Bill Text: IL HB0292 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the School Code to provide that school districts must provide instruction in relation to the laws regarding the operation of all-terrain vehicles and off-highway motorcycles in grades kindergarten through 12 and contains provisions regarding such instruction. Provides that driver education courses must provide instruction on safety rules and operation of all-terrain vehicles and off-highway motorcycles. Amends the Illinois Vehicle Code to prohibit any use of all-terrain vehicles or off-highway vehicles on roads. Provides that the Secretary of State may suspend a person's driver's license for 6 months for a violation of provisions relating to the illegal use of all-terrain vehicles and off-highway motorcycles on streets and for riding an all-terrain vehicle or off-highway motorcycle as a passenger. Provides that it is illegal to operate an all-terrain vehicle or off-highway motorcycle if the operator is under the age of 16, does not have a valid driver's license, or is not wearing a properly fitted helmet secured to the person's head. Provides that a person must demonstrate knowledge of all-terrain vehicle and off-highway motorcycle laws on the written examination for a driver's license, and provides that information relating to all-terrain vehicle and off-highway motorcycle laws must be contained in publications of the "Rules of the Road" by the Secretary of State and "Laws for Youth" by the Legislative Research Unit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0292 Detail]
Download: Illinois-2011-HB0292-Introduced.html
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1 | AN ACT concerning all-terrain vehicles, which may be | ||||||||||||||||||||||||
2 | referred to as Lacee's Law.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
6 | 27-24.2 and by adding Section 27-23.11 as follows:
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7 | (105 ILCS 5/27-23.11 new) | ||||||||||||||||||||||||
8 | Sec. 27-23.11. Education on all-terrain vehicle and | ||||||||||||||||||||||||
9 | off-highway motorcycle laws. School districts shall provide | ||||||||||||||||||||||||
10 | instruction in relation to the laws regarding the operation of | ||||||||||||||||||||||||
11 | all-terrain vehicles, as defined by Section 1-101.8 of the | ||||||||||||||||||||||||
12 | Illinois Vehicle Code, and off-highway motorcycles, as defined | ||||||||||||||||||||||||
13 | by Section 1-153.1 of the Illinois Vehicle Code, in grades | ||||||||||||||||||||||||
14 | kindergarten through 12 and shall include such instruction in | ||||||||||||||||||||||||
15 | social studies, American government, driver education, or | ||||||||||||||||||||||||
16 | other appropriate courses of study. The instruction shall | ||||||||||||||||||||||||
17 | emphasize that the illegal operation of all-terrain vehicles | ||||||||||||||||||||||||
18 | and off-highway motorcycles presents a serious safety hazard to | ||||||||||||||||||||||||
19 | persons who operate all-terrain vehicles and off-highway | ||||||||||||||||||||||||
20 | motorcycles in violation of the laws of this State. The State | ||||||||||||||||||||||||
21 | Board of Education may assist in the development of | ||||||||||||||||||||||||
22 | instructional materials and teacher training in relation to | ||||||||||||||||||||||||
23 | all-terrain vehicle and off-highway motorcycle laws.
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1 | (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
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2 | Sec. 27-24.2. Safety education; driver education course. | ||||||
3 | Instruction shall be given in safety education in each of | ||||||
4 | grades one though 8, equivalent to one class period each week, | ||||||
5 | and any school district which maintains
grades 9 through 12 | ||||||
6 | shall offer a driver education course in any such school
which | ||||||
7 | it operates. Its curriculum shall include content dealing with | ||||||
8 | Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, | ||||||
9 | the rules adopted pursuant to those Chapters insofar as they | ||||||
10 | pertain to the operation of motor vehicles, and the portions of | ||||||
11 | the Litter Control Act relating to the operation of motor | ||||||
12 | vehicles. The course of instruction given in grades 10 through | ||||||
13 | 12 shall include an emphasis on the development of knowledge, | ||||||
14 | attitudes, habits, and skills necessary for the safe operation | ||||||
15 | of motor vehicles, including motorcycles insofar as they can be | ||||||
16 | taught in the classroom, and instruction on distracted driving | ||||||
17 | as a major traffic safety issue. In addition, the course shall | ||||||
18 | include instruction on special hazards existing at and required | ||||||
19 | safety and driving precautions that must be observed at | ||||||
20 | emergency situations, highway construction and maintenance | ||||||
21 | zones, and railroad crossings and the approaches thereto. The | ||||||
22 | course of instruction required of each eligible student at the | ||||||
23 | high school level shall consist of a minimum of 30 clock hours | ||||||
24 | of classroom instruction and a minimum of 6 clock hours of | ||||||
25 | individual behind-the-wheel instruction in a dual control car |
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1 | on public roadways taught by a driver education instructor | ||||||
2 | endorsed by the State Board of Education. Both the classroom | ||||||
3 | instruction part and the practice driving
part of such driver | ||||||
4 | education course shall be open to a resident or
non-resident | ||||||
5 | student attending a non-public school in the district wherein | ||||||
6 | the
course is offered. Each student attending any public or | ||||||
7 | non-public high school
in the district must receive a passing | ||||||
8 | grade in at least 8 courses during the
previous 2 semesters | ||||||
9 | prior to enrolling in a driver education course, or the
student | ||||||
10 | shall not be permitted to enroll in the course; provided that | ||||||
11 | the local
superintendent of schools (with respect to a student | ||||||
12 | attending a public high
school in the district) or chief school | ||||||
13 | administrator (with respect to a
student attending a non-public | ||||||
14 | high school in the district) may waive the
requirement if the | ||||||
15 | superintendent or chief school administrator, as the case
may | ||||||
16 | be, deems it to be in the best interest of the student. A | ||||||
17 | student may be allowed to commence the
classroom instruction | ||||||
18 | part of such driver education course prior to reaching
age 15 | ||||||
19 | if such student then will be eligible to complete the entire | ||||||
20 | course
within 12 months after being allowed to commence such | ||||||
21 | classroom instruction.
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22 | Such a course may be commenced immediately after the | ||||||
23 | completion of a prior
course. Teachers of such courses shall | ||||||
24 | meet the certification requirements of
this Act and regulations | ||||||
25 | of the State Board as to qualifications. Such a driver | ||||||
26 | education course must include classroom instruction on
the |
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1 | safety rules and operation of all-terrain vehicles and | ||||||
2 | off-highway motorcycles.
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3 | Subject to rules of the State Board of Education, the | ||||||
4 | school district may charge a reasonable fee, not to exceed $50, | ||||||
5 | to students who participate in the course, unless a student is | ||||||
6 | unable to pay for such a course, in which event the fee for | ||||||
7 | such a student must be waived. The total amount from driver | ||||||
8 | education fees and reimbursement from the State for driver | ||||||
9 | education must not exceed the total cost of the driver | ||||||
10 | education program in any year and must be deposited into the | ||||||
11 | school district's driver education fund as a separate line item | ||||||
12 | budget entry. All moneys deposited into the school district's | ||||||
13 | driver education fund must be used solely for the funding of a | ||||||
14 | high school driver education program approved by the State | ||||||
15 | Board of Education that uses driver education instructors | ||||||
16 | endorsed by the State Board of Education. | ||||||
17 | (Source: P.A. 95-339, eff. 8-21-07; 96-734, eff. 8-25-09.)
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18 | Section 10. The Illinois Vehicle Code is amended by | ||||||
19 | changing Sections 6-109, 6-206, 11-1426.1, and 11-1427 and by | ||||||
20 | adding Section 11-1427.6 as follows:
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21 | (625 ILCS 5/6-109)
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22 | Sec. 6-109. Examination of Applicants. | ||||||
23 | (a) The Secretary of State shall examine every applicant | ||||||
24 | for a driver's
license or permit who has not been previously |
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1 | licensed as a driver under the
laws of this State or any other | ||||||
2 | state or country, or any applicant for renewal
of such driver's | ||||||
3 | license or permit when such license or permit has been expired
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4 | for more than one year. The Secretary of State shall, subject | ||||||
5 | to the
provisions of paragraph (c), examine every licensed | ||||||
6 | driver at least every 8
years, and may examine or re-examine | ||||||
7 | any other applicant or licensed driver,
provided that during | ||||||
8 | the years 1984 through 1991 those drivers issued a license
for | ||||||
9 | 3 years may be re-examined not less than every 7 years or more | ||||||
10 | than every
10 years. | ||||||
11 | The Secretary of State shall require the testing of the | ||||||
12 | eyesight of any
driver's license or permit applicant who has | ||||||
13 | not been previously licensed
as a driver under the laws of this | ||||||
14 | State and shall promulgate rules and
regulations to provide for | ||||||
15 | the orderly administration of all the provisions of
this | ||||||
16 | Section. | ||||||
17 | The Secretary of State shall include at least one test | ||||||
18 | question that concerns the provisions of the Pedestrians with | ||||||
19 | Disabilities Safety Act in the question pool used for the | ||||||
20 | written portion of the drivers license examination within one | ||||||
21 | year after July 22, 2010 ( the effective date of Public Act | ||||||
22 | 96-1167) this amendatory Act of the 96th General Assembly . | ||||||
23 | (b) Except as provided for those applicants in paragraph | ||||||
24 | (c), such
examination shall include a test of the applicant's
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25 | eyesight, his ability to read and understand official traffic | ||||||
26 | control devices,
his knowledge of safe driving practices and |
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1 | the traffic and all-terrain vehicle and off-highway motorcycle | ||||||
2 | laws of this State,
and may include an actual demonstration of | ||||||
3 | the applicant's ability to exercise
ordinary and reasonable | ||||||
4 | control of the operation of a motor vehicle, and
such further | ||||||
5 | physical and mental examination as the Secretary of State finds
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6 | necessary to determine the applicant's fitness to operate a | ||||||
7 | motor vehicle
safely on the highways, except the examination of | ||||||
8 | an applicant 75 years
of age or older shall include an actual | ||||||
9 | demonstration of the applicant's
ability to exercise ordinary | ||||||
10 | and reasonable control of the operation of
a motor vehicle. All | ||||||
11 | portions of written and verbal examinations under
this Section, | ||||||
12 | excepting where the English language appears on facsimiles
of | ||||||
13 | road signs, may be given in the Spanish language and, at the | ||||||
14 | discretion
of the Secretary of State, in any other language as | ||||||
15 | well as in English upon
request of the examinee. Deaf persons | ||||||
16 | who are otherwise qualified are not
prohibited from being | ||||||
17 | issued a license, other than a commercial driver's
license, | ||||||
18 | under this Code. | ||||||
19 | (c) Re-examination for those applicants who at the time of | ||||||
20 | renewing their
driver's license possess a driving record devoid | ||||||
21 | of any convictions of traffic
violations or evidence of | ||||||
22 | committing an offense
for which mandatory revocation
would be | ||||||
23 | required upon conviction pursuant to Section 6-205 at the time
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24 | of renewal shall be in a manner prescribed by the Secretary
in | ||||||
25 | order to determine an applicant's ability to safely operate a | ||||||
26 | motor
vehicle,
except that every applicant for the renewal of a |
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1 | driver's license who is
75 years of age or older must prove, by | ||||||
2 | an actual demonstration,
the applicant's ability to exercise | ||||||
3 | reasonable care in the safe operation
of a motor vehicle. | ||||||
4 | (d) In the event the applicant is not ineligible under the | ||||||
5 | provisions of
Section 6-103 to receive a driver's license, the | ||||||
6 | Secretary of State
shall make provision for giving an | ||||||
7 | examination, either in the county where
the applicant resides | ||||||
8 | or at a place adjacent thereto reasonably convenient
to the | ||||||
9 | applicant, within not more than 30 days from the date said
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10 | application is received. | ||||||
11 | (e) The Secretary of State may adopt rules regarding the | ||||||
12 | use of foreign language interpreters during the application and | ||||||
13 | examination process. | ||||||
14 | (Source: P.A. 96-1167, eff. 7-22-10; 96-1231, eff. 7-23-10; | ||||||
15 | revised 9-2-10.)
