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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/18c-4904
(625 ILCS 5/18c-4904) (from Ch. 95 1/2, par. 18c-4904)
Sec. 18c-4904.
Liability to Be Covered by Insurance.
Insurance or surety under this Article shall cover the carrier's
liability for injury to persons and damage to property other than
cargo. Coverage shall, in the case of motor common carriers,
also extend to cargo damage.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-4905
(625 ILCS 5/18c-4905) (from Ch. 95 1/2, par. 18c-4905)
Sec. 18c-4905.
Self-insurance.
The Commission may exempt a carrier from the requirement of
Sections 18c-4901, 18c-4902, 18c-4903, and 18c-4904 of this Chapter
if it determines that the carrier has the financial ability to
pay for any and all damages the liability for which would
otherwise be assumed by an insurance or surety company under the
referenced sections. Each carrier so exempted shall file
periodic reports, at such intervals as the Commission shall specify,
showing its continuing ability to act as a self-insurer. The
Commission may rescind an exemption on 10 days' notice if
rescission appears necessary to protect the public.
Upon the granting or rescission of a self-insured status of a carrier by
the Commission, the Commission shall immediately notify, in writing, the
Illinois Department of Transportation of the name, address, and other
pertinent information required by the Department of Transportation
concerning the status of the carrier.
(Source: P.A. 84-1246.)
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625 ILCS 5/Ch. 18C Sub-ch. 5
(625 ILCS 5/Ch. 18C Sub-ch. 5 heading)
SUB-CHAPTER 5.
SPECIAL PROVISIONS APPLICABLE
TO TRANSPORTATION OF PROPERTY
OVER PUBLIC ROADS
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625 ILCS 5/Ch 18C Sub 5 Art I
(625 ILCS 5/Ch 18C Sub 5 Art I heading)
ARTICLE I.
BROKERS
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625 ILCS 5/18c-5101
(625 ILCS 5/18c-5101) (from Ch. 95 1/2, par. 18c-5101)
Sec. 18c-5101.
Unlawful Activities.
It shall be unlawful for any person:
(1) To act as a broker without a license in good standing
issued to it by the Commission;
(2) To act as a broker in violation of any provision of this Chapter,
Commission regulations and orders, or any other law
of this state;
(3) To act as a broker of any shipment which the person owns
or in which the person has a beneficial interest;
(4) To act as a broker of any shipment over which the person
is able to exercise control because the person acting as
a broker owns or controls the shipper, the shipper owns
or controls the person acting as a broker, or there is a
common ownership or control of the two;
(5) Which is also a broker to act or represent itself as a
shipper in dealing with a common or contract carrier of
property by motor vehicle;
(6) To act as a broker in connection with transportation by
a person other than an authorized common or contract
carrier of property by motor vehicle, unless the carrier
does not require authorization to transport the
shipment;
(7) To act as a broker in connection with transportation at
other than lawfully applicable rates for the motor
carrier service;
(8) To act as a broker in any name other than that which
appears on its Commission license;
(9) To act as a broker without fully disclosing its
brokering status;
(10) To provide transportation service with regard to freight
for which it was the broker;
(11) To receive any compensation for brokering services other
than a fee assessed to the shipper or, alternatively, to
the carrier, in addition to freight charges at lawfully
applicable rates for the motor carrier service;
(12) To advertise, offer, or give anything of value to a
shipper, consignor, or consignee, other than inexpensive
promotional items; or
(13) Act as a broker of household goods.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-5102
(625 ILCS 5/18c-5102) (from Ch. 95 1/2, par. 18c-5102)
Sec. 18c-5102.
Licensing of Brokers.
(1) Procedures for Issuing Brokers' Licenses.
The Provisions of Article II of Sub-chapter 4 of this Chapter
which govern the form and manner of filing of applications
for authority, notice to be given to the public, and hearing,
shall likewise govern the issuance of a brokers' license.
(2) Standards for Review of Brokers' License Applications.
The Commission shall issue a license authorizing a person to
act as a statewide broker of general commodities where:
(a) The person has properly filed an application on forms
prescribed by the Commission;
(b) The person has remitted the filing fee prescribed by the
Commission;
(c) The person has filed proof of bond or insurance as
required by Commission regulations; and
(d) The Commission has determined that the person is fit,
willing, and able to;
(i) Act as a statewide broker of general commodities as
authorized by the license; and
(ii) Comply with provisions of this Chapter, Commission
regulations and orders.
Otherwise, the application shall be denied.
(3) Suspension or Revocation of Brokers' Licenses.
If at any time the Commission determines after notice and
hearing that the holder of a broker's license is not fit,
willing, or able to continue to act as a broker, the
Commission may suspend or revoke the license.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-5103
(625 ILCS 5/18c-5103) (from Ch. 95 1/2, par. 18c-5103)
Sec. 18c-5103.
The Fitness Standard.
