|
examination or re-examination as required under this Act; |
or
|
7. has been convicted of violating the Cannabis Control |
Act,
the
Illinois Controlled Substances Act, the |
Methamphetamine Control and Community Protection Act, or |
the Use of Intoxicating Compounds
Act while that individual |
was in actual physical
control of a motor vehicle. For |
purposes of this Section, any person placed on
probation |
under Section 10 of the Cannabis Control Act, Section 410 |
of the
Illinois Controlled Substances Act, or Section 70 of |
the Methamphetamine Control and Community Protection Act |
shall not be considered convicted. Any
person found guilty |
of this offense, while in actual physical control of a
|
motor vehicle, shall have an entry made in the court record |
by the
judge that this offense did occur while the person |
was in actual
physical control of a motor vehicle and order |
the clerk of the court to report
the violation to the |
Secretary of State as such. After the cancellation, the
|
Secretary of State shall not issue a new license or permit |
for a period of one
year after the date of cancellation. |
However, upon application, the Secretary
of State may, if |
satisfied that the person applying will not endanger the
|
public safety, or welfare, issue a restricted driving |
permit granting the
privilege of driving a motor vehicle |
between the petitioner's residence and
petitioner's place |
of employment or within the scope of the petitioner's |
|
employment
related duties, or to allow transportation for
|
the petitioner or a household member of the petitioner's |
family for the receipt of
necessary medical care, or |
provide transportation for the petitioner to and from |
alcohol or drug remedial or
rehabilitative activity |
recommended by a licensed service provider, or for the |
petitioner to attend classes, as a student,
in an |
accredited educational institution. The petitioner must
|
demonstrate that no alternative means of transportation is |
reasonably
available; provided that the Secretary's |
discretion shall be limited to
cases where undue hardship, |
as defined by the rules of the Secretary of State, would |
result from a failure to issue such
restricted driving |
permit. In each case the Secretary of State may issue
such |
restricted driving permit for such period as he deems |
appropriate,
except that such permit shall expire within |
one year from the date of
issuance. A restricted driving |
permit issued hereunder shall be subject to
cancellation, |
revocation and suspension by the Secretary of State in like
|
manner and for like cause as a driver's license issued |
hereunder may be
cancelled, revoked or suspended; except |
that a conviction upon one or more
offenses against laws or |
ordinances regulating the movement of traffic
shall be |
deemed sufficient cause for the revocation, suspension or
|
cancellation of a restricted driving permit. The Secretary |
of State may,
as a condition to the issuance of a |
|
restricted driving permit, require the
applicant to |
participate in a driver remedial or rehabilitative
|
program. In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the |
operation of a commercial motor vehicle to a person holding |
a CDL whose driving privileges have been revoked, |
suspended, cancelled, or disqualified under this Code; or
|
8. failed to submit a report as required by Section |
6-116.5 of this
Code; or
|
9. has been convicted of a sex offense as defined in |
the Sex Offender Registration Act. The driver's license |
shall remain cancelled until the driver registers as a sex |
offender as required by the Sex Offender Registration Act, |
proof of the registration is furnished to the Secretary of |
State and the sex offender provides proof of current |
address to the Secretary; or
|
10. is ineligible for a license or permit under Section |
6-107, 6-107.1, or
6-108 of this Code; or
|
11. refused or neglected to appear at a Driver Services |
facility to have the license or permit corrected and a new |
license or permit issued; or .
|
12. failed to submit a medical examiner's certificate |
or medical variance as required by 49 C.F.R. 383.71 or |
submitted a fraudulent medical examiner's certificate or |
medical variance. |
(b) Upon such cancellation the licensee or permittee must |
|
surrender the
license or permit so cancelled to the Secretary |
of State.
|
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the |
Secretary of State
shall have exclusive authority to grant, |
issue, deny, cancel, suspend and
revoke driving privileges, |
drivers' licenses and restricted driving permits.
|
(d) The Secretary of State may adopt rules to implement |
this Section.
|
(Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; |
94-993, eff. 1-1-07; 95-331, eff. 8-21-07; 95-382, eff. |
8-23-07; 95-627, eff. 6-1-08; 95-876, eff. 8-21-08.)
