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
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
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1757
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1757 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 1-111.6, 1-115.3, 1-204.4, 2-119, 6-101, | ||||||
6 | 6-118, 6-201, 6-204, 6-207, 6-500, 6-502, 6-503, 6-506, 6-507, | ||||||
7 | 6-508, 6-508.1, 6-509, 6-510, 6-511, 6-512, 6-513, 6-514, | ||||||
8 | 6-518, 6-523, and 6-704 and by adding Sections 1-110.1a, | ||||||
9 | 1-111.7a, 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 | ||||||
12 | person required to hold a CDL.
| ||||||
13 | (625 ILCS 5/1-111.6)
| ||||||
14 | Sec. 1-111.6. Commercial driver's license (CDL). A license
| ||||||
15 | issued to an individual by a state or other jurisdiction of |
| |||||||
| |||||||
1 | domicile , in accordance with the standards contained in 49 | ||||||
2 | C.F.R. Part 383,
to an individual which authorizes the | ||||||
3 | individual 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 | ||||||
7 | issued to an individual by a state or other jurisdiction of | ||||||
8 | domicile, in accordance with the standards contained in 49 | ||||||
9 | C.F.R. Part 383, which, when carried with a valid driver's | ||||||
10 | license issued by the same state or jurisdiction of domicile, | ||||||
11 | authorizes the individual to operate a class of commercial | ||||||
12 | motor vehicle when accompanied by a holder of a valid CDL for | ||||||
13 | purposes of behind-the-wheel training. When issued to a CDL | ||||||
14 | holder, a CLP serves as authorization for accompanied | ||||||
15 | behind-the-wheel training in a commercial motor vehicle for | ||||||
16 | which the holder's current CDL is not valid.
| ||||||
17 | (625 ILCS 5/1-115.3)
| ||||||
18 | Sec. 1-115.3. Disqualification. Disqualification means any | ||||||
19 | of the following 3 actions: | ||||||
20 | (a) The suspension, revocation, or cancellation of a CLP or | ||||||
21 | CDL by the State or jurisdiction of issuance. | ||||||
22 | (b) Any withdrawal of a person's privileges to drive a | ||||||
23 | commercial motor vehicle by a State or other jurisdiction as a | ||||||
24 | result of a violation of State or local law relating to motor |
| |||||||
| |||||||
1 | vehicle traffic control (other than parking, vehicle weight or | ||||||
2 | vehicle defect violations). | ||||||
3 | (c) A determination by the Federal Motor Carrier Safety | ||||||
4 | Administration that a person is not qualified to operate a | ||||||
5 | commercial 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 | ||||||
9 | license, such as an automobile driver's license or a motorcycle | ||||||
10 | license.
| ||||||
11 | (625 ILCS 5/1-204.4)
| ||||||
12 | Sec. 1-204.4. Tank vehicle. Any commercial motor vehicle | ||||||
13 | that is designed
to transport any liquid or gaseous material | ||||||
14 | within a tank or tanks having an individual rated capacity of | ||||||
15 | more than 119 gallons and an aggregate rated capacity of 1,000 | ||||||
16 | gallons or more that is either
permanently or temporarily | ||||||
17 | attached to the vehicle or the chassis. A commercial motor | ||||||
18 | vehicle transporting an empty storage container tank, not | ||||||
19 | designed for transportation, with a rated capacity of 1,000 | ||||||
20 | gallons or more that is temporarily attached to a flatbed | ||||||
21 | trailer is not considered a tank vehicle. Those
vehicles | ||||||
22 | include, but are not limited to, cargo tanks and portable | ||||||
23 | tanks, as
defined in 49 C.F.R. Part 171. However, for the | ||||||
24 | purposes of Article V of
Chapter 6 of this Code, this |
| |||||||
| |||||||
1 | definition does not include portable tanks having
a rated | ||||||
2 | capacity 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 | ||||||
7 | deposited in
the Common School Fund in the State Treasury.
| ||||||
8 | (b) Beginning January 1, 1990 and concluding December 31, | ||||||
9 | 1994, of the
money collected for each certificate of title, | ||||||
10 | duplicate certificate of
title and corrected certificate of | ||||||
11 | title, $0.50 shall be deposited into the
Used Tire Management | ||||||
12 | Fund. Beginning January 1, 1990 and concluding
December 31, | ||||||
13 | 1994, of the money collected for each certificate of title,
| ||||||
14 | duplicate certificate of title and corrected certificate of | ||||||
15 | title, $1.50
shall be deposited in the Park and Conservation | ||||||
16 | Fund.
| ||||||
17 | Beginning January 1, 1995, of the money collected for each | ||||||
18 | certificate of
title, duplicate certificate of title and | ||||||
19 | corrected certificate of title, $3.25
shall be deposited in the | ||||||
20 | Park and Conservation Fund. The moneys deposited in
the Park | ||||||
21 | and Conservation Fund pursuant to this Section shall be used | ||||||
22 | for the
acquisition and development of bike paths as provided | ||||||
23 | for in Section 805-420 of
the Department of Natural Resources | ||||||
24 | (Conservation) Law (20 ILCS 805/805-420). The monies deposited | ||||||
25 | into the Park and Conservation Fund under this subsection shall |
| |||||||
| |||||||
1 | not be subject to administrative charges or chargebacks unless | ||||||
2 | otherwise authorized by this Act.
| ||||||
3 | Beginning January 1, 2000, of
the
moneys collected for each | ||||||
4 | certificate of title, duplicate certificate of title,
and | ||||||
5 | corrected certificate of title, $48 shall be deposited into the | ||||||
6 | Road Fund
and $4 shall be deposited into the Motor Vehicle | ||||||
7 | License Plate Fund, except
that if the balance in the Motor | ||||||
8 | Vehicle License Plate Fund exceeds $40,000,000
on the last day | ||||||
9 | of a calendar month, then during the next calendar month the $4
| ||||||
10 | shall instead be deposited into the Road Fund.
| ||||||
11 | Beginning January 1, 2005, of the moneys collected for each | ||||||
12 | delinquent vehicle registration renewal fee, $20 shall be | ||||||
13 | deposited into the General Revenue Fund. | ||||||
14 | Except as otherwise provided in this Code, all remaining | ||||||
15 | moneys collected
for certificates of title, and all moneys | ||||||
16 | collected for filing of security
interests, shall be placed in | ||||||
17 | the General Revenue Fund in the State Treasury.
| ||||||
18 | (c) All moneys collected for that portion of a driver's | ||||||
19 | license fee
designated for driver education under Section 6-118 | ||||||
20 | shall be placed in
the Driver Education Fund in the State | ||||||
21 | Treasury.
| ||||||
22 | (d) Beginning January 1, 1999, of the monies collected as a | ||||||
23 | registration
fee for each motorcycle, motor driven cycle and | ||||||
24 | moped, 27%
of each annual registration fee for such vehicle and | ||||||
25 | 27% of each semiannual
registration fee for such vehicle is | ||||||
26 | deposited in the Cycle Rider Safety
Training Fund.
|
| |||||||
| |||||||
1 | (e) Of the monies received by the Secretary of State as | ||||||
2 | registration
fees or taxes or as payment of any other fee, as | ||||||
3 | provided in this Act, except
fees received by the Secretary | ||||||
4 | under paragraph (7) of subsection (b) of Section
5-101 and | ||||||
5 | Section 5-109 of this Code, 37% shall be deposited into the | ||||||
6 | State
Construction Fund.
| ||||||
7 | (f) Of the total money collected for a commercial learner's | ||||||
8 | permit (CLP) CDL instruction permit or
original or renewal | ||||||
9 | issuance of a commercial driver's license (CDL)
pursuant to the | ||||||
10 | Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the
| ||||||
11 | total fee for an original or renewal CDL, and $6 of the total | ||||||
12 | CLP CDL
instruction permit fee when such permit is issued to | ||||||
13 | any person holding a
valid Illinois driver's license, shall be | ||||||
14 | paid into the CDLIS/AAMVAnet
Trust Fund (Commercial Driver's | ||||||
15 | License Information System/American
Association of Motor | ||||||
16 | Vehicle Administrators network Trust Fund) and shall
be used | ||||||
17 | for the purposes provided in Section 6z-23 of the State Finance | ||||||
18 | Act
and (ii) $20 of the total fee for an original or renewal | ||||||
19 | CDL or CLP commercial
driver instruction permit shall be paid
| ||||||
20 | into the Motor Carrier Safety Inspection Fund, which is hereby | ||||||
21 | created as a
special fund in the State Treasury, to be used by
| ||||||
22 | the Department
of State Police, subject to appropriation, to | ||||||
23 | hire additional officers to
conduct motor carrier safety
| ||||||
24 | inspections
pursuant to Chapter 18b of this Code.
