Bill Text: IL HB4970 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4970 Detail]
Download: Illinois-2023-HB4970-Introduced.html
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning transportation.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||
5 | changing Sections 6-507 and 6-508 as follows:
| |||||||||||||||||||||
6 | (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507) | |||||||||||||||||||||
7 | Sec. 6-507. Commercial Driver's License (CDL) or | |||||||||||||||||||||
8 | Commercial Learner's Permit (CLP) required. | |||||||||||||||||||||
9 | (a) Except as expressly permitted by this UCDLA, or when | |||||||||||||||||||||
10 | driving pursuant to the issuance of a commercial learner's | |||||||||||||||||||||
11 | permit and accompanied by the holder of a CDL valid for the | |||||||||||||||||||||
12 | vehicle being driven; no person shall drive a commercial motor | |||||||||||||||||||||
13 | vehicle on the highways without: | |||||||||||||||||||||
14 | (1) a CDL in the driver's possession; | |||||||||||||||||||||
15 | (2) having obtained a CLP or CDL; | |||||||||||||||||||||
16 | (3) the proper class of CLP or CDL or endorsements or | |||||||||||||||||||||
17 | both for the specific vehicle group being operated or for | |||||||||||||||||||||
18 | the passengers or type of cargo being transported; or | |||||||||||||||||||||
19 | (4) a copy of a medical variance document, if one | |||||||||||||||||||||
20 | exists, such as an exemption letter or a skill performance | |||||||||||||||||||||
21 | evaluation certificate. | |||||||||||||||||||||
22 | (a-5) A CLP or CDL holder whose CLP or CDL is held by this | |||||||||||||||||||||
23 | State or any other state in the course of enforcement of a |
| |||||||
| |||||||
1 | motor vehicle traffic code and who has not been convicted of a | ||||||
2 | disqualifying offense under 49 C.F.R. 383.51 based on this | ||||||
3 | enforcement, may drive a CMV while holding a dated receipt for | ||||||
4 | the CLP or CDL. | ||||||
5 | (b) Except as otherwise provided by this Code, no person | ||||||
6 | may drive a commercial motor vehicle on the highways while | ||||||
7 | such person's driving privilege, license, or permit is: | ||||||
8 | (1) Suspended, revoked, cancelled, or subject to | ||||||
9 | disqualification. Any person convicted of violating this | ||||||
10 | provision or a similar provision of this or any other | ||||||
11 | state shall have their driving privileges revoked under | ||||||
12 | paragraph 12 of subsection (a) of Section 6-205 of this | ||||||
13 | Code. | ||||||
14 | (2) Subject to or in violation of an "out-of-service" | ||||||
15 | order. Any person who has been issued a CLP or CDL and is | ||||||
16 | convicted of violating this provision or a similar | ||||||
17 | provision of any other state shall be disqualified from | ||||||
18 | operating a commercial motor vehicle under subsection (i) | ||||||
19 | of Section 6-514 of this Code. | ||||||
20 | (3) Subject to or in violation of a driver or vehicle | ||||||
21 | "out of service" order while operating a vehicle designed | ||||||
22 | to transport 16 or more passengers, including the driver, | ||||||
23 | or transporting hazardous materials required to be | ||||||
24 | placarded. Any person who has been issued a CLP or CDL and | ||||||
25 | is convicted of violating this provision or a similar | ||||||
26 | provision of this or any other state shall be disqualified |
| |||||||
| |||||||
1 | from operating a commercial motor vehicle under subsection | ||||||
2 | (i) of Section 6-514 of this Code. | ||||||
3 | (b-3) Except as otherwise provided by this Code, no person | ||||||
4 | may drive a commercial motor vehicle on the highways during a | ||||||
5 | period which the commercial motor vehicle or the motor carrier | ||||||
6 | operation is subject to an "out-of-service" order. Any person | ||||||
7 | who is convicted of violating this provision or a similar | ||||||
8 | provision of any other state shall be disqualified from | ||||||
9 | operating a commercial motor vehicle under subsection (i) of | ||||||
10 | Section 6-514 of this Code. | ||||||
11 | (b-5) Except as otherwise provided by this Code, no person | ||||||
12 | may operate a vehicle designed to transport 16 or more | ||||||
13 | passengers including the driver or hazardous materials of a | ||||||