|
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
|
Sec. 6-500. Definitions of words and phrases. |
Notwithstanding the
definitions set forth elsewhere in this
|
Code, for purposes of the Uniform Commercial Driver's License |
Act
(UCDLA), the words and phrases listed below have the |
meanings
ascribed to them as follows:
|
(1) Alcohol. "Alcohol" means any substance containing any |
form of
alcohol, including but not limited to ethanol,
|
methanol,
propanol, and
isopropanol.
|
(2) Alcohol concentration. "Alcohol concentration" means:
|
(A) the number of grams of alcohol per 210 liters of |
breath;
or
|
(B) the number of grams of alcohol per 100 milliliters |
of
blood; or
|
|
(C) the number of grams of alcohol per 67 milliliters |
of
urine.
|
Alcohol tests administered within 2 hours of the driver |
being
"stopped or detained" shall be considered that driver's |
"alcohol
concentration" for the purposes of enforcing this |
UCDLA.
|
(3) (Blank).
|
(4) (Blank).
|
(5) (Blank).
|
(5.3) CDLIS driver record. "CDLIS driver record" means the |
electronic record of the individual CDL driver's status and |
history stored by the State-of-Record as part of the Commercial |
Driver's License Information System, or CDLIS, established |
under 49 U.S.C. 31309. |
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle |
record" or "CDLIS MVR" means a report generated from the CDLIS |
driver record meeting the requirements for access to CDLIS |
information and provided by states to users authorized in 49 |
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the |
Driver Privacy Protection Act, 18 U.S.C. 2721–2725. |
(5.7) Commercial driver's license downgrade. "Commercial |
driver's license downgrade" or "CDL downgrade" means either: |
(A) a state allows the driver to change his or her |
self-certification to interstate, but operating |
exclusively in transportation or operation excepted from |
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
|
391.2, 391.68, or 398.3; |
(B) a state allows the driver to change his or her |
self-certification to intrastate only, if the driver |
qualifies under that state's physical qualification |
requirements for intrastate only; |
(C) a state allows the driver to change his or her |
certification to intrastate, but operating exclusively in |
transportation or operations excepted from all or part of |
the state driver qualification requirements; or |
(D) a state removes the CDL privilege from the driver |
license. |
(6) Commercial Motor Vehicle.
|
(A) "Commercial motor vehicle" or "CMV" means
a motor |
vehicle used in commerce, except those referred to in |
subdivision (B), designed
to transport passengers or |
property if:
|
(i) the vehicle has a GVWR of 26,001 pounds or more |
or such
a
lesser GVWR as subsequently determined by |
federal regulations or the Secretary
of State; or any
|
combination of vehicles with a GCWR of 26,001 pounds or |
more, provided the
GVWR of any vehicle or vehicles |
being towed is 10,001 pounds or more; or
|
(ii) the vehicle is designed to transport 16 or |
more
persons;
or
|
(iii) the vehicle is transporting hazardous |
materials and
is
required to
be placarded in accordance |
|
with 49 C.F.R. Part 172, subpart F.
|
(B) Pursuant to the interpretation of the Commercial |
Motor
Vehicle
Safety Act of 1986 by the Federal Highway |
Administration, the definition of
"commercial motor |
vehicle" does not include:
|
(i) recreational vehicles, when operated primarily |
for personal use;
|
(ii) vehicles owned by or operated under the |
direction of the United States Department of Defense or |
the United States Coast Guard only when operated by
|
non-civilian personnel. This includes any operator on |
active military
duty; members of the Reserves; |
National Guard; personnel on part-time
training; and |
National Guard military technicians (civilians who are
|
required to wear military uniforms and are subject to |
the Code of Military
Justice); or
|
(iii) firefighting and other emergency equipment |
(including, without limitation, equipment owned or |
operated by a HazMat or technical rescue team |
authorized by a county board under Section 5-1127 of |
the Counties Code), with audible and
visual signals, |
owned or operated
by or for a
governmental entity, |
which is necessary to the preservation of life or
|
property or the execution of emergency governmental |
functions which are
normally not subject to general |
traffic rules and regulations.
