Illinois-2023-SB1703-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1703

Introduced 2/8/2023, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

`625 ILCS 5/6-500`	`from Ch. 95 1/2, par. 6-500`
`625 ILCS 5/6-507.5`
`625 ILCS 5/6-508.5 new`
`625 ILCS 5/6-514`
`625 ILCS 5/7-315`	`from Ch. 95 1/2, par. 7-315`
`625 ILCS 5/7-318`	`from Ch. 95 1/2, par. 7-318`
`625 ILCS 5/11-1201`	`from Ch. 95 1/2, par. 11-1201`
`625 ILCS 5/11-1202`	`from Ch. 95 1/2, par. 11-1202`
`625 ILCS 5/11-1425`	`from Ch. 95 1/2, par. 11-1425`

Amends the Illinois Vehicle Code. Defines "drug and alcohol clearinghouse" as a database system established by the Federal Motor Carrier Safety Administration that permits the access and retrieval of a drug and alcohol testing violation or violations precluding an applicant or employee from occupying safety-sensitive positions involving the operation of a commercial motor vehicle. Provides that, no later than November 18, 2024, the Secretary shall request information from the drug and alcohol clearinghouse for all applicants applying for an initial, renewal, transfer, or upgraded commercial driver's license or commercial learner's permit, and enforce federal regulations pertaining to the clearinghouse. Provides that a commercial learner's permit is valid for 12 months (instead of 6 months with a 6-month renewal). Provides that certificates of insurance and notices of cancellation or termination of insurance shall be submitted to the Secretary of State electronically (instead of in written or electronic form). Sets forth additional requirements for certain vehicles when approaching or stopping at railroad grade crossings, railroad tracks or tracks at grades, or highway rail grade crossings. Effective immediately.

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A BILL FOR

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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 6-500, 6-507.5, 6-514, 7-315, 7-318,

6 11-1201, 11-1202, and 11-1425 and by adding Section 6-508.5 as

7 follows:

8 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)

9 (Text of Section before amendment by P.A. 102-982)

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

11 Notwithstanding the definitions set forth elsewhere in this

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

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

14 meanings ascribed to them as follows:

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

16 form of alcohol, including but not limited to ethanol,

17 methanol, propanol, and isopropanol.

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

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

20 breath; or

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

22 of blood; or

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

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1 of urine.

2 Alcohol tests administered within 2 hours of the driver

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

4 "alcohol concentration" for the purposes of enforcing this

5 UCDLA.

6 (3) (Blank).

7 (4) (Blank).

8 (5) (Blank).

9 (5.3) CDLIS driver record. "CDLIS driver record" means the

10 electronic record of the individual CDL driver's status and

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

12 Commercial Driver's License Information System, or CDLIS,

13 established under 49 U.S.C. 31309.

14 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

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

16 driver record meeting the requirements for access to CDLIS

17 information and provided by states to users authorized in 49

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

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

20 (5.7) Commercial driver's license downgrade. "Commercial

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

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

23 self-certification to interstate, but operating

24 exclusively in transportation or operation excepted from

25 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

26 391.2, 391.68, or 398.3;

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

2 self-certification to intrastate only, if the driver

3 qualifies under that state's physical qualification

4 requirements for intrastate only;

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

6 certification to intrastate, but operating exclusively in

7 transportation or operations excepted from all or part of

8 the state driver qualification requirements; or

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

10 license.

11 (6) Commercial Motor Vehicle.

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

13 vehicle or combination of motor vehicles used in commerce,

14 except those referred to in subdivision (B), designed to

15 transport passengers or property if the motor vehicle:

16 (i) has a gross combination weight rating or gross

17 combination weight of 11,794 kilograms or more (26,001

18 pounds or more), whichever is greater, inclusive of

19 any towed unit with a gross vehicle weight rating or

20 gross vehicle weight of more than 4,536 kilograms

21 (10,000 pounds), whichever is greater; or

22 (i-5) has a gross vehicle weight rating or gross

23 vehicle weight of 11,794 or more kilograms (26,001

24 pounds or more), whichever is greater; or

25 (ii) is designed to transport 16 or more persons,

26 including the driver; or

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1 (iii) is of any size and is used in transporting

2 hazardous materials as defined in 49 C.F.R. 383.5.

3 (B) Pursuant to the interpretation of the Commercial

4 Motor Vehicle Safety Act of 1986 by the Federal Highway

5 Administration, the definition of "commercial motor

6 vehicle" does not include:

7 (i) recreational vehicles, when operated primarily

8 for personal use;

9 (ii) vehicles owned by or operated under the

10 direction of the United States Department of Defense

11 or the United States Coast Guard only when operated by

12 non-civilian personnel. This includes any operator on

13 active military duty; members of the Reserves;

14 National Guard; personnel on part-time training; and

15 National Guard military technicians (civilians who are

16 required to wear military uniforms and are subject to

17 the Code of Military Justice); or

18 (iii) firefighting, police, and other emergency

19 equipment (including, without limitation, equipment

20 owned or operated by a HazMat or technical rescue team

21 authorized by a county board under Section 5-1127 of

22 the Counties Code), with audible and visual signals,

23 owned or operated by or for a governmental entity,

24 which is necessary to the preservation of life or

25 property or the execution of emergency governmental

26 functions which are normally not subject to general

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1 traffic rules and regulations.

2 (7) Controlled Substance. "Controlled substance" shall

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

4 Controlled Substances Act, and shall also include cannabis as

5 defined in Section 3 of the Cannabis Control Act and

6 methamphetamine as defined in Section 10 of the

7 Methamphetamine Control and Community Protection Act.

8 (8) Conviction. "Conviction" means an unvacated

9 adjudication of guilt or a determination that a person has

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

11 original jurisdiction or by an authorized administrative

12 tribunal; an unvacated revocation of pretrial release; a plea

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

14 payment of a fine or court cost regardless of whether the

15 imposition of sentence is deferred and ultimately a judgment

16 dismissing the underlying charge is entered.

17 (8.5) Day. "Day" means calendar day.

18 (9) (Blank).

19 (10) (Blank).

20 (11) (Blank).

21 (12) (Blank).

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

23 operates, or is in physical control of a commercial motor

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

25 person who is a holder of a CDL while operating a

26 non-commercial motor vehicle.

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1 (13.5) Driver applicant. "Driver applicant" means an

2 individual who applies to a state or other jurisdiction to

3 obtain, transfer, upgrade, or renew a CDL or to obtain or renew

4 a CLP.

5 (13.6) Drug and alcohol clearinghouse. "Drug and alcohol

6 clearinghouse" means a database system established by the

7 Federal Motor Carrier Safety Administration that permits the

8 access and retrieval of a drug and alcohol testing violation

9 or violations precluding an applicant or employee from

10 occupying safety-sensitive positions involving the operation

11 of a commercial motor vehicle.

12 (13.8) Electronic device. "Electronic device" includes,

13 but is not limited to, a cellular telephone, personal digital

14 assistant, pager, computer, or any other device used to input,

15 write, send, receive, or read text.

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

17 as a commercial motor vehicle driver. A person who is

18 self-employed as a commercial motor vehicle driver must comply

19 with the requirements of this UCDLA pertaining to employees.

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

21 employee.

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

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

24 a commercial motor vehicle or assigns employees to operate

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

26 motor vehicle driver must comply with the requirements of this

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1 UCDLA.

2 (15.1) Endorsement. "Endorsement" means an authorization

3 to an individual's CLP or CDL required to permit the

4 individual to operate certain types of commercial motor

5 vehicles.

6 (15.2) Entry-level driver training. "Entry-level driver

7 training" means the training an entry-level driver receives

8 from an entity listed on the Federal Motor Carrier Safety

9 Administration's Training Provider Registry prior to: (i)

10 taking the CDL skills test required to receive the Class A or

11 Class B CDL for the first time; (ii) taking the CDL skills test

12 required to upgrade to a Class A or Class B CDL; or (iii)

13 taking the CDL skills test required to obtain a passenger or

14 school bus endorsement for the first time or the CDL knowledge

15 test required to obtain a hazardous materials endorsement for

16 the first time.

17 (15.3) Excepted interstate. "Excepted interstate" means a

18 person who operates or expects to operate in interstate

19 commerce, but engages exclusively in transportation or

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

21 or 398.3 from all or part of the qualification requirements of

22 49 C.F.R. Part 391 and is not required to obtain a medical

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

24 (15.5) Excepted intrastate. "Excepted intrastate" means a

25 person who operates in intrastate commerce but engages

26 exclusively in transportation or operations excepted from all

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1 or parts of the state driver qualification requirements.

2 (16) (Blank).

3 (16.5) Fatality. "Fatality" means the death of a person as

4 a result of a motor vehicle accident.

5 (16.7) Foreign commercial driver. "Foreign commercial

6 driver" means a person licensed to operate a commercial motor

7 vehicle by an authority outside the United States, or a

8 citizen of a foreign country who operates a commercial motor

9 vehicle in the United States.

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

11 sovereign jurisdiction that does not fall within the

12 definition of "State".

13 (18) (Blank).

14 (19) (Blank).

15 (20) Hazardous materials. "Hazardous material" means any

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

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

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

19 in 42 C.F.R. part 73.

20 (20.5) Imminent Hazard. "Imminent hazard" means the

21 existence of any condition of a vehicle, employee, or

22 commercial motor vehicle operations that substantially

23 increases the likelihood of serious injury or death if not

24 discontinued immediately; or a condition relating to hazardous

25 material that presents a substantial likelihood that death,

26 serious illness, severe personal injury, or a substantial

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1 endangerment to health, property, or the environment may occur

2 before the reasonably foreseeable completion date of a formal

3 proceeding begun to lessen the risk of that death, illness,

4 injury or endangerment.