14 | type or quantity that requires the vehicle to be placarded | ||||||
15 | during a period in which the commercial motor vehicle or the | ||||||
16 | motor carrier operation is subject to an "out-of-service" | ||||||
17 | order. Any person who is convicted of violating this provision | ||||||
18 | or a similar provision of any other state shall be | ||||||
19 | disqualified from operating a commercial motor vehicle under | ||||||
20 | subsection (i) of Section 6-514 of this Code. | ||||||
21 | (c) Pursuant to the options provided to the States by FHWA | ||||||
22 | Docket No. MC-88-8, the driver of any motor vehicle controlled | ||||||
23 | or operated by or for a farmer is waived from the requirements | ||||||
24 | of this Section, when such motor vehicle is being used to | ||||||
25 | transport: agricultural products; implements of husbandry; or | ||||||
26 | farm supplies; to and from a farm, as long as such movement is |
| |||||||
| |||||||
1 | not over 150 air miles from the originating farm. This waiver | ||||||
2 | does not apply to the driver of any motor vehicle being used in | ||||||
3 | a common or contract carrier type operation. However, for | ||||||
4 | those drivers of any truck-tractor semitrailer combination or | ||||||
5 | combinations registered under subsection (c) of Section 3-815 | ||||||
6 | of this Code, this waiver shall apply only when the driver is a | ||||||
7 | farmer or a member of the farmer's family and the driver is 21 | ||||||
8 | years of age or more and has successfully completed any tests | ||||||
9 | the Secretary of State deems necessary. | ||||||
10 | In addition, the farmer or a member of the farmer's family | ||||||
11 | who operates a truck-tractor semitrailer combination or | ||||||
12 | combinations pursuant to this waiver shall be granted all of | ||||||
13 | the rights and shall be subject to all of the duties and | ||||||
14 | restrictions with respect to Sections 6-514 and 6-515 of this | ||||||
15 | Code applicable to the driver who possesses a commercial | ||||||
16 | driver's license issued under this Code, except that the | ||||||
17 | driver shall not be subject to any additional duties or | ||||||
18 | restrictions contained in Part 382 of the Federal Motor | ||||||
19 | Carrier Safety Regulations that are not otherwise imposed | ||||||
20 | under Section 6-514 or 6-515 of this Code. | ||||||
21 | For purposes of this subsection (c), a member of the | ||||||
22 | farmer's family is a natural or in-law spouse, child, parent, | ||||||
23 | or sibling. | ||||||
24 | As required under the Code of Federal Regulations 49 CFR | ||||||
25 | 390.39, an operator of a covered farm vehicle, as defined | ||||||
26 | under Section 18b-101 of this Code, is exempt from the |
| |||||||
| |||||||
1 | requirements of this Section. However, for drivers of any | ||||||
2 | truck-tractor semitrailer combination or combinations | ||||||
3 | operating as a covered farm vehicle, the driver must | ||||||
4 | successfully complete any tests the Secretary of State deems | ||||||
5 | necessary. When operating any truck-tractor semitrailer | ||||||
6 | combination as a covered farm vehicle, the exemption applies | ||||||
7 | only to persons age 21 or older, if operating the vehicle in | ||||||
8 | interstate driving, and to persons at least 18 years of age, if | ||||||
9 | operating the vehicle in intrastate driving. The Secretary may | ||||||
10 | adopt rules necessary to implement this Section. | ||||||
11 | (c-5) An employee of a township or road district with a | ||||||
12 | population of less than 3,000 operating a vehicle within the | ||||||
13 | boundaries of the township or road district for the purpose of | ||||||
14 | removing snow or ice from a roadway by plowing, sanding, or | ||||||
15 | salting is waived from the requirements of this Section when | ||||||
16 | the employee is needed to operate the vehicle because the | ||||||
17 | employee of the township or road district who ordinarily | ||||||
18 | operates the vehicle and who has a commercial driver's license | ||||||
19 | is unable to operate the vehicle or is in need of additional | ||||||
20 | assistance due to a snow emergency. | ||||||
21 | (c-10) A driver of a commercial motor vehicle used | ||||||
22 | primarily in the transportation of propane winter heating fuel | ||||||
23 | or a driver of a motor vehicle used to respond to a pipeline | ||||||
