(625 ILCS 5/18c-4102) (from Ch. 95 1/2, par. 18c-4102)
Sec. 18c-4102.
Exemptions from Commission Jurisdiction.
The provisions
of this chapter shall not apply to transportation, by motor vehicle:
(a) of mail exclusively for the United States Postal Service;
(b) of agricultural commodities, farm supplies, and other commodities
for sale by farm supply retail outlets, by an agricultural cooperative
association as defined in the Illinois "Agricultural Co-Operative Act" as
amended;
(c) of farm or dairy products, livestock, poultry, fruits and agricultural
products, by the producer thereof or by a producer on behalf of other producers
from farm to a farm, market, warehouse, dairy or shipping terminal, for which
no monetary compensation is paid or received;
(d) of livestock from farm to a farm market, farm to farm, or farm
market to a farm as long as the vehicle is not registered for a gross
vehicle weight that exceeds 28,000 pounds or a truck and trailer with a
registered combined gross vehicle weight that does not exceed 28,000 pounds;
(e) by farm tractors and any other motorized, self-propelled machinery
used in the production of agricultural commodities on a farm, where the
transportation is provided by the owner of the machinery or another farmer as
an incident to the business of farming;
(f) consisting of towing performed by any towing service pursuant to
the written order of a law enforcement official or agency in accordance
with Sections 4-201 through 4-214 of the Illinois Vehicle Code;
(g) of trespassing motor vehicles by a licensed commercial vehicle
relocator;
(h) of newspapers being delivered to residential subscribers or to
persons who will deliver the newspapers to residential subscribers;
(i) of waste having no commercial value to a disposal site for disposal;
(j) where the transportation is incidental to and within the scope of the
person's primary business purpose, and the primary business is other than
transportation;
(k) consisting of emergency transportation of a wrecked or disabled
vehicle. Further movements to an additional place of repair or storage are
not exempt under this subsection. Emergency transportation of wrecked or
disabled vehicles shall include the transportation, pursuant to written
authorization of law enforcement official if the owner is unavailable or
unable to make the request, of wrecked or disabled vehicles which might
otherwise constitute a public safety hazard along a street or highway, and
transportation of wrecked or disabled vehicles in other bona fide emergency
situations;
(l) consisting of transportation by a tow truck or rollback car
carrier equipped as a tow truck of a motor vehicle when requested by the owner;
(m) of waste from the facilities of the generator of the waste to a
recognized recycling or waste processing facility when the generator
receives no direct or indirect compensation from anyone for the waste and
when the transportation is by garbage trucks with self contained compacting
devices, roll off trucks with containers, or vehicles or containers
specially designed and used to receive separated recyclables, and when the
transportation is an interim step toward recycling, reclamation,
reuse, or disposal; and
(n) of potable water for human and livestock consumption transported
in containers of 1,600 gallons or less. This subsection
does not apply to vehicles transporting more than one container.
(Source: P.A. 86-564; 87-465; 87-531; 87-727; 87-768; 87-895; 87-1203;
87-1249 .)
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(625 ILCS 5/18c-4103) (from Ch. 95 1/2, par. 18c-4103)
Sec. 18c-4103.
Leasing.
(1) Prohibition Against Single-Source Leasing.
No private carrier shall lease any motor vehicle with driver,
nor shall any person lease a motor vehicle with driver to any
private carrier. Likewise, no person shall lease any motor
vehicle to any private carrier and either:
(a) Procure or exercise control over drivers of such |
| vehicles, directly or indirectly; or
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(b) Be responsible for or hold itself out to be
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| responsible for driver's wages, payroll, unemployment compensation, social security tax, income withholding tax or any other taxes or payments normally due by reason of the employer-employee relationship, or any other compensation to drivers.
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The provision of motor vehicles with drivers shall constitute
motor carrier operations subject to the licensing,
ratemaking, and other jurisdiction of the Commission under
this Chapter.
