reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.40 - Relocating Vehicles From Authorized Spaces

Current through Register Vol. 48, No. 28, July 12, 2024
a) No vehicle shall be relocated if it is
				parked in a space on private property where it is authorized to be
				parked.
b) Relocated vehicles must
				be towed directly from the initial point of the tow to the relocator's facility
				that is indicated on the relocator's signs posted on the property in
				conformance with Section
				1710.51.
c) No vehicle owned by a law enforcement
				agency, the name of which is clearly marked on the exterior of the vehicle or
				on a placard displayed on the dashboard, shall be relocated if it is parked on
				private property for a law enforcement purpose.
d) Law enforcement owned vehicles that are
				relocated while being utilized in an undercover manner for investigative
				purposes shall be released without the assessment of any storage or towing fees
				when the relocator is provided written confirmation from the agency's
				commanding officer on law enforcement agency letterhead verifying that the
				agency's vehicle was on private property in an official capacity.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.41 - Relocating Vehicles From Private Property Without Authorization From Property Owner

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				vehicle shall be relocated from private property without express, written
				authorization from the property owner, lessee, or agent in conformance with
				Section
				1710.91.
b) The authorization must either direct the
				relocator to remove the specific vehicle in question or authorize the relocator
				to remove all unauthorized vehicles from the property.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.42 - Relocation of Vehicles Not in Accordance with Proper Posting

Current through Register Vol. 48, No. 28, July 12, 2024
a) No vehicle shall
				be relocated from a lot which does not, at the time of the tow and for at least
				24 hours prior thereto, have signs posted in compliance with this
				Part.
b) No vehicle shall be
				relocated to a storage lot or facility that is not identified on signs posted
				in compliance with Section
				1710.50 at
				the location from which the vehicle is relocated. No vehicle shall be
				subsequently transported to any other lot or facility except in compliance with
				Section
				1710.134.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.43 - Relocating Vehicles Where Owner or Driver is Present

Current through Register Vol. 48, No. 28, July 12, 2024
No vehicle shall be relocated where the owner of the vehicle
				  or the owner's agent is present or arrives on the scene before the vehicle is
				  completely removed from the private property, produces the ignition key to the
				  vehicle, and the owner or agent is able and does immediately remove the vehicle
				  from the private property.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.44 - Unsafe Operation of Vehicles Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
a) No relocator shall operate any vehicle
				that does not conform to the applicable requirements of:
1)625 ILCS 5/13-111 and 13 -114, regarding
				safety inspections and display of Certificates of Safety; and
2)625 ILCS
				5/12-606, regarding identification, equipment and
				insurance of tow trucks.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.45 - Transacting Business at Unauthorized Locations

Current through Register Vol. 48, No. 28, July 12, 2024
No relocator, relocator agent, or operator shall transact any
				  part of the relocator's business, other than the identification of vehicles to
				  be relocated and the transportation of relocated vehicles to the relocator's
				  storage lot, at any location until after the relocator has given notice of the
				  location to the Commission in accordance with this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.46 - Operations at Locations Where the Relocator Is Not Authorized to Operate

Current through Register Vol. 48, No. 28, July 12, 2024
a) No relocator
				shall post a sign at a location in an incorporated area more than 10 air miles
				from a storage lot to which the relocator can relocate vehicles in compliance
				with this Part.
b) No relocator
				shall post a sign at a location in an unincorporated area more than 15 air
				miles from a storage lot to which the relocator can relocate vehicles in
				compliance with this Part.
c) No
				relocator shall tow a vehicle from public property under the authority of its
				relocator's license.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.47 - Certain Types of Compensation to Relocators Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as provided in subsection (b), no
				relocator shall demand, collect or receive anything of value or compensation
				for or in relation to its relocation business:
1) From the property owner, lessee or their
				agents, or from any person other than the relocated vehicle's owner or the
				owner's agent, except according to terms in the contract entered into between
				the property owner or lessee and the relocator;
2) From the vehicle owner, lessee or their
				agents:
A) Greater than the amount indicated
				on the signs posted on the private property from which the vehicle was
				relocated;
B) Greater than or other
				than the rates prescribed by the Commission; or
C) If the relocation was not performed in
				compliance with the Law and this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart D - PROHIBITED ACTIVITIES › Section 1710.48 - Compensation to Property Owners and Others

