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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/18c-5303
(625 ILCS 5/18c-5303) (from Ch. 95 1/2, par. 18c-5303)
Sec. 18c-5303.
The Fitness Test.
(1) Prima Facie Evidence of Applicant Fitness in Licensing Cases.
Applicants for non-relocation towing licenses may establish a prima facie
showing of fitness by the following evidence:
(a) A summary statement of net worth;
(b) A listing of applicant's drivers and any persons who assist or supervise drivers;
(c) A description of equipment to be used in providing service under the license;
(d) A statement that the applicant has not:
(i) Been convicted, during the 2 years immediately preceding the filing
of the application, of a felony involving theft of property, violence to
persons, or criminal damage to property; or
(ii) Been convicted, during the year immediately preceding the filing of
the application, of safety violations on 3 or more occasions in which its
vehicle or vehicles were taken out of service, or which otherwise show the
applicant to be unfit;
(e) A statement that the applicant does not and will not employ or lease
any driver, or any person who will assist or supervise drivers, who has
been convicted, during the applicable time frames, of the foregoing violations;
(f) A statement that the applicant does not and will not employ or lease
any driver who does not hold a valid classified driver's license to operate a tow truck;
(g) A statement that the applicant is familiar with and will comply with
the provisions of this Chapter, Commission regulations and orders; and
(h) Proof of insurance in compliance with Commission regulations and orders.
(2) Prima Facie Evidence of Licensee Fitness in Enforcement Cases. The
respondent in a proceeding to consider whether to suspend or revoke a
license authorizing non-relocation towing or to impose other sanctions on
grounds of unfitness may establish a prima facie showing of fitness in the
manner provided in subsection (1) of this Section.
(3) Rebuttal of Prima Facie Showing of Fitness. A prima facie showing
of applicant or licensee fitness may be rebutted by other evidence of
record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
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625 ILCS 5/18c-5304
(625 ILCS 5/18c-5304) (from Ch. 95 1/2, par. 18c-5304)
Sec. 18c-5304.
The Public Need/Public Convenience and Necessity Test.
Applicants for non-relocation towing licenses may establish, and other
parties may rebut, a prima facie showing of public need/public convenience and
necessity by the following evidence:
(1) Existing Towing Companies.
(a) Evidentiary Standard.
Any person engaged in non-relocation towing between July 1, 1985 and
January 1, 1986 may establish a prima facie showing of public convenience
and necessity to the extent of such operations by submitting a statement:
(i) Affirming that the person was engaged in non-relocation during the
foregoing time period; and
(ii) Describing its operations during such period.
(b) Extent of Existing Operations. The extent of the applicant's operations shall
be presumed to encompass non-relocation towing within the following
territory, unless otherwise shown on the record:
(i) Movements within a 50 mile radius of the applicant's principal place
of business in Illinois; and
(ii) Movements from points within the foregoing radius to points in
Illinois, and vice versa.
(c) Deadline for Filing Applications. Applications under this
subsection must be filed within 9 months after the effective date of this
amendatory Act of 1986, or by July 1, 1987, whichever is later.
(2) New Towing Companies and Extension of Existing Company Operations.
Applications for non-relocation towing licenses need not be supported by
shippers intending to use the carrier's service if other evidence of public
need/public convenience and necessity is offered by carrier witnesses,
non-carrier witnesses from other than
shippers intending to use the carrier's service, or others.
(3) Rebuttal of Prima Facie Showing of Public Need/Public Convenience and Necessity.
A prima facie showing of public need/public convenience and necessity may be rebutted
by other evidence of record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
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625 ILCS 5/18c-5305
(625 ILCS 5/18c-5305) (from Ch. 95 1/2, par. 18c-5305)
Sec. 18c-5305.
Hearings in Non-Relocation Towing Authority Cases.
(1) Hearings on Fitness Required. Hearings on applications for
non-relocation towing licenses shall be governed by the provisions of
Section 18c-2101 of this Code, with regard to the issue of fitness; and by
the provisions of subsection (2) of Section 18c-2102 of this Code, with
regard to the issue of public need/public convenience and necessity. Hearings
in other
non-relocation towing cases shall be governed by the provisions of Section
18c-2102 of this Code.
(2) Setting and Conduct of Licensing Hearings.
(a) Regional Hearings. Hearings on applications for non-relocation
towing licenses shall be consolidated and conducted regionally for the
convenience of the parties. Where practicable:
(i) Hearings shall be conducted at a location not more than 50 miles
from the principal place of the applicant's business;
(ii) The Commission shall schedule joint hearings at each regional location.
