Bill Text: IL HB2563 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides a skills test waiver to personnel of the armed forces of the United States, including Reserve and National Guard members, applying for a CDL that meet the following: (1) have 2 years experience operating a military motor vehicle that is representative of the class of commercial motor vehicle for which the applicant is seeking a CDL, (2) are active duty or discharged within the past year, (3) are residents of Illinois or hold or are eligible for an Illinois driver's license, and (4) provide a skills test waiver form signed by the applicant and his or her commanding officer certifying the applicant qualifies for the skills waiver.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0052 [HB2563 Detail]
Download: Illinois-2013-HB2563-Introduced.html
Bill Title: Amends the Illinois Vehicle Code. Provides a skills test waiver to personnel of the armed forces of the United States, including Reserve and National Guard members, applying for a CDL that meet the following: (1) have 2 years experience operating a military motor vehicle that is representative of the class of commercial motor vehicle for which the applicant is seeking a CDL, (2) are active duty or discharged within the past year, (3) are residents of Illinois or hold or are eligible for an Illinois driver's license, and (4) provide a skills test waiver form signed by the applicant and his or her commanding officer certifying the applicant qualifies for the skills waiver.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0052 [HB2563 Detail]
Download: Illinois-2013-HB2563-Introduced.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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-508 as follows:
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6 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
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7 | Sec. 6-508. Commercial Driver's License (CDL) - | |||||||||||||||||||
8 | qualification standards.
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9 | (a) Testing.
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10 | (1) General. No person shall be issued an original or | |||||||||||||||||||
11 | renewal CDL
unless that person is
domiciled in this State. | |||||||||||||||||||
12 | The Secretary shall cause to be administered such
tests as | |||||||||||||||||||
13 | the Secretary deems necessary to meet the requirements of | |||||||||||||||||||
14 | 49
C.F.R. Part 383, subparts F, G, H, and J.
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15 | (2) Third party testing. The Secretary of state may | |||||||||||||||||||
16 | authorize a
"third party tester", pursuant to 49 C.F.R. | |||||||||||||||||||
17 | Part 383.75, to administer the
skills test or tests | |||||||||||||||||||
18 | specified by Federal Motor Carrier Safety
Administration | |||||||||||||||||||
19 | pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | |||||||||||||||||||
20 | and any appropriate federal rule.
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21 | (b) Waiver of Skills Test. The Secretary of State may waive | |||||||||||||||||||
22 | the skills
test specified in this Section for a driver | |||||||||||||||||||
23 | applicant for a commercial driver license
who meets the |
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1 | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
The | ||||||
2 | Secretary of State shall waive the skills test specified in | ||||||
3 | this Section for personnel of the armed forces of the United | ||||||
4 | States, including Reserve and National Guard, that satisfy the | ||||||
5 | following:
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6 | (1) have 2 years minimum experience operating a | ||||||
7 | military motor vehicle that is representative of the class | ||||||
8 | of commercial motor vehicle for which the applicant is | ||||||
9 | seeking a CDL; | ||||||
10 | (2) are active duty or discharged from the military | ||||||
11 | within the past 365 days; | ||||||
12 | (3) are Illinois residents or hold or are eligible for | ||||||
13 | an Illinois driver's license. For purposes of this | ||||||
14 | paragraph active duty military personnel assigned to a unit | ||||||
15 | based in this State may prove residency by presenting a | ||||||
16 | letter from his or her commanding officer that the | ||||||
17 | applicant resides at a military base located in this State, | ||||||
18 | military orders assigning the person to a military unit | ||||||
19 | located in this State, or by a leave and earnings | ||||||
20 | statement; and | ||||||
21 | (4) provide a skills test waiver form supplied by the | ||||||
22 | Secretary of State signed by the applicant and his or her | ||||||
23 | commanding officer certifying that the applicant meets the | ||||||
24 | criteria of this subsection. | ||||||
25 | (b-1) No person shall be issued a commercial driver | ||||||
26 | instruction permit or CDL unless the person certifies to the |
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1 | Secretary one of the following types of driving operations in | ||||||
2 | which he or she will be engaged: | ||||||
3 | (1) non-excepted interstate; | ||||||
4 | (2) non-excepted intrastate; | ||||||
5 | (3) excepted interstate; or | ||||||
6 | (4) excepted intrastate. | ||||||
7 | (b-2) Persons who hold a commercial driver instruction | ||||||
8 | permit or CDL on January 30, 2012 must certify to the Secretary | ||||||
9 | no later than January 30, 2014 one of the following applicable | ||||||
10 | self-certifications: | ||||||
11 | (1) non-excepted interstate; | ||||||
12 | (2) non-excepted intrastate; | ||||||
13 | (3) excepted interstate; or | ||||||
14 | (4) excepted intrastate. | ||||||
15 | (c) Limitations on issuance of a CDL. A CDL, or a | ||||||
16 | commercial driver
instruction permit, shall not be issued to a | ||||||
17 | person while the person is
subject to a disqualification from | ||||||
18 | driving a commercial motor vehicle, or
unless otherwise | ||||||
19 | permitted by this Code, while the person's driver's
license is | ||||||
20 | suspended, revoked or cancelled in
any state, or any territory | ||||||
21 | or province of Canada; nor may a CDL be issued
to a person who | ||||||
22 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
23 | unless the person first surrenders all such
licenses. No CDL | ||||||
24 | shall be issued to or renewed for a person who does not
meet | ||||||
25 | the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||||||
26 | met with
the aid of a hearing aid.
