AUTHORITY: Implementing Chapter 6 Articles II and VII of the Illinois Driver's Licensing Law [625 ILCS 5/Ch. 6, Arts. II and VII] and authorized by Section 2-104(b) of the Illinois Vehicle Code [625 ILCS 5/2-104(b)].
SOURCE: Filed September 22, 1972; amended at 3 Ill. Reg. 26, p. 282, effective June 30, 1979; amended at 5 Ill. Reg. 3533, effective April 1, 1981; amended at 6 Ill. Reg. 4239, effective April 2, 1982; codified at 6 Ill. Reg. 12674; amended at 8 Ill. Reg. 2200, effective February 1, 1984; amended at 8 Ill. Reg. 3783, effective March 13, 1984; amended at 8 Ill. Reg. 18925, effective September 25, 1984; amended at 8 Ill. Reg. 23385, effective November 21, 1984; amended at 10 Ill. Reg. 15265, effective September 4, 1986; amended at 11 Ill. Reg. 16977, effective October 1, 1987; amended at 11 Ill. Reg. 20659, effective December 8, 1987; amended at 12 Ill. Reg. 2148, effective January 11, 1988; amended at 12 Ill. Reg. 14351, effective September 1, 1988; amended at 12 Ill. Reg. 15625, effective September 15, 1988; amended at 12 Ill. Reg. 16153, effective September 15, 1988; amended at 12 Ill. Reg. 16906, effective October 1, 1988; amended at 12 Ill. Reg. 17120, effective October 1, 1988; amended at 13 Ill. Reg. 1593, effective January 23, 1989; amended at 13 Ill. Reg. 5162, effective April 1, 1989; amended at 13 Ill. Reg. 7802, effective May 15, 1989; amended at 13 Ill. Reg. 8659, effective June 2, 1989; amended at 13 Ill. Reg. 17087, effective October 16, 1989; amended at 13 Ill. Reg. 20127, effective December 8, 1989; amended at 14 Ill. Reg. 2944, effective February 7, 1990; amended at 14 Ill. Reg. 3664, effective February 7, 1990; amended at 14 Ill. Reg. 5178, effective April 1, 1990; amended at 14 Ill. Reg. 5560, effective March 22, 1990; amended at 14 Ill. Reg. 14177, effective August 21, 1990; amended at 14 Ill. Reg. 18088, effective October 22, 1990; amended at 15 Ill. Reg. 14258, effective September 24, 1991; amended at 17 Ill. Reg. 8512, effective May 27, 1993; amended at 17 Ill. Reg. 9028, effective June 2, 1993; amended at 17 Ill. Reg. 12782, effective July 21, 1993; amended at 18 Ill. Reg. 7447, effective May 3, 1994; amended at 18 Ill. Reg. 10853, effective June 27, 1994; amended at 18 Ill. Reg. 11644, effective July 7, 1994; amended at 18 Ill. Reg. 16443, effective October 24, 1994; amended at 20 Ill. Reg. 2558, effective January 26, 1996; amended at 21 Ill. Reg. 8398, effective June 30, 1997; amended at 21 Ill. Reg. 10985, effective July 29, 1997; amended at 21 Ill. Reg. 12249, effective August 26, 1997; amended at 21 Ill. Reg. 12609, effective August 29, 1997; amended at 22 Ill. Reg. 1438, effective January 1, 1998; amended at 22 Ill. Reg. 5083, effective February 26, 1998; amended at 22 Ill. Reg. 13834, effective July 10, 1998; amended at 24 Ill. Reg. 1655, effective January 11, 2000; emergency amendment at 24 Ill. Reg. 8398, effective June 2, 2000, for a maximum of 150 days; emergency expired October 29, 2000; emergency amendment at 24 Ill. Reg. 16096, effective October 12, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 16689, effective October 30, 2000; amended at 25 Ill. Reg. 2723, effective January 31, 2001; amended at 25 Ill. Reg. 6402, effective April 26, 2001; emergency amendment at 26 Ill. Reg. 