Bill Text: IL SB0959 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Toll Highway Act. Makes a technical change in a Section concerning powers of the Toll Highway Authority.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0595 [SB0959 Detail]
Download: Illinois-2011-SB0959-Enrolled.html
Bill Title: Amends the Toll Highway Act. Makes a technical change in a Section concerning powers of the Toll Highway Authority.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0595 [SB0959 Detail]
Download: Illinois-2011-SB0959-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-305, 6-305.3, 18c-4201, 18c-4203, and 18c-4204 as | ||||||
6 | follows:
| ||||||
7 | (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
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8 | Sec. 6-305. Renting motor vehicle to another.
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9 | (a) No person shall rent a motor vehicle to any other | ||||||
10 | person unless the
latter person, or a driver designated by a | ||||||
11 | nondriver with disabilities and
meeting any minimum age and | ||||||
12 | driver's record requirements that are uniformly
applied by the | ||||||
13 | person renting a motor vehicle, is then duly licensed
hereunder | ||||||
14 | or, in the case of a
nonresident, then duly licensed under the | ||||||
15 | laws of the State or country of
his residence unless the State | ||||||
16 | or country of his residence does not require
that a driver be | ||||||
17 | licensed.
| ||||||
18 | (b) No person shall rent a motor vehicle to another until | ||||||
19 | he has
inspected the drivers license of the person to whom the | ||||||
20 | vehicle is to be
rented, or by whom it is to be driven, and | ||||||
21 | compared and verified the
signature thereon with the signature
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22 | of such person written in his presence unless, in the case of a
| ||||||
23 | nonresident, the State or country wherein the nonresident |
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1 | resides does not
require that a driver be licensed.
| ||||||
2 | (c) No person shall rent a motorcycle to another unless the | ||||||
3 | latter
person is then duly licensed hereunder as a motorcycle | ||||||
4 | operator, and in the
case of a nonresident, then duly licensed | ||||||
5 | under the laws of the State or
country of his residence, unless | ||||||
6 | the State or country of his residence does
not require that a | ||||||
7 | driver be licensed. | ||||||
8 | (c-1) A rental car company that rents a motor vehicle shall | ||||||
9 | ensure that the renter is provided with an emergency telephone | ||||||
10 | number to personnel capable of fielding roadside assistance and | ||||||
11 | other customer service inquiries, including the ability to | ||||||
12 | provide the caller with the telephone number of the location | ||||||
13 | from which the vehicle was rented, if requested by the caller. | ||||||
14 | If an owner's manual is not available in the vehicle at the | ||||||
15 | time of the rental, an owner's manual for that vehicle or a | ||||||
16 | similar model shall be accessible by the personnel answering | ||||||
17 | the emergency telephone number for assistance with inquiries | ||||||
18 | about the operation of the vehicle.
| ||||||
19 | (d) (Blank).
| ||||||
20 | (e) (Blank).
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21 | (f) Subject to subsection (l), any person who rents a motor | ||||||
22 | vehicle to another shall only
advertise, quote, and charge a | ||||||
23 | rental rate that includes the entire amount
except taxes , and a | ||||||
24 | mileage charge, and airport concession charge, if any, which a | ||||||
25 | renter must pay to hire
or lease the vehicle for the period of | ||||||
26 | time to which the rental rate
applies.
The person must provide, |
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1 | on the request of the renter, based on the
available | ||||||
2 | information, an estimated total of the daily rental rate,
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3 | including all applicable taxes, fees, and other charges, or an
| ||||||
4 | estimated total rental charge, based on the return date of the | ||||||
5 | vehicle
noted on the rental agreement. Further, if the rental | ||||||
6 | agreement does
not already provide an estimated total rental | ||||||
7 | charge, the following
statement must be included in the rental | ||||||
8 | agreement:
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9 | "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
| ||||||
10 | AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL | ||||||
11 | RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN | ||||||
12 | ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN | ||||||
13 | DATE NOTED ON
THIS AGREEMENT."
