AUTHORITY: Implementing Section 18a-101 and authorized by Section 18a-200 of the Illinois Commercial Relocation of Trespassing Vehicles Law [625 ILCS 5/18a-101 and 18a-200].

SOURCE: Adopted at 3 Ill. Reg. 22, p. 49, effective May 28, 1979; amended at 7 Ill. Reg. 4142, effective April 1, 1983; codified at 8 Ill. Reg. 8912; Part recodified at 10 Ill. Reg. 18012; old Part repealed and new Part adopted at 11 Ill. Reg. 17718, effective October 15, 1987; peremptory amendment at 12 Ill. Reg. 1630, effective December 23, 1987; amended at 14 Ill. Reg. 10310, effective July 1, 1990; amended at 18 Ill. Reg. 8609, effective May 20, 1994; expedited correction at 18 Ill. Reg. 15646, effective May 20, 1994; amended at 22 Ill. Reg. 16200, effective August 31, 1998; amended at 28 Ill. Reg. 13220, effective October 1, 2004; amended at 34 Ill. Reg. 18470, effective January 1, 2011.

SUBPART A: MISCELLANEOUS PROVISIONS

 

Section 1710.10  Definitions

 

The following terms, when used in this Part, shall have the meanings ascribed to them in this Section.

 

"Addendum". A supplement to an existing lease.

 

"Air Mile". A distance of 5,280 feet as depicted on the Official Illinois Highway Map, by reference to the distance scale shown on that map, without regard to roads, streets or routes.

 

"Commission". The Illinois Commerce Commission.

 

"Equipment".  Any truck designed or altered and equipped for and used to push, tow or draw vehicles by means of a crane, hoist, tow bar, towline or auxiliary axle, and rollback carriers when used to transport vehicles.

 

"Heavy Duty Relocation".  The relocation of a vehicle that, if towed, would require use of heavy duty tow equipment for safe removal and transportation, in compliance with applicable law, and without undue risk of damage to the vehicle being relocated or the property from which the vehicle is relocated.

 

"Heavy Duty Tow Equipment".  A tow truck or truck tractor designed to safely transport vehicles weighing more than 26,000 pounds.

 

"Law". The Illinois Commercial Relocation of Trespassing Vehicles Law [625 ILCS 5/Ch. 18a].

 

"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.

 

"Medium Duty Relocation".  The relocation of a vehicle that, if towed, would require use of medium duty tow equipment for safe removal and transportation, in compliance with applicable law and without undue risk of damage to the vehicle being relocated or the property from which the vehicle is relocated.

 

"Medium Duty Tow Equipment".  A tow truck or truck tractor designed to safely transport vehicles weighing more than 8,000 pounds but not more than 26,000 pounds.

 

"Operated under Authority of a Relocator's License".  A vehicle is being operated under authority of a relocator's license while:

 

on patrol;

 

from the time the vehicle is dispatched to perform a call tow until it arrives on the property from which a trespassing vehicle is to be relocated;

 

while towing a trespassing vehicle from the property where it was trespassing to the relocator's storage lot;

 

while at the relocator's storage lot until the vehicle is dropped; and

 

while transporting a driver to the property where a vehicle is trespassing, awaiting removal of the vehicle from such property by driving, and accompanying the trespassing vehicle as it is driven back to the relocator's storage lot.

 

"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.

 

"Public Property".  Property that is publicly funded through tax revenues and that is accessible to the public.

 

"Relocated", "Relocating", and "Relocation". Refer to the towing of trespassing vehicle from private property.  A tow from public property is not a relocation tow.  A tow from private property pursuant to explicit authorization from the vehicle owner or owner's agent is not a relocation tow.

 

"Spotter". Any person who, as an employee or agent of a commercial vehicle relocator, observes vehicles and drivers entering a parking lot to identify trespassing vehicles and then contacts the relocator or an operator to remove the trespassing vehicle. 