| ||||||
25 | (g) All remaining moneys received by the Secretary of State | ||||||
26 | as
registration fees or taxes or as payment of any other fee, |
| |||||||
| |||||||
1 | as provided in
this Act, except fees received by the Secretary | ||||||
2 | under paragraph (7)(A) of
subsection (b) of Section 5-101 and | ||||||
3 | Section 5-109 of this Code,
shall be deposited in the Road Fund | ||||||
4 | in the State Treasury. Moneys
in the Road Fund shall be used | ||||||
5 | for the purposes provided in
Section 8.3 of the State Finance | ||||||
6 | Act.
| ||||||
7 | (h) (Blank).
| ||||||
8 | (i) (Blank).
| ||||||
9 | (j) (Blank).
| ||||||
10 | (k) There is created in the State Treasury a special fund | ||||||
11 | to be known as
the Secretary of State Special License Plate | ||||||
12 | Fund. Money deposited into the
Fund shall, subject to | ||||||
13 | appropriation, be used by the Office of the Secretary
of State | ||||||
14 | (i) to help defray plate manufacturing and plate processing | ||||||
15 | costs
for the issuance and, when applicable, renewal of any new | ||||||
16 | or existing
registration plates authorized under this Code and | ||||||
17 | (ii) for grants made by the
Secretary of State to benefit | ||||||
18 | Illinois Veterans Home libraries.
| ||||||
19 | On or before October 1, 1995, the Secretary of State shall | ||||||
20 | direct the
State Comptroller and State Treasurer to transfer | ||||||
21 | any unexpended balance in
the Special Environmental License | ||||||
22 | Plate Fund, the Special Korean War Veteran
License Plate Fund, | ||||||
23 | and the Retired Congressional License Plate Fund to the
| ||||||
24 | Secretary of State Special License Plate Fund.
| ||||||
25 | (l) The Motor Vehicle Review Board Fund is created as a | ||||||
26 | special fund in
the State Treasury. Moneys deposited into the |
| |||||||
| |||||||
1 | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | ||||||
2 | Section 5-109 shall,
subject to appropriation, be used by the | ||||||
3 | Office of the Secretary of State to
administer the Motor | ||||||
4 | Vehicle Review Board, including without
limitation payment of | ||||||
5 | compensation and all necessary expenses incurred in
| ||||||
6 | administering the Motor Vehicle Review Board under the Motor | ||||||
7 | Vehicle Franchise
Act.
| ||||||
8 | (m) Effective July 1, 1996, there is created in the State
| ||||||
9 | Treasury a special fund to be known as the Family | ||||||
10 | Responsibility Fund. Moneys
deposited into the Fund shall, | ||||||
11 | subject to appropriation, be used by the Office
of the | ||||||
12 | Secretary of State for the purpose of enforcing the Family | ||||||
13 | Financial
Responsibility Law.
| ||||||
14 | (n) The Illinois Fire Fighters' Memorial Fund is created as | ||||||
15 | a special
fund in the State Treasury. Moneys deposited into the | ||||||
16 | Fund shall, subject
to appropriation, be used by the Office of | ||||||
17 | the State Fire Marshal for
construction of the Illinois Fire | ||||||
18 | Fighters' Memorial to be located at the
State Capitol grounds | ||||||
19 | in Springfield, Illinois. Upon the completion of the
Memorial, | ||||||
20 | moneys in the Fund shall be used in accordance with Section | ||||||
21 | 3-634.
| ||||||
22 | (o) Of the money collected for each certificate of title | ||||||
23 | for all-terrain
vehicles and off-highway motorcycles, $17 | ||||||
24 | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| ||||||
25 | (p) For audits conducted on or after July 1, 2003 pursuant | ||||||
26 | to Section
2-124(d) of this Code, 50% of the money collected as |
| |||||||
| |||||||
1 | audit 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 | ||||||
6 | 6-102, shall
drive any motor vehicle upon a highway in this | ||||||
7 | State unless such person has
a valid license or permit, or a | ||||||
8 | restricted driving permit, issued under the
provisions of this | ||||||
9 | Act.
| ||||||
10 | (b) No person shall drive a motor vehicle unless he holds a | ||||||
11 | valid
license or permit, or a restricted driving permit issued | ||||||
12 | under the
provisions of Section 6-205, 6-206, or 6-113 of this | ||||||
13 | Act. Any person to
whom a license is issued under the | ||||||
14 | provisions of this Act must surrender to
the Secretary of State | ||||||
15 | all valid licenses or permits , except that an applicant for a | ||||||
16 | non-domiciled commercial learner's permit or commercial | ||||||
17 | driver's license shall not be required to surrender a license | ||||||
18 | or permit issued by the applicant's state or country of | ||||||
19 | domicile . No drivers license or instruction permit
shall be | ||||||
20 | issued to any person who holds a valid Foreign State license,
| ||||||
21 | identification card, or permit
unless such person first | ||||||
22 | surrenders to the Secretary of State any such
valid Foreign | ||||||
23 | State license,
identification card, or permit.
| ||||||
24 | (b-5) Any person who commits a violation of subsection (a) | ||||||
25 | or (b) of this Section is guilty of a Class A misdemeanor, if |
| |||||||
| |||||||
1 | at the time of the violation the person's driver's license or | ||||||
2 | permit was cancelled under clause (a)9 of Section 6-201 of this | ||||||
3 | Code.
| ||||||
4 | (c) Any person licensed as a driver hereunder shall not be | ||||||
5 | required by
any city, village, incorporated town or other | ||||||
6 | municipal corporation to
obtain any other license to exercise | ||||||
7 | the privilege thereby granted.
| ||||||
8 | (d) In addition to other penalties imposed under this | ||||||
9 | Section, any person
in violation of this Section who is also in | ||||||
10 | violation of Section 7-601 of this
Code relating to mandatory | ||||||
11 | insurance requirements shall have his or her motor
vehicle | ||||||
12 | immediately impounded by the arresting law enforcement | ||||||
13 | officer. The
motor vehicle may be released to any licensed | ||||||
14 | driver upon a showing of proof of
insurance for the motor | ||||||
15 | vehicle that was impounded and the notarized written
consent | ||||||
16 | for the release by the vehicle owner.
| ||||||
17 | (e) In addition to other penalties imposed under this | ||||||
18 | Section, the
vehicle
of any person
in violation of this Section | ||||||
19 | who is also in violation of Section 7-601 of this
Code relating | ||||||
20 | to mandatory insurance requirements and who, in violating this
| ||||||
21 | Section, has caused death or personal injury to another person | ||||||
22 | is subject to
forfeiture under
Sections 36-1 and 36-2 of the | ||||||
23 | Criminal Code of 2012.
For the purposes of this Section, a | ||||||
24 | personal injury shall include
any type A injury as indicated on | ||||||
25 | the traffic accident report completed
by a law enforcement | ||||||
26 | officer that requires immediate professional attention
in |
| |||||||
| |||||||
1 | either a doctor's office or a medical facility. A type A injury | ||||||
2 | shall
include severely bleeding wounds, distorted extremities, | ||||||
3 | and injuries that
require the injured party to be carried from | ||||||
4 | the 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 | ||||||
9 | as 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | with the member ................................... 0 | ||||||
2 | Original or renewal M or L endorsement ................. 5 | ||||||
3 | SPECIAL 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 |
| |||||||
| |||||||
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 | ||||||
9 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
10 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
11 | commercial driver's license
proportionate to the expiration | ||||||
12 | date of the applicant's Illinois driver's
license. | ||||||
13 | The fee for any duplicate license or permit shall be waived | ||||||
14 | for any
person who presents the Secretary of State's office | ||||||
15 | with a
police report showing that his license or permit was | ||||||
16 | stolen. | ||||||
17 | The fee for any duplicate license or permit shall be waived | ||||||
18 | for any
person age 60 or older whose driver's license or permit | ||||||
19 | has been lost or stolen. | ||||||
20 | No additional fee shall be charged for a driver's license, | ||||||
21 | or for a
commercial driver's license, when issued
to the holder | ||||||
22 | of an instruction permit for the same classification or
type of | ||||||
23 | license who becomes eligible for such
license. | ||||||
24 | (b) Any person whose license or privilege to operate a | ||||||
25 | motor vehicle
in this State has been suspended or revoked under | ||||||
26 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or |
| |||||||
| |||||||
1 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
2 | Responsibility Law of this Code, shall in addition to any other
| ||||||
3 | fees 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 | ||||||
10 | motor vehicle
in this State has been suspended or revoked for a | ||||||
11 | second or subsequent time
for a violation of Section 11-501 or | ||||||
12 | 11-501.1
of this Code or a similar provision of a local | ||||||
13 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
14 | the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||||||
15 | suspension or revocation was for a violation of Section 11-501 | ||||||
16 | or
11-501.1 of this Code or a similar provision of a local | ||||||
17 | ordinance
or a similar out-of-state offense
or Section
9-3 of | ||||||
18 | the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||||||
19 | pay, in addition to any other
fees required by this Code, a
| ||||||
20 | reinstatement
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 | ||||||
25 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
26 | as follows: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
4 | this amendatory Act of the 96th General Assembly shall be | ||||||
5 | deposited into the Capital Projects Fund. | ||||||
6 | (e) The additional fees imposed by this amendatory Act of | ||||||
7 | the 96th General Assembly shall become effective 90 days after | ||||||
8 | becoming law. | ||||||
9 | (f) As used in this Section, "active-duty member of the | ||||||
10 | United States Armed Forces" means a member of the Armed | ||||||
11 | Services or Reserve Forces of the United States or a member of | ||||||
12 | the Illinois National Guard who is called to active duty | ||||||
13 | pursuant to an executive order of the President of the United | ||||||
14 | States, an act of the Congress of the United States, or an | ||||||
15 | order of the Governor. | ||||||
16 | (Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; | ||||||
17 | 96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff. | ||||||
18 | 8-12-11; 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 | ||||||
22 | license 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 | ||||||
22 | surrender the
license or permit so cancelled to the Secretary | ||||||
23 | of State.
