Bill Text: IL SB1757 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Replaces the commercial driver instruction permit with the Commercial Learner's Permit (CLP). Allows retesting applicants or cancelling a CDL or CLP for fraud in the issuance of the CDL or CLP. Changes the definition of tank vehicle and commercial motor vehicle. Defines endorsement, manual transmission, third party tester and third party skills test examiner. Effective July 1, 2014.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-08-05 - Public Act . . . . . . . . . 98-0176 [SB1757 Detail]

Download: Illinois-2013-SB1757-Amended.html

Sen. Pat McGuire

Filed: 3/15/2013

09800SB1757sam001LRB098 08452 MLW 42428 a
1
AMENDMENT TO SENATE BILL 1757
2 AMENDMENT NO. ______. Amend Senate Bill 1757 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-111.6, 1-115.3, 1-204.4, 2-119, 6-101,
66-118, 6-201, 6-204, 6-207, 6-500, 6-502, 6-503, 6-506, 6-507,
76-508, 6-508.1, 6-509, 6-510, 6-511, 6-512, 6-513, 6-514,
86-518, 6-523, and 6-704 and by adding Sections 1-110.1a,
91-111.7a, 1-148.5a, 6-507.5, and 6-512.5 as follows:
10 (625 ILCS 5/1-110.1a new)
11 Sec. 1-110.1a. CDL Driver. A person holding a CDL or a
12person required to hold a CDL.
13 (625 ILCS 5/1-111.6)
14 Sec. 1-111.6. Commercial driver's license (CDL). A license
15issued to an individual by a state or other jurisdiction of

09800SB1757sam001- 2 -LRB098 08452 MLW 42428 a
1domicile, in accordance with the standards contained in 49
2C.F.R. Part 383, to an individual which authorizes the
3individual to operate a class of a commercial motor vehicle.
4(Source: P.A. 95-382, eff. 8-23-07.)
5 (625 ILCS 5/1-111.7a new)
6 Sec. 1-111.7a. Commercial Learner's Permit (CLP). A permit
7issued to an individual by a state or other jurisdiction of
8domicile, in accordance with the standards contained in 49
9C.F.R. Part 383, which, when carried with a valid driver's
10license issued by the same state or jurisdiction of domicile,
11authorizes the individual to operate a class of commercial
12motor vehicle when accompanied by a holder of a valid CDL for
13purposes of behind-the-wheel training. When issued to a CDL
14holder, a CLP serves as authorization for accompanied
15behind-the-wheel training in a commercial motor vehicle for
16which the holder's current CDL is not valid.
17 (625 ILCS 5/1-115.3)
18 Sec. 1-115.3. Disqualification. Disqualification means any
19of the following 3 actions:
20 (a) The suspension, revocation, or cancellation of a CLP or
21CDL by the State or jurisdiction of issuance.
22 (b) Any withdrawal of a person's privileges to drive a
23commercial motor vehicle by a State or other jurisdiction as a
24result of a violation of State or local law relating to motor

09800SB1757sam001- 3 -LRB098 08452 MLW 42428 a
1vehicle traffic control (other than parking, vehicle weight or
2vehicle defect violations).
3 (c) A determination by the Federal Motor Carrier Safety
4Administration that a person is not qualified to operate a
5commercial motor vehicle under 49 C.F.R. Part 391.
6(Source: P.A. 94-307, eff. 9-30-05.)
7 (625 ILCS 5/1-148.5a new)
8 Sec. 1-148.5a. Non-CDL. Any other type of motor vehicle
9license, such as an automobile driver's license or a motorcycle
10license.
11 (625 ILCS 5/1-204.4)
12 Sec. 1-204.4. Tank vehicle. Any commercial motor vehicle
13that is designed to transport any liquid or gaseous material
14within a tank or tanks having an individual rated capacity of
15more than 119 gallons and an aggregate rated capacity of 1,000
16gallons or more that is either permanently or temporarily
17attached to the vehicle or the chassis. A commercial motor
18vehicle transporting an empty storage container tank, not
19designed for transportation, with a rated capacity of 1,000
20gallons or more that is temporarily attached to a flatbed
21trailer is not considered a tank vehicle. Those vehicles
22include, but are not limited to, cargo tanks and portable
23tanks, as defined in 49 C.F.R. Part 171. However, for the
24purposes of Article V of Chapter 6 of this Code, this

09800SB1757sam001- 4 -LRB098 08452 MLW 42428 a
1definition does not include portable tanks having a rated
2capacity of less than 1,000 gallons.
3(Source: P.A. 90-89, eff. 1-1-98.)
4 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
5 Sec. 2-119. Disposition of fees and taxes.
6 (a) All moneys received from Salvage Certificates shall be
7deposited in the Common School Fund in the State Treasury.
8 (b) Beginning January 1, 1990 and concluding December 31,
91994, of the money collected for each certificate of title,
10duplicate certificate of title and corrected certificate of
11title, $0.50 shall be deposited into the Used Tire Management
12Fund. Beginning January 1, 1990 and concluding December 31,
131994, of the money collected for each certificate of title,
14duplicate certificate of title and corrected certificate of
15title, $1.50 shall be deposited in the Park and Conservation
16Fund.
17 Beginning January 1, 1995, of the money collected for each
18certificate of title, duplicate certificate of title and
19corrected certificate of title, $3.25 shall be deposited in the
20Park and Conservation Fund. The moneys deposited in the Park
21and Conservation Fund pursuant to this Section shall be used
22for the acquisition and development of bike paths as provided
23for in Section 805-420 of the Department of Natural Resources
24(Conservation) Law (20 ILCS 805/805-420). The monies deposited
25into the Park and Conservation Fund under this subsection shall

09800SB1757sam001- 5 -LRB098 08452 MLW 42428 a
1not be subject to administrative charges or chargebacks unless
2otherwise authorized by this Act.
3 Beginning January 1, 2000, of the moneys collected for each
4certificate of title, duplicate certificate of title, and
5corrected certificate of title, $48 shall be deposited into the
6Road Fund and $4 shall be deposited into the Motor Vehicle
7License Plate Fund, except that if the balance in the Motor
8Vehicle License Plate Fund exceeds $40,000,000 on the last day
9of a calendar month, then during the next calendar month the $4
10shall instead be deposited into the Road Fund.
11 Beginning January 1, 2005, of the moneys collected for each
12delinquent vehicle registration renewal fee, $20 shall be
13deposited into the General Revenue Fund.
14 Except as otherwise provided in this Code, all remaining
15moneys collected for certificates of title, and all moneys
16collected for filing of security interests, shall be placed in
17the General Revenue Fund in the State Treasury.
18 (c) All moneys collected for that portion of a driver's
19license fee designated for driver education under Section 6-118
20shall be placed in the Driver Education Fund in the State
21Treasury.
22 (d) Beginning January 1, 1999, of the monies collected as a
23registration fee for each motorcycle, motor driven cycle and
24moped, 27% of each annual registration fee for such vehicle and
2527% of each semiannual registration fee for such vehicle is
26deposited in the Cycle Rider Safety Training Fund.

09800SB1757sam001- 6 -LRB098 08452 MLW 42428 a
1 (e) Of the monies received by the Secretary of State as
2registration fees or taxes or as payment of any other fee, as
3provided in this Act, except fees received by the Secretary
4under paragraph (7) of subsection (b) of Section 5-101 and
5Section 5-109 of this Code, 37% shall be deposited into the
6State Construction Fund.
7 (f) Of the total money collected for a commercial learner's
8permit (CLP) CDL instruction permit or original or renewal
9issuance of a commercial driver's license (CDL) pursuant to the
10Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the
11total fee for an original or renewal CDL, and $6 of the total
12CLP CDL instruction permit fee when such permit is issued to
13any person holding a valid Illinois driver's license, shall be
14paid into the CDLIS/AAMVAnet Trust Fund (Commercial Driver's
15License Information System/American Association of Motor
16Vehicle Administrators network Trust Fund) and shall be used
17for the purposes provided in Section 6z-23 of the State Finance
18Act and (ii) $20 of the total fee for an original or renewal
19CDL or CLP commercial driver instruction permit shall be paid
20into the Motor Carrier Safety Inspection Fund, which is hereby
21created as a special fund in the State Treasury, to be used by
22the Department of State Police, subject to appropriation, to
23hire additional officers to conduct motor carrier safety
24inspections pursuant to Chapter 18b of this Code.
25 (g) All remaining moneys received by the Secretary of State
26as registration fees or taxes or as payment of any other fee,

09800SB1757sam001- 7 -LRB098 08452 MLW 42428 a
1as provided in this Act, except fees received by the Secretary
2under paragraph (7)(A) of subsection (b) of Section 5-101 and
3Section 5-109 of this Code, shall be deposited in the Road Fund
4in the State Treasury. Moneys in the Road Fund shall be used
5for the purposes provided in Section 8.3 of the State Finance
6Act.
7 (h) (Blank).
8 (i) (Blank).
9 (j) (Blank).
10 (k) There is created in the State Treasury a special fund
11to be known as the Secretary of State Special License Plate
12Fund. Money deposited into the Fund shall, subject to
13appropriation, be used by the Office of the Secretary of State
14(i) to help defray plate manufacturing and plate processing
15costs for the issuance and, when applicable, renewal of any new
16or existing registration plates authorized under this Code and
17(ii) for grants made by the Secretary of State to benefit
18Illinois Veterans Home libraries.
19 On or before October 1, 1995, the Secretary of State shall
20direct the State Comptroller and State Treasurer to transfer
21any unexpended balance in the Special Environmental License
22Plate Fund, the Special Korean War Veteran License Plate Fund,
23and the Retired Congressional License Plate Fund to the
24Secretary of State Special License Plate Fund.
25 (l) The Motor Vehicle Review Board Fund is created as a
26special fund in the State Treasury. Moneys deposited into the

09800SB1757sam001- 8 -LRB098 08452 MLW 42428 a
1Fund under paragraph (7) of subsection (b) of Section 5-101 and
2Section 5-109 shall, subject to appropriation, be used by the
3Office of the Secretary of State to administer the Motor
4Vehicle Review Board, including without limitation payment of
5compensation and all necessary expenses incurred in
6administering the Motor Vehicle Review Board under the Motor
7Vehicle Franchise Act.
8 (m) Effective July 1, 1996, there is created in the State
9Treasury a special fund to be known as the Family
10Responsibility Fund. Moneys deposited into the Fund shall,
11subject to appropriation, be used by the Office of the
12Secretary of State for the purpose of enforcing the Family
13Financial Responsibility Law.
14 (n) The Illinois Fire Fighters' Memorial Fund is created as
15a special fund in the State Treasury. Moneys deposited into the
16Fund shall, subject to appropriation, be used by the Office of
17the State Fire Marshal for construction of the Illinois Fire
18Fighters' Memorial to be located at the State Capitol grounds
19in Springfield, Illinois. Upon the completion of the Memorial,
20moneys in the Fund shall be used in accordance with Section
213-634.
22 (o) Of the money collected for each certificate of title
23for all-terrain vehicles and off-highway motorcycles, $17
24shall be deposited into the Off-Highway Vehicle Trails Fund.
25 (p) For audits conducted on or after July 1, 2003 pursuant
26to Section 2-124(d) of this Code, 50% of the money collected as

09800SB1757sam001- 9 -LRB098 08452 MLW 42428 a
1audit fees shall be deposited into the General Revenue Fund.
2(Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
3 (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
4 Sec. 6-101. Drivers must have licenses or permits.
5 (a) No person, except those expressly exempted by Section
66-102, shall drive any motor vehicle upon a highway in this
7State unless such person has a valid license or permit, or a
8restricted driving permit, issued under the provisions of this
9Act.
10 (b) No person shall drive a motor vehicle unless he holds a
11valid license or permit, or a restricted driving permit issued
12under the provisions of Section 6-205, 6-206, or 6-113 of this
13Act. Any person to whom a license is issued under the
14provisions of this Act must surrender to the Secretary of State
15all valid licenses or permits, except that an applicant for a
16non-domiciled commercial learner's permit or commercial
17driver's license shall not be required to surrender a license
18or permit issued by the applicant's state or country of
19domicile. No drivers license or instruction permit shall be
20issued to any person who holds a valid Foreign State license,
21identification card, or permit unless such person first
22surrenders to the Secretary of State any such valid Foreign
23State license, identification card, or permit.
24 (b-5) Any person who commits a violation of subsection (a)
25or (b) of this Section is guilty of a Class A misdemeanor, if

09800SB1757sam001- 10 -LRB098 08452 MLW 42428 a
1at the time of the violation the person's driver's license or
2permit was cancelled under clause (a)9 of Section 6-201 of this
3Code.
4 (c) Any person licensed as a driver hereunder shall not be
5required by any city, village, incorporated town or other
6municipal corporation to obtain any other license to exercise
7the privilege thereby granted.
8 (d) In addition to other penalties imposed under this
9Section, any person in violation of this Section who is also in
10violation of Section 7-601 of this Code relating to mandatory
11insurance requirements shall have his or her motor vehicle
12immediately impounded by the arresting law enforcement
13officer. The motor vehicle may be released to any licensed
14driver upon a showing of proof of insurance for the motor
15vehicle that was impounded and the notarized written consent
16for the release by the vehicle owner.
17 (e) In addition to other penalties imposed under this
18Section, the vehicle of any person in violation of this Section
19who is also in violation of Section 7-601 of this Code relating
20to mandatory insurance requirements and who, in violating this
21Section, has caused death or personal injury to another person
22is subject to forfeiture under Sections 36-1 and 36-2 of the
23Criminal Code of 2012. For the purposes of this Section, a
24personal injury shall include any type A injury as indicated on
25the traffic accident report completed by a law enforcement
26officer that requires immediate professional attention in