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16 | (625 ILCS 5/6-206)
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17 | (Text of Section before amendment by P.A. 96-1344 ) | ||||||
18 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
19 | license or
permit; Right to a hearing.
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20 | (a) The Secretary of State is authorized to suspend or | ||||||
21 | revoke the
driving privileges of any person without preliminary | ||||||
22 | hearing upon a showing
of the person's records or other | ||||||
23 | sufficient evidence that
the person:
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24 | 1. Has committed an offense for which mandatory | ||||||
25 | revocation of
a driver's license or permit is required upon |
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1 | conviction;
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2 | 2. Has been convicted of not less than 3 offenses | ||||||
3 | against traffic
regulations governing the movement of | ||||||
4 | vehicles committed within any 12
month period. No | ||||||
5 | revocation or suspension shall be entered more than
6 | ||||||
6 | months after the date of last conviction;
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7 | 3. Has been repeatedly involved as a driver in motor | ||||||
8 | vehicle
collisions or has been repeatedly convicted of | ||||||
9 | offenses against laws and
ordinances regulating the | ||||||
10 | movement of traffic, to a degree that
indicates lack of | ||||||
11 | ability to exercise ordinary and reasonable care in
the | ||||||
12 | safe operation of a motor vehicle or disrespect for the | ||||||
13 | traffic laws
and the safety of other persons upon the | ||||||
14 | highway;
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15 | 4. Has by the unlawful operation of a motor vehicle | ||||||
16 | caused or
contributed to an accident resulting in injury | ||||||
17 | requiring
immediate professional treatment in a medical | ||||||
18 | facility or doctor's office
to any person, except that any | ||||||
19 | suspension or revocation imposed by the
Secretary of State | ||||||
20 | under the provisions of this subsection shall start no
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21 | later than 6 months after being convicted of violating a | ||||||
22 | law or
ordinance regulating the movement of traffic, which | ||||||
23 | violation is related
to the accident, or shall start not | ||||||
24 | more than one year
after
the date of the accident, | ||||||
25 | whichever date occurs later;
| ||||||
26 | 5. Has permitted an unlawful or fraudulent use of a |
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1 | driver's
license, identification card, or permit;
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2 | 6. Has been lawfully convicted of an offense or | ||||||
3 | offenses in another
state, including the authorization | ||||||
4 | contained in Section 6-203.1, which
if committed within | ||||||
5 | this State would be grounds for suspension or revocation;
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6 | 7. Has refused or failed to submit to an examination | ||||||
7 | provided for by
Section 6-207 or has failed to pass the | ||||||
8 | examination;
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9 | 8. Is ineligible for a driver's license or permit under | ||||||
10 | the provisions
of Section 6-103;
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11 | 9. Has made a false statement or knowingly concealed a | ||||||
12 | material fact
or has used false information or | ||||||
13 | identification in any application for a
license, | ||||||
14 | identification card, or permit;
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15 | 10. Has possessed, displayed, or attempted to | ||||||
16 | fraudulently use any
license, identification card, or | ||||||
17 | permit not issued to the person;
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18 | 11. Has operated a motor vehicle upon a highway of this | ||||||
19 | State when
the person's driving privilege or privilege to | ||||||
20 | obtain a driver's license
or permit was revoked or | ||||||
21 | suspended unless the operation was authorized by
a | ||||||
22 | monitoring device driving permit, judicial driving permit | ||||||
23 | issued prior to January 1, 2009, probationary license to | ||||||
24 | drive, or a restricted
driving permit issued under this | ||||||
25 | Code;
| ||||||
26 | 12. Has submitted to any portion of the application |
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1 | process for
another person or has obtained the services of | ||||||
2 | another person to submit to
any portion of the application | ||||||
3 | process for the purpose of obtaining a
license, | ||||||
4 | identification card, or permit for some other person;
| ||||||
5 | 13. Has operated a motor vehicle upon a highway of this | ||||||
6 | State when
the person's driver's license or permit was | ||||||
7 | invalid under the provisions of
Sections 6-107.1 and
6-110;
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8 | 14. Has committed a violation of Section 6-301, | ||||||
9 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
10 | of the Illinois Identification Card
Act;
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11 | 15. Has been convicted of violating Section 21-2 of the | ||||||
12 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
13 | vehicles in which case, the suspension
shall be for one | ||||||
14 | year;
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15 | 16. Has been convicted of violating Section 11-204 of | ||||||
16 | this Code relating
to fleeing from a peace officer;
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17 | 17. Has refused to submit to a test, or tests, as | ||||||
18 | required under Section
11-501.1 of this Code and the person | ||||||
19 | has not sought a hearing as
provided for in Section | ||||||
20 | 11-501.1;
| ||||||
21 | 18. Has, since issuance of a driver's license or | ||||||
22 | permit, been adjudged
to be afflicted with or suffering | ||||||
23 | from any mental disability or disease;
| ||||||
24 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
25 | of Section 6-101
relating to driving without a driver's | ||||||
26 | license;
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1 | 20. Has been convicted of violating Section 6-104 | ||||||
2 | relating to
classification of driver's license;
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3 | 21. Has been convicted of violating Section 11-402 of
| ||||||
4 | this Code relating to leaving the scene of an accident | ||||||
5 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
6 | which case the suspension shall be
for one year;
| ||||||
7 | 22. Has used a motor vehicle in violating paragraph | ||||||
8 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
9 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
10 | weapons, in which case the suspension shall be for one
| ||||||
11 | year;
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12 | 23. Has, as a driver, been convicted of committing a | ||||||
13 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
14 | for a second or subsequent
time within one year of a | ||||||
15 | similar violation;
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16 | 24. Has been convicted by a court-martial or punished | ||||||
17 | by non-judicial
punishment by military authorities of the | ||||||
18 | United States at a military
installation in Illinois of or | ||||||
19 | for a traffic related offense that is the
same as or | ||||||
20 | similar to an offense specified under Section 6-205 or | ||||||
21 | 6-206 of
this Code;
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22 | 25. Has permitted any form of identification to be used | ||||||
23 | by another in
the application process in order to obtain or | ||||||
24 | attempt to obtain a license,
identification card, or | ||||||
25 | permit;
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26 | 26. Has altered or attempted to alter a license or has |
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1 | possessed an
altered license, identification card, or | ||||||
2 | permit;
| ||||||
3 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
4 | of 1934;
| ||||||
5 | 28. Has been convicted of the illegal possession, while | ||||||
6 | operating or
in actual physical control, as a driver, of a | ||||||
7 | motor vehicle, of any
controlled substance prohibited | ||||||
8 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
9 | prohibited under the Cannabis Control
Act, or any | ||||||
10 | methamphetamine prohibited under the Methamphetamine | ||||||
11 | Control and Community Protection Act, in which case the | ||||||
12 | person's driving privileges shall be suspended for
one | ||||||
13 | year, and any driver who is convicted of a second or | ||||||
14 | subsequent
offense, within 5 years of a previous | ||||||
15 | conviction, for the illegal
possession, while operating or | ||||||
16 | in actual physical control, as a driver, of
a motor | ||||||
17 | vehicle, of any controlled substance prohibited under the | ||||||
18 | Illinois Controlled Substances Act, any cannabis
| ||||||
19 | prohibited under the Cannabis Control Act, or any | ||||||
20 | methamphetamine prohibited under the Methamphetamine | ||||||
21 | Control and Community Protection Act shall be suspended for | ||||||
22 | 5 years.
