Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES625 ILCS 5/18b-103.1
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/18b-103.1)
(from Ch. 95 1/2, par. 18b-103.1)
Obedience to Police Officer.
(a) No person shall willfully fail or refuse to comply with any lawful
order or direction of any officer authorized by law to enforce this Chapter
and to perform vehicle and driver motor carrier safety inspections under
this Chapter. Lawful orders or directions shall include providing
documentation and answering questions necessary to determine compliance
with the provisions of this Chapter. The driver or owner shall assist the
officer, as needed, during the course of any such inspection.
(b) Any person who violates this Section shall be guilty of a Class C
(Source: P.A. 87-768; 88-476.)
625 ILCS 5/18b-104
(625 ILCS 5/18b-104)
(from Ch. 95 1/2, par. 18b-104)
Cooperation with State Agencies - Records and Data -
Availability. The Department shall cooperate with other State agencies
regulating transportation by motor vehicles and may enter into interagency
agreements for the purpose of sharing data. The Department shall enter
into an interagency agreement with the Illinois State Police for the
purpose of enforcing any provisions of this Chapter and the rules and
regulations issued under this Chapter.
(Source: P.A. 86-611.)
625 ILCS 5/18b-105
(625 ILCS 5/18b-105)
(from Ch. 95 1/2, par. 18b-105)
Rules and Regulations.
(a) The Department is authorized to make and adopt reasonable rules and
regulations and orders consistent with law necessary to carry out the
provisions of this Chapter.
(b) The following parts of Title 49 of the Code of Federal Regulations,
as now in effect, are hereby adopted by reference as though they were set
out in full:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs;
Part 380 - Special Training Requirements;
Part 382 - Controlled Substances and Alcohol Use and Testing;
Part 383 - Commercial Driver's License Standards, Requirements, and
Part 385 - Safety Fitness Procedures;
Part 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties;
Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers;
Part 390 - Federal Motor Carrier Safety Regulations: General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe Operation;
Part 395 - Hours of Service of Drivers, except as provided in
Part 396 - Inspection, Repair and Maintenance; and
Part 397 - Transportation of hazardous materials; Driving and Parking Rules.
(b-5) Individuals who meet the requirements set forth in the definition
of "medical examiner" in Section 390.5 of Part 390 of Title 49 of the Code
of Federal Regulations may act as medical examiners in accordance with
Part 391 of Title 49 of the Code of Federal Regulations.
(c) The following parts and Sections of the Federal Motor Carrier Safety
Regulations shall not apply to those intrastate carriers, drivers or
vehicles subject to subsection (b).
(1) Section 393.93 of Part 393 for those vehicles
manufactured before June 30, 1972.
(2) Section 393.86 of Part 393 for those vehicles
registered as farm trucks under subsection (c) of Section 3-815 of this Code.
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural operations
as defined in Section 18b-101 of this Chapter at any time of the year and all farm to market agricultural transportation as defined in Chapter 1 and for grain hauling operations within a radius of 200 air miles of the normal work reporting location.
(7) Paragraphs (b)(3) (insulin dependent diabetic)
and (b)(10) (minimum visual acuity) of Section 391.41 of part 391, but only for any driver who immediately prior to July 29, 1986 was eligible and licensed to operate a motor vehicle subject to this Section and was engaged in operating such vehicles, and who was disqualified on July 29, 1986 by the adoption of Part 391 by reason of the application of paragraphs (b)(3) and (b)(10) of Section 391.41 with respect to a physical condition existing at that time unless such driver has a record of accidents which would indicate a lack of ability to operate a motor vehicle in a safe manner.
(d) Intrastate carriers subject to the recording provisions of Section
395.8 of Part 395 of the Federal Motor Carrier Safety Regulations shall be
exempt as established under paragraph (1) of Section 395.8; provided,
however, for the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to qualify for exempt
(e) Regulations adopted by the Department subsequent to those adopted
under subsection (b) hereof shall be identical in substance to the Federal
Motor Carrier Safety Regulations of the United States Department of
Transportation and adopted in accordance with the procedures for rulemaking
in Section 5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05; 94-739, eff. 5-5-06.)
625 ILCS 5/18b-106
(625 ILCS 5/18b-106)
(from Ch. 95 1/2, par. 18b-106)
Application of Chapter and Regulations.
expressly specified within this Chapter, this Chapter and the rules and
regulations issued under this Chapter shall be applicable to all persons
employing drivers, drivers and commercial motor vehicles which transport
property or passengers in interstate or intrastate commerce.
(Source: P.A. 86-611; 87-829.)
625 ILCS 5/18b-106.1
(625 ILCS 5/18b-106.1)
Hours of service of drivers employed by contract carriers
transporting employees in the course of their employment. A contract carrier
limit the hours of service by a driver transporting employees in the course of
their employment on a
road or highway of this State in a vehicle designed to carry 15 or fewer
passengers to 12 hours of vehicle operation per day, 15 hours of on-duty
service per day, and 70 hours of on-duty service in 7 consecutive days. The
contract carrier shall
require a driver who has 12 hours of vehicle operation per day or 15 hours of
on-duty service per day to have at least 8 consecutive hours off duty before
operating a vehicle again.
(Source: P.A. 92-108, eff. 1-1-02.)
625 ILCS 5/18b-106.2
(625 ILCS 5/18b-106.2)
Hours of service; utility service interruption emergencies.
(a) As used in this Section:
"Commercial driver's license" has the meaning set forth in Section 1-111.6 of this Code.
"Commercial motor vehicle" has the meaning set forth in Section 18b-101 of this Code.
"Utility service interruption emergency" means an outage or interruption of utility service in Illinois occasioned by a set of circumstances included in the definition of "emergency" set forth at 49 CFR 390.5.
"Utility service" means the repairing, maintaining, or operating of any structures or any other physical facilities necessary for the delivery of utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service.
"Utility service vehicle" has the meaning set forth in 49 CFR 395.2.
(b) Upon receipt of notification of a utility service interruption emergency by a utility service provider, the Illinois Department of Transportation shall declare that an emergency exists pursuant to 49 CFR 390.23. Should an audit by the Illinois Department of Transportation establish that there has been an abuse of the notification procedure by a utility service provider, the Illinois Department of Transportation may refuse to grant emergency declarations to that utility service provider in the future without further confirmation of the existence of a utility service interruption emergency.
