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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-3206
(625 ILCS 5/18c-3206) (from Ch. 95 1/2, par. 18c-3206)
Sec. 18c-3206.
Charges to conform to tariffs or schedules and
orders of the Commission.
(1) Overcharges and undercharges prohibited.
No common or contract household goods or passenger carrier shall offer,
advertise, charge,
demand, collect, or receive, in any manner, a greater,
lesser, or different compensation for transportation or for
any service in connection therewith than the rates and
charges specified in tariffs or schedules on file with the
Commission and in effect at the time the transportation or
any other service is rendered; nor shall any such carrier
offer, advertise, charge, demand, collect, or receive any
compensation for transportation or for any other service
rendered in connection therewith where there is not in effect
at the time a lawfully applicable tariff or schedule.
Likewise, no such carrier shall refund or remit, in any
manner or by any device, whether directly or indirectly, or
through any agent or otherwise, or pursuant to
Commission order, any portion of the rates or charges
specified in tariffs or schedules on file with the Commission
and in effect at the time; nor shall any such carrier extend
to any person any discount, value, privilege, or facilities
for transportation or any service rendered in connection
therewith, except as are specified in tariffs or schedules on
file with the Commission and in effect at the time.
(2) Repayment of overcharges, collection of undercharges and
reparations.
(a) Repayment of overcharges and payment of | | reparations. The Commission may, in accordance with Section 18c-2101 of this Chapter, order any carrier to pay to one or more shippers the amount by which the carrier received compensation greater than the rates and charges specified in tariffs or schedules in effect at the time the carrier rendered the transportation or other service in connection therewith. The Commission may likewise, in accordance with Section 18c-2101 of this Chapter, order any carrier other than a household goods carrier to pay to one or more shippers the amount by which the carrier received compensation greater than reasonable rates and charges as determined by the Commission.
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(b) Collection of undercharges. The Commission may,
| | in accordance to Section 18c-2101 of this Chapter, order any carrier to make all reasonable efforts to collect from one or more shippers the difference between amounts collected and the amount of compensation specified in tariffs or schedules in effect at the time the transportation or other service in connection therewith was rendered.
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(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-3207
(625 ILCS 5/18c-3207) (from Ch. 95 1/2, par. 18c-3207)
Sec. 18c-3207.
Zones of Rate Flexibility.
(1) Zone for Motor Carriers of Passengers.
Notwithstanding any other provisions of this Sub-chapter, the
Commission may not investigate, suspend, revise, or revoke
any single-line rate proposed by a motor carrier of
passengers, or joint rate proposed by one or more such
companies, applicable to any transportation on the grounds
that such rate is unreasonably high or low if:
(a) The rate was published in accordance with provisions of
this Chapter, Commission regulations and orders;
(b) The Commission was properly notified that the carrier or carriers
wish to have the rate considered pursuant to this
subsection; and
(c) The net of all increases and decreases, during the
calendar year in which the rate is to become effective,
is not more than 25%.
(2) Zone for Rail Carriers.
Notwithstanding any other provision of this Sub-chapter the
Commission may not investigate, suspend, revise, or revoke
any rate proposed by a rail carrier on the grounds that such
rate is unreasonably high or low if:
(a) The rate was published in accordance with provisions of
this Chapter and Commission regulations;
(b) Commission was properly notified that the carrier wished
to have the rate to be considered pursuant to this
subsection; and
(c) The net of all increases and decreases, during the
calendar year in which the rate is to become effective,
is not more than the amount specified under 49 U.S. Code
10707a and 10708.
(3) Commission to Adopt Regulations.
The Commission may adopt regulations specifying procedures
for determining whether a rate published by a carrier falls
within the zone of rate flexibility.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-3208
(625 ILCS 5/18c-3208) (from Ch. 95 1/2, par. 18c-3208)
Sec. 18c-3208.
Joint rates and routes.
(1) Establishment by carriers.
Two or more common carriers of household goods or passengers
may
establish through routes and joint rates, provided that the
rates, and divisions and practices relating thereto, are
just, reasonable, and not discriminatory.
(2) Establishment by the Commission.
The Commission may, on its own motion or on petition or
complaint, where 2 or more carriers have failed to
establish through routes, joint rates, or divisions and
practices relating thereto, establish such routes, rates,
divisions and practices. The Commission shall take such
action only after notice and hearing to consider whether any
proposed routes, rates, divisions and practices are just,
reasonable and not discriminatory, whether any carrier has a
reasonable objection to establishment of such routes, rates,
divisions and practices, and whether such objections can be
satisfied by imposing reasonable terms and conditions on the
application of such routes, rates, divisions and practices.
The provisions of this subsection shall have no application
to household goods carriers.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-3209
(625 ILCS 5/18c-3209) (from Ch. 95 1/2, par. 18c-3209)
Sec. 18c-3209.
Charges Not Part of Direct Transportation Cost.
Any agreement, arrangement, or device, or part thereof, which, as
a condition to the provision of transportation service, requires
or permits any carrier, shipper, or receiver to pay a charge to
any person, where such charge is not part of the direct cost of
transportation service, shall be void.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-3210
(625 ILCS 5/18c-3210) (from Ch. 95 1/2, par. 18c-3210)
Sec. 18c-3210.