2044, effective February 1, 2002, for a maximum of 150 days; emergency expired June 30, 2002; emergency amendment at 26 Ill. Reg. 3753, effective February 21, 2002, for a maximum of 150 days; emergency expired July 20, 2002; amended at 26 Ill. Reg. 12373, effective July 25, 2002; amended at 26 Ill. Reg. 13684, effective August 28, 2002; amended at 29 Ill. Reg. 2441, effective January 25, 2005; amended at 29 Ill. Reg. 13892, effective September 1, 2005; amended at 29 Ill. Reg. 15968, effective October 7, 2005; amended at 30 Ill. Reg. 1896, effective January 26, 2006; amended at 30 Ill. Reg. 2557, effective February 10, 2006; amended at 30 Ill. Reg. 11299, effective June 12, 2006; amended at 31 Ill. Reg. 4792, effective March 12, 2007; amended at 31 Ill. Reg. 5647, effective March 20, 2007; amended at 31 Ill. Reg. 7296, effective May 3, 2007; amended at 31 Ill. Reg. 7656, effective May 21, 2007; amended at 31 Ill. Reg. 11356, effective July 19, 2007; amended at 31 Ill. Reg. 14559, effective October 9, 2007; amended at 31 Ill. Reg. 16880, effective January 1, 2008; amended at 33 Ill. Reg. 2603, effective January 22, 2009; amended at 33 Ill. Reg. 9801, effective June 25, 2009; amended at 33 Ill. Reg. 15073, effective October 21, 2009; amended at 34 Ill. Reg. 570, effective December 22, 2009; amended at 35 Ill. Reg. 1667, effective January 13, 2011; amended at 35 Ill. Reg. 8512, effective May 31, 2011; amended at 36 Ill. Reg. 10055, effective June 29, 2012; amended at 36 Ill. Reg. 11211, effective July 5, 2012; amended at 37 Ill. Reg. 1762, effective January 25, 2013; amended at 37 Ill. Reg. 8832, effective June 17, 2013; amended at 38 Ill. Reg. 9591, effective April 15, 2014; amended at 39 Ill. Reg. 9475, effective June 23, 2015; amended at 39 Ill. Reg. 11648, effective July 28, 2015; amended at 39 Ill. Reg. 14983, effective October 29, 2015; amended at 40 Ill. Reg. 7372, effective May 2, 2016; amended at 40 Ill. Reg. 15417, effective December 1, 2016; amended at 41 Ill. Reg. 13705, effective October 30, 2017; amended at 42 Ill. Reg. 235, effective December 19, 2017; amended at 42 Ill. Reg. 7963, effective April 30, 2018; amended at 43 Ill. Reg. 14699, effective December 6, 2019; amended at 44 Ill. Reg. 14321, effective August 19, 2020; amended at 45 Ill. Reg. 755, effective December 23, 2020; amended at 47 Ill. Reg. 205, effective December 21, 2022; amended at 47 Ill. Reg. 3382, effective February 24, 2023; amended at 47 Ill. Reg. 11480, effective July 12, 2023; amended at 48 Ill. Reg. 14369, effective September 18, 2024.
Section 1040.1 Definitions
Unless otherwise noted, the following definitions shall apply to this Part.
"Alcohol Related Suspension" a suspension in accordance with IVC Sections 6‑206(a)(6), (a)(17), (a)(23) and (a)(33), 11-501.1, 11-501.6 (only when the driver has a positive test for alcohol or drugs) and 11-501.8.
"Amnesty" a sovereign act of forgiveness for past acts granted by a government to all persons (or to certain persons) generally conditioned upon their return to obedience and duty within a prescribed time as recognized by the Immigration Reform and Control Act of 1986 (P.L. 99-603).
"Applicant" − a person applying for an Illinois driver's license or permit.
"Authority" Illinois State Toll Highway Authority.
