reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.485 - Investigation of Loss or Damage Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) A household goods carrier shall
				investigate each claim filed against it in the manner prescribed in this
				Subpart if the carrier has not already investigated it prior to receipt of the
				claim.
b) Supporting documents.
1) Each claim must be supported by the
				original or a shipper-certified copy of the bill of lading, any evidence of the
				charges, and the invoice (or an extract of the invoice).
2) The claim must also be supported by
				certification of prices or values, with any trade or other discounts,
				allowance, deductions of any nature and the terms thereof, or depreciation
				reflected in the certification.
3)
				Before voluntarily paying a claim, the household goods carrier shall require
				the claimant to provide written certification of the destination value of a
				shipment where:
A) The property involved in a
				claim has not been invoiced to the consignee shown on the bill of
				lading;
B) An invoice does not show
				price or value;
C) The property
				involved has not been sold; or
D)
				The property has been transferred at bookkeeping values only.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.490 - Disposition of Loss or Damage Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a household goods carrier receives a
				written claim for loss, damage, injury, or delay to property transported, it
				shall pay, decline, or make a written firm offer to be held open for 30 days to
				settle to the claimant within 120 days after receipt of the claim by the
				carrier, except where the claimant and the carrier agree in writing to an
				extension of time for a definite period.
b) If the carrier declines to pay a claim or
				makes a firm offer to settle in an amount different from that sought by the
				claimant, the carrier shall give the claimant written notice of its action and
				reasons for its action. The carrier shall give written notice within the time
				specified in subsection (a).
c) If
				the carrier cannot process and dispose of the claim within 120 days after
				receipt, the carrier will, at that time and at the expiration of each
				succeeding 60 day period while the claim remains pending, provide the claimant
				with written notice of the status of the claim and the reason for the delay in
				making final disposition. The carrier shall retain a copy of the notice to the
				claimant in its claim file.
d) If
				the carrier notifies the claimant that it cannot process and dispose of the
				claim within 120 days after receipt, the claimant may elect to extend the time
				as provided in subsection (a) or may treat the notice as notice that the
				carrier has declined to pay the claim. The claimant will be deemed to have
				elected to treat the notice as notice that the carrier has declined to pay the
				claim, unless it notifies the carrier otherwise within 15 days after receipt of
				the carrier's notice.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart G - CLAIMS FOR LOSS OR DAMAGE › Section 1457.495 - Processing of Salvage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Whenever a household goods carrier transports property that is not accepted by
				the owner, consignee, or other person entitled to receive the property after
				tender of the property, the carrier shall undertake to sell or dispose of the
				property. The carrier shall remit the net proceeds of the sale or other
				disposal of the property to the person entitled to receive the property within
				15 days after sale or disposal.
b)
				The household goods carrier shall give 15 days notice to the owner, consignee,
				or other person entitled to receive the property of its intent to dispose of
				the property before selling or otherwise disposing of the property. Unless the
				owner, consignee, or other person entitled to receive the property notifies the
				carrier in writing within 15 days that it will accept delivery of the property,
				the carrier will then be able to sell or otherwise dispose of the property. The
				carrier may promptly sell perishable goods to prevent deterioration or further
				deterioration.
c) The household
				goods carrier shall make an itemized record of the sale or disposal of the
				property so that it can correlate the property to the shipment involved and any
				claim filed concerning the property. The carrier shall also assign to each lot
				of property a consecutive lot number and record that number on its record of
				the shipment.
d) Upon receipt of a
				claim on a shipment for which salvage has been processed in compliance with
				this Section, the carrier will record in its claim file the lot number
				assigned, the amount of money recovered from the disposition of the property,
				the name and address of the person to whom the proceeds were paid, and the date
				of transmittal of the money to the person or persons entitled to receive the
				money. That information shall be included in the carrier's acknowledgment of
				the claim.
e) Whenever a household
				goods carrier sells or otherwise disposes of property through or to a person in
				which the carrier or one or more of its owners, directors, officers, partners,
				managers, employees, or agents has any interest, the carrier shall indicate the
				details of the transaction and relationship in its salvage records. The carrier
				shall not sell or otherwise dispose of property to or through any person owned,
				controlled, or operated by or in common with the carrier.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart H - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1457.500 - Generally Accepted Accounting Principles

