TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.5 DEFINITIONS
Section 1715.5 Definitions
The following terms, when used
in this Part, shall have the meanings ascribed to them in this Section.
"Charge": The per unit
price, cost or rate for a towing, storage or incidental service multiplied by
the number of units of the service provided by the Towing Service.
"Commission": The Illinois Commerce Commission.
"Cost": A per unit rate
for towing, storage or incidental services provided by a towing service.
"Entity": A
corporation, limited liability company, partnership, sole proprietorship or
other business entity.
"Law":
The Illinois Commercial Safety Towing Law [625 ILCS 5/Ch. 18d].
"Operator":
A person who was operating the vehicle at the time it became disabled or was
damaged in an accident.
"Owner": A person to
whom title to a vehicle has been issued, or who, without title, has the right
to exclusive use of the vehicle for a period longer than 30 days, or who has
lawful possession of the vehicle, or in whose name the vehicle is registered.
"Post-tow": After a
vehicle has been towed to the safety relocator's storage facility.
"Pre-tow": Prior to
rendition of towing, storage or incidental services with respect to a vehicle.
"Price": A per unit
rate for towing, storage or incidental services provided by a towing service.
"Registration Certificate":
A commercial vehicle safety relocator registration certificate.
"Safety Relocated",
"Safety Relocating", "Safety Relocation" and "Safety Towing":
Refers to the towing of damaged or disabled vehicles from public or private
property.
"Safety
Relocator": Any person or entity that removes damaged or disabled
vehicles from public or private property by the use of towing equipment or otherwise
and charges the vehicle owner, vehicle operator or third party authorizer for
that service.
"Third
Party Authorization": An authorization to tow a damaged or disabled
vehicle that is made by someone other than a vehicle owner or operator and that
is done on behalf of the vehicle owner or operator.
SUBPART B: REGISTRATION
 | TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.10 ANNUAL REGISTRATION
Section 1715.10 Annual
Registration
a) Registration
Requirement
Except as
provided by subsection (b), all commercial vehicle safety relocators shall
register annually with the Commission. All registrations shall expire on July
31 of each year.
b) Exemption
1) Vehicle
Dealers
This Part shall not apply to vehicle dealers licensed under Section 5-101
of the Illinois Vehicle Code [625 ILCS 5/5-101]
if the towing that the vehicle dealer conducts is exclusively conducted
pursuant to a service agreement between the vehicle dealer and the owner or
operator of the damaged vehicle and/or a vehicle manufacturer's warranty.
2) Application for Exemption
To qualify for an exemption under this Section, a vehicle
dealer shall submit an exemption request form to the Commission at the address
listed in Section 1715.20. When the Commission determines that the applicant
is eligible for the exemption, it will issue exemption documentation to the
applicant. A copy of that documentation shall be available for inspection in
the cab of every vehicle of the dealer performing safety relocation services.
3) Tenure of Exemption
Any vehicle dealer who is exempt under this Section, but who
conducts any towing service that does not fall within the exemption, is no
longer qualified for the exemption and shall meet all the requirements of this
Part.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.20 REGISTRATION AND FILING OF FORMS
Section 1715.20 Registration
and Filing of Forms
Applications for safety
relocator registration shall be made by completing and filing copies of the
Commission's Safety Relocator Registration Form. Completed registration forms
shall be filed with the Commission at the following address:
Illinois Commerce Commission
Transportation
Division
Processing
Section
527
East Capitol Avenue
Springfield
IL 62701
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.30 PROCESSING AND ISSUANCE OF REGISTRATION
Section 1715.30 Processing
and Issuance of Registration
Upon receipt of a registration
form, the Commission shall review it for completeness. If the form is properly
completed, proof of insurance provided as required under Subpart F of this Part
and payment received of the annual registration fee as required under Section
1715.70, a Safety Relocator Annual Registration shall be issued by the
Commission.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.40 REGISTRATIONS CONDITIONED UPON COMPLIANCE
Section 1715.40 Registrations
Conditioned Upon Compliance
Each registration issued to a
safety relocator is conditioned upon compliance with the provisions of the Law
and this Part. Operations in violation of the Law or this Part are unauthorized
and render the safety relocator subject to penalties, including suspension,
revocation, fines or a combination of sanctions.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.50 REGISTRATION TO BE CARRIED BY HOLDER
Section 1715.50 Registration
to be Carried by Holder
Each vehicle used for safety
towing must carry a copy of the Commission issued registration in its cab. The
copy shall be presented to any employee of the Commission on request.
