TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.10 APPLICATION FOR TEMPORARY HOUSEHOLD GOODS AUTHORITY
Section 1457.10 Application
for Temporary Household Goods Authority
a) Application for temporary household goods authority shall be
filed on forms provided by the Commission.
b) Public notice of application for temporary household goods
authority shall be published in the official State newspaper. The published
notice must include the docket number assigned to the application by the
Commission.
c) Each applicant shall obtain from the official State newspaper
a certificate of publication certifying that the notice has been published and
showing the contents of the notice and the date of publication. The applicant
shall file the certificate with the Commission. A hearing on the application
shall not commence until the certificate of publication has been filed.
d) An application for temporary authority cannot be filed unless
an application for permanent authority has been filed or is filed concurrently
with the application for temporary authority.
e) The applicant shall have 60 days from the issuance of the
order granting a temporary authority to file the following with the Commission:
1) Rates applicable to the full extent of the grant of temporary
authority;
2) If applicable, proof of insurance as required in compliance
with the Workers' Compensation Act [820 ILCS 305];
3) Proof of liability and cargo insurance and any required bonds;
and
4) Payment of franchise fees for each truck to be operated under
the temporary authority.
f) Upon receipt of a timely request for an extension by the
applicant, the Commission shall grant the extension. Failure to submit the documents
required by subsection (e) within the 60-day period specified in subsection
(e), or within an approved extension period, will result in the order granting
the temporary authority being vacated and the application being dismissed. For
the purpose of this subsection (f), an extension request is timely if it is
received before the expiration of the 60-day period specified in subsection (e)
or prior to the expiration of an extension granted by the Commission.
g) Temporary authority shall not be granted unless the
application and the evidence presented at hearing demonstrate that a public
need exists for the requested service and that the applicant is fit, willing,
and able to provide the service requested.
h) Fitness shall be determined in accordance with the provisions
of Subpart B of this Part. Evidence that applicant has conducted household
goods moves without Commission authority, been assessed civil penalties, or
received administrative citations shall be considered by the Commission in
determining the applicant's fitness to operate.
i) In determining whether a public need exists for the requested
service the Commission shall consider demographic statistics and any other
evidence presented that is material and relevant.
j) An applicant may operate as a household goods carrier under a
temporary authority for up to one year after issuance of the temporary
authority. During that year of operation, the temporary authority holder shall
be subject to:
1) A compliance audit conducted by the Commission;
2) A review of any and all consumer complaints against the
temporary authority holder.
k) The compliance audit
shall include, but not be limited to, a review of:
1) proof
of proper insurance;
2) claims/complaints
filed by shippers;
3) business organization
records;
4) proper
documentation of moves including estimates, bills of lading, inventories and
claims;
5) liability provisions
on estimates and bills of lading;
6) operation within
scope of authority;
7) compliance with rate
and tariff provisions;
8) distribution of the
Commission's consumer brochure;
9) advertising;
10) equipment leases;
11) documentation in vehicles;
and
12) carrier
identification on vehicles and documents.
l) If substantial violations of the rules and regulations of the
Commission are found in either the staff compliance audit or the consumer
complaint review conducted under subsection (i), staff shall recommend that the
Motor Carrier Employee Board deny permanent authority, and notice of staff's
recommendation of denial of permanent authority shall be sent to the temporary
authority holder, together with a copy of the audit report and a list of documents
referred to in the audit report.
1) The temporary authority holder shall have 30 days from the
service date of the notice of staff's recommendation of denial of permanent
authority to submit a written request to the Commission for either or both of
the following:
A) A six-month extension of its temporary authority to allow
opportunity to come into compliance with the rules and regulations of the
Commission;
B) A formal hearing regarding the allegations of violations.
2) The
hearing on denial of permanent authority shall be held no later than 45 days
after the request is received by the Commission.
3) Failure
of the Commission to enter a final order within 120 days after the request for
a hearing on denial of permanent authority shall constitute denial of permanent
authority by operation of law.
4) The Motor Carrier Employee Board shall act on requests for
extensions of temporary authorities. A temporary authority holder shall be
allowed only one six-month extension of its temporary operating authority.
A) During the six-month extension, the Commission will conduct a
compliance audit of the temporary authority holder and a review of consumer
complaints against the temporary authority holder.
B) The six-month extension shall terminate six months after the
date the extension is granted.
C) If
during the six-month extension period the temporary authority holder is found
to be in substantial non-compliance with the Commission's rules and
regulations, notice of staff's recommendation of denial of permanent authority
shall be sent to the temporary authority holder, together with a copy of the
audit report and a list of documents referred to in the audit report.
D) The
temporary authority holder shall have 30 days from the service date of the
notice of staff's recommendation of denial of permanent authority to submit a
written request to the Commission for a formal hearing regarding the
allegations of violations.
5) The
expiration of the temporary authority shall be stayed:
A) During
the pendency of a request for extension before the Motor Carrier Employee
Board; and,
B) Pending
an order by the Commission or Administrative Law Judge pursuant to a request
for formal hearing.
6) The
Motor Carrier Employee Board shall act on applications for permanent authority
following receipt of staff recommendations.
m) A temporary authority shall be converted to a permanent
authority upon expiration if the authority holder is found to have operated in substantial
compliance with the rules and regulations of the Commission.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
 | TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.20 NOTICE OF APPLICATION FOR PERMANENT HOUSEHOLD GOODS AUTHORITY
Section 1457.20 Notice of
Application for Permanent Household Goods Authority
a) When public notice of an application is required by the
Illinois Commercial Transportation Law (Law) [625 ILCS 5/Ch. 18c], notice shall
be given by publication in the "official newspaper" designated by the
Department of Central Management Services. The notice must state the docket
number assigned by the Commission and must be on the publication of notice form
provided by the Commission.
b) An applicant shall be directed to republish notice of an
application when the original publication failed to give notice to the public
of the nature and extent of the proposed operations or when the publication was
not in compliance with the Section.
c) Each applicant shall obtain from the official newspaper a
certificate of publication certifying that the notice has been published and
showing the contents of the notice and the date of publication. The applicant
shall file the certificate with the Commission. A hearing on the application
shall not commence until the certificate of publication has been filed.
(Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.30 PETITIONS FOR LEAVE TO INTERVENE
Section 1457.30 Petitions
for Leave to Intervene
a) Petitions for leave to intervene in opposition to applications
under the Law must be filed within 15 days after the publication of the notice
of application.
b) The petition must allege facts that show that:
1) The petition is filed within 15 days after the publication of
the notice of application.
2) The petitioner has standing to intervene pursuant to Section
18c-2106 of the Law [625 ILCS 5/18c-2106].
c) A petition to intervene shall be granted when the petition is
filed within 15 days after the publication of notice of application and when
the petitioner has standing to intervene pursuant to Section 18c-2106 of the
Law.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.40 APPLICATION FOR PERMANENT HOUSEHOLD GOODS AUTHORITY
Section 1457.40 Application
For Permanent Household Goods Authority
a) Application for permanent household goods authority shall be
filed on forms provided by the Commission and must be accompanied by the
following:
1) The required fee specified in Subpart Q;
2) If a partnership, a copy of the
agreement creating the partnership;
3) If an Illinois corporation, a copy of the articles of
incorporation if less than 1 year old; a certificate of good standing from the
Illinois Secretary of State if more than one year old. If a foreign
corporation, authority to do business in Illinois, as recorded with the
Illinois Secretary of State; and
4) If an Illinois limited liability company, a copy of the
articles of organization if less than one year old; a certificate of good
standing from the Illinois Secretary of State if more than one year old. If a
foreign limited liability company, admission to transact business in Illinois
as recorded with the Illinois Secretary of State.
b) An application for authority shall be deemed to be an
application for both temporary and permanent authority, unless the application
states otherwise.
c) Permanent authority shall not be granted:
1) Unless the applicant has met all of the requirements of
Section 1457.10 of this Part; and
2) Until the applicant has operated for one year in substantial
compliance with the rules and regulations of the Commission under a temporary
authority granted by the Commission under this Part.
(Source:
Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.50 EMERGENCY TEMPORARY HOUSEHOLD GOODS AUTHORITY APPLICATION
Section 1457.50 Emergency
Temporary Household Goods Authority Application
a) Applications for emergency temporary household goods authority
shall be filed on forms provided by the Commission and shall be accompanied by:
1) The required fee specified in Subpart Q; and
2) Evidence that an urgent and immediate public need exists for
the requested service.
b) Applications received that have not been completed or that are
not accompanied by the items specified in subsections (a)(1) and (2) above
shall be returned to the applicant.
c) Applications for emergency temporary authority shall not be
granted unless the application demonstrates that there is an urgent and
immediate need for the authority requested. An urgent and immediate need shall
exist if a natural disaster, or other circumstance, has created a need for
transportation service that would not exist in the absence of the disaster or
circumstance.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.60 TRANSFER OF PERMANENT HOUSEHOLD GOODS AUTHORITY
Section 1457.60 Transfer of
Permanent Household Goods Authority
a) Application for Transfer of Permanent Household Goods
Authority Generally
1) Except as otherwise provided in this Part, transfers are
hereby provided for to the extent permitted under Section 18c-4306 of the Law.
2) Every transfer application shall be on the Illinois Commerce
Commission's (Commission) Transfer Application Form.
3) In all transfers allowed under this Part, whether hearing or
non-hearing, the authority transferred shall be converted from a permanent
household goods authority to a temporary household goods authority subject to
the requirements of Section 1457.10 and Subparts B and C of this Part.
b) Transfers Involving Immediate Family
1) Transfers to members of the transferor's "immediate
family" shall be permitted without hearing only where the relationship
between transferor and transferee is one of the following:
A) Spouse-Spouse;
B) Civil Union Partner-Civil Union Partner
C) Parent-Child (natural or legally adopted child); or
D) Sibling-Sibling.
2) Other uses of the term "immediate family". When
used in relation to a transaction other than a transfer to a member of the
transferor's immediate family, the term "immediate family" includes
the person's spouse, civil union partner, parents, children, and siblings.
c) Transfers from One Corporation to a Related Corporation
1) No transfer shall be approved under Section 18c-4306(g) of the
Law if a shareholder of the transferee would acquire a majority or controlling
interest unless the same shareholder possessed a majority or controlling interest
in the transferor.
2) No transfer shall be approved under Section 18c-4306(d) of the
Law unless the transferor corporation is wholly owned by one person or members
of one family.
d) Expedited Household Goods Authority Transfers
1) Except as otherwise provided in this Subpart, expedited
transfers are hereby provided for to the extent permitted under Section
18c-4306 of the Law.
2) Applications for expedited (non-hearing) transfers shall be
granted or denied, based upon the information contained in this Part and
without oral hearing.
3) The application shall be set for hearing pursuant to 83 Ill.