(c) A utility service interruption emergency continues until:
(1) the necessary maintenance or repair work is
(2) personnel used to perform necessary maintenance
or repair work have returned to their respective normal work routines.
(d) An individual is exempt from any regulation of the maximum hours of service that an employee may work under 49 CFR 395 if he or she:
(1) is the holder of a commercial driver's license;
(A) an employee;
(B) an employee of a contractor; or
(C) an employee of a subcontractor;
of a utility service provider in an employment capacity
in which the commercial driver's license is used; and
(3) operates a commercial motor vehicle as a utility
service vehicle and engages in intrastate maintenance or repair work in response to a utility service interruption emergency.
(e) The exemption from maximum hours of service regulations provided under subsection (d) shall not exceed the duration of the utility service provider's or driver's direct assistance in providing utility service interruption emergency relief, or 5 days from the date of the initial declaration, whichever is less.
(f) Nothing in this amendatory Act of the 94th General Assembly shall be construed to contravene any federal law or to jeopardize State of Illinois entitlement to federal funding. If any provision of this amendatory Act of the 94th General Assembly or its application is found to jeopardize federal funding, that provision is declared invalid but does not affect any other provision or application. The provisions of this amendatory Act of the 94th General Assembly are declared to be severable.
(Source: P.A. 94-1, eff. 5-23-05.)
625 ILCS 5/18b-107
(625 ILCS 5/18b-107)
(from Ch. 95 1/2, par. 18b-107)
Violations - Civil penalties.
Except as provided in Section 18b-108, any person who is determined
by the Department after reasonable notice and opportunity for a fair and
impartial hearing to have committed an act in violation of this Chapter
or any rule or regulation issued under this Chapter is liable to the State
for a civil penalty. Such person is subject to a civil penalty as prescribed by Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations and Maximum Monetary Penalties, except that a person committing a
grade crossing violation is subject to a civil penalty of not more than
$10,000, and, if any such violation is a continuing one,
each day of violation constitutes a separate offense. The amount of any
such penalty shall be assessed by the Department by a written notice. In
determining the amount of such penalty, the Department shall take into
account the nature, circumstances, extent and gravity of the violation and,
with respect to a person found to have committed such violation, the degree
of culpability, history or prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the person
charged. All civil penalties collected under this subsection shall be
deposited in the Road Fund.
(Source: P.A. 94-519, eff. 8-10-05.)
625 ILCS 5/18b-108
(625 ILCS 5/18b-108)
(from Ch. 95 1/2, par. 18b-108)
Violations; criminal penalties.
(a) The provisions of Chapter 16 shall be applicable to acts committed
by a driver of a motor vehicle that violate this Chapter or any rule or
regulation issued under this Chapter.
(b) Except as provided in subsection (d), any driver who willfully violates any provision of this Chapter or
any rule or regulation issued under this Chapter is guilty of a Class 4
felony. In addition to any other penalties prescribed by law, the maximum
fine for each offense is $10,000.
Such violation shall be prosecuted by the State's Attorney or the Attorney
(c) Except as provided in subsection (d), any person, other than a driver, who willfully
violates or causes another to violate any provision of this Chapter or any
rule or regulation issued
under this Chapter is guilty of a Class 3 felony. In addition to any other
penalties prescribed by law, the maximum fine for each offense is $25,000.
Such violation shall be prosecuted
at the request of the Department
by the State's Attorney or the Attorney General.
(d) Any driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 3 felony. Any person other than the driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 2 felony.
(Source: P.A. 99-291, eff. 1-1-16
625 ILCS 5/18b-109
(625 ILCS 5/18b-109)
(from Ch. 95 1/2, par. 18b-109)
Enforcement of Rules and Regulations.
Only the Illinois
State Police shall enforce the rules and regulations issued under this
Chapter against drivers. The Department and the Illinois State Police
shall enforce the rules and regulations issued under this Chapter against
persons other than drivers.
(Source: P.A. 86-611.)
625 ILCS 5/18b-110
(625 ILCS 5/18b-110)
(from Ch. 95 1/2, par. 18b-110)
Conflict With Other Laws.
This Chapter is not intended
to affect any State law or ordinance of a local authority now in effect or
intrude upon the duties and responsibilities of any State or local officer
with respect to matters related to the subject to this Chapter, but in the
case of any conflict with other State laws or ordinance of local
authorities relating to the transportation of persons or property by
highway, the provisions of this Chapter shall control.
(Source: P.A. 86-611.)
625 ILCS 5/18b-111
(625 ILCS 5/18b-111)
(from Ch. 95 1/2, par. 18b-111)
Review Under Administrative Review Law.
administrative decisions of the Department under this Chapter shall be
subject to judicial review under the Administrative Review Law, as now or
(Source: P.A. 90-89, eff. 1-1-98.)
625 ILCS 5/18b-112
(625 ILCS 5/18b-112)
Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Department" means the Department of State
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
"Equipment provider" is the owner of an intermodal trailer, chassis, or
This includes any forwarding company, water carrier, steamship line, railroad,
equipment leasing company, and their subsidiary or affiliated companies owning
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
(1) If as a result of a roadside inspection by the
Department, any of the defects listed in paragraph (2) are discovered, a rebuttable presumption existed at the time of the interchange. If a summons or complaint is issued to the operator, the operator may seek relief pursuant to paragraph (3).
(2) A rebuttable presumption exists that the
following defects were present at the time of the interchange:
(A) There is a defect with the brake drum
(I) the drum cracks;
(II) the lining is
loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative
(I) there is no movement of any
(II) there are missing, broken, or loose
(III) there are mismatched components.
(C) There is a defect with the air lines and
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or
(D) There is a defect with the reservoir tank
when there is any separation of original attachment points.
(E) There is a defect with the frames
(I) there is any cracked, loose, sagging, or
broken frame members which measure one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange; or
(II) there is any condition which causes
moving parts to come in contact with the frame.
(F) There is an electrical defect when wires are
(G) There is a defect with the wheel assembly
(I) there is low or no oil;
(II) there is oil leakage on brake
(III) there are lug nuts that are loose or
(IV) the wheel bearings are not properly
(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the
(III) there are exposed plys or belting
(I) There is defect with rim cracks when:
(I) there is any circumferential crack,
except a manufactured crack; or
(II) there is a lock or side ring cracked,
bent, broken, sprung, improperly seated, or mismatched.
(J) There is a defect with the suspension
(I) there are spring assembly leaves broken,
missing, or separated; or
(II) there are spring hanger, u-bolts, or
axle positioning components cracked, broken loose, or missing.
