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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 5/18c-4905

    (625 ILCS 5/18c-4905) (from Ch. 95 1/2, par. 18c-4905)
    Sec. 18c-4905. Self-insurance. The Commission may exempt a carrier from the requirement of Sections 18c-4901, 18c-4902, 18c-4903, and 18c-4904 of this Chapter if it determines that the carrier has the financial ability to pay for any and all damages the liability for which would otherwise be assumed by an insurance or surety company under the referenced sections. Each carrier so exempted shall file periodic reports, at such intervals as the Commission shall specify, showing its continuing ability to act as a self-insurer. The Commission may rescind an exemption on 10 days' notice if rescission appears necessary to protect the public. Upon the granting or rescission of a self-insured status of a carrier by the Commission, the Commission shall immediately notify, in writing, the Illinois Department of Transportation of the name, address, and other pertinent information required by the Department of Transportation concerning the status of the carrier.
(Source: P.A. 84-1246.)

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

 
    (625 ILCS 5/Ch. 18C Sub-ch. 5 heading)
SUB-CHAPTER 5. SPECIAL PROVISIONS APPLICABLE
TO TRANSPORTATION OF PROPERTY
OVER PUBLIC ROADS

625 ILCS 5/Ch 18C Sub 5 Art I

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

625 ILCS 5/18c-5101

    (625 ILCS 5/18c-5101) (from Ch. 95 1/2, par. 18c-5101)
    Sec. 18c-5101. Unlawful Activities. It shall be unlawful for any person:
    (1) To act as a broker without a license in good standing issued to it by the Commission;
    (2) To act as a broker in violation of any provision of this Chapter, Commission regulations and orders, or any other law of this state;
    (3) To act as a broker of any shipment which the person owns or in which the person has a beneficial interest;
    (4) To act as a broker of any shipment over which the person is able to exercise control because the person acting as a broker owns or controls the shipper, the shipper owns or controls the person acting as a broker, or there is a common ownership or control of the two;
    (5) Which is also a broker to act or represent itself as a shipper in dealing with a common or contract carrier of property by motor vehicle;
    (6) To act as a broker in connection with transportation by a person other than an authorized common or contract carrier of property by motor vehicle, unless the carrier does not require authorization to transport the shipment;
    (7) To act as a broker in connection with transportation at other than lawfully applicable rates for the motor carrier service;
    (8) To act as a broker in any name other than that which appears on its Commission license;
    (9) To act as a broker without fully disclosing its brokering status;
    (10) To provide transportation service with regard to freight for which it was the broker;
    (11) To receive any compensation for brokering services other than a fee assessed to the shipper or, alternatively, to the carrier, in addition to freight charges at lawfully applicable rates for the motor carrier service;
    (12) To advertise, offer, or give anything of value to a shipper, consignor, or consignee, other than inexpensive promotional items; or
    (13) Act as a broker of household goods.
(Source: P.A. 84-796.)

625 ILCS 5/18c-5102

    (625 ILCS 5/18c-5102) (from Ch. 95 1/2, par. 18c-5102)
    Sec. 18c-5102. Licensing of Brokers. (1) Procedures for Issuing Brokers' Licenses. The Provisions of Article II of Sub-chapter 4 of this Chapter which govern the form and manner of filing of applications for authority, notice to be given to the public, and hearing, shall likewise govern the issuance of a brokers' license.
    (2) Standards for Review of Brokers' License Applications. The Commission shall issue a license authorizing a person to act as a statewide broker of general commodities where:
    (a) The person has properly filed an application on forms prescribed by the Commission;
    (b) The person has remitted the filing fee prescribed by the Commission;
    (c) The person has filed proof of bond or insurance as required by Commission regulations; and
    (d) The Commission has determined that the person is fit, willing, and able to;
    (i) Act as a statewide broker of general commodities as authorized by the license; and
    (ii) Comply with provisions of this Chapter, Commission regulations and orders. Otherwise, the application shall be denied.
    (3) Suspension or Revocation of Brokers' Licenses. If at any time the Commission determines after notice and hearing that the holder of a broker's license is not fit, willing, or able to continue to act as a broker, the Commission may suspend or revoke the license.
(Source: P.A. 84-796.)

