Bill Text: IL SB1924 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Makes changes to provisions regarding: the issuance of driver's licenses and identification cards; confidentiality of driver medical reports; information on school bus driver permits; application of school bus driver permit restrictions; issuance of graduated licenses and probationary licenses; cancellation of licenses or permits; discretionary authority to suspend or revoke licenses or permits; impoundment or forfeiture of a vehicle related to multiple summary suspensions; length of summary suspensions; driver training schools; and commercial driver's licenses. Effective immediately.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Passed) 2011-07-28 - Public Act . . . . . . . . . 97-0229 [SB1924 Detail]

Download: Illinois-2011-SB1924-Chaptered.html

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Public Act 097-0229
SB1924 Enrolled LRB097 08767 HEP 48897 b
AN ACT concerning the Secretary of State.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Section 13 and by adding Section 12.5 as follows:
(15 ILCS 335/12.5 new)
Sec. 12.5. Errors; documents; issuance of new card;
cancellation. The Secretary of State may, upon written notice
of at least 5 days to the person, require the person to appear
at a Driver Services facility if:
(i) the Secretary has issued an identification card in
error;
(ii) the person has become ineligible to retain the
identification card; or
(iii) the Secretary has good cause to believe that the
identification card was issued based on invalid,
fictitious, or fraudulent documents.
Upon the appearance of an identification card holder at a
Driver Services facility, the Secretary shall, as applicable,
correct the identification card error, issue a new
identification card, or verify that the identification card
holder possesses valid identification documents. Refusal or
neglect of the identification card holder to appear shall

result in the cancellation of the identification card.
(15 ILCS 335/13) (from Ch. 124, par. 33)
Sec. 13. Rejection, denial or revocations.
(a) The Secretary of State may reject or deny any
application if he:
1. is not satisfied with the genuineness, regularity or
legality of any application; or
2. has not been supplied with the required information;
or
3. is not satisfied with the truth of any information
or documentation supplied by an applicant; or
4. determines that the applicant is not entitled to the
card as applied for; or
5. determines that any fraud was committed by the
applicant; or
6. determines that a signature is not valid or is a
forgery; or
7. determines that the applicant has not paid the
prescribed fee; or
8. determines that the applicant has falsely claimed to
be a disabled person as defined in Section 4A of this Act;
or
9. cannot verify the accuracy of any information or
documentation submitted by the applicant.
(b) The Secretary of State may cancel or revoke any

identification card issued by him, upon determining that:
1. the holder is not legally entitled to the card; or
2. the applicant for the card made a false statement or
knowingly concealed a material fact in any application
filed by him under this Act; or
3. any person has displayed or represented as his own a
card not issued to him; or
4. any holder has permitted the display or use of his
card by any other person; or
5. that the signature of the applicant was forgery or
that the signature on the card is a forgery; or
6. a card has been used for any unlawful or fraudulent
purpose; or
7. a card has been altered or defaced; or
8. any card has been duplicated for any purpose; or
9. any card was utilized to counterfeit such cards; or
10. the holder of an Illinois Disabled Person
Identification Card is not a disabled person as defined in
Section 4A of this Act; or
11. the holder failed to appear at a Driver Services
facility for the reissuance of a card or to present
documentation for verification of identity.
(c) The Secretary of State is authorized to take possession
of and shall make a demand for return of any card which has
been cancelled or revoked, unlawfully or erroneously issued, or
issued in violation of this Act, and every person to whom such

demand is addressed, shall promptly and without delay, return
such card to the Secretary pursuant to his instructions, or, he
shall surrender any such card to the Secretary or any agent of
the Secretary upon demand.
(d) The Secretary of State is authorized to take possession
of any Illinois Identification Card or Illinois Disabled Person
Identification Card which has been cancelled or revoked, or
which is blank, or which has been altered or defaced or
duplicated or which is counterfeit or contains a forgery; or
otherwise issued in violation of this Act and may confiscate
any suspected fraudulent, fictitious, or altered documents
submitted by an applicant in support of an application for an
identification card.
(Source: P.A. 93-895, eff. 1-1-05.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 2-123, 6-101, 6-106.1, 6-106.11, 6-107,
6-113, 6-201, 6-206, 6-206.1, 6-207, 6-208.1, 6-401, 6-419,
6-507, and 6-908 as follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local

governments, elected state officials, state educational
institutions, and all other governmental units of the State and
Federal Government requesting them for governmental purposes.
The Secretary shall require any such applicant for services to
pay for the costs of furnishing such services and the use of
the equipment involved, and in addition is empowered to
establish prices and charges for the services so furnished and
for the use of the electronic equipment utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed in
subsection (a) of this Section, vehicle or driver data on a
computer tape, disk, other electronic format or computer
processable medium, or printout at a fixed fee of $250 for
orders received before October 1, 2003 and $500 for orders
received on or after October 1, 2003, in advance, and require
in addition a further sufficient deposit based upon the
Secretary of State's estimate of the total cost of the
information requested and a charge of $25 for orders received
before October 1, 2003 and $50 for orders received on or after
October 1, 2003, per 1,000 units or part thereof identified or
the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional
deposit and the actual cost of the request. This service shall
not be in lieu of an abstract of a driver's record nor of a
title or registration search. This service may be limited to
entities purchasing a minimum number of records as required by

administrative rule. The information sold pursuant to this
subsection shall be the entire vehicle or driver data list, or
part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless
the information is to be used for one of the purposes
identified in subsection (f-5) of this Section. Commercial
purchasers of driver and vehicle record databases shall enter
into a written agreement with the Secretary of State that
includes disclosure of the commercial use of the information to
be purchased.
(b-1) The Secretary is further empowered to and may, in his
or her discretion, furnish vehicle or driver data on a computer
tape, disk, or other electronic format or computer processible
medium, at no fee, to any State or local governmental agency
that uses the information provided by the Secretary to transmit
data back to the Secretary that enables the Secretary to
maintain accurate driving records, including dispositions of
traffic cases. This information may be provided without fee not
more often than once every 6 months.
(c) Secretary of State may issue registration lists. The
Secretary of State may compile a list of all registered
vehicles. Each list of registered vehicles shall be arranged
serially according to the registration numbers assigned to
registered vehicles and may contain in addition the names and
addresses of registered owners and a brief description of each
vehicle including the serial or other identifying number

thereof. Such compilation may be in such form as in the
discretion of the Secretary of State may seem best for the
purposes intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee of $500 each or at the cost of
producing the list as determined by the Secretary of State.
Such lists are to be used for governmental purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or
registration search of the records of his office and a written
report on the same for any person, upon written application of
such person, accompanied by a fee of $5 for each registration
or title search. The written application shall set forth the
intended use of the requested information. No fee shall be
charged for a title or registration search, or for the
certification thereof requested by a government agency. The
report of the title or registration search shall not contain
personally identifying information unless the request for a
search was made for one of the purposes identified in
subsection (f-5) of this Section. The report of the title or
registration search shall not contain highly restricted

personal information unless specifically authorized by this
Code.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 in addition to the fee required for a
title or registration search. Certification shall be made under
the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, who are employed by or are
acting on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the Illinois
Vehicle Code, the vehicle owner or registrant or other entities
as the Secretary may exempt by rule and regulation.

Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall be
subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any personally
identifying information obtained by the Secretary of State in
connection with a driver's license, vehicle, or title
registration record unless the information is disclosed for one
of the following purposes:
(1) For use by any government agency, including any
court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf
of a federal, State, or local agency in carrying out its
functions.
(2) For use in connection with matters of motor vehicle
or driver safety and theft; motor vehicle emissions; motor
vehicle product alterations, recalls, or advisories;
performance monitoring of motor vehicles, motor vehicle
parts, and dealers; and removal of non-owner records from
the original owner records of motor vehicle manufacturers.
(3) For use in the normal course of business by a
legitimate business or its agents, employees, or

contractors, but only:
(A) to verify the accuracy of personal information
submitted by an individual to the business or its
agents, employees, or contractors; and
(B) if such information as so submitted is not
correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing
fraud by, pursuing legal remedies against, or
recovering on a debt or security interest against, the
individual.
(4) For use in research activities and for use in
producing statistical reports, if the personally
identifying information is not published, redisclosed, or
used to contact individuals.
(5) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal,
State, or local court or agency or before any
self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or
pursuant to an order of a federal, State, or local court.
(6) For use by any insurer or insurance support
organization or by a self-insured entity or its agents,
employees, or contractors in connection with claims
investigation activities, antifraud activities, rating, or
underwriting.

(7) For use in providing notice to the owners of towed
or impounded vehicles.
(8) For use by any person licensed as a private
detective or firm licensed as a private detective agency
under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004,
private investigative agency or security service licensed
in Illinois for any purpose permitted under this
subsection.
(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under chapter
313 of title 49 of the United States Code.
(10) For use in connection with the operation of
private toll transportation facilities.
(11) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
(12) For use by members of the news media, as defined
in Section 1-148.5, for the purpose of newsgathering when
the request relates to the operation of a motor vehicle or
public safety.
(13) For any other use specifically authorized by law,
if that use is related to the operation of a motor vehicle
or public safety.
(f-6) The Secretary of State shall not disclose or

otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary of
State in connection with a driver's license, vehicle, or title
registration record unless specifically authorized by this
Code.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $6 before October 1, 2003 and
a fee of $12 on and after October 1, 2003, furnish to the
person or agency so requesting a driver's record. Such
document may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
Information released pursuant to a request for a driver's
record shall not contain personally identifying
information, unless the request for the driver's record was
made for one of the purposes set forth in subsection (f-5)
of this Section. The Secretary of State may, without fee,
allow a parent or guardian of a person under the age of 18
years, who holds an instruction permit or graduated
driver's license, to view that person's driving record
online, through a computer connection. The parent or

guardian's online access to the driving record will
terminate when the instruction permit or graduated
driver's license holder reaches the age of 18.
2. The Secretary of State shall not disclose or
otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary
of State in connection with a driver's license, vehicle, or
title registration record unless specifically authorized
by this Code. The Secretary of State may certify an
abstract of a driver's record upon written request
therefor. Such certification shall be made under the
signature of the Secretary of State and shall be
authenticated by the Seal of his office.
3. All requests for driving record information shall be
made in a manner prescribed by the Secretary and shall set
forth the intended use of the requested information.
The Secretary of State may notify the affected driver
of the request for purchase of his driver's record as the
Secretary deems appropriate.
No information shall be released to the requester until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or
firms licensed as a private detective agency under the

Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004, who are
employed by or are acting on behalf of law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, and other business entities for purposes
consistent with the Illinois Vehicle Code, the affected
driver or other entities as the Secretary may exempt by
rule and regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense, except
in the case of persons licensed as a private detective or
firms licensed as a private detective agency which shall be
subject to disciplinary sanctions under Section 40-10 of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
4. The Secretary of State may furnish without fee, upon
the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in the
enforcement of this Code or any other law relating to the
operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or previously
had, a driver's license; and the address and personal
description as reflected on said driver's record.

5. Except as otherwise provided in this Section, the
Secretary of State may furnish, without fee, information
from an individual driver's record on file, if a written
request therefor is submitted by any public transit system
or authority, public defender, law enforcement agency, a
state or federal agency, or an Illinois local
intergovernmental association, if the request is for the
purpose of a background check of applicants for employment
with the requesting agency, or for the purpose of an
official investigation conducted by the agency, or to
determine a current address for the driver so public funds
can be recovered or paid to the driver, or for any other
purpose set forth in subsection (f-5) of this Section.
The Secretary may also furnish the courts a copy of an
abstract of a driver's record, without fee, subsequent to
an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance. Such abstract may include
records of dispositions; documented information involving
the use of a motor vehicle as contained in the current
file; whether such individual has, or previously had, a
driver's license; and the address and personal description
as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of
State or transmitted electronically by the Secretary of
State pursuant to this Section, to a court or on request of
a law enforcement agency, for the record of a named person

as to the status of the person's driver's license shall be
prima facie evidence of the facts therein stated and if the
name appearing in such abstract is the same as that of a
person named in an information or warrant, such abstract
shall be prima facie evidence that the person named in such
information or warrant is the same person as the person
named in such abstract and shall be admissible for any
prosecution under this Code and be admitted as proof of any
prior conviction or proof of records, notices, or orders
recorded on individual driving records maintained by the
Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $6 before October 1, 2003 and a fee of
$12 on or after October 1, 2003, the Secretary of State
shall provide a driver's record to the affected driver, or
the affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
(4) of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers or any associated information obtained from the Social

Security Administration except pursuant to a written request
by, or with the prior written consent of, the individual
except: (1) to officers and employees of the Secretary who have
a need to know the social security numbers in performance of
their official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and if
the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of Transportation,
or any other State, pursuant to the administration and
enforcement of the Commercial Motor Vehicle Safety Act of 1986,
(4) pursuant to the order of a court of competent jurisdiction,
(5) to the Department of Healthcare and Family Services
(formerly Department of Public Aid) for utilization in the
child support enforcement duties assigned to that Department
under provisions of the Illinois Public Aid Code after the
individual has received advanced meaningful notification of
what redisclosure is sought by the Secretary in accordance with
the federal Privacy Act, (5.5) to the Department of Healthcare
and Family Services and the Department of Human Services solely
for the purpose of verifying Illinois residency where such
residency is an eligibility requirement for benefits under the
Illinois Public Aid Code or any other health benefit program
administered by the Department of Healthcare and Family
Services or the Department of Human Services, or (6) to the

Illinois Department of Revenue solely for use by the Department
in the collection of any tax or debt that the Department of
Revenue is authorized or required by law to collect, provided
that the Department shall not disclose the social security
number to any person or entity outside of the Department.
(i) (Blank).
(j) Medical statements or medical reports received in the
Secretary of State's Office shall be confidential. Except as
provided in this Section, no No confidential information may be
open to public inspection or the contents disclosed to anyone,
except officers and employees of the Secretary who have a need
to know the information contained in the medical reports and
the Driver License Medical Advisory Board, unless so directed
by an order of a court of competent jurisdiction. If the
Secretary receives a medical report regarding a driver that
does not address a medical condition contained in a previous
medical report, the Secretary may disclose the unaddressed
medical condition to the driver or his or her physician, or
both, solely for the purpose of submission of a medical report
that addresses the condition.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that (i) for
fees collected before October 1, 2003, $3 of the $6 fee for a
driver's record shall be paid into the Secretary of State
Special Services Fund, (ii) for fees collected on and after
October 1, 2003, of the $12 fee for a driver's record, $3 shall

be paid into the Secretary of State Special Services Fund and
$6 shall be paid into the General Revenue Fund, and (iii) for
fees collected on and after October 1, 2003, 50% of the amounts
collected pursuant to subsection (b) shall be paid into the
General Revenue Fund.
(l) (Blank).
(m) Notations of accident involvement that may be disclosed
under this Section shall not include notations relating to
damage to a vehicle or other property being transported by a
tow truck. This information shall remain confidential,
provided that nothing in this subsection (m) shall limit
disclosure of any notification of accident involvement to any
law enforcement agency or official.
(n) Requests made by the news media for driver's license,
vehicle, or title registration information may be furnished
without charge or at a reduced charge, as determined by the
Secretary, when the specific purpose for requesting the
documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal
purpose of the request is to access and disseminate information
regarding the health, safety, and welfare or the legal rights
of the general public and is not for the principal purpose of
gaining a personal or commercial benefit. The information
provided pursuant to this subsection shall not contain
personally identifying information unless the information is
to be used for one of the purposes identified in subsection