Any defendant found guilty of this offense while | ||||||
23 | operating a motor vehicle,
shall have an entry made in the | ||||||
24 | court record by the presiding judge that
this offense did | ||||||
25 | occur while the defendant was operating a motor vehicle
and | ||||||
26 | order the clerk of the court to report the violation to the |
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1 | Secretary
of State;
| ||||||
2 | 29. Has been convicted of the following offenses that | ||||||
3 | were committed
while the person was operating or in actual | ||||||
4 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
5 | sexual assault,
predatory criminal sexual assault of a | ||||||
6 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
7 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
8 | soliciting for a juvenile prostitute and the manufacture, | ||||||
9 | sale or
delivery of controlled substances or instruments | ||||||
10 | used for illegal drug use
or abuse in which case the | ||||||
11 | driver's driving privileges shall be suspended
for one | ||||||
12 | year;
| ||||||
13 | 30. Has been convicted a second or subsequent time for | ||||||
14 | any
combination of the offenses named in paragraph 29 of | ||||||
15 | this subsection,
in which case the person's driving | ||||||
16 | privileges shall be suspended for 5
years;
| ||||||
17 | 31. Has refused to submit to a test as
required by | ||||||
18 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
19 | alcohol concentration of 0.08 or more or any amount of a | ||||||
20 | drug, substance, or
compound resulting from the unlawful | ||||||
21 | use or consumption of cannabis as listed
in the Cannabis | ||||||
22 | Control Act, a controlled substance as listed in the | ||||||
23 | Illinois
Controlled Substances Act, an intoxicating | ||||||
24 | compound as listed in the Use of
Intoxicating Compounds | ||||||
25 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
26 | Control and Community Protection Act, in which case the |
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1 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
2 | 32. Has been convicted of Section 24-1.2 of the | ||||||
3 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
4 | of a firearm if the offender was
located in a motor vehicle | ||||||
5 | at the time the firearm was discharged, in which
case the | ||||||
6 | suspension shall be for 3 years;
| ||||||
7 | 33. Has as a driver, who was less than 21 years of age | ||||||
8 | on the date of
the offense, been convicted a first time of | ||||||
9 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
10 | or a similar provision of a local ordinance;
| ||||||
11 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
12 | this Code;
| ||||||
13 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
14 | this Code;
| ||||||
15 | 36. Is under the age of 21 years at the time of arrest | ||||||
16 | and has been
convicted of not less than 2 offenses against | ||||||
17 | traffic regulations governing
the movement of vehicles | ||||||
18 | committed within any 24 month period. No revocation
or | ||||||
19 | suspension shall be entered more than 6 months after the | ||||||
20 | date of last
conviction;
| ||||||
21 | 37. Has committed a violation of subsection (c) of | ||||||
22 | Section 11-907 of this
Code that resulted in damage to the | ||||||
23 | property of another or the death or injury of another;
| ||||||
24 | 38. Has been convicted of a violation of Section 6-20 | ||||||
25 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
26 | a local ordinance;
|
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| |||||||
1 | 39. Has committed a second or subsequent violation of | ||||||
2 | Section
11-1201 of this Code;
| ||||||
3 | 40. Has committed a violation of subsection (a-1) of | ||||||
4 | Section 11-908 of
this Code; | ||||||
5 | 41. Has committed a second or subsequent violation of | ||||||
6 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
7 | the previous violation, in which case the suspension shall | ||||||
8 | be for 90 days; | ||||||
9 | 42. Has committed a violation of subsection (a-1) of | ||||||
10 | Section 11-1301.3 of this Code;
| ||||||
11 | 43. Has received a disposition of court supervision for | ||||||
12 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
13 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
14 | a local ordinance, in which case the suspension shall be | ||||||
15 | for a period of 3 months;
| ||||||
16 | 44.
Is under the age of 21 years at the time of arrest | ||||||
17 | and has been convicted of an offense against traffic | ||||||
18 | regulations governing the movement of vehicles after | ||||||
19 | having previously had his or her driving privileges
| ||||||
20 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
21 | Section; or | ||||||
22 | 45.
Has, in connection with or during the course of a | ||||||
23 | formal hearing conducted under Section 2-118 of this Code: | ||||||
24 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
25 | falsified documents; (iii) submitted documents that have | ||||||
26 | been materially altered; or (iv) submitted, as his or her |
| |||||||
| |||||||
1 | own, documents that were in fact prepared or composed for | ||||||
2 | another person ; or .
| ||||||
3 | 46. Has committed a violation of Section 11-1426.1 | ||||||
4 | involving an all-terrain vehicle or off-highway | ||||||
5 | motorcycle, paragraph (4) of subsection (i) of Section | ||||||
6 | 11-1427 of this Code, or similar provisions of a local | ||||||
7 | ordinance, in which case the suspension shall be for a | ||||||
8 | period of 6 months. | ||||||
9 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
10 | and 27 of this
subsection, license means any driver's license, | ||||||
11 | any traffic ticket issued when
the person's driver's license is | ||||||
12 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
13 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
14 | a probationary driver's license or a temporary driver's | ||||||
15 | license.
| ||||||
16 | (b) If any conviction forming the basis of a suspension or
| ||||||
17 | revocation authorized under this Section is appealed, the
| ||||||
18 | Secretary of State may rescind or withhold the entry of the | ||||||
19 | order of suspension
or revocation, as the case may be, provided | ||||||
20 | that a certified copy of a stay
order of a court is filed with | ||||||
21 | the Secretary of State. If the conviction is
affirmed on | ||||||
22 | appeal, the date of the conviction shall relate back to the | ||||||
23 | time
the original judgment of conviction was entered and the 6 | ||||||
24 | month limitation
prescribed shall not apply.
| ||||||
25 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
26 | permit of
any person as authorized in this Section, the |
| |||||||
| |||||||
1 | Secretary of State shall
immediately notify the person in | ||||||
2 | writing of the revocation or suspension.
The notice to be | ||||||
3 | deposited in the United States mail, postage prepaid,
to the | ||||||
4 | last known address of the person.
| ||||||
5 | 2. If the Secretary of State suspends the driver's | ||||||
6 | license
of a person under subsection 2 of paragraph (a) of | ||||||
7 | this Section, a
person's privilege to operate a vehicle as | ||||||
8 | an occupation shall not be
suspended, provided an affidavit | ||||||
9 | is properly completed, the appropriate fee
received, and a | ||||||
10 | permit issued prior to the effective date of the
| ||||||
11 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
12 | which occurred
while operating a commercial vehicle in | ||||||
13 | connection with the driver's
regular occupation. All other | ||||||
14 | driving privileges shall be suspended by the
Secretary of | ||||||
15 | State. Any driver prior to operating a vehicle for
| ||||||
16 | occupational purposes only must submit the affidavit on | ||||||
17 | forms to be
provided by the Secretary of State setting | ||||||
18 | forth the facts of the person's
occupation. The affidavit | ||||||
19 | shall also state the number of offenses
committed while | ||||||
20 | operating a vehicle in connection with the driver's regular
| ||||||
21 | occupation. The affidavit shall be accompanied by the | ||||||
22 | driver's license.
Upon receipt of a properly completed | ||||||
23 | affidavit, the Secretary of State
shall issue the driver a | ||||||
24 | permit to operate a vehicle in connection with the
driver's | ||||||
25 | regular occupation only. Unless the permit is issued by the
| ||||||
26 | Secretary of State prior to the date of suspension, the |
| |||||||
| |||||||
1 | privilege to drive
any motor vehicle shall be suspended as | ||||||
2 | set forth in the notice that was
mailed under this Section. | ||||||
3 | If an affidavit is received subsequent to the
effective | ||||||
4 | date of this suspension, a permit may be issued for the | ||||||
5 | remainder
of the suspension period.
| ||||||
6 | The provisions of this subparagraph shall not apply to | ||||||
7 | any driver
required to possess a CDL for the purpose of | ||||||
8 | operating a commercial motor vehicle.
| ||||||
9 | Any person who falsely states any fact in the affidavit | ||||||
10 | required
herein shall be guilty of perjury under Section | ||||||
11 | 6-302 and upon conviction
thereof shall have all driving | ||||||
12 | privileges revoked without further rights.
| ||||||
13 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
14 | of this Code,
the Secretary of State shall either rescind | ||||||
15 | or continue an order of
revocation or shall substitute an | ||||||
16 | order of suspension; or, good
cause appearing therefor, | ||||||
17 | rescind, continue, change, or extend the
order of | ||||||
18 | suspension. If the Secretary of State does not rescind the | ||||||
19 | order,
the Secretary may upon application,
to relieve undue | ||||||
20 | hardship (as defined by the rules of the Secretary of | ||||||
21 | State), issue
a restricted driving permit granting the | ||||||
22 | privilege of driving a motor
vehicle between the | ||||||
23 | petitioner's residence and petitioner's place of
| ||||||
24 | employment or within the scope of the petitioner's | ||||||
25 | employment related duties, or to
allow the petitioner to | ||||||
26 | transport himself or herself, or a family member of the
|
| |||||||
| |||||||
1 | petitioner's household to a medical facility, to receive | ||||||
2 | necessary medical care, to allow the petitioner to | ||||||
3 | transport himself or herself to and from alcohol or drug
| ||||||
4 | remedial or rehabilitative activity recommended by a | ||||||
5 | licensed service provider, or to allow the petitioner to | ||||||
6 | transport himself or herself or a family member of the | ||||||
7 | petitioner's household to classes, as a student, at an | ||||||
8 | accredited educational institution, or to allow the | ||||||
9 | petitioner to transport children, elderly persons, or | ||||||
10 | disabled persons who do not hold driving privileges and are | ||||||
11 | living in the petitioner's household to and from daycare. | ||||||
12 | The
petitioner must demonstrate that no alternative means | ||||||
13 | of
transportation is reasonably available and that the | ||||||
14 | petitioner will not endanger
the public safety or welfare. | ||||||
15 | Those multiple offenders identified in subdivision (b)4 of | ||||||
16 | Section 6-208 of this Code, however, shall not be eligible | ||||||
17 | for the issuance of a restricted driving permit.