"Authorized Holder" an individual issued a disability license plate pursuant to IVC Section 3-616, an individual issued a parking decal or device pursuant to IVC Section 11-1301.2 or an individual issued a disabled veteran's license plate pursuant to IVC Section 3-609 or 3-609.01.
"Authorized Personnel" the Director, a manager or administrator of the Driver Services Department or an instructor, Secretary of State Police or Inspector General.
"Auto Emissions Suspension" a suspension for failing to have a vehicle tested pursuant to the Vehicle Emissions Inspection Law of the Illinois Vehicle Code.
"Automated Traffic Law Violation Suspension" a suspension in accordance with IVC Section 6-306.5 for failure to satisfy fines or penalties for five or more automated traffic law violations.
"BAIID" Breath Alcohol Ignition Interlock Device.
"Bankruptcy Debtor" a debtor under any chapter of the federal Bankruptcy Code (11 U.S.C.).
"Bribe" any item or thing of value, payment, or other personal advantage that an employee of the Office of the Secretary of State, the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer any part of a driver's license examination is not authorized by law or administrative rule to accept, knowing or reasonably believing that the item, thing of value, payment or advantage was promised or tendered with the intent to influence or change the performance of any act or duty related to the issuance of a driver's license.
"Bribery" the solicitation or accepting of any bribe or improper offering.
"Cancellation" the annulment or termination by formal action of the Secretary of a person's driver's license or permit because of some error or defect in the license or because the licensee is no longer entitled to the license or permit.
"Chapter 13 Plan" an order by a United States Bankruptcy Court requiring a monthly payment from the wages of a debtor.
"Clean File" an electronic file that a state submits to the National Driver Register (NDR) containing all appropriate records from the state as of a given date, which will replace all prior records on the NDR database.
"Clearance Letter" any document received from another state dated within 30 days prior to the current process date verifying that an individual has had his/her driving privileges restored in that state.
"Cleared Suspension or Revocation" a suspension or revocation of driving privileges that has terminated.
"Commercial Driver's License" or "CDL" − a license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383 (October 1, 2014), that authorizes the individual to operate a class of commercial motor vehicle as defined in IVC Section 1-111.6.
"Commercial Driver License Information System" or "CDLIS" − the information system established, pursuant to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C. 2701 et seq.), to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers [625 ILCS 5/1-111.7].
"Commercial Learner's Permit" or "CLP" a permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383 (October 1, 2014), which, when carried with a valid driver's license issued by the same state or jurisdiction of domicile, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current CDL is not valid.
"Commercial Motor Vehicle" or "CMV" a motor vehicle or combination of motor vehicles used in commerce designed to transport passengers or property if the motor vehicle:
has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit with a gross vehicle weight rating or a gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds) or more, whichever is greater; or
is designed to transport 16 or more passengers, including the driver; or
is of any size and is used in transporting hazardous materials as defined in 49 CFR 383.5 (October 1, 2014).
Commercial Motor Vehicle does not include:
recreational vehicles, when operated primarily for personal use;
vehicles owned by or operated under the direction of the United States Department of Defense or the United States Coast Guard, only when operated by non-civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part-time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or
firefighting, police, and other emergency equipment (including, without limitation, equipment owned or operated by a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code [55 ILCS 5]), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations. [625 ILCS 5/6-500(6)]
"Commercial Vehicle" any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, For-Hire or Not-For-Hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially [625 ILCS 5/1-111.8].
"Conviction" a final adjudication of guilty by a court of competent jurisdiction either after a bench trial, trial by jury, plea of guilty, order of forfeiture, or default [625 ILCS 5/6-100(b)].
"Conviction-CLP Holder" or "Conviction-CDL Holder" an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. [625 ILCS 5/6-500(8)]
"Creditor" a person to whom a debt is owed by another.
"Curfew" the hours by which any person under 17 years of age may not lawfully be present at or upon any public assembly, building, place, street or highway as provided in Section 1 of the Child Curfew Act [720 ILCS 555/1].
