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VEHICLES625 ILCS 5/Ch. 18C Sub-ch. 1
(625 ILCS 5/) Illinois Vehicle Code.
(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
625 ILCS 5/18c-1601
(625 ILCS 5/18c-1601)
(from Ch. 95 1/2, par. 18c-1601)
Deposit of Monies into the Transportation Regulatory
(1) Deposit of Fees, Taxes, and Monies Other Than Criminal Fines.
All fees, penalties (other than criminal penalties) or monies
collected in settlement of enforcement proceedings, taxes,
and other monies collected under this Chapter or which are transferred,
appropriated or reimbursed to the Commission for the purpose of
administering and enforcing this Chapter, shall be promptly
paid into a special fund in the State treasury known as the Transportation
(2) Accounting for Monies Received. The Commission shall account
separately for the receipt of monies from the following classes:
(a) motor carriers of property (other than carriers
engaged in nonrelocation towing);
(b) rail carriers; and
(c) other monies.
The Commission may account separately with regard
to groups of persons within the foregoing classes.
(3) Deposit of criminal fines. Criminal fines collected under this
Chapter from motor carriers of property or persons or entities found to
have aided or abetted motor carriers of property or passengers in violation
of this Chapter shall be disposed of in accordance with Section 16-105 of
this Code. Other criminal fines collected under this Chapter shall be
deposited into the Transportation Regulatory Fund in accordance with
subsection (1) of this Section.
(Source: P.A. 90-372, eff. 7-1-98.)
625 ILCS 5/18c-1602
(625 ILCS 5/18c-1602)
(from Ch. 95 1/2, par. 18c-1602)
Appropriations from the Transportation Regulatory Fund.
(1) Appropriation of Monies. Appropriations from the Transportation
Regulatory Fund shall be separately identified both in the Commission's
appropriations request and the Act by which appropriations from the Fund are made.
(2) Authorization of Staff Positions. Authorized staff positions to be
funded with monies appropriated from the Transportation Regulatory Fund
shall be separately identified in the Commission's appropriations request.
(3) Appropriations and Authorizations Not Transferable. Appropriations
from the Transportation Regulatory Fund shall be used only for the
administration and enforcement of this Chapter and Chapter 18a. Such
appropriations and authorized headcount may be transferred within the
Transportation Regulatory Fund, but may not be transferred to any other fund.
(Source: P.A. 85-553.)
625 ILCS 5/18c-1603
(625 ILCS 5/18c-1603)
(from Ch. 95 1/2, par. 18c-1603)
Expenditures from the Transportation Regulatory Fund.
(1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund.
(a) Expenses Allocated Entirely to the Transportation
Regulatory Fund. All expenses of the Transportation Division shall be allocated to the Transportation Regulatory Fund, provided that they were:
(i) Incurred by and for staff employed within the
Transportation Division and accountable, directly or through a program director or staff supervisor, to the Transportation Division manager;
(ii) Incurred exclusively in the administration
and enforcement of this Chapter and Chapter 18a; and
(iii) Authorized by the Transportation Division
(b) Expenses Partially Allocated to the
Transportation Regulatory Fund. A portion of expenses for the following persons and activities may be allocated to the Transportation Regulatory Fund:
(i) The Executive Director, his deputies and
personal assistants, and their clerical support;
(ii) The legislative liaison activities of the
Office of Legislative Affairs, its constituent elements and successors;
(iii) The activities of the Bureau of Planning
and Operations on the effective date of this amendatory Act of the 94th General Assembly, exclusive of the Chief Clerk's office;
(iv) The payroll expenses of Commissioners'
(v) The internal auditor;
(vi) The in-state travel expenses of the
Commissioners to and from the offices of the Commission; and
(vii) The Public Affairs Group, its constituent
elements, and its successors.
(c) Allocation Methodology for Expenses Other Than
Commissioners' Assistants. The portion of total expenses (other than commissioners' assistants' expenses) allocated to the Transportation Regulatory Fund under paragraph (b) of this subsection shall be the portion of staff time spent exclusively on administration and enforcement of this Chapter and Chapter 18a, as shown by a time study updated at least once each 6 months.
(e) Allocation methodology for Commissioners'
Assistants Expenses. Five percent of the payroll expenses of commissioners' assistants may be allocated to the Transportation Regulatory Fund.
