(625 ILCS 5/18c-5303) (from Ch. 95 1/2, par. 18c-5303)
Sec. 18c-5303.
The Fitness Test.
(1) Prima Facie Evidence of Applicant Fitness in Licensing Cases.
Applicants for non-relocation towing licenses may establish a prima facie
showing of fitness by the following evidence:
(a) A summary statement of net worth;
(b) A listing of applicant's drivers and any persons who assist or supervise drivers;
(c) A description of equipment to be used in providing service under the license;
(d) A statement that the applicant has not:
(i) Been convicted, during the 2 years immediately preceding the filing
of the application, of a felony involving theft of property, violence to
persons, or criminal damage to property; or
(ii) Been convicted, during the year immediately preceding the filing of
the application, of safety violations on 3 or more occasions in which its
vehicle or vehicles were taken out of service, or which otherwise show the
applicant to be unfit;
(e) A statement that the applicant does not and will not employ or lease
any driver, or any person who will assist or supervise drivers, who has
been convicted, during the applicable time frames, of the foregoing violations;
(f) A statement that the applicant does not and will not employ or lease
any driver who does not hold a valid classified driver's license to operate a tow truck;
(g) A statement that the applicant is familiar with and will comply with
the provisions of this Chapter, Commission regulations and orders; and
(h) Proof of insurance in compliance with Commission regulations and orders.
(2) Prima Facie Evidence of Licensee Fitness in Enforcement Cases. The
respondent in a proceeding to consider whether to suspend or revoke a
license authorizing non-relocation towing or to impose other sanctions on
grounds of unfitness may establish a prima facie showing of fitness in the
manner provided in subsection (1) of this Section.
(3) Rebuttal of Prima Facie Showing of Fitness. A prima facie showing
of applicant or licensee fitness may be rebutted by other evidence of
record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5304) (from Ch. 95 1/2, par. 18c-5304)
Sec. 18c-5304.
The Public Need/Public Convenience and Necessity Test.
Applicants for non-relocation towing licenses may establish, and other
parties may rebut, a prima facie showing of public need/public convenience and
necessity by the following evidence:
(1) Existing Towing Companies.
(a) Evidentiary Standard.
Any person engaged in non-relocation towing between July 1, 1985 and
January 1, 1986 may establish a prima facie showing of public convenience
and necessity to the extent of such operations by submitting a statement:
(i) Affirming that the person was engaged in non-relocation during the
foregoing time period; and
(ii) Describing its operations during such period.
(b) Extent of Existing Operations. The extent of the applicant's operations shall
be presumed to encompass non-relocation towing within the following
territory, unless otherwise shown on the record:
(i) Movements within a 50 mile radius of the applicant's principal place
of business in Illinois; and
(ii) Movements from points within the foregoing radius to points in
Illinois, and vice versa.
(c) Deadline for Filing Applications. Applications under this
subsection must be filed within 9 months after the effective date of this
amendatory Act of 1986, or by July 1, 1987, whichever is later.
(2) New Towing Companies and Extension of Existing Company Operations.
Applications for non-relocation towing licenses need not be supported by
shippers intending to use the carrier's service if other evidence of public
need/public convenience and necessity is offered by carrier witnesses,
non-carrier witnesses from other than
shippers intending to use the carrier's service, or others.
(3) Rebuttal of Prima Facie Showing of Public Need/Public Convenience and Necessity.
A prima facie showing of public need/public convenience and necessity may be rebutted
by other evidence of record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
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