(f-5) of this Section.
(o) The redisclosure of personally identifying information
obtained pursuant to this Section is prohibited, except to the
extent necessary to effectuate the purpose for which the
original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules to
effectuate this Section.
(Source: P.A. 95-201, eff. 1-1-08; 95-287, eff. 1-1-08; 95-331,
eff. 8-21-07; 95-613, eff. 9-11-07; 95-876, eff. 8-21-08;
96-1383, eff. 1-1-11; 96-1501, eff. 1-25-11.)
(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
Sec. 6-101. Drivers must have licenses or permits.
(a) No person, except those expressly exempted by Section
6-102, shall drive any motor vehicle upon a highway in this
State unless such person has a valid license or permit, or a
restricted driving permit, issued under the provisions of this
Act.
(b) No person shall drive a motor vehicle unless he holds a
valid license or permit, or a restricted driving permit issued
under the provisions of Section 6-205, 6-206, or 6-113 of this
Act. Any person to whom a license is issued under the
provisions of this Act must surrender to the Secretary of State
all valid licenses or permits. No drivers license or
instruction permit shall be issued to any person who holds a
valid Foreign State license, identification card, or permit

unless such person first surrenders to the Secretary of State
any such valid Foreign State license, identification card, or
permit.
(b-5) Any person who commits a violation of subsection (a)
or (b) of this Section is guilty of a Class A misdemeanor, if
at the time of the violation the person's driver's license or
permit was cancelled under clause (a)9 of Section 6-201 of this
Code.
(c) Any person licensed as a driver hereunder shall not be
required by any city, village, incorporated town or other
municipal corporation to obtain any other license to exercise
the privilege thereby granted.
(d) In addition to other penalties imposed under this
Section, any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the motor
vehicle that was impounded and the notarized written consent
for the release by the vehicle owner.
(e) In addition to other penalties imposed under this
Section, the vehicle of any person in violation of this Section
who is also in violation of Section 7-601 of this Code relating
to mandatory insurance requirements and who, in violating this
Section, has caused death or personal injury to another person

is subject to forfeiture under Sections 36-1 and 36-2 of the
Criminal Code of 1961. For the purposes of this Section, a
personal injury shall include any type A injury as indicated on
the traffic accident report completed by a law enforcement
officer that requires immediate professional attention in
either a doctor's office or a medical facility. A type A injury
shall include severely bleeding wounds, distorted extremities,
and injuries that require the injured party to be carried from
the scene.
(Source: P.A. 94-993, eff. 1-1-07; 95-578, eff. 6-1-08.)
(625 ILCS 5/6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of

Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this
Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid
and does not lapse. The applicant shall be required to pay all
related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not been

revoked, suspended, or canceled for 3 years immediately
prior to the date of application, or have not had his or
her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school bus
safety, and special traffic laws relating to school buses
and submit to a review of the applicant's driving habits by
the Secretary of State at the time the written test is
given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not subject
to such testing pursuant to federal law, conducted by a
licensed physician, an advanced practice nurse who has a
written collaborative agreement with a collaborating
physician which authorizes him or her to perform medical
examinations, or a physician assistant who has been
delegated the performance of medical examinations by his or
her supervising physician within 90 days of the date of
application according to standards promulgated by the
Secretary of State;

7. affirm under penalties of perjury that he or she has
not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver safety
as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been convicted of 2 or more serious traffic
offenses, as defined by rule, within one year prior to the
date of application that may endanger the life or safety of
any of the driver's passengers within the duration of the
permit period;
10. not have been convicted of reckless driving,
aggravated reckless driving, driving while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof, or
reckless homicide resulting from the operation of a motor
vehicle within 3 years of the date of application;
11. not have been convicted of committing or attempting
to commit any one or more of the following offenses: (i)
those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,

9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
Section 8-1, and in subsection (a) and subsection (b),
clause (1), of Section 12-4, and in subsection (A), clauses
(a) and (b), of Section 24-3, and those offenses contained
in Article 29D of the Criminal Code of 1961; (ii) those
offenses defined in the Cannabis Control Act except those
offenses defined in subsections (a) and (b) of Section 4,
and subsection (a) of Section 5 of the Cannabis Control
Act; (iii) those offenses defined in the Illinois
Controlled Substances Act; (iv) those offenses defined in
the Methamphetamine Control and Community Protection Act;
(v) any offense committed or attempted in any other state
or against the laws of the United States, which if
committed or attempted in this State would be punishable as

one or more of the foregoing offenses; (vi) the offenses
defined in Section 4.1 and 5.1 of the Wrongs to Children
Act; (vii) those offenses defined in Section 6-16 of the
Liquor Control Act of 1934; and (viii) those offenses
defined in the Methamphetamine Precursor Control Act; .
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a motor
vehicle, caused an accident resulting in the death of any
person; and
14. not have, within the last 5 years, been adjudged to
be afflicted with or suffering from any mental disability
or disease.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, social security number and date of birth, a brief

description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the
holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a

provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in compliance
with the provisions of subsection (a) of this Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this

Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder failed to perform the
inspection procedure set forth in subsection (a) or (b) of
Section 12-816 of this Code.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related

cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the

permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
7-22-10; revised 9-2-10.)
(625 ILCS 5/6-106.11) (from Ch. 95 1/2, par. 6-106.11)
Sec. 6-106.11. (a) Any individual, corporation,
partnership or association, who through contractual
arrangements with a school district transports students,

teachers or other personnel of that district for compensation,
shall not permit any person to operate a school bus or any
other motor vehicle requiring a school bus driver permit
pursuant to that contract if the driver has not complied with
the provisions of Sections 6-106.1 of this Code or such other
rules or regulations that the Secretary of State may prescribe
for the classification, restriction or licensing of the school
bus driver permit holder drivers.
(b) A violation of this Section is a business offense and
shall subject the offender to a fine of no less than $1,000 nor
more than $10,000 for a first offense, no less than $1,500 nor
more than $15,000 for a second offense, and no less than $2,000
nor more than $20,000 for a third or subsequent offense. In
addition to any fines imposed under this subsection, any
offender who has been convicted three times under the
provisions of subsection (a) shall, upon a fourth or subsequent
conviction be prohibited from transporting or contracting to
transport students, teachers or other personnel of a school
district for a period of five years beginning with the date of
conviction of such fourth or subsequent conviction.
(Source: P.A. 83-1286.)
(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
Sec. 6-107. Graduated license.
(a) The purpose of the Graduated Licensing Program is to
develop safe and mature driving habits in young, inexperienced

drivers and reduce or prevent motor vehicle accidents,
fatalities, and injuries by:
(1) providing for an increase in the time of practice
period before granting permission to obtain a driver's
license;
(2) strengthening driver licensing and testing
standards for persons under the age of 21 years;
(3) sanctioning driving privileges of drivers under
age 21 who have committed serious traffic violations or
other specified offenses; and
(4) setting stricter standards to promote the public's
health and safety.
(b) The application of any person under the age of 18
years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the
laws of this State, shall be accompanied by the written consent
of either parent of the applicant; otherwise by the guardian
having custody of the applicant, or in the event there is no
parent or guardian, then by another responsible adult. The
written consent must accompany any application for a driver's
license under this subsection (b), regardless of whether or not
the required written consent also accompanied the person's
previous application for an instruction permit.
No graduated driver's license shall be issued to any
applicant under 18 years of age, unless the applicant is at
least 16 years of age and has:

(1) Held a valid instruction permit for a minimum of 9
months.
(2) Passed an approved driver education course and
submits proof of having passed the course as may be
required.
(3) Certification by the parent, legal guardian, or
responsible adult that the applicant has had a minimum of
50 hours of behind-the-wheel practice time, at least 10
hours of which have been at night, and is sufficiently
prepared and able to safely operate a motor vehicle.
(b-1) No graduated driver's license shall be issued to any
applicant who is under 18 years of age and not legally
emancipated by marriage, unless the applicant has graduated
from a secondary school of this State or any other state, is
enrolled in a course leading to a general educational
development (GED) certificate, has obtained a GED certificate,
is enrolled in an elementary or secondary school or college or
university of this State or any other state and is not a
chronic or habitual truant as provided in Section 26-2a of the
School Code, or is receiving home instruction and submits proof
of meeting any of those requirements at the time of
application.
An applicant under 18 years of age who provides proof
acceptable to the Secretary that the applicant has resumed
regular school attendance or home instruction or that his or
her application was denied in error shall be eligible to

receive a graduated license if other requirements are met. The
Secretary shall adopt rules for implementing this subsection
(b-1).
(c) No graduated driver's license or permit shall be issued
to any applicant under 18 years of age who has committed the
offense of operating a motor vehicle without a valid license or
permit in violation of Section 6-101 of this Code or a similar
out of state offense and no graduated driver's license or
permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in
Section 6-205 of this Code or who has been either convicted of
or adjudicated a delinquent based upon a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
the Use of Intoxicating Compounds Act, or the Methamphetamine
Control and Community Protection Act while that individual was
in actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act shall not be considered
convicted. Any person found guilty of this offense, while in
actual physical control of a motor vehicle, shall have an entry
made in the court record by the judge that this offense did
occur while the person was in actual physical control of a
motor vehicle and order the clerk of the court to report the

violation to the Secretary of State as such.
(d) No graduated driver's license shall be issued for 9
months to any applicant under the age of 18 years who has
committed and subsequently been convicted of an offense against
traffic regulations governing the movement of vehicles, or any
violation of this Section or Section 12-603.1 of this Code, or
who has received a disposition of court supervision for a
violation of Section 6-20 of the Illinois Liquor Control Act of
1934 or a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age of
18 years shall operate any motor vehicle, except a motor driven
cycle or motorcycle, with more than one passenger in the front
seat of the motor vehicle and no more passengers in the back
seats than the number of available seat safety belts as set
forth in Section 12-603 of this Code. If a graduated driver's
license holder over the age of 18 committed an offense against
traffic regulations governing the movement of vehicles or any
violation of this Section or Section 12-603.1 of this Code in
the 6 months prior to the graduated driver's license holder's
18th birthday, and was subsequently convicted of the violation,
the provisions of this paragraph shall continue to apply until
such time as a period of 6 consecutive months has elapsed
without an additional violation and subsequent conviction of an
offense against traffic regulations governing the movement of
vehicles or any violation of this Section or Section 12-603.1
of this Code.

(f) No graduated driver's license holder under the age of
18 shall operate a motor vehicle unless each driver and
passenger under the age of 19 is wearing a properly adjusted
and fastened seat safety belt and each child under the age of 8
is protected as required under the Child Passenger Protection
Act. If a graduated driver's license holder over the age of 18
committed an offense against traffic regulations governing the
movement of vehicles or any violation of this Section or
Section 12-603.1 of this Code in the 6 months prior to the
graduated driver's license holder's 18th birthday, and was
subsequently convicted of the violation, the provisions of this
paragraph shall continue to apply until such time as a period
of 6 consecutive months has elapsed without an additional
violation and subsequent conviction of an offense against
traffic regulations governing the movement of vehicles or any
violation of this Section or Section 12-603.1 of this Code.
(g) If a graduated driver's license holder is under the age
of 18 when he or she receives the license, for the first 12
months he or she holds the license or until he or she reaches
the age of 18, whichever occurs sooner, the graduated license
holder may not operate a motor vehicle with more than one
passenger in the vehicle who is under the age of 20, unless any
additional passenger or passengers are siblings,
step-siblings, children, or stepchildren of the driver. If a
graduated driver's license holder committed an offense against
traffic regulations governing the movement of vehicles or any

violation of this Section or Section 12-603.1 of this Code
during the first 12 months the license is held and subsequently
is convicted of the violation, the provisions of this paragraph
shall remain in effect until such time as a period of 6
consecutive months has elapsed without an additional violation
and subsequent conviction of an offense against traffic
regulations governing the movement of vehicles or any violation
of this Section or Section 12-603.1 of this Code.
(h) It shall be an offense for a person that is age 15, but
under age 20, to be a passenger in a vehicle operated by a
driver holding a graduated driver's license during the first 12
months the driver holds the license or until the driver reaches
the age of 18, whichever occurs sooner, if another passenger
under the age of 20 is present, excluding a sibling,
step-sibling, child, or step-child of the driver.
(Source: P.A. 95-310, eff. 1-1-08; 95-331, eff. 8-21-07;
96-607, eff. 8-24-09.)
(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
Sec. 6-113. Restricted licenses and permits.
(a) The Secretary of State upon issuing a drivers license
or permit shall have the authority whenever good cause appears
to impose restrictions suitable to the licensee's driving
ability with respect to the type of, or special mechanical
control devices required on, a motor vehicle which the licensee
may operate or such other restrictions applicable to the

licensee as the Secretary of State may determine to be
appropriate to assure the safe operation of a motor vehicle by
the licensee.
(b) The Secretary of State may either issue a special
restricted license or permit or may set forth such restrictions
upon the usual license or permit form.
(c) The Secretary of State may issue a probationary license
to a person whose driving privileges have been suspended
pursuant to subsection (d) of this Section or subsection
subsections (a)(2) , (a)(19) and (a)(20) of Section 6-206 of
this Code. This subsection (c) does not apply to any driver
required to possess a CDL for the purpose of operating a
commercial motor vehicle. The Secretary of State shall
promulgate rules pursuant to the Illinois Administrative
Procedure Act, setting forth the conditions and criteria for
the issuance and cancellation of probationary licenses.
(d) The Secretary of State may upon receiving satisfactory
evidence of any violation of the restrictions of such license
or permit suspend, revoke or cancel the same without
preliminary hearing, but the licensee or permittee shall be
entitled to a hearing as in the case of a suspension or
revocation.
(e) It is unlawful for any person to operate a motor
vehicle in any manner in violation of the restrictions imposed
on a restricted license or permit issued to him.
(f) Whenever the holder of a restricted driving permit is

issued a citation for any of the following offenses including
similar local ordinances, the restricted driving permit is
immediately invalidated:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Act relating to
the operation of a motor vehicle while under the influence
of intoxicating liquor or narcotic drugs;
3. Violation of Section 11-401 of this Act relating to
the offense of leaving the scene of a traffic accident
involving death or injury;
4. Violation of Section 11-504 of this Act relating to
the offense of drag racing; or
5. Violation of Section 11-506 of this Act relating to
the offense of street racing.
The police officer issuing the citation shall confiscate
the restricted driving permit and forward it, along with the
citation, to the Clerk of the Circuit Court of the county in
which the citation was issued.
(g) The Secretary of State may issue a special restricted
license for a period of 12 months to individuals using vision
aid arrangements other than standard eyeglasses or contact
lenses, allowing the operation of a motor vehicle during
nighttime hours. The Secretary of State shall adopt rules
defining the terms and conditions by which the individual may
obtain and renew this special restricted license. At a minimum,