Current through Register Vol. 48, No. 28, July 12, 2024
a) All Illinois Commerce Commission licensed
				common or contract household goods carriers, and each receiver, trustee,
				executor, administrator, or assignee of any 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" of
				the Financial Accounting Standards Board (June 2000, no later amendments or
				editions included).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart H - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1457.510 - 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 that support in any way the entries to those 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 detailed information as will provide a ready analysis and
				verification of the facts recorded in those materials. 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 bills of lading, freight bills or,
				in the case of income from a lessee, other documentation that evidences the
				revenue received.
b) The books
				referred to in this Subpart include not only books of account in a limited
				technical sense but all other correspondence, memoranda, including but not
				limited to computer files, electronic memorandum and computer databases,
				written estimates, weight tickets, storage inventory sheets and storage
				contracts, insurance and valuation documentation, loss and damage claim
				documentation, claim register, etc., that will be useful in developing the
				history of or facts regarding any transaction.
c) Every household goods 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 3
				years.
f) Unless otherwise
				authorized by the Commission in writing, each household goods carrier shall
				have an office in this State and shall keep in that office all books, accounts,
				papers, records, and memoranda listed in this Subpart.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart H - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1457.520 - 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 a
				  motor carrier, authorized personnel or motor carrier agent, with or without
				  prior notice to the authority holder.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart H - ACCOUNTING AND FINANCIAL RECORD REQUIREMENTS › Section 1457.530 - Annual Report Filing Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
Each household goods carrier shall complete and file with the
				  Commission, not later than May 15 of each calendar year, an annual report for
				  the preceding calendar year. The report shall be on the Commission's Household
				  Goods Carrier Annual Report Form.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart I - BILLS OF LADING OR OTHER FORMS › Section 1457.600 - Bills of Lading and Freight Bills

Current through Register Vol. 48, No. 28, July 12, 2024
a) Issuance of the bill of lading. At the
				time a shipment is picked up, all carriers shall issue a bill of lading
				indicating the commodities transported, the weight or other unit used to
				compute freight charges, the points of origin and destination, and the names of
				the consignor and consignee.
b)
				Information required on the bill of lading. Whenever a bill of lading is issued
				in compliance with subsection (a) of this Section, the carrier shall show, in
				addition to the information specified in subsection (a), the following
				information:
1) The names of the carriers
				participating in the transportation of the shipment;
2) The name, physical address, and telephone
				number of the office of the carrier who should be contacted in relation to the
				shipment, should there be a need for contact;
3) The name, physical address, and telephone
				number of a person to whom notification provided for in Section
				1457.90(e)
				shall be given, except when this cannot be obtained from the shipper;
4) With regard to pickup and delivery the:
A) Agreed pickup date;
B) Actual pickup date;
C) Agreed delivery date or the agreed period
				of time within which delivery of the shipment is expected at the final
				destination;
5) Where
				applicable, the estimated amount due to the carrier to obtain possession of a
				Collect on Delivery (C.O.D.) shipment;
6) A statement that, unless the shipper
				expressly releases the shipment to a value of 30 cents per pound per article,
				the carrier's maximum liability for loss of or damage to the shipment shall be
				an amount equal to $2 for each pound of weight in the shipment or the lump sum
				value declared by the shipper on this form, whichever is greater.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart I - BILLS OF LADING OR OTHER FORMS › Section 1457.610 - Estimate of Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Estimates of the charges in relation to the transportation of household goods
				shall be based upon an inspection of the goods or upon a shipper's description
				of the goods, by telephone or other means, confirmed in writing prior to
				rendition of the service.
b)
				Estimates of the charges in relation to the transportation of household goods
				shall be on a Commission approved household goods estimate form. The Commission
				shall approve any form that:
1) Is identified
				at the top of the first page as an "Estimate of Charges";
2) Identifies on the first page the name of
				the carrier as it appears on its Commission license, the address of the carrier
				at which employees of the carrier are on duty during business hours, and the
				telephone number of the carrier;
3)
				Identifies on the first page the name of the shipper and receiver and the
				addresses at which the goods are to be picked up and delivered;
4) Specifies the number of pieces of
				equipment and personnel to be used for the transportation of the
				shipment;
5) Specifies, for hourly
				rated shipments, the number of hours, including travel time, estimated for the
				transportation of the shipment;
6)
				Specifies, for weight rated shipments, the weight and distance estimated for
				the transportation of the shipment;
7) Includes the description and estimated
				charges for any accessorial services, including packing, packing materials,
				valuation, storage, warehouse handling or other charges contained within the
				carrier's lawfully filed tariffs;
8) Specifies the total estimated cost for the
				transportation of the shipment;
9)
				Contains an area verifying that a copy of the Commission's consumer guide to
				household goods moves was provided to the shipper; and
10) Does not contain provisions contrary to
				this Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart I - BILLS OF LADING OR OTHER FORMS › Section 1457.620 - Inventory Forms