09800SB1757sam001- 11 -LRB098 08452 MLW 42428 a
1either a doctor's office or a medical facility. A type A injury
2shall include severely bleeding wounds, distorted extremities,
3and injuries that require the injured party to be carried from
4the scene.
5(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13.)
6 (625 ILCS 5/6-118)
7 Sec. 6-118. Fees.
8 (a) The fee for licenses and permits under this Article is
9as follows:
10 Original driver's license.............................$30
11 Original or renewal driver's license
12 issued to 18, 19 and 20 year olds.................. 5
13 All driver's licenses for persons
14 age 69 through age 80.............................. 5
15 All driver's licenses for persons
16 age 81 through age 86.............................. 2
17 All driver's licenses for persons
18 age 87 or older.....................................0
19 Renewal driver's license (except for
20 applicants ages 18, 19 and 20 or
21 age 69 and older)..................................30
22 Original instruction permit issued to
23 persons (except those age 69 and older)
24 who do not hold or have not previously
25 held an Illinois instruction permit or

09800SB1757sam001- 12 -LRB098 08452 MLW 42428 a
1 driver's license.................................. 20
2 Instruction permit issued to any person
3 holding an Illinois driver's license
4 who wishes a change in classifications,
5 other than at the time of renewal.................. 5
6 Any instruction permit issued to a person
7 age 69 and older................................... 5
8 Instruction permit issued to any person,
9 under age 69, not currently holding a
10 valid Illinois driver's license or
11 instruction permit but who has
12 previously been issued either document
13 in Illinois....................................... 10
14 Restricted driving permit.............................. 8
15 Monitoring device driving permit...................... 8
16 Duplicate or corrected driver's license
17 or permit.......................................... 5
18 Duplicate or corrected restricted
19 driving permit..................................... 5
20 Duplicate or corrected monitoring
21 device driving permit.................................. 5
22 Duplicate driver's license or permit issued to
23 an active-duty member of the
24 United States Armed Forces,
25 the member's spouse, or
26 the dependent children living

09800SB1757sam001- 13 -LRB098 08452 MLW 42428 a
1 with the member................................... 0
2 Original or renewal M or L endorsement................. 5
3SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
4 The fees for commercial driver licenses and permits
5 under Article V shall be as follows:
6 Commercial driver's license:
7 $6 for the CDLIS/AAMVAnet Trust Fund
8 (Commercial Driver's License Information
9 System/American Association of Motor Vehicle
10 Administrators network Trust Fund);
11 $20 for the Motor Carrier Safety Inspection Fund;
12 $10 for the driver's license;
13 and $24 for the CDL:............................. $60
14 Renewal commercial driver's license:
15 $6 for the CDLIS/AAMVAnet Trust Fund;
16 $20 for the Motor Carrier Safety Inspection Fund;
17 $10 for the driver's license; and
18 $24 for the CDL:................................. $60
19 Commercial learner's driver instruction permit
20 issued to any person holding a valid
21 Illinois driver's license for the
22 purpose of changing to a
23 CDL classification: $6 for the
24 CDLIS/AAMVAnet Trust Fund;
25 $20 for the Motor Carrier
26 Safety Inspection Fund; and

09800SB1757sam001- 14 -LRB098 08452 MLW 42428 a
1 $24 for the CDL classification................... $50
2 Commercial learner's driver instruction permit
3 issued to any person holding a valid
4 Illinois CDL for the purpose of
5 making a change in a classification,
6 endorsement or restriction........................ $5
7 CDL duplicate or corrected license.................... $5
8 In order to ensure the proper implementation of the Uniform
9Commercial Driver License Act, Article V of this Chapter, the
10Secretary of State is empowered to pro-rate the $24 fee for the
11commercial driver's license proportionate to the expiration
12date of the applicant's Illinois driver's license.
13 The fee for any duplicate license or permit shall be waived
14for any person who presents the Secretary of State's office
15with a police report showing that his license or permit was
16stolen.
17 The fee for any duplicate license or permit shall be waived
18for any person age 60 or older whose driver's license or permit
19has been lost or stolen.
20 No additional fee shall be charged for a driver's license,
21or for a commercial driver's license, when issued to the holder
22of an instruction permit for the same classification or type of
23license who becomes eligible for such license.
24 (b) Any person whose license or privilege to operate a
25motor vehicle in this State has been suspended or revoked under
26Section 3-707, any provision of Chapter 6, Chapter 11, or

09800SB1757sam001- 15 -LRB098 08452 MLW 42428 a
1Section 7-205, 7-303, or 7-702 of the Family Financial
2Responsibility Law of this Code, shall in addition to any other
3fees required by this Code, pay a reinstatement fee as follows:
4 Suspension under Section 3-707..................... $100
5 Summary suspension under Section 11-501.1...........$250
6 Summary revocation under Section 11-501.1............$500
7 Other suspension......................................$70
8 Revocation...........................................$500
9 However, any person whose license or privilege to operate a
10motor vehicle in this State has been suspended or revoked for a
11second or subsequent time for a violation of Section 11-501 or
1211-501.1 of this Code or a similar provision of a local
13ordinance or a similar out-of-state offense or Section 9-3 of
14the Criminal Code of 1961 or the Criminal Code of 2012 and each
15suspension or revocation was for a violation of Section 11-501
16or 11-501.1 of this Code or a similar provision of a local
17ordinance or a similar out-of-state offense or Section 9-3 of
18the Criminal Code of 1961 or the Criminal Code of 2012 shall
19pay, in addition to any other fees required by this Code, a
20reinstatement fee as follows:
21 Summary suspension under Section 11-501.1............$500
22 Summary revocation under Section 11-501.1............$500
23 Revocation...........................................$500
24 (c) All fees collected under the provisions of this Chapter
256 shall be paid into the Road Fund in the State Treasury except
26as follows:

09800SB1757sam001- 16 -LRB098 08452 MLW 42428 a
1 1. The following amounts shall be paid into the Driver
2 Education Fund:
3 (A) $16 of the $20 fee for an original driver's
4 instruction permit;
5 (B) $5 of the $30 fee for an original driver's
6 license;
7 (C) $5 of the $30 fee for a 4 year renewal driver's
8 license;
9 (D) $4 of the $8 fee for a restricted driving
10 permit; and
11 (E) $4 of the $8 fee for a monitoring device
12 driving permit.
13 2. $30 of the $250 fee for reinstatement of a license
14 summarily suspended under Section 11-501.1 shall be
15 deposited into the Drunk and Drugged Driving Prevention
16 Fund. However, for a person whose license or privilege to
17 operate a motor vehicle in this State has been suspended or
18 revoked for a second or subsequent time for a violation of
19 Section 11-501 or 11-501.1 of this Code or Section 9-3 of
20 the Criminal Code of 1961 or the Criminal Code of 2012,
21 $190 of the $500 fee for reinstatement of a license
22 summarily suspended under Section 11-501.1, and $190 of the
23 $500 fee for reinstatement of a revoked license shall be
24 deposited into the Drunk and Drugged Driving Prevention
25 Fund. $190 of the $500 fee for reinstatement of a license
26 summarily revoked pursuant to Section 11-501.1 shall be

09800SB1757sam001- 17 -LRB098 08452 MLW 42428 a
1 deposited into the Drunk and Drugged Driving Prevention
2 Fund.
3 3. $6 of the such original or renewal fee for a
4 commercial driver's license and $6 of the commercial
5 learner's driver instruction permit fee when the such
6 permit is issued to any person holding a valid Illinois
7 driver's license, shall be paid into the CDLIS/AAMVAnet
8 Trust Fund.
9 4. $30 of the $70 fee for reinstatement of a license
10 suspended under the Family Financial Responsibility Law
11 shall be paid into the Family Responsibility Fund.
12 5. The $5 fee for each original or renewal M or L
13 endorsement shall be deposited into the Cycle Rider Safety
14 Training Fund.
15 6. $20 of any original or renewal fee for a commercial
16 driver's license or commercial learner's driver
17 instruction permit shall be paid into the Motor Carrier
18 Safety Inspection Fund.
19 7. The following amounts shall be paid into the General
20 Revenue Fund:
21 (A) $190 of the $250 reinstatement fee for a
22 summary suspension under Section 11-501.1;
23 (B) $40 of the $70 reinstatement fee for any other
24 suspension provided in subsection (b) of this Section;
25 and
26 (C) $440 of the $500 reinstatement fee for a first

09800SB1757sam001- 18 -LRB098 08452 MLW 42428 a
1 offense revocation and $310 of the $500 reinstatement
2 fee for a second or subsequent revocation.
3 (d) All of the proceeds of the additional fees imposed by
4this amendatory Act of the 96th General Assembly shall be
5deposited into the Capital Projects Fund.
6 (e) The additional fees imposed by this amendatory Act of
7the 96th General Assembly shall become effective 90 days after
8becoming law.
9 (f) As used in this Section, "active-duty member of the
10United States Armed Forces" means a member of the Armed
11Services or Reserve Forces of the United States or a member of
12the Illinois National Guard who is called to active duty
13pursuant to an executive order of the President of the United
14States, an act of the Congress of the United States, or an
15order of the Governor.
16(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09;
1796-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff.
188-12-11; 97-1150, eff. 1-25-13.)
19 (625 ILCS 5/6-201)
20 Sec. 6-201. Authority to cancel licenses and permits.
21 (a) The Secretary of State is authorized to cancel any
22license or permit upon determining that the holder thereof:
23 1. was not entitled to the issuance thereof hereunder;
24 or
25 2. failed to give the required or correct information

09800SB1757sam001- 19 -LRB098 08452 MLW 42428 a
1 in his application; or
2 3. failed to pay any fees, civil penalties owed to the
3 Illinois Commerce Commission, or taxes due under this Act
4 and upon reasonable notice and demand; or
5 4. committed any fraud in the making of such
6 application; or
7 5. is ineligible therefor under the provisions of
8 Section 6-103 of this Act, as amended; or
9 6. has refused or neglected to submit an alcohol, drug,
10 and intoxicating compound evaluation or to submit to
11 examination or re-examination as required under this Act;
12 or
13 7. has been convicted of violating the Cannabis Control
14 Act, the Illinois Controlled Substances Act, the
15 Methamphetamine Control and Community Protection Act, or
16 the Use of Intoxicating Compounds Act while that individual
17 was in actual physical control of a motor vehicle. For
18 purposes of this Section, any person placed on probation
19 under Section 10 of the Cannabis Control Act, Section 410
20 of the Illinois Controlled Substances Act, or Section 70 of
21 the Methamphetamine Control and Community Protection Act
22 shall not be considered convicted. Any person found guilty
23 of this offense, while in actual physical control of a
24 motor vehicle, shall have an entry made in the court record
25 by the judge that this offense did occur while the person
26 was in actual physical control of a motor vehicle and order

09800SB1757sam001- 20 -LRB098 08452 MLW 42428 a
1 the clerk of the court to report the violation to the
2 Secretary of State as such. After the cancellation, the
3 Secretary of State shall not issue a new license or permit
4 for a period of one year after the date of cancellation.
5 However, upon application, the Secretary of State may, if
6 satisfied that the person applying will not endanger the
7 public safety, or welfare, issue a restricted driving
8 permit granting the privilege of driving a motor vehicle
9 between the petitioner's residence and petitioner's place
10 of employment or within the scope of the petitioner's
11 employment related duties, or to allow transportation for
12 the petitioner or a household member of the petitioner's
13 family for the receipt of necessary medical care, or
14 provide transportation for the petitioner to and from
15 alcohol or drug remedial or rehabilitative activity
16 recommended by a licensed service provider, or for the
17 petitioner to attend classes, as a student, in an
18 accredited educational institution. The petitioner must
19 demonstrate that no alternative means of transportation is
20 reasonably available; provided that the Secretary's
21 discretion shall be limited to cases where undue hardship,
22 as defined by the rules of the Secretary of State, would
23 result from a failure to issue such restricted driving
24 permit. In each case the Secretary of State may issue such
25 restricted driving permit for such period as he deems
26 appropriate, except that such permit shall expire within

09800SB1757sam001- 21 -LRB098 08452 MLW 42428 a
1 one year from the date of issuance. A restricted driving
2 permit issued hereunder shall be subject to cancellation,
3 revocation and suspension by the Secretary of State in like
4 manner and for like cause as a driver's license issued
5 hereunder may be cancelled, revoked or suspended; except
6 that a conviction upon one or more offenses against laws or
7 ordinances regulating the movement of traffic shall be
8 deemed sufficient cause for the revocation, suspension or
9 cancellation of a restricted driving permit. The Secretary
10 of State may, as a condition to the issuance of a
11 restricted driving permit, require the applicant to
12 participate in a driver remedial or rehabilitative
13 program. In accordance with 49 C.F.R. 384, the Secretary of
14 State may not issue a restricted driving permit for the
15 operation of a commercial motor vehicle to a person holding
16 a CDL whose driving privileges have been revoked,
17 suspended, cancelled, or disqualified under this Code; or
18 8. failed to submit a report as required by Section
19 6-116.5 of this Code; or
20 9. has been convicted of a sex offense as defined in
21 the Sex Offender Registration Act. The driver's license
22 shall remain cancelled until the driver registers as a sex
23 offender as required by the Sex Offender Registration Act,
24 proof of the registration is furnished to the Secretary of
25 State and the sex offender provides proof of current
26 address to the Secretary; or