A person shall be rebuttably presumed unfit to act or to continue
to act as a broker if:
(1) The person has violated any provision of this Chapter, Commission
regulations or orders, or any other law governing its
activities as a broker;
(2) The person has violated any fiduciary or other obligation
with regard to transmittal of monies, bills, or other matters
entrusted to it as broker; or
(3) The person is applying for a broker's license and any other
person the ownership, management, or control of which is or
was in substantial identity with the applicant has committed
an act of the type described in (1) or (2), above.
The Commission may consider any relevant facts in determining
whether a person is fit to act or to continue to act as a broker,
or whether any presumption which arises under this Section has
been rebutted.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-5104
(625 ILCS 5/18c-5104) (from Ch. 95 1/2, par. 18c-5104)
Sec. 18c-5104.
Transfer of Brokers' Licenses.
(1) Transfer of Brokers' Licenses Permitted.
A broker's license may be transferred, with Commission
approval, under the conditions specified in this Section and
in accordance with such regulations as the Commission may
prescribe.
(2) Procedures for Transferring Brokers' Licenses.
The provisions of Article III of the Sub-chapter 4 of this Chapter that
define a transfer and which govern the form and
manner of filing of applications for approval of the transfer
of a motor carrier of property license, notice to be given to
the public, and hearing, shall likewise govern the transfer
of a broker's license.
(3) Standards for Review of Transfer Applications.
The Commission shall grant an application for authority to
transfer a broker's license where:
(a) The application was properly filed on forms prescribed
by the Commission;
(b) The person has remitted the filing fee prescribed by the
Commission; and
(c) The transferee is fit, willing, and able under the terms
of Section 18c-5103 of this Chapter.
Otherwise, the application shall be denied.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-5105
(625 ILCS 5/18c-5105) (from Ch. 95 1/2, par. 18c-5105)
Sec. 18c-5105.
Bonds and Insurance.
The Commission may prescribe for brokers such requirements
regarding bonds, insurance, and the terms of coverage thereof, as
the Commission determines are needed to protect carriers,
shippers, consignors, and consignees of freight with respect to which
brokering service is provided. Unless otherwise provided by the
Commission, such requirements shall be the same as are applicable
to property brokers under the Interstate Commerce Act and
regulations adopted thereunder.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-5106
(625 ILCS 5/18c-5106) (from Ch. 95 1/2, par. 18c-5106)
Sec. 18c-5106.
Records of Brokers.
(1) Records to be Kept by Brokers.
A broker shall keep a record of each transaction which shows:
(a) The name, address, and license number of the motor
carrier or carriers;
(b) The name and address of the shipper, consignor, and
consignee;
(c) The Bill of Lading or freight bill number;
(d) The amount of compensation received by the broker for
brokering service, and the identity of the payor;
(e) A description of any non-brokering service provided in
connection with each shipment or other activity, the
amount of compensation received for such non-brokering
service, and the identity of the payor;
(f) The amount of any freight charges collected by the
broker, the date on which such charges were paid over to
the carrier, and the amount of payment to the carrier;
and
(g) Any other information which the Commission may
prescribe.
(2) Maintenance of Records.
Records required to be kept under this Section shall be
maintained at an office within the State of Illinois, unless
maintenance of an office outside the State of Illinois is
expressly authorized by the Commission, and shall be
maintained for a period of 3 years after the date on
which the shipment was delivered.
(3) Accounting.
Each broker which engages in other business shall maintain
accounts so that the brokering portion of its business or businesses is
segregated from its other activities.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-5107
(625 ILCS 5/18c-5107) (from Ch. 95 1/2, par. 18c-5107)
Sec. 18c-5107.
Brokers and Motor Carrier Applications.
A Broker shall not have standing to support any application for
motor carrier of property authority.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 5 Art II
(625 ILCS 5/Ch 18C Sub 5 Art II heading)
ARTICLE II.
RESOLUTION OF HOUSEHOLD GOODS DISPUTES
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625 ILCS 5/18c-5201
(625 ILCS 5/18c-5201) (from Ch. 95 1/2, par. 18c-5201)
Sec. 18c-5201.
Application of Article.
The provisions of this Article apply to the collect-on-delivery
transportation of household goods for non-commercial use where:
(1) The dispute relates to the propriety of charges for services
rendered or loss of or damage to lading from the loading,
unloading, or transportation thereof;
(2) The movement to which the dispute relates was between points
in the State of Illinois; or
(3) Either the movement was made under authority issued by the
Commission or the movement was such that it could have been
lawfully made only under authority issued by the Commission.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-5202
(625 ILCS 5/18c-5202) (from Ch. 95 1/2, par. 18c-5202)
Sec. 18c-5202.
Commission to prescribe dispute resolution procedures.
(1) Within 180 days after the effective date of this amendatory Act of 1995,
the Commission shall propose rules specifying the procedures by which disputes
between carriers and shippers to which this Sub-chapter is applicable will be
resolved. Upon adoption, the rules will be applicable to all household goods
carriers.