Adm. Code 200 if the application does not qualify for expedited transfer.
e) Operations by Fiduciaries Pending Transfer
1) Authority of Fiduciary to Continue Operations. The following
fiduciaries shall have authority to continue operations under a license or
registration issued by the Commission, pending completion of transfer
proceedings, in lieu of the person to which the license or registration was
issued:
A) Administrators and executors of the estates of deceased
holders;
B) Conservators or guardians of incompetent holders;
C) Provisional directors or custodians of corporations appointed
by a court pursuant to Section 12.55 of the Business Corporation Act of 1983
[805 ILCS 5/12.55]; and
D) Trustees, receivers, conservators, assignees, or other persons
authorized by law to collect and preserve the property of financially disabled,
bankrupt, deceased, or incapacitated holders.
2) Authority Does Not Extend to Transfer by Fiduciary. Authority
under subsection (e)(1) does not extend to transfers from fiduciaries to other
persons or to operations by such other persons pending transfer from the
fiduciaries.
3) Required Filings by Fiduciary
A) Notice. Within 30 days after assuming control, the fiduciary
must give notice to the Commission:
i) Identifying the person to whom the license or registration
was issued by full legal name, trade name, and principal business address;
ii) Identifying the license or registration by number;
iii) Identifying the fiduciary by full legal name, trade name, and
mailing address; and
iv) Stating the date on which the fiduciary assumed control.
B) Proof of Fiduciary Capacity. If control was assumed pursuant
to a court order, a certified copy of the order must be attached. If control
was assumed other than by court order, an affidavit of fiduciary capacity must
be submitted.
C) Transfer Application. The fiduciary shall file an application
seeking Commission approval of a transfer of the license or registration,
either to the fiduciary or to a transferee designated by the fiduciary. If the
fiduciary does not file a transfer application within 180 days after assuming
control, the fiduciary must file a report with the Commission, not later than
the first day of each succeeding month, explaining the failure to file and must
prosecute a transfer application. Such factors as court delays, progress in an
estate settlement, and legal action against the estate will be considered as
justification for failure to file and process a transfer application.
D) Proof of Insurance. No operations may be conducted until the
fiduciary has obtained and filed with the Commission proof of insurance
coverage for those operations in compliance with Section 18c-4901 or Section
18c-6503 of the Law.
f) Transfers Not Subject to Commission Approval
1) If a merger, acquisition of control, or other transaction that
is authorized pursuant to 49 U.S.C. 11343 involves one or more motor carriers
of property licensed by the Commission, such transaction shall be recognized by
the Commission subject to the provisions of subsection (b) of this Section.
2) No license transferred by operation of 49 U.S.C. 11343 shall
be effective for any purpose unless and until the person to whom the license is
being transferred notifies the Commission of the transfer. Notification shall
be accomplished by completing and filing the forms obtained from the Commission
for this purpose, along with the required fee set forth in Section 1457.1300 of
this Part.
(Source:
Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
SUBPART B: FITNESS STANDARDS
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.80 REQUIREMENTS TO SHOW FITNESS
Section 1457.80 Requirements
to Show Fitness
The applicant shall present
clear and convincing evidence that fitness has been established for the
issuance of the requested authority.
a) In determining whether the applicant is fit to operate as a
household goods carrier, the Illinois Commerce Commission shall require proof
of the following factors:
1) The applicant has attended a seminar regarding this Part conducted
or approved by the Commission's Compliance Advisory Service;
2) The applicant has obtained a 75% or better passing grade on a
written test administered by the Commission that tests the applicant's
knowledge of this Part related to the requested authority.
A) The applicant may not take this test more than once in any seven-day
period;
B) An applicant may not have more than one partner or controlling
stockholder take this test in any seven-day period;
3) The applicant possesses, or can acquire, equipment and
facilities of a type required for the transport of household goods as evidenced
by a description, submitted with the application, of the equipment to be used
by the applicant in the conduct of intrastate transportation (which shall
include equipment that is currently owned by the applicant, leased by the
applicant, or is to be otherwise acquired by the applicant);
4) The applicant has established a safety, training, and
maintenance program, including any policies regarding traffic citations issued
against drivers and any refresher/remedial training courses required of
drivers;
5) The financial condition of the applicant as represented by the
completed financial statement (consisting of balance sheet and projected income
statement) included with the application. Evidence will be required at hearing
to corroborate the information provided in the financial statement with the
information in the shipper support statements;
6) Required insurance coverage on file with the Commission
including, where applicable, insurance in compliance with the Workers'
Compensation Act [820 ILCS 305].
b) In determining whether the applicant is fit to operate as a
household goods carrier, the Commission shall consider the following:
1) The applicant's safety record as evidenced by a certification
or record from the Federal Motor Carrier Safety Administration of the United
States Department of Transportation, the Illinois Department of Transportation,
or the appropriate regulatory body of another state, setting forth:
A) Any motor carrier safety citations issued against the applicant
during the three years preceding application; and
B) Whether the file contains any record of any disciplinary action,
taken or pending, during the three years preceding application.
2) Any citations or disciplinary actions against the applicant to
determine whether a pattern of violations exists and will consider the severity
of the violations.
3) The conviction of the applicant of a crime punishable by death
or imprisonment in excess of one year under the law under which he/she was
convicted, or a crime involving dishonesty or false statement regardless of the
punishment. The Commission will consider the type of crime, when the crime
occurred, and the age of the applicant at the time of the incident.
4) Whether the applicant is currently, or has been, the subject
of civil penalty action by the Commission. In determining whether to grant
authority to an applicant who is currently, or has been, the subject of prior
civil penalty action, the Commission shall consider:
A) Whether the violations were committed knowingly and willfully;
B) Whether the violations caused economic harm to authorized
carriers;
C) Whether a pattern of violations exists;
D) The applicant's cooperation in resolving previous violations;
and
E) Whether the applicant is delinquent in paying a monetary
settlement or civil penalty assessed by the Commission.
5) Other facts that may bear on the applicant's fitness to hold
the license applied for.
c) For purposes of subsections (a)(1) and (2) and (b)(4) of this
Section, "applicant" shall mean proprietors, partners, a member or
manager of a limited liability company, or, in the case of a corporation, an
officer or anyone holding a controlling interest in the corporation.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.90 CONTINUED FITNESS, SERVICE, AND ADVERTISING STANDARDS
Section 1457.90 Continued
Fitness, Service, and Advertising Standards
a) Personnel Standards
1) No household goods carrier shall permit any driver, helper,
and/or packer to be used in the transportation of any household goods shipment
or in the performance of accessorial services unless that person is trained in
the movement of household goods. Carriers are permitted to use interns or
trainees for which the shipper is not charged. Interns and trainees shall be
included and specified as such on the estimate of charges. Interns and trainees
shall be under the direct supervision of at least one experienced employee.
2) No household goods carrier shall knowingly permit drivers, interns,
trainees, helpers and/or packers to go on duty who are under the influence of
alcoholic beverages or liquors of any kind, or narcotics, or habit-forming
drugs not prescribed by a physician. Nor shall the use of these substances be
allowed while the employees are on duty. Knowledge by the carrier is deemed to
exist if known to the foreman or other manager of the crew.
b) Equipment Standards
1) Equipment and facilities utilized by a household goods carrier
for the transportation of household goods shall be maintained in a manner that
is sufficient to protect the goods from damage or breakage. The interior of
those vehicles used to transport household goods shipments shall be clean and
free from vermin and debris.
2) For shipments transported at hourly rates, the household goods
carrier shall determine the number of personnel, excluding carrier interns and
trainees for which the shipper is not charged, and the size and the number of
motor vehicle equipment that is appropriate to provide safe and timely
transportation services for the requested movement. If the carrier deviates
from its initial determination as stated in the carrier's written estimate, the
shipper shall not be charged for any resulting excess charges in unless the
shipper is informed and agrees in writing. A notation shall be placed on the
bill of lading indicating the number of personnel and motor vehicles initially
estimated and the number actually furnished and used for the move.
c) Advertising Standards
1) For purposes of this Section, the term
"advertisement" means any advertisement, solicitation, or other
communication with the public in relation to the offer or sale of Illinois
intrastate household goods transportation service. The term shall include
advertisement by radio, television, internet, computer media or any other
medium. The term shall not include a simple listing of household goods
carriers' names, addresses, and telephone numbers, as in a telephone directory.
2) Each household goods carrier shall include, and shall require
each of its agents to include, in every advertisement the full name of the
originating household goods carrier as it appears on the carrier's license from
the Commission. The advertisement shall also identify the carrier by showing
the characters "ILL.C.C.", "ILCC", "IllCC"
followed by the license number assigned to the household goods carrier by the
Commission.
3) Household goods carriers who are duly authorized agents for
other licensed carriers, including carriers operating under the jurisdiction of
the Federal Motor Carrier Safety Administration, may advertise and represent
themselves as such an agent.
4) The following advertising practices shall not be conducted by
household goods carriers:
A) Household goods carriers shall not advertise rates unless the
following caveats are included in the advertisement:
i)
"Rates effective (date), subject to change"; and
ii) "Actual charges governed by applicable tariffs, this
advertisement notwithstanding";
B) Household goods carriers shall not misrepresent the scope of
services offered and made available to the public under authority of the
license issued by the Commission;
C) Household goods carriers shall not advertise that their
operations are conducted at addresses or locations where duly authorized
employees are not on duty during all business hours. The location of a
telephone answering service does not constitute an address or location where
duly authorized employees are on duty;
D) Household goods carriers shall not advertise or otherwise offer
to provide insurance or storage of personal property for compensation unless
the carrier is duly licensed to engage in the offered activity by the
appropriate agency of the State of Illinois; and
E) No applicant for household goods authority shall advertise by
any means until authority to operate has been issued by the Commission.
5) No person without authority to operate as a household goods
carrier issued by the Commission shall advertise, solicit, or hold themselves
out as offering or selling Illinois intrastate transportation of household
goods service. Each day's continuance of a violation shall constitute a
separate violation.
d) Standards for Forms of Payment
1) Household goods carriers shall accept payment tendered in the
following forms:
A) Cash;
B) Cashier's check; or
C) Money order.
2) A household goods carrier may accept payment in other forms,
including personal checks and credit cards, if to do so does not result in a
practice that circumvents the statutory requirement that a carrier charge no
more or less than the rate in the applicable tariff. No household goods
carrier shall accept barter as payment.
3) A household goods carrier shall not refuse to accept any
ordinary form of payment unless, before rendition of the service, the carrier
has advised the shipper, in writing, that it would not accept payment in the
form tendered.
e) Notification of any delay in pickup or delivery shall be given
to the shipper by telephone, e-mail, fax, text, or other immediate electronic
means, or in person, at the carrier's expense, as soon as it becomes apparent
that the delay will occur, provided the shipper has given information
sufficient for the communication.
f) All household goods carriers shall hold themselves out to
provide a guaranteed delivery service at the tariff charge. The term
"guaranteed delivery" shall mean that a carrier providing service
shall perform delivery on a specified date.
g) No household goods carrier shall accept a shipment of
household goods for transportation that is subject to the minimum weight,
distance, or time provisions of the carrier's tariff without first having
advised the shipper of the minimum weight, distance, or time provisions.
