(625 ILCS 5/18c‑5301)(from Ch. 95 1/2, par. 18c‑5301) Sec. 18c‑5301. Application of Article. The provisions of this Article shall apply to non‑relocation towing. Where the provisions of this Article conflict with any other provisions in this Chapter, the provisions of this Article shall govern. (Source: P.A. 84‑1311.)
(625 ILCS 5/18c‑5302)(from Ch. 95 1/2, par. 18c‑5302) Sec. 18c‑5302. Commission to Adopt Special Rules. (1) General Provisions. The Commission shall, within 180 days after the effective date of this Article, have finally adopted special forms and regulations applicable to non‑relocation towing. Such regulations shall encompass definitions of terms, licensing, ratemaking, record‑keeping, insurance or surety coverage, fees, and such other provisions as are necessary to effectuate the purposes of this Article. Such regulations shall be consistent with the provisions of this Article and shall implement such provisions with regard to non‑relocation towing in a manner which recognizes the special circumstances and conditions which pertain to non‑relocation towing as distinguished from other forms of motor carriage of property. (2) Towing at Owner's Request. The Commission shall, within 60 days from July 1, 1988, adopt rules in accordance with Section 5‑50 of the Illinois Administrative Procedure Act which implement the provisions of this Chapter dealing with the exemption of non‑relocation towing at the request of the vehicle owner. (Source: P.A. 88‑45.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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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