(2) Exclusive Use of Household Goods Contract Carrier Vehicles.
The prohibition against single source leasing in subsection
(1) of this Section shall not prohibit a household goods contract carrier
from providing motor vehicles, with drivers, for exclusive
use by a private carrier where:
(a) The private carrier is a contracting shipper;
(b) Operations conducted with such motor vehicles are
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| within the scope of the household goods contract carrier's authority;
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(c) The household goods contract carrier exercises
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| direct supervision and control of such motor vehicles and drivers; and
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(d) The lease does not have the effect of circumventing rate
or other provisions of this Chapter, Commission regulations
and orders.
This subsection shall apply regardless of whether the household goods
contract
carrier's permit expressly provides for the lease of vehicles,
with drivers, to contracting shippers.
(3) Equipment Leasing.
(a) Requirements for Content, Filing, and Carrying of
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| Leases. The Commission may prescribe requirements for the leasing of equipment, with driver, and of equipment without driver, to or by a motor carrier of property; provided that such regulations shall not encompass the leasing of equipment, without drivers, from a bona fide equipment leasing company to a motor carrier of property. Such leases shall be in writing, constitute the complete and exclusive statement of terms between the parties, specify the compensation for the lease and the duration of the lease, be signed by the parties thereto, be filed with the Commission, and be carried in each motor vehicle covered thereby, provided, however, that the Commission may exempt from the foregoing requirements leases between parties, all of whom hold public carrier certificates issued by the Commission. The provisions of this paragraph shall not apply to the interchange of equipment or drivers between carriers for use wholly within a county having a population of more than 1,000,000 inhabitants.
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(b) Direction and Control of Leased Equipment. It
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| shall be the responsibility of the license holder to exercise full direction and control of all equipment and personnel used in its operations. Equipment used in its operations must be owned by or under lease to the carrier.
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4104) (from Ch. 95 1/2, par. 18c-4104)
Sec. 18c-4104.
Unlawful Operations.
(1) Prohibition. Except as
provided in Article I of this Sub-chapter, and
subject to the provisions stated herein, it shall be unlawful
for any person to:
(a) Operate as an intrastate motor carrier of |
| property without a license from the Commission; or as an interstate motor carrier of property without a registration from the Commission.
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(b) Operate as an intrastate household goods carrier
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| in excess of the scope of a license issued to it by the Commission in regard to any of the following:
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1. hauling unauthorized commodities;
2. operating outside authorized territory; or
3. violating other restrictions.
(c) Operate, as an intrastate motor carrier of
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| property, any motor vehicle which does not carry a copy of a valid, current license issued by the Commission to such carrier; or operate, as an interstate motor carrier of property, any motor vehicle which does not carry a copy of a valid, current registration issued by the Commission to such carrier; or fail to produce such copy on request; provided that an authorized interstate motor carrier of property shall be exempted from the requirement that a copy of its registration be carried in each motor vehicle.
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(d) Operate, as an intrastate household goods
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| carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, for which a valid lease is not on file in compliance with Section 18c-4103 of this Chapter, Commission regulations and orders.
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(e) Operate, as an intrastate household goods
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| carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, which does not carry an executed copy of the lease required in paragraph (d) of this subsection; or fail to produce such copy on request.
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(f) Operate, as an intrastate motor carrier of
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| property, any motor vehicle for which the carrier has not executed a prescribed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle for which the carrier has not executed a prescribed interstate cab card, with current Illinois interstate identifier affixed or printed thereon.
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(g) Operate, as an intrastate motor carrier of
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| property, any motor vehicle which does not carry the properly executed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle which does not carry the properly executed interstate cab card, with current Illinois interstate identifier affixed or printed thereon.
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(h) Operate, as an intrastate or interstate motor
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| carrier of property, any motor vehicle which is not identified or is not properly identified in compliance with Section 18c-4701 of this Chapter, Commission regulations and orders.