Failure to advise the shipper, in writing, of the provisions shall void the
minimum rate application.
h) All household goods carriers shall maintain on file with the
Commission all required insurance coverage including, where applicable,
insurance in compliance with the Workers' Compensation Act [820 ILCS 305].
i) If a change is made to this Part that requires a household
goods carrier to amend its tariffs or forms, the household goods carrier shall
amend its tariffs and forms within 6 months after the effective date of the
amendment. The household goods carrier shall continue to charge the rates on
file with the Commission, and use forms consistent with those rates, until the
amended tariff is accepted by the Commission or until the 6-month period has
lapsed, whichever occurs first.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
SUBPART C: INSURANCE OR BOND COVERAGE
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.100 LICENSES CONDITIONED UPON COMPLIANCE WITH INSURANCE REQUIREMENTS
Section 1457.100 Licenses
Conditioned upon Compliance with Insurance Requirements
a) Whenever a household goods carrier is required to file and
maintain with the Commission evidence of currently effective insurance, the
household goods carrier shall not engage in intrastate commerce within the
borders of the State of Illinois unless there shall have been filed with and
accepted by the Commission a currently effective certificate of insurance as
prescribed by the provisions of Subpart C.
b) A license or registration issued by the Illinois Commerce
Commission to a household goods carrier 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 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.110 PROOF OF INSURANCE OR BOND COVERAGE
Section 1457.110 Proof of
Insurance or Bond Coverage
a) Household goods carriers shall file with the Commission
certificates of insurance or surety bond coverage in the amounts prescribed in
Sections 1457.120 and 1457.130.
b) Certificates of insurance shall state that the insurer has
issued to the household goods carrier a policy of insurance which by
endorsement provides insurance covering the obligations imposed upon the
household goods carrier under the laws of the State of Illinois.
c) Certificates of public liability and property damage insurance
shall be filed on Form E (Uniform Motor Carrier Bodily Injury and Property
Damage Liability Certificate of Insurance). Certificates of cargo damage
coverage shall be filed on Form H (Uniform Motor Carrier Cargo Liability
Certificate of Insurance). Cancellations of certificates of insurance shall be
filed on Form K (Uniform Notice of Cancellation of Motor Carrier Insurance
Policies).
d) Public liability and property damage surety bonds shall be
filed on Form G (Uniform Motor Carrier Bodily Injury and Property Damage
Liability Surety Bond). Cargo damage surety bonds shall be filed on Form J
(Uniform Motor Carrier Cargo Damage Liability Surety Bond). Cancellations of
surety bonds shall be filed on Form L (Uniform Notice of Cancellation of Motor
Carrier Surety Bonds).
e) The filing of proof of insurance or bond coverage with the
Commission shall constitute acceptance of the minimum terms required by this
Part or by statute and shall bind the insurance company.
f) 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 with the Commission. Household goods carriers shall submit a notice
of cancellation to the Commission no later than the effective date of
cancellation of the policy.
g) For Illinois domiciled carriers, and for Illinois licensed
intrastate carriers, regardless of domicile, coverage shall be executed by an
admitted insurance company authorized under the laws of the State of Illinois
to deliver commercial insurance contracts within the State.
(Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.120 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Section 1457.120 Public
Liability and Property Damage Coverage
The minimum amounts of public
liability and property damage insurance coverage required of all household
goods carriers shall be the amounts required by 49 CFR 387.303T "Security
for the protection of the public: Minimum limits", as that Part was in
effect on October 1, 2023. No later amendments or editions are incorporated.
(Source:
Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.130 CARGO DAMAGE COVERAGE
Section 1457.130 Cargo
Damage Coverage
a) Except as specified in subsection (b), 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 387.303T(c), "Household goods
motor carriers: Cargo liability", as that Part was in effect on October 1,
2023. No later amendments or editions are incorporated.
b) Waiver of Requirement. A household goods carrier 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
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 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.140 COLLECT ON DELIVERY (C.O.D.) BOND COVERAGE
Section 1457.140 Collect On
Delivery (C.O.D.) Bond Coverage
a) For purposes of this Section, a collect-on-delivery (C.O.D.)
shipment means a shipment upon which the consignor/shipper has attached, as a
condition of delivery, the collection of a specific sum or sums of moneys from
the consignee/receiver by the carrier making delivery and the return of those
moneys to the consignor or other payee named by the consignor.
b) No household goods carrier shall accept C.O.D. shipments
unless it has on file with the Commission proof of C.O.D. insurance or bond
coverage.
c) The minimum amount of C.O.D. insurance or bond coverage
required of a household goods carrier for each shipper or consignee for failure
of the carrier to remit payment of C.O.D. monies is $10,000.
(Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.150 SHIPPER VALUATION COVERAGE
Section 1457.150 Shipper
Valuation Coverage
a) A household goods carrier's liability for loss or damage to a
household goods shipment is limited to the greater of:
1) Sixty cents per pound per article; or
2) The lump sum value declared in writing by the shipper.
b) The shipper shall elect one of the options in subsection (a)
by initialing or signing next to the option selected either on the bill of
lading or on a separate attachment to the bill of lading. A shipper's election
of a lump sum value shall be effective only if the shipper has paid applicable
valuation charges. Otherwise, the shipper shall be deemed to have elected sixty
cents per pound per article.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.160 SHIPPER INSURANCE COVERAGE
Section 1457.160 Shipper
Insurance Coverage
a) Advertisement of Shipper Insurance.
1) Limited risk insurance. A household goods carrier, or its
employee, agent, or representative, shall not advertise or represent to the
public that insurance is provided against all risks, unless its insurance in
fact affords protection to the shipper from every peril to which the shipment
shall be exposed. When all except certain risks are insured against, this fact
shall be indicated in any advertisement and in any representations to shippers
regarding the insurance. Such advertising and representations shall not
deceive or mislead the public or any shipper regarding the scope of the
exceptions. Policies providing coverage against specific perils only shall be
advertised, represented, and designated as "limited-risk" policies or
by some other appropriate designation that indicates clearly to the shipper
that not all risks are covered.
2) Prerequisites to advertising insurance. No household goods
carrier or employee, agent or representative, shall sell, or offer to sell, or
procure for any shipper, any kind of insurance covering the loss of or damage
to household goods to be transported by the carrier unless the carrier is in
full compliance with the requirements of Article XXXI of the Illinois Insurance
Code and the rules implementing Article XXXI regarding licensing as a condition
precedent to the sale of insurance (50 Ill. Adm. Code 3101 through 3150).
b) Nothing in this Section shall prohibit a household goods
carrier from enrolling its shippers under a master inland marine insurance
policy issued to the carrier.
c) No household goods carrier may charge a shipper for insurance
unless the shipper agrees to the insurance, in writing, prior to the move.
d) Every household goods carrier selling insurance to a shipper
must furnish a copy of the insurance policy to the shipper prior to rendition
of the service. The insurance policy must include the name, address and
telephone number of the insurance company and/or the insurance company's agent
that the shipper may use in the filing of a claim for loss and damaged goods.
e) The household goods carrier must keep a copy of the insurance
policy as part of its records for the move. An original copy of the insurance
policy or certificate is to be filed with the issuing insurance company.
SUBPART D: SELF-INSURANCE
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.200 EFFECT OF QUALIFICATION AS SELF-INSURER
Section 1457.200 Effect of
Qualification as Self-Insurer
A carrier that 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 a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.210 MINIMUM REQUIREMENTS FOR SELF-INSURERS
Section 1457.210 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 a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.220 REPORTS TO BE FILED BY SELF-INSURERS
Section 1457.220 Reports to
be Filed by Self-Insurers
Each household goods carrier
authorized to be a self-insurer shall file a report with the Commission, not
later than the 20th day of each calendar quarter, listing all accidents,
injuries, and fatalities arising out of each carrier's operations within the State
of Illinois and claims filed against the 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
1457.210.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.230 REVOCATION OF AUTHORIZATION TO BE A SELF-INSURER
Section 1457.230 Revocation
of Authorization to be a Self-Insurer
a) Whenever, after inspection of reports filed pursuant to
Section 1457.220, the Commission finds that a carrier no longer meets the
minimum requirements of Section 1457.210 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
1457.220, 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 1457.220, 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 a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.240 REINSTATEMENT
Section 1457.240
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.
SUBPART E: RESOLUTION OF HOUSEHOLD GOODS DISPUTES
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.300 INTRODUCTION
Section 1457.300
Introduction
This Subpart implements the
Illinois General Assembly's charge to the Commission in P.A. 89-444 to specify
procedures for resolving disputes between household goods carriers and
shippers. The provisions of this Subpart are intended to establish a program
that provides a fair, fast, and inexpensive means of resolving the disputes
that inevitably arise between household goods carriers and their shippers, and
they shall be interpreted and applied to that end.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.310 DEFINITIONS
Section 1457.310 Definitions
For the purpose of this Subpart:
"Arbitration"
means the process by which a dispute, which has been voluntarily submitted by a
shipper to the Commission for resolution, is decided.
"Carrier"
or "household goods carrier" means a person or entity that engages in
the for-hire intrastate transportation of household goods.
"Dispute"
means a disagreement between a shipper and a carrier relating to the propriety
of charges for the services rendered, or loss of or damage to lading from the
loading, unloading, or transportation of the lading.
"Household
goods" means the personal effects and property used or to be used in a
dwelling, when a part of the equipment or supply of such dwelling.
"Mediation"
means the informal process, voluntarily agreed to by the shipper, by which a
carrier and shipper attempt to achieve a mutually satisfactory resolution of a
dispute with the assistance of a Commission-appointed mediator acting as a
neutral, impartial, third party.
"Shipper"
means a person who utilizes the services of a carrier for the transportation of
household goods.
(Source:
Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.320 SHIPPER-CARRIER NEGOTIATION
Section 1457.320
Shipper-Carrier Negotiation
Prior to involving the dispute
resolution procedures established by this Subpart, the shipper and carrier must
make a good faith attempt to resolve the underlying dispute. Disputes are
subject to the claims provisions of Subparts F and G of this Part. Commission
staff will, upon request, provide the parties with information necessary or
helpful in negotiating a resolution to the dispute or in following established
claim procedures.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.330 MEDIATION
Section 1457.330 Mediation
If a shipper and carrier are
unable to resolve a dispute, either party may request the Commission staff's
participation in the dispute resolution process as a mediator.
a) Both shippers and carriers are required to participate in
mediation in good faith. "Good faith participation" includes
participation by a representative of the carrier who has authority to agree to
settlement. However, the fact that a settlement is not achieved does not in
itself constitute evidence of lack of good faith participation.
b) Mediation may take any form or employ any process to which the
parties and the mediator agree. Mediation will terminate when the parties
reach an agreement about all issues in dispute, when the shipper withdraws as a
participant, or when the staff mediator determines that there is no reasonable
likelihood that the parties will reach an agreement on any issues remaining in
dispute.
c) At the conclusion of mediation, the staff mediator will
prepare a memorandum for the parties reflecting the terms of their agreement.
If any issues remain unresolved, the staff mediator will give the parties a
written opinion as to the merits of the issues remaining in dispute, based on
the information available to the staff mediator and the applicable law. The
opinion expressed by the staff mediator shall not be binding on the Commission.
