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| Public Act 097-0263 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-106, 6-110, and 6-510 as follows: | ||||
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
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Sec. 6-106. Application for license or instruction permit.
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(a) Every application for any permit or license authorized | ||||
to be issued
under this Act shall be made upon a form furnished | ||||
by the Secretary of
State. Every application shall be | ||||
accompanied by the proper fee and payment
of such fee shall | ||||
entitle the applicant to not more than 3 attempts to pass
the | ||||
examination within a period of 1 year after the date of | ||||
application.
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(b) Every application shall state the legal name, social | ||||
security
number, zip
code, date of birth, sex, and residence | ||||
address of the applicant; briefly
describe the applicant; state | ||||
whether the applicant has theretofore been
licensed as a | ||||
driver, and, if so, when and by what state or country, and
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whether any such license has ever been cancelled, suspended, | ||||
revoked or
refused, and, if so, the date and reason for such | ||||
cancellation, suspension,
revocation or refusal; shall include | ||||
an affirmation by the applicant that
all information set forth | ||||
is true and correct; and shall bear the
applicant's signature. | ||
In addition to the residence address, the Secretary may allow | ||
the applicant to provide a mailing address. The application | ||
form may
also require the statement of such additional relevant | ||
information as the
Secretary of State shall deem necessary to | ||
determine the applicant's
competency and eligibility. The | ||
Secretary of State may in his discretion
substitute a federal | ||
tax number in lieu of a social security number, or he
may | ||
instead assign an additional distinctive number in lieu | ||
thereof, where
an applicant is prohibited by bona fide | ||
religious convictions from applying
or is exempt from applying | ||
for a social security number. The Secretary of
State shall, | ||
however, determine which religious orders or sects have such
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bona fide religious convictions. The Secretary of State may, in | ||
his
discretion, by rule or regulation, provide that an | ||
application for a
drivers license or permit may include a | ||
suitable photograph of the
applicant in the
form prescribed by | ||
the Secretary, and he may further provide that each
drivers | ||
license shall include a photograph of the driver. The Secretary | ||
of
State may utilize a photograph process or system most | ||
suitable to deter
alteration or improper reproduction of a | ||
drivers license and to prevent
substitution of another photo | ||
thereon.
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(c) The application form shall include a notice to the | ||
applicant of the
registration obligations of sex offenders | ||
under the Sex Offender Registration
Act. The notice shall be | ||
provided in a form and manner prescribed by the
Secretary of | ||
State. For purposes of this subsection (c), "sex offender" has
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the meaning ascribed to it in Section 2 of the Sex Offender | ||
Registration Act.
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(d) Any male United States citizen or immigrant who applies | ||
for any
permit or
license authorized to be issued under this | ||
Act or for a renewal of any permit
or
license,
and who is at | ||
least 18 years of age but less than 26 years of age, must be
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registered in compliance with the requirements of the federal | ||
Military
Selective
Service Act.
The Secretary of State must | ||
forward in an electronic format the necessary
personal | ||
information regarding the applicants identified in this | ||
subsection (d)
to
the Selective Service System. The applicant's | ||
signature on the application
serves
as an indication that the | ||
applicant either has already registered with the
Selective
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Service System or that he is authorizing the Secretary to | ||
forward to the
Selective
Service System the necessary | ||
information for registration. The Secretary must
notify the | ||
applicant at the time of application that his signature | ||
constitutes
consent to registration with the Selective Service | ||
System, if he is not already
registered.
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(Source: P.A. 96-1231, eff. 7-23-10.)
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(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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Sec. 6-110. Licenses issued to drivers.
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(a) The Secretary of State shall issue to every qualifying | ||
applicant a
driver's license as applied for, which license | ||
shall bear a
distinguishing
number assigned to the licensee, | ||
the legal name,
signature, zip
code, date of birth, residence | ||
address, and a brief description of the
licensee.
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Licenses issued shall also indicate the classification and
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the restrictions under