Bill Text: IL HB1295 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Requires interstate Commercial Driver's License (CDL) holders subject to the physical qualification requirements of the Federal Motor Carrier Safety Regulations to provide a current original or copy of their medical examiner's certificate or medical variance to the Secretary of State prior to the issuance of a new, renewed, upgraded or transferred CDL. Provides that the Secretary is authorized to cancel the CDL of any person who fails to submit or submits a fraudulent medical examiner's certificate. Defines terms. Provides that a commercial motor vehicle may not be operated unless the driver has in his or her possession a copy of his or her medical variance, if one is required by law. Provides that 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: (i) non-excepted interstate; (ii) non-excepted intrastate; (iii) excepted interstate; or (iv) excepted intrastate. Provides persons who hold a commercial driver instruction permit or CDL on January 30, 2012 must self-certify to the Secretary one of the above-mentioned classifications no later than January 30, 2014. Contains reporting requirements applicable to the Secretary. Provides that a driver's certification status shall become non-certified within 10 calendar days of the expiration of a medical examiner's certificate or medical variance or both and that failure to provide an updated medical examiner's certificate or medical variance or both within 60 calendar days of a driver's medical certification status becoming non-certified shall result in cancellation of the CDL. Effective January 1, 2012.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-07-28 - Public Act . . . . . . . . . 97-0208 [HB1295 Detail]
Download: Illinois-2011-HB1295-Enrolled.html
Bill Title: Amends the Illinois Vehicle Code. Requires interstate Commercial Driver's License (CDL) holders subject to the physical qualification requirements of the Federal Motor Carrier Safety Regulations to provide a current original or copy of their medical examiner's certificate or medical variance to the Secretary of State prior to the issuance of a new, renewed, upgraded or transferred CDL. Provides that the Secretary is authorized to cancel the CDL of any person who fails to submit or submits a fraudulent medical examiner's certificate. Defines terms. Provides that a commercial motor vehicle may not be operated unless the driver has in his or her possession a copy of his or her medical variance, if one is required by law. Provides that 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: (i) non-excepted interstate; (ii) non-excepted intrastate; (iii) excepted interstate; or (iv) excepted intrastate. Provides persons who hold a commercial driver instruction permit or CDL on January 30, 2012 must self-certify to the Secretary one of the above-mentioned classifications no later than January 30, 2014. Contains reporting requirements applicable to the Secretary. Provides that a driver's certification status shall become non-certified within 10 calendar days of the expiration of a medical examiner's certificate or medical variance or both and that failure to provide an updated medical examiner's certificate or medical variance or both within 60 calendar days of a driver's medical certification status becoming non-certified shall result in cancellation of the CDL. Effective January 1, 2012.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-07-28 - Public Act . . . . . . . . . 97-0208 [HB1295 Detail]
Download: Illinois-2011-HB1295-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-201, 6-500, 6-507, 6-508, 6-513, and 6-519 and by | ||||||
6 | adding Section 6-508.1 as follows:
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7 | (625 ILCS 5/6-201)
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8 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
9 | (a) The Secretary of State is authorized to cancel any | ||||||
10 | license or permit
upon determining that the holder thereof:
| ||||||
11 | 1. was not entitled to the issuance thereof hereunder; | ||||||
12 | or
| ||||||
13 | 2. failed to give the required or correct information | ||||||
14 | in his
application; or
| ||||||
15 | 3. failed to pay any fees, civil penalties owed to the | ||||||
16 | Illinois Commerce
Commission, or taxes due under this Act | ||||||
17 | and upon reasonable notice and demand;
or
| ||||||
18 | 4. committed any fraud in the making of such | ||||||
19 | application; or
| ||||||
20 | 5. is ineligible therefor under the provisions of | ||||||
21 | Section 6-103 of this
Act, as amended; or
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22 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
23 | and
intoxicating compound evaluation or to
submit to |
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| |||||||
1 | examination or re-examination as required under this Act; | ||||||
2 | or
| ||||||
3 | 7. has been convicted of violating the Cannabis Control | ||||||
4 | Act,
the
Illinois Controlled Substances Act, the | ||||||
5 | Methamphetamine Control and Community Protection Act, or | ||||||
6 | the Use of Intoxicating Compounds
Act while that individual | ||||||
7 | was in actual physical
control of a motor vehicle. For | ||||||
8 | purposes of this Section, any person placed on
probation | ||||||
9 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
10 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
11 | the Methamphetamine Control and Community Protection Act | ||||||
12 | shall not be considered convicted. Any
person found guilty | ||||||
13 | of this offense, while in actual physical control of a
| ||||||
14 | motor vehicle, shall have an entry made in the court record | ||||||
15 | by the
judge that this offense did occur while the person | ||||||
16 | was in actual
physical control of a motor vehicle and order | ||||||
17 | the clerk of the court to report
the violation to the | ||||||
18 | Secretary of State as such. After the cancellation, the
| ||||||
19 | Secretary of State shall not issue a new license or permit | ||||||
20 | for a period of one
year after the date of cancellation. | ||||||
21 | However, upon application, the Secretary
of State may, if | ||||||
22 | satisfied that the person applying will not endanger the
| ||||||
23 | public safety, or welfare, issue a restricted driving | ||||||
24 | permit granting the
privilege of driving a motor vehicle | ||||||
25 | between the petitioner's residence and
petitioner's place | ||||||
26 | of employment or within the scope of the petitioner's |
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| |||||||
1 | employment
related duties, or to allow transportation for
| ||||||
2 | the petitioner or a household member of the petitioner's | ||||||
3 | family for the receipt of
necessary medical care, or | ||||||
4 | provide transportation for the petitioner to and from | ||||||
5 | alcohol or drug remedial or
rehabilitative activity | ||||||
6 | recommended by a licensed service provider, or for the | ||||||
