Public Act 097-0750

HB3948 Enrolled LRB097 15722 HEP 60866 b

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing

Section 6-500 as follows:

(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)

Sec. 6-500. Definitions of words and phrases.

Notwithstanding the definitions set forth elsewhere in this

Code, for purposes of the Uniform Commercial Driver's License

Act (UCDLA), the words and phrases listed below have the

meanings ascribed to them as follows:

(1) Alcohol. "Alcohol" means any substance containing any

form of alcohol, including but not limited to ethanol,

methanol, propanol, and isopropanol.

(2) Alcohol concentration. "Alcohol concentration" means:

(A) the number of grams of alcohol per 210 liters of

breath; or

(B) the number of grams of alcohol per 100 milliliters

of blood; or

(C) the number of grams of alcohol per 67 milliliters

of urine.

Alcohol tests administered within 2 hours of the driver

being "stopped or detained" shall be considered that driver's

"alcohol concentration" for the purposes of enforcing this

UCDLA.

(3) (Blank).

(4) (Blank).

(5) (Blank).

(5.3) CDLIS driver record. "CDLIS driver record" means the

electronic record of the individual CDL driver's status and

history stored by the State-of-Record as part of the Commercial

Driver's License Information System, or CDLIS, established

under 49 U.S.C. 31309.

(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

record" or "CDLIS MVR" means a report generated from the CDLIS

driver record meeting the requirements for access to CDLIS

information and provided by states to users authorized in 49

C.F.R. 384.225(e)(3) and (4), subject to the provisions of the

Driver Privacy Protection Act, 18 U.S.C. 2721–2725.

(5.7) Commercial driver's license downgrade. "Commercial

driver's license downgrade" or "CDL downgrade" means either:

(A) a state allows the driver to change his or her

self-certification to interstate, but operating

exclusively in transportation or operation excepted from

49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

391.2, 391.68, or 398.3;

(B) a state allows the driver to change his or her

self-certification to intrastate only, if the driver

qualifies under that state's physical qualification

requirements for intrastate only;

(C) a state allows the driver to change his or her

certification to intrastate, but operating exclusively in

transportation or operations excepted from all or part of

the state driver qualification requirements; or

(D) a state removes the CDL privilege from the driver

license.

(6) Commercial Motor Vehicle.

(A) "Commercial motor vehicle" or "CMV" means a motor

vehicle used in commerce, except those referred to in

subdivision (B), designed to transport passengers or

property if:

(i) the vehicle has a GVWR of 26,001 pounds or more

or such a lesser GVWR as subsequently determined by

federal regulations or the Secretary of State; or any

combination of vehicles with a GCWR of 26,001 pounds or

more, provided the GVWR of any vehicle or vehicles

being towed is 10,001 pounds or more; or

(ii) the vehicle is designed to transport 16 or

more persons; or

(iii) the vehicle is transporting hazardous

materials and is required to be placarded in accordance

with 49 C.F.R. Part 172, subpart F.

(B) Pursuant to the interpretation of the Commercial

Motor Vehicle Safety Act of 1986 by the Federal Highway

Administration, the definition of "commercial motor

vehicle" does not include:

(i) recreational vehicles, when operated primarily

for personal use;

(ii) vehicles owned by or operated under the

direction of the United States Department of Defense or

the United States Coast Guard only when operated by

non-civilian personnel. This includes any operator on

active military duty; members of the Reserves;

National Guard; personnel on part-time training; and

National Guard military technicians (civilians who are

required to wear military uniforms and are subject to

the Code of Military Justice); or

(iii) firefighting, police, and other emergency

equipment (including, without limitation, equipment

owned or operated by a HazMat or technical rescue team

authorized by a county board under Section 5-1127 of

the Counties Code), with audible and visual signals,

owned or operated by or for a governmental entity,

which is necessary to the preservation of life or

property or the execution of emergency governmental

functions which are normally not subject to general

traffic rules and regulations.

