Ill. Admin. Code tit. 92, § 1309.20 - Standards for Conversion of Contract to Common Authority

a) The Commission will convert a contract carrier's permit to a common carrier certificate only to the extent that evidence presented at a hearing demonstrates that the carrier has not been operating as a "contract carrier of property by motor vehicle" as defined by Section 18c-1104(8) of the Illinois Commercial Transportation Law ("the Law") (Ill. Rev. Stat. 1991, ch. 951/2, par. 18c-1104(8)), but has been operating as a common carrier of property by motor vehicle as defined by Section 18c-4206 of the Law.

b) If it appears from the evidence that the contract carrier has been operating both as a common and a contract carrier, the Commission will determine whether it would be consistent with the public interest for the carrier to hold both common and contract authority, as required by Section 18c-4206 of the Law.

c) The burden of proving that contract authority should be converted to common authority shall be borne by the party initiating the proceeding.

Notes

Ill. Admin. Code tit. 92, § 1309.20