"Curfew Violation Suspension" a suspension when a minor operates a vehicle on a highway during the prescribed hours without an adult or as otherwise provided for in Section 1 of the Child Curfew Act in accordance with IVC Section 6-206(a)(13).
"Debtor" a person who owes a debt.
"Delayed Search" the NDR will perform a delayed search of its Pointer File periodically for a duration of at least 104 days following an original inquiry. This search is done in order to insure that if an action occurs following an inquiry, that action will be sent to the SOI in the form of a Delayed Search Response (see 23 CFR 1325 and 1327).
"Deletion" the permanent removal of an entry from a driving record.
"Denial of Driver's License" to prohibit or disallow the privilege to obtain a driver's license while allowing the privilege to obtain an instruction permit and limiting privileges to that of an instruction permit, if a driver's license has previously been issued in accordance with IVC Sections 6-107(c) and 6-107(d).
"Denial of Driving Privilege" to prohibit or disallow the privilege to obtain a driver's license or permit and/or the privilege to operate a motor vehicle in accordance with IVC Sections 6-107(c) and 6-108.1.
"Department" the Department of Driver Services within the Office of the Secretary of State.
"Department of Administrative Hearings" Department of Administrative Hearings within the Office of the Secretary of State.
"Department of Vehicle Services" Department of Vehicle Services within the Office of the Secretary of State.
"Disability License Plate or Parking Decal or Device-Making Implement" any implement specially designed or primarily used in the manufacture, assembly or authentication of a disability license plate or parking decal or device, or a license plate issued to a disabled veteran under IVC Section 3-609 or 3-609.01 issued by the Secretary of State or a unit of local government [625 ILCS 5/11-1301.6(a)].
"Disabled Person Identification Card" a standard identification card as defined in Section 4A of the Illinois Identification Card Act [15 ILCS 335/4A] issued for no fee to persons who meet the definition of disabled as defined in IVC Section 1‑159.1 or who have a disability so severe that it precludes him/her from obtaining an Illinois driver's license (see Section 4A(b)).
"Disqualification" the suspension, revocation, or cancellation of a CLP or CDL by the state or jurisdiction of issuance; any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as a result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations); a determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial vehicle under 49 CFR 391 [625 ILCS 5/1-115.3].
"Disqualified" − the denial of the issuance of a license or permit or the invalidation of any license or permit.
"Driving Abstract" − a record kept by the Department of Driver Services containing all information required by IVC Section 6-106(b) and all records of violations of traffic laws and administrative actions pertaining to driving privileges.
"Driver's License or Permit" a document that permits a person to legally operate a motor vehicle, including a restricted driving permit, instruction permit, traffic ticket issued when the person's driver's license is deposited in lieu of bail, suspension notice in which the suspension is not yet effective, duplicate or corrected driver's license, temporary instruction permit, temporary driver's license, temporary visitor instruction permit, temporary visitor driver's license, or probationary driver's license.
"Driver History Record" a standardized form of limited information obtained from the SOR when an SOI makes a history request.
"Driver Remedial Education Course" an organized remedial activity approved by the Driver Services Department for improving the driving habits of certain suspended drivers. The course shall consist of individual counseling and/or group sessions of instruction and shall not exceed two sessions or a total of nine hours of instruction.
"Driver Status" the current status of a driver's license in the SOR, indicating whether the license is currently valid, revoked, suspended or withdrawn, that is supplied via computer automation when an SOI makes a request to an SOR.
"Electronic Payment" payment made by any person or corporation to the Office of the Secretary of State by credit card or electronic transfer of funds.
"Facility Administered Test" an actual demonstration of the driver's license applicant's ability to successfully pass a vision, written and/or drive test administered by a Driver Services Facility employee or individual or entity approved by the Department to administer such tests.
"Failure to Appear Suspension" a suspension for failing to pay a fine or appear in court following the issuance of a traffic ticket as defined in IVC Section 6‑306.3.