Current through Register Vol. 48, No. 28, July 12, 2024
a) No rebate, payment of money, or any other
				valuable consideration shall be paid for the privilege of removing or towing
				vehicles by the relocator, its agents, or employees to the owners or operator
				of the premises from which a vehicle is removed or towed.
b) No person other than a director, officer,
				partner, stockholder, employee, or agent of the relocator shall receive from a
				relocator anything of value or compensation for or in relation to the
				relocator's business.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart E - POSTING OF SIGNS › Section 1710.50 - Posting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Signs meeting the specifications of Section 18a-302 of the
				  Law [625
				  ILCS 5/18a-302 ] and Section
				  1710.51 shall
				  be posted on each lot from which a relocator is authorized to remove
				  unauthorized vehicles. Such signs must be posted at least 24 hours before any
				  vehicle is relocated from the lot.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart E - POSTING OF SIGNS › Section 1710.51 - Sign Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Those portions of the sign warning that unauthorized vehicles will be relocated
				must be in characters at least 3 inches in height, in colors contrasting with
				the background of the sign. Other portions of the sign must be in characters at
				least 1 inch in height, in colors likewise contrasting with the background of
				the sign.
b) Each sign must contain
				the following information:
1) A warning that
				unauthorized vehicles will be relocated;
2) The full legal name of the relocator as it
				appears on the relocator's license, the address and telephone number of the
				relocator, and the address and telephone number of the location to which the
				vehicle will be relocated and at which it can be reclaimed, if different from
				the address of the relocator;
3)
				The maximum fee which the relocator will charge the vehicle's owner or owner's
				agent as a condition of reclaiming the vehicle, and any restrictions on the
				form of payment which will be accepted by the relocator, provided that no sign
				shall indicate a restriction on the form of acceptable payment that is contrary
				to Section
				1710.122(a);
				and
4) The hours during which the
				owner or owner's agent can reclaim the vehicle, and when the relocator is
				closed to the public due to observation of holidays or otherwise. To the extent
				that a sign does not show limitation on hours or days when the vehicle can be
				reclaimed, the sign shall constitute a representation that the vehicle can be
				reclaimed at any time or on any day.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart E - POSTING OF SIGNS › Section 1710.52 - Removal of Signs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				relocator must remove all signs from private property within 10 days after:
1) the relocator receives notice of
				termination of the contract; or
2)
				the contract with property owner, lessee or agent expires; or
3) authorization from the property owner,
				lessee or agent is withdrawn.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart F - VEHICLE IDENTIFICATION › Section 1710.60 - Vehicle Identification Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided in this Section, each vehicle operated
				  under authority of a relocator's license must bear the full legal name of the
				  relocator, as it appears on the relocator's license, together with the address
				  and telephone number of the relocator. This information shall be in characters
				  not less than 2 inches in height, and in colors contrasting with the color of
				  the background against which the information is painted or printed. All
				  identification must be painted or firmly affixed to both sides of the cab of
				  the vehicle. No other name, address or telephone number of a relocation service
				  shall be visible to the public while the vehicle is being operated under
				  authority of the relocator's license.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart G - INSURANCE REQUIREMENTS › Section 1710.70 - Licenses Conditioned Upon Compliance With Insurance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A license issued by the Commission to a relocator 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 1710 - RELOCATION TOWING › Subpart G - INSURANCE REQUIREMENTS › Section 1710.71 - Proof of Insurance or Bond Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proof of insurance or bond coverage or
				cancellation shall be on forms E, H, and K prescribed by the Commission or on
				forms prescribed by the Interstate Commerce Commission (now the Federal Highway
				Administration) under 49 CFR 1023 as of December 1, 1986. The filing of such
				proof shall constitute acceptance of the minimum terms required by Section
				18a-301 of the Law [625
				ILCS 5/18a-301 ], prescribed in this Part, or such
				higher levels of coverage as stated in the policy or set forth on the
				certificate of insurance, and shall bind the insurance company thereto. Such
				coverage shall remain in effect until a cancellation form is filed with the
				Commission or the coverage is superseded by filing a subsequent certificate of
				insurance.
b) No incorporation in
				this Section adopts any later amendments or editions.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart G - INSURANCE REQUIREMENTS › Section 1710.72 - Relocator's Liability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				relocator's liability shall extend to all operations by or under authority of
				the relocator's license, regardless of whether the operations involve equipment
				owned by or leased to the relocator.
b) The relocator's insurance shall cover all
				operations conducted by or under the authority of the relocator's license,
				regardless of whether the operations involve equipment owned by or leased to
				the relocator.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart H - REQUIRED NOTIFICATIONS › Section 1710.80 - Notification of Law Enforcement Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Not later than 1 hour after a vehicle is
				relocated, the relocator shall notify the law enforcement agency having
				jurisdiction in the area from which the vehicle was relocated. The notification
				shall be confirmed in writing by first class U.S. mail within 24 hours after
				the vehicle is relocated and shall include all information set forth in
				subsection (c). Law enforcement agencies may prescribe a method of notification
				other than U.S. mail. Relocators must maintain records documenting the
				notification, the method of notification used, and the law enforcement agency's
				request to use a method of notification other than U.S. mail.
b) Any relocator in possession of a vehicle
				that has remained unclaimed for a period of 15 days after having been towed
				shall, within 5 days after the expiration of that period, report the vehicle as
				unclaimed. The report shall be made to the municipal police having jurisdiction
				over the location from which the vehicle was towed if the vehicle was towed
				from a location within the corporate limits of any city, village or
				incorporated town. The report shall be made to the County Sheriff or State
				Police having jurisdiction over the location from which the vehicle was towed
				if the vehicle was towed from a location that is outside of the corporate
				limits of a city, village or incorporated town.
c) Notification shall include:
1) The name, address and telephone number of
				the relocator;
2) The license
				number of the relocator;
3) The
				color, make, model and license number of the vehicle relocated;
4) The date and time of the
				relocation;
5) The address of the
				property from which the vehicle was relocated, and the address to which the
				vehicle was relocated; and
6) the
				Vehicle Identification Number (VIN).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart H - REQUIRED NOTIFICATIONS › Section 1710.81 - Notification of the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission must be notified in writing
				of the address and telephone of each facility at which the relocator will
				conduct any part of its business before any business may be transacted by the
				relocator at that location. Locations subject to this requirement include
				offices, dispatching stations, storage yards, and any other locations used in
				the conduct of the relocator's business.
b) The relocator must notify the Commission
				in writing of any change in the names and addresses of persons who hold greater
				than 5 percent ownership or control in the relocator. Such notification must be
				given within 7 calendar days after the change occurs.
c) Criminal Records.
1) The relocator must notify the Commission
				immediately in writing of the arrest or conviction of any owner, controller,
				director, officer, employee or agent of a relocator for crimes of the type
				which would be considered in granting or denying a relocator's
				license.
2) Any owner, controller,
				director, officer, employee, or agent of a relocator must notify the relocator
				immediately, in writing, of his or her arrest or conviction for crimes of the
				type which would be considered in granting or denying a relocator's
				license.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart I - BOOKS AND RECORDS › Section 1710.91 - Written Authorizations to Relocate/Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each relocator shall maintain a file of
				all written authorizations to relocate vehicles, and of contracts relating to
				the relocation of vehicles.
b) Each
				contract between a relocator and one or more property owners, lessees or agents
				shall state:
1) The name of the relocator and
				all other parties to the contract;
2) The location of each property to which the
				contract applies;
3) A description
				of all services to be provided by the relocator; and
4) A description of all compensation to be
				received by the relocator.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart I - BOOKS AND RECORDS › Section 1710.92 - Accounting and Maintenance of Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each relocator 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.
c) Each relocator 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 evidence of the expenditures incurred. All revenues must be
				supported by freight bills or, in the case of income from a lease, other
				documentation which evidences the revenue received.
d) The books referred to in this Section
				include not only books of account in a limited technical sense but all other
				correspondence, memoranda, etc., that will be useful in developing the history
				of or facts regarding any transaction.
e) Any relocator engaged directly or
				indirectly in any other than a relocation business shall keep separate and
				distinct records for the relocation operation.
f) Each carrier shall keep its books on the
				basis of an accounting year of 12 months ending on December 31 of each
				year.
g) Each relocator shall
				preserve such books, accounts, records or memoranda for a period of at least 3
				years.
h) Each relocator shall
				maintain its books and records for 3 years at its principal place of business
				or at the office of its accountant. The Commission shall at all times be
				notified of the location at which the books and records are being
				kept.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart I - BOOKS AND RECORDS › Section 1710.93 - Audit and Inspection of Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
Each relocator shall permit any investigator, police officer,
				  or auditor of the Commission to inspect or audit its books and records, on
				  request, at any time when the relocator is open to the
				  public.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart I - BOOKS AND RECORDS › Section 1710.94 - Call Logs

