The applicant shall present clear and convincing evidence by
information contained in the application for authority, personal testimony, and
testimony of supporting shippers, that fitness has been established for the
issuance of the requested authority. In determining whether the applicant is
fit to operate as an intrastate motor carrier of property, the Illinois
Commerce Commission shall consider the following factors:
a) Whether the applicant possesses, or can
acquire, equipment and facilities of a type required for the transport of the
commodities requested, at the shipment levels specified in the applicant's
shipper support statements, as evidenced by a description, submitted with the
application, of the equipment to be used by the applicant in the conduct of
intrastate transportation (which shall include equipment which is currently
owned by the applicant, leased by the applicant, or is to be otherwise acquired
by the applicant);
b) Whether the
applicant has established a safety, training, and maintenance program,
including any policies regarding traffic citations issued against drivers and
any refresher/remedial training courses required of drivers.
c) Safety Record
1) The applicant's safety record as evidenced
by a certification or record from the Bureau of Motor Carrier Safety of the
United States Department of Transportation, the Illinois Department of
Transportation, or the appropriate regulatory body of another state, setting
forth:
A) any motor carrier safety citations
issued against the applicant during the three years preceding application;
and
B) whether the file contains
any record of any disciplinary action, taken or pending, during the three years
preceding application;
2) The Commission will examine citations and
disciplinary actions to determine whether a pattern of violations exists and to
review the severity of the violations.
d) The conviction of the applicant of a crime
punishable by death or imprisonment in excess of one year under the law under
which he was convicted, or a crime involving dishonesty or false statement
regardless of the punishment. The Commission will consider the type of crime,
when the crime occurred, and the age of the applicant at the time of the
incident.
e) For purposes of
subsection (d) "applicant" shall mean proprietor(s), partners, or, in the case
of a corporation, the directors, the corporate officers, and anyone holding in
excess of 10% of the corporation's voting stock.
f) Financial condition of the applicant as
represented by the completed financial statement (Supporting Document FIS,
consisting of balance sheet and projected income statement) included with the
application. Evidence will be required at hearing to corroborate the
information provided in the financial statement with the information in the
shipper support statements.
g)
Whether the applicant is currently, or has been the subject of civil penalty
action by the Commission. In determining whether to grant authority to an
applicant who is currently, or has been the subject of prior civil penalty
action the Commission shall consider:
1)
whether the violations were knowing and willful;
2) whether the violations caused economic
harm to authorized carriers;
3)
whether a pattern of violations exists;
4) the applicant's cooperation in resolving
previous violations; and
5) whether
the applicant is delinquent in paying a monetary settlement or civil penalty
assessed by the Commission.