 

"Truck Tractor". Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. [625 ILCS 5/1-2 12]

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART B: APPLICATIONS FOR RELOCATOR'S, OPERATOR'S, AND DISPATCHER'S LICENSES

 

Section 1710.20  Application Forms

 

Applications for relocator's, operator's or dispatcher's licenses shall be made by completing and filing copies of the Commission's Relocator's License Application, Operator's License Application, and Dispatcher's License Application forms.

 

Section 1710.21  Notice of Application

 

Notice of relocator's license applications shall be published in accordance with 92 Ill. Adm. Code 1202 and also published in a secular newspaper of general circulation and published in the county where the applicant proposes to maintain its principal office and principal place of business in Illinois [625 ILCS 5/18a-400(c)].

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.22  Policy on Applications

 

a)         Relocator's Licenses.

 

1)         The Commission shall consider, with regard to applications for new or renewed relocator's licenses, the criminal conviction records (see Section 1710.22(b)(1)) of the applicant, its owners or controllers, directors, officers, members, managers, employees and agents; the safety record of those persons; the compliance record of those persons; the equipment, facilities and storage lots of the applicant; and other facts that may bear on their fitness to hold the license.

 

2)         The Fitness Test.

 

A)        No person shall be deemed fit to hold a relocator's license unless the person:

 

i)          Owns, or has exclusive possession of under a written lease with a term of at least 1 year, at least one storage lot that meets the requirements of Subpart M;

 

ii)         Employs sufficient full-time employees at each storage lot to comply with Section 1710.123;

 

iii)        Owns or has under exclusive lease at least 2 tow trucks dedicated to use under the relocator's license;

 

iv)        Employs at least 2 individuals who will work as the relocator's operators; and

 

v)         Is in compliance with Section 4 of the Illinois Workers' Compensation Act [820 ILCS 305/4].

 

B)        If the person is an applicant for a new relocator's license or the extension of a relocator's license, the requirements of subsection (a)(2)(A) must be met at the time of the hearing.

 

C)        If the person is an applicant for renewal of a relocator's license, the requirements of subsection (a)(2)(A) must have been met throughout the previous year.

 

D)        Each applicant for a relocator's license shall have the burden of proving its fitness by clear and convincing evidence.

 

b)         Operator's and Dispatcher's Employment Permits.

 

1)         The Commission shall consider, with regard to applications for new or renewed operator's and dispatcher's employment permits, any record of the applicant of convictions involving injury or death to persons, use of a deadly weapon, injury to property, or unlawful taking of property; crimes relevant to the determination of the credibility of a witness; or of violation of the Law or this Part.

 

2)         No provisional employment permits shall be issued to persons who have been convicted of crimes specified in subsection (b)(1) within the 5 year period preceding filing of the application, or to persons who are defendants in pending criminal proceedings involving those crimes.  The Commission may deny a provisional employment permit to any person with a record of violations of the Law or this Part.  In determining whether to deny a provisional employment permit on the basis of violations of the Law or this Part, the Commission will consider such factors as the type of violation, when the violation occurred, and the age of the applicant at the time of the violation.  The Commission may also deny a provisional employment permit on the basis of the applicant's criminal or driving record, in the case of an application for a provisional operator's employment permit, or on the basis of the applicant's criminal record, in the case of an application for a provisional dispatcher's employment permit. In determining whether to deny a provisional employment permit on the basis of a criminal or driving record, the Commission will consider such factors as the type of crime, when the crime occurred, and the age of the applicant at the time of the incident.

 

3)         When the applicant has a record of convictions for crimes specified in subsection (b)(1), or the applicant was convicted for those crimes, or the applicant was convicted more than 5 years prior to filing the application, or the applicant has a record of violations of the Law or this Part, the application for a permanent employment permit shall be set for hearing.

 

4)         Applications for operator's employment permits shall be accompanied by written proof from the Secretary of State that the applicant has a valid driver's license.

 

5)         No person under the age of 18 years shall be issued an operator's employment permit.