(K) There is a defect with the chassis locking
pins when there is any twist lock or fitting for securement that is sprung, broken, or improperly latched.
(3) If an operator receives a citation for a
violation due to a defect in any equipment specified in subsection (d)(2), the equipment provider shall reimburse the operator for any:
(A) fines and costs, including court costs and
reasonable attorneys fees, incurred as a result of the citation; and
(B) costs incurred by the operator to repair the
defects specified in the citation, including any towing costs incurred.
The equipment provider shall reimburse the operator
within 30 days of the final court action. If the equipment provider fails to reimburse the operator within 30 days, the operator has a civil cause of action against the equipment provider.
(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.
(Source: P.A. 91-662, eff. 7-1-00.)
625 ILCS 5/Ch. 18C
(625 ILCS 5/Ch. 18C heading)
ILLINOIS COMMERCIAL TRANSPORTATION LAW
625 ILCS 5/Ch. 18C Sub-ch. 1
(625 ILCS 5/Ch. 18C Sub-ch. 1 heading)
625 ILCS 5/Ch 18C Sub 1 Art I
(625 ILCS 5/Ch 18C Sub 1 Art I heading)
SHORT TITLE, LEGISLATIVE INTENT, STATE
TRANSPORTATION POLICY, AND DEFINITIONS
625 ILCS 5/18c-1101
(625 ILCS 5/18c-1101)
(from Ch. 95 1/2, par. 18c-1101)
This Chapter shall be known and may be cited
as the "Illinois
Commercial Transportation Law".
(Source: P.A. 84-796.)
625 ILCS 5/18c-1102
(625 ILCS 5/18c-1102)
(from Ch. 95 1/2, par. 18c-1102)
The General Assembly finds that:
(a) a comprehensive recodification of existing
transportation regulatory statutes is needed to delete obsolete provisions and facilitate a coordinated approach to regulation of motor carriers, rail carriers, and brokers;
(b) the accelerating pace of change in the
transportation industry, as an outgrowth of changing economic conditions and federal legislation, necessitates the streamlining of regulatory procedures to allow for prompt action to protect the interests of the people of the State of Illinois; and
(c) an increasing incidence of unlawful activity by
unlicensed carriers and others has rendered existing enforcement mechanisms inadequate.
Where the language of any provision in this Chapter is substantially
similar to the language in the predecessor statute, the legislative intent
expressed in this Chapter shall be the same as the legislative intent
embodied in the predecessor statute as construed by the courts of this
State and, where appropriate, reports of the Illinois Motor Vehicle Laws
(Source: P.A. 91-357, eff. 7-29-99.)
625 ILCS 5/18c-1103
(625 ILCS 5/18c-1103)
(from Ch. 95 1/2, par. 18c-1103)
State Transportation Policy.
It is hereby declared to be
the policy of the State of Illinois
to actively supervise and regulate commercial transportation of
persons and property within this state. This policy shall be
carried out in such manner as to: (a) promote adequate,
economical, efficient and responsive commercial transportation service,
with adequate revenues to carriers and reasonable rates to the
public, and without discrimination; (b) recognize and preserve
the inherent advantages of, and foster sound economic conditions
in, the several modes of commercial transportation in the public
interest; (c) develop and preserve a commercial transportation
system properly supportive of the broad economic development
goals of the State of Illinois; (d) create economic and
employment opportunities in commercial transportation and affected
industries through economic growth and development; (e) encourage
fair wages and safe and suitable working conditions in the
transportation industry; (f) protect the public safety through
administration of a program of safety standards and insurance; (g)
insure a stable and well-coordinated transportation system for
shippers, carriers and the public; and (h) cooperate with the
federal government, the several states, and with the
organizations representing states and commercial transportation service
providers and consumers.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1104
(625 ILCS 5/18c-1104)
(from Ch. 95 1/2, par. 18c-1104)
The following terms, when used in this
Chapter, have the hereinafter designated meanings unless their context
clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier of
property, that arranges, offers to arrange, or holds
itself out, by solicitation, advertisement, or
otherwise, as arranging or offering to arrange for-hire
transportation of property or other service in
connection therewith by a motor carrier of property
which holds or is required to hold a license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier other than a private
(3) "Certificate" means a certificate of public convenience
and necessity issued under this Chapter to common carriers
of household goods.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the Commission
pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions; and all
terms, conditions, or limitations thereof.
(9) "Discrimination" means undue discrimination in the
context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for agricultural and livestock
(11) "For-hire" means for compensation or hire, regardless of
the form of compensation and whether compensation is direct or indirect.
(12) "Freight forwarder" means any person other than a motor
carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire,
which, in the rendition of its services:
(a) Undertakes responsibility for the consolidation
(where applicable), transportation, break-bulk (where applicable), and distribution of such property from the point of receipt to the point of delivery; and
(b) Utilizes, for the transportation of such
property, the services of one or more motor carriers or rail carriers.
(13) "Hazardous material" means any substance or material in
a quantity and form determined by the federal Office of
Hazardous Materials and the Federal Railroad
Administration to be capable of posing an unreasonable
risk to health, safety, or property when transported in commerce.
(13.1) "Household goods" means:
(A) Personal effects and property used or to be used
in a dwelling when a part of the equipment or supply of such dwelling; except that this subdivision (13.1) shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in his or her dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder;
(B) Furniture, fixtures, equipment, and the property
of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments; except that this subdivision (13.1) shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as an incident to the moving of the establishment, or a portion thereof, from one location to another; and
(C) Articles, including, but not limited to, objects
of art, displays, and exhibits, which, because of their unusual nature or value, require the specialized handling and equipment usually employed in moving household goods; except that this subdivision (13.1) shall not be construed to include any article, whether crated or uncrated, that does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.
(13.2) "Household goods carrier" means a motor carrier of property
authorized to transport household goods.
(13.3) "Household goods common carrier" means any household goods carrier
engaged in transportation for the general public over regular or irregular
routes. Household goods common carriers may also be referred to as "common
carriers of household goods".
(13.4) "Household goods contract carrier"
means any household goods carrier engaged in transportation under contract with
a limited number of shippers (that shall not be freight forwarders, shippers'
agents or brokers) that either (a) assigns motor vehicles for a continuing
period of time to the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the distinct need of the
shipper or shippers served. Household goods contract carriers may also be
referred to as "contract carriers of household goods".