Presentation of freight bills, payment of freight
charges, and extension of credit.
Except as otherwise provided in this Chapter, this Section is applicable only
to household goods carriers.
(1) Presentation of freight bills.
Freight bills shall be presented to the person responsible
for payment of freight charges not later than the
7th day following delivery of the freight.
(2) Payment required before delivery or relinquishment of
possession.
Except as provided in subsection (3) of this Section, no
common carrier shall deliver or relinquish possession of a
shipment transported by it until all freight charges for such
shipment under lawfully applicable rates have been paid to
the carrier. Where credit has been extended in accordance
with this Section, and all freight charges on the shipment
under lawfully applicable rates have not been paid before
expiration of the period for which credit has been extended,
the carrier shall cease delivering or relinquishing
possession of the shipment and may decline to transport future
shipments until all such charges have been paid.
(3) Exception: Delivery or relinquishment of possession before
payment.
A carrier may deliver or relinquish possession of a shipment
transported by it in advance of payment of all freight
charges on the shipment under lawfully applicable rates if the
carrier has, in accordance with this Section, extended credit
to the person responsible for payment of freight charges.
(4) Extension of credit.
Credit, if extended by a carrier, must be extended without
discrimination. Credit for payment of freight charges shown
on the initial freight bill shall be for a period not to
exceed 30 days, beginning on the later of the date
of delivery or the date on which the freight bill is
presented. If freight charges shown on the initial freight bill
are paid and the carrier subsequently presents a supplemental
freight bill, the carrier may extend credit in the amount of
freight charges shown on the supplemental freight bill for an
additional period not to exceed 15 days, beginning
on the date on which the supplemental freight bill is
presented.
(5) Commission regulation of credit terms.
The Commission may regulate the extension and terms of credit
extended by carriers under this Section, and no credit shall
be extended except in accordance with such regulations.
(6) Use of U.S. Postal Service for presentation of bills or
payment of charges.
Where the United States Postal Service is used for the
presentation of freight bills or payment of freight charges,
the date of mailing, as indicated by the postmark, shall be
the date of presentation or payment.
(7) Calculation of times for extension of credit.
Time periods of extension of credit under this Section shall
commence at midnight on the date of the event (delivery or
presentation of freight bill). The initial 7 day period shall not include
Saturdays,
Sundays, or legal holidays.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-3211
(625 ILCS 5/18c-3211) (from Ch. 95 1/2, par. 18c-3211)
Sec. 18c-3211.
Free or Reduced Rate Carriage.
Nothing in this Chapter shall prevent a carrier from establishing
reduced rate or free carriage rates applicable to transportation
provided for the United States, the State of Illinois, or any
municipality or subdivision of this State, where it is required
by law that the carrier providing such transportation be selected
by competitive bid. Such rates shall be filed in the form and
manner required by the Commission.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-3212
(625 ILCS 5/18c-3212) (from Ch. 95 1/2, par. 18c-3212)
Sec. 18c-3212.
Statute of Limitations for Freight Charges.
(1) Collection Actions.
Actions to collect freight charges under lawfully applicable
rates must be instituted within 3 years after
rendition of the service.
(2) Reparations or Overcharge Proceedings.
Petitions seeking reparations or repayment of overcharges
must be filed with the Commission within 3 years
after rendition of the service, and any action seeking
judicial enforcement of a Commission order awarding
reparations must be instituted within 1 year after
issuance of such order. Where an action seeking judicial
review of a Commission order awarding reparations is filed,
the time preceding final adjudication of the action shall be
excluded in computing the time for instituting the action
seeking judicial enforcement of the Commission order.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-3213
(625 ILCS 5/18c-3213) (from Ch. 95 1/2, par. 18c-3213)
Sec. 18c-3213.
Application of Rate Regulations to Exempt
Traffic.
Notwithstanding any other provision of this Chapter to the contrary,
the provisions of this Article shall not apply to traffic which
is altogether exempt from Commission jurisdiction under this Chapter
or a valid, preemptive federal statute.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 3 Art III
(625 ILCS 5/Ch 18C Sub 3 Art III heading)
ARTICLE
III. OTHER PROVISIONS COMMON
TO ALL TRANSPORTATION MODES
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625 ILCS 5/18c-3301
(625 ILCS 5/18c-3301) (from Ch. 95 1/2, par. 18c-3301)
Sec. 18c-3301.
Certain Third Party Payments Prohibited.
Whenever a shipper or receiver of property requires that any
person who owns or operates a motor vehicle transporting property
in intrastate commerce under the provisions of this Chapter be
assisted in the loading or unloading of such vehicle, the shipper
or receiver shall be responsible for providing such assistance or
shall compensate the owner or operator for all costs associated
with securing and compensating the person or persons providing
such assistance. It shall be unlawful to coerce or attempt to
coerce any person providing transportation of property by motor
vehicle for-hire in intrastate commerce to employ or pay one or
more persons to load or unload any part of such property onto or
from such vehicle, except that this subsection shall not be
construed as making unlawful any activity which is not unlawful
under the National Labor Relations Act or any other acts
governing labor practices.
(Source: P.A. 84-796.)
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