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Definitions. As used in this Section, the term "intercity" means transportation
				other than "short haul". As used in this Section, the term "short haul" means
				transportation from the point of origin to the final destination of not more
				than 35 miles, except that moves which begin and end within the area covered by
				the counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will shall be
				considered "short haul".
b) Each
				carrier shall, prior to loading at the point of origin, prepare a written
				inventory of each intercity shipment and of each shipment for which any type of
				storage service is requested.
c) A
				properly executed copy of the inventory, signed by both the carrier and the
				shipper, shall be given to the shipper at the point of origin, prior to
				loading. Another properly executed copy, signed by the carrier and the shipper,
				and reflecting any changes in the number, nature, or condition of the lading,
				shall be given to the shipper at the final destination, subsequent to
				unloading. A written inventory shall also be prepared for short haul movements
				at the request of the shipper, provided the shipper agrees to pay the tariff
				rate for preparation of an inventory. The carrier, however, shall not require
				the preparation of an inventory at the shipper's expense for short haul
				movements.
d) Information required
				on an inventory. Each inventory required under this Section shall:
1) Show the name and current address of the
				carrier on file with the Commission where its employees can be
				reached;
2) Show the shipper's
				name;
3) Show the point of origin
				and the final destination of the shipment;
4) Include the carrier's description of the
				goods contained within the shipment and the condition of those goods;
5) Provide a column for the shipper to note
				exceptions to the inventory as prepared by the carrier;
6) Note any goods held by the carrier pending
				payment of charges; and
7) Identify
				spaces for both the shipper and carrier to sign at the point of origin and the
				final destination.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart I - BILLS OF LADING OR OTHER FORMS › Section 1457.630 - Storage Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon receiving a request for storage service, the carrier shall ascertain
				whether it is the intent of the shipper to have the shipment stored in excess
				of 180 days. The storage service shall be treated as permanent storage if the
				storage is in excess of 180 days or if the time period of intended storage is
				indefinite. Only storage incidental to transportation shall be deemed storage
				in transit.
b) Charges for storage
				in transit shall be stated in an amount per 100 pounds per day or a fraction
				thereof.
c) Storage in transit
				rates need not be established by a carrier that does not hold itself out to
				provide or arrange for storage in transit service. Such a carrier, however,
				must publish in its tariff a statement that it does not hold itself out to
				provide or arrange for storage services.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart I - BILLS OF LADING OR OTHER FORMS › Section 1457.640 - Determination of Weights