625 ILCS 5/18c-5103

    (625 ILCS 5/18c-5103) (from Ch. 95 1/2, par. 18c-5103)
    Sec. 18c-5103. The Fitness Standard. A person shall be rebuttably presumed unfit to act or to continue to act as a broker if:
    (1) The person has violated any provision of this Chapter, Commission regulations or orders, or any other law governing its activities as a broker;
    (2) The person has violated any fiduciary or other obligation with regard to transmittal of monies, bills, or other matters entrusted to it as broker; or
    (3) The person is applying for a broker's license and any other person the ownership, management, or control of which is or was in substantial identity with the applicant has committed an act of the type described in (1) or (2), above. The Commission may consider any relevant facts in determining whether a person is fit to act or to continue to act as a broker, or whether any presumption which arises under this Section has been rebutted.
(Source: P.A. 84-796.)

625 ILCS 5/18c-5104

    (625 ILCS 5/18c-5104) (from Ch. 95 1/2, par. 18c-5104)
    Sec. 18c-5104. Transfer of Brokers' Licenses. (1) Transfer of Brokers' Licenses Permitted. A broker's license may be transferred, with Commission approval, under the conditions specified in this Section and in accordance with such regulations as the Commission may prescribe.
    (2) Procedures for Transferring Brokers' Licenses. The provisions of Article III of the Sub-chapter 4 of this Chapter that define a transfer and which govern the form and manner of filing of applications for approval of the transfer of a motor carrier of property license, notice to be given to the public, and hearing, shall likewise govern the transfer of a broker's license.
    (3) Standards for Review of Transfer Applications. The Commission shall grant an application for authority to transfer a broker's license where:
    (a) The application was properly filed on forms prescribed by the Commission;
    (b) The person has remitted the filing fee prescribed by the Commission; and
    (c) The transferee is fit, willing, and able under the terms of Section 18c-5103 of this Chapter.
    Otherwise, the application shall be denied.
(Source: P.A. 84-796.)

625 ILCS 5/18c-5105

    (625 ILCS 5/18c-5105) (from Ch. 95 1/2, par. 18c-5105)
    Sec. 18c-5105. Bonds and Insurance. The Commission may prescribe for brokers such requirements regarding bonds, insurance, and the terms of coverage thereof, as the Commission determines are needed to protect carriers, shippers, consignors, and consignees of freight with respect to which brokering service is provided. Unless otherwise provided by the Commission, such requirements shall be the same as are applicable to property brokers under the Interstate Commerce Act and regulations adopted thereunder.
(Source: P.A. 84-796.)

625 ILCS 5/18c-5106

    (625 ILCS 5/18c-5106) (from Ch. 95 1/2, par. 18c-5106)
    Sec. 18c-5106. Records of Brokers. (1) Records to be Kept by Brokers. A broker shall keep a record of each transaction which shows:
    (a) The name, address, and license number of the motor carrier or carriers;
    (b) The name and address of the shipper, consignor, and consignee;
    (c) The Bill of Lading or freight bill number;
    (d) The amount of compensation received by the broker for brokering service, and the identity of the payor;
    (e) A description of any non-brokering service provided in connection with each shipment or other activity, the amount of compensation received for such non-brokering service, and the identity of the payor;
    (f) The amount of any freight charges collected by the broker, the date on which such charges were paid over to the carrier, and the amount of payment to the carrier; and
    (g) Any other information which the Commission may prescribe.
    (2) Maintenance of Records. Records required to be kept under this Section shall be maintained at an office within the State of Illinois, unless maintenance of an office outside the State of Illinois is expressly authorized by the Commission, and shall be maintained for a period of 3 years after the date on which the shipment was delivered.
    (3) Accounting. Each broker which engages in other business shall maintain accounts so that the brokering portion of its business or businesses is segregated from its other activities.
(Source: P.A. 84-796.)

625 ILCS 5/18c-5107

    (625 ILCS 5/18c-5107) (from Ch. 95 1/2, par. 18c-5107)
    Sec. 18c-5107. Brokers and Motor Carrier Applications. A Broker shall not have standing to support any application for motor carrier of property authority.
(Source: P.A. 84-796.)

