reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1301 - LICENSES AND REGISTRATIONS › Subpart B - TEMPORARY LICENSES › Section 1301.110 - Special Permission to File Rates

Current through Register Vol. 48, No. 28, July 12, 2024
Temporary licensees may file initial rates to be applicable
				  under the temporary license on less than 30 days' notice, provided that:
a) Such rates shall not be filed on less than
				1 day's notice;
b) Subsequent rates
				must be filed on statutory notice (see Section 18c-3202 of the Law (Ill. Rev.
				Stat. 1985, ch. 951/2, par. 18c-3202)) unless special permission to file on
				less than statutory notice has been granted pursuant to 92 Ill. Adm. Code
				1225.15;
c) Initial rates filed and published on less
				than 30 days' notice shall be limited to the rates already in effect for the
				transferor carrier when the temporary license authorizes the operation of a
				carrier pending transfer; and
d)
				This special permission shall not affect the deadline for any interested person
				to request investigation of the rates.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1301 - LICENSES AND REGISTRATIONS › Subpart B - TEMPORARY LICENSES › Section 1301.120 - Carrying Copy of License in Vehicle

Current through Register Vol. 48, No. 28, July 12, 2024
Each vehicle operated under a temporary license must carry a
				  copy of the temporary license as issued by the Commission. Such copy shall be
				  presented to any authorized law enforcement officer on
				  request.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1302 - CAB CARDS AND IDENTIFIERS › Section 1302.10 - Definition of Cab Card/Identifier

Current through Register Vol. 48, No. 28, July 12, 2024
Each motor vehicle used in for-hire transportation upon the
				public roads of this State must carry a current, executed (completed) cab card
				issued by or under the authority of the Illinois Commerce Commission
				("Commission") (Ill. Rev. Stat. 1985, ch. 951/2, par. 18c-4601). Intrastate cab
				cards shall bear a pre-printed identification number. Interstate cab cards
				shall either bear a pre-printed Illinois identification number or have an
				Illinois identification stamp affixed thereto.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1302 - CAB CARDS AND IDENTIFIERS › Section 1302.15 - Cab Card/Identifier Carrying Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cab cards/identifiers shall be executed,
			 carried, or presented in satisfaction of the requirements of the Illinois
			 Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 951/2, pars.
			 18c-1101 et seq.), this Part, or Commission orders no earlier than December 1
			 preceding the calendar year for which fees were paid, and no later than
			 February 1 of the calendar year for which fees were paid (See 92 Ill. Adm. Code
			 1205).
b) A vehicle operated in
			 both intrastate and interstate commerce must carry both an intrastate and an
			 interstate cab card/identifier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1302 - CAB CARDS AND IDENTIFIERS › Section 1302.20 - Exemption of Vehicles from Cab Card Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Intrastate exchange of equipment between
			 licensed carriers. Where a vehicle owned by a licensed intrastate motor carrier
			 of property is leased to another licensed intrastate motor carrier of property,
			 and the vehicle carriers a valid intrastate cab card issued to the carrier
			 which owns the vehicle, the vehicle need not carry a cab card/identifier issued
			 to the carrier to which the vehicle is leased.
b) Interstate compensated intercorporate
			 hauling and single-source leasing. Vehicles used in compensated intercorporate
			 hauling or which are leased, with driver, to private carriers for use in
			 interstate commerce are exempt from cab card and identifier requirements under
			 Section 18c-4601 of the Law (Ill. Rev. Stat. 1985, ch. 951/2, par.
			 18c-4601).
c) Temporary cards. An
			 intrastate motor carrier of property need not hold or carry an Illinois
			 intrastate cab card/identifier if the carrier has been issued and carriers a
			 valid, current temporary cab card/identifier. An interstate motor carrier of
			 property need not hold or carry a permanent cab card with Illinois interstate
			 identifier if the carrier has been issued and carriers a valid, temporary
			 Illinois registration. A temporary card will be issued upon request of the
			 carrier and payment of the fee for the permanent cab card/identifier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1302 - CAB CARDS AND IDENTIFIERS › Section 1302.25 - Transfer of Cab Card/Identifier

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a motor carrier of property
			 discontinues the use of a vehicle for which a current interstate cab
			 card/Illinois interstate identifier has been executed and provides a
			 newly-acquired vehicle as a substitute, the carrier can transfer the cab
			 card/identifier by following the procedure in this subsection.
1) The carrier shall execute a new interstate
			 cab card, identifying itself and the substitute vehicle and entering the
			 appropriate expiration date on the cab card;
2) The carrier shall enter the date on which
			 it terminated use of the discontinued vehicle in the space for the early
			 expiration date on the cab card; and
3) The carrier shall permanently attach the
			 upper left-hand corners of both the cab card for the substitute vehicle and the
			 cab card for the discontinued vehicle so as to permit inspection of the
			 contents of both cards. At this point, the Illinois interstate identifier on
			 the cab card of the discontinued vehicle shall apply to the substitute
			 vehicle.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1302 - CAB CARDS AND IDENTIFIERS › Section 1302.30 - Expiration, Alteration, and Replacement of Cab Card/Identifier

