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91_HB1676eng HB1676 Engrossed LRB9102242KSsbA 1 AN ACT to amend the Illinois Vehicle Code by adding 2 Section 18b-112. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 adding Section 18b-112 as follows: 7 (625 ILCS 5/18b-112 new) 8 Sec. 18b-112. Intermodel trailer, chassis, and safety. 9 (a) Definitions. For purposes of this Section: 10 "Department" means the Department of State Police. 11 "Equipment interchange agreement" means a written 12 document executed by the intermodal equipment provider and 13 operator at the time the equipment is interchanged by the 14 provider to the operator. 15 "Equipment provider" means any railroad, railroad 16 subsidiary or affiliated company, forwarding company, water 17 carrier, steamship line, vehicle equipment leasing company, 18 or anyone acting as the agent of such entities authorizing 19 delivery or physical possession of an intermodal vehicle with 20 a motor carrier. 21 "Federal motor carrier safety regulations" means 22 regulations promulgated by the United States Department of 23 Transportation governing the condition and maintenance of 24 commercial motor vehicles contained in Title 49 of the United 25 States Code of Federal Regulations on the day of enactment of 26 this Act or as amended or revised by the United States 27 Department of Transportation thereafter. 28 "Interchange" means the act of providing a vehicle to a 29 motor carrier by an equipment provider for the purpose of 30 transporting the vehicle for loading or unloading by another 31 party or the repositioning of the vehicle for the benefit of HB1676 Engrossed -2- LRB9102242KSsbA 1 the equipment provider. "Interchange" does not include the 2 leasing of the vehicle by a motor carrier from an 3 owner-operator pursuant to subpart B of Part 376 of Title 49 4 of the Code of Federal Regulations or the leasing of a 5 vehicle to a motor carrier for use in the motor carrier's 6 over-the-road freight hauling operations. 7 "Operator" means a motor carrier or driver of a 8 commercial motor vehicle. 9 "Vehicle" means an intermodal trailer, chassis, or 10 container. 11 (b) Responsibility of equipment provider. An equipment 12 provider shall not interchange or offer for interchange a 13 vehicle with an operator for use on a highway which vehicle 14 is in violation of the requirements contained in the federal 15 motor carrier safety regulations. It is the responsibility of 16 the equipment provider to inspect and, if a vehicle at the 17 time of inspection does not comply with all federal motor 18 carrier safety regulation requirements, perform the necessary 19 repairs on, all vehicles prior to interchanging or offering 20 for interchange. 21 (c) Right of inspection by the operator. Before 22 interchanging a vehicle with an operator, an equipment 23 provider must provide the operator the opportunity and 24 facilities to perform a visual inspection of the equipment. 25 The operator must determine if it complies with the 26 provisions of the federal motor carrier safety regulation 27 capable of being determined from an inspection. If the 28 operator determines that the vehicle does not comply with the 29 provisions of the federal motor carrier safety regulations, 30 the equipment provider shall immediately perform the 31 necessary repairs to the vehicle so that it complies with the 32 federal motor carrier safety regulations or shall immediately 33 provide the operator with another vehicle. 34 (d) Presumption of defect prior to interchange. HB1676 Engrossed -3- LRB9102242KSsbA 1 (1) If as a result of a roadside inspection by the 2 Department, any of the defects listed in paragraph (2) 3 are discovered, it shall be presumed that the defect 4 existed at the time of the interchange, unless the 5 violations are due to actions or omissions of the motor 6 carrier operator after the vehicle was tendered. If a 7 summons or complaint is issued to the operator, the 8 operator may seek relief pursuant to paragraph (3). 9 (2) All of the following defects shall be presumed 10 to have existed at the time of the interchange, unless 11 the violations are due to actions or omissions of the 12 motor carrier operator after the vehicle was tendered: 13 (A) There is a defect with the brake drum 14 when: 15 (I) the drum cracks; 16 (II) the lining is loose or missing; or 17 (III) the lining is saturated with oil. 18 (B) There is a defect of inoperative brakes 19 when: 20 (I) there is no movement of any 21 components; 22 (II) there are missing, broken, or loose 23 components; or 24 (III) there are mismatched components. 25 (C) There is a defect with the air lines and 26 tubing when: 27 (I) there is a bulge and swelling; 28 (II) there is an audible air leak; or 29 (III) there are air lines broken, 30 cracked, or crimped. 31 (D) There is a defect with the reservoir tank 32 when there is any separation of original attachment 33 points. 34 (E) There is a defect with the frames when: HB1676 Engrossed -4- LRB9102242KSsbA 1 (I) there is any cracked, loose, sagging, 2 or broken frame members which measure one and 3 one-half inch in web or one inch or longer in 4 bottom flange or any crack extending from web 5 radius into bottom flange; or 6 (II) there is any condition which causes 7 moving parts to come in contact with the frame. 8 (F) There is an electrical defect when wires 9 are chaffed. 10 (G) There is a defect with the wheel assembly 11 when: 12 (I) there is low or no oil; 13 (II) there is oil leakage on brake 14 components; 15 (III) there are lug nuts that are loose 16 or missing; or 17 (IV) the wheel bearings are not properly 18 maintained. 19 (H) There is a defect with the tires when: 20 (I) there is improper inflation; 21 (II) there is tire separation from the 22 casing; or 23 (III) there are exposed plys or belting 24 material. 25 (I) There is defect with rim cracks when: 26 (I) there is any circumferential crack, 27 except a manufactured crack; or 28 (II) there is a lock or side ring 29 cracked, bent, broken, sprung, improperly 30 seated, or mismatched. 31 (J) There is a defect with the suspension 32 when: 33 (I) there are spring assembly leaves 34 broken, missing, or separated; or HB1676 Engrossed -5- LRB9102242KSsbA 1 (II) there are spring hanger, u-bolts, or 2 axle positioning components cracked, broken 3 loose, or missing. 4 (K) There is a defect with the chassis locking 5 pins when there is any twist lock or fitting for 6 securement that is sprung, broken, or improperly 7 latched. 8 (3) If an operator receives a citation for a 9 violation due to a defect in any equipment specified in 10 subsection (b), the vehicle provider shall reimburse the 11 operator for any: 12 (A) fines and costs, including court costs and 13 reasonable attorneys fees, incurred as a result of 14 the citation, whether the operator is found guilty 15 or not; and 16 (B) costs incurred by the operator to repair 17 the defects specified in the citation, including any 18 towing costs incurred. 19 The vehicle provider shall reimburse the operator 20 within 30 days of the final court action. 21 (e) Fines and penalties. Any person violating the 22 provisions of this Section shall be fined no less than $50 23 and no more than $500 for each violation. 24 (f) Obligation of motor carrier. Nothing in this Section 25 is intended to eliminate the responsibility and obligation of 26 a motor carrier and operator to maintain and operate vehicles 27 in accordance with the federal motor carrier safety 28 regulations and applicable State and local laws and 29 regulations. 30 Section 99. Effective date. This Act takes effect on 31 January 1, 2000.