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1 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
2 | driver endorsement
to allow a person to drive the type of bus | ||||||
3 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
4 | The CDL with a school bus driver endorsement may be
issued only | ||||||
5 | to a person meeting the following requirements:
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6 | (1) the person has submitted his or her fingerprints to | ||||||
7 | the
Department of State Police in the form and manner
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8 | prescribed by the Department of State Police. These
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9 | fingerprints shall be checked against the fingerprint | ||||||
10 | records
now and hereafter filed in the Department of State | ||||||
11 | Police and
Federal Bureau of Investigation criminal | ||||||
12 | history records databases;
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13 | (2) the person has passed a written test, administered | ||||||
14 | by the Secretary of
State, on charter bus operation, | ||||||
15 | charter bus safety, and certain special
traffic laws
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16 | relating to school buses determined by the Secretary of | ||||||
17 | State to be relevant to
charter buses, and submitted to a | ||||||
18 | review of the driver applicant's driving
habits by the | ||||||
19 | Secretary of State at the time the written test is given;
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20 | (3) the person has demonstrated physical fitness to | ||||||
21 | operate school buses
by
submitting the results of a medical | ||||||
22 | examination, including tests for drug
use; and
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23 | (4) the person has not been convicted of committing or | ||||||
24 | attempting
to commit any
one or more of the following | ||||||
25 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
26 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
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1 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
2 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
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3 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
4 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
5 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
6 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
7 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
8 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
9 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
10 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
11 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
12 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
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13 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
14 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||||||
15 | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||||||
16 | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||||||
17 | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||||||
18 | Section 12-3.05, and in subsection (a) and subsection (b), | ||||||
19 | clause (1), of Section
12-4, and in subsection (A), clauses | ||||||
20 | (a) and (b), of Section 24-3, and those offenses contained | ||||||
21 | in Article 29D of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012; (ii) those offenses defined in the
Cannabis | ||||||
23 | Control Act except those offenses defined in subsections | ||||||
24 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
25 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
26 | in the Illinois Controlled Substances
Act; (iv) those |
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1 | offenses defined in the Methamphetamine Control and | ||||||
2 | Community Protection Act; (v) any offense committed or | ||||||
3 | attempted in any other state or against
the laws of the | ||||||
4 | United States, which if committed or attempted in this
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5 | State would be punishable as one or more of the foregoing | ||||||
6 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
7 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
9 | those offenses defined in Section 6-16 of the Liquor | ||||||
10 | Control Act of
1934; and (viii) those offenses defined in | ||||||
11 | the Methamphetamine Precursor Control Act.
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12 | The Department of State Police shall charge
a fee for | ||||||
13 | conducting the criminal history records check, which shall be
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14 | deposited into the State Police Services Fund and may not | ||||||
15 | exceed the actual
cost of the records check.
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16 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
17 | endorsement to allow a person to drive a school bus as defined | ||||||
18 | in this Section. The CDL shall be issued according to the | ||||||
19 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
20 | operate a school bus as defined in this Section without a | ||||||
21 | school bus endorsement. The Secretary of State may adopt rules | ||||||
22 | consistent with Federal guidelines to implement this | ||||||
23 | subsection (c-2).
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24 | (d) Commercial driver instruction permit. A commercial | ||||||
25 | driver
instruction permit may be issued to any person holding a | ||||||
26 | valid Illinois
driver's license if such person successfully |
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1 | passes such tests as the
Secretary determines to be necessary.
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2 | A commercial driver instruction permit shall not be issued to a | ||||||
3 | person who
does not meet
the requirements of 49 CFR 391.41 | ||||||
4 | (b)(11), except for the renewal of a
commercial driver
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5 | instruction permit for a person who possesses a commercial | ||||||
6 | instruction permit
prior to the
effective date of this | ||||||
7 | amendatory Act of 1999.
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8 | (Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1, | ||||||
9 | Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff. | ||||||
10 | 7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||||||
11 | eff. 1-1-13; 97-1150, eff. 1-25-13.)
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