| ||||||
18 |
(A) If a person's license or permit is revoked or | ||||||
19 | suspended due to 2
or more convictions of violating | ||||||
20 | Section 11-501 of this Code or a similar
provision of a | ||||||
21 | local ordinance or a similar out-of-state offense, or | ||||||
22 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
23 | of alcohol or other drugs is recited as an element of | ||||||
24 | the offense, or a similar out-of-state offense, or a | ||||||
25 | combination of these offenses, arising out
of separate | ||||||
26 | occurrences, that person, if issued a restricted |
| |||||||
| |||||||
1 | driving permit,
may not operate a vehicle unless it has | ||||||
2 | been equipped with an ignition
interlock device as | ||||||
3 | defined in Section 1-129.1.
| ||||||
4 | (B) If a person's license or permit is revoked or | ||||||
5 | suspended 2 or more
times within a 10 year period due | ||||||
6 | to any combination of: | ||||||
7 | (i) a single conviction of violating Section
| ||||||
8 | 11-501 of this Code or a similar provision of a | ||||||
9 | local ordinance or a similar
out-of-state offense | ||||||
10 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
11 | the use of alcohol or other drugs is recited as an | ||||||
12 | element of the offense, or a similar out-of-state | ||||||
13 | offense; or | ||||||
14 | (ii) a statutory summary suspension under | ||||||
15 | Section
11-501.1; or | ||||||
16 | (iii) a suspension under Section 6-203.1; | ||||||
17 | arising out of
separate occurrences; that person, if | ||||||
18 | issued a restricted driving permit, may
not operate a | ||||||
19 | vehicle unless it has been
equipped with an ignition | ||||||
20 | interlock device as defined in Section 1-129.1. | ||||||
21 | (C)
The person issued a permit conditioned upon the | ||||||
22 | use of an ignition interlock device must pay to the | ||||||
23 | Secretary of State DUI Administration Fund an amount
| ||||||
24 | not to exceed $30 per month. The Secretary shall | ||||||
25 | establish by rule the amount
and the procedures, terms, | ||||||
26 | and conditions relating to these fees. |
| |||||||
| |||||||
1 | (D) If the
restricted driving permit is issued for | ||||||
2 | employment purposes, then the prohibition against | ||||||
3 | operating a motor vehicle that is not equipped with an | ||||||
4 | ignition interlock device does not apply to the | ||||||
5 | operation of an occupational vehicle owned or
leased by | ||||||
6 | that person's employer when used solely for employment | ||||||
7 | purposes. | ||||||
8 | (E) In each case the Secretary may issue a
| ||||||
9 | restricted driving permit for a period deemed | ||||||
10 | appropriate, except that all
permits shall expire | ||||||
11 | within one year from the date of issuance. The | ||||||
12 | Secretary
may not, however, issue a restricted driving | ||||||
13 | permit to any person whose current
revocation is the | ||||||
14 | result of a second or subsequent conviction for a | ||||||
15 | violation
of Section 11-501 of this Code or a similar | ||||||
16 | provision of a local ordinance
or any similar | ||||||
17 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
18 | Code of 1961, where the use of alcohol or other drugs | ||||||
19 | is recited as an element of the offense, or any similar | ||||||
20 | out-of-state offense, or any combination
of those | ||||||
21 | offenses, until the expiration of at least one year | ||||||
22 | from the date of
the revocation. A
restricted driving | ||||||
23 | permit issued under this Section shall be subject to
| ||||||
24 | cancellation, revocation, and suspension by the | ||||||
25 | Secretary of State in like
manner and for like cause as | ||||||
26 | a driver's license issued under this Code may be
|
| |||||||
| |||||||
1 | cancelled, revoked, or suspended; except that a | ||||||
2 | conviction upon one or more
offenses against laws or | ||||||
3 | ordinances regulating the movement of traffic
shall be | ||||||
4 | deemed sufficient cause for the revocation, | ||||||
5 | suspension, or
cancellation of a restricted driving | ||||||
6 | permit. The Secretary of State may, as
a condition to | ||||||
7 | the issuance of a restricted driving permit, require | ||||||
8 | the
applicant to participate in a designated driver | ||||||
9 | remedial or rehabilitative
program. The Secretary of | ||||||
10 | State is authorized to cancel a restricted
driving | ||||||
11 | permit if the permit holder does not successfully | ||||||
12 | complete the program.
| ||||||
13 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
14 | subsection (a), reports received by the Secretary of State | ||||||
15 | under this Section shall, except during the actual time the | ||||||
16 | suspension is in effect, be privileged information and for use | ||||||
17 | only by the courts, police officers, prosecuting authorities, | ||||||
18 | the driver licensing administrator of any other state, the | ||||||
19 | Secretary of State, or the parent or legal guardian of a driver | ||||||
20 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
21 | person is a CDL holder, the suspension shall also be made | ||||||
22 | available to the driver licensing administrator of any other | ||||||
23 | state, the U.S. Department of Transportation, and the affected | ||||||
24 | driver or motor
carrier or prospective motor carrier upon | ||||||
25 | request.
| ||||||
26 | (c-4) In the case of a suspension under paragraph 43 of |
| |||||||
| |||||||
1 | subsection (a), the Secretary of State shall notify the person | ||||||
2 | by mail that his or her driving privileges and driver's license | ||||||
3 | will be suspended one month after the date of the mailing of | ||||||
4 | the notice.
| ||||||
5 | (c-5) The Secretary of State may, as a condition of the | ||||||
6 | reissuance of a
driver's license or permit to an applicant | ||||||
7 | whose driver's license or permit has
been suspended before he | ||||||
8 | or she reached the age of 21 years pursuant to any of
the | ||||||
9 | provisions of this Section, require the applicant to | ||||||
10 | participate in a
driver remedial education course and be | ||||||
11 | retested under Section 6-109 of this
Code.
| ||||||
12 | (d) This Section is subject to the provisions of the | ||||||
13 | Drivers License
Compact.
| ||||||
14 | (e) The Secretary of State shall not issue a restricted | ||||||
15 | driving permit to
a person under the age of 16 years whose | ||||||
16 | driving privileges have been suspended
or revoked under any | ||||||
17 | provisions of this Code.
| ||||||
18 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
19 | State may not issue a restricted driving permit for the | ||||||
20 | operation of a commercial motor vehicle to a person holding a | ||||||
21 | CDL whose driving privileges have been suspended, revoked, | ||||||
22 | cancelled, or disqualified under any provisions of this Code. | ||||||
23 | (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | ||||||
24 | eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, | ||||||
25 | eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | ||||||
26 | eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; |
| |||||||
| |||||||
1 | 96-1305, eff. 1-1-11; revised 9-2-10.)
| ||||||
2 | (Text of Section after amendment by P.A. 96-1344 )
| ||||||
3 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
4 | license or
permit; Right to a hearing.