| ||||||
24 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
25 | Secretary of State
shall have exclusive authority to grant, | ||||||
26 | issue, deny, cancel, suspend and
revoke driving privileges, |
| |||||||
| |||||||
1 | drivers' licenses and restricted driving permits.
| ||||||
2 | (d) The Secretary of State may adopt rules to implement | ||||||
3 | this Section.
| ||||||
4 | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||||||
5 | 97-813, 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 | ||||||
9 | the records
essential to the performance of the Secretary's | ||||||
10 | duties under this Code to
cancel, revoke or suspend the | ||||||
11 | driver's license and privilege to drive motor
vehicles of | ||||||
12 | certain minors adjudicated truant minors in need of | ||||||
13 | supervision,
addicted, or delinquent and of persons
found | ||||||
14 | guilty of the criminal offenses or traffic violations
which | ||||||
15 | this Code recognizes as evidence relating to unfitness to | ||||||
16 | safely operate
motor vehicles, the following duties are imposed | ||||||
17 | upon 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 |
| |||||||
| |||||||
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), |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 | ||||||
17 | to all
violations stated in paragraphs (1) and (2) of this
| ||||||
18 | subsection when the
individual has been adjudicated under the | ||||||
19 | Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||||||
20 | reporting requirements shall also apply to
individuals | ||||||
21 | adjudicated under the Juvenile Court Act or the Juvenile Court | ||||||
22 | Act
of 1987 who have committed a violation of Section 11-501 of | ||||||
23 | this Code, or
similar provision of a local ordinance, or | ||||||
24 | Section 9-3 of the Criminal Code
of 1961 or the Criminal Code | ||||||
25 | of 2012, relating to the offense of reckless homicide.
These | ||||||
26 | reporting requirements also apply to individuals adjudicated |
| |||||||
| |||||||
1 | under the Juvenile Court Act of 1987 based on any offense | ||||||
2 | determined to have been committed in furtherance of the | ||||||
3 | criminal activities of an organized gang, as provided in | ||||||
4 | Section 5-710 of that Act, and that involved the operation or | ||||||
5 | use of a motor vehicle or the use of a driver's license or | ||||||
6 | permit. The reporting requirements of this subsection shall | ||||||
7 | also apply to
a truant minor in need of supervision, an | ||||||
8 | addicted
minor, or a delinquent minor and whose driver's | ||||||
9 | license and privilege to
drive a motor vehicle has been ordered | ||||||
10 | suspended for such times as determined
by the Court, but only | ||||||
11 | until he or she attains
18 years of age. It shall be the duty of | ||||||
12 | the clerk of the court in which
adjudication is had within 5 | ||||||
13 | days thereafter to forward to the Secretary of
State a report | ||||||
14 | of the adjudication and the court order requiring the Secretary
| ||||||
15 | of State to suspend the minor's driver's license and driving | ||||||
16 | privilege for such
time as determined by the Court, but only | ||||||
17 | until he or she attains the age of 18
years. All juvenile court | ||||||
18 | dispositions reported to the Secretary of State
under this | ||||||
19 | provision shall be processed by the Secretary of State as if | ||||||
20 | the
cases had been adjudicated in traffic or criminal court. | ||||||
21 | However, information
reported relative to the offense of | ||||||
22 | reckless homicide, or Section 11-501 of
this Code, or a similar | ||||||
23 | provision of a local ordinance, shall be privileged
and | ||||||
24 | available only to the Secretary of State, courts, and police | ||||||
25 | officers.
| ||||||
26 | The reporting requirements of this subsection (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
|
| |||||||
| |||||||
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 | ||||||
20 | court, as a
result of confiscation by a police officer pursuant | ||||||
21 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
22 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
23 | restricted driving permit and a facsimile of
the officer's | ||||||
24 | citation to the Secretary of State as expeditiously as
| ||||||
25 | practicable.
| ||||||
26 | (c) For the purposes of this Code, a forfeiture of bail or |
| |||||||
| |||||||
1 | collateral
deposited to secure a defendant's appearance in | ||||||
2 | court when forfeiture
has not been vacated, or the failure of a | ||||||
3 | defendant to appear for trial
after depositing his driver's | ||||||
4 | license in lieu of other bail, shall be
equivalent to a | ||||||
5 | conviction.
| ||||||
6 | (d) For the purpose of providing the Secretary of State | ||||||
7 | with records
necessary to properly monitor and assess driver | ||||||
8 | performance and assist the
courts in the proper disposition of | ||||||
9 | repeat traffic law offenders, the clerk
of the court shall | ||||||
10 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
11 | Secretary, records of a driver's participation in a driver | ||||||
12 | remedial
or rehabilitative program which was required, through | ||||||
13 | a court order or court
supervision, in relation to the driver's | ||||||
14 | arrest for a violation of Section
11-501 of this Code or a | ||||||
15 | similar provision of a local ordinance.
The clerk of the court | ||||||
16 | shall also forward to the Secretary, either on
paper or in an | ||||||
17 | electronic format or a computer processible medium as required
| ||||||
18 | under paragraph (5) of subsection (a) of this Section, any | ||||||
19 | disposition
of court supervision for any traffic violation,
| ||||||
20 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
21 | (a) of this Section.
These reports
shall be sent within 5
days | ||||||
22 | after disposition, or, if
the driver is
referred to a driver
| ||||||
23 | remedial or rehabilitative program, within 5 days of the | ||||||
24 | driver's referral
to that program.
These reports received by | ||||||
25 | the Secretary of State, including those required to
be | ||||||
26 | forwarded under paragraph (a)(4), shall be privileged |
| |||||||
| |||||||
1 | information, available
only (i) to the affected driver, (ii) to | ||||||
2 | the parent or guardian of a person under the age of 18 years | ||||||
3 | holding an instruction permit or a graduated driver's license, | ||||||
4 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
5 | authorities, the Secretary of State, and the driver licensing | ||||||
6 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
7 | Part 384, all reports of court supervision, except violations | ||||||
8 | related to parking, shall be forwarded to the Secretary of | ||||||
9 | State for all holders of a CLP or CDL or any driver who commits | ||||||
10 | an offense while driving a commercial motor vehicle. These | ||||||
11 | reports shall be recorded to the driver's record as a | ||||||
12 | conviction for use in the disqualification of the driver's | ||||||
13 | commercial motor vehicle privileges and shall not be privileged | ||||||
14 | information.
| ||||||
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 | ||||||
18 | reissuance of a
license. | ||||||
19 | (a) The Secretary of State, having good cause to believe | ||||||
20 | that a licensed
driver or person holding a permit or applying | ||||||
21 | for a license or license
renewal is incompetent or otherwise | ||||||
22 | not qualified to hold a license or
permit, may upon written | ||||||
23 | notice of at least 5 days to the person require the
person to | ||||||
24 | submit to an examination as prescribed by the Secretary.
| ||||||
25 | Refusal or neglect of the person to submit an alcohol, |
| |||||||
| |||||||
1 | drug, or
intoxicating compound evaluation or
submit to or | ||||||
2 | failure to successfully complete the examination is
grounds for | ||||||
3 | suspension of the person's license or permit under
Section | ||||||
4 | 6-206 of this Act or cancellation of his license or permit | ||||||
5 | under
Section 6-201 of this Act.
| ||||||
6 | (b) The Secretary of State, having issued a driver's | ||||||
7 | license or
permit in error, may upon written notice of at least | ||||||
8 | 5 days to the person,
require the person to appear at a Driver | ||||||
9 | Services facility to have the
license or permit error corrected | ||||||
10 | and a new license or permit issued.
| ||||||
11 | Refusal or neglect of the person to appear is grounds for | ||||||
12 | cancellation of
the person's license or permit under Section | ||||||
13 | 6-201 of this Act.
| ||||||
14 | (c) The Secretary of State, having issued a driver's | ||||||
15 | license or permit to a person who subsequently becomes | ||||||
16 | ineligible to retain that license or permit as currently | ||||||
17 | issued, may, upon written notice of at least 5 days to the | ||||||
18 | person, require the person to appear at a Driver Services | ||||||
19 | facility to have the license or permit corrected and a new | ||||||
20 | license or permit issued.
