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Illinois Compiled Statutes
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VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/18c-4202
(625 ILCS 5/18c-4202) (from Ch. 95 1/2, par. 18c-4202)
Sec. 18c-4202.
Household goods common carrier certificates.
(1) Prerequisite to operation as a household goods common
carrier.
No person shall operate as a household goods common carrier
unless such person possesses a common carrier of household goods
certificate issued by the Commission and in good standing.
(2) Requirements for issuance.
The Commission shall grant an application for a common
carrier of household goods certificate, in whole or in part, to the extent
that
it finds that the application was properly filed; a public
need for the service exists; the applicant is fit, willing
and able to provide the service in compliance with this Chapter,
Commission regulations or orders; and the public
convenience and necessity requires issuance of the
certificate. Otherwise, the application shall be denied. The burden of
proving that the requirements for issuance of a common carrier of
household goods
certificate have been met shall be borne by the applicant.
(3) Duties and practices of household goods common carriers.
Household goods common carriers shall provide safe and adequate
transportation service to the general public within the scope
of their authorities and in compliance with this Chapter,
Commission regulations and orders. Such service shall be at
reasonable rates and without discrimination.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-4203
(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
| | 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.
| | 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
| | 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
| | 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
(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,
| | 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
| | 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
| | 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
| | shippers or their receiver or receivers for the applicant's service; or
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(b) Any illegal operations of the applicant as
| | 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
(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
| | statutes and regulations; and
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(c) Possesses the equipment, facilities, financial
| | 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
| | 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
| | 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
| | 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-4206
(625 ILCS 5/18c-4206) (from Ch. 95 1/2, par. 18c-4206)
Sec. 18c-4206.
Dual operations.
(1) Dual common/contract operations.
No person shall hold both a household goods common carrier
certificate
and a household goods contract carrier permit unless the
Commission
determines, or has determined, that both licenses may be held
consistent with the public interest and authorizes such dual
licensing. Issuance of household goods contract carrier
authority
after the effective date of this amendatory Act of 1995 to a
person that
already holds household goods common carrier authority, or vice
versa,
shall be rebuttably presumed inconsistent with the public
interest if the two authorities would be duplicative, in
whole or in part.
(2) Merger of duplicative operating rights.
The Commission may, except as otherwise provided in this
subsection, order that duplicative operating rights, whether
household goods common carrier or household goods
contract carrier or both, be
merged into a single license and may impose such requirements
upon operations under such license as will promote the public
interest and effectuate the purposes of this Chapter. The power
of the Commission to order merger shall not extend to
duplicative operating rights in existence on the effective
date of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/18c-4207
(625 ILCS 5/18c-4207) (from Ch. 95 1/2, par. 18c-4207)
Sec. 18c-4207.
Cessation of service under a license.
No household goods carrier shall abandon, discontinue, or suspend any
service
that it is authorized to provide pursuant to a license issued by
the Commission without authorization by the Commission. If the
Commission finds good cause for the abandonment, discontinuance,
or suspension, it may approve same. If the Commission finds that
a household goods carrier has abandoned, discontinued, or suspended service
without authorization, it may revoke the carrier's license.
(Source: P.A. 89-444, eff. 1-25-96.)
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625 ILCS 5/Ch 18C Sub 4 Art III
(625 ILCS 5/Ch 18C Sub 4 Art III heading)
ARTICLE III.
TRANSFER OF LICENSES
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625 ILCS 5/18c-4301
(625 ILCS 5/18c-4301) (from Ch. 95 1/2, par. 18c-4301)
Sec. 18c-4301.
Power of Commission to Approve Transfers.
A license issued under this Sub-chapter may be transferred, with
Commission approval, under the conditions specified in this
Article and in accordance with such rules and regulations as the
Commission may prescribe.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-4302
(625 ILCS 5/18c-4302) (from Ch. 95 1/2, par. 18c-4302)
Sec. 18c-4302.
Types of Transfers Which May be Approved.