(Source: Amended at 31 Ill.
Reg. 3156, effective March 1, 2007)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.340 ARBITRATION
Section 1457.340 Arbitration
If some or all of the issues in
dispute between a shipper and a carrier remain unresolved after mediation, the
shipper may request arbitration of the dispute by a Commission arbitrator,
appointed by the Commission. Carriers are deemed to join in a request for
arbitration submitted by a shipper.
a) To commence arbitration, a shipper must sign and submit an
Agreement to Arbitrate form obtained from the Commission, along with an
arbitration fee of $25. When a shipper submits a form, the carrier and shipper
agree to abide by the terms of the arbitration award.
b) The Agreement to Arbitrate will specify that the arbitration
award will be based solely on written submissions, documents and exhibits,
unless the arbitrator and both parties agree to an oral hearing. The
Commission will serve a copy of any submissions from one party on the other
party.
1) Along with a signed Agreement to Arbitrate, the shipper shall
submit two copies of a statement setting forth a brief description of the
issues in dispute and its positions and arguments on the issues, accompanied by
two copies of whatever documents, exhibits or other written submissions the
shipper believes to be relevant to those issues.
2) Within 10 business days after the Commission has sent the
Agreement to Arbitrate and shipper's submissions to the carrier, the carrier
may submit two copies of a statement and other written submissions responding
to the shipper's submissions and setting forth its own positions and arguments
about the issues in dispute.
3) Within seven business days after the Commission has sent the
carrier's submissions to the shipper, the shipper may submit 2 copies of a
reply to the carrier's submissions.
c) Within 10 business days after the time for receiving the
shipper's reply, the Commission arbitrator shall prepare, sign, and send to the
parties a written award disposing of all issues in dispute. The award shall
include a brief statement of the findings of fact made by the arbitrator and
the basis for the award.
d) Unless otherwise provided by this Section, proceedings under
this Section shall be governed by the provisions of the Uniform Arbitration Act
[710 ILCS 5].
(Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
SUBPART F: CLAIMS FOR OVERCHARGES OR DUPLICATE PAYMENT
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.400 DEFINITIONS
Section 1457.400 Definitions
"Claimant" means any shipper, receiver, or
authorized agent filing a request with a carrier for loss of or damage to the
household goods shipment, or for the refund of an overcharge or duplicate
payment.
"Duplicate payment" means 2 or more payments for transporting
the same shipment. Where one or more payments is not in the exact amount of the
applicable rates and charges, refunds shall be made on the basis of the excess
amount over the applicable rates and charges.
"Overcharge" means charges and payments for
transportation services in excess of those applicable under tariffs or
schedules lawfully on file with the Commission. It also includes
"duplicate payments" as defined in this Section when a dispute exists
between parties concerning the charges. "Unidentified payment" means
a payment that a carrier has received but that the carrier is unable to match
with its own open accounts receivable or otherwise identify as being due for
the performance of transportation services.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.405 FILING OF CLAIMS
Section 1457.405 Filing of
Claims
a) A claim shall not be paid unless filed in writing with the
household goods carrier that collected the transportation charges. The
household goods carrier collecting the payment for the shipment shall be the
carrier to process all claims. When a claim is filed with another carrier
that participated in the transportation, that carrier shall transmit the claim
to the collecting carrier within 15 days after receipt of the claim. If the
collecting carrier is unable to dispose of the claim for any reason, the claim
may be filed with or transferred to any participating carrier for final
disposition.
b) A single claim may include more than one shipment provided the
claim on each shipment involves:
1) The same rate publication issue or authority or circumstances;
2) Single-line service by the same carrier; or
3) Service by the same interline carriers.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.410 DOCUMENTATION OF CLAIMS
Section 1457.410
Documentation of Claims
a) Claims shall include the name of the claimant, the claims file
number if any (see Section 1457.420), and the amount of the refund sought to be
recovered. Claims for overcharge shall be accompanied by the original or a
shipper-certified copy of the bills of lading and payment documents, unless
the originals were not paper documents. Additional information may include,
but is not limited to, the following:
1) The rate, classification or commodity description or weight
claimed to have been applicable;
2) Complete tariff authority for the rate, classification or
commodity description claimed; and
3) Other documents or data the claimant believes substantiate the
basis for its claim.
b) Claims for duplicate payment shall be accompanied by the
original or a shipper-certified copy of the bills of lading for which charges
were paid and payment documents, unless the originals were not paper documents.
c) Not withstanding subsections (a) and (b) of this Section, the
failure to provide sufficient information and documentation to allow a carrier
to conduct an investigation and pay or decline the claim within the allowable
time limitation shall not constitute grounds for disallowance of the claim.
Rather, the carrier shall comply with Section 1457.415(c) to obtain the
additional information required.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.415 INVESTIGATION OF CLAIMS
Section 1457.415
Investigation of Claims
a) Upon receipt of a written claim, the processing carrier shall
initiate an investigation and establish a file, as required by Section
1457.420.
b) If a carrier discovers an overcharge or duplicate payment that
has not been the subject of a claim, it shall, within 10 days, initiate an
investigation and comply with the provisions of Section 1457.435.
c) In the event the carrier processing the claim requires
information or documentation in addition to that submitted with the claim, the
carrier shall, within 10 days, notify the claimant and specify the additional
information requested. This includes notifying the claimant that a written
claim must be filed before the carrier becomes subject to the time limits for
settling a claim under Section 1457.430.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.420 CLAIM RECORDS
Section 1457.420 Claim
Records
At the time a claim is received,
the carrier shall create a separate file and assign it a consecutive claim file
number. The written claim shall be placed in this file. The carrier shall note
the claim file number on all documents filed in support of the claim and on all
records and correspondence with respect to the claim, including the written
acknowledgment of receipt required by Section 1457.425. If pertinent to the
disposition of the claim, the carrier shall also note that number on the
shipping order and any delivery receipt covering the shipment involved.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.425 ACKNOWLEDGMENT OF CLAIMS
Section 1457.425
Acknowledgment of Claims
Upon receipt of a written claim,
the carrier shall acknowledge its receipt in writing to the claimant within 30
days after the date of receipt. The carrier shall include the date of receipt
in its written acknowledgment and shall also enter this date on the face of the
written claim.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.430 DISPOSITION OF CLAIMS
Section 1457.430 Disposition
of Claims
a) Within 60 days after its receipt by the carrier, the
processing carrier shall pay, decline to pay, or make a written firm offer to
be held open for 30 days to settle, each written claim, except where both the
claimant and the carrier agree in writing to extension of time for a definite
period.
b) If the carrier declines to pay a claim or makes a firm offer
to settle in an amount different from that sought, the carrier shall give the
claimant written notice of its action and reasons for its action, citing tariff
authority or other pertinent information developed as a result of its
investigation. The carrier shall give notice within the time period specified
in subsection (a).
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.435 DISPOSITION OF UNIDENTIFIED PAYMENTS, OVERCHARGES, AND DUPLICATE PAYMENTS NOT SUPPORTED BY CLAIMS
Section 1457.435 Disposition
of Unidentified Payments, Overcharges, and Duplicate Payments Not Supported by
Claims
a) If a carrier does not have sufficient information with which
to determine whether a payment is owed to the carrier or is in the proper
amount, the carrier shall notify the payer of the unidentified payment within
60 days after receipt of the payment and request information that will enable
the carrier to make the determination. If the carrier does not receive the
information requested within 90 days from the date of notice, the carrier may
treat the unidentified payment as a payment in fact of charges owing to it,
except that following the 90-day period, the regular claims procedure under
this Part shall be applicable.
b) Notice of unidentified payment, overcharges, and duplicate
payments not supported by claims.
1) Notices shall be in writing and clearly indicate that it is a
final notice and not a bill.
2) Notice shall include:
A) The check number, amount, and date;
B) The payer's name; and
C) Any additional information the carrier is able to provide,
such as copies of any materials, invoices, or letters sent with the
unidentified payment.
3) The final notice also must inform the payer that:
A) Applicable regulations allow the carrier to conditionally
retain the payment as revenue in the absence of a timely response by the payer;
and
B) Following the 90-day period the regular claims procedure shall
be applicable.
c) Multiple Carrier Claims
1) When a carrier that participated in a transportation movement,
but did not collect the transportation charges, finds that an overpayment has
been made, that carrier shall, within 10 days, notify the collecting carrier.
2) When the collecting carrier (whether single or joint-line)
discovers or is notified by a participating carrier that an overcharge or
duplicate payment exists for any transportation charge that has not been the
subject of a claim, the carrier shall create a file as if a claim had been
submitted and shall record in the file the date it discovered or was notified
of the overpayment.
3) The carrier that collected the charges shall then refund the
amount of the overpayment to the person who paid the transportation charges or
to the person that made duplicate payment within 30 days from the date of the
discovery or notification.
SUBPART G: CLAIMS FOR LOSS OR DAMAGE
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.440 DEFINITIONS
Section 1457.440 Definitions
"Claimant" means any
shipper, receiver, or authorized agent filing a request with a carrier for loss
of or damage to the household goods shipment, or for the refund of an
overcharge or duplicate payment.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.450 LIMITATIONS FOR FILING A CLAIM
Section 1457.450 Limitations
for Filing a Claim
a) Any limitation for the filing of claims for loss or damage to
a shipment must allow at least 90 days after the shipment is delivered or
scheduled to be delivered for the filing of a claim by the shipper with the
carrier.
b) Any limitations on the filing of suits by the shipper for loss
or damage to a shipment must allow at least 2 years from the date of written
notice by the carrier that it declined to pay the claim.
(Source: Amended at 31 Ill.
Reg. 3156, effective March 1, 2007)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.455 REQUIREMENTS FOR FORM AND CONTENT OF CLAIMS
Section 1457.455
Requirements for Form and Content of Claims
a) A household goods carrier shall not voluntarily pay a claim
for loss, damage, injury, or delay to cargo unless the claimant files a written
claim with the carrier within the time limits required by Section 1457.450, the
terms of the bill of lading or other contract of carriage, and all applicable
tariff provisions.
b) A written communication filed by a claimant with a carrier
will be considered to comply with the provisions for filing claims in the bill
of lading or other contract of carriage if it:
1) Contains facts identifying the shipments or property involved;
2) Asserts liability for alleged loss, damage, injury or delay;
and
3) Makes claim for the payment of a specified or determinable
amount of money.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.460 DOCUMENTS NOT CONSTITUTING CLAIMS
Section 1457.460 Documents
Not Constituting Claims
a) A household goods carrier shall not accept the following items
as complying with the minimum claim filing requirements specified in Section
1457.455(b):
1) Appraisal reports of damage or notations of shortage or damage
that are entered on freight bills, delivery receipts, or other documents; or
2) Inspection reports issued by a carrier or its inspection
agencies.
b) The items listed in subsection (a) do not by themselves
comply with Section 1457.455(b) regardless of whether the extent of loss or
damage is indicated as a monetary sum or otherwise.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.465 CLAIMS FILED FOR UNCERTAIN AMOUNTS
Section 1457.465 Claims
Filed for Uncertain Amounts
When a household goods carrier
is presented with a claim for an uncertain amount, such as "$100 more or
less," the carrier will determine the condition of the shipment involved
at the time it made delivery, if the shipment was delivered, and shall ascertain,
as nearly as possible, any extent of the loss or damage for which it may be
responsible. The carrier shall not, however, voluntarily pay a claim under
such circumstances unless and until a written claim for a specified or
determinable amount of money has been filed in accordance with the provisions
of Section 1457.455(b).