| ||||||
21 | (d) The Secretary of State, having good cause to believe | ||||||
22 | that a driver's license or permit was issued based on invalid, | ||||||
23 | fictitious, or fraudulent documents, may upon written notice of | ||||||
24 | at least 5 days require the person to appear at a Driver | ||||||
25 | Services facility to present valid documents for verification | ||||||
26 | of identity. Refusal or neglect of the person to appear shall |
| |||||||
| |||||||
1 | result in cancellation of the person's license or permit. | ||||||
2 | (e) Under 49 C.F.R. 383.73, if the Secretary of State | ||||||
3 | receives credible information that a CLP or CDL was issued and | ||||||
4 | fraud was committed relating to the issuance of the CLP or CDL, | ||||||
5 | the Secretary shall require the CLP or CDL holder to re-submit | ||||||
6 | to all testing required for the issuance of the CLP or CDL | ||||||
7 | (written, pre-trip, skills, and road exams). Upon written | ||||||
8 | notification by the Secretary, the holder shall have 5 days to | ||||||
9 | submit to re-examination. Failure to appear or successfully | ||||||
10 | complete the examination shall result in the cancellation of | ||||||
11 | the 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. | ||||||
15 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
16 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
17 | Act
(UCDLA), the words and phrases listed below have the | ||||||
18 | meanings
ascribed to them as follows:
| ||||||
19 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
20 | form of
alcohol, including but not limited to ethanol,
| ||||||
21 | methanol,
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 |
| |||||||
| |||||||
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 | ||||||
5 | being
"stopped or detained" shall be considered that driver's | ||||||
6 | "alcohol
concentration" for the purposes of enforcing this | ||||||
7 | UCDLA.
| ||||||
8 | (3) (Blank).
| ||||||
9 | (4) (Blank).
| ||||||
10 | (5) (Blank).
| ||||||
11 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
12 | electronic record of the individual CDL driver's status and | ||||||
13 | history stored by the State-of-Record as part of the Commercial | ||||||
14 | Driver's License Information System, or CDLIS, established | ||||||
15 | under 49 U.S.C. 31309. | ||||||
16 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
17 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
18 | driver record meeting the requirements for access to CDLIS | ||||||
19 | information and provided by states to users authorized in 49 | ||||||
20 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
21 | Driver Privacy Protection Act, 18 U.S.C. 2721–2725. | ||||||
22 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
23 | driver'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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
13 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
14 | Controlled Substances Act,
and shall also include cannabis as | ||||||
15 | defined in Section 3 of the Cannabis Control
Act and | ||||||
16 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
17 | Control and Community Protection Act.
| ||||||
18 | (8) Conviction. "Conviction" means an unvacated | ||||||
19 | adjudication of guilt
or a determination that a person has | ||||||
20 | violated or failed to comply with the
law in a court of | ||||||
21 | original jurisdiction or by an authorized administrative
| ||||||
22 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
23 | deposited to secure
the person's appearance in court; a plea of | ||||||
24 | guilty or nolo contendere accepted by the court; the payment of | ||||||
25 | a fine or court cost
regardless of whether the imposition of | ||||||
26 | sentence is deferred and ultimately
a judgment dismissing the |
| |||||||
| |||||||
1 | underlying charge is entered; or a violation of a
condition of | ||||||
2 | release without bail, regardless of whether or not the penalty
| ||||||
3 | is 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, | ||||||
10 | operates, or is in
physical control of a commercial motor | ||||||
11 | vehicle, any person who is required to hold a
CDL, or any | ||||||
12 | person who is a holder of a CDL while operating a | ||||||
13 | non-commercial motor vehicle.
| ||||||
14 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
15 | individual who applies to a state or other jurisdiction to | ||||||
16 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
17 | a CLP .
| ||||||
18 | (13.8) Electronic device. "Electronic device" includes, | ||||||
19 | but is not limited to, a cellular telephone, personal digital | ||||||
20 | assistant, pager, computer, or any other device used to input, | ||||||
21 | write, send, receive, or read text. | ||||||
22 | (14) Employee. "Employee" means a person who is employed as | ||||||
23 | a
commercial
motor vehicle driver. A person who is | ||||||
24 | self-employed as a commercial motor
vehicle driver must comply | ||||||
25 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
26 | owner-operator on a long-term lease shall be considered an |
| |||||||
| |||||||
1 | employee.
| ||||||
2 | (15) Employer. "Employer" means a person (including the | ||||||
3 | United
States, a State or a local authority) who owns or leases | ||||||
4 | a commercial motor
vehicle or assigns employees to operate such | ||||||
5 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
6 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
7 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
8 | to an individual's CLP or CDL required to permit the individual | ||||||
9 | to operate certain types of commercial motor vehicles. | ||||||
10 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
11 | person who operates or expects to operate in interstate | ||||||
12 | commerce, but engages exclusively in transportation or | ||||||
13 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
14 | 398.3 from all or part of the qualification requirements of 49 | ||||||
15 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
16 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
17 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
18 | person who operates in intrastate commerce but engages | ||||||
19 | exclusively in transportation or operations excepted from all | ||||||
20 | or parts of the state driver qualification requirements. | ||||||
21 | (16) (Blank).
| ||||||
22 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
23 | a result of a motor vehicle accident.
| ||||||
24 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
25 | sovereign
jurisdiction that does not fall within the definition | ||||||
26 | of "State".
|
| |||||||
| |||||||
1 | (18) (Blank).
| ||||||
2 | (19) (Blank).
| ||||||
3 | (20) Hazardous materials. "Hazardous Material" means any | ||||||
4 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
5 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
6 | or any quantity of a material listed as a select agent or toxin | ||||||
7 | in 42 C.F.R. part 73.
| ||||||
8 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
9 | existence of a condition relating to hazardous material that | ||||||
10 | presents a substantial likelihood that death, serious illness, | ||||||
11 | severe personal injury, or a substantial endangerment to | ||||||
12 | health, property, or the environment may occur before the | ||||||
13 | reasonably foreseeable completion date of a formal proceeding | ||||||
14 | begun to lessen the risk of that death, illness, injury or | ||||||
15 | endangerment.
| ||||||
16 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
17 | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||||||
18 | CLP or CDL. | ||||||
19 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
20 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
21 | non-domiciled CDL. | ||||||
22 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
23 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
24 | period of more than 29
days.
| ||||||
25 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
26 | transmission utilizing a driver-operated clutch that is |
| |||||||
| |||||||
1 | activated by a pedal or lever and a gear-shift mechanism | ||||||
2 | operated either by hand or foot including those known as a | ||||||
3 | stick shift, stick, straight drive, or standard transmission. | ||||||
4 | All other transmissions, whether semi-automatic or automatic, | ||||||
5 | shall be considered automatic for the purposes of the | ||||||
6 | standardized restriction code. | ||||||
7 | (21.1) Medical examiner. "Medical examiner" means a person | ||||||
8 | who is licensed, certified, or registered in accordance with | ||||||
9 | applicable state laws and regulations to perform physical | ||||||
10 | examinations. The term includes but is not limited to doctors | ||||||
11 | of medicine, doctors of osteopathy, physician assistants, | ||||||
12 | advanced practice nurses, and doctors of chiropractic. | ||||||
13 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
14 | certificate" means a document prescribed or approved by the | ||||||
15 | Secretary of State that is issued by a medical examiner to a | ||||||
16 | driver to medically qualify him or her to drive. | ||||||
17 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
18 | has received one of the following from the Federal Motor | ||||||
19 | Carrier Safety Administration which allows the driver to be | ||||||
20 | issued a medical certificate: (1) an exemption letter | ||||||
21 | permitting operation of a commercial motor vehicle pursuant to | ||||||
22 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
23 | skill performance evaluation (SPE) certificate permitting | ||||||
24 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
25 | 391.49. | ||||||
26 | (21.7) Mobile telephone. "Mobile telephone" means a mobile |
| |||||||
| |||||||
1 | communication device that falls under or uses any commercial | ||||||
2 | mobile radio service, as defined in regulations of the Federal | ||||||
3 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
4 | two-way or citizens band radio services. | ||||||
5 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
6 | which is self-propelled, and every vehicle which is propelled | ||||||
7 | by electric
power obtained from over head trolley wires but not | ||||||
8 | operated upon rails,
except vehicles moved solely by human | ||||||
9 | power and motorized wheel chairs.