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14 | Such person shall not charge in addition to the rental | ||||||
15 | rate,
taxes, and mileage charge, and airport concession charge, | ||||||
16 | if any, any fee which must be paid by the renter
as a condition | ||||||
17 | of hiring or leasing the vehicle, such as, but not limited
to, | ||||||
18 | required fuel or airport surcharges, nor any fee for | ||||||
19 | transporting the
renter to the location where the rented | ||||||
20 | vehicle will be delivered to the
renter. In addition to the | ||||||
21 | rental rate, taxes, and mileage charge, and airport concession | ||||||
22 | charge, if any,
such person may charge for an item or service | ||||||
23 | provided in connection with a
particular rental transaction if | ||||||
24 | the renter can avoid incurring the charge by
choosing not to | ||||||
25 | obtain or utilize the optional item or service. Items and
| ||||||
26 | services for which such person may impose an additional charge |
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1 | include, but are
not limited to, optional insurance and | ||||||
2 | accessories requested by the renter,
service charges incident | ||||||
3 | to the renter's optional return of the vehicle to
a location | ||||||
4 | other than the location where the vehicle was hired or leased,
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5 | and charges for refueling the vehicle at the conclusion of the | ||||||
6 | rental
transaction in the event the renter did not return the | ||||||
7 | vehicle with as much
fuel as was in the fuel tank at the | ||||||
8 | beginning of the rental. "Airport concession charge" means a | ||||||
9 | charge or fee imposed and collected from a renter to reimburse | ||||||
10 | the motor vehicle rental company for the concession fee it is | ||||||
11 | required to pay to a local government corporate authority or | ||||||
12 | airport authority to rent motor vehicles at the airport | ||||||
13 | facility. The airport concession charge is in addition to any | ||||||
14 | customer facility charge or any other charge.
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15 | (g) Every person renting a motor vehicle to another shall | ||||||
16 | keep a record
of the registration number of the motor vehicle | ||||||
17 | so rented, the name and
address of the person to whom the | ||||||
18 | vehicle is rented, the number of the
license, if any, of said | ||||||
19 | latter person, and the date and place when and
where the | ||||||
20 | license, if any, was issued. Such record shall be open
to
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21 | inspection by any police officer or designated agent of the | ||||||
22 | Secretary of
State.
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23 | (h) A person licensed as a new car dealer under Section | ||||||
24 | 5-101 of this
Code shall not be subject to the provisions of | ||||||
25 | this Section regarding the
rental of private passenger motor | ||||||
26 | vehicles when providing, free of charge,
temporary substitute |
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1 | vehicles for customers to operate during a period when
a | ||||||
2 | customer's vehicle, which is either leased or owned by that | ||||||
3 | customer, is
being repaired, serviced, replaced or otherwise | ||||||
4 | made unavailable to the
customer in accordance with an | ||||||
5 | agreement with the licensed new car dealer
or vehicle | ||||||
6 | manufacturer, so long as the customer orally or in writing is
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7 | made aware that the temporary substitute vehicle will be | ||||||
8 | covered by his or
her
insurance policy and the customer shall | ||||||
9 | only be liable to the extent of any
amount deductible from such | ||||||
10 | insurance coverage in accordance with the terms
of the policy.
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11 | (i) This Section, except the requirements of subsection | ||||||
12 | (g), also applies
to rental agreements of 30 continuous days or | ||||||
13 | less involving a motor
vehicle that was delivered by an out of | ||||||
14 | State person or business to a
renter in this State.
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15 | (j) A public airport
may, if approved by its local | ||||||
16 | government corporate authorities or its airport
authority, | ||||||
17 | impose a customer facility charge upon customers of rental car
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18 | companies for the purposes of financing, designing, | ||||||
19 | constructing,
operating, and maintaining consolidated car | ||||||
20 | rental facilities and common
use transportation equipment and
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21 | facilities,
which are used to transport the customer, | ||||||
22 | connecting consolidated
car rental facilities with other | ||||||
23 | airport facilities.
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24 | Notwithstanding
subsection (f) of this
Section, the | ||||||
25 | customer facility charge shall
be collected by the rental car | ||||||
26 | company as a separate charge, and clearly
indicated as
a |
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1 | separate charge
on the rental agreement and invoice.
Facility | ||||||
2 | charges shall be immediately deposited into a trust account
for | ||||||
3 | the benefit of the airport and
remitted at the direction of the | ||||||
4 | airport, but
not more often than once per month.
The charge | ||||||
5 | shall be uniformly calculated on a per-contract or per-day
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6 | basis.
Facility charges imposed by the airport may not exceed | ||||||
7 | the reasonable
costs of financing, designing, constructing, | ||||||
8 | operating, and maintaining the
consolidated car rental | ||||||
9 | facilities and common use transportation equipment and
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10 | facilities and may not be used for any other purpose.
