(a)Definitions. For purposes of this Section: "Equipment interchange agreement" means a written document executed by the intermodal equipment provider and operator at the time the equipment is interchanged by the provider to the operator. "Equipment provider" is the owner of an intermodal trailer, chassis, or container. This includes any forwarding company, water carrier, steamship line, railroad, vehicle equipment leasing company, and their subsidiary or affiliated companies owning the equipment. "Federal motor carrier safety regulations" means regulations promulgated by the United States Department of Transportation governing the condition and maintenance of commercial motor vehicles contained in Title 49 of the United States Code of Federal Regulations on the day of enactment of this A
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(a) Definitions. For purposes of this Section: "Equipment interchange agreement" means a written document executed by the intermodal equipment provider and operator at the time the equipment is interchanged by the provider to the operator. "Equipment provider" is the owner of an intermodal trailer, chassis, or container. This includes any forwarding company, water carrier, steamship line, railroad, vehicle equipment leasing company, and their subsidiary or affiliated companies owning the equipment. "Federal motor carrier safety regulations" means regulations promulgated by the United States Department of Transportation governing the condition and maintenance of commercial motor vehicles contained in Title 49 of the United States Code of Federal Regulations on the day of enactment of this Act or as amended or revised by the United States Department of Transportation thereafter. "Interchange" means the act of providing a vehicle to a motor carrier by an equipment provider for the purpose of transporting the vehicle for loading or unloading by another party or the repositioning of the vehicle for the benefit of the equipment provider. "Interchange" does not include the leasing of the vehicle by a motor carrier from an owner-operator pursuant to subpart B of Part 376 of Title 49 of the Code of Federal Regulations or the leasing of a vehicle to a motor carrier for use in the motor carrier's over-the-road freight hauling operations. "Operator" means a motor carrier or driver of a commercial motor vehicle. "Vehicle" means an intermodal trailer, chassis, or container. (b) Responsibility of equipment provider. An equipment provider shall not interchange or offer for interchange a vehicle with an operator for use on a highway which vehicle is in violation of the requirements contained in the federal motor carrier safety regulations. It is the responsibility of the equipment provider to inspect and, if a vehicle at the time of inspection does not comply with all federal motor carrier safety regulation requirements, perform the necessary repairs on, all vehicles prior to interchange or offering for interchange. (c) Duty of inspection by the operator. Before interchanging a vehicle with an operator, an equipment provider must provide the operator the opportunity and facilities to perform a visual inspection of the equipment. The operator must determine if it complies with the provisions of the federal motor carrier safety regulation capable of being determined from an inspection. If the operator determines that the vehicle does not comply with the provisions of the federal motor carrier safety regulations, the equipment provider shall immediately perform the necessary repairs to the vehicle so that it complies with the federal motor carrier safety regulations or shall immediately provide the operator with another vehicle. (d) Presumption of defect prior to interchange. (1) If as a result of a roadside inspection by the Illinois State Police, any of the defects listed in paragraph (2) are discovered, a rebuttable presumption existed at the time of the interchange. If a summons or complaint is issued to the operator, the operator may seek relief pursuant to paragraph (3). (2) A rebuttable presumption exists that the following defects were present at the time of the interchange: (A) There is a defect with the brake drum when: (I) the drum cracks; (II) the lining is loose or missing; or (III) the lining is saturated with oil. (B) There is a defect of inoperative brakes when: (I) there is no movement of any components; (II) there are missing, broken, or loose components; or (III) there are mismatched components. (C) There is a defect with the air lines and tubing when: (I) there is a bulge and swelling; (II) there is an audible air leak; or (III) there are air lines broken, cracked, or crimped. (D) There is a defect with the reservoir tank when there is any separation of original attachment points. (E) There is a defect with the frames when: (I) there is any cracked, loose, sagging, or broken frame members which measure one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange; or (II) there is any condition which causes moving parts to come in contact with the frame. (F) There is an electrical defect when wires are chaffed. (G) There is a defect with the wheel assembly when: (I) there is low or no oil; (II) there is oil leakage on brake components; (III) there are lug nuts that are loose or missing; or (IV) the wheel bearings are not properly maintained. (H) There is a defect with the tires when: (I) there is improper inflation; (II) there is tire separation from the casing; or (III) there are exposed plys or belting material. (I) There is defect with rim cracks when: (I) there is any circumferential crack, except a manufactured crack; or (II) there is a lock or side ring cracked, bent, broken, sprung, improperly seated, or mismatched. (J) There is a defect with the suspension when: (I) there are spring assembly leaves broken, missing, or separated; or (II) there are spring hanger, u-bolts, or axle positioning components cracked, broken loose, or missing. (K) There is a defect with the chassis locking pins when there is any twist lock or fitting for securement that is sprung, broken, or improperly latched. (3) If an operator receives a citation for a violation due to a defect in any equipment specified in subsection (d)(2), the equipment provider shall reimburse the operator for any: (A) fines and costs, including court costs and reasonable attorneys fees, incurred as a result of the citation; and (B) costs incurred by the operator to repair the defects specified in the citation, including any towing costs incurred. The equipment provider shall reimburse the operator within 30 days of the final court action. If the equipment provider fails to reimburse the operator within 30 days, the operator has a civil cause of action against the equipment provider. (e) Fines and penalties. Any person violating the provisions of this Section shall be fined no less than $50 and no more than $500 for each violation. (f) Obligation of motor carrier. Nothing in this Section is intended to eliminate the responsibility and obligation of a motor carrier and operator to maintain and operate vehicles in accordance with the federal motor carrier safety regulations and applicable State and local laws and regulations. (g) This Section shall not be applied, construed, or implemented in any manner inconsistent with, or in conflict with, any provision of the federal motor carrier safety regulations.