(7) Controlled Substance. "Controlled substance" shall

have the same meaning as defined in Section 102 of the Illinois

Controlled Substances Act, and shall also include cannabis as

defined in Section 3 of the Cannabis Control Act and

methamphetamine as defined in Section 10 of the Methamphetamine

Control and Community Protection Act.

(8) Conviction. "Conviction" means an unvacated

adjudication of guilt or a determination that a person has

violated or failed to comply with the law in a court of

original jurisdiction or by an authorized administrative

tribunal; an unvacated forfeiture of bail or collateral

deposited to secure the person's appearance in court; a plea of

guilty or nolo contendere accepted by the court; the payment of

a fine or court cost regardless of whether the imposition of

sentence is deferred and ultimately a judgment dismissing the

underlying charge is entered; or a violation of a condition of

release without bail, regardless of whether or not the penalty

is rebated, suspended or probated.

(8.5) Day. "Day" means calendar day.

(9) (Blank).

(10) (Blank).

(11) (Blank).

(12) (Blank).

(13) Driver. "Driver" means any person who drives,

operates, or is in physical control of a commercial motor

vehicle, any person who is required to hold a CDL, or any

person who is a holder of a CDL while operating a

non-commercial motor vehicle.

(13.5) Driver applicant. "Driver applicant" means an

individual who applies to a state to obtain, transfer, upgrade,

or renew a CDL.

(14) Employee. "Employee" means a person who is employed as

a commercial motor vehicle driver. A person who is

self-employed as a commercial motor vehicle driver must comply

with the requirements of this UCDLA pertaining to employees. An

owner-operator on a long-term lease shall be considered an

employee.

(15) Employer. "Employer" means a person (including the

United States, a State or a local authority) who owns or leases

a commercial motor vehicle or assigns employees to operate such

a vehicle. A person who is self-employed as a commercial motor

vehicle driver must comply with the requirements of this UCDLA.

(15.3) Excepted interstate. "Excepted interstate" means a

person who operates or expects to operate in interstate

commerce, but engages exclusively in transportation or

operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or

398.3 from all or part of the qualification requirements of 49

C.F.R. Part 391 and is not required to obtain a medical

examiner's certificate by 49 C.F.R. 391.45.

(15.5) Excepted intrastate. "Excepted intrastate" means a

person who operates in intrastate commerce but engages

exclusively in transportation or operations excepted from all

or parts of the state driver qualification requirements.

(16) (Blank).

(16.5) Fatality. "Fatality" means the death of a person as

a result of a motor vehicle accident.

(17) Foreign jurisdiction. "Foreign jurisdiction" means a

sovereign jurisdiction that does not fall within the definition

of "State".

(18) (Blank).

(19) (Blank).

(20) Hazardous materials. "Hazardous Material" means any

material that has been designated under 49 U.S.C. 5103 and is

required to be placarded under subpart F of 49 C.F.R. part 172

or any quantity of a material listed as a select agent or toxin

in 42 C.F.R. part 73.

(20.5) Imminent Hazard. "Imminent hazard" means the

existence of a condition that presents a substantial likelihood

that death, serious illness, severe personal injury, or a

substantial endangerment to health, property, or the

environment may occur before the reasonably foreseeable

completion date of a formal proceeding begun to lessen the risk

of that death, illness, injury or endangerment.

(21) Long-term lease. "Long-term lease" means a lease of a

commercial motor vehicle by the owner-lessor to a lessee, for a

period of more than 29 days.

(21.1) Medical examiner. "Medical examiner" means a person

who is licensed, certified, or registered in accordance with

applicable state laws and regulations to perform physical

examinations. The term includes but is not limited to doctors

of medicine, doctors of osteopathy, physician assistants,

advanced practice nurses, and doctors of chiropractic.