|
|
(7) Controlled Substance. "Controlled substance" shall |
have the same
meaning as defined in Section 102 of the Illinois |
Controlled Substances Act,
and shall also include cannabis as |
defined in Section 3 of the Cannabis Control
Act and |
methamphetamine as defined in Section 10 of the Methamphetamine |
Control and Community Protection Act.
|
(8) Conviction. "Conviction" means an unvacated |
adjudication of guilt
or a determination that a person has |
violated or failed to comply with the
law in a court of |
original jurisdiction or by an authorized administrative
|
tribunal; an unvacated forfeiture of bail or collateral |
deposited to secure
the person's appearance in court; a plea of |
guilty or nolo contendere accepted by the court; the payment of |
a fine or court cost
regardless of whether the imposition of |
sentence is deferred and ultimately
a judgment dismissing the |
underlying charge is entered; or a violation of a
condition of |
release without bail, regardless of whether or not the penalty
|
is rebated, suspended or probated.
|
(8.5) Day. "Day" means calendar day.
|
(9) (Blank).
|
(10) (Blank).
|
(11) (Blank).
|
(12) (Blank).
|
(13) Driver. "Driver" means any person who drives, |
operates, or is in
physical control of a commercial motor |
vehicle, any person who is required to hold a
CDL, or any |
|
person who is a holder of a CDL while operating a |
non-commercial motor vehicle.
|
(13.5) Driver applicant. "Driver applicant" means an |
individual who applies to a state to obtain, transfer, upgrade, |
or renew a CDL.
|
(14) Employee. "Employee" means a person who is employed as |
a
commercial
motor vehicle driver. A person who is |
self-employed as a commercial motor
vehicle driver must comply |
with the requirements of this UCDLA
pertaining to employees. An
|
owner-operator on a long-term lease shall be considered an |
employee.
|
(15) Employer. "Employer" means a person (including the |
United
States, a State or a local authority) who owns or leases |
a commercial motor
vehicle or assigns employees to operate such |
a vehicle. A person who is
self-employed as a commercial motor |
vehicle driver must
comply with the requirements of this UCDLA.
|
(15.3) Excepted interstate. "Excepted interstate" means a |
person who operates or expects to operate in interstate |
commerce, but engages exclusively in transportation or |
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or |
398.3 from all or part of the qualification requirements of 49 |
C.F.R. Part 391 and is not required to obtain a medical |
examiner's certificate by 49 C.F.R. 391.45. |
(15.5) Excepted intrastate. "Excepted intrastate" means a |
person who operates in intrastate commerce but engages |
exclusively in transportation or operations excepted from all |
|
or parts of the state driver qualification requirements. |
(16) (Blank).
|
(16.5) Fatality. "Fatality" means the death of a person as |
a result of a motor vehicle accident.
|
(17) Foreign jurisdiction. "Foreign jurisdiction" means a |
sovereign
jurisdiction that does not fall within the definition |
of "State".
|
(18) (Blank).
|
(19) (Blank).
|
(20) Hazardous materials. "Hazardous Material" means any |
material that has been designated under 49 U.S.C.
5103 and is |
required to be placarded under subpart F of 49 C.F.R. part 172 |
or any quantity of a material listed as a select agent or toxin |
in 42 C.F.R. part 73.
|
(20.5) Imminent Hazard. "Imminent hazard" means the |
existence of a condition that presents a substantial likelihood |
that death, serious illness, severe personal injury, or a |
substantial endangerment to health, property, or the |
environment may occur before the reasonably foreseeable |
completion date of a formal proceeding begun to lessen the risk |
of that death, illness, injury or endangerment.
|
(21) Long-term lease. "Long-term lease" means a lease of a |
commercial
motor vehicle by the owner-lessor to a lessee, for a |
period of more than 29
days.