| ||||||
5 | (a) The Secretary of State is authorized to suspend or | ||||||
6 | revoke the
driving privileges of any person without preliminary | ||||||
7 | hearing upon a showing
of the person's records or other | ||||||
8 | sufficient evidence that
the person:
| ||||||
9 | 1. Has committed an offense for which mandatory | ||||||
10 | revocation of
a driver's license or permit is required upon | ||||||
11 | conviction;
| ||||||
12 | 2. Has been convicted of not less than 3 offenses | ||||||
13 | against traffic
regulations governing the movement of | ||||||
14 | vehicles committed within any 12
month period. No | ||||||
15 | revocation or suspension shall be entered more than
6 | ||||||
16 | months after the date of last conviction;
| ||||||
17 | 3. Has been repeatedly involved as a driver in motor | ||||||
18 | vehicle
collisions or has been repeatedly convicted of | ||||||
19 | offenses against laws and
ordinances regulating the | ||||||
20 | movement of traffic, to a degree that
indicates lack of | ||||||
21 | ability to exercise ordinary and reasonable care in
the | ||||||
22 | safe operation of a motor vehicle or disrespect for the | ||||||
23 | traffic laws
and the safety of other persons upon the | ||||||
24 | highway;
| ||||||
25 | 4. Has by the unlawful operation of a motor vehicle |
| |||||||
| |||||||
1 | caused or
contributed to an accident resulting in injury | ||||||
2 | requiring
immediate professional treatment in a medical | ||||||
3 | facility or doctor's office
to any person, except that any | ||||||
4 | suspension or revocation imposed by the
Secretary of State | ||||||
5 | under the provisions of this subsection shall start no
| ||||||
6 | later than 6 months after being convicted of violating a | ||||||
7 | law or
ordinance regulating the movement of traffic, which | ||||||
8 | violation is related
to the accident, or shall start not | ||||||
9 | more than one year
after
the date of the accident, | ||||||
10 | whichever date occurs later;
| ||||||
11 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
12 | driver's
license, identification card, or permit;
| ||||||
13 | 6. Has been lawfully convicted of an offense or | ||||||
14 | offenses in another
state, including the authorization | ||||||
15 | contained in Section 6-203.1, which
if committed within | ||||||
16 | this State would be grounds for suspension or revocation;
| ||||||
17 | 7. Has refused or failed to submit to an examination | ||||||
18 | provided for by
Section 6-207 or has failed to pass the | ||||||
19 | examination;
| ||||||
20 | 8. Is ineligible for a driver's license or permit under | ||||||
21 | the provisions
of Section 6-103;
| ||||||
22 | 9. Has made a false statement or knowingly concealed a | ||||||
23 | material fact
or has used false information or | ||||||
24 | identification in any application for a
license, | ||||||
25 | identification card, or permit;
| ||||||
26 | 10. Has possessed, displayed, or attempted to |
| |||||||
| |||||||
1 | fraudulently use any
license, identification card, or | ||||||
2 | permit not issued to the person;
| ||||||
3 | 11. Has operated a motor vehicle upon a highway of this | ||||||
4 | State when
the person's driving privilege or privilege to | ||||||
5 | obtain a driver's license
or permit was revoked or | ||||||
6 | suspended unless the operation was authorized by
a | ||||||
7 | monitoring device driving permit, judicial driving permit | ||||||
8 | issued prior to January 1, 2009, probationary license to | ||||||
9 | drive, or a restricted
driving permit issued under this | ||||||
10 | Code;
| ||||||
11 | 12. Has submitted to any portion of the application | ||||||
12 | process for
another person or has obtained the services of | ||||||
13 | another person to submit to
any portion of the application | ||||||
14 | process for the purpose of obtaining a
license, | ||||||
15 | identification card, or permit for some other person;
| ||||||
16 | 13. Has operated a motor vehicle upon a highway of this | ||||||
17 | State when
the person's driver's license or permit was | ||||||
18 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
19 | 14. Has committed a violation of Section 6-301, | ||||||
20 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
21 | of the Illinois Identification Card
Act;
| ||||||
22 | 15. Has been convicted of violating Section 21-2 of the | ||||||
23 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
24 | vehicles in which case, the suspension
shall be for one | ||||||
25 | year;
| ||||||
26 | 16. Has been convicted of violating Section 11-204 of |
| |||||||
| |||||||
1 | this Code relating
to fleeing from a peace officer;
| ||||||
2 | 17. Has refused to submit to a test, or tests, as | ||||||
3 | required under Section
11-501.1 of this Code and the person | ||||||
4 | has not sought a hearing as
provided for in Section | ||||||
5 | 11-501.1;
| ||||||
6 | 18. Has, since issuance of a driver's license or | ||||||
7 | permit, been adjudged
to be afflicted with or suffering | ||||||
8 | from any mental disability or disease;
| ||||||
9 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
10 | of Section 6-101
relating to driving without a driver's | ||||||
11 | license;
| ||||||
12 | 20. Has been convicted of violating Section 6-104 | ||||||
13 | relating to
classification of driver's license;
| ||||||
14 | 21. Has been convicted of violating Section 11-402 of
| ||||||
15 | this Code relating to leaving the scene of an accident | ||||||
16 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
17 | which case the suspension shall be
for one year;
| ||||||
18 | 22. Has used a motor vehicle in violating paragraph | ||||||
19 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
20 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
21 | weapons, in which case the suspension shall be for one
| ||||||
22 | year;
| ||||||
23 | 23. Has, as a driver, been convicted of committing a | ||||||
24 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
25 | for a second or subsequent
time within one year of a | ||||||
26 | similar violation;
|
| |||||||
| |||||||
1 | 24. Has been convicted by a court-martial or punished | ||||||
2 | by non-judicial
punishment by military authorities of the | ||||||
3 | United States at a military
installation in Illinois of or | ||||||
4 | for a traffic related offense that is the
same as or | ||||||
5 | similar to an offense specified under Section 6-205 or | ||||||
6 | 6-206 of
this Code;
| ||||||
7 | 25. Has permitted any form of identification to be used | ||||||
8 | by another in
the application process in order to obtain or | ||||||
9 | attempt to obtain a license,
identification card, or | ||||||
10 | permit;
| ||||||
11 | 26. Has altered or attempted to alter a license or has | ||||||
12 | possessed an
altered license, identification card, or | ||||||
13 | permit;
| ||||||
14 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
15 | of 1934;
| ||||||
16 | 28. Has been convicted of the illegal possession, while | ||||||
17 | operating or
in actual physical control, as a driver, of a | ||||||
18 | motor vehicle, of any
controlled substance prohibited | ||||||
19 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
20 | prohibited under the Cannabis Control
Act, or any | ||||||
21 | methamphetamine prohibited under the Methamphetamine | ||||||
22 | Control and Community Protection Act, in which case the | ||||||
23 | person's driving privileges shall be suspended for
one | ||||||
24 | year, and any driver who is convicted of a second or | ||||||
25 | subsequent
offense, within 5 years of a previous | ||||||
26 | conviction, for the illegal
possession, while operating or |
| |||||||
| |||||||
1 | in actual physical control, as a driver, of
a motor | ||||||
2 | vehicle, of any controlled substance prohibited under the | ||||||
3 | Illinois Controlled Substances Act, any cannabis
| ||||||
4 | prohibited under the Cannabis Control Act, or any | ||||||
5 | methamphetamine prohibited under the Methamphetamine | ||||||
6 | Control and Community Protection Act shall be suspended for | ||||||
7 | 5 years.
Any defendant found guilty of this offense while | ||||||
8 | operating a motor vehicle,
shall have an entry made in the | ||||||
9 | court record by the presiding judge that
this offense did | ||||||
10 | occur while the defendant was operating a motor vehicle
and | ||||||
11 | order the clerk of the court to report the violation to the | ||||||
12 | Secretary
of State;
| ||||||
13 | 29. Has been convicted of the following offenses that | ||||||
14 | were committed
while the person was operating or in actual | ||||||
15 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
16 | sexual assault,
predatory criminal sexual assault of a | ||||||
17 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
18 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
19 | soliciting for a juvenile prostitute and the manufacture, | ||||||
20 | sale or
delivery of controlled substances or instruments | ||||||
21 | used for illegal drug use
or abuse in which case the | ||||||
22 | driver's driving privileges shall be suspended
for one | ||||||
23 | year;
| ||||||
24 | 30. Has been convicted a second or subsequent time for | ||||||
25 | any
combination of the offenses named in paragraph 29 of | ||||||
26 | this subsection,
in which case the person's driving |
| |||||||
| |||||||
1 | privileges shall be suspended for 5
years;
| ||||||
2 | 31. Has refused to submit to a test as
required by | ||||||
3 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
4 | alcohol concentration of 0.08 or more or any amount of a | ||||||
5 | drug, substance, or
compound resulting from the unlawful | ||||||
6 | use or consumption of cannabis as listed
in the Cannabis | ||||||
7 | Control Act, a controlled substance as listed in the | ||||||
8 | Illinois
Controlled Substances Act, an intoxicating | ||||||
9 | compound as listed in the Use of
Intoxicating Compounds | ||||||
10 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
11 | Control and Community Protection Act, in which case the | ||||||
12 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
13 | 32. Has been convicted of Section 24-1.2 of the | ||||||
14 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
15 | of a firearm if the offender was
located in a motor vehicle | ||||||
16 | at the time the firearm was discharged, in which
case the | ||||||
17 | suspension shall be for 3 years;
| ||||||
18 | 33. Has as a driver, who was less than 21 years of age | ||||||
19 | on the date of
the offense, been convicted a first time of | ||||||
20 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
21 | or a similar provision of a local ordinance;
| ||||||
22 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
23 | this Code;
| ||||||
24 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
25 | this Code;
| ||||||
26 | 36. Is under the age of 21 years at the time of arrest |
| |||||||
| |||||||
1 | and has been
convicted of not less than 2 offenses against | ||||||
2 | traffic regulations governing
the movement of vehicles | ||||||
3 | committed within any 24 month period. No revocation
or | ||||||
4 | suspension shall be entered more than 6 months after the | ||||||
5 | date of last
conviction;
| ||||||
6 | 37. Has committed a violation of subsection (c) of | ||||||
7 | Section 11-907 of this
Code that resulted in damage to the | ||||||
8 | property of another or the death or injury of another;
| ||||||
9 | 38. Has been convicted of a violation of Section 6-20 | ||||||
10 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
11 | a local ordinance;
| ||||||
12 | 39. Has committed a second or subsequent violation of | ||||||
13 | Section
11-1201 of this Code;
| ||||||
14 | 40. Has committed a violation of subsection (a-1) of | ||||||
15 | Section 11-908 of
this Code; | ||||||
16 | 41. Has committed a second or subsequent violation of | ||||||
17 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
18 | the previous violation, in which case the suspension shall | ||||||
19 | be for 90 days; | ||||||
20 | 42. Has committed a violation of subsection (a-1) of | ||||||
21 | Section 11-1301.3 of this Code;
| ||||||
22 | 43. Has received a disposition of court supervision for | ||||||
23 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
24 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
25 | a local ordinance, in which case the suspension shall be | ||||||
26 | for a period of 3 months;
|
| |||||||
| |||||||
1 | 44.
Is under the age of 21 years at the time of arrest | ||||||
2 | and has been convicted of an offense against traffic | ||||||
3 | regulations governing the movement of vehicles after | ||||||
4 | having previously had his or her driving privileges
| ||||||
5 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
6 | Section; or | ||||||
7 | 45.
Has, in connection with or during the course of a | ||||||
8 | formal hearing conducted under Section 2-118 of this Code: | ||||||
9 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
10 | falsified documents; (iii) submitted documents that have | ||||||
11 | been materially altered; or (iv) submitted, as his or her | ||||||
12 | own, documents that were in fact prepared or composed for | ||||||
13 | another person ; or .
| ||||||
14 | 46. Has committed a violation of Section 11-1426.1 | ||||||
15 | involving an all-terrain vehicle or off-highway | ||||||
16 | motorcycle, paragraph (4) of subsection (i) of Section | ||||||
17 | 11-1427 of this Code, or similar provisions of a local | ||||||
18 | ordinance, in which case the suspension shall be for a | ||||||
19 | period of 6 months. | ||||||
20 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
21 | and 27 of this
subsection, license means any driver's license, | ||||||
22 | any traffic ticket issued when
the person's driver's license is | ||||||
23 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
24 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
25 | a probationary driver's license or a temporary driver's | ||||||
26 | license.
|
| |||||||
| |||||||
1 | (b) If any conviction forming the basis of a suspension or
| ||||||
2 | revocation authorized under this Section is appealed, the
| ||||||
3 | Secretary of State may rescind or withhold the entry of the | ||||||
4 | order of suspension
or revocation, as the case may be, provided | ||||||
5 | that a certified copy of a stay
order of a court is filed with | ||||||
6 | the Secretary of State. If the conviction is
affirmed on | ||||||
7 | appeal, the date of the conviction shall relate back to the | ||||||
8 | time
the original judgment of conviction was entered and the 6 | ||||||
9 | month limitation
prescribed shall not apply.
| ||||||
10 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
11 | permit of
any person as authorized in this Section, the | ||||||
12 | Secretary of State shall
immediately notify the person in | ||||||
13 | writing of the revocation or suspension.