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.60 ALTERATION OF REGISTRATION
Section 1715.60 Alteration
of Registration
No safety relocator or its
employees shall alter, mark or in any manner change the appearance of a
registration issued by the Commission. Any alteration, marking or change in
the appearance of a registration shall render the registration invalid.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.70 REGISTRATION FEE
Section 1715.70 Registration Fee
a) All
safety relocator registrations must be accompanied by a $450 fee plus $150 per
tow truck.
b) The
fee shall be paid by certified check, cashier's check or money order made
payable to "Illinois Commerce Commission/TRF".
c) The fee is
non-refundable.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.80 TRANSFER OF REGISTRATION
Section 1715.80 Transfer of Registration
A safety relocator registration is not transferable.
SUBPART C: DISCLOSURES
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.100 APPROVAL OF DISCLOSURE FORMS
Section 1715.100 Approval of Disclosure Forms
a) The
Commission shall prescribe a uniform form for disclosures required by the Law.
b) A safety relocator may
comply with disclosure requirements of the Law by:
1) Using a
form prescribed by the Staff of the Commission;
2) Using
a form that contains all of the information contained in a form prescribed by
the Staff of the Commission; or
3) Using a
form specifically approved by the Staff of the Commission.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.110 TOW AUTHORIZED BY LAW ENFORCEMENT AGENCY
Section 1715.110 Tow Authorized by Law Enforcement Agency
The disclosures and
authorization required under this Part are not required if a tow was authorized
by a law enforcement agency or officer, as evidenced by a tow sheet issued by
the law enforcement agency or officer, or if no tow sheet was issued by the
authorizing law enforcement agency or officer, then evidenced by records of the
safety relocator showing the date and time of authorization, the department and
star or badge number of the officer from whom authorization was received, and
the incident report number assigned by the law enforcement agency or officer.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.120 OWNER OR OPERATOR AUTHORIZATION
Section
1715.120 Owner or Operator Authorization
a) Personal Authorization from Vehicle
Owner or Operator
When the vehicle owner or operator
has personally authorized a safety relocator to provide towing, storage or
incidental services with respect to a vehicle to which this Part applies:
1) If
the vehicle owner or operator of the vehicle is present at the scene and not
incapacitated, incompetent or otherwise unable to sign, the safety relocator
shall obtain the signature of the vehicle owner or operator;
2) If
the vehicle owner or operator of the vehicle is not present at the scene, or is
otherwise incapacitated, incompetent or unable to sign, the safety relocator
shall:
A) Make a
record of:
i) The
name, mailing address and telephone number of the person giving the
authorization;
ii) The date and time
authorization was given; and
iii) The
driver's license, social security, or other unique identifying number of the
person by whom the authorization was given; and
B) Transmit
the name of the commercial vehicle safety relocator, its business address and
telephone number, the address of the location to which the vehicle will be
relocated, and the cost of all relocation, storage and any other fees, without
limitation, that the commercial vehicle safety relocator will charge for its
services to:
i) The
law enforcement agency having jurisdiction; or
ii) The
insurance agent for the vehicle owner or operator.
b) Third Party
Authorization
A third party, acting as agent for
the owner or operator of a vehicle, may give authorization as required by
Section 18d-120(a) of the Law, provided the agent is responsible for payment
of, or approves, all charges for towing, storage and incidental services so
authorized. Examples of third parties include motor clubs, repair shops, body
shops and vehicle dealers.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.130 COMMERCIAL TOWING CONTRACTS
Section
1715.130 Commercial Towing Contracts
a) Contractual Towing
Agreements
Subparts C and D of this Part
shall not apply to towing pursuant to a written contract between the safety
relocator and another entity (for example, unit of local government, fleet
operator, motor club, body shop, repair shop, vehicle dealer, etc.) establishing
a predetermined cost of all relocation, storage and any other fees that the
safety relocator will charge for its services, provided that a copy of the
contract is made available for inspection by law enforcement at the offices of
the safety relocator and is carried in the cab of every vehicle performing
safety relocation services subject to this exemption.
b) Contract
1) In
order to be eligible for this exemption, the contract must be a standing
contract. It cannot be a contract designed to cover a single towing operation.