| ||||||
10 | (22.2) Motor vehicle record. "Motor vehicle record" means a | ||||||
11 | report of the driving status and history of a driver generated | ||||||
12 | from the driver record provided to users, such as drivers or | ||||||
13 | employers, and is subject to the provisions of the Driver | ||||||
14 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
15 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
16 | combination 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" | ||||||
19 | means a person who operates or expects to operate in interstate | ||||||
20 | commerce, is subject to and meets the qualification | ||||||
21 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
22 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
23 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
24 | means a person who operates only in intrastate commerce and is | ||||||
25 | subject to State driver qualification requirements. | ||||||
26 | (23) Non-domiciled CLP or Non-domiciled Non-resident CDL. |
| |||||||
| |||||||
1 | " Non-domiciled CLP" or "Non-domiciled Non-resident CDL" means | ||||||
2 | a CLP or CDL, respectively, commercial driver's
license issued | ||||||
3 | by a state or other jurisdiction under either of the following | ||||||
4 | two 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, | ||||||
15 | while operating a commercial motor vehicle, of
any
of the | ||||||
16 | following:
| ||||||
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 | ||||||
22 | vehicle used to transport pre-primary, primary, or secondary | ||||||
23 | school students from home to school, from school to home, or to | ||||||
24 | and from school-sponsored events. "School bus" does not include | ||||||
25 | a bus used as a common carrier.
| ||||||
26 | (26) Serious Traffic Violation. "Serious traffic |
| |||||||
| |||||||
1 | violation"
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 |
| |||||||
| |||||||
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 | ||||||
5 | District 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 | ||||||
11 | alphanumeric text into, or reading text from, an electronic | ||||||
12 | device. | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | skills test examiner" means a person employed by a third party | ||||||
8 | tester who is authorized by the State to administer the CDL | ||||||
9 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
10 | (32.5) Third party tester. "Third party tester" means a | ||||||
11 | person (including, but not limited to, another state, a motor | ||||||
12 | carrier, a private driver training facility or other private | ||||||
13 | institution, or a department, agency, or instrumentality of a | ||||||
14 | local government) authorized by the State to employ skills test | ||||||
15 | examiners to administer the CDL skills tests specified in 49 | ||||||
16 | C.F.R. Part 383, subparts G and H. | ||||||
17 | (32.7) United States. "United States" means the 50 states | ||||||
18 | and the District of Columbia. | ||||||
19 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
20 | mobile 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 |
| |||||||
| |||||||
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, | ||||||
6 | eff. 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 | ||||||
9 | traffic violations to the Secretary of State. When required by | ||||||
10 | the
Commercial Motor Vehicle Safety Act
of 1986, every person | ||||||
11 | who has been issued an Illinois
non-domiciled non-resident CLP | ||||||
12 | or non-domiciled CDL or who is a domiciliary of this State and | ||||||
13 | drives
a commercial motor vehicle in violation
of a law or | ||||||
14 | local ordinance of any State relating to motor vehicle
traffic | ||||||
15 | control (other than parking violations) in any other
state, | ||||||
16 | shall notify the Secretary of State, on a form and in
a manner | ||||||
17 | prescribed by the Secretary, of such violation
within 30 days | ||||||
18 | after 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 | ||||||
22 | traffic
violations to employer. Every person who is
a | ||||||
23 | domiciliary of this State or who has been issued an Illinois | ||||||
24 | non-domiciled non-resident CLP or non-domiciled CDL
and drives |
| |||||||
| |||||||
1 | a commercial motor vehicle in
violation of a law or local | ||||||
2 | ordinance of any State
relating to motor vehicle
traffic | ||||||
3 | control (other than parking violations) in this or any other | ||||||
4 | state,
shall notify such person's employer of such violation
| ||||||
5 | within 30 days after the
date such person is convicted of such | ||||||
6 | offense.
| ||||||
7 | In the event such person is a "common carrier of property | ||||||
8 | by motor
vehicle", as defined in
Section 18c-1104 of this Code, | ||||||
9 | such person shall notify the
principal lessor of such within 30 | ||||||
10 | days after the date such person is
convicted of the violation. | ||||||
11 | However, if such person is
an independent contractor or owner | ||||||
12 | operator, such report shall be kept at
the principal place of | ||||||
13 | business and available during normal office hours
for | ||||||
14 | inspection 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 - | ||||||
18 | employer/owner
responsibilities. | ||||||
19 | (a) No employer or commercial motor
vehicle owner shall
| ||||||
20 | knowingly allow, permit,
authorize, or require an employee to | ||||||
21 | drive a commercial motor
vehicle on the highways during any | ||||||
22 | period 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 |
| |||||||
| |||||||
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
| ||||||
13 | knowingly allow,
permit, authorize, or require a driver to | ||||||
14 | operate a commercial motor vehicle in
violation of any law or | ||||||
15 | regulation pertaining to railroad-highway grade
crossings.
| ||||||
16 | (b-3) No employer or commercial motor vehicle owner shall | ||||||
17 | knowingly allow, permit, authorize, or require a driver to | ||||||
18 | operate a commercial motor vehicle during any period in which | ||||||
19 | the commercial motor vehicle is subject to an "out-of-service" | ||||||
20 | order. | ||||||
21 | (b-5) No employer or commercial motor vehicle owner shall | ||||||
22 | knowingly allow, permit, authorize, or require a driver to | ||||||
23 | operate a commercial motor vehicle during any period in which | ||||||
24 | the motor carrier operation is subject to an "out-of-service" | ||||||
25 | order.
| ||||||
26 | (c) Any employer convicted of violating subsection (a), |
| |||||||
| |||||||
1 | (b-3), or (b-5) of this
Section, whether
individually or
in | ||||||
2 | connection with one or more other persons, or as principal | ||||||
3 | agent, 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 | ||||||
7 | Commercial Learner's Permit (CLP) Required.
| ||||||
8 | (a) Except as expressly permitted by this UCDLA, or when | ||||||
9 | driving
pursuant to the issuance of a commercial learner's | ||||||
10 | driver instruction permit and
accompanied by the holder of a | ||||||
11 | CDL valid for the vehicle being driven; no
person shall drive a | ||||||
12 | commercial 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 | ||||||
22 | State or any other state in the course of enforcement of a | ||||||
23 | motor vehicle traffic code and who has not been convicted of a | ||||||
24 | disqualifying offense under 49 C.F.R. 383.51 based on this | ||||||
25 | enforcement, may drive a CMV while holding a dated receipt for |
| |||||||
| |||||||
1 | the CLP or CDL. | ||||||
2 | (b) Except as otherwise provided by this Code, no person | ||||||
3 | may drive a
commercial motor vehicle on the highways while such | ||||||
4 | person'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 |
| |||||||
| |||||||
1 | may drive a commercial motor vehicle on the highways during a | ||||||
2 | period which the commercial motor vehicle or the motor carrier | ||||||
3 | operation is subject to an "out-of-service" order. Any person | ||||||
4 | who is convicted of violating this provision or a similar | ||||||
5 | provision of any other state shall be disqualified from | ||||||
6 | operating a commercial motor vehicle under subsection (i) of | ||||||
7 | Section 6-514 of this Code. | ||||||
8 | (b-5) Except as otherwise provided by this Code, no person | ||||||
9 | may operate a vehicle designed to transport 16 or more | ||||||
10 | passengers including the driver or hazardous materials of a | ||||||
11 | type or quantity that requires the vehicle to be placarded | ||||||
12 | during a period in which the commercial motor vehicle or the | ||||||
13 | motor carrier operation is subject to an "out-of-service" | ||||||
14 | order. Any person who is convicted of violating this provision | ||||||
15 | or a similar provision of any other state shall be disqualified | ||||||
16 | from operating a commercial motor vehicle under subsection (i) | ||||||
17 | of Section 6-514 of this Code.
| ||||||
18 | (c) Pursuant to the options provided to the States by FHWA | ||||||
19 | Docket No.
MC-88-8, the driver of any motor vehicle controlled | ||||||
20 | or operated by or for a
farmer is waived from the requirements | ||||||
21 | of this Section, when such motor
vehicle is being used to | ||||||
22 | transport: agricultural products; implements of
husbandry; or | ||||||
23 | farm supplies; to and from a farm, as long as such movement is | ||||||
24 | not over 150 air
miles from the originating farm. This waiver | ||||||
25 | does not apply to
the driver of any motor vehicle
being used in | ||||||
26 | a common or contract carrier type operation.