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each motor
			 carrier of property shall destroy a cab card/identifier immediately upon its
			 expiration.
b) Any erasure,
			 alteration, or unauthorized use of a cab card shall render the cab card
			 void.
c) If a cab card/identifier
			 is lost, destroyed, mutilated or becomes illegible, a new cab card/identifier
			 shall be prepared and issued upon the motor carrier's application and the
			 payment of the same fee prescribed for the issuance of the original cab
			 card/identifier (See 92 Ill. Adm. Code 1205).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1302 - CAB CARDS AND IDENTIFIERS › Section 1302.100 - Revocation of Exemptions under Section 18c-4601(2) of the Law

Current through Register Vol. 48, No. 28, July 12, 2024
Exemptions granted under Section 18c-4601(2) of the Law (Ill.
				Rev. Stat. 1985, ch. 951/2, par. 18c-4601(2)) shall be revoked only in
				accordance with procedures and standards applicable to fee adjustments under
				Section 18c-1501(2) of the Law (Ill. Rev. Stat. 1985, ch. 951/2, par.
				18c-1501(2)) and 92 Ill. Adm. Code 1205.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1304 - MOTOR CARRIER OF PROPERTY FITNESS STANDARDS › Section 1304.10 - Fitness Standards

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall present clear and convincing evidence by
				information contained in the application for authority, personal testimony, and
				testimony of supporting shippers, that fitness has been established for the
				issuance of the requested authority. In determining whether the applicant is
				fit to operate as an intrastate motor carrier of property, the Illinois
				Commerce Commission shall consider the following factors:
a) Whether the applicant possesses, or can
			 acquire, equipment and facilities of a type required for the transport of the
			 commodities requested, at the shipment levels specified in the applicant's
			 shipper support statements, as evidenced by a description, submitted with the
			 application, of the equipment to be used by the applicant in the conduct of
			 intrastate transportation (which shall include equipment which is currently
			 owned by the applicant, leased by the applicant, or is to be otherwise acquired
			 by the applicant);
b) Whether the
			 applicant has established a safety, training, and maintenance program,
			 including any policies regarding traffic citations issued against drivers and
			 any refresher/remedial training courses required of drivers.
c) Safety Record
1) The applicant's safety record as evidenced
			 by a certification or record from the Bureau of Motor Carrier Safety of the
			 United States Department of Transportation, the Illinois Department of
			 Transportation, or the appropriate regulatory body of another state, setting
			 forth:
A) any motor carrier safety citations
			 issued against the applicant during the three years preceding application;
			 and
B) whether the file contains
			 any record of any disciplinary action, taken or pending, during the three years
			 preceding application;
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1306 - INTERPRETATIONS OF STATUTORY LANGUAGE › Section 1306.10 - Intrastate Commerce

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 "Intrastate Commerce," as defined in Section 18c-1104 of the Illinois
			 Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 951/2, par.
			 18c-1104), includes:
1) Movements between 2
			 points in Illinois which precede or follow interstate movements, provided that
			 the movements are to or from a place of storage or distribution point or local
			 marketing facility from which specific amounts of the commodity are sold or
			 allocated.
2) Movements between 2
			 points in Illinois which precede or follow an interstate movement, provided
			 that transportation within Illinois is specifically arranged for only after
			 sale or allocation.
3) Movements
			 between 2 points in Illinois in which the preceding movement is interstate
			 commerce performed by exempt or private carriage, unless both the interstate
			 movement in exempt or private carriage and the subsequent movement between 2
			 points in Illinois were on a through bill of lading issued prior to the
			 inception of either movement.
4)
			 Movements between 2 points in Illinois which have been preceded by a movement
			 by rail in which the commodity being transported has never left the boundaries
			 of the State of Illinois.
5)
			 Movements between 2 points in Illinois which have been preceded by a movement
			 by air in which the commodity being transported has never been off-loaded in
			 another state.
6) Any movement
			 between 2 points in Illinois taken out of the state to evade state
			 jurisdiction.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1307 - CARRIER IDENTIFICATION › Section 1307.5 - Applicability of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is only applicable to intrastate motor carriers of
				property. Requirements for identification of interstate motor carriers of
				property are found in Section 18c-4701 of the Illinois Commercial
				Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 951/2, par.
				18c-4701).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1307 - CARRIER IDENTIFICATION › Section 1307.10 - Carrier Identification of Vehicles