2) All
items required by the Law to be disclosed shall be included in the contract, to
the extent that those disclosures can be generalized.
SUBPART D: POSTING OF SIGNS
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.200 POSTING REQUIREMENTS
Section 1715.200 Posting
Requirements
Signs shall be posted in a
conspicuous manner and be free of any obstruction or interference at each
storage location from which a vehicle can be claimed. Each sign shall be in
letters not less than 1.5 inches in height on its first line and the remaining
lines shall be in letters not less than one-half inch in height in the
following form:
YOUR CUSTOMER RIGHTS. YOU ARE
ENTITLED BY LAW TO:
1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE NAME OF THE
TOWING AND STORAGE SERVICE, ITS BUSINESS ADDRESS AND TELEPHONE NUMBER, AND
THE ADDRESS WHERE THE VEHICLE WAS TO BE TOWED.
2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE TOWING AND
STORAGE OF YOUR VEHICLE.
3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A FINAL
INVOICE ITEMIZING ALL CHARGES FOR TOWING, STORAGE, OR ANY OTHER SERVICES
PROVIDED, AS WELL AS ANY DAMAGE IDENTIFIED TO THE VEHICLE AT THE TIME IT WAS
TAKEN BY THE TOWING AND STORAGE FACILITY, AS WELL AS ANY DAMAGE TO THE VEHICLE IDENTIFIED
UPON ITS RELEASE TO YOU.
4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR ITS RETURN
DURING BUSINESS HOURS AND YOUR PROMPT PAYMENT OF ALL REASONABLE FEES.
5. PAY ALL
CHARGES IN CASH OR BY MAJOR CREDIT CARD.
6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF INSURANCE, WHICH THE
COMMERCIAL VEHICLE SAFETY RELOCATOR MUST MAINTAIN TO INSURE AGAINST RISK OF
DAMAGE TO YOUR VEHICLE IN TRANSIT AND WHILE IN STORAGE. IF THE COMMERCIAL
VEHICLE SAFETY RELOCATOR HAS COMPLIED WITH THE ABOVE RIGHTS, YOU ARE
REQUIRED, BEFORE TAKING THE VEHICLE FROM THE PREMISES, TO PAY FOR THE SERVICES
PROVIDED BY THE COMMERCIAL VEHICLE RELOCATOR.
SUBPART E: VEHICLE IDENTIFICATION
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.300 SAFETY TOWING VEHICLE IDENTIFICATION REQUIREMENT
Section 1715.300 Safety
Towing Vehicle Identification Requirement
a) Any
vehicle used for safety towing must be identified with the Commission issued
registration number and bear the full legal name of the safety relocator, as it
appears on the registration, together with the address and telephone number of
the relocator. This information shall be on both sides of the vehicle's power
unit, in characters not less than 2 inches in height, and in colors contrasting
with the color of the background against which the information is painted or
printed.
b) For
purposes of this Section, the required address shall be the actual physical
location of the safety relocator's place of business, not a post office box.
SUBPART F: INSURANCE REQUIREMENTS
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.400 REGISTRATION CONDITIONED UPON COMPLIANCE WITH INSURANCE REQUIREMENTS
Section 1715.400 Registration Conditioned Upon
Compliance With Insurance Requirements
A registration issued by the Commission to a safety
relocator has force and effect only while the carrier is in compliance with
requirements for the filing of proof of insurance or bond coverage.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.410 PROOF OF INSURANCE OR BOND COVERAGE
Section 1715.410 Proof of
Insurance or Bond Coverage
Proof of insurance or bond
coverage or cancellation shall be on forms E, H and K prescribed by the
Commission. The filing of such proof shall constitute acceptance of the
minimum terms required by Section 18d-170 of the Law and prescribed in this
Part, or higher levels of coverage stated in the policy or set forth on the
certificate of insurance, and shall bind the insurance company to those terms.