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11 | Notwithstanding any other provision of law, the charges | ||||||
12 | collected
under
this Section are not subject to retailer | ||||||
13 | occupation, sales,
use,
or transaction taxes.
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14 | (k) When a rental car company states a rental rate in any | ||||||
15 | of its rate
advertisements, its proprietary computer
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16 | reservation systems, or its in-person quotations
intended to | ||||||
17 | apply to
an airport rental, a company that collects from its | ||||||
18 | customers a customer
facility charge for that rental under | ||||||
19 | subsection (j) shall do all of the
following:
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20 | (1) Clearly and conspicuously disclose in any radio, | ||||||
21 | television, or other
electronic media advertisements the | ||||||
22 | existence and
amount of the charge if the advertisement is | ||||||
23 | intended for rentals at an airport
imposing the charge or, | ||||||
24 | if the
advertisement covers an area with multiple airports | ||||||
25 | with different charges, a
range of amounts of customer | ||||||
26 | facility charges if the advertisement is intended
for |
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1 | rentals at an airport imposing the charge.
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2 | (2) Clearly and conspicuously disclose in any print | ||||||
3 | rate advertising the
existence and
amount of the charge if | ||||||
4 | the advertisement is intended for rentals at an airport
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5 | imposing the charge or, if the print rate advertisement | ||||||
6 | covers an area with
multiple
airports with different | ||||||
7 | charges, a range of amounts of customer facility
charges if | ||||||
8 | the advertisement is intended for rentals at an airport | ||||||
9 | imposing the
charge.
| ||||||
10 | (3) Clearly and conspicuously disclose the existence | ||||||
11 | and
amount of the charge in any telephonic, in-person, or | ||||||
12 | computer-transmitted
quotation from the rental car | ||||||
13 | company's proprietary computer reservation system
at the | ||||||
14 | time of making an initial quotation of a
rental rate if the | ||||||
15 | quotation is made by a rental car company location at an
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16 | airport imposing the charge and at the time of making a | ||||||
17 | reservation of a rental
car if the reservation is made by a | ||||||
18 | rental car company location at an airport
imposing the | ||||||
19 | charge.
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20 | (4) Clearly and conspicuously display the charge in any | ||||||
21 | proprietary
computer-assisted
reservation or transaction | ||||||
22 | directly between the rental car company and the
customer,
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23 | shown or referenced on the
same page on the computer screen | ||||||
24 | viewed by the customer as the
displayed rental rate and in | ||||||
25 | a print size not smaller than the print size of
the rental | ||||||
26 | rate.
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1 | (5) Clearly and conspicuously disclose
and separately | ||||||
2 | identify the existence and amount of the charge on its | ||||||
3 | rental
agreement.
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4 | (6) A rental car company that collects from its | ||||||
5 | customers a customer
facility charge under subsection (j) | ||||||
6 | and engages in a practice which does not
comply with
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7 | subsections (f), (j), and (k) commits an unlawful
practice | ||||||
8 | within the meaning of the Consumer Fraud and Deceptive | ||||||
9 | Business
Practices Act.
