AUTHORITY: Implementing Sections 18c-6101 through 18c-6503 and authorized by Sections 18c-1202(9) and 18c-6502 of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-6101 through 18c-6503, 18c-1202(9), and 18c-6502).

SOURCE: Adopted at 11 Ill. Reg. 17573, effective October 15, 1987.

SUBPART A: LICENSE APPLICATIONS

 

Section 2100.10  Application Forms

 

Applications for motor carrier of passengers licenses shall be on the Motor Carrier of Passengers License Application form provided by the Illinois Commerce Commission ("Commission").

 

Section 2100.11  Notice of Applications

 

Each applicant for a motor carrier of passengers license shall give notice of its application in the manner provided in 92 Ill. Adm. Code 1202.

 

Section 2100.12  Petitions for Leave to Intervene

 

Petitions for leave to intervene in opposition to an application shall meet the requirements of 92 Ill. Adm. Code 1202.30.

SUBPART B: ADEQUACY OF SERVICE

 

Section 2100.20  Incorporation of Federal Standards

 

a)         The Illinois Commerce Commission incorporates by reference 49 CFR 1061 as of December 1, 1986, and 49 CFR 1063 as of December 1, 1986, as its regulation governing the adequacy of service by motor carrier of passengers.

b)         No incorporation in this Section contains any later amendments or editions.

 

Section 2100.21  Obligation to Accept and Transport Passengers

 

a)         General Obligation to Accept and Transport.  No motor carrier of passengers shall refuse or fail to pick up and transport to destination any passenger who tenders the appropriate rate at any service point (including flagstops) along the carrier's authorized routes unless:

1)         All seats on the bus are filled;

2)         The passenger appears to be in an intoxicated condition;

3)         The passenger is acting in a disorderly manner or using profane or obscene language or gestures.

b)         Right to Discharge Passengers.  The carrier may refuse further transportation to any passenger who, after being picked up:

1)         Appears to be in an intoxicated condition; or

2)         Is acting in a disorderly manner or using profane or obscene language or gestures.

 

Section 2100.22  Baggage Service

 

a)         Availability of Baggage Service.  Each motor carrier of passengers shall:

1)         Provide free baggage service, including both through and interline service; and

2)         Make baggage check-in service available at each location where passengers are picked up or discharged.

b)         Baggage Liability and Claims.

1)         The Illinois Commerce Commission incorporates by reference 49 CFR 1063.4 as of December 1, 1986, and 49 CFR 1064 as of December 1, 1986, as its regulations governing baggage liability and claims.

2)         No incorporation in this subsection (b) contains any later amendments or editions.

SUBPART C: SCHEDULES OF SERVICE

 

Section 2100.30  Content of Schedules

 

Each motor carrier of passengers shall maintain schedules of service, showing each route over which service is provided; each point served, whether by regular stop, flag stop, or otherwise; days on which service is provided; and the approximate arrival and departure times at each point.

 

Section 2100.31  Availability of Schedules

 

Each motor carrier of passengers shall make copies of its current schedules of service available to the public at every place where tickets are sold.

 

Section 2100.32  Adherence to Schedules

 

a)         General Requirements.  Except as provided in this Section, each motor carrier of passengers shall provide service in accordance with its schedules of service.

b)         Deviations.  Where a scheduled service has been interrupted or delayed more than 1 hour beyond the scheduled arrival or departure time at any service point, the carrier shall prepare a report showing the extent of the interruption or delay and its cause, and shall make such report available to the Commission on request.

 

Section 2100.33  Notice of Schedule Changes

 

a)         Notice Requirements

1)         Notice of Schedule Changes Generally.  Each motor carrier of passengers shall give 30 days public notice of each schedule change which results in a change of more than one hour in any arrival or departure time, or which involves the discontinuance of a schedule, except where the carrier has been granted special permission pursuant to 92 Ill. Adm. Code 1225.15 to change schedules on less than 30 days notice.  One day public notice of each schedule which results in a change of one hour or less in any arrival or departure time shall also be given.

2)         Notice of New Schedules.  Notice of new schedules of service shall not be required unless the new schedule replaces a schedule of service which has been discontinued.  If the new schedule replaces a discontinued schedule, 30 days public notice shall be required except where the carrier has been granted special permission to change schedules on less than 30 days notice pursuant to 92 Ill. Adm. Code 1225.15.

b)         Proof of Notice.  The carrier's files must reflect that notice required under this Section has been given.  If a carrier is found to have violated the notice requirement provisions of this Section, the Commission shall require that the carrier file proof of notice with the Commission prior to the effective date of any schedule change, or of specified types of schedule changes.

SUBPART D: ROUTES

 

Section 2100.40  Deviation from Authorized Routes

 

a)         The Illinois Commerce Commission incorporates by reference 49 CFR 1042.2 as of December 1, 1986, as its regulations governing deviations from authorized routes by a motor carrier of passengers.

b)         No incorporation in this Section contains any later amendments or editions.