 

6)         A spotter must obtain a dispatcher's or operator's employment permit prior to performing spotting services for a relocator.

 

c)         In making the finding that an applicant previously convicted constitutes no threat to public safety (see 625 ILCS 5/18a-404(c)), the Commission will consider such factors as the findings of the convicting court, the sentence imposed, the age of the applicant at the time of conviction, the age at the time of application, the nature of the arrest, and the length of time since the arrest that resulted in the conviction.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART C: RELOCATOR'S, OPERATOR'S AND DISPATCHER'S LICENSES

 

Section 1710.30  Licenses Conditioned Upon Compliance

 

Each license issued to a relocator, operator, or dispatcher is conditioned upon compliance with the provisions of the Law and this Part.  Operations in violation of the Law or this Part are unauthorized and render the license subject to suspension or revocation.

 

Section 1710.31  Licenses to be Carried by Holder

 

a)         Each vehicle operator under authority of a relocator's license must carry a copy of the license in its cab.  The copy shall be presented to any investigator or enforcement officer of the Commission on request.

b)         Each operator and dispatcher must carry the operator's or dispatcher's license issued to him at all times while on duty.  The license shall be presented to any investigator or enforcement officer of the Commission on request.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.32  Alteration of Licenses

 

No relocator, operator, or dispatcher shall alter, mark, or in any manner change the appearance of a license issued by the Commission.  Any alteration, marking, or change in the appearance of a license shall render the license invalid.

 

Section 1710.33  Relocator's Endorsement of Operator's and Dispatcher's Employment Permits

 

a)         Operators and dispatchers are authorized to operate only under authority of a relocator's license.  As evidence that operations are under authority of a relocator's license, an owner or officer of the relocator must endorse the employment permit by completing a form showing:

 

1)         The name and employment permit number of the operator or dispatcher as they appear on the operator's or dispatcher's employment permit;

 

2)         The name and employment permit number of the relocator, as they appear on the relocator's license; and

 

3)         A statement that "the referenced employment permit is endorsed by the referenced relocator", followed by the signature of the owner or officer and a statement of the capacity of the signatory.

 

b)         Endorsements of an operator's or dispatcher's employment permit, once made by a relocator, shall become effective only when a copy is filed with the Commission.  The endorsement shall remain in effect until written notice of cancellation is filed with the Commission.

 

c)         Operation under an operator's or dispatcher's employment permit that does not have a valid, current endorsement by a licensed relocator is not authorized by the relocator's license and shall constitute relocating without a license in violation of Section 18a-300(1) of the Law [625 ILCS 5/18a-300(1)].

 

d)         Employment or use of any operator who does not have a valid, current endorsement by the relocator shall constitute the employment or use of an unlicensed operator in violation of Section 18a-300(2) of the Law [625 ILCS 5/18a-300(2)].

 

e)         Employment or use of any dispatcher who does not have a valid, current endorsement by the relocator shall constitute the employment or use of an unlicensed dispatcher in violation of Section 18a-300(3) of the Law [625 ILCS 5/18a-300(3)].

 

f)         A valid, current endorsement shall be affixed to and carried in the vehicle with the operator's employment permit at all times when the vehicle is being operated under authority of the relocator's license.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.34  Status of License Upon Death of Business Owner

 

a)         The death of a sole proprietor immediately terminates the relocator's license issued to the sole proprietorship.

 

b)         The death, dissolution or termination of one partner immediately terminates the relocator's license issued to the partnership.

 

c)         The death, dissolution or termination of a sole shareholder immediately terminates the relocator's license issued to the corporation except when:

 

1)         The deceased shareholder's heirs at law, legatees under a valid will, or a successor entity acquire all of the deceased shareholder's shares of stock of the corporation; and

 

2)         The corporation, within 30 days after the sole shareholder's death, dissolution or termination, applies for a new relocator's license identifying the new shareholder or shareholders identified in subsection (c)(1).