all drivers must meet the following requirements:
1. Possess a valid driver's license and have operated a
motor vehicle during daylight hours for a period of 12
months using vision aid arrangements other than standard
eyeglasses or contact lenses.
2. Have a driving record that does not include any
traffic accidents that occurred during nighttime hours,
for which the driver has been found to be at fault, during
the 12 months before he or she applied for the special
restricted license.
3. Successfully complete a road test administered
during nighttime hours.
At a minimum, all drivers renewing this license must meet
the following requirements:
1. Successfully complete a road test administered
during nighttime hours.
2. Have a driving record that does not include any
traffic accidents that occurred during nighttime hours,
for which the driver has been found to be at fault, during
the 12 months before he or she applied for the special
restricted license.
(h) Any driver issued a special restricted license as
defined in subsection (g) whose privilege to drive during
nighttime hours has been suspended due to an accident occurring
during nighttime hours may request a hearing as provided in
Section 2-118 of this Code to contest that suspension. If it is

determined that the accident for which the driver was at fault
was not influenced by the driver's use of vision aid
arrangements other than standard eyeglasses or contact lenses,
the Secretary may reinstate that driver's privilege to drive
during nighttime hours.
(Source: P.A. 95-310, eff. 1-1-08; 95-382, eff. 8-23-07;
95-876, eff. 8-21-08.)
(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof hereunder;
or
2. failed to give the required or correct information
in his application; or
3. failed to pay any fees, civil penalties owed to the
Illinois Commerce Commission, or taxes due under this Act
and upon reasonable notice and demand; or
4. committed any fraud in the making of such
application; or
5. is ineligible therefor under the provisions of
Section 6-103 of this Act, as amended; or
6. has refused or neglected to submit an alcohol, drug,
and intoxicating compound evaluation or to submit to
examination or re-examination as required under this Act;

or
7. has been convicted of violating the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Use of Intoxicating Compounds Act while that individual
was in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
shall not be considered convicted. Any person found guilty
of this offense, while in actual physical control of a
motor vehicle, shall have an entry made in the court record
by the judge that this offense did occur while the person
was in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. After the cancellation, the
Secretary of State shall not issue a new license or permit
for a period of one year after the date of cancellation.
However, upon application, the Secretary of State may, if
satisfied that the person applying will not endanger the
public safety, or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle
between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's
employment related duties, or to allow transportation for

the petitioner or a household member of the petitioner's
family for the receipt of necessary medical care, or
provide transportation for the petitioner to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or for the
petitioner to attend classes, as a student, in an
accredited educational institution. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available; provided that the Secretary's
discretion shall be limited to cases where undue hardship,
as defined by the rules of the Secretary of State, would
result from a failure to issue such restricted driving
permit. In each case the Secretary of State may issue such
restricted driving permit for such period as he deems
appropriate, except that such permit shall expire within
one year from the date of issuance. A restricted driving
permit issued hereunder shall be subject to cancellation,
revocation and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued
hereunder may be cancelled, revoked or suspended; except
that a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension or
cancellation of a restricted driving permit. The Secretary
of State may, as a condition to the issuance of a
restricted driving permit, require the applicant to

participate in a driver remedial or rehabilitative
program. In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding
a CDL whose driving privileges have been revoked,
suspended, cancelled, or disqualified under this Code; or
8. failed to submit a report as required by Section
6-116.5 of this Code; or
9. has been convicted of a sex offense as defined in
the Sex Offender Registration Act. The driver's license
shall remain cancelled until the driver registers as a sex
offender as required by the Sex Offender Registration Act,
proof of the registration is furnished to the Secretary of
State and the sex offender provides proof of current
address to the Secretary; or
10. is ineligible for a license or permit under Section
6-107, 6-107.1, or 6-108 of this Code; or
11. refused or neglected to appear at a Driver Services
facility to have the license or permit corrected and a new
license or permit issued or to present documentation for
verification of identity.
(b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,

issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07;
94-993, eff. 1-1-07; 95-331, eff. 8-21-07; 95-382, eff.
8-23-07; 95-627, eff. 6-1-08; 95-876, eff. 8-21-08.)
(625 ILCS 5/6-206)
(Text of Section before amendment by P.A. 96-1344)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of

offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;

8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,

6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 relating to criminal trespass to
vehicles in which case, the suspension shall be for one
year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of

the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted of the illegal possession, while
operating or in actual physical control, as a driver, of a
motor vehicle, of any controlled substance prohibited
under the Illinois Controlled Substances Act, any cannabis

prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act, in which case the
person's driving privileges shall be suspended for one
year, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous
conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the
Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. Any defendant found guilty of this offense while
operating a motor vehicle, shall have an entry made in the
court record by the presiding judge that this offense did
occur while the defendant was operating a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute and the manufacture,

sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in an
alcohol concentration of 0.08 or more or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis as listed in the Cannabis
Control Act, a controlled substance as listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated discharge
of a firearm if the offender was located in a motor vehicle
at the time the firearm was discharged, in which case the
suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of

a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code;
35. Has committed a violation of Section 11-1301.6 of
this Code;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in

which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section; or
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,

a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as
an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other

driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of
operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118

of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons who do not hold driving privileges and are
living in the petitioner's household to and from daycare.
The petitioner must demonstrate that no alternative means
of transportation is reasonably available and that the

petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has
been equipped with an ignition interlock device as
defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or

(ii) a statutory summary suspension under
Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.
(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the

result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961, where the use of alcohol or other drugs
is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving
permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require
the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of
State is authorized to cancel a restricted driving
permit if the permit holder does not successfully
complete the program.
(c-3) In the case of a suspension under paragraph 43 of

subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.

(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
96-1305, eff. 1-1-11; revised 9-2-10.)
(Text of Section after amendment by P.A. 96-1344)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses

against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or

offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application

process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 relating to criminal trespass to
vehicles in which case, the suspension shall be for one
year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;

21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;

27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted of the illegal possession, while
operating or in actual physical control, as a driver, of a
motor vehicle, of any controlled substance prohibited
under the Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act, in which case the
person's driving privileges shall be suspended for one
year, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous
conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the
Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. Any defendant found guilty of this offense while
operating a motor vehicle, shall have an entry made in the
court record by the presiding judge that this offense did
occur while the defendant was operating a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State;
29. Has been convicted of the following offenses that

were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in an
alcohol concentration of 0.08 or more or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis as listed in the Cannabis
Control Act, a controlled substance as listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the

Criminal Code of 1961 relating to the aggravated discharge
of a firearm if the offender was located in a motor vehicle
at the time the firearm was discharged, in which case the
suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code;
35. Has committed a violation of Section 11-1301.6 of
this Code;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;

40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section; or
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for

another person.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as

an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other
driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of

operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118
of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an

accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons who do not hold driving privileges and are
living in the petitioner's household to and from daycare.
The petitioner must demonstrate that no alternative means
of transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has
been equipped with an ignition interlock device as
defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section

11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.

