Ill. Admin. Code tit. 92, § 1360.40 - Lease Terms and Conditions
a)
Required terms and information. A lease subject to this Part must specify the
information set forth in this subsection.
1)
Identifying information
A) Parties. The lease
must show the full legal name of the carrier-lessee, as it appears on the
carrier's Commission license; the full legal name of the equipment
owner-lessor; and the mailing address of each, including street address, city,
state, and zip code.
B) Vehicle.
The lease must show the type, make, year, and vehicle identification number of
the motor vehicle which is subject to the lease.
2) Term of the lease. The lease must specify
the dates or the circumstances which begin and end the term of the lease. The
term of the lease shall coincide with the times for giving receipts for the
equipment as required in subsection (b). The term of the lease shall not exceed
3 years.
3) Compensation to owner
and drivers. The lease must specify both the amount and the method of computing
the compensation to be paid by the carrier-lessee to the equipment owner.
Compensation may be stated either jointly or separately for equipment and
drivers. The lease must also specify any documents which must be presented by
the lessor before he can receive payment.
4) Responsibility for expenses. The lease
must specify the responsibility of the lessee and the lessor for payment of
expenses incurred in providing transportation service, either directly or
through deductions (chargebacks) from compensation specified in subsection
(b)(3). Expenses not expressly made the responsibility of the lessor shall be
the responsibility of the lessee. The lease must also specify any documents to
be submitted by either party in relation to payment or reimbursement of
expenses. Expenses covered under this subsection include:
A) Fuel costs;
B) Fuel and other taxes;
C) Empty mileage;
D) Licenses, permits, plates, and decals of
all types except permits issued by the Commission;
E) Tolls and other fees, except those fees
paid to the Commission;
F)
Insurance and surety coverage (including responsibility for primary
insurance);
G) Rentals or other
payments to the carrier; and
H) Any
other expenses related to the transportation.
5) Supplemental insurance coverage. The lease
must specify which party is responsible for securing and paying for, either
directly or indirectly, any other insurance or surety coverage in addition to
amounts required by Articles IV through IX of Sub-Chapter 4 of the Law (Ill.
Rev. Stat. 1985, ch. 951/2, pars. 18c-4401 to 18c-4905) or 92 Ill. Adm. Code
1425. If the lessor purchases any such insurance from or through the lessee,
the lessee shall provide the lessor, on request, a copy of the policy
(policies) and a certificate of insurance showing the name of the insurance
company, the policy number, amounts and types of coverage, effective dates of
coverage, deductible amounts, and the cost of the coverage.
6) Loss or damages. The lease must specify
the conditions under which the lessor may be required to indemnify the lessee
for personal injury, property damage, or loss of or damage to cargo. If
indemnification is made through deductions from compensation otherwise owed to
the lessor, a written itemization and explanation of deductions must be
provided to the lessor before any deductions are made.
b) Implied terms. The following terms, if not
stated in a lease, shall be implied. Any contrary provisions in the lease shall
be void.
1) Exclusive possession and control.
The lessee shall have exclusive possession and control of leased equipment
during all periods when the equipment is operated under the lease. Such
exclusive possession and control shall extend also to the drivers of leased
equipment.
2) Insurance coverage.
The lessee shall have the responsibility for securing insurance or surety
coverage in compliance with Sub-chapter 4 of the Law and 92 Ill. Adm. Code
1425.
3) Payment deadline. Payment
of compensation due under a lease must be made within 15 days after submission
of any documents specified under subsection (a)(3).
4) Pre-conditions to lease. The lessor is not
required to purchase, rent, or lease any goods (including equipment) or
services from the lessee as a condition of the lease or of entering into or not
cancelling the lease.
5) Other
obligations of lessee.
A) Copy of lease.
Prior to commencement of operations under a lease, the lessee shall provide the
lessor a completed copy of the lease and proof of its transmittal to the
Commission.
B) Copy of rated
freight bill. If compensation is based on information shown on the bill, the
lessee shall provide the lessor with a copy of the rated freight bill at the
time compensation for the movement is paid to the lessor. The lessee may delete
the names of shippers, consignors, and consignees from the bill.
C) Examination of tariff. If the lessor
requests it, the lessee shall allow an examination of its tariffs.
6) Any term of a lease which
conflicts with the Illinois Commercial Transportation Law, Commission rules, or
Commission orders is void.
Notes
Amended at 17 Ill. Reg. 18466, effective October 12, 1993
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.