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

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-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-111.6, 1-115.3, 1-204.4, 2-119, 6-101, 6-118,
66-201, 6-204, 6-207, 6-500, 6-502, 6-503, 6-506, 6-507, 6-508,
76-508.1, 6-509, 6-510, 6-511, 6-512, 6-513, 6-514, 6-518,
86-523, and 6-704 and by adding Sections 1-110.1a, 1-111.7a,
91-148.5a, 6-507.5, and 6-512.5 as follows:
10 (625 ILCS 5/1-110.1a new)
11 Sec. 1-110.1a. CDL Driver. A person holding a CDL or a
12person required to hold a CDL.
13 (625 ILCS 5/1-111.6)
14 Sec. 1-111.6. Commercial driver's license (CDL). A license
15issued to an individual by a state or other jurisdiction of
16domicile, in accordance with the standards contained in 49
17C.F.R. Part 383, to an individual which authorizes the
18individual to operate a class of a commercial motor vehicle.
19(Source: P.A. 95-382, eff. 8-23-07.)
20 (625 ILCS 5/1-111.7a new)
21 Sec. 1-111.7a. Commercial Learner's Permit (CLP). A permit

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1issued to an individual by a state or other jurisdiction of
2domicile, in accordance with the standards contained in 49
3C.F.R. Part 383, which, when carried with a valid driver's
4license issued by the same state or jurisdiction of domicile,
5authorizes the individual to operate a class of commercial
6motor vehicle when accompanied by a holder of a valid CDL for
7purposes of behind-the-wheel training. When issued to a CDL
8holder, a CLP serves as authorization for accompanied
9behind-the-wheel training in a commercial motor vehicle for
10which the holder's current CDL is not valid.
11 (625 ILCS 5/1-115.3)
12 Sec. 1-115.3. Disqualification. Disqualification means any
13of the following 3 actions:
14 (a) The suspension, revocation, or cancellation of a CLP or
15CDL by the State or jurisdiction of issuance.
16 (b) Any withdrawal of a person's privileges to drive a
17commercial motor vehicle by a State or other jurisdiction as a
18result of a violation of State or local law relating to motor
19vehicle traffic control (other than parking, vehicle weight or
20vehicle defect violations).
21 (c) A determination by the Federal Motor Carrier Safety
22Administration that a person is not qualified to operate a
23commercial motor vehicle under 49 C.F.R. Part 391.
24(Source: P.A. 94-307, eff. 9-30-05.)

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1 (625 ILCS 5/1-148.5a new)
2 Sec. 1-148.5a. Non-CDL. Any other type of motor vehicle
3license, such as an automobile driver's license or a motorcycle
4license.
5 (625 ILCS 5/1-204.4)
6 Sec. 1-204.4. Tank vehicle. Any commercial motor vehicle
7that is designed to transport any liquid or gaseous material
8within a tank or tanks having an individual rated capacity of
9more than 119 gallons and an aggregate rated capacity of 1,000
10gallons or more that is either permanently or temporarily
11attached to the vehicle or the chassis. A commercial motor
12vehicle transporting an empty storage container tank, not
13designed for transportation, with a rated capacity of 1,000
14gallons or more that is temporarily attached to a flatbed
15trailer is not considered a tank vehicle. Those vehicles
16include, but are not limited to, cargo tanks and portable
17tanks, as defined in 49 C.F.R. Part 171. However, for the
18purposes of Article V of Chapter 6 of this Code, this
19definition does not include portable tanks having a rated
20capacity of less than 1,000 gallons.
21(Source: P.A. 90-89, eff. 1-1-98.)
22 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
23 Sec. 2-119. Disposition of fees and taxes.
24 (a) All moneys received from Salvage Certificates shall be

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1deposited in the Common School Fund in the State Treasury.
2 (b) Beginning January 1, 1990 and concluding December 31,
31994, of the money collected for each certificate of title,
4duplicate certificate of title and corrected certificate of
5title, $0.50 shall be deposited into the Used Tire Management
6Fund. Beginning January 1, 1990 and concluding December 31,
71994, of the money collected for each certificate of title,
8duplicate certificate of title and corrected certificate of
9title, $1.50 shall be deposited in the Park and Conservation
10Fund.
11 Beginning January 1, 1995, of the money collected for each
12certificate of title, duplicate certificate of title and
13corrected certificate of title, $3.25 shall be deposited in the
14Park and Conservation Fund. The moneys deposited in the Park
15and Conservation Fund pursuant to this Section shall be used
16for the acquisition and development of bike paths as provided
17for in Section 805-420 of the Department of Natural Resources
18(Conservation) Law (20 ILCS 805/805-420). The monies deposited
19into the Park and Conservation Fund under this subsection shall
20not be subject to administrative charges or chargebacks unless
21otherwise authorized by this Act.
22 Beginning January 1, 2000, of the moneys collected for each
23certificate of title, duplicate certificate of title, and
24corrected certificate of title, $48 shall be deposited into the
25Road Fund and $4 shall be deposited into the Motor Vehicle
26License Plate Fund, except that if the balance in the Motor

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1Vehicle License Plate Fund exceeds $40,000,000 on the last day
2of a calendar month, then during the next calendar month the $4
3shall instead be deposited into the Road Fund.
4 Beginning January 1, 2005, of the moneys collected for each
5delinquent vehicle registration renewal fee, $20 shall be
6deposited into the General Revenue Fund.
7 Except as otherwise provided in this Code, all remaining
8moneys collected for certificates of title, and all moneys
9collected for filing of security interests, shall be placed in
10the General Revenue Fund in the State Treasury.
11 (c) All moneys collected for that portion of a driver's
12license fee designated for driver education under Section 6-118
13shall be placed in the Driver Education Fund in the State
14Treasury.
15 (d) Beginning January 1, 1999, of the monies collected as a
16registration fee for each motorcycle, motor driven cycle and
17moped, 27% of each annual registration fee for such vehicle and
1827% of each semiannual registration fee for such vehicle is
19deposited in the Cycle Rider Safety Training Fund.
20 (e) Of the monies received by the Secretary of State as
21registration fees or taxes or as payment of any other fee, as
22provided in this Act, except fees received by the Secretary
23under paragraph (7) of subsection (b) of Section 5-101 and
24Section 5-109 of this Code, 37% shall be deposited into the
25State Construction Fund.
26 (f) Of the total money collected for a commercial learner's

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1permit (CLP) CDL instruction permit or original or renewal
2issuance of a commercial driver's license (CDL) pursuant to the
3Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the
4total fee for an original or renewal CDL, and $6 of the total
5CLP CDL instruction permit fee when such permit is issued to
6any person holding a valid Illinois driver's license, shall be
7paid into the CDLIS/AAMVAnet Trust Fund (Commercial Driver's
8License Information System/American Association of Motor
9Vehicle Administrators network Trust Fund) and shall be used
10for the purposes provided in Section 6z-23 of the State Finance
11Act and (ii) $20 of the total fee for an original or renewal
12CDL or CLP commercial driver instruction permit shall be paid
13into the Motor Carrier Safety Inspection Fund, which is hereby
14created as a special fund in the State Treasury, to be used by
15the Department of State Police, subject to appropriation, to
16hire additional officers to conduct motor carrier safety
17inspections pursuant to Chapter 18b of this Code.
18 (g) All remaining moneys received by the Secretary of State
19as registration fees or taxes or as payment of any other fee,
20as provided in this Act, except fees received by the Secretary
21under paragraph (7)(A) of subsection (b) of Section 5-101 and
22Section 5-109 of this Code, shall be deposited in the Road Fund
23in the State Treasury. Moneys in the Road Fund shall be used
24for the purposes provided in Section 8.3 of the State Finance
25Act.
26 (h) (Blank).

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1 (i) (Blank).
2 (j) (Blank).
3 (k) There is created in the State Treasury a special fund
4to be known as the Secretary of State Special License Plate
5Fund. Money deposited into the Fund shall, subject to
6appropriation, be used by the Office of the Secretary of State
7(i) to help defray plate manufacturing and plate processing
8costs for the issuance and, when applicable, renewal of any new
9or existing registration plates authorized under this Code and
10(ii) for grants made by the Secretary of State to benefit
11Illinois Veterans Home libraries.
12 On or before October 1, 1995, the Secretary of State shall
13direct the State Comptroller and State Treasurer to transfer
14any unexpended balance in the Special Environmental License
15Plate Fund, the Special Korean War Veteran License Plate Fund,
16and the Retired Congressional License Plate Fund to the
17Secretary of State Special License Plate Fund.
18 (l) The Motor Vehicle Review Board Fund is created as a
19special fund in the State Treasury. Moneys deposited into the
20Fund under paragraph (7) of subsection (b) of Section 5-101 and
21Section 5-109 shall, subject to appropriation, be used by the
22Office of the Secretary of State to administer the Motor
23Vehicle Review Board, including without limitation payment of
24compensation and all necessary expenses incurred in
25administering the Motor Vehicle Review Board under the Motor
26Vehicle Franchise Act.

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1 (m) Effective July 1, 1996, there is created in the State
2Treasury a special fund to be known as the Family
3Responsibility Fund. Moneys deposited into the Fund shall,
4subject to appropriation, be used by the Office of the
5Secretary of State for the purpose of enforcing the Family
6Financial Responsibility Law.
7 (n) The Illinois Fire Fighters' Memorial Fund is created as
8a special fund in the State Treasury. Moneys deposited into the
9Fund shall, subject to appropriation, be used by the Office of
10the State Fire Marshal for construction of the Illinois Fire
11Fighters' Memorial to be located at the State Capitol grounds
12in Springfield, Illinois. Upon the completion of the Memorial,
13moneys in the Fund shall be used in accordance with Section
143-634.
15 (o) Of the money collected for each certificate of title
16for all-terrain vehicles and off-highway motorcycles, $17
17shall be deposited into the Off-Highway Vehicle Trails Fund.
18 (p) For audits conducted on or after July 1, 2003 pursuant
19to Section 2-124(d) of this Code, 50% of the money collected as
20audit fees shall be deposited into the General Revenue Fund.
21(Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
22 (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
23 Sec. 6-101. Drivers must have licenses or permits.
24 (a) No person, except those expressly exempted by Section
256-102, shall drive any motor vehicle upon a highway in this

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1State unless such person has a valid license or permit, or a
2restricted driving permit, issued under the provisions of this
3Act.
4 (b) No person shall drive a motor vehicle unless he holds a
5valid license or permit, or a restricted driving permit issued
6under the provisions of Section 6-205, 6-206, or 6-113 of this
7Act. Any person to whom a license is issued under the
8provisions of this Act must surrender to the Secretary of State
9all valid licenses or permits, except that an applicant for a
10non-domiciled commercial learner's permit or commercial
11driver's license shall not be required to surrender a license
12or permit issued by the applicant's state or country of
13domicile. No drivers license or instruction permit shall be
14issued to any person who holds a valid Foreign State license,
15identification card, or permit unless such person first
16surrenders to the Secretary of State any such valid Foreign
17State license, identification card, or permit.
18 (b-5) Any person who commits a violation of subsection (a)
19or (b) of this Section is guilty of a Class A misdemeanor, if
20at the time of the violation the person's driver's license or
21permit was cancelled under clause (a)9 of Section 6-201 of this
22Code.
23 (c) Any person licensed as a driver hereunder shall not be
24required by any city, village, incorporated town or other
25municipal corporation to obtain any other license to exercise
26the privilege thereby granted.

