HB5897 EnrolledLRB098 16858 MLW 51931 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
5Sections 6-113 and 6-201 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 48 12 months to individuals using
11vision aid arrangements other than standard eyeglasses or
12contact lenses, allowing the operation of a motor vehicle
13during nighttime hours. The Secretary of State shall adopt
14rules defining the terms and conditions by which the individual
15may obtain and renew this special restricted license. At a
16minimum, all 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    The special restricted license holder must submit to the
3Secretary annually a vision specialist report from his or her
4ophthalmologist or optometrist that the special restricted
5license holder's vision has not changed. If the special
6restricted license holder fails to submit this vision
7specialist report the special restricted license shall be
8cancelled under Section 6-201 of this Code.
9    At a minimum, all drivers renewing this license must meet
10the following requirements:
11        1. Successfully complete a road test administered
12    during nighttime hours.
13        2. Have a driving record that does not include any
14    traffic accidents that occurred during nighttime hours,
15    for which the driver has been found to be at fault, during
16    the 12 months before he or she applied for the special
17    restricted license.
18    (h) Any driver issued a special restricted license as
19defined in subsection (g) whose privilege to drive during
20nighttime hours has been suspended due to an accident occurring
21during nighttime hours may request a hearing as provided in
22Section 2-118 of this Code to contest that suspension. If it is
23determined that the accident for which the driver was at fault
24was not influenced by the driver's use of vision aid
25arrangements other than standard eyeglasses or contact lenses,
26the Secretary may reinstate that driver's privilege to drive

 

 

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1during nighttime hours.
2(Source: P.A. 97-229, eff. 7-28-11.)
 
3    (625 ILCS 5/6-201)
4    (Text of Section before amendment by P.A. 98-176)
5    Sec. 6-201. Authority to cancel licenses and permits.
6    (a) The Secretary of State is authorized to cancel any
7license or permit upon determining that the holder thereof:
8        1. was not entitled to the issuance thereof hereunder;
9    or
10        2. failed to give the required or correct information
11    in his application; or
12        3. failed to pay any fees, civil penalties owed to the
13    Illinois Commerce Commission, or taxes due under this Act
14    and upon reasonable notice and demand; or
15        4. committed any fraud in the making of such
16    application; or
17        5. is ineligible therefor under the provisions of
18    Section 6-103 of this Act, as amended; or
19        6. has refused or neglected to submit an alcohol, drug,
20    and intoxicating compound evaluation or to submit to
21    examination or re-examination as required under this Act;
22    or
23        7. has been convicted of violating the Cannabis Control
24    Act, the Illinois Controlled Substances Act, the
25    Methamphetamine Control and Community Protection Act, or

 

 

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1    the Use of Intoxicating Compounds Act while that individual
2    was in actual physical control of a motor vehicle. For
3    purposes of this Section, any person placed on probation
4    under Section 10 of the Cannabis Control Act, Section 410
5    of the Illinois Controlled Substances Act, or Section 70 of
6    the Methamphetamine Control and Community Protection Act
7    shall not be considered convicted. Any person found guilty
8    of this offense, while in actual physical control of a
9    motor vehicle, shall have an entry made in the court record
10    by the judge that this offense did occur while the person
11    was in actual physical control of a motor vehicle and order
12    the clerk of the court to report the violation to the
13    Secretary of State as such. After the cancellation, the
14    Secretary of State shall not issue a new license or permit
15    for a period of one year after the date of cancellation.
16    However, upon application, the Secretary of State may, if
17    satisfied that the person applying will not endanger the
18    public safety, or welfare, issue a restricted driving
19    permit granting the privilege of driving a motor vehicle
20    between the petitioner's residence and petitioner's place
21    of employment or within the scope of the petitioner's
22    employment related duties, or to allow transportation for
23    the petitioner or a household member of the petitioner's
24    family for the receipt of necessary medical care, or
25    provide transportation for the petitioner to and from
26    alcohol or drug remedial or rehabilitative activity

 

 

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1    recommended by a licensed service provider, or for the
2    petitioner to attend classes, as a student, in an
3    accredited educational institution. The petitioner must
4    demonstrate that no alternative means of transportation is
5    reasonably available; provided that the Secretary's
6    discretion shall be limited to cases where undue hardship,
7    as defined by the rules of the Secretary of State, would
8    result from a failure to issue such restricted driving
9    permit. In each case the Secretary of State may issue such
10    restricted driving permit for such period as he deems
11    appropriate, except that such permit shall expire within
12    one year from the date of issuance. A restricted driving
13    permit issued hereunder shall be subject to cancellation,
14    revocation and suspension by the Secretary of State in like
15    manner and for like cause as a driver's license issued
16    hereunder may be cancelled, revoked or suspended; except
17    that a conviction upon one or more offenses against laws or
18    ordinances regulating the movement of traffic shall be
19    deemed sufficient cause for the revocation, suspension or
20    cancellation of a restricted driving permit. The Secretary
21    of State may, as a condition to the issuance of a
22    restricted driving permit, require the applicant to
23    participate in a driver remedial or rehabilitative
24    program. In accordance with 49 C.F.R. 384, the Secretary of
25    State may not issue a restricted driving permit for the
26    operation of a commercial motor vehicle to a person holding

 

 