|
(21.1) Medical examiner. "Medical examiner" means a person |
who is licensed, certified, or registered in accordance with |
|
applicable state laws and regulations to perform physical |
examinations. The term includes but is not limited to doctors |
of medicine, doctors of osteopathy, physician assistants, |
advanced practice nurses, and doctors of chiropractic. |
(21.2) Medical examiner's certificate. "Medical examiner's |
certificate" means a document prescribed or approved by the |
Secretary of State that is issued by a medical examiner to a |
driver to medically qualify him or her to drive. |
(21.5) Medical variance. "Medical variance" means a driver |
has received one of the following from the Federal Motor |
Carrier Safety Administration which allows the driver to be |
issued a medical certificate: (1) an exemption letter |
permitting operation of a commercial motor vehicle pursuant to |
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a |
skill performance evaluation (SPE) certificate permitting |
operation of a commercial motor vehicle pursuant to 49 C.F.R. |
391.49. |
(22) Motor Vehicle. "Motor vehicle" means every vehicle
|
which is self-propelled, and every vehicle which is propelled |
by electric
power obtained from over head trolley wires but not |
operated upon rails,
except vehicles moved solely by human |
power and motorized wheel chairs.
|
(22.2) Motor vehicle record. "Motor vehicle record" means a |
report of the driving status and history of a driver generated |
from the driver record provided to users, such as drivers or |
employers, and is subject to the provisions of the Driver |
|
Privacy Protection Act, 18 U.S.C. 2721-2725. |
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or |
combination of motor vehicles not defined by the term |
"commercial motor vehicle" or "CMV" in this Section.
|
(22.7) Non-excepted interstate. "Non-excepted interstate" |
means a person who operates or expects to operate in interstate |
commerce, is subject to and meets the qualification |
requirements under 49 C.F.R. Part 391, and is required to |
obtain a medical examiner's certificate by 49 C.F.R. 391.45. |
(22.8) Non-excepted intrastate. "Non-excepted intrastate" |
means a person who operates only in intrastate commerce and is |
subject to State driver qualification requirements. |
(23) Non-resident CDL. "Non-resident CDL" means a |
commercial driver's
license issued by a state under either of |
the following two conditions: |
(i) to an individual domiciled in a foreign country |
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. |
of the Federal Motor Carrier Safety Administration.
|
(ii) to an individual domiciled in another state |
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. |
of the Federal Motor Carrier Safety Administration.
|
(24) (Blank).
|
(25) (Blank).
|
(25.5) Railroad-Highway Grade Crossing Violation. |
"Railroad-highway
grade
crossing violation" means a
violation, |
while operating a commercial motor vehicle, of
any
of the |
|
following:
|
(A) Section 11-1201, 11-1202, or 11-1425 of this
|
Code.
|
(B) Any other similar
law or local ordinance of any |
state relating to
railroad-highway grade crossing.
|
(25.7) School Bus. "School bus" means a commercial motor |
vehicle used to transport pre-primary, primary, or secondary |
school students from home to school, from school to home, or to |
and from school-sponsored events. "School bus" does not include |
a bus used as a common carrier.
|
(26) Serious Traffic Violation. "Serious traffic |
violation"
means:
|
(A) a conviction when operating a commercial motor |
vehicle, or when operating a non-CMV while holding a CDL,
|
of:
|
(i) a violation relating to excessive speeding,
|
involving a single speeding charge of 15 miles per hour |
or more above the
legal speed limit; or
|
(ii) a violation relating to reckless driving; or
|
(iii) a violation of any State law or local |
ordinance relating to motor
vehicle traffic control |
(other than parking violations) arising in
connection |
with a fatal traffic accident; or
|
(iv) a violation of Section 6-501, relating to |
having multiple driver's
licenses; or
|
(v) a violation of paragraph (a) of Section 6-507, |
|
relating to the
requirement to have a valid CDL; or
|
(vi) a violation relating to improper or erratic |
traffic lane changes;
or
|
(vii) a violation relating to following another |
vehicle too closely; or
|
(B) any other similar violation of a law or local
|
ordinance of any state relating to motor vehicle traffic |
control, other
than a parking violation, which the |
Secretary of State determines by
administrative rule to be |
serious.
|
(27) State. "State" means a state of the United States, the |
District of
Columbia and any province or territory of Canada.
|
(28) (Blank).
|
(29) (Blank).
|
(30) (Blank).
|
(31) (Blank).
|
(Source: P.A. 94-307, eff. 9-30-05; 94-334, eff. 1-1-06; |
95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
|
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
|
Sec. 6-507. Commercial Driver's License (CDL) Required.
