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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.

VEHICLES
(625 ILCS 5/) Illinois Vehicle Code.

625 ILCS 5/Ch 18C Sub 2 Art II

 
    (625 ILCS 5/Ch 18C Sub 2 Art II heading)
ARTICLE II. JUDICIAL REVIEW PROCEEDINGS

625 ILCS 5/18c-2201

    (625 ILCS 5/18c-2201) (from Ch. 95 1/2, par. 18c-2201)
    Sec. 18c-2201. Availability of Judicial Review. (1) Standing to Seek Judicial Review. No person shall have standing to seek judicial review of a Commission action unless such person shall have an administratively cognizable interest in the order, be aggrieved by it, and have exhausted its administrative remedies. A person admitted as a party to an administrative proceeding shall be presumed to have an administratively cognizable interest in orders issued in the proceeding for purposes of standing to seek judicial review.
    (2) Exhaustion of Administrative Remedies. A person shall be deemed to have exhausted its administrative remedies only if:
    (a) The person participated as a party to the proceeding before the Commission, or filed a timely pleading seeking to participate as a party and was entitled as matter of right to participate as a party;
    (b) The person filed a timely motion for reconsideration or rehearing which was denied by the Commission or by operation of law, unless the Commission expressly waived the filing of such a motion; and
    (c) The action of which judicial review is sought is, in all respects, a final order of the Commission.
    (3) Deadline for Filing Petitions for Judicial Review. A petition for judicial review must be filed within 35 days after the order of the Commission becomes final.
    (4) Remedy Exclusive. Judicial review as provided for under this Article shall be exclusive of all other remedies at law or equity in regard to review of Commission actions, regulations or orders.
(Source: P.A. 84-796; 84-1025.)

625 ILCS 5/18c-2202

    (625 ILCS 5/18c-2202) (from Ch. 95 1/2, par. 18c-2202)
    Sec. 18c-2202. Scope of Judicial Review. (1) Issues on Review. The reviewing court shall be limited in its review to whether:
    (a) The Commission's order is against the manifest weight of evidence in the record before the Commission;
    (b) The order is contrary to provisions of this Chapter or Commission regulations;
    (c) The order is an abuse of discretion;
    (d) The order is beyond the jurisdiction of the Commission; or
    (e) The order denies constitutional rights of the person seeking judicial review.
    (2) Record on Review. In reviewing an order of the Commission, the court shall be limited to issues of fact or law presented to the Commission in either a motion for reconsideration or a motion for rehearing, and to:
    (a) Evidence in the record before the Commission;
    (b) Evidence offered but erroneously excluded by the Commission from the record; and
    (c) Evidence of procedural irregularities which could not, with reasonable diligence, have been offered, either at the administrative hearing or in the motion for reconsideration or rehearing.
(Source: P.A. 84-796.)

625 ILCS 5/18c-2203

    (625 ILCS 5/18c-2203) (from Ch. 95 1/2, par. 18c-2203)
    Sec. 18c-2203. Submission of the Administrative Record. It shall be the responsibility of the Commission to submit to the court certified copies of the record before the Commission. The record submitted must be complete in all respects unless all parties have, by written stipulation, agreed to deletion of materials not relevant to the issues raised in the petition for judicial review. The cost of preparing certified copies of the record may be assessed, in whole or in part, to the party seeking judicial review, and failure to pay such costs shall be grounds for dismissal in accordance with the Illinois Administrative Review Law.
(Source: P.A. 84-796.)

625 ILCS 5/18c-2204

    (625 ILCS 5/18c-2204) (from Ch. 95 1/2, par. 18c-2204)
    Sec. 18c-2204. Relief. The reviewing court may grant relief in accordance with provisions of the Illinois Administrative Review Law.
(Source: P.A. 84-796.)