(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961, where the use of alcohol or other drugs
is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving
permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require

the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of
State is authorized to cancel a restricted driving
permit if the permit holder does not successfully
complete the program.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he

or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
96-1305, eff. 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
Sec. 6-206.1. Monitoring Device Driving Permit.
Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol,
other drug or drugs, or intoxicating compound or compounds is a

threat to the public safety and welfare. Therefore, to provide
a deterrent to such practice, a statutory summary driver's
license suspension is appropriate. It is also recognized that
driving is a privilege and therefore, that the granting of
driving privileges, in a manner consistent with public safety,
is warranted during the period of suspension in the form of a
monitoring device driving permit. A person who drives and fails
to comply with the requirements of the monitoring device
driving permit commits a violation of Section 6-303 of this
Code.
The following procedures shall apply whenever a first
offender is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
(a) Subsequent to a notification of a statutory summary
suspension of driving privileges as provided in Section
11-501.1, the court, after informing the first offender, as
defined in Section 11-500, of his or her right to a monitoring
device driving permit, hereinafter referred to as a MDDP, and
of the obligations of the MDDP, shall enter an order directing
the Secretary of State (hereinafter referred to as the
Secretary) to issue a MDDP to the offender, unless the offender
has opted, in writing, not to have a MDDP issued. After opting
out of having a MDDP issued, at any time during the summary
suspension, the offender may petition the court for an order
directing the Secretary to issue a MDDP. However, the court
shall not enter the order directing the Secretary to issue the

MDDP, in any instance, if the court finds:
(1) The offender's driver's license is otherwise
invalid;
(2) Death or great bodily harm resulted from the arrest
for Section 11-501;
(3) That the offender has been previously convicted of
reckless homicide or aggravated driving under the
influence involving death; or
(4) That the offender is less than 18 years of age.
Any court order for a MDDP shall order the person to pay
the Secretary a MDDP Administration Fee in an amount not to
exceed $30 per month, to be deposited into the Monitoring
Device Driving Permit Administration Fee Fund. The Secretary
shall establish by rule the amount and the procedures, terms,
and conditions relating to these fees. The order shall further
specify that the offender must have an ignition interlock
device installed within 14 days of the date the Secretary
issues the MDDP. The ignition interlock device provider must
notify the Secretary, in a manner and form prescribed by the
Secretary, of the installation. If the Secretary does not
receive notice of installation, the Secretary shall cancel the
MDDP.
A MDDP shall not become effective prior to the 31st day of
the original statutory summary suspension.
(a-1) A person issued a MDDP may drive for any purpose and
at any time, subject to the rules adopted by the Secretary

under subsection (g). The person must, at his or her own
expense, drive only vehicles equipped with an ignition
interlock device as defined in Section 1-129.1, but in no event
shall such person drive a commercial motor vehicle.
(a-2) Persons who are issued a MDDP and must drive
employer-owned vehicles in the course of their employment
duties may seek permission to drive an employer-owned vehicle
that does not have an ignition interlock device. The employer
shall provide to the Secretary a form, as prescribed by the
Secretary, completed by the employer verifying that the
employee must drive an employer-owned vehicle in the course of
employment. If approved by the Secretary, the form must be in
the driver's possession while operating an employer-owner
vehicle not equipped with an ignition interlock device. No
person may use this exemption to drive a school bus, school
vehicle, or a vehicle designed to transport more than 15
passengers. No person may use this exemption to drive an
employer-owned motor vehicle that is owned by an entity that is
wholly or partially owned by the person holding the MDDP, or by
a family member of the person holding the MDDP. No person may
use this exemption to drive an employer-owned vehicle that is
made available to the employee for personal use. No person may
drive the exempted vehicle more than 12 hours per day, 6 days
per week.
(b) (Blank).
(c) (Blank).

(c-1) If the holder of the MDDP is convicted of or receives
court supervision for a violation of Section 6-206.2, 6-303,
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
provision of a local ordinance or a similar out-of-state
offense or is convicted of or receives court supervision for
any offense for which alcohol or drugs is an element of the
offense and in which a motor vehicle was involved (for an
arrest other than the one for which the MDDP is issued), or
de-installs the BAIID without prior authorization from the
Secretary, the MDDP shall be cancelled.
(c-5) If the court determines that the person seeking the
MDDP is indigent, the court shall provide the person with a
written document, in a form prescribed by the Secretary, as
evidence of that determination, and the person shall provide
that written document to an ignition interlock device provider.
The provider shall install an ignition interlock device on that
person's vehicle without charge to the person, and seek
reimbursement from the Indigent BAIID Fund. If the court has
deemed an offender indigent, the BAIID provider shall also
provide the normal monthly monitoring services and the
de-installation without charge to the offender and seek
reimbursement from the Indigent BAIID Fund. Any other monetary
charges, such as a lockout fee or reset fee, shall be the
responsibility of the MDDP holder. A BAIID provider may not
seek a security deposit from the Indigent BAIID Fund. The court
shall also forward a copy of the indigent determination to the

Secretary, in a manner and form as prescribed by the Secretary.
(d) The Secretary shall, upon receiving a court order,
issue a MDDP to a person who applies for a MDDP under this
Section. Such court order shall contain the name, driver's
license number, and legal address of the applicant. This
information shall be available only to the courts, police
officers, and the Secretary, except during the actual period
the MDDP is valid, during which time it shall be a public
record. The Secretary shall design and furnish to the courts an
official court order form to be used by the courts when
directing the Secretary to issue a MDDP.
Any submitted court order that contains insufficient data
or fails to comply with this Code shall not be utilized for
MDDP issuance or entered to the driver record but shall be
returned to the issuing court indicating why the MDDP cannot be
so entered. A notice of this action shall also be sent to the
MDDP applicant by the Secretary.
(e) (Blank).
(f) (Blank).
(g) The Secretary shall adopt rules for implementing this
Section. The rules adopted shall address issues including, but
not limited to: compliance with the requirements of the MDDP;
methods for determining compliance with those requirements;
the consequences of noncompliance with those requirements;
what constitutes a violation of the MDDP; and the duties of a
person or entity that supplies the ignition interlock device.

(h) The rules adopted under subsection (g) shall provide,
at a minimum, that the person is not in compliance with the
requirements of the MDDP if he or she:
(1) tampers or attempts to tamper with or circumvent
the proper operation of the ignition interlock device;
(2) provides valid breath samples that register blood
alcohol levels in excess of the number of times allowed
under the rules;
(3) fails to provide evidence sufficient to satisfy the
Secretary that the ignition interlock device has been
installed in the designated vehicle or vehicles; or
(4) fails to follow any other applicable rules adopted
by the Secretary.
(i) Any person or entity that supplies an ignition
interlock device as provided under this Section shall, in
addition to supplying only those devices which fully comply
with all the rules adopted under subsection (g), provide the
Secretary, within 7 days of inspection, all monitoring reports
of each person who has had an ignition interlock device
installed. These reports shall be furnished in a manner or form
as prescribed by the Secretary.
(j) Upon making a determination that a violation of the
requirements of the MDDP has occurred, the Secretary shall
extend the summary suspension period for an additional 3 months
beyond the originally imposed summary suspension period,
during which time the person shall only be allowed to drive

vehicles equipped with an ignition interlock device; provided
further there are no limitations on the total number of times
the summary suspension may be extended. The Secretary may,
however, limit the number of extensions imposed for violations
occurring during any one monitoring period, as set forth by
rule. Any person whose summary suspension is extended pursuant
to this Section shall have the right to contest the extension
through a hearing with the Secretary, pursuant to Section 2-118
of this Code. If the summary suspension has already terminated
prior to the Secretary receiving the monitoring report that
shows a violation, the Secretary shall be authorized to suspend
the person's driving privileges for 3 months, provided that the
Secretary may, by rule, limit the number of suspensions to be
entered pursuant to this paragraph for violations occurring
during any one monitoring period. Any person whose license is
suspended pursuant to this paragraph, after the summary
suspension had already terminated, shall have the right to
contest the suspension through a hearing with the Secretary,
pursuant to Section 2-118 of this Code. The only permit the
person shall be eligible for during this new suspension period
is a MDDP.
(k) A person who has had his or her summary suspension
extended for the third time, or has any combination of 3
extensions and new suspensions, entered as a result of a
violation that occurred while holding the MDDP, so long as the
extensions and new suspensions relate to the same summary