|
(a) Except as expressly permitted by this UCDLA, or when |
driving
pursuant to the issuance of a commercial driver |
instruction permit and
accompanied by the holder of a CDL valid |
for the vehicle being driven; no
person shall drive a |
commercial motor vehicle on the highways without: |
|
(1) a CDL in the driver's possession; |
(2) having obtained a CDL; or |
(3) the proper class of CDL or endorsements or both for |
the specific vehicle group being operated or for the |
passengers or type of cargo being transported; or .
|
(4) a copy of a medical variance document, if one |
exists, such as an exemption letter or a skill performance |
evaluation certificate. |
(b) Except as otherwise provided by this Code, no person |
may drive a
commercial motor vehicle on the highways while such |
person's driving
privilege, license, or permit is:
|
(1) Suspended, revoked, cancelled, or subject to
|
disqualification. Any person convicted of violating this |
provision or a
similar provision of this or any other state |
shall have their driving
privileges revoked under |
paragraph 12 of subsection (a) of Section 6-205 of
this |
Code.
|
(2) Subject to or in violation of an "out-of-service"
|
order. Any person who has been issued a CDL and is |
convicted of violating
this provision or a similar |
provision of any other state shall be disqualified
from |
operating a commercial motor vehicle under subsection (i) |
of Section 6-514
of this Code.
|
(3) Subject to or in violation of a driver or vehicle |
"out of service" order while operating a vehicle designed |
to transport 16 or more passengers, including the driver, |
|
or transporting hazardous materials required to be |
placarded. Any person who has been
issued a CDL and is |
convicted of violating this provision or a similar
|
provision of this or any other state shall be disqualified |
from operating a
commercial motor vehicle under subsection |
(i) of Section 6-514 of this Code.
|
(b-3) Except as otherwise provided by this Code, no person |
may drive a commercial motor vehicle on the highways during a |
period which the commercial motor vehicle or the motor carrier |
operation is subject to an "out-of-service" order. Any person |
who is convicted of violating this provision or a similar |
provision of any other state shall be disqualified from |
operating a commercial motor vehicle under subsection (i) of |
Section 6-514 of this Code. |
(b-5) Except as otherwise provided by this Code, no person |
may transport passengers or hazardous materials during a period |
in which the commercial motor vehicle or the motor carrier |
operation is subject to an "out-of-service" order. Any person |
who is convicted of violating this provision or a similar |
provision of any other state shall be disqualified from |
operating a commercial motor vehicle under subsection (i) of |
Section 6-514 of this Code.
|
(c) Pursuant to the options provided to the States by FHWA |
Docket No.
MC-88-8, the driver of any motor vehicle controlled |
or operated by or for a
farmer is waived from the requirements |
of this Section, when such motor
vehicle is being used to |
|
transport: agricultural products; implements of
husbandry; or |
farm supplies; to and from a farm, as long as such movement is |
not over 150 air
miles from the originating farm. This waiver |
does not apply to
the driver of any motor vehicle
being used in |
a common or contract carrier type operation.
However, for those |
drivers of any truck-tractor
semitrailer combination or |
combinations registered under subsection (c) of
Section 3-815 |
of this Code, this waiver shall apply only when the
driver is a |
farmer or a member of the farmer's family and the driver is 21
|
years
of age or more and has successfully completed any
tests |
the Secretary of State deems necessary.
|
In addition, the farmer or a member of the farmer's family |
who operates a
truck-tractor semitrailer combination or |
combinations pursuant to this waiver
shall be granted all of |
the rights and shall be subject to all of the duties
and |
restrictions with respect to Sections 6-514 and 6-515 of this |
Code
applicable to the driver who possesses a commercial |
driver's license issued
under this Code, except that the driver |
shall not be subject to any additional
duties or restrictions |
contained
in Part 382 of the Federal Motor Carrier Safety |
Regulations that are
not otherwise imposed under Section 6-514 |
or 6-515 of this Code.
|
For purposes of this subsection (c), a member of the |
farmer's family is a
natural or in-law spouse, child, parent, |
or sibling.
|
(c-5) An employee of a township or road district with a |
|
population of
less
than 3,000 operating a vehicle within the |
boundaries of the township or road
district for the purpose of |
removing snow or ice from a roadway by plowing,
sanding, or |
salting is waived from the requirements of this Section when |
the
employee is needed to operate the vehicle because the |
employee of the township
or road district who ordinarily |
operates the vehicle and who has a commercial
driver's license |
is unable to operate the vehicle or is in need of additional
|
assistance due to a snow emergency.
