Article III - Transfer Of Licenses
(625 ILCS 5/Ch 18C Sub 4 Art III heading) ARTICLE III. TRANSFER OF LICENSES
(625 ILCS 5/18c‑4301) (from Ch. 95 1/2, par. 18c‑4301)
Sec. 18c‑4301. Power of Commission to Approve Transfers. A license issued under this Sub‑chapter may be transferred, with Commission approval, under the conditions specified in this Article and in accordance with such rules and regulations as the Commission may prescribe.
(Source: P.A. 84‑796.) |
(625 ILCS 5/18c‑4302) (from Ch. 95 1/2, par. 18c‑4302)
Sec. 18c‑4302. Types of Transfers Which May be Approved. It is lawful, with prior authorization from the Commission, for:
(1) Two or more motor carriers of property to consolidate or merge their properties into one business entity for the ownership, management, or operation of the properties theretofore in separate ownership;
(2) A motor carrier of property, or two or more such carriers jointly, to purchase, lease or contract to operate the properties of another such carrier;
(3) A motor carrier of property, or two or more such carriers jointly, to acquire control of another such carrier through ownership of its stock or otherwise;
(4) A person not a motor carrier of property, to acquire control of one or more such motor carriers through ownership of its or their stock or otherwise;
(5) A person not a motor carrier of property and which has control of one or more such carriers to acquire control of another carrier through ownership of its stock or otherwise; or
(6) A person to acquire possession, ownership, or control, by means of the sale or other conveyance of a license issued by the Commission to another person.
(Source: P.A. 84‑796.) |
(625 ILCS 5/18c‑4303) (from Ch. 95 1/2, par. 18c‑4303)
Sec. 18c‑4303. Applications for Approval. Applications for approval of the transfer of a license shall be on forms prescribed by the Commission and shall, where possible, be accompanied by a copy of the written contract executed by parties to the proposed transfer. The contract must state that it:
(1) Is expressly conditioned on approval of the transfer by the Commission;
(2) Is a complete and exclusive statement of the rights of the parties in regard to the proposed transfer; and
(3) Cannot be amended without notice to and approval by the Commission. The application shall also be accompanied by an abstract of shipments performed by the transferor within the last year prior to the date of the contract showing the date of each shipment, the identification number of the shipment, the origin and destination of the shipment, and a description of the commodity shipped.
The application shall not be docketed until a contract and abstract have been filed. Where the contract cannot be signed because of some operation of law, the Commission may waive the signature of the transferor, but not the filing of the written contract.
(Source: P.A. 84‑796.) |
(625 ILCS 5/18c‑4304) (from Ch. 95 1/2, par. 18c‑4304)
Sec. 18c‑4304. Standard for Review of Applications. The Commission may approve a proposed transfer if it finds that:
(1) The license to be transferred is in good standing and has not been abandoned, discontinued, or suspended, in whole or in part;
(2) The proposed transferee is fit, willing, and able to provide service for which the license was issued, and to do so in compliance with provisions of this Chapter, Commission regulations and orders; and
(3) The transfer would be consistent with the public interest and the state transportation policy.
The Commission may approve or disapprove a transfer, in whole or in part, and may subject the transfer to such terms and conditions as will protect the public interest and effectuate the purposes of this Chapter.
(Source: P.A. 84‑796.) |
(625 ILCS 5/18c‑4305) (from Ch. 95 1/2, par. 18c‑4305)
Sec. 18c‑4305. Abandonment, Discontinuance, or Suspension of Service Under a License to be Transferred. In determining whether the proposed transferor has abandoned, discontinued or suspended service without authorization, the Commission shall only consider the operations of the transferring party performed within the last 2 years prior to the date on which the contract between transferor and transferee was executed, or the date the application was filed.
(Source: P.A. 84‑796.) |
(625 ILCS 5/18c‑4306) (from Ch. 95 1/2, par. 18c‑4306)
Sec. 18c‑4306. Expedited Transfer Procedures.