(14) "Interstate carrier" means any person engaged in the
for-hire transportation of persons or property in
interstate or foreign commerce in this State, whether or
not such transportation is pursuant to authority issued
to it by the Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in the
for-hire transportation of persons or property in
intrastate commerce in this State.
(16) "Interstate commerce" means commerce between a point in
the State of Illinois and a point outside the State of
Illinois, or between points outside the State of
Illinois when such commerce moves through Illinois, or
between points in Illinois moving through another state
in a bona fide operation that is either exempt from
federal regulation or moves under a certificate or permit issued by
the Interstate Commerce Commission authorizing interstate transportation,
whether such commerce moves wholly by motor vehicle or
partly by motor vehicle and partly by any other
regulated means of transportation where the commodity
does not come to rest or change its identity during the
movement, and includes commerce originating or
terminating in a foreign country moving through the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether
such commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For purposes of Article
III of Sub-chapter 4 of this Chapter, "license" does not include a "public
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for
hire, over the public roads of this State, by motor
vehicle. Motor carriers engaged in the transportation
of property are referred to as "motor carriers of
property"; motor carriers engaged in the transportation
of passengers are referred to as "motor carriers of
passengers" or "bus companies".
(20) "Motor vehicle" means any vehicle, truck, trucktractor,
trailer or semitrailer propelled or drawn by mechanical
power and used upon the highways of the State in the
transportation of property or passengers.
(21) "Non-relocation towing" means the:
(a) For-hire transportation of vehicles by use of
wrecker or towing equipment, other than the removal of trespassing vehicles from private property subject to the provisions of Chapter 18a of this Code, and other than transportation exempted by Section 18c-4102; and
(b) For-hire towing of wheeled property other than
(22) "Notice" means with regard to all proceedings except enforcement
proceedings instituted on the motion of the Commission, and except for
interstate motor carrier registrations, public notice by publication in the
official state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by
the Director of Central Management Services of the State
of Illinois, or, if said Director fails to certify to
the Commission the name and address of the official
newspaper selected by the Director prior to expiration
of the previous certification, the newspaper designated
in the most recent certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a
matter of right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter to
contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person,
includes the partners, officers, employees, and agents
of the person, as well as any trustees, assignees,
receivers, or personal representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers
by motor vehicle other than for hire, whether the person
is the owner, lessee or bailee of the lading or
otherwise, when the transportation is for the purpose of sale, lease, or
bailment and in furtherance of the person's primary business, other than
transportation. "Private carriers by motor vehicle" may be
referred to as "private carriers". Ownership, lease or
bailment of the lading is not sufficient proof of a
private carrier operation if the carrier is, in fact,
engaged in the transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of property, other than a
household goods carrier.
(27.2) "Public carrier certificate" means a certificate issued to a motor
carrier to transport property, other than household goods, in intrastate
commerce. The issuance of a public carrier certificate shall not be subject to
the provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be construed to have the same
meaning under this Chapter as it was construed by the courts to have under the
Illinois Motor Carrier of Property Law, with respect to motor carriers of
property, and the Public Utilities Act with respect to motor
carriers of passengers and rail carriers.
(29) "Public interest" shall be construed to have the same
meaning under this Chapter as it was construed by the courts
to have under the Illinois Motor Carrier of Property Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by
railroad, together with all employees or agents of such
person or entity, and all property used, controlled, or
owned by such person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals
and other facilities, and equipment, including engines,
freight cars, passenger cars, cabooses, and other
equipment, used in the transportation of property or
passengers by rail.
(32) "Rail yard" means a system of parallel tracks, cross-overs and
switches where cars are switched and made up into trains, and where cars,
locomotives, and other rolling stock are kept when not in use or awaiting
repairs. A "rail yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare, toll,
or charge of any carrier or carriers, any provisions relating to
application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff"
refers to a publication or document containing motor
common carrier rates and provisions
or rates and provisions applicable
via rail carrier under contracts established pursuant to
49 U.S. Code 10713. The term "schedule" refers to a
publication or document containing motor contract
carrier rates and provisions.
(34) "Registration" means a registration issued to an
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area within the corporate
boundary of an incorporated city, village, municipality,
or community center, the area (whether incorporated
or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city,
village or municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation, merger, acquisition
or change of control, or other transfer of a license, in whole or in part.
(38) "Transportation" means the actual movement of property or passengers
by motor vehicle (without regard to ownership of vehicles or equipment used
in providing transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service provided by the
carrier in connection with movement by motor vehicle or rail,
which is performed by or on behalf of the carriers, its employees or agents,
or under the authority or direction of the carrier or under the apparent
authority or direction and with the knowledge of the carrier. Transportation
of property by motor vehicle includes driveaway or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of wheeled
property by means of a crane, hoist, towbar, towline, or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or auxiliary axles,
when used in relation to towing accidentally wrecked or disabled vehicles; and
roll-back carriers or trailers, when used in relation to transporting
accidentally wrecked or disabled vehicles. Wrecker or towing equipment does
not include car carriers or trailers other than roll-back car carriers or
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
625 ILCS 5/Ch 18C Sub 1 Art II
(625 ILCS 5/Ch 18C Sub 1 Art II heading)
JURISDICTION AND POWER
OF THE COMMISSION
625 ILCS 5/18c-1201
(625 ILCS 5/18c-1201)
(from Ch. 95 1/2, par. 18c-1201)
The jurisdiction of the Commission under
this Chapter shall extend to
for-hire transportation by motor carrier and rail carrier, the activities of
brokers, and to
other activities specifically enumerated herein, within the State
of Illinois, and except as otherwise provided elsewhere in this Chapter
shall extend only to intrastate commerce.
(Source: P.A. 89-42, eff. 1-1-96.)
625 ILCS 5/18c-1202
(625 ILCS 5/18c-1202)
(from Ch. 95 1/2, par. 18c-1202)
Enumeration of Powers.