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10 | (l) Notwithstanding subsection (f), any person who rents a | ||||||
11 | motor vehicle to another may, in connection with the rental of | ||||||
12 | a motor vehicle to (i) a business renter or (ii) a business | ||||||
13 | program sponsor under the sponsor's business program, do the | ||||||
14 | following: | ||||||
15 | (1) separately quote, by telephone, in person, or by | ||||||
16 | computer transmission, additional charges for the rental; | ||||||
17 | and | ||||||
18 | (2) separately impose additional charges for the | ||||||
19 | rental. | ||||||
20 | (m) As used in this Section: | ||||||
21 | (1) "Additional charges" means charges other than: (i) | ||||||
22 | a per period base rental rate; (ii) a mileage charge; (iii) | ||||||
23 | taxes; or (iv) a customer facility charge. | ||||||
24 | (2) "Business program" means: | ||||||
25 | (A) a contract between a person who rents motor | ||||||
26 | vehicles and a business program sponsor that |
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1 | establishes rental rates at which the person will rent | ||||||
2 | motor vehicles to persons authorized by the sponsor; or | ||||||
3 | (B) a plan, program, or other arrangement | ||||||
4 | established by a person who rents motor vehicles at the | ||||||
5 | request of, or with the consent of, a business program | ||||||
6 | sponsor under which the person offers to rent motor | ||||||
7 | vehicles to persons authorized by the sponsor on terms | ||||||
8 | that are not the same as those generally offered by the | ||||||
9 | rental company to the public. | ||||||
10 | (3) "Business program sponsor" means any legal entity | ||||||
11 | other than a natural person, including a corporation, | ||||||
12 | limited liability company, partnership, government, | ||||||
13 | municipality or agency, or a natural person operating a | ||||||
14 | business as a sole proprietor. | ||||||
15 | (4) "Business renter" means any person renting a motor | ||||||
16 | vehicle for business purposes or , for any business program | ||||||
17 | sponsor, a person who is authorized by the sponsor to enter | ||||||
18 | into a rental contract under the sponsor's business | ||||||
19 | program. "Business renter" does not include a person | ||||||
20 | renting as: | ||||||
21 | (A) a non-employee member of a not-for-profit | ||||||
22 | organization; | ||||||
23 | (B) the purchaser of a voucher or other prepaid | ||||||
24 | rental arrangement from a person, including a tour | ||||||
25 | operator, engaged in the business of reselling those | ||||||
26 | vouchers or prepaid rental arrangements to the general |
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1 | public; | ||||||
2 | (C) an individual whose car rental is eligible for | ||||||
3 | reimbursement in whole or in part as a result of the | ||||||
4 | person being insured or provided coverage under a | ||||||
5 | policy of insurance issued by an insurance company; or | ||||||
6 | (D) an individual whose car rental is eligible for | ||||||
7 | reimbursement in whole or in part as a result of the | ||||||
8 | person purchasing motor vehicle repair services from a | ||||||
9 | person licensed to perform those services.
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10 | (Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)
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11 | (625 ILCS 5/6-305.3) | ||||||
12 | Sec. 6-305.3. Vehicle license cost recovery fee. | ||||||
13 | (a) As used in this Section: | ||||||
14 | " Motor vehicle Automobile rental company" means a person or | ||||||
15 | entity whose primary business is renting motor private | ||||||
16 | passenger vehicles to the public for 30 days or less. | ||||||
17 | "Inspect" or "inspection" means a vehicle emissions | ||||||
18 | inspection under Chapter 13C of this Code. | ||||||
19 | "Rental agreement" means an agreement for 30 days or less | ||||||
20 | setting forth the terms and conditions governing the use of a | ||||||
21 | motor private passenger vehicle provided by a rental company. | ||||||
22 | "Motor vehicle" means motor passenger vehicles of the first | ||||||
23 | division and motor vehicles of the second division weighing not | ||||||
24 | more than 8,000 pounds. | ||||||
25 | "Vehicle license cost recovery fee" or "VLCRF" means a |
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1 | charge that may be separately stated and charged on a rental | ||||||
2 | agreement in a vehicle rental transaction originating in | ||||||
3 | Illinois to recover costs incurred either directly or | ||||||
4 | indirectly by a motor vehicle an automobile rental company to | ||||||
5 | license, title, register, and inspect motor vehicles. | ||||||
6 | (b) Motor vehicle Automobile rental companies may include a | ||||||
7 | separately stated mandatory surcharge or fee in a rental | ||||||
8 | agreement for vehicle license cost recovery fees (VLCRF) and | ||||||
9 | all applicable taxes. | ||||||
10 | (c) If a motor vehicle an automobile rental company | ||||||
11 | includes a VLCRF as separately stated charge in a rental | ||||||
12 | agreement, the amount of the fee must represent the motor | ||||||
13 | vehicle automobile rental company's good-faith estimate of the | ||||||
14 | automobile rental company's daily charge as calculated by the | ||||||
15 | motor vehicle automobile rental company to recover its actual | ||||||
16 | total annual motor vehicle titling, registration, and | ||||||
17 | inspection costs. | ||||||
18 | (d) If the total amount of the VLCRF collected by a motor | ||||||
19 | vehicle automobile rental company under this Section in any | ||||||
20 | calendar year exceeds the motor vehicle automobile rental | ||||||
21 | company's actual costs to license, title, register, and inspect | ||||||
22 | for that calendar year, the motor vehicle automobile rental | ||||||
23 | company shall do both of the following: | ||||||
24 | (1) Retain the excess amount; and | ||||||
25 | (2) Adjust the estimated average per vehicle titling, | ||||||
26 | licensing, inspection, and registration charge for the |
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1 | following calendar year by a corresponding amount. | ||||||
2 | (e) Nothing in subsection (d) of this Section shall prevent | ||||||
3 | a motor vehicle automobile rental company from making | ||||||
4 | adjustments to the VLCRF during the calendar year.