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1 (d) In addition to other penalties imposed under this
2Section, any person in violation of this Section who is also in
3violation of Section 7-601 of this Code relating to mandatory
4insurance requirements shall have his or her motor vehicle
5immediately impounded by the arresting law enforcement
6officer. The motor vehicle may be released to any licensed
7driver upon a showing of proof of insurance for the motor
8vehicle that was impounded and the notarized written consent
9for the release by the vehicle owner.
10 (e) In addition to other penalties imposed under this
11Section, the vehicle of any person in violation of this Section
12who is also in violation of Section 7-601 of this Code relating
13to mandatory insurance requirements and who, in violating this
14Section, has caused death or personal injury to another person
15is subject to forfeiture under Sections 36-1 and 36-2 of the
16Criminal Code of 2012. For the purposes of this Section, a
17personal injury shall include any type A injury as indicated on
18the traffic accident report completed by a law enforcement
19officer that requires immediate professional attention in
20either a doctor's office or a medical facility. A type A injury
21shall include severely bleeding wounds, distorted extremities,
22and injuries that require the injured party to be carried from
23the scene.
24(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13.)
25 (625 ILCS 5/6-118)

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1 Sec. 6-118. Fees.
2 (a) The fee for licenses and permits under this Article is
3as follows:
4 Original driver's license.............................$30
5 Original or renewal driver's license
6 issued to 18, 19 and 20 year olds.................. 5
7 All driver's licenses for persons
8 age 69 through age 80.............................. 5
9 All driver's licenses for persons
10 age 81 through age 86.............................. 2
11 All driver's licenses for persons
12 age 87 or older.....................................0
13 Renewal driver's license (except for
14 applicants ages 18, 19 and 20 or
15 age 69 and older)..................................30
16 Original instruction permit issued to
17 persons (except those age 69 and older)
18 who do not hold or have not previously
19 held an Illinois instruction permit or
20 driver's license.................................. 20
21 Instruction permit issued to any person
22 holding an Illinois driver's license
23 who wishes a change in classifications,
24 other than at the time of renewal.................. 5
25 Any instruction permit issued to a person
26 age 69 and older................................... 5

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1 Instruction permit issued to any person,
2 under age 69, not currently holding a
3 valid Illinois driver's license or
4 instruction permit but who has
5 previously been issued either document
6 in Illinois....................................... 10
7 Restricted driving permit.............................. 8
8 Monitoring device driving permit...................... 8
9 Duplicate or corrected driver's license
10 or permit.......................................... 5
11 Duplicate or corrected restricted
12 driving permit..................................... 5
13 Duplicate or corrected monitoring
14 device driving permit.................................. 5
15 Duplicate driver's license or permit issued to
16 an active-duty member of the
17 United States Armed Forces,
18 the member's spouse, or
19 the dependent children living
20 with the member................................... 0
21 Original or renewal M or L endorsement................. 5
22SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
23 The fees for commercial driver licenses and permits
24 under Article V shall be as follows:
25 Commercial driver's license:
26 $6 for the CDLIS/AAMVAnet Trust Fund

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1 (Commercial Driver's License Information
2 System/American Association of Motor Vehicle
3 Administrators network Trust Fund);
4 $20 for the Motor Carrier Safety Inspection Fund;
5 $10 for the driver's license;
6 and $24 for the CDL:............................. $60
7 Renewal commercial driver's license:
8 $6 for the CDLIS/AAMVAnet Trust Fund;
9 $20 for the Motor Carrier Safety Inspection Fund;
10 $10 for the driver's license; and
11 $24 for the CDL:................................. $60
12 Commercial learner's driver instruction permit
13 issued to any person holding a valid
14 Illinois driver's license for the
15 purpose of changing to a
16 CDL classification: $6 for the
17 CDLIS/AAMVAnet Trust Fund;
18 $20 for the Motor Carrier
19 Safety Inspection Fund; and
20 $24 for the CDL classification................... $50
21 Commercial learner's driver instruction permit
22 issued to any person holding a valid
23 Illinois CDL for the purpose of
24 making a change in a classification,
25 endorsement or restriction........................ $5
26 CDL duplicate or corrected license.................... $5

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1 In order to ensure the proper implementation of the Uniform
2Commercial Driver License Act, Article V of this Chapter, the
3Secretary of State is empowered to pro-rate the $24 fee for the
4commercial driver's license proportionate to the expiration
5date of the applicant's Illinois driver's license.
6 The fee for any duplicate license or permit shall be waived
7for any person who presents the Secretary of State's office
8with a police report showing that his license or permit was
9stolen.
10 The fee for any duplicate license or permit shall be waived
11for any person age 60 or older whose driver's license or permit
12has been lost or stolen.
13 No additional fee shall be charged for a driver's license,
14or for a commercial driver's license, when issued to the holder
15of an instruction permit for the same classification or type of
16license who becomes eligible for such license.
17 (b) Any person whose license or privilege to operate a
18motor vehicle in this State has been suspended or revoked under
19Section 3-707, any provision of Chapter 6, Chapter 11, or
20Section 7-205, 7-303, or 7-702 of the Family Financial
21Responsibility Law of this Code, shall in addition to any other
22fees required by this Code, pay a reinstatement fee as follows:
23 Suspension under Section 3-707..................... $100
24 Summary suspension under Section 11-501.1...........$250
25 Summary revocation under Section 11-501.1............$500
26 Other suspension......................................$70

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1 Revocation...........................................$500
2 However, any person whose license or privilege to operate a
3motor vehicle in this State has been suspended or revoked for a
4second or subsequent time for a violation of Section 11-501 or
511-501.1 of this Code or a similar provision of a local
6ordinance or a similar out-of-state offense or Section 9-3 of
7the Criminal Code of 1961 or the Criminal Code of 2012 and each
8suspension or revocation was for a violation of Section 11-501
9or 11-501.1 of this Code or a similar provision of a local
10ordinance or a similar out-of-state offense or Section 9-3 of
11the Criminal Code of 1961 or the Criminal Code of 2012 shall
12pay, in addition to any other fees required by this Code, a
13reinstatement fee as follows:
14 Summary suspension under Section 11-501.1............$500
15 Summary revocation under Section 11-501.1............$500
16 Revocation...........................................$500
17 (c) All fees collected under the provisions of this Chapter
186 shall be paid into the Road Fund in the State Treasury except
19as follows:
20 1. The following amounts shall be paid into the Driver
21 Education Fund:
22 (A) $16 of the $20 fee for an original driver's
23 instruction permit;
24 (B) $5 of the $30 fee for an original driver's
25 license;
26 (C) $5 of the $30 fee for a 4 year renewal driver's

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1 license;
2 (D) $4 of the $8 fee for a restricted driving
3 permit; and
4 (E) $4 of the $8 fee for a monitoring device
5 driving permit.
6 2. $30 of the $250 fee for reinstatement of a license
7 summarily suspended under Section 11-501.1 shall be
8 deposited into the Drunk and Drugged Driving Prevention
9 Fund. However, for a person whose license or privilege to
10 operate a motor vehicle in this State has been suspended or
11 revoked for a second or subsequent time for a violation of
12 Section 11-501 or 11-501.1 of this Code or Section 9-3 of
13 the Criminal Code of 1961 or the Criminal Code of 2012,
14 $190 of the $500 fee for reinstatement of a license
15 summarily suspended under Section 11-501.1, and $190 of the
16 $500 fee for reinstatement of a revoked license shall be
17 deposited into the Drunk and Drugged Driving Prevention
18 Fund. $190 of the $500 fee for reinstatement of a license
19 summarily revoked pursuant to Section 11-501.1 shall be
20 deposited into the Drunk and Drugged Driving Prevention
21 Fund.
22 3. $6 of the such original or renewal fee for a
23 commercial driver's license and $6 of the commercial
24 learner's driver instruction permit fee when the such
25 permit is issued to any person holding a valid Illinois
26 driver's license, shall be paid into the CDLIS/AAMVAnet

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1 Trust Fund.
2 4. $30 of the $70 fee for reinstatement of a license
3 suspended under the Family Financial Responsibility Law
4 shall be paid into the Family Responsibility Fund.
5 5. The $5 fee for each original or renewal M or L
6 endorsement shall be deposited into the Cycle Rider Safety
7 Training Fund.
8 6. $20 of any original or renewal fee for a commercial
9 driver's license or commercial learner's driver
10 instruction permit shall be paid into the Motor Carrier
11 Safety Inspection Fund.
12 7. The following amounts shall be paid into the General
13 Revenue Fund:
14 (A) $190 of the $250 reinstatement fee for a
15 summary suspension under Section 11-501.1;
16 (B) $40 of the $70 reinstatement fee for any other
17 suspension provided in subsection (b) of this Section;
18 and
19 (C) $440 of the $500 reinstatement fee for a first
20 offense revocation and $310 of the $500 reinstatement
21 fee for a second or subsequent revocation.
22 (d) All of the proceeds of the additional fees imposed by
23this amendatory Act of the 96th General Assembly shall be
24deposited into the Capital Projects Fund.
25 (e) The additional fees imposed by this amendatory Act of
26the 96th General Assembly shall become effective 90 days after

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1becoming law.
2 (f) As used in this Section, "active-duty member of the
3United States Armed Forces" means a member of the Armed
4Services or Reserve Forces of the United States or a member of
5the Illinois National Guard who is called to active duty
6pursuant to an executive order of the President of the United
7States, an act of the Congress of the United States, or an
8order of the Governor.
9(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09;
1096-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff.
118-12-11; 97-1150, eff. 1-25-13.)
12 (625 ILCS 5/6-201)
13 Sec. 6-201. Authority to cancel licenses and permits.
14 (a) The Secretary of State is authorized to cancel any
15license or permit upon determining that the holder thereof:
16 1. was not entitled to the issuance thereof hereunder;
17 or
18 2. failed to give the required or correct information
19 in his application; or
20 3. failed to pay any fees, civil penalties owed to the
21 Illinois Commerce Commission, or taxes due under this Act
22 and upon reasonable notice and demand; or
23 4. committed any fraud in the making of such
24 application; or
25 5. is ineligible therefor under the provisions of

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1 Section 6-103 of this Act, as amended; or
2 6. has refused or neglected to submit an alcohol, drug,
3 and intoxicating compound evaluation or to submit to
4 examination or re-examination as required under this Act;
5 or
6 7. has been convicted of violating the Cannabis Control
7 Act, the Illinois Controlled Substances Act, the
8 Methamphetamine Control and Community Protection Act, or
9 the Use of Intoxicating Compounds Act while that individual
10 was in actual physical control of a motor vehicle. For
11 purposes of this Section, any person placed on probation
12 under Section 10 of the Cannabis Control Act, Section 410
13 of the Illinois Controlled Substances Act, or Section 70 of
14 the Methamphetamine Control and Community Protection Act
15 shall not be considered convicted. Any person found guilty
16 of this offense, while in actual physical control of a
17 motor vehicle, shall have an entry made in the court record
18 by the judge that this offense did occur while the person
19 was in actual physical control of a motor vehicle and order
20 the clerk of the court to report the violation to the
21 Secretary of State as such. After the cancellation, the
22 Secretary of State shall not issue a new license or permit
23 for a period of one year after the date of cancellation.
24 However, upon application, the Secretary of State may, if
25 satisfied that the person applying will not endanger the
26 public safety, or welfare, issue a restricted driving

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1 permit granting the privilege of driving a motor vehicle
2 between the petitioner's residence and petitioner's place
3 of employment or within the scope of the petitioner's
4 employment related duties, or to allow transportation for
5 the petitioner or a household member of the petitioner's
6 family for the receipt of necessary medical care, or
7 provide transportation for the petitioner to and from
8 alcohol or drug remedial or rehabilitative activity
9 recommended by a licensed service provider, or for the
10 petitioner to attend classes, as a student, in an
11 accredited educational institution. The petitioner must
12 demonstrate that no alternative means of transportation is
13 reasonably available; provided that the Secretary's
14 discretion shall be limited to cases where undue hardship,
15 as defined by the rules of the Secretary of State, would
16 result from a failure to issue such restricted driving
17 permit. In each case the Secretary of State may issue such
18 restricted driving permit for such period as he deems
19 appropriate, except that such permit shall expire within
20 one year from the date of issuance. A restricted driving
21 permit issued hereunder shall be subject to cancellation,
22 revocation and suspension by the Secretary of State in like
23 manner and for like cause as a driver's license issued
24 hereunder may be cancelled, revoked or suspended; except
25 that a conviction upon one or more offenses against laws or
26 ordinances regulating the movement of traffic shall be

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1 deemed sufficient cause for the revocation, suspension or
2 cancellation of a restricted driving permit. The Secretary
3 of State may, as a condition to the issuance of a
4 restricted driving permit, require the applicant to
5 participate in a driver remedial or rehabilitative
6 program. In accordance with 49 C.F.R. 384, the Secretary of
7 State may not issue a restricted driving permit for the
8 operation of a commercial motor vehicle to a person holding
9 a CDL whose driving privileges have been revoked,
10 suspended, cancelled, or disqualified under this Code; or
11 8. failed to submit a report as required by Section
12 6-116.5 of this Code; or
13 9. has been convicted of a sex offense as defined in
14 the Sex Offender Registration Act. The driver's license
15 shall remain cancelled until the driver registers as a sex
16 offender as required by the Sex Offender Registration Act,
17 proof of the registration is furnished to the Secretary of
18 State and the sex offender provides proof of current
19 address to the Secretary; or
20 10. is ineligible for a license or permit under Section
21 6-107, 6-107.1, or 6-108 of this Code; or
22 11. refused or neglected to appear at a Driver Services
23 facility to have the license or permit corrected and a new
24 license or permit issued or to present documentation for
25 verification of identity; or
26 12. failed to submit a medical examiner's certificate