The Commission shall have the power
(1) Administer and enforce provisions of this Chapter;
(2) Regulate the entry, exit, and services of carriers; as to public
carriers, this power is limited to matters relating to insurance and safety
(3) Regulate rates and practices of household goods carriers, rail
carriers, passenger carriers, and common carriers by pipeline;
(4) Establish and maintain systems of accounting as well as
reporting and record-keeping requirements for household goods carriers,
rail carriers, passenger carriers, and common carriers by pipeline;
(5) Establish and maintain systems for the classification of
carriers, commodities and services;
(6) Regulate practices, terms and conditions relating to the
leasing of equipment and to the interchange of equipment
among carriers; as to public carriers, this power is limited to matters
relating to insurance and safety standards;
(7) Protect the public safety through insurance and safety
(8) Regulate brokers in accordance with provisions of this Chapter;
(9) Adopt appropriate regulations setting forth the
standards and procedures by which it will administer and
enforce this Chapter, with such regulations being uniform
for all modes of transportation or different for the
different modes as will, in the opinion of the
Commission, best effectuate the purposes of this Chapter;
(10) Conduct hearings and investigations, on its own motion
or the motion of a person;
(11) Adjudicate disputes, hear complaints or other petitions
for relief, and settle such matters by stipulation or
(12) Create special procedures for the receipt and handling
of consumer complaints;
(13) Issue certificates describing the extent to which a
person is exempt under the provisions of this Chapter;
(14) Construe this Chapter, Commission regulations and orders,
except that the rule of ejusdem generis shall not be applicable in the
construction or interpretation of any license, certificate or permit
originally issued under the Illinois Motor Carrier of Property Law and now
governed by subchapter 4 of this Chapter or issued
under subchapter 4 of this Chapter prior to July 1, 1989;
(15) Employ such persons as are needed to administer and
enforce this Chapter, in such capacities as they are needed,
whether as hearings examiners, special examiners,
enforcement officers, investigators, or otherwise;
(16) Create advisory committees made up of representatives of
the various transportation modes, shippers, receivers,
or other members of the public;
(17) Initiate and participate in proceedings in the federal or State
courts, and in proceedings before federal or other State agencies, to the
extent necessary to effectuate the purposes of this Chapter, provided that
participation in specific proceedings is directed, in writing, by the
(18) Direct any telecommunications carrier to disconnect the telephone
number published in any commercial listing of any household goods carrier that
does not have a valid license issued by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
625 ILCS 5/18c-1203
(625 ILCS 5/18c-1203)
(from Ch. 95 1/2, par. 18c-1203)
(1) Delegation of Authority.
(a) General Delegation. The power to make an initial
decision in all matters under this Chapter and Chapter 18a which are interlocutory or which are not the subject of an active controversy between parties, except in motor carrier of property licensing cases and cases assigned for hearing, is delegated to one or more staff members who shall be designated by the Commission.
(b) Delegation to Examiners. The power to make
initial decisions shall be vested in the examiner, in all cases assigned for hearing, except in household goods carrier licensing cases.
(2) Form of Decisions. Decisions under this Section shall be by letter
notice or directive, signed by the person authorized to make the initial
decision. Such notice or directive shall be effective and enforceable in
the same manner as an order of the Commission.
(3) Appeal of Initial Decisions. All initial decisions rendered under
this Section may be appealed to the Commission. Appeal of interlocutory
decisions by an examiner in a case assigned for hearing shall be in
accordance with the Commission's Rules of Practice. Appeal of other initial
decisions shall be by motion for reconsideration in accordance with Section
18c-2110 of this Chapter.
(4) Enforcement. An initial decision which has not been administratively
appealed or the administrative appeal of which has been denied shall be
enforceable in the same manner as an order of the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
625 ILCS 5/18c-1204
(625 ILCS 5/18c-1204)
(from Ch. 95 1/2, par. 18c-1204)
(1) Establishment. There shall be established within the staff of the
Commission a Transportation Division in which primary staff responsibility for
the administration and enforcement of this Chapter and Chapter 18a shall be
vested. The Transportation Division shall be headed by a division manager
responsible to the executive director.
(2) Structure. The Transportation Division shall consist of 4 programs
and 2 offices. The 4 programs shall be Compliance, Review and Examination,
Docketing and Processing, and Rail Safety. Each program shall be headed by
a program director and responsible to the division manager, except that in
the Compliance Program the 3 staff supervisors shall each be responsible to
the division manager. The 2 offices shall be the Office of Transportation
Counsel and the Office of the Division Manager. The Office of
Transportation Counsel shall be headed by a Chief Counsel responsible to
the Division Manager. The Division Manager shall coordinate the activities
and responsibilities of the Office of Transportation Counsel with the
executive director and the personal assistant serving as staff counsel to
the executive director in the office of the executive director, and with
(a) The Compliance Program.
(i) The Compliance Program shall consist of a
police staff, a rate auditing staff, and a civil penalties staff. These staffs shall be headed by a Chief of Police, a Supervisor of Tariffs and Audits, and a Supervisor of Civil Penalties, respectively.
(ii) The police staff shall be divided into
districts with a field office in each district. Each district shall be headed by a working supervisor responsible to the Chief of Police. All staff responsibility for enforcement of this Chapter, except with regard to rail safety, shall be vested in the Compliance Program.
(b) The Review and Examination Program.
(i) Staff responsibility for review of all
nonhearing matters under this Chapter and Chapter 18a and examination of all matters assigned for hearing under this Chapter and Chapter 18a shall be vested in the Review and Examination Program, except as otherwise provided in Section 18c-1204b.
(ii) Hearing examiners in the program shall have
responsibility for developing a full, complete and impartial record on all issues to be decided in a proceeding; recommending disposition of the issues or making an initial decision on them, as provided in this Chapter; and setting forth in writing the basis for their recommendations or initial decisions. The program director shall be the chief hearing examiner for matters under this Chapter and Chapter 18a with responsibility to insure consistency of recommendations and initial decisions.
(c) The Processing and Docketing Program. All staff
responsibility for docketing and processing filings, accounting of receipts and expenditures, issuing, file maintenance and other processing functions under this Chapter and Chapter 18a shall be vested in the Processing Program.
(d) The Rail Safety Program. Staff responsibility for
administration and enforcement of the rail safety provisions of this Chapter shall be vested in the Rail Safety Program.
(e) The Office of Transportation Counsel.
(i) All Commission staff responsibility for
provision of legal services in connection with any matter under this Chapter, excepting any matter under subchapters 7 and 8 of this Chapter, or in connection with any matter under Chapter 18a shall, except with regard to functions vested in the review and examination program under paragraph (b) of this subsection, be vested exclusively in the Office of Transportation Counsel.
(ii) The Office of Transportation Counsel shall,
when directed through the division manager to do so, represent the Commission or Commission staff in administrative or judicial proceedings and render staff advisory opinions to the executive director and the Commission.
