State of Illinois
91st General Assembly
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Public Act 91-0662

HB1676 Re-Enrolled                            LRB9102242KSsbA

    AN ACT to amend  the  Illinois  Vehicle  Code  by  adding
Section 18b-112.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
adding Section 18b-112 as follows:

    (625 ILCS 5/18b-112 new)
    Sec. 18b-112.  Intermodal trailer, chassis, and safety.
    (a)  Definitions.  For purposes of this Section:
    "Department" means the Department of State Police.
    "Equipment   interchange   agreement"   means  a  written
document executed by the intermodal  equipment  provider  and
operator  at  the  time  the equipment is interchanged by the
provider to the operator.
    "Equipment  provider"  is  the  owner  of  an  intermodal
trailer, chassis, or container. This includes any  forwarding
company,  water  carrier,  steamship  line, railroad, vehicle
equipment leasing company, and their subsidiary or affiliated
companies owning the equipment.
    "Federal  motor   carrier   safety   regulations"   means
regulations  promulgated  by  the United States Department of
Transportation governing the  condition  and  maintenance  of
commercial motor vehicles contained in Title 49 of the United
States Code of Federal Regulations on the day of enactment of
this  Act  or  as  amended  or  revised  by the United States
Department of Transportation thereafter.
    "Interchange" means the act of providing a vehicle  to  a
motor  carrier  by  an  equipment provider for the purpose of
transporting the vehicle for loading or unloading by  another
party  or the repositioning of the vehicle for the benefit of
the equipment provider. "Interchange" does  not  include  the
leasing   of   the   vehicle  by  a  motor  carrier  from  an
owner-operator pursuant to subpart B of Part 376 of Title  49
of  the  Code  of  Federal  Regulations  or  the leasing of a
vehicle to a motor carrier for use  in  the  motor  carrier's
over-the-road freight hauling operations.
    "Operator"   means   a  motor  carrier  or  driver  of  a
commercial motor vehicle.
    "Vehicle"  means  an  intermodal  trailer,  chassis,   or
container.
    (b)  Responsibility  of equipment provider.  An equipment
provider shall not interchange or  offer  for  interchange  a
vehicle  with  an operator for use on a highway which vehicle
is in violation of the requirements contained in the  federal
motor carrier safety regulations. It is the responsibility of
the  equipment  provider  to inspect and, if a vehicle at the
time of inspection does not comply  with  all  federal  motor
carrier safety regulation requirements, perform the necessary
repairs on, all vehicles prior to interchange or offering for
interchange.
    (c)  Duty   of   inspection   by   the  operator.  Before
interchanging  a  vehicle  with  an  operator,  an  equipment
provider  must  provide  the  operator  the  opportunity  and
facilities to perform a visual inspection of  the  equipment.
The   operator   must  determine  if  it  complies  with  the
provisions of the federal  motor  carrier  safety  regulation
capable  of  being  determined  from  an  inspection.  If the
operator determines that the vehicle does not comply with the
provisions of the federal motor carrier  safety  regulations,
the   equipment   provider   shall  immediately  perform  the
necessary repairs to the vehicle so that it complies with the
federal motor carrier safety regulations or shall immediately
provide the operator with another vehicle.
    (d)  Presumption of defect prior to interchange.
         (1)  If as a result of a roadside inspection by  the
    Department,  any  of  the defects listed in paragraph (2)
    are discovered, a rebuttable presumption existed  at  the
    time  of  the  interchange.  If a summons or complaint is
    issued to the operator,  the  operator  may  seek  relief
    pursuant to paragraph (3).
         (2)  A   rebuttable   presumption  exists  that  the
    following  defects  were  present  at  the  time  of  the
    interchange:
              (A)  There is a  defect  with  the  brake  drum
         when:
                   (I)  the drum cracks;
                   (II)  the lining is loose or missing; or
                   (III)  the lining is saturated with oil.
              (B)  There  is  a  defect of inoperative brakes
         when:
                   (I)  there   is   no   movement   of   any
              components;
                   (II)  there are missing, broken, or  loose
              components; or
                   (III)  there are mismatched components.
              (C)  There  is  a defect with the air lines and
         tubing when:
                   (I)  there is a bulge and swelling;
                   (II)  there is an audible air leak; or
                   (III)  there   are   air   lines   broken,
              cracked, or crimped.
              (D)  There is a defect with the reservoir  tank
         when  there is any separation of original attachment
         points.
              (E)  There is a defect with the frames when:
                   (I)  there is any cracked, loose, sagging,
              or broken frame members which measure  one  and
              one-half  inch  in web or one inch or longer in
              bottom flange or any crack extending  from  web
              radius into bottom flange; or
                   (II)  there  is any condition which causes
              moving parts to come in contact with the frame.
              (F)  There is an electrical defect  when  wires
         are chaffed.
              (G)  There  is a defect with the wheel assembly
         when:
                   (I)  there is low or no oil;
                   (II)  there  is  oil  leakage   on   brake
              components;
                   (III)  there  are  lug nuts that are loose
              or missing; or
                   (IV)  the wheel bearings are not  properly
              maintained.
              (H)  There is a defect with the tires when:
                   (I)  there is improper inflation;
                   (II)  there  is  tire  separation from the
              casing; or
                   (III)  there are exposed plys  or  belting
              material.
              (I)  There is defect with rim cracks when:
                   (I)  there  is  any circumferential crack,
              except a manufactured crack; or
                   (II)  there  is  a  lock  or   side   ring
              cracked,   bent,   broken,  sprung,  improperly
              seated, or mismatched.
              (J)  There is  a  defect  with  the  suspension
         when:
                   (I)  there   are  spring  assembly  leaves
              broken, missing, or separated; or
                   (II)  there are spring hanger, u-bolts, or
              axle  positioning  components  cracked,  broken
              loose, or missing.
              (K)  There is a defect with the chassis locking
         pins when there is any twist  lock  or  fitting  for
         securement  that  is  sprung,  broken, or improperly
         latched.
         (3)  If  an  operator  receives  a  citation  for  a
    violation due to a defect in any equipment  specified  in
    subsection (d)(2), the equipment provider shall reimburse
    the operator for any:
              (A)  fines and costs, including court costs and
         reasonable  attorneys  fees, incurred as a result of
         the citation; and
              (B)  costs incurred by the operator  to  repair
         the defects specified in the citation, including any
         towing costs incurred.
         The  equipment provider shall reimburse the operator
    within 30  days  of  the  final  court  action.   If  the
    equipment provider fails to reimburse the operator within
    30 days, the operator has a civil cause of action against
    the equipment provider.
    (e)  Fines  and  penalties.   Any  person  violating  the
provisions  of  this  Section shall be fined no less than $50
and no more than $500 for each violation.
    (f)  Obligation of motor carrier. Nothing in this Section
is intended to eliminate the responsibility and obligation of
a motor carrier and operator to maintain and operate vehicles
in  accordance  with  the  federal   motor   carrier   safety
regulations   and   applicable   State  and  local  laws  and
regulations.
    (g)  This Section shall not  be  applied,  construed,  or
implemented  in  any manner inconsistent with, or in conflict
with, any provision  of  the  federal  motor  carrier  safety
regulations.

    Section  99.  Effective  date.   This Act takes effect on
July 1, 2000.

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