09800SB1757sam001- 22 -LRB098 08452 MLW 42428 a
1 10. is ineligible for a license or permit under Section
2 6-107, 6-107.1, or 6-108 of this Code; or
3 11. refused or neglected to appear at a Driver Services
4 facility to have the license or permit corrected and a new
5 license or permit issued or to present documentation for
6 verification of identity; or
7 12. failed to submit a medical examiner's certificate
8 or medical variance as required by 49 C.F.R. 383.71 or
9 submitted a fraudulent medical examiner's certificate or
10 medical variance; or
11 13. has had his or her medical examiner's certificate,
12 medical variance, or both removed or rescinded by the
13 Federal Motor Carrier Safety Administration; or
14 14. failed to self-certify as to the type of driving in
15 which the CDL driver engages or expects to engage; or
16 15. was convicted of fraud relating to the testing or
17 issuance of a CDL or CLP, in which case only the CDL or CLP
18 shall be cancelled. After cancellation, the Secretary
19 shall not issue a CLP or CDL for a period of one year from
20 the date of cancellation.
21 (b) Upon such cancellation the licensee or permittee must
22surrender the license or permit so cancelled to the Secretary
23of State.
24 (c) Except as provided in Sections 6-206.1 and 7-702.1, the
25Secretary of State shall have exclusive authority to grant,
26issue, deny, cancel, suspend and revoke driving privileges,

09800SB1757sam001- 23 -LRB098 08452 MLW 42428 a
1drivers' licenses and restricted driving permits.
2 (d) The Secretary of State may adopt rules to implement
3this Section.
4(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
597-813, eff. 7-13-12; 97-835, eff. 7-20-12.)
6 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
7 Sec. 6-204. When Court to forward License and Reports.
8 (a) For the purpose of providing to the Secretary of State
9the records essential to the performance of the Secretary's
10duties under this Code to cancel, revoke or suspend the
11driver's license and privilege to drive motor vehicles of
12certain minors adjudicated truant minors in need of
13supervision, addicted, or delinquent and of persons found
14guilty of the criminal offenses or traffic violations which
15this Code recognizes as evidence relating to unfitness to
16safely operate motor vehicles, the following duties are imposed
17upon public officials:
18 (1) Whenever any person is convicted of any offense for
19 which this Code makes mandatory the cancellation or
20 revocation of the driver's license or permit of such person
21 by the Secretary of State, the judge of the court in which
22 such conviction is had shall require the surrender to the
23 clerk of the court of all driver's licenses or permits then
24 held by the person so convicted, and the clerk of the court
25 shall, within 5 days thereafter, forward the same, together

09800SB1757sam001- 24 -LRB098 08452 MLW 42428 a
1 with a report of such conviction, to the Secretary.
2 (2) Whenever any person is convicted of any offense
3 under this Code or similar offenses under a municipal
4 ordinance, other than regulations governing standing,
5 parking or weights of vehicles, and excepting the following
6 enumerated Sections of this Code: Sections 11-1406
7 (obstruction to driver's view or control), 11-1407
8 (improper opening of door into traffic), 11-1410 (coasting
9 on downgrade), 11-1411 (following fire apparatus),
10 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
11 vehicle which is in unsafe condition or improperly
12 equipped), 12-201(a) (daytime lights on motorcycles),
13 12-202 (clearance, identification and side marker lamps),
14 12-204 (lamp or flag on projecting load), 12-205 (failure
15 to display the safety lights required), 12-401
16 (restrictions as to tire equipment), 12-502 (mirrors),
17 12-503 (windshields must be unobstructed and equipped with
18 wipers), 12-601 (horns and warning devices), 12-602
19 (mufflers, prevention of noise or smoke), 12-603 (seat
20 safety belts), 12-702 (certain vehicles to carry flares or
21 other warning devices), 12-703 (vehicles for oiling roads
22 operated on highways), 12-710 (splash guards and
23 replacements), 13-101 (safety tests), 15-101 (size, weight
24 and load), 15-102 (width), 15-103 (height), 15-104 (name
25 and address on second division vehicles), 15-107 (length of
26 vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),

09800SB1757sam001- 25 -LRB098 08452 MLW 42428 a
1 15-112 (weights), 15-301 (weights), 15-316 (weights),
2 15-318 (weights), and also excepting the following
3 enumerated Sections of the Chicago Municipal Code:
4 Sections 27-245 (following fire apparatus), 27-254
5 (obstruction of traffic), 27-258 (driving vehicle which is
6 in unsafe condition), 27-259 (coasting on downgrade),
7 27-264 (use of horns and signal devices), 27-265
8 (obstruction to driver's view or driver mechanism), 27-267
9 (dimming of headlights), 27-268 (unattended motor
10 vehicle), 27-272 (illegal funeral procession), 27-273
11 (funeral procession on boulevard), 27-275 (driving freight
12 hauling vehicles on boulevard), 27-276 (stopping and
13 standing of buses or taxicabs), 27-277 (cruising of public
14 passenger vehicles), 27-305 (parallel parking), 27-306
15 (diagonal parking), 27-307 (parking not to obstruct
16 traffic), 27-308 (stopping, standing or parking
17 regulated), 27-311 (parking regulations), 27-312 (parking
18 regulations), 27-313 (parking regulations), 27-314
19 (parking regulations), 27-315 (parking regulations),
20 27-316 (parking regulations), 27-317 (parking
21 regulations), 27-318 (parking regulations), 27-319
22 (parking regulations), 27-320 (parking regulations),
23 27-321 (parking regulations), 27-322 (parking
24 regulations), 27-324 (loading and unloading at an angle),
25 27-333 (wheel and axle loads), 27-334 (load restrictions in
26 the downtown district), 27-335 (load restrictions in

09800SB1757sam001- 26 -LRB098 08452 MLW 42428 a
1 residential areas), 27-338 (width of vehicles), 27-339
2 (height of vehicles), 27-340 (length of vehicles), 27-352
3 (reflectors on trailers), 27-353 (mufflers), 27-354
4 (display of plates), 27-355 (display of city vehicle tax
5 sticker), 27-357 (identification of vehicles), 27-358
6 (projecting of loads), and also excepting the following
7 enumerated paragraphs of Section 2-201 of the Rules and
8 Regulations of the Illinois State Toll Highway Authority:
9 (l) (driving unsafe vehicle on tollway), (m) (vehicles
10 transporting dangerous cargo not properly indicated), it
11 shall be the duty of the clerk of the court in which such
12 conviction is had within 5 days thereafter to forward to
13 the Secretary of State a report of the conviction and the
14 court may recommend the suspension of the driver's license
15 or permit of the person so convicted.
16 The reporting requirements of this subsection shall apply
17to all violations stated in paragraphs (1) and (2) of this
18subsection when the individual has been adjudicated under the
19Juvenile Court Act or the Juvenile Court Act of 1987. Such
20reporting requirements shall also apply to individuals
21adjudicated under the Juvenile Court Act or the Juvenile Court
22Act of 1987 who have committed a violation of Section 11-501 of
23this Code, or similar provision of a local ordinance, or
24Section 9-3 of the Criminal Code of 1961 or the Criminal Code
25of 2012, relating to the offense of reckless homicide. These
26reporting requirements also apply to individuals adjudicated

09800SB1757sam001- 27 -LRB098 08452 MLW 42428 a
1under the Juvenile Court Act of 1987 based on any offense
2determined to have been committed in furtherance of the
3criminal activities of an organized gang, as provided in
4Section 5-710 of that Act, and that involved the operation or
5use of a motor vehicle or the use of a driver's license or
6permit. The reporting requirements of this subsection shall
7also apply to a truant minor in need of supervision, an
8addicted minor, or a delinquent minor and whose driver's
9license and privilege to drive a motor vehicle has been ordered
10suspended for such times as determined by the Court, but only
11until he or she attains 18 years of age. It shall be the duty of
12the clerk of the court in which adjudication is had within 5
13days thereafter to forward to the Secretary of State a report
14of the adjudication and the court order requiring the Secretary
15of State to suspend the minor's driver's license and driving
16privilege for such time as determined by the Court, but only
17until he or she attains the age of 18 years. All juvenile court
18dispositions reported to the Secretary of State under this
19provision shall be processed by the Secretary of State as if
20the cases had been adjudicated in traffic or criminal court.
21However, information reported relative to the offense of
22reckless homicide, or Section 11-501 of this Code, or a similar
23provision of a local ordinance, shall be privileged and
24available only to the Secretary of State, courts, and police
25officers.
26 The reporting requirements of this subsection (a)

09800SB1757sam001- 28 -LRB098 08452 MLW 42428 a
1 apply to all violations listed in paragraphs (1) and (2) of
2 this subsection (a), excluding parking violations, when
3 the driver holds a CLP or CDL, regardless of the type of
4 vehicle in which the violation occurred, or when any driver
5 committed the violation in a commercial motor vehicle as
6 defined in Section 6-500 of this Code.
7 (3) Whenever an order is entered vacating the
8 forfeiture of any bail, security or bond given to secure
9 appearance for any offense under this Code or similar
10 offenses under municipal ordinance, it shall be the duty of
11 the clerk of the court in which such vacation was had or
12 the judge of such court if such court has no clerk, within
13 5 days thereafter to forward to the Secretary of State a
14 report of the vacation.
15 (4) A report of any disposition of court supervision
16 for a violation of Sections 6-303, 11-401, 11-501 or a
17 similar provision of a local ordinance, 11-503, 11-504, and
18 11-506 shall be forwarded to the Secretary of State. A
19 report of any disposition of court supervision for a
20 violation of an offense defined as a serious traffic
21 violation in this Code or a similar provision of a local
22 ordinance committed by a person under the age of 21 years
23 shall be forwarded to the Secretary of State.
24 (5) Reports of conviction under this Code and
25 sentencing hearings under the Juvenile Court Act of 1987 in
26 an electronic format or a computer processible medium shall

09800SB1757sam001- 29 -LRB098 08452 MLW 42428 a
1 be forwarded to the Secretary of State via the Supreme
2 Court in the form and format required by the Illinois
3 Supreme Court and established by a written agreement
4 between the Supreme Court and the Secretary of State. In
5 counties with a population over 300,000, instead of
6 forwarding reports to the Supreme Court, reports of
7 conviction under this Code and sentencing hearings under
8 the Juvenile Court Act of 1987 in an electronic format or a
9 computer processible medium may be forwarded to the
10 Secretary of State by the Circuit Court Clerk in a form and
11 format required by the Secretary of State and established
12 by written agreement between the Circuit Court Clerk and
13 the Secretary of State. Failure to forward the reports of
14 conviction or sentencing hearing under the Juvenile Court
15 Act of 1987 as required by this Section shall be deemed an
16 omission of duty and it shall be the duty of the several
17 State's Attorneys to enforce the requirements of this
18 Section.
19 (b) Whenever a restricted driving permit is forwarded to a
20court, as a result of confiscation by a police officer pursuant
21to the authority in Section 6-113(f), it shall be the duty of
22the clerk, or judge, if the court has no clerk, to forward such
23restricted driving permit and a facsimile of the officer's
24citation to the Secretary of State as expeditiously as
25practicable.
26 (c) For the purposes of this Code, a forfeiture of bail or

09800SB1757sam001- 30 -LRB098 08452 MLW 42428 a
1collateral deposited to secure a defendant's appearance in
2court when forfeiture has not been vacated, or the failure of a
3defendant to appear for trial after depositing his driver's
4license in lieu of other bail, shall be equivalent to a
5conviction.
6 (d) For the purpose of providing the Secretary of State
7with records necessary to properly monitor and assess driver
8performance and assist the courts in the proper disposition of
9repeat traffic law offenders, the clerk of the court shall
10forward to the Secretary of State, on a form prescribed by the
11Secretary, records of a driver's participation in a driver
12remedial or rehabilitative program which was required, through
13a court order or court supervision, in relation to the driver's
14arrest for a violation of Section 11-501 of this Code or a
15similar provision of a local ordinance. The clerk of the court
16shall also forward to the Secretary, either on paper or in an
17electronic format or a computer processible medium as required
18under paragraph (5) of subsection (a) of this Section, any
19disposition of court supervision for any traffic violation,
20excluding those offenses listed in paragraph (2) of subsection
21(a) of this Section. These reports shall be sent within 5 days
22after disposition, or, if the driver is referred to a driver
23remedial or rehabilitative program, within 5 days of the
24driver's referral to that program. These reports received by
25the Secretary of State, including those required to be
26forwarded under paragraph (a)(4), shall be privileged

09800SB1757sam001- 31 -LRB098 08452 MLW 42428 a
1information, available only (i) to the affected driver, (ii) to
2the parent or guardian of a person under the age of 18 years
3holding an instruction permit or a graduated driver's license,
4and (iii) for use by the courts, police officers, prosecuting
5authorities, the Secretary of State, and the driver licensing
6administrator of any other state. In accordance with 49 C.F.R.
7Part 384, all reports of court supervision, except violations
8related to parking, shall be forwarded to the Secretary of
9State for all holders of a CLP or CDL or any driver who commits
10an offense while driving a commercial motor vehicle. These
11reports shall be recorded to the driver's record as a
12conviction for use in the disqualification of the driver's
13commercial motor vehicle privileges and shall not be privileged
14information.
15(Source: P.A. 97-1150, eff. 1-25-13.)
16 (625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
17 Sec. 6-207. Secretary of State may require reexamination or
18reissuance of a license.
19 (a) The Secretary of State, having good cause to believe
20that a licensed driver or person holding a permit or applying
21for a license or license renewal is incompetent or otherwise
22not qualified to hold a license or permit, may upon written
23notice of at least 5 days to the person require the person to
24submit to an examination as prescribed by the Secretary.
25 Refusal or neglect of the person to submit an alcohol,

09800SB1757sam001- 32 -LRB098 08452 MLW 42428 a
1drug, or intoxicating compound evaluation or submit to or
2failure to successfully complete the examination is grounds for
3suspension of the person's license or permit under Section
46-206 of this Act or cancellation of his license or permit
5under Section 6-201 of this Act.
6 (b) The Secretary of State, having issued a driver's
7license or permit in error, may upon written notice of at least
85 days to the person, require the person to appear at a Driver
9Services facility to have the license or permit error corrected
10and a new license or permit issued.
11 Refusal or neglect of the person to appear is grounds for
12cancellation of the person's license or permit under Section
136-201 of this Act.
14 (c) The Secretary of State, having issued a driver's
15license or permit to a person who subsequently becomes
16ineligible to retain that license or permit as currently
17issued, may, upon written notice of at least 5 days to the
18person, require the person to appear at a Driver Services
19facility to have the license or permit corrected and a new
20license or permit issued.
21 (d) The Secretary of State, having good cause to believe
22that a driver's license or permit was issued based on invalid,
23fictitious, or fraudulent documents, may upon written notice of
24at least 5 days require the person to appear at a Driver
25Services facility to present valid documents for verification
26of identity. Refusal or neglect of the person to appear shall