625 ILCS 5/18c-2205

    (625 ILCS 5/18c-2205) (from Ch. 95 1/2, par. 18c-2205)
    Sec. 18c-2205. Stay of Action Pending Judicial Review. (1) Commission Orders Not Stayed by Filing of Appeal. The filing or pendency of a petition for judicial review shall not of itself stay, suspend, restrain or enjoin the operation of a rule, regulation, order or decision of the Commission.
    (2) Power of Court to Stay Commission Orders. During the pendency of a petition for judicial review the reviewing court in its discretion may, except as provided in this subsection, stay, suspend, restrain or enjoin, in whole or in part, the operation of a Commission regulation or order. No order staying, suspending, restraining or enjoining a Commission regulation or order shall be made by the court except upon 3 days' actual notice to the Commission and the Attorney General and after hearing. Where the Commission action relates to enforcement of this Chapter, the reviewing court shall not stay, suspend, restrain or enjoin the action of the Commission for a period longer than 180 days from the filing of the appeal; unless at the expiration of the initial 180 day period, the court finds that continuation is necessary for the informed and just resolution of the issues; and unless the court does continue the stay, suspension, restraint, or injunction in effect for one or more definite periods of time not to exceed 180 days each.
    (3) Bond Required. In case an action, regulation or order of the Commission is stayed, suspended, restrained, or enjoined, the order of the court shall not become effective until a bond shall first have been executed and filed with and approved by the court, except as otherwise provided in this paragraph. Where the order under review does not relate to enforcement of this law, the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84-796.)

625 ILCS 5/18c-2206

    (625 ILCS 5/18c-2206) (from Ch. 95 1/2, par. 18c-2206)
    Sec. 18c-2206. Application of the Illinois Administrative Review Law. Where this Article is silent, proceedings for judicial review of a Commission action, regulation or order shall be governed by provisions of the Administrative Review Law.
(Source: P.A. 84-796.)

625 ILCS 5/Ch 18C Sub 2 Art III

 
    (625 ILCS 5/Ch 18C Sub 2 Art III heading)
ARTICLE III. ADMINISTRATIVE AND JUDICIAL
ENFORCEMENT PROCEEDINGS

625 ILCS 5/18c-2301

    (625 ILCS 5/18c-2301) (from Ch. 95 1/2, par. 18c-2301)
    Sec. 18c-2301. Initiation of Proceedings. The Commission may initiate either administrative or judicial proceedings, or both, to enforce provisions of this Chapter, and Commission regulations and orders. In addition, any interested person may apply to a circuit court, which has jurisdiction and venue as set out in this Chapter, for injunctive relief to enforce provisions of Sub-Chapter 4 of this Chapter, and Commission regulations and orders issued pursuant to Sub-Chapter 4.
(Source: P.A. 84-796.)

625 ILCS 5/18c-2302

    (625 ILCS 5/18c-2302) (from Ch. 95 1/2, par. 18c-2302)
    Sec. 18c-2302. Governing Procedures. Administrative enforcement proceedings initiated hereunder shall be governed by the Commission's rules of practice. Judicial enforcement proceedings initiated hereunder shall be governed by the rules of procedure applicable in the courts of this State.
(Source: P.A. 84-796.)

625 ILCS 5/Ch 18C Sub 2 Art IV

 
    (625 ILCS 5/Ch 18C Sub 2 Art IV heading)
ARTICLE IV. VENUE AND JURISDICTION

625 ILCS 5/18c-2401

    (625 ILCS 5/18c-2401) (from Ch. 95 1/2, par. 18c-2401)
    Sec. 18c-2401. Venue and Jurisdiction in Actions for Judicial Review. (1) Venue. Actions for judicial review under this Chapter may be filed in the circuit courts of Sangamon or Cook Counties.
    (2) Jurisdiction. Jurisdiction in actions for judicial review under this Chapter shall be vested in the circuit courts of Sangamon and Cook Counties.
(Source: P.A. 84-796.)

625 ILCS 5/18c-2402

    (625 ILCS 5/18c-2402) (from Ch. 95 1/2, par. 18c-2402)
    Sec. 18c-2402. Venue and Jurisdiction in Actions to Enforce this Chapter.
    (a) Venue in Suits for Criminal Misdemeanor Penalties. Actions in which criminal misdemeanor penalties are sought may be brought in the county where any part of the subject matter is located, or part of the violation(s) occurred, or the arrest was made, and venue shall lie in that county; the case may be transferred to another county only with the approval of the court and the agreement of the parties.
    (b) Venue in Actions Other Than Suits for Criminal Penalties. Actions to enforce this Chapter, Commission regulations and orders, other than suits for criminal misdemeanor penalties, may be brought in the circuit courts of any county in which any part of the subject matter is located, or any part of the violation(s) occurred; the case may be transferred to another county only with the approval of the court and the agreement of the parties.
(Source: P.A. 91-357, eff. 7-29-99.)