"Failure to Pay" an indication on a driving record that an individual has failed to pay fines and costs in full on a traffic ticket, which prohibits the renewal, reissuance, or reinstatement of driving privileges pursuant to IVC Section 6‑306.6.
"False Information" any information concerning an individual's legal name, address, sex, date of birth, social security number or any photograph that:
falsifies all or in part the actual identity of the individual issued the license, permit or identification card;
in the case of information concerning an address, is information concerning a non-existent address that is used to obtain a license, permit or identification card; or
is any combination of a false identity and a non-existent address. [625 ILCS 5/6-301.1(a)(2) and 15 ILCS 335/14A(a)(2)]
"False Information Disability Plate or Parking Placard Decal or Device" any incorrect or inaccurate information concerning the name, date of birth, social security number, driver's license number, physician certification, or any other information required on the Persons with Disabilities Certification for Plate or Parking Placard, on the Application for Replacement Disability Parking Placard, or on the application for license plates issued to disabled veterans pursuant to IVC Section 3-609 or 3-609.01 that falsifies the content of the application.
"Family Financial Responsibility Suspension" a suspension in accordance with IVC Section 7-702.
"Farm Tractor" every motor vehicle designed and used primarily as a farm implement for drawing wagons, plows, mowing machines and other implements of husbandry, and every implement of husbandry that is self-propelled, excluding all-terrain vehicles and off-highway motorcycles [625 ILCS 5/1-120].
"Fictitious Driver's License or Permit" any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction that contains false information concerning the identity of the individual issued the license or permit [625 ILCS 5/6-301.1(a)(1)].
"Fictitious Disability License Plate or Parking Decal or Device" any issued disability license plate or parking decal or device, or any license plate issued to a disabled veteran under IVC Section 3-609 or 3-609.01, that has been issued by the Secretary of State or an authorized unit of local government that was issued based upon false information contained on the required application [625 ILCS 5/11-1301.5(a)].
"Fictitious Identification Card" any issued identification card for which a computerized number and file have been created by the Secretary of State, the United States Government, or any other state or political subdivision thereof, or any governmental or quasi-governmental organization that contains false information concerning the identity of the individual issued the identification card [15 ILCS 335/14A(a)(1)].
"Financial Responsibility Suspension" a suspension in accordance with IVC Section 7-304 and/or 7-305.
"Fraudulent Disability License Plate or Parking Decal or Device" any disability license plate or parking decal or device that purports to be an official disability license plate or parking decal or device and that has not been issued by the Secretary of State or an authorized unit of local government [625 ILCS 5/11‑1301.6(a)].
"Fraudulent Documents" or "Falsified Documents" − any documents submitted by or on behalf of a petitioner to the Secretary that purport or are represented to be prepared or composed by another person, agency or entity that did not actually prepare or compose the documents, or documents that were prepared for a person acting as the petitioner.
"Fraudulent Driver's License or Permit" any license or permit that purports to be an official driver's license or permit for which a computerized number and file have not been created by the Secretary of State or other official driver's license agency in another jurisdiction [625 ILCS 5/1-123.4].
"Fraudulent Identification Card" any identification card that purports to be an official identification card for which a computerized number and file have not been created by the Secretary of State, the United States Government or any state or political subdivision thereof, or any governmental or quasi-governmental organization. For the purpose of this definition, any identification card that resembles an official identification card in size, color, photograph location, or design, or uses the word "official", "State", "Illinois", or the name of any other state or political subdivision thereof, or any governmental or quasi-governmental organization individually or in any combination thereof to describe or modify the term "identification card" or "I.D. card" anywhere on the card, or uses a shape in the likeness of Illinois or any other state on the photograph side of the card, is deemed to be a fraudulent identification card. [15 ILCS 335/1A]
"Hearing Officer" any person designated by the Secretary of State to preside at any hearing conducted pursuant to the rules established by the Office of the Secretary of State (92 Ill. Adm. Code 1001).