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5 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
6 | (625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)
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7 | Sec. 18c-4201. Licensing cases.
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8 | (1) Scope of Section.
The provisions of this Chapter | ||||||
9 | relating to household goods carrier
licensing apply to | ||||||
10 | applications:
| ||||||
11 | (a) For a license authorizing a carrier to operate as | ||||||
12 | an intrastate
household goods carrier;
| ||||||
13 | (b) To transfer a certificate, permit, or license or to | ||||||
14 | change
the name on a certificate, permit, or license; and
| ||||||
15 | (c) To convert household goods contract carrier | ||||||
16 | authority to household
goods common carrier authority.
| ||||||
17 | (2) Form and content of household goods carrier licensing | ||||||
18 | applications.
Household goods carrier licensing
applications
| ||||||
19 | shall be on such forms and contain such
information as may be | ||||||
20 | prescribed by
the Commission, be verified under oath, and shall | ||||||
21 | be
accompanied by the required filing fee.
| ||||||
22 | (3) Public notice of applications.
| ||||||
23 | (a) Review of applications prior to publication.
The | ||||||
24 | Commission may provide for preliminary review of
each | ||||||
25 | application to determine if it is complete, if it
gives |
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1 | adequate notice, and if the authority requested is
| ||||||
2 | unenforceably vague or otherwise contrary to the
| ||||||
3 | provisions of this Chapter.
| ||||||
4 | (b) Authorization to submit application for | ||||||
5 | publication.
If the Commission determines after review | ||||||
6 | that the
application is defective in any respect, it shall
| ||||||
7 | promptly notify the applicant. No application shall be
| ||||||
8 | submitted to the official newspaper for publication
until | ||||||
9 | after it has been approved for publication, if the | ||||||
10 | Commission
has provided for preliminary review. If
the | ||||||
11 | Commission does not find that the
application is defective, | ||||||
12 | or if it finds that any defects have
been removed by | ||||||
13 | amendment, the applicant shall be permitted
to submit the | ||||||
14 | application to the official newspaper for
publication. The | ||||||
15 | Commission shall complete its review
and notify the | ||||||
16 | applicant within 15 days after
filing of the application.
| ||||||
17 | (c) Additional notice prescribed by the Commission.
| ||||||
18 | The Commission may direct applicant to give such further
| ||||||
19 | notice in connection with its application as the
Commission | ||||||
20 | deems necessary. The Commission may, itself,
give such | ||||||
21 | additional notice as it deems necessary.
| ||||||
22 | (4) Hearing on licensing applications.
| ||||||
23 | (a) Participation at hearing.
Any person having | ||||||
24 | standing to participate under this Chapter
may appear and | ||||||
25 | participate in a hearing before the
Commission to the | ||||||
26 | extent of its standing, provided that
the person has |
| |||||||
| |||||||
1 | complied with Commission regulations
concerning the filing | ||||||
2 | of petitions for leave to
intervene and like pleadings. | ||||||
3 | Petitions for leave to intervene must be
filed within 15 | ||||||
4 | days after publication, unless the Commission provides for
| ||||||
5 | filing at a later date. The Commission may permit | ||||||
6 | additional persons to
appear and participate, on such terms | ||||||
7 | as the Commission
shall prescribe, where such | ||||||
8 | participation is deemed
necessary to an informed
and just | ||||||
9 | resolution of the issues in the proceeding. No shipper | ||||||
10 | representative
shall be permitted to testify in support of | ||||||
11 | an application for a motor common
carrier certificate or a | ||||||
12 | motor contract carrier permit on the issue of need
for | ||||||
13 | service unless:
| ||||||
14 | (i) A supporting statement was filed on behalf of | ||||||
15 | the shipper at least
10 days prior to the date of | ||||||
16 | testimony; and
| ||||||
17 | (ii) If the supporting statement was not filed with | ||||||
18 | the application, the
statement was served on all | ||||||
19 | parties of record at least 10 days prior to
the date of | ||||||
20 | testimony.
| ||||||
21 | (b) Setting, notice, and hearing. Notwithstanding any | ||||||
22 | contrary provisions
in Section 18c-2101 of this Chapter, a | ||||||
23 | hearing shall be held on each
licensing
application to | ||||||
24 | determine that the requirements of this Chapter have been
| ||||||
25 | satisfied, except as otherwise provided in Section | ||||||
26 | 18c-4306 of this Chapter.