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each carrier shall determine the tare weight of each vehicle used in the
				transportation of household goods to be rated on a hundred-weight basis by
				having it weighed prior to the transportation of each shipment, at a public
				scale, without the crew on the vehicle. Scales used shall be certified by the
				Illinois Department of Agriculture. When weighed, the vehicle shall contain all
				pads, chains, dollies, hand trucks, and other equipment needed in the
				transportation of the shipment. After the vehicle has been loaded, it shall be
				weighed, without the crew, at the point of origin of the shipment. The net
				weight of the shipment shall be obtained by deducting the tare weight from the
				loaded weight. Where no certified scale is available at the point of origin,
				the loaded weight shall be obtained at the nearest public scale, either in the
				direction of the movement of the shipment, or in the direction of the next
				pickup or delivery in the case of part loads. Gross weight shall be obtained on
				the same scale as the tare weight with no addition of fuel between
				weighings.
b) If no certified scale
				is available at the point of origin, at any point en route, or at the final
				destination, a constructive weight based upon 7 pounds per cubic foot of
				properly loaded van space shall be used. That constructive weight also shall be
				used for a part load where the circumstances are such that its scale weight
				could not be obtained at the point of origin, en route, or at the final
				destination without first unloading it or other part loads being carried in the
				same vehicle.
c) Whenever weights
				are required to be obtained pursuant to this Section, the carrier shall obtain
				a weight ticket, and this weight ticket shall be maintained by the carrier as
				part of its record of the shipment. A copy of the weight ticket shall be given
				to the shipper.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart I - BILLS OF LADING OR OTHER FORMS › Section 1457.650 - Information Pamphlets for Shippers

Current through Register Vol. 48, No. 28, July 12, 2024
Each carrier shall provide to each non-commercial shipper,
				  free of charge, and prior to rendition of service, a copy of the Commission's
				  consumer guide to household goods moves.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart I - BILLS OF LADING OR OTHER FORMS › Section 1457.660 - Retention of Bills and Other Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Bills of lading, written estimates, inventory sheets, storage
				  contracts and warehouse receipts, weight tickets, insurance policies 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 for a minimum of 3 years.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart J - CAB CARDS AND IDENTIFIERS › Section 1457.700 - 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 or this Part 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 the fees were paid.
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 1457 - HOUSEHOLD GOODS CARRIERS › Subpart J - CAB CARDS AND IDENTIFIERS › Section 1457.710 - 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 household
				goods carrier is leased to another licensed intrastate household goods carrier,
				and the vehicle carries a valid intrastate cab card issued to the carrier that
				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 that 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.
c)
				Temporary cards. An intrastate household goods carrier need not hold or carry
				an Illinois intrastate cab card/identifier if the carrier has been issued and
				carries a valid, current temporary cab card/identifier. An interstate household
				goods carrier need not hold or carry a permanent cab card with Illinois
				interstate identifier if the carrier has been issued and carries 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 1457 - HOUSEHOLD GOODS CARRIERS › Subpart J - CAB CARDS AND IDENTIFIERS › Section 1457.720 - Transfer of Cab Card/Identifier

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a household goods carrier 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 shall enter the appropriate expiration date on the cab
				card;
2) The carrier shall enter
				the date on which it terminates 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 corner of the cab card for the substitute vehicle to the upper
				left-hand corner of 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 1457 - HOUSEHOLD GOODS CARRIERS › Subpart J - CAB CARDS AND IDENTIFIERS › Section 1457.730 - Expiration, Alteration, and Replacement of Cab Card/Identifier

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each household
				goods carrier shall destroy a cab card/identifier immediately upon its
				expiration.
b) Any erasure,
				alteration, or unauthorized use of a cab card/identifier shall render the cab
				card/identifier 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 household goods carrier's
				application and the payment of the same fee prescribed for the issuance of the
				original cab card/identifier (see Subpart Q).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart J - CAB CARDS AND IDENTIFIERS › Section 1457.740 - 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 shall
				  be revoked only in accordance with procedures and standards applicable to fee
				  adjustments under Section 18c-1501(2) of the Law.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart K - CARRIER IDENTIFICATION › Section 1457.800 - Carrier Identification of Vehicles and Format

