625 ILCS 5/18c-1104
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 18c - Illinois Commercial Transportation Law

 (from Ch. 95 1/2, par. 18c-1104)Sec. 18c-1104.     Definitions.     The following terms, when used in this  Chapter, have the hereinafter designated meanings unless their context  clearly indicates otherwise:(1) "Broker" means any person other than a motor carrier of  property, that arranges, offers to arrange, or holds  itself out, by solicitation, advertisement, or  otherwise, as arranging or offering to arrange for-hire  transportation of property or other service in  connection therewith by a motor carrier of property  which holds or is required to hold a license issued by the Commission.(2) "Carrier" means any motor carrier or rail carrier other than a private  carrier.(3) "Certificate" means a certificate of public convenience  and necessity issued under this Chapter to common carriers  of household goods.(4) "Commission" means the Illinois Commerce Commission.(5) "Commission regulations and orders" means rules and  regulations adopted and orders or decisions issued by the Commission  pursuant to this Chapter; any certificate, permit,  broker's license or other license or registration issued  pursuant to such rules, regulations, orders and decisions; and all  terms, conditions, or limitations thereof.(6) (Blank).(7) (Blank).(8) (Blank).(9) "Discrimination" means undue discrimination in the  context of the particular mode of transportation involved.(10) "Farm crossing" means a crossing used for agricultural and livestock  purposes only.(11) "For-hire" means for compensation or hire, regardless of  the form of compensation and whether compensation is direct or indirect.(12) "Freight forwarder" means any person other than a motor  carrier, rail carrier, or common carrier by pipeline  which holds itself out as a common carrier to provide  transportation of property, for compensation or hire,  which, in the rendition of its services:(a) Undertakes responsibility for the consolidation     (where applicable), transportation, break-bulk (where applicable), and distribution  of such property from the point of receipt to the point of delivery; and(b) Utilizes, for the transportation of such     property, the services of one or more motor carriers or rail carriers.(13) "Hazardous material" means any substance or material in  a quantity and form determined by the federal Office of  Hazardous Materials and the Federal Railroad  Administration to be capable of posing an unreasonable  risk to health, safety, or property when transported in commerce.(13.1) "Household goods" means:(A) Personal effects and property used or to be used     in a dwelling when a part of the equipment or supply of such dwelling; except that this subdivision (13.1) shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in his or her dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder;(B) Furniture, fixtures, equipment, and the property     of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments; except that this subdivision (13.1) shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as an incident to the moving of the establishment, or a portion thereof, from one location to another; and(C) Articles, including, but not limited to, objects     of art, displays, and exhibits, which, because of their unusual nature or value, require the specialized handling and equipment usually employed in moving household goods; except that this subdivision (13.1) shall not be construed to include any article, whether crated or uncrated, that does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.(13.2) "Household goods carrier" means a motor carrier of property  authorized to transport household goods.(13.3) "Household goods common carrier" means any household goods carrier  engaged in transportation for the general public over regular or irregular  routes.  Household goods common carriers may also be referred to as "common  carriers of household goods".(13.4) "Household goods contract carrier"  means any household goods carrier engaged in transportation under contract with  a limited number of shippers (that shall not be freight forwarders, shippers'  agents or brokers) that either (a) assigns motor vehicles for a continuing  period of time to the exclusive use of the shipper or shippers served, or (b)  furnishes transportation service designed to meet the distinct need of the  shipper or shippers served.  Household goods contract carriers may also be  referred to as "contract carriers of household goods".(14) "Interstate carrier" means any person engaged in the  for-hire transportation of persons or property in  interstate or foreign commerce in this State, whether or  not such transportation is pursuant to authority issued  to it by the Interstate Commerce Commission.(15) "Intrastate carrier" means any person engaged in the  for-hire transportation of persons or property in  intrastate commerce in this State.(16) "Interstate commerce" means commerce between a point in  the State of Illinois and a point outside the State of  Illinois, or between points outside the State of  Illinois when such commerce moves through Illinois, or  between points in Illinois moving through another state  in a bona fide operation that is either exempt from  federal regulation or moves under a certificate or permit issued by  the Interstate Commerce Commission authorizing interstate transportation,  whether such commerce moves wholly by motor vehicle or  partly by motor vehicle and partly by any other  regulated means of transportation where the commodity  does not come to rest or change its identity during the  movement, and includes commerce originating or  terminating in a foreign country moving through the State of Illinois.(17) "Intrastate commerce" means commerce moving wholly  between points within the State of Illinois, whether  such commerce moves wholly by one transportation mode or partly by  one mode and partly by any other mode of transportation.(18) "License" means any certificate, permit, broker's  license, or other license issued under this Chapter.  For purposes of Article  III of Sub-chapter 4 of this Chapter, "license" does not include a "public  carrier certificate".(19) "Motor carrier" means any person engaged in the  transportation of property or passengers, or both, for  hire, over the public roads of this State, by motor  vehicle.  Motor carriers engaged in the transportation  of property are referred to as "motor carriers of  property"; motor carriers engaged in the transportation  of passengers are referred to as "motor carriers of  passengers" or "bus companies".