7 | petitioner to attend classes, as a student,
in an | ||||||
8 | accredited educational institution. The petitioner must
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9 | demonstrate that no alternative means of transportation is | ||||||
10 | reasonably
available; provided that the Secretary's | ||||||
11 | discretion shall be limited to
cases where undue hardship, | ||||||
12 | as defined by the rules of the Secretary of State, would | ||||||
13 | result from a failure to issue such
restricted driving | ||||||
14 | permit. In each case the Secretary of State may issue
such | ||||||
15 | restricted driving permit for such period as he deems | ||||||
16 | appropriate,
except that such permit shall expire within | ||||||
17 | one year from the date of
issuance. A restricted driving | ||||||
18 | permit issued hereunder shall be subject to
cancellation, | ||||||
19 | revocation and suspension by the Secretary of State in like
| ||||||
20 | manner and for like cause as a driver's license issued | ||||||
21 | hereunder may be
cancelled, revoked or suspended; except | ||||||
22 | that a conviction upon one or more
offenses against laws or | ||||||
23 | ordinances regulating the movement of traffic
shall be | ||||||
24 | deemed sufficient cause for the revocation, suspension or
| ||||||
25 | cancellation of a restricted driving permit. The Secretary | ||||||
26 | of State may,
as a condition to the issuance of a |
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1 | restricted driving permit, require the
applicant to | ||||||
2 | participate in a driver remedial or rehabilitative
| ||||||
3 | program. 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 | ||||||
6 | a CDL whose driving privileges have been revoked, | ||||||
7 | suspended, cancelled, or disqualified under this Code; or
| ||||||
8 | 8. failed to submit a report as required by Section | ||||||
9 | 6-116.5 of this
Code; or
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10 | 9. has been convicted of a sex offense as defined in | ||||||
11 | the Sex Offender Registration Act. The driver's license | ||||||
12 | shall remain cancelled until the driver registers as a sex | ||||||
13 | offender as required by the Sex Offender Registration Act, | ||||||
14 | proof of the registration is furnished to the Secretary of | ||||||
15 | State and the sex offender provides proof of current | ||||||
16 | address to the Secretary; or
| ||||||
17 | 10. is ineligible for a license or permit under Section | ||||||
18 | 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
19 | 11. refused or neglected to appear at a Driver Services | ||||||
20 | facility to have the license or permit corrected and a new | ||||||
21 | license or permit issued ; or .
| ||||||
22 | 12. failed to submit a medical examiner's certificate | ||||||
23 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
24 | submitted a fraudulent medical examiner's certificate or | ||||||
25 | medical variance. | ||||||
26 | (b) Upon such cancellation the licensee or permittee must |
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1 | surrender the
license or permit so cancelled to the Secretary | ||||||
2 | of State.
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3 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
4 | Secretary of State
shall have exclusive authority to grant, | ||||||
5 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
6 | drivers' licenses and restricted driving permits.
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7 | (d) The Secretary of State may adopt rules to implement | ||||||
8 | this Section.
| ||||||
9 | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | ||||||
10 | 94-993, eff. 1-1-07; 95-331, eff. 8-21-07; 95-382, eff. | ||||||
11 | 8-23-07; 95-627, eff. 6-1-08; 95-876, eff. 8-21-08.)
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12 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
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13 | Sec. 6-500. Definitions of words and phrases. | ||||||
14 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
15 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
16 | Act
(UCDLA), the words and phrases listed below have the | ||||||
17 | meanings
ascribed to them as follows:
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18 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
19 | form of
alcohol, including but not limited to ethanol,
| ||||||
20 | methanol,
propanol, and
isopropanol.
| ||||||
21 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
22 | (A) the number of grams of alcohol per 210 liters of | ||||||
23 | breath;
or
| ||||||
24 | (B) the number of grams of alcohol per 100 milliliters | ||||||
25 | of
blood; or
|
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| |||||||
1 | (C) the number of grams of alcohol per 67 milliliters | ||||||
2 | of
urine.
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3 | Alcohol tests administered within 2 hours of the driver | ||||||
4 | being
"stopped or detained" shall be considered that driver's | ||||||
5 | "alcohol
concentration" for the purposes of enforcing this | ||||||
6 | UCDLA.
| ||||||
7 | (3) (Blank).
| ||||||
8 | (4) (Blank).
| ||||||
9 | (5) (Blank).
| ||||||
10 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
11 | electronic record of the individual CDL driver's status and | ||||||
12 | history stored by the State-of-Record as part of the Commercial | ||||||
13 | Driver's License Information System, or CDLIS, established | ||||||
14 | under 49 U.S.C. 31309. | ||||||
15 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
16 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
17 | driver record meeting the requirements for access to CDLIS | ||||||
18 | information and provided by states to users authorized in 49 | ||||||
19 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
20 | Driver Privacy Protection Act, 18 U.S.C. 2721–2725. | ||||||
21 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
22 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
23 | (A) a state allows the driver to change his or her | ||||||
24 | self-certification to interstate, but operating | ||||||
25 | exclusively in transportation or operation excepted from | ||||||
26 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
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| |||||||
1 | 391.2, 391.68, or 398.3; | ||||||
2 | (B) a state allows the driver to change his or her | ||||||
3 | self-certification to intrastate only, if the driver | ||||||
4 | qualifies under that state's physical qualification | ||||||
5 | requirements for intrastate only; | ||||||
6 | (C) a state allows the driver to change his or her | ||||||
7 | certification to intrastate, but operating exclusively in | ||||||
8 | transportation or operations excepted from all or part of | ||||||
9 | the state driver qualification requirements; or | ||||||
10 | (D) a state removes the CDL privilege from the driver | ||||||
11 | license. | ||||||
12 | (6) Commercial Motor Vehicle.