24 | emergency is waived from the requirements of this Section if | ||||||
25 | such requirements would prevent the driver from responding to | ||||||
26 | an emergency condition requiring immediate response as defined |
| |||||||
| |||||||
1 | in 49 C.F.R. Part 390.5. | ||||||
2 | (c-15) A driver of a commercial motor vehicle who hauls | ||||||
3 | harvest goods for a farm is waived from the requirements of | ||||||
4 | this Section when the driver: | ||||||
5 | (1) is the owner or an employee of the farm hauling the | ||||||
6 | harvest goods; and | ||||||
7 | (2) is within a 150-mile radius of the farm hauling | ||||||
8 | the harvest goods. | ||||||
9 | (d) Any person convicted of violating this Section, shall | ||||||
10 | be guilty of a Class A misdemeanor. | ||||||
11 | (e) Any person convicted of violating paragraph (1) of | ||||||
12 | subsection (b) of this Section, shall have all driving | ||||||
13 | privileges revoked by the Secretary of State. | ||||||
14 | (f) This Section shall not apply to: | ||||||
15 | (1) A person who currently holds a valid Illinois | ||||||
16 | driver's license, for the type of vehicle being operated, | ||||||
17 | until the expiration of such license or April 1, 1992, | ||||||
18 | whichever is earlier; or | ||||||
19 | (2) A non-Illinois domiciliary who is properly | ||||||
20 | licensed in another State, until April 1, 1992. A | ||||||
21 | non-Illinois domiciliary, if such domiciliary is properly | ||||||
22 | licensed in another State or foreign jurisdiction, until | ||||||
23 | April 1, 1992. | ||||||
24 | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and | ||||||
25 | Section 10 of P.A. 99-414 for the effective date of changes | ||||||
26 | made by P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff. |
| |||||||
| |||||||
1 | 7-22-16.)
| ||||||
2 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508) | ||||||
3 | Sec. 6-508. Commercial Driver's License (CDL); | ||||||
4 | qualification standards. | ||||||
5 | (a) Testing. | ||||||
6 | (1) General. No person shall be issued an original or | ||||||
7 | renewal CDL unless that person is domiciled in this State | ||||||
8 | or is applying for a non-domiciled CDL under Sections | ||||||
9 | 6-509 and 6-510 of this Code. The Secretary shall cause to | ||||||
10 | be administered such tests as the Secretary deems | ||||||
11 | necessary to meet the requirements of 49 CFR Part 383, | ||||||
12 | subparts F, G, H, and J. | ||||||
13 | (1.5) Effective July 1, 2014, no person shall be | ||||||
14 | issued an original CDL or an upgraded CDL that requires a | ||||||
15 | skills test unless that person has held a CLP, for a | ||||||
16 | minimum of 14 calendar days, for the classification of | ||||||
17 | vehicle and endorsement, if any, for which the person is | ||||||
18 | seeking a CDL. | ||||||
19 | (2) Third party testing. The Secretary of State may | ||||||
20 | authorize a "third party tester", pursuant to 49 CFR | ||||||
21 | 383.75 and 49 CFR 384.228 and 384.229, to administer the | ||||||
22 | skills test or tests specified by the Federal Motor | ||||||
23 | Carrier Safety Administration pursuant to the Commercial | ||||||
24 | Motor Vehicle Safety Act of 1986 and any appropriate | ||||||
25 | federal rule. |
| |||||||
| |||||||
1 | (3)(i) Effective February 7, 2020, unless the person | ||||||
2 | is exempted by 49 CFR 380.603, no person shall be issued an | ||||||
3 | original (first time issuance) CDL, an upgraded CDL or a | ||||||
4 | school bus (S), passenger (P), or hazardous Materials (H) | ||||||
5 | endorsement unless the person has successfully completed | ||||||
6 | entry-level driver training (ELDT) taught by a training | ||||||
7 | provider listed on the federal Training Provider Registry. | ||||||
8 | (ii) Persons who obtain a CLP before February 7, 2020 | ||||||
9 | are not required to complete ELDT if the person obtains a | ||||||
10 | CDL before the CLP or renewed CLP expires. | ||||||
11 | (iii) Except for persons seeking the H endorsement, | ||||||
12 | persons must complete the theory and behind-the-wheel | ||||||
13 | (range and public road) portions of ELDT within one year | ||||||
14 | of completing the first portion. | ||||||
15 | (iv) The Secretary shall adopt rules to implement this | ||||||
16 | subsection. | ||||||
17 | (b) Waiver of Skills Test. The Secretary of State may | ||||||