(f) Expenses not allocable to the Transportation
Regulatory Fund. No expenses shall be allocated to or paid from the Transportation Regulatory Fund except as expressly authorized in paragraphs (a) through (e) of this subsection. In particular, no expenses shall be allocated to the Fund which were incurred by or in relation to the following persons and activities:
(i) Commissioners' travel, except as otherwise
provided in paragraphs (b) and (c) of this subsection;
(ii) Commissioners' assistants except as
otherwise provided in paragraphs (b) and (e) of this subsection;
(iii) The Policy Analysis and Research Division,
its constituent elements and successors;
(iv) The Chief Clerk's office, its constituent
(v) The Hearing Examiners Division, its
constituent elements and successors, and any hearing examiners or hearings conducted, in whole or in part, outside the Transportation Division;
(vii) The Office of General Counsel, its
constituent elements and successors, including but not limited to the Office of Public Utility Counsel and any legal staff in the office of the executive director, but not including the personal assistant serving as staff counsel to the executive director as provided in Section 18c-1204(2) and the Office of Transportation Counsel; and
(viii) Any other expenses or portion thereof not
expressly authorized in this subsection to be allocated to the Fund.
The constituent elements of the foregoing shall, for
purposes of this Section be their constituent elements on the effective date of this amendatory Act of 1987.
(Source: P.A. 96-515, eff. 1-1-10.)
625 ILCS 5/18c-1604
(625 ILCS 5/18c-1604)
(from Ch. 95 1/2, par. 18c-1604)
Annual Report of Expenditures.
The Commission shall,
within 60 calendar days after the end of the lapse period for each fiscal year, submit to the
Governor and the General Assembly a report of the following for such fiscal
(1) All monies deposited in the Transportation
Regulatory Fund, showing the total and subtotals by class as defined in subsection (2) of Section 18c-1601 of this Chapter;
(2) All expenditures from the Transportation
Regulatory Fund, showing the total and the sub-totals by class as defined in subsection (2) of Section 18c-1601 of this Chapter;
(3) A listing and description by function of all
staff positions actually funded, in whole or in part, at any time during the fiscal year, from the Transportation Regulatory Fund; and
(4) The methods used to allocate expenses between the
Transportation Regulatory Fund and other funds, and between classes within the Transportation Regulatory Fund.
(Source: P.A. 94-839, eff. 6-6-06.)
625 ILCS 5/Ch 18C Sub 1 Art VII
(625 ILCS 5/Ch 18C Sub 1 Art VII heading)
VIOLATIONS OF THE LAW
625 ILCS 5/18c-1701
(625 ILCS 5/18c-1701)
(from Ch. 95 1/2, par. 18c-1701)
Each person who fails to comply, in whole or in part, with any
provision of this Chapter, Commission regulations or orders shall
have committed a violation of this Chapter. Likewise, any person who
aids or abets another in such failure to comply shall have
committed a violation of this Chapter.
The agent of a carrier shall not be found to have aided or abetted in
violation of this Chapter where the act of the agent was required by this
Chapter, Commission regulations or orders.
The act or omission of any
officer, employee, or agent within the scope of such person's office,
employment or agency shall be deemed the act or omission of the
business entity; such entity shall be named as the party
defendant or respondent and the officer, employee, or agent shall
not be held liable. Failure to comply with more than one
provision of this Chapter or regulations or orders hereunder shall
constitute multiple violations. Each day's continuance of a violation
shall constitute a separate violation.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1702
(625 ILCS 5/18c-1702)
(from Ch. 95 1/2, par. 18c-1702)
Responsibility for Enforcement.
It shall be the duty of the Commission and of the State Police
and the Secretary of State to conduct investigations, make
arrests, and take any other action necessary for the enforcement
of this Chapter.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1703
(625 ILCS 5/18c-1703)
(from Ch. 95 1/2, par. 18c-1703)
Investigations and Arrests.
(1) Enforcement Officers and Investigators.
Enforcement officers and investigators appointed by the
Commission shall have, and may exercise throughout the state,
all the powers of police officers when enforcing provisions
of this Chapter, subject to the regulations and orders of the
(a) General Provisions.
The Commission, through its employees, shall conduct
such investigations as are necessary for the enforcement
of this Chapter.
(b) Examination, Audit and Production of Records.
Authorized employees of the Commission shall have the
power at any and all times to examine, audit, or demand
production of all accounts, books, records, memoranda,
and other papers in the possession or control of a
license or registration holder, its employees or agents.
In addition, every person other than a license or
registration holder and every officer, employee or agent
of such person shall permit every authorized employee of
the Commission, upon administrative subpoena issued by
the Chairman or his designee or the Attorney General, to
inspect and copy any accounts, books, records,
memoranda, letters, checks, vouchers, telegrams,
documents, or other papers in its possession or control
which the Commission deems necessary to the proper
conduct of an investigation to determine whether
provisions of this Chapter, Commission regulations or
orders, have been violated.
(c) Inspection of Equipment and Facilities.
