Bill Text: IL HB3320 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning commercial driver's licenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3320 Detail]
Download: Illinois-2009-HB3320-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, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-514 as follows:
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6 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
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7 | Sec. 6-514. Commercial Driver's License (CDL) - | |||||||||||||||||||
8 | Disqualifications.
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9 | (a) A person shall be disqualified from driving a | |||||||||||||||||||
10 | commercial motor
vehicle for a period of not less than 12 | |||||||||||||||||||
11 | months for the
the first violation of:
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12 | (1) Refusing to submit to or failure to complete a test | |||||||||||||||||||
13 | or tests to
determine the driver's blood concentration of | |||||||||||||||||||
14 | alcohol, other drug, or both,
while driving a commercial | |||||||||||||||||||
15 | motor vehicle or, if the driver is a CDL holder, while | |||||||||||||||||||
16 | driving a non-CMV; or
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17 | (2) Operating a commercial motor vehicle while the | |||||||||||||||||||
18 | alcohol
concentration of the person's blood, breath or | |||||||||||||||||||
19 | urine is at least 0.04, or any
amount of a drug, substance, | |||||||||||||||||||
20 | or compound in the person's blood or urine
resulting from | |||||||||||||||||||
21 | the unlawful use or consumption of cannabis listed in the
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22 | Cannabis Control Act, a controlled substance listed in the | |||||||||||||||||||
23 | Illinois
Controlled Substances Act, or methamphetamine as |
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1 | listed in the Methamphetamine Control and Community | ||||||
2 | Protection Act as indicated by a police officer's sworn | ||||||
3 | report or
other verified evidence; or operating a | ||||||
4 | non-commercial motor vehicle while the alcohol | ||||||
5 | concentration of the person's blood, breath, or urine was | ||||||
6 | above the legal limit defined in Section 11-501.1 or | ||||||
7 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
8 | the person's blood or urine resulting from the unlawful use | ||||||
9 | or consumption of cannabis listed in the Cannabis Control | ||||||
10 | Act, a controlled substance listed in the Illinois | ||||||
11 | Controlled Substances Act, or methamphetamine as listed in | ||||||
12 | the Methamphetamine Control and Community Protection Act
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13 | as indicated by a police officer's sworn report or other | ||||||
14 | verified evidence while holding a commercial driver's | ||||||
15 | license; or
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16 | (3) Conviction for a first violation of:
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17 | (i) Driving a commercial motor vehicle or, if the | ||||||
18 | driver is a CDL holder, driving a non-CMV while under | ||||||
19 | the influence of
alcohol, or any other drug, or | ||||||
20 | combination of drugs to a degree which
renders such | ||||||
21 | person incapable of safely driving; or
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22 | (ii) Knowingly and wilfully leaving the scene of an | ||||||
23 | accident while
operating a commercial motor vehicle | ||||||
24 | or, if the driver is a CDL holder, while driving a | ||||||
25 | non-CMV; or
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26 | (iii) Driving a commercial motor vehicle or, if the |
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1 | driver is a CDL holder, driving a non-CMV while | ||||||
2 | committing any felony; or | ||||||
3 | (iv) Driving a commercial motor vehicle while the | ||||||
4 | person's driving privileges or driver's license or | ||||||
5 | permit is revoked, suspended, or cancelled or the | ||||||
6 | driver is disqualified from operating a commercial | ||||||
7 | motor vehicle; or | ||||||
8 | (v) Causing a fatality through the negligent | ||||||
9 | operation of a commercial motor vehicle, including but | ||||||
10 | not limited to the crimes of motor vehicle | ||||||
11 | manslaughter, homicide by a motor vehicle, and | ||||||
12 | negligent homicide. | ||||||
13 | As used in this subdivision (a)(3)(v), "motor | ||||||
14 | vehicle manslaughter" means the offense of involuntary | ||||||
15 | manslaughter if committed by means of a vehicle; | ||||||
16 | "homicide by a motor vehicle" means the offense of | ||||||
17 | first degree murder or second degree murder, if either | ||||||
18 | offense is committed by means of a vehicle; and | ||||||
19 | "negligent homicide" means reckless homicide under | ||||||
20 | Section 9-3 of the Criminal Code of 1961 and aggravated | ||||||
21 | driving under the influence of alcohol, other drug or | ||||||
22 | drugs, intoxicating compound or compounds, or any | ||||||
23 | combination thereof under subdivision (d)(1)(F) of | ||||||
24 | Section 11-501 of this Code.
