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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2405 Introduced , by Rep. Avery Bourne SYNOPSIS AS INTRODUCED:
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| 625 ILCS 5/6-508 | from Ch. 95 1/2, par. 6-508 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may issue a CDL with an agricultural endorsement to a person without requiring the person to demonstrate competence at parallel parking. Provides that the holder of a CDL with an agricultural endorsement may operate only covered farm vehicles. Effective immediately.
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| | A BILL FOR |
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| | HB2405 | | LRB101 07094 TAE 52131 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 6-508 as follows:
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| 6 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
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| 7 | | Sec. 6-508. Commercial Driver's License (CDL) - |
| 8 | | qualification standards.
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| 9 | | (a) Testing.
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| 10 | | (1) General. No person shall be issued an original or |
| 11 | | renewal CDL
unless that person is
domiciled in this State |
| 12 | | or is applying for a non-domiciled CDL under Sections 6-509 |
| 13 | | and 6-510 of this Code. The Secretary shall cause to be |
| 14 | | administered such
tests as the Secretary deems necessary to |
| 15 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, |
| 16 | | H, and J.
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| 17 | | (1.5) Effective July 1, 2014, no person shall be issued |
| 18 | | an original CDL or an upgraded CDL that requires a skills |
| 19 | | test unless that person has held a CLP, for a minimum of 14 |
| 20 | | calendar days, for the classification of vehicle and |
| 21 | | endorsement, if any, for which the person is seeking a CDL. |
| 22 | | (2) Third party testing. The Secretary of State may |
| 23 | | authorize a
"third party tester", pursuant to 49 C.F.R. |
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| | HB2405 | - 2 - | LRB101 07094 TAE 52131 b |
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| 1 | | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
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| 2 | | skills test or tests specified by the Federal Motor Carrier |
| 3 | | Safety
Administration pursuant to the
Commercial Motor |
| 4 | | Vehicle Safety Act of 1986 and any appropriate federal |
| 5 | | rule.
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| 6 | | (b) Waiver of Skills Test. The Secretary of State may waive |
| 7 | | the skills
test specified in this Section for a driver |
| 8 | | applicant for a commercial driver license
who meets the |
| 9 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall |
| 10 | | waive the skills tests specified in this Section for a driver |
| 11 | | applicant who has military commercial motor vehicle |
| 12 | | experience, subject to the requirements of 49 C.F.R. 383.77.
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| 13 | | (b-1) No person shall be issued a CDL unless the person |
| 14 | | certifies to the Secretary one of the following types of |
| 15 | | driving operations in which he or she will be engaged: |
| 16 | | (1) non-excepted interstate; |
| 17 | | (2) non-excepted intrastate; |
| 18 | | (3) excepted interstate; or |
| 19 | | (4) excepted intrastate. |
| 20 | | (b-2) (Blank). |
| 21 | | (c) Limitations on issuance of a CDL. A CDL shall not be |
| 22 | | issued to a person while the person is
subject to a |
| 23 | | disqualification from driving a commercial motor vehicle, or
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| 24 | | unless otherwise permitted by this Code, while the person's |
| 25 | | driver's
license is suspended, revoked or cancelled in
any |
| 26 | | state, or any territory or province of Canada; nor may a CLP or |
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| | HB2405 | - 3 - | LRB101 07094 TAE 52131 b |
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| 1 | | CDL be issued
to a person who has a CLP or CDL issued by any |
| 2 | | other state, or foreign
jurisdiction, nor may a CDL be issued |
| 3 | | to a person who has an Illinois CLP unless the person first |
| 4 | | surrenders all of these
licenses or permits. However, a person |
| 5 | | may hold an Illinois CLP and an Illinois CDL providing the CLP |
| 6 | | is necessary to train or practice for an endorsement or vehicle |
| 7 | | classification not present on the current CDL. No CDL shall be |
| 8 | | issued to or renewed for a person who does not
meet the |
| 9 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met |
| 10 | | with
the aid of a hearing aid.