| ||||||
13 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
14 | vehicle used in commerce, except those referred to in | ||||||
15 | subdivision (B), designed
to transport passengers or | ||||||
16 | property if:
| ||||||
17 | (i) the vehicle has a GVWR of 26,001 pounds or more | ||||||
18 | or such
a
lesser GVWR as subsequently determined by | ||||||
19 | federal regulations or the Secretary
of State; or any
| ||||||
20 | combination of vehicles with a GCWR of 26,001 pounds or | ||||||
21 | more, provided the
GVWR of any vehicle or vehicles | ||||||
22 | being towed is 10,001 pounds or more; or
| ||||||
23 | (ii) the vehicle is designed to transport 16 or | ||||||
24 | more
persons;
or
| ||||||
25 | (iii) the vehicle is transporting hazardous | ||||||
26 | materials and
is
required to
be placarded in accordance |
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1 | with 49 C.F.R. Part 172, subpart F.
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2 | (B) Pursuant to the interpretation of the Commercial | ||||||
3 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
4 | Administration, the definition of
"commercial motor | ||||||
5 | vehicle" does not include:
| ||||||
6 | (i) recreational vehicles, when operated primarily | ||||||
7 | for personal use;
| ||||||
8 | (ii) vehicles owned by or operated under the | ||||||
9 | direction of the United States Department of Defense or | ||||||
10 | the United States Coast Guard only when operated by
| ||||||
11 | non-civilian personnel. This includes any operator on | ||||||
12 | active military
duty; members of the Reserves; | ||||||
13 | National Guard; personnel on part-time
training; and | ||||||
14 | National Guard military technicians (civilians who are
| ||||||
15 | required to wear military uniforms and are subject to | ||||||
16 | the Code of Military
Justice); or
| ||||||
17 | (iii) firefighting and other emergency equipment | ||||||
18 | (including, without limitation, equipment owned or | ||||||
19 | operated by a HazMat or technical rescue team | ||||||
20 | authorized by a county board under Section 5-1127 of | ||||||
21 | the Counties Code), with audible and
visual signals, | ||||||
22 | owned or operated
by or for a
governmental entity, | ||||||
23 | which is necessary to the preservation of life or
| ||||||
24 | property or the execution of emergency governmental | ||||||
25 | functions which are
normally not subject to general | ||||||
26 | traffic rules and regulations.
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1 | (7) Controlled Substance. "Controlled substance" shall | ||||||
2 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
3 | Controlled Substances Act,
and shall also include cannabis as | ||||||
4 | defined in Section 3 of the Cannabis Control
Act and | ||||||
5 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
6 | Control and Community Protection Act.
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7 | (8) Conviction. "Conviction" means an unvacated | ||||||
8 | adjudication of guilt
or a determination that a person has | ||||||
9 | violated or failed to comply with the
law in a court of | ||||||
10 | original jurisdiction or by an authorized administrative
| ||||||
11 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
12 | deposited to secure
the person's appearance in court; a plea of | ||||||
13 | guilty or nolo contendere accepted by the court; the payment of | ||||||
14 | a fine or court cost
regardless of whether the imposition of | ||||||
15 | sentence is deferred and ultimately
a judgment dismissing the | ||||||
16 | underlying charge is entered; or a violation of a
condition of | ||||||
17 | release without bail, regardless of whether or not the penalty
| ||||||
18 | is rebated, suspended or probated.
| ||||||
19 | (8.5) Day. "Day" means calendar day.
| ||||||
20 | (9) (Blank).
| ||||||
21 | (10) (Blank).
| ||||||
22 | (11) (Blank).
| ||||||
23 | (12) (Blank).
| ||||||
24 | (13) Driver. "Driver" means any person who drives, | ||||||
25 | operates, or is in
physical control of a commercial motor | ||||||
26 | vehicle, any person who is required to hold a
CDL, or any |
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1 | person who is a holder of a CDL while operating a | ||||||
2 | non-commercial motor vehicle.
| ||||||
3 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
4 | individual who applies to a state to obtain, transfer, upgrade, | ||||||
5 | or renew a CDL.
| ||||||
6 | (14) Employee. "Employee" means a person who is employed as | ||||||
7 | a
commercial
motor vehicle driver. A person who is | ||||||
8 | self-employed as a commercial motor
vehicle driver must comply | ||||||
9 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
10 | owner-operator on a long-term lease shall be considered an | ||||||
11 | employee.
| ||||||
12 | (15) Employer. "Employer" means a person (including the | ||||||
13 | United
States, a State or a local authority) who owns or leases | ||||||
14 | a commercial motor
vehicle or assigns employees to operate such | ||||||
15 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
16 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
17 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
18 | person who operates or expects to operate in interstate | ||||||
19 | commerce, but engages exclusively in transportation or | ||||||
20 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
21 | 398.3 from all or part of the qualification requirements of 49 | ||||||
22 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
23 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
24 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
25 | person who operates in intrastate commerce but engages | ||||||
26 | exclusively in transportation or operations excepted from all |
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| |||||||
1 | or parts of the state driver qualification requirements. | ||||||
2 | (16) (Blank).
| ||||||
3 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
4 | a result of a motor vehicle accident.
| ||||||
5 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
6 | sovereign
jurisdiction that does not fall within the definition | ||||||
7 | of "State".
| ||||||
8 | (18) (Blank).
| ||||||
9 | (19) (Blank).
| ||||||
10 | (20) Hazardous materials. "Hazardous Material" means any | ||||||
11 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
12 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
13 | or any quantity of a material listed as a select agent or toxin | ||||||
14 | in 42 C.F.R. part 73.