625 ILCS 5/Ch 18C Sub 5 Art II

 
    (625 ILCS 5/Ch 18C Sub 5 Art II heading)
ARTICLE II. RESOLUTION OF HOUSEHOLD GOODS DISPUTES

625 ILCS 5/18c-5201

    (625 ILCS 5/18c-5201) (from Ch. 95 1/2, par. 18c-5201)
    Sec. 18c-5201. Application of Article. The provisions of this Article apply to the collect-on-delivery transportation of household goods for non-commercial use where:
    (1) The dispute relates to the propriety of charges for services rendered or loss of or damage to lading from the loading, unloading, or transportation thereof;
    (2) The movement to which the dispute relates was between points in the State of Illinois; or
    (3) Either the movement was made under authority issued by the Commission or the movement was such that it could have been lawfully made only under authority issued by the Commission.
(Source: P.A. 84-796.)

625 ILCS 5/18c-5202

    (625 ILCS 5/18c-5202) (from Ch. 95 1/2, par. 18c-5202)
    Sec. 18c-5202. Commission to prescribe dispute resolution procedures.
    (1) Within 180 days after the effective date of this amendatory Act of 1995, the Commission shall propose rules specifying the procedures by which disputes between carriers and shippers to which this Sub-chapter is applicable will be resolved. Upon adoption, the rules will be applicable to all household goods carriers.
    (2) Standards for dispute resolution procedures. The rules adopted by the Commission shall be calculated to provide for the objective, expeditious, and inexpensive resolution of household goods disputes, and shall include, without limitation, provisions dealing with: the location of any required hearings; required notifications; whether participation in a dispute resolution procedure is mandatory; and how the fees and costs of the procedures shall be distributed. To the extent authorized by Commission rules, procedures adopted under this Article may specify that dispute resolution services will be provided by the Commission, and in accordance with procedural rules adopted by the Commission.
    (3) Grounds for Resolution of Household Goods Disputes. A dispute under this Article shall be resolved adverse to the carrier if:
        (a) The carrier assessed a rate not contained in a
    
lawfully applicable tariff or tariffs for such services;
        (b) The carrier failed to fully apprise the shipper,
    
prior to execution of any contract or contract amendment covering the services, of the lawful rates and charges for such services;
        (c) Damages to lading occurred during the loading,
    
transportation, or unloading of the shipments, or rendition of any accessorial service by the carrier, its employees or agents, without regard to negligence or fault, and the shipper did not elect in writing to assume liability for all or part of such damages.
(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-5203

    (625 ILCS 5/18c-5203) (from Ch. 95 1/2, par. 18c-5203)
    Sec. 18c-5203. Award of Attorneys Fees.
    (1) Award to Complaining Shipper. In any court action to resolve a dispute within the scope of this Article, the court shall award reasonable attorney's fees to the complaining shipper if:
        (a) The shipper submitted a claim to the carrier
    
within 120 days after delivery of the shipment is completed;
        (b) The shipper prevailed in the court action; and
        (c) Either:
            (i) No certified private dispute resolution
        
procedure was available for use by the shipper at the time the court action was initiated; or
            (ii) (Blank).
            (iii) The court action was to enforce a timely
        
decision rendered under the dispute resolution procedures specified by the Commission under this amendatory Act of 1995.
    (2) Award to carrier. In any court action to resolve a dispute within the scope of this Article, the court may award reasonable attorney's fees to the carrier if the shipper brought the action in bad faith after submitting the dispute for resolution under the dispute resolution procedures specified by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)

625 ILCS 5/18c-5204

    (625 ILCS 5/18c-5204) (from Ch. 95 1/2, par. 18c-5204)
    Sec. 18c-5204. Investigation of Practices of Household Goods Carriers. The Commission may, on its own motion or on complaint, conduct an investigation to determine whether a household goods carrier has, with or without the license required under Sub-chapter 4 of this Chapter, engaged in a pattern or practice of underestimating freight charges for household goods shipments, or has otherwise violated provisions of this Chapter, Commission regulations or orders, and may invoke any or all sanctions provided for in Article VII of Sub-chapter 1 of this Chapter against the carrier if such a pattern or practice, or any other violation, is found to have occurred.
(Source: P.A. 90-89, eff. 1-1-98.)