|
(c-10) A driver of a commercial motor vehicle used |
primarily in the transportation of propane winter heating fuel |
or a driver of a motor vehicle used to respond to a pipeline |
emergency is waived from the requirements of this Section if |
such requirements would prevent the driver from responding to |
an emergency condition requiring immediate response as defined |
in 49 C.F.R. Part 390.5. |
(d) Any person convicted of violating this Section, shall |
be guilty of a
Class A misdemeanor.
|
(e) Any person convicted of violating paragraph (1) of |
subsection (b) of this Section,
shall have all driving |
privileges revoked by the Secretary of State.
|
(f) This Section shall not apply to:
|
(1) A person who currently holds a valid Illinois |
driver's license,
for the type of vehicle being operated, |
until the expiration of such
license or April 1, 1992, |
whichever is earlier; or
|
|
(2) A non-Illinois domiciliary who is properly |
licensed in another
State, until April 1, 1992. A |
non-Illinois domiciliary, if such
domiciliary is properly |
licensed in another State or foreign jurisdiction,
until |
April 1, 1992.
|
(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
|
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
Sec. 6-508. Commercial Driver's License (CDL) - |
qualification standards.
|
(a) Testing.
|
(1) General. No person shall be issued an original or |
renewal CDL
unless that person is
domiciled in this State. |
The Secretary shall cause to be administered such
tests as |
the Secretary deems necessary to meet the requirements of |
49
C.F.R. Part 383, subparts F, G, H, and J.
|
(2) Third party testing. The Secretary of state may |
authorize a
"third party tester", pursuant to 49 C.F.R. |
Part 383.75, to administer the
skills test or tests |
specified by Federal Motor Carrier Safety
Administration |
pursuant to the
Commercial Motor Vehicle Safety Act of 1986 |
and any appropriate federal rule.
|
(b) Waiver of Skills Test. The Secretary of State may waive |
the skills
test specified in this Section for a driver |
applicant for a commercial driver license
who meets the |
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
|
|
(b-1) No person shall be issued a commercial driver |
instruction permit or CDL unless the person certifies to the |
Secretary one of the following types of driving operations in |
which he or she will be engaged: |
(1) non-excepted interstate; |
(2) non-excepted intrastate; |
(3) excepted interstate; or |
(4) excepted intrastate. |
(b-2) Persons who hold a commercial driver instruction |
permit or CDL on January 30, 2012 must certify to the Secretary |
no later than January 30, 2014 one of the following applicable |
self-certifications: |
(1) non-excepted interstate; |
(2) non-excepted intrastate; |
(3) excepted interstate; or |
(4) excepted intrastate. |
(c) Limitations on issuance of a CDL. A CDL, or a |
commercial driver
instruction permit, shall not be issued to a |
person while the person is
subject to a disqualification from |
driving a commercial motor vehicle, or
unless otherwise |
permitted by this Code, while the person's driver's
license is |
suspended, revoked or cancelled in
any state, or any territory |
or province of Canada; nor may a CDL be issued
to a person who |
has a CDL issued by any other state, or foreign
jurisdiction, |
unless the person first surrenders all such
licenses. No CDL |
shall be issued to or renewed for a person who does not
meet |
|
the requirement of 49 CFR 391.41(b)(11). The requirement may be |
met with
the aid of a hearing aid.
