Illinois Administrative Code

Section 1308.30 Aiding and Abetting – Authority For purposes of imposing sanctions as authorized by Section 18c-1704(2) through (7) of the Law, a person aids or abets another in a violation of Section 18c-4104(1)(a) of the Law when the person receives service from a person who is…

Section 1309.10 Proceedings to Convert Contract to Common Authority a) This Part applies to proceedings to convert a motor contract carrier permit to a motor common carrier certificate, but only when the permit is not restricted to the accounts of named contract shippers. Proceed…

Section 1309.20 Standards for Conversion of Contract to Common Authority a) The Commission will convert a contract carrier's permit to a common carrier certificate only to the extent that evidence presented at a hearing demonstrates that the carrier has not been operating as a "c…

Section 1309.30 Scope of Converted Authority a) When the Commission determines that a contract carrier's authority should be converted to common authority, the Commission will issue common authority only to the extent the carrier has demonstrated that a public need for the carrie…

Section 1360.10 Applicability a) This Part applies to the following actions by motor carriers of property: 1) The leasing of equipment with which to perform transportation regulated by the Illinois Commerce Commission ("Commission"). 2) The interchange of equipment between motor …

Section 1360.20 Definitions "Addendum." A supplement to an existing lease. "Authorized carrier." A person holding a motor carrier of property license from the Commission. "Equipment." A motor vehicle, straight truck or tractor. "Lease." A written document vesting possession, use,…

Section 1360.30 General Leasing Requirements a) Leasing permitted only in compliance with this Part. Authorized carriers may perform regulated transportation in equipment they do not own only in accordance with this Part. b) Written Lease Required. Each lease covered by this Part…

Section 1360.35 Actions Affecting Leases a) Revocation of carrier/lessee's license. In the event that the license held by the carrier/lessee is revoked pursuant to Section 18c-1704 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-1704), the lease shall remain in effect but all…

Section 1360.40 Lease Terms and Conditions a) Required terms and information. A lease subject to this Part must specify the information set forth in this subsection. 1) Identifying information A) Parties. The lease must show the full legal name of the carrier-lessee, as it appear…

Section 1360.45 Lease Form All leases covered by this Part shall include the Commission's Equipment Lease form. (Source: Added at 11 Ill. Reg. 16447, effective October 1, 1987)

Section 1360.50 Exemptions from these Leasing Regulations (Repealed) (Source: Repealed at 11 Ill. Reg. 16447, effective October 1, 1987)

Section 1360.55 Possession and Control of Leased Equipment a) General requirement. The lessee of equipment used under authority of a license issued by the Commission shall have exclusive possession and control of the equipment while it is so used. Failure to exercise supervision …

Section 1360.60 Private Carriers and Shippers (Repealed) (Source: Repealed at 11 Ill. Reg. 16447, effective October 1, 1987)

Section 1360.65 Additional Requirements for Trip Leases Between Authorized Carriers Authorized carriers are permitted to trip lease equipment to or from other authorized carriers only if: a) The lessor owns the equipment or has possession and control of the equipment under a leas…

Section 1360.70 Filing and Cancellation Requirements (Repealed) (Source: Repealed at 11 Ill. Reg. 16447, effective October 1, 1987)

Section 1376.10 Generally Accepted Accounting Principles a) All Illinois Commerce Commission licenses common or contract motor carriers of property, and each receiver, trustee, executor, administrator, or assignee of any such carrier, shall comply with generally accepted accounti…

Section 1376.20 Classification of Carriers For the purpose of accounting and reporting regulations, common and contract carriers of property by motor vehicle subject to the Illinois Commerce Commission (Intrastate authority) are grouped into the following four classes: a) Class I…

Section 1376.30 Records a) Each carrier 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 informa…

Section 1376.40 Examination and Audit Officers and employees of the Commission shall have the authority under the direction of the Commission to inspect, examine, copy and reproduce any and all books, accounts, papers, records and memoranda kept by such motor carrier, authorized …

Section 1415.10 Freight Bills a) Every common carrier of property by motor vehicle shall, when collecting transportation charges, issue or cause to be issued a freight bill covering each shipment. One bill can cover more than one shipment provided the information required by subs…

Section 1415.20 Bills of Lading or Other Forms a) Every common carrier of property by motor vehicle shall, upon receipt of property for transportation, issue or cause to be issued a bill of lading or other forms. b) Each bill of lading or other form shall show: 1) The names of th…

Section 1415.30 Consecutive Numbering of Bills Freight bills shall be numerically and sequentially numbered by the carrier. (Source: Added at 11 Ill. Reg. 16112, effective October 1, 1987)

Section 1415.35 Retention of Bills or Forms Freight bills, bills of lading, or other forms for each shipment transported under the authority of a license issued by the Illinois Commerce Commission must be kept as part of the records of the carrier. (Source: Amended at 14 Ill. Reg…

Section 1415.5 Application of Part 1415 This Part does not apply to transportation of household goods to the extent that such transportation is governed by 92 Ill. Adm. Code 1455.50. (Source: Section repealed, new Section adopted at 11 Ill. Reg. 16112, effective October 1, 1987)

Section 1435.10 General Provisions – Applicability The Commission may conduct a proceeding known as an enforcement proceeding, when it has reason to believe that a person has committed an act which is a violation of the applicable statute; of any Commission rule, regulation, orde…

Section 1435.15 Settlement in Lieu of Formal Enforcement Proceeding Prior to the institution of formal enforcement proceedings before the Illinois Commerce Commission ("Commission") a respondent shall be given the opportunity to settle, at an informal staff level, any controversy…

Section 1435.20 Initiation of Enforcement 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…

Section 1435.30 Service of Order Service of orders shall be made by certified mail, return receipt requested.

