625 ILCS 5/18b-112
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 18b - Motor Carrier Safety Regulations

(625 ILCS 5/18b-112)Sec. 18b-112. Intermodal trailer, chassis, and safety.(a) Definitions.  For purposes of this Section:"Equipment interchange agreement" means a  written document executed by the intermodal  equipment provider and operator at the time the  equipment is interchanged by the provider to the  operator."Equipment provider" is the owner of an intermodal trailer, chassis, or  container.  This includes any forwarding company, water carrier, steamship line, railroad,  vehicle  equipment leasing company, and their subsidiary or affiliated companies owning  the  equipment."Federal motor carrier safety regulations"  means regulations promulgated by the United  States Department of Transportation governing  the condition and maintenance of commercial  motor vehicles contained in Title 49 of the  United States Code of Federal Regulations on the  day of enactment of this Act or as amended or  revised by the United States Department of  Transportation thereafter."Interchange" means the act of providing a  vehicle to a motor carrier by an equipment  provider for the purpose of transporting the  vehicle for loading or unloading by another party  or the repositioning of the vehicle for the benefit  of the equipment provider. "Interchange" does  not include the leasing of the vehicle by a motor  carrier from an owner-operator pursuant to  subpart B of Part 376 of Title 49 of the Code of  Federal Regulations or the leasing of a vehicle to  a motor carrier for use in the motor carrier's over-the-road freight hauling  operations."Operator" means a motor carrier or driver of  a commercial motor vehicle."Vehicle" means an intermodal trailer,  chassis, or container.(b) Responsibility of equipment  provider.  An equipment provider shall not  interchange or offer for interchange a vehicle  with an operator for use on a highway which  vehicle is in violation of the requirements  contained in the federal motor carrier safety  regulations. It is the responsibility of the  equipment provider to inspect and, if a vehicle at  the time of inspection does not comply with all  federal motor carrier safety regulation  requirements, perform the necessary repairs on,  all vehicles prior to interchange or offering for  interchange.(c) Duty of inspection by the  operator. Before interchanging a vehicle with an  operator, an equipment provider must provide the  operator the opportunity and facilities to perform  a visual inspection of the equipment.  The operator must determine  if it complies with the provisions of the federal  motor carrier safety regulation capable of being  determined from an inspection.  If the operator  determines that the vehicle does not comply with  the provisions of the federal motor carrier safety  regulations, the equipment provider shall  immediately perform the necessary repairs to the  vehicle so that it complies with the federal motor  carrier safety regulations or shall immediately  provide the operator with another vehicle.(d) Presumption of defect prior to  interchange.(1) If as a result of a roadside inspection by the     Illinois State Police, any of the defects listed in paragraph (2) are discovered, a rebuttable presumption existed at the time of the interchange.  If a summons or complaint is issued to the operator, the operator may seek relief pursuant to paragraph (3).(2) A rebuttable presumption exists that the     following defects were present at the time of the interchange:(A) There is a defect with the brake drum  when:(I) the drum cracks;(II) the lining is  loose or missing; or(III) the lining is saturated with oil.(B) There is a defect of inoperative  brakes when:(I) there is no movement of any  components;(II) there are missing, broken, or loose             components; or(III) there are mismatched components.(C) There is a defect with the air lines and         tubing when:(I) there is a bulge and swelling;(II) there is an audible air leak; or(III) there are air lines broken, cracked, or             crimped.(D) There is a defect with the reservoir tank         when there is any separation of original attachment points.(E) There is a defect with the frames  when:(I) there is any cracked, loose, sagging, or             broken frame members which measure one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange; or(II) there is any condition which causes             moving parts to come in contact with the frame.(F) There is an electrical defect when wires are         chaffed.(G) There is a defect with the wheel assembly         when:(I) there is low or no oil;(II) there is oil leakage on brake             components;(III) there are lug nuts that are loose or             missing; or(IV) the wheel bearings are not properly             maintained.(H) There is a defect with the tires when:(I) there is improper inflation;(II) there is tire separation from the             casing; or(III) there are exposed plys or belting             material.(I) There is defect with rim cracks when:(I) there is any circumferential crack,             except a manufactured crack; or(II) there is a lock or side ring cracked,             bent, broken, sprung, improperly seated, or mismatched.(J) There is a defect with the suspension  when:(I) there are spring assembly leaves broken,             missing, or separated; or(II) there are spring hanger, u-bolts, or             axle positioning components cracked, broken loose, or missing.(K) There is a defect with the chassis locking         pins when there is any twist lock or fitting for securement that is sprung, broken, or improperly latched.(3) If an operator receives a citation for a     violation due to a defect in any equipment specified in subsection (d)(2), the equipment provider shall reimburse the operator for any:(A) fines and costs, including court costs and         reasonable attorneys fees, incurred as a result of the citation; and(B) costs incurred by the operator to repair the         defects specified in the citation, including any towing costs incurred.The equipment provider shall reimburse the operator     within 30 days of the final court action.  If the equipment provider fails to reimburse the operator within 30 days, the operator has a civil cause of action against the equipment provider.(e) Fines and penalties.  Any person  violating the provisions of this Section shall be fined  no less than $50 and no more than $500 for each  violation.(f) Obligation of motor carrier.  Nothing in this Section is intended to eliminate the  responsibility and obligation of a motor carrier and operator to  maintain and operate vehicles in accordance with  the federal motor carrier safety regulations and  applicable State and local laws and regulations.(g) This Section shall not be applied, construed, or implemented in any  manner inconsistent with, or in conflict with, any provision of the federal  motor carrier safety regulations.  (Source: P.A. 102-538, eff. 8-20-21.)