 

d)         A corporation with an application filed pursuant to subsection (c) may not operate under its original relocator's license for a period greater than 365 days after the date of the sole shareholder's death, dissolution or termination, unless the application has been fully prosecuted and the record marked "heard and taken" in accordance with the Commission's Rules of Practice (83 Ill. Adm. Code 200.870 and 200.875) or when granted permission by the administrative law judge presiding over the licensing proceeding.

 

e)         When a corporation holding a relocator's license has multiple shareholders, the death, dissolution or termination of a shareholder immediately terminates the relocator's license issued to the corporation except when:

 

1)         The remaining shareholder or shareholders acquire all of the deceased shareholder's interests in the corporation; and

 

2)         The corporation, within 30 days after the death, dissolution or termination of the shareholder, notifies the Commission in writing of the death, dissolution or termination of the shareholder and the manner in which the heirs, legatees or successor will acquire the share of the corporation.

 

f)         If the Commission does not receive the appropriate filings under subsections (c) and (e) within the 30 day limit, the Commission shall immediately terminate the relocator's license and the corporation shall cease its relocation towing operations.

 

g)         The death of a member of a limited liability company shall be treated in the same manner as the death of a shareholder of a corporation.

 

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.35  Status of License Upon Application for Renewal

 

a)         Applications for renewal of a relocator's license shall be filed with the Commission no earlier than 90 days and no later than 45 days prior to the license expiration date.

 

b)         Relocators that file an application for renewal within the time frame set forth in subsection (a) may continue their relocation towing operations until the Commission enters a final order regarding the renewal application.

 

c)         Relocators that fail to file an application for renewal within the time frame set forth in subsection (a) must cease relocation towing operations on the license expiration date and may not conduct relocation towing operations until the Commission enters a final order regarding the renewal application or the relocator demonstrates to the Commission good cause for why it should be permitted to continue operating while the late-filed application is pending.

 

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.36  Retention of Relocator License and Permit Numbers and Contracts

 

Upon the issuance of a new relocator's license to a corporation or limited liability company that already holds a relocator's license, but that has applied for a new relocator's license due to the death, dissolution or termination of a shareholder or member:

 

a)         The corporation or limited liability company may, upon request, retain its relocator's license (RTV) number;

 

b)         Operator's and dispatcher's employment permits endorsed by the corporation or limited liability company under the existing relocator's license shall remain valid under the new relocator's license; and

 

c)         Contracts executed by the corporation or limited liability company under the existing relocator's license shall be deemed to be contracts under the new relocator's license, and contract summary forms filed under the existing relocator's license shall be deemed to be filings under the new relocator's license.

 

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART D: PROHIBITED ACTIVITIES

 

Section 1710.40  Relocating Vehicles From Authorized Spaces

 

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.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.41  Relocating Vehicles From Private Property Without Authorization From Property Owner

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.42  Relocation of Vehicles Not in Accordance with Proper Posting

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.43  Relocating Vehicles Where Owner or Driver is Present

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.44  Unsafe Operation of Vehicles Prohibited

 

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.

 

b)         No one other than the holder of a valid operator's employment permit endorsed by the relocator shall ride in the cab of a vehicle being operated under authority of a relocator's license.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.45  Transacting Business at Unauthorized Locations

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.46  Operations at Locations Where the Relocator Is Not Authorized to Operate

 

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.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.47  Certain Types of Compensation to Relocators Prohibited

 

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.

 

b)         Storage fees prescribed by the Commission need not be posted on signs at locations from which vehicles are towed, but must be posted at locations at which vehicles may be reclaimed.

