Specifically, Admiral argues that the Department is collaterally estopped from denying that Admiral is a private carrier because it had argued that Advance Disposal, a similarly situated business, was a private carrier. As defendant properly notes, however, collateral estoppel bars only the relitigation of facts, not questions of law. 295 Ill. App. The present case involves only questions of law, and collateral estoppel is therefore not applicable. Upon our review of the record, we determine that the administrative law judge did not err in determining that the actual transportation of refuse was merely incidental to Admiral's business as a refuse collector.
Admiral provides a service.
For a fee, it provides refuse containers and then empties the containers at set intervals. It subsequently transports the refuse to one of two landfill sites, but it is counterintuitive to assume that Admiral is primarily in the business of transporting refuse. This is merely an incidental element of its business. Therefore, we find that Admiral is not a carrier for hire and is not entitled to the rolling stock exemption of the Act. For the foregoing reasons, the judgment of the circuit court of Du Page County is affirmed.