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(i) Operate, as an intrastate motor carrier of
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| property, in violation of transfer requirements in Section 18c-4307 of this Chapter.
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(j) Provide, as an intrastate household goods
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| carrier, service at rates other than those contained in lawfully applicable tariffs or schedules for such service.
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(k) Otherwise operate as a motor carrier of property
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| in violation of any provision of this Chapter, Commission regulations and orders, or any other law of this State.
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(l) Aid or abet any other person in a violation of
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| this Chapter, Commission regulations or orders, by soliciting, receiving, or compensating service from a person not authorized to provide such service, or at other than lawful rates for such service, or otherwise.
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(2) Provisos.
(a) Presentation of Documents at Hearing as Defense.
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| Presentation, at hearing, of a copy of a current license or registration issued by the Commission to the carrier which was valid on the date the violation occurred shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from any penalties under paragraph (c) of subsection (1) of this Section. Presentation, at hearing, of an executed copy of the current lease in the form prescribed by and on file with the Commission shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from penalties under paragraph (d) of subsection (1) of this Section. Presentation, at hearing, of the required intrastate or interstate cab card, with the required Illinois intrastate or interstate identifier affixed or printed thereon, if valid on the date the violation occurred, and if no concurrent violations are found, shall excuse the carrier from penalties under paragraph (g) of subsection (1) of this Section.
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(b) Lease Form Prescribed by the Commission. A lease
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| shall, for purposes of paragraph (d) of subsection (1) of this Section, be deemed to be in the form prescribed by the Commission if it contains all provisions called for in the Commission-prescribed lease and does not contain any provisions inconsistent therewith.
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4105) Sec. 18c-4105. Indemnity agreement in motor carrier transportation contracts void. (a) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable. (b) As used in this Section: (1) "Motor carrier transportation contract" means a |
| contract, agreement or understanding covering:
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(A) The transportation of property for
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| compensation or hire by the motor carrier;
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(B) Entrance on property by the motor carrier for
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| the purpose of loading, unloading, or transporting property for compensation or hire; or
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(C) A service incidental to activity described in
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| (i) or (ii) above, including, but not limited to, storage of property.
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(2) "Promisee" means the promisee and any agents,
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| employees, servants, or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with promisee, and such motor carrier's agents, employees, servants or independent contractors directly responsible to the motor carrier.
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(c) This Section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment.
(Source: P.A. 96-697, eff. 8-25-09.)
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(625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)
Sec. 18c-4201. Licensing cases.
(1) Scope of Section.
The provisions of this Chapter relating to household goods carrier
licensing apply to applications:
(a) For a license authorizing a carrier to operate as |
| an intrastate household goods carrier;
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(b) To transfer a certificate, permit, or license or
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| to change the name on a certificate, permit, or license; and
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(c) To convert household goods contract carrier
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| authority to household goods common carrier authority.
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(2) Form and content of household goods carrier licensing applications.
Household goods carrier licensing
applications
shall be on such forms and contain such
information as may be prescribed by
the Commission, be verified under oath, and shall be
accompanied by the required filing fee.
(3) Public notice of applications.
(a) Review of applications prior to publication. The
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| Commission may provide for preliminary review of each application to determine if it is complete, if it gives adequate notice, and if the authority requested is unenforceably vague or otherwise contrary to the provisions of this Chapter.
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(b) Authorization to submit application for
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| publication. If the Commission determines after review that the application is defective in any respect, it shall promptly notify the applicant. No application shall be submitted to the official newspaper for publication until after it has been approved for publication, if the Commission has provided for preliminary review. If the Commission does not find that the application is defective, or if it finds that any defects have been removed by amendment, the applicant shall be permitted to submit the application to the official newspaper for publication. The Commission shall complete its review and notify the applicant within 15 days after filing of the application.
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(c) Additional notice prescribed by the Commission.
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| The Commission may direct applicant to give such further notice in connection with its application as the Commission deems necessary. The Commission may, itself, give such additional notice as it deems necessary.