The notice to be | ||||||
14 | deposited in the United States mail, postage prepaid,
to the | ||||||
15 | last known address of the person.
| ||||||
16 | 2. If the Secretary of State suspends the driver's | ||||||
17 | license
of a person under subsection 2 of paragraph (a) of | ||||||
18 | this Section, a
person's privilege to operate a vehicle as | ||||||
19 | an occupation shall not be
suspended, provided an affidavit | ||||||
20 | is properly completed, the appropriate fee
received, and a | ||||||
21 | permit issued prior to the effective date of the
| ||||||
22 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
23 | which occurred
while operating a commercial vehicle in | ||||||
24 | connection with the driver's
regular occupation. All other | ||||||
25 | driving privileges shall be suspended by the
Secretary of | ||||||
26 | State. Any driver prior to operating a vehicle for
|
| |||||||
| |||||||
1 | occupational purposes only must submit the affidavit on | ||||||
2 | forms to be
provided by the Secretary of State setting | ||||||
3 | forth the facts of the person's
occupation. The affidavit | ||||||
4 | shall also state the number of offenses
committed while | ||||||
5 | operating a vehicle in connection with the driver's regular
| ||||||
6 | occupation. The affidavit shall be accompanied by the | ||||||
7 | driver's license.
Upon receipt of a properly completed | ||||||
8 | affidavit, the Secretary of State
shall issue the driver a | ||||||
9 | permit to operate a vehicle in connection with the
driver's | ||||||
10 | regular occupation only. Unless the permit is issued by the
| ||||||
11 | Secretary of State prior to the date of suspension, the | ||||||
12 | privilege to drive
any motor vehicle shall be suspended as | ||||||
13 | set forth in the notice that was
mailed under this Section. | ||||||
14 | If an affidavit is received subsequent to the
effective | ||||||
15 | date of this suspension, a permit may be issued for the | ||||||
16 | remainder
of the suspension period.
| ||||||
17 | The provisions of this subparagraph shall not apply to | ||||||
18 | any driver
required to possess a CDL for the purpose of | ||||||
19 | operating a commercial motor vehicle.
| ||||||
20 | Any person who falsely states any fact in the affidavit | ||||||
21 | required
herein shall be guilty of perjury under Section | ||||||
22 | 6-302 and upon conviction
thereof shall have all driving | ||||||
23 | privileges revoked without further rights.
| ||||||
24 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
25 | of this Code,
the Secretary of State shall either rescind | ||||||
26 | or continue an order of
revocation or shall substitute an |
| |||||||
| |||||||
1 | order of suspension; or, good
cause appearing therefor, | ||||||
2 | rescind, continue, change, or extend the
order of | ||||||
3 | suspension. If the Secretary of State does not rescind the | ||||||
4 | order,
the Secretary may upon application,
to relieve undue | ||||||
5 | hardship (as defined by the rules of the Secretary of | ||||||
6 | State), issue
a restricted driving permit granting the | ||||||
7 | privilege of driving a motor
vehicle between the | ||||||
8 | petitioner's residence and petitioner's place of
| ||||||
9 | employment or within the scope of the petitioner's | ||||||
10 | employment related duties, or to
allow the petitioner to | ||||||
11 | transport himself or herself, or a family member of the
| ||||||
12 | petitioner's household to a medical facility, to receive | ||||||
13 | necessary medical care, to allow the petitioner to | ||||||
14 | transport himself or herself to and from alcohol or drug
| ||||||
15 | remedial or rehabilitative activity recommended by a | ||||||
16 | licensed service provider, or to allow the petitioner to | ||||||
17 | transport himself or herself or a family member of the | ||||||
18 | petitioner's household to classes, as a student, at an | ||||||
19 | accredited educational institution, or to allow the | ||||||
20 | petitioner to transport children, elderly persons, or | ||||||
21 | disabled persons who do not hold driving privileges and are | ||||||
22 | living in the petitioner's household to and from daycare. | ||||||
23 | The
petitioner must demonstrate that no alternative means | ||||||
24 | of
transportation is reasonably available and that the | ||||||
25 | petitioner will not endanger
the public safety or welfare. | ||||||
26 | Those multiple offenders identified in subdivision (b)4 of |
| |||||||
| |||||||
1 | Section 6-208 of this Code, however, shall not be eligible | ||||||
2 | for the issuance of a restricted driving permit.
| ||||||
3 |
(A) If a person's license or permit is revoked or | ||||||
4 | suspended due to 2
or more convictions of violating | ||||||
5 | Section 11-501 of this Code or a similar
provision of a | ||||||
6 | local ordinance or a similar out-of-state offense, or | ||||||
7 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
8 | of alcohol or other drugs is recited as an element of | ||||||
9 | the offense, or a similar out-of-state offense, or a | ||||||
10 | combination of these offenses, arising out
of separate | ||||||
11 | occurrences, that person, if issued a restricted | ||||||
12 | driving permit,
may not operate a vehicle unless it has | ||||||
13 | been equipped with an ignition
interlock device as | ||||||
14 | defined in Section 1-129.1.
| ||||||
15 | (B) If a person's license or permit is revoked or | ||||||
16 | suspended 2 or more
times within a 10 year period due | ||||||
17 | to any combination of: | ||||||
18 | (i) a single conviction of violating Section
| ||||||
19 | 11-501 of this Code or a similar provision of a | ||||||
20 | local ordinance or a similar
out-of-state offense | ||||||
21 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
22 | the use of alcohol or other drugs is recited as an | ||||||
23 | element of the offense, or a similar out-of-state | ||||||
24 | offense; or | ||||||
25 | (ii) a statutory summary suspension or | ||||||
26 | revocation under Section
11-501.1; or |
| |||||||
| |||||||
1 | (iii) a suspension under Section 6-203.1; | ||||||
2 | arising out of
separate occurrences; that person, if | ||||||
3 | issued a restricted driving permit, may
not operate a | ||||||
4 | vehicle unless it has been
equipped with an ignition | ||||||
5 | interlock device as defined in Section 1-129.1. | ||||||
6 | (C)
The person issued a permit conditioned upon the | ||||||
7 | use of an ignition interlock device must pay to the | ||||||
8 | Secretary of State DUI Administration Fund an amount
| ||||||
9 | not to exceed $30 per month. The Secretary shall | ||||||
10 | establish by rule the amount
and the procedures, terms, | ||||||
11 | and conditions relating to these fees. | ||||||
12 | (D) If the
restricted driving permit is issued for | ||||||
13 | employment purposes, then the prohibition against | ||||||
14 | operating a motor vehicle that is not equipped with an | ||||||
15 | ignition interlock device does not apply to the | ||||||
16 | operation of an occupational vehicle owned or
leased by | ||||||
17 | that person's employer when used solely for employment | ||||||
18 | purposes. | ||||||
19 | (E) In each case the Secretary may issue a
| ||||||
20 | restricted driving permit for a period deemed | ||||||
21 | appropriate, except that all
permits shall expire | ||||||
22 | within one year from the date of issuance. The | ||||||
23 | Secretary
may not, however, issue a restricted driving | ||||||
24 | permit to any person whose current
revocation is the | ||||||
25 | result of a second or subsequent conviction for a | ||||||
26 | violation
of Section 11-501 of this Code or a similar |
| |||||||
| |||||||
1 | provision of a local ordinance
or any similar | ||||||
2 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
3 | Code of 1961, where the use of alcohol or other drugs | ||||||
4 | is recited as an element of the offense, or any similar | ||||||
5 | out-of-state offense, or any combination
of those | ||||||
6 | offenses, until the expiration of at least one year | ||||||
7 | from the date of
the revocation. A
restricted driving | ||||||
8 | permit issued under this Section shall be subject to
| ||||||
9 | cancellation, revocation, and suspension by the | ||||||
10 | Secretary of State in like
manner and for like cause as | ||||||
11 | a driver's license issued under this Code may be
| ||||||
12 | cancelled, revoked, or suspended; except that a | ||||||
13 | conviction upon one or more
offenses against laws or | ||||||
14 | ordinances regulating the movement of traffic
shall be | ||||||
15 | deemed sufficient cause for the revocation, | ||||||
16 | suspension, or
cancellation of a restricted driving | ||||||
17 | permit. The Secretary of State may, as
a condition to | ||||||
18 | the issuance of a restricted driving permit, require | ||||||
19 | the
applicant to participate in a designated driver | ||||||
20 | remedial or rehabilitative
program. The Secretary of | ||||||
21 | State is authorized to cancel a restricted
driving | ||||||
22 | permit if the permit holder does not successfully | ||||||
23 | complete the program.