|
(c-1) The Secretary may issue a CDL with a school bus |
driver endorsement
to allow a person to drive the type of bus |
described in subsection (d-5) of
Section 6-104 of this Code. |
The CDL with a school bus driver endorsement may be
issued only |
to a person meeting the following requirements:
|
(1) the person has submitted his or her fingerprints to |
the
Department of State Police in the form and manner
|
prescribed by the Department of State Police. These
|
fingerprints shall be checked against the fingerprint |
records
now and hereafter filed in the Department of State |
Police and
Federal Bureau of Investigation criminal |
history records databases;
|
(2) the person has passed a written test, administered |
by the Secretary of
State, on charter bus operation, |
charter bus safety, and certain special
traffic laws
|
relating to school buses determined by the Secretary of |
State to be relevant to
charter buses, and submitted to a |
review of the driver applicant's driving
habits by the |
Secretary of State at the time the written test is given;
|
(3) the person has demonstrated physical fitness to |
operate school buses
by
submitting the results of a medical |
examination, including tests for drug
use; and
|
(4) the person has not been convicted of committing or |
attempting
to commit any
one or more of the following |
|
offenses: (i) those offenses defined in
Sections 8-1.2, |
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, |
11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, |
11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, |
11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, |
11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, |
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, |
12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, |
12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, |
12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
18-1,
|
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, |
24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, |
24-3.3, 24-3.5, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in |
subsection (b) of Section 8-1, and in subsection (a) and |
subsection (b), clause (1), of Section
12-4, and in |
subsection (A), clauses (a) and (b), of Section 24-3, and |
those offenses contained in Article 29D of the Criminal |
Code of 1961; (ii) those offenses defined in the
Cannabis |
Control Act except those offenses defined in subsections |
(a) and
(b) of Section 4, and subsection (a) of Section 5 |
of the Cannabis Control
Act; (iii) those offenses defined |
in the Illinois Controlled Substances
Act; (iv) those |
offenses defined in the Methamphetamine Control and |
Community Protection Act; (v) any offense committed or |
attempted in any other state or against
the laws of the |
|
United States, which if committed or attempted in this
|
State would be punishable as one or more of the foregoing |
offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 |
of the Wrongs to Children Act; (vii) those offenses defined |
in Section 6-16 of the Liquor Control Act of
1934; and |
(viii) those offenses defined in the Methamphetamine |
Precursor Control Act.
|
The Department of State Police shall charge
a fee for |
conducting the criminal history records check, which shall be
|
deposited into the State Police Services Fund and may not |
exceed the actual
cost of the records check.
|
(c-2) The Secretary shall issue a CDL with a school bus |
endorsement to allow a person to drive a school bus as defined |
in this Section. The CDL shall be issued according to the |
requirements outlined in 49 C.F.R. 383. A person may not |
operate a school bus as defined in this Section without a |
school bus endorsement. The Secretary of State may adopt rules |
consistent with Federal guidelines to implement this |
subsection (c-2).
|
(d) Commercial driver instruction permit. A commercial |
driver
instruction permit may be issued to any person holding a |
valid Illinois
driver's license if such person successfully |
passes such tests as the
Secretary determines to be necessary.
|
A commercial driver instruction permit shall not be issued to a |
person who
does not meet
the requirements of 49 CFR 391.41 |
(b)(11), except for the renewal of a
commercial driver
|
|
instruction permit for a person who possesses a commercial |
instruction permit
prior to the
effective date of this |
amendatory Act of 1999.
|
(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07; |
96-1182, eff. 7-22-10.)
|
(625 ILCS 5/6-508.1 new) |
Sec. 6-508.1. Medical Examiner's Certificate. |
(a) It shall be unlawful for any person to drive a CMV in |
non-excepted interstate commerce unless the person holds a CDL |
and is medically certified as physically qualified to do so. |
(b) No person who has certified to non-excepted interstate |
driving as provided in Section 6-508 of this Code shall be |
issued a commercial driver instruction permit or CDL unless |
that person presents to the Secretary a medical examiner's |
certificate or has a current medical examiner's certificate on |
the CDLIS driver record. |
(c) Persons who hold a commercial driver instruction permit |
or CDL on January 30, 2012 who have certified as non-excepted |
interstate as provided in Section 6-508 of this Code must |
provide to the Secretary a medical examiner's certificate no |