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(4) Hearing on licensing applications.
(a) Participation at hearing. Any person having
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| standing to participate under this Chapter may appear and participate in a hearing before the Commission to the extent of its standing, provided that the person has complied with Commission regulations concerning the filing of petitions for leave to intervene and like pleadings. Petitions for leave to intervene must be filed within 15 days after publication, unless the Commission provides for filing at a later date. The Commission may permit additional persons to appear and participate, on such terms as the Commission shall prescribe, where such participation is deemed necessary to an informed and just resolution of the issues in the proceeding.
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(b) Setting, notice, and hearing. Notwithstanding any
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| contrary provisions in Section 18c-2101 of this Chapter, a hearing shall be held on each licensing application to determine that the requirements of this Chapter have been satisfied, except as otherwise provided in Section 18c-4306 of this Chapter. The Commission shall set the hearing at a time not less than 15 days after publication in the official newspaper. The Commission shall serve notice of hearing on each party of record.
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(c) Issuance of orders after hearing. The Commission
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| may issue summary orders in cases where the licensing application was not opposed in a timely pleading addressed to the Commission, or was opposed in a timely pleading but such opposition was later withdrawn or the parties in opposition waived all right to other than a summary order. Summary orders shall be issued within 10 days after the close of oral hearing or such other period as the Commission may prescribe. Where a party requests, in a properly filed motion for reconsideration or rehearing, a detailed statement of findings and conclusions, the Commission shall vacate the summary order and issue a new order in accordance with Sub-chapters 1 and 2 of this Chapter. Otherwise, orders shall be issued in accordance with provisions of Sub-chapters 1 and 2 of this Chapter.
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
Sec. 18c-4203. Household goods contract carrier permits.
(1) Prerequisite to operation as a household goods contract
carrier.
No person shall operate as a household goods contract carrier of
property unless such person possesses a household goods contract
carrier permit issued by the Commission and in good standing.
(2) Requirements for issuance.
(a) General requirements. The Commission shall grant |
| an application for a household goods contract carrier permit, in whole or in part, to the extent that it finds that the application was properly filed; the applicant is fit, willing and able to provide the service in compliance with this Chapter, Commission regulations and orders; and issuance of the permit will be consistent with the public interest. Otherwise, the application shall be denied. The burden of proving that the requirements for issuance of a household goods contract carrier permit have been met shall be borne by the applicant.
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(b) Conversion to household goods common carrier
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| authority. The Commission may, at the request of the holder, authorize the conversion of household goods contract carrier authority to household goods common carrier authority, subject to the same terms, conditions, limitations, and regulations as other household goods common carriers.
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(c) Cancellation and non-renewal of contracts.
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| Cancellation or non-renewal of a contract, or failure to keep on file with the Commission a copy of a valid contract, shall render a permit void with regard to the involved shipper.
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(3) Duties and practices of household goods contract carriers.
(a) Services. Household goods contract carriers shall
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| provide safe and adequate transportation service to their contracting shippers within the scope of their authorities and contracts and in compliance with this Chapter, Commission regulations and orders.
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(b) Contracts. Each household goods contract carrier
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| shall file with the Commission a copy of each contract executed under authority of its permit, and shall provide no service except in accordance with contracts on file with the Commission. The Commission may, at any time, reject contracts filed with it which do not comply with the provisions of this Chapter, Commission regulations and orders.
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
Sec. 18c-4204. Standards to be considered in issuing common
and contract household goods carrier licenses.
The Commission shall exercise its discretion in regard to issuance of common
carrier of household goods or contract carrier
of household goods licenses in accordance with
standards enumerated in this Section.
