Section 1306.10  Intrastate Commerce

 

a)         "Intrastate Commerce," as defined in Section 18c-1104 of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-1104), includes:

 

1)         Movements between 2 points in Illinois which precede or follow interstate movements, provided that the movements are to or from a place of storage or distribution point or local marketing facility from which specific amounts of the commodity are sold or allocated.

 

2)         Movements between 2 points in Illinois which precede or follow an interstate movement, provided that transportation within Illinois is specifically arranged for only after sale or allocation.

 

3)         Movements between 2 points in Illinois in which the preceding movement is interstate commerce performed by exempt or private carriage, unless both the interstate movement in exempt or private carriage and the subsequent movement between 2 points in Illinois were on a through bill of lading issued prior to the inception of either movement.

 

4)         Movements between 2 points in Illinois which have been preceded by a movement by rail in which the commodity being transported has never left the boundaries of the State of Illinois.

 

5)         Movements between 2 points in Illinois which have been preceded by a movement by air in which the commodity being transported has never been off-loaded in another state.

 

6)         Any movement between 2 points in Illinois taken out of the state to evade state jurisdiction.

 

b)         In determining whether a movement was taken out of state to evade state jurisdiction, the Illinois Commerce Commission shall consider:

 

1)         The locations of the carrier's in-state and out-of-state terminals, if any;

 

2)         The circuity of the movement;

 

3)         Any delay in completing the movement caused by taking it out of state; and

 

4)         Any operational justification offered by the carrier which engaged in the movement.

 

c)         The above movements are included in the definition of "intrastate commerce" whether such commerce moves wholly by motor carrier of property or partly by any other mode of transportation.

 

Section 1306.20  Exceptions from Illinois Commerce Commission Jurisdiction Pursuant to Section 18c-4102 of the Law

 

a)         "Transportation provided exclusively for the United States Postal Service" means transportation of mail under contract with the United States Postal Service (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4102 ("Section 18c-4102")).

 

b)         "Transportation of agricultural commodities by an agricultural cooperative association as defined in the Illinois Agricultural Cooperative Act, as amended" means transportation, by a licensed agricultural cooperative association, of commodities used for or produced by agricultural operations which have been sold by or purchased by a licensed agricultural cooperative association (Section 18c-4102).

 

c)         "Transportation of farm or dairy products, livestock, poultry, fruits and agricultural products, by the producer thereof or by a producer on behalf of other producers from farm to a farm, market, warehouse, dairy or shipping terminal" means transportation of the enumerated commodities (as defined in 92 Ill. Adm. Code 1460 with "agricultural products" construed to mean agricultural commodities produced on a farm) from a farm where they were produced to another farm or to a market, warehouse, dairy or shipping terminal, by the farmer on whose farm the commodities were produced, or by another farmer on behalf of said farmer for which no monetary compensation is paid or received (Section 18c-4102).

 

d)         "Transportation of motorized self-propelled machinery used in the production of agricultural commodities on a farm, where the transportation is provided by the owner of the machinery or another farmer as an incident to the business of farming" means for-hire transportation by means of an implement of husbandry (Section 18c-4102).

 

e)         "Transportation of trespassing vehicles by a commercial vehicle relocator" means transportation subject to the jurisdiction of the Illinois Commerce Commission under the Illinois Commercial Relocation of Trespassing Vehicles Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18a-100 et seq.) (Section 18c-4102).

 

f)         "Transportation of newspapers in non-commercial motor vehicles operated by the owners of the vehicle for the incidental purpose of delivering newspapers" means transportation of newspapers in the driver's personal automobile for purposes of delivery to subscribers and other customers (Section 18c-4102).

 

g)         "Transportation of non-hazardous waste having no commercial value to a disposal site" means transportation of a commodity having no value to the person requesting or authorizing removal or disposition to a dump, landfill, incinerator, or other disposal site for disposal (Section 18c-4102).

 

h)         "Transportation incidental to and within the scope of the person's primary business purpose...other than transportation" means transportation necessary to further a non-transportation primary business of the person providing the transportation, originating at or destined to a facility of the person providing the transportation (Section 18c-4102).