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as specified in subsection (b),
			 letters and other characters used to comply with the carrier identification
			 requirements of Section 18c-4701 of the Law must be at least 2 inches high and
			 1/2 inch wide. Such characters must be in a color contrasting with the
			 background color of the vehicle so as to be distinguishable during daylight at
			 a distance of 50 feet while the vehicle is not in motion.
b) Letters and other characters used to
			 comply with the carrier identification requirements of Section 18c-4701(5) of
			 the Law for vehicles under 9,000 pounds gross vehicle weight must be at least
			 1/2 inch high and 1/8 inch wide. Such characters must be in a color contrasting
			 with the background color of the vehicle so as to be distinguishable during
			 daylight at a distance of 25 feet while the vehicle is not in motion.
c) It is a violation of this Part to display
			 more than one identifier on the power unit of a vehicle. Identifier is defined
			 as the information used to comply with the carrier identification requirements
			 set forth in the Law and this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1307 - CARRIER IDENTIFICATION › Section 1307.20 - Format

Current through Register Vol. 48, No. 28, July 12, 2024
The license number of the carrier, as it appears on the sides
				of the vehicle in compliance with Section 18c-4701 of the Law, must be preceded
				by "ILL.C.C." and followed by the carrier-type designation ("C," "P," "CP,"
				"PR," or "CPR" as appropriate) as it appears on the carrier's
				license.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1308 - UNLAWFUL OPERATIONS › Section 1308.10 - Unlawful Operations

Current through Register Vol. 48, No. 28, July 12, 2024
The enumeration of violations in this Part does not constitute
				an exhaustive listing of all violations of the Illinois Commercial
				Transportation Law (Law) (Ill. Rev. Stat. 1989, ch. 951/2, par. 18c-1101 et
				seq.) or any individual section thereof.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1308 - UNLAWFUL OPERATIONS › Section 1308.20 - Aiding and Abetting - Rates