(1) Standards
relevant to both
common and contract household goods
carrier licenses. In determining whether to issue a common carrier
of household goods
certificate or a contract carrier of household goods permit
under
Sections 18c-4202 and 18c-4203 of this Chapter, the
Commission shall consider, in addition to other standards
enumerated in this Chapter:
(a) (Blank);
(b) The existing authorized carriers' services, |
| including the adequacy of such services and the effect which issuance of a new certificate or permit would have on such services;
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(c) (Blank);
(d) Any evidence bearing on the fitness, willingness,
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| or ability of the applicant, including but not limited to any past history of violations of this Chapter, Commission regulations or orders, whether or not such violations were the subject of an enforcement proceeding; and
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(e) The effect which issuing the certificate or
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| permit would have on the development, maintenance and preservation of the highways of this State for commercial and other public use.
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(2) Additional standards relevant to household goods contract
carrier
licenses.
In determining whether to issue a household goods contract
carrier
permit under Section 18c-4203 of this Chapter, the
Commission shall consider, in addition to standards enumerated in
subsection (1) of this Section or elsewhere in this
Sub-chapter:
(a) Whether the proposed service is contract carrier
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(b) The effect which failure to issue the permit
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| would have on the supporting shipper or shippers.
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(3) Standards not relevant to either household goods common or
household goods contract
carrier licenses.
In determining whether to issue a household goods common carrier
certificate or a household goods contract carrier permit
under
Sections 18c-4202 and 18c-4203 of this Chapter, the
Commission shall not consider:
(a) The mere preference of the supporting shipper or
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| shippers or their receiver or receivers for the applicant's service; or
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(b) Any illegal operations of the applicant as
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| evidence of shipper need or the inadequacy of existing carriers' services.
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4204a) (from Ch. 95 1/2, par. 18c-4204a)
Sec. 18c-4204a.
Fitness standards.
(1) Establishment of administrative
standards. The Commission shall, within 180 days from the effective date
of this amendatory Act of 1987, adopt and implement standards for
determining fitness to hold
or continue to hold a household goods carrier
license.
(2) Statutory standards. A person shall not be considered fit for
purposes of this Section unless the record shows that, at the time of hearing,
the person:
(a) Is aware of its obligations under this Chapter, |
| Commission regulations and orders, and other provisions of The Illinois Vehicle Code;
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(b) Has substantially complied with applicable
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| statutes and regulations; and
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(c) Possesses the equipment, facilities, financial
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| resources, knowledge and experience to provide the proposed service and meet the needs of supporting shippers, in compliance with applicable statutes and regulations, on a long-term basis.
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(3) Burden of proof in application proceedings.
(a) Temporary authority. Each applicant for
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| temporary household goods carrier authority shall have the burden of making a prima facie showing of fitness. The Commission may, in its discretion, deny an application for temporary household goods authority where the applicant's fitness is controverted by specific allegations, under oath, by an intervenor.
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(b) Permanent authority. Each applicant for
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| permanent household goods authority shall have the burden of proving its fitness by clear and convincing evidence.
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(c) Findings. The order granting permanent household
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| goods authority shall contain specific findings, with citation to the record, on each aspect of fitness.
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(4) Revocation proceedings. If the record in a revocation proceeding
shows that a licensee is no
longer fit to hold a household goods carrier
license, the Commission
shall suspend or revoke the license. When a license is suspended under
this Section, the holder shall have 6 months in which to demonstrate, by
clear and convincing evidence, that its fitness has been restored. Unless
the Commission finds that such a demonstration has been made, the license
shall be revoked. A license revoked under this Section shall not be
reinstated.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4306) (from Ch. 95 1/2, par. 18c-4306)
Sec. 18c-4306.
Expedited Transfer Procedures.