Current through Register Vol. 48, No. 28, July 12, 2024
Relocators shall retain a Call Log for tows conducted
				  pursuant to a written authorization that specifies that trespassing vehicles
				  will be removed from the property only when contacted by the property owner,
				  lessee or agent. The Call Log shall contain:
a) The date and time of the request to tow a
				trespassing vehicle;
b) The address
				of the property from which the vehicle is to be relocated;
c) The color, make, model and license number
				or the vehicle identification number (VIN) of the vehicle requested to be
				relocated, to the extent that information is available to the requestor or
				relocator from an examination of the exterior of the vehicle at the time of the
				request or relocation;
d) The date
				and time that law enforcement notification was made;
e) The star number, ID number, or name of the
				individual contacted at the law enforcement agency; and
f) A Dispatch Log including all relocation
				tows or all tows made by a relocator, in lieu of a separate Call Log, if the
				Dispatch Log indicates which relocations were patrol and which were call and
				contains the information set forth in subsections (a) through (e).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart J - ANNUAL REPORTS › Section 1710.100 - Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each relocator shall complete and file with the Commission
				  not later than May 15 of each calendar year an annual report for the preceding
				  calendar year for its relocation operations only. The report shall be on the
				  Commission's Relocator Annual Report form.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart K - INFORMATION PROVIDED TO THE PUBLIC BY RELOCATORS › Section 1710.110 - Public Information Pamphlets