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of imposing sanctions as authorized by Section
				18c-1704(2) through (7) of the Law, a person aids or abets a licensed carrier
				in a violation of Sections 18c-3206 and 18c-4104(1)(j) of the Law when
				either:
a) The person hires a carrier
			 to provide transportation services, and:
1)
			 is informed by the carrier of the rate to be charged for the services to be
			 performed, which rate is specified in a lawfully applicable tariff or schedule
			 on file with the Commission; and
2)
			 is billed by the carrier at that rate; and
3) without good cause, intentionally pays the
			 carrier an amount different from the amount billed by the carrier; or
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1308 - UNLAWFUL OPERATIONS › Section 1308.30 - Aiding and Abetting - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of imposing sanctions as authorized by Section
				18c-1704(2) through (7) of the Law, a person aids or abets another in a
				violation of Section 18c-4104(1)(a) of the Law when the person receives service
				from a person who is not licensed by or registered with the Commission to
				perform the service rendered.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1309 - CONVERSION OF CONTRACT TO COMMON AUTHORITY › Section 1309.10 - Proceedings to Convert Contract to Common Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part applies to proceedings to
			 convert a motor contract carrier permit to a motor common carrier certificate,
			 but only when the permit is not restricted to the accounts of named contract
			 shippers. Proceedings may be initiated:
1) by
			 an application filed by a motor contract permit holder;
2) by a complaint filed by a motor common
			 carrier that would be directly and adversely affected by failure to convert the
			 contract carrier authority to common carrier authority; or
3) by the Commission on its own
			 motion.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1309 - CONVERSION OF CONTRACT TO COMMON AUTHORITY › Section 1309.20 - Standards for Conversion of Contract to Common Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission will convert a contract
			 carrier's permit to a common carrier certificate only to the extent that
			 evidence presented at a hearing demonstrates that the carrier has not been
			 operating as a "contract carrier of property by motor vehicle" as defined by
			 Section 18c-1104(8) of the Illinois Commercial Transportation Law ("the Law")
			 (Ill. Rev. Stat. 1991, ch. 951/2, par. 18c-1104(8)), but has been operating as
			 a common carrier of property by motor vehicle as defined by Section 18c-4206 of
			 the Law.
b) If it appears from the
			 evidence that the contract carrier has been operating both as a common and a
			 contract carrier, the Commission will determine whether it would be consistent
			 with the public interest for the carrier to hold both common and contract
			 authority, as required by Section 18c-4206 of the Law.
c) The burden of proving that contract
			 authority should be converted to common authority shall be borne by the party
			 initiating the proceeding.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1309 - CONVERSION OF CONTRACT TO COMMON AUTHORITY › Section 1309.30 - Scope of Converted Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Commission determines that a
			 contract carrier's authority should be converted to common authority, the
			 Commission will issue common authority only to the extent the carrier has
			 demonstrated that a public need for the carrier's services exists.
b) Evidence of public need shall consist
			 solely of an abstract of shipments performed by the contract carrier within one
			 year prior to the initiation of the proceedings to convert. Only those
			 shipments falling within the commodity and geographic scope of the contract
			 authority may be considered in determining whether a public need for the
			 carrier's service exists.
c) In no
			 case shall the commodity or geographic scope of a common authority issued as a
			 result of proceedings to convert be greater than the commodity or geographic
			 scope of the converted contract authority.
d) A contract carrier in a conversion
			 proceeding shall not be deemed to have engaged in illegal operations solely
			 because the carrier was not operating as a "contract carrier of property by
			 motor vehicle" as defined by Section 18c-1104(8) of the Law.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1360 - EQUIPMENT LEASES › Section 1360.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 applies to the following actions by motor carriers of property:
1) The leasing of equipment with which to
			 perform transportation regulated by the Illinois Commerce Commission
			 ("Commission").
2) The interchange
			 of equipment between motor common carriers in the performance of transportation
			 regulated by this Commission, except with regard to equipment used exclusively
			 to provide transportation within counties having a population in excess of
			 1,000,000 persons.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1360 - EQUIPMENT LEASES › Section 1360.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Addendum." A supplement to an existing lease.
"Authorized carrier." A person holding a motor carrier of
				property license from the Commission.
"Equipment." A motor vehicle, straight truck or tractor.
"Lease." A written document vesting possession, use, control
				and responsibility in the lessee during the periods the vehicle is operated by
				or for the lessee.
"Lessee." In a lease, the party acquiring the use of equipment,
				with or without driver, from another.
"Lessor." In a lease, the party granting the use of equipment,