Authorized employees of the Commission shall have the
power at all times to inspect the equipment, facilities,
and other property of the licensee in the possession or control of a
carrier or broker, its employees or agents.
(d) Special Investigations.
The Commission may also conduct special investigations as necessary for the
enforcement of this Chapter. Where such person is found by
the Commission to have violated this Chapter, and where the Commission
imposes a sanction for such violation under Section 18c-1704 of this
Chapter, the Commission
may impose on such person an assessment of reasonable
expenses incurred by the Commission in the
investigation and subsequent proceeding. Such assessment shall not exceed a fee of
$100 per work day or $50
per half work day, per employee, for the payroll costs of the
Commission staff, plus actual transportation (in accordance with
applicable state employee travel expense reimbursement regulations) and
all other actual
expenses incurred in the special investigation and subsequent proceeding.
(3) Arrests and Citations.
The Commission shall make arrests and issue notices of civil
violations where necessary for the enforcement of this Chapter.
No rail carrier employee shall be arrested for violation of
this Chapter. No person operating a motor vehicle in violation
of the licensing or safety provisions of this Chapter shall be
permitted to transport property or passengers beyond the
point of arrest unless, in the opinion of the officer making
the arrest, it is necessary to transport the property or
passengers to another location to insure their safety or to
preserve or tend cargo carried in the vehicle.
(Source: P.A. 85-553.)
625 ILCS 5/18c-1704
(625 ILCS 5/18c-1704)
(from Ch. 95 1/2, par. 18c-1704)
Each violation of this Chapter shall subject
the violator to the following sanctions, except as otherwise provided
elsewhere in this Chapter. Sanctions provided for in this Section may be
imposed by the Commission only in compliance with the notice and hearing
requirements of Section 18c-2102 of this Chapter.
(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall
constitute a Class C misdemeanor.
(2) Civil Penalties. The Commission may assess, against any person found
by it to have violated this Chapter, a civil penalty not greater than
$1,000 nor less than $100 per violation. The penalty assessed by the
Commission shall reflect the number and severity of violations found to
have been committed. Penalties assessed by the Commission shall be
enforced by any court having venue in enforcement cases under this Chapter.
(3) Cease and Desist Orders. The Commission may, where
a person is found after hearing to have violated this Chapter, Commission
regulations or orders, and justice requires, order the person to cease and
desist from further or from any future violations. A cease and desist order
may be entered on the Commission's own motion or by agreement between the
parties. Orders and agreements under this Section shall be valid and
enforceable for the period stated therein, not to exceed 2 years from the
date the order or agreement is approved by the Commission, unless the
parties stipulate otherwise. Such orders and agreements shall be
enforceable in any court of this State having venue and jurisdiction in
enforcement actions under this Chapter. Failure to comply with a
Commission cease and desist order shall constitute a violation of this
Chapter separate and apart from any underlying violations.
(4) Stipulated Settlements.
(a) General Provisions. The Commission may accept a
reasonable monetary settlement, suspension or revocation of a license or registration, or any other reasonable terms stipulated between the respondent and staff, with or without a finding of violations.
(b) Presumption of Reasonableness. Such stipulations
shall be presumed reasonable. Unless the terms of a stipulation exceed such parameters as the Commission may establish, this presumption is rebuttable only by evidence of record at hearing.
(c) Parameters. Parameters for settlement shall be
based on type of violation; severity, as measured by revenues from unlawful activities; and number of violations. Minimum settlement amounts may be established.
(d) Orders. Orders suspending proposed settlements
shall cite reasons for suspension which are specific to the case. Orders rejecting proposed settlements shall recite the grounds on which the settlements are found to be unreasonable and describe the evidence which supports such findings.
(5) Injunctive Relief. Any court with jurisdiction and venue for
purposes of enforcing this Chapter shall have the power to enjoin any person
from committing violations of this Chapter. Suit for penalties shall not
be a prerequisite to injunctive relief. No bond shall be required when
injunctive relief is granted at the request of the Commission.
(6) Suspension or Revocation of Licenses and Registrations.
(a) Availability of Suspension and Revocation as
Sanctions. Violation of this Chapter by a motor carrier of property or passengers shall, in addition to other sanctions provided herein, subject the violator to suspension or revocation of any or all Commission licenses and registrations. The Commission may impose the sanctions of suspension and revocation. Where the violation is failure of a motor carrier of property or passengers to have in effect and file proof of continuous insurance coverage in accordance with this Chapter, Commission regulations and orders, the license or registration or both may be suspended by telephonic or telegraphic directive, confirmed by certified or registered mail or personal service, pending final disposition of revocation proceedings.