The Commission shall set the |
| |||||||
| |||||||
1 | hearing at a time not less than
15 days after publication | ||||||
2 | in the official newspaper. The Commission shall
serve | ||||||
3 | notice of hearing on each party of record.
| ||||||
4 | (c) Issuance of orders after hearing. The Commission | ||||||
5 | may issue summary
orders in cases where
the licensing | ||||||
6 | application was not opposed in a timely
pleading addressed | ||||||
7 | to
the Commission, or was opposed in a timely pleading but | ||||||
8 | such opposition was
later withdrawn or the parties in | ||||||
9 | opposition waived all right to
other than a summary order. | ||||||
10 | Summary orders shall be
issued within 10 days after the | ||||||
11 | close of oral hearing or such other period
as the | ||||||
12 | Commission may prescribe. Where a party requests, in a | ||||||
13 | properly
filed motion for reconsideration or rehearing, a | ||||||
14 | detailed statement of
findings and conclusions, the
| ||||||
15 | Commission shall vacate the summary order and issue a new | ||||||
16 | order in
accordance with Sub-chapters 1 and 2 of this | ||||||
17 | Chapter. Otherwise, orders
shall be issued in accordance | ||||||
18 | with provisions of Sub-chapters 1 and 2 of this
Chapter.
| ||||||
19 | (Source: P.A. 89-444, eff. 1-25-96.)
| ||||||
20 | (625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
| ||||||
21 | Sec. 18c-4203. Household goods contract carrier permits.
| ||||||
22 | (1) Prerequisite to operation as a household goods contract
| ||||||
23 | carrier.
No person shall operate as a household goods contract | ||||||
24 | carrier of
property unless such person possesses a household | ||||||
25 | goods contract
carrier permit issued by the Commission and in |
| |||||||
| |||||||
1 | good standing.
| ||||||
2 | (2) Requirements for issuance.
| ||||||
3 | (a) General requirements.
The Commission shall grant | ||||||
4 | an application for a household goods
contract carrier | ||||||
5 | permit, in whole or in part, to the
extent that it finds | ||||||
6 | that the application was properly
filed; supporting | ||||||
7 | shippers need the proposed service;
the applicant is fit, | ||||||
8 | willing and able to provide the
service in compliance with | ||||||
9 | this Chapter, Commission
regulations and orders; and | ||||||
10 | issuance of the permit will
be consistent with the public | ||||||
11 | interest. Otherwise, the
application shall be denied. The | ||||||
12 | burden of proving that the requirements
for issuance of a | ||||||
13 | household goods contract carrier permit have
been met shall | ||||||
14 | be
borne by the applicant.
| ||||||
15 | (b) Conversion to household goods common carrier | ||||||
16 | authority.
The Commission may, at the request of the | ||||||
17 | holder,
authorize the conversion of household goods | ||||||
18 | contract carrier authority
to household goods common | ||||||
19 | carrier authority, subject to the same terms,
conditions, | ||||||
20 | limitations, and regulations as other household goods | ||||||
21 | common
carriers.
| ||||||
22 | (c) Cancellation and non-renewal of contracts.
| ||||||
23 | Cancellation or non-renewal of a contract, or failure to
| ||||||
24 | keep on file with the Commission a copy of a valid
| ||||||
25 | contract, shall render a permit void with regard to the
| ||||||
26 | involved shipper.
|
| |||||||
| |||||||
1 | (3) Duties and practices of household goods contract | ||||||
2 | carriers.
| ||||||
3 | (a) Services.
Household goods contract carriers shall | ||||||
4 | provide safe and adequate
transportation service to their | ||||||
5 | contracting shippers
within the scope of their authorities | ||||||
6 | and contracts and
in compliance with this Chapter, | ||||||
7 | Commission regulations and
orders.
| ||||||
8 | (b) Contracts.
