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91_HB1676eng
HB1676 Engrossed LRB9102242KSsbA
1 AN ACT to amend the Illinois Vehicle Code by adding
2 Section 18b-112.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 adding Section 18b-112 as follows:
7 (625 ILCS 5/18b-112 new)
8 Sec. 18b-112. Intermodel trailer, chassis, and safety.
9 (a) Definitions. For purposes of this Section:
10 "Department" means the Department of State Police.
11 "Equipment interchange agreement" means a written
12 document executed by the intermodal equipment provider and
13 operator at the time the equipment is interchanged by the
14 provider to the operator.
15 "Equipment provider" means any railroad, railroad
16 subsidiary or affiliated company, forwarding company, water
17 carrier, steamship line, vehicle equipment leasing company,
18 or anyone acting as the agent of such entities authorizing
19 delivery or physical possession of an intermodal vehicle with
20 a motor carrier.
21 "Federal motor carrier safety regulations" means
22 regulations promulgated by the United States Department of
23 Transportation governing the condition and maintenance of
24 commercial motor vehicles contained in Title 49 of the United
25 States Code of Federal Regulations on the day of enactment of
26 this Act or as amended or revised by the United States
27 Department of Transportation thereafter.
28 "Interchange" means the act of providing a vehicle to a
29 motor carrier by an equipment provider for the purpose of
30 transporting the vehicle for loading or unloading by another
31 party or the repositioning of the vehicle for the benefit of
HB1676 Engrossed -2- LRB9102242KSsbA
1 the equipment provider. "Interchange" does not include the
2 leasing of the vehicle by a motor carrier from an
3 owner-operator pursuant to subpart B of Part 376 of Title 49
4 of the Code of Federal Regulations or the leasing of a
5 vehicle to a motor carrier for use in the motor carrier's
6 over-the-road freight hauling operations.
7 "Operator" means a motor carrier or driver of a
8 commercial motor vehicle.
9 "Vehicle" means an intermodal trailer, chassis, or
10 container.
11 (b) Responsibility of equipment provider. An equipment
12 provider shall not interchange or offer for interchange a
13 vehicle with an operator for use on a highway which vehicle
14 is in violation of the requirements contained in the federal
15 motor carrier safety regulations. It is the responsibility of
16 the equipment provider to inspect and, if a vehicle at the
17 time of inspection does not comply with all federal motor
18 carrier safety regulation requirements, perform the necessary
19 repairs on, all vehicles prior to interchanging or offering
20 for interchange.
21 (c) Right of inspection by the operator. Before
22 interchanging a vehicle with an operator, an equipment
23 provider must provide the operator the opportunity and
24 facilities to perform a visual inspection of the equipment.
25 The operator must determine if it complies with the
26 provisions of the federal motor carrier safety regulation
27 capable of being determined from an inspection. If the
28 operator determines that the vehicle does not comply with the
29 provisions of the federal motor carrier safety regulations,
30 the equipment provider shall immediately perform the
31 necessary repairs to the vehicle so that it complies with the
32 federal motor carrier safety regulations or shall immediately
33 provide the operator with another vehicle.
34 (d) Presumption of defect prior to interchange.
HB1676 Engrossed -3- LRB9102242KSsbA
1 (1) If as a result of a roadside inspection by the
2 Department, any of the defects listed in paragraph (2)
3 are discovered, it shall be presumed that the defect
4 existed at the time of the interchange, unless the
5 violations are due to actions or omissions of the motor
6 carrier operator after the vehicle was tendered. If a
7 summons or complaint is issued to the operator, the
8 operator may seek relief pursuant to paragraph (3).
9 (2) All of the following defects shall be presumed
10 to have existed at the time of the interchange, unless
11 the violations are due to actions or omissions of the
12 motor carrier operator after the vehicle was tendered:
13 (A) There is a defect with the brake drum
14 when:
15 (I) the drum cracks;
16 (II) the lining is loose or missing; or
17 (III) the lining is saturated with oil.
18 (B) There is a defect of inoperative brakes
19 when:
20 (I) there is no movement of any
21 components;
22 (II) there are missing, broken, or loose
23 components; or
24 (III) there are mismatched components.
25 (C) There is a defect with the air lines and
26 tubing when:
27 (I) there is a bulge and swelling;
28 (II) there is an audible air leak; or
29 (III) there are air lines broken,
30 cracked, or crimped.
31 (D) There is a defect with the reservoir tank
32 when there is any separation of original attachment
33 points.
34 (E) There is a defect with the frames when:
HB1676 Engrossed -4- LRB9102242KSsbA
1 (I) there is any cracked, loose, sagging,
2 or broken frame members which measure one and
3 one-half inch in web or one inch or longer in
4 bottom flange or any crack extending from web
5 radius into bottom flange; or
6 (II) there is any condition which causes
7 moving parts to come in contact with the frame.
8 (F) There is an electrical defect when wires
9 are chaffed.
10 (G) There is a defect with the wheel assembly
11 when:
12 (I) there is low or no oil;
13 (II) there is oil leakage on brake
14 components;
15 (III) there are lug nuts that are loose
16 or missing; or
17 (IV) the wheel bearings are not properly
18 maintained.
19 (H) There is a defect with the tires when:
20 (I) there is improper inflation;
21 (II) there is tire separation from the
22 casing; or
23 (III) there are exposed plys or belting
24 material.
25 (I) There is defect with rim cracks when:
26 (I) there is any circumferential crack,
27 except a manufactured crack; or
28 (II) there is a lock or side ring
29 cracked, bent, broken, sprung, improperly
30 seated, or mismatched.
31 (J) There is a defect with the suspension
32 when:
33 (I) there are spring assembly leaves
34 broken, missing, or separated; or
HB1676 Engrossed -5- LRB9102242KSsbA
1 (II) there are spring hanger, u-bolts, or
2 axle positioning components cracked, broken
3 loose, or missing.
4 (K) There is a defect with the chassis locking
5 pins when there is any twist lock or fitting for
6 securement that is sprung, broken, or improperly
7 latched.
8 (3) If an operator receives a citation for a
9 violation due to a defect in any equipment specified in
10 subsection (b), the vehicle provider shall reimburse the
11 operator for any:
12 (A) fines and costs, including court costs and
13 reasonable attorneys fees, incurred as a result of
14 the citation, whether the operator is found guilty
15 or not; and
16 (B) costs incurred by the operator to repair
17 the defects specified in the citation, including any
18 towing costs incurred.
19 The vehicle provider shall reimburse the operator
20 within 30 days of the final court action.
21 (e) Fines and penalties. Any person violating the
22 provisions of this Section shall be fined no less than $50
23 and no more than $500 for each violation.
24 (f) Obligation of motor carrier. Nothing in this Section
25 is intended to eliminate the responsibility and obligation of
26 a motor carrier and operator to maintain and operate vehicles
27 in accordance with the federal motor carrier safety
28 regulations and applicable State and local laws and
29 regulations.
30 Section 99. Effective date. This Act takes effect on
31 January 1, 2000.
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