 

c)         The amount of any increase in the price charged by the Commission for a Relocation Tow Record Form or Relocation Tow Record Number that the relocator is permitted by Section 1710.170(e) to add to the otherwise applicable rate need not be posted on signs at locations from which vehicles are towed, but must be posted at locations at which vehicles may be reclaimed.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.48  Compensation to Property Owners and Others

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

SUBPART E: POSTING OF SIGNS

 

Section 1710.50  Posting Requirements

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.51  Sign Specifications

 

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.

c)         Such signs must be free of any natural or man-made interference and visible from each entrance and exit, both during the day and night, and, where there are no entrances or exits designated by curb cut or otherwise, such signs must be located within 100 feet of any space from which vehicles may be relocated.

d)         No more than one location to which the vehicle may be relocated and at which the vehicle can be reclaimed shall be identified on any sign or posted at any lot from which vehicles may be relocated.

e)         All posting is subject to Commission inspection and approval.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.52  Removal of Signs

 

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.

 

b)         Only the following persons are permitted to remove relocation towing signage:

 

1)         The relocator whose name appears on the signage;

 

2)         The property owner, lessee or agent; or

 

3)         Another relocator if:

 

A)        The relocation contract pursuant to which the signage was posted has been terminated and the 10 day period in subsection (a) has expired; and

 

B)        The relocator is requested, in writing, by the property owner, lessee or agent to remove the signage, and the relocator retains that request as part of its business records.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART F: VEHICLE IDENTIFICATION

 

Section 1710.60  Vehicle Identification Requirement

 

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.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART G: INSURANCE REQUIREMENTS

 

Section 1710.70  Licenses Conditioned Upon Compliance With Insurance Requirements

 

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.

 

Section 1710.71  Proof of Insurance or Bond Coverage

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.72  Relocator's Liability

 

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.

SUBPART H: REQUIRED NOTIFICATIONS

 

Section 1710.80  Notification of Law Enforcement Agencies

 

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).

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.81  Notification of the Commission

 

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.

d)         The relocator must notify the Commission immediately in writing of the employment, termination or leave of absence of any operator or dispatcher.  The actions of an operator or dispatcher within the scope of his employment will be imputed to the relocator until the receipt stamp or postmark date of the notice of termination or leave of absence.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

SUBPART I: BOOKS AND RECORDS

 

Section 1710.90  Records of Individual Relocation Tows (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 10310, effective July 1, 1990)

 

Section 1710.91  Written Authorizations to Relocate/Contracts

 

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.

 

c)         Each contract shall also provide that:

 

1)         Signs posted on the property in compliance with this Part are the property of the relocator;

 

2)         The relocator has the right to enter the property for purposes of posting and removing signs;

 

3)         The contract shall not be terminated except on 10 days notice; and

 

4)         The contract is the exclusive statement of terms between the parties.

 

d)         The provisions required under subsection (c) shall be implied if not expressly stated in the contract.

 

e)         The provisions of subsections (c)(1) and (c)(2) shall remain in effect until all signs have been removed by the relocator, notwithstanding the termination of the contract for other purposes.

 

f)         Contract Summary.

 

1)         No authorization to tow or contract shall be effective until a completed copy of the Commission's Relocator Contract Summary form covering the authorization or contract has been electronically filed with and accepted by the Commission.

 

2)         Only one authorization to tow or contract shall be in effect for any lot at any time.  No other authorization or contract shall become effective until the prior authorization has been cancelled and notice of cancellation is filed with the Commission.

 

3)         Relocator Contract Summaries shall be filed electronically with the Commission. Summaries shall state whether trespassing vehicles will be removed from the property on a patrol basis or only when contacted by the property owner, lessee or agent. When a contract permits removal of trespassing vehicles by both a property owner's request and a patrol basis, the relocator shall file that contract as a patrol contract.  When one authorization to tow applies to multiple parking lot locations, each address shall be filed electronically with the Commission.

 

4)         Notices of cancellation shall be filed with the Commission, by first class U.S. mail or hand delivery, at the following address:

 

Illinois Commerce Commission Police

9511 West Harrison Street 

Des Plaines, Illinois 60016  

 

g)         Relocators shall, at least once prior to December 31, 2013 and once during each 3 year period thereafter, attempt to contact the property owners, lessees and agents under contract with the relocator to update their contract files, and shall update information on file with the Commission if updated information is obtained through this process.  Relocators shall document their efforts to contact property owners, lessees and agents.