5 (20.6) Issuance. "Issuance" means initial issuance,

6 transfer, renewal, or upgrade of a CLP or CDL and

7 non-domiciled CLP or CDL.

8 (20.7) Issue. "Issue" means initial issuance, transfer,

9 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

10 non-domiciled CDL.

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

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

13 a period of more than 29 days.

14 (21.01) Manual transmission. "Manual transmission" means a

15 transmission utilizing a driver-operated clutch that is

16 activated by a pedal or lever and a gear-shift mechanism

17 operated either by hand or foot including those known as a

18 stick shift, stick, straight drive, or standard transmission.

19 All other transmissions, whether semi-automatic or automatic,

20 shall be considered automatic for the purposes of the

21 standardized restriction code.

22 (21.1) Medical examiner. "Medical examiner" means an

23 individual certified by the Federal Motor Carrier Safety

24 Administration and listed on the National Registry of

25 Certified Medical Examiners in accordance with Federal Motor

26 Carrier Safety Regulations, 49 CFR 390.101 et seq.

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1 (21.2) Medical examiner's certificate. "Medical examiner's

2 certificate" means either (1) prior to June 22, 2021, a

3 document prescribed or approved by the Secretary of State that

4 is issued by a medical examiner to a driver to medically

5 qualify him or her to drive; or (2) beginning June 22, 2021, an

6 electronic submission of results of an examination conducted

7 by a medical examiner listed on the National Registry of

8 Certified Medical Examiners to the Federal Motor Carrier

9 Safety Administration of a driver to medically qualify him or

10 her to drive.

11 (21.5) Medical variance. "Medical variance" means a driver

12 has received one of the following from the Federal Motor

13 Carrier Safety Administration which allows the driver to be

14 issued a medical certificate: (1) an exemption letter

15 permitting operation of a commercial motor vehicle pursuant to

16 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

17 skill performance evaluation (SPE) certificate permitting

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

19 391.49.

20 (21.7) Mobile telephone. "Mobile telephone" means a mobile

21 communication device that falls under or uses any commercial

22 mobile radio service, as defined in regulations of the Federal

23 Communications Commission, 47 CFR 20.3. It does not include

24 two-way or citizens band radio services.

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

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

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1 by electric power obtained from over head trolley wires but

2 not operated upon rails, except vehicles moved solely by human

3 power and motorized wheel chairs.

4 (22.2) Motor vehicle record. "Motor vehicle record" means

5 a report of the driving status and history of a driver

6 generated from the driver record provided to users, such as

7 drivers or employers, and is subject to the provisions of the

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

9 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

10 combination of motor vehicles not defined by the term

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

12 (22.7) Non-excepted interstate. "Non-excepted interstate"

13 means a person who operates or expects to operate in

14 interstate commerce, is subject to and meets the qualification

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

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

17 (22.8) Non-excepted intrastate. "Non-excepted intrastate"

18 means a person who operates only in intrastate commerce and is

19 subject to State driver qualification requirements.

20 (23) Non-domiciled CLP or Non-domiciled CDL.

21 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,

22 respectively, issued by a state or other jurisdiction under

23 either of the following two conditions:

24 (i) to an individual domiciled in a foreign country

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

26 of the Federal Motor Carrier Safety Administration.

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1 (ii) to an individual domiciled in another state

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

3 of the Federal Motor Carrier Safety Administration.

4 (24) (Blank).

5 (25) (Blank).

6 (25.5) Railroad-Highway Grade Crossing Violation.

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

8 while operating a commercial motor vehicle, of any of the

9 following:

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

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

12 state relating to railroad-highway grade crossing.

13 (25.7) School Bus. "School bus" means a commercial motor

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

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

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

17 include a bus used as a common carrier.

18 (26) Serious Traffic Violation. "Serious traffic

19 violation" means:

20 (A) a conviction when operating a commercial motor

21 vehicle, or when operating a non-CMV while holding a CLP

22 or CDL, of:

23 (i) a violation relating to excessive speeding,

24 involving a single speeding charge of 15 miles per

25 hour or more above the legal speed limit; or

26 (ii) a violation relating to reckless driving; or

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1 (iii) a violation of any State law or local

2 ordinance relating to motor vehicle traffic control

3 (other than parking violations) arising in connection

4 with a fatal traffic accident; or

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

6 having multiple driver's licenses; or

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

8 relating to the requirement to have a valid CLP or CDL;

9 or

10 (vi) a violation relating to improper or erratic

11 traffic lane changes; or

12 (vii) a violation relating to following another

13 vehicle too closely; or

14 (viii) a violation relating to texting while

15 driving; or

16 (ix) a violation relating to the use of a

17 hand-held mobile telephone while driving; or

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

19 ordinance of any state relating to motor vehicle traffic

20 control, other than a parking violation, which the

21 Secretary of State determines by administrative rule to be

22 serious.

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

24 the District of Columbia and any province or territory of

25 Canada.

26 (28) (Blank).

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1 (29) (Blank).

2 (30) (Blank).

3 (31) (Blank).

4 (32) Texting. "Texting" means manually entering

5 alphanumeric text into, or reading text from, an electronic

6 device.

7 (1) Texting includes, but is not limited to, short

8 message service, emailing, instant messaging, a command or

9 request to access a World Wide Web page, pressing more

10 than a single button to initiate or terminate a voice

11 communication using a mobile telephone, or engaging in any

12 other form of electronic text retrieval or entry for

13 present or future communication.

14 (2) Texting does not include:

15 (i) inputting, selecting, or reading information

16 on a global positioning system or navigation system;

17 or

18 (ii) pressing a single button to initiate or

19 terminate a voice communication using a mobile

20 telephone; or

21 (iii) using a device capable of performing

22 multiple functions (for example, a fleet management

23 system, dispatching device, smart phone, citizens band

24 radio, or music player) for a purpose that is not

25 otherwise prohibited by Part 392 of the Federal Motor

26 Carrier Safety Regulations.

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1 (32.3) Third party skills test examiner. "Third party

2 skills test examiner" means a person employed by a third party

3 tester who is authorized by the State to administer the CDL

4 skills tests specified in 49 C.F.R. Part 383, subparts G and H.

5 (32.5) Third party tester. "Third party tester" means a

6 person (including, but not limited to, another state, a motor

7 carrier, a private driver training facility or other private

8 institution, or a department, agency, or instrumentality of a

9 local government) authorized by the State to employ skills

10 test examiners to administer the CDL skills tests specified in

11 49 C.F.R. Part 383, subparts G and H.

12 (32.7) United States. "United States" means the 50 states

13 and the District of Columbia.

14 (33) Use a hand-held mobile telephone. "Use a hand-held

15 mobile telephone" means:

16 (1) using at least one hand to hold a mobile telephone

17 to conduct a voice communication;

18 (2) dialing or answering a mobile telephone by

19 pressing more than a single button; or

20 (3) reaching for a mobile telephone in a manner that

21 requires a driver to maneuver so that he or she is no

22 longer in a seated driving position, restrained by a seat

23 belt that is installed in accordance with 49 CFR 393.93

24 and adjusted in accordance with the vehicle manufacturer's

25 instructions.

26 (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;

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1 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

2 (Text of Section after amendment by P.A. 102-982)

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

4 Notwithstanding the definitions set forth elsewhere in this

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

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

7 meanings ascribed to them as follows:

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

9 form of alcohol, including but not limited to ethanol,

10 methanol, propanol, and isopropanol.

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

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

13 breath; or

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

15 of blood; or

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

17 of urine.

18 Alcohol tests administered within 2 hours of the driver

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

20 "alcohol concentration" for the purposes of enforcing this

21 UCDLA.

22 (3) (Blank).

23 (4) (Blank).

24 (5) (Blank).

25 (5.3) CDLIS driver record. "CDLIS driver record" means the

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1 electronic record of the individual CDL driver's status and

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

3 Commercial Driver's License Information System, or CDLIS,

4 established under 49 U.S.C. 31309.

5 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

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

7 driver record meeting the requirements for access to CDLIS

8 information and provided by states to users authorized in 49

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

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

11 (5.7) Commercial driver's license downgrade. "Commercial

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

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

14 self-certification to interstate, but operating

15 exclusively in transportation or operation excepted from

16 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

17 391.2, 391.68, or 398.3;

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

19 self-certification to intrastate only, if the driver

20 qualifies under that state's physical qualification

21 requirements for intrastate only;

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

23 certification to intrastate, but operating exclusively in

24 transportation or operations excepted from all or part of

25 the state driver qualification requirements; or

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

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1 license.

2 (6) Commercial Motor Vehicle.

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

4 vehicle or combination of motor vehicles used in commerce,

5 except those referred to in subdivision (B), designed to

6 transport passengers or property if the motor vehicle:

7 (i) has a gross combination weight rating or gross

8 combination weight of 11,794 kilograms or more (26,001

9 pounds or more), whichever is greater, inclusive of

10 any towed unit with a gross vehicle weight rating or

11 gross vehicle weight of more than 4,536 kilograms

12 (10,000 pounds), whichever is greater; or

13 (i-5) has a gross vehicle weight rating or gross

14 vehicle weight of 11,794 or more kilograms (26,001

15 pounds or more), whichever is greater; or

16 (ii) is designed to transport 16 or more persons,

17 including the driver; or

18 (iii) is of any size and is used in transporting

19 hazardous materials as defined in 49 C.F.R. 383.5.