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1 or medical variance as required by 49 C.F.R. 383.71 or
2 submitted a fraudulent medical examiner's certificate or
3 medical variance; or
4 13. has had his or her medical examiner's certificate,
5 medical variance, or both removed or rescinded by the
6 Federal Motor Carrier Safety Administration; or
7 14. failed to self-certify as to the type of driving in
8 which the CDL driver engages or expects to engage; or
9 15. was convicted of fraud relating to the testing or
10 issuance of a CDL or CLP, in which case only the CDL or CLP
11 shall be cancelled. After cancellation, the Secretary
12 shall not issue a CLP or CDL for a period of one year from
13 the date of cancellation.
14 (b) Upon such cancellation the licensee or permittee must
15surrender the license or permit so cancelled to the Secretary
16of State.
17 (c) Except as provided in Sections 6-206.1 and 7-702.1, the
18Secretary of State shall have exclusive authority to grant,
19issue, deny, cancel, suspend and revoke driving privileges,
20drivers' licenses and restricted driving permits.
21 (d) The Secretary of State may adopt rules to implement
22this Section.
23(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
2497-813, eff. 7-13-12; 97-835, eff. 7-20-12.)
25 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)

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1 Sec. 6-204. When Court to forward License and Reports.
2 (a) For the purpose of providing to the Secretary of State
3the records essential to the performance of the Secretary's
4duties under this Code to cancel, revoke or suspend the
5driver's license and privilege to drive motor vehicles of
6certain minors adjudicated truant minors in need of
7supervision, addicted, or delinquent and of persons found
8guilty of the criminal offenses or traffic violations which
9this Code recognizes as evidence relating to unfitness to
10safely operate motor vehicles, the following duties are imposed
11upon public officials:
12 (1) Whenever any person is convicted of any offense for
13 which this Code makes mandatory the cancellation or
14 revocation of the driver's license or permit of such person
15 by the Secretary of State, the judge of the court in which
16 such conviction is had shall require the surrender to the
17 clerk of the court of all driver's licenses or permits then
18 held by the person so convicted, and the clerk of the court
19 shall, within 5 days thereafter, forward the same, together
20 with a report of such conviction, to the Secretary.
21 (2) Whenever any person is convicted of any offense
22 under this Code or similar offenses under a municipal
23 ordinance, other than regulations governing standing,
24 parking or weights of vehicles, and excepting the following
25 enumerated Sections of this Code: Sections 11-1406
26 (obstruction to driver's view or control), 11-1407

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1 (improper opening of door into traffic), 11-1410 (coasting
2 on downgrade), 11-1411 (following fire apparatus),
3 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
4 vehicle which is in unsafe condition or improperly
5 equipped), 12-201(a) (daytime lights on motorcycles),
6 12-202 (clearance, identification and side marker lamps),
7 12-204 (lamp or flag on projecting load), 12-205 (failure
8 to display the safety lights required), 12-401
9 (restrictions as to tire equipment), 12-502 (mirrors),
10 12-503 (windshields must be unobstructed and equipped with
11 wipers), 12-601 (horns and warning devices), 12-602
12 (mufflers, prevention of noise or smoke), 12-603 (seat
13 safety belts), 12-702 (certain vehicles to carry flares or
14 other warning devices), 12-703 (vehicles for oiling roads
15 operated on highways), 12-710 (splash guards and
16 replacements), 13-101 (safety tests), 15-101 (size, weight
17 and load), 15-102 (width), 15-103 (height), 15-104 (name
18 and address on second division vehicles), 15-107 (length of
19 vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
20 15-112 (weights), 15-301 (weights), 15-316 (weights),
21 15-318 (weights), and also excepting the following
22 enumerated Sections of the Chicago Municipal Code:
23 Sections 27-245 (following fire apparatus), 27-254
24 (obstruction of traffic), 27-258 (driving vehicle which is
25 in unsafe condition), 27-259 (coasting on downgrade),
26 27-264 (use of horns and signal devices), 27-265

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1 (obstruction to driver's view or driver mechanism), 27-267
2 (dimming of headlights), 27-268 (unattended motor
3 vehicle), 27-272 (illegal funeral procession), 27-273
4 (funeral procession on boulevard), 27-275 (driving freight
5 hauling vehicles on boulevard), 27-276 (stopping and
6 standing of buses or taxicabs), 27-277 (cruising of public
7 passenger vehicles), 27-305 (parallel parking), 27-306
8 (diagonal parking), 27-307 (parking not to obstruct
9 traffic), 27-308 (stopping, standing or parking
10 regulated), 27-311 (parking regulations), 27-312 (parking
11 regulations), 27-313 (parking regulations), 27-314
12 (parking regulations), 27-315 (parking regulations),
13 27-316 (parking regulations), 27-317 (parking
14 regulations), 27-318 (parking regulations), 27-319
15 (parking regulations), 27-320 (parking regulations),
16 27-321 (parking regulations), 27-322 (parking
17 regulations), 27-324 (loading and unloading at an angle),
18 27-333 (wheel and axle loads), 27-334 (load restrictions in
19 the downtown district), 27-335 (load restrictions in
20 residential areas), 27-338 (width of vehicles), 27-339
21 (height of vehicles), 27-340 (length of vehicles), 27-352
22 (reflectors on trailers), 27-353 (mufflers), 27-354
23 (display of plates), 27-355 (display of city vehicle tax
24 sticker), 27-357 (identification of vehicles), 27-358
25 (projecting of loads), and also excepting the following
26 enumerated paragraphs of Section 2-201 of the Rules and

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1 Regulations of the Illinois State Toll Highway Authority:
2 (l) (driving unsafe vehicle on tollway), (m) (vehicles
3 transporting dangerous cargo not properly indicated), it
4 shall be the duty of the clerk of the court in which such
5 conviction is had within 5 days thereafter to forward to
6 the Secretary of State a report of the conviction and the
7 court may recommend the suspension of the driver's license
8 or permit of the person so convicted.
9 The reporting requirements of this subsection shall apply
10to all violations stated in paragraphs (1) and (2) of this
11subsection when the individual has been adjudicated under the
12Juvenile Court Act or the Juvenile Court Act of 1987. Such
13reporting requirements shall also apply to individuals
14adjudicated under the Juvenile Court Act or the Juvenile Court
15Act of 1987 who have committed a violation of Section 11-501 of
16this Code, or similar provision of a local ordinance, or
17Section 9-3 of the Criminal Code of 1961 or the Criminal Code
18of 2012, relating to the offense of reckless homicide. These
19reporting requirements also apply to individuals adjudicated
20under the Juvenile Court Act of 1987 based on any offense
21determined to have been committed in furtherance of the
22criminal activities of an organized gang, as provided in
23Section 5-710 of that Act, and that involved the operation or
24use of a motor vehicle or the use of a driver's license or
25permit. The reporting requirements of this subsection shall
26also apply to a truant minor in need of supervision, an

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1addicted minor, or a delinquent minor and whose driver's
2license and privilege to drive a motor vehicle has been ordered
3suspended for such times as determined by the Court, but only
4until he or she attains 18 years of age. It shall be the duty of
5the clerk of the court in which adjudication is had within 5
6days thereafter to forward to the Secretary of State a report
7of the adjudication and the court order requiring the Secretary
8of State to suspend the minor's driver's license and driving
9privilege for such time as determined by the Court, but only
10until he or she attains the age of 18 years. All juvenile court
11dispositions reported to the Secretary of State under this
12provision shall be processed by the Secretary of State as if
13the cases had been adjudicated in traffic or criminal court.
14However, information reported relative to the offense of
15reckless homicide, or Section 11-501 of this Code, or a similar
16provision of a local ordinance, shall be privileged and
17available only to the Secretary of State, courts, and police
18officers.
19 The reporting requirements of this subsection (a)
20 apply to all violations listed in paragraphs (1) and (2) of
21 this subsection (a), excluding parking violations, when
22 the driver holds a CLP or CDL, regardless of the type of
23 vehicle in which the violation occurred, or when any driver
24 committed the violation in a commercial motor vehicle as
25 defined in Section 6-500 of this Code.
26 (3) Whenever an order is entered vacating the

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1 forfeiture of any bail, security or bond given to secure
2 appearance for any offense under this Code or similar
3 offenses under municipal ordinance, it shall be the duty of
4 the clerk of the court in which such vacation was had or
5 the judge of such court if such court has no clerk, within
6 5 days thereafter to forward to the Secretary of State a
7 report of the vacation.
8 (4) A report of any disposition of court supervision
9 for a violation of Sections 6-303, 11-401, 11-501 or a
10 similar provision of a local ordinance, 11-503, 11-504, and
11 11-506 shall be forwarded to the Secretary of State. A
12 report of any disposition of court supervision for a
13 violation of an offense defined as a serious traffic
14 violation in this Code or a similar provision of a local
15 ordinance committed by a person under the age of 21 years
16 shall be forwarded to the Secretary of State.
17 (5) Reports of conviction under this Code and
18 sentencing hearings under the Juvenile Court Act of 1987 in
19 an electronic format or a computer processible medium shall
20 be forwarded to the Secretary of State via the Supreme
21 Court in the form and format required by the Illinois
22 Supreme Court and established by a written agreement
23 between the Supreme Court and the Secretary of State. In
24 counties with a population over 300,000, instead of
25 forwarding reports to the Supreme Court, reports of
26 conviction under this Code and sentencing hearings under

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1 the Juvenile Court Act of 1987 in an electronic format or a
2 computer processible medium may be forwarded to the
3 Secretary of State by the Circuit Court Clerk in a form and
4 format required by the Secretary of State and established
5 by written agreement between the Circuit Court Clerk and
6 the Secretary of State. Failure to forward the reports of
7 conviction or sentencing hearing under the Juvenile Court
8 Act of 1987 as required by this Section shall be deemed an
9 omission of duty and it shall be the duty of the several
10 State's Attorneys to enforce the requirements of this
11 Section.
12 (b) Whenever a restricted driving permit is forwarded to a
13court, as a result of confiscation by a police officer pursuant
14to the authority in Section 6-113(f), it shall be the duty of
15the clerk, or judge, if the court has no clerk, to forward such
16restricted driving permit and a facsimile of the officer's
17citation to the Secretary of State as expeditiously as
18practicable.
19 (c) For the purposes of this Code, a forfeiture of bail or
20collateral deposited to secure a defendant's appearance in
21court when forfeiture has not been vacated, or the failure of a
22defendant to appear for trial after depositing his driver's
23license in lieu of other bail, shall be equivalent to a
24conviction.
25 (d) For the purpose of providing the Secretary of State
26with records necessary to properly monitor and assess driver

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1performance and assist the courts in the proper disposition of
2repeat traffic law offenders, the clerk of the court shall
3forward to the Secretary of State, on a form prescribed by the
4Secretary, records of a driver's participation in a driver
5remedial or rehabilitative program which was required, through
6a court order or court supervision, in relation to the driver's
7arrest for a violation of Section 11-501 of this Code or a
8similar provision of a local ordinance. The clerk of the court
9shall also forward to the Secretary, either on paper or in an
10electronic format or a computer processible medium as required
11under paragraph (5) of subsection (a) of this Section, any
12disposition of court supervision for any traffic violation,
13excluding those offenses listed in paragraph (2) of subsection
14(a) of this Section. These reports shall be sent within 5 days
15after disposition, or, if the driver is referred to a driver
16remedial or rehabilitative program, within 5 days of the
17driver's referral to that program. These reports received by
18the Secretary of State, including those required to be
19forwarded under paragraph (a)(4), shall be privileged
20information, available only (i) to the affected driver, (ii) to
21the parent or guardian of a person under the age of 18 years
22holding an instruction permit or a graduated driver's license,
23and (iii) for use by the courts, police officers, prosecuting
24authorities, the Secretary of State, and the driver licensing
25administrator of any other state. In accordance with 49 C.F.R.
26Part 384, all reports of court supervision, except violations

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1related to parking, shall be forwarded to the Secretary of
2State for all holders of a CLP or CDL or any driver who commits
3an offense while driving a commercial motor vehicle. These
4reports shall be recorded to the driver's record as a
5conviction for use in the disqualification of the driver's
6commercial motor vehicle privileges and shall not be privileged
7information.
8(Source: P.A. 97-1150, eff. 1-25-13.)
9 (625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
10 Sec. 6-207. Secretary of State may require reexamination or
11reissuance of a license.
12 (a) The Secretary of State, having good cause to believe
13that a licensed driver or person holding a permit or applying
14for a license or license renewal is incompetent or otherwise
15not qualified to hold a license or permit, may upon written
16notice of at least 5 days to the person require the person to
17submit to an examination as prescribed by the Secretary.
18 Refusal or neglect of the person to submit an alcohol,
19drug, or intoxicating compound evaluation or submit to or
20failure to successfully complete the examination is grounds for
21suspension of the person's license or permit under Section
226-206 of this Act or cancellation of his license or permit
23under Section 6-201 of this Act.
24 (b) The Secretary of State, having issued a driver's
25license or permit in error, may upon written notice of at least