(b) Scheduling of Hearings. Hearings on applications for non-relocation
towing licenses shall be scheduled and concluded so as to minimize
inconvenience to the parties. Where practicable, hearings on an
application shall be concluded in a single day, unless:
(i) Continuance is required for the applicant to produce evidence of its fitness; or
(ii) A petition for leave to intervene in opposition is properly filed and granted.
(Source: P.A. 84-1311.)
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625 ILCS 5/18c-5306
(625 ILCS 5/18c-5306) (from Ch. 95 1/2, par. 18c-5306)
Sec. 18c-5306.
Denial, Suspension, or Revocation of Licenses.
If, at
any time during or after adjudication of a non-relocation towing license
application, there exists an issue with regard to the fitness of the
applicant, the Commission may suspend any temporary license granted to the
applicant. If the
applicant is not shown to be fit, the Commission shall revoke the temporary
license and deny the application for a permanent license. If, at any time
subsequent to the grant of a permanent license, the holder is determined to
be unfit, the Commission shall suspend or revoke the license. Suspension
or revocation shall be after notice and hearing, absent waiver of same by
respondent, as provided for other than motor carrier of property authority
cases under Section 18c-2102 of this Code.
(Source: P.A. 84-1311.)
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625 ILCS 5/18c-5307
(625 ILCS 5/18c-5307) (from Ch. 95 1/2, par. 18c-5307)
Sec. 18c-5307.
False Statements by Applicant.
Any false statement of
a material fact by an applicant shall be grounds for denial or revocation of a license.
(Source: P.A. 84-1311.)
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625 ILCS 5/18c-5308
(625 ILCS 5/18c-5308) (from Ch. 95 1/2, par. 18c-5308)
Sec. 18c-5308.
Intervention in Opposition to Non-Relocation Towing
applications.
(1) Filing Fee for Petitions for Leave to Intervene in Opposition. The
Commission shall prescribe a filing fee of not less than $100 for each
petition for leave to intervene in opposition in a non-relocation towing
authority case.
(2) Standing to Participate and Intervene. Any person with evidence
relating to the fitness of an applicant for a non-relocation towing license
may be permitted, at the discretion of the examiner, to present such
evidence at hearing. The provisions of paragraph (a) of subsection (2) of
Section 18c-2106 of this Code shall not apply to persons filing petitions
for leave to intervene in opposition to non-relocation towing license
applications, unless the issue of public need/public convenience and necessity
is
controverted by such persons at hearing.
(Source: P.A. 84-1311.)
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625 ILCS 5/18c-5309
(625 ILCS 5/18c-5309) (from Ch. 95 1/2, par. 18c-5309)
Sec. 18c-5309.
Ratemaking.
Unless otherwise specified in the tariff,
rates applicable to non-relocation towing shall be the maximum rates which
may be charged by carriers participating in the tariff for such service.
(Source: P.A. 84-1311.)
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625 ILCS 5/18c-5310
(625 ILCS 5/18c-5310) (from Ch. 95 1/2, par. 18c-5310)
Sec. 18c-5310.
Insurance.
(1) Implied Garagekeeper's Liability. The filing of a form E
certificate of insurance shall constitute a representation by the insurance
company that the underlying insurance policy includes, with regard to
non-relocation towing, liability for damage to vehicles in
the custody of the non-relocation towing company, whether in transit or
otherwise, in an amount not less than the amount of cargo insurance
required under Commission regulations and orders, unless otherwise
specified by the insurance company on the form E certificate of liability insurance.
(2) Filing Proof of Cargo Insurance. Except where the form E
certificate of liability insurance indicates, in accordance with subsection
(1) of this Section, that garagekeeper's liability
is not covered by the underlying policy of insurance, a non-relocation
towing company shall not
be required to file proof of cargo insurance for the transportation of vehicles.
(Source: P.A. 84-1311.)
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625 ILCS 5/Ch. 18C Sub-ch. 6
(625 ILCS 5/Ch. 18C Sub-ch. 6 heading)
SUB-CHAPTER 6.
MOTOR CARRIERS OF PASSENGERS
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625 ILCS 5/Ch 18C Sub 6 Art I
(625 ILCS 5/Ch 18C Sub 6 Art I heading)
ARTICLE I.
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PASSENGERS
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625 ILCS 5/18c-6101
(625 ILCS 5/18c-6101) (from Ch. 95 1/2, par. 18c-6101)
Sec. 18c-6101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-6102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
passengers operating within the State of Illinois.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-6102
(625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
Sec. 18c-6102.
Exemptions From Commission Jurisdiction.
