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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2563 Introduced , by Rep. Robert W. Pritchard SYNOPSIS AS INTRODUCED:
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| 625 ILCS 5/6-508 | from Ch. 95 1/2, par. 6-508 |
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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, 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.
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| | A BILL FOR |
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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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