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15 days to the person, require the person to appear at a Driver
2Services facility to have the license or permit error corrected
3and a new license or permit issued.
4 Refusal or neglect of the person to appear is grounds for
5cancellation of the person's license or permit under Section
66-201 of this Act.
7 (c) The Secretary of State, having issued a driver's
8license or permit to a person who subsequently becomes
9ineligible to retain that license or permit as currently
10issued, may, upon written notice of at least 5 days to the
11person, require the person to appear at a Driver Services
12facility to have the license or permit corrected and a new
13license or permit issued.
14 (d) The Secretary of State, having good cause to believe
15that a driver's license or permit was issued based on invalid,
16fictitious, or fraudulent documents, may upon written notice of
17at least 5 days require the person to appear at a Driver
18Services facility to present valid documents for verification
19of identity. Refusal or neglect of the person to appear shall
20result in cancellation of the person's license or permit.
21 (e) Under 49 C.F.R. 383.73, if the Secretary of State
22receives credible information that a CLP or CDL was issued and
23fraud was committed relating to the issuance of the CLP or CDL,
24the Secretary shall require the CLP or CDL holder to re-submit
25to all testing required for the issuance of the CLP or CDL
26(written, pre-trip, skills, and road exams). Upon written

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1notification by the Secretary, the holder shall have 5 days to
2submit to re-examination. Failure to appear or successfully
3complete the examination shall result in the cancellation of
4the CLP or CDL under Section 6-201 of this Act.
5(Source: P.A. 97-229, eff. 7-28-11.)
6 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
7 Sec. 6-500. Definitions of words and phrases.
8Notwithstanding the definitions set forth elsewhere in this
9Code, for purposes of the Uniform Commercial Driver's License
10Act (UCDLA), the words and phrases listed below have the
11meanings ascribed to them as follows:
12 (1) Alcohol. "Alcohol" means any substance containing any
13form of alcohol, including but not limited to ethanol,
14methanol, propanol, and isopropanol.
15 (2) Alcohol concentration. "Alcohol concentration" means:
16 (A) the number of grams of alcohol per 210 liters of
17 breath; or
18 (B) the number of grams of alcohol per 100 milliliters
19 of blood; or
20 (C) the number of grams of alcohol per 67 milliliters
21 of urine.
22 Alcohol tests administered within 2 hours of the driver
23being "stopped or detained" shall be considered that driver's
24"alcohol concentration" for the purposes of enforcing this
25UCDLA.

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1 (3) (Blank).
2 (4) (Blank).
3 (5) (Blank).
4 (5.3) CDLIS driver record. "CDLIS driver record" means the
5electronic record of the individual CDL driver's status and
6history stored by the State-of-Record as part of the Commercial
7Driver's License Information System, or CDLIS, established
8under 49 U.S.C. 31309.
9 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
10record" or "CDLIS MVR" means a report generated from the CDLIS
11driver record meeting the requirements for access to CDLIS
12information and provided by states to users authorized in 49
13C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
14Driver Privacy Protection Act, 18 U.S.C. 2721–2725.
15 (5.7) Commercial driver's license downgrade. "Commercial
16driver's license downgrade" or "CDL downgrade" means either:
17 (A) a state allows the driver to change his or her
18 self-certification to interstate, but operating
19 exclusively in transportation or operation excepted from
20 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
21 391.2, 391.68, or 398.3;
22 (B) a state allows the driver to change his or her
23 self-certification to intrastate only, if the driver
24 qualifies under that state's physical qualification
25 requirements for intrastate only;
26 (C) a state allows the driver to change his or her

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1 certification to intrastate, but operating exclusively in
2 transportation or operations excepted from all or part of
3 the state driver qualification requirements; or
4 (D) a state removes the CDL privilege from the driver
5 license.
6 (6) Commercial Motor Vehicle.
7 (A) "Commercial motor vehicle" or "CMV" means a motor
8 vehicle or combination of motor vehicles used in commerce,
9 except those referred to in subdivision (B), designed to
10 transport passengers or property if the motor vehicle:
11 (i) has a gross combination weight rating or gross
12 combination weight of 11,794 kilograms or more (26,001
13 pounds or more), whichever is greater, inclusive of any
14 towed unit with a gross vehicle weight rating or gross
15 vehicle weight of more than 4,536 kilograms (10,000
16 pounds), whichever is greater the vehicle has a GVWR of
17 26,001 pounds or more or such a lesser GVWR as
18 subsequently determined by federal regulations or the
19 Secretary of State; or any combination of vehicles with
20 a GCWR of 26,001 pounds or more, provided the GVWR of
21 any vehicle or vehicles being towed is 10,001 pounds or
22 more; or
23 (i-5) has a gross vehicle weight rating or gross
24 vehicle weight of 11,794 or more kilograms (26,001
25 pounds or more), whichever is greater; or
26 (ii) the vehicle is designed to transport 16 or

SB1757 Engrossed- 36 -LRB098 08452 MLW 38559 b
1 more persons, including the driver; or
2 (iii) the vehicle is of any size and is used in
3 transporting hazardous materials as defined in 49
4 C.F.R. 383.5 and is required to be placarded in
5 accordance with 49 C.F.R. Part 172, subpart F.
6 (B) Pursuant to the interpretation of the Commercial
7 Motor Vehicle Safety Act of 1986 by the Federal Highway
8 Administration, the definition of "commercial motor
9 vehicle" does not include:
10 (i) recreational vehicles, when operated primarily
11 for personal use;
12 (ii) vehicles owned by or operated under the
13 direction of the United States Department of Defense or
14 the United States Coast Guard only when operated by
15 non-civilian personnel. This includes any operator on
16 active military duty; members of the Reserves;
17 National Guard; personnel on part-time training; and
18 National Guard military technicians (civilians who are
19 required to wear military uniforms and are subject to
20 the Code of Military Justice); or
21 (iii) firefighting, police, and other emergency
22 equipment (including, without limitation, equipment
23 owned or operated by a HazMat or technical rescue team
24 authorized by a county board under Section 5-1127 of
25 the Counties Code), with audible and visual signals,
26 owned or operated by or for a governmental entity,

SB1757 Engrossed- 37 -LRB098 08452 MLW 38559 b
1 which is necessary to the preservation of life or
2 property or the execution of emergency governmental
3 functions which are normally not subject to general
4 traffic rules and regulations.
5 (7) Controlled Substance. "Controlled substance" shall
6have the same meaning as defined in Section 102 of the Illinois
7Controlled Substances Act, and shall also include cannabis as
8defined in Section 3 of the Cannabis Control Act and
9methamphetamine as defined in Section 10 of the Methamphetamine
10Control and Community Protection Act.
11 (8) Conviction. "Conviction" means an unvacated
12adjudication of guilt or a determination that a person has
13violated or failed to comply with the law in a court of
14original jurisdiction or by an authorized administrative
15tribunal; an unvacated forfeiture of bail or collateral
16deposited to secure the person's appearance in court; a plea of
17guilty or nolo contendere accepted by the court; the payment of
18a fine or court cost regardless of whether the imposition of
19sentence is deferred and ultimately a judgment dismissing the
20underlying charge is entered; or a violation of a condition of
21release without bail, regardless of whether or not the penalty
22is rebated, suspended or probated.
23 (8.5) Day. "Day" means calendar day.
24 (9) (Blank).
25 (10) (Blank).
26 (11) (Blank).

SB1757 Engrossed- 38 -LRB098 08452 MLW 38559 b
1 (12) (Blank).
2 (13) Driver. "Driver" means any person who drives,
3operates, or is in physical control of a commercial motor
4vehicle, any person who is required to hold a CDL, or any
5person who is a holder of a CDL while operating a
6non-commercial motor vehicle.
7 (13.5) Driver applicant. "Driver applicant" means an
8individual who applies to a state or other jurisdiction to
9obtain, transfer, upgrade, or renew a CDL or to obtain or renew
10a CLP.
11 (13.8) Electronic device. "Electronic device" includes,
12but is not limited to, a cellular telephone, personal digital
13assistant, pager, computer, or any other device used to input,
14write, send, receive, or read text.
15 (14) Employee. "Employee" means a person who is employed as
16a commercial motor vehicle driver. A person who is
17self-employed as a commercial motor vehicle driver must comply
18with the requirements of this UCDLA pertaining to employees. An
19owner-operator on a long-term lease shall be considered an
20employee.
21 (15) Employer. "Employer" means a person (including the
22United States, a State or a local authority) who owns or leases
23a commercial motor vehicle or assigns employees to operate such
24a vehicle. A person who is self-employed as a commercial motor
25vehicle driver must comply with the requirements of this UCDLA.
26 (15.1) Endorsement. "Endorsement" means an authorization

SB1757 Engrossed- 39 -LRB098 08452 MLW 38559 b
1to an individual's CLP or CDL required to permit the individual
2to operate certain types of commercial motor vehicles.
3 (15.3) Excepted interstate. "Excepted interstate" means a
4person who operates or expects to operate in interstate
5commerce, but engages exclusively in transportation or
6operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
7398.3 from all or part of the qualification requirements of 49
8C.F.R. Part 391 and is not required to obtain a medical
9examiner's certificate by 49 C.F.R. 391.45.
10 (15.5) Excepted intrastate. "Excepted intrastate" means a
11person who operates in intrastate commerce but engages
12exclusively in transportation or operations excepted from all
13or parts of the state driver qualification requirements.
14 (16) (Blank).
15 (16.5) Fatality. "Fatality" means the death of a person as
16a result of a motor vehicle accident.
17 (17) Foreign jurisdiction. "Foreign jurisdiction" means a
18sovereign jurisdiction that does not fall within the definition
19of "State".
20 (18) (Blank).
21 (19) (Blank).
22 (20) Hazardous materials. "Hazardous Material" means any
23material that has been designated under 49 U.S.C. 5103 and is
24required to be placarded under subpart F of 49 C.F.R. part 172
25or any quantity of a material listed as a select agent or toxin
26in 42 C.F.R. part 73.

SB1757 Engrossed- 40 -LRB098 08452 MLW 38559 b
1 (20.5) Imminent Hazard. "Imminent hazard" means the
2existence of a condition relating to hazardous material that
3presents a substantial likelihood that death, serious illness,
4severe personal injury, or a substantial endangerment to
5health, property, or the environment may occur before the
6reasonably foreseeable completion date of a formal proceeding
7begun to lessen the risk of that death, illness, injury or
8endangerment.
9 (20.6) Issuance. "Issuance" means initial issuance,
10transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
11CLP or CDL.
12 (20.7) Issue. "Issue" means initial issuance, transfer,
13renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
14non-domiciled CDL.
15 (21) Long-term lease. "Long-term lease" means a lease of a
16commercial motor vehicle by the owner-lessor to a lessee, for a
17period of more than 29 days.
18 (21.01) Manual transmission. "Manual transmission" means a
19transmission utilizing a driver-operated clutch that is
20activated by a pedal or lever and a gear-shift mechanism
21operated either by hand or foot including those known as a
22stick shift, stick, straight drive, or standard transmission.
23All other transmissions, whether semi-automatic or automatic,
24shall be considered automatic for the purposes of the
25standardized restriction code.
26 (21.1) Medical examiner. "Medical examiner" means a person

SB1757 Engrossed- 41 -LRB098 08452 MLW 38559 b
1who is licensed, certified, or registered in accordance with
2applicable state laws and regulations to perform physical
3examinations. The term includes but is not limited to doctors
4of medicine, doctors of osteopathy, physician assistants,
5advanced practice nurses, and doctors of chiropractic.
6 (21.2) Medical examiner's certificate. "Medical examiner's
7certificate" means a document prescribed or approved by the
8Secretary of State that is issued by a medical examiner to a
9driver to medically qualify him or her to drive.
10 (21.5) Medical variance. "Medical variance" means a driver
11has received one of the following from the Federal Motor
12Carrier Safety Administration which allows the driver to be
13issued a medical certificate: (1) an exemption letter
14permitting operation of a commercial motor vehicle pursuant to
1549 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
16skill performance evaluation (SPE) certificate permitting
17operation of a commercial motor vehicle pursuant to 49 C.F.R.
18391.49.
19 (21.7) Mobile telephone. "Mobile telephone" means a mobile
20communication device that falls under or uses any commercial
21mobile radio service, as defined in regulations of the Federal
22Communications Commission, 47 CFR 20.3. It does not include
23two-way or citizens band radio services.
24 (22) Motor Vehicle. "Motor vehicle" means every vehicle
25which is self-propelled, and every vehicle which is propelled
26by electric power obtained from over head trolley wires but not

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1operated upon rails, except vehicles moved solely by human
2power and motorized wheel chairs.
3 (22.2) Motor vehicle record. "Motor vehicle record" means a
4report of the driving status and history of a driver generated
5from the driver record provided to users, such as drivers or
6employers, and is subject to the provisions of the Driver
7Privacy Protection Act, 18 U.S.C. 2721-2725.
8 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
9combination of motor vehicles not defined by the term
10"commercial motor vehicle" or "CMV" in this Section.
11 (22.7) Non-excepted interstate. "Non-excepted interstate"
12means a person who operates or expects to operate in interstate
13commerce, is subject to and meets the qualification
14requirements under 49 C.F.R. Part 391, and is required to
15obtain a medical examiner's certificate by 49 C.F.R. 391.45.
16 (22.8) Non-excepted intrastate. "Non-excepted intrastate"
17means a person who operates only in intrastate commerce and is
18subject to State driver qualification requirements.
19 (23) Non-domiciled CLP or Non-domiciled Non-resident CDL.
20"Non-domiciled CLP" or "Non-domiciled Non-resident CDL" means
21a CLP or CDL, respectively, commercial driver's license issued
22by a state or other jurisdiction under either of the following
23two conditions:
24 (i) to an individual domiciled in a foreign country
25 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
26 of the Federal Motor Carrier Safety Administration.