Current through Register Vol. 48, No. 28, July 12, 2024
Each relocator shall display and make available, at each
				  location where it conducts a part of its business with the public copies of the
				  Commission's pamphlet "Relocator Regulations." Copies shall be provided to the
				  relocator by the Commission on request by the relocator.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart K - INFORMATION PROVIDED TO THE PUBLIC BY RELOCATORS › Section 1710.111 - Informal Complaint Form

Current through Register Vol. 48, No. 28, July 12, 2024
Each relocator shall provide a copy of the Commission's
				  Informal Relocator complaint form to each person who claims that a vehicle has
				  been relocated in violation of the Law or this Part, or any other laws of this
				  State, or any theft of or damage to the vehicle or its contents. Copies shall
				  be provided to the relocator by the Commission on request by the
				  relocator.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart L - RECLAIMING RELOCATED VEHICLES › Section 1710.120 - Conditions Under Which Vehicles Are To Be Released

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where a properly identified person has
				tendered payment at rates prescribed by the Commission in one of the forms
				specified in Section
				1710.122,
				a relocator operating pursuant to a valid license issued by the Commission and
				in compliance with the Law and this Part shall be required to relinquish
				possession of a relocated vehicle:
1)
				immediately, if the vehicle is stored in the relocator's primary storage lot;
				or
2) if the vehicle is stored in a
				secondary lot, within a reasonable time:
A)
				not to exceed 2 hours if the foregoing conditions for release are satisfied
				before 5:00 p.m. on a weekday; or
B) not later than 10:00 a.m. the following
				day otherwise.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart L - RECLAIMING RELOCATED VEHICLES › Section 1710.121 - Identification of Vehicle Owner or Driver