20 (B) Pursuant to the interpretation of the Commercial

21 Motor Vehicle Safety Act of 1986 by the Federal Highway

22 Administration, the definition of "commercial motor

23 vehicle" does not include:

24 (i) recreational vehicles, when operated primarily

25 for personal use;

26 (ii) vehicles owned by or operated under the

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1 direction of the United States Department of Defense

2 or the United States Coast Guard only when operated by

3 non-civilian personnel. This includes any operator on

4 active military duty; members of the Reserves;

5 National Guard; personnel on part-time training; and

6 National Guard military technicians (civilians who are

7 required to wear military uniforms and are subject to

8 the Code of Military Justice); or

9 (iii) firefighting, police, and other emergency

10 equipment (including, without limitation, equipment

11 owned or operated by a HazMat or technical rescue team

12 authorized by a county board under Section 5-1127 of

13 the Counties Code), with audible and visual signals,

14 owned or operated by or for a governmental entity,

15 which is necessary to the preservation of life or

16 property or the execution of emergency governmental

17 functions which are normally not subject to general

18 traffic rules and regulations.

19 (7) Controlled Substance. "Controlled substance" shall

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

21 Controlled Substances Act, and shall also include cannabis as

22 defined in Section 3 of the Cannabis Control Act and

23 methamphetamine as defined in Section 10 of the

24 Methamphetamine Control and Community Protection Act.

25 (8) Conviction. "Conviction" means an unvacated

26 adjudication of guilt or a determination that a person has

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

2 original jurisdiction or by an authorized administrative

3 tribunal; an unvacated revocation of pretrial release; a plea

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

5 payment of a fine or court cost regardless of whether the

6 imposition of sentence is deferred and ultimately a judgment

7 dismissing the underlying charge is entered.

8 (8.5) Day. "Day" means calendar day.

9 (9) (Blank).

10 (10) (Blank).

11 (11) (Blank).

12 (12) (Blank).

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

14 operates, or is in physical control of a commercial motor

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

16 person who is a holder of a CDL while operating a

17 non-commercial motor vehicle.

18 (13.5) Driver applicant. "Driver applicant" means an

19 individual who applies to a state or other jurisdiction to

20 obtain, transfer, upgrade, or renew a CDL or to obtain or renew

21 a CLP.

22 (13.6) Drug and alcohol clearinghouse. "Drug and alcohol

23 clearinghouse" means a database system established by the

24 Federal Motor Carrier Safety Administration that permits the

25 access and retrieval of a drug and alcohol testing violation

26 or violations precluding an applicant or employee from

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1 occupying safety-sensitive positions involving the operation

2 of a commercial motor vehicle.

3 (13.8) Electronic device. "Electronic device" includes,

4 but is not limited to, a cellular telephone, personal digital

5 assistant, pager, computer, or any other device used to input,

6 write, send, receive, or read text.

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

8 as a commercial motor vehicle driver. A person who is

9 self-employed as a commercial motor vehicle driver must comply

10 with the requirements of this UCDLA pertaining to employees.

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

12 employee.

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

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

15 a commercial motor vehicle or assigns employees to operate

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

17 motor vehicle driver must comply with the requirements of this

18 UCDLA.

19 (15.1) Endorsement. "Endorsement" means an authorization

20 to an individual's CLP or CDL required to permit the

21 individual to operate certain types of commercial motor

22 vehicles.

23 (15.2) Entry-level driver training. "Entry-level driver

24 training" means the training an entry-level driver receives

25 from an entity listed on the Federal Motor Carrier Safety

26 Administration's Training Provider Registry prior to: (i)

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1 taking the CDL skills test required to receive the Class A or

2 Class B CDL for the first time; (ii) taking the CDL skills test

3 required to upgrade to a Class A or Class B CDL; or (iii)

4 taking the CDL skills test required to obtain a passenger or

5 school bus endorsement for the first time or the CDL knowledge

6 test required to obtain a hazardous materials endorsement for

7 the first time.

8 (15.3) Excepted interstate. "Excepted interstate" means a

9 person who operates or expects to operate in interstate

10 commerce, but engages exclusively in transportation or

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

12 or 398.3 from all or part of the qualification requirements of

13 49 C.F.R. Part 391 and is not required to obtain a medical

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

15 (15.5) Excepted intrastate. "Excepted intrastate" means a

16 person who operates in intrastate commerce but engages

17 exclusively in transportation or operations excepted from all

18 or parts of the state driver qualification requirements.

19 (16) (Blank).

20 (16.5) Fatality. "Fatality" means the death of a person as

21 a result of a motor vehicle crash.

22 (16.7) Foreign commercial driver. "Foreign commercial

23 driver" means a person licensed to operate a commercial motor

24 vehicle by an authority outside the United States, or a

25 citizen of a foreign country who operates a commercial motor

26 vehicle in the United States.

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

2 sovereign jurisdiction that does not fall within the

3 definition of "State".

4 (18) (Blank).

5 (19) (Blank).

6 (20) Hazardous materials. "Hazardous material" means any

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

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

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

10 in 42 C.F.R. part 73.

11 (20.5) Imminent Hazard. "Imminent hazard" means the

12 existence of any condition of a vehicle, employee, or

13 commercial motor vehicle operations that substantially

14 increases the likelihood of serious injury or death if not

15 discontinued immediately; or a condition relating to hazardous

16 material that presents a substantial likelihood that death,

17 serious illness, severe personal injury, or a substantial

18 endangerment to health, property, or the environment may occur

19 before the reasonably foreseeable completion date of a formal

20 proceeding begun to lessen the risk of that death, illness,

21 injury or endangerment.

22 (20.6) Issuance. "Issuance" means initial issuance,

23 transfer, renewal, or upgrade of a CLP or CDL and

24 non-domiciled CLP or CDL.

25 (20.7) Issue. "Issue" means initial issuance, transfer,

26 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

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1 non-domiciled CDL.

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

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

4 a period of more than 29 days.

5 (21.01) Manual transmission. "Manual transmission" means a

6 transmission utilizing a driver-operated clutch that is

7 activated by a pedal or lever and a gear-shift mechanism

8 operated either by hand or foot including those known as a

9 stick shift, stick, straight drive, or standard transmission.

10 All other transmissions, whether semi-automatic or automatic,

11 shall be considered automatic for the purposes of the

12 standardized restriction code.

13 (21.1) Medical examiner. "Medical examiner" means an

14 individual certified by the Federal Motor Carrier Safety

15 Administration and listed on the National Registry of

16 Certified Medical Examiners in accordance with Federal Motor

17 Carrier Safety Regulations, 49 CFR 390.101 et seq.

18 (21.2) Medical examiner's certificate. "Medical examiner's

19 certificate" means either (1) prior to June 22, 2021, a

20 document prescribed or approved by the Secretary of State that

21 is issued by a medical examiner to a driver to medically

22 qualify him or her to drive; or (2) beginning June 22, 2021, an

23 electronic submission of results of an examination conducted

24 by a medical examiner listed on the National Registry of

25 Certified Medical Examiners to the Federal Motor Carrier

26 Safety Administration of a driver to medically qualify him or

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1 her to drive.

2 (21.5) Medical variance. "Medical variance" means a driver

3 has received one of the following from the Federal Motor

4 Carrier Safety Administration which allows the driver to be

5 issued a medical certificate: (1) an exemption letter

6 permitting operation of a commercial motor vehicle pursuant to

7 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

8 skill performance evaluation (SPE) certificate permitting

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

10 391.49.

11 (21.7) Mobile telephone. "Mobile telephone" means a mobile

12 communication device that falls under or uses any commercial

13 mobile radio service, as defined in regulations of the Federal

14 Communications Commission, 47 CFR 20.3. It does not include

15 two-way or citizens band radio services.

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

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

18 by electric power obtained from over head trolley wires but

19 not operated upon rails, except vehicles moved solely by human

20 power and motorized wheel chairs.

21 (22.2) Motor vehicle record. "Motor vehicle record" means

22 a report of the driving status and history of a driver

23 generated from the driver record provided to users, such as

24 drivers or employers, and is subject to the provisions of the

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

26 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

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1 combination of motor vehicles not defined by the term

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

3 (22.7) Non-excepted interstate. "Non-excepted interstate"

4 means a person who operates or expects to operate in

5 interstate commerce, is subject to and meets the qualification

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

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

8 (22.8) Non-excepted intrastate. "Non-excepted intrastate"

9 means a person who operates only in intrastate commerce and is

10 subject to State driver qualification requirements.

11 (23) Non-domiciled CLP or Non-domiciled CDL.

12 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,

13 respectively, issued by a state or other jurisdiction under

14 either of the following two conditions:

15 (i) to an individual domiciled in a foreign country

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

17 of the Federal Motor Carrier Safety Administration.

18 (ii) to an individual domiciled in another state

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

20 of the Federal Motor Carrier Safety Administration.

21 (24) (Blank).

22 (25) (Blank).

23 (25.5) Railroad-Highway Grade Crossing Violation.

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

25 while operating a commercial motor vehicle, of any of the

26 following:

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

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

3 state relating to railroad-highway grade crossing.

4 (25.7) School Bus. "School bus" means a commercial motor

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

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

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

8 include a bus used as a common carrier.

9 (26) Serious Traffic Violation. "Serious traffic

10 violation" means:

11 (A) a conviction when operating a commercial motor

12 vehicle, or when operating a non-CMV while holding a CLP

13 or CDL, of:

14 (i) a violation relating to excessive speeding,

15 involving a single speeding charge of 15 miles per

16 hour or more above the legal speed limit; or

17 (ii) a violation relating to reckless driving; or

18 (iii) a violation of any State law or local

19 ordinance relating to motor vehicle traffic control

20 (other than parking violations) arising in connection

21 with a fatal traffic crash; or

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

23 having multiple driver's licenses; or

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

25 relating to the requirement to have a valid CLP or CDL;

26 or

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1 (vi) a violation relating to improper or erratic

2 traffic lane changes; or

3 (vii) a violation relating to following another

4 vehicle too closely; or

5 (viii) a violation relating to texting while

6 driving; or

7 (ix) a violation relating to the use of a

8 hand-held mobile telephone while driving; or

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

10 ordinance of any state relating to motor vehicle traffic

11 control, other than a parking violation, which the

12 Secretary of State determines by administrative rule to be

13 serious.