625 ILCS 5/Ch. 18C Sub-ch. 3

 
    (625 ILCS 5/Ch. 18C Sub-ch. 3 heading)
SUB-CHAPTER 3. SUBSTANTIVE PROVISIONS
APPLICABLE TO MORE THAN ONE
TRANSPORTATION MODE

625 ILCS 5/Ch 18C Sub 3 Art I

 
    (625 ILCS 5/Ch 18C Sub 3 Art I heading)
ARTICLE I. LICENSING

625 ILCS 5/18c-3101

    (625 ILCS 5/18c-3101) (from Ch. 95 1/2, par. 18c-3101)
    Sec. 18c-3101. Terms, Conditions, and Limitations. The Commission may attach to the exercise of rights under any license or other authorization issued or granted by it such terms, conditions, and limitations as will protect the public interest and effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)

625 ILCS 5/18c-3102

    (625 ILCS 5/18c-3102) (from Ch. 95 1/2, par. 18c-3102)
    Sec. 18c-3102. Geographical Restrictions. A prima facie determination whether transportation is within the geographical scope of a license may be made by reference to a copy of the official state highway map and the distance scale shown thereon. Such a determination may be rebutted by a showing, based on a municipal ordinance; other official document; or commercially published map, chart or other competent evidence; that the geographical scope of the license is other than as represented on the official state highway map.
(Source: P.A. 84-796.)

625 ILCS 5/Ch 18C Sub 3 Art II

 
    (625 ILCS 5/Ch 18C Sub 3 Art II heading)
ARTICLE II. RATEMAKING

625 ILCS 5/18c-3201

    (625 ILCS 5/18c-3201) (from Ch. 95 1/2, par. 18c-3201)
    Sec. 18c-3201. Prohibition of transportation services in the absence of effective rates. No common carrier by pipeline, household goods carrier, rail carrier, or passenger carrier shall render service until such carrier has in effect a tariff or schedule of rates applicable to such service in compliance with this Chapter. Likewise, no such carrier shall render service under a license issued by the Commission if the Commission has suspended or cancelled the tariff or schedule of rates previously in effect and applicable to such service, or if the tariff or schedule is, by action of a party thereto or by its own terms, no longer effective.
(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-3202

    (625 ILCS 5/18c-3202) (from Ch. 95 1/2, par. 18c-3202)
    Sec. 18c-3202. Effective Dates of New or Amended Rates. The Commission shall prescribe the periods of notice which must elapse between the filing of a proposed rate and its proposed effective date. In no case shall the Commission prescribe a notice period greater than 30 days or the period established by a valid, preemptive federal statute.
(Source: P.A. 85-553.)

625 ILCS 5/18c-3203

    (625 ILCS 5/18c-3203) (from Ch. 95 1/2, par. 18c-3203)
    Sec. 18c-3203. Filing, publishing and posting of tariffs and schedules.
    (1) General requirement of filing, publication and posting. Each common carrier of household goods or passengers shall file, publish, and make available for public inspection its current tariffs (other than rail contract rate tariffs). Copies of such tariffs shall be provided by the carrier to any member of the public on request and at a reasonable cost. Each contract carrier of household goods shall file its current schedule of rates and provisions.
    (2) Tariff and schedule specifications. Tariffs and schedules filed in accordance with this subsection shall be in such form and contain such information as the Commission may specify. The Commission may, by special permission for good cause shown, grant permission to deviate from its tariff and schedule regulations.
    (3) Rejection of tariffs and schedules. The Commission may, at any time prior to the effective date of a tariff or schedule, reject or suspend a tariff or schedule which does not conform to its specifications or which on its face is in violation of this Chapter, Commission regulations or orders.
    (4) Right of independent action. Each carrier subject to this Chapter shall have the individual right to publish, file, and post any rate for transportation provided by such carrier or in connection with any other carrier. No carrier shall be a member of any bureau, tariff publishing agency, or other organization which, directly or indirectly, prohibits such carrier from publishing and filing any rate or which requires that such rate be published or filed by the bureau, publishing agency, or other organization.
(Source: P.A. 89-444, eff. 1-25-96; 90-655, eff. 7-30-98.)

