HB5895 EngrossedLRB098 16859 MLW 51932 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-113 as follows:
 
6    (625 ILCS 5/6-113)  (from Ch. 95 1/2, par. 6-113)
7    Sec. 6-113. Restricted licenses and permits.
8    (a) The Secretary of State upon issuing a drivers license
9or permit shall have the authority whenever good cause appears
10to impose restrictions suitable to the licensee's driving
11ability with respect to the type of, or special mechanical
12control devices required on, a motor vehicle which the licensee
13may operate or such other restrictions applicable to the
14licensee as the Secretary of State may determine to be
15appropriate to assure the safe operation of a motor vehicle by
16the licensee.
17    (b) The Secretary of State may either issue a special
18restricted license or permit or may set forth such restrictions
19upon the usual license or permit form.
20    (c) The Secretary of State may issue a probationary license
21to a person whose driving privileges have been suspended
22pursuant to subsection (d) of this Section or subsection (a)(2)
23of Section 6-206 of this Code. This subsection (c) does not

 

 

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1apply to any driver required to possess a CDL for the purpose
2of operating a commercial motor vehicle. The Secretary of State
3shall promulgate rules pursuant to the Illinois Administrative
4Procedure Act, setting forth the conditions and criteria for
5the issuance and cancellation of probationary licenses.
6    (d) The Secretary of State may upon receiving satisfactory
7evidence of any violation of the restrictions of such license
8or permit suspend, revoke or cancel the same without
9preliminary hearing, but the licensee or permittee shall be
10entitled to a hearing as in the case of a suspension or
11revocation.
12    (e) It is unlawful for any person to operate a motor
13vehicle in any manner in violation of the restrictions imposed
14on a restricted license or permit issued to him.
15    (f) Whenever the holder of a restricted driving permit is
16issued a citation for any of the following offenses including
17similar local ordinances, the restricted driving permit is
18immediately invalidated:
19        1. Reckless homicide resulting from the operation of a
20    motor vehicle;
21        2. Violation of Section 11-501 of this Act relating to
22    the operation of a motor vehicle while under the influence
23    of intoxicating liquor or narcotic drugs;
24        3. Violation of Section 11-401 of this Act relating to
25    the offense of leaving the scene of a traffic accident
26    involving death or injury;

 

 

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1        4. Violation of Section 11-504 of this Act relating to
2    the offense of drag racing; or
3        5. Violation of Section 11-506 of this Act relating to
4    the offense of street racing.
5    The police officer issuing the citation shall confiscate
6the restricted driving permit and forward it, along with the
7citation, to the Clerk of the Circuit Court of the county in
8which the citation was issued.
9    (g) The Secretary of State may issue a special restricted
10license for a period of 12 months to individuals using vision
11aid arrangements other than standard eyeglasses or contact
12lenses, allowing the operation of a motor vehicle during
13nighttime hours. The Secretary of State shall adopt rules
14defining the terms and conditions by which the individual may
15obtain and renew this special restricted license. At a minimum,
16all drivers must meet the following requirements:
17        1. Possess a valid driver's license and have operated a
18    motor vehicle during daylight hours for a period of 12
19    months using vision aid arrangements other than standard
20    eyeglasses or contact lenses.
21        2. Have a driving record that does not include any
22    traffic accidents that occurred during nighttime hours,
23    for which the driver has been found to be at fault, during
24    the 12 months before he or she applied for the special
25    restricted license.
26        3. Successfully complete a road test administered

 

 

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1    during nighttime hours.
2    At a minimum, all drivers renewing this license must meet
3the following requirements:
4        1. Successfully complete a road test administered
5    during nighttime hours.
6        2. Have a driving record that does not include any
7    traffic accidents that occurred during nighttime hours,
8    for which the driver has been found to be at fault, during
9    the 12 months before he or she applied for the special
10    restricted license.
11    (h) Any driver issued a special restricted license as
12defined in subsection (g) whose privilege to drive during
13nighttime hours has been suspended due to an accident occurring
14during nighttime hours may request a hearing as provided in
15Section 2-118 of this Code to contest that suspension. If it is
16determined that the accident for which the driver was at fault
17was not influenced by the driver's use of vision aid
18arrangements other than standard eyeglasses or contact lenses,
19the Secretary may reinstate that driver's privilege to drive
20during nighttime hours.
21    (i) The Secretary of State may issue a special restricted
22training permit for a period of 6 months to individuals using
23vision aid arrangements other than standard eyeglasses or
24contact lenses, allowing the operation of a motor vehicle
25between sunset and 10:00 p.m. provided the driver is
26accompanied by a person holding a valid driver's license

 

 

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1without nighttime operation restrictions. The Secretary may
2adopt rules defining the terms and conditions by which the
3individual may obtain and renew this special restricted
4training permit. At a minimum, all persons applying for a
5special restricted training permit must meet the following
6requirements:
7        1. Possess a valid driver's license and have operated a
8    motor vehicle during daylight hours for a period of 6
9    months using vision aid arrangements other than standard
10    eyeglasses or contact lenses.
11        2. Have a driving record that does not include any
12    traffic accidents, for which the person has been found to
13    be at fault, during the 6 months before he or she applied
14    for the special restricted training permit.
15(Source: P.A. 97-229, eff. 7-28-11.)