09800SB1757sam001- 33 -LRB098 08452 MLW 42428 a
1result in cancellation of the person's license or permit.
2 (e) Under 49 C.F.R. 383.73, if the Secretary of State
3receives credible information that a CLP or CDL was issued and
4fraud was committed relating to the issuance of the CLP or CDL,
5the Secretary shall require the CLP or CDL holder to re-submit
6to all testing required for the issuance of the CLP or CDL
7(written, pre-trip, skills, and road exams). Upon written
8notification by the Secretary, the holder shall have 5 days to
9submit to re-examination. Failure to appear or successfully
10complete the examination shall result in the cancellation of
11the CLP or CDL under Section 6-201 of this Act.
12(Source: P.A. 97-229, eff. 7-28-11.)
13 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
14 Sec. 6-500. Definitions of words and phrases.
15Notwithstanding the definitions set forth elsewhere in this
16Code, for purposes of the Uniform Commercial Driver's License
17Act (UCDLA), the words and phrases listed below have the
18meanings ascribed to them as follows:
19 (1) Alcohol. "Alcohol" means any substance containing any
20form of alcohol, including but not limited to ethanol,
21methanol, propanol, and isopropanol.
22 (2) Alcohol concentration. "Alcohol concentration" means:
23 (A) the number of grams of alcohol per 210 liters of
24 breath; or
25 (B) the number of grams of alcohol per 100 milliliters

09800SB1757sam001- 34 -LRB098 08452 MLW 42428 a
1 of blood; or
2 (C) the number of grams of alcohol per 67 milliliters
3 of urine.
4 Alcohol tests administered within 2 hours of the driver
5being "stopped or detained" shall be considered that driver's
6"alcohol concentration" for the purposes of enforcing this
7UCDLA.
8 (3) (Blank).
9 (4) (Blank).
10 (5) (Blank).
11 (5.3) CDLIS driver record. "CDLIS driver record" means the
12electronic record of the individual CDL driver's status and
13history stored by the State-of-Record as part of the Commercial
14Driver's License Information System, or CDLIS, established
15under 49 U.S.C. 31309.
16 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
17record" or "CDLIS MVR" means a report generated from the CDLIS
18driver record meeting the requirements for access to CDLIS
19information and provided by states to users authorized in 49
20C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
21Driver Privacy Protection Act, 18 U.S.C. 2721–2725.
22 (5.7) Commercial driver's license downgrade. "Commercial
23driver's license downgrade" or "CDL downgrade" means either:
24 (A) a state allows the driver to change his or her
25 self-certification to interstate, but operating
26 exclusively in transportation or operation excepted from

09800SB1757sam001- 35 -LRB098 08452 MLW 42428 a
1 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
2 391.2, 391.68, or 398.3;
3 (B) a state allows the driver to change his or her
4 self-certification to intrastate only, if the driver
5 qualifies under that state's physical qualification
6 requirements for intrastate only;
7 (C) a state allows the driver to change his or her
8 certification to intrastate, but operating exclusively in
9 transportation or operations excepted from all or part of
10 the state driver qualification requirements; or
11 (D) a state removes the CDL privilege from the driver
12 license.
13 (6) Commercial Motor Vehicle.
14 (A) "Commercial motor vehicle" or "CMV" means a motor
15 vehicle or combination of motor vehicles used in commerce,
16 except those referred to in subdivision (B), designed to
17 transport passengers or property if the motor vehicle:
18 (i) has a gross combination weight rating or gross
19 combination weight of 11,794 kilograms or more (26,001
20 pounds or more), whichever is greater, inclusive of any
21 towed unit with a gross vehicle weight rating or gross
22 vehicle weight of more than 4,536 kilograms (10,000
23 pounds), whichever is greater the vehicle has a GVWR of
24 26,001 pounds or more or such a lesser GVWR as
25 subsequently determined by federal regulations or the
26 Secretary of State; or any combination of vehicles with

09800SB1757sam001- 36 -LRB098 08452 MLW 42428 a
1 a GCWR of 26,001 pounds or more, provided the GVWR of
2 any vehicle or vehicles being towed is 10,001 pounds or
3 more; or
4 (i-5) has a gross vehicle weight rating or gross
5 vehicle weight of 11,794 or more kilograms (26,001
6 pounds or more), whichever is greater; or
7 (ii) the vehicle is designed to transport 16 or
8 more persons, including the driver; or
9 (iii) the vehicle is of any size and is used in
10 transporting hazardous materials as defined in 49
11 C.F.R. 383.5 and is required to be placarded in
12 accordance with 49 C.F.R. Part 172, subpart F.
13 (B) Pursuant to the interpretation of the Commercial
14 Motor Vehicle Safety Act of 1986 by the Federal Highway
15 Administration, the definition of "commercial motor
16 vehicle" does not include:
17 (i) recreational vehicles, when operated primarily
18 for personal use;
19 (ii) vehicles owned by or operated under the
20 direction of the United States Department of Defense or
21 the United States Coast Guard only when operated by
22 non-civilian personnel. This includes any operator on
23 active military duty; members of the Reserves;
24 National Guard; personnel on part-time training; and
25 National Guard military technicians (civilians who are
26 required to wear military uniforms and are subject to

09800SB1757sam001- 37 -LRB098 08452 MLW 42428 a
1 the Code of Military Justice); or
2 (iii) firefighting, police, and other emergency
3 equipment (including, without limitation, equipment
4 owned or operated by a HazMat or technical rescue team
5 authorized by a county board under Section 5-1127 of
6 the Counties Code), with audible and visual signals,
7 owned or operated by or for a governmental entity,
8 which is necessary to the preservation of life or
9 property or the execution of emergency governmental
10 functions which are normally not subject to general
11 traffic rules and regulations.
12 (7) Controlled Substance. "Controlled substance" shall
13have the same meaning as defined in Section 102 of the Illinois
14Controlled Substances Act, and shall also include cannabis as
15defined in Section 3 of the Cannabis Control Act and
16methamphetamine as defined in Section 10 of the Methamphetamine
17Control and Community Protection Act.
18 (8) Conviction. "Conviction" means an unvacated
19adjudication of guilt or a determination that a person has
20violated or failed to comply with the law in a court of
21original jurisdiction or by an authorized administrative
22tribunal; an unvacated forfeiture of bail or collateral
23deposited to secure the person's appearance in court; a plea of
24guilty or nolo contendere accepted by the court; the payment of
25a fine or court cost regardless of whether the imposition of
26sentence is deferred and ultimately a judgment dismissing the

09800SB1757sam001- 38 -LRB098 08452 MLW 42428 a
1underlying charge is entered; or a violation of a condition of
2release without bail, regardless of whether or not the penalty
3is rebated, suspended or probated.
4 (8.5) Day. "Day" means calendar day.
5 (9) (Blank).
6 (10) (Blank).
7 (11) (Blank).
8 (12) (Blank).
9 (13) Driver. "Driver" means any person who drives,
10operates, or is in physical control of a commercial motor
11vehicle, any person who is required to hold a CDL, or any
12person who is a holder of a CDL while operating a
13non-commercial motor vehicle.
14 (13.5) Driver applicant. "Driver applicant" means an
15individual who applies to a state or other jurisdiction to
16obtain, transfer, upgrade, or renew a CDL or to obtain or renew
17a CLP.
18 (13.8) Electronic device. "Electronic device" includes,
19but is not limited to, a cellular telephone, personal digital
20assistant, pager, computer, or any other device used to input,
21write, send, receive, or read text.
22 (14) Employee. "Employee" means a person who is employed as
23a commercial motor vehicle driver. A person who is
24self-employed as a commercial motor vehicle driver must comply
25with the requirements of this UCDLA pertaining to employees. An
26owner-operator on a long-term lease shall be considered an

09800SB1757sam001- 39 -LRB098 08452 MLW 42428 a
1employee.
2 (15) Employer. "Employer" means a person (including the
3United States, a State or a local authority) who owns or leases
4a commercial motor vehicle or assigns employees to operate such
5a vehicle. A person who is self-employed as a commercial motor
6vehicle driver must comply with the requirements of this UCDLA.
7 (15.1) Endorsement. "Endorsement" means an authorization
8to an individual's CLP or CDL required to permit the individual
9to operate certain types of commercial motor vehicles.
10 (15.3) Excepted interstate. "Excepted interstate" means a
11person who operates or expects to operate in interstate
12commerce, but engages exclusively in transportation or
13operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
14398.3 from all or part of the qualification requirements of 49
15C.F.R. Part 391 and is not required to obtain a medical
16examiner's certificate by 49 C.F.R. 391.45.
17 (15.5) Excepted intrastate. "Excepted intrastate" means a
18person who operates in intrastate commerce but engages
19exclusively in transportation or operations excepted from all
20or parts of the state driver qualification requirements.
21 (16) (Blank).
22 (16.5) Fatality. "Fatality" means the death of a person as
23a result of a motor vehicle accident.
24 (17) Foreign jurisdiction. "Foreign jurisdiction" means a
25sovereign jurisdiction that does not fall within the definition
26of "State".

09800SB1757sam001- 40 -LRB098 08452 MLW 42428 a
1 (18) (Blank).
2 (19) (Blank).
3 (20) Hazardous materials. "Hazardous Material" means any
4material that has been designated under 49 U.S.C. 5103 and is
5required to be placarded under subpart F of 49 C.F.R. part 172
6or any quantity of a material listed as a select agent or toxin
7in 42 C.F.R. part 73.
8 (20.5) Imminent Hazard. "Imminent hazard" means the
9existence of a condition relating to hazardous material that
10presents a substantial likelihood that death, serious illness,
11severe personal injury, or a substantial endangerment to
12health, property, or the environment may occur before the
13reasonably foreseeable completion date of a formal proceeding
14begun to lessen the risk of that death, illness, injury or
15endangerment.
16 (20.6) Issuance. "Issuance" means initial issuance,
17transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
18CLP or CDL.
19 (20.7) Issue. "Issue" means initial issuance, transfer,
20renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
21non-domiciled CDL.
22 (21) Long-term lease. "Long-term lease" means a lease of a
23commercial motor vehicle by the owner-lessor to a lessee, for a
24period of more than 29 days.
25 (21.01) Manual transmission. "Manual transmission" means a
26transmission utilizing a driver-operated clutch that is

09800SB1757sam001- 41 -LRB098 08452 MLW 42428 a
1activated by a pedal or lever and a gear-shift mechanism
2operated either by hand or foot including those known as a
3stick shift, stick, straight drive, or standard transmission.
4All other transmissions, whether semi-automatic or automatic,
5shall be considered automatic for the purposes of the
6standardized restriction code.
7 (21.1) Medical examiner. "Medical examiner" means a person
8who is licensed, certified, or registered in accordance with
9applicable state laws and regulations to perform physical
10examinations. The term includes but is not limited to doctors
11of medicine, doctors of osteopathy, physician assistants,
12advanced practice nurses, and doctors of chiropractic.
13 (21.2) Medical examiner's certificate. "Medical examiner's
14certificate" means a document prescribed or approved by the
15Secretary of State that is issued by a medical examiner to a
16driver to medically qualify him or her to drive.
17 (21.5) Medical variance. "Medical variance" means a driver
18has received one of the following from the Federal Motor
19Carrier Safety Administration which allows the driver to be
20issued a medical certificate: (1) an exemption letter
21permitting operation of a commercial motor vehicle pursuant to
2249 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
23skill performance evaluation (SPE) certificate permitting
24operation of a commercial motor vehicle pursuant to 49 C.F.R.
25391.49.
26 (21.7) Mobile telephone. "Mobile telephone" means a mobile

09800SB1757sam001- 42 -LRB098 08452 MLW 42428 a
1communication device that falls under or uses any commercial
2mobile radio service, as defined in regulations of the Federal
3Communications Commission, 47 CFR 20.3. It does not include
4two-way or citizens band radio services.
5 (22) Motor Vehicle. "Motor vehicle" means every vehicle
6which is self-propelled, and every vehicle which is propelled
7by electric power obtained from over head trolley wires but not
8operated upon rails, except vehicles moved solely by human
9power and motorized wheel chairs.
10 (22.2) Motor vehicle record. "Motor vehicle record" means a
11report of the driving status and history of a driver generated
12from the driver record provided to users, such as drivers or
13employers, and is subject to the provisions of the Driver
14Privacy Protection Act, 18 U.S.C. 2721-2725.
15 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
16combination of motor vehicles not defined by the term
17"commercial motor vehicle" or "CMV" in this Section.
18 (22.7) Non-excepted interstate. "Non-excepted interstate"
19means a person who operates or expects to operate in interstate
20commerce, is subject to and meets the qualification
21requirements under 49 C.F.R. Part 391, and is required to
22obtain a medical examiner's certificate by 49 C.F.R. 391.45.
23 (22.8) Non-excepted intrastate. "Non-excepted intrastate"
24means a person who operates only in intrastate commerce and is
25subject to State driver qualification requirements.
26 (23) Non-domiciled CLP or Non-domiciled Non-resident CDL.