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1 (ii) to an individual domiciled in another state
2 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
3 of the Federal Motor Carrier Safety Administration.
4 (24) (Blank).
5 (25) (Blank).
6 (25.5) Railroad-Highway Grade Crossing Violation.
7"Railroad-highway grade crossing violation" means a violation,
8while operating a commercial motor vehicle, of any of the
9following:
10 (A) Section 11-1201, 11-1202, or 11-1425 of this
11 Code.
12 (B) Any other similar law or local ordinance of any
13 state relating to railroad-highway grade crossing.
14 (25.7) School Bus. "School bus" means a commercial motor
15vehicle used to transport pre-primary, primary, or secondary
16school students from home to school, from school to home, or to
17and from school-sponsored events. "School bus" does not include
18a bus used as a common carrier.
19 (26) Serious Traffic Violation. "Serious traffic
20violation" means:
21 (A) a conviction when operating a commercial motor
22 vehicle, or when operating a non-CMV while holding a CLP or
23 CDL, of:
24 (i) a violation relating to excessive speeding,
25 involving a single speeding charge of 15 miles per hour
26 or more above the legal speed limit; or

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1 (ii) a violation relating to reckless driving; or
2 (iii) a violation of any State law or local
3 ordinance relating to motor vehicle traffic control
4 (other than parking violations) arising in connection
5 with a fatal traffic accident; or
6 (iv) a violation of Section 6-501, relating to
7 having multiple driver's licenses; or
8 (v) a violation of paragraph (a) of Section 6-507,
9 relating to the requirement to have a valid CDL; or
10 (vi) a violation relating to improper or erratic
11 traffic lane changes; or
12 (vii) a violation relating to following another
13 vehicle too closely; or
14 (viii) a violation relating to texting while
15 driving; or
16 (ix) a violation relating to the use of a hand-held
17 mobile telephone while driving; or
18 (B) any other similar violation of a law or local
19 ordinance of any state relating to motor vehicle traffic
20 control, other than a parking violation, which the
21 Secretary of State determines by administrative rule to be
22 serious.
23 (27) State. "State" means a state of the United States, the
24District of Columbia and any province or territory of Canada.
25 (28) (Blank).
26 (29) (Blank).

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1 (30) (Blank).
2 (31) (Blank).
3 (32) Texting. "Texting" means manually entering
4alphanumeric text into, or reading text from, an electronic
5device.
6 (1) Texting includes, but is not limited to, short
7 message service, emailing, instant messaging, a command or
8 request to access a World Wide Web page, pressing more than
9 a single button to initiate or terminate a voice
10 communication using a mobile telephone, or engaging in any
11 other form of electronic text retrieval or entry for
12 present or future communication.
13 (2) Texting does not include:
14 (i) inputting, selecting, or reading information
15 on a global positioning system or navigation system; or
16 (ii) pressing a single button to initiate or
17 terminate a voice communication using a mobile
18 telephone; or
19 (iii) using a device capable of performing
20 multiple functions (for example, a fleet management
21 system, dispatching device, smart phone, citizens band
22 radio, or music player) for a purpose that is not
23 otherwise prohibited by Part 392 of the Federal Motor
24 Carrier Safety Regulations.
25 (32.3) Third party skills test examiner. "Third party
26skills test examiner" means a person employed by a third party

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1tester who is authorized by the State to administer the CDL
2skills tests specified in 49 C.F.R. Part 383, subparts G and H.
3 (32.5) Third party tester. "Third party tester" means a
4person (including, but not limited to, another state, a motor
5carrier, a private driver training facility or other private
6institution, or a department, agency, or instrumentality of a
7local government) authorized by the State to employ skills test
8examiners to administer the CDL skills tests specified in 49
9C.F.R. Part 383, subparts G and H.
10 (32.7) United States. "United States" means the 50 states
11and the District of Columbia.
12 (33) Use a hand-held mobile telephone. "Use a hand-held
13mobile telephone" means:
14 (1) using at least one hand to hold a mobile telephone
15 to conduct a voice communication;
16 (2) dialing or answering a mobile telephone by pressing
17 more than a single button; or
18 (3) reaching for a mobile telephone in a manner that
19 requires a driver to maneuver so that he or she is no
20 longer in a seated driving position, restrained by a seat
21 belt that is installed in accordance with 49 CFR 393.93 and
22 adjusted in accordance with the vehicle manufacturer's
23 instructions.
24(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
25eff. 1-1-13; revised 8-3-12.)

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1 (625 ILCS 5/6-502) (from Ch. 95 1/2, par. 6-502)
2 Sec. 6-502. Commercial motor vehicle drivers - reporting of
3traffic violations to the Secretary of State. When required by
4the Commercial Motor Vehicle Safety Act of 1986, every person
5who has been issued an Illinois non-domiciled non-resident CLP
6or non-domiciled CDL or who is a domiciliary of this State and
7drives a commercial motor vehicle in violation of a law or
8local ordinance of any State relating to motor vehicle traffic
9control (other than parking violations) in any other state,
10shall notify the Secretary of State, on a form and in a manner
11prescribed by the Secretary, of such violation within 30 days
12after the date such person has been convicted of such offense.
13(Source: P.A. 86-845.)
14 (625 ILCS 5/6-503) (from Ch. 95 1/2, par. 6-503)
15 Sec. 6-503. Commercial motor vehicle drivers - reporting of
16traffic violations to employer. Every person who is a
17domiciliary of this State or who has been issued an Illinois
18non-domiciled non-resident CLP or non-domiciled CDL and drives
19a commercial motor vehicle in violation of a law or local
20ordinance of any State relating to motor vehicle traffic
21control (other than parking violations) in this or any other
22state, shall notify such person's employer of such violation
23within 30 days after the date such person is convicted of such
24offense.
25 In the event such person is a "common carrier of property

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1by motor vehicle", as defined in Section 18c-1104 of this Code,
2such person shall notify the principal lessor of such within 30
3days after the date such person is convicted of the violation.
4However, if such person is an independent contractor or owner
5operator, such report shall be kept at the principal place of
6business and available during normal office hours for
7inspection and auditing purposes by an authorized agency.
8(Source: P.A. 86-845.)
9 (625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
10 Sec. 6-506. Commercial motor vehicle driver -
11employer/owner responsibilities.
12 (a) No employer or commercial motor vehicle owner shall
13knowingly allow, permit, authorize, or require an employee to
14drive a commercial motor vehicle on the highways during any
15period in which such employee:
16 (1) has a driver's license suspended, revoked or
17 cancelled by any state; or
18 (2) has lost the privilege to drive a commercial motor
19 vehicle in any state; or
20 (3) has been disqualified from driving a commercial
21 motor vehicle; or
22 (4) has more than one CLP or CDL driver's license,
23 except as provided by this UCDLA; or
24 (5) is subject to or in violation of an
25 "out-of-service" order; or .

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1 (6) does not have a current CLP or CDL or a CLP or CDL
2 with the proper class or endorsements. An employer may not
3 use a driver to operate a CMV who violates any restriction
4 on the driver's CLP or CDL.
5 (b) No employer or commercial motor vehicle owner shall
6knowingly allow, permit, authorize, or require a driver to
7operate a commercial motor vehicle in violation of any law or
8regulation pertaining to railroad-highway grade crossings.
9 (b-3) No employer or commercial motor vehicle owner shall
10knowingly allow, permit, authorize, or require a driver to
11operate a commercial motor vehicle during any period in which
12the commercial motor vehicle is subject to an "out-of-service"
13order.
14 (b-5) No employer or commercial motor vehicle owner shall
15knowingly allow, permit, authorize, or require a driver to
16operate a commercial motor vehicle during any period in which
17the motor carrier operation is subject to an "out-of-service"
18order.
19 (c) Any employer convicted of violating subsection (a),
20(b-3), or (b-5) of this Section, whether individually or in
21connection with one or more other persons, or as principal
22agent, or accessory, shall be guilty of a Class A misdemeanor.
23(Source: P.A. 95-382, eff. 8-23-07.)
24 (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
25 Sec. 6-507. Commercial Driver's License (CDL) or

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1Commercial Learner's Permit (CLP) Required.
2 (a) Except as expressly permitted by this UCDLA, or when
3driving pursuant to the issuance of a commercial learner's
4driver instruction permit and accompanied by the holder of a
5CDL valid for the vehicle being driven; no person shall drive a
6commercial motor vehicle on the highways without:
7 (1) a CDL in the driver's possession;
8 (2) having obtained a CLP or CDL;
9 (3) the proper class of CLP or CDL or endorsements or
10 both for the specific vehicle group being operated or for
11 the passengers or type of cargo being transported; or
12 (4) a copy of a medical variance document, if one
13 exists, such as an exemption letter or a skill performance
14 evaluation certificate.
15 (a-5) A CLP or CDL holder whose CLP or CDL is held by this
16State or any other state in the course of enforcement of a
17motor vehicle traffic code and who has not been convicted of a
18disqualifying offense under 49 C.F.R. 383.51 based on this
19enforcement, may drive a CMV while holding a dated receipt for
20the CLP or CDL.
21 (b) Except as otherwise provided by this Code, no person
22may drive a commercial motor vehicle on the highways while such
23person's driving privilege, license, or permit is:
24 (1) Suspended, revoked, cancelled, or subject to
25 disqualification. Any person convicted of violating this
26 provision or a similar provision of this or any other state

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

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1 (b-5) Except as otherwise provided by this Code, no person
2may operate a vehicle designed to transport 16 or more
3passengers including the driver or hazardous materials of a
4type or quantity that requires the vehicle to be placarded
5during a period in which the commercial motor vehicle or the
6motor carrier operation is subject to an "out-of-service"
7order. Any person who is convicted of violating this provision
8or a similar provision of any other state shall be disqualified
9from operating a commercial motor vehicle under subsection (i)
10of Section 6-514 of this Code.
11 (c) Pursuant to the options provided to the States by FHWA
12Docket No. MC-88-8, the driver of any motor vehicle controlled
13or operated by or for a farmer is waived from the requirements
14of this Section, when such motor vehicle is being used to
15transport: agricultural products; implements of husbandry; or
16farm supplies; to and from a farm, as long as such movement is
17not over 150 air miles from the originating farm. This waiver
18does not apply to the driver of any motor vehicle being used in
19a common or contract carrier type operation. However, for those
20drivers of any truck-tractor semitrailer combination or
21combinations registered under subsection (c) of Section 3-815
22of this Code, this waiver shall apply only when the driver is a
23farmer or a member of the farmer's family and the driver is 21
24years of age or more and has successfully completed any tests
25the Secretary of State deems necessary.
26 In addition, the farmer or a member of the farmer's family

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1who operates a truck-tractor semitrailer combination or
2combinations pursuant to this waiver shall be granted all of
3the rights and shall be subject to all of the duties and
4restrictions with respect to Sections 6-514 and 6-515 of this
5Code applicable to the driver who possesses a commercial
6driver's license issued under this Code, except that the driver
7shall not be subject to any additional duties or restrictions
8contained in Part 382 of the Federal Motor Carrier Safety
9Regulations that are not otherwise imposed under Section 6-514
10or 6-515 of this Code.
11 For purposes of this subsection (c), a member of the
12farmer's family is a natural or in-law spouse, child, parent,
13or sibling.
14 (c-5) An employee of a township or road district with a
15population of less than 3,000 operating a vehicle within the
16boundaries of the township or road district for the purpose of
17removing snow or ice from a roadway by plowing, sanding, or
18salting is waived from the requirements of this Section when
19the employee is needed to operate the vehicle because the
20employee of the township or road district who ordinarily
21operates the vehicle and who has a commercial driver's license
22is unable to operate the vehicle or is in need of additional
23assistance due to a snow emergency.
24 (c-10) A driver of a commercial motor vehicle used
25primarily in the transportation of propane winter heating fuel
26or a driver of a motor vehicle used to respond to a pipeline