Current through Register Vol. 48, No. 28, July 12, 2024
The owner of the relocated vehicle or the owner's agent shall
				  be considered properly identified if such person presents:
a) A valid driver's license plus an ignition
				key which operates the vehicle; or
b) Indicia of ownership or authorized
				possession of the type unlikely to have been fabricated after the vehicle was
				relocated. Such indicia shall include, but not be limited to, a certificate of
				title, a valid and current registration card, a bill of sale, or a lease or
				rental contract.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart L - RECLAIMING RELOCATED VEHICLES › Section 1710.122 - Payment of Fees and Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Form of Payment. Relocators shall accept any of the following methods of
				payment for lawful fees and charges:
1)
				United States currency;
2) Commonly
				recognized travelers checks;
3)
				Money orders;
4) Cashier's
				checks;
5) Certified checks;
				and
6) Commonly accepted credit
				cards and debit cards.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart L - RECLAIMING RELOCATED VEHICLES › Section 1710.123 - Hours During Which Vehicles May Be Reclaimed

Current through Register Vol. 48, No. 28, July 12, 2024
Relocators shall maintain business hours permitting the
				  public to reclaim relocated vehicles during all hours that relocation
				  operations are conducted and for 2 hours after the termination of relocation
				  operations, and shall not impose storage charges for any days or hours during
				  which the relocator is not open to the public for reclaiming vehicles as noted
				  on signs posted pursuant to Section
				  1710.51.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart M - STORAGE LOTS › Section 1710.130 - Ownership and Identification of Storage Lots

Current through Register Vol. 48, No. 28, July 12, 2024
Each lot to which vehicles may be transported or at which
				  vehicles may be stored must be:
a)
				Owned by or under written lease for the exclusive use of the relocator;
				and
b) Identified as the property
				of the relocator by one or more signs meeting the specifications of Section
				18a-302 of the Law [625
				ILCS 5/18a-302 ] and Section
				1710.51 of
				this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart M - STORAGE LOTS › Section 1710.131 - Security of Storage Lots

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each lot to which vehicles may be transported or at which vehicles may be
				stored must be secured by fencing with locking gates, to prevent unauthorized
				access to relocated vehicles.
b) If
				a relocator commingles vehicles stored pursuant to its relocator's license with
				other vehicles, the relocator shall mark the upper driver's side windshields of
				the stored vehicles with glass chalk or other non-permanent windshield marker
				in characters at least 2 inches high and 1/2 inch wide:
1) All relocated vehicles with the relocation
				towing invoice number for that vehicle; and
2) All non-relocated vehicles stored in its
				secure storage lot with the letters "N/R".
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart M - STORAGE LOTS › Section 1710.132 - Attendance at Storage Lots

Current through Register Vol. 48, No. 28, July 12, 2024
Each lot to which vehicles may be transported or at which
				  vehicles may be stored must be attended, during all hours when vehicles can be
				  reclaimed, by the relocator or an employee of the relocator who is authorized
				  to release vehicles in accordance with this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart M - STORAGE LOTS › Section 1710.133 - Maintenance of Records at Storage Lots

Current through Register Vol. 48, No. 28, July 12, 2024
Records of all vehicles relocated during the previous year to
				  a lot to which vehicles may be transported or at which vehicles may be stored
				  must be maintained on the premises and made available for inspection by
				  authorized Commission investigators, police officers or
				  auditors.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart M - STORAGE LOTS › Section 1710.134 - Secondary Storage Lots