09800SB1757sam001- 43 -LRB098 08452 MLW 42428 a
1"Non-domiciled CLP" or "Non-domiciled Non-resident CDL" means
2a CLP or CDL, respectively, commercial driver's license issued
3by a state or other jurisdiction under either of the following
4two conditions:
5 (i) to an individual domiciled in a foreign country
6 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
7 of the Federal Motor Carrier Safety Administration.
8 (ii) to an individual domiciled in another state
9 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
10 of the Federal Motor Carrier Safety Administration.
11 (24) (Blank).
12 (25) (Blank).
13 (25.5) Railroad-Highway Grade Crossing Violation.
14"Railroad-highway grade crossing violation" means a violation,
15while operating a commercial motor vehicle, of any of the
16following:
17 (A) Section 11-1201, 11-1202, or 11-1425 of this
18 Code.
19 (B) Any other similar law or local ordinance of any
20 state relating to railroad-highway grade crossing.
21 (25.7) School Bus. "School bus" means a commercial motor
22vehicle used to transport pre-primary, primary, or secondary
23school students from home to school, from school to home, or to
24and from school-sponsored events. "School bus" does not include
25a bus used as a common carrier.
26 (26) Serious Traffic Violation. "Serious traffic

09800SB1757sam001- 44 -LRB098 08452 MLW 42428 a
1violation" means:
2 (A) a conviction when operating a commercial motor
3 vehicle, or when operating a non-CMV while holding a CLP or
4 CDL, of:
5 (i) a violation relating to excessive speeding,
6 involving a single speeding charge of 15 miles per hour
7 or more above the legal speed limit; or
8 (ii) a violation relating to reckless driving; or
9 (iii) a violation of any State law or local
10 ordinance relating to motor vehicle traffic control
11 (other than parking violations) arising in connection
12 with a fatal traffic accident; or
13 (iv) a violation of Section 6-501, relating to
14 having multiple driver's licenses; or
15 (v) a violation of paragraph (a) of Section 6-507,
16 relating to the requirement to have a valid CDL; or
17 (vi) a violation relating to improper or erratic
18 traffic lane changes; or
19 (vii) a violation relating to following another
20 vehicle too closely; or
21 (viii) a violation relating to texting while
22 driving; or
23 (ix) a violation relating to the use of a hand-held
24 mobile telephone while driving; or
25 (B) any other similar violation of a law or local
26 ordinance of any state relating to motor vehicle traffic

09800SB1757sam001- 45 -LRB098 08452 MLW 42428 a
1 control, other than a parking violation, which the
2 Secretary of State determines by administrative rule to be
3 serious.
4 (27) State. "State" means a state of the United States, the
5District of Columbia and any province or territory of Canada.
6 (28) (Blank).
7 (29) (Blank).
8 (30) (Blank).
9 (31) (Blank).
10 (32) Texting. "Texting" means manually entering
11alphanumeric text into, or reading text from, an electronic
12device.
13 (1) Texting includes, but is not limited to, short
14 message service, emailing, instant messaging, a command or
15 request to access a World Wide Web page, pressing more than
16 a single button to initiate or terminate a voice
17 communication using a mobile telephone, or engaging in any
18 other form of electronic text retrieval or entry for
19 present or future communication.
20 (2) Texting does not include:
21 (i) inputting, selecting, or reading information
22 on a global positioning system or navigation system; or
23 (ii) pressing a single button to initiate or
24 terminate a voice communication using a mobile
25 telephone; or
26 (iii) using a device capable of performing

09800SB1757sam001- 46 -LRB098 08452 MLW 42428 a
1 multiple functions (for example, a fleet management
2 system, dispatching device, smart phone, citizens band
3 radio, or music player) for a purpose that is not
4 otherwise prohibited by Part 392 of the Federal Motor
5 Carrier Safety Regulations.
6 (32.3) Third party skills test examiner. "Third party
7skills test examiner" means a person employed by a third party
8tester who is authorized by the State to administer the CDL
9skills tests specified in 49 C.F.R. Part 383, subparts G and H.
10 (32.5) Third party tester. "Third party tester" means a
11person (including, but not limited to, another state, a motor
12carrier, a private driver training facility or other private
13institution, or a department, agency, or instrumentality of a
14local government) authorized by the State to employ skills test
15examiners to administer the CDL skills tests specified in 49
16C.F.R. Part 383, subparts G and H.
17 (32.7) United States. "United States" means the 50 states
18and the District of Columbia.
19 (33) Use a hand-held mobile telephone. "Use a hand-held
20mobile telephone" means:
21 (1) using at least one hand to hold a mobile telephone
22 to conduct a voice communication;
23 (2) dialing or answering a mobile telephone by pressing
24 more than a single button; or
25 (3) reaching for a mobile telephone in a manner that
26 requires a driver to maneuver so that he or she is no

09800SB1757sam001- 47 -LRB098 08452 MLW 42428 a
1 longer in a seated driving position, restrained by a seat
2 belt that is installed in accordance with 49 CFR 393.93 and
3 adjusted in accordance with the vehicle manufacturer's
4 instructions.
5(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
6eff. 1-1-13; revised 8-3-12.)
7 (625 ILCS 5/6-502) (from Ch. 95 1/2, par. 6-502)
8 Sec. 6-502. Commercial motor vehicle drivers - reporting of
9traffic violations to the Secretary of State. When required by
10the Commercial Motor Vehicle Safety Act of 1986, every person
11who has been issued an Illinois non-domiciled non-resident CLP
12or non-domiciled CDL or who is a domiciliary of this State and
13drives a commercial motor vehicle in violation of a law or
14local ordinance of any State relating to motor vehicle traffic
15control (other than parking violations) in any other state,
16shall notify the Secretary of State, on a form and in a manner
17prescribed by the Secretary, of such violation within 30 days
18after the date such person has been convicted of such offense.
19(Source: P.A. 86-845.)
20 (625 ILCS 5/6-503) (from Ch. 95 1/2, par. 6-503)
21 Sec. 6-503. Commercial motor vehicle drivers - reporting of
22traffic violations to employer. Every person who is a
23domiciliary of this State or who has been issued an Illinois
24non-domiciled non-resident CLP or non-domiciled CDL and drives

09800SB1757sam001- 48 -LRB098 08452 MLW 42428 a
1a commercial motor vehicle in violation of a law or local
2ordinance of any State relating to motor vehicle traffic
3control (other than parking violations) in this or any other
4state, shall notify such person's employer of such violation
5within 30 days after the date such person is convicted of such
6offense.
7 In the event such person is a "common carrier of property
8by motor vehicle", as defined in Section 18c-1104 of this Code,
9such person shall notify the principal lessor of such within 30
10days after the date such person is convicted of the violation.
11However, if such person is an independent contractor or owner
12operator, such report shall be kept at the principal place of
13business and available during normal office hours for
14inspection and auditing purposes by an authorized agency.
15(Source: P.A. 86-845.)
16 (625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
17 Sec. 6-506. Commercial motor vehicle driver -
18employer/owner responsibilities.
19 (a) No employer or commercial motor vehicle owner shall
20knowingly allow, permit, authorize, or require an employee to
21drive a commercial motor vehicle on the highways during any
22period in which such employee:
23 (1) has a driver's license suspended, revoked or
24 cancelled by any state; or
25 (2) has lost the privilege to drive a commercial motor

09800SB1757sam001- 49 -LRB098 08452 MLW 42428 a
1 vehicle in any state; or
2 (3) has been disqualified from driving a commercial
3 motor vehicle; or
4 (4) has more than one CLP or CDL driver's license,
5 except as provided by this UCDLA; or
6 (5) is subject to or in violation of an
7 "out-of-service" order; or .
8 (6) does not have a current CLP or CDL or a CLP or CDL
9 with the proper class or endorsements. An employer may not
10 use a driver to operate a CMV who violates any restriction
11 on the driver's CLP or CDL.
12 (b) No employer or commercial motor vehicle owner shall
13knowingly allow, permit, authorize, or require a driver to
14operate a commercial motor vehicle in violation of any law or
15regulation pertaining to railroad-highway grade crossings.
16 (b-3) No employer or commercial motor vehicle owner shall
17knowingly allow, permit, authorize, or require a driver to
18operate a commercial motor vehicle during any period in which
19the commercial motor vehicle is subject to an "out-of-service"
20order.
21 (b-5) No employer or commercial motor vehicle owner shall
22knowingly allow, permit, authorize, or require a driver to
23operate a commercial motor vehicle during any period in which
24the motor carrier operation is subject to an "out-of-service"
25order.
26 (c) Any employer convicted of violating subsection (a),

09800SB1757sam001- 50 -LRB098 08452 MLW 42428 a
1(b-3), or (b-5) of this Section, whether individually or in
2connection with one or more other persons, or as principal
3agent, or accessory, shall be guilty of a Class A misdemeanor.
4(Source: P.A. 95-382, eff. 8-23-07.)
5 (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
6 Sec. 6-507. Commercial Driver's License (CDL) or
7Commercial Learner's Permit (CLP) Required.
8 (a) Except as expressly permitted by this UCDLA, or when
9driving pursuant to the issuance of a commercial learner's
10driver instruction permit and accompanied by the holder of a
11CDL valid for the vehicle being driven; no person shall drive a
12commercial motor vehicle on the highways without:
13 (1) a CDL in the driver's possession;
14 (2) having obtained a CLP or CDL;
15 (3) the proper class of CLP or CDL or endorsements or
16 both for the specific vehicle group being operated or for
17 the passengers or type of cargo being transported; or
18 (4) a copy of a medical variance document, if one
19 exists, such as an exemption letter or a skill performance
20 evaluation certificate.
21 (a-5) A CLP or CDL holder whose CLP or CDL is held by this
22State or any other state in the course of enforcement of a
23motor vehicle traffic code and who has not been convicted of a
24disqualifying offense under 49 C.F.R. 383.51 based on this
25enforcement, may drive a CMV while holding a dated receipt for

09800SB1757sam001- 51 -LRB098 08452 MLW 42428 a
1the CLP or CDL.
2 (b) Except as otherwise provided by this Code, no person
3may drive a commercial motor vehicle on the highways while such
4person's driving privilege, license, or permit is:
5 (1) Suspended, revoked, cancelled, or subject to
6 disqualification. Any person convicted of violating this
7 provision or a similar provision of this or any other state
8 shall have their driving privileges revoked under
9 paragraph 12 of subsection (a) of Section 6-205 of this
10 Code.
11 (2) Subject to or in violation of an "out-of-service"
12 order. Any person who has been issued a CLP or CDL and is
13 convicted of violating this provision or a similar
14 provision of any other state shall be disqualified from
15 operating a commercial motor vehicle under subsection (i)
16 of Section 6-514 of this Code.
17 (3) Subject to or in violation of a driver or vehicle
18 "out of service" order while operating a vehicle designed
19 to transport 16 or more passengers, including the driver,
20 or transporting hazardous materials required to be
21 placarded. Any person who has been issued a CLP or CDL and
22 is convicted of violating this provision or a similar
23 provision of this or any other state shall be disqualified
24 from operating a commercial motor vehicle under subsection
25 (i) of Section 6-514 of this Code.
26 (b-3) Except as otherwise provided by this Code, no person

09800SB1757sam001- 52 -LRB098 08452 MLW 42428 a
1may drive a commercial motor vehicle on the highways during a
2period which the commercial motor vehicle or the motor carrier
3operation is subject to an "out-of-service" order. Any person
4who is convicted of violating this provision or a similar
5provision of any other state shall be disqualified from
6operating a commercial motor vehicle under subsection (i) of
7Section 6-514 of this Code.
8 (b-5) Except as otherwise provided by this Code, no person
9may operate a vehicle designed to transport 16 or more
10passengers including the driver or hazardous materials of a
11type or quantity that requires the vehicle to be placarded
12during a period in which the commercial motor vehicle or the
13motor carrier operation is subject to an "out-of-service"
14order. Any person who is convicted of violating this provision
15or a similar provision of any other state shall be disqualified
16from operating a commercial motor vehicle under subsection (i)
17of Section 6-514 of this Code.
18 (c) Pursuant to the options provided to the States by FHWA
19Docket No. MC-88-8, the driver of any motor vehicle controlled
20or operated by or for a farmer is waived from the requirements
21of this Section, when such motor vehicle is being used to
22transport: agricultural products; implements of husbandry; or
23farm supplies; to and from a farm, as long as such movement is
24not over 150 air miles from the originating farm. This waiver
25does not apply to the driver of any motor vehicle being used in
26a common or contract carrier type operation. However, for those

09800SB1757sam001- 53 -LRB098 08452 MLW 42428 a
1drivers of any truck-tractor semitrailer combination or
2combinations registered under subsection (c) of Section 3-815
3of this Code, this waiver shall apply only when the driver is a
4farmer or a member of the farmer's family and the driver is 21
5years of age or more and has successfully completed any tests
6the Secretary of State deems necessary.
7 In addition, the farmer or a member of the farmer's family
8who operates a truck-tractor semitrailer combination or
9combinations pursuant to this waiver shall be granted all of
10the rights and shall be subject to all of the duties and
11restrictions with respect to Sections 6-514 and 6-515 of this
12Code applicable to the driver who possesses a commercial
13driver's license issued under this Code, except that the driver
14shall not be subject to any additional duties or restrictions
15contained in Part 382 of the Federal Motor Carrier Safety
16Regulations that are not otherwise imposed under Section 6-514
17or 6-515 of this Code.
18 For purposes of this subsection (c), a member of the
19farmer's family is a natural or in-law spouse, child, parent,
20or sibling.
21 (c-5) An employee of a township or road district with a
22population of less than 3,000 operating a vehicle within the
23boundaries of the township or road district for the purpose of
24removing snow or ice from a roadway by plowing, sanding, or
25salting is waived from the requirements of this Section when
26the employee is needed to operate the vehicle because the

09800SB1757sam001- 54 -LRB098 08452 MLW 42428 a
1employee of the township or road district who ordinarily
2operates the vehicle and who has a commercial driver's license
3is unable to operate the vehicle or is in need of additional
4assistance due to a snow emergency.
5 (c-10) A driver of a commercial motor vehicle used
6primarily in the transportation of propane winter heating fuel
7or a driver of a motor vehicle used to respond to a pipeline
8emergency is waived from the requirements of this Section if
9such requirements would prevent the driver from responding to
10an emergency condition requiring immediate response as defined
11in 49 C.F.R. Part 390.5.
12 (d) Any person convicted of violating this Section, shall
13be guilty of a Class A misdemeanor.
14 (e) Any person convicted of violating paragraph (1) of
15subsection (b) of this Section, shall have all driving
16privileges revoked by the Secretary of State.
17 (f) This Section shall not apply to:
18 (1) A person who currently holds a valid Illinois
19 driver's license, for the type of vehicle being operated,
20 until the expiration of such license or April 1, 1992,
21 whichever is earlier; or
22 (2) A non-Illinois domiciliary who is properly
23 licensed in another State, until April 1, 1992. A
24 non-Illinois domiciliary, if such domiciliary is properly
25 licensed in another State or foreign jurisdiction, until
26 April 1, 1992.

