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91_HB3351
LRB9110510DHsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18b-112.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 18b-112 as follows:
7 (625 ILCS 5/18b-112)
8 (This Section may contain text from a Public Act with a
9 delayed effective date)
10 Sec. 18b-112. Intermodal trailer, chassis, and container
11 safety.
12 (a) Definitions. For purposes of this Section:
13 "Department" means the Department of State Police.
14 "Equipment interchange agreement" means a written
15 document executed by the intermodal equipment provider and
16 operator at the time the equipment is interchanged by the
17 provider to the operator.
18 "Equipment owner" is the party that is responsible for
19 maintenance of the equipment through ownership, a lease, or
20 as the designated operator under a pooling agreement, whether
21 or not that party is an equipment provider.
22 "Equipment provider" is the party who tenders owner of an
23 intermodal trailer, chassis, or container for the purpose of
24 highway interchange from one party to another for subsequent
25 movement. This includes any forwarding company, water
26 carrier, steamship line, railroad, vehicle equipment leasing
27 company, and their subsidiary or affiliated companies owning
28 the equipment.
29 "Federal motor carrier safety regulations" means
30 regulations promulgated by the United States Department of
31 Transportation governing the condition and maintenance of
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1 commercial motor vehicles contained in Title 49 of the United
2 States Code of Federal Regulations on the day of enactment of
3 this Act or as amended or revised by the United States
4 Department of Transportation thereafter.
5 "Interchange" means the act of providing a vehicle to a
6 motor carrier by an equipment provider for the purpose of
7 transporting the vehicle for loading or unloading by another
8 party or the repositioning of the vehicle for the benefit of
9 the equipment provider. "Interchange" does not include the
10 leasing of the vehicle by a motor carrier from an
11 owner-operator pursuant to subpart B of Part 376 of Title 49
12 of the Code of Federal Regulations or the leasing of a
13 vehicle to a motor carrier for use in the motor carrier's
14 over-the-road freight hauling operations.
15 "Operator" means a motor carrier or driver of a
16 commercial motor vehicle.
17 "Vehicle" means an intermodal trailer, chassis, or
18 container.
19 "Defect" means any violation of the provisions of the
20 United States Department of Transportation Federal Motor
21 Carrier Safety Regulations (FMCSR).
22 (b) The owner of any vehicle shall not knowingly permit
23 the tender or the interchange of a vehicle for use on any
24 highway which is in violation of the requirements contained
25 in the United States Department of Transportation Federal
26 Motor Carrier Safety Regulations (FMCSR). When the equipment
27 provider has knowledge that a vehicle does not meet these
28 reuirements, the equipment provider shall not put that
29 vehicle into commerce until all necessary repairs have been
30 completed. Responsibility of equipment provider. An
31 equipment provider shall not interchange or offer for
32 interchange a vehicle with an operator for use on a highway
33 which vehicle is in violation of the requirements contained
34 in the federal motor carrier safety regulations. It is the
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1 responsibility of the equipment provider to inspect and, if a
2 vehicle at the time of inspection does not comply with all
3 federal motor carrier safety regulation requirements, perform
4 the necessary repairs on, all vehicles prior to interchange
5 or offering for interchange.
6 (c) Duty of inspection by the operator. Before
7 interchanging a vehicle with an operator, an equipment
8 provider must provide the operator the opportunity and
9 facilities to perform a visual inspection of the equipment.
10 The operator must determine if the vehicle it complies with
11 the provisions of the federal motor carrier safety regulation
12 capable of being determined from an inspection. If the
13 operator determines that the vehicle does not comply with the
14 provisions of the federal motor carrier safety regulations,
15 the owner equipment provider shall immediately perform the
16 necessary repairs to the vehicle so that it complies with the
17 federal motor carrier safety regulations or shall immediately
18 provide the operator with another vehicle if available.
19 (d) Presumption of defect prior to interchange.
20 (1) If as a result of a roadside inspection by the
21 Department any defects are identified within 2 hours
22 after interchange, then a rebuttable presumption exists
23 that the defects were present at the time of interchange
24 unless the defects should have been discovered by the
25 operator during the inspection required by subsection (c)
26 but were not then reported to the equipment provider, or
27 the defects are due to actions or omissions of the
28 operator after the vehicle was tendered. If as a result
29 of a roadside inspection by the Department, any of the
30 defects listed in paragraph (2) are discovered, a
31 rebuttable presumption existed at the time of the
32 interchange. If a summons or complaint is issued to the
33 operator, the operator may seek relief pursuant to
34 paragraph (3).