| ||||||
24 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
25 | subsection (a), reports received by the Secretary of State | ||||||
26 | under this Section shall, except during the actual time the |
| |||||||
| |||||||
1 | suspension is in effect, be privileged information and for use | ||||||
2 | only by the courts, police officers, prosecuting authorities, | ||||||
3 | the driver licensing administrator of any other state, the | ||||||
4 | Secretary of State, or the parent or legal guardian of a driver | ||||||
5 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
6 | person is a CDL holder, the suspension shall also be made | ||||||
7 | available to the driver licensing administrator of any other | ||||||
8 | state, the U.S. Department of Transportation, and the affected | ||||||
9 | driver or motor
carrier or prospective motor carrier upon | ||||||
10 | request.
| ||||||
11 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
12 | subsection (a), the Secretary of State shall notify the person | ||||||
13 | by mail that his or her driving privileges and driver's license | ||||||
14 | will be suspended one month after the date of the mailing of | ||||||
15 | the notice.
| ||||||
16 | (c-5) The Secretary of State may, as a condition of the | ||||||
17 | reissuance of a
driver's license or permit to an applicant | ||||||
18 | whose driver's license or permit has
been suspended before he | ||||||
19 | or she reached the age of 21 years pursuant to any of
the | ||||||
20 | provisions of this Section, require the applicant to | ||||||
21 | participate in a
driver remedial education course and be | ||||||
22 | retested under Section 6-109 of this
Code.
| ||||||
23 | (d) This Section is subject to the provisions of the | ||||||
24 | Drivers License
Compact.
| ||||||
25 | (e) The Secretary of State shall not issue a restricted | ||||||
26 | driving permit to
a person under the age of 16 years whose |
| |||||||
| |||||||
1 | driving privileges have been suspended
or revoked under any | ||||||
2 | provisions of this Code.
| ||||||
3 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
4 | State may not issue a restricted driving permit for the | ||||||
5 | operation of a commercial motor vehicle to a person holding a | ||||||
6 | CDL whose driving privileges have been suspended, revoked, | ||||||
7 | cancelled, or disqualified under any provisions of this Code. | ||||||
8 | (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | ||||||
9 | eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, | ||||||
10 | eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | ||||||
11 | eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; | ||||||
12 | 96-1305, eff. 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
| ||||||
13 | (625 ILCS 5/11-1426.1) | ||||||
14 | Sec. 11-1426.1. Operation of non-highway vehicles on | ||||||
15 | streets, roads, and highways. | ||||||
16 | (a) As used in this Section, "non-highway vehicle" means a | ||||||
17 | motor vehicle not specifically designed to be used on a public | ||||||
18 | highway, including: | ||||||
19 | (1) an all-terrain vehicle, as defined by Section | ||||||
20 | 1-101.8 of this Code; | ||||||
21 | (2) a golf cart, as defined by Section 1-123.9; | ||||||
22 | (3) a neighborhood vehicle, as defined by Section | ||||||
23 | 1-148.3m; | ||||||
24 | (4) an off-highway motorcycle, as defined by Section | ||||||
25 | 1-153.1; and |
| |||||||
| |||||||
1 | (5) a recreational off-highway vehicle, as defined by | ||||||
2 | Section 1-168.8. | ||||||
3 | (b) Except as otherwise provided in this Section, it is | ||||||
4 | unlawful
for any person to drive or operate a non-highway | ||||||
5 | vehicle
upon any street, highway, or roadway in this State. If | ||||||
6 | the operation of a non-highway vehicle is authorized under | ||||||
7 | subsection (d), the non-highway vehicle may be operated only on | ||||||
8 | streets where the posted speed limit is 35 miles per hour or | ||||||
9 | less. This subsection (b) does not prohibit a non-highway | ||||||
10 | vehicle from crossing a road or street at an intersection where | ||||||
11 | the road or street has a posted speed limit of more than 35 | ||||||
12 | miles per hour. | ||||||
13 | (b-5) A person may not operate a golf cart or neighborhood | ||||||
14 | vehicle non-highway vehicle upon any street, highway, or | ||||||
15 | roadway in this State unless he or she has a valid driver's | ||||||
16 | license issued in his or her name by the Secretary of State or | ||||||
17 | by a foreign jurisdiction. | ||||||
18 | (c) Except as otherwise provided in subsection (c-5), no | ||||||
19 | person operating a non-highway vehicle shall make a direct | ||||||
20 | crossing upon or across any highway under the jurisdiction of | ||||||
21 | the State, tollroad,
interstate highway, or controlled access | ||||||
22 | highway in this State. | ||||||
23 | (c-5) A person may make a direct crossing at an | ||||||
24 | intersection controlled by a traffic light or 4-way stop sign | ||||||
25 | upon or across a highway under the jurisdiction of the State if | ||||||
26 | the speed limit on the highway is 35 miles per hour or less at |
| |||||||
| |||||||
1 | the place of crossing. | ||||||
2 | (d) A municipality, township, county, or other unit of | ||||||
3 | local government may authorize, by ordinance or resolution, the | ||||||
4 | operation of golf carts, neighborhood vehicles, or both | ||||||
5 | non-highway vehicles on roadways under its jurisdiction if the | ||||||
6 | unit of local government determines that the public safety will | ||||||
7 | not be jeopardized. The Department may authorize
the operation | ||||||
8 | of golf carts, neighborhood vehicles, or both non-highway | ||||||
9 | vehicles on the roadways under its jurisdiction if the | ||||||
10 | Department determines that the public safety will not be | ||||||
11 | jeopardized. The unit of local government or the Department may | ||||||
12 | restrict the types of non-highway vehicles that are authorized | ||||||
13 | to be used on its streets. | ||||||
14 | Before permitting the operation of golf carts, | ||||||
15 | neighborhood vehicles, or both non-highway vehicles on its | ||||||
16 | roadways,
a municipality, township, county, other unit of local | ||||||
17 | government, or the Department must consider the volume, speed, | ||||||
18 | and character of traffic on the roadway and determine whether | ||||||
19 | golf carts, neighborhood vehicles, or both non-highway | ||||||
20 | vehicles may safely travel on or cross the roadway. Upon | ||||||
21 | determining that golf carts, neighborhood vehicles, or both | ||||||
22 | non-highway vehicles may safely operate on a roadway and the | ||||||
23 | adoption of an ordinance or resolution by a municipality, | ||||||
24 | township, county, or other unit of local government, or | ||||||
25 | authorization by the Department, appropriate signs shall be | ||||||
26 | posted. |
| |||||||
| |||||||
1 | If a roadway is under the jurisdiction of more than one | ||||||
2 | unit of government, non-highway vehicles may not be operated on | ||||||
3 | the roadway unless each
unit of government agrees and takes | ||||||
4 | action as provided in this subsection. | ||||||
5 | (e) No golf cart or neighborhood vehicle non-highway | ||||||
6 | vehicle may be operated on a roadway unless, at a minimum, it | ||||||
7 | has
the following: brakes, a steering apparatus, tires, a | ||||||
8 | rearview mirror, red reflectorized warning devices in the front | ||||||
9 | and rear, a slow moving emblem (as required of other vehicles | ||||||
10 | in Section 12-709 of this Code) on the rear of the non-highway | ||||||
11 | vehicle, a headlight that emits a white light visible from a | ||||||
12 | distance of 500 feet to the front, a tail lamp that emits a
red | ||||||
13 | light visible from at least 100 feet from the rear, brake | ||||||
14 | lights, and turn signals. When operated on a roadway, a golf | ||||||
15 | cart or neighborhood vehicle non-highway vehicle shall have its | ||||||
16 | headlight and tail lamps lighted as required by Section 12-201 | ||||||
17 | of this Code. | ||||||
18 | (f) A person who drives or is in actual physical control of | ||||||
19 | a non-highway vehicle on a roadway while under the influence is | ||||||
20 | subject to Sections 11-500 through 11-502 of this Code. | ||||||
21 | (g) Any person who operates a non-highway vehicle on a | ||||||
22 | street, highway, or roadway shall be subject to the mandatory | ||||||
23 | insurance requirements under Article VI of Chapter 7 of this | ||||||
24 | Code. | ||||||
25 | (h) It shall not be unlawful for any person to drive or | ||||||
26 | operate a non-highway vehicle, as defined in paragraphs (1) and |
| |||||||
| |||||||
1 | (5) of subsection (a) of this Section, on a county roadway or | ||||||
2 | township roadway for the purpose of conducting farming | ||||||
3 | operations to and from the home, farm, farm buildings, and any | ||||||
4 | adjacent or nearby farm land. | ||||||
5 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
6 | not be subject to subsections (e) and (g) of this Section. | ||||||
7 | However, if the non-highway vehicle, as used in this Section, | ||||||
8 | is not covered under a motor vehicle insurance policy pursuant | ||||||
9 | to subsection (g) of this Section, the vehicle must be covered | ||||||
10 | under a farm, home, or non-highway vehicle insurance policy | ||||||
11 | issued with coverage amounts no less than the minimum amounts | ||||||
12 | set for bodily injury or death and for destruction of property | ||||||
13 | under Section 7-203 of this Code. Non-highway vehicles operated | ||||||
14 | on a county or township roadway at any time between one-half | ||||||
15 | hour before sunset and one-half hour after sunrise must be | ||||||
16 | equipped with head lamps and tail lamps, and the head lamps and | ||||||
17 | tail lamps must be lighted. | ||||||
18 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
19 | not make a direct crossing upon or across any tollroad, | ||||||
20 | interstate highway, or controlled access highway in this State. | ||||||
21 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
22 | be allowed to cross a State highway, municipal street, county | ||||||
23 | highway, or road district highway if the operator of the | ||||||
24 | non-highway vehicle makes a direct crossing provided: | ||||||
25 | (1) the crossing is made at an angle of approximately | ||||||
26 | 90 degrees to the direction of the street, road or highway |
| |||||||
| |||||||
1 | and at a place where no obstruction prevents a quick and | ||||||
2 | safe crossing; | ||||||
3 | (2) the non-highway vehicle is brought to a complete | ||||||
4 | stop before attempting a crossing; | ||||||
5 | (3) the operator of the non-highway vehicle yields the | ||||||
6 | right of way to all pedestrian and vehicular traffic which | ||||||
7 | constitutes a hazard; and | ||||||
8 | (4) that when crossing a divided highway, the crossing | ||||||
9 | is made only at an intersection of the highway with another | ||||||
10 | public street, road, or highway. | ||||||
11 | (i) No action taken by a unit of local government under | ||||||
12 | this Section designates the operation of a non-highway vehicle | ||||||
13 | as an intended or permitted use of property with respect to | ||||||
14 | Section 3-102 of the Local Governmental and Governmental | ||||||
15 | Employees Tort Immunity Act. | ||||||
16 | (Source: P.A. 95-150, 8-14-07; 95-414, eff. 8-24-07; 95-575, | ||||||
17 | eff. 8-31-07; 95-876, eff. 8-21-08; 96-279, eff. 1-1-10; | ||||||
18 | 96-1434, eff. 8-11-10.)
| ||||||
19 | (625 ILCS 5/11-1427)
| ||||||
20 | Sec. 11-1427.