18 | waive the skills test specified in this Section for a driver | ||||||
19 | applicant for a commercial driver license who meets the | ||||||
20 | requirements of 49 CFR 383.77. The Secretary of State shall | ||||||
21 | waive the skills tests specified in this Section for a driver | ||||||
22 | applicant who has military commercial motor vehicle | ||||||
23 | experience, subject to the requirements of 49 CFR 383.77. | ||||||
24 | (b-1) No person shall be issued a CDL unless the person | ||||||
25 | certifies to the Secretary one of the following types of | ||||||
26 | driving operations in which he or she will be engaged: |
| |||||||
| |||||||
1 | (1) non-excepted interstate; | ||||||
2 | (2) non-excepted intrastate; | ||||||
3 | (3) excepted interstate; or | ||||||
4 | (4) excepted intrastate. | ||||||
5 | (b-2) (Blank). | ||||||
6 | (b-3) Exemption from new testing requirements for farm | ||||||
7 | vehicles. An individual who operates a commercial driver's | ||||||
8 | license for farm vehicles shall be exempt from new testing | ||||||
9 | requirements if the farm vehicle is used in the State and is | ||||||
10 | used for agricultural purposes. | ||||||
11 | (c) Limitations on issuance of a CDL. A CDL shall not be | ||||||
12 | issued to a person while the person is subject to a | ||||||
13 | disqualification from driving a commercial motor vehicle, or | ||||||
14 | unless otherwise permitted by this Code, while the person's | ||||||
15 | driver's license is suspended, revoked, or cancelled in any | ||||||
16 | state, or any territory or province of Canada; nor may a CLP or | ||||||
17 | CDL be issued to a person who has a CLP or CDL issued by any | ||||||
18 | other state, or foreign jurisdiction, nor may a CDL be issued | ||||||
19 | to a person who has an Illinois CLP unless the person first | ||||||
20 | surrenders all of these licenses or permits. However, a person | ||||||
21 | may hold an Illinois CLP and an Illinois CDL providing the CLP | ||||||
22 | is necessary to train or practice for an endorsement or | ||||||
23 | vehicle classification not present on the current CDL. 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 | ||||||
26 | be met with the aid of a hearing aid. |
| |||||||
| |||||||
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: | ||||||
6 | (1) the person has submitted his or her fingerprints | ||||||
7 | to the Illinois State Police in the form and manner | ||||||
8 | prescribed by the Illinois State Police. These | ||||||
9 | fingerprints shall be checked against the fingerprint | ||||||
10 | records now and hereafter filed in the Illinois State | ||||||
11 | Police and Federal Bureau of Investigation criminal | ||||||
12 | history records databases; | ||||||
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 | ||||||
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; | ||||||
20 | (3) the person has demonstrated physical fitness to | ||||||
21 | operate school buses by submitting the results of a | ||||||
22 | medical examination, including tests for drug use; and | ||||||
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, |
| |||||||
| |||||||
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, | ||||||
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, 12-3.3, 12-4, 12-4.1, | ||||||
8 | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, | ||||||
9 | 12-4.9, 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, 12-21.5, | ||||||
11 | 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, | ||||||
12 | 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, | ||||||
13 | 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 | ||||||
16 | subsection (b) of Section 8-1, and in subdivisions (a)(1), | ||||||
17 | (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) | ||||||
18 | of Section 12-3.05, and in subsection (a) and subsection | ||||||
19 | (b), clause (1), of Section 12-4, and in subsection (A), | ||||||
20 | clauses (a) and (b), of Section 24-3, and those offenses | ||||||
21 | contained in Article 29D of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012; (ii) those offenses defined in | ||||||
23 | the Cannabis Control Act except those offenses defined in | ||||||
24 | subsections (a) and (b) of Section 4, and subsection (a) | ||||||
25 | of Section 5 of the Cannabis Control Act; (iii) those | ||||||
26 | offenses defined in the Illinois Controlled Substances |
| |||||||
| |||||||