				with or without driver, to another.
"Owner." A person
to whom title to equipment has been issued, or
who, without title, has the right to exclusive use of equipment
				for a period longer than 30 days, or
who has lawful possession of equipment, registered and licensed
				in any state in the name of that person.
"Permanent lease." A lease in which the authorized carrier
				acquires the use of equipment, with or without driver, from an owner for a
				period of 30 days or more.
"Shipper." A person who sends or receives property which is
				transported in intrastate commerce.
"Sublease." A written document in which the lessee grants the
				use of leased equipment, with or without driver.
"Trip lease." A lease in which the authorized carrier acquires
				the use of equipment, with or without driver, from an owner for a period of
				time less than 30 days.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1360 - EQUIPMENT LEASES › Section 1360.30 - General Leasing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Leasing permitted only in compliance with
			 this Part. Authorized carriers may perform regulated transportation in
			 equipment they do not own only in accordance with this Part.
b) Written Lease Required. Each lease covered
			 by this Part must be in writing.
c)
			 Parties and signatures. A lease subject to this Part must be between the owner
			 of the equipment (the lessor) and the licensed carrier to which the equipment,
			 with or without driver, is leased (the lessee). The lease must be signed by
			 each party or its authorized representative.
d) Filing and review requirements.
1) Filing requirement. The original and 2
			 copies of each completed (signed and dated) lease to which this Part applies
			 must be filed with the Commission's Transportation Division at the following
			 address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
P. O. Box 19820
Springfield, IL 62791
2) Filing fee requirement. A filing fee as
			 prescribed in 92 Ill. Adm. Code 1205 shall be remitted with each
			 lease.
3) No operations shall be
			 conducted under a lease to which this Part applies until a copy of the
			 completed lease has been filed with or mailed to the Commission's
			 Transportation Division.
4)
			 Operations may be conducted under the lease after filing or transmittal but
			 before completion of review. A copy of the lease and an attached affidavit
			 stating that the lease has been transmitted to the Commission, indicating the
			 date of transmittal and stating that the lease is under review, are to be
			 carried in the vehicle covered by the lease.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1360 - EQUIPMENT LEASES › Section 1360.35 - Actions Affecting Leases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Revocation of carrier/lessee's license. In the event that the license held by
			 the carrier/lessee is revoked pursuant to Section 18c-1704 of the Law (Ill.
			 Rev. Stat. 1985, ch. 951/2, par. 18c-1704), the lease shall remain in effect
			 but all operations of equipment subject to the lease must cease unless and
			 until the license is reinstated by order of the Commission.
b) Transfer of carrier/lessee's license. In
			 the event that a transfer as defined in Section 18c-1104 of the Law (Ill. Rev.
			 Stat. 1985, ch. 951/2, par. 18c-1104) occurs:
1) The lease shall remain in effect and shall
			 bind the transferee if the name of the license holder is not changed by the
			 transfer; or
2) The lease shall be
			 void from the date the transfer is granted if the name of the license holder is
			 changed by the transfer, unless the transferee files an amendment to the lease
			 showing the change and showing that it has assumed the obligations of the
			 transferor under the lease. No filing fee will be required for the filing of
			 such amendments.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1360 - EQUIPMENT LEASES › Section 1360.40 - Lease Terms and Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Required terms and information. A lease subject to this Part must specify the
			 information set forth in this subsection.
1)
			 Identifying information
A) Parties. The lease
			 must show the full legal name of the carrier-lessee, as it appears on the
			 carrier's Commission license; the full legal name of the equipment
			 owner-lessor; and the mailing address of each, including street address, city,
			 state, and zip code.
B) Vehicle.
			 The lease must show the type, make, year, and vehicle identification number of
			 the motor vehicle which is subject to the lease.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1360 - EQUIPMENT LEASES › Section 1360.55 - Possession and Control of Leased Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a) General requirement. The lessee of
			 equipment used under authority of a license issued by the Commission shall have
			 exclusive possession and control of the equipment while it is so used. Failure
			 to exercise supervision and control of the equipment constitutes an illegal
			 transfer of authority, making both the lessor and lessee subject to sanctions
			 provided by Section 18c-4307 of the Law (Ill. Rev. Stat. 1985, ch. 951/2, par.
			 18c-4307) (See Section 18c-1704 of the Law).
b) Exceptions. The requirement of exclusive
			 possession and control does not apply to a lessee which, in turn, subleases the
			 equipment to another carrier, since the latter carrier has the obligation to
			 supervise and control the equipment. The requirement does, however, apply to
			 the sublessee.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1360 - EQUIPMENT LEASES › Section 1360.65 - Additional Requirements for Trip Leases Between Authorized Carriers