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1    a CDL whose driving privileges have been revoked,
2    suspended, cancelled, or disqualified under this Code; or
3        8. failed to submit a report as required by Section
4    6-116.5 of this Code; or
5        9. has been convicted of a sex offense as defined in
6    the Sex Offender Registration Act. The driver's license
7    shall remain cancelled until the driver registers as a sex
8    offender as required by the Sex Offender Registration Act,
9    proof of the registration is furnished to the Secretary of
10    State and the sex offender provides proof of current
11    address to the Secretary; or
12        10. is ineligible for a license or permit under Section
13    6-107, 6-107.1, or 6-108 of this Code; or
14        11. refused or neglected to appear at a Driver Services
15    facility to have the license or permit corrected and a new
16    license or permit issued or to present documentation for
17    verification of identity; or
18        12. failed to submit a medical examiner's certificate
19    or medical variance as required by 49 C.F.R. 383.71 or
20    submitted a fraudulent medical examiner's certificate or
21    medical variance; or
22        13. has had his or her medical examiner's certificate,
23    medical variance, or both removed or rescinded by the
24    Federal Motor Carrier Safety Administration; or
25        14. failed to self-certify as to the type of driving in
26    which the CDL driver engages or expects to engage; or

 

 

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1        15. has submitted acceptable documentation indicating
2    out-of-state residency to the Secretary of State to be
3    released from the requirement of showing proof of financial
4    responsibility in this State.
5    (b) Upon such cancellation the licensee or permittee must
6surrender the license or permit so cancelled to the Secretary
7of State.
8    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
9Secretary of State shall have exclusive authority to grant,
10issue, deny, cancel, suspend and revoke driving privileges,
11drivers' licenses and restricted driving permits.
12    (d) The Secretary of State may adopt rules to implement
13this Section.
14(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
1597-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-178, eff.
161-1-14.)
 
17    (Text of Section after amendment by P.A. 98-176)
18    Sec. 6-201. Authority to cancel licenses and permits.
19    (a) The Secretary of State is authorized to cancel any
20license or permit upon determining that the holder thereof:
21        1. was not entitled to the issuance thereof hereunder;
22    or
23        2. failed to give the required or correct information
24    in his application; or
25        3. failed to pay any fees, civil penalties owed to the

 

 

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

 

 

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

 

 

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1    revocation and suspension by the Secretary of State in like
2    manner and for like cause as a driver's license issued
3    hereunder may be cancelled, revoked or suspended; except
4    that a conviction upon one or more offenses against laws or
5    ordinances regulating the movement of traffic shall be
6    deemed sufficient cause for the revocation, suspension or
7    cancellation of a restricted driving permit. The Secretary
8    of State may, as a condition to the issuance of a
9    restricted driving permit, require the applicant to
10    participate in a driver remedial or rehabilitative
11    program. In accordance with 49 C.F.R. 384, the Secretary of
12    State may not issue a restricted driving permit for the
13    operation of a commercial motor vehicle to a person holding
14    a CDL whose driving privileges have been revoked,
15    suspended, cancelled, or disqualified under this Code; or
16        8. failed to submit a report as required by Section
17    6-116.5 of this Code; or
18        9. has been convicted of a sex offense as defined in
19    the Sex Offender Registration Act. The driver's license
20    shall remain cancelled until the driver registers as a sex
21    offender as required by the Sex Offender Registration Act,
22    proof of the registration is furnished to the Secretary of
23    State and the sex offender provides proof of current
24    address to the Secretary; or
25        10. is ineligible for a license or permit under Section
26    6-107, 6-107.1, or 6-108 of this Code; or

 

 

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1        11. refused or neglected to appear at a Driver Services
2    facility to have the license or permit corrected and a new
3    license or permit issued or to present documentation for
4    verification of identity; or
5        12. failed to submit a medical examiner's certificate
6    or medical variance as required by 49 C.F.R. 383.71 or
7    submitted a fraudulent medical examiner's certificate or
8    medical variance; or
9        13. has had his or her medical examiner's certificate,
10    medical variance, or both removed or rescinded by the
11    Federal Motor Carrier Safety Administration; or
12        14. failed to self-certify as to the type of driving in
13    which the CDL driver engages or expects to engage; or
14        15. has submitted acceptable documentation indicating
15    out-of-state residency to the Secretary of State to be
16    released from the requirement of showing proof of financial
17    responsibility in this State; or .
18        16. 15. was convicted of fraud relating to the testing
19    or issuance of a CDL or CLP, in which case only the CDL or
20    CLP shall be cancelled. After cancellation, the Secretary
21    shall not issue a CLP or CDL for a period of one year from
22    the date of cancellation; or .
23        17. has a special restricted license under subsection
24    (g) of Section 6-113 of this Code and failed to submit the
25    required annual vision specialist report that the special
26    restricted license holder's vision has not changed; or

 

 

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1        18. has a special restricted license under subsection
2    (g) of Section 6-113 of this Code and was convicted or
3    received court supervision for a violation of this Code
4    that occurred during nighttime hours or was involved in a
5    motor vehicle accident during nighttime hours in which the
6    restricted license holder was at fault.
7    (b) Upon such cancellation the licensee or permittee must
8surrender the license or permit so cancelled to the Secretary
9of State.
10    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
11Secretary of State shall have exclusive authority to grant,
12issue, deny, cancel, suspend and revoke driving privileges,
13drivers' licenses and restricted driving permits.
14    (d) The Secretary of State may adopt rules to implement
15this Section.
16(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
1797-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176, eff.
187-1-14; 98-178, eff. 1-1-14; revised 9-19-13.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.