State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]

[ Senate Amendment 001 ]



 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing   18b-101,   18b-102,  18b-104,  18b-109,  18c-1202,
 6    18c-1204, and 18c-1703 as follows:

 7        (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
 8        Sec. 18b-101.  Definitions.  Unless the context otherwise
 9    clearly requires, as used in this Chapter:
10        "Commercial motor vehicle" means any  self  propelled  or
11    towed  vehicle  used  on  public  highways  in interstate and
12    intrastate commerce to transport passengers or property  when
13    the  vehicle  has  a  gross  vehicle  weight, a gross vehicle
14    weight  rating,  a  gross  combination  weight,  or  a  gross
15    combination weight rating of 10,001 or more  pounds;  or  the
16    vehicle  is  designed  to  transport more than 15 passengers,
17    including  the  driver;  or  the  vehicle  is  used  in   the
18    transportation of hazardous materials in a quantity requiring
19    placarding    under    the   Illinois   Hazardous   Materials
20    Transportation Act.  This definition shall not  include  farm
21    machinery,    fertilizer   spreaders,   and   other   special
22    agricultural movement equipment described  in  Section  3-809
23    nor implements of husbandry as defined in Section 1-130;
24        "Officer" means Illinois State Police Officer or Illinois
25    Commerce Commission police officer;
26        "Person"   means   any   natural  person  or  individual,
27    governmental   body,    firm,    association,    partnership,
28    copartnership,  joint  venture,  company,  corporation, joint
29    stock company, trust, estate or any  other  legal  entity  or
30    their legal representative, agent or assigns.
31    (Source: P.A. 90-89, eff. 1-1-98; 91-179, eff. 1-1-00.)
                            -2-               SRS92SB0055AKcp
 1        (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
 2        Sec.  18b-102.   Authority  of Department.  To the extent
 3    necessary to  administer  this  Chapter,  the  Department  is
 4    authorized to:
 5        (a)  Adopt by reference all or any portion of the Federal
 6    Motor   Carrier  Safety  Regulations  of  the  United  States
 7    Department of Transportation, as they are  now  or  hereafter
 8    amended.
 9        (b)  Conduct    investigations;   make   reports;   issue
10    subpoenas;  conduct  hearings;  require  the  production   of
11    relevant  documents,  records and property; take depositions;
12    and, in conjunction with the Illinois State  Police,  conduct
13    directly  or indirectly research, development, demonstrations
14    and training activities.
15        (c)  Authorize any  officer  or  Department  employee  to
16    enter  upon, inspect and examine at reasonable times and in a
17    reasonable manner, the records and properties of  persons  to
18    the   extent  such  records  and  properties  relate  to  the
19    transportation by motor vehicle of persons or property.
20        (d)  Conduct a continuing review of all  aspects  of  the
21    transportation  of  persons  and property by motor vehicle in
22    order to determine and recommend appropriate steps to  assure
23    safe transportation by motor vehicle in Illinois.
24        (e)  Administer   and  enforce  the  provisions  of  this
25    Chapter and any  rules  and  regulations  issued  under  this
26    Chapter.    Only  the  Illinois  State  Police  and  Illinois
27    Commerce Commission police officers shall  be  authorized  to
28    stop  and  inspect  any Commercial motor vehicle or driver at
29    any time for the purpose of determining compliance  with  the
30    provisions  of  this  Chapter or rules and regulations issued
31    under this Chapter.
32    (Source: P.A. 90-89, eff. 1-1-98.)

33        (625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
                            -3-               SRS92SB0055AKcp
 1        Sec. 18b-104.  Cooperation with State Agencies -  Records
 2    and Data - Availability.  The Department shall cooperate with
 3    other  State  agencies  regulating  transportation  by  motor
 4    vehicles  and  may  enter into interagency agreements for the
 5    purpose of sharing data.  The Department shall enter into  an
 6    interagency  agreement  with  the  Illinois  State Police and
 7    Illinois Commerce Commission for the purpose of enforcing any
 8    provisions of this Chapter  and  the  rules  and  regulations
 9    issued under this Chapter.
10    (Source: P.A. 86-611.)