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25 | If any of the above violations or refusals occurred | ||||||
26 | while
transporting hazardous material(s) required to be |
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1 | placarded, the person
shall be disqualified for a period of | ||||||
2 | not less than 3 years.
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3 | (b) A person is disqualified for life for a second | ||||||
4 | conviction of any of
the offenses specified in paragraph (a), | ||||||
5 | or any combination of those
offenses, arising from 2 or more | ||||||
6 | separate incidents.
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7 | (c) A person is disqualified from driving a commercial | ||||||
8 | motor vehicle for
life if the person either (i) uses a | ||||||
9 | commercial motor vehicle in the commission of any felony
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10 | involving the manufacture, distribution, or dispensing of a | ||||||
11 | controlled
substance, or possession with intent to | ||||||
12 | manufacture, distribute or dispense
a controlled substance or | ||||||
13 | (ii) if the person is a CDL holder, uses a non-CMV in the | ||||||
14 | commission of a felony involving any of those activities.
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15 | (d) The Secretary of State may, when the United States | ||||||
16 | Secretary of
Transportation so authorizes, issue regulations | ||||||
17 | in which a disqualification
for life under paragraph (b) may be | ||||||
18 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
19 | driver is subsequently convicted of another disqualifying
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20 | offense, as specified in subsection (a) of this Section, he or | ||||||
21 | she shall be
permanently disqualified for life and shall be | ||||||
22 | ineligible to again apply for a
reduction of the lifetime | ||||||
23 | disqualification.
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24 | (e) A person is disqualified from driving a commercial | ||||||
25 | motor vehicle for
a period of not less than 2 months if | ||||||
26 | convicted of 2 serious traffic
violations, committed in a |
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1 | commercial motor vehicle, arising from separate
incidents, | ||||||
2 | occurring within a 3 year period. However, a person will be
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3 | disqualified from driving a commercial motor vehicle for a | ||||||
4 | period of not less
than 4 months if convicted of 3 serious | ||||||
5 | traffic violations, committed in a
commercial motor vehicle, | ||||||
6 | arising from separate incidents, occurring within a 3
year | ||||||
7 | period.
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8 | (e-1) A person is disqualified from driving a commercial | ||||||
9 | motor vehicle for a period of not less than 2 months if | ||||||
10 | convicted of 2 serious traffic violations committed in a | ||||||
11 | non-CMV while holding a CDL, arising from separate incidents, | ||||||
12 | occurring within a 3 year period, if the convictions would | ||||||
13 | result in the suspension or revocation of the CDL holder's | ||||||
14 | non-CMV privileges. A person shall be disqualified from driving | ||||||
15 | a commercial motor vehicle for a period of not less than 4 | ||||||
16 | months, however, if he or she is convicted of 3 or more serious | ||||||
17 | traffic violations committed in a non-CMV while holding a CDL, | ||||||
18 | arising from separate incidents, occurring within a 3 year | ||||||
19 | period, if the convictions would result in the suspension or | ||||||
20 | revocation of the CDL holder's non-CMV privileges.
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21 | (f) Notwithstanding any other provision of this Code, any | ||||||
22 | driver
disqualified from operating a commercial motor vehicle, | ||||||
23 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
24 | of commercial driving
privileges during any such period of | ||||||
25 | disqualification.
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26 | (g) After suspending, revoking, or cancelling a commercial |
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1 | driver's
license, the Secretary of State must update the | ||||||
2 | driver's records to reflect
such action within 10 days. After | ||||||
3 | suspending or revoking the driving privilege
of any person who | ||||||
4 | has been issued a CDL or commercial driver instruction permit
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5 | from another jurisdiction, the Secretary shall originate | ||||||
6 | notification to
such issuing jurisdiction within 10 days.
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7 | (h) The "disqualifications" referred to in this Section | ||||||
8 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
9 | by the Secretary of
State, unless the prohibited action(s) | ||||||
10 | occurred after March 31, 1992.
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11 | (i) A person is disqualified from driving a commercial | ||||||
12 | motor vehicle in
accordance with the following:
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13 | (1) For 6 months upon a first conviction of paragraph | ||||||
14 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
15 | of this Code.
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16 | (2) For one year upon a second conviction of paragraph | ||||||
17 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
18 | of this Code within a 10-year period.
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19 | (3) For 3 years upon a third or subsequent conviction | ||||||
20 | of paragraph (2) of
subsection (b) or subsection (b-3) of | ||||||
21 | Section 6-507 of this Code within a 10-year period.