Current through Register Vol. 48, No. 28, July 12, 2024
A licensed relocator may utilize secondary storage lots for
				  the storage of unclaimed vehicles subject to the following conditions:
a) any such lot must be owned by or under
				written lease for the exclusive use of the relocator;
b) the relocator must have notified the
				Commission of the location of all such lots prior to the use of such
				lots;
c) a vehicle may not be moved
				to a secondary storage lot unless it has remained unclaimed for a period of 10
				days from the date of relocation to the relocator's primary storage
				lot;
d) the relocator shall be
				required to retrieve within the time specified in Section
				1710.120(a)
				any vehicle stored at a secondary lot upon proper reclaiming of such vehicle in
				accordance with Section
				1710.120
				of this Part; and
e) the relocator
				may not charge a vehicle owner any storage or transportation charge for the
				period of time necessary to retrieve a vehicle stored at a secondary
				lot.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart N - ENFORCEMENT › Section 1710.140 - Imposition of Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
When the Commission has reason to believe that a person has
				  committed an act which is a violation of the Law or this Part it may conduct an
				  operating practices proceeding to impose sanctions including, but not limited
				  to, the suspension or revocation of the respondent's license and/or the
				  assessment of civil penalties. In deciding whether to conduct an operating
				  practices proceeding, the Commission will consider, among other factors, the
				  severity of the offense, the probability of guilt, and possible effects of
				  sudden suspension or revocation on the relocator's customers.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart N - ENFORCEMENT › Section 1710.141 - Informal Settlement in Lieu of Formal Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the institution of formal enforcement proceedings
				  before the 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 Law.
a) The
				Notice of Alleged Violation and Opportunity to Settle (NAVOS) setting forth the
				alleged violations of the Law or this Part 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 as set forth in Section 18c-1704(2) of the Illinois Commercial
				Transportation Law (ICTL) [625 ILCS
				5/18c-1704(2) ].
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-705 of the ICTL.
d) Settlement amounts shall be determined
				upon consideration of the respondent's past compliance history, his cooperation
				with authorities in the resolution of the dispute, his willingness to comply
				with the Law and this Part 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart N - ENFORCEMENT › Section 1710.142 - Initiation of Operating Practices Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) An enforcement proceeding shall be
				initiated by the issuance of a Complaint which shall set forth the alleged
				violations of the Law. The Complaint shall be served on the respondent by
				certified mail, return receipt requested, at the last address known to the
				Commission, or by personal service if the respondent is not licensed by the
				Commission and service by mail cannot be accomplished.
b) The respondent shall have 20 days from the
				date of service of the Complaint to file a responsive pleading with the
				Commission. Failure to respond within the specified time shall result in the
				matter being set for hearing. Notice of the time, date and place for the
				hearing shall be mailed to the respondent.
c) All matters set for hearing as a result of
				this Section shall be conducted in accordance with 83 Ill. Adm. Code 200 (Rules
				of Practice) and with the provisions of Section 18c-1704 of the ICTL.
d) Respondent's failure to appear at a
				hearing or otherwise respond to a complaint shall constitute a waiver of the
				respondent's right to contest the alleged violation(s). Commission staff shall
				present evidence in support of its allegations and the Commission is
				authorized, without further notice or hearing, to make findings and may
				forthwith order the imposition of any applicable sanction.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart N - ENFORCEMENT › Section 1710.143 - Failure to Appear at Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Respondent's failure to appear at the hearing set for the
				  violation(s) in issue, may constitute a waiver of respondent's right to appear
				  to contest the alleged violation(s). Commission staff shall testify in support
				  of its allegations and the Commission is authorized without further notice to
				  find the facts to be as alleged in the order and may forthwith order the
				  imposition of any applicable sanction.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart N - ENFORCEMENT › Section 1710.145 - Standards for the Assessment of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) In determining whether to assess civil
				penalties the Commission shall consider the following factors:
1) the lack of mitigating circumstances
				including:
A) whether the violation's
				occurrence was attributable to causes beyond the respondent's control rather
				than to respondent's fault or intent; and
B) whether the violation's occurrence was
				attributable to action by the Commission which precluded compliance;
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart N - ENFORCEMENT › Section 1710.146 - Payment of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Commission assesses a civil penalty under this
				  Part:
a) Payment of the civil penalty
				shall be made by certified or cashier's check, money order, or in installments
				by the foregoing means after execution of a promissory note containing an
				agreement for judgment;
b) All
				remittances shall be made payable to the Illinois Commerce Commission and sent
				to Transportation Regulatory Fund, Illinois Commerce Commission, 527 East
				Capitol Avenue, Springfield, Illinois 62706.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart N - ENFORCEMENT › Section 1710.147 - Refunding Fees to Vehicle Owners