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1 (2) If a vehicle that is not owned by the motor
2 carrier is placed out of service as a result of a
3 roadside inspection conducted by the Department within 2
4 hours of interchange or prior to the next interchange,
5 whichever occurs first, then the owner of the vehicle
6 shall reimburse the operator for all fines, penalties,
7 expenses, and reasonable attorney fees incurred pursuant
8 to the out-of-service order, including all equipment
9 repair expenses necessary to bring the vehicle into
10 compliance with FMCSR, unless the fines, penalties, or
11 repair expenses are due to actions or omissions of the
12 operator in not discovering the defect during the
13 inspection required by subsection (c) or are due to
14 actions or omissions of the motor carrier after the
15 vehicle was tendered. Reimbursement must be made to the
16 motor carrier no later than 60 days from receipt of
17 notice from the motor carrier. A rebuttable presumption
18 exists that the following defects were present at the
19 time of the interchange:
20 (A) There is a defect with the brake drum
21 when:
22 (I) the drum cracks;
23 (II) the lining is loose or missing; or
24 (III) the lining is saturated with oil.
25 (B) There is a defect of inoperative brakes
26 when:
27 (I) there is no movement of any
28 components;
29 (II) there are missing, broken, or loose
30 components; or
31 (III) there are mismatched components.
32 (C) There is a defect with the air lines and
33 tubing when:
34 (I) there is a bulge and swelling;
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1 (II) there is an audible air leak; or
2 (III) there are air lines broken,
3 cracked, or crimped.
4 (D) There is a defect with the reservoir tank
5 when there is any separation of original attachment
6 points.
7 (E) There is a defect with the frames when:
8 (I) there is any cracked, loose, sagging,
9 or broken frame members which measure one and
10 one-half inch in web or one inch or longer in
11 bottom flange or any crack extending from web
12 radius into bottom flange; or
13 (II) there is any condition which causes
14 moving parts to come in contact with the frame.
15 (F) There is an electrical defect when wires
16 are chaffed.
17 (G) There is a defect with the wheel assembly
18 when:
19 (I) there is low or no oil;
20 (II) there is oil leakage on brake
21 components;
22 (III) there are lug nuts that are loose
23 or missing; or
24 (IV) the wheel bearings are not properly
25 maintained.
26 (H) There is a defect with the tires when:
27 (I) there is improper inflation;
28 (II) there is tire separation from the
29 casing; or
30 (III) there are exposed plys or belting
31 material.
32 (I) There is defect with rim cracks when:
33 (I) there is any circumferential crack,
34 except a manufactured crack; or
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1 (II) there is a lock or side ring
2 cracked, bent, broken, sprung, improperly
3 seated, or mismatched.
4 (J) There is a defect with the suspension
5 when:
6 (I) there are spring assembly leaves
7 broken, missing, or separated; or
8 (II) there are spring hanger, u-bolts, or
9 axle positioning components cracked, broken
10 loose, or missing.
11 (K) There is a defect with the chassis locking
12 pins when there is any twist lock or fitting for
13 securement that is sprung, broken, or improperly
14 latched.
15 (3) If an operator receives a citation for a
16 violation due to a defect in any equipment specified in
17 subsection (d)(2), the equipment provider shall reimburse
18 the operator for any:
19 (A) fines and costs, including court costs and
20 reasonable attorneys fees, incurred as a result of
21 the citation; and
22 (B) costs incurred by the operator to repair
23 the defects specified in the citation, including any
24 towing costs incurred.
25 The equipment provider shall reimburse the operator
26 within 30 days of the final court action. If the
27 equipment provider fails to reimburse the operator within
28 30 days, the operator has a civil cause of action against
29 the equipment provider.
30 (e) Fines and penalties. Any person violating the
31 provisions of this Section shall be fined no less than $50
32 and no more than $500 for each violation.
33 (f) Obligation of motor carrier. Nothing in this Act
34 Section is intended to eliminate the responsibility and
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1 obligation of a motor carrier and operator to inspect,
2 maintain, and operate vehicles in accordance with the federal
3 motor carrier safety regulations and applicable State and
4 local laws and regulations.
5 (g) This Act Section shall not be applied, construed, or
6 implemented in any manner inconsistent with, or in conflict
7 with, any provision of the federal motor carrier safety
8 regulations.
9 (Source: P.A. 91-662, eff. 7-1-00.)
10 Section 99. Effective date. This Act takes effect on
11 July 1, 2000.