Illegal operation of an all-terrain vehicle
| ||||||
21 | or off-highway motorcycle. It is unlawful for any person to | ||||||
22 | drive
or operate any all-terrain vehicle or off-highway | ||||||
23 | motorcycle in the following
ways:
| ||||||
24 | (a) Careless Operation. No person shall operate any | ||||||
25 | all-terrain vehicle
or off-highway motorcycle in a careless or |
| |||||||
| |||||||
1 | heedless manner so as to be
grossly indifferent to the person | ||||||
2 | or property of other persons, or at a
rate of speed greater | ||||||
3 | than will permit him in the exercise of reasonable
care to | ||||||
4 | bring the all-terrain vehicle or off-highway motorcycle to a | ||||||
5 | stop
within the assured clear distance ahead.
| ||||||
6 | (b) Reckless Operation. No person shall operate any | ||||||
7 | all-terrain vehicle
or off-highway motorcycle in such a manner | ||||||
8 | as to endanger the life, limb or
property of any person.
| ||||||
9 | (c) Within any nature preserve as defined in Section 3.11 | ||||||
10 | of the
Illinois Natural Areas Preservation Act.
| ||||||
11 | (d) On the tracks or right of way of an operating railroad.
| ||||||
12 | (e) In any tree nursery or planting in a manner which | ||||||
13 | damages or
destroys growing stock, or creates a substantial | ||||||
14 | risk thereto.
| ||||||
15 | (f) On private property, without the written or verbal | ||||||
16 | consent of the
owner or lessee thereof. Any person operating an | ||||||
17 | all-terrain vehicle or off-highway
motorcycle upon lands of
| ||||||
18 | another shall stop and identify himself upon the request of the
| ||||||
19 | landowner or his duly authorized representative, and, if | ||||||
20 | requested to do
so by the landowner shall promptly remove the | ||||||
21 | all-terrain vehicle or
off-highway motorcycle from the | ||||||
22 | premises.
| ||||||
23 | (g) Notwithstanding any other law to the contrary, an | ||||||
24 | owner, lessee,
or occupant of premises owes no duty of care to | ||||||
25 | keep
the premises safe for entry or use by others for use by an | ||||||
26 | all-terrain
vehicle or off-highway motorcycle, or to
give |
| |||||||
| |||||||
1 | warning of any condition, use, structure or activity
on such | ||||||
2 | premises.
This subsection does not apply where permission to | ||||||
3 | drive or operate an
all-terrain vehicle or off-highway | ||||||
4 | motorcycle
is given for a valuable consideration other than to | ||||||
5 | this
State, any political subdivision or municipality of this | ||||||
6 | State, or any
landowner
who is paid with funds from the | ||||||
7 | Off-Highway Vehicle Trails Fund. In
the case of land leased to | ||||||
8 | the State or a subdivision of the State, any
consideration | ||||||
9 | received is not valuable consideration within the meaning of
| ||||||
10 | this Section.
| ||||||
11 | Nothing in this subsection limits in any way liability | ||||||
12 | which
otherwise exists for willful or malicious failure to | ||||||
13 | guard or warn against
a dangerous condition, use, structure, or | ||||||
14 | activity.
| ||||||
15 | (h) On publicly owned lands unless such lands are | ||||||
16 | designated for use by
all-terrain vehicles or off-highway | ||||||
17 | motorcycles.
For publicly owned lands to be designated for use | ||||||
18 | by all-terrain vehicles
or off-highway motorcycles a public | ||||||
19 | hearing shall be conducted by the
governmental entity that has | ||||||
20 | jurisdiction over the proposed land
prior to the designation.
| ||||||
21 | Nothing in this subsection limits in any way liability | ||||||
22 | which
otherwise exists for willful or malicious failure to | ||||||
23 | guard or warn against
a dangerous condition, use, structure, or | ||||||
24 | activity.
| ||||||
25 | (h-1) At a rate of speed too fast for conditions, and the | ||||||
26 | fact that the
speed of the all-terrain vehicle or off-highway |
| |||||||
| |||||||
1 | motorcycle does not exceed the
applicable maximum speed
limit | ||||||
2 | allowed does not relieve the driver from the duty to decrease
| ||||||
3 | speed as may be necessary to avoid colliding with any person, | ||||||
4 | vehicle,
or object within legal requirements and the duty of | ||||||
5 | all persons to use
due care.
| ||||||
6 | (h-2) On the frozen surface of public waters of this State | ||||||
7 | within 100
feet of a person, including a skater, not in or upon | ||||||
8 | an
all-terrain vehicle or off-highway motorcycle; within
100 | ||||||
9 | feet of a person engaged in fishing, except at the minimum | ||||||
10 | speed
required to maintain forward movement of the all-terrain | ||||||
11 | vehicle or off-highway
motorcycle; on an area
which has been | ||||||
12 | cleared of snow for skating purposes unless the area is
| ||||||
13 | necessary for access to the frozen waters of this State.
| ||||||
14 | (h-3) Within 100 feet of a dwelling between midnight and 6 | ||||||
15 | a.m. at a
speed greater than the minimum required to maintain | ||||||
16 | forward movement of
the all-terrain vehicle or off-highway | ||||||
17 | motorcycle. This subdivision (h-5) does
not
apply on private | ||||||
18 | property
where verbal or written consent of the owner or lessee | ||||||
19 | has been granted
to drive or operate an all-terrain vehicle or | ||||||
20 | off-highway motorcycle upon the
private property or frozen | ||||||
21 | waters of this State.
| ||||||
22 | (i) Other Prohibitions.
| ||||||
23 | (1) No person, except persons permitted by
law, shall | ||||||
24 | operate or ride any all-terrain vehicle or off-highway
| ||||||
25 | motorcycle with any firearm in his or her possession unless | ||||||
26 | he or she is
in compliance with Section 2.33 of the |
| |||||||
| |||||||
1 | Wildlife Code.
| ||||||
2 | (2) No person shall operate any all-terrain vehicle or | ||||||
3 | off-highway
motorcycle emitting pollutants in violation of | ||||||
4 | standards established
pursuant to the Environmental | ||||||
5 | Protection Act.
| ||||||
6 | (3) No person shall deposit from an all-terrain vehicle | ||||||
7 | or off-highway
motorcycle on the snow, ice or ground | ||||||
8 | surface, trash, glass, garbage,
insoluble material, or | ||||||
9 | other offensive matter.
| ||||||
10 | (4) No person shall ride an all-terrain vehicle or | ||||||
11 | off-highway motorcycle as a passenger. The Secretary of | ||||||
12 | State may suspend the operator's driver's license for | ||||||
13 | violation of this paragraph. | ||||||
14 | (5) No person under the age of 16 shall operate an | ||||||
15 | all-terrain vehicle or off-highway motorcycle. | ||||||
16 | (6) No person shall operate an all-terrain vehicle or | ||||||
17 | off-highway motorcycle without a valid driver's license. | ||||||
18 | (7) No person shall operate an all-terrain vehicle or | ||||||
19 | off-highway motorcycle without a properly fitted helmet | ||||||
20 | secured to the person's head. | ||||||
21 | (Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)
| ||||||
22 | (625 ILCS 5/11-1427.6 new) | ||||||
23 | Sec. 11-1427.6. Public information on all-terrain vehicle | ||||||
24 | and off-highway motorcycle laws. | ||||||
25 | (a) The laws and rules related to the operation of |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | all-terrain vehicles and off-highway motorcycles in this Code | |||||||||||||||||||||||||
2 | shall be included in any publication of the "Rules of the Road" | |||||||||||||||||||||||||
3 | that the Secretary of State may publish after the effective | |||||||||||||||||||||||||
4 | date of this amendatory Act of the 97th General Assembly. | |||||||||||||||||||||||||
5 | (b) The laws and rules related to the operation of | |||||||||||||||||||||||||
6 | all-terrain vehicles and off-highway motorcycles in this Code | |||||||||||||||||||||||||
7 | shall be included in any publication of the "Laws for Youth" | |||||||||||||||||||||||||
8 | that the Legislative Research Unit may publish after the | |||||||||||||||||||||||||
9 | effective date of this amendatory Act of the 97th General | |||||||||||||||||||||||||
10 | Assembly.
| |||||||||||||||||||||||||
11 | Section 95. No acceleration or delay. Where this Act makes | |||||||||||||||||||||||||
12 | changes in a statute that is represented in this Act by text | |||||||||||||||||||||||||
13 | that is not yet or no longer in effect (for example, a Section | |||||||||||||||||||||||||
14 | represented by multiple versions), the use of that text does | |||||||||||||||||||||||||
15 | not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||
16 | made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||
17 | Public Act.
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|