suspension, shall have his or her vehicle impounded for a
period of 30 days, at the person's own expense. A person who
has his or her summary suspension extended for the fourth time,
or has any combination of 4 extensions and new suspensions,
entered as a result of a violation that occurred while holding
the MDDP, so long as the extensions and new suspensions relate
to the same summary suspension, shall have his or her vehicle
subject to seizure and forfeiture. The Secretary shall notify
the prosecuting authority of any third or fourth extensions or
new suspension entered as a result of a violation that occurred
while the person held a MDDP. Upon receipt of the notification,
the prosecuting authority shall impound or forfeit the vehicle.
The impoundment or forfeiture of a vehicle shall be conducted
pursuant to the procedure specified in Article 36 of the
Criminal Code of 1961.
(l) A person whose driving privileges have been suspended
under Section 11-501.1 of this Code and who had a MDDP that was
cancelled, or would have been cancelled had notification of a
violation been received prior to expiration of the MDDP,
pursuant to subsection (c-1) of this Section, shall not be
eligible for reinstatement when the summary suspension is
scheduled to terminate. Instead, the person's driving
privileges shall be suspended for a period of not less than
twice the original summary suspension period, or for the length
of any extensions entered under subsection (j), whichever is
longer. During the period of suspension, the person shall be

eligible only to apply for a restricted driving permit. If a
restricted driving permit is granted, the offender may only
operate vehicles equipped with a BAIID in accordance with this
Section.
(m) Any person or entity that supplies an ignition
interlock device under this Section shall, for each ignition
interlock device installed, pay 5% of the total gross revenue
received for the device, including monthly monitoring fees,
into the Indigent BAIID Fund. This 5% shall be clearly
indicated as a separate surcharge on each invoice that is
issued. The Secretary shall conduct an annual review of the
fund to determine whether the surcharge is sufficient to
provide for indigent users. The Secretary may increase or
decrease this surcharge requirement as needed.
(n) Any person or entity that supplies an ignition
interlock device under this Section that is requested to
provide an ignition interlock device to a person who presents
written documentation of indigency from the court, as provided
in subsection (c-5) of this Section, shall install the device
on the person's vehicle without charge to the person and shall
seek reimbursement from the Indigent BAIID Fund.
(o) The Indigent BAIID Fund is created as a special fund in
the State treasury. The Secretary shall, subject to
appropriation by the General Assembly, use all money in the
Indigent BAIID Fund to reimburse ignition interlock device
providers who have installed devices in vehicles of indigent

persons pursuant to court orders issued under this Section. The
Secretary shall make payments to such providers every 3 months.
If the amount of money in the fund at the time payments are
made is not sufficient to pay all requests for reimbursement
submitted during that 3 month period, the Secretary shall make
payments on a pro-rata basis, and those payments shall be
considered payment in full for the requests submitted.
(p) The Monitoring Device Driving Permit Administration
Fee Fund is created as a special fund in the State treasury.
The Secretary shall, subject to appropriation by the General
Assembly, use the money paid into this fund to offset its
administrative costs for administering MDDPs.
(Source: P.A. 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; 95-855,
eff. 1-1-09; 95-876, eff. 8-21-08; 96-184, eff. 8-10-09.)
(625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
Sec. 6-207. Secretary of State may require reexamination or
reissuance of a license.
(a) The Secretary of State, having good cause to believe
that a licensed driver or person holding a permit or applying
for a license or license renewal is incompetent or otherwise
not qualified to hold a license or permit, may upon written
notice of at least 5 days to the person require the person to
submit to an examination as prescribed by the Secretary.
Refusal or neglect of the person to submit an alcohol,
drug, or intoxicating compound evaluation or submit to or

failure to successfully complete the examination is grounds for
suspension of the person's license or permit under Section
6-206 of this Act or cancellation of his license or permit
under Section 6-201 of this Act.
(b) The Secretary of State, having issued a driver's
license or permit in error, may upon written notice of at least
5 days to the person, require the person to appear at a Driver
Services facility to have the license or permit error corrected
and a new license or permit issued.
Refusal or neglect of the person to appear is grounds for
cancellation of the person's license or permit under Section
6-201 of this Act.
(c) The Secretary of State, having issued a driver's
license or permit to a person who subsequently becomes
ineligible to retain that license or permit as currently
issued, may, upon written notice of at least 5 days to the
person, require the person to appear at a Driver Services
facility to have the license or permit corrected and a new
license or permit issued.
(d) The Secretary of State, having good cause to believe
that a driver's license or permit was issued based on invalid,
fictitious, or fraudulent documents, may upon written notice of
at least 5 days require the person to appear at a Driver
Services facility to present valid documents for verification
of identity. Refusal or neglect of the person to appear shall
result in cancellation of the person's license or permit.

(Source: P.A. 95-382, eff. 8-23-07.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
(Text of Section before amendment by P.A. 96-1344)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:
1. Twelve months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, drug, or
intoxicating compound concentration, pursuant to Section
11-501.1; or
2. Six months from the effective date of the statutory
summary suspension imposed following the person's
submission to a chemical test which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's
breath, blood, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act,
a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use
of Intoxicating Compounds Act, or methamphetamine as

listed in the Methamphetamine Control and Community
Protection Act, pursuant to Section 11-501.1; or
3. Three years from the effective date of the statutory
summary suspension for any person other than a first
offender who refuses or fails to complete a test or tests
to determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more pursuant
to Section 11-501.1 or any amount of a drug, substance or
compound in such person's blood or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If the
court has reason to believe that the person's driving privilege
should not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary

suspension so appropriate action may be taken pursuant to this
Code.
(c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
(d) Where a driving privilege has been summarily suspended
under Section 11-501.1 and the person is subsequently convicted
of violating Section 11-501, or a similar provision of a local
ordinance, for the same incident, any period served on
statutory summary suspension shall be credited toward the
minimum period of revocation of driving privileges imposed
pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first offender,
the circuit court shall, unless the offender has opted in
writing not to have a monitoring device driving permit issued,
order the Secretary of State to issue a monitoring device
driving permit as provided in Section 6-206.1. A monitoring
device driving permit shall not be effective prior to the 31st
day of the statutory summary suspension.
(f) (Blank).
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500, the
Secretary of State may not issue a restricted driving permit.

(h) (Blank).
(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
eff. 8-21-08.)
(Text of Section after amendment by P.A. 96-1344)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension or
revocation.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:
1. Twelve months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, drug, or
intoxicating compound concentration, pursuant to Section
11-501.1, if the person was not involved in a motor vehicle
crash that caused personal injury or death to another; or
2. Six months from the effective date of the statutory
summary suspension imposed following the person's
submission to a chemical test which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's
breath, blood, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act,

a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use
of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, pursuant to Section 11-501.1; or
3. Three years from the effective date of the statutory
summary suspension for any person other than a first
offender who refuses or fails to complete a test or tests
to determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more pursuant
to Section 11-501.1 or any amount of a drug, substance or
compound in such person's blood or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act.
(a-1) Unless the statutory summary revocation has been
rescinded, any person whose privilege to drive has been
summarily revoked pursuant to Section 11-501.1 may not make
application for a license or permit until the expiration of one

year from the effective date of the summary revocation.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If the
court has reason to believe that the person's driving privilege
should not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this
Code.
(c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
(d) Where a driving privilege has been summarily suspended
or revoked under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension or revocation
shall be credited toward the minimum period of revocation of
driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first offender,
the circuit court shall, unless the offender has opted in
writing not to have a monitoring device driving permit issued,
order the Secretary of State to issue a monitoring device