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. The 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. The 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 Subpart 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 Subpart.
d) 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart L - EQUIPMENT LEASES › Section 1457.900 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Subpart
				applies to the following actions by household goods carriers:
1) The leasing of equipment with which to
				perform transportation regulated by the 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 1457 - HOUSEHOLD GOODS CARRIERS › Subpart L - EQUIPMENT LEASES › Section 1457.910 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Addendum". A supplement to an existing lease.
"Authorized carrier". A person holding a household goods
				  carrier 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 that 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 1457 - HOUSEHOLD GOODS CARRIERS › Subpart L - EQUIPMENT LEASES › Section 1457.920 - General Leasing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Leasing permitted only in compliance with
				this Subpart. Authorized carriers may perform regulated transportation in
				equipment they do not own only in accordance with this Subpart.
b) Written lease required. Each lease covered
				by this Subpart must be in writing.
c) Parties and signatures. A lease subject to
				this Subpart 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 Subpart applies must be filed with the Commission's Transportation
				Division at the following address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
Springfield IL 62701
2) Filing fee requirement. A filing fee as
				prescribed in Subpart Q shall be remitted with each lease.
3) No operations shall be conducted under a
				lease to which this Subpart 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 1457 - HOUSEHOLD GOODS CARRIERS › Subpart L - EQUIPMENT LEASES › Section 1457.930 - 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, 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 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 the
				amendments.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart L - EQUIPMENT LEASES › Section 1457.940 - Lease Terms and Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Required terms and information. A lease subject to this Subpart 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 that is
				subject to the lease.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart L - EQUIPMENT LEASES › Section 1457.960 - 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 as set forth in Section 18c-4307 of the Law, making both
				the lessor and lessee subject to sanctions provided by Section 18c-1704 of the
				Law.
b) Exceptions. The requirement
				of exclusive possession and control does not apply to a lessee that, 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 1457 - HOUSEHOLD GOODS CARRIERS › Subpart L - EQUIPMENT LEASES › Section 1457.970 - 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 Subpart are complied with.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart M - RATES BASED ON VALUE (RELEASED VALUE RATES); LINE-HAUL RATES; AND ACCESSORIAL OR TERMINAL CHARGES › Section 1457.1000 - Authority to Establish Released Value Rates

Current through Register Vol. 48, No. 28, July 12, 2024
a) Prior authority from the Commission is
				required to establish released value rates.
b) Standards for granting or denying released
				value rate applications. The Commission shall grant an application for
				authority to establish rates based on value if the rate is agreed to by the
				shipper, based on value declared by the shipper in writing, and is in
				compliance with 92 Ill. Adm. Code 1225, except that the rate is based on
				value.
c) Additional authority not
				required to change rate levels. Carriers authorized to establish rates based on
				value may change the level of the rates without additional authority, provided
				that the commodities to which the rates apply, the territory within which the
				rates apply, and other provisions regarding application of the rates are not
				changed.
d) Limitation. A released
				value rate authorized by the Commission applies to the specific shippers for
				which it was authorized.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart M - RATES BASED ON VALUE (RELEASED VALUE RATES); LINE-HAUL RATES; AND ACCESSORIAL OR TERMINAL CHARGES › Section 1457.1010 - Released Rate Application Form

Current through Register Vol. 48, No. 28, July 12, 2024
Applications for authority to establish rates based on value
				  shall be on the Commission's "Released Rate Application" form. Forms are
				  available from the Commission at its offices in Springfield and
				  Chicago.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart M - RATES BASED ON VALUE (RELEASED VALUE RATES); LINE-HAUL RATES; AND ACCESSORIAL OR TERMINAL CHARGES › Section 1457.1020 - Establishment of Line-haul Rates