| ||||||
15 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
16 | existence of a condition that presents a substantial likelihood | ||||||
17 | that death, serious illness, severe personal injury, or a | ||||||
18 | substantial endangerment to health, property, or the | ||||||
19 | environment may occur before the reasonably foreseeable | ||||||
20 | completion date of a formal proceeding begun to lessen the risk | ||||||
21 | of that death, illness, injury or endangerment.
| ||||||
22 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
23 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
24 | period of more than 29
days.
| ||||||
25 | (21.1) Medical examiner. "Medical examiner" means a person | ||||||
26 | who is licensed, certified, or registered in accordance with |
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| |||||||
1 | applicable state laws and regulations to perform physical | ||||||
2 | examinations. The term includes but is not limited to doctors | ||||||
3 | of medicine, doctors of osteopathy, physician assistants, | ||||||
4 | advanced practice nurses, and doctors of chiropractic. | ||||||
5 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
6 | certificate" means a document prescribed or approved by the | ||||||
7 | Secretary of State that is issued by a medical examiner to a | ||||||
8 | driver to medically qualify him or her to drive. | ||||||
9 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
10 | has received one of the following from the Federal Motor | ||||||
11 | Carrier Safety Administration which allows the driver to be | ||||||
12 | issued a medical certificate: (1) an exemption letter | ||||||
13 | permitting operation of a commercial motor vehicle pursuant to | ||||||
14 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
15 | skill performance evaluation (SPE) certificate permitting | ||||||
16 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
17 | 391.49. | ||||||
18 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
19 | which is self-propelled, and every vehicle which is propelled | ||||||
20 | by electric
power obtained from over head trolley wires but not | ||||||
21 | operated upon rails,
except vehicles moved solely by human | ||||||
22 | power and motorized wheel chairs.
| ||||||
23 | (22.2) Motor vehicle record. "Motor vehicle record" means a | ||||||
24 | report of the driving status and history of a driver generated | ||||||
25 | from the driver record provided to users, such as drivers or | ||||||
26 | employers, and is subject to the provisions of the Driver |
| |||||||
| |||||||
1 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
2 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
3 | combination of motor vehicles not defined by the term | ||||||
4 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
5 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
6 | means a person who operates or expects to operate in interstate | ||||||
7 | commerce, is subject to and meets the qualification | ||||||
8 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
9 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
10 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
11 | means a person who operates only in intrastate commerce and is | ||||||
12 | subject to State driver qualification requirements. | ||||||
13 | (23) Non-resident CDL. "Non-resident CDL" means a | ||||||
14 | commercial driver's
license issued by a state under either of | ||||||
15 | the following two conditions: | ||||||
16 | (i) to an individual domiciled in a foreign country | ||||||
17 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
18 | of the Federal Motor Carrier Safety Administration.
| ||||||
19 | (ii) to an individual domiciled in another state | ||||||
20 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
21 | of the Federal Motor Carrier Safety Administration.
| ||||||
22 | (24) (Blank).
| ||||||
23 | (25) (Blank).
| ||||||
24 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
25 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
26 | while operating a commercial motor vehicle, of
any
of the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | (A) Section 11-1201, 11-1202, or 11-1425 of this
| ||||||
3 | Code.
| ||||||
4 | (B) Any other similar
law or local ordinance of any | ||||||
5 | state relating to
railroad-highway grade crossing.
| ||||||
6 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
7 | vehicle used to transport pre-primary, primary, or secondary | ||||||
8 | school students from home to school, from school to home, or to | ||||||
9 | and from school-sponsored events. "School bus" does not include | ||||||
10 | a bus used as a common carrier.
| ||||||
11 | (26) Serious Traffic Violation. "Serious traffic | ||||||
12 | violation"
means:
| ||||||
13 | (A) a conviction when operating a commercial motor | ||||||
14 | vehicle, or when operating a non-CMV while holding a CDL,
| ||||||
15 | of:
| ||||||
16 | (i) a violation relating to excessive speeding,
| ||||||
17 | involving a single speeding charge of 15 miles per hour | ||||||
18 | or more above the
legal speed limit; or
| ||||||
19 | (ii) a violation relating to reckless driving; or
| ||||||
20 | (iii) a violation of any State law or local | ||||||
21 | ordinance relating to motor
vehicle traffic control | ||||||
22 | (other than parking violations) arising in
connection | ||||||
23 | with a fatal traffic accident; or
| ||||||
24 | (iv) a violation of Section 6-501, relating to | ||||||
25 | having multiple driver's
licenses; or
| ||||||
26 | (v) a violation of paragraph (a) of Section 6-507, |
| |||||||
| |||||||
1 | relating to the
requirement to have a valid CDL; or
| ||||||
2 | (vi) a violation relating to improper or erratic | ||||||
3 | traffic lane changes;
or
| ||||||
4 | (vii) a violation relating to following another | ||||||
5 | vehicle too closely; or
| ||||||
6 | (B) any other similar violation of a law or local
| ||||||
7 | ordinance of any state relating to motor vehicle traffic | ||||||
8 | control, other
than a parking violation, which the | ||||||
9 | Secretary of State determines by
administrative rule to be | ||||||
10 | serious.
| ||||||
11 | (27) State. "State" means a state of the United States, the | ||||||
12 | District of
Columbia and any province or territory of Canada.
| ||||||
13 | (28) (Blank).
| ||||||
14 | (29) (Blank).
| ||||||
15 | (30) (Blank).
| ||||||
16 | (31) (Blank).