However, for those |
| |||||||
| |||||||
1 | drivers of any truck-tractor
semitrailer combination or | ||||||
2 | combinations registered under subsection (c) of
Section 3-815 | ||||||
3 | of this Code, this waiver shall apply only when the
driver is a | ||||||
4 | farmer or a member of the farmer's family and the driver is 21
| ||||||
5 | years
of age or more and has successfully completed any
tests | ||||||
6 | the Secretary of State deems necessary.
| ||||||
7 | In addition, the farmer or a member of the farmer's family | ||||||
8 | who operates a
truck-tractor semitrailer combination or | ||||||
9 | combinations pursuant to this waiver
shall be granted all of | ||||||
10 | the rights and shall be subject to all of the duties
and | ||||||
11 | restrictions with respect to Sections 6-514 and 6-515 of this | ||||||
12 | Code
applicable to the driver who possesses a commercial | ||||||
13 | driver's license issued
under this Code, except that the driver | ||||||
14 | shall not be subject to any additional
duties or restrictions | ||||||
15 | contained
in Part 382 of the Federal Motor Carrier Safety | ||||||
16 | Regulations that are
not otherwise imposed under Section 6-514 | ||||||
17 | or 6-515 of this Code.
| ||||||
18 | For purposes of this subsection (c), a member of the | ||||||
19 | farmer's family is a
natural or in-law spouse, child, parent, | ||||||
20 | or sibling.
| ||||||
21 | (c-5) An employee of a township or road district with a | ||||||
22 | population of
less
than 3,000 operating a vehicle within the | ||||||
23 | boundaries of the township or road
district for the purpose of | ||||||
24 | removing snow or ice from a roadway by plowing,
sanding, or | ||||||
25 | salting is waived from the requirements of this Section when | ||||||
26 | the
employee is needed to operate the vehicle because the |
| |||||||
| |||||||
1 | employee of the township
or road district who ordinarily | ||||||
2 | operates the vehicle and who has a commercial
driver's license | ||||||
3 | is unable to operate the vehicle or is in need of additional
| ||||||
4 | assistance due to a snow emergency.
| ||||||
5 | (c-10) A driver of a commercial motor vehicle used | ||||||
6 | primarily in the transportation of propane winter heating fuel | ||||||
7 | or a driver of a motor vehicle used to respond to a pipeline | ||||||
8 | emergency is waived from the requirements of this Section if | ||||||
9 | such requirements would prevent the driver from responding to | ||||||
10 | an emergency condition requiring immediate response as defined | ||||||
11 | in 49 C.F.R. Part 390.5. | ||||||
12 | (d) Any person convicted of violating this Section, shall | ||||||
13 | be guilty of a
Class A misdemeanor.
| ||||||
14 | (e) Any person convicted of violating paragraph (1) of | ||||||
15 | subsection (b) of this Section,
shall have all driving | ||||||
16 | privileges 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.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229, | ||||||
2 | eff. 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 | ||||||
7 | limited 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 |
| |||||||
| |||||||
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 | ||||||
14 | applicant has taken and passed a general knowledge test that | ||||||
15 | meets the federal standards contained in 49 C.F.R. Part 383, | ||||||
16 | subparts F, G, and H for the commercial motor vehicle the | ||||||
17 | applicant expects to operate. | ||||||
18 | (c) No CLP shall be issued to a driver applicant unless the | ||||||
19 | applicant possesses a valid Illinois driver's license or if the | ||||||
20 | applicant is applying for a non-domiciled CLP under subsection | ||||||
21 | (b) of Section 6-509 of this Code, in which case the driver | ||||||
22 | applicant must possess a valid driver's license from his or her | ||||||
23 | state of domicile. | ||||||
24 | (d) No CLP shall be issued to a person under 18 years of | ||||||
25 | age. | ||||||
26 | (e) No person shall be issued a CLP unless the person |
| |||||||
| |||||||
1 | certifies to the Secretary one of the following types of | ||||||
2 | driving 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 | ||||||
8 | certifies to the Secretary that he or she is not subject to any | ||||||
9 | disqualification under 49 C.F.R. 383.51, or any license | ||||||
10 | disqualification under State law, and that he or she does not | ||||||
11 | have a driver's license from more than one state or | ||||||
12 | jurisdiction. | ||||||
13 | (g) No CLP shall be issued to a person while the person is | ||||||
14 | subject to a disqualification from driving a commercial motor | ||||||
15 | vehicle, unless otherwise permitted by this Code, while the | ||||||
16 | person's driver's license is suspended, revoked, or cancelled | ||||||
17 | in any state, or any territory or province of Canada; nor may a | ||||||
18 | CLP be issued to a person who has a CLP or CDL issued by any | ||||||
19 | other state or foreign jurisdiction, unless the person | ||||||
20 | surrenders all of these licenses. No CLP shall be issued to or | ||||||
21 | renewed for a person who does not meet the requirement of 49 | ||||||
22 | C.F.R. 391.41(b)(11). The requirement may be met with the aid | ||||||
23 | of a hearing aid. | ||||||
24 | (h) No CLP with a Passenger, School Bus or Tank Vehicle | ||||||
25 | endorsement shall be issued to a person unless the driver | ||||||
26 | applicant has taken and passed the knowledge test for each |
| |||||||
| |||||||
1 | endorsement. | ||||||
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 | ||||||
22 | transporting hazardous material as defined in paragraph (20) of | ||||||
23 | Section 6-500 of this Code. | ||||||
24 | (j) The CLP holder must be accompanied by the holder of a | ||||||
25 | valid CDL who has the proper CDL group and endorsement | ||||||
26 | necessary to operate the CMV. The CDL holder must at all times |
| |||||||
| |||||||
1 | be physically present in the front seat of the vehicle next to | ||||||
2 | the CLP holder or, in the case of a passenger vehicle, directly | ||||||
3 | behind or in the first row behind the driver and must have the | ||||||
4 | CLP holder under observation and direct supervision. | ||||||
5 | (k) A CLP is valid for 180 days from the date of issuance. | ||||||
6 | A CLP may be renewed for an additional 180 days without | ||||||
7 | requiring the CLP holder to retake the general and endorsement | ||||||
8 | knowledge tests. | ||||||
9 | (l) A CLP issued prior to July 1, 2014 for a limited time | ||||||
10 | period according to state requirements, shall be considered a | ||||||
11 | valid commercial driver's license for purposes of | ||||||
12 | behind-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) - | ||||||
15 | qualification 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 |
| |||||||
| |||||||
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 | ||||||
12 | the skills
test specified in this Section for a driver | ||||||
13 | applicant for a commercial driver license
who meets the | ||||||
14 | requirements of 49 C.F.R. Part 383.77 and Part 383.123 .
| ||||||
15 | (b-1) No person shall be issued a commercial driver | ||||||
16 | instruction permit or CDL unless the person certifies to the | ||||||
17 | Secretary one of the following types of driving operations in | ||||||
18 | which 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 | ||||||
24 | instruction permit or CDL on January 30, 2012 must certify to | ||||||
25 | the Secretary no later than January 30, 2014 one of the | ||||||
26 | following applicable self-certifications: |
| |||||||
| |||||||
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 | ||||||
6 | commercial driver
instruction permit, shall not be issued to a | ||||||
7 | person while the person is
subject to a disqualification from | ||||||
8 | driving a commercial motor vehicle, or
unless otherwise | ||||||
9 | permitted by this Code, while the person's driver's
license is | ||||||
10 | suspended, revoked or cancelled in
any state, or any territory | ||||||
11 | or province of Canada; nor may a CLP or CDL be issued
to a | ||||||
12 | person who has a CLP or CDL issued by any other state, or | ||||||
13 | foreign
jurisdiction, nor may a CDL be issued to a person who | ||||||
14 | has an Illinois CLP unless the person first surrenders all of | ||||||
15 | these such
licenses or permits . However, a person may hold an | ||||||
16 | Illinois CLP and an Illinois CDL providing the CLP is necessary | ||||||
17 | to train or practice for an endorsement or vehicle | ||||||
18 | classification not present on the current CDL. No CDL shall be | ||||||
19 | issued to or renewed for a person who does not
meet the | ||||||
20 | requirement of 49 CFR 391.41(b)(11). The requirement may be met | ||||||
21 | with
the aid of a hearing aid.
| ||||||
22 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
23 | driver endorsement
to allow a person to drive the type of bus | ||||||
24 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
25 | The CDL with a school bus driver endorsement may be
issued only | ||||||
26 | to a person meeting the following requirements:
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | conducting the criminal history records check, which shall be
| ||||||
9 | deposited into the State Police Services Fund and may not | ||||||
10 | exceed the actual
cost of the records check.
| ||||||
11 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
12 | endorsement to allow a person to drive a school bus as defined | ||||||
13 | in this Section. The CDL shall be issued according to the | ||||||
14 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
15 | operate a school bus as defined in this Section without a | ||||||
16 | school bus endorsement. The Secretary of State may adopt rules | ||||||
17 | consistent with Federal guidelines to implement this | ||||||
18 | subsection (c-2).
| ||||||
19 | (d) (Blank). Commercial driver instruction permit. A | ||||||
20 | commercial driver
instruction permit may be issued to any | ||||||
21 | person holding a valid Illinois
driver's license if such person | ||||||
22 | successfully passes such tests as the
Secretary determines to | ||||||
23 | be necessary.