Current through Register Vol. 48, No. 28, July 12, 2024
a) A relocator shall refund to a vehicle
				owner any tow and storage fees paid to the relocator in excess of the rate
				posted on the relocator's sign as required by Section
				1710.51(b).
b) A relocator may be ordered by the
				Commission to refund towing or storage fees to the payor, after proper notice
				and hearing, when the Commission has determined that the relocated vehicle was:
1) relocated from private property that did
				not have, at the time of the relocation and for at least 24 hours prior, signs
				posted in compliance with Sections
				1710.50 and
				1710.51;
2) relocated from a space
				on private property where it was authorized to be parked;
3) relocated from private property in
				violation of Section
				1710.43;
4) relocated from private property in
				violation of the written authorization entered into with the property owner,
				lessee or agent;
5) relocated from
				private property for which there was no valid, written authorization in effect
				and on file with the Commission at the time of the relocation;
6) relocated by an operator who did not have,
				at the time of the relocation, a valid operator's employment permit and a valid
				Illinois Driver's License with proper endorsements for the type of relocation
				performed; or
7) relocated by a
				relocator that did not hold a relocated license, or while the relocator's
				license was suspended or revoked.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart O - LEASING › Section 1710.150 - Leasing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Licensed relocators may perform relocation towing with
				  equipment they do not own only in accordance with the provisions of this
				  Subpart.
a) Each lease must be
				executed on the lease form provided by the Commission.
b) A lease subject to this Part must be
				between the owner of the equipment (the lessor) and the relocator to which the
				equipment is leased (the lessee). The lease must be signed by each party or its
				authorized representative.
c) 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
9511 West Harrison Street
Des Plaines, Illinois 60016
d) A filing fee as prescribed in Section
				1710.160 of this Part shall
				be remitted with each lease.
e) No
				operations shall be conducted under a lease to which this Part applies until a
				copy of the completed lease has been filed with Commission at the address
				specified in subsection (c).
f)
				When the lessee takes or relinquishes possession of the equipment, the
				relocator shall give the owner of the equipment a receipt stating the date and
				time of day possession is transferred.
g) During the period of the lease, the lessee
				shall identify the equipment by attaching a placard with the identification of
				the lessee in compliance with Section
				1710.60.
				A copy of the approved executed lease shall be carried in each piece of
				equipment covered by the lease.
h)
				A copy of the completed written lease shall be retained as part of the lessee's
				records.
i) The term of the lease
				shall not exceed 3 years. In the event that a relocator wishes to cancel a
				lease prior to the expiration date, the relocator may file a notice of
				cancellation with the Commission at the address in subsection (c). Otherwise,
				the lease shall remain in effect until the expiration date stated in the lease
				or at the end of 3 years, whichever occurs first.
j) In the event that the license held by the
				lessee is revoked, the lease shall no longer be valid.
k) In the event that the lessee undergoes a
				name change, the lease shall be void from the date of the name change unless
				the lessee files an amendment to the lease showing the changes.
l) Any term of a lease that conflicts with
				the Illinois Commercial Transportation Law, Commission rules or Commission
				orders is void.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart O - LEASING › Section 1710.151 - Supervision and Control of Leased Equipment with Drivers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The relocator shall be responsible and
				liable for all operations under the authority of its license and for
				supervision and control of all equipment and drivers used in such
				operations.
b) The relocator shall
				be responsible regardless of whether the equipment is owned or leased by the
				relocator.
c) All drivers and other
				personnel used by a relocator must be employees of the relocator.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart O - LEASING › Section 1710.152 - Relocation Tow Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Leased equipment and drivers must be within the exclusive control of the
				relocator when operated under authority of the relocator's license.
b) No relocator may lease light duty tow
				equipment or drivers that are the subject of a lawfully effective lease to
				another relocator.
c) Medium duty
				and heavy duty tow equipment and drivers may be simultaneously leased to more
				than one relocator.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart P - FEES › Section 1710.160 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The following fees shall apply:
a)
Filing fee for application for relocator's
							 license
$900
b)
Filing fee for application for the biennial renewal
							 of a relocator's license
$900
c)
Filing fee for application for operator's employment
							 permit
$ 90
d)
Filing fee for application for dispatcher's
							 employment permit
$ 90
e)
Filing fee for application to renew operator's
							 employment permit
$ 60
f)
Filing fee for application to renew dispatcher's
							 employment permit
$ 60
g)
Equipment lease filing fee
$300
h)
Fee for non-electronic filing of contracts
$ 50
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart Q - RECORDS OF INDIVIDUAL RELOCATION TOWS › Section 1710.170 - Relocation Tow Record Form