It is lawful, with prior authorization from the Commission, for:
(1) Two or more motor carriers of property to consolidate or
merge their properties into one business entity for the
ownership, management, or operation of the properties
theretofore in separate ownership;
(2) A motor carrier of property, or two or more such carriers
jointly, to purchase, lease or contract to operate the
properties of another such carrier;
(3) A motor carrier of property, or two or more such carriers
jointly, to acquire control of another such carrier through
ownership of its stock or otherwise;
(4) A person not a motor carrier of property, to acquire control
of one or more such motor carriers through ownership of its
or their stock or otherwise;
(5) A person not a motor carrier of property and which has
control of one or more such carriers to acquire control of
another carrier through ownership of its stock or otherwise;
or
(6) A person to acquire possession, ownership, or control, by
means of the sale or other conveyance of a license issued by
the Commission to another person.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-4303
(625 ILCS 5/18c-4303) (from Ch. 95 1/2, par. 18c-4303)
Sec. 18c-4303.
Applications for Approval.
Applications for approval of
the transfer of a license shall be on forms
prescribed by the Commission and shall, where possible, be accompanied by a
copy of the written contract executed by parties to the proposed transfer.
The contract must state that it:
(1) Is expressly conditioned on approval of the transfer by the
Commission;
(2) Is a complete and exclusive statement of the rights of the
parties in regard to the proposed transfer; and
(3) Cannot be amended without notice to and approval by the
Commission.
The application shall also be accompanied by an abstract of
shipments performed by the transferor within the last year prior to
the date of the contract showing the date of each shipment, the
identification number of the shipment, the origin and destination
of the shipment, and a description of the commodity shipped.
The application shall not be docketed until a contract and abstract have
been filed. Where the contract cannot be signed because of some operation
of law, the Commission may waive the signature of the transferor, but not
the filing of the written contract.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-4304
(625 ILCS 5/18c-4304) (from Ch. 95 1/2, par. 18c-4304)
Sec. 18c-4304.
Standard for Review of Applications.
The Commission may
approve a proposed transfer if it finds that:
(1) The license to be transferred is in good standing and has not
been abandoned, discontinued, or suspended, in whole or in
part;
(2) The proposed transferee is fit, willing, and able to provide
service for which the license was issued, and to do so in
compliance with provisions of this Chapter, Commission
regulations and orders; and
(3) The transfer would be consistent with the public interest and
the state transportation policy.
The Commission may approve or disapprove a transfer, in whole or
in part, and may subject the transfer to such terms and
conditions as will protect the public interest and effectuate the
purposes of this Chapter.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-4305
(625 ILCS 5/18c-4305) (from Ch. 95 1/2, par. 18c-4305)
Sec. 18c-4305.
Abandonment, Discontinuance, or Suspension of
Service Under a License to be Transferred.
In determining whether the proposed transferor has abandoned,
discontinued or suspended service without authorization, the
Commission shall only consider the operations of the transferring
party performed within the last 2 years prior to the date
on which the contract between transferor and transferee was
executed, or the date the application was filed.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-4306
(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 | |
(b) a corporation, the stock of which is wholly owned
| | 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
| | 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
| | 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
| | to the Probate Act of 1975, as amended;
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(g) a corporation, more than 50% of the stock of
| | 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
| | 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-4307
(625 ILCS 5/18c-4307) (from Ch. 95 1/2, par. 18c-4307)
Sec. 18c-4307.
Unapproved Transfers.
(1) Unapproved Transfers Prohibited.
Except as provided in this Article, no person may enter into
a transaction to accomplish or effectuate, or participate in
accomplishing or effectuating, the ownership, control or
management of any one or more motor carriers, however such
result is attained, whether directly or indirectly by use of
common directors, officers, or stockholders, a holding or
investment company, a voting trust, or in any other manner,
and regardless of whether or not the carrier received
compensation or value from the transaction. Nor shall any
person continue to maintain control or management
accomplished or effectuated in violation of this Article.
The words "control or management," when used in this Article,
shall be construed to include the power to exercise control
or management.
(2) Direct Supervision and Control by License Holder Required. The holder
of a motor carrier license shall exercise direct supervision and control
over all operations conducted with vehicles registered under its license
or utilized in conducting operations under its license. The holder may be
called upon to demonstrate that it is exercising direct supervision and
control. Failure to exercise active supervision and control shall constitute
the unauthorized transfer of operating rights in violation of this Chapter.