(f) Levels of Administration. No additional levels
of administration, supervision or authority shall be superimposed, or remain superimposed, between levels prescribed under this Section, and no organizational units may be created within the Transportation Division except as prescribed under this Section.
(3) Additional Functions. Staff functions relating to rulemaking,
policy recommendations and advisory committees under this Chapter and
Chapter 18a shall be vested in the Transportation Division.
The staff shall prepare and distribute to the General Assembly, in
April of each year, a report on railway accidents in Illinois which involve
hazardous materials. The report shall include the location, substance
involved, amounts involved, and the suspected reason for each accident. The
report shall also reveal the rail line and point of origin of the hazardous
material involved in each accident.
(Source: P.A. 88-415.)
625 ILCS 5/18c-1204a
(625 ILCS 5/18c-1204a)
(from Ch. 95 1/2, par. 18c-1204a)
(1) Mandatory Docketing
Requirement. All pleadings filed with the Commission under this Chapter
and Chapter 18a shall be docketed in a timely manner.
(2) Staff Objections. If staff believes a pleading filed with the
Commission under this Chapter and Chapter 18a to be defective in any respect, it may file
its objection with the Commission in writing, provided a copy of the
objection is simultaneously served on the person who filed the
pleading and 15 days are allowed for the filing of a reply. The Commission
may, if it finds that the pleading is defective, either dismiss the
proceeding or permit amendment of the pleading, provided that intervenors
are permitted adequate time after amendment to prepare for continuation of
(Source: P.A. 85-553.)
625 ILCS 5/18c-1204b
(625 ILCS 5/18c-1204b)
(from Ch. 95 1/2, par. 18c-1204b)
Certification of Records.
Copies of all official documents and orders filed or deposited according to
the law in the office of the Commission under this Chapter or Chapter 18a,
certified by the director of the processing and docketing program to be
true copies of the originals, under the official seal of the Commission,
shall be evidence in like manner as the originals.
(Source: P.A. 85-553.)
625 ILCS 5/18c-1204c
(625 ILCS 5/18c-1204c)
(from Ch. 95 1/2, par. 18c-1204c)
Independent Review of Decisions on Administrative
Appeal. (1) Requirement of Independent Review. Except as otherwise
provided in subsection (3) of this Section:
(a) Review of Staff Decisions. No decision made by other than the
Commission shall be reviewed on administrative appeal by the person or
board which made the decision, unless the appeal requests review by the
person or board which made the decision.
(b) Review of Commission or Employee Board Decisions. No decision made
by the Commission
or an employee board shall be reviewed on administrative appeal by the
person or board which made the formal recommendation pursuant to which the
decision was made, unless the appeal requests review by the person or board
which made the formal recommendation.
(2) Independent Review Board. (a) Establishment of an Independent
Review Board. The Commission shall establish an Independent Review Board
which shall review motions for rehearing and reconsideration which do not
request review by the person or board which made the decision or the formal
recommendation pursuant to which the decision was made.
(b) Composition of the Independent Review Board. The Board shall
consist of 3 members appointed by the Commission, one of whom shall be
designated as the chairman. The Commission shall appoint the members from
Commission staff whose expenses may be allocated to the Transportation
Regulatory Fund under Section 18c-1603. If the
Transportation Division is not represented on the Board by a voting member,
the Commission shall appoint a
nonvoting member from the Transportation Division.
(c) Functions of the Independent Review Board. The Board shall review
all motions presented to it under this Section. The Board may, in its
discretion, review the record of the proceeding and hear oral argument by
the parties. The Board shall recommend a decision by the Commission. If a
Board member dissents from the recommendation, any dissenting opinion
supplied by the member shall be attached.
(3) Applicability of Section. The provisions of this Section shall
not apply to any matter arising under Subchapter 7 of this Chapter.
(Source: P.A. 86-1005.)
625 ILCS 5/18c-1204d
(625 ILCS 5/18c-1204d)
(from Ch. 95 1/2, par. 18c-1204d)
(1) General Provisions. Except
as otherwise provided in this Section, Commission staff participation in
the administration or enforcement of this Law in a supervisory, advisory,
or other capacity shall be limited to personnel whose expenses are, in
whole or in part, allocable to the Transportation Regulatory Fund.
(2) Exceptions. The provisions of subsection (1) of this Section shall not apply to:
(a) Staff of the office of chairman and commissioners serving as
personal assistants or clerical support to the members;
(b) Members of the Independent Review Board serving on the effective
date of this amendatory Act of 1989, while serving in their current capacities; or
(c) Commission staff other than the staff of the office of chairman and
commissioners participating in proceedings involving subchapters 5, 6, 7 or
8 of this Chapter.
(Source: P.A. 86-1005.)
625 ILCS 5/18c-1204e
(625 ILCS 5/18c-1204e)
(from Ch. 95 1/2, par. 18c-1204e)
Communications with the Office of Chairman and
Commissioners. (1) The chairman, members and executive director shall
jointly adopt and adhere to written procedures concerning communication
with staff of the Transportation Division to insure that:
(a) Communications from the members or staff of the office of chairman
and commissioners which do not require substantial work from staff shall be
transmitted to the manager of the Transportation Division; and
(b) Communications from the members or staff of the office of chairman
and commissioners which do require substantial work from staff shall be
transmitted to the executive director.
(2) The executive director shall establish written procedures, which
staff other than staff of the office of chairman and commissioners shall
adhere to, in regard to communications of such staff to the chairman,
members or staff of the office of chairman and commissioners.
(Source: P.A. 86-1005.)
625 ILCS 5/18c-1205
(625 ILCS 5/18c-1205)
(from Ch. 95 1/2, par. 18c-1205)
Qualifications of Transportation Compliance Program Staff.
(1) General provisions. The manager of the Transportation Division shall
establish and adhere to written professional standards and procedures for
the employment, education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and procedures
(a) Merit standards and procedures, and education
requirements, applicable to State troopers, and training requirements at least equivalent to that received from a police training school approved by the Illinois Law Enforcement Training Standards Board, together with such additional qualifications as are needed under this Chapter, for all nonclerical field operations personnel;
(b) Successful completion of an accredited accounting
or transportation-related education program, or at least 4 years experience in motor carrier rate analysis or auditing, plus such additional qualifications as are needed under this Chapter, for all nonclerical rate auditing personnel; and
(c) Successful completion of an accredited legal or
paralegal education program, or equivalent administrative law experience, plus such additional qualifications as are needed under this Chapter, for all nonclerical civil penalties program personnel.