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.470 MULTIPLE LOSS AND DAMAGE CLAIMS FOR THE SAME SHIPMENT
Section 1457.470 Multiple
Loss and Damage Claims for the Same Shipment
If a household goods carrier
investigating a claim discovers that a similar claim on the same shipment has
been presented to one or more other carriers or that more than one claimant has
filed a claim with respect to the same shipment, the carrier will communicate
with each other carrier and, prior to any agreement being entered into as to
the proper disposition of the claim or claims, will notify all claimants of the
receipt of conflicting or overlapping claims. The carriers will require each
claimant to supply further substantiation of its title to the subject property
or its right with respect to the claim.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.475 ACKNOWLEDGEMENT OF LOSS OR DAMAGE CLAIMS
Section 1457.475
Acknowledgement of Loss or Damage Claims
Upon receipt of a written claim,
a household goods carrier will acknowledge the receipt of the claim in writing
to the claimant within 30 days after the date of its receipt by the carrier.
The carrier shall include the date of receipt on its written acknowledgment and
shall also enter this date on the face of the written claim. The carrier will
indicate in its acknowledgement to the claimant any additional documentary
evidence required by Section 1457.485(b) or other pertinent information that it
may require to process the claim as required by Section 1457.455.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.480 LOSS OR DAMAGE CLAIM RECORDS
Section 1457.480 Loss or
Damage Claim Records
a) At the time a claim is received, the household goods carrier
shall create a separate file and assign a consecutive claim file number. The
carrier shall note that number on all documents filed in support of the claim
and all records and correspondence with respect to the claim, including the
written acknowledgement of receipt.
b) At the time a claim is received, the household goods carrier
shall record the date of receipt on the face of the claim document. The date
of receipt shall also appear in the carrier's written acknowledgement of
receipt to the claimant.
c) The household goods carrier shall note the claim file number
on the bill of lading, shipping order, if in its possession, and any delivery
receipt covering the shipment, unless:
1) All information contained in bills of lading, shipping orders,
delivery receipts, tally sheets, and all other pertinent records made with
respect to the transportation of the shipment on which claim is made is
available for examination upon receipt of a claim;
2) All records and documents (or complete reproductions) are in
fact examined in the course of the investigation of the claim and an
appropriate record is made that the examination has in fact taken place; and
3) This procedure causes the duplicate or otherwise unlawful
payment of claims.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.485 INVESTIGATION OF LOSS OR DAMAGE CLAIMS
Section 1457.485
Investigation of Loss or Damage Claims
a) A household goods carrier shall investigate each claim filed
against it in the manner prescribed in this Subpart if the carrier has not
already investigated it prior to receipt of the claim.
b) Supporting documents.
1) Each claim must be supported by the original or a
shipper-certified copy of the bill of lading, any evidence of the charges, and
the invoice (or an extract of the invoice).
2) The claim must also be supported by certification of prices or
values, with any trade or other discounts, allowance, deductions of any nature
and the terms thereof, or depreciation reflected in the certification.
3) Before voluntarily paying a claim, the household goods carrier
shall require the claimant to provide written certification of the destination
value of a shipment where:
A) The property involved in a claim has not been invoiced to the
consignee shown on the bill of lading;
B) An invoice does not show price or value;
C) The property involved has not been sold; or
D) The property has been transferred at bookkeeping values only.
c) When, after investigation, a household goods carrier is unable
to authenticate an asserted claim for loss of an entire package or an entire
shipment, the carrier shall obtain from the consignee of the shipment involved
written certification that the property for which the claim is filed has not
been received from any other source.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.490 DISPOSITION OF LOSS OR DAMAGE CLAIMS
Section 1457.490 Disposition
of Loss or Damage Claims
a) When a household goods carrier receives a written claim for
loss, damage, injury, or delay to property transported, it shall pay, decline,
or make a written firm offer to be held open for 30 days to settle to the
claimant within 120 days after receipt of the claim by the carrier, except
where the claimant and the carrier agree in writing to an extension of time for
a definite period.
b) If the carrier declines to pay a claim or makes a firm offer
to settle in an amount different from that sought by the claimant, the carrier
shall give the claimant written notice of its action and reasons for its
action. The carrier shall give written notice within the time specified in
subsection (a).
c) If the carrier cannot process and dispose of the claim within
120 days after receipt, the carrier will, at that time and at the expiration of
each succeeding 60 day period while the claim remains pending, provide the
claimant with written notice of the status of the claim and the reason for the
delay in making final disposition. The carrier shall retain a copy of the
notice to the claimant in its claim file.
d) If the carrier notifies the claimant that it cannot process
and dispose of the claim within 120 days after receipt, the claimant may elect
to extend the time as provided in subsection (a) or may treat the notice as
notice that the carrier has declined to pay the claim. The claimant will be
deemed to have elected to treat the notice as notice that the carrier has
declined to pay the claim, unless it notifies the carrier otherwise within 15
days after receipt of the carrier's notice.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.495 PROCESSING OF SALVAGE
Section 1457.495 Processing
of Salvage
a) Whenever a household goods carrier transports property that is
not accepted by the owner, consignee, or other person entitled to receive the
property after tender of the property, the carrier shall undertake to sell or
dispose of the property. The carrier shall remit the net proceeds of the sale
or other disposal of the property to the person entitled to receive the
property within 15 days after sale or disposal.
b) The household goods carrier shall give 15 days notice to the
owner, consignee, or other person entitled to receive the property of its
intent to dispose of the property before selling or otherwise disposing of the
property. Unless the owner, consignee, or other person entitled to receive the
property notifies the carrier in writing within 15 days that it will accept
delivery of the property, the carrier will then be able to sell or otherwise
dispose of the property. The carrier may promptly sell perishable goods to
prevent deterioration or further deterioration.
c) The household goods carrier shall make an itemized record of
the sale or disposal of the property so that it can correlate the property to
the shipment involved and any claim filed concerning the property. The carrier
shall also assign to each lot of property a consecutive lot number and record
that number on its record of the shipment.
d) Upon receipt of a claim on a shipment for which salvage has
been processed in compliance with this Section, the carrier will record in its
claim file the lot number assigned, the amount of money recovered from the
disposition of the property, the name and address of the person to whom the
proceeds were paid, and the date of transmittal of the money to the person or
persons entitled to receive the money. That information shall be included in
the carrier's acknowledgment of the claim.
e) Whenever a household goods carrier sells or otherwise disposes
of property through or to a person in which the carrier or one or more of its
owners, directors, officers, partners, managers, employees, or agents has any
interest, the carrier shall indicate the details of the transaction and
relationship in its salvage records. The carrier shall not sell or otherwise
dispose of property to or through any person owned, controlled, or operated by
or in common with the carrier.
SUBPART H: ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.500 GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
Section 1457.500 Generally
Accepted Accounting Principles
a) All Illinois Commerce Commission licensed common or contract
household goods carriers, and each receiver, trustee, executor, administrator,
or assignee of any carrier shall comply with generally accepted accounting
principles for use in the keeping and recording of their accounts and
bookkeeping records.
b) As generally accepted accounting principles, the Commission
incorporates by reference "Accounting Standards" of the Financial
Accounting Standards Board (June 2000, no later amendments or editions included).
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.510 RECORDS
Section 1457.510 Records
a) Each carrier shall keep its general accounting books and all
other books, records and memoranda that support in any way the entries to those
accounting books and analyses of general ledger account balances so that it can
furnish at any time full information as to any account. Moreover, it shall
support each entry to each account with detailed information as will provide a
ready analysis and verification of the facts recorded in those materials. All
expenditures must be definitely supported by vouchers, payrolls, receipted
bills, canceled checks, receipts for petty cash payments, or other evidence of
the expenditures incurred. All revenues must be supported by bills of lading,
freight bills or, in the case of income from a lessee, other documentation that
evidences the revenue received.
b) The books referred to in this Subpart include not only books
of account in a limited technical sense but all other correspondence,
memoranda, including but not limited to computer files, electronic memorandum
and computer databases, written estimates, weight tickets, storage inventory
sheets and storage contracts, insurance and valuation documentation, loss and
damage claim documentation, claim register, etc., that will be useful in
developing the history of or facts regarding any transaction.
c) Every household goods carrier engaged directly or indirectly
in any other than a transportation business shall keep separate and distinct
records for the transportation operation.
d) Each carrier shall keep its books on the basis of an
accounting year of 12 months ending on the 31st day of December of each year.
e) Such books, accounts, records or memoranda shall be preserved
for a period of at least 3 years.
f) Unless otherwise authorized by the Commission in writing, each
household goods carrier shall have an office in this State and shall keep in
that office all books, accounts, papers, records, and memoranda listed in this
Subpart.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.520 EXAMINATION AND AUDIT
Section 1457.520 Examination
and Audit
Officers and employees of the
Commission shall have the authority under the direction of the Commission to
inspect, examine, copy and reproduce any and all books, accounts, papers,
records and memoranda kept by a motor carrier, authorized personnel or motor
carrier agent, with or without prior notice to the authority holder.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.530 ANNUAL REPORT FILING REQUIREMENT
Section 1457.530 Annual
Report Filing Requirement
Each household goods carrier
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 Household Goods Carrier Annual Report Form.