625 ILCS 5/18c-3204

    (625 ILCS 5/18c-3204) (from Ch. 95 1/2, par. 18c-3204)
    Sec. 18c-3204. Rate Proceedings.
    (1) Initiation of proceedings. The Commission may initiate a proceeding to investigate or prescribe tariffs or schedules on its own motion or on complaint.
    (2) Suspension of tariffs and schedules.
        (a) Suspension of tariffs. The Commission may suspend
    
a tariff, in whole or in part, during the pendency of a proceeding to consider the reasonableness of the tariff, or to consider whether the tariff is discriminatory, or to consider whether the tariff otherwise violates provisions of this Chapter, Commission regulations or orders, provided the order of suspension is issued prior to the effective date of the tariff. The suspension shall remain in effect for the period allowed under this Chapter unless the Commission order provides for a shorter period of suspension. At the end of the statutory suspension period the suspension may be extended by agreement of the parties; otherwise, the tariff shall go into effect. The statutory suspension period is:
            (i) Seven months for public carriers and
        
household goods common carriers;
            (ii) One hundred and twenty days for motor
        
carriers of passengers; and
            (iii) Five months for rail carriers, unless the
        
period is extended for an additional 3 months in accordance with provisions of the Interstate Commerce Act.
        (b) Suspension of schedules. The Commission may
    
suspend a household goods contract carrier schedule, in whole or in part, during the pendency of a proceeding to consider whether the schedule violates provisions of this Chapter, Commission regulations or orders, provided the order of suspension is issued prior to the effective date of the schedule. The suspension shall remain in effect for 7 months unless the Commission order provides for a shorter period of suspension. At the end of this period, the suspension may be extended by agreement of the parties; otherwise, the schedule shall go into effect.
        (c) Burden of proof in investigation proceedings. The
    
burden of proof in an investigation proceeding shall be on the proponent of the rate unless otherwise provided in a valid preemptive federal statute which governs the rate.
    (3) Prescription of tariffs and schedules. The Commission may prescribe tariffs where it has determined, in accordance with Section 18c-2102 of this Chapter, that a tariff published by a carrier is unreasonable, discriminatory, or otherwise in violation of this Chapter, Commission regulations or orders. The Commission may prescribe schedules where it has determined, after hearing, that a schedule filed by a carrier is in violation of this Chapter, Commission regulations or orders.
    (4) Relief. The Commission may, where it finds a tariff or schedule to be in violation of this Chapter, its regulations or orders, or finds rates or provisions in a tariff unjust, unreasonable, or discriminatory, and in accordance with Section 18c-2102 of this Chapter, direct the carrier to:
        (a) Publish and file a supplement cancelling the
    
tariff or file notice of cancellation of the schedule, in whole or in part;
        (b) Publish and file a new tariff or file a new
    
schedule containing rates and provisions prescribed by the Commission; and
        (c) Repay any overcharges or collect any
    
undercharges, and, except with regard to household goods carriers, pay reparations.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff. 7-1-97.)

625 ILCS 5/18c-3205

    (625 ILCS 5/18c-3205) (from Ch. 95 1/2, par. 18c-3205)
    Sec. 18c-3205. Ratemaking Standards.
    (1) Reasonableness. Rates for household goods common carrier service must be just, reasonable, and not discriminatory.
    (2) Factors to be Considered. The Commission shall, in exercising its ratemaking powers consider, among other factors, the inherent advantages of transportation by a particular class of carriers, the public need for and interest in adequate and efficient transportation service, at rates consistent with provision of such service, and the revenue needs of carriers under honest, economical and efficient management.
    (3) Factors Not Considered. The Commission shall not, in exercising its ratemaking powers, consider the value of any operating authority held by a carrier, or the value of any goodwill or earning power connected with operations of the carrier.
(Source: P.A. 89-444, eff. 1-25-96.)