Current through Register Vol. 48, No. 28, July 12, 2024
Authorized carriers are permitted to trip lease equipment to or
				from other authorized carriers only if:
a) The lessor owns the equipment or has
			 possession and control of the equipment under a lease of 30 days or
			 more;
b) The lessee exercises
			 exclusive supervision and control of the equipment while it is operated under
			 lessee's license; and
c) All other
			 requirements of this Part are complied with.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1376 - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1376.10 - Generally Accepted Accounting Principles

Current through Register Vol. 48, No. 28, July 12, 2024
a) All Illinois Commerce Commission licenses
			 common or contract motor carriers of property, and each receiver, trustee,
			 executor, administrator, or assignee of any such carrier, shall comply with
			 generally accepted accounting principles for use in the keeping and recording
			 of their accounts and bookkeeping records.
b) As generally accepted accounting
			 principles, the commission incorporates by reference "Accounting Standards"
			 (June 1992) of the Financial Accounting Standards Board and any subsequent
			 revisions thereof.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1376 - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1376.20 - Classification of Carriers

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of accounting and reporting regulations, common
				and contract carriers of property by motor vehicle subject to the Illinois
				Commerce Commission (Intrastate authority) are grouped into the following four
				classes:
a) Class I - Carriers having
			 annual gross operating revenues (including interstate and intrastate) of $5
			 million or more from motor carrier operations.
b) Class II - Carriers having annual gross
			 operating revenues (including interstate and intrastate) of $1 million, but
			 less than $5 million, from motor carrier operations.
c) Class III - Carriers having annual gross
			 operating revenues (including interstate and intrastate) of $100,000, but less
			 than $1 million, from motor carrier operations.
d) Class IV - Carriers having annual gross
			 operating revenues (including interstate and intrastate) of less than $100,000
			 from motor carrier operations.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1376 - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1376.30 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each carrier
			 shall keep its general accounting books and all other books, records and
			 memoranda which support in any way the entries to such accounting books and
			 analyses of general ledger account balances so that it can furnish at any time
			 full information as to any account. Moreover, it shall support each entry to
			 each account with such detailed information as will provide a ready analysis
			 and verification of the facts recorded therein. All expenditures must be
			 definitely supported by vouchers, payrolls, receipted bills, canceled checks,
			 receipts for petty cash payments, or other evidences of the expenditures
			 incurred. All revenues must be supported by freight bills or, in the case of
			 income from a leasee, other documentation which evidences the revenue
			 received.
b) The books referred to
			 in this Part include not only books of account in a limited technical sense but
			 all other correspondence, memoranda, etc., which will be useful in developing
			 the history of or facts regarding any transaction.
c) Every motor carrier engaged directly or
			 indirectly in any other than a transportation business shall keep separate and
			 distinct records for the transportation operation.
d) Each carrier shall keep its books on the
			 basis of an accounting year of 12 months ending on the 31st day of December of
			 each year.
e) Such books, accounts,
			 records or memoranda shall be preserved for a period of at least three
			 years.
f) Unless otherwise
			 authorized by the Commission in writing, each motor carrier shall have an
			 office in this State and shall keep in said office all such books, accounts,
			 papers, records and memoranda as listed in Section
			 1376.30(a)
			 above.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1376 - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1376.40 - Examination and Audit