| ||||||
17 | (Source: P.A. 94-307, eff. 9-30-05; 94-334, eff. 1-1-06; | ||||||
18 | 95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
| ||||||
19 | (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| ||||||
20 | Sec. 6-507. Commercial Driver's License (CDL) Required.
| ||||||
21 | (a) Except as expressly permitted by this UCDLA, or when | ||||||
22 | driving
pursuant to the issuance of a commercial driver | ||||||
23 | instruction permit and
accompanied by the holder of a CDL valid | ||||||
24 | for the vehicle being driven; no
person shall drive a | ||||||
25 | commercial motor vehicle on the highways without: |
| |||||||
| |||||||
1 | (1) a CDL in the driver's possession; | ||||||
2 | (2) having obtained a CDL; or | ||||||
3 | (3) the proper class of CDL or endorsements or both for | ||||||
4 | the specific vehicle group being operated or for the | ||||||
5 | passengers or type of cargo being transported ; or .
| ||||||
6 | (4) a copy of a medical variance document, if one | ||||||
7 | exists, such as an exemption letter or a skill performance | ||||||
8 | evaluation certificate. | ||||||
9 | (b) Except as otherwise provided by this Code, no person | ||||||
10 | may drive a
commercial motor vehicle on the highways while such | ||||||
11 | person's driving
privilege, license, or permit is:
| ||||||
12 | (1) Suspended, revoked, cancelled, or subject to
| ||||||
13 | disqualification. Any person convicted of violating this | ||||||
14 | provision or a
similar provision of this or any other state | ||||||
15 | shall have their driving
privileges revoked under | ||||||
16 | paragraph 12 of subsection (a) of Section 6-205 of
this | ||||||
17 | Code.
| ||||||
18 | (2) Subject to or in violation of an "out-of-service"
| ||||||
19 | order. Any person who has been issued a CDL and is | ||||||
20 | convicted of violating
this provision or a similar | ||||||
21 | provision of any other state shall be disqualified
from | ||||||
22 | operating a commercial motor vehicle under subsection (i) | ||||||
23 | of Section 6-514
of this Code.
| ||||||
24 | (3) Subject to or in violation of a driver or vehicle | ||||||
25 | "out of service" order while operating a vehicle designed | ||||||
26 | to transport 16 or more passengers, including the driver, |
| |||||||
| |||||||
1 | or transporting hazardous materials required to be | ||||||
2 | placarded. Any person who has been
issued a CDL and is | ||||||
3 | convicted of violating this provision or a similar
| ||||||
4 | provision of this or any other state shall be disqualified | ||||||
5 | from operating a
commercial motor vehicle under subsection | ||||||
6 | (i) of Section 6-514 of this Code.
| ||||||
7 | (b-3) Except as otherwise provided by this Code, no person | ||||||
8 | may drive a commercial motor vehicle on the highways during a | ||||||
9 | period which the commercial motor vehicle or the motor carrier | ||||||
10 | operation is subject to an "out-of-service" order. Any person | ||||||
11 | who is convicted of violating this provision or a similar | ||||||
12 | provision of any other state shall be disqualified from | ||||||
13 | operating a commercial motor vehicle under subsection (i) of | ||||||
14 | Section 6-514 of this Code. | ||||||
15 | (b-5) Except as otherwise provided by this Code, no person | ||||||
16 | may transport passengers or hazardous materials during a period | ||||||
17 | in which the commercial motor vehicle or the motor carrier | ||||||
18 | operation is subject to an "out-of-service" order. Any person | ||||||
19 | who is convicted of violating this provision or a similar | ||||||
20 | provision of any other state shall be disqualified from | ||||||
21 | operating a commercial motor vehicle under subsection (i) of | ||||||
22 | Section 6-514 of this Code.
| ||||||
23 | (c) Pursuant to the options provided to the States by FHWA | ||||||
24 | Docket No.
MC-88-8, the driver of any motor vehicle controlled | ||||||
25 | or operated by or for a
farmer is waived from the requirements | ||||||
26 | of this Section, when such motor
vehicle is being used to |
| |||||||
| |||||||
1 | transport: agricultural products; implements of
husbandry; or | ||||||
2 | farm supplies; to and from a farm, as long as such movement is | ||||||
3 | not over 150 air
miles from the originating farm. This waiver | ||||||
4 | does not apply to
the driver of any motor vehicle
being used in | ||||||
5 | a common or contract carrier type operation.
However, for those | ||||||
6 | drivers of any truck-tractor
semitrailer combination or | ||||||
7 | combinations registered under subsection (c) of
Section 3-815 | ||||||
8 | of this Code, this waiver shall apply only when the
driver is a | ||||||
9 | farmer or a member of the farmer's family and the driver is 21
| ||||||
10 | years
of age or more and has successfully completed any
tests | ||||||
11 | the Secretary of State deems necessary.
| ||||||
12 | In addition, the farmer or a member of the farmer's family | ||||||
13 | who operates a
truck-tractor semitrailer combination or | ||||||
14 | combinations pursuant to this waiver
shall be granted all of | ||||||
15 | the rights and shall be subject to all of the duties
and | ||||||
16 | restrictions with respect to Sections 6-514 and 6-515 of this | ||||||
17 | Code
applicable to the driver who possesses a commercial | ||||||
18 | driver's license issued
under this Code, except that the driver | ||||||
19 | shall not be subject to any additional
duties or restrictions | ||||||
20 | contained
in Part 382 of the Federal Motor Carrier Safety | ||||||
21 | Regulations that are
not otherwise imposed under Section 6-514 | ||||||
22 | or 6-515 of this Code.
| ||||||
23 | For purposes of this subsection (c), a member of the | ||||||
24 | farmer's family is a
natural or in-law spouse, child, parent, | ||||||
25 | or sibling.