SUBPART E: DISCONTINUANCES

 

Section 2100.50  Waiver of Requirements

 

The requirements of prior notice by filing annual and amended lists of routes or points under consideration for possible discontinuance, notices of intent, and petitions to discontinue shall not apply where:

a)         Service is being reduced to a level of less than 1 round trip per weekday (Monday through Friday); but

b)         Service is being maintained at a level of 1 round trip per day, five days per week.

 

Section 2100.51  Petitions to Discontinue

 

a)         Forms and Contents of Petition.  Petitions to discontinue motor carrier of passengers service shall be on the Commission's Motor Carrier of Passengers Discontinuance of Service form.

b)         Notice of Petition.  Notice of a petition to discontinue motor carrier of passengers service must be served by first class U.S. mail on the chief executive of each city, town, or village served by the carrier during the 12 month period preceding filing of the petition, and on the county commissioner of each county through which the carrier provided service during such period.  The notice shall include the identity of the route to be discontinued and the date on which the route will be discontinued.  A certificate of service upon the foregoing persons must accompany the petition.

 

Section 2100.52  Waiver of Prior Notice

 

a)         Request for waiver.  A request for waiver of prior notice requirements under Section 18c-6305 of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-6305) and Commission regulations adopted thereunder must be in writing.

b)         Grant or denial of waiver.  The Illinois Commerce Commission shall grant a waiver of prior notice where:

1)         The persons who would be affected by the discontinuance were aware of the proposal, notwithstanding failure to give prior notice in accordance with Section 18c-6305 of the Law and Commission regulations adopted thereunder;

2)         The additional which would have been afforded by compliance with Section 18c-6305 of the Law and Commission regulations would not preserve service to involved points; or

3)         Enforcement of prior notice requirements under Section 18c-6305 would jeopardize the exercise of state jurisdiction under Federal law.

SUBPART F: INSURANCE

 

Section 2100.60  Licenses Conditioned Upon Compliance With Insurance Requirements

 

A license issued by the Commission to a motor carrier of passengers has force and effect only while the carrier is in compliance with requirements for the filing of proof of insurance or bond coverage.

 

Section 2100.61  Proof of Insurance or Bond Coverage

 

a)         The Illinois Commerce Commission incorporates by reference 49 CFR 1023 Subparts E, F, and G, as of December 1, 1986, as its regulations governing the filing of proof of insurance or bond coverage or cancellation.

b)         The filing of such proof shall constitute acceptance of the minimum terms required by statute, prescribed in this Part, or set forth on the certificate of insurance, and shall bind the 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 certificate of insurance.

d)         No incorporation in this Section contains any later amendments or editions.

 

Section 2100.62  Public Liability and Property Damage Coverage

 

The minimum amounts of public liability and property damage insurance coverage required of a motor carrier of passengers are as follows:

a)         Liability for injury or death:

1)         $1,000,000 if the manufacturer's rated seating capacity of the vehicle is 10 to 13 persons, including the driver;

2)         $1,500,000 if the capacity is 13 to 20;

3)         $2,000,000 if the capacity is 21 to 30; and

4)         $3,000,000 if the capacity is greater than 30.

5)         Capacity ratings do not include the driver for (2)-(4).

b)         Liability for property damage.  $100,000 liability for damage in any one accident to property not carried in the vehicle.

c)         Liability for cargo damage.  $500 liability for damage in any one accident to each piece of baggage and each article or package carried in the vehicle.

 

Section 2100.63  Self-Insurance

 

Self-Insurance by motor carriers of passengers shall be permitted on the same terms as are prescribed for motor carriers of property under 92 Ill. Adm. Code 1425.

SUBPART G: ACCIDENT REPORTS

 

Section 2100.70  Definition of Reportable Accident

 

a)         The Illinois Commerce Commission incorporates by reference 49 CFR 394.3 as of December 1, 1986, as its definition of a reportable accident for purposes of this Part.

b)         No incorporation in this Section contains any later amendments or editions.

 

Section 2100.71  Telephonic Reports Required

 

Each motor carrier of passengers shall contact the Manager of the Commission's Transportation Division by telephone (217-782-4971) of any accident involving its equipment resulting in a fatality within 24 hours of the accident.

 

Section 2100.72  Written Confirmation and Updates

 

Each motor carrier of passengers shall, within 30 days after a reportable accident occurs, confirm in writing its telephonic accident reports, and shall update its reports by telephone and in writing if additional deaths or injuries occur or are discovered after the initial report.

