Current through Register Vol. 48, No. 38, September 20, 2024
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 must be in writing.
c)
Parties and signatures. A lease subject to this Part must be between the owner
of the equipment (the lessor) and the licensed carrier to which the equipment,
with or without driver, is leased (the lessee). The lease must be signed by
each party or its authorized representative.
d) Filing and review requirements.
1) Filing requirement. The original and 2
copies of each completed (signed and dated) lease to which this Part applies
must be filed with the Commission's Transportation Division at the following
address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
P. O. Box 19820
Springfield, IL 62791
2) Filing fee requirement. A filing fee as
prescribed in 92 Ill. Adm. Code 1205 shall be remitted with each
lease.
3) No operations shall be
conducted under a lease to which this Part applies until a copy of the
completed lease has been filed with or mailed to the Commission's
Transportation Division.
4)
Operations may be conducted under the lease after filing or transmittal but
before completion of review. A copy of the lease and an attached affidavit
stating that the lease has been transmitted to the Commission, indicating the
date of transmittal and stating that the lease is under review, are to be
carried in the vehicle covered by the lease.
e) Receipts for equipment. Receipts,
specifically identifying the equipment to be leased and stating the date and
time of day possession is transferred, shall be given as follows:
1) When possession of the equipment is taken
by the authorized carrier, it shall give the owner of the equipment a
receipt.
2) When possession of the
equipment by the authorized carrier ends, it shall give the owner of the
equipment a receipt.
f)
Identification of equipment. Authorized carriers shall identify the leased
equipment as being in their service as follows:
1) During the period of the lease, the
carrier shall identify the equipment by attaching a placard with the
identification of the lessee in compliance with Section 18c-4701 of the
Law;
2) During the entire period of
the lease, a copy of the executed lease shall be carried in each motor vehicle
covered thereby. The lease must bear a Transportation Division stamp showing
that the lease was approved or that no deficiency was found or have attached to
it the affidavit prescribed in subsection (d)(4).
g) Records of equipment use. Authorized
carriers shall keep records of equipment use as follows:
1) General equipment use records. Each
authorized carriers shall prepare and keep documents covering each trip for
which the equipment is used in its service. These documents shall contain the
name and address of the owner of the equipment, the point of origin, the time
and date of departure, and the point of final destination. These documents
shall be preserved as part of the carrier's records.
2) Trip lease records. If the equipment is
being leased for a period less than 30 days, the authorized carrier shall carry
a copy of the lease records described in subsection (g)(1) in the leased
equipment while it is operated under the lease. Records carried in the vehicle
must also identify the lading.
3)
Permanent lease records. If the equipment is being leased for periods of 30
days or more, the authorized carrier may keep the records identifying the
lading at its terminals or principal office as part of its records, rather than
in the leased equipment.
h) A copy of the completed written lease
shall be retained as part of the carrier-lessee's records.
i) Cancellation. In the event that a carrier
wishes to cancel a lease prior to the expiration date, it may file a notice of
cancellation at the address for filing leases under Section
1360.30(d)(1).
Otherwise, the lease shall remain in effect for purposes of the Law until the
expiration date, or the date on which the lease expires by operation of Section
1360.40(a)(2),
whichever occurs first. No fee is required for filing notice of
cancellation.