(1) The Commission may provide for the transfer of a license, without
notice and hearing, and without the necessity of making the findings
specified above, when such transfer or control is to:
(a) a member or members of the transferor's immediate |
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(b) a corporation, the stock of which is wholly owned
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| by the transferor or members of his immediate family or a member or members of the transferor partnership;
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(c) a member or members of a partnership of which the
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(d) a stockholder or stockholders of the transferor
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| corporation or of a corporation wholly owned by the transferor or the transferor's immediate family;
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(e) the heirs of a person who dies intestate or the
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| legatees of a testator, upon order of the probate court having jurisdiction;
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(f) the heirs or legatees of the transferor pursuant
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| to the Probate Act of 1975, as amended;
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(g) a corporation, more than 50% of the stock of
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| which is controlled by the stockholders of the transferor corporation; or
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(h) a corporation, all of the stock of which is
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| controlled by a member or members of the immediate family of the stockholder or stockholders of the transferor corporation.
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(2) When a transfer of a license may be accomplished on an expedited basis
without notice and hearing through 2 or more transactions of the type described
in subsection (a), and they do, in fact, represent a single, contemporaneous
transaction, then the Commission shall allow the transfer to be made as a
single transaction in a single application. However, it shall be the
applicants' burden to demonstrate that they are entitled to this treatment of
their application by setting forth each of the individual qualifying
transactions under subsection (1) with the same detail and specificity as if
each individual application were filed.
(Source: P.A. 88-415 .)
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(625 ILCS 5/18c-4502) (from Ch. 95 1/2, par. 18c-4502)
Sec. 18c-4502. Collective ratemaking. (1) Application for approval.
Any carrier party to an agreement between or among 2 or more
carriers relating to rates, fares, classifications,
divisions, allowances, or charges (including charges between
carriers and compensation paid or received for the use of
facilities and equipment), or rules and regulations
pertaining thereto, or procedures for the joint consideration,
initiation, or establishment thereof, whether such conference,
bureau, committee, or other organization be a "for-profit" or
"not-for-profit" corporate entity or whether or not such
conference, bureau, committee or other organization is or
will be controlled by other businesses may, under such rules
and regulations as the Commission may prescribe, apply to the
Commission for approval of the agreement, and the Commission
shall by order approve any such agreement, if approval
thereof is not prohibited by subsection (3), (4), or (5) of
this Section, if it finds that, by reason of furtherance of
the State transportation policy declared in Section 18c-1103
of this Chapter, the relief provided in subsection (8) should
apply with respect to the making and carrying out of such
agreement; otherwise the application shall be denied. The
approval of the Commission shall be granted only upon such
terms and conditions as the Commission may prescribe as
necessary to enable it to grant its approval in accordance
with the standard above set forth in this paragraph.
(2) Accounts, reporting, and internal procedures.
Each conference, bureau, committee, or other organization
established or continued pursuant to any agreement approved
by the Commission under the provisions of this Section shall
maintain such accounts, records, files and memoranda and
shall submit to the Commission such reports, as may be
prescribed by the Commission, and all such accounts, records,
files, and memoranda shall be subject to inspection by the
Commission or its duly authorized representatives. Any
conference, bureau committee, or other organization described
in subsection (1) of this Section shall cause to be published
notice of the final disposition of any action taken by such
entity together with a concise statement of the reasons
therefor. The Commission shall withhold approval of any
agreement under this Section unless the agreement specifies a
reasonable period of time within which proposals by parties
to the agreement will be finally acted upon by the
conference, bureau, committee, or other organization.
(3) Matters which may be the subject of agreements approved by
the Commission.
The Commission shall not approve under this Section any
agreement between or among carriers of different classes
unless it finds that such agreement is of the character
described in subsection (1) of this Section and is limited to
matters relating to transportation under joint rates or over
through routes. For purposes of this paragraph carriers by
railroad and express companies are carriers of one class;
carriers by motor vehicle are carriers of one class and
carriers by water are carriers of one class.
(4) Non-applicability of Section to transfers.
The Commission shall not approve under this Section any
agreement which it finds is an agreement with respect to a
pooling, division, or other matter or transaction, to which
Section 18c-4302 of this Chapter is applicable.
(5) Independent action.