| ||||||
26 | (c-5) An employee of a township or road district with a |
| |||||||
| |||||||
1 | population of
less
than 3,000 operating a vehicle within the | ||||||
2 | boundaries of the township or road
district for the purpose of | ||||||
3 | removing snow or ice from a roadway by plowing,
sanding, or | ||||||
4 | salting is waived from the requirements of this Section when | ||||||
5 | the
employee is needed to operate the vehicle because the | ||||||
6 | employee of the township
or road district who ordinarily | ||||||
7 | operates the vehicle and who has a commercial
driver's license | ||||||
8 | is unable to operate the vehicle or is in need of additional
| ||||||
9 | assistance due to a snow emergency.
| ||||||
10 | (c-10) A driver of a commercial motor vehicle used | ||||||
11 | primarily in the transportation of propane winter heating fuel | ||||||
12 | or a driver of a motor vehicle used to respond to a pipeline | ||||||
13 | emergency is waived from the requirements of this Section if | ||||||
14 | such requirements would prevent the driver from responding to | ||||||
15 | an emergency condition requiring immediate response as defined | ||||||
16 | in 49 C.F.R. Part 390.5. | ||||||
17 | (d) Any person convicted of violating this Section, shall | ||||||
18 | be guilty of a
Class A misdemeanor.
| ||||||
19 | (e) Any person convicted of violating paragraph (1) of | ||||||
20 | subsection (b) of this Section,
shall have all driving | ||||||
21 | privileges revoked by the Secretary of State.
| ||||||
22 | (f) This Section shall not apply to:
| ||||||
23 | (1) A person who currently holds a valid Illinois | ||||||
24 | driver's license,
for the type of vehicle being operated, | ||||||
25 | until the expiration of such
license or April 1, 1992, | ||||||
26 | whichever is earlier; or
|
| |||||||
| |||||||
1 | (2) A non-Illinois domiciliary who is properly | ||||||
2 | licensed in another
State, until April 1, 1992. A | ||||||
3 | non-Illinois domiciliary, if such
domiciliary is properly | ||||||
4 | licensed in another State or foreign jurisdiction,
until | ||||||
5 | April 1, 1992.
| ||||||
6 | (Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
| ||||||
7 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
8 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
9 | qualification standards.
| ||||||
10 | (a) Testing.
| ||||||
11 | (1) General. No person shall be issued an original or | ||||||
12 | renewal CDL
unless that person is
domiciled in this State. | ||||||
13 | The Secretary shall cause to be administered such
tests as | ||||||
14 | the Secretary deems necessary to meet the requirements of | ||||||
15 | 49
C.F.R. Part 383, subparts F, G, H, and J.
| ||||||
16 | (2) Third party testing. The Secretary of state may | ||||||
17 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
18 | Part 383.75, to administer the
skills test or tests | ||||||
19 | specified by Federal Motor Carrier Safety
Administration | ||||||
20 | pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | ||||||
21 | and any appropriate federal rule.
| ||||||
22 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
23 | the skills
test specified in this Section for a driver | ||||||
24 | applicant for a commercial driver license
who meets the | ||||||
25 | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
|
| |||||||
| |||||||
1 | (b-1) No person shall be issued a commercial driver | ||||||
2 | instruction permit or CDL unless the person certifies to the | ||||||
3 | Secretary one of the following types of driving operations in | ||||||
4 | which he or she will be engaged: | ||||||
5 | (1) non-excepted interstate; | ||||||
6 | (2) non-excepted intrastate; | ||||||
7 | (3) excepted interstate; or | ||||||
8 | (4) excepted intrastate. | ||||||
9 | (b-2) Persons who hold a commercial driver instruction | ||||||
10 | permit or CDL on January 30, 2012 must certify to the Secretary | ||||||
11 | no later than January 30, 2014 one of the following applicable | ||||||
12 | self-certifications: | ||||||
13 | (1) non-excepted interstate; | ||||||
14 | (2) non-excepted intrastate; | ||||||
15 | (3) excepted interstate; or | ||||||
16 | (4) excepted intrastate. | ||||||
17 | (c) Limitations on issuance of a CDL. A CDL, or a | ||||||
18 | commercial driver
instruction permit, shall not be issued to a | ||||||
19 | person while the person is
subject to a disqualification from | ||||||
20 | driving a commercial motor vehicle, or
unless otherwise | ||||||
21 | permitted by this Code, while the person's driver's
license is | ||||||
22 | suspended, revoked or cancelled in
any state, or any territory | ||||||
23 | or province of Canada; nor may a CDL be issued
to a person who | ||||||
24 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
25 | unless the person first surrenders all such
licenses. No CDL | ||||||
26 | shall be issued to or renewed for a person who does not
meet |
| |||||||
| |||||||
1 | the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||||||
2 | met with
the aid of a hearing aid.