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22 | (4) For one year upon a first conviction of paragraph | ||||||
23 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
24 | of this Code.
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25 | (5) For 3 years upon a second conviction of paragraph | ||||||
26 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 |
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1 | of this Code within a 10-year period.
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2 | (6) For 5 years upon a third or subsequent conviction | ||||||
3 | of paragraph (3) of
subsection (b) or subsection (b-5) of | ||||||
4 | Section 6-507 of this Code within a 10-year period.
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5 | (j) Disqualification for railroad-highway grade crossing
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6 | violation.
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7 | (1) General rule. A driver who is convicted of a | ||||||
8 | violation of a federal,
State, or
local law or regulation | ||||||
9 | pertaining to
one of the following 6 offenses at a | ||||||
10 | railroad-highway grade crossing must be
disqualified
from | ||||||
11 | operating a commercial motor vehicle for the period of time | ||||||
12 | specified in
paragraph (2) of this subsection (j) if the | ||||||
13 | offense was committed while
operating a commercial motor | ||||||
14 | vehicle:
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15 | (i) For drivers who are not required to always | ||||||
16 | stop, failing to
slow down and check that the tracks | ||||||
17 | are clear of an approaching train, as
described in | ||||||
18 | subsection (a-5) of Section 11-1201 of this Code;
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19 | (ii) For drivers who are not required to always | ||||||
20 | stop, failing to
stop before reaching the crossing, if | ||||||
21 | the tracks are not clear, as described in
subsection | ||||||
22 | (a) of Section 11-1201 of this Code;
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23 | (iii) For drivers who are always required to stop, | ||||||
24 | failing to stop
before driving onto the crossing, as | ||||||
25 | described in Section 11-1202 of this Code;
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26 | (iv) For all drivers, failing to have sufficient |
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1 | space to drive
completely through the crossing without | ||||||
2 | stopping, as described in subsection
(b) of Section | ||||||
3 | 11-1425 of this Code;
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4 | (v) For all drivers, failing to obey a traffic | ||||||
5 | control device or
the directions of an enforcement | ||||||
6 | official at the crossing, as described in
subdivision | ||||||
7 | (a)2 of Section 11-1201 of this Code;
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8 | (vi) For all drivers, failing to negotiate a | ||||||
9 | crossing because of
insufficient undercarriage | ||||||
10 | clearance, as described in subsection (d-1) of
Section | ||||||
11 | 11-1201 of this Code.
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12 | (2) Duration of disqualification for railroad-highway | ||||||
13 | grade
crossing violation.
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14 | (i) First violation. A driver must be disqualified | ||||||
15 | from operating a
commercial motor vehicle
for not less | ||||||
16 | than 60 days if the driver is convicted of a violation | ||||||
17 | described
in paragraph
(1) of this subsection (j) and, | ||||||
18 | in the three-year period preceding the
conviction, the | ||||||
19 | driver
had no convictions for a violation described in | ||||||
20 | paragraph (1) of this
subsection (j).
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21 | (ii) Second violation. A driver must be | ||||||
22 | disqualified from operating a
commercial
motor vehicle
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23 | for not less
than 120 days if the driver is convicted
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24 | of a violation described in paragraph (1) of this | ||||||
25 | subsection (j) and, in the
three-year
period preceding | ||||||
26 | the conviction, the driver had one other conviction for |
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1 | a
violation
described in paragraph (1) of this | ||||||
2 | subsection (j) that was committed in a
separate
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3 | incident.
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4 | (iii) Third or subsequent violation. A driver must | ||||||
5 | be disqualified from
operating a
commercial motor | ||||||
6 | vehicle
for not less than one year if the driver is | ||||||
7 | convicted
of a violation described in paragraph (1) of | ||||||
8 | this subsection (j) and, in the
three-year
period | ||||||
9 | preceding the conviction, the driver had 2 or more | ||||||
10 | other convictions for
violations
described in | ||||||
11 | paragraph (1) of this subsection (j) that were | ||||||
12 | committed in
separate incidents.
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13 | (k) Upon notification of a disqualification of a driver's | ||||||
14 | commercial motor vehicle privileges imposed by the U.S. | ||||||
15 | Department of Transportation, Federal Motor Carrier Safety | ||||||
16 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
17 | Secretary of State shall immediately record to the driving | ||||||
18 | record the notice of disqualification and confirm to the driver | ||||||
19 | the action that has been taken.
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20 | (Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06; | ||||||
21 | 95-382, eff. 8-23-07.)
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