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| 11 | | (c-1) The Secretary may issue a CDL with a school bus |
| 12 | | driver endorsement
to allow a person to drive the type of bus |
| 13 | | described in subsection (d-5) of
Section 6-104 of this Code. |
| 14 | | The CDL with a school bus driver endorsement may be
issued only |
| 15 | | to a person meeting the following requirements:
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| 16 | | (1) the person has submitted his or her fingerprints to |
| 17 | | the
Department of State Police in the form and manner
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| 18 | | prescribed by the Department of State Police. These
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| 19 | | fingerprints shall be checked against the fingerprint |
| 20 | | records
now and hereafter filed in the Department of State |
| 21 | | Police and
Federal Bureau of Investigation criminal |
| 22 | | history records databases;
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| 23 | | (2) the person has passed a written test, administered |
| 24 | | by the Secretary of
State, on charter bus operation, |
| 25 | | charter bus safety, and certain special
traffic laws
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| 26 | | relating to school buses determined by the Secretary of |
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| 1 | | State to be relevant to
charter buses, and submitted to a |
| 2 | | review of the driver applicant's driving
habits by the |
| 3 | | Secretary of State at the time the written test is given;
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| 4 | | (3) the person has demonstrated physical fitness to |
| 5 | | operate school buses
by
submitting the results of a medical |
| 6 | | examination, including tests for drug
use; and
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| 7 | | (4) the person has not been convicted of committing or |
| 8 | | attempting
to commit any
one or more of the following |
| 9 | | offenses: (i) those offenses defined in
Sections 8-1.2, |
| 10 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
| 11 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, |
| 12 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
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| 13 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, |
| 14 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, |
| 15 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, |
| 16 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, |
| 17 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
| 18 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, |
| 19 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
| 20 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, |
| 21 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, |
| 22 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
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| 23 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, |
| 24 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, |
| 25 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection |
| 26 | | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), |
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| 1 | | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of |
| 2 | | Section 12-3.05, and in subsection (a) and subsection (b), |
| 3 | | clause (1), of Section
12-4, and in subsection (A), clauses |
| 4 | | (a) and (b), of Section 24-3, and those offenses contained |
| 5 | | in Article 29D of the Criminal Code of 1961 or the Criminal |
| 6 | | Code of 2012; (ii) those offenses defined in the
Cannabis |
| 7 | | Control Act except those offenses defined in subsections |
| 8 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 |
| 9 | | of the Cannabis Control
Act; (iii) those offenses defined |
| 10 | | in the Illinois Controlled Substances
Act; (iv) those |
| 11 | | offenses defined in the Methamphetamine Control and |
| 12 | | Community Protection Act; (v) any offense committed or |
| 13 | | attempted in any other state or against
the laws of the |
| 14 | | United States, which if committed or attempted in this
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| 15 | | State would be punishable as one or more of the foregoing |
| 16 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 |
| 17 | | of the Wrongs to Children Act or Section 11-9.1A of the |
| 18 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) |
| 19 | | those offenses defined in Section 6-16 of the Liquor |
| 20 | | Control Act of
1934; and (viii) those offenses defined in |
| 21 | | the Methamphetamine Precursor Control Act.
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| 22 | | The Department of State Police shall charge
a fee for |
| 23 | | conducting the criminal history records check, which shall be
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| 24 | | deposited into the State Police Services Fund and may not |
| 25 | | exceed the actual
cost of the records check.
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| 26 | | (c-2) The Secretary shall issue a CDL with a school bus |
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| 1 | | endorsement to allow a person to drive a school bus as defined |
| 2 | | in this Section. The CDL shall be issued according to the |
| 3 | | requirements outlined in 49 C.F.R. 383. A person may not |
| 4 | | operate a school bus as defined in this Section without a |
| 5 | | school bus endorsement. The Secretary of State may adopt rules |
| 6 | | consistent with Federal guidelines to implement this |
| 7 | | subsection (c-2).
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| 8 | | (c-3) The Secretary may issue a CDL with an agricultural |
| 9 | | endorsement to a person without requiring the person to |
| 10 | | demonstrate competence at parallel parking. The holder of a CDL |
| 11 | | with an agricultural endorsement may operate only covered farm |
| 12 | | vehicles. |
| 13 | | (d) (Blank).
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| 14 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; |
| 15 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. |
| 16 | | 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of |
| 17 | | P.A. 99-414 for effective date of changes made by 98-176); |
| 18 | | 98-756, eff. 7-16-14.)
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| 19 | | Section 99. Effective date. This Act takes effect upon |
| 20 | | becoming law.
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