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1emergency is waived from the requirements of this Section if
2such requirements would prevent the driver from responding to
3an emergency condition requiring immediate response as defined
4in 49 C.F.R. Part 390.5.
5 (d) Any person convicted of violating this Section, shall
6be guilty of a Class A misdemeanor.
7 (e) Any person convicted of violating paragraph (1) of
8subsection (b) of this Section, shall have all driving
9privileges revoked by the Secretary of State.
10 (f) This Section shall not apply to:
11 (1) A person who currently holds a valid Illinois
12 driver's license, for the type of vehicle being operated,
13 until the expiration of such license or April 1, 1992,
14 whichever is earlier; or
15 (2) A non-Illinois domiciliary who is properly
16 licensed in another State, until April 1, 1992. A
17 non-Illinois domiciliary, if such domiciliary is properly
18 licensed in another State or foreign jurisdiction, until
19 April 1, 1992.
20(Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229,
21eff. 7-28-11; 97-813, eff. 7-13-12.)
22 (625 ILCS 5/6-507.5 new)
23 Sec. 6-507.5. Application for Commercial Learner's Permit
24(CLP).
25 (a) The application for a CLP must include, but is not

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1limited to, the following:
2 (1) the driver applicant's full legal name and current
3 Illinois domiciliary address, unless the driver applicant
4 is from a foreign country and is applying for a
5 non-domiciled CLP in which case the driver applicant shall
6 submit proof of Illinois residency or the driver applicant
7 is from another state and is applying for a non-domiciled
8 CLP in which case the driver applicant shall submit proof
9 of domicile in the state which issued the driver
10 applicant's Non-CDL;
11 (2) a physical description of the driver applicant
12 including gender, height, weight, color of eyes, and hair
13 color;
14 (3) date of birth;
15 (4) the driver applicant's social security number;
16 (5) the driver applicant's signature;
17 (6) the names of all states where the driver applicant
18 has previously been licensed to drive any type of motor
19 vehicle during the previous 10 years under 49 C.F.R. Part
20 383;
21 (7) proof of citizenship or lawful permanent residency
22 as set forth in Table 1 of 49 C.F.R. 383.71, unless the
23 driver applicant is from a foreign country and is applying
24 for a non-domiciled CLP, in which case the applicant must
25 provide an unexpired employment authorization document
26 (EAD) issued by USCIS or an unexpired foreign passport

SB1757 Engrossed- 56 -LRB098 08452 MLW 38559 b
1 accompanied by an approved I-94 form documenting the
2 applicant's most recent admittance into the United States;
3 and
4 (8) any other information required by the Secretary of
5 State.
6 (b) No CLP shall be issued to a driver applicant unless the
7applicant has taken and passed a general knowledge test that
8meets the federal standards contained in 49 C.F.R. Part 383,
9subparts F, G, and H for the commercial motor vehicle the
10applicant expects to operate.
11 (c) No CLP shall be issued to a driver applicant unless the
12applicant possesses a valid Illinois driver's license or if the
13applicant is applying for a non-domiciled CLP under subsection
14(b) of Section 6-509 of this Code, in which case the driver
15applicant must possess a valid driver's license from his or her
16state of domicile.
17 (d) No CLP shall be issued to a person under 18 years of
18age.
19 (e) No person shall be issued a CLP unless the person
20certifies to the Secretary one of the following types of
21driving operations in which he or she will be engaged:
22 (1) non-excepted interstate;
23 (2) non-excepted intrastate;
24 (3) excepted interstate; or
25 (4) excepted intrastate.
26 (f) No person shall be issued a CLP unless the person

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1certifies to the Secretary that he or she is not subject to any
2disqualification under 49 C.F.R. 383.51, or any license
3disqualification under State law, and that he or she does not
4have a driver's license from more than one state or
5jurisdiction.
6 (g) No CLP shall be issued to a person while the person is
7subject to a disqualification from driving a commercial motor
8vehicle, unless otherwise permitted by this Code, while the
9person's driver's license is suspended, revoked, or cancelled
10in any state, or any territory or province of Canada; nor may a
11CLP be issued to a person who has a CLP or CDL issued by any
12other state or foreign jurisdiction, unless the person
13surrenders all of these licenses. No CLP shall be issued to or
14renewed for a person who does not meet the requirement of 49
15C.F.R. 391.41(b)(11). The requirement may be met with the aid
16of a hearing aid.
17 (h) No CLP with a Passenger, School Bus or Tank Vehicle
18endorsement shall be issued to a person unless the driver
19applicant has taken and passed the knowledge test for each
20endorsement.
21 (1) A CLP holder with a Passenger (P) endorsement is
22 prohibited from operating a CMV carrying passengers, other
23 than federal or State auditors and inspectors, test
24 examiners, or other trainees, and the CDL holder
25 accompanying the CLP holder as prescribed by subsection (a)
26 of Section 6-507 of this Code. The P endorsement must be

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1 class specific.
2 (2) A CLP holder with a School Bus (S) endorsement is
3 prohibited from operating a school bus with passengers
4 other 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.
8 (3) A CLP holder with a Tank Vehicle (N) endorsement
9 may only operate an empty tank vehicle and is prohibited
10 from operating any tank vehicle that previously contained
11 hazardous material that has not been purged of all residue.
12 (4) All other federal endorsements are prohibited on a
13 CLP.
14 (i) No CLP holder may operate a commercial motor vehicle
15transporting hazardous material as defined in paragraph (20) of
16Section 6-500 of this Code.
17 (j) The CLP holder must be accompanied by the holder of a
18valid CDL who has the proper CDL group and endorsement
19necessary to operate the CMV. The CDL holder must at all times
20be physically present in the front seat of the vehicle next to
21the CLP holder or, in the case of a passenger vehicle, directly
22behind or in the first row behind the driver and must have the
23CLP holder under observation and direct supervision.
24 (k) A CLP is valid for 180 days from the date of issuance.
25A CLP may be renewed for an additional 180 days without
26requiring the CLP holder to retake the general and endorsement

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1knowledge tests.
2 (l) A CLP issued prior to July 1, 2014 for a limited time
3period according to state requirements, shall be considered a
4valid commercial driver's license for purposes of
5behind-the-wheel training on public roads or highways.
6 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
7 Sec. 6-508. Commercial Driver's License (CDL) -
8qualification standards.
9 (a) Testing.
10 (1) General. No person shall be issued an original or
11 renewal CDL unless that person is domiciled in this State
12 or is applying for a non-domiciled CDL under Sections 6-509
13 and 6-510 of this Code. The Secretary shall cause to be
14 administered such tests as the Secretary deems necessary to
15 meet the requirements of 49 C.F.R. Part 383, subparts F, G,
16 H, and J.
17 (1.5) Effective July 1, 2014, no person shall be issued
18 an original CDL or an upgraded CDL that requires a skills
19 test unless that person has held a CLP, for a minimum of 14
20 calendar days, for the classification of vehicle and
21 endorsement, if any, for which the person is seeking a CDL.
22 (2) Third party testing. The Secretary of state may
23 authorize a "third party tester", pursuant to 49 C.F.R.
24 Part 383.75 and 49 C.F.R. 384.228 and 384.229, to
25 administer the skills test or tests specified by Federal

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1 Motor Carrier Safety Administration pursuant to the
2 Commercial Motor Vehicle Safety Act of 1986 and any
3 appropriate federal rule.
4 (b) Waiver of Skills Test. The Secretary of State may waive
5the skills test specified in this Section for a driver
6applicant for a commercial driver license who meets the
7requirements of 49 C.F.R. Part 383.77 and Part 383.123.
8 (b-1) No person shall be issued a commercial driver
9instruction permit or CDL unless the person certifies to the
10Secretary one of the following types of driving operations in
11which he or she will be engaged:
12 (1) non-excepted interstate;
13 (2) non-excepted intrastate;
14 (3) excepted interstate; or
15 (4) excepted intrastate.
16 (b-2) (Blank). Persons who hold a commercial driver
17instruction permit or CDL on January 30, 2012 must certify to
18the Secretary no later than January 30, 2014 one of the
19following applicable self-certifications:
20 (1) non-excepted interstate;
21 (2) non-excepted intrastate;
22 (3) excepted interstate; or
23 (4) excepted intrastate.
24 (c) Limitations on issuance of a CDL. A CDL, or a
25commercial driver instruction permit, shall not be issued to a
26person while the person is subject to a disqualification from

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1driving a commercial motor vehicle, or unless otherwise
2permitted by this Code, while the person's driver's license is
3suspended, revoked or cancelled in any state, or any territory
4or province of Canada; nor may a CLP or CDL be issued to a
5person who has a CLP or CDL issued by any other state, or
6foreign jurisdiction, nor may a CDL be issued to a person who
7has an Illinois CLP unless the person first surrenders all of
8these such licenses or permits. However, a person may hold an
9Illinois CLP and an Illinois CDL providing the CLP is necessary
10to train or practice for an endorsement or vehicle
11classification not present on the current CDL. No CDL shall be
12issued to or renewed for a person who does not meet the
13requirement of 49 CFR 391.41(b)(11). The requirement may be met
14with the aid of a hearing aid.
15 (c-1) The Secretary may issue a CDL with a school bus
16driver endorsement to allow a person to drive the type of bus
17described in subsection (d-5) of Section 6-104 of this Code.
18The CDL with a school bus driver endorsement may be issued only
19to a person meeting the following requirements:
20 (1) the person has submitted his or her fingerprints to
21 the Department of State Police in the form and manner
22 prescribed by the Department of State Police. These
23 fingerprints shall be checked against the fingerprint
24 records now and hereafter filed in the Department of State
25 Police and Federal Bureau of Investigation criminal
26 history records databases;

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1 (2) the person has passed a written test, administered
2 by the Secretary of State, on charter bus operation,
3 charter bus safety, and certain special traffic laws
4 relating to school buses determined by the Secretary of
5 State to be relevant to charter buses, and submitted to a
6 review of the driver applicant's driving habits by the
7 Secretary of State at the time the written test is given;
8 (3) the person has demonstrated physical fitness to
9 operate school buses by submitting the results of a medical
10 examination, including tests for drug use; and
11 (4) the person has not been convicted of committing or
12 attempting to commit any one or more of the following
13 offenses: (i) those offenses defined in Sections 8-1.2,
14 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
15 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
16 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
17 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
18 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
19 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
20 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
21 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
22 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
23 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
24 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
25 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
26 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,

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1 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
2 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
3 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
4 (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
5 (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
6 Section 12-3.05, and in subsection (a) and subsection (b),
7 clause (1), of Section 12-4, and in subsection (A), clauses
8 (a) and (b), of Section 24-3, and those offenses contained
9 in Article 29D of the Criminal Code of 1961 or the Criminal
10 Code of 2012; (ii) those offenses defined in the Cannabis
11 Control Act except those offenses defined in subsections
12 (a) and (b) of Section 4, and subsection (a) of Section 5
13 of the Cannabis Control Act; (iii) those offenses defined
14 in the Illinois Controlled Substances Act; (iv) those
15 offenses defined in the Methamphetamine Control and
16 Community Protection Act; (v) any offense committed or
17 attempted in any other state or against the laws of the
18 United States, which if committed or attempted in this
19 State would be punishable as one or more of the foregoing
20 offenses; (vi) the offenses defined in Sections 4.1 and 5.1
21 of the Wrongs to Children Act or Section 11-9.1A of the
22 Criminal Code of 1961 or the Criminal Code of 2012; (vii)
23 those offenses defined in Section 6-16 of the Liquor
24 Control Act of 1934; and (viii) those offenses defined in
25 the Methamphetamine Precursor Control Act.
26 The Department of State Police shall charge a fee for

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1conducting the criminal history records check, which shall be
2deposited into the State Police Services Fund and may not
3exceed the actual cost of the records check.
4 (c-2) The Secretary shall issue a CDL with a school bus
5endorsement to allow a person to drive a school bus as defined
6in this Section. The CDL shall be issued according to the
7requirements outlined in 49 C.F.R. 383. A person may not
8operate a school bus as defined in this Section without a
9school bus endorsement. The Secretary of State may adopt rules
10consistent with Federal guidelines to implement this
11subsection (c-2).
12 (d) (Blank). Commercial driver instruction permit. A
13commercial driver instruction permit may be issued to any
14person holding a valid Illinois driver's license if such person
15successfully passes such tests as the Secretary determines to
16be necessary. A commercial driver instruction permit shall not
17be issued to a person who does not meet the requirements of 49
18CFR 391.41 (b)(11), except for the renewal of a commercial
19driver instruction permit for a person who possesses a
20commercial instruction permit prior to the effective date of
21this amendatory Act of 1999.
22(Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1,
23Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff.
247-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109,
25eff. 1-1-13; 97-1150, eff. 1-25-13.)