(21.2) Medical examiner's certificate. "Medical examiner's

certificate" means a document prescribed or approved by the

Secretary of State that is issued by a medical examiner to a

driver to medically qualify him or her to drive.

(21.5) Medical variance. "Medical variance" means a driver

has received one of the following from the Federal Motor

Carrier Safety Administration which allows the driver to be

issued a medical certificate: (1) an exemption letter

permitting operation of a commercial motor vehicle pursuant to

49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

skill performance evaluation (SPE) certificate permitting

operation of a commercial motor vehicle pursuant to 49 C.F.R.

391.49.

(22) Motor Vehicle. "Motor vehicle" means every vehicle

which is self-propelled, and every vehicle which is propelled

by electric power obtained from over head trolley wires but not

operated upon rails, except vehicles moved solely by human

power and motorized wheel chairs.

(22.2) Motor vehicle record. "Motor vehicle record" means a

report of the driving status and history of a driver generated

from the driver record provided to users, such as drivers or

employers, and is subject to the provisions of the Driver

Privacy Protection Act, 18 U.S.C. 2721-2725.

(22.5) Non-CMV. "Non-CMV" means a motor vehicle or

combination of motor vehicles not defined by the term

"commercial motor vehicle" or "CMV" in this Section.

(22.7) Non-excepted interstate. "Non-excepted interstate"

means a person who operates or expects to operate in interstate

commerce, is subject to and meets the qualification

requirements under 49 C.F.R. Part 391, and is required to

obtain a medical examiner's certificate by 49 C.F.R. 391.45.

(22.8) Non-excepted intrastate. "Non-excepted intrastate"

means a person who operates only in intrastate commerce and is

subject to State driver qualification requirements.

(23) Non-resident CDL. "Non-resident CDL" means a

commercial driver's license issued by a state under either of

the following two conditions:

(i) to an individual domiciled in a foreign country

meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.

of the Federal Motor Carrier Safety Administration.

(ii) to an individual domiciled in another state

meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

of the Federal Motor Carrier Safety Administration.

(24) (Blank).

(25) (Blank).

(25.5) Railroad-Highway Grade Crossing Violation.

"Railroad-highway grade crossing violation" means a violation,

while operating a commercial motor vehicle, of any of the

following:

(A) Section 11-1201, 11-1202, or 11-1425 of this

Code.

(B) Any other similar law or local ordinance of any

state relating to railroad-highway grade crossing.

(25.7) School Bus. "School bus" means a commercial motor

vehicle used to transport pre-primary, primary, or secondary

school students from home to school, from school to home, or to

and from school-sponsored events. "School bus" does not include

a bus used as a common carrier.

(26) Serious Traffic Violation. "Serious traffic

violation" means:

(A) a conviction when operating a commercial motor

vehicle, or when operating a non-CMV while holding a CDL,

of:

(i) a violation relating to excessive speeding,

involving a single speeding charge of 15 miles per hour

or more above the legal speed limit; or

(ii) a violation relating to reckless driving; or

(iii) a violation of any State law or local

ordinance relating to motor vehicle traffic control

(other than parking violations) arising in connection

with a fatal traffic accident; or

(iv) a violation of Section 6-501, relating to

having multiple driver's licenses; or

(v) a violation of paragraph (a) of Section 6-507,

relating to the requirement to have a valid CDL; or

(vi) a violation relating to improper or erratic

traffic lane changes; or

(vii) a violation relating to following another

vehicle too closely; or

(B) any other similar violation of a law or local

ordinance of any state relating to motor vehicle traffic

control, other than a parking violation, which the

Secretary of State determines by administrative rule to be

serious.

(27) State. "State" means a state of the United States, the

District of Columbia and any province or territory of Canada.

(28) (Blank).

(29) (Blank).

(30) (Blank).

(31) (Blank).

(Source: P.A. 97-208, eff. 1-1-12.)

Section 99. Effective date. This Act takes effect upon

becoming law.