Current through Register Vol. 48, No. 28, July 12, 2024
a) All carriers under the Commission's rate
				jurisdiction are required to establish rates in cents per 100 pounds, except as
				provided in subsections (b) and (c) of this Section.
b) Rates may be established per unit of time:
1) When the distance from the point of origin
				to the final destination of a shipment is not more than 35 miles; or
2) When both the point of origin and the
				final destination of a shipment are within the area covered by the counties of
				Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will; or
3) When the transportation is exempt from
				Commission rate jurisdiction. Transportation is rate-exempt when both the point
				of origin and the final destination of a shipment are within the terminal area
				of a municipality, unless both the origin and destination are within a county
				having a population of 1,000,000 or more.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart M - RATES BASED ON VALUE (RELEASED VALUE RATES); LINE-HAUL RATES; AND ACCESSORIAL OR TERMINAL CHARGES › Section 1457.1030 - Accessorial or Terminal Service Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions. As used in this Section, the
				term "intercity" means transportation other than "short haul". As used in this
				Section, the term "short haul" means transportation from the point of origin to
				the final destination of not more than 35 miles, except that moves wholly
				within counties having a population of 1,000,000 or more are not considered
				"short haul".
b) Each household
				goods carrier shall establish charges for each accessorial or terminal service
				rendered in connection with line-haul transportation. The tariffs containing
				such charges shall separately describe each service and the charge therefor.
				Charges for packing and unpacking service shall be on a physical unit basis.
				Charges for miscellaneous labor performed at the request of the shipper shall
				be on an hourly basis.
c) Whenever
				the shipper specifically requests notification of the actual weight and charges
				on an intercity shipment, the carrier shall comply with the request immediately
				upon determining the actual weight and charges, by telephone, fax, or e-mail if
				requested. The notification shall be made no later than 24 hours prior to the
				time the shipment is offered by the carrier to the shipper for delivery at the
				final destination, except where the shipment is in transit less than 24
				hours.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart N - APPLICATIONS FOR APPROVAL OF TARIFF BUREAU AGREEMENTS › Section 1457.1100 - Definition of Tariff Bureau

Current through Register Vol. 48, No. 28, July 12, 2024
The term "tariff bureau", when used in Subpart N and Subpart
				  O, shall mean any conference, association, committee, or other organization
				  that engages in collective ratemaking activities.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart N - APPLICATIONS FOR APPROVAL OF TARIFF BUREAU AGREEMENTS › Section 1457.1110 - Contents of Application

Current through Register Vol. 48, No. 28, July 12, 2024
Application for approval of a tariff bureau agreement shall
				  be verified and shall show:
a) The
				full and correct name, trade name, and business address (street and number,
				city, state, and zip code) of the applicant; whether applicant is a
				corporation, individual, or partnership; if a corporation, the state of
				incorporation, and if a partnership, the names of the partners and date of
				formation of the partnership.
b)
				The full and correct name and trade name of each carrier participating in the
				agreement.
c) A detailed
				description of the tariff bureau, including its organizational structure; the
				identities of its owners, officers and directors; the services it provides; the
				territory within which it provides services; and any relationship of a business
				nature between the tariff bureau and any other transportation organization
				other than its participating carriers.
d) The facts relied upon to establish that
				the agreement will be in the furtherance of the State transportation policy
				(see
				625 ILCS
				5/18c-1103 ).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart N - APPLICATIONS FOR APPROVAL OF TARIFF BUREAU AGREEMENTS › Section 1457.1120 - Required Exhibits

Current through Register Vol. 48, No. 28, July 12, 2024
There shall be filed with each application the following
				  exhibits:
a) A copy of the collective
				ratemaking agreement.
b) A copy of
				the constitution, bylaws, or other documents or writings, specifying the
				organization's powers, duties, and procedures, unless incorporated in the
				tariff bureau agreement itself.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart N - APPLICATIONS FOR APPROVAL OF TARIFF BUREAU AGREEMENTS › Section 1457.1130 - Independent Action