SUBPART I: BILLS OF LADING OR OTHER FORMS
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.600 BILLS OF LADING AND FREIGHT BILLS
Section 1457.600 Bills of
Lading and Freight Bills
a) Issuance of the bill of lading. At the time a shipment is
picked up, all carriers shall issue a bill of lading indicating the commodities
transported, the weight or other unit used to compute freight charges, the
points of origin and destination, and the names of the consignor and consignee.
b) Information required on the bill of lading. Whenever a bill
of lading is issued in compliance with subsection (a) of this Section, the
carrier shall show, in addition to the information specified in subsection (a),
the following information:
1) The names of the carriers participating in the transportation
of the shipment;
2) The name, physical address, and telephone number of the office
of the carrier who should be contacted in relation to the shipment, should
there be a need for contact;
3) The name, physical address, and telephone number of a person
to whom notification provided for in Section 1457.90(e) shall be given, except
when this cannot be obtained from the shipper;
4) With regard to pickup and delivery the:
A) Agreed pickup date;
B) Actual pickup date;
C) Agreed delivery date or the agreed period of time within which
delivery of the shipment is expected at the final destination;
5) The estimated maximum amount the carrier will demand to obtain
release of the carrier's lien and delivery of the shipment, subject to final
charges on the freight bill;
6) Specifies, for hourly rated shipments, the number of pieces of
equipment, personnel, and hourly rate used for the transportation of the
shipment;
7) Specifies, for hourly rated shipments, loading and unloading
start and end times to determine the number of hours including travel time for
the transportation of the shipment;
8) Specifies, for weight rated shipments, the weight, distance,
and the rate for the transportation of the shipment;
9) Includes the description and charges for any accessorial
services, including packing, packing materials, valuation, storage, warehouse,
handling, or other charges contained within the carrier's lawfully filed
tariffs;
10) A statement that the carrier's maximum liability for loss or
damage to shipment is limited to the lump sum value declared by the shipper on
the bill of lading or an attachment thereto, provided the shipper has paid
applicable valuation charges, or 60 cents per pound per article.
c) Issuance of a freight bill. After rendition of the service,
all carriers shall issue to the person responsible for payment of freight
charges a freight bill indicating the total charge for transportation service.
d) The bill of lading and the freight bill may be combined in a
single document.
e) The bill of lading and freight bill shall each be consecutively
numbered.
f) Bill of lading contract terms. The contractual provisions
governing shipments under this Part shall include, as implied terms, the
provisions in the governing tariffs of each carrier.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.610 ESTIMATE OF CHARGES
Section 1457.610 Estimate of
Charges
a) Estimates of the charges in relation to the transportation of
household goods shall be based upon an in-person or virtual inspection of the
goods or upon a shipper's description of the goods, by telephone or other
means, confirmed in writing prior to rendition of the service.
b) Estimates of the charges in relation to the transportation of
household goods shall be on a Commission approved household goods estimate
form. The Commission shall approve any form that:
1) Is identified at the top of the first page as an
"Estimate of Charges";
2) Identifies on the first page the name of the carrier as it
appears on its Commission license, the address of the carrier at which
employees of the carrier are on duty during business hours, and the telephone
number of the carrier;
3) Identifies on the first page the name of the shipper and
receiver and the addresses at which the goods are to be picked up and
delivered;
4) Specifies the number of pieces of equipment and personnel to
be used for the transportation of the shipment (carrier, interns, or trainees
for which the shipper is not charged shall be included and specified as such);
5) Specifies, for hourly rated shipments, the number of hours,
including travel time, estimated for the transportation of the shipment;
6) Specifies, for weight rated shipments, the weight and distance
estimated for the transportation of the shipment;
7) Includes the description and estimated charges for any
accessorial services, including packing, packing materials, valuation, storage,
warehouse handling or other charges contained within the carrier's lawfully
filed tariffs;
8) Specifies the total estimated cost for the transportation of
the shipment;
9) Contains an area where the carrier can verify, by initial or
other mark, that a copy of the Commission's consumer guide to household goods
moves was provided to the shipper; and
10) Does not contain provisions contrary to this Part.
c) A copy of the estimate, signed by the carrier, shall be
delivered to the shipper before rendition of the service, and a copy shall be
maintained by the carrier as part of its records.
d) If the total tariff charges for any shipment exceed the
estimated charges plus 10%, the shipper shall become entitled to credit terms
from the carrier tendering the shipment for delivery to cover that portion of
the total charges that exceeds 110% of the estimated charges. The carrier, in
such event, shall advise the shipper that the shipper has up to 30 days to pay
these additional charges amounting to the balance between the applicable tariff
charges and the estimate for the move plus 10%.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.620 INVENTORY FORMS
Section 1457.620 Inventory
Forms
a) Definitions. As used in this Section, the term
"intercity" means transportation other than "short haul".
As used in this Section, the term "short haul" means transportation
from the point of origin to the final destination of not more than 50 miles,
except that moves which begin and end within the area covered by the counties
of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will shall be considered
"short haul".
b) Each carrier shall, prior to loading at the point of origin,
prepare a written, photographic, or videographic inventory of each intercity
shipment and of each shipment for which any type of storage service is
requested. A written, photographic, or videographic inventory shall also be
prepared for short haul movements at the request of the shipper, provided the
shipper agrees to pay the tariff rate for preparation of an inventory. The
carrier, however, shall not require the preparation of an inventory at the
shipper's expense for short haul movements.
c) A copy of the inventory, properly executed by both the carrier
and the shipper, shall be given to the shipper at the point of origin, prior to
loading. Another copy, properly executed by the carrier and the shipper, and
reflecting any changes in the number, nature, or condition of the lading, shall
be given to the shipper at the final destination, subsequent to unloading.
d) Information required on an inventory. Each inventory required
under this Section shall:
1) Show the name and current address of the carrier on file with
the Commission where its employees can be reached;
2) Show the shipper's name;
3) Show the point of origin and the final destination of the
shipment;
4) Include the carrier's description of the goods contained
within the shipment and the condition of those goods;
5) Provide a column for the shipper to note exceptions to the
inventory as prepared by the carrier;
6) Note any goods held by the carrier pending payment of charges;
and
7) Identify spaces for both the shipper and carrier to sign at
the point of origin and the final destination.
e) The shipper shall be permitted to make notations upon delivery
concerning the condition or absence of goods in the shipment, and shall be made
aware by the carrier that notations regarding the inventory are permitted upon
delivery.
f) The inventory shall be on a Commission-approved Household
Goods Inventory Form. The Commission shall approve a carrier's inventory form
if it meets the requirements of this Section and does not contain provisions
contrary to the Illinois Commercial Transportation Law or any Commission rules.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.630 STORAGE CHARGES
Section 1457.630 Storage
Charges
a) Upon receiving a request for storage service, the carrier
shall ascertain whether it is the intent of the shipper to have the shipment
stored in excess of 180 days. The storage service shall be treated as
permanent storage if the storage is in excess of 180 days or if the time period
of intended storage is indefinite. Only storage incidental to transportation
shall be deemed storage in transit.
b) Charges for storage in transit shall be stated in an amount
per 100 pounds per day or a fraction thereof.
c) Storage in transit rates need not be established by a carrier
that does not hold itself out to provide or arrange for storage in transit
service. Such a carrier, however, must publish in its tariff a statement that
it does not hold itself out to provide or arrange for storage services.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.640 DETERMINATION OF WEIGHTS
Section 1457.640
Determination of Weights
a) Each carrier shall determine the tare weight of each vehicle
used in the transportation of household goods to be rated on a hundred-weight
basis by having it weighed prior to the transportation of each shipment, at a
public scale, without the crew on the vehicle. Scales used shall be certified
by the Illinois Department of Agriculture. When weighed, the vehicle shall
contain all pads, chains, dollies, hand trucks, and other equipment needed in
the transportation of the shipment. After the vehicle has been loaded, it
shall be weighed, without the crew, at the point of origin of the shipment.
The net weight of the shipment shall be obtained by deducting the tare weight
from the loaded weight. Where no certified scale is available at the point of
origin, the loaded weight shall be obtained at the nearest public scale,
either in the direction of the movement of the shipment, or in the direction of
the next pickup or delivery in the case of part loads. Gross weight shall be
obtained on the same scale as the tare weight with no addition of fuel between
weighings.
b) If no certified scale is available at the point of origin, at
any point en route, or at the final destination, a constructive weight based
upon 7 pounds per cubic foot of properly loaded van space shall be used. That
constructive weight also shall be used for a part load where the circumstances
are such that its scale weight could not be obtained at the point of origin,
en route, or at the final destination without first unloading it or other part
loads being carried in the same vehicle.
c) Whenever weights are required to be obtained pursuant to this
Section, the carrier shall obtain a weight ticket, and this weight ticket shall
be maintained by the carrier as part of its record of the shipment. A copy of
the weight ticket shall be given to the shipper.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.650 INFORMATION PAMPHLETS FOR SHIPPERS
Section 1457.650 Information
Pamphlets for Shippers
Each carrier shall provide to
each non-commercial shipper, free of charge, and prior to rendition of service,
a copy of the Commission's consumer guide to household goods moves.
(Source: Amended at 31 Ill.
Reg. 3156, effective March 1, 2007)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.655 COMPLETION, EXECUTION, AND DELIVERY OF REQUIRED FORMS
Section 1457.655 Completion, Execution, and
Delivery of Required Forms
a) Any
form required by this Subpart may be completed, signed, and/or delivered in
printed or electronic format.
b) All
forms must comply with the provisions of this Part regardless of the medium in
which they are created, completed, and/or delivered.
c) If
a carrier uses electronic forms, the carrier shall utilize an electronic forms
software that logs timestamps for every change made to the form.
d) Upon
demand of law enforcement, the carrier shall present copies of all records
regardless of the medium in which they are kept.
1) If
the carrier is unable to present the documents due to lack of cellular coverage
or other technical difficulties, the carrier will be deemed to be operating
without the required documents and may be subject to a citation. Presentation,
at hearing, of copies of the records demanded shall, if no concurrent
violations of the Illinois Commercial Transportation Law or Commission rules or
orders are found, excuse the carrier from penalties under this Section.
2) The
use of a cellular phone or other type of portable electronic device to present
records does not constitute consent for law enforcement to access other
contents on the electronic device.
3) If
the carrier elects to present records electronically, the carrier assumes any
risk of accidental damage to the device.
(Source: Added at 49 Ill.
Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.660 RETENTION OF BILLS AND OTHER FORMS
Section 1457.660 Retention
of Bills and Other Forms
Bills of lading, written
estimates, inventory sheets, storage contracts and warehouse receipts, weight
tickets, insurance policies or other forms for each shipment transported under
the authority of a license issued by the Illinois Commerce Commission must be
kept as part of the records of the carrier for a minimum of 3 years.
SUBPART J: CAB CARDS AND IDENTIFIERS
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.700 CAB CARD/IDENTIFIER CARRYING REQUIREMENTS
Section 1457.700 Cab
Card/Identifier Carrying Requirements
Cab cards/identifiers shall be
executed, carried, or presented in satisfaction of the requirements of the
Illinois Commercial Transportation Law or this Part no earlier than December 1 preceding
the calendar year for which fees were paid, and no later than February 1 of the
calendar year for which the fees were paid.
(Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.710 EXEMPTION OF VEHICLES FROM CAB CARD REQUIREMENTS
Section 1457.710 Exemption
of Vehicles from Cab Card Requirements
a) Intrastate exchange of equipment between licensed carriers.
Where a vehicle owned by a licensed intrastate household goods carrier is
leased to another licensed intrastate household goods carrier, and the vehicle
carries a valid intrastate cab card issued to the carrier that owns the
vehicle, the vehicle need not carry a cab card/identifier issued to the carrier
to which the vehicle is leased.
b) Interstate compensated intercorporate hauling and
single-source leasing. Vehicles used in compensated intercorporate hauling or
that are leased, with driver, to private carriers for use in interstate
commerce are exempt from cab card and identifier requirements under Section
18c-4601 of the Law.
c) Temporary cards. An intrastate household goods carrier need
not hold or carry an Illinois intrastate cab card/identifier if the carrier has
been issued and carries a valid, current temporary cab card/identifier. An
interstate household goods carrier need not hold or carry a permanent cab card
with Illinois interstate identifier if the carrier has been issued and carries
a valid, temporary Illinois registration. A temporary card will be issued upon
request of the carrier and payment of the fee for the permanent cab
card/identifier.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.720 TRANSFER OF CAB CARD/IDENTIFIER
Section 1457.720 Transfer of
Cab Card/Identifier
a) If a household goods carrier discontinues the use of a vehicle
for which a current interstate cab card/Illinois interstate identifier has been
executed and provides a newly-acquired vehicle as a substitute, the carrier can
transfer the cab card/identifier by following the procedure in this subsection.