later than January 30, 2014. |
(d) As of January 30, 2014, all persons who hold a |
commercial driver instruction permit or CDL who have certified |
as non-excepted interstate shall maintain a current medical |
examiner's certificate on file with the Secretary. |
|
(e) Within 10 calendar days of receipt of a medical |
examiner's certificate of a driver who has certified as |
non-excepted interstate, the Secretary shall post the |
following to the CDLIS driver record: |
(1) the medical examiner's name; |
(2) the medical examiner's telephone number; |
(3) the date of issuance of the medical examiner's |
certificate; |
(4) the medical examiner's license number and the state |
that issued it; |
(5) the medical certification status; |
(6) the expiration date of the medical examiner's |
certificate; |
(7) the existence of any medical variance on the |
medical examiner's certificate or grandfather provisions; |
(8) any restrictions noted on the medical examiner's |
certificate; and |
(9) the date the medical examiner's certificate |
information was posted to the CDLIS driver record. |
(f) Within 10 calendar days of the expiration or rescission |
of the driver's medical examiner's certificate or medical |
variance or both, the Secretary shall update the medical |
certification status to "not certified". |
(g) Within 10 calendar days of receipt of information from |
the Federal Motor Carrier Safety Administration regarding |
issuance or renewal of a medical variance, the Secretary shall |
|
update the CDLIS driver record to include the medical variance |
information provided by the Federal Motor Carrier Safety |
Administration. |
(h) The Secretary shall notify the driver of his or her |
non-certified status and that his or her CDL will be canceled |
unless the driver submits a current medical examiner's |
certificate or medical variance or changes his or her |
self-certification to driving only in excepted or intrastate |
commerce. |
(i) Within 60 calendar days of a driver's medical |
certification status becoming non-certified, the Secretary |
shall cancel the CDL.
|
(625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
|
Sec. 6-513. Commercial Driver's License or CDL. The content |
of the CDL
shall include, but not necessarily be limited to the |
following:
|
(a) A CDL shall be distinctly marked "Commercial Driver's |
License" or
"CDL". It must include, but not necessarily be |
limited to, the following
information:
|
(1) the legal name and the Illinois domiciliary address |
(unless it is
a
Non-resident CDL) of the person to whom the |
CDL is issued;
|
(2) the person's color photograph;
|
(3) a physical description of the person including sex, |
height, and
may include weight, color of eyes and hair |
|
color;
|
(4) date of birth;
|
(5) a CDL or file number assigned by the Secretary of |
State;
|
(6) the person's signature;
|
(7) the class or type of commercial vehicle or vehicles |
which the
person is authorized to drive together with any |
endorsements or restrictions;
|
(8) the name of the issuing state; and
|
(9) the issuance and expiration dates of the CDL; and .
|
(10) the restriction code "V" if the driver has been |
issued a medical variance. |
(b) Applicant Record Check.
|
Prior to issuing, renewing, upgrading, or transferring the |
issuance of a CDL, the Secretary of State shall
obtain, review, |
and maintain upon issuance, renewal, upgrade, or transfer the |
driver
applicant's driving record as required by 49 C.F.R. Part |
383 and Part 384
and the United States Secretary of |
Transportation.
|
(c) Notification of Commercial Driver's License (CDL) |
Issuance and Self-Certification.
|
Within 10 days after issuing a CDL, the Secretary of State |
must notify
the Commercial Driver License Information System of |
that fact, and provide
all information required to ensure |
identification of the person.
The Secretary shall also post the |
driver's self-certification for the type of driving operations |
|
to the CDLIS driver record.
|
(c-5) Change in driver identification information. |
Within 10 days of any change of driver identification |
information on any CDL holder, the Secretary of State must |
notify the Commercial Driver License Information System of the |
change.
|
(d) Renewal.
|
Every person applying for a renewal of a CDL must complete |
the
appropriate application form required by this Code and any |
other test
deemed necessary by the Secretary.
|
(Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
|
(625 ILCS 5/6-519) (from Ch. 95 1/2, par. 6-519)
|
Sec. 6-519. Driving Record Information To Be Furnished. |
Notwithstanding
any other provision of law to the contrary, the |
Secretary of State shall
furnish the following full information |
regarding a commercial driver's driving record to:
all |
information on CDLIS driver records to the driver licensing |
administrator of any other State; all information on CDLIS |
driver records to the U.S. Department of Transportation; all |
information on the CDLIS driver record obtained on the CDLIS |
motor vehicle record to the affected driver or a motor carrier |
or prospective motor carrier requesting such
information; all |
information on the CDLIS driver record obtained on the CDLIS |
motor vehicle record of a current or prospective driver to a |
motor carrier or prospective motor carrier requesting such |