The Commission shall not approve under this Section any
agreement which establishes a procedure for the determination
of any matter through joint consideration unless it finds
that under the agreement there is accorded to each party the
free and unrestrained right to take independent action either
before or after any determination arrived at through such
procedures. The Commission shall not find that each party
has a free and unrestrained right to take independent action
if the conference, bureau, committee, or other organization
is granted by the agreement any right to engage in
proceedings before the Commission or before any court regarding
any action taken by a party to an agreement authorized by
this Section, or by any other party providing or seeking
authority to provide transportation services.
(6) Investigation of activities.
The Commission is authorized, upon complaint or upon its own
initiative without complaint, to investigate and determine
whether any agreement previously approved by it under this
Section or terms and conditions upon which such approval was
granted, is not or are not in conformity with the standard,
set forth in subsection (1), or whether any such terms and
conditions are not necessary for purposes of conformity with
such standard, and, after such investigation, the Commission
shall by order terminate or modify its approval of such
agreement if it finds such action necessary to insure
conformity with such standard, and shall modify the terms and
conditions upon which such approval was granted to the extent
it finds necessary to insure conformity with such standard or to the
extent to which it finds such terms and conditions not necessary
to insure such conformity. The effective
date of any order terminating or modifying approval, or
modifying terms and conditions, shall be postponed for such
period as the Commission determines to be reasonably
necessary to avoid undue hardship.
(7) Hearings and orders.
No order shall be entered under this Section except after
interested parties have been afforded reasonable opportunity
for hearing.
(8) Exemption from State antitrust laws.
Parties to any agreement approved by the Commission under
this Section and other persons are, if the approval of such
agreement is not prohibited by subsection (3), (4), or (5),
hereby relieved from the operation of the antitrust laws with
respect to the making of such agreement, and with respect to
the carrying out of such agreement in conformity with its
provisions and in conformity with the terms and conditions
prescribed by the Commission.
(9) Other laws not affected.
Any action of the Commission under this Section in approving
an agreement, or in denying an application for such approval,
or in terminating or modifying its approval of an agreement,
or in prescribing the terms and conditions upon which its
approval is to be granted, or in modifying such terms and
conditions, shall be construed as having effect solely with
reference to the applicability of the relief provisions of
paragraph subsection (8) of this Section.
(Source: P.A. 101-81, eff. 7-12-19.)
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(625 ILCS 5/18c-4601) (from Ch. 95 1/2, par. 18c-4601)
Sec. 18c-4601. Cab Card and Identifier to be Carried and Displayed in Each
Vehicle.
(1) General Provisions.
(a) Carrying Requirement. Each motor vehicle used in |
| for-hire transportation upon the public roads of this State shall carry a current cab card together with an identifier issued by or under authority of the Commission. If the carrier is an intrastate motor carrier of property, the prescribed intrastate cab card and identifier shall be required; if the carrier is an interstate motor carrier of property, the prescribed interstate cab card and identifier shall be required.
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(b) Execution and Presentation Requirement. Such cab
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| card shall be properly executed by the carrier. The cab card, with an identifier affixed or printed thereon, shall be carried in the vehicle for which it was executed. The cab card and identifier shall be presented upon request to any authorized employee of the Commission or the Illinois State Police or Secretary of State.
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(c) Deadlines for Execution, Carrying, and
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| Presentation. Cab cards and identifiers shall be executed, carried, and presented no earlier than December 1 of the calendar year preceding the calendar year for which fees are owing, and no later than February 1 of the calendar year for which fees are owing, unless otherwise provided in Commission regulations and orders.
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(2) Interstate Compensated Intercorporate Hauling and
Single-Source Leasing.
The provisions of subsection (1) of this Section apply to
motor vehicles used in interstate compensated intercorporate
hauling or which are leased, with drivers, to private
carriers for use in interstate commerce, as well as to other
motor vehicles used in for-hire transportation upon the
public roads of this State. However, the Commission may:
(a) Exempt such carriers from the requirements of
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(b) Subject any exemption to such reasonable terms
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| and conditions as the Commission deems necessary to effectuate the purposes of this Chapter; and
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(c) Revoke any exemption granted hereunder if it
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| deems revocation necessary to effectuate the purposes of this Chapter.
