MEMORANDUM OF UNDERSTANDING
THE STATE OF ILLINOIS, a State of the United States of America, as represented by the Illinois Secretary of State
Hereinafter referred to as the “Secretary” of “Illinois”
QUÉBEC as represented by the “Ministre des Transports” and the “Ministre des Affaires internationales”
Hereinafter referred to as the “Minister” or “Québec”
WHEREAS, it is deemed desirable by the Secretary and the Minister that the free flow of commerce between Illinois and Québec by vehicle be encouraged;
NOW, THEREFORE, pursuant to and in conformity with the laws of Illinois and Québec, the Secretary and the Minister mutually agree as follows:
The following words and phrases, when used in this memorandum shall have the following meaning ascribed to them in this Acticle:
(1.1) “Commercial Vehicle”: A commercial vehicle shall mean a bus, truck, or truck-tractor, trailer, semitrailer combination having a gross weight in excess of 12,000 pounds (5,443 kg) when registered in Illinois or in excess of 4,500 kg (9,900 pounds) when registered in Québec and which is used or maintained for transportation of persons or property for-hire, compensation, profit, or in furtherance of a commercial enterprise.
(1.2) “Fleet”: One or more commercial vehicles.
(1.3) “Interstate Commerce”: Interstate commerce shall mean transportation between two or more jurisdictions or transportation originating in one jurisdiction and passing into or through other jurisdictions for delivery in another jurisdiction, and which is not intrastate.
(1.4) “Intrastate Commerce”: Intrastate commerce shall mean transportation originating at any point or place within a jurisdiction and destined to any other point or place within said jurisdiction, irrespective of the route, highway or highways traversed, and including transportation which passes into or through another jurisdiction before delivery is made within said jurisdiction, and including any act of transportation which includes or completes a pickup within the jurisdiction for delivery within the jurisdiction.
(1.5) “Lease”: A written document vesting exclusive possession, use, control and responsibility of the lessee during the periods the vehicle is operated by or for the lessee for a specific period of time.
(1.6) “Lessee”: Lessee means every person who leases a vehicle and has the legal possession of, and exclusive use and control of such vehicle.
(1.7) “Lessor”: Lessor means every person who owns a vehicle and leases said vehicle to a lessee, as defined above.
(1.8) “Principal Place of Business”: Principal place of business shall mean the place where any person transacts his principal business, or where he makes up and approves his payroll, maintains a central file of records and maintains his principal executive offices. In the event that not all of these functions are performed in one place, then that place where a majority of such functions are performed in one place where such person does in fact principally transact and control his business affairs.
(1.9) “Reciprocity”: Reciprocity means that a vehicle properly registered in and displaying plates issued by:
(a) Illinois is exempt from full registration and related plating requirements under the laws of Québec; or,
(b) Québec is exempt from full registration and related plating requirements under the laws of Illinois provided, however, such vehicle has been issued proper Illinois Reciprocity credentials.
Reciprocity also means that trailers or semi-trailers legally registered in any jurisdiction are exempt from full registration and related plating requirements, when drawn by a vehicle mentioned under subparagraph a) or b) of this paragraph.
(1.10) “Resident”: Every natural person who resides in the State of Illinois or Québec shall be deemed a resident of that jurisdiction.
(a) In the case of a firm, copartnership or association located in the State of Illinois or Québec, then such firm, copartnership or association shall be deemed a resident of that jurisdiction.
(b) In the case of a corporation, if the corporation was incorporated under the laws of the State of Illinois or Québec, or if the principal place of business of such corporation is in the State of Illinois or Québec, then such corporation shall be deemed a resident of that jurisdiction.
(1.11) “Semitrailer”: Every Road vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rest upon or is carried by another vehicle.
(1.12) “Service Representative”: Service representative means a person who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangements to a carrier for transportation of property by a household goods carrier.
(1.13) “Trailer”: Every Road vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(1.14) “Vehicle”: Every device, in upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles or other motorized snow vehicles.
(2.1) Reciprocity is granted for interjurisdiction operations to all commercial motor vehicles and to all trailers and semitrailers; reciprocity is not granted for intrajurisdiction commercial operations.