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1 (625 ILCS 5/6-508.1)
2 Sec. 6-508.1. Medical Examiner's Certificate.
3 (a) It shall be unlawful for any person to drive a CMV in
4non-excepted interstate commerce unless the person holds a CLP
5or CDL and is medically certified as physically qualified to do
6so.
7 (b) No person who has certified to non-excepted interstate
8driving as provided in Sections 6-507.5 and Section 6-508 of
9this Code shall be issued a commercial learner's driver
10instruction permit or CDL unless that person presents to the
11Secretary a medical examiner's certificate or has a current
12medical examiner's certificate on the CDLIS driver record.
13 (c) Persons who hold a commercial driver instruction permit
14or CDL on January 30, 2012 who have certified as non-excepted
15interstate as provided in Section 6-508 of this Code must
16provide to the Secretary a medical examiner's certificate no
17later than January 30, 2014.
18 (d) On and after As of January 30, 2014, all persons who
19hold a commercial driver instruction permit or CDL who have
20certified as non-excepted interstate shall maintain a current
21medical examiner's certificate on file with the Secretary. On
22and after July 1, 2014, all persons issued a CLP who have
23certified as non-excepted interstate shall maintain a current
24medical examiner's certificate on file with the Secretary.
25 (e) Within 10 calendar days of receipt of a medical
26examiner's certificate of a driver who has certified as

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1non-excepted interstate, the Secretary shall post the
2following to the CDLIS driver record:
3 (1) the medical examiner's name;
4 (2) the medical examiner's telephone number;
5 (3) the date of issuance of the medical examiner's
6 certificate;
7 (4) the medical examiner's license number and the state
8 that issued it;
9 (5) the medical certification status;
10 (6) the expiration date of the medical examiner's
11 certificate;
12 (7) the existence of any medical variance on the
13 medical examiner's certificate or grandfather provisions;
14 (8) any restrictions noted on the medical examiner's
15 certificate; and
16 (9) the date the medical examiner's certificate
17 information was posted to the CDLIS driver record.
18 (f) Within 10 calendar days of the expiration or rescission
19of the driver's medical examiner's certificate or medical
20variance or both, the Secretary shall update the medical
21certification status to "not certified".
22 (g) Within 10 calendar days of receipt of information from
23the Federal Motor Carrier Safety Administration regarding
24issuance or renewal of a medical variance, the Secretary shall
25update the CDLIS driver record to include the medical variance
26information provided by the Federal Motor Carrier Safety

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1Administration.
2 (h) The Secretary shall notify the driver of his or her
3non-certified status and that his or her CDL will be canceled
4unless the driver submits a current medical examiner's
5certificate or medical variance or changes his or her
6self-certification to driving only in excepted or intrastate
7commerce.
8 (i) Within 60 calendar days of a driver's medical
9certification status becoming non-certified, the Secretary
10shall cancel the CDL.
11(Source: P.A. 97-208, eff. 1-1-12.)
12 (625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
13 Sec. 6-509. Non-domiciled commercial learner's permit and
14non-domiciled Non-resident commercial driver's license.
15 (a) The Secretary of State may issue a non-domiciled CLP or
16non-domiciled non-resident CDL to a domiciliary of a foreign
17jurisdiction if the United States Secretary of Transportation
18has determined that the commercial motor vehicle testing and
19licensing standards, in that foreign jurisdiction, do not meet
20the testing standards established in 49 C.F.R. Part 383. The
21Secretary of State may also issue a non-resident CDL to an
22individual domiciled in another state while that state is
23prohibited from issuing CDLs in accordance with 49 C.F.R. Part
24384. A non-domiciled CLP or non-domiciled non-resident CDL
25shall be issued in accordance with the testing and licensing

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1standards contained in subparts F, G, and H of 49 C.F.R. Part
2383. The word "Non-domiciled" "Non-resident" must appear on the
3face of the non-domiciled CLP or non-domiciled non-resident
4CDL. A driver applicant must surrender any non-domiciled CLP or
5non-domiciled non-resident CDL, license or permit issued by any
6other state.
7 (b) If an individual is domiciled in a state while that
8state is prohibited from issuing CDLs in accordance with 49
9C.F.R. Part 384.405, that individual is eligible to obtain a
10non-domiciled CLP or non-domiciled non-resident CDL from any
11state that elects to issue a non-domiciled CLP or non-domiciled
12non-resident CDL and which complies with the testing and
13licensing standards contained in subparts F, G, and H of 49
14C.F.R. Part 383.23. "Non-domiciled" must appear on the face of
15the non-domiciled CLP or non-domiciled CDL. A driver applicant
16must surrender any non-domiciled CLP or non-domiciled CDL
17issued in any other state.
18(Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
19 (625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
20 Sec. 6-510. Application for Commercial Driver's License
21(CDL). The application for a CDL or commercial driver
22instruction permit, must include, but is not necessarily be
23limited to, the following:
24 (1) the driver applicant's full legal name and current
25 Illinois domiciliary address, (unless the driver applicant

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1 is from a foreign country and is applying application is
2 for a non-domiciled Non-resident CDL) in which case the
3 driver applicant shall submit proof of Illinois residency
4 or the driver applicant is from another state and is
5 applying for a non-domiciled CDL in which case the driver
6 applicant shall submit proof of domicile in the state which
7 issued the driver applicant's Non-CDL of the driver
8 applicant;
9 (2) a physical description of the driver applicant
10 including gender sex, height, weight, color of eyes, and
11 hair color;
12 (3) date of birth;
13 (4) the driver applicant's social security number;
14 (5) the driver applicant's signature;
15 (6) certifications required by 49 C.F.R. Part 383.71;
16 (6.1) the names of all states where the driver
17 applicant has previously been licensed to drive any type of
18 motor vehicle during the previous 10 years pursuant to 49
19 C.F.R. Part 383; and
20 (6.2) proof of citizenship or lawful permanent
21 residency as set forth in Table 1 of 49 C.F.R. 383.71,
22 unless the driver applicant is from a foreign country and
23 is applying for a non-domiciled CDL, in which case the
24 applicant must provide an unexpired employment
25 authorization document (EAD) issued by USCIS or an
26 unexpired foreign passport accompanied by an approved I-94

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1 form documenting the applicant's most recent admittance
2 into the United States; and
3 (7) any other information required by the Secretary of
4 State.
5(Source: P.A. 97-263, eff. 8-5-11.)
6 (625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
7 Sec. 6-511. Change of legal name or domiciliary address.
8 (a) All persons to whom a CLP or CDL has been issued, shall
9notify the Driver Services Department of the Secretary of
10State's Office within 10 days of any change in domiciliary
11address. In addition, the such person shall make application
12for a corrected CLP or CDL within 30 days after the of any such
13change.
14 (b) Any person to whom a CLP or CDL has been issued whose
15legal name has changed from the name on the previously-issued
16CLP or CDL shall apply for a corrected card within 30 days
17after the change.
18(Source: P.A. 93-895, eff. 1-1-05.)
19 (625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
20 Sec. 6-512. Unlawful operation of a commercial motor
21vehicle pursuant to a non-Illinois issued CLP or CDL. No
22person, after becoming a domiciliary of this State for 30 days
23or more, shall drive a commercial motor vehicle on the highways
24of this State pursuant to the authority of a CLP or CDL issued

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1by any other State or foreign jurisdiction.
2(Source: P.A. 86-845.)
3 (625 ILCS 5/6-512.5 new)
4 Sec. 6-512.5. Commercial Learner's Permit or CLP.
5 (a) The content of the CLP shall include, but is not
6limited to, the following:
7 (1) A CLP shall be distinctly marked "Commercial
8 Learner's Permit" or "CLP" and that it is invalid unless
9 accompanied by the underlying driver's license issued by
10 the State of Illinois;
11 (2) the full legal name and the Illinois domiciliary
12 address (unless it is a non-domiciled CLP) of the person to
13 whom the CLP is issued;
14 (3) a physical description of the person including
15 gender, height, weight, color of eyes, and hair color;
16 (4) date of birth;
17 (5) the Illinois driver's license number assigned by
18 the Secretary of State;
19 (6) the person's signature;
20 (7) an indicator showing that the CLP was issued by the
21 State of Illinois;
22 (8) the date of issuance and the date of expiration of
23 the CLP;
24 (9) the class or type of commercial vehicle or vehicles
25 which the person is authorized to drive together with any

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1 endorsement or restriction.
2 (b) If the CLP is a non-domiciled CLP, it must contain the
3prominent statement that the permit is a "Non-domiciled
4Commercial Learner's Permit" or "Non-domiciled CLP".
5 (c) Applicant Record Check. Prior to issuing, renewing,
6upgrading, or transferring a CLP, the Secretary of State shall
7obtain, review, and maintain upon issuance, renewal, upgrade,
8or transfer the driver applicant's driving record as required
9by 49 C.F.R. Parts 383 and 384 and the United States Secretary
10of Transportation.
11 (d) Notification of Commercial Learner's Permit (CLP)
12Issuance and Self-Certification. Within 10 days after issuing a
13CLP, the Secretary of State must notify the Commercial Driver
14License Information System of that fact, and provide all
15information required to ensure identification of the person.
16The Secretary shall also post the driver's self-certification
17for the type of driving operations to the CDLIS driver record.
18 (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
19 Sec. 6-513. Commercial Driver's License or CDL. The content
20of the CDL shall include, but is not necessarily be limited to
21the following:
22 (a) A CDL shall be distinctly marked "Commercial Driver's
23License" or "CDL". It must include, but is not necessarily be
24limited to, the following information:
25 (1) the full legal name and the Illinois domiciliary

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1 address (unless it is a non-domiciled Non-resident CDL) of
2 the person to whom the CDL is issued;
3 (2) a the person's color photograph of the person;
4 (3) a physical description of the person including
5 gender sex, height, and may include weight, color of eyes,
6 and hair color;
7 (4) date of birth;
8 (5) a CDL or file number assigned by the Secretary of
9 State;
10 (6) the person's signature;
11 (7) the class or type of commercial vehicle or vehicles
12 which the person is authorized to drive together with any
13 endorsements or restrictions;
14 (8) the name of the issuing state;
15 (9) the issuance and expiration dates of the CDL; and
16 (10) the restriction code "V" if the driver has been
17 issued a medical variance.
18 (a-5) If the CDL is a non-domiciled CDL it must contain the
19prominent statement that the license is a "Non-domiciled
20Commercial Driver's License" or "Non-domiciled CDL".
21 (b) Applicant Record Check.
22 Prior to issuing, renewing, upgrading, or transferring a
23CDL, the Secretary of State shall obtain, review, and maintain
24upon issuance, renewal, upgrade, or transfer the driver
25applicant's driving record as required by 49 C.F.R. Part 383
26and Part 384 and the United States Secretary of Transportation.