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(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18c-4701) (from Ch. 95 1/2, par. 18c-4701)
Sec. 18c-4701. Insignia on vehicles.
(1) General requirements to be prescribed by Commission. Except as
otherwise provided in this Section, no intrastate
carrier shall operate any motor vehicle upon the
public roads of this State unless there is painted or affixed to
both sides of the cab or power unit, in accordance with such specifications as
the Commission may prescribe, the trade name of the carrier as it
appears on the carrier's license or the carrier's recognized
logo, together with the license and registration number of the
carrier. Likewise, no interstate carrier shall operate any motor
vehicle upon the public roads of this State unless there is
painted or affixed to both sides of the cab or power unit, in accordance with
such specifications as the Commission may prescribe, the
registration or authority number of the carrier. However, except for a household goods carrier, an interstate carrier operating intrastate may operate a motor vehicle upon the public roads of this State without the intrastate authority number of the carrier painted or affixed to any side of the cab or power unit.
(2) Use of ICC-prescribed identification. Identifying information
prescribed by the Interstate Commerce Commission may be used in
satisfaction of requirements established under this Section, including
special orders granting a petition for waiver of Sections 1057.22(a) and
1057.22(c)(2) and (4), as they relate to equipment receipts, of the Lease
and Interchange of Vehicle Regulations (49 CFR 1057), in lieu of
numbers or symbols prescribed by the Commission.
(3) Identification of Trip Lessees. Notwithstanding any other
provision of this Section to the contrary, a motor vehicle trip leased in
accordance with this Chapter, Commission regulations and orders shall not
be required to bear the name and license number of the lessee if:
(a) the motor vehicle bears the name and license or |
| registration number of the lessor in accordance with subsection (1) of this Section, Commission regulations and orders;
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(b) the lessor and lessee are commonly-owned; and
(c) the vehicle carries a photocopy of a letter
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| signed by the lessor, on file with the Commission, stating that the lessor and lessee are commonly-owned.
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(4) Rules not superseded. The authority of the Illinois Commerce
Commission to regulate the identification of motor vehicles of intrastate
and interstate carriers, engaged in the transportation of hazardous
materials, shall not supersede or replace the rules and regulations of the
Illinois Department of Transportation and Federal Motor Carrier Safety
regulations Part 390.21, as relates now or hereafter to the markings and
identification of such vehicles.
(5) Identification on vehicles under 9,000 pounds gross vehicle weight
(GVW). Vehicles with a gross vehicle weight (GVW) less than 9,000 pounds
may, in lieu of identification required under subsection (1) of this
Section display the trade name of the carrier as it appears on the
carrier's license or the carrier's recognized logo, together with the
license and registration number of the carrier in such manner as to be
clearly legible and visible from both sides of the vehicle at a distance of
25 feet, when the vehicle is not in motion, and in accordance with such
specifications as the Commission may prescribe.
(Source: P.A. 100-369, eff. 8-25-17.)
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(625 ILCS 5/18c-4801) (from Ch. 95 1/2, par. 18c-4801)
Sec. 18c-4801.
Rights, Obligations, and Liabilities.
The provisions of Sections 7-101, 7-102, 7-103, 7-104, 7-105,
7-301, 7-302, 7-303, 7-304, 7-305, 7-306, 7-307, 7-308, 7-309,
7-401, 7-402, 7-403, 7-404, 7-501, 7-502, 7-503, 7-504, 7-505,
7-506, 7-507, 7-508, 7-509, 7-601, 7-602, 7-603 of the "Uniform
Commercial Code", as amended, are adopted by reference to the
extent that they relate to bills of lading and the intrastate
transportation of property by a motor common carrier.
(Source: P.A. 84-796.)
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