09800SB1757sam001- 55 -LRB098 08452 MLW 42428 a
1(Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229,
2eff. 7-28-11; 97-813, eff. 7-13-12.)
3 (625 ILCS 5/6-507.5 new)
4 Sec. 6-507.5. Application for Commercial Learner's Permit
5(CLP).
6 (a) The application for a CLP must include, but is not
7limited to, the following:
8 (1) the driver applicant's full legal name and current
9 Illinois domiciliary address, unless the driver applicant
10 is from a foreign country and is applying for a
11 non-domiciled CLP in which case the driver applicant shall
12 submit proof of Illinois residency or the driver applicant
13 is from another state and is applying for a non-domiciled
14 CLP in which case the driver applicant shall submit proof
15 of domicile in the state which issued the driver
16 applicant's Non-CDL;
17 (2) a physical description of the driver applicant
18 including gender, height, weight, color of eyes, and hair
19 color;
20 (3) date of birth;
21 (4) the driver applicant's social security number;
22 (5) the driver applicant's signature;
23 (6) the names of all states where the driver applicant
24 has previously been licensed to drive any type of motor
25 vehicle during the previous 10 years under 49 C.F.R. Part

09800SB1757sam001- 56 -LRB098 08452 MLW 42428 a
1 383;
2 (7) proof of citizenship or lawful permanent residency
3 as set forth in Table 1 of 49 C.F.R. 383.71, unless the
4 driver applicant is from a foreign country and is applying
5 for a non-domiciled CLP, in which case the applicant must
6 provide an unexpired employment authorization document
7 (EAD) issued by USCIS or an unexpired foreign passport
8 accompanied by an approved I-94 form documenting the
9 applicant's most recent admittance into the United States;
10 and
11 (8) any other information required by the Secretary of
12 State.
13 (b) No CLP shall be issued to a driver applicant unless the
14applicant has taken and passed a general knowledge test that
15meets the federal standards contained in 49 C.F.R. Part 383,
16subparts F, G, and H for the commercial motor vehicle the
17applicant expects to operate.
18 (c) No CLP shall be issued to a driver applicant unless the
19applicant possesses a valid Illinois driver's license or if the
20applicant is applying for a non-domiciled CLP under subsection
21(b) of Section 6-509 of this Code, in which case the driver
22applicant must possess a valid driver's license from his or her
23state of domicile.
24 (d) No CLP shall be issued to a person under 18 years of
25age.
26 (e) No person shall be issued a CLP unless the person

09800SB1757sam001- 57 -LRB098 08452 MLW 42428 a
1certifies to the Secretary one of the following types of
2driving operations in which he or she will be engaged:
3 (1) non-excepted interstate;
4 (2) non-excepted intrastate;
5 (3) excepted interstate; or
6 (4) excepted intrastate.
7 (f) No person shall be issued a CLP unless the person
8certifies to the Secretary that he or she is not subject to any
9disqualification under 49 C.F.R. 383.51, or any license
10disqualification under State law, and that he or she does not
11have a driver's license from more than one state or
12jurisdiction.
13 (g) No CLP shall be issued to a person while the person is
14subject to a disqualification from driving a commercial motor
15vehicle, unless otherwise permitted by this Code, while the
16person's driver's license is suspended, revoked, or cancelled
17in any state, or any territory or province of Canada; nor may a
18CLP be issued to a person who has a CLP or CDL issued by any
19other state or foreign jurisdiction, unless the person
20surrenders all of these licenses. No CLP shall be issued to or
21renewed for a person who does not meet the requirement of 49
22C.F.R. 391.41(b)(11). The requirement may be met with the aid
23of a hearing aid.
24 (h) No CLP with a Passenger, School Bus or Tank Vehicle
25endorsement shall be issued to a person unless the driver
26applicant has taken and passed the knowledge test for each

09800SB1757sam001- 58 -LRB098 08452 MLW 42428 a
1endorsement.
2 (1) A CLP holder with a Passenger (P) endorsement is
3 prohibited from operating a CMV carrying passengers, other
4 than federal or State auditors and inspectors, test
5 examiners, or other trainees, and the CDL holder
6 accompanying the CLP holder as prescribed by subsection (a)
7 of Section 6-507 of this Code. The P endorsement must be
8 class specific.
9 (2) A CLP holder with a School Bus (S) endorsement is
10 prohibited from operating a school bus with passengers
11 other than federal or State auditors and inspectors, test
12 examiners, or other trainees, and the CDL holder
13 accompanying the CLP holder as prescribed by subsection (a)
14 of Section 6-507 of this Code.
15 (3) A CLP holder with a Tank Vehicle (N) endorsement
16 may only operate an empty tank vehicle and is prohibited
17 from operating any tank vehicle that previously contained
18 hazardous material that has not been purged of all residue.
19 (4) All other federal endorsements are prohibited on a
20 CLP.
21 (i) No CLP holder may operate a commercial motor vehicle
22transporting hazardous material as defined in paragraph (20) of
23Section 6-500 of this Code.
24 (j) The CLP holder must be accompanied by the holder of a
25valid CDL who has the proper CDL group and endorsement
26necessary to operate the CMV. The CDL holder must at all times

09800SB1757sam001- 59 -LRB098 08452 MLW 42428 a
1be physically present in the front seat of the vehicle next to
2the CLP holder or, in the case of a passenger vehicle, directly
3behind or in the first row behind the driver and must have the
4CLP holder under observation and direct supervision.
5 (k) A CLP is valid for 180 days from the date of issuance.
6A CLP may be renewed for an additional 180 days without
7requiring the CLP holder to retake the general and endorsement
8knowledge tests.
9 (l) A CLP issued prior to July 1, 2014 for a limited time
10period according to state requirements, shall be considered a
11valid commercial driver's license for purposes of
12behind-the-wheel training on public roads or highways.
13 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
14 Sec. 6-508. Commercial Driver's License (CDL) -
15qualification standards.
16 (a) Testing.
17 (1) General. No person shall be issued an original or
18 renewal CDL unless that person is domiciled in this State
19 or is applying for a non-domiciled CDL under Sections 6-509
20 and 6-510 of this Code. The Secretary shall cause to be
21 administered such tests as the Secretary deems necessary to
22 meet the requirements of 49 C.F.R. Part 383, subparts F, G,
23 H, and J.
24 (1.5) Effective July 1, 2014, no person shall be issued
25 an original CDL or an upgraded CDL that requires a skills

09800SB1757sam001- 60 -LRB098 08452 MLW 42428 a
1 test unless that person has held a CLP, for a minimum of 14
2 calendar days, for the classification of vehicle and
3 endorsement, if any, for which the person is seeking a CDL.
4 (2) Third party testing. The Secretary of state may
5 authorize a "third party tester", pursuant to 49 C.F.R.
6 Part 383.75 and 49 C.F.R. 384.228 and 384.229, to
7 administer the skills test or tests specified by Federal
8 Motor Carrier Safety Administration pursuant to the
9 Commercial Motor Vehicle Safety Act of 1986 and any
10 appropriate federal rule.
11 (b) Waiver of Skills Test. The Secretary of State may waive
12the skills test specified in this Section for a driver
13applicant for a commercial driver license who meets the
14requirements of 49 C.F.R. Part 383.77 and Part 383.123.
15 (b-1) No person shall be issued a commercial driver
16instruction permit or CDL unless the person certifies to the
17Secretary one of the following types of driving operations in
18which he or she will be engaged:
19 (1) non-excepted interstate;
20 (2) non-excepted intrastate;
21 (3) excepted interstate; or
22 (4) excepted intrastate.
23 (b-2) (Blank). Persons who hold a commercial driver
24instruction permit or CDL on January 30, 2012 must certify to
25the Secretary no later than January 30, 2014 one of the
26following applicable self-certifications:

09800SB1757sam001- 61 -LRB098 08452 MLW 42428 a
1 (1) non-excepted interstate;
2 (2) non-excepted intrastate;
3 (3) excepted interstate; or
4 (4) excepted intrastate.
5 (c) Limitations on issuance of a CDL. A CDL, or a
6commercial driver instruction permit, shall not be issued to a
7person while the person is subject to a disqualification from
8driving a commercial motor vehicle, or unless otherwise
9permitted by this Code, while the person's driver's license is
10suspended, revoked or cancelled in any state, or any territory
11or province of Canada; nor may a CLP or CDL be issued to a
12person who has a CLP or CDL issued by any other state, or
13foreign jurisdiction, nor may a CDL be issued to a person who
14has an Illinois CLP unless the person first surrenders all of
15these such licenses or permits. However, a person may hold an
16Illinois CLP and an Illinois CDL providing the CLP is necessary
17to train or practice for an endorsement or vehicle
18classification not present on the current CDL. No CDL shall be
19issued to or renewed for a person who does not meet the
20requirement of 49 CFR 391.41(b)(11). The requirement may be met
21with the aid of a hearing aid.
22 (c-1) The Secretary may issue a CDL with a school bus
23driver endorsement to allow a person to drive the type of bus
24described in subsection (d-5) of Section 6-104 of this Code.
25The CDL with a school bus driver endorsement may be issued only
26to a person meeting the following requirements:

09800SB1757sam001- 62 -LRB098 08452 MLW 42428 a
1 (1) the person has submitted his or her fingerprints to
2 the Department of State Police in the form and manner
3 prescribed by the Department of State Police. These
4 fingerprints shall be checked against the fingerprint
5 records now and hereafter filed in the Department of State
6 Police and Federal Bureau of Investigation criminal
7 history records databases;
8 (2) the person has passed a written test, administered
9 by the Secretary of State, on charter bus operation,
10 charter bus safety, and certain special traffic laws
11 relating to school buses determined by the Secretary of
12 State to be relevant to charter buses, and submitted to a
13 review of the driver applicant's driving habits by the
14 Secretary of State at the time the written test is given;
15 (3) the person has demonstrated physical fitness to
16 operate school buses by submitting the results of a medical
17 examination, including tests for drug use; and
18 (4) the person has not been convicted of committing or
19 attempting to commit any one or more of the following
20 offenses: (i) those offenses defined in Sections 8-1.2,
21 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
22 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
23 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
24 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
25 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
26 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

09800SB1757sam001- 63 -LRB098 08452 MLW 42428 a
1 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
2 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
3 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
4 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
5 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
6 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
7 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
8 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
9 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
10 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
11 (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
12 (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
13 Section 12-3.05, and in subsection (a) and subsection (b),
14 clause (1), of Section 12-4, and in subsection (A), clauses
15 (a) and (b), of Section 24-3, and those offenses contained
16 in Article 29D of the Criminal Code of 1961 or the Criminal
17 Code of 2012; (ii) those offenses defined in the Cannabis
18 Control Act except those offenses defined in subsections
19 (a) and (b) of Section 4, and subsection (a) of Section 5
20 of the Cannabis Control Act; (iii) those offenses defined
21 in the Illinois Controlled Substances Act; (iv) those
22 offenses defined in the Methamphetamine Control and
23 Community Protection Act; (v) any offense committed or
24 attempted in any other state or against the laws of the
25 United States, which if committed or attempted in this
26 State would be punishable as one or more of the foregoing

09800SB1757sam001- 64 -LRB098 08452 MLW 42428 a
1 offenses; (vi) the offenses defined in Sections 4.1 and 5.1
2 of the Wrongs to Children Act or Section 11-9.1A of the
3 Criminal Code of 1961 or the Criminal Code of 2012; (vii)
4 those offenses defined in Section 6-16 of the Liquor
5 Control Act of 1934; and (viii) those offenses defined in
6 the Methamphetamine Precursor Control Act.
7 The Department of State Police shall charge a fee for
8conducting the criminal history records check, which shall be
9deposited into the State Police Services Fund and may not
10exceed the actual cost of the records check.
11 (c-2) The Secretary shall issue a CDL with a school bus
12endorsement to allow a person to drive a school bus as defined
13in this Section. The CDL shall be issued according to the
14requirements outlined in 49 C.F.R. 383. A person may not
15operate a school bus as defined in this Section without a
16school bus endorsement. The Secretary of State may adopt rules
17consistent with Federal guidelines to implement this
18subsection (c-2).
19 (d) (Blank). Commercial driver instruction permit. A
20commercial driver instruction permit may be issued to any
21person holding a valid Illinois driver's license if such person
22successfully passes such tests as the Secretary determines to
23be necessary. A commercial driver instruction permit shall not
24be issued to a person who does not meet the requirements of 49
25CFR 391.41 (b)(11), except for the renewal of a commercial
26driver instruction permit for a person who possesses a