"Hospital" − an institution that provides medical or surgical care and treatment for the sick and injured.
"Identification Card" any document made or issued by or under the authority of the United States Government, the State of Illinois, or any other state or political subdivision thereof, or any other governmental or quasi-governmental organization that, when completed with information concerning the individual, is of a type intended or commonly accepted for the purpose of identification of an individual [15 ILCS 335/14A(a)(5)].
"Illinois Vehicle Code" or "Code" or "IVC" − the Illinois Vehicle Code [625 ILCS 5].
"Implement of Husbandry" every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations, including farm wagons, wagon trailers or like vehicles used in connection therewith, or for lifting or carrying an implement of husbandry, provided that no farm wagon, wagon trailer or like vehicle having a gross weight of more than 36,000 pounds shall be included under this definition [625 ILCS 5/1-130].
"Instruction Permit" a driving permit issued to operate a motor vehicle pursuant to the requirements of IVC Section 6-105 or 6-107.1.
"Invalidate" to render invalid any driver's license, permit or driving privileges.
"Judicial Driving Permit" a driving permit issued to grant a driver limited driving privileges as provided in IVC Section 6-206.1.
"Law Enforcement Officials" − police agencies, state's attorneys' offices or court officials.
"Law Enforcement Sworn Report" a confirmation of correctness and truth by an affidavit, oath or deposition, or a verification by certification, executed by a police officer in accordance with Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109] and pursuant to IVC Section 11-501.1(d).
"License Classification" a notation on a driver's license or permit indicating the type of vehicle a person is qualified to operate.
"Like Period of Time" an equal amount of time as the original suspension specified.
"Mandatory Conviction Suspension" a suspension in accordance with IVC Section 3-707.
"Materially Altered Documents" − any documents submitted by or on behalf of a petitioner to the Secretary that have been physically altered or changed by someone other than the author of the documents.
"Miscellaneous Suspension" a suspension for safety responsibility, financial responsibility, warrant parking/traffic, auto emissions, failure to appear, curfew, mandatory conviction, tollway, family financial responsibility, automated traffic law violation, night time driving restriction, or unsatisfied judgment.
"Motor Carrier" − any person engaged in the transport of property or passengers, or both, for hire, over the public roads of this State, by motor vehicle [625 ILCS 5/18C-1104(19)].
"National Driver Register" or "NDR" a computerized database of files on drivers maintained by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
"Night Time Driving Restriction" the hours during which a driver's privileges are not valid pursuant to IVC Sections 6-107.1(b), 6-110(a-1) or 6-110(a-3).
"Night Time Driving Restriction Suspension" − a suspension when a minor operates a vehicle on a highway during the prescribed hours without an adult or as otherwise provided for in accordance with IVC Sections 6-107.1(b) and 6‑110(a‑1).
"Notice of Automatic Stay" any notice received by the Department that indicates a debtor has filed a petition in bankruptcy, which automatically stays any proceedings against him or her pursuant to Section 362 of the Bankruptcy Reform Act of 1978 (11 U.S.C. 362).
"Notice of Meeting of Creditors" a notice from the United States Bankruptcy Court informing the entities that have a claim against the debtor that the debtor has filed bankruptcy.
"Occupational Driving Permit" the document that grants and specifies limited privileges to drivers of commercial vehicles as an occupation who have had their full driving privileges suspended. The occupational driving permit is valid only when in the immediate possession of the driver to whom it is issued.
"Office" − the Office of the Secretary of State.
"Open Cancellation or Disqualification" a cancellation or disqualification that appears on the driving record and is in effect.
"Open Suspension or Revocation" a suspension or revocation that appears on the driving record and is in effect.
"Parking Suspension" a suspension imposed for failure to pay fines or penalties for standing or parking violations pursuant to IVC Section 6-306.5.
"Payor" a person, business or corporation making payment to the Office of the Secretary of State, whether by check, electronic payment or any other means.