The provisions of this Sub-chapter shall not, except as provided
in Section 18c-6501 of this Chapter, apply to:
(1) carriers owned by any political subdivision, school district,
institution of higher education, or municipality, and operated either by
such political subdivision, institution of higher education, or
municipality or its lessee or agent;
(2) commuter vans as defined in this Code;
(3) carriers transporting passengers without fixed routes or
schedules and charging on a time or distance basis, including
taxicabs, charter operations, and contract bus operations;
(4) carriers transporting passengers with fixed routes and schedules
and charging on a per passenger fixed charge basis and which do not include
an airport as a point to be served on the route, in whole or in part;
(5) transportation in vehicles with a manufacturer's rated
seating capacity of less than 8 persons, including the
driver;
(6) transportation subject to the Ridesharing Arrangements Act;
(7) commuter buses offering short-haul for-hire regularly scheduled
passenger transportation service within metropolitan and suburban areas,
over regular routes with fixed schedules, and utilized primarily by
passengers using reduced-fare, multiple-ride, or commutation tickets during
morning and evening peak periods in travelling to and from their places of
employment; and
(8) those persons owning and operating school buses, as defined in this
Code, and regulated by other provisions of this
Code.
(Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)
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625 ILCS 5/18c-6103
(625 ILCS 5/18c-6103) (from Ch. 95 1/2, par. 18c-6103)
Sec. 18c-6103.
Unlawful Operations.
Except as provided in Article I of this Sub-chapter, and subject
to the provisions stated herein, no person shall:
(1) Operate as a motor carrier of passengers unless the person
possesses a valid license authorizing such operations.
(2) Provide service at rates other than those contained in
lawfully applicable tariffs for such service;
(3) Otherwise operate as a motor carrier of passengers in
violation of any provision of this Chapter, Commission regulations
and orders, or any other law of this state; or
(4) Aid or abet any other person in a violation of this Chapter,
Commission regulations or orders, by soliciting or receiving,
or by compensating service from a person not authorized to
provide such service, or at other than lawful rates for such
service, or otherwise.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 6 Art II
(625 ILCS 5/Ch 18C Sub 6 Art II heading)
ARTICLE II.
LICENSING
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625 ILCS 5/18c-6201
(625 ILCS 5/18c-6201) (from Ch. 95 1/2, par. 18c-6201)
Sec. 18c-6201.
Requirements for issuance of licenses.
(1) General
requirements. Except as provided in subsection (2) of this Section, the
Commission shall grant an application for a motor carrier of
passengers license, in whole or in part, to the extent that
it finds that the application was properly filed, a need for
the proposed service exists, the applicant if fit, willing,
and able to provide the service in compliance with this Chapter,
Commission regulations and orders, absent a showing that
issuance of the license would be inconsistent with the public
interest. Otherwise, the application shall be denied. In
determining whether issuance of a motor carrier of passengers
license would be inconsistent with the public interest, the
Commission shall consider:
(a) the value of competition which would result from | | issuance to the travelling public;
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(b) the effect of issuance on motor carrier of
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(c) the effect of issuance on the ability of any
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(d) any other factor relevant to the public interest.
(2) Motor carriers of passengers providing service to or from
airports. The Commission shall grant an application for a motor carrier
of passengers license authorizing service along any route
where an airport is a point to be served on the route, in
whole or in part, to the extent that it finds that the
application was properly filed, a need for the proposed
service exists, the applicant is fit, willing, and able to
provide the service in compliance with this Chapter, Commission
regulations and orders, and the public convenience and
necessity requires issuance of the license. Otherwise, the
application shall be denied. The provisions of this
subsection shall be construed to impose the same entry
requirements as were previously applicable under Section 55
of "An Act concerning public utilities", approved June
29, 1921, as amended.
(Source: P.A. 85-553 .)
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625 ILCS 5/18c-6202
(625 ILCS 5/18c-6202) (from Ch. 95 1/2, par. 18c-6202)
Sec. 18c-6202.
Other Provisions Relating to Licensing and
Registration.
Provisions in Articles II, III, and IV of Sub-chapter 4 of this Chapter,
governing the suspension, revocation, and transfer of motor
carrier of property licenses, the registration of interstate
motor carriers of property shall likewise govern motor carriers of passengers as if
all references therein were to motor carriers of passengers.
(Source: P.A. 85-553.)
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625 ILCS 5/Ch 18C Sub 6 Art III
(625 ILCS 5/Ch 18C Sub 6 Art III heading)
ARTICLE III.
ADDITION, CHANGE, REDUCTION, OR
DISCONTINUANCE OF SCHEDULED MOTOR BUS SERVICE
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625 ILCS 5/18c-6301
(625 ILCS 5/18c-6301) (from Ch. 95 1/2, par. 18c-6301)
Sec. 18c-6301.
General Provisions.