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1 (c) Notification of Commercial Driver's License (CDL)
2Issuance and Self-Certification.
3 Within 10 days after issuing a CDL, the Secretary of State
4must notify the Commercial Driver License Information System of
5that fact, and provide all information required to ensure
6identification of the person. The Secretary shall also post the
7driver's self-certification for the type of driving operations
8to the CDLIS driver record.
9 (c-5) Change in driver identification information.
10 Within 10 days of any change of driver identification
11information on any CDL holder, the Secretary of State must
12notify the Commercial Driver License Information System of the
13change.
14 (d) Renewal.
15 Every person applying for a renewal of a CDL must complete
16the appropriate application form required by this Code and any
17other test deemed necessary by the Secretary.
18(Source: P.A. 97-208, eff. 1-1-12.)
19 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
20 Sec. 6-514. Commercial Driver's License (CDL) -
21Disqualifications.
22 (a) A person shall be disqualified from driving a
23commercial motor vehicle for a period of not less than 12
24months for the first violation of:
25 (1) Refusing to submit to or failure to complete a test

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1 or tests to determine the driver's blood concentration of
2 alcohol, other drug, or both, while driving a commercial
3 motor vehicle or, if the driver is a CLP or CDL holder,
4 while driving a non-CMV; or
5 (2) Operating a commercial motor vehicle while the
6 alcohol concentration of the person's blood, breath or
7 urine is at least 0.04, or any amount of a drug, substance,
8 or compound in the person's blood or urine resulting from
9 the unlawful use or consumption of cannabis listed in the
10 Cannabis Control Act, a controlled substance listed in the
11 Illinois Controlled Substances Act, or methamphetamine as
12 listed in the Methamphetamine Control and Community
13 Protection Act as indicated by a police officer's sworn
14 report or other verified evidence; or operating a
15 non-commercial motor vehicle while the alcohol
16 concentration of the person's blood, breath, or urine was
17 above the legal limit defined in Section 11-501.1 or
18 11-501.8 or any amount of a drug, substance, or compound in
19 the person's blood or urine resulting from the unlawful use
20 or consumption of cannabis listed in the Cannabis Control
21 Act, a controlled substance listed in the Illinois
22 Controlled Substances Act, or methamphetamine as listed in
23 the Methamphetamine Control and Community Protection Act
24 as indicated by a police officer's sworn report or other
25 verified evidence while holding a CLP or CDL commercial
26 driver's license; or

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1 (3) Conviction for a first violation of:
2 (i) Driving a commercial motor vehicle or, if the
3 driver is a CLP or CDL holder, driving a non-CMV while
4 under the influence of alcohol, or any other drug, or
5 combination of drugs to a degree which renders such
6 person incapable of safely driving; or
7 (ii) Knowingly leaving the scene of an accident
8 while operating a commercial motor vehicle or, if the
9 driver is a CLP or CDL holder, while driving a non-CMV;
10 or
11 (iii) Driving a commercial motor vehicle or, if the
12 driver is a CLP or CDL holder, driving a non-CMV while
13 committing any felony; or
14 (iv) Driving a commercial motor vehicle while the
15 person's driving privileges or driver's license or
16 permit is revoked, suspended, or cancelled or the
17 driver is disqualified from operating a commercial
18 motor vehicle; or
19 (v) Causing a fatality through the negligent
20 operation of a commercial motor vehicle, including but
21 not limited to the crimes of motor vehicle
22 manslaughter, homicide by a motor vehicle, and
23 negligent homicide.
24 As used in this subdivision (a)(3)(v), "motor
25 vehicle manslaughter" means the offense of involuntary
26 manslaughter if committed by means of a vehicle;

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1 "homicide by a motor vehicle" means the offense of
2 first degree murder or second degree murder, if either
3 offense is committed by means of a vehicle; and
4 "negligent homicide" means reckless homicide under
5 Section 9-3 of the Criminal Code of 1961 or the
6 Criminal Code of 2012 and aggravated driving under the
7 influence of alcohol, other drug or drugs,
8 intoxicating compound or compounds, or any combination
9 thereof under subdivision (d)(1)(F) of Section 11-501
10 of this Code.
11 If any of the above violations or refusals occurred
12 while transporting hazardous material(s) required to be
13 placarded, the person shall be disqualified for a period of
14 not less than 3 years.
15 (b) A person is disqualified for life for a second
16conviction of any of the offenses specified in paragraph (a),
17or any combination of those offenses, arising from 2 or more
18separate incidents.
19 (c) A person is disqualified from driving a commercial
20motor vehicle for life if the person either (i) uses a
21commercial motor vehicle in the commission of any felony
22involving the manufacture, distribution, or dispensing of a
23controlled substance, or possession with intent to
24manufacture, distribute or dispense a controlled substance or
25(ii) if the person is a CLP or CDL holder, uses a non-CMV in the
26commission of a felony involving any of those activities.

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

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1shall be entered only if the convictions would result in the
2suspension or revocation of the CLP or CDL holder's non-CMV
3privileges.
4 (e-1) (Blank).
5 (f) Notwithstanding any other provision of this Code, any
6driver disqualified from operating a commercial motor vehicle,
7pursuant to this UCDLA, shall not be eligible for restoration
8of commercial driving privileges during any such period of
9disqualification.
10 (g) After suspending, revoking, or cancelling a CLP or CDL
11commercial driver's license, the Secretary of State must update
12the driver's records to reflect such action within 10 days.
13After suspending or revoking the driving privilege of any
14person who has been issued a CLP or CDL or commercial driver
15instruction permit from another jurisdiction, the Secretary
16shall originate notification to such issuing jurisdiction
17within 10 days.
18 (h) The "disqualifications" referred to in this Section
19shall not be imposed upon any commercial motor vehicle driver,
20by the Secretary of State, unless the prohibited action(s)
21occurred after March 31, 1992.
22 (i) A person is disqualified from driving a commercial
23motor vehicle in accordance with the following:
24 (1) For 6 months upon a first conviction of paragraph
25 (2) of subsection (b) or subsection (b-3) of Section 6-507
26 of this Code.

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1 (2) For 2 years upon a second conviction of paragraph
2 (2) of subsection (b) or subsection (b-3) or any
3 combination of paragraphs (2) or (3) of subsection (b) or
4 subsections (b-3) or (b-5) of Section 6-507 of this Code
5 within a 10-year period if the second conviction is a
6 violation of paragraph (2) of subsection (b) or subsection
7 (b-3).
8 (3) For 3 years upon a third or subsequent conviction
9 of paragraph (2) of subsection (b) or subsection (b-3) or
10 any combination of paragraphs (2) or (3) of subsection (b)
11 or subsections (b-3) or (b-5) of Section 6-507 of this Code
12 within a 10-year period if the third or subsequent
13 conviction is a violation of paragraph (2) of subsection
14 (b) or subsection (b-3).
15 (4) For one year upon a first conviction of paragraph
16 (3) of subsection (b) or subsection (b-5) of Section 6-507
17 of this Code.
18 (5) For 3 years upon a second conviction of paragraph
19 (3) of subsection (b) or subsection (b-5) or any
20 combination of paragraphs (2) or (3) of subsection (b) or
21 subsections (b-3) or (b-5) of Section 6-507 of this Code
22 within a 10-year period if the second conviction is a
23 violation of paragraph (3) of subsection (b) or (b-5).
24 (6) For 5 years upon a third or subsequent conviction
25 of paragraph (3) of subsection (b) or subsection (b-5) or
26 any combination of paragraphs (2) or (3) of subsection (b)

SB1757 Engrossed- 81 -LRB098 08452 MLW 38559 b
1 or subsections (b-3) or (b-5) of Section 6-507 of this Code
2 within a 10-year period if the third or subsequent
3 conviction is a violation of paragraph (3) of subsection
4 (b) or (b-5).
5 (j) Disqualification for railroad-highway grade crossing
6violation.
7 (1) General rule. A driver who is convicted of a
8 violation of a federal, State, or local law or regulation
9 pertaining to one of the following 6 offenses at a
10 railroad-highway grade crossing must be disqualified from
11 operating a commercial motor vehicle for the period of time
12 specified in paragraph (2) of this subsection (j) if the
13 offense was committed while operating a commercial motor
14 vehicle:
15 (i) For drivers who are not required to always
16 stop, failing to slow down and check that the tracks
17 are clear of an approaching train or railroad track
18 equipment, as described in subsection (a-5) of Section
19 11-1201 of this Code;
20 (ii) For drivers who are not required to always
21 stop, failing to stop before reaching the crossing, if
22 the tracks are not clear, as described in subsection
23 (a) of Section 11-1201 of this Code;
24 (iii) For drivers who are always required to stop,
25 failing to stop before driving onto the crossing, as
26 described in Section 11-1202 of this Code;

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1 (iv) For all drivers, failing to have sufficient
2 space to drive completely through the crossing without
3 stopping, as described in subsection (b) of Section
4 11-1425 of this Code;
5 (v) For all drivers, failing to obey a traffic
6 control device or the directions of an enforcement
7 official at the crossing, as described in subdivision
8 (a)2 of Section 11-1201 of this Code;
9 (vi) For all drivers, failing to negotiate a
10 crossing because of insufficient undercarriage
11 clearance, as described in subsection (d-1) of Section
12 11-1201 of this Code.
13 (2) Duration of disqualification for railroad-highway
14 grade crossing violation.
15 (i) First violation. A driver must be disqualified
16 from operating a commercial motor vehicle for not less
17 than 60 days if the driver is convicted of a violation
18 described in paragraph (1) of this subsection (j) and,
19 in the three-year period preceding the conviction, the
20 driver had no convictions for a violation described in
21 paragraph (1) of this subsection (j).
22 (ii) Second violation. A driver must be
23 disqualified from operating a commercial motor vehicle
24 for not less than 120 days if the driver is convicted
25 of a violation described in paragraph (1) of this
26 subsection (j) and, in the three-year period preceding

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1 the conviction, the driver had one other conviction for
2 a violation described in paragraph (1) of this
3 subsection (j) that was committed in a separate
4 incident.
5 (iii) Third or subsequent violation. A driver must
6 be disqualified from operating a commercial motor
7 vehicle for not less than one year if the driver is
8 convicted of a violation described in paragraph (1) of
9 this subsection (j) and, in the three-year period
10 preceding the conviction, the driver had 2 or more
11 other convictions for violations described in
12 paragraph (1) of this subsection (j) that were
13 committed in separate incidents.
14 (k) Upon notification of a disqualification of a driver's
15commercial motor vehicle privileges imposed by the U.S.
16Department of Transportation, Federal Motor Carrier Safety
17Administration, in accordance with 49 C.F.R. 383.52, the
18Secretary of State shall immediately record to the driving
19record the notice of disqualification and confirm to the driver
20the action that has been taken.
21(Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10;
2296-1244, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1150, eff.
231-25-13.)
24 (625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
25 Sec. 6-518. Notification of Traffic Convictions.

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1 (a) Within 5 days after receiving a report of an Illinois
2conviction, or other verified evidence, of any driver who has
3been issued a CLP or CDL by another State, for a violation of
4any law or local ordinance of this State, relating to motor
5vehicle traffic control, other than parking violations,
6committed in any motor vehicle, the Secretary of State must
7notify the driver licensing authority which issued such CLP or
8CDL of said conviction.
9 (b) Within 5 days after receiving a report of an Illinois
10conviction, or other verified evidence, of any driver from
11another state, for a violation of any law or local ordinance of
12this State, relating to motor vehicle traffic control, other
13than parking violations, committed in a commercial motor
14vehicle, the Secretary of State must notify the driver
15licensing authority which issued the person's driver's license
16of the conviction.
17(Source: P.A. 96-1080, eff. 7-16-10.)
18 (625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
19 Sec. 6-523. Reciprocity.
20 (a) Notwithstanding any law to the contrary, a person may
21drive a commercial motor vehicle in this State if the such
22person has a valid CDL, non-domiciled CDL, CLP, or
23non-domiciled CLP commercial driver's license or CDL
24instruction permit issued by another State or foreign
25jurisdiction as long as that such person has not been an

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1established domiciliary of this State for 30 days or more.
2 (b) The Secretary of State shall give out of state
3convictions full faith and credit and treat them for
4sanctioning purposes, under this UCDLA, just as if they
5occurred in this State.
6 (c) A CLP or CDL issued by this State or any other state
7before the date on and after which the state is prohibited from
8issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid
9until its stated expiration date.
10(Source: P.A. 94-307, eff. 9-30-05.)
11 (625 ILCS 5/6-704) (from Ch. 95 1/2, par. 6-704)
12 Sec. 6-704. Applications for New Licenses.
13 Upon application for a license to drive, the licensing
14authority in a party state shall ascertain whether the
15applicant has ever held, or is the holder of a license to drive
16issued by any other party state. The licensing authority in the
17state where application is made shall not issue a license to
18drive to the applicant if:
19 1. The applicant has held such a license, but the same has
20been suspended by reason, in whole or in part, of a violation
21and if such suspension period has not terminated.
22 2. The applicant has held such a license, but the same has
23been revoked by reason, in whole or in part, of a violation and
24if such revocation has not terminated, except that after the
25expiration of one year from the date the license was revoked,

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1such person may make application for a new license if permitted
2by law. The licensing authority may refuse to issue a license
3to any such applicant if, after investigation, the licensing
4authority determines that it will not be safe to grant to such
5person the privilege of driving a motor vehicle on the public
6highways.
7 3. The applicant is the holder of a license to drive issued
8by another party state and currently in force unless the
9applicant surrenders this such license, except that if an
10applicant is applying only for a non-domiciled commercial
11learner's permit or non-domiciled commercial driver's license,
12the applicant is not required to surrender the license issued
13by the applicant's state or country of domicile.
14(Source: P.A. 76-1615.)
15 (625 ILCS 5/1-111.5 rep.)
16 Section 10. The Illinois Vehicle Code is amended by
17repealing Section 1-111.5.
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