The coverage shall remain in effect until a cancellation form is filed with the
Commission or the coverage is superseded by filing a subsequent certificate of
insurance.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.420 SAFETY RELOCATOR'S LIABILITY
Section 1715.420 Safety Relocator's Liability
a) The
safety relocator's liability shall extend to all operations by or under
authority of the safety relocator's registration.
b) The
safety relocator's insurance shall cover all operations conducted by or under
the authority of the safety relocator's registration.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.430 AMOUNTS OF INSURANCE COVERAGE
Section 1715.430 Amounts of Insurance Coverage
a) All
safety relocators shall file with the Commission and have in effect an
indemnity bond or insurance policy or certificates of bonds or insurance in
lieu of a bond or policy that shall indemnify or insure the safety relocator
for its liability in the following amounts:
1) for
injury to person, in an amount not less than $100,000 to any one person and
$300,000 for any one accident;
2) in
case of damage to property other than a vehicle being removed, in an amount not
less than $50,000 for any one accident; and
3) in
case of damage to any vehicle relocated or stored by the safety relocator, in
an amount not less than $15,000 per vehicle.
b) Any
such bond or policy shall be issued by a bonding or insurance firm authorized
to do business as such in the State of Illinois. All certificates or indemnity
bonds or insurance filed with the Commission must show the coverage effective
continuously until cancelled, and the Commission may require evidence of
continued validity as it deems necessary.
SUBPART G: BOOKS AND RECORDS
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.500 AUDIT AND INSPECTION OF SAFETY RELOCATOR'S BOOKS AND RECORDS
Section 1715.500 Audit and
Inspection of Safety Relocator's Books and Records
Each safety relocator shall
permit any Commission employee to inspect or audit its books and records, on
request, at any time when the relocator is open to the public.
SUBPART H: ENFORCEMENT
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.600 ENFORCEMENT OF THE LAW
Section
1715.600 Enforcement of the Law
The enforcement provisions in Article VII
of the Illinois Commercial Transportation Law [625 ILCS 5/Ch.18c, Art. VII]
shall likewise govern the enforcement of the Illinois Commercial Safety Towing
Law.
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.610 ENFORCEMENT PROCEEDINGS AND IMPOSITION OF SANCTIONS
Section 1715.610 Enforcement
Proceedings and Imposition of Sanctions
The Commission may conduct a
proceeding known as an enforcement proceeding when it has reason to believe
that a person has committed an act that is a violation of the Law or this
Part. The result of the proceeding may be the imposition of sanctions including,
but not limited to, the suspension or revocation of the person's license or
registration, issuance of a cease and desist order, assessment of civil
penalties, or a combination of sanctions. The proceeding shall be governed by
the Commission's Rules of Practice (83 Ill. Adm. Code 200).
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.620 INFORMAL SETTLEMENT IN LIEU OF FORMAL PROCEEDING
Section 1715.620 Informal Settlement in Lieu of Formal
Proceeding
Prior to the institution of formal enforcement proceedings
before the Commission, a respondent shall be given the opportunity to settle,
at an informal staff level, any controversy regarding the respondent's alleged
illegal activity under the Law.
a) The
Notice of Alleged Violation and Opportunity to Settle (NAVOS) setting forth the
alleged violations of the Law or this Part shall be served on the respondent
and shall specify the procedure for the respondent to exercise the option to
settle. Included will be instructions to telephone or write to the
specific Commission staff member assigned to the case to request and schedule a
settlement conference if the respondent chooses to exercise the settlement
option. The respondent shall have 20 days from the date of service to exercise the
option to settle. Service shall be made by depositing in the United
States mail a postage prepaid envelope addressed to the respondent.
b) Monetary
settlements specified in the NAVOS shall be based upon the available fine amounts
contained in the Law.
c) An
amount less than the minimum established in the NAVOS may be agreed upon
between the Staff of the Commission and the respondent during informal
settlement discussions. This lesser amount shall be incorporated in a stipulated
settlement agreement that shall be presented to the Commission for approval or
rejection.
d) Settlement
amounts shall be determined upon consideration of the respondent's past
compliance history, cooperation with authorities in the resolution of the
dispute, and willingness to comply with the Law and this Part, and the type of
violation, the amount of revenue realized from the unlawful activities, and the
number of violations.
e) If a
settlement agreement is not reached, the matter will be set for hearing before
an Administrative Law Judge pursuant to the Commission's Rules of Practice (83
Ill. Adm. Code 200).
f) The
respondent's right to a hearing and respondent's position at hearing will not
be prejudiced in any way if settlement is not reached.