Where an unauthorized transfer occurs, both the transferor and transferee
shall have committed violations of this Chapter. Nothing contained herein
shall prevent the holder from exercising such supervision and control through
a manager or other bona fide employee of the holder.
Elements to be considered in evaluating whether supervision and control
is being exercised include solicitation; public identification; billing;
collecting; dispatching drivers and equipment; hiring; evaluation and
firing of drivers and other personnel; liability for cargo loss or damage;
and responsibility for payment of carrier expenses.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-4308
(625 ILCS 5/18c-4308) (from Ch. 95 1/2, par. 18c-4308)
Sec. 18c-4308.
Enforcement of Transfer Requirements.
The Commission may, on its own motion or on complaint,
investigate and determine whether violations of this Article have
occurred. When the Commission determines that a carrier or other
person is violating the provisions of this Article it shall by
order require the carrier or other person to take whatever action
is necessary to prevent continuance of the violation, and may, in
addition, impose sanctions as provided in this Chapter.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-4309
(625 ILCS 5/18c-4309) (from Ch. 95 1/2, par. 18c-4309)
Sec. 18c-4309.
Temporary Suspension and Transfer.
Periods during which
a license is temporarily
suspended by order of the Commission shall not be considered as part of the 1-year
period for which an abstract of shipments must be provided for application to transfer
a license pursuant to Section 18c-4303 of this Chapter, or for the 2-year
period used to determine whether a proposed transferor has abandoned,
discontinued or suspended service without Commission authorization pursuant
to Section 18c-4305 of this Chapter. This Section shall apply to all
temporary suspension applications filed, and all temporary suspensions
granted, on or after January 1, 1986.
(Source: P.A. 85-553.)
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625 ILCS 5/Ch 18C Sub 4 Art IV
(625 ILCS 5/Ch 18C Sub 4 Art IV heading)
ARTICLE IV.
RATE FILINGS AND REGISTRATION OF
INTRASTATE PUBLIC CARRIERS AND EQUIPMENT AND
REGISTRATION OF INTERSTATE CARRIERS AND EQUIPMENT
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625 ILCS 5/18c-4401
(625 ILCS 5/18c-4401) (from Ch. 95 1/2, par. 18c-4401)
Sec. 18c-4401. Registration required.
(1) General provisions. No intrastate public carrier and no interstate
carrier
shall operate over the public roads of this
State without a
registration issued pursuant to this Article and in effect at the
time operations are conducted. As used in this Article, "interstate carrier" includes any private carrier that is required to register under federal law.
(2) Interstate intercorporate hauling and single-source leasing.
Persons or entities engaged in
interstate compensated intercorporate hauling, and interstate
private carriers which lease equipment, with drivers, are
interstate carriers for purposes of this Article notwithstanding any
other provision of this Chapter.
However, the Commission may:
(a) Exempt such carriers from the requirements of | |
(b) Subject any such exemption to such reasonable
| | terms 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
| | deems revocation necessary to effectuate the purposes of this Chapter.
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(Source: P.A. 94-760, eff. 1-1-07.)
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625 ILCS 5/18c-4402
(625 ILCS 5/18c-4402) (from Ch. 95 1/2, par. 18c-4402)
Sec. 18c-4402.
Registration Standards.
The Commission shall not issue a registration until after the
carrier has:
(1) Properly filed an application for registration; and
(2) Complied with Commission regulations and orders regarding:
(a) Application, franchise, franchise renewal, and other
fees and levies; and
(b) Proof of insurance.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-4403
(625 ILCS 5/18c-4403) (from Ch. 95 1/2, par. 18c-4403)
Sec. 18c-4403.
Issuance of registrations.
The Commission may issue registrations to any qualified applicant
authorizing bona fide intrastate public carrier or interstate operations,
if it is found that
the applicant is fit, willing, and able to provide service in
conformity with the requirements of this Chapter, Commission
regulations and orders.
(Source: P.A. 89-444, eff. 1-25-96.)
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