(20) "Motor vehicle" means any vehicle, truck, trucktractor,  trailer or semitrailer propelled or drawn by mechanical  power and used upon the highways of the State in the  transportation of property or passengers.(21) "Non-relocation towing" means the:(a) For-hire transportation of vehicles by use of     wrecker or towing equipment, other than the removal of trespassing vehicles from private property subject to the provisions of Chapter 18a of this Code, and other than transportation exempted by Section 18c-4102; and(b) For-hire towing of wheeled property other than     vehicles.(22) "Notice" means with regard to all proceedings except enforcement  proceedings instituted on the motion of the Commission, and except for  interstate motor carrier registrations, public notice by publication in the  official state newspaper, unless otherwise provided in this Chapter.(23) "Official state newspaper" means the newspaper  designated and certified to the Commission annually by  the Director of Central Management Services of the State  of Illinois, or, if said Director fails to certify to  the Commission the name and address of the official  newspaper selected by the Director prior to expiration  of the previous certification, the newspaper designated  in the most recent certification.(24) "Party" means any person admitted as a party to a  Commission proceeding or seeking and entitled as a  matter of right to admission as a party to a Commission proceeding.(25) "Permit" means a permit issued under this Chapter to  contract carriers of property by motor vehicle.(26) "Person" means any natural person or legal entity,  whether such entity is a proprietorship, partnership,  corporation, association, or other entity, and, where a  provision concerns the acts or omissions of a person,  includes the partners, officers, employees, and agents  of the person, as well as any trustees, assignees,  receivers, or personal representatives of the person.(27) "Private carrier by motor vehicle" means any person  engaged in the transportation of property or passengers  by motor vehicle other than for hire, whether the person  is the owner, lessee or bailee of the lading or  otherwise, when the transportation is for the purpose of sale, lease, or  bailment and in furtherance of the person's primary business, other than  transportation.  "Private carriers by motor vehicle" may be  referred to as "private carriers".  Ownership, lease or  bailment of the lading is not sufficient proof of a  private carrier operation if the carrier is, in fact,  engaged in the transportation of property for-hire.(27.1) "Public carrier" means a motor carrier of property, other than a  household goods carrier.(27.2) "Public carrier certificate" means a certificate issued to a motor  carrier to transport property, other than household goods, in intrastate  commerce.  The issuance of a public carrier certificate shall not be subject to  the provisions of Article I of Sub-chapter 2 of this Chapter.(28) "Public convenience and necessity" shall be construed to have the same  meaning under this Chapter as it was construed by the courts to have under the  Illinois Motor Carrier of Property Law, with respect to motor carriers of  property, and the Public Utilities Act with respect to motor  carriers of passengers and rail carriers.(29) "Public interest" shall be construed to have the same  meaning under this Chapter as it was construed by the courts  to have under the Illinois Motor Carrier of Property Law.(30) "Rail carrier" means any person engaged in the  transportation of property or passengers for hire by  railroad, together with all employees or agents of such  person or entity, and all property used, controlled, or  owned by such person or entity.(31) "Railroad" means track and associated structures,  including bridges, tunnels, switches, spurs, terminals  and other facilities, and equipment, including engines,  freight cars, passenger cars, cabooses, and other  equipment, used in the transportation of property or  passengers by rail.(32) "Rail yard" means a system of parallel tracks, cross-overs and  switches where cars are switched and made up into trains, and where cars,  locomotives, and other rolling stock are kept when not in use or awaiting  repairs.  A "rail yard" may also be referred to as a "yard".(33) "Rate" means every individual or joint rate, fare, toll,  or charge of any carrier or carriers, any provisions relating to  application thereof, and any tariff or schedule  containing rates and provisions.  The term "tariff"  refers to a publication or document containing motor  common carrier rates and provisions  or rates and provisions applicable  via rail carrier under contracts established pursuant to  49 U.S. Code 10713.  The term "schedule" refers to a  publication or document containing motor contract  carrier rates and provisions.(34) "Registration" means a registration issued to an  interstate carrier.(35) "Shipper" means the consignor or consignee.(36) "Terminal area" means, in addition to the area within the corporate  boundary of an incorporated city, village, municipality,  or community center, the area (whether incorporated  or unincorporated) within 10 air miles of the  corporate limits of the base city, village, municipality, or  community center, including all of any city,  village or municipality which lies within such area.(37) "Transfer" means the sale, lease, consolidation, merger, acquisition  or change of control, or other transfer of a license, in whole or in part.(38) "Transportation" means the actual movement of property or passengers  by motor vehicle (without regard to ownership of vehicles or equipment used  in providing transportation service) or rail together with loading,  unloading, and any other accessorial or ancillary service provided by the  carrier in connection with movement by motor vehicle or rail,  which is performed by or on behalf of the carriers, its employees or agents,  or under the authority or direction of the carrier or under the apparent  authority or direction and with the knowledge of the carrier.  Transportation  of property by motor vehicle includes driveaway or towaway delivery service.(39) "Towing" means the pushing, towing, or drawing of wheeled  property by means of a crane, hoist, towbar, towline, or auxiliary axle.(40) "Wrecker or towing equipment" means tow trucks or auxiliary axles,  when used in relation to towing accidentally wrecked or disabled vehicles; and  roll-back carriers or trailers, when used in relation to transporting  accidentally wrecked or disabled vehicles.  Wrecker or towing equipment does  not include car carriers or trailers other than roll-back car carriers or  trailers.    (Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.  7-1-97.)