a) Each relocator shall maintain a file of
all written authorizations to relocate vehicles, and of contracts relating to
the relocation of vehicles.
b) Each
contract between a relocator and one or more property owners, lessees or agents
shall state:
1) The name of the relocator and
all other parties to the contract;
2) The location of each property to which the
contract applies;
3) A description
of all services to be provided by the relocator; and
4) A description of all compensation to be
received by the relocator.
c) Each contract shall also provide that:
1) Signs posted on the property in compliance
with this Part are the property of the relocator;
2) The relocator has the right to enter the
property for purposes of posting and removing signs;
3) The contract shall not be terminated
except on 10 days notice; and
4)
The contract is the exclusive statement of terms between the parties.
d) The provisions required under
subsection (c) shall be implied if not expressly stated in the
contract.
e) The provisions of
subsections (c)(1) and (c)(2) shall remain in effect until all signs have been
removed by the relocator, notwithstanding the termination of the contract for
other purposes.
f) Contract
Summary.
1) No authorization to tow or
contract shall be effective until a completed copy of the Commission's
Relocator Contract Summary form covering the authorization or contract has been
electronically filed with and accepted by the Commission.
2) Only one authorization to tow or contract
shall be in effect for any lot at any time. No other authorization or contract
shall become effective until the prior authorization has been cancelled and
notice of cancellation is filed with the Commission.
3) Relocator Contract Summaries shall be
filed electronically with the Commission. Summaries shall state whether
trespassing vehicles will be removed from the property on a patrol basis or
only when contacted by the property owner, lessee or agent. When a contract
permits removal of trespassing vehicles by both a property owner's request and
a patrol basis, the relocator shall file that contract as a patrol contract.
When one authorization to tow applies to multiple parking lot locations, each
address shall be filed electronically with the Commission.
4) Notices of cancellation shall be filed
with the Commission, by first class U.S. mail or hand delivery, at the
following address:
Illinois Commerce Commission Police
9511 West Harrison Street
Des Plaines, Illinois 60016
g) Relocators shall, at least once prior to
December 31, 2013 and once during each 3 year period thereafter, attempt to
contact the property owners, lessees and agents under contract with the
relocator to update their contract files, and shall update information on file
with the Commission if updated information is obtained through this process.
Relocators shall document their efforts to contact property owners, lessees and
agents.
h) Written authorization to
relocate vehicles shall continue in effect, notwithstanding a change in
ownership or management of the property, until the contract is cancelled by
filing a Notice of Cancellation in accordance with Section
1710.91(f)(4).
Any authorization to tow or contract entered into with a property
owner,
lessee
or agent after November 1, 2010 shall contain a printed statement that:
"This authorization to relocate vehicles shall continue in
effect notwithstanding a change in ownership or management of the property
until the contract is cancelled by filing a Notice of Cancellation in
accordance with Section
1710.91(f)(4)."