09800SB1757sam001- 65 -LRB098 08452 MLW 42428 a
1commercial instruction permit prior to the effective date of
2this amendatory Act of 1999.
3(Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1,
4Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff.
57-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109,
6eff. 1-1-13; 97-1150, eff. 1-25-13.)
7 (625 ILCS 5/6-508.1)
8 Sec. 6-508.1. Medical Examiner's Certificate.
9 (a) It shall be unlawful for any person to drive a CMV in
10non-excepted interstate commerce unless the person holds a CLP
11or CDL and is medically certified as physically qualified to do
12so.
13 (b) No person who has certified to non-excepted interstate
14driving as provided in Sections 6-507.5 and Section 6-508 of
15this Code shall be issued a commercial learner's driver
16instruction permit or CDL unless that person presents to the
17Secretary a medical examiner's certificate or has a current
18medical examiner's certificate on the CDLIS driver record.
19 (c) Persons who hold a commercial driver instruction permit
20or CDL on January 30, 2012 who have certified as non-excepted
21interstate as provided in Section 6-508 of this Code must
22provide to the Secretary a medical examiner's certificate no
23later than January 30, 2014.
24 (d) On and after As of January 30, 2014, all persons who
25hold a commercial driver instruction permit or CDL who have

09800SB1757sam001- 66 -LRB098 08452 MLW 42428 a
1certified as non-excepted interstate shall maintain a current
2medical examiner's certificate on file with the Secretary. On
3and after July 1, 2014, all persons issued a CLP who have
4certified as non-excepted interstate shall maintain a current
5medical examiner's certificate on file with the Secretary.
6 (e) Within 10 calendar days of receipt of a medical
7examiner's certificate of a driver who has certified as
8non-excepted interstate, the Secretary shall post the
9following to the CDLIS driver record:
10 (1) the medical examiner's name;
11 (2) the medical examiner's telephone number;
12 (3) the date of issuance of the medical examiner's
13 certificate;
14 (4) the medical examiner's license number and the state
15 that issued it;
16 (5) the medical certification status;
17 (6) the expiration date of the medical examiner's
18 certificate;
19 (7) the existence of any medical variance on the
20 medical examiner's certificate or grandfather provisions;
21 (8) any restrictions noted on the medical examiner's
22 certificate; and
23 (9) the date the medical examiner's certificate
24 information was posted to the CDLIS driver record.
25 (f) Within 10 calendar days of the expiration or rescission
26of the driver's medical examiner's certificate or medical

09800SB1757sam001- 67 -LRB098 08452 MLW 42428 a
1variance or both, the Secretary shall update the medical
2certification status to "not certified".
3 (g) Within 10 calendar days of receipt of information from
4the Federal Motor Carrier Safety Administration regarding
5issuance or renewal of a medical variance, the Secretary shall
6update the CDLIS driver record to include the medical variance
7information provided by the Federal Motor Carrier Safety
8Administration.
9 (h) The Secretary shall notify the driver of his or her
10non-certified status and that his or her CDL will be canceled
11unless the driver submits a current medical examiner's
12certificate or medical variance or changes his or her
13self-certification to driving only in excepted or intrastate
14commerce.
15 (i) Within 60 calendar days of a driver's medical
16certification status becoming non-certified, the Secretary
17shall cancel the CDL.
18(Source: P.A. 97-208, eff. 1-1-12.)
19 (625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
20 Sec. 6-509. Non-domiciled commercial learner's permit and
21non-domiciled Non-resident commercial driver's license.
22 (a) The Secretary of State may issue a non-domiciled CLP or
23non-domiciled non-resident CDL to a domiciliary of a foreign
24jurisdiction if the United States Secretary of Transportation
25has determined that the commercial motor vehicle testing and

09800SB1757sam001- 68 -LRB098 08452 MLW 42428 a
1licensing standards, in that foreign jurisdiction, do not meet
2the testing standards established in 49 C.F.R. Part 383. The
3Secretary of State may also issue a non-resident CDL to an
4individual domiciled in another state while that state is
5prohibited from issuing CDLs in accordance with 49 C.F.R. Part
6384. A non-domiciled CLP or non-domiciled non-resident CDL
7shall be issued in accordance with the testing and licensing
8standards contained in subparts F, G, and H of 49 C.F.R. Part
9383. The word "Non-domiciled" "Non-resident" must appear on the
10face of the non-domiciled CLP or non-domiciled non-resident
11CDL. A driver applicant must surrender any non-domiciled CLP or
12non-domiciled non-resident CDL, license or permit issued by any
13other state.
14 (b) If an individual is domiciled in a state while that
15state is prohibited from issuing CDLs in accordance with 49
16C.F.R. Part 384.405, that individual is eligible to obtain a
17non-domiciled CLP or non-domiciled non-resident CDL from any
18state that elects to issue a non-domiciled CLP or non-domiciled
19non-resident CDL and which complies with the testing and
20licensing standards contained in subparts F, G, and H of 49
21C.F.R. Part 383.23. "Non-domiciled" must appear on the face of
22the non-domiciled CLP or non-domiciled CDL. A driver applicant
23must surrender any non-domiciled CLP or non-domiciled CDL
24issued in any other state.
25(Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)

09800SB1757sam001- 69 -LRB098 08452 MLW 42428 a
1 (625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
2 Sec. 6-510. Application for Commercial Driver's License
3(CDL). The application for a CDL or commercial driver
4instruction permit, must include, but is not necessarily be
5limited to, the following:
6 (1) the driver applicant's full legal name and current
7 Illinois domiciliary address, (unless the driver applicant
8 is from a foreign country and is applying application is
9 for a non-domiciled Non-resident CDL) in which case the
10 driver applicant shall submit proof of Illinois residency
11 or the driver applicant is from another state and is
12 applying for a non-domiciled CDL in which case the driver
13 applicant shall submit proof of domicile in the state which
14 issued the driver applicant's Non-CDL of the driver
15 applicant;
16 (2) a physical description of the driver applicant
17 including gender sex, height, weight, color of eyes, and
18 hair color;
19 (3) date of birth;
20 (4) the driver applicant's social security number;
21 (5) the driver applicant's signature;
22 (6) certifications required by 49 C.F.R. Part 383.71;
23 (6.1) the names of all states where the driver
24 applicant has previously been licensed to drive any type of
25 motor vehicle during the previous 10 years pursuant to 49
26 C.F.R. Part 383; and

09800SB1757sam001- 70 -LRB098 08452 MLW 42428 a
1 (6.2) proof of citizenship or lawful permanent
2 residency as set forth in Table 1 of 49 C.F.R. 383.71,
3 unless the driver applicant is from a foreign country and
4 is applying for a non-domiciled CDL, in which case the
5 applicant must provide an unexpired employment
6 authorization document (EAD) issued by USCIS or an
7 unexpired foreign passport accompanied by an approved I-94
8 form documenting the applicant's most recent admittance
9 into the United States; and
10 (7) any other information required by the Secretary of
11 State.
12(Source: P.A. 97-263, eff. 8-5-11.)
13 (625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
14 Sec. 6-511. Change of legal name or domiciliary address.
15 (a) All persons to whom a CLP or CDL has been issued, shall
16notify the Driver Services Department of the Secretary of
17State's Office within 10 days of any change in domiciliary
18address. In addition, the such person shall make application
19for a corrected CLP or CDL within 30 days after the of any such
20change.
21 (b) Any person to whom a CLP or CDL has been issued whose
22legal name has changed from the name on the previously-issued
23CLP or CDL shall apply for a corrected card within 30 days
24after the change.
25(Source: P.A. 93-895, eff. 1-1-05.)

09800SB1757sam001- 71 -LRB098 08452 MLW 42428 a
1 (625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
2 Sec. 6-512. Unlawful operation of a commercial motor
3vehicle pursuant to a non-Illinois issued CLP or CDL. No
4person, after becoming a domiciliary of this State for 30 days
5or more, shall drive a commercial motor vehicle on the highways
6of this State pursuant to the authority of a CLP or CDL issued
7by any other State or foreign jurisdiction.
8(Source: P.A. 86-845.)
9 (625 ILCS 5/6-512.5 new)
10 Sec. 6-512.5. Commercial Learner's Permit or CLP.
11 (a) The content of the CLP shall include, but is not
12limited to, the following:
13 (1) A CLP shall be distinctly marked "Commercial
14 Learner's Permit" or "CLP" and that it is invalid unless
15 accompanied by the underlying driver's license issued by
16 the State of Illinois;
17 (2) the full legal name and the Illinois domiciliary
18 address (unless it is a non-domiciled CLP) of the person to
19 whom the CLP is issued;
20 (3) a physical description of the person including
21 gender, height, weight, color of eyes, and hair color;
22 (4) date of birth;
23 (5) the Illinois driver's license number assigned by
24 the Secretary of State;

09800SB1757sam001- 72 -LRB098 08452 MLW 42428 a
1 (6) the person's signature;
2 (7) an indicator showing that the CLP was issued by the
3 State of Illinois;
4 (8) the date of issuance and the date of expiration of
5 the CLP;
6 (9) the class or type of commercial vehicle or vehicles
7 which the person is authorized to drive together with any
8 endorsement or restriction.
9 (b) If the CLP is a non-domiciled CLP, it must contain the
10prominent statement that the permit is a "Non-domiciled
11Commercial Learner's Permit" or "Non-domiciled CLP".
12 (c) Applicant Record Check. Prior to issuing, renewing,
13upgrading, or transferring a CLP, the Secretary of State shall
14obtain, review, and maintain upon issuance, renewal, upgrade,
15or transfer the driver applicant's driving record as required
16by 49 C.F.R. Parts 383 and 384 and the United States Secretary
17of Transportation.
18 (d) Notification of Commercial Learner's Permit (CLP)
19Issuance and Self-Certification. Within 10 days after issuing a
20CLP, the Secretary of State must notify the Commercial Driver
21License Information System of that fact, and provide all
22information required to ensure identification of the person.
23The Secretary shall also post the driver's self-certification
24for the type of driving operations to the CDLIS driver record.
25 (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)

09800SB1757sam001- 73 -LRB098 08452 MLW 42428 a
1 Sec. 6-513. Commercial Driver's License or CDL. The content
2of the CDL shall include, but is not necessarily be limited to
3the following:
4 (a) A CDL shall be distinctly marked "Commercial Driver's
5License" or "CDL". It must include, but is not necessarily be
6limited to, the following information:
7 (1) the full legal name and the Illinois domiciliary
8 address (unless it is a non-domiciled Non-resident CDL) of
9 the person to whom the CDL is issued;
10 (2) a the person's color photograph of the person;
11 (3) a physical description of the person including
12 gender sex, height, and may include weight, color of eyes,
13 and hair color;
14 (4) date of birth;
15 (5) a CDL or file number assigned by the Secretary of
16 State;
17 (6) the person's signature;
18 (7) the class or type of commercial vehicle or vehicles
19 which the person is authorized to drive together with any
20 endorsements or restrictions;
21 (8) the name of the issuing state;
22 (9) the issuance and expiration dates of the CDL; and
23 (10) the restriction code "V" if the driver has been
24 issued a medical variance.
25 (a-5) If the CDL is a non-domiciled CDL it must contain the
26prominent statement that the license is a "Non-domiciled

09800SB1757sam001- 74 -LRB098 08452 MLW 42428 a
1Commercial Driver's License" or "Non-domiciled CDL".
2 (b) Applicant Record Check.
3 Prior to issuing, renewing, upgrading, or transferring a
4CDL, the Secretary of State shall obtain, review, and maintain
5upon issuance, renewal, upgrade, or transfer the driver
6applicant's driving record as required by 49 C.F.R. Part 383
7and Part 384 and the United States Secretary of Transportation.
8 (c) Notification of Commercial Driver's License (CDL)
9Issuance and Self-Certification.
10 Within 10 days after issuing a CDL, the Secretary of State
11must notify the Commercial Driver License Information System of
12that fact, and provide all information required to ensure
13identification of the person. The Secretary shall also post the
14driver's self-certification for the type of driving operations
15to the CDLIS driver record.
16 (c-5) Change in driver identification information.
17 Within 10 days of any change of driver identification
18information on any CDL holder, the Secretary of State must
19notify the Commercial Driver License Information System of the
20change.
21 (d) Renewal.
22 Every person applying for a renewal of a CDL must complete
23the appropriate application form required by this Code and any
24other test deemed necessary by the Secretary.
25(Source: P.A. 97-208, eff. 1-1-12.)