Section 1435.40 Respondent's Reply – Failure to Appear at Hearing Respondent's failure to appear at a hearing or otherwise respond to a citation shall constitute a waiver of the respondent's right to contest the alleged violation(s). Commission staff shall present evidence in sup…

Section 1435.50 Civil Penalties – Method of Payment 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 promiss…

Section 1435.60 Commission Order After Hearing – Civil Penalties If, within 30 days after the service of an order assessing a civil penalty, the respondent has failed to file a Petition for Reconsideration under Section 67 of the Illinois Public Utilities Act, as adopted by Secti…

Section 1440.10 Guidelines in the Assessment of Civil Penalties The following guidelines shall be observed in the assessment of civil penalties. a) The Standard of Lack of Mitigating Circumstances In both situations set forth below, it shall be the burden of the respondent to est…

Section 1440.20 Procedure for Determining Civil Penalties a) Persons found to have committed one or more violations for which civil penalties may be assessed shall be entitled to have such civil penalties determined in accordance with the following procedure. 1) A numerical value…

Section 1501.10 Registration Procedure a) A rail carrier shall register with the Illinois Commerce Commission ("Commission") by filing a letter, signed by an owner, partner, or officer of the rail carrier, containing the information set forth as follows: 1) The full, legal name o…

Section 1501.20 Contents of Registration (Repealed) (Source: Repealed at 29 Ill. Reg. 19174, effective December 1, 2005)

Section 1501.30 Notice of Change (Repealed) (Source: Repealed at 29 Ill. Reg. 19174, effective December 1, 2005)

Section 1515.10 Reports a) The Illinois Commerce Commission adopts 49 CFR 225 and 234, as of October 1, 2003, as its regulation governing reporting of railroad accidents and incidents as defined in Sections 225.5 and 234.5. b) Copies of written reports submitted to the Federal Ra…

Section 1515.20 Information Required by the Illinois Commerce Commission (Repealed) (Source: Repealed at 11 Ill. Reg. 15885, effective October 1, 1987)

Section 1515.30 Telephonic Reports (Repealed) (Source: Repealed at 29 Ill. Reg. 19178, effective December 1, 2005)

Section 1515.40 Adoption of Rules (Repealed) (Source: Repealed at 11 Ill. Reg. 15885, effective October 1, 1987)

Section 1515.50 Submission of Monthly Reports (Repealed) (Source: Repealed at 11 Ill. Reg. 15885, effective October 1, 1987)

Section 1515.60 Immediate Reports (Repealed) (Source: Repealed at 11 Ill. Reg. 15885, effective October 1, 1987)

Section 1515.70 Penalties for Noncompliance Failure to submit reports as required by this Part shall result in violations and sanctions as prescribed in 625 ILCS 5/18c-1701 and 1704. (Source: Added at 29 Ill. Reg. 19178, effective December 1, 2005)

Section 1536.10 Petition to Close Grade Crossing a) A party may petition the Commission to close a grade crossing of a public highway with the tracks of a registered rail carrier on the grounds that public safety requires such a closure. The Commission shall, at public hearing, c…

Section 1536.20 Criteria for Crossing Closure a) The hearing examiner shall assign the crossing proposed for closure to one of the following categories: 1) Category 1: the crossing is located in an incorporated area and the crossing is signalized; 2) Category 2: the crossing is l…

Section 1536.30 Petition to Open Grade Crossing A party may petition the Commission to open a grade crossing of a public highway with the tracks of a registered rail carrier on the grounds that public necessity requires such an opening.

Section 1536.40 Criteria for Crossing Opening a) When a petition is filed to extend a public road, highway or street across a track at grade the Commission shall determine if the following criteria are satisfied: 1) there is presently inadequate or no vehicular access to the area…

Section 1550.10 Purpose, Scope and Application a) The purpose of this Part is to prescribe regulations establishing minimum standards for the safe transportation of employees to and from their places of employment and during the course of their employment. b) These regulations sh…

Section 1550.20 Definitions The following words and phrases as used in this Part shall mean – "Commission": Illinois Commerce Commission. "Employee": An individual, subject to a collective bargaining agreement, employed for any period in any work for which he is compensated, whet…

Section 1550.30 Rear Compartments a) A rear compartment may be either a continuation cab or an auxiliary cab. b) A continuation cab is a standard crew cab as designed and furnished by the motor vehicle manufacturer or as constructed by a motor vehicle body company which is a cont…