"Pending Cancellation or Disqualification" a cancellation or disqualification that appears on the driving record and is not yet in effect.
"Pending Suspension or Revocation" a suspension or revocation that appears on the driving record and is not yet in effect.
"Petition for Discharge Filed in Bankruptcy" an order by a United States Bankruptcy Court relieving an individual from all of his/her debts that are provable in bankruptcy, except those excluded by the federal Bankruptcy Code.
"Petition in Bankruptcy" a petition filed in Bankruptcy Court, or with the Clerk, by a debtor seeking the protection of the federal Bankruptcy Code.
"Petitioner" − any person or party who is the subject of an administrative hearing before the Secretary under the provisions of the Illinois Vehicle Code (see 92 Ill. Adm. Code 1001).
"Prior Suspension or Revocation" a suspension or revocation or extension of a suspension or revocation that appears on the driving record.
"Probationary License" a conditional license granting full driving privileges during a period of suspension [625 ILCS 5/1-164.1].
"Problem Driver Pointer System" or "PDPS" a pointer file consisting of an index of problem drivers (as determined by adverse driver's license actions) that is maintained by a driver's home state (SOR) and is accessed by other states (SOI) to determine a person's eligibility to apply for a driver's license.
"Reckless Driving" driving a motor vehicle with a willful or wanton disregard for the safety of persons or property or knowingly driving a vehicle using an incline in a roadway, such as a railroad crossing, bridge approach or hill to cause the vehicle to become airborne [625 ILCS 5/11-503].
"Record of Judgment" an adjudication by the court that the defendant is guilty, including the sentence pronounced by the court.
"Reinstatement Fee" the fee required by IVC Section 6-118(b) to restore a person's driving privileges after driving privileges have been suspended or revoked.
"Request" the written application upon the designated form, an approved electronic format, or an acceptable alternative for obtaining a driving abstract and supervision history record.
"Rescind" to annul or void a suspension, revocation, cancellation, disqualification or denial.
"Restricted Driving Permit" or "RDP" a document that grants and specifies limited privileges to drivers of motor vehicles who have had their full driving privileges suspended, revoked or cancelled [625 ILCS 5/1-173.1].
"Restriction" the notation on a driver's license or permit indicating requirements deemed applicable to the licensee by the Secretary of State to assure safe operation of a motor vehicle.
"Returned Check" a check delivered to the Office of the Secretary of State as payment of any fee when the check is not honored due to non-sufficient funds.
"Revocation" the termination by formal action of the Secretary of a person's license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the Secretary after the expiration of at least one year after the date of revocation [625 ILCS 5/1-176].
"Safety Responsibility Suspension" a suspension in accordance with IVC Section 7-205 or 7-208.
"Schedule A-3" a schedule of liabilities.
"Secretary of State" the Secretary of State of Illinois [625 ILCS 5/1-184].
"State of Inquiry" or "SOI" a licensing jurisdiction that originated the inquiry for a driver history record or driver status.
"State of Record" or "SOR" a licensing jurisdiction that originally took action against a problem driver and reported that driver to the NDR.
"Statutory Summary Revocation" the revocation by the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways for the period provided in IVC Section 6-208.1. Reinstatement after the revocation period shall occur after the person has been approved for reinstatement through an administrative hearing with the Secretary of State, has filed proof of financial responsibility, has paid the reinstatement fee as provided in IVC Section 6-118, and has successfully completed all necessary examinations. The basis for this revocation of driving privileges shall be the individual's refusal to submit to or failure to complete a chemical test or tests following an arrest for the offense of driving under the influence of alcohol, other drugs, or intoxicating compounds, or any combination thereof, involving a motor vehicle accident. [625 ILCS 5/1‑197.6]
"Statutory Summary Suspension" a withdrawal of a person's license or privilege to operate a motor vehicle on the public highways due to refusal to submit to or failure to complete or pass a chemical test or tests following an arrest for driving under the influence of alcohol, other drugs, or intoxicating compounds, or any combination thereof, for the periods provided in IVC Section 6-208.1.