 

           

h)         Written authorization to relocate vehicles shall continue in effect, notwithstanding a change in ownership or management of the property, until the contract is cancelled by filing a Notice of Cancellation in accordance with Section 1710.91(f)(4).  Any authorization to tow or contract entered into with a property owner, lessee or agent after November 1, 2010 shall contain a printed statement that:

 

"This authorization to relocate vehicles shall continue in effect notwithstanding a change in ownership or management of the property until the contract is cancelled by filing a Notice of Cancellation in accordance with Section 1710.91(f)(4)."

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.92  Accounting and Maintenance of Books and Records

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.93  Audit and Inspection of Books and Records

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.94  Call Logs

 

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).

 

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART J: ANNUAL REPORTS

 

Section 1710.100  Filing Requirements

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

SUBPART K: INFORMATION PROVIDED TO THE PUBLIC BY RELOCATORS

 

Section 1710.110  Public Information Pamphlets

 

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.

 

Section 1710.111  Informal Complaint Form

 

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.

SUBPART L: RECLAIMING RELOCATED VEHICLES

 

Section 1710.120  Conditions Under Which Vehicles Are To Be Released

 

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.

b)         A relocator operating without a valid license issued by the Commission or in violation of the Law or this Part shall immediately relinquish possession of a relocated vehicle to a properly identified person on demand without demanding payment or imposing other conditions for release of the vehicle.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.121  Identification of Vehicle Owner or Driver

 

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.

 

Section 1710.122  Payment of Fees and Charges

 

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.

 

b)         No storage charge shall be assessed for storage of the vehicle after the vehicle is claimed, proper identification is produced, and payment is tendered in the amount and form authorized by this Section.

 

c)         No storage charges shall be assessed for storage of the vehicle on days or hours the relocator is closed to the public.

 

d)         No storage charges greater than 8 days storage at the applicable daily rate shall be assessed for storage of the vehicle if the vehicle had been reported as stolen prior to its relocation.

 

e)         No relocator shall assess, demand, accept or receive any charge other than the lesser of:

 

1)         The rate set by the Commission pursuant to Section 18a-200(6) of the Law [625 ILCS 5/18a-200(6)]; or

 

2)         The rate posted on the relocator's sign as required by Section 1710.51(b).

 

f)         A relocator shall not assess, demand, accept, or receive any charge unless the relocator has complied with Sections 1710.50 and 1710.51.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.123  Hours During Which Vehicles May Be Reclaimed

 

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.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART M: STORAGE LOTS

 

Section 1710.130  Ownership and Identification of Storage Lots

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.131  Security of Storage Lots

 

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 ˝ 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".

 

c)         Only the following individuals may have access to relocated vehicle while they are being stored by the relocator:

 

1)         Persons employed by the relocator and agents of the relocator;

 

2)         Vehicle owners or operators and agents of vehicle owners or operators, while either:

 

A)        accompanied by an employee or agent of the relocator; or

 

B)        under electronic surveillance by an employee or agent of the relocator; and

 

3)         Other persons lawfully entitled to access to a relocated vehicle or to the storage lot.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.132  Attendance at Storage Lots

 

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.

 

Section 1710.133  Maintenance of Records at Storage Lots

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.134  Secondary Storage Lots

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

SUBPART N: ENFORCEMENT

 

Section 1710.140  Imposition of Sanctions

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.141  Informal Settlement in Lieu of Formal Proceeding

 

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.

 

(Source:  Added at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.142  Initiation of Operating Practices Proceeding

 

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.

 

(Source:  Added at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.143  Failure to Appear at Hearing

 

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.

 

(Source:  Added at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.144  Service of Order

 

Service of orders shall be made by certified mail, return receipt requested.