625 ILCS 5/18c-5205

    (625 ILCS 5/18c-5205) (from Ch. 95 1/2, par. 18c-5205)
    Sec. 18c-5205. Applicability of Article. This Article applies to disputes arising from transactions which occur at least 180 days after the effective date of this amendatory Act of 1985.
(Source: P.A. 84-796.)

625 ILCS 5/Ch 18C Sub 5 Art III

 
    (625 ILCS 5/Ch 18C Sub 5 Art III heading)
ARTICLE III. NON-RELOCATION TOWING

625 ILCS 5/18c-5301

    (625 ILCS 5/18c-5301) (from Ch. 95 1/2, par. 18c-5301)
    Sec. 18c-5301. Application of Article. The provisions of this Article shall apply to non-relocation towing. Where the provisions of this Article conflict with any other provisions in this Chapter, the provisions of this Article shall govern.
(Source: P.A. 84-1311.)

625 ILCS 5/18c-5302

    (625 ILCS 5/18c-5302) (from Ch. 95 1/2, par. 18c-5302)
    Sec. 18c-5302. Commission to Adopt Special Rules.
    (1) General Provisions. The Commission shall, within 180 days after the effective date of this Article, have finally adopted special forms and regulations applicable to non-relocation towing. Such regulations shall encompass definitions of terms, licensing, ratemaking, record-keeping, insurance or surety coverage, fees, and such other provisions as are necessary to effectuate the purposes of this Article. Such regulations shall be consistent with the provisions of this Article and shall implement such provisions with regard to non-relocation towing in a manner which recognizes the special circumstances and conditions which pertain to non-relocation towing as distinguished from other forms of motor carriage of property.
    (2) Towing at Owner's Request. The Commission shall, within 60 days from July 1, 1988, adopt rules in accordance with Section 5-50 of the Illinois Administrative Procedure Act which implement the provisions of this Chapter dealing with the exemption of non-relocation towing at the request of the vehicle owner.
(Source: P.A. 88-45.)

625 ILCS 5/18c-5303

    (625 ILCS 5/18c-5303) (from Ch. 95 1/2, par. 18c-5303)
    Sec. 18c-5303. The Fitness Test. (1) Prima Facie Evidence of Applicant Fitness in Licensing Cases. Applicants for non-relocation towing licenses may establish a prima facie showing of fitness by the following evidence:
    (a) A summary statement of net worth;
    (b) A listing of applicant's drivers and any persons who assist or supervise drivers;
    (c) A description of equipment to be used in providing service under the license;
    (d) A statement that the applicant has not:
    (i) Been convicted, during the 2 years immediately preceding the filing of the application, of a felony involving theft of property, violence to persons, or criminal damage to property; or
    (ii) Been convicted, during the year immediately preceding the filing of the application, of safety violations on 3 or more occasions in which its vehicle or vehicles were taken out of service, or which otherwise show the applicant to be unfit;
    (e) A statement that the applicant does not and will not employ or lease any driver, or any person who will assist or supervise drivers, who has been convicted, during the applicable time frames, of the foregoing violations;
    (f) A statement that the applicant does not and will not employ or lease any driver who does not hold a valid classified driver's license to operate a tow truck;
    (g) A statement that the applicant is familiar with and will comply with the provisions of this Chapter, Commission regulations and orders; and
    (h) Proof of insurance in compliance with Commission regulations and orders.
    (2) Prima Facie Evidence of Licensee Fitness in Enforcement Cases. The respondent in a proceeding to consider whether to suspend or revoke a license authorizing non-relocation towing or to impose other sanctions on grounds of unfitness may establish a prima facie showing of fitness in the manner provided in subsection (1) of this Section.
    (3) Rebuttal of Prima Facie Showing of Fitness. A prima facie showing of applicant or licensee fitness may be rebutted by other evidence of record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)