(2) Standards for dispute resolution procedures. The rules adopted by the
Commission
shall be calculated to provide for the objective, expeditious, and inexpensive
resolution of household goods disputes, and shall include, without limitation,
provisions dealing with: the location of any required hearings; required
notifications; whether participation in a dispute resolution procedure is
mandatory; and how the fees and costs of the procedures shall be distributed.
To the extent authorized by Commission rules, procedures adopted under
this Article may specify that dispute resolution services will be provided by
the Commission, and in accordance with procedural rules adopted by the
Commission.
(3) Grounds for Resolution of Household Goods Disputes.
A dispute under this Article shall be resolved adverse to the
carrier if:
(a) The carrier assessed a rate not contained in a | | lawfully applicable tariff or tariffs for such services;
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(b) The carrier failed to fully apprise the shipper,
| | prior to execution of any contract or contract amendment covering the services, of the lawful rates and charges for such services;
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(c) Damages to lading occurred during the loading,
| | transportation, or unloading of the shipments, or rendition of any accessorial service by the carrier, its employees or agents, without regard to negligence or fault, and the shipper did not elect in writing to assume liability for all or part of such damages.
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(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-5203
(625 ILCS 5/18c-5203) (from Ch. 95 1/2, par. 18c-5203)
Sec. 18c-5203.
Award of Attorneys Fees.
(1) Award to Complaining Shipper.
In any court action to resolve a dispute within the scope of
this Article, the court shall award reasonable attorney's
fees to the complaining shipper if:
(a) The shipper submitted a claim to the carrier | | within 120 days after delivery of the shipment is completed;
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(b) The shipper prevailed in the court action; and
(c) Either:
(i) No certified private dispute resolution
| | procedure was available for use by the shipper at the time the court action was initiated; or
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(ii) (Blank).
(iii) The court action was to enforce a timely
| | decision rendered under the dispute resolution procedures specified by the Commission under this amendatory Act of 1995.
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(2) Award to carrier.
In any court action to resolve a dispute within the scope of
this Article, the court may award reasonable attorney's fees
to the carrier if the shipper brought the action in bad faith
after submitting the dispute for resolution under the dispute resolution
procedures specified by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-5204
(625 ILCS 5/18c-5204) (from Ch. 95 1/2, par. 18c-5204)
Sec. 18c-5204.
Investigation of Practices of Household Goods
Carriers.
The Commission may, on its own motion or on complaint, conduct an
investigation to determine whether a household goods carrier has,
with or without the license required under Sub-chapter 4 of this Chapter,
engaged in a pattern or practice of underestimating freight
charges for household goods shipments, or has otherwise violated
provisions of this Chapter, Commission regulations or orders, and may
invoke any or all sanctions provided for in Article VII of
Sub-chapter 1 of this Chapter against the carrier if such a pattern or
practice,
or any other violation, is found to have occurred.
(Source: P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/18c-5205
(625 ILCS 5/18c-5205) (from Ch. 95 1/2, par. 18c-5205)
Sec. 18c-5205.
Applicability of Article.
This Article applies to
disputes arising from transactions which occur at least 180 days after the
effective date of this amendatory Act of 1985.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 5 Art III
(625 ILCS 5/Ch 18C Sub 5 Art III heading)
ARTICLE III.
NON-RELOCATION TOWING
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625 ILCS 5/18c-5301
(625 ILCS 5/18c-5301) (from Ch. 95 1/2, par. 18c-5301)
Sec. 18c-5301.
Application of Article.
The provisions of this Article
shall apply to non-relocation towing. Where the provisions of this
Article conflict with any other provisions in this Chapter, the
provisions of this Article shall govern.
(Source: P.A. 84-1311.)
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625 ILCS 5/18c-5302
(625 ILCS 5/18c-5302) (from Ch. 95 1/2, par. 18c-5302)
Sec. 18c-5302.
Commission to Adopt Special Rules.
(1) General Provisions. The Commission shall, within 180 days after the
effective date of this Article, have finally adopted special forms and
regulations applicable to non-relocation towing. Such regulations shall
encompass definitions of terms, licensing, ratemaking, record-keeping,
insurance or surety coverage, fees, and such other provisions as are necessary
to effectuate the purposes of this Article. Such regulations shall be
consistent with the provisions of this Article and shall implement such
provisions with regard to non-relocation towing in a manner which recognizes
the special circumstances and conditions which pertain to non-relocation towing
as distinguished from other forms of motor carriage of property.
(2) Towing at Owner's Request. The Commission shall, within 60 days from
July 1, 1988, adopt rules in accordance with Section 5-50 of the Illinois
Administrative Procedure Act which implement the provisions of this Chapter
dealing with the exemption of non-relocation towing at the request of the
vehicle owner.
(Source: P.A. 88-45.)
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