No motor common carrier of passengers shall add to, change,
reduce, or discontinue service to any point along a route over
which the carrier is authorized to provide intrastate service,
except in accordance with the provisions of this Article.
(Source: P.A. 85-553.)
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625 ILCS 5/18c-6302
(625 ILCS 5/18c-6302) (from Ch. 95 1/2, par. 18c-6302)
Sec. 18c-6302.
Definitions.
The following terms, when used in this Article,
shall have the hereinafter designated meanings.
(1) "Addition" to service means the institution of new
scheduled service.
(2) "Change" in service means a change in the time or times of
scheduled service which does not constitute a reduction or
discontinuance of service.
(3) "Reduction" of service means any reduction in the level of
scheduled service which does not constitute discontinuance of
the carrier's service.
(4) "Discontinuance" of service means total discontinuance of
service to any point along a route over which the carrier is
authorized to provide service or reduction in the level of
service to any such point to less than one round trip per
weekday (Monday through Friday).
(Source: P.A. 90-655, eff. 7-30-98.)
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625 ILCS 5/18c-6303
(625 ILCS 5/18c-6303) (from Ch. 95 1/2, par. 18c-6303)
Sec. 18c-6303.
Schedule Changes and Reductions in Service.
Any motor common carrier of passengers may add to, change, or
reduce the level of its service to any point along a route over
which the carrier is authorized to provide service, provided that
the addition, change or reduction does not constitute
discontinuance of service to any point along a route over which the carrier
is authorized to serve, after the carrier has served notice in
accordance with Commission regulations adopted pursuant to this
Article, and without prior authorization.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-6304
(625 ILCS 5/18c-6304) (from Ch. 95 1/2, par. 18c-6304)
Sec. 18c-6304.
Discontinuances.
No motor common carrier of passengers shall discontinue service
to any point along a route over which the carrier is authorized
to provide service except in accordance with provisions of
Section 18c-6305 of this Chapter.
(Source: P.A. 84-796.)
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625 ILCS 5/18c-6305
(625 ILCS 5/18c-6305) (from Ch. 95 1/2, par. 18c-6305)
Sec. 18c-6305.
Prior Notice and Petition for Authorization.
(1) Annual and Amended Lists of Points Under Consideration for
Discontinuance.
By March of each calendar year, each motor carrier of
passengers shall submit to the Commission a list of routes and
points which it is authorized to serve which the carrier has
under consideration for discontinuance within the following
12 months. A carrier may amend its list on the
1st day of each subsequent month.
(2) Notice of Intent to Discontinue.
Not less than 30 days after a point appears on a
list of points under consideration for discontinuance, the
carrier may serve on the Commission the carrier's Notice of
Intent to discontinue service. Such notice shall be for the
purpose of alerting the Commission and allowing a period of
time during which alternatives to discontinuance, or
alternative service, may be explored.
(3) Petitions to Discontinue.
Not less than 60 nor more than 90 days after
the filing of a Notice of Intent to discontinue, the carrier
may formally propose discontinuance by filing in accordance
with such requirements as to form and content as the
Commission may prescribe. The Commission may investigate the
proposal, and may suspend the discontinuance pending the
outcome of the investigation for a period not to exceed
90 days from the date the proposal is filed. The
Commission shall determine, after considering the public need
for service, revenues (both those which have been received
and those which might be received, by subsidy or otherwise)
and variable costs associated with the service, and the
availability of reasonable alternative transportation service
whether the public convenience and necessity requires
continuation of the service proposed to be discontinued. If
the Commission determines that the public convenience and
necessity requires continuation, it shall so order;
otherwise, the proceeding shall be dismissed.
(4) Waiver or Notice.
Prior notice requirements under this Section may be waived
for good cause or where the carrier has made substantial
compliance with such prior notice requirements or compliance
is not necessary to effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 6 Art IV
(625 ILCS 5/Ch 18C Sub 6 Art IV heading)
ARTICLE IV.
RATEMAKING
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625 ILCS 5/18c-6401
(625 ILCS 5/18c-6401) (from Ch. 95 1/2, par. 18c-6401)
Sec. 18c-6401.
Ratemaking.
The Commission may exercise, with respect to rate regulation of
motor carriers of passengers, any and all power which it may
exercise with respect to rate regulation of motor carriers of
property. Motor carriers of passengers shall be in all respects
subject to provisions of this Chapter governing ratemaking for motor
carriers of property, except as provided in 49 U.S. Code
11501(e).
(Source: P.A. 84-796.)
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625 ILCS 5/Ch 18C Sub 6 Art V
(625 ILCS 5/Ch 18C Sub 6 Art V heading)
ARTICLE V.
SAFETY REQUIREMENTS FOR
MOTOR CARRIERS OF PASSENGERS
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