Current through Register Vol. 48, No. 28, July 12, 2024
Officers and employees of the Commission shall have the
				authority under the direction of the Commission to inspect, examine, copy and
				reproduce any and all books, accounts, papers, records and memoranda kept by
				such motor carrier, authorized personnel or motor carrier
				agent.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1415 - FREIGHT BILLS, BILLS OF LADING, OR OTHER FORMS › Section 1415.5 - Application of Part 1415

Current through Register Vol. 48, No. 28, July 12, 2024
This Part does not apply to transportation of household goods
				to the extent that such transportation is governed by 92 Ill. Adm. Code
				1455.50.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1415 - FREIGHT BILLS, BILLS OF LADING, OR OTHER FORMS › Section 1415.10 - Freight Bills

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Every common carrier of property by motor vehicle shall, when collecting
			 transportation charges, issue or cause to be issued a freight bill covering
			 each shipment. One bill can cover more than one shipment provided the
			 information required by subsections (b) and (c) is shown for each shipment
			 included in the bill.
b) Each
			 freight bill shall show:
1) The name of the
			 carrier;
2) The names of the
			 consignor and consignee (the freight bill for reconsigned shipments need not
			 show the name of the original consignor);
3) The dates the shipment was received by the
			 carrier for transportation;
4) The
			 points of origin and destination (the freight bill for reconsigned shipments
			 need not show the original shipping point);
5) The number of packages, description of the
			 articles (actual description of the articles is not necessary if the shipment
			 is being transported under an operating authority for general commodities, or
			 packages or parcels, and if the shipment weighs less than 200 pounds, and the
			 rates for the transportation do not vary based on the commodity transported)
			 and weight, volume or measurement of the property transported (if the lawfully
			 applicable rates or charges are published to apply per unit of weight, volume
			 or measurement);
6) The exact rate
			 or rates assessed;
7) The total
			 charges to be collected, including a statement of the nature and amount of any
			 charges for accessorial service, and the points at which such service was
			 rendered; and
8) If more than one
			 carrier provided service on a shipment, each carrier participating shall be
			 named, along with the points, at which the freight was transferred.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1415 - FREIGHT BILLS, BILLS OF LADING, OR OTHER FORMS › Section 1415.20 - Bills of Lading or Other Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every common carrier of property by motor
			 vehicle shall, upon receipt of property for transportation, issue or cause to
			 be issued a bill of lading or other forms.
b) Each bill of lading or other form shall
			 show:
1) The names of the consignor and
			 consignee;
2) The points of origin
			 and destination;
3) The number of
			 packages (if applicable);
4) A
			 description of the commodity(s) shipped (actual description of the articles is
			 not necessary if the shipment is being transported under an operating authority
			 for general commodities, or packages or parcels, and if the shipment weighs
			 less than 200 pounds, and the rates for the transportation do not vary based on
			 the commodity transported); and
5)
			 The weight, volume or measurement (if the lawfully applicable rates or charges
			 are published to apply per unit of weight, volume or measurement) of the
			 property received.
6) The date the
			 property was received by the carrier for transportation, and such date shall be
			 the date observed for the purpose of assessing rates.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1415 - FREIGHT BILLS, BILLS OF LADING, OR OTHER FORMS › Section 1415.35 - Retention of Bills or Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Freight bills, bills of lading, or other forms for each
				shipment transported under the authority of a license issued by the Illinois
				Commerce Commission must be kept as part of the records of the
				carrier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart A - INSURANCE OR BOND COVERAGE › Section 1425.10 - Licenses Conditioned Upon Compliance With Insurance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A license or registration issued by the Illinois Commerce
				  Commission ("Commission") to a motor carrier of property has force and effect
				  only while the carrier is in compliance with requirements for the filing of
				  proof of insurance or bond coverage.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart A - INSURANCE OR BOND COVERAGE › Section 1425.20 - Proof of Insurance or Bond Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois Commerce Commission
				incorporates by reference 49 CFR 1023.51 through 1023.65, 1023.71, 1023.72, and
				1023.81 as of December 1, 1986, as its regulations governing the filing of
				proof of insurance or bond coverage of cancellation, except as otherwise
				provided in this Part.
b) The
				filing of such proof shall constitute acceptance of the minimum terms required
				by this Part or by statute and shall bind the insurance company
				thereto.
c) Such coverage shall
				remain in effect until a cancellation form is filed with the Commission or the
				coverage is cancelled by the filing of a subsequent form E or H certificate of
				insurance.
d) Regulated interstate
				motor carriers of property which use Illinois as their registration state shall
				file a copy of public liability and property damage insurance or bond coverage
				that is filed with the Interstate Commerce Commission in accordance with the
				provisions of Section 11506 of the Interstate Commerce Act ( 49 USC 11506
				).
e) No incorporation in this
				Section contains any later amendments or editions.
f) For Illinois domiciled carriers, and for
				Illinois licensed intrastate carriers, regardless of domicile, such coverage
				shall be executed by an admitted insurance company authorized under the laws of
				the State of Illinois to deliver commercial automobile insurance contracts
				within the State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart A - INSURANCE OR BOND COVERAGE › Section 1425.30 - Public Liability and Property Damage Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
The minimum amounts of public liability and property damage
				  insurance coverage required of all motor carriers of property shall be the
				  amounts required by 49 CFR 1043.2, November 13, 1990, "Security for the
				  protection of the public: Minimum limits".
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart A - INSURANCE OR BOND COVERAGE › Section 1425.40 - Cargo Damage Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				minimum amounts of cargo damage coverage required of all motor common carriers
				of property shall be as required by the provisions of 49 CFR 1043.2(c),
				November 13, 1990, except as specified in subsection (b) below.
b) The minimum amounts of cargo damage
				coverage required of intrastate motor common carriers of property transporting
				unprocessed agricultural commodities and ordinary livestock shall be $5,000
				liability for the unprocessed agricultural commodities, milk in bulk,
				commodities in dump-type vehicles, or ordinary livestock carried on each
				vehicle at any one time.
c) Waiver
				of Requirement. An intrastate motor common carrier of property may be excused
				from the requirement of filing proof of cargo insurance if:
1) The carrier has filed with the Commission
				a completed copy of the Commission's Cargo Insurance Waiver Affidavit form
				stating that the carrier will not, at any time, carry in any vehicle cargo with
				a value exceeding $5,000, and the carrier does not, at any time, carry cargo in
				any vehicle with a value exceeding $5,000; and
2) The carrier advises each shipper in
				writing, prior to rendition of the service, that it does not carry the minimum
				level of cargo insurance. The burden of proving compliance with this latter
				requirement shall be on the carrier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart A - INSURANCE OR BOND COVERAGE › Section 1425.50 - Collect On Delivery ("C.O.D.") Bond Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) The minimum amount of C.O.D. insurance or
				bond coverage required of a motor common carrier of property for each shipper
				or consignee for failure of the carrier to remit payment of C.O.D. monies is
				$10,000.
b) Waiver of requirement.
				An intrastate motor common carrier of property may be excused from the
				requirement of filing proof of C.O.D. insurance or bond coverage if:
1) The carrier has filed with the Commission
				a completed copy of the Commission's C.O.D. Bond Waiver Affidavit form stating
				that the carrier will not, at any time, accept a C.O.D. shipment, and the
				carrier does not, at any time, accept a C.O.D. shipment; and
2) The carrier advises each shipper in
				writing, prior to rendition of the service, that it does not accept C.O.D.
				shipments. The burden of proving compliance with this latter requirement shall
				be on the carrier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart B - SELF-INSURANCE › Section 1425.110 - Effect of Qualification as Self-Insurer

Current through Register Vol. 48, No. 28, July 12, 2024
A carrier which has been authorized by order of the
				  Commission to act as a self-insurer is not required to file proof of insurance
				  or bond coverage under this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart B - SELF-INSURANCE › Section 1425.120 - Minimum Requirements for Self-Insurers

Current through Register Vol. 48, No. 28, July 12, 2024
The minimum requirements for a carrier to qualify and
				  continue to act as a self-insurer are:
a) Net worth of:
1) $500,000, if the carrier operates less
				than 25 vehicles;
2) $750,000, if
				the carrier operates from 25 to 100 vehicles; and
3) $1,000,000, if the carrier operates more
				than 100 vehicles.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart B - SELF-INSURANCE › Section 1425.130 - Reports to be Filed by Self-Insurers