 

(Source:  Added at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.145  Standards for the Assessment of Civil Penalties

 

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;

2)         the lack of good faith or intent including:

A)        the past compliance history of the respondent; and

B)        whether a violation is the result of willful conduct or comes about through mistake, inadvertence, or negligence;

3)         the financial ability of the respondent to pay the penalties assessed;

4)         the degree to which the violative conduct was harmful to the public; and

5)         the financial benefit accruing to the respondent as a result of its illegal activities.

b)         If it is determined that a civil penalty shall be assessed, the amount of the civil penalty shall be determined in accordance with the following procedure:

1)         A numerical value of from 0 to 5 shall be assigned to each of the factors specified in subsections (a)(1), (2), (3), (4), and (5) above;

2)         The values assigned will be summed.  The sum will be divided by the maximum possible weighted value per violation (25) and then multiplied by the maximum possible penalty per violation ($500).  The result will be the civil penalty which the Commission will seek to assess against the respondent.

c)         The Commission's consideration shall be limited to only those violations for which evidence exists. It shall be the burden of the respondent to establish a compelling reason why the civil penalty should be mitigated.

 

(Source:  Added at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.146  Payment of Civil Penalties

 

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.

 

(Source:  Added at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.147  Refunding Fees to Vehicle Owners

 

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.

 

c)         In addition to any refund under subsection (b), a relocator may be ordered by the Commission to refund any portion of storage fees to the payor when the Commission has determined that failure of the relocator to notify law enforcement within 1 hour, as required by Section 1710.80, resulted in accrual of additional storage fees.

 

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART O: LEASING

 

Section 1710.150  Leasing Requirements

 

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.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.151  Supervision and Control of Leased Equipment with Drivers

 

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.

 

(Source:  Amended at 22 Ill. Reg. 16200, effective August 31, 1998)

 

Section 1710.152  Relocation Tow Equipment

 

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.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

SUBPART P: FEES

 

Section 1710.160  Fees

 

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

 

(Source:  Amended at 28 Ill. Reg. 13220, effective October 1, 2004)

SUBPART Q: RECORDS OF INDIVIDUAL RELOCATION TOWS

 

Section 1710.170  Relocation Tow Record Form

 

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.

 

(Source:  Amended at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.171  Use and Retention of Relocation Tow Record Forms

 

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.

 

(Source:  Added at 14 Ill. Reg. 10310, effective July 1, 1990)

 

Section 1710.172  Public Notice

 

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.

 

(Source:  Added at 14 Ill. Reg. 10310, effective July 1, 1990)

SUBPART R: DISPOSITION OF UNCLAIMED VEHICLES

 

Section 1710.180  Disposition of Unclaimed Vehicles

 

Unclaimed vehicles shall be disposed of in accordance with 625 ILCS 5/4-208 and 625 ILCS 5/4-209.

 

(Source:  Added at 22 Ill. Reg. 16200, effective August 31, 1998)

SUBPART S: MEDIUM DUTY AND HEAVY DUTY TOWING

 

Section 1710.190  Establishing Vehicle Weights

 

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.

 

2)         Stretch limousines are medium duty relocations.

 

3)         Truck-tractors are:

 

            A)        Medium duty relocations; or

 

B)        Heavy duty relocations, if the truck tractor is equipped with a double rear axle and the relocator utilizes heavy duty tow equipment to relocate the vehicle.

 

4)         Truck-trailers, scrap containers, bottle trailers and other trailers are:

 

A)        Medium duty relocations, if:

 

i)          the registered weight and the manufacturer's gross vehicle weight rating are 26,000 pounds or less but more than 8,000 pounds; or

 

ii)         the trailer or container, regardless of registered weight or gross vehicle weight rating, is driven away by a relocator in combination with the vehicle pulling the trailer or container;

 

B)        Heavy duty relocations, if:

 

i)          either the registered weight or the manufacturer's gross vehicle weight rating is in excess of 26,000 pounds; or

 

ii)         the trailer or container, regardless of registered weight or gross vehicle weight rating, is separated from the vehicle pulling it and the relocator utilizes appropriate tow equipment to relocate the trailer or container.