(2) Merit Selection Committee. Standards and procedures under this
Section for police shall include the establishment of one or more merit
selection committees, each composed of one Commission employee and no fewer
than 3, nor more than 5, persons who are not employed by the Commission, each
of whom shall from time to time be designated by the division manager,
subject to the approval of the Commission. The division manager shall
submit a list of candidates to the committee or subcommittee thereof for
its consideration. The committee or subcommittee thereof shall interview
each candidate on the list and rate those interviewed as "most qualified",
"qualified", or "not qualified". The committee shall recommend candidates
rated "most qualified" and "qualified" to the division manager. In filling
positions to which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all persons rated
"most qualified" have been offered the position and each failed to accept
the offer within the time specified by the division manager in the offer,
the position may be offered to a person rated "qualified". Only persons
rated "most qualified" or "qualified" shall be offered positions within the
(3) The Commission shall authorize to each employee of the Commission
exercising the powers of a peace officer a distinct badge that, on its face,
(i) clearly states the badge is authorized by the Commission and (ii) contains
unique identifying number. No other badge shall be authorized by the
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
625 ILCS 5/Ch 18C Sub 1 Art III
(625 ILCS 5/Ch 18C Sub 1 Art III heading)
625 ILCS 5/18c-1301
(625 ILCS 5/18c-1301)
(from Ch. 95 1/2, par. 18c-1301)
Employee Boards Generally.
The Commission may, except as
expressly provided in this Section,
delegate one or more of its functions under this Chapter to
Transportation Employee Boards. The Commission shall reserve to itself
the function of making transportation policy. The Board shall be
subject, in its deliberations, to all restraints which would
govern the Commission if such functions had not been delegated to
a Board, and to such other restraints as the Commission may by
regulation prescribe. All decisions delegated to an Employee
Board shall be appealable to the Commission.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1302
(625 ILCS 5/18c-1302)
(from Ch. 95 1/2, par. 18c-1302)
Members of Employee Boards.
of Members. Each board shall have 3 members. Members of
employee boards established under provisions of this Article
shall be appointed by the Commission. When any member is
unable to act upon any matter before a Board because of
absence, conflict, or other cause, and a qualified alternate
appointed by the Commission is available, such alternate
shall be called upon to serve on the Board. If no qualified
alternate is available, the Chairman of the Commission may
designate another qualified employee to serve temporarily
until a member appointed by the Commission is available to serve.
(2) Qualification of Members.
The Commission or its Chairman may, subject to limitations
set forth in this Section, appoint any manager, section
chief, examiner, attorney, or other qualified professional
employee to serve on an Employee Board, either as a regular
member or as an alternate member. No Employee Board member
shall participate in any decision in which such person has a
pecuniary or other direct interest. No 3 sitting
members of an Employee Board shall be employed in the same
division of the Commission.
(Source: P.A. 86-86-1166.)
625 ILCS 5/18c-1303
(625 ILCS 5/18c-1303)
(from Ch. 95 1/2, par. 18c-1303)
Conduct of Employee Board Proceedings.
A majority of an Employee Board shall constitute a quorum for the
transaction of business. Decisions on matters before an Employee
Board shall be by majority vote of members present. Any party
may appear before an Employee Board and be heard, in person or by
representative, to the extent such party would be permitted to
appear and be heard before the Commission itself. Each meeting
of an Employee Board shall be a public meeting. Every vote and
official act of an Employee Board shall be entered of record, and
such records shall be made public on request.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1304
(625 ILCS 5/18c-1304)
(from Ch. 95 1/2, par. 18c-1304)
Orders of Employee Boards.
Employee Board orders shall be served, in writing, on all parties
to the proceeding in which the order is entered. Such orders
shall contain, in addition to the decision of the Board, a
statement of findings, conclusions, or other reasons therefore.
Employee Board decisions and orders shall have the same force and
effect, and may be made, issued, and evidenced in the same
manner, as if the decision had been made and the order issued by the
Commission itself. The filing of a timely motion for
reconsideration shall, unless otherwise provided by the Commission, stay
the effect of an Employee Board order pending reconsideration.
(Source: P.A. 84-796.)
625 ILCS 5/Ch 18C Sub 1 Art IV
(625 ILCS 5/Ch 18C Sub 1 Art IV heading)
MODIFICATION OF STANDARDS
625 ILCS 5/18c-1401
(625 ILCS 5/18c-1401)
(from Ch. 95 1/2, par. 18c-1401)
Modification of Standards and Procedures in
Response to Preemptive Federal Legislation.
The Commission may, except with regard to licensing and
ratemaking standards for motor carriers of property or passengers, conform its
standards and procedures to the standards and procedures in a
valid, preemptive federal statute where the provisions of this Chapter are
in conflict with and would otherwise be preempted by such
statute, any other provision of this Chapter notwithstanding.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1402
(625 ILCS 5/18c-1402)
(from Ch. 95 1/2, par. 18c-1402)
The Commission may, by publishing interim rules in the official
state newspaper and simultaneously initiating rulemaking
proceedings in accordance with the Administrative Procedure Act:
(1) Modify its standards and procedures in accordance with
Section 18c-1401 of this Chapter; or
(2) Modify its procedures in accordance with this Chapter in response
to other circumstances impacting on the jurisdiction of the
Commission in the field of transportation which are not of
the Commission's own making but which necessitate adoption or
amendment of regulations prior to the completion of normal
rulemaking proceedings pursuant to the Illinois
Administrative Procedure Act. Nothing in this subsection shall be
construed to permit modification of licensing or ratemaking
standards for motor carriers of property or passengers.
Such interim rules shall remain in effect only until regulations
are adopted in accordance with the Administrative Procedure Act.
(Source: P.A. 84-796.)
625 ILCS 5/Ch 18C Sub 1 Art V
(625 ILCS 5/Ch 18C Sub 1 Art V heading)
FEES AND TAXES
625 ILCS 5/18c-1501
(625 ILCS 5/18c-1501)
(from Ch. 95 1/2, par. 18c-1501)
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for
each motor vehicle operated by a motor carrier of property in intrastate commerce, and $2 for each motor vehicle operated by a motor carrier of property in interstate commerce.
(b) Filing fees: $100 for each application seeking a
Commission license or other authority, the reinstatement of a cancelled license or authority, or authority to establish a rate, other than by special permission, excluding both released rate applications and rate filings which may be investigated or suspended but which require no prior authorization for filing; $25 for each released rate application and each application to register as an interstate carrier; $15 for each application seeking special permission in regard to rates; and $15 for each equipment lease.