11        (625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
12        Sec.  18b-109.   Enforcement  of  Rules  and Regulations.
13    Only  the  Illinois  State  Police  and   Illinois   Commerce
14    Commission  police  officers  shall  enforce  the  rules  and
15    regulations  issued  under this Chapter against drivers.  The
16    Department, Illinois Commerce Commission police officers, and
17    the  Illinois  State  Police  shall  enforce  the  rules  and
18    regulations issued under this Chapter against  persons  other
19    than drivers.
20    (Source: P.A. 86-611.)

21        (625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
22        Sec.  18c-1202.   Enumeration  of  Powers. The Commission
23    shall have the power to:
24        (1)  Administer and enforce provisions of this Chapter;
25        (2)  Regulate the entry, exit, and services of  carriers;
26    as  to  public  carriers,  this  power  is limited to matters
27    relating to insurance and safety standards;
28        (3)  Regulate rates  and  practices  of  household  goods
29    carriers,  rail  carriers,  passenger  carriers,  and  common
30    carriers by pipeline;
31        (4)  Establish and maintain systems of accounting as well
32    as  reporting  and  record-keeping requirements for household
                            -4-               SRS92SB0055AKcp
 1    goods carriers, rail carriers, passenger carriers, and common
 2    carriers by pipeline;
 3        (5)  Establish   and    maintain    systems    for    the
 4    classification of carriers, commodities and services;
 5        (6)  Regulate practices, terms and conditions relating to
 6    the  leasing of equipment and to the interchange of equipment
 7    among carriers; as to public carriers, this power is  limited
 8    to matters relating to insurance and safety standards;
 9        (7)  Protect  the  public  safety  through  insurance and
10    safety standards;
11        (8)  Regulate brokers in accordance  with  provisions  of
12    this Chapter;
13        (9)  Adopt  appropriate  regulations  setting  forth  the
14    standards  and  procedures  by  which  it will administer and
15    enforce this Chapter, with such regulations being uniform for
16    all modes of transportation or different  for  the  different
17    modes  as  will,  in  the  opinion  of  the  Commission, best
18    effectuate the purposes of this Chapter;
19        (10)  Conduct hearings and  investigations,  on  its  own
20    motion or the motion of a person;
21        (11)  Adjudicate   disputes,  hear  complaints  or  other
22    petitions for relief, and settle such matters by  stipulation
23    or agreement;
24        (12)  Create  special  procedures  for  the  receipt  and
25    handling of consumer complaints;
26        (13)  Issue certificates describing the extent to which a
27    person is exempt under the provisions of this Chapter;
28        (14)  Construe  this  Chapter, Commission regulations and
29    orders, except that the rule of ejusdem generis shall not  be
30    applicable  in  the  construction  or  interpretation  of any
31    license, certificate or permit originally  issued  under  the
32    Illinois  Motor  Carrier  of Property Law and now governed by
33    subchapter 4 of this Chapter or issued under subchapter 4  of
34    this Chapter prior to July 1, 1989;
                            -5-               SRS92SB0055AKcp
 1        (15)  Employ such persons as are needed to administer and
 2    enforce  this Chapter, in such capacities as they are needed,
 3    whether as hearings examiners, special examiners, enforcement
 4    officers, investigators, or otherwise;
 5        (16)  Create   advisory    committees    made    up    of
 6    representatives   of   the   various   transportation  modes,
 7    shippers, receivers, or other members of the public;
 8        (17)  Initiate and  participate  in  proceedings  in  the
 9    federal or State courts, and in proceedings before federal or
10    other  State  agencies, to the extent necessary to effectuate
11    the purposes of this Chapter, provided that participation  in
12    specific   proceedings   is  directed,  in  writing,  by  the
13    Commission;
14        (18)  Direct any telecommunications carrier to disconnect
15    the telephone number published in any commercial  listing  of
16    any  household  goods  carrier  that  does  not  have a valid
17    license issued by the Commission; .
18        (19)  Conduct motor carrier safety inspections.
19    (Source: P.A. 89-444, eff. 1-25-96.)