 

                        5)         Trucks, straight trucks and other vehicles are:

 

A)        Light duty relocations, if the registered weight and the manufacturer's gross vehicle weight rating are 8,000 pounds or less;

 

B)        Medium duty relocations, if:

 

i)          the registered weight and the manufacturer's gross vehicle weight rating are 26,000 pounds or less but more than 8,000 pounds; and

 

ii)         the vehicle cannot be safely relocated with the use of light duty tow equipment;

 

C)        Heavy duty relocations, if:

 

i)          either the registered weight or the manufacturer's gross vehicle weight rating is in excess of 26,000 pounds; and

 

ii)         the vehicle cannot be safely relocated with the use of medium duty tow equipment.

 

6)         When it is uncertain whether a vehicle should be considered light duty or medium duty because its gross vehicle weight rating exceeds its registered weight, the relocator shall charge a rate appropriate to the type of equipment actually utilized to relocate the vehicle.

 

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.191  Relocating Multi-Unit Vehicles

 

a)         When practicable, relocators shall separate truck tractors from their trailers, on the property from which the multi-unit vehicle is relocated, and shall then relocate the units separately.  Relocators shall not be required to separate trucks from their trailers when:

 

1)         Doing so would be impracticable because of spacial limitations on the property from which the vehicle is to be relocated;

 

2)         Separating the truck from its trailer may cause an increased risk of damage to the truck tractor, the trailer, the lot from which the vehicle is to be relocated, or the general public; or

 

3)         The multi-unit vehicle will be driven away from the property from which it is to be relocated.

 

b)         Multi-unit vehicles that are relocated in combination by one piece of tow equipment or by being driven away constitute one tow.  Relocators shall only charge one tow fee, based upon the gross combined weight rating, to multi-unit vehicles relocated in combination.  Relocation Tow Record Forms shall be prepared for each unit.

 

c)         When a multi-unit vehicle is separated for relocation purposes into separate units, relocators shall charge separate towing fees based upon the registered weight or gross vehicle weight rating of the individual units as set forth in Section 1710.190.  Relocation Tow Record Forms shall be prepared for each unit.

 

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)

 

Section 1710.192  Medium Duty or Heavy Duty Towing Equipment Necessary

 

            a)         Relocators shall conduct medium duty or heavy duty relocation only if:

 

1)         The relocator owns or holds, under a lease filed with the Commission prior to the relocation, medium duty tow equipment for the performance of a medium duty relocation, or heavy duty tow equipment for the performance of a heavy duty relocation;

 

2)         The relocator employs an operator licensed by the Illinois Secretary of State to operate the medium duty or heavy duty tow equipment, or to drive the vehicle to be relocated and that operator possess an operator's permit from the Illinois Commerce Commission to conduct the relocation; and

 

3)         The relocator's insurance coverage extends to drive-away relocation of medium duty and heavy duty vehicles, as evidenced by documentation that:

 

i)          is issued on the letterhead of the insurance agency or carrier;

 

ii)         is signed by an authorized agent of the insurance agency or carrier;

 

iii)        includes the insurance policy number and its effective dates; and

 

iv)        is maintained at the relocator's principal place of business and carried in the cab of the vehicle dispatched to the property from which a vehicle is to be relocated.

 

b)         Relocators shall utilize medium duty and heavy duty tow equipment whenever possible.  A medium duty or heavy duty vehicle may only be driven away from the property where it is trespassing when towing would be unsafe or when the trespassing vehicle cannot be removed by towing.  When a medium duty or heavy duty vehicle is driven away, the relocator must document with specificity the circumstances that rendered towing unsafe or impossible on the Relocation Tow Record Form.

 

(Source:  Added at 34 Ill. Reg. 18470, effective January 1, 2011)