| ||||||
3 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
4 | driver endorsement
to allow a person to drive the type of bus | ||||||
5 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
6 | The CDL with a school bus driver endorsement may be
issued only | ||||||
7 | to a person meeting the following requirements:
| ||||||
8 | (1) the person has submitted his or her fingerprints to | ||||||
9 | the
Department of State Police in the form and manner
| ||||||
10 | prescribed by the Department of State Police. These
| ||||||
11 | fingerprints shall be checked against the fingerprint | ||||||
12 | records
now and hereafter filed in the Department of State | ||||||
13 | Police and
Federal Bureau of Investigation criminal | ||||||
14 | history records databases;
| ||||||
15 | (2) the person has passed a written test, administered | ||||||
16 | by the Secretary of
State, on charter bus operation, | ||||||
17 | charter bus safety, and certain special
traffic laws
| ||||||
18 | relating to school buses determined by the Secretary of | ||||||
19 | State to be relevant to
charter buses, and submitted to a | ||||||
20 | review of the driver applicant's driving
habits by the | ||||||
21 | Secretary of State at the time the written test is given;
| ||||||
22 | (3) the person has demonstrated physical fitness to | ||||||
23 | operate school buses
by
submitting the results of a medical | ||||||
24 | examination, including tests for drug
use; and
| ||||||
25 | (4) the person has not been convicted of committing or | ||||||
26 | attempting
to commit any
one or more of the following |
| |||||||
| |||||||
1 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
2 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
3 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, | ||||||
4 | 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, | ||||||
5 | 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, | ||||||
6 | 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, | ||||||
7 | 11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, | ||||||
8 | 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, | ||||||
9 | 12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, | ||||||
10 | 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
11 | 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
18-1,
| ||||||
12 | 18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, | ||||||
13 | 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, | ||||||
14 | 24-3.3, 24-3.5, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in | ||||||
15 | subsection (b) of Section 8-1, and in subsection (a) and | ||||||
16 | subsection (b), clause (1), of Section
12-4, and in | ||||||
17 | subsection (A), clauses (a) and (b), of Section 24-3, and | ||||||
18 | those offenses contained in Article 29D of the Criminal | ||||||
19 | Code of 1961; (ii) those offenses defined in the
Cannabis | ||||||
20 | Control Act except those offenses defined in subsections | ||||||
21 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
22 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
23 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
24 | offenses defined in the Methamphetamine Control and | ||||||
25 | Community Protection Act; (v) any offense committed or | ||||||
26 | attempted in any other state or against
the laws of the |
| |||||||
| |||||||
1 | United States, which if committed or attempted in this
| ||||||
2 | State would be punishable as one or more of the foregoing | ||||||
3 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
4 | of the Wrongs to Children Act; (vii) those offenses defined | ||||||
5 | in Section 6-16 of the Liquor Control Act of
1934; and | ||||||
6 | (viii) those offenses defined in the Methamphetamine | ||||||
7 | Precursor Control Act.
| ||||||
8 | The Department of State Police shall charge
a fee for | ||||||
9 | conducting the criminal history records check, which shall be
| ||||||
10 | deposited into the State Police Services Fund and may not | ||||||
11 | exceed the actual
cost of the records check.
| ||||||
12 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
13 | endorsement to allow a person to drive a school bus as defined | ||||||
14 | in this Section. The CDL shall be issued according to the | ||||||
15 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
16 | operate a school bus as defined in this Section without a | ||||||
17 | school bus endorsement. The Secretary of State may adopt rules | ||||||
18 | consistent with Federal guidelines to implement this | ||||||
19 | subsection (c-2).
| ||||||
20 | (d) Commercial driver instruction permit. A commercial | ||||||
21 | driver
instruction permit may be issued to any person holding a | ||||||
22 | valid Illinois
driver's license if such person successfully | ||||||
23 | passes such tests as the
Secretary determines to be necessary.
| ||||||
24 | A commercial driver instruction permit shall not be issued to a | ||||||
25 | person who
does not meet
the requirements of 49 CFR 391.41 | ||||||
26 | (b)(11), except for the renewal of a
commercial driver
|
| |||||||
| |||||||
1 | instruction permit for a person who possesses a commercial | ||||||
2 | instruction permit
prior to the
effective date of this | ||||||
3 | amendatory Act of 1999.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07; | ||||||
5 | 96-1182, eff. 7-22-10.)
| ||||||
6 | (625 ILCS 5/6-508.1 new) | ||||||
7 | Sec. 6-508.1. Medical Examiner's Certificate. | ||||||
8 | (a) It shall be unlawful for any person to drive a CMV in | ||||||
9 | non-excepted interstate commerce unless the person holds a CDL | ||||||
10 | and is medically certified as physically qualified to do so. | ||||||
11 | (b) No person who has certified to non-excepted interstate | ||||||
12 | driving as provided in Section 6-508 of this Code shall be | ||||||
13 | issued a commercial driver instruction permit or CDL unless | ||||||
14 | that person presents to the Secretary a medical examiner's | ||||||
15 | certificate or has a current medical examiner's certificate on | ||||||
16 | the CDLIS driver record. | ||||||
17 | (c) Persons who hold a commercial driver instruction permit | ||||||
18 | or CDL on January 30, 2012 who have certified as non-excepted | ||||||
19 | interstate as provided in Section 6-508 of this Code must | ||||||
20 | provide to the Secretary a medical examiner's certificate no | ||||||
21 | later than January 30, 2014. | ||||||
22 | (d) As of January 30, 2014, all persons who hold a | ||||||
23 | commercial driver instruction permit or CDL who have certified | ||||||
24 | as non-excepted interstate shall maintain a current medical | ||||||
25 | examiner's certificate on file with the Secretary. |
| |||||||
| |||||||
1 | (e) Within 10 calendar days of receipt of a medical | ||||||
2 | examiner's certificate of a driver who has certified as | ||||||
3 | non-excepted interstate, the Secretary shall post the | ||||||
4 | following to the CDLIS driver record: | ||||||
5 | (1) the medical examiner's name; | ||||||
6 | (2) the medical examiner's telephone number; | ||||||
7 | (3) the date of issuance of the medical examiner's | ||||||
8 | certificate; | ||||||
9 | (4) the medical examiner's license number and the state | ||||||
10 | that issued it; | ||||||
11 | (5) the medical certification status; | ||||||
12 | (6) the expiration date of the medical examiner's | ||||||
13 | certificate; | ||||||
14 | (7) the existence of any medical variance on the | ||||||
15 | medical examiner's certificate or grandfather provisions; | ||||||
16 | (8) any restrictions noted on the medical examiner's | ||||||
17 | certificate; and | ||||||
18 | (9) the date the medical examiner's certificate | ||||||
19 | information was posted to the CDLIS driver record. | ||||||
20 | (f) Within 10 calendar days of the expiration or rescission | ||||||
21 | of the driver's medical examiner's certificate or medical | ||||||
22 | variance or both, the Secretary shall update the medical | ||||||
23 | certification status to "not certified". | ||||||
24 | (g) Within 10 calendar days of receipt of information from | ||||||
25 | the Federal Motor Carrier Safety Administration regarding | ||||||
26 | issuance or renewal of a medical variance, the Secretary shall |
| |||||||
| |||||||
1 | update the CDLIS driver record to include the medical variance | ||||||
2 | information provided by the Federal Motor Carrier Safety | ||||||
3 | Administration. | ||||||
4 | (h) The Secretary shall notify the driver of his or her | ||||||
5 | non-certified status and that his or her CDL will be canceled | ||||||
6 | unless the driver submits a current medical examiner's | ||||||
7 | certificate or medical variance or changes his or her | ||||||
8 | self-certification to driving only in excepted or intrastate | ||||||
9 | commerce. | ||||||
10 | (i) Within 60 calendar days of a driver's medical | ||||||
11 | certification status becoming non-certified, the Secretary | ||||||
12 | shall cancel the CDL.