20        (625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
21        Sec. 18c-1204. Transportation Division.
22        (1)  Establishment. There shall be established within the
23    staff of the Commission a Transportation  Division  in  which
24    primary  staff  responsibility  for  the  administration  and
25    enforcement  of this Chapter and Chapter 18a shall be vested.
26    The Transportation Division shall be  headed  by  a  division
27    manager responsible to the executive director.
28        (2)  Structure. The Transportation Division shall consist
29    of  4  programs  and  2  offices.  The  4  programs  shall be
30    Compliance, Review and Examination, Docketing and Processing,
31    and Rail Safety. Each program shall be headed  by  a  program
32    director and responsible to the division manager, except that
33    in  the Compliance Program the 3 staff supervisors shall each
                            -6-               SRS92SB0055AKcp
 1    be responsible to the division manager. The 2  offices  shall
 2    be the Office of Transportation Counsel and the Office of the
 3    Division Manager.  The Office of Transportation Counsel shall
 4    be  headed  by  a  Chief  Counsel responsible to the Division
 5    Manager.   The  Division   Manager   shall   coordinate   the
 6    activities    and   responsibilities   of   the   Office   of
 7    Transportation Counsel with the executive  director  and  the
 8    personal  assistant serving as staff counsel to the executive
 9    director in the office of the executive  director,  and  with
10    the Commission.
11             (a)  The Compliance Program.
12                  (i)  The  Compliance Program shall consist of a
13             police staff, a rate auditing  staff,  and  a  civil
14             penalties  staff.  These staffs shall be headed by a
15             Chief of Police, a Supervisor of Tariffs and Audits,
16             and a Supervisor of Civil Penalties, respectively.
17                  (ii)  The police staff shall  be  divided  into
18             districts with a field office in each district. Each
19             district  shall  be  headed  by a working supervisor
20             responsible to  the  Chief  of  Police.   All  staff
21             responsibility  for  enforcement  of  this  Chapter,
22             except  with  regard to rail safety, shall be vested
23             in the Compliance Program.
24                  (iii)  The police staff shall undergo the  same
25             motor  carrier safety training required for Illinois
26             State  Police  Officers  under  the  Rules  of   the
27             Department of State Police.
28             (b)  The Review and Examination Program.
29                  (i)  Staff  responsibility  for  review  of all
30             nonhearing matters under this  Chapter  and  Chapter
31             18a  and  examination  of  all  matters assigned for
32             hearing under this Chapter and Chapter 18a shall  be
33             vested in the Review and Examination Program, except
34             as otherwise provided in Section 18c-1204b.
                            -7-               SRS92SB0055AKcp
 1                  (ii)  Hearing  examiners  in  the program shall
 2             have responsibility for developing a full,  complete
 3             and  impartial record on all issues to be decided in
 4             a proceeding; recommending disposition of the issues
 5             or making an initial decision on them,  as  provided
 6             in  this  Chapter;  and setting forth in writing the
 7             basis   for   their   recommendations   or   initial
 8             decisions. The program director shall be  the  chief
 9             hearing  examiner for matters under this Chapter and
10             Chapter   18a   with   responsibility   to    insure
11             consistency    of    recommendations   and   initial
12             decisions.
13             (c)  The  Processing  and  Docketing  Program.   All
14        staff  responsibility  for   docketing   and   processing
15        filings,   accounting   of   receipts  and  expenditures,
16        issuing, file maintenance and other processing  functions
17        under this Chapter and Chapter 18a shall be vested in the
18        Processing Program.
19             (d)  The  Rail  Safety Program. Staff responsibility
20        for administration and enforcement  of  the  rail  safety
21        provisions  of  this  Chapter shall be vested in the Rail
22        Safety Program.
23             (e)  The Office of Transportation Counsel.
24                  (i)  All Commission  staff  responsibility  for
25             provision  of  legal services in connection with any
26             matter under  this  Chapter,  excepting  any  matter
27             under  subchapters  7  and  8 of this Chapter, or in
28             connection with any matter under Chapter 18a  shall,
29             except with regard to functions vested in the review
30             and  examination program under paragraph (b) of this
31             subsection, be vested exclusively in the  Office  of
32             Transportation Counsel.
33                  (ii)  The   Office  of  Transportation  Counsel
34             shall, when directed through the division manager to
                            -8-               SRS92SB0055AKcp
 1             do so, represent the Commission or Commission  staff
 2             in administrative or judicial proceedings and render
 3             staff  advisory  opinions  to the executive director
 4             and the Commission.
 5             (f)  Levels of Administration.  No additional levels
 6        of administration,  supervision  or  authority  shall  be
 7        superimposed,  or  remain  superimposed,  between  levels
 8        prescribed  under  this  Section,  and  no organizational
 9        units may be created within the  Transportation  Division
10        except as prescribed under this Section.
11        (3)  Additional  Functions.   Staff functions relating to
12    rulemaking, policy recommendations  and  advisory  committees
13    under  this  Chapter  and  Chapter 18a shall be vested in the
14    Transportation Division.
15        The staff shall prepare and  distribute  to  the  General
16    Assembly,  in  April  of  each  year,  a  report  on  railway
17    accidents  in Illinois which involve hazardous materials. The
18    report  shall  include  the  location,  substance   involved,
19    amounts involved, and the suspected reason for each accident.
20    The  report  shall  also  reveal  the  rail line and point of
21    origin of the hazardous material involved in each accident.
22    (Source: P.A. 88-415.)