A commercial driver instruction permit shall not | ||||||
24 | be issued to a person who
does not meet
the requirements of 49 | ||||||
25 | CFR 391.41 (b)(11), except for the renewal of a
commercial | ||||||
26 | driver
instruction permit for a person who possesses a |
| |||||||
| |||||||
1 | commercial instruction permit
prior to the
effective date of | ||||||
2 | this amendatory Act of 1999.
| ||||||
3 | (Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1, | ||||||
4 | Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff. | ||||||
5 | 7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||||||
6 | eff. 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 | ||||||
10 | non-excepted interstate commerce unless the person holds a CLP | ||||||
11 | or CDL and is medically certified as physically qualified to do | ||||||
12 | so. | ||||||
13 | (b) No person who has certified to non-excepted interstate | ||||||
14 | driving as provided in Sections 6-507.5 and Section 6-508 of | ||||||
15 | this Code shall be issued a commercial learner's driver | ||||||
16 | instruction permit or CDL unless that person presents to the | ||||||
17 | Secretary a medical examiner's certificate or has a current | ||||||
18 | medical examiner's certificate on the CDLIS driver record. | ||||||
19 | (c) Persons who hold a commercial driver instruction permit | ||||||
20 | or CDL on January 30, 2012 who have certified as non-excepted | ||||||
21 | interstate as provided in Section 6-508 of this Code must | ||||||
22 | provide to the Secretary a medical examiner's certificate no | ||||||
23 | later than January 30, 2014. | ||||||
24 | (d) On and after As of January 30, 2014, all persons who | ||||||
25 | hold a commercial driver instruction permit or CDL who have |
| |||||||
| |||||||
1 | certified as non-excepted interstate shall maintain a current | ||||||
2 | medical examiner's certificate on file with the Secretary. On | ||||||
3 | and after July 1, 2014, all persons issued a CLP who have | ||||||
4 | certified as non-excepted interstate shall maintain a current | ||||||
5 | medical examiner's certificate on file with the Secretary. | ||||||
6 | (e) Within 10 calendar days of receipt of a medical | ||||||
7 | examiner's certificate of a driver who has certified as | ||||||
8 | non-excepted interstate, the Secretary shall post the | ||||||
9 | following 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 | ||||||
26 | of the driver's medical examiner's certificate or medical |
| |||||||
| |||||||
1 | variance or both, the Secretary shall update the medical | ||||||
2 | certification status to "not certified". | ||||||
3 | (g) Within 10 calendar days of receipt of information from | ||||||
4 | the Federal Motor Carrier Safety Administration regarding | ||||||
5 | issuance or renewal of a medical variance, the Secretary shall | ||||||
6 | update the CDLIS driver record to include the medical variance | ||||||
7 | information provided by the Federal Motor Carrier Safety | ||||||
8 | Administration. | ||||||
9 | (h) The Secretary shall notify the driver of his or her | ||||||
10 | non-certified status and that his or her CDL will be canceled | ||||||
11 | unless the driver submits a current medical examiner's | ||||||
12 | certificate or medical variance or changes his or her | ||||||
13 | self-certification to driving only in excepted or intrastate | ||||||
14 | commerce. | ||||||
15 | (i) Within 60 calendar days of a driver's medical | ||||||
16 | certification status becoming non-certified, the Secretary | ||||||
17 | shall 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 | ||||||
21 | non-domiciled Non-resident commercial driver's license. | ||||||
22 | (a) The Secretary
of State may issue a non-domiciled CLP or | ||||||
23 | non-domiciled non-resident CDL to a domiciliary of a foreign
| ||||||
24 | jurisdiction if the United States Secretary of Transportation | ||||||
25 | has
determined that the commercial motor vehicle testing and |
| |||||||
| |||||||
1 | licensing
standards, in that foreign jurisdiction, do not meet | ||||||
2 | the testing standards
established in 49 C.F.R. Part 383. The | ||||||
3 | Secretary of State may also issue a non-resident CDL to an | ||||||
4 | individual domiciled in another state while that state is | ||||||
5 | prohibited from issuing CDLs in accordance with 49 C.F.R. Part | ||||||
6 | 384. A non-domiciled CLP or non-domiciled non-resident CDL | ||||||
7 | shall be issued in accordance with the testing and licensing | ||||||
8 | standards contained in subparts F, G, and H of 49 C.F.R. Part | ||||||
9 | 383. The word "Non-domiciled" "Non-resident" must appear on
the | ||||||
10 | face of the non-domiciled CLP or non-domiciled non-resident | ||||||
11 | CDL. A driver applicant must surrender any
non-domiciled CLP or | ||||||
12 | non-domiciled non-resident CDL, license or permit issued by any | ||||||
13 | other state.
| ||||||
14 | (b) If an individual is domiciled in a state while that | ||||||
15 | state is prohibited from issuing CDLs in accordance with 49 | ||||||
16 | C.F.R. Part 384.405, that individual is eligible to obtain a | ||||||
17 | non-domiciled CLP or non-domiciled non-resident CDL from any | ||||||
18 | state that elects to issue a non-domiciled CLP or non-domiciled | ||||||
19 | non-resident CDL and which complies with the testing and | ||||||
20 | licensing standards contained in subparts F, G, and H of 49 | ||||||
21 | C.F.R. Part 383.23.
"Non-domiciled" must appear on the face of | ||||||
22 | the non-domiciled CLP or non-domiciled CDL. A driver applicant | ||||||
23 | must surrender any non-domiciled CLP or non-domiciled CDL | ||||||
24 | issued in any other state. | ||||||
25 | (Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
|
| |||||||
| |||||||
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 | ||||||
4 | instruction permit,
must include, but is not necessarily be | ||||||
5 | limited 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
|
| |||||||
| |||||||
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
| ||||||
16 | notify the Driver Services Department of the
Secretary of
| ||||||
17 | State's Office within 10 days of any change in
domiciliary | ||||||
18 | address.
In addition, the such person shall make application | ||||||
19 | for a corrected CLP or CDL within
30 days after the of any such | ||||||
20 | change.
| ||||||
21 | (b) Any person to whom a CLP or CDL has been issued whose | ||||||
22 | legal name has changed
from the name on the previously-issued | ||||||
23 | CLP or CDL shall apply for a corrected card
within 30 days | ||||||
24 | after the change.
| ||||||
25 | (Source: P.A. 93-895, eff. 1-1-05.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
| ||||||
2 | Sec. 6-512.
Unlawful operation of a commercial motor | ||||||
3 | vehicle
pursuant to a non-Illinois issued CLP or CDL. No | ||||||
4 | person, after becoming a
domiciliary of this State for 30 days | ||||||
5 | or
more, shall drive a commercial motor vehicle on the highways | ||||||
6 | of this State
pursuant to the authority of a CLP or CDL issued | ||||||
7 | by 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 | ||||||
12 | limited 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; |
| |||||||
| |||||||
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 | ||||||
10 | prominent statement that the permit is a "Non-domiciled | ||||||
11 | Commercial Learner's Permit" or "Non-domiciled CLP". | ||||||
12 | (c) Applicant Record Check. Prior to issuing, renewing, | ||||||
13 | upgrading, or transferring a CLP, the Secretary of State shall | ||||||
14 | obtain, review, and maintain upon issuance, renewal, upgrade, | ||||||
15 | or transfer the driver applicant's driving record as required | ||||||
16 | by 49 C.F.R. Parts 383 and 384 and the United States Secretary | ||||||
17 | of Transportation. | ||||||
18 | (d) Notification of Commercial Learner's Permit (CLP) | ||||||
19 | Issuance and Self-Certification. Within 10 days after issuing a | ||||||
20 | CLP, the Secretary of State must notify the Commercial Driver | ||||||
21 | License Information System of that fact, and provide all | ||||||
22 | information required to ensure identification of the person. | ||||||
23 | The Secretary shall also post the driver's self-certification | ||||||
24 | for the type of driving operations to the CDLIS driver record.
| ||||||
25 | (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
|
| |||||||
| |||||||
1 | Sec. 6-513. Commercial Driver's License or CDL. The content | ||||||
2 | of the CDL
shall include, but is not necessarily be limited to | ||||||
3 | the following:
| ||||||
4 | (a) A CDL shall be distinctly marked "Commercial Driver's | ||||||
5 | License" or
"CDL". It must include, but is not necessarily be | ||||||
6 | limited 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 | ||||||
26 | prominent statement that the license is a "Non-domiciled |
| |||||||
| |||||||
1 | Commercial Driver's License" or "Non-domiciled CDL". | ||||||
2 | (b) Applicant Record Check.
| ||||||
3 | Prior to issuing, renewing, upgrading, or transferring a | ||||||
4 | CDL, the Secretary of State shall
obtain, review, and maintain | ||||||
5 | upon issuance, renewal, upgrade, or transfer the driver
| ||||||
6 | applicant's driving record as required by 49 C.F.R. Part 383 | ||||||
7 | and Part 384
and the United States Secretary of Transportation.
| ||||||
8 | (c) Notification of Commercial Driver's License (CDL) | ||||||
9 | Issuance and Self-Certification.
| ||||||
10 | Within 10 days after issuing a CDL, the Secretary of State | ||||||
11 | must notify
the Commercial Driver License Information System of | ||||||
12 | that fact, and provide
all information required to ensure | ||||||
13 | identification of the person.