1) The carrier shall execute a new interstate cab card
identifying itself and the substitute vehicle and shall enter the appropriate
expiration date on the cab card;
2) The carrier shall enter the date on which it terminates use of
the discontinued vehicle in the space for the early expiration date on the cab
card; and
3) The carrier shall permanently attach the upper left-hand
corner of the cab card for the substitute vehicle to the upper left-hand corner
of the cab card for the discontinued vehicle so as to permit inspection of the
contents of both cards. At this point, the Illinois interstate identifier on
the cab card of the discontinued vehicle shall apply to the substitute vehicle.
b) Unless the carrier transfers a cab card/identifier as provided
in subsection (a), it shall destroy the cab card/identifier for a vehicle at
the time it discontinues use of the vehicle.
c) Transfer of an intrastate cab card/identifier is not
permitted.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.730 EXPIRATION, ALTERATION, AND REPLACEMENT OF CAB CARD/IDENTIFIER
Section 1457.730 Expiration,
Alteration, and Replacement of Cab Card/Identifier
a) Each household goods carrier shall destroy a cab
card/identifier immediately upon its expiration.
b) Any erasure, alteration, or unauthorized use of a cab
card/identifier shall render the cab card/identifier void.
c) If a cab card/identifier is lost, destroyed, mutilated or
becomes illegible, a new cab card/identifier shall be prepared and issued upon
the household goods carrier's application and the payment of the same fee
prescribed for the issuance of the original cab card/identifier (see Subpart
Q).
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.740 REVOCATION OF EXEMPTIONS UNDER SECTION 18C-4601(2) OF THE LAW
Section 1457.740 Revocation
of Exemptions under Section 18c-4601(2) of the Law
Exemptions granted under Section
18c-4601(2) of the Law shall be revoked only in accordance with procedures and
standards applicable to fee adjustments under Section 18c-1501(2) of the Law.
SUBPART K: CARRIER IDENTIFICATION
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.800 CARRIER IDENTIFICATION OF VEHICLES AND FORMAT
Section 1457.800 Carrier
Identification of Vehicles and Format
a) Except as specified in subsection (b), letters and other
characters used to comply with the carrier identification requirements of
Section 18c-4701 of the Law must be at least 2 inches high and ½ inch wide.
The characters must be in a color contrasting with the background color of the
vehicle so as to be distinguishable during daylight at a distance of 50 feet
while the vehicle is not in motion.
b) Letters and other characters used to comply with the carrier
identification requirements of Section 18c-4701(5) of the Law for vehicles
under 9,000 pounds gross vehicle weight must be at least ½ inch high and ⅛
inch wide. The characters must be in a color contrasting with the background
color of the vehicle so as to be distinguishable during daylight at a distance
of 25 feet while the vehicle is not in motion.
c) It is a violation of this Subpart to display more than one
identifier on the power unit of a vehicle. Identifier is defined as the
information used to comply with the carrier identification requirements set
forth in the Law and this Subpart.
d) The license number of the carrier, as it appears on the sides
of the vehicle in compliance with Section 18c-4701 of the Law, must be preceded
by ILL.C.C.
SUBPART L: EQUIPMENT LEASES
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.900 APPLICABILITY
Section 1457.900
Applicability
a) This Subpart applies to the following actions by household
goods carriers:
1) The leasing of equipment with which to perform transportation
regulated by the Commission.
2) The interchange of equipment between motor common carriers in
the performance of transportation regulated by this Commission, except with
regard to equipment used exclusively to provide transportation within counties
having a population in excess of 1,000,000 persons.
b) This Subpart does not apply to the following actions:
1) The leasing of equipment by persons whose principal business
is the leasing of equipment, without drivers, for hire, to the general public;
and
2) the leasing of equipment for use in interstate commerce.
c) The leasing of equipment with drivers to other than a licensed
household goods carrier is prohibited by Section 18c-4103(1) of the Law.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.910 DEFINITIONS
Section 1457.910 Definitions
"Addendum". A supplement to an existing lease.
"Authorized carrier". A person holding a household
goods carrier license from the Commission.
"Equipment". A motor vehicle, straight truck or
tractor.
"Lease". A written document vesting possession,
use, control and responsibility in the lessee during the periods the vehicle is
operated by or for the lessee.
"Lessee". In a lease, the party acquiring the use
of equipment, with or without driver, from another.
"Lessor". In a lease, the party granting the use
of equipment, with or without driver, to another.
"Owner". A person:
to whom title to equipment has been issued; or
who, without title, has the right to exclusive use of
equipment for a period longer than 30 days; or
who has lawful possession of equipment, registered and licensed
in any state in the name of that person.
"Permanent lease". A lease in which the authorized
carrier acquires the use of equipment, with or without driver, from an owner
for a period of 30 days or more.
"Shipper". A person who sends or receives property
that is transported in intrastate commerce.
"Sublease". A written document in which the lessee
grants the use of leased equipment, with or without driver.
"Trip lease". A lease in which the authorized
carrier acquires the use of equipment, with or without driver, from an owner
for a period of time less than 30 days.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.920 GENERAL LEASING REQUIREMENTS
Section 1457.920 General
Leasing Requirements
a) Leasing permitted only in compliance with this Subpart.
Authorized carriers may perform regulated transportation in equipment they do
not own only in accordance with this Subpart.
b) Written lease required. Each lease covered by this Subpart
must be in writing.
c) Parties and signatures. A lease subject to this Subpart must
be between the owner of the equipment (the lessor) and the licensed carrier to
which the equipment, with or without driver, is leased (the lessee). The lease
must be properly executed by each party or its authorized representative.
d) Filing and review requirements.
1) Filing requirement. The original and two copies of each
completed (properly executed and dated) lease to which this Subpart applies
must be filed with the Commission's Transportation Division at the following
address:
Illinois
Commerce Commission
Transportation
Division
527 East
Capitol Avenue
Springfield
IL 62701
2) Filing fee requirement. A filing fee as prescribed in Subpart
Q shall be remitted with each lease.
3) No operations shall be conducted under a lease to which this
Subpart applies until a copy of the completed lease has been filed with or
mailed to the Commission's Transportation Division.
4) Operations may be conducted under the lease after filing or
transmittal but before completion of review. A copy of the lease and an
attached affidavit stating that the lease has been transmitted to the
Commission, indicating the date of transmittal and stating that the lease is
under review, are to be carried in the vehicle covered by the lease.
e) Receipts for equipment. Receipts, specifically identifying
the equipment to be leased and stating the date and time of day possession is
transferred, shall be given as follows:
1) When possession of the equipment is taken by the authorized
carrier, it shall give the owner of the equipment a receipt.
2) When possession of the equipment by the authorized carrier
ends, it shall give the owner of the equipment a receipt.
f) Identification of equipment. Authorized carriers shall
identify the leased equipment as being in their service as follows:
1) During the period of the lease, the carrier shall identify the
equipment by attaching a placard with the identification of the lessee in
compliance with Section 18c-4701 of the Law;
2) During the entire period of the lease, a copy of the executed
lease shall be carried in each motor vehicle covered by the lease. The lease
must bear a Transportation Division stamp showing that the lease was approved
or that no deficiency was found or have attached to it the affidavit prescribed
in subsection (d)(4).
g) Records of equipment use. Authorized carriers shall keep
records of equipment use as follows:
1) General equipment use records. Each authorized carrier shall
prepare and keep documents covering each trip for which the equipment is used
in the carrier's service. These documents shall contain the name and address
of the owner of the equipment, the point of origin, the time and date of
departure, and the point of final destination. These documents shall be
preserved as part of the carrier's records.
2) Trip lease records. If the equipment is being leased for a
period less than 30 days, the authorized carrier shall carry a copy of the
lease records described in subsection (g)(1) in the leased equipment while it
is operated under the lease. Records carried in the vehicle must also identify
the lading.
3) Permanent lease records. If the equipment is being leased for
periods of 30 days or more, the authorized carrier may keep the records
identifying the lading at its terminals or principal office as part of its
records, rather than in the leased equipment.
h) A copy of the completed written lease shall be retained as
part of the carrier/lessee's records.
i) Cancellation. In the event that a carrier wishes to cancel a
lease prior to the expiration date, it may file a notice of cancellation at the
address for filing leases under Section 1457.920(d)(1). Otherwise, the lease
shall remain in effect for purposes of the Law until the expiration date, or
the date on which the lease expires by operation of Section 1457.940(a)(2),
whichever occurs first. No fee is required for filing a notice of
cancellation.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.930 ACTIONS AFFECTING LEASES
Section 1457.930 Actions
Affecting Leases
a) Revocation of carrier/lessee's license. In the event that the
license held by the carrier/lessee is revoked pursuant to Section 18c-1704 of
the Law, the lease shall remain in effect but all operations of equipment
subject to the lease must cease unless and until the license is reinstated by
order of the Commission.
b) Transfer of carrier/lessee's license. In the event that a
transfer as defined in Section 18c-1104 of the Law occurs:
1) The lease shall remain in effect and shall bind the transferee
if the name of the license holder is not changed by the transfer; or
2) The lease shall be void from the date the transfer is granted
if the name of the license holder is changed by the transfer, unless the
transferee files an amendment to the lease showing the change and showing that
it has assumed the obligations of the transferor under the lease. No filing
fee will be required for the filing of the amendments.
c) Carrier/lessee's name change. In the event that the
carrier/lessee undergoes a name change not associated with a transfer as
defined in Section 18c-1104 of the Law, the lease shall be void from the date
of the name change unless the carrier/lessee files an amendment to the lease
showing the changes and stating that the change is not associated with a
transfer. No filing fee will be required for the filing of the amendments.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.940 LEASE TERMS AND CONDITIONS
Section 1457.940 Lease Terms
and Conditions
a) Required terms and information. A lease subject to this
Subpart must specify the information set forth in this subsection.
1) Identifying information
A) Parties. The lease must show the full legal name of the
carrier/lessee, as it appears on the carrier's Commission license; the full
legal name of the equipment owner/lessor; and the mailing address of each,
including street address, city, state, and zip code.
B) Vehicle. The lease must show the type, make, year, and vehicle
identification number of the motor vehicle that is subject to the lease.
2) Term of the lease. The lease must specify the dates or the
circumstances that begin and end the term of the lease. The term of the lease
shall coincide with the times for giving receipts for the equipment as required
in Section 1457.920(e). The term of the lease shall not exceed 3 years.
3) Compensation to owner and drivers. The lease must specify
both the amount and the method of computing the compensation to be paid by the
carrier/lessee to the equipment owner. Compensation may be stated either
jointly or separately for equipment and drivers. The lease must also specify
any documents that must be presented by the lessor before he/she can receive
payment.