(2.2) In addition to Paragraph 2.1 above, reciprocity for intrajurisdiction operations is granted to all commercial motor vehicles and trailers operated in conjunction with such vehicles, when such vehicles are not used or maintained for the transportation of persons or property for-hire, compensation, profit, or in the furtherance of a commercial enterprise.
(2.3) In addition to Paragraphs 2.1 and 2.2, reciprocity for intrajurisdiction operations is granted to all commercial motor vehicles with camper units mounted thereon, and trailers operated in conjunction with such vehicles, when such vehicles are not used or maintained for the transportation of persons or property for-hire, compensation, profit, or in the furtherance of a commercial enterprise.
(3.1) All understandings and arrangements, oral or written, heretofore had or entered into between Illinois and Québec, the effect of which was to grant reciprocity with respect to commercial vehicles, are hereby mutually rescinded.
(3.2) This Memorandum shall not affect any reciprocal arrangement which either Illinois or Québec may have or enter into with any other state, province, or jurisdiction.
(3.3) This Memorandum does not apply to motor fuel laws and does not waive any fees or taxes, other than registration fees, charged or levied by either Illinois or Québec in connection with the ownership or operation of vehicles.
(3.4) A vehicle which is the subject of a lease must be registered in the jurisdiction of residence of the lessee, subject to the provisions of Article 1.10 of this Memorandum, provided, however, household goods carriers leasing equipment from service representatives with reciprocity privileges shall be entitled to reciprocity for interjurisdiction operation if such equipment is properly licensed for such carriage in the jurisdiction of residence of the service representative.
(3.5) This Memorandum shall not waive compliance with the insurance requirements or other filings required by either jurisdiction; and it shall not relieve any vehicle or the operator thereof from meeting required standards of all safety and traffic laws, rules, and regulations of Illinois and Québec including but not limited to weight and size requirements of vehicles.
(3.6) Special temporary permits issued by the State of Illinois or Québec to their respective residents in lieu of regular registration shall be honored by the other jurisdiction, subject to the provisions of Paragraph 3.5.
(3.7) Proper intransit plates issued by either Illinois or Québec shall be mutually recognized in accordance with the legal purpose of such plates in the jurisdiction of issuance.
(3.8) Either the State of Illinois or Québec, for good cause, may act unilaterally in denying or withdrawing reciprocal privileges to any particular resident of the other jurisdiction; however, the jurisdiction acting in accordance with this paragraph shall immediately give notice of such denial or withdrawal of benefits or privileges, and the reason for such denial or withdrawal, to the other jurisdiction.
(3.9) The State of Illinois and Québec shall, within the statutory authority of each, cooperate with the other and hereby they agree to furnish such aid and assistance to the other, as will aid in the compliance with and proper enforcement of this Memorandum as reflecting the laws of each jurisdiction.
This Memorandum shall apply only to those commercial vehicles owned or operated by bona fide residents of Illinois and Québec when such vehicles are properly registered in their respective jurisdiction of residence. In no case shall this arrangement apply to any other person.
All operations must conform to the laws and regulations of the State of Illinois and Québec and failure to do so subjects the owner and operators to prosecution and fine under the applicable statutes, of the respective jurisdictions.
This Memorandum may be amended, subject to the approval of both the State of Illinois or Québec. All such amendments shall be placed in writing and become a part hereof, and shall be effective within thirty (30) days of approval by both Illinois and Québec or as otherwise required by the laws of both jurisdictions.
This Memorandum shall continue in full force and effect from the __________ day of ____________________ and shall continue in force thereafter until cancelled by either jurisdiction upon thirty (30) days written notice to the other jurisdiction.
IN WITNESS WHEREOF the State of Illinois and Québec, acting by and through the Secretary of State and the Ministre des Transports and the Ministre des Affaires internationales, have signed and executed this Memorandum of Understanding.
Signed at Québec
this 26th day of September 1988.
Signed at ______________________________
this __________ day of ____________________ 1988.
In duplicate in the English and French languages, each text being equally authentic.
Ministre des Transports
Ministre des Affaires internationales,
STATE OF ILLINOIS
Secretary of State