23        (625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
24        Sec.   18c-1703.    Investigations   and   Arrests.   (1)
25    Enforcement Officers and Investigators. Enforcement  officers
26    and investigators appointed by the Commission shall have, and
27    may  exercise  throughout the state, all the powers of police
28    officers when enforcing provisions of this  Chapter,  subject
29    to the regulations and orders of the Commission.
30        (2)  Investigations.
31        (a)  General  Provisions.  The  Commission,  through  its
32    employees, shall conduct such investigations as are necessary
33    for the enforcement of this Chapter.
                            -9-               SRS92SB0055AKcp
 1        (b)  Examination,   Audit   and  Production  of  Records.
 2    Authorized employees of the Commission shall have  the  power
 3    at  any and all times to examine, audit, or demand production
 4    of all accounts, books, records, memoranda, and other  papers
 5    in  the  possession  or  control of a license or registration
 6    holder, its employees or agents. In  addition,  every  person
 7    other  than  a  license  or  registration  holder  and  every
 8    officer,  employee or agent of such person shall permit every
 9    authorized employee of the  Commission,  upon  administrative
10    subpoena  issued  by  the  Chairman  or  his  designee or the
11    Attorney General, to inspect and copy  any  accounts,  books,
12    records,  memoranda,  letters,  checks,  vouchers, telegrams,
13    documents, or other papers in its possession or control which
14    the Commission deems necessary to the proper  conduct  of  an
15    investigation   to   determine  whether  provisions  of  this
16    Chapter,  Commission  regulations  or   orders,   have   been
17    violated.
18        (c)  Inspection  of  Equipment and Facilities. Authorized
19    employees of the Commission shall have the power at all times
20    to inspect the equipment, facilities, and other  property  of
21    the  licensee  in  the  possession or control of a carrier or
22    broker, its employees  or  agents,  including  the  power  to
23    conduct safety inspections.
24        (d)  Special  Investigations.  The  Commission  may  also
25    conduct   special   investigations   as   necessary  for  the
26    enforcement of this Chapter.  Where such person is  found  by
27    the  Commission  to have violated this Chapter, and where the
28    Commission  imposes  a  sanction  for  such  violation  under
29    Section 18c-1704 of this Chapter, the Commission  may  impose
30    on  such person an assessment of reasonable expenses incurred
31    by  the  Commission  in  the  investigation  and   subsequent
32    proceeding.   Such  assessment shall not exceed a fee of $100
33    per work day or $50 per half work day, per employee, for  the
34    payroll   costs   of   the   Commission  staff,  plus  actual
                            -10-              SRS92SB0055AKcp
 1    transportation (in accordance with applicable state  employee
 2    travel  expense  reimbursement  regulations)  and  all  other
 3    actual  expenses  incurred  in  the special investigation and
 4    subsequent proceeding.
 5        (3)  Arrests and Citations.  The  Commission  shall  make
 6    arrests and issue notices of civil violations where necessary
 7    for the enforcement of this Chapter. No rail carrier employee
 8    shall  be  arrested for violation of this Chapter.  No person
 9    operating a motor vehicle in violation of  the  licensing  or
10    safety  provisions  of  this  Chapter  shall  be permitted to
11    transport property or passengers beyond the point  of  arrest
12    unless,  in  the opinion of the officer making the arrest, it
13    is necessary to  transport  the  property  or  passengers  to
14    another  location  to  insure  their safety or to preserve or
15    tend cargo carried in the vehicle.
16    (Source: P.A. 85-553.)

[ Top ]