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Relocation Tow Record Forms or Relocation Tow Record Numbers must be purchased
				from the Commission.
b) A
				Relocation Tow Record Form or a form identified with a Relocation Tow Record
				Number and conforming to a Relocation Tow Record Form purchased from the
				Commission must be completed within 30 minutes after a relocated vehicle enters
				the relocator's facility, whether or not the relocated vehicle is subsequently
				reclaimed. The form will consist of an original and two copies. Each form will
				be identified by a serial number, which will also be printed on the
				copies.
c) At the time a relocated
				vehicle is released, all data fields of the Relocation Tow Record Form must be
				accurately completed to the extent the information needed to complete the data
				fields is available to the relocator. Where applicable, relocators shall
				provide on the Relocation Tow Record Form the reason why a particular data
				field is not available.
d) The
				Relocation Tow Record Forms and Relocation Tow Record Numbers will be available
				only at the Commission's office at 9511 West Harrison Street, Des Plaines,
				Illinois 60016, (847)294-4326.
e)
				The price charged for the Relocation Tow Record Forms and the Relocation Tow
				Record Numbers shall be $10.00 per form or number. Relocators shall be
				permitted to add $2.50 to the otherwise applicable rate for light duty
				relocations.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart Q - RECORDS OF INDIVIDUAL RELOCATION TOWS › Section 1710.171 - Use and Retention of Relocation Tow Record Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a) The person to whom a relocated vehicle is
				released must be issued one copy of the Relocation Tow Record form completed
				for that vehicle.
b) Relocators
				must retain the original and one copy of each completed Relocation Tow Record
				form for a period of three years from the date such forms are issued by the
				relocator. The relocator shall also retain the original and all copies of any
				spoiled forms or forms completed for unclaimed vehicles for a period of three
				years from the date such forms are spoiled or completed by the
				relocator.
c) Upon demand a
				relocator must produce the original and copy (or copies) of any Relocation Tow
				Record form retained pursuant to this Section. In addition, a relocator must be
				able to produce any unused Relocation Tow Record forms. Failure or inability to
				produce the required documents, for any reason, is a violation of this
				Section.
d) Blank or unused forms
				may not be disposed of or reproduced.
e) When a relocator permanently ceases
				operation it shall be the responsibility of the relocator to return the
				originals and copies of any completed tow forms retained in accordance with
				this Section and the remaining stock of unused forms to the
				Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart Q - RECORDS OF INDIVIDUAL RELOCATION TOWS › Section 1710.172 - Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Relocators must post the following notice at all locations at which vehicles
				may be reclaimed:
Notice: The Illinois Commerce Commission requires that we
				  give a copy of our Relocation Tow Record form to you as a receipt. Please keep
				  your copy for your records.
b) The notice shall be in letters at least
				one inch high and one-quarter inch wide which shall be printed on a contrasting
				background. The notice shall be prominently displayed so that it may be easily
				seen by persons paying the charge for reclaiming their vehicles.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart R - DISPOSITION OF UNCLAIMED VEHICLES › Section 1710.180 - Disposition of Unclaimed Vehicles

Current through Register Vol. 48, No. 28, July 12, 2024
Unclaimed vehicles shall be disposed of in accordance with
				  625 ILCS 5/4-208 and 625 ILCS 5/4-209.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1710 - RELOCATION TOWING › Subpart S - MEDIUM DUTY AND HEAVY DUTY TOWING › Section 1710.190 - Establishing Vehicle Weights

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Commission will prescribe relocation tow rates for light duty tows, medium
				duty tows and heavy duty tows.
b)
				The applicability of light duty, medium duty and heavy duty relocation rates
				will be determined in the following manner:
1) Passenger vehicles designed to carry not
				more than 10 persons are:
A) Light duty
				relocations; or
B) Medium duty
				relocations, if the manufacturer's gross vehicle weight rating displayed on the
				vehicle is in excess of 8,000 pounds and the relocator utilizes medium duty tow
				equipment to relocate the vehicle.