TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.10 LICENSES CONDITIONED UPON COMPLIANCE WITH INSURANCE REQUIREMENTS
Section 1425.10 Licenses
Conditioned Upon Compliance With Insurance Requirements
A license or registration issued
by the Illinois Commerce Commission ("Commission") to a motor carrier
of property has force and effect only while the carrier is in compliance with
requirements for the filing of proof of insurance or bond coverage.
(Source: Amended at 18 Ill. Reg. 11162, effective July 1, 1994)
 | TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.20 PROOF OF INSURANCE OR BOND COVERAGE
Section 1425.20 Proof of
Insurance or Bond Coverage
a) The Illinois Commerce Commission incorporates by reference 49
CFR 1023.51 through 1023.65, 1023.71, 1023.72, and 1023.81 as of December 1,
1986, as its regulations governing the filing of proof of insurance or bond
coverage of cancellation, except as otherwise provided in this Part.
b) The filing of such proof shall constitute acceptance of the
minimum terms required by this Part or by statute and shall bind the insurance
company thereto.
c) Such coverage shall remain in effect until a cancellation form
is filed with the Commission or the coverage is cancelled by the filing of a
subsequent form E or H certificate of insurance.
d) Regulated interstate motor carriers of property which use
Illinois as their registration state shall file a copy of public liability and
property damage insurance or bond coverage that is filed with the Interstate
Commerce Commission in accordance with the provisions of Section 11506 of the
Interstate Commerce Act (49 USC 11506).
e) No incorporation in this Section contains any later amendments
or editions.
f) For Illinois domiciled carriers, and for Illinois licensed
intrastate carriers, regardless of domicile, such coverage shall be executed by
an admitted insurance company authorized under the laws of the State of
Illinois to deliver commercial automobile insurance contracts within the State.
(Source: Amended at 18 Ill. Reg. 11162, effective July 1, 1994)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.30 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Section 1425.30 Public
Liability and Property Damage Coverage
The minimum amounts of public
liability and property damage insurance coverage required of all motor carriers
of property shall be the amounts required by 49 CFR 1043.2, November 13, 1990,
"Security for the protection of the public: Minimum limits".
(Source: Amended at 18 Ill. Reg. 11162, effective July 1, 1994)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.40 CARGO DAMAGE COVERAGE
Section 1425.40 Cargo Damage
Coverage
a) The minimum amounts of cargo damage coverage required of all
motor common carriers of property shall be as required by the provisions of 49
CFR 1043.2(c), November 13, 1990, except as specified in subsection (b) below.
b) The minimum amounts of cargo damage coverage required of
intrastate motor common carriers of property transporting unprocessed
agricultural commodities and ordinary livestock shall be $5,000 liability for
the unprocessed agricultural commodities, milk in bulk, commodities in
dump-type vehicles, or ordinary livestock carried on each vehicle at any one
time.
c) Waiver of Requirement. An intrastate motor common carrier of
property may be excused from the requirement of filing proof of cargo insurance
if:
1) The carrier has filed with the Commission a completed copy of
the Commission's Cargo Insurance Waiver Affidavit form stating that the carrier
will not, at any time, carry in any vehicle cargo with a value exceeding
$5,000, and the carrier does not, at any time, carry cargo in any vehicle with
a value exceeding $5,000; and
2) The carrier advises each shipper in writing, prior to
rendition of the service, that it does not carry the minimum level of cargo
insurance. The burden of proving compliance with this latter requirement shall
be on the carrier.
(Source: Amended at 18 Ill. Reg. 11162, effective July 1, 1994)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.50 COLLECT ON DELIVERY ("C.O.D.") BOND COVERAGE
Section 1425.50 Collect On
Delivery ("C.O.D.") Bond Coverage
a) The minimum amount of C.O.D. insurance or bond coverage
required of a motor common carrier of property for each shipper or consignee
for failure of the carrier to remit payment of C.O.D. monies is $10,000.
b) Waiver of requirement. An intrastate motor common carrier of
property may be excused from the requirement of filing proof of C.O.D.
insurance or bond coverage if:
1) The carrier has filed with the Commission a completed copy of
the Commission's C.O.D. Bond Waiver Affidavit form stating that the carrier
will not, at any time, accept a C.O.D. shipment, and the carrier does not, at
any time, accept a C.O.D. shipment; and
2) The carrier advises each shipper in writing, prior to
rendition of the service, that it does not accept C.O.D. shipments. The burden
of proving compliance with this latter requirement shall be on the carrier.
SUBPART B: SELF-INSURANCE
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.110 EFFECT OF QUALIFICATION AS SELF-INSURER
Section 1425.110 Effect of
Qualification as Self-Insurer
A carrier which has been
authorized by order of the Commission to act as a self-insurer is not required
to file proof of insurance or bond coverage under this Part.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.120 MINIMUM REQUIREMENTS FOR SELF-INSURERS
Section 1425.120 Minimum
Requirements for Self-Insurers
The minimum requirements for a
carrier to qualify and continue to act as a self-insurer are:
a) Net worth of:
1) $500,000, if the carrier operates less than 25 vehicles;
2) $750,000, if the carrier operates from 25 to 100 vehicles; and
3) $1,000,000, if the carrier operates more than 100 vehicles.
b) Property with a value of $500,000 or more located within the
State of Illinois, free from all liens.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.130 REPORTS TO BE FILED BY SELF-INSURERS
Section 1425.130 Reports to
be Filed by Self-Insurers
Each motor carrier of property
authorized to be a self-insurer shall file a report with the Commission, not
later than the 20th day following the end of each calendar quarter, listing all
accidents, injuries, and fatalities arising out of such carrier's operations
within the State of Illinois; and claims filed against such carrier of the type
for which the carrier is a self-insurer, which have occurred or been filed
during the reporting period. The quarterly reports shall also state whether
the carrier continues to meet the qualifications for self-insurers listed in
Section 1425.120.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.140 REVOCATION OF AUTHORIZATION TO BE A SELF-INSURER
Section 1425.140 Revocation
of Authorization to be a Self-Insurer
a) Whenever, after inspection of reports filed pursuant to
Section 1425.130, the Commission finds that a carrier no longer meets the
minimum requirements of Section 1425.120 for self-insurance, the Commission
shall institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or
revoke the carrier's authorization to be a self-insurer.
b) If a carrier fails to file the reports required by Section
1425.130, the Commission shall institute a proceeding pursuant to 83 Ill. Adm.
Code 200 to suspend or revoke the carrier's authorization to be a self-insurer.
c) Based upon the accident information supplied in the reports
filed pursuant to Section 1425.130, the Commission may institute a proceeding
pursuant to 83 Ill. Adm. Code 200 to suspend or revoke a carrier's
authorization to be a self-insurer.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: MOTOR CARRIERS OF PROPERTY
PART 1425
FINANCIAL RESPONSIBILITY OF CARRIERS
SECTION 1425.150 REINSTATEMENT
Section 1425.150
Reinstatement
A carrier that has had its
authorization to be a self-insurer suspended or revoked may petition the
Commission pursuant to 83 Ill. Adm. Code 200 for reinstatement of its status as
a self-insurer. A carrier shall be reinstated if it has remedied the grounds
for the suspension or revocation.
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