 

Section 2100.73  Contents of Accident Reports

 

a)         The Illinois Commerce Commission incorporates by reference 49 CFR 394.7 as of December 1, 1986, and 49 CFR 394.9 as of December 1, 1986, as its requirements for the contents of accident reports under this Section.

b)         No incorporation in this Section contains any later amendments or editions.

SUBPART H: ANNUAL REPORTS

 

Section 2100.80  Filing Requirement

 

Each motor carrier of passengers shall complete and file with the Commission not later than May 15 of each calendar year an annual report for the preceding calendar year.  The report shall be on the Commission's Motor Carrier of Passengers Annual Report form.

SUBPART I: IDENTIFICATION OF VEHICLES

 

Section 2100.90  Identification Requirements

 

Except as provided in Section 2100.91, each vehicle operated by a motor carrier of passengers shall be identified to the public by showing, on the sides of the vehicle, in characters at least two inches in height:

a)         The full legal name of the carrier as it appears on its motor carrier of passengers license from the Commission or such other emblem or insignia as filed with the Commission;

b)         The words "Ill.C.C." followed by the number of the carrier's motor carrier of passengers license from the Commission; and

c)         The unit number assigned to the vehicle by the carrier.

 

Section 2100.91  Alternative Identification for Interstate Carriers

 

a)         Motor carriers of passengers that provide both interstate and intrastate service may, in lieu of the requirements in Section 2100.90, identify their vehicles in the manner required in 49 CFR 1058 as of December 1, 1986.

b)         No incorporation in this Section contains any later amendments or editions.

SUBPART J: MAINTENANCE OF RECORDS

 

Section 2100.100  General Maintenance Requirements

 

a)         Each motor carrier of passengers shall maintain, at its principal place of business in Illinois, records of all revenues, expenses, service, and related transactions (such as the retirement, trade, or sale of equipment or other property or contingent liabilities due to accidents or losses) relating to its Illinois intrastate operation, except as provided in Section 2100.101.

b)         Such records shall be kept for a period of three (3) years after the event recorded therein.

 

Section 2100.101  Keeping Records Out of State

 

A carrier may, if authorized by the Commission, keep its records at a location outside Illinois.  As a condition of such authorization, the carrier must voluntarily submit to the jurisdiction of the Commission to subpoena such records and the jurisdiction of the Illinois courts to enforce the subpoena.  The keeping of records outside Illinois shall constitute submission to the jurisdiction the Commission and the Illinois courts for such purposes.  The Commission shall authorize a carrier to keep its records outside Illinois if its home office is outside Illinois.

SUBPART K: CARRIERS OPERATING UNDER CERTIFICATES ISSUED BY THE INTERSTATE COMMERCE COMMISSION

 

Section 2100.110  Applicability of Part 2100

 

a)         The provisions of the Illinois Commercial Transportation Law and this Part apply to carriers operating under certificates issued by the Interstate Commerce Commission authorized intrastate operations in the same manner as to carriers operating under licenses issued by this Commission, except as provided in subsection (b).

b)         Applicability of Rate and Schedule Filing Requirements

1)         Requirements for the filing of rates and schedules of service shall apply to carriers operating under certificates issued by the Interstate Commission authorizing intrastate operations beginning on the 30^th day after the carrier commences intrastate operations under the certificate.

2)         Carriers operating under certificates issued by the Interstate Commerce Commission authorizing intrastate operations shall be presumed for purposes of this subsection to have commenced operations under the certificate on the 30th day after the authority was granted.  Any proof that operations commenced at a later date will rebut this presumption.

 

Section 2100.111  Registration Pending Establishment of Rates and Schedules

 

Carriers operating under certificates issued by the Interstate Commerce Commission authorizing intrastate operations must register their certificates with the Commission prior to commencement of intrastate operations under the certificates.  The Commission shall issue a registration to a motor carrier of passengers proposing to commence operations under a certificate issued by the Interstate Commerce Commission if the carrier has filed with this Commission a copy of the Interstate Commerce Commission order granting intrastate authority, together with a copy of the certificate to which the order refers and proof of required insurance or bond coverage.

SUBPART L: WAIVER OF REQUIREMENTS

 

Section 2100.120  Waiver of Requirements

 

a)         A carrier may petition the Commission for waiver of specific requirements of this Part.

b)         The Commission will consider the following factors in its consideration of a petition to waive requirements of this Part.

1)         The effect of the requirement on the financial condition of the carrier.

2)         The public need for the requirement.

c)         The Commission shall find a public need for a requirement for which waiver is sought where:

1)         A person who would be directly affected by the waiver in writing, stating reasons for such opposition; or

2)         Persons representing governmental units, riders or businesses at points which would be affected by the waiver have contacted the Commission to express concern over the waiver.

d)         The Commission shall, where it finds a public need for a requirement, also find that the public need for the requirement requires denial of a petition for waiver of the requirement, unless such denial would jeopardize the continuation of service to affected points.