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.630 INITIATION OF OPERATING PRACTICES PROCEEDING
Section 1715.630 Initiation of Operating Practices
Proceeding
a) An
enforcement proceeding shall be initiated by the issuance of a Complaint that
shall set forth the alleged violations of the Law or this Part. The Complaint
shall be served on the respondent by certified mail, return receipt requested,
at the last address known to the Commission, or by personal service if the
respondent is not licensed by the Commission and service by mail cannot be
accomplished.
b) The
respondent shall have 20 days from the date of service of the Complaint to file
a responsive pleading with the Commission. Service shall be made by depositing
in the United States mail a postage prepaid envelope addressed to the
respondent. Failure to respond within the specified time shall result in the
matter being set for hearing. Notice of the time, date and place for the
hearing shall be mailed to the respondent.
c) All
matters set for hearing as a result of this Section shall be conducted in
accordance with 83 Ill. Adm. Code 200.
d) Respondent's
failure to appear at a hearing or otherwise respond to a Complaint shall
constitute a waiver of the respondent's right to contest the alleged violation or
violations. Commission Staff shall present evidence in support of its
allegations and the Commission is authorized, without further notice or
hearing, to make findings and may order the imposition of any applicable
sanction.
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.640 FAILURE TO APPEAR AT HEARING
Section 1715.640 Failure to Appear at Hearing
Respondent's failure to appear at the hearing set for the
violation in issue may constitute a waiver of respondent's right to appear to
contest the alleged violation. Commission Staff shall testify in support of
its allegations and the Commission is authorized, without further notice, to
find the facts to be as alleged in the order and may order the imposition of
any applicable sanction.
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.650 SERVICE OF ORDER
Section 1715.650 Service of Order
Service of orders shall be made by certified mail, return
receipt requested.
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.660 STANDARDS FOR THE ASSESSMENT OF CIVIL PENALTIES
Section 1715.660 Standards for the Assessment of Civil
Penalties
a) In
determining whether to assess civil penalties, the Commission shall consider
the following factors:
1) the
lack of mitigating circumstances, including:
A) whether
the violation's occurrence was attributable to causes beyond the respondent's
control, rather than to respondent's fault or intent; and
B) whether
the violation's occurrence was attributable to action by the Commission that
precluded compliance;
2) the lack
of good faith or intent, including:
A) the
past compliance history of the respondent; and
B) whether
a violation is the result of willful conduct or comes about through mistake,
inadvertence or negligence;
3) the
financial ability of the respondent to pay the penalties assessed;
4) the
degree to which the violative conduct was harmful to the public; and
5) the
financial benefit accruing to the respondent as a result of its illegal
activities.
b) If it
is determined that a civil penalty shall be assessed, the amount of the civil
penalty shall be determined in accordance with the following procedure:
1) A
numerical value of from 0 to 5 shall be assigned to each of the factors
specified in subsections (a)(1), (2), (3), (4) and (5);
2) The
values assigned will be summed. The sum will be divided by the maximum
possible weighted value per violation (25) and then multiplied by the maximum
possible penalty per violation allowed under the Law. The result will be
the civil penalty the Commission will seek to assess against the respondent.
c) The
Commission's consideration shall be limited to only those violations for which
evidence exists. It shall be the burden of the respondent to establish a
compelling reason why the civil penalty should be mitigated.
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.670 PAYMENT OF CIVIL PENALTIES
Section 1715.670 Payment of Civil Penalties
Whenever the Commission assesses a civil penalty under this
Part:
a) Payment
of the civil penalty shall be made by certified or cashier's check, by money
order, or in installments by the foregoing means after execution of a
promissory note containing an agreement for judgment.
b) All
remittances shall be made payable to the Illinois Commerce Commission/TRF and
sent to:
Illinois Commerce Commission
Transportation Division
Processing Section
527 East Capitol Avenue
Springfield IL 62701
SUBPART I: DISPOSITION OF UNCLAIMED VEHICLES
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CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: RELOCATION TOWING
PART 1715
SAFETY RELOCATION TOWING
SECTION 1715.700 DISPOSITION OF UNCLAIMED VEHICLES
Section 1715.700 Disposition
of Unclaimed Vehicles
Unclaimed vehicles shall be
disposed of in accordance with 625 ILCS 5/4-208
and 4-209.
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