driving permit as provided in Section 6-206.1. A monitoring
device driving permit shall not be effective prior to the 31st
day of the statutory summary suspension. A first offender who
refused chemical testing and whose driving privileges were
summarily revoked pursuant to Section 11-501.1 shall not be
eligible for a monitoring device driving permit, but may make
application for reinstatement or for a restricted driving
permit after a period of one year has elapsed from the
effective date of the revocation any type of driving permit or
privilege during the summary revocation.
(f) (Blank).
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500, the
Secretary of State may not issue a restricted driving permit.
(h) (Blank).
(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
eff. 8-21-08; 96-1344, eff. 7-1-11.)
(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
Sec. 6-401. Driver training schools-license required. No
person, firm, association, partnership or corporation shall
operate a driver training school or engage in the business of
giving instruction for hire or for a fee in (1) the driving of
motor vehicles; or (2) for the preparation of an applicant for
examination given by the Secretary of State for a drivers

license or permit, unless a license therefor has been issued by
the Secretary. No public schools or educational institutions
shall contract with entities engaged in the business of giving
instruction for hire or for a fee in the driving of motor
vehicles for the preparation of an applicant for examination
given by the Secretary of State for a driver's license or
permit, unless a license therefor has been issued by the
Secretary.
This Section shall not apply to (i) public schools or to
educational institutions in which driving instruction is part
of the curriculum, (ii) employers giving instruction to their
employees, or (iii) schools that teach enhanced driving skills
to licensed drivers as set forth in Article X of Chapter 6 of
this Code.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
(625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
Sec. 6-419. Rules and Regulations. The Secretary is
authorized to prescribe by rule standards for the eligibility,
conduct and operation of driver training schools, and
instructors and to adopt other reasonable rules and regulations
necessary to carry out the provisions of this Act. The
Secretary may adopt rules exempting particular types of driver
training schools from specific statutory provisions in
Sections 6-401 through 6-424, where application of those
provisions would be inconsistent with the manner of instruction

offered by those schools.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
Sec. 6-507. Commercial Driver's License (CDL) Required.
(a) Except as expressly permitted by this UCDLA, or when
driving pursuant to the issuance of a commercial driver
instruction permit and accompanied by the holder of a CDL valid
for the vehicle being driven; no person shall drive a
commercial motor vehicle on the highways without:
(1) a CDL in the driver's possession;
(2) having obtained a CDL; or
(3) the proper class of CDL or endorsements or both for
the specific vehicle group being operated or for the
passengers or type of cargo being transported.
(b) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways while such
person's driving privilege, license, or permit is:
(1) Suspended, revoked, cancelled, or subject to
disqualification. Any person convicted of violating this
provision or a similar provision of this or any other state
shall have their driving privileges revoked under
paragraph 12 of subsection (a) of Section 6-205 of this
Code.
(2) Subject to or in violation of an "out-of-service"
order. Any person who has been issued a CDL and is

convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i)
of Section 6-514 of this Code.
(3) Subject to or in violation of a driver or vehicle
"out of service" order while operating a vehicle designed
to transport 16 or more passengers, including the driver,
or transporting hazardous materials required to be
placarded. Any person who has been issued a CDL and is
convicted of violating this provision or a similar
provision of this or any other state shall be disqualified
from operating a commercial motor vehicle under subsection
(i) of Section 6-514 of this Code.
(b-3) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways during a
period which the commercial motor vehicle or the motor carrier
operation is subject to an "out-of-service" order. Any person
who is convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i) of
Section 6-514 of this Code.
(b-5) Except as otherwise provided by this Code, no person
may operate a vehicle designed to transport 16 or more
passengers including the driver or hazardous materials of a
type or quantity that requires the vehicle to be placarded
during a period in which the commercial motor vehicle or the

motor carrier operation is subject to an "out-of-service"
order. Any person who is convicted of violating this provision
or a similar provision of any other state shall be disqualified
from operating a commercial motor vehicle under subsection (i)
of Section 6-514 of this Code.
(c) Pursuant to the options provided to the States by FHWA
Docket No. MC-88-8, the driver of any motor vehicle controlled
or operated by or for a farmer is waived from the requirements
of this Section, when such motor vehicle is being used to
transport: agricultural products; implements of husbandry; or
farm supplies; to and from a farm, as long as such movement is
not over 150 air miles from the originating farm. This waiver
does not apply to the driver of any motor vehicle being used in
a common or contract carrier type operation. However, for those
drivers of any truck-tractor semitrailer combination or
combinations registered under subsection (c) of Section 3-815
of this Code, this waiver shall apply only when the driver is a
farmer or a member of the farmer's family and the driver is 21
years of age or more and has successfully completed any tests
the Secretary of State deems necessary.
In addition, the farmer or a member of the farmer's family
who operates a truck-tractor semitrailer combination or
combinations pursuant to this waiver shall be granted all of
the rights and shall be subject to all of the duties and
restrictions with respect to Sections 6-514 and 6-515 of this
Code applicable to the driver who possesses a commercial

driver's license issued under this Code, except that the driver
shall not be subject to any additional duties or restrictions
contained in Part 382 of the Federal Motor Carrier Safety
Regulations that are not otherwise imposed under Section 6-514
or 6-515 of this Code.
For purposes of this subsection (c), a member of the
farmer's family is a natural or in-law spouse, child, parent,
or sibling.
(c-5) An employee of a township or road district with a
population of less than 3,000 operating a vehicle within the
boundaries of the township or road district for the purpose of
removing snow or ice from a roadway by plowing, sanding, or
salting is waived from the requirements of this Section when
the employee is needed to operate the vehicle because the
employee of the township or road district who ordinarily
operates the vehicle and who has a commercial driver's license
is unable to operate the vehicle or is in need of additional
assistance due to a snow emergency.
(c-10) A driver of a commercial motor vehicle used
primarily in the transportation of propane winter heating fuel
or a driver of a motor vehicle used to respond to a pipeline
emergency is waived from the requirements of this Section if
such requirements would prevent the driver from responding to
an emergency condition requiring immediate response as defined
in 49 C.F.R. Part 390.5.
(d) Any person convicted of violating this Section, shall

be guilty of a Class A misdemeanor.
(e) Any person convicted of violating paragraph (1) of
subsection (b) of this Section, shall have all driving
privileges revoked by the Secretary of State.
(f) This Section shall not apply to:
(1) A person who currently holds a valid Illinois
driver's license, for the type of vehicle being operated,
until the expiration of such license or April 1, 1992,
whichever is earlier; or
(2) A non-Illinois domiciliary who is properly
licensed in another State, until April 1, 1992. A
non-Illinois domiciliary, if such domiciliary is properly
licensed in another State or foreign jurisdiction, until
April 1, 1992.
(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
(625 ILCS 5/6-908) (from Ch. 95 1/2, par. 6-908)
Sec. 6-908. Confidential information. As provided in
subsection (j) of Section 2-123 of this Code, all information
furnished to the Secretary or Board, the results of all
examinations made at their direction, and all medical findings
of the Board shall be confidential and for the sole use of the
Board and the Secretary which may have access to the same for
the purposes as set forth in this Act. Except as provided in
this Section, no No confidential information may be open to
public inspection or the contents disclosed to anyone, except

the person under review and then only to the extent necessary
to comply with a request for discovery during the hearing
process, unless so directed by a court of competent
jurisdiction. If the Secretary receives a medical report
regarding a driver that does not address a medical condition
contained in a previous medical report, the Secretary may
disclose the unaddressed medical condition to the driver or his
or her physician, or both, solely for the purpose of submission
of a medical report that addresses the condition.
(Source: P.A. 87-1249.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.