09800SB1757sam001- 75 -LRB098 08452 MLW 42428 a
1 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
2 Sec. 6-514. Commercial Driver's License (CDL) -
3Disqualifications.
4 (a) A person shall be disqualified from driving a
5commercial motor vehicle for a period of not less than 12
6months for the first violation of:
7 (1) Refusing to submit to or failure to complete a test
8 or tests to determine the driver's blood concentration of
9 alcohol, other drug, or both, while driving a commercial
10 motor vehicle or, if the driver is a CLP or CDL holder,
11 while driving a non-CMV; or
12 (2) Operating a commercial motor vehicle while the
13 alcohol concentration of the person's blood, breath or
14 urine is at least 0.04, or any amount of a drug, substance,
15 or compound in the person's blood or urine resulting from
16 the unlawful use or consumption of cannabis listed in the
17 Cannabis Control Act, a controlled substance listed in the
18 Illinois Controlled Substances Act, or methamphetamine as
19 listed in the Methamphetamine Control and Community
20 Protection Act as indicated by a police officer's sworn
21 report or other verified evidence; or operating a
22 non-commercial motor vehicle while the alcohol
23 concentration of the person's blood, breath, or urine was
24 above the legal limit defined in Section 11-501.1 or
25 11-501.8 or any amount of a drug, substance, or compound in
26 the person's blood or urine resulting from the unlawful use

09800SB1757sam001- 76 -LRB098 08452 MLW 42428 a
1 or consumption of cannabis listed in the Cannabis Control
2 Act, a controlled substance listed in the Illinois
3 Controlled Substances Act, or methamphetamine as listed in
4 the Methamphetamine Control and Community Protection Act
5 as indicated by a police officer's sworn report or other
6 verified evidence while holding a CLP or CDL commercial
7 driver's license; or
8 (3) Conviction for a first violation of:
9 (i) Driving a commercial motor vehicle or, if the
10 driver is a CLP or CDL holder, driving a non-CMV while
11 under the influence of alcohol, or any other drug, or
12 combination of drugs to a degree which renders such
13 person incapable of safely driving; or
14 (ii) Knowingly leaving the scene of an accident
15 while operating a commercial motor vehicle or, if the
16 driver is a CLP or CDL holder, while driving a non-CMV;
17 or
18 (iii) Driving a commercial motor vehicle or, if the
19 driver is a CLP or CDL holder, driving a non-CMV while
20 committing any felony; or
21 (iv) Driving a commercial motor vehicle while the
22 person's driving privileges or driver's license or
23 permit is revoked, suspended, or cancelled or the
24 driver is disqualified from operating a commercial
25 motor vehicle; or
26 (v) Causing a fatality through the negligent

09800SB1757sam001- 77 -LRB098 08452 MLW 42428 a
1 operation of a commercial motor vehicle, including but
2 not limited to the crimes of motor vehicle
3 manslaughter, homicide by a motor vehicle, and
4 negligent homicide.
5 As used in this subdivision (a)(3)(v), "motor
6 vehicle manslaughter" means the offense of involuntary
7 manslaughter if committed by means of a vehicle;
8 "homicide by a motor vehicle" means the offense of
9 first degree murder or second degree murder, if either
10 offense is committed by means of a vehicle; and
11 "negligent homicide" means reckless homicide under
12 Section 9-3 of the Criminal Code of 1961 or the
13 Criminal Code of 2012 and aggravated driving under the
14 influence of alcohol, other drug or drugs,
15 intoxicating compound or compounds, or any combination
16 thereof under subdivision (d)(1)(F) of Section 11-501
17 of this Code.
18 If any of the above violations or refusals occurred
19 while transporting hazardous material(s) required to be
20 placarded, the person shall be disqualified for a period of
21 not less than 3 years.
22 (b) A person is disqualified for life for a second
23conviction of any of the offenses specified in paragraph (a),
24or any combination of those offenses, arising from 2 or more
25separate incidents.
26 (c) A person is disqualified from driving a commercial

09800SB1757sam001- 78 -LRB098 08452 MLW 42428 a
1motor vehicle for life if the person either (i) uses a
2commercial motor vehicle in the commission of any felony
3involving the manufacture, distribution, or dispensing of a
4controlled substance, or possession with intent to
5manufacture, distribute or dispense a controlled substance or
6(ii) if the person is a CLP or CDL holder, uses a non-CMV in the
7commission of a felony involving any of those activities.
8 (d) The Secretary of State may, when the United States
9Secretary of Transportation so authorizes, issue regulations
10in which a disqualification for life under paragraph (b) may be
11reduced to a period of not less than 10 years. If a reinstated
12driver is subsequently convicted of another disqualifying
13offense, as specified in subsection (a) of this Section, he or
14she shall be permanently disqualified for life and shall be
15ineligible to again apply for a reduction of the lifetime
16disqualification.
17 (e) A person is disqualified from driving a commercial
18motor vehicle for a period of not less than 2 months if
19convicted of 2 serious traffic violations, committed in a
20commercial motor vehicle, non-CMV while holding a CLP or CDL,
21or any combination thereof, arising from separate incidents,
22occurring within a 3 year period, provided the serious traffic
23violation committed in a non-CMV would result in the suspension
24or revocation of the CLP or CDL holder's non-CMV privileges.
25However, a person will be disqualified from driving a
26commercial motor vehicle for a period of not less than 4 months

09800SB1757sam001- 79 -LRB098 08452 MLW 42428 a
1if convicted of 3 serious traffic violations, committed in a
2commercial motor vehicle, non-CMV while holding a CLP or CDL,
3or any combination thereof, arising from separate incidents,
4occurring within a 3 year period, provided the serious traffic
5violation committed in a non-CMV would result in the suspension
6or revocation of the CLP or CDL holder's non-CMV privileges. If
7all the convictions occurred in a non-CMV, the disqualification
8shall be entered only if the convictions would result in the
9suspension or revocation of the CLP or CDL holder's non-CMV
10privileges.
11 (e-1) (Blank).
12 (f) Notwithstanding any other provision of this Code, any
13driver disqualified from operating a commercial motor vehicle,
14pursuant to this UCDLA, shall not be eligible for restoration
15of commercial driving privileges during any such period of
16disqualification.
17 (g) After suspending, revoking, or cancelling a CLP or CDL
18commercial driver's license, the Secretary of State must update
19the driver's records to reflect such action within 10 days.
20After suspending or revoking the driving privilege of any
21person who has been issued a CLP or CDL or commercial driver
22instruction permit from another jurisdiction, the Secretary
23shall originate notification to such issuing jurisdiction
24within 10 days.
25 (h) The "disqualifications" referred to in this Section
26shall not be imposed upon any commercial motor vehicle driver,

09800SB1757sam001- 80 -LRB098 08452 MLW 42428 a
1by the Secretary of State, unless the prohibited action(s)
2occurred after March 31, 1992.
3 (i) A person is disqualified from driving a commercial
4motor vehicle in accordance with the following:
5 (1) For 6 months upon a first conviction of paragraph
6 (2) of subsection (b) or subsection (b-3) of Section 6-507
7 of this Code.
8 (2) For 2 years upon a second conviction of paragraph
9 (2) of subsection (b) or subsection (b-3) or any
10 combination of paragraphs (2) or (3) of subsection (b) or
11 subsections (b-3) or (b-5) of Section 6-507 of this Code
12 within a 10-year period if the second conviction is a
13 violation of paragraph (2) of subsection (b) or subsection
14 (b-3).
15 (3) For 3 years upon a third or subsequent conviction
16 of paragraph (2) of subsection (b) or subsection (b-3) or
17 any combination of paragraphs (2) or (3) of subsection (b)
18 or subsections (b-3) or (b-5) of Section 6-507 of this Code
19 within a 10-year period if the third or subsequent
20 conviction is a violation of paragraph (2) of subsection
21 (b) or subsection (b-3).
22 (4) For one year upon a first conviction of paragraph
23 (3) of subsection (b) or subsection (b-5) of Section 6-507
24 of this Code.
25 (5) For 3 years upon a second conviction of paragraph
26 (3) of subsection (b) or subsection (b-5) or any

09800SB1757sam001- 81 -LRB098 08452 MLW 42428 a
1 combination of paragraphs (2) or (3) of subsection (b) or
2 subsections (b-3) or (b-5) of Section 6-507 of this Code
3 within a 10-year period if the second conviction is a
4 violation of paragraph (3) of subsection (b) or (b-5).
5 (6) For 5 years upon a third or subsequent conviction
6 of paragraph (3) of subsection (b) or subsection (b-5) or
7 any combination of paragraphs (2) or (3) of subsection (b)
8 or subsections (b-3) or (b-5) of Section 6-507 of this Code
9 within a 10-year period if the third or subsequent
10 conviction is a violation of paragraph (3) of subsection
11 (b) or (b-5).
12 (j) Disqualification for railroad-highway grade crossing
13violation.
14 (1) General rule. A driver who is convicted of a
15 violation of a federal, State, or local law or regulation
16 pertaining to one of the following 6 offenses at a
17 railroad-highway grade crossing must be disqualified from
18 operating a commercial motor vehicle for the period of time
19 specified in paragraph (2) of this subsection (j) if the
20 offense was committed while operating a commercial motor
21 vehicle:
22 (i) For drivers who are not required to always
23 stop, failing to slow down and check that the tracks
24 are clear of an approaching train or railroad track
25 equipment, as described in subsection (a-5) of Section
26 11-1201 of this Code;

09800SB1757sam001- 82 -LRB098 08452 MLW 42428 a
1 (ii) For drivers who are not required to always
2 stop, failing to stop before reaching the crossing, if
3 the tracks are not clear, as described in subsection
4 (a) of Section 11-1201 of this Code;
5 (iii) For drivers who are always required to stop,
6 failing to stop before driving onto the crossing, as
7 described in Section 11-1202 of this Code;
8 (iv) For all drivers, failing to have sufficient
9 space to drive completely through the crossing without
10 stopping, as described in subsection (b) of Section
11 11-1425 of this Code;
12 (v) For all drivers, failing to obey a traffic
13 control device or the directions of an enforcement
14 official at the crossing, as described in subdivision
15 (a)2 of Section 11-1201 of this Code;
16 (vi) For all drivers, failing to negotiate a
17 crossing because of insufficient undercarriage
18 clearance, as described in subsection (d-1) of Section
19 11-1201 of this Code.
20 (2) Duration of disqualification for railroad-highway
21 grade crossing violation.
22 (i) First violation. A driver must be disqualified
23 from operating a commercial motor vehicle for not less
24 than 60 days if the driver is convicted of a violation
25 described in paragraph (1) of this subsection (j) and,
26 in the three-year period preceding the conviction, the

09800SB1757sam001- 83 -LRB098 08452 MLW 42428 a
1 driver had no convictions for a violation described in
2 paragraph (1) of this subsection (j).
3 (ii) Second violation. A driver must be
4 disqualified from operating a commercial motor vehicle
5 for not less than 120 days if the driver is convicted
6 of a violation described in paragraph (1) of this
7 subsection (j) and, in the three-year period preceding
8 the conviction, the driver had one other conviction for
9 a violation described in paragraph (1) of this
10 subsection (j) that was committed in a separate
11 incident.
12 (iii) Third or subsequent violation. A driver must
13 be disqualified from operating a commercial motor
14 vehicle for not less than one year if the driver is
15 convicted of a violation described in paragraph (1) of
16 this subsection (j) and, in the three-year period
17 preceding the conviction, the driver had 2 or more
18 other convictions for violations described in
19 paragraph (1) of this subsection (j) that were
20 committed in separate incidents.
21 (k) Upon notification of a disqualification of a driver's
22commercial motor vehicle privileges imposed by the U.S.
23Department of Transportation, Federal Motor Carrier Safety
24Administration, in accordance with 49 C.F.R. 383.52, the
25Secretary of State shall immediately record to the driving
26record the notice of disqualification and confirm to the driver

09800SB1757sam001- 84 -LRB098 08452 MLW 42428 a
1the action that has been taken.
2(Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10;
396-1244, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1150, eff.
41-25-13.)
5 (625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
6 Sec. 6-518. Notification of Traffic Convictions.
7 (a) Within 5 days after receiving a report of an Illinois
8conviction, or other verified evidence, of any driver who has
9been issued a CLP or CDL by another State, for a violation of
10any law or local ordinance of this State, relating to motor
11vehicle traffic control, other than parking violations,
12committed in any motor vehicle, the Secretary of State must
13notify the driver licensing authority which issued such CLP or
14CDL of said conviction.
15 (b) Within 5 days after receiving a report of an Illinois
16conviction, or other verified evidence, of any driver from
17another state, for a violation of any law or local ordinance of
18this State, relating to motor vehicle traffic control, other
19than parking violations, committed in a commercial motor
20vehicle, the Secretary of State must notify the driver
21licensing authority which issued the person's driver's license
22of the conviction.
23(Source: P.A. 96-1080, eff. 7-16-10.)
24 (625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)

09800SB1757sam001- 85 -LRB098 08452 MLW 42428 a
1 Sec. 6-523. Reciprocity.
2 (a) Notwithstanding any law to the contrary, a person may
3drive a commercial motor vehicle in this State if the such
4person has a valid CDL, non-domiciled CDL, CLP, or
5non-domiciled CLP commercial driver's license or CDL
6instruction permit issued by another State or foreign
7jurisdiction as long as that such person has not been an
8established domiciliary of this State for 30 days or more.
9 (b) The Secretary of State shall give out of state
10convictions full faith and credit and treat them for
11sanctioning purposes, under this UCDLA, just as if they
12occurred in this State.
13 (c) A CLP or CDL issued by this State or any other state
14before the date on and after which the state is prohibited from
15issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid
16until its stated expiration date.
17(Source: P.A. 94-307, eff. 9-30-05.)
18 (625 ILCS 5/6-704) (from Ch. 95 1/2, par. 6-704)
19 Sec. 6-704. Applications for New Licenses.
20 Upon application for a license to drive, the licensing
21authority in a party state shall ascertain whether the
22applicant has ever held, or is the holder of a license to drive
23issued by any other party state. The licensing authority in the
24state where application is made shall not issue a license to
25drive to the applicant if:

09800SB1757sam001- 86 -LRB098 08452 MLW 42428 a
1 1. The applicant has held such a license, but the same has
2been suspended by reason, in whole or in part, of a violation
3and if such suspension period has not terminated.
4 2. The applicant has held such a license, but the same has
5been revoked by reason, in whole or in part, of a violation and
6if such revocation has not terminated, except that after the
7expiration of one year from the date the license was revoked,
8such person may make application for a new license if permitted
9by law. The licensing authority may refuse to issue a license
10to any such applicant if, after investigation, the licensing
11authority determines that it will not be safe to grant to such
12person the privilege of driving a motor vehicle on the public
13highways.
14 3. The applicant is the holder of a license to drive issued
15by another party state and currently in force unless the
16applicant surrenders this such license, except that if an
17applicant is applying only for a non-domiciled commercial
18learner's permit or non-domiciled commercial driver's license,
19the applicant is not required to surrender the license issued
20by the applicant's state or country of domicile.
21(Source: P.A. 76-1615.)
22 (625 ILCS 5/1-111.5 rep.)
23 Section 10. The Illinois Vehicle Code is amended by
24repealing Section 1-111.5.

09800SB1757sam001- 87 -LRB098 08452 MLW 42428 a
1 Section 99. Effective date. This Act takes effect July 1,
22014.".
feedback