4) Responsibility for expenses. The lease must specify the
responsibility of the lessee and the lessor for payment of expenses incurred in
providing transportation service, either directly or through deductions
(chargebacks) from compensation specified in subsection (b)(3). Expenses not
expressly made the responsibility of the lessor shall be the responsibility of
the lessee. The lease must also specify any documents to be submitted by either
party in relation to payment or reimbursement of expenses. Expenses covered
under this subsection (a)(4) include:
A) Fuel costs;
B) Fuel and other taxes;
C) Empty mileage;
D) Licenses, permits plates, and decals of all types except
permits issued by the Commission;
E) Tolls and other fees, except those fees paid to the Commission;
F) Insurance and surety coverage (including responsibility for
primary insurance);
G) Rentals or other payments to the carrier; and
H) Any other expenses related to the transportation.
5) Supplemental insurance coverage. The lease must specify which
party is responsible for securing and paying for, either directly or
indirectly, any other insurance or surety coverage in addition to amounts
required by the Law or Subpart C of this Part. If the lessor purchases any
insurance from or through the lessee, the lessee shall provide the lessor, on
request, a copy of the policy and a certificate of insurance showing the name
of the insurance company, the policy number, amounts and types of coverage,
effective dates of coverage, deductible amounts, and the cost of the coverage.
6) Loss or damages. The lease must specify the conditions under
which the lessor may be required to indemnify the lessee for personal injury,
property damage, or loss of or damage to cargo. If indemnification is made
through deductions from compensation otherwise owed to the lessor, a written
itemization and explanation of deductions must be provided to the lessor before
any deductions are made.
b) Implied terms. The following terms, if not stated in a lease,
shall be implied. Any contrary provisions in the lease shall be void.
1) Exclusive possession and control. The lessee shall have
exclusive possession and control of leased equipment during all periods when
the equipment is operated under the lease. Such exclusive possession and
control shall extend also to the drivers of leased equipment.
2) Insurance coverage. The lessee shall have the responsibility
for securing insurance or surety coverage in compliance with the Law and
Subpart C of this Part.
3) Payment deadline. Payment of compensation due under a lease
must be made within 15 days after submission of any documents specified under
subsection (a)(3).
4) Pre-conditions to lease. The lessor is not required to
purchase, rent, or lease any goods (including equipment) or services from the
lessee as a condition of the lease or of entering into or not canceling the
lease.
5) Other obligations of lessee.
A) Copy of lease. Prior to commencement of operations under a
lease, the lessee shall provide the lessor a completed copy of the lease and
proof of its transmittal to the Commission.
B) Copy of rated freight bill. If compensation is based on
information shown on the bill, the lessee shall provide the lessor with a copy
of the rated freight bill at the time compensation for the movement is paid to
the lessor. The lessee may delete the names of shippers, consignors, and
consignees from the bill.
C) Examination of tariff. If the lessor requests, the lessee
shall allow an examination of its tariffs.
6) Any term of a lease that conflicts with the Illinois
Commercial Transportation Law or Commission rules is void.
(Source:
Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.950 LEASE FORM
Section 1457.950 Lease Form
All leases covered by this
Subpart shall include the Commission's Equipment Lease form.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.960 POSSESSION AND CONTROL OF LEASED EQUIPMENT
Section 1457.960 Possession
and Control of Leased Equipment
a) General requirement. The lessee of equipment used under
authority of a license issued by the Commission shall have exclusive possession
and control of the equipment while it is so used. Failure to exercise
supervision and control of the equipment constitutes an illegal transfer of
authority as set forth in Section 18c-4307 of the Law, making both the lessor
and lessee subject to sanctions provided by Section 18c-1704 of the Law.
b) Exceptions. The requirement of exclusive possession and
control does not apply to a lessee that, in turn, subleases the equipment to
another carrier, since the latter carrier has the obligation to supervise and
control the equipment. The requirement does, however, apply to the sublessee.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.970 ADDITIONAL REQUIREMENTS FOR TRIP LEASES BETWEEN AUTHORIZED CARRIERS
Section 1457.970 Additional
Requirements for Trip Leases between Authorized Carriers
Authorized carriers are
permitted to trip lease equipment to or from other authorized carriers only if:
a) The lessor owns the equipment or has possession and control of
the equipment under a lease of 30 days or more;
b) The lessee exercises exclusive supervision and control of the
equipment while it is operated under lessee's license; and
c) All other requirements of this Subpart are complied with.
SUBPART M: RATES BASED ON VALUE (RELEASED VALUE RATES); LINE-HAUL RATES; AND ACCESSORIAL OR TERMINAL CHARGES
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1000 AUTHORITY TO ESTABLISH RELEASED VALUE RATES
Section 1457.1000 Authority
to Establish Released Value Rates
a) Prior authority from the Commission is required to establish
released value rates.
b) Standards for granting or denying released value rate
applications. The Commission shall grant an application for authority to
establish rates based on value if the rate is agreed to by the shipper, based
on value declared by the shipper in writing, and is in compliance with 92 Ill.
Adm. Code 1225, except that the rate is based on value.
c) Additional authority not required to change rate levels.
Carriers authorized to establish rates based on value may change the level of
the rates without additional authority, provided that the commodities to which
the rates apply, the territory within which the rates apply, and other
provisions regarding application of the rates are not changed.
d) Limitation. A released value rate authorized by the
Commission applies to the specific shippers for which it was authorized.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1010 RELEASED RATE APPLICATION FORM
Section 1457.1010 Released
Rate Application Form
Applications for authority to
establish rates based on value shall be on the Commission's "Released Rate
Application" form. Forms are available from the Commission at its offices
in Springfield and Chicago.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1020 ESTABLISHMENT OF LINE-HAUL RATES
Section 1457.1020
Establishment of Line-haul Rates
a) "Line-haul" means transportation, not including
pick-up, delivery, and accessorial services.
b) All carriers under the Commission's rate jurisdiction are
required to establish rates in cents per 100 pounds, except as provided in
subsections (c) and (d).
c) Rates may be established per unit of time:
1) When the distance from the point of origin to the final
destination of a shipment is not more than 50 miles; or
2) When both the point of origin and the final destination of a
shipment are within the area covered by the counties of Cook, DuPage, Kane,
Kendall, Lake, McHenry, and Will; or
d) Shipments rated upon units of time shall, except as otherwise
provided in this subsection, be transported singly and not commingled with any
other freight. Where shipments rated upon units of time are commingled, the
burden shall be on the carrier to demonstrate that the charges for each
commingled shipment are not greater than the charges that would have applied if
the shipments had been transported singly and not commingled.
e) Rates need not be established in cents per 100 pounds, or per
unit of time, where the transportation is exempt from Commission rate
jurisdiction. Transportation is rate exempt when both the point of origin and
point of destination of a shipment are within the terminal area of a
municipality, unless both the origin and destination are within a county having
a population of 1,000,000 or more.
(Source: Amended at 49 Ill.
Reg. 1149, effective January 9, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1030 ACCESSORIAL OR TERMINAL SERVICE CHARGES
Section 1457.1030
Accessorial or Terminal Service Charges
a) Definitions. As used in this Section, the term
"intercity" means transportation other than "short haul".
As used in this Section, the term "short haul" means transportation
from the point of origin to the final destination of not more than 35 miles,
except that moves wholly within counties having a population of 1,000,000 or
more are not considered "short haul".
b) Each household goods carrier shall establish charges for each
accessorial or terminal service rendered in connection with line-haul transportation.
The tariffs containing such charges shall separately describe each service and
the charge therefor. Charges for packing and unpacking service shall be on a
physical unit basis. Charges for miscellaneous labor performed at the request
of the shipper shall be on an hourly basis.
c) Whenever the shipper specifically requests notification of the
actual weight and charges on an intercity shipment, the carrier shall comply
with the request immediately upon determining the actual weight and charges, by
telephone, fax, e-mail, text or other immediate electronic means, if
requested. The notification shall be made no later than 24 hours prior to the
time the shipment is offered by the carrier to the shipper for delivery at the
final destination, except where the shipment is in transit less than 24 hours.
(Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025)
SUBPART N: APPLICATIONS FOR APPROVAL OF TARIFF BUREAU AGREEMENTS
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1100 DEFINITION OF TARIFF BUREAU
Section 1457.1100 Definition
of Tariff Bureau
The term "tariff
bureau", when used in Subpart N and Subpart O, shall mean any conference,
association, committee, or other organization that engages in collective
ratemaking activities.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1110 CONTENTS OF APPLICATION
Section 1457.1110 Contents
of Application
Application for approval of a
tariff bureau agreement shall be verified and shall show:
a) The full and correct name, trade name, and business address
(street and number, city, state, and zip code) of the applicant; whether
applicant is a corporation, individual, or partnership; if a corporation, the
state of incorporation, and if a partnership, the names of the partners and
date of formation of the partnership.
b) The full and correct name and trade name of each carrier
participating in the agreement.
c) A detailed description of the tariff bureau, including its
organizational structure; the identities of its owners, officers and directors;
the services it provides; the territory within which it provides services; and
any relationship of a business nature between the tariff bureau and any other
transportation organization other than its participating carriers.
d) The facts relied upon to establish that the agreement will be
in the furtherance of the State transportation policy (see 625 ILCS
5/18c-1103).
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1120 REQUIRED EXHIBITS
Section 1457.1120 Required
Exhibits
There shall be filed with each
application the following exhibits:
a) A copy of the collective ratemaking agreement.
b) A copy of the constitution, bylaws, or other documents or
writings, specifying the organization's powers, duties, and procedures, unless
incorporated in the tariff bureau agreement itself.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1130 INDEPENDENT ACTION
Section 1457.1130
Independent Action
When independent action is
announced by a carrier participating in a tariff bureau agreement, and the
carrier requests that the tariff bureau publish the rates, the tariff bureau
shall give notice of and publish the rates in the same manner that the tariff
bureau gives notice of and publishes actions proposed under procedures for
collective ratemaking. No joint or collective procedures under the agreement
are thereby invoked.
SUBPART O: TARIFF BUREAU RECORDS AND REPORTS
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1200 ACCOUNTS
Section 1457.1200 Accounts
Accounts shall be kept by each
tariff bureau of all receipts and expenditures of moneys. All receipts and
expenditures of moneys shall be supported by original records or copies of
original records.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1210 RATEMAKING RECORDS
Section 1457.1210 Ratemaking
Records
Each tariff bureau shall
maintain, with regard to each rate proposal presented to or acted upon by the
tariff bureau, either as an independent action or collective action, a complete
file containing:
a) A copy of the rate proposal as received by the tariff bureau;
b) A copy of any response by the tariff bureau, participating
carriers, or others to the rate proposal;
c) An account of the processing and disposition of the rate
proposal; and
d) Any related documents in the possession of the tariff bureau.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1220 REPORTING REQUIREMENTS
Section 1457.1220 Reporting
Requirements
Each tariff bureau shall
complete and file with the Commission by May 15 of each year the Commission's
Tariff Bureau Annual Report form.
| TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1457
HOUSEHOLD GOODS CARRIERS
SECTION 1457.1230 PROHIBITION AGAINST PROTESTS BY TARIFF BUREAUS
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