Current through Register Vol. 48, No. 38, September 20, 2024
a) Leasing permitted only in compliance with
this Subpart. Authorized carriers may perform regulated transportation in
equipment they do not own only in accordance with this Subpart.
b) Written lease required. Each lease covered
by this Subpart must be in writing.
c) Parties and signatures. A lease subject to
this Subpart 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 Subpart applies must be filed with the Commission's Transportation
Division at the following address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
Springfield IL 62701
2) Filing fee requirement. A filing fee as
prescribed in Subpart Q shall be remitted with each lease.
3) No operations shall be conducted under a
lease to which this Subpart 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 by the lease. 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 carrier shall prepare and keep documents covering each trip for
which the equipment is used in the carrier's 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
1457.920(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
1457.940(a)(2),
whichever occurs first. No fee is required for filing a notice of
cancellation.