"Stricken on Leave" or "SOL" stricken from court docket with permission for charges to be reinstated at a later date.
"Supervision" a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered [730 ILCS 5/5-1-21].
"Supervision History Record" − a record kept by the Department of Driver Services on each driver containing supervision disposition information provided in accordance with IVC Section 6-204(d).
"Suspension" the temporary withdrawal by formal action of the Secretary of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary [625 ILCS 5/1-204].
"Suspension or Revocation in Effect" a suspension or revocation that appears on the driving record and has not terminated.
"Terminated Suspension or Revocation" a suspension or revocation that appears on the driving record and is no longer in effect.
"Tollway Suspension" − a suspension of a driver's license and/or driving privileges for failure to satisfy fines or penalties for five or more tollway violations, tollway evasions or any combination thereof, in accordance with IVC Section 6-306.7.
"Type A Injury" an injury that requires immediate professional attention in either a doctor's office or a medical facility and includes severely bleeding wounds, distorted extremities and injuries that require the injured party to be carried from the scene.
"Trustee Report of No Assets" a report from the trustee of the United States Bankruptcy Court indicating the debtor has no assets.
"Unlawfully Altered Disability License Plate or Parking Permit or Device" any disability license plate or parking permit or device, or any license plate issued to a disabled veteran under IVC Section 3-609 or 3-609.01, issued by the Secretary of State or an authorized unit of local government that has been physically altered or changed in such manner that false information appears on the license plate or parking decal or device [625 ILCS 5/11-1301.5(a)].
"Unlawfully Altered Driver's License or Permit" any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction that has been physically altered or changed in such a manner that false information appears upon the license or permit [625 ILCS 5/6-301.1(a)(3)].
"Unlawfully Altered Identification Card" any issued identification card for which a computerized number and file have been created by the Secretary of State, the United States Government, any other state or political subdivision thereof, or any governmental or quasi-governmental organization that has been physically altered or changed in such a manner that false information appears upon the identification card [15 ILCS 335/14A(a)(3)].
"Unsatisfied Judgment Suspension" a suspension in accordance with IVC Section 7-303 or 7-313.
"Vacate" to set aside, annul, rescind, render void, or cancel an order.
"Valid Driver's License or Permit" a license or permit issued by the Secretary of State that is of the proper classification for the purposes for which it is being used and that has not been invalidated, denied, cancelled, revoked, suspended, disqualified or used after curfew or during a night time driving restriction.
"Warrant Parking/Traffic Suspension" a suspension for arrest warrants issued for failure to pay fines for traffic or parking violations in accordance with Section 6-306.6 of the Illinois Vehicle Code or for failure to pay a fine or penalty for 10 or more standing, parking or compliance regulations in accordance with IVC Section 6-306.5.
"Withdrawal" the negating of valid driving privileges by a state as the result of sanctions taken against driving privileges.
(Source: Amended at 48 Ill. Reg. 14369, effective September 18, 2024)
Section 1040.10 Court to Forward Licenses and Reports of Convictions
a) The Secretary of State, in order to fully utilize conviction reports filed with the Office by the courts of this State and other states, shall promulgate a point system as a standard in determining whether to suspend or revoke driving privileges and to determine the period of suspension or revocation. The point system may take into consideration:
1) the severity of the offense and conviction;
2) the total number of offenses and convictions of a driver;
3) the penalty imposed by the court;
4) the recommendations, if any, of the court; and
5) prior suspensions or revocations.
b) The Point System shall act as a standard for the Secretary of State in determining the fitness or unfitness of any person to safely operate any motor vehicle in a manner conducive to the public safety and welfare, and in determining whether the person has due respect for traffic laws and the safety of other persons upon the highway.
c) The Point System is outlined in Section 1040.20 and shall be subject to the Driver License Compact.
(Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009)