(1) The Commission may provide for the transfer of a license, without notice and hearing, and without the necessity of making the findings specified above, when such transfer or control is to:
(a) a member or members of the transferor's |
| |
(b) a corporation, the stock of which is wholly |
| owned by the transferor or members of his immediate family or a member or members of the transferor partnership; | |
(c) a member or members of a partnership of which |
| the transferor is a partner; | |
(d) a stockholder or stockholders of the transferor |
| corporation or of a corporation wholly owned by the transferor or the transferor's immediate family; | |
(e) the heirs of a person who dies intestate or the |
| legatees of a testator, upon order of the probate court having jurisdiction; | |
(f) the heirs or legatees of the transferor pursuant |
| to the Probate Act of 1975, as amended; | |
(g) a corporation, more than 50% of the stock of |
| which is controlled by the stockholders of the transferor corporation; or | |
(h) a corporation, all of the stock of which is |
| controlled by a member or members of the immediate family of the stockholder or stockholders of the transferor corporation. | |
(2) When a transfer of a license may be accomplished on an expedited basis without notice and hearing through 2 or more transactions of the type described in subsection (a), and they do, in fact, represent a single, contemporaneous transaction, then the Commission shall allow the transfer to be made as a single transaction in a single application. However, it shall be the applicants' burden to demonstrate that they are entitled to this treatment of their application by setting forth each of the individual qualifying transactions under subsection (1) with the same detail and specificity as if each individual application were filed.
(Source: P.A. 88‑415.) |
(625 ILCS 5/18c‑4307) (from Ch. 95 1/2, par. 18c‑4307)
Sec. 18c‑4307. Unapproved Transfers. (1) Unapproved Transfers Prohibited. Except as provided in this Article, no person may enter into a transaction to accomplish or effectuate, or participate in accomplishing or effectuating, the ownership, control or management of any one or more motor carriers, however such result is attained, whether directly or indirectly by use of common directors, officers, or stockholders, a holding or investment company, a voting trust, or in any other manner, and regardless of whether or not the carrier received compensation or value from the transaction. Nor shall any person continue to maintain control or management accomplished or effectuated in violation of this Article. The words "control or management," when used in this Article, shall be construed to include the power to exercise control or management.
(2) Direct Supervision and Control by License Holder Required. The holder of a motor carrier license shall exercise direct supervision and control over all operations conducted with vehicles registered under its license or utilized in conducting operations under its license. The holder may be called upon to demonstrate that it is exercising direct supervision and control. Failure to exercise active supervision and control shall constitute the unauthorized transfer of operating rights in violation of this Chapter. Where an unauthorized transfer occurs, both the transferor and transferee shall have committed violations of this Chapter. Nothing contained herein shall prevent the holder from exercising such supervision and control through a manager or other bona fide employee of the holder. Elements to be considered in evaluating whether supervision and control is being exercised include solicitation; public identification; billing; collecting; dispatching drivers and equipment; hiring; evaluation and firing of drivers and other personnel; liability for cargo loss or damage; and responsibility for payment of carrier expenses.
(Source: P.A. 85‑553.) |
(625 ILCS 5/18c‑4308) (from Ch. 95 1/2, par. 18c‑4308)
Sec. 18c‑4308. Enforcement of Transfer Requirements. The Commission may, on its own motion or on complaint, investigate and determine whether violations of this Article have occurred. When the Commission determines that a carrier or other person is violating the provisions of this Article it shall by order require the carrier or other person to take whatever action is necessary to prevent continuance of the violation, and may, in addition, impose sanctions as provided in this Chapter.
(Source: P.A. 84‑796.) |
(625 ILCS 5/18c‑4309) (from Ch. 95 1/2, par. 18c‑4309)
Sec. 18c‑4309. Temporary Suspension and Transfer. Periods during which a license is temporarily suspended by order of the Commission shall not be considered as part of the 1‑year period for which an abstract of shipments must be provided for application to transfer a license pursuant to Section 18c‑4303 of this Chapter, or for the 2‑year period used to determine whether a proposed transferor has abandoned, discontinued or suspended service without Commission authorization pursuant to Section 18c‑4305 of this Chapter. This Section shall apply to all temporary suspension applications filed, and all temporary suspensions granted, on or after January 1, 1986.
(Source: P.A. 85‑553.) |