The Secretary shall also post the | ||||||
14 | driver's self-certification for the type of driving operations | ||||||
15 | to the CDLIS driver record.
| ||||||
16 | (c-5) Change in driver identification information. | ||||||
17 | Within 10 days of any change of driver identification | ||||||
18 | information on any CDL holder, the Secretary of State must | ||||||
19 | notify the Commercial Driver License Information System of the | ||||||
20 | change.
| ||||||
21 | (d) Renewal.
| ||||||
22 | Every person applying for a renewal of a CDL must complete | ||||||
23 | the
appropriate application form required by this Code and any | ||||||
24 | other test
deemed necessary by the Secretary.
| ||||||
25 | (Source: P.A. 97-208, eff. 1-1-12.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
2 | Sec. 6-514. Commercial Driver's License (CDL) - | ||||||
3 | Disqualifications.
| ||||||
4 | (a) A person shall be disqualified from driving a | ||||||
5 | commercial motor
vehicle for a period of not less than 12 | ||||||
6 | months 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
23 | conviction of any of
the offenses specified in paragraph (a), | ||||||
24 | or any combination of those
offenses, arising from 2 or more | ||||||
25 | separate incidents.
| ||||||
26 | (c) A person is disqualified from driving a commercial |
| |||||||
| |||||||
1 | motor vehicle for
life if the person either (i) uses a | ||||||
2 | commercial motor vehicle in the commission of any felony
| ||||||
3 | involving the manufacture, distribution, or dispensing of a | ||||||
4 | controlled
substance, or possession with intent to | ||||||
5 | manufacture, distribute or dispense
a controlled substance or | ||||||
6 | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||||||
7 | commission of a felony involving any of those activities.
| ||||||
8 | (d) The Secretary of State may, when the United States | ||||||
9 | Secretary of
Transportation so authorizes, issue regulations | ||||||
10 | in which a disqualification
for life under paragraph (b) may be | ||||||
11 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
12 | driver is subsequently convicted of another disqualifying
| ||||||
13 | offense, as specified in subsection (a) of this Section, he or | ||||||
14 | she shall be
permanently disqualified for life and shall be | ||||||
15 | ineligible to again apply for a
reduction of the lifetime | ||||||
16 | disqualification.
| ||||||
17 | (e) A person is disqualified from driving a commercial | ||||||
18 | motor vehicle for
a period of not less than 2 months if | ||||||
19 | convicted of 2 serious traffic
violations, committed in a | ||||||
20 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
21 | or any combination thereof, arising from separate
incidents, | ||||||
22 | occurring within a 3 year period, provided the serious traffic | ||||||
23 | violation committed in a non-CMV would result in the suspension | ||||||
24 | or revocation of the CLP or CDL holder's non-CMV privileges. | ||||||
25 | However, a person will be
disqualified from driving a | ||||||
26 | commercial motor vehicle for a period of not less
than 4 months |
| |||||||
| |||||||
1 | if convicted of 3 serious traffic violations, committed in a
| ||||||
2 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
3 | or any combination thereof, arising from separate incidents, | ||||||
4 | occurring within a 3
year period, provided the serious traffic | ||||||
5 | violation committed in a non-CMV would result in the suspension | ||||||
6 | or revocation of the CLP or CDL holder's non-CMV privileges. If | ||||||
7 | all the convictions occurred in a non-CMV, the disqualification | ||||||
8 | shall be entered only if the convictions would result in the | ||||||
9 | suspension or revocation of the CLP or CDL holder's non-CMV | ||||||
10 | privileges.
| ||||||
11 | (e-1) (Blank).
| ||||||
12 | (f) Notwithstanding any other provision of this Code, any | ||||||
13 | driver
disqualified from operating a commercial motor vehicle, | ||||||
14 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
15 | of commercial driving
privileges during any such period of | ||||||
16 | disqualification.
| ||||||
17 | (g) After suspending, revoking, or cancelling a CLP or CDL | ||||||
18 | commercial driver's
license , the Secretary of State must update | ||||||
19 | the driver's records to reflect
such action within 10 days. | ||||||
20 | After suspending or revoking the driving privilege
of any | ||||||
21 | person who has been issued a CLP or CDL or commercial driver | ||||||
22 | instruction permit
from another jurisdiction, the Secretary | ||||||
23 | shall originate notification to
such issuing jurisdiction | ||||||
24 | within 10 days.
| ||||||
25 | (h) The "disqualifications" referred to in this Section | ||||||
26 | shall not be
imposed upon any commercial motor vehicle driver, |
| |||||||
| |||||||
1 | by the Secretary of
State, unless the prohibited action(s) | ||||||
2 | occurred after March 31, 1992.
| ||||||
3 | (i) A person is disqualified from driving a commercial | ||||||
4 | motor 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 |
| |||||||
| |||||||
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
| ||||||
13 | violation.
| ||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
22 | commercial motor vehicle privileges imposed by the U.S. | ||||||
23 | Department of Transportation, Federal Motor Carrier Safety | ||||||
24 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
25 | Secretary of State shall immediately record to the driving | ||||||
26 | record the notice of disqualification and confirm to the driver |
| |||||||
| |||||||
1 | the action that has been taken.
| ||||||
2 | (Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10; | ||||||
3 | 96-1244, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1150, eff. | ||||||
4 | 1-25-13.)
| ||||||
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 | ||||||
8 | conviction, or other verified evidence,
of any driver who has | ||||||
9 | been issued a CLP or CDL by another State, for a violation
of | ||||||
10 | any law or local ordinance of this State, relating to motor
| ||||||
11 | vehicle traffic control, other than parking violations, | ||||||
12 | committed in any motor vehicle, the Secretary of State must | ||||||
13 | notify the driver
licensing authority which issued such CLP or | ||||||
14 | CDL of said conviction.
| ||||||
15 | (b) Within 5 days after
receiving a report of an Illinois | ||||||
16 | conviction, or other verified evidence,
of any driver from | ||||||
17 | another state, for a violation
of any law or local ordinance of | ||||||
18 | this State, relating to motor
vehicle traffic control, other | ||||||
19 | than parking violations, committed in a commercial motor | ||||||
20 | vehicle, the Secretary of State must notify the driver
| ||||||
21 | licensing authority which issued the person's driver's license | ||||||
22 | of 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)
|
| |||||||
| |||||||
1 | Sec. 6-523. Reciprocity. | ||||||
2 | (a) Notwithstanding any law to the contrary, a
person may | ||||||
3 | drive a commercial motor vehicle in this State if the such | ||||||
4 | person has
a valid CDL, non-domiciled CDL, CLP, or | ||||||
5 | non-domiciled CLP commercial driver's license or CDL | ||||||
6 | instruction permit issued by
another State or foreign | ||||||
7 | jurisdiction as long as that such person has not been
an | ||||||
8 | established domiciliary of this State for 30 days or more.
| ||||||
9 | (b) The Secretary of State shall give out of state | ||||||
10 | convictions full
faith and credit and treat them for | ||||||
11 | sanctioning purposes, under this UCDLA,
just as if they | ||||||
12 | occurred in this State.
| ||||||
13 | (c) A CLP or CDL issued by this State or any other state | ||||||
14 | before the date on and after which the state is prohibited from | ||||||
15 | issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid | ||||||
16 | until 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 | ||||||
21 | authority in a
party state shall ascertain whether the | ||||||
22 | applicant has ever held, or is the
holder of a license to drive | ||||||
23 | issued by any other party state. The licensing
authority in the | ||||||
24 | state where application is made shall not issue a license
to | ||||||
25 | drive to the applicant if:
|
| |||||||
| |||||||
1 | 1. The applicant has held such a license, but the same has | ||||||
2 | been
suspended by reason, in whole or in part, of a violation | ||||||
3 | and if such
suspension period has not terminated.
| ||||||
4 | 2. The applicant has held such a license, but the same has | ||||||
5 | been revoked
by reason, in whole or in part, of a violation and | ||||||
6 | if such revocation has
not terminated, except that after the | ||||||
7 | expiration of one year from the date
the license was revoked, | ||||||
8 | such person may make application for a new license
if permitted | ||||||
9 | by law. The licensing authority may refuse to issue a license
| ||||||
10 | to any such applicant if, after investigation, the licensing | ||||||
11 | authority
determines that it will not be safe to grant to such | ||||||
12 | person the privilege
of driving a motor vehicle on the public | ||||||
13 | highways.
| ||||||
14 | 3. The applicant is the holder of a license to drive issued | ||||||
15 | by another
party state and currently in force unless the | ||||||
16 | applicant surrenders this such
license , except that if an | ||||||
17 | applicant is applying only for a non-domiciled commercial | ||||||
18 | learner's permit or non-domiciled commercial driver's license, | ||||||
19 | the applicant is not required to surrender the license issued | ||||||
20 | by 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 | ||||||
24 | repealing Section 1-111.5.
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
2 | 2014.".
|