Each household goods contract carrier | ||||||
9 | shall file with the
Commission a copy of each contract | ||||||
10 | executed under
authority of its permit, and shall provide | ||||||
11 | no service
except in accordance with contracts on file with | ||||||
12 | the
Commission. The Commission may, at any time, reject
| ||||||
13 | contracts filed with it which do not comply with the
| ||||||
14 | provisions of this Chapter, Commission regulations and
| ||||||
15 | orders.
| ||||||
16 | (Source: P.A. 89-444, eff. 1-25-96.)
| ||||||
17 | (625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
| ||||||
18 | Sec. 18c-4204.
Standards to be considered in issuing common
| ||||||
19 | and contract household goods carrier licenses.
The Commission | ||||||
20 | shall exercise its discretion in regard to issuance of common
| ||||||
21 | carrier of household goods or contract carrier
of household | ||||||
22 | goods licenses in accordance with
standards enumerated in this | ||||||
23 | Section.
| ||||||
24 | (1) Standards
relevant to both
common and contract | ||||||
25 | household goods
carrier licenses. In determining whether to |
| |||||||
| |||||||
1 | issue a common carrier
of household goods
certificate or a | ||||||
2 | contract carrier of household goods permit
under
Sections | ||||||
3 | 18c-4202 and 18c-4203 of this Chapter, the
Commission shall | ||||||
4 | consider, in addition to other standards
enumerated in this | ||||||
5 | Chapter:
| ||||||
6 | (a) (Blank) The characteristics of the supporting | ||||||
7 | shipper or shippers
transportation needs, including the | ||||||
8 | total volume of
shipments, the amounts handled by existing | ||||||
9 | authorized
carriers and others, the amounts which would be | ||||||
10 | tendered
to the applicant, the nature and location of | ||||||
11 | points
where traffic would be picked up and delivered, and | ||||||
12 | any
special transportation needs of the supporting
shipper | ||||||
13 | or shippers or their receiver or receivers ;
| ||||||
14 | (b) The existing authorized carriers' services, | ||||||
15 | including
the adequacy of such services and the effect | ||||||
16 | which
issuance of a new certificate or permit would have on
| ||||||
17 | such services;
| ||||||
18 | (c) (Blank) The proposed service, and whether it would | ||||||
19 | meet the
needs of the supporting shipper or shippers ;
| ||||||
20 | (d) Any evidence bearing on the fitness, willingness, | ||||||
21 | or
ability of the applicant, including but not limited to
| ||||||
22 | any past history of violations of this Chapter, Commission
| ||||||
23 | regulations or orders, whether or not such violations
were | ||||||
24 | the subject of an enforcement proceeding; and
| ||||||
25 | (e) The effect which issuing the certificate or permit | ||||||
26 | would
have on the development, maintenance and |
| |||||||
| |||||||
1 | preservation of
the highways of this State for commercial | ||||||
2 | and other
public use.
| ||||||
3 | (2) Additional standards relevant to household goods | ||||||
4 | contract
carrier
licenses.
In determining whether to issue a | ||||||
5 | household goods contract
carrier
permit under Section 18c-4203 | ||||||
6 | of this Chapter, the
Commission shall consider, in addition to | ||||||
7 | standards enumerated in
subsection (1) of this Section or | ||||||
8 | elsewhere in this
Sub-chapter:
| ||||||
9 | (a) Whether the proposed service is contract carrier
| ||||||
10 | service; and
| ||||||
11 | (b) The effect which failure to issue the permit would | ||||||
12 | have
on the supporting shipper or shippers.
| ||||||
13 | (3) Standards not relevant to either household goods common | ||||||
14 | or
household goods contract
carrier licenses.
In determining | ||||||
15 | whether to issue a household goods common carrier
certificate | ||||||
16 | or a household goods contract carrier permit
under
Sections | ||||||
17 | 18c-4202 and 18c-4203 of this Chapter, the
Commission shall not | ||||||
18 | consider:
| ||||||
19 | (a) The mere preference of the supporting shipper or | ||||||
20 | shippers or
their receiver or receivers for the applicant's | ||||||
21 | service; or
| ||||||
22 | (b) Any illegal operations of the applicant as evidence | ||||||
23 | of
shipper need or the inadequacy of existing carriers'
| ||||||
24 | services.
| ||||||
25 | (Source: P.A. 89-444, eff. 1-25-96.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.
|