CHAPTER 18c - THE ILLINOIS COMMERCIAL TRANSPORTATION LAW

625 ILCS 5/18c-4104

Sec. 18c-4104. Unlawful Operations.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Petty Offense

No incarceration authorized · Fine up to $1,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Petty Offense
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code 8496, 8493, 8497, 8534, 8535, 8498, 8499, 8536, 8503, 8538, 8504, 8539, 8510, 8516, 8517, 8518, 8519
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Associated Offense Codes & Classifications (17)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Operating without III.C.C. interstate registration 625 ILCS 5/18c-4104(1)(a) Petty Offense Release on Notice Release Eligible 8496
Operating without III.C.C. intrastate license 625 ILCS 5/18c-4104(1)(a) Petty Offense Release on Notice Release Eligible 8493
Operating in excess of scope of III.C.C. license – commodities 625 ILCS 5/18c-4104(1)(b) Petty Offense Release on Notice Release Eligible 8497
Operating in excess of scope of III.C.C. license – geographic 625 ILCS 5/18c-4104(1)(b) Petty Offense Release on Notice Release Eligible 8534
Operating in excess of scope of Ill.C.C. license – other restrictions 625 ILCS 5/18c-4104(1)(b) Petty Offense Release on Notice Release Eligible 8535
No copy of an III.C.C. license in unit 625 ILCS 5/18c-4104(1)(c) Petty Offense Release on Notice Release Eligible 8498
No III.C.C. lease on file 625 ILCS 5/18c-4104(1)(d) Petty Offense Release on Notice Release Eligible 8499
No certified copy of an III.C.C. lease in unit 625 ILCS 5/18c-4104(1)(e) Petty Offense Release on Notice Release Eligible 8536
No III.C.C. Intrastate Stamp 625 ILCS 5/18c-4104(1)(f) Petty Offense Release on Notice Release Eligible 8503
No III.C.C. Interstate Stamp 625 ILCS 5/18c-4104(1)(f) Petty Offense Release on Notice Release Eligible 8538
No III.C.C. Intrastate Stamp in unit 625 ILCS 5/18c-4104(1)(g) Petty Offense Release on Notice Release Eligible 8504
No III.C.C. Interstate Stamp in unit 625 ILCS 5/18c-4104(1)(g) Petty Offense Release on Notice Release Eligible 8539
Improper identification on unit 625 ILCS 5/18c-4104(1)(h) Petty Offense Release on Notice Release Eligible 8510
Unapproved transfer of III.C.C. license 625 ILCS 5/18c-4104(1)(i) Petty Offense Release on Notice Release Eligible 8516
Providing service at unlawful rates 625 ILCS 5/18c-4104(1)(j) Petty Offense Release on Notice Release Eligible 8517
Otherwise operate as a motor carrier in violation of this chapter 625 ILCS 5/18c-4104(1)(k) Petty Offense Release on Notice Release Eligible 8518
Aiding or abetting in violation of this chapter 625 ILCS 5/18c-4104(1)(l) Petty Offense Release on Notice Release Eligible 8519
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 18c-4104. Unlawful Operations.

(1)

(1) Prohibition. Except as provided in Article I of this Sub-chapter, and subject to the provisions stated herein, it shall be unlawful for any person to:

(a)

(a) Operate as an intrastate motor carrier of property without a license from the Commission; or as an interstate motor carrier of property without a registration from the Commission. (b) Operate as an intrastate household goods carrier in excess of the scope of a license issued to it by the Commission in regard to any of the following: 1. hauling unauthorized commodities;

2. operating outside authorized territory; or

3. violating other restrictions.

(c)

(c) Operate, as an intrastate motor carrier of property, any motor vehicle which does not carry a copy of a valid, current license issued by the Commission to such carrier; or operate, as an interstate motor carrier of property, any motor vehicle which does not carry a copy of a valid, current registration issued by the Commission to such carrier; or fail to produce such copy on request; provided that an authorized interstate motor carrier of property shall be exempted from the requirement that a copy of its registration be carried in each motor vehicle. (d) Operate, as an intrastate household goods carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, for which a valid lease is not on file in compliance with Section 18c-4103 of this Chapter, Commission regulations and orders. (e) Operate, as an intrastate household goods carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, which does not carry an executed copy of the lease required in paragraph (d) of this subsection; or fail to produce such copy on request. (f) Operate, as an intrastate motor carrier of property, any motor vehicle for which the carrier has not executed a prescribed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle for which the carrier has not executed a prescribed interstate cab card, with current Illinois interstate identifier affixed or printed thereon. (g) Operate, as an intrastate motor carrier of property, any motor vehicle which does not carry the properly executed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle which does not carry the properly executed interstate cab card, with current Illinois interstate identifier affixed or printed thereon. (h) Operate, as an intrastate or interstate motor carrier of property, any motor vehicle which is not identified or is not properly identified in compliance with Section 18c-4701 of this Chapter, Commission regulations and orders. (i) Operate, as an intrastate motor carrier of property, in violation of transfer requirements in Section 18c-4307 of this Chapter. (j) Provide, as an intrastate household goods carrier, service at rates other than those contained in lawfully applicable tariffs or schedules for such service. (k) Otherwise operate as a motor carrier of property in violation of any provision of this Chapter, Commission regulations and orders, or any other law of this State. (l) Aid or abet any other person in a violation of this Chapter, Commission regulations or orders, by soliciting, receiving, or compensating service from a person not authorized to provide such service, or at other than lawful rates for such service, or otherwise. (2) Provisos.

(a)

(a) Presentation of Documents at Hearing as Defense. Presentation, at hearing, of a copy of a current license or registration issued by the Commission to the carrier which was valid on the date the violation occurred shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from any penalties under paragraph (c) of subsection (1) of this Section. Presentation, at hearing, of an executed copy of the current lease in the form prescribed by and on file with the Commission shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from penalties under paragraph (d) of subsection (1) of this Section. Presentation, at hearing, of the required intrastate or interstate cab card, with the required Illinois intrastate or interstate identifier affixed or printed thereon, if valid on the date the violation occurred, and if no concurrent violations are found, shall excuse the carrier from penalties under paragraph (g) of subsection (1) of this Section. (b) Lease Form Prescribed by the Commission. A lease shall, for purposes of paragraph (d) of subsection (1) of this Section, be deemed to be in the form prescribed by the Commission if it contains all provisions called for in the Commission-prescribed lease and does not contain any provisions inconsistent therewith. (Source: P.A. 89-444, eff. 1-25-96.)

Cross-Referenced ILCS Codes