(b) Suspension Pending Adjudication. Where the
violation is failure of a motor carrier of property to pay a franchise or franchise renewal fee, the license or registration or both may be suspended by certified or registered mail or personally served directive, pending final disposition of revocation proceedings.
(c) Special Revocation Procedures.
(i) Notice. The Commission shall serve notice
upon all persons who have failed to pay a franchise tax, license fee, or penalty required under the Business Corporation Act of 1983, or who have failed to comply with this Chapter, Commission regulations and orders, regarding the filing of proof of continuous insurance or bond coverage, the payment of periodic fees, the filing of periodic reports, the payment of civil penalties, or the filing of rates to the full extent of a carrier's authority. The notice shall advise such person of the apparent violations and state that, unless the Commission receives a written request for hearing or extension of time within 30 days from the date the notice is served, the person's license or registration will be revoked by operation of law without further action by the Commission.
(ii) Extensions of Time. The Commission may grant
one extension of time not exceeding 60 days where the extension will not endanger the public.
(iii) Request for Hearing. If a timely written
request for hearing is received, no further action shall be taken until the requirements of Section 18c-2102 of this Chapter have been satisfied.
(iv) Revocation by Operation of Law. If, at the
expiration of the applicable time period, the person has not complied with the pertinent requirements, and a written request for hearing has not been received, the person will be deemed to have waived hearing and the license or registration shall be revoked by operation of law without further action by the Commission as if the Commission has served an order on the date following expiration revoking the license or registration.
(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
625 ILCS 5/18c-1705
(625 ILCS 5/18c-1705)
(from Ch. 95 1/2, par. 18c-1705)
Expedited Enforcement Procedures.
Commission shall, within 60 days from the effective date of this amendatory Act
of 1987, implement expedited administrative enforcement procedures.
(a) Initiation of Administrative Enforcement Proceedings. The
Transportation Division Manager or his designee shall have the power to
issue, or refuse to issue, a notice or citation instituting an
administrative enforcement proceeding.
(b) Settlement of Enforcement Proceedings by Stipulation.
(i) Power to Negotiate Settlements. The
Transportation Division Manager or his designee shall have the power to negotiate and sign proposed settlements of enforcement proceedings by written stipulation.
(ii) Review and Acceptance of Stipulations. The
Commission shall provide for any appropriate and necessary review of proposed settlements within 30 days after a stipulation is signed by the parties. Unless a stipulation is suspended for review by order of the Commission served within 30 calendar days after it was signed by the parties, it shall be deemed accepted by operation of law. A stipulation which has been suspended for review shall likewise be deemed accepted by operation of law unless it is rejected by order of the Commission served within 45 days after it was suspended. A stipulation which is deemed accepted under this sub-paragraph shall become effective and shall be enforceable in the same manner as an order of the Commission.
(iii) Administrative Appeal of Settlements.
Administrative appeal of a stipulation which has been approved by order of the Commission or by operation of law shall be by motion for rehearing or reconsideration in accordance with Section 18c-2110 of this Chapter. The right to administratively appeal a settlement may be waived by written stipulation.
(Source: P.A. 91-357, eff. 7-29-99.)
625 ILCS 5/Ch 18C Sb 1 Art VIII
(625 ILCS 5/Ch 18C Sb 1 Art VIII heading)
SERVICE OF NOTICES,
ORDERS AND PROCESS
625 ILCS 5/18c-1801
(625 ILCS 5/18c-1801)
(from Ch. 95 1/2, par. 18c-1801)
Persons Who May be Served.
It shall be the responsibility of each person subject to the
licensing or ratemaking provisions of this Chapter to keep on file
with the Commission the name of a person upon whom notices,
orders, or process in administrative or judicial proceedings
under this Chapter may be served, together with a current address
within the State of Illinois at which such person may be served.
The Commission shall maintain a file of such "agents for service
of process." Service of any Commission notice, order, or process
on the agent for service of process at the address shown in the
file shall be conclusively presumed to be service on the carrier,
broker, or other person. If a person fails to make the filing
required herein, the person may be served at the most current
address in other records of the Commission, or at the address on
file with the Secretary of State for service of process, and the
same conclusive presumption shall apply.
(Source: P.A. 84-796.)
625 ILCS 5/18c-1802
(625 ILCS 5/18c-1802)
(from Ch. 95 1/2, par. 18c-1802)
Time of Service.
Notices, orders, process and other correspondence of the
Commission shall be deemed served at the time they are deposited in the
United States mail or delivered to a commercial delivery service or
delivered in person by an employee or agent of the Commission.
Notices, orders, process and other correspondence shall be deemed
served on the Commission at the time of receipt.
(Source: P.A. 84-796.)