Current through Register Vol. 48, No. 28, July 12, 2024
When independent action is announced by a carrier
				  participating in a tariff bureau agreement, and the carrier requests that the
				  tariff bureau publish the rates, the tariff bureau shall give notice of and
				  publish the rates in the same manner that the tariff bureau gives notice of and
				  publishes actions proposed under procedures for collective ratemaking. No joint
				  or collective procedures under the agreement are thereby
				  invoked.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart O - TARIFF BUREAU RECORDS AND REPORTS › Section 1457.1200 - Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
Accounts shall be kept by each tariff bureau of all receipts
				  and expenditures of moneys. All receipts and expenditures of moneys shall be
				  supported by original records or copies of original records.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart O - TARIFF BUREAU RECORDS AND REPORTS › Section 1457.1210 - Ratemaking Records

Current through Register Vol. 48, No. 28, July 12, 2024
Each tariff bureau shall maintain, with regard to each rate
				  proposal presented to or acted upon by the tariff bureau, either as an
				  independent action or collective action, a complete file containing:
a) A copy of the rate proposal as received by
				the tariff bureau;
b) A copy of any
				response by the tariff bureau, participating carriers, or others to the rate
				proposal;
c) An account of the
				processing and disposition of the rate proposal; and
d) Any related documents in the possession of
				the tariff bureau.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart O - TARIFF BUREAU RECORDS AND REPORTS › Section 1457.1220 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each tariff bureau shall complete and file with the
				  Commission by May 15 of each year the Commission's Tariff Bureau Annual Report
				  form.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart O - TARIFF BUREAU RECORDS AND REPORTS › Section 1457.1230 - Prohibition Against Protests by Tariff Bureaus

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission shall not approve any
				tariff bureau agreement unless the agreement provides that the tariff bureau
				shall not, in its own name, intervene in opposition to any action by a
				participating or non-participating carrier.
b) A tariff bureau may act as the agent for a
				carrier in filing or prosecuting a petition for leave to intervene in
				opposition to the action of a carrier, provided that the tariff bureau does not
				engage in the unauthorized practice of law.
c) A tariff bureau may defend a general rate
				change published by the bureau in an agency publication.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart P - CARRIER/AGENT RELATIONSHIPS › Section 1457.1300 - Carrier/Agent Relationships

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Household goods carriers are absolutely responsible for all the acts or
				omissions of their agents that relate to the performance of Illinois intrastate
				transportation held out in the name of the principal carrier, or where the
				shipper is led to believe the transportation would be performed by the
				principal carrier.
b) No household
				goods carrier shall act for any other carrier in the solicitation or
				transportation of shipments of household goods in Illinois intrastate commerce
				between points that both carriers are authorized to serve unless the rates
				established by the 2 carriers are identical.
c) Authority for Agents' Operations:
1) When an agent of a carrier moves a
				shipment under its own operating authority, the estimate of charges, bill of
				lading, and other related documents shall be prepared and issued by the agent
				in its own name rather than in the name of the principal.
2) When an agent of a household goods carrier
				moves a shipment under its principal's operating authority, the estimate of
				charges, bill of lading, and other related documents shall all be prepared and
				issued in the name of the principal rather than in the name of the agent. In
				this situation, the agent shall act in all respects as if it were the
				principal.
3) To the extent that an
				agent operates beyond the scope of its certificate or license, by using the
				principal's operating authority, it shall do so pursuant to an equipment lease
				(see Subpart L of this Part) or a license transfer approved by the Commission.
				In this instance, the estimate of charges, bill of lading, and other related
				documents shall all be prepared and issued by the agent in the name of the
				principal rather than in its own name.
4) Before operations are conducted by an
				agent on behalf of its principal, a copy of the agency agreement, duly executed
				by the parties, shall be filed with the Commission.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1457 - HOUSEHOLD GOODS CARRIERS › Subpart Q - FEES › Section 1457.1400 - Filing Fees

Current through Register Vol. 48, No. 28, July 12, 2024
Filing fees for household goods carriers shall be as
				  follows:
a) Application for new
				license
1) Application for temporary
				authority $450
2) Application for
				emergency temporary authority $450
3) Application for permanent license
				$900