Ill. Admin. Code tit. 92, § 1710.150 - Leasing Requirements
Licensed relocators may perform relocation towing with equipment they do not own only in accordance with the provisions of this Subpart.
a) Each lease must be
executed on the lease form provided by the Commission.
b) A lease subject to this Part must be
between the owner of the equipment (the lessor) and the relocator to which the
equipment is leased (the lessee). The lease must be signed by each party or its
authorized representative.
c) The
original and 2 copies of each completed (signed and dated) lease to which this
Part applies must be filed with the Commission's Transportation Division at the
following address:
Illinois Commerce Commission
Transportation Division
9511 West Harrison Street
Des Plaines, Illinois 60016
d) A filing fee as prescribed in Section
1710.160 of this Part shall be
remitted with each lease.
e) No
operations shall be conducted under a lease to which this Part applies until a
copy of the completed lease has been filed with Commission at the address
specified in subsection (c).
f)
When the lessee takes or relinquishes possession of the equipment, the
relocator shall give the owner of the equipment a receipt stating the date and
time of day possession is transferred.
g) During the period of the lease, the lessee
shall identify the equipment by attaching a placard with the identification of
the lessee in compliance with Section
1710.60. A copy of the approved
executed lease shall be carried in each piece of equipment covered by the
lease.
h) A copy of the completed
written lease shall be retained as part of the lessee's records.
i) The term of the lease shall not exceed 3
years. In the event that a relocator wishes to cancel a lease prior to the
expiration date, the relocator may file a notice of cancellation with the
Commission at the address in subsection (c). Otherwise, the lease shall remain
in effect until the expiration date stated in the lease or at the end of 3
years, whichever occurs first.
j)
In the event that the license held by the lessee is revoked, the lease shall no
longer be valid.
k) In the event
that the lessee undergoes a name change, the lease shall be void from the date
of the name change unless the lessee files an amendment to the lease showing
the changes.
l) Any term of a lease
that conflicts with the Illinois Commercial Transportation Law, Commission
rules or Commission orders is void.
Notes
Amended at 34 Ill. Reg. 18470, effective January 1, 2011
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