(2) Adjustment of Fee
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(a) $50 for each motor vehicle operated by a
household goods carrier in intrastate commerce;
(a-5) $15 for each motor vehicle operated by a public
carrier in intrastate commerce; and
(b) $7 for each motor vehicle operated by a motor
carrier of property in interstate commerce.
(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The
Commission may prescribe fees for the late filing of proof of insurance, operating reports, franchise or franchise renewal fee applications, or other documents required to be filed on a periodic basis with the Commission.
(b) Late-filing Fees to Accrue Automatically.
Late-filing fees shall accrue automatically from the filing deadline set forth in Commission regulations, and all persons or entities required to make such filings shall be on notice of such deadlines.
(c) Maximum Fees. Late-filing fees prescribed by the
Commission shall not exceed $100 for an initial period, plus $10 for each day after the expiration of the initial period. The Commission may provide for waiver of all or part of late-filing fees accrued under this subsection on a showing of good cause.
(d) Effect of Failure to Make Timely Filings and Pay
Late-Filing Fees. Failure of a person to file proof of continuous insurance coverage or to make other periodic filings required under Commission regulations shall make licenses and registrations held by the person subject to revocation or suspension. The licenses or registrations cannot thereafter be returned to good standing until after payment of all late-filing fees accrued and not waived under this subsection.
(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise
and franchise renewal fees for motor carriers of property shall be due and payable on or before the 31st day of December of the calendar year preceding the calendar year for which the fees are owing, unless otherwise provided in Commission regulations.
(b) Filing and Other Fees. Filing and other fees
(including late-filing fees) shall be due and payable on the date of filing, or on such other date as is set forth in Commission regulations.
(5) When Fees Returnable.
(a) Whenever an application to the Illinois Commerce
Commission is accompanied by any fee as required by law and such application is refused or rejected, said fee shall be returned to said applicant.
(b) The Illinois Commerce Commission may reduce by
interlineation the amount of any personal check or corporate check or company check drawn on the account of and delivered by any person for payment of a fee required by the Illinois Commerce Commission.
(c) Any check altered pursuant to above shall be
endorsed by the Illinois Commerce Commission as follows: "This check is warranted to subsequent holders and to the drawee to be in the amount $
(d) All applications to the Illinois Commerce
Commission requiring fee payment upon reprinting shall contain the following authorization statement: "My signature authorizes the Illinois Commerce Commission to lower the amount of check if fee submitted exceeds correct amount."
(Source: P.A. 93-32, eff. 7-1-03.)
625 ILCS 5/18c-1502
(625 ILCS 5/18c-1502)
(from Ch. 95 1/2, par. 18c-1502)
Gross Receipts Taxes For Motor Carriers of
Passengers and Rail Carriers.
Each motor carrier of passengers and rail carrier shall pay to the Commission,
in accordance with
Sections 2-202, 3-120 and 3-121 of "The Public Utilities Act", as
amended, a gross receipts tax in the amount provided herein.
The amount of the tax for motor carriers of passengers shall be prescribed by
the Commission by rulemaking in
accordance with provisions of The Illinois Administrative Procedure Act,
and shall not exceed 0.1% of the carrier's gross Illinois intrastate
revenues for each calendar year.
The amount of the tax for rail carriers shall be 0.15% of the
gross Illinois intrastate revenues for each calendar year.
(Source: P.A. 89-42, eff. 1-1-96; 89-699, eff. 1-16-97.)
625 ILCS 5/18c-1502.05
(625 ILCS 5/18c-1502.05)
Route Mileage Fee for Rail Carriers.
calendar year 2004, every rail carrier shall pay to the Commission
calendar year a route mileage fee of $45 for each route mile of
of way owned by the rail carrier in Illinois. The fee shall be based on the
number of route miles as of January 1 of the year for which the fee is due, and
the payment of the route mileage fee shall be due by February 1 of each
(Source: P.A. 93-32, eff. 7-1-03.)
625 ILCS 5/18c-1502.10
(625 ILCS 5/18c-1502.10)
Railroad-Highway Grade Crossing and Grade Separation
Fee. Beginning with calendar year 2004, every rail carrier shall
pay to the Commission for each calendar year a fee of $28 for each
which the rail carrier's track crosses a public road, highway, or street,
whether the crossing be at grade, by overhead structure, or by subway. The fee
shall be based on the number of the crossings as of January 1 of each calendar
year, and the fee shall be due by February 1 of each calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
625 ILCS 5/18c-1503
(625 ILCS 5/18c-1503)
(from Ch. 95 1/2, par. 18c-1503)
It is the intent of the Legislature that the exercise of powers
under Sections 18c-1501 and 18c-1502 of this Chapter shall not
diminish revenues to the Commission, and that any surplus or
deficit of revenues in the Transportation Regulatory Fund,
together with any projected changes in the cost of administering
and enforcing this Chapter, should be considered in establishing or
adjusting fees and taxes in succeeding years. The Commission
shall administer fees and taxes under this Chapter in such a manner
as to insure that any surplus generated or accumulated in the
Transportation Regulatory Fund does not exceed 50% of the previous fiscal year's appropriation and
shall adjust the level of such fees and taxes to insure
compliance with this provision.
(Source: P.A. 95-1027, eff. 6-1-09
625 ILCS 5/18c-1504
(625 ILCS 5/18c-1504)
(from Ch. 95 1/2, par. 18c-1504)
The Commission may enter into agreements
with agencies in other
jurisdictions for the reciprocal waiver of motor carrier fees or taxes
administered by the Commission, and may revoke such agreements
where another jurisdiction does not extend reciprocal treatment
to carriers based in the State of Illinois. The Commission may,
in addition, and notwithstanding any other provision of this Chapter,
prescribe fees for carriers based in jurisdictions other than the
State of Illinois equal to fees charged to Illinois carriers by
such other jurisdictions.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1505
(625 ILCS 5/18c-1505)
(from Ch. 95 1/2, par. 18c-1505)
Proration of Fees.
The Commission may prorate fees and levies provided in this Chapter
throughout the calendar year.
(Source: P.A. 84-796.)
625 ILCS 5/Ch 18C Sub 1 Art VI
(625 ILCS 5/Ch 18C Sub 1 Art VI heading)
TRANSPORTATION REGULATORY FUND