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

15 the District of Columbia and any province or territory of

16 Canada.

17 (28) (Blank).

18 (29) (Blank).

19 (30) (Blank).

20 (31) (Blank).

21 (32) Texting. "Texting" means manually entering

22 alphanumeric text into, or reading text from, an electronic

23 device.

24 (1) Texting includes, but is not limited to, short

25 message service, emailing, instant messaging, a command or

26 request to access a World Wide Web page, pressing more

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1 than a single button to initiate or terminate a voice

2 communication using a mobile telephone, or engaging in any

3 other form of electronic text retrieval or entry for

4 present or future communication.

5 (2) Texting does not include:

6 (i) inputting, selecting, or reading information

7 on a global positioning system or navigation system;

8 or

9 (ii) pressing a single button to initiate or

10 terminate a voice communication using a mobile

11 telephone; or

12 (iii) using a device capable of performing

13 multiple functions (for example, a fleet management

14 system, dispatching device, smart phone, citizens band

15 radio, or music player) for a purpose that is not

16 otherwise prohibited by Part 392 of the Federal Motor

17 Carrier Safety Regulations.

18 (32.3) Third party skills test examiner. "Third party

19 skills test examiner" means a person employed by a third party

20 tester who is authorized by the State to administer the CDL

21 skills tests specified in 49 C.F.R. Part 383, subparts G and H.

22 (32.5) Third party tester. "Third party tester" means a

23 person (including, but not limited to, another state, a motor

24 carrier, a private driver training facility or other private

25 institution, or a department, agency, or instrumentality of a

26 local government) authorized by the State to employ skills

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1 test examiners to administer the CDL skills tests specified in

2 49 C.F.R. Part 383, subparts G and H.

3 (32.7) United States. "United States" means the 50 states

4 and the District of Columbia.

5 (33) Use a hand-held mobile telephone. "Use a hand-held

6 mobile telephone" means:

7 (1) using at least one hand to hold a mobile telephone

8 to conduct a voice communication;

9 (2) dialing or answering a mobile telephone by

10 pressing more than a single button; or

11 (3) reaching for a mobile telephone in a manner that

12 requires a driver to maneuver so that he or she is no

13 longer in a seated driving position, restrained by a seat

14 belt that is installed in accordance with 49 CFR 393.93

15 and adjusted in accordance with the vehicle manufacturer's

16 instructions.

17 (Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;

18 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)

19 (625 ILCS 5/6-507.5)

20 Sec. 6-507.5. Application for Commercial Learner's Permit

21 (CLP).

22 (a) The application for a CLP must include, but is not

23 limited to, the following:

24 (1) the driver applicant's full legal name and current

25 Illinois domiciliary address, unless the driver applicant

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1 is from a foreign country and is applying for a

2 non-domiciled CLP in which case the driver applicant shall

3 submit proof of Illinois residency or the driver applicant

4 is from another state and is applying for a non-domiciled

5 CLP in which case the driver applicant shall submit proof

6 of domicile in the state which issued the driver

7 applicant's Non-CDL;

8 (2) a physical description of the driver applicant

9 including gender, height, weight, color of eyes, and hair

10 color;

11 (3) date of birth;

12 (4) the driver applicant's social security number;

13 (5) the driver applicant's signature;

14 (6) the names of all states where the driver applicant

15 has previously been licensed to drive any type of motor

16 vehicle during the previous 10 years under 49 C.F.R. Part

17 383;

18 (7) proof of citizenship or lawful permanent residency

19 as set forth in Table 1 of 49 C.F.R. 383.71, unless the

20 driver applicant is from a foreign country and is applying

21 for a non-domiciled CLP, in which case the applicant must

22 provide an unexpired employment authorization document

23 (EAD) issued by USCIS or an unexpired foreign passport

24 accompanied by an approved I-94 form documenting the

25 applicant's most recent admittance into the United States;

26 and

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1 (8) any other information required by the Secretary of

2 State.

3 (b) Except as provided in subsection (b-5), no CLP shall

4 be issued to a driver applicant unless the applicant has taken

5 and passed a general knowledge test that meets the federal

6 standards contained in 49 C.F.R. Part 383, subparts F, G, and H

7 for the commercial motor vehicle the applicant expects to

8 operate.

9 (b-5) The Secretary of State may waive the general

10 knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a

11 qualifying driver applicant of a commercial learner's permit.

12 A qualifying driver applicant shall:

13 (1) be a current resident of this State;

14 (2) be a current or former member of the military

15 services, including a member of any reserve component or

16 National Guard unit;

17 (3) within one year prior to the application, have

18 been regularly employed in a military position that

19 requires the operation of large trucks;

20 (4) have received formal military training in the

21 operation of a vehicle similar to the commercial motor

22 vehicle the applicant expects to operate; and

23 (5) provide the Secretary of State with a general

24 knowledge test waiver form signed by the applicant and his

25 or her commanding officer certifying that the applicant

26 qualifies for the general knowledge test waiver.

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1 (c) No CLP shall be issued to a driver applicant unless the

2 applicant possesses a valid Illinois driver's license or if

3 the applicant is applying for a non-domiciled CLP under

4 subsection (b) of Section 6-509 of this Code, in which case the

5 driver applicant must possess a valid driver's license from

6 his or her state of domicile.

7 (d) No CLP shall be issued to a person under 18 years of

8 age.

9 (e) No person shall be issued a CLP unless the person

10 certifies to the Secretary one of the following types of

11 driving operations in which he or she will be engaged:

12 (1) non-excepted interstate;

13 (2) non-excepted intrastate;

14 (3) excepted interstate; or

15 (4) excepted intrastate.

16 (f) No person shall be issued a CLP unless the person

17 certifies to the Secretary that he or she is not subject to any

18 disqualification under 49 C.F.R. 383.51, or any license

19 disqualification under State law, and that he or she does not

20 have a driver's license from more than one state or

21 jurisdiction.

22 (g) No CLP shall be issued to a person while the person is

23 subject to a disqualification from driving a commercial motor

24 vehicle, unless otherwise permitted by this Code, while the

25 person's driver's license is suspended, revoked, or cancelled

26 in any state, or any territory or province of Canada; nor may a

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1 CLP be issued to a person who has a CLP or CDL issued by any

2 other state or foreign jurisdiction, unless the person

3 surrenders all of these licenses. No CLP shall be issued to or

4 renewed for a person who does not meet the requirement of 49

5 C.F.R. 391.41(b)(11). The requirement may be met with the aid

6 of a hearing aid.

7 (h) No CLP with a Passenger, School Bus or Tank Vehicle

8 endorsement shall be issued to a person unless the driver

9 applicant has taken and passed the knowledge test for each

10 endorsement.

11 (1) A CLP holder with a Passenger (P) endorsement is

12 prohibited from operating a CMV carrying passengers, other

13 than federal or State auditors and inspectors, test

14 examiners, or other trainees, and the CDL holder

15 accompanying the CLP holder as prescribed by subsection

16 (a) of Section 6-507 of this Code. The P endorsement must

17 be class specific.

18 (2) A CLP holder with a School Bus (S) endorsement is

19 prohibited from operating a school bus with passengers

20 other than federal or State auditors and inspectors, test

21 examiners, or other trainees, and the CDL holder

22 accompanying the CLP holder as prescribed by subsection

23 (a) of Section 6-507 of this Code.

24 (3) A CLP holder with a Tank Vehicle (N) endorsement

25 may only operate an empty tank vehicle and is prohibited

26 from operating any tank vehicle that previously contained

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1 hazardous material that has not been purged of all

2 residue.

3 (4) All other federal endorsements are prohibited on a

4 CLP.

5 (i) No CLP holder may operate a commercial motor vehicle

6 transporting hazardous material as defined in paragraph (20)

7 of Section 6-500 of this Code.

8 (j) The CLP holder must be accompanied by the holder of a

9 valid CDL who has the proper CDL group and endorsement

10 necessary to operate the CMV. The CDL holder must at all times

11 be physically present in the front seat of the vehicle next to

12 the CLP holder or, in the case of a passenger vehicle, directly

13 behind or in the first row behind the driver and must have the

14 CLP holder under observation and direct supervision.

15 (k) A CLP is valid for 12 months ~~180 days~~ from the date of

16 issuance. ~~A CLP may be renewed for an additional 180 days~~

17 ~~without requiring the CLP holder to retake the general and~~

18 ~~endorsement knowledge tests.~~

19 (l) A CLP issued prior to July 1, 2014 for a limited time

20 period according to state requirements, shall be considered a

21 valid commercial driver's license for purposes of

22 behind-the-wheel training on public roads or highways.

23 (Source: P.A. 100-223, eff. 8-18-17.)

24 (625 ILCS 5/6-508.5 new)

25 Sec. 6-508.5. Drug and alcohol clearinghouse.

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1 (a) No driver who has engaged in conduct prohibited by

2 subpart B of 49 CFR 382 shall perform safety-sensitive

3 functions, including driving a commercial motor vehicle,

4 unless the driver has met the return to duty requirements of

5 subpart O of 49 CFR 40 and, if the driver's CDL or CLP was

6 canceled, has had the CDL or CLP reinstated.

7 (b) By applying for a CDL or CLP, a driver is deemed to

8 have consented to the release of information from the drug and

9 alcohol clearinghouse to the Secretary of State.