Current through Register Vol. 48, No. 28, July 12, 2024
Each motor carrier of property authorized to be a
				  self-insurer shall file a report with the Commission, not later than the 20th
				  day following the end of each calendar quarter, listing all accidents,
				  injuries, and fatalities arising out of such carrier's operations within the
				  State of Illinois; and claims filed against such carrier of the type for which
				  the carrier is a self-insurer, which have occurred or been filed during the
				  reporting period. The quarterly reports shall also state whether the carrier
				  continues to meet the qualifications for self-insurers listed in Section
				  1425.120.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart B - SELF-INSURANCE › Section 1425.140 - Revocation of Authorization to be a Self-Insurer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever, after inspection of reports
				filed pursuant to Section
				1425.130,
				the Commission finds that a carrier no longer meets the minimum requirements of
				Section
				1425.120
				for self-insurance, the Commission shall institute a proceeding pursuant to 83
				Ill. Adm. Code 200 to suspend or revoke the carrier's authorization to be a
				self-insurer.
b) If a carrier fails
				to file the reports required by Section 1425.130, the Commission shall
				institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke
				the carrier's authorization to be a self-insurer.
c) Based upon the accident information
				supplied in the reports filed pursuant to Section 1425.130, the Commission may
				institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke a
				carrier's authorization to be a self-insurer.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1425 - FINANCIAL RESPONSIBILITY OF CARRIERS › Subpart B - SELF-INSURANCE › Section 1425.150 - Reinstatement

Current through Register Vol. 48, No. 28, July 12, 2024
A carrier that has had its authorization to be a self-insurer
				  suspended or revoked may petition the Commission pursuant to 83 Ill. Adm. Code
				  200 for reinstatement of its status as a self-insurer. A carrier shall be
				  reinstated if it has remedied the grounds for the suspension or
				  revocation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1435 - SANCTIONS INCLUDING SUSPENSION OR REVOCATION OF OPERATING AUTHORITIES AND/OR THE ASSESSMENT OF CIVIL PENALTIES › Section 1435.10 - General Provisions - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission may conduct a proceeding known as an enforcement
				proceeding, when it has reason to believe that a person has committed an act
				which is a violation of the applicable statute; of any Commission rule,
				regulation, order, or requirement; or of any term, condition or limitation of a
				license or registration issued by the Commission. The result of the operating
				practices proceeding may be the imposition of sanctions including, but not
				limited to, the suspension or revocation of the person's license or
				registration, issuance of a cease and desist order, the assessment of civil
				penalties, or a combination of sanctions. The operating practices proceeding
				shall be governed, by the Commission's Rules of Practice, codified as 83 Ill.
				Adm. Code 200 (General Order 154).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1435 - SANCTIONS INCLUDING SUSPENSION OR REVOCATION OF OPERATING AUTHORITIES AND/OR THE ASSESSMENT OF CIVIL PENALTIES › Section 1435.15 - Settlement in Lieu of Formal Enforcement Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the institution of formal enforcement proceedings
				before the Illinois Commerce Commission ("Commission") a respondent shall be
				given the opportunity to settle, at an informal staff level, any controversy
				regarding the respondent's alleged illegal activity under the Illinois
				Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1987, ch. 951/2, pars.
				18c-1101 et seq.).
a) The Notice of
			 Alleged Violation and Opportunity to Settle ("NAVOS") setting forth the alleged
			 violations of the Law or rules of the Commission shall be served on the
			 respondent and shall specify the procedure for the respondent to exercise his
			 option to settle. Included will be instructions to telephone or write to the
			 specific Commission staff member assigned to the case to request and schedule a
			 settlement conference if the respondent chooses to exercise the settlement
			 option. The respondent shall have 20 days from the date of service to exercise
			 his option to settle.
b) Monetary
			 settlements specified in the NAVOS shall be based upon the minimum and maximum
			 amounts set forth in Section 18c-1704(2) of the Law.
c) An amount less than the minimum
			 established in the NAVOS may be agreed upon between the staff of the Commission
			 and the respondent during informal settlement discussions. This lesser amount
			 shall be incorporated in a stipulated settlement agreement which shall be
			 presented to the Commission for approval or rejection pursuant to the
			 provisions of Section 18c-1705 of the Law.
d) Settlement amounts shall be determined
			 upon consideration of the respondent's past compliance history, whether the
			 violation(s) was the result of willful conduct or an incorrect, but colorable
			 interpretation of the Law (e.g., misinterpretation of the commodity authority),
			 his cooperation with authorities in the resolution of the dispute, and his
			 willingness to comply with the Law and Commission rules, the type of violation,
			 the amount of revenue realized from the unlawful activities, and the number of
			 violations.
e) If a settlement
			 agreement is not reached, the matter will be set for hearing before a
			 Commission Hearing Examiner (See 83 Ill. Adm. Code 200).
f) The respondent's right to a hearing and
			 his position at hearing will not be prejudiced in any way if settlement is not
			 reached.