| ||||||
13 | (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
| ||||||
14 | Sec. 6-513. Commercial Driver's License or CDL. The content | ||||||
15 | of the CDL
shall include, but not necessarily be limited to the | ||||||
16 | following:
| ||||||
17 | (a) A CDL shall be distinctly marked "Commercial Driver's | ||||||
18 | License" or
"CDL". It must include, but not necessarily be | ||||||
19 | limited to, the following
information:
| ||||||
20 | (1) the legal name and the Illinois domiciliary address | ||||||
21 | (unless it is
a
Non-resident CDL) of the person to whom the | ||||||
22 | CDL is issued;
| ||||||
23 | (2) the person's color photograph;
| ||||||
24 | (3) a physical description of the person including sex, | ||||||
25 | height, and
may include weight, color of eyes and hair |
| |||||||
| |||||||
1 | color;
| ||||||
2 | (4) date of birth;
| ||||||
3 | (5) a CDL or file number assigned by the Secretary of | ||||||
4 | State;
| ||||||
5 | (6) the person's signature;
| ||||||
6 | (7) the class or type of commercial vehicle or vehicles | ||||||
7 | which the
person is authorized to drive together with any | ||||||
8 | endorsements or restrictions;
| ||||||
9 | (8) the name of the issuing state; and
| ||||||
10 | (9) the issuance and expiration dates of the CDL ; and .
| ||||||
11 | (10) the restriction code "V" if the driver has been | ||||||
12 | issued a medical variance. | ||||||
13 | (b) Applicant Record Check.
| ||||||
14 | Prior to issuing, renewing, upgrading, or transferring the | ||||||
15 | issuance of a CDL, the Secretary of State shall
obtain, review, | ||||||
16 | and maintain upon issuance , renewal, upgrade, or transfer the | ||||||
17 | driver
applicant's driving record as required by 49 C.F.R. Part | ||||||
18 | 383 and Part 384
and the United States Secretary of | ||||||
19 | Transportation.
| ||||||
20 | (c) Notification of Commercial Driver's License (CDL) | ||||||
21 | Issuance and Self-Certification .
| ||||||
22 | Within 10 days after issuing a CDL, the Secretary of State | ||||||
23 | must notify
the Commercial Driver License Information System of | ||||||
24 | that fact, and provide
all information required to ensure | ||||||
25 | identification of the person.
The Secretary shall also post the | ||||||
26 | driver's self-certification for the type of driving operations |
| |||||||
| |||||||
1 | to the CDLIS driver record.
| ||||||
2 | (c-5) Change in driver identification information. | ||||||
3 | Within 10 days of any change of driver identification | ||||||
4 | information on any CDL holder, the Secretary of State must | ||||||
5 | notify the Commercial Driver License Information System of the | ||||||
6 | change.
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7 | (d) Renewal.
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8 | Every person applying for a renewal of a CDL must complete | ||||||
9 | the
appropriate application form required by this Code and any | ||||||
10 | other test
deemed necessary by the Secretary.
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11 | (Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
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12 | (625 ILCS 5/6-519) (from Ch. 95 1/2, par. 6-519)
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13 | Sec. 6-519. Driving Record Information To Be Furnished. | ||||||
14 | Notwithstanding
any other provision of law to the contrary, the | ||||||
15 | Secretary of State shall
furnish the following full information | ||||||
16 | regarding a commercial driver's driving record to :
all | ||||||
17 | information on CDLIS driver records to the driver licensing | ||||||
18 | administrator of any other State; all information on CDLIS | ||||||
19 | driver records to the U.S. Department of Transportation; all | ||||||
20 | information on the CDLIS driver record obtained on the CDLIS | ||||||
21 | motor vehicle record to the affected driver or a motor carrier | ||||||
22 | or prospective motor carrier requesting such
information ; all | ||||||
23 | information on the CDLIS driver record obtained on the CDLIS | ||||||
24 | motor vehicle record of a current or prospective driver to a | ||||||
25 | motor carrier or prospective motor carrier requesting such |
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1 | information , within 10 days of the request; and any other | ||||||
2 | entity or person authorized to receive such
information | ||||||
3 | pursuant to Section 2-123 of this Code.
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4 | (Source: P.A. 95-382, eff. 8-23-07.)
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5 | Section 99. Effective date. This Act takes effect January | ||||||
6 | 1, 2012.
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