10 (c) No later than November 18, 2024, the Secretary shall

11 request information from the drug and alcohol clearinghouse

12 for all applicants applying for an initial, renewal, transfer,

13 or upgraded CDL or CLP. If the Secretary receives notification

14 that pursuant to 49 CFR 382.503 the applicant is prohibited

15 from operating a commercial motor vehicle, the Secretary shall

16 not issue, renew, transfer, or upgrade a CDL or CLP.

17 (d) No later than November 18, 2024, the Secretary must,

18 upon receiving notification from the drug and alcohol

19 clearinghouse that a holder of a CDL or CLP is prohibited from

20 operating a commercial motor vehicle, cancel the CDL or CLP.

21 The cancellation must be completed and recorded on the CDLIS

22 driver record within 60 days after the State's receipt of such

23 a notification. Upon notification from the Federal Motor

24 Carrier Safety Administration that a driver has completed the

25 return-to-duty process, the Secretary may reinstate the

26 driver's CDL or CLP privileges.

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1 (e) Upon notification from the Federal Motor Carrier

2 Safety Administration that a violation was entered into the

3 drug and alcohol clearinghouse erroneously, the Secretary

4 shall reinstate the driver's CDL or CLP privileges and remove

5 the cancellation from the driving record.

6 (625 ILCS 5/6-514)

7 (Text of Section before amendment by P.A. 102-982)

8 Sec. 6-514. Commercial driver's license (CDL); commercial

9 learner's permit (CLP); disqualifications.

10 (a) A person shall be disqualified from driving a

11 commercial motor vehicle for a period of not less than 12

12 months for the first violation of:

13 (1) Refusing to submit to or failure to complete a

14 test or tests to determine the driver's blood

15 concentration of alcohol, other drug, or both while

16 driving a commercial motor vehicle or, if the driver is a

17 CLP or CDL holder, while driving a non-CMV; or

18 (2) Operating a commercial motor vehicle while the

19 alcohol concentration of the person's blood, breath, other

20 bodily substance, or urine is at least 0.04, or any amount

21 of a drug, substance, or compound in the person's blood,

22 other bodily substance, or urine resulting from the

23 unlawful use or consumption of cannabis listed in the

24 Cannabis Control Act, a controlled substance listed in the

25 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, other bodily

6 substance, or urine was above the legal limit defined in

7 Section 11-501.1 or 11-501.8 or any amount of a drug,

8 substance, or compound in the person's blood, other bodily

9 substance, or urine resulting from the unlawful use or

10 consumption of cannabis listed in the Cannabis Control

11 Act, a controlled substance listed in the Illinois

12 Controlled Substances Act, or methamphetamine as listed in

13 the Methamphetamine Control and Community Protection Act

14 as indicated by a police officer's sworn report or other

15 verified evidence while holding a CLP or CDL; or

16 (3) Conviction for a first violation of:

17 (i) Driving a commercial motor vehicle or, if the

18 driver is a CLP or CDL holder, driving a non-CMV while

19 under 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

22 (ii) Knowingly leaving the scene of an accident

23 while operating a commercial motor vehicle or, if the

24 driver is a CLP or CDL holder, while driving a non-CMV;

25 or

26 (iii) Driving a commercial motor vehicle or, if

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1 the driver is a CLP or CDL holder, driving a non-CMV

2 while 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 or the

21 Criminal Code of 2012 and aggravated driving under the

22 influence of alcohol, other drug or drugs,

23 intoxicating compound or compounds, or any combination

24 thereof under subdivision (d)(1)(F) of Section 11-501

25 of this Code.

26 If any of the above violations or refusals occurred

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1 while transporting hazardous material(s) required to be

2 placarded, the person shall be disqualified for a period

3 of not less than 3 years; or

4 (4) (Blank).

5 (b) A person is disqualified for life for a second

6 conviction of any of the offenses specified in paragraph (a),

7 or any combination of those offenses, arising from 2 or more

8 separate incidents.

9 (c) A person is disqualified from driving a commercial

10 motor vehicle for life if the person either (i) uses a

11 commercial motor vehicle in the commission of any felony

12 involving the manufacture, distribution, or dispensing of a

13 controlled substance, or possession with intent to

14 manufacture, distribute or dispense a controlled substance or

15 (ii) if the person is a CLP or CDL holder, uses a non-CMV in

16 the commission of a felony involving any of those activities.

17 (d) The Secretary of State may, when the United States

18 Secretary of Transportation so authorizes, issue regulations

19 in which a disqualification for life under paragraph (b) may

20 be reduced to a period of not less than 10 years. If a

21 reinstated driver is subsequently convicted of another

22 disqualifying offense, as specified in subsection (a) of this

23 Section, he or she shall be permanently disqualified for life

24 and shall be ineligible to again apply for a reduction of the

25 lifetime disqualification.

26 (e) A person is disqualified from driving a commercial

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1 motor vehicle for a period of not less than 2 months if

2 convicted of 2 serious traffic violations, committed in a

3 commercial motor vehicle, non-CMV while holding a CLP or CDL,

4 or any combination thereof, arising from separate incidents,

5 occurring within a 3-year period, provided the serious traffic

6 violation committed in a non-CMV would result in the

7 suspension or revocation of the CLP or CDL holder's non-CMV

8 privileges. However, a person will be disqualified from

9 driving a commercial motor vehicle for a period of not less

10 than 4 months if convicted of 3 serious traffic violations,

11 committed in a commercial motor vehicle, non-CMV while holding

12 a CLP or CDL, or any combination thereof, arising from

13 separate incidents, occurring within a 3-year period, provided

14 the serious traffic violation committed in a non-CMV would

15 result in the suspension or revocation of the CLP or CDL

16 holder's non-CMV privileges. If all the convictions occurred

17 in a non-CMV, the disqualification shall be entered only if

18 the convictions would result in the suspension or revocation

19 of the CLP or CDL holder's non-CMV privileges.

20 (e-1) (Blank).

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.

26 (g) After suspending, revoking, or cancelling a CLP or

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1 CDL, the Secretary of State must update the driver's records

2 to reflect such action within 10 days. After suspending or

3 revoking the driving privilege of any person who has been

4 issued a CLP or CDL from another jurisdiction, the Secretary

5 shall originate notification to such issuing jurisdiction

6 within 10 days.

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.

11 (i) A person is disqualified from driving a commercial

12 motor vehicle in accordance with the following:

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.

16 (2) For 2 years upon a second conviction of paragraph

17 (2) of subsection (b) or subsection (b-3) or any

18 combination of paragraphs (2) or (3) of subsection (b) or

19 subsections (b-3) or (b-5) of Section 6-507 of this Code

20 within a 10-year period if the second conviction is a

21 violation of paragraph (2) of subsection (b) or subsection

22 (b-3).

23 (3) For 3 years upon a third or subsequent conviction

24 of paragraph (2) of subsection (b) or subsection (b-3) or

25 any combination of paragraphs (2) or (3) of subsection (b)

26 or subsections (b-3) or (b-5) of Section 6-507 of this

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1 Code within a 10-year period if the third or subsequent

2 conviction is a violation of paragraph (2) of subsection

3 (b) or subsection (b-3).

4 (4) For one year upon a first conviction of paragraph

5 (3) of subsection (b) or subsection (b-5) of Section 6-507

6 of this Code.

7 (5) For 3 years upon a second conviction of paragraph

8 (3) of subsection (b) or subsection (b-5) or any

9 combination of paragraphs (2) or (3) of subsection (b) or

10 subsections (b-3) or (b-5) of Section 6-507 of this Code

11 within a 10-year period if the second conviction is a

12 violation of paragraph (3) of subsection (b) or (b-5).

13 (6) For 5 years upon a third or subsequent conviction

14 of paragraph (3) of subsection (b) or subsection (b-5) or

15 any combination of paragraphs (2) or (3) of subsection (b)

16 or subsections (b-3) or (b-5) of Section 6-507 of this

17 Code within a 10-year period if the third or subsequent

18 conviction is a violation of paragraph (3) of subsection

19 (b) or (b-5).

20 (j) Disqualification for railroad-highway grade crossing

21 violation.

22 (1) General rule. A driver who is convicted of a

23 violation of a federal, State, or local law or regulation

24 pertaining to one of the following 6 offenses at a

25 railroad-highway grade crossing must be disqualified from

26 operating a commercial motor vehicle for the period of

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1 time specified in paragraph (2) of this subsection (j) if

2 the offense was committed while operating a commercial

3 motor vehicle:

4 (i) For drivers who are not required to always

5 stop, failing to slow down and check that the tracks

6 are clear of an approaching train or railroad track

7 equipment, as described in subsection (a-5) of Section

8 11-1201 of this Code;

9 (ii) For drivers who are not required to always

10 stop, failing to stop before reaching the crossing, if

11 the tracks are not clear, as described in subsection

12 (a-1) ~~(a)~~ of Section 11-1201 of this Code;

13 (iii) For drivers who are always required to stop,

14 failing to stop before driving onto the crossing, as

15 described in subsection (a-1) of Section 11-1202 of

16 this Code;

17 (iv) For all drivers, failing to have sufficient

18 space to drive completely through the crossing without

19 stopping, as described in subsection (b-5)~~(b)~~ of

20 Section 11-1425 of this Code;

21 (v) For all drivers, failing to obey a traffic

22 control device or the directions of an enforcement

23 official at the crossing, as described in subdivision

24 (2) of subsection (a-1) ~~(a)2~~ of Section 11-1201 of

25 this Code;

26 (vi) For all drivers, failing to negotiate a

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1 crossing because of insufficient undercarriage

2 clearance, as described in subsection (d-1) of Section

3 11-1201 of this Code.

4 (2) Duration of disqualification for railroad-highway

5 grade crossing violation.

6 (i) First violation. A driver must be disqualified

7 from operating a commercial motor vehicle for not less

8 than 60 days if the driver is convicted of a violation

9 described in paragraph (1) of this subsection (j) and,

10 in the three-year period preceding the conviction, the

11 driver had no convictions for a violation described in

12 paragraph (1) of this subsection (j).

13 (ii) Second violation. A driver must be

14 disqualified from operating a commercial motor vehicle

15 for not less than 120 days if the driver is convicted

16 of a violation described in paragraph (1) of this

17 subsection (j) and, in the three-year period preceding

18 the conviction, the driver had one other conviction

19 for a violation described in paragraph (1) of this

20 subsection (j) that was committed in a separate

21 incident.

22 (iii) Third or subsequent violation. A driver must

23 be disqualified from operating a commercial motor

24 vehicle for not less than one year if the driver is

25 convicted of a violation described in paragraph (1) of

26 this subsection (j) and, in the three-year period

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1 preceding the conviction, the driver had 2 or more

2 other convictions for violations described in

3 paragraph (1) of this subsection (j) that were

4 committed in separate incidents.

5 (k) Upon notification of a disqualification of a driver's

6 commercial motor vehicle privileges imposed by the U.S.

7 Department of Transportation, Federal Motor Carrier Safety

8 Administration, in accordance with 49 CFR 383.52, the

9 Secretary of State shall immediately record to the driving

10 record the notice of disqualification and confirm to the

11 driver the action that has been taken.

12 (l) A foreign commercial driver is subject to

13 disqualification under this Section.

14 (m) A person shall be disqualified from operating a

15 commercial motor vehicle for life if that individual uses a

16 commercial motor vehicle in the commission of a felony

17 involving an act or practice of severe forms of human

18 trafficking, as defined in 22 U.S.C. 7102(11).

19 (Source: P.A. 102-749, eff. 1-1-23.)

20 (Text of Section after amendment by P.A. 102-982)

21 Sec. 6-514. Commercial driver's license (CDL); commercial

22 learner's permit (CLP); disqualifications.

23 (a) A person shall be disqualified from driving a

24 commercial motor vehicle for a period of not less than 12

25 months for the first violation of:

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1 (1) Refusing to submit to or failure to complete a

2 test or tests to determine the driver's blood

3 concentration of alcohol, other drug, or both while

4 driving a commercial motor vehicle or, if the driver is a

5 CLP or CDL holder, while driving a non-CMV; or

6 (2) Operating a commercial motor vehicle while the

7 alcohol concentration of the person's blood, breath, other

8 bodily substance, or urine is at least 0.04, or any amount

9 of a drug, substance, or compound in the person's blood,

10 other bodily substance, or urine resulting from the

11 unlawful use or consumption of cannabis listed in the

12 Cannabis Control Act, a controlled substance listed in the

13 Illinois Controlled Substances Act, or methamphetamine as

14 listed in the Methamphetamine Control and Community

15 Protection Act as indicated by a police officer's sworn

16 report or other verified evidence; or operating a

17 non-commercial motor vehicle while the alcohol

18 concentration of the person's blood, breath, other bodily

19 substance, or urine was above the legal limit defined in

20 Section 11-501.1 or 11-501.8 or any amount of a drug,

21 substance, or compound in the person's blood, other bodily

22 substance, or urine resulting from the unlawful use or

23 consumption of cannabis listed in the Cannabis Control

24 Act, a controlled substance listed in the Illinois

25 Controlled Substances Act, or methamphetamine as listed in

26 the Methamphetamine Control and Community Protection Act

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1 as indicated by a police officer's sworn report or other

2 verified evidence while holding a CLP or CDL; or

3 (3) Conviction for a first violation of:

4 (i) Driving a commercial motor vehicle or, if the

5 driver is a CLP or CDL holder, driving a non-CMV while

6 under the influence of alcohol, or any other drug, or

7 combination of drugs to a degree which renders such

8 person incapable of safely driving; or

9 (ii) Knowingly leaving the scene of a crash while

10 operating a commercial motor vehicle or, if the driver

11 is a CLP or CDL holder, while driving a non-CMV; or

12 (iii) Driving a commercial motor vehicle or, if

13 the driver is a CLP or CDL holder, driving a non-CMV

14 while committing any felony; or

15 (iv) Driving a commercial motor vehicle while the

16 person's driving privileges or driver's license or

17 permit is revoked, suspended, or cancelled or the

18 driver is disqualified from operating a commercial

19 motor vehicle; or

20 (v) Causing a fatality through the negligent

21 operation of a commercial motor vehicle, including but

22 not limited to the crimes of motor vehicle

23 manslaughter, homicide by a motor vehicle, and

24 negligent homicide.

25 As used in this subdivision (a)(3)(v), "motor

26 vehicle manslaughter" means the offense of involuntary

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1 manslaughter if committed by means of a vehicle;

2 "homicide by a motor vehicle" means the offense of

3 first degree murder or second degree murder, if either

4 offense is committed by means of a vehicle; and

5 "negligent homicide" means reckless homicide under

6 Section 9-3 of the Criminal Code of 1961 or the

7 Criminal Code of 2012 and aggravated driving under the

8 influence of alcohol, other drug or drugs,

9 intoxicating compound or compounds, or any combination

10 thereof under subdivision (d)(1)(F) of Section 11-501

11 of this Code.

12 If any of the above violations or refusals occurred

13 while transporting hazardous material(s) required to be

14 placarded, the person shall be disqualified for a period

15 of not less than 3 years; or

16 (4) (Blank).

17 (b) A person is disqualified for life for a second

18 conviction of any of the offenses specified in paragraph (a),

19 or any combination of those offenses, arising from 2 or more

20 separate incidents.

21 (c) A person is disqualified from driving a commercial

22 motor vehicle for life if the person either (i) uses a

23 commercial motor vehicle in the commission of any felony

24 involving the manufacture, distribution, or dispensing of a

25 controlled substance, or possession with intent to

26 manufacture, distribute or dispense a controlled substance or

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1 (ii) if the person is a CLP or CDL holder, uses a non-CMV in

2 the commission of a felony involving any of those activities.

3 (d) The Secretary of State may, when the United States

4 Secretary of Transportation so authorizes, issue regulations

5 in which a disqualification for life under paragraph (b) may

6 be reduced to a period of not less than 10 years. If a

7 reinstated driver is subsequently convicted of another

8 disqualifying offense, as specified in subsection (a) of this

9 Section, he or she shall be permanently disqualified for life

10 and shall be ineligible to again apply for a reduction of the

11 lifetime disqualification.

12 (e) A person is disqualified from driving a commercial

13 motor vehicle for a period of not less than 2 months if

14 convicted of 2 serious traffic violations, committed in a

15 commercial motor vehicle, non-CMV while holding a CLP or CDL,

16 or any combination thereof, arising from separate incidents,

17 occurring within a 3-year period, provided the serious traffic

18 violation committed in a non-CMV would result in the

19 suspension or revocation of the CLP or CDL holder's non-CMV

20 privileges. However, a person will be disqualified from

21 driving a commercial motor vehicle for a period of not less

22 than 4 months if convicted of 3 serious traffic violations,

23 committed in a commercial motor vehicle, non-CMV while holding

24 a CLP or CDL, or any combination thereof, arising from

25 separate incidents, occurring within a 3-year period, provided

26 the serious traffic violation committed in a non-CMV would

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1 result in the suspension or revocation of the CLP or CDL

2 holder's non-CMV privileges. If all the convictions occurred

3 in a non-CMV, the disqualification shall be entered only if

4 the convictions would result in the suspension or revocation

5 of the CLP or CDL holder's non-CMV privileges.

6 (e-1) (Blank).

7 (f) Notwithstanding any other provision of this Code, any

8 driver disqualified from operating a commercial motor vehicle,

9 pursuant to this UCDLA, shall not be eligible for restoration

10 of commercial driving privileges during any such period of

11 disqualification.

12 (g) After suspending, revoking, or cancelling a CLP or

13 CDL, the Secretary of State must update the driver's records

14 to reflect such action within 10 days. After suspending or

15 revoking the driving privilege of any person who has been

16 issued a CLP or CDL from another jurisdiction, the Secretary

17 shall originate notification to such issuing jurisdiction

18 within 10 days.

19 (h) The "disqualifications" referred to in this Section

20 shall not be imposed upon any commercial motor vehicle driver,

21 by the Secretary of State, unless the prohibited action(s)

22 occurred after March 31, 1992.

23 (i) A person is disqualified from driving a commercial

24 motor vehicle in accordance with the following:

25 (1) For 6 months upon a first conviction of paragraph

26 (2) of subsection (b) or subsection (b-3) of Section 6-507

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1 of this Code.

2 (2) For 2 years upon a second conviction of paragraph

3 (2) of subsection (b) or subsection (b-3) or any

4 combination of paragraphs (2) or (3) of subsection (b) or

5 subsections (b-3) or (b-5) of Section 6-507 of this Code

6 within a 10-year period if the second conviction is a

7 violation of paragraph (2) of subsection (b) or subsection

8 (b-3).

9 (3) For 3 years upon a third or subsequent conviction

10 of paragraph (2) of subsection (b) or subsection (b-3) or

11 any combination of paragraphs (2) or (3) of subsection (b)

12 or subsections (b-3) or (b-5) of Section 6-507 of this

13 Code within a 10-year period if the third or subsequent

14 conviction is a violation of paragraph (2) of subsection

15 (b) or subsection (b-3).

16 (4) For one year upon a first conviction of paragraph

17 (3) of subsection (b) or subsection (b-5) of Section 6-507

18 of this Code.

19 (5) For 3 years upon a second conviction of paragraph

20 (3) of subsection (b) or subsection (b-5) or any

21 combination of paragraphs (2) or (3) of subsection (b) or

22 subsections (b-3) or (b-5) of Section 6-507 of this Code

23 within a 10-year period if the second conviction is a

24 violation of paragraph (3) of subsection (b) or (b-5).

25 (6) For 5 years upon a third or subsequent conviction

26 of paragraph (3) of subsection (b) or subsection (b-5) or

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1 any combination of paragraphs (2) or (3) of subsection (b)

2 or subsections (b-3) or (b-5) of Section 6-507 of this

3 Code within a 10-year period if the third or subsequent

4 conviction is a violation of paragraph (3) of subsection

5 (b) or (b-5).

6 (j) Disqualification for railroad-highway grade crossing

7 violation.

8 (1) General rule. A driver who is convicted of a

9 violation of a federal, State, or local law or regulation

10 pertaining to one of the following 6 offenses at a

11 railroad-highway grade crossing must be disqualified from

12 operating a commercial motor vehicle for the period of

13 time specified in paragraph (2) of this subsection (j) if

14 the offense was committed while operating a commercial

15 motor vehicle:

16 (i) For drivers who are not required to always

17 stop, failing to slow down and check that the tracks

18 are clear of an approaching train or railroad track

19 equipment, as described in subsection (a-5) of Section

20 11-1201 of this Code;

21 (ii) For drivers who are not required to always

22 stop, failing to stop before reaching the crossing, if

23 the tracks are not clear, as described in subsection

24 (a-1) ~~(a)~~ of Section 11-1201 of this Code;

25 (iii) For drivers who are always required to stop,

26 failing to stop before driving onto the crossing, as

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1 described in subsection (a-1) of Section 11-1202 of

2 this Code;

3 (iv) For all drivers, failing to have sufficient

4 space to drive completely through the crossing without

5 stopping, as described in subsection (b-5)~~(b)~~ of

6 Section 11-1425 of this Code;

7 (v) For all drivers, failing to obey a traffic

8 control device or the directions of an enforcement

9 official at the crossing, as described in subdivision

10 (2) of subsection (a-1) ~~(a)2~~ of Section 11-1201 of

11 this Code;

12 (vi) For all drivers, failing to negotiate a

13 crossing because of insufficient undercarriage

14 clearance, as described in subsection (d-1) of Section

15 11-1201 of this Code.

16 (2) Duration of disqualification for railroad-highway

17 grade crossing violation.

18 (i) First violation. A driver must be disqualified

19 from operating a commercial motor vehicle for not less

20 than 60 days if the driver is convicted of a violation

21 described in paragraph (1) of this subsection (j) and,

22 in the three-year period preceding the conviction, the

23 driver had no convictions for a violation described in

24 paragraph (1) of this subsection (j).

25 (ii) Second violation. A driver must be

26 disqualified from operating a commercial motor vehicle

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1 for not less than 120 days if the driver is convicted

2 of a violation described in paragraph (1) of this

3 subsection (j) and, in the three-year period preceding

4 the conviction, the driver had one other conviction

5 for a violation described in paragraph (1) of this

6 subsection (j) that was committed in a separate

7 incident.

8 (iii) Third or subsequent violation. A driver must

9 be disqualified from operating a commercial motor

10 vehicle for not less than one year if the driver is

11 convicted of a violation described in paragraph (1) of

12 this subsection (j) and, in the three-year period

13 preceding the conviction, the driver had 2 or more

14 other convictions for violations described in

15 paragraph (1) of this subsection (j) that were

16 committed in separate incidents.

17 (k) Upon notification of a disqualification of a driver's

18 commercial motor vehicle privileges imposed by the U.S.

19 Department of Transportation, Federal Motor Carrier Safety

20 Administration, in accordance with 49 CFR 383.52, the

21 Secretary of State shall immediately record to the driving

22 record the notice of disqualification and confirm to the

23 driver the action that has been taken.

24 (l) A foreign commercial driver is subject to

25 disqualification under this Section.

26 (m) A person shall be disqualified from operating a

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1 commercial motor vehicle for life if that individual uses a

2 commercial motor vehicle in the commission of a felony

3 involving an act or practice of severe forms of human

4 trafficking, as defined in 22 U.S.C. 7102(11).

5 (Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23;

6 revised 12-14-22.)

7 (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)

8 Sec. 7-315. A certificate of insurance proof.

9 (a) Proof of financial responsibility may be made by

10 filing with the Secretary of State the ~~written or~~electronic

11 certificate of any insurance carrier duly authorized to do

12 business in this State, certifying that it has issued to or for

13 the benefit of the person furnishing such proof and named as

14 the insured in a motor vehicle liability policy, a motor

15 vehicle liability policy or policies or in certain events an

16 operator's policy meeting the requirements of this Code and

17 that said policy or policies are then in full force and effect.

18 All ~~written or~~ electronic certificates must be submitted in a

19 manner satisfactory to the Secretary of State.

20 (b) Such certificate or certificates shall give the dates

21 of issuance and expiration of such policy or policies and

22 certify that the same shall not be canceled unless 15 days'

23 prior ~~written or~~electronic notice thereof be given to the

24 Secretary of State and shall explicitly describe all motor

25 vehicles covered thereby unless the policy or policies are

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1 issued to a person who is not the owner of a motor vehicle.

2 (c) The Secretary of State shall not accept any

3 certificate or certificates unless the same shall cover all

4 motor vehicles then registered in this State in the name of the

5 person furnishing such proof as owner and an additional

6 certificate or certificates shall be required as a condition

7 precedent to the subsequent registration of any motor vehicle

8 or motor vehicles in the name of the person giving such proof

9 as owner.

10 (Source: P.A. 94-239, eff. 1-1-06.)

11 (625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)

12 Sec. 7-318. Notice of cancellation or termination of

13 certified policy ~~Cancellation or Termination of Certified~~

14 ~~Policy~~. When an insurance carrier has certified a motor

15 vehicle liability policy or policies under this Act, it shall

16 notify the Secretary of State of any cancellation by

17 submitting an ~~mailing a written or~~ electronic notice at least

18 15 days prior to cancellation of such policy and the policy

19 shall continue in full force and effect until the date of

20 cancellation specified in such notice or until its expiration,

21 except that such a policy subsequently procured and certified

22 shall, on the effective date of its certification, terminate

23 the insurance previously certified with respect to any vehicle

24 designated in both certificates. All~~written or~~ electronic

25 certificates must be submitted in a manner satisfactory to the

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1 Secretary of State.

2 (Source: P.A. 94-239, eff. 1-1-06.)

3 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)

4 Sec. 11-1201. Obedience to signal indicating approach of

5 train or railroad track equipment.

6 (a) Whenever any person driving a vehicle approaches a

7 railroad grade crossing where the driver is not always

8 required to stop, the person must exercise due care and

9 caution as the existence of a railroad track across a highway

10 is a warning of danger, and under any of the circumstances

11 stated in this Section, the driver shall stop within 50 feet

12 but not less than 15 feet from the nearest rail of the railroad

13 and shall not proceed until the tracks are clear and he or she

14 can do so safely. The foregoing requirements shall apply when:

15 1. A clearly visible electric or mechanical signal

16 device gives warning of the immediate approach of a

17 railroad train or railroad track equipment;

18 2. A crossing gate is lowered or a human flagman gives

19 or continues to give a signal of the approach or passage of

20 a railroad train or railroad track equipment;

21 3. A railroad train or railroad track equipment

22 approaching a highway crossing emits a warning signal and

23 such railroad train or railroad track equipment, by reason

24 of its speed or nearness to such crossing, is an immediate

25 hazard;

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1 4. An approaching railroad train or railroad track

2 equipment is plainly visible and is in hazardous proximity

3 to such crossing;

4 5. A railroad train or railroad track equipment is

5 approaching so closely that an immediate hazard is

6 created.

7 (a-1) Whenever any person driving a commercial motor

8 vehicle, as defined in Section 6-500 of this Code, approaches

9 a railroad grade crossing where the driver is not always

10 required to stop, the person must exercise due care and

11 caution as the existence of a railroad track across a highway

12 is a warning of danger, and under any of the circumstances

13 stated in this Section, the driver shall stop within 50 feet

14 but not less than 15 feet from the nearest rail of the railroad

15 and shall not proceed until the tracks are clear and he or she

16 can do so safely. The foregoing requirements shall apply when:

17 1. A clearly visible electric or mechanical signal

18 device gives warning of the immediate approach of a

19 railroad train or railroad track equipment;

20 2. A crossing gate is lowered or a human flagman gives

21 or continues to give a signal of the approach or passage of

22 a railroad train or railroad track equipment;

23 3. A railroad train or railroad track equipment

24 approaching a highway crossing emits a warning signal and

25 such railroad train or railroad track equipment, by reason

26 of its speed or nearness to such crossing, is an immediate

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1 hazard;

2 4. An approaching railroad train or railroad track

3 equipment is plainly visible and is in hazardous proximity

4 to such crossing;

5 5. A railroad train or railroad track equipment is

6 approaching so closely that an immediate hazard is

7 created.

8 (a-5) Whenever a person driving a commercial motor

9 vehicle, as defined in Section 6-500 of this Code, ~~vehicle~~

10 approaches a railroad grade crossing where the driver is not

11 always required to stop but must slow down, the person must

12 exercise due care and caution as the existence of a railroad

13 track across a highway is a warning of danger, and under any of

14 the circumstances stated in this Section, the driver shall

15 slow down within 50 feet but not less than 15 feet from the

16 nearest rail of the railroad and shall not proceed until he or

17 she checks that the tracks are clear of an approaching train or

18 railroad track equipment.

19 (b) No person shall drive any vehicle through, around or

20 under any crossing gate or barrier at a railroad crossing

21 while such gate or barrier is closed or is being opened or

22 closed.

23 (c) The Department, and local authorities with the

24 approval of the Department, are hereby authorized to designate

25 particularly dangerous highway grade crossings of railroads

26 and to erect stop signs thereat. When such stop signs are

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1 erected the driver of any vehicle shall stop within 50 feet but

2 not less than 15 feet from the nearest rail of such railroad

3 and shall proceed only upon exercising due care.

4 (d) At any railroad grade crossing provided with railroad

5 crossbuck signs, without automatic, electric, or mechanical

6 signal devices, crossing gates, or a human flagman giving a

7 signal of the approach or passage of a train or railroad track

8 equipment, the driver of a vehicle shall in obedience to the

9 railroad crossbuck sign, yield the right-of-way and slow down

10 to a speed reasonable for the existing conditions and shall

11 stop, if required for safety, at a clearly marked stopped

12 line, or if no stop line, within 50 feet but not less than 15

13 feet from the nearest rail of the railroad and shall not

14 proceed until he or she can do so safely. If a driver is

15 involved in a collision at a railroad crossing or interferes

16 with the movement of a train or railroad track equipment after

17 driving past the railroad crossbuck sign, the collision or

18 interference is prima facie evidence of the driver's failure

19 to yield right-of-way.

20 (d-1) No person shall, while driving a commercial motor

21 vehicle, fail to negotiate a railroad-highway grade railroad

22 crossing because of insufficient undercarriage clearance.

23 (d-5) (Blank).

24 (e) It is unlawful to violate any part of this Section.

25 (1) A violation of this Section is a petty offense for

26 which a fine of $500 shall be imposed for a first

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1 violation, and a fine of $1,000 shall be imposed for a

2 second or subsequent violation. The court may impose 25

3 hours of community service in place of the $500 fine for

4 the first violation.

5 (2) For a second or subsequent violation, the

6 Secretary of State may suspend the driving privileges of

7 the offender for a minimum of 6 months.

8 (f) Corporate authorities of municipal corporations

9 regulating operators of vehicles that fail to obey signals

10 indicating the presence, approach, passage, or departure of a

11 train or railroad track equipment shall impose fines as

12 established in subsection (e) of this Section.

13 (Source: P.A. 99-663, eff. 1-1-17.)

14 (625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)

15 Sec. 11-1202. Certain vehicles must stop at all railroad

16 grade crossings.

17 (a) The driver of any of the following vehicles shall,

18 before crossing a railroad track or tracks at grade, stop such

19 vehicle within 50 feet but not less than 15 feet from the

20 nearest rail and, while so stopped, shall listen and look for

21 the approach of a train or railroad track equipment and shall

22 not proceed until such movement can be made with safety:

23 1. Any second division vehicle carrying passengers for

24 hire;

25 2. Any bus that meets all of the special requirements

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1 for school buses in Sections 12-801, 12-803, and 12-805 of

2 this Code. The driver of the bus, in addition to complying

3 with all other applicable requirements of this subsection

4 (a), must also (i) turn off all noise producing

5 accessories, including heater blowers, defroster fans,

6 auxiliary fans, and radios, and (ii) open the service door

7 and driver's window, before crossing a railroad track or

8 tracks;

9 3. (Blank). ~~Any other vehicle which is required by~~

10 ~~Federal or State law to be placarded when carrying as a~~

11 ~~cargo or part of a cargo hazardous material as defined in~~

12 ~~the "Illinois Hazardous Materials Transportation Act".~~

13 (a-1) The driver of any of the following vehicles shall,

14 before crossing a railroad track or tracks at grade, stop such

15 vehicle within 50 feet but not less than 15 feet from the

16 nearest rail and, while so stopped, shall listen and look for

17 the approach of a train or railroad track equipment and shall

18 not proceed until such movement can be made with safety:

19 1. A commercial motor vehicle, as defined in Section

20 6-500 of this Code, carrying passengers for hire;

21 2. Any bus that meets all of the special requirements

22 for school buses in Sections 12-801, 12-803, and 12-805 of

23 this Code and is designed to transport 16 or more persons,

24 including the driver. The driver of the bus, in addition

25 to complying with all other applicable requirements of

26 this subsection (a-1), must also (i) turn off all noise

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1 producing accessories, including heater blowers, defroster

2 fans, auxiliary fans, and radios, and (ii) open the

3 service door and driver's window, before crossing a

4 railroad track or tracks;

5 3. Any other vehicle which is required by federal or

6 State law to be placarded when carrying as a cargo or part

7 of a cargo hazardous material as defined in the Illinois

8 Hazardous Materials Transportation Act.

9 After stopping as required in this Section, the driver

10 shall proceed only in a gear not requiring a change of gears

11 during the crossing, and the driver shall not shift gears

12 while crossing the track or tracks.

13 (b) This Section shall not apply:

14 1. At any railroad grade crossing where traffic is

15 controlled by a police officer or flagperson;

16 2. At any railroad grade crossing controlled by a

17 functioning traffic-control signal transmitting a green

18 indication which, under law, permits the vehicle to

19 proceed across the railroad tracks without slowing or

20 stopping, except that subsection (a) shall apply to any

21 school bus;

22 3. At any streetcar grade crossing within a business

23 or residence district; or

24 4. At any abandoned, industrial or spur track railroad

25 grade crossing designated as exempt by the Illinois

26 Commerce Commission and marked with an official sign as

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1 authorized in the State Manual on Uniform Traffic Control

2 Devices for Streets and Highways.

3 (Source: P.A. 95-756, eff. 1-1-09; 96-1244, eff. 1-1-11.)

4 (625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)

5 Sec. 11-1425. Stop when traffic obstructed.

6 (a) No driver shall enter an intersection or a marked

7 crosswalk or drive onto any railroad grade crossing unless

8 there is sufficient space on the other side of the

9 intersection, crosswalk or railroad grade crossing to

10 accommodate the vehicle he is operating without obstructing

11 the passage of other vehicles, pedestrians or railroad trains

12 notwithstanding any traffic-control signal indication to

13 proceed.

14 (b) No driver shall enter a highway rail grade crossing

15 unless there is sufficient space on the other side of the

16 highway rail grade crossing to accommodate the vehicle being

17 operated without obstructing the passage of a train or other

18 railroad equipment using the rails, notwithstanding any

19 traffic-control signal indication to proceed.

20 (b-5) No driver operating a commercial motor vehicle, as

21 defined in Section 6-500 of this Code, shall enter a highway

22 rail grade crossing unless there is sufficient space on the

23 other side of the highway rail grade crossing to accommodate

24 the vehicle being operated without obstructing the passage of

25 a train or other railroad equipment using the rails,

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1 notwithstanding any traffic-control signal indication to

2 proceed.

3 (c) (Blank).

4 (d) Beginning with the effective date of this amendatory

5 Act of the 95th General Assembly, the Secretary of State shall

6 suspend for a period of one month the driving privileges of any

7 person convicted of a violation of subsection (b) of this

8 Section or a similar provision of a local ordinance; the

9 Secretary shall suspend for a period of 3 months the driving

10 privileges of any person convicted of a second or subsequent

11 violation of subsection (b) of this Section or a similar

12 provision of a local ordinance if the second or subsequent

13 violation occurs within 5 years of a prior conviction for the

14 same offense. In addition to the suspensions authorized by

15 this Section, any person convicted of violating subsection (b)

16 of this Section or a similar provision of a local ordinance

17 shall be subject to a mandatory fine of $500 or 50 hours of

18 community service. Any person given a disposition of court

19 supervision for violating subsection (b) of this Section or a

20 similar provision of a local ordinance shall also be subject

21 to a mandatory fine of $500 or 50 hours of community service.

22 Upon a second or subsequent violation, in addition to the

23 suspensions authorized by this Section, the person shall be

24 subject to a mandatory fine of $500 and 50 hours community

25 service. The Secretary may also grant, for the duration of any

26 suspension issued under this subsection, a restricted driving

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1 permit granting the privilege of driving a motor vehicle

2 between the driver's residence and place of employment or

3 within other proper limits that the Secretary of State shall

4 find necessary to avoid any undue hardship. A restricted

5 driving permit issued hereunder shall be subject to

6 cancellation, revocation and suspension by the Secretary of

7 State in like manner and for like cause as a driver's license

8 may be cancelled, revoked or suspended; except that a

9 conviction upon one or more offenses against laws or

10 ordinances regulating the movement of traffic shall be deemed

11 sufficient cause for the revocation, suspension or

12 cancellation of the restricted driving permit. The Secretary

13 of State may, as a condition to the issuance of a restricted

14 driving permit, require the applicant to participate in a

15 designated driver remedial or rehabilitative program. Any

16 conviction for a violation of this subsection shall be

17 included as an offense for the purposes of determining

18 suspension action under any other provision of this Code,

19 provided however, that the penalties provided under this

20 subsection shall be imposed unless those penalties imposed

21 under other applicable provisions are greater.

22 (Source: P.A. 95-753, eff. 1-1-09.)

23 Section 95. No acceleration or delay. Where this Act makes

24 changes in a statute that is represented in this Act by text

25 that is not yet or no longer in effect (for example, a Section

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1 represented by multiple versions), the use of that text does

2 not accelerate or delay the taking effect of (i) the changes

3 made by this Act or (ii) provisions derived from any other

4 Public Act.

5 Section 99. Effective date. This Act takes effect upon

6 becoming law.