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People v. Johnson

APRIL 19, 1966.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

WESLEY JOHNSON, DEFENDANT-APPELLANT, YELLOW CAB COMPANY, INTERVENOR-APPELLANT.



Appeal from the Municipal Court of Chicago; the Hon. ALBERT H. LAPLANTE, Judge, presiding. Judgment affirmed.

MR. JUSTICE BURKE DELIVERED THE OPINION OF THE COURT.

Defendant was found guilty of violating section 18 of the Illinois Motor Carrier of Property Act by transporting personal property for hire without a certificate of public convenience and necessity and was fined $300. Ill Rev Stats 1963, c 95 1/2, par 282.18. He appeals.

The facts are undisputed. On September 10, 1964, defendant, a taxicab driver, was dispatched by radio by his employer, Yellow Cab Company, to pick up a package at a Chicago address for delivery to an air express terminal at O'Hare Airport. A fee of $5 was charged for this delivery. No passenger accompanied the package, containing machine parts, enroute to the airport. While making the delivery at the airport, defendant was apprehended by an investigator for the Illinois Commerce Commission, who issued a complaint (traffic ticket) for the transportation of personal property for hire without the necessary certificate. Neither defendant nor his employer has a certificate allowing such form of transportation for hire.

A motion to dismiss the complaint, supported by an affidavit, was filed on December 4, 1964, asserting that defendant was an agent of the Yellow Cab Company and was acting as such when arrested, that the transportation of the personal property by defendant constituted a "casual and occasional transportation of personal property" or "transportation of property incident to and in furtherance of" Yellow Cab's passenger carriage service, and that this activity is expressly exempted from the certificate requirements of the Motor Carrier of Property Act by section 3 of the Act. Ill Rev Stats 1963, c 95 1/2, par 282.3. After hearings, the motion was denied.

Defendant was tried for the violation on December 10, 1964. In addition to the foregoing evidence presented to the court, the operation's manager of the Yellow Cab Company testified that Yellow Cab drivers engage in the transportation of unaccompanied personal property on an average of 15 times per day and that this activity constitutes a very small percentage of Yellow Cab's overall daily carriage activity. On the same day as the trial, Yellow Cab Company filed a motion for leave to intervene in the cause, but no ruling was ever made on the motion.

Section 18 of the Illinois Motor Carrier of Property Act provides:

". . . it shall be unlawful for any person to operate or furnish service as a motor carrier of property on any public highways of this State, until he shall have filed an application for such authority and received from the Commission a certificate, permit or registration authorizing such operation. . . ." Ill Rev Stats 1963, c 95 1/2, par 282.18.

Section 18 further provides:

"Every person who, either individually, or acting as an officer, agent or employee of a motor carrier or of a corporation other than a motor carrier, . . . procures, aids or abets any motor carrier in violation of this Act or in his failure to obey, observe or comply with this Act, or any such order, decision, rule, regulation, direction or requirement of the Commission or any part or portion thereof, in a case in which a penalty is not otherwise provided for in this Act, is guilty of a misdemeanor. . . ." Ill Rev Stats 1963, c 95 1/2, par 282.18.

Exceptions to the certificate requirements are provided for in section 3 of the Act, *fn1 which reads:

"This Act shall not apply to: . . .

"(f) The reciprocal, casual or occasional transportation for hire of property by any person who is regularly engaged in business other than the business of transporting property of others for hire . . .

"(h) Motor vehicle transportation of property by any person incident to or in furtherance of any private commercial enterprise of such person other than the business of transporting property of others for hire. . . ." Ill Rev Stats 1963, c 95 1/2, par 282.3.

[1-3] The purpose of the Illinois Motor Carrier of Property Act is the regulation of the "business of transporting property for hire." Elgin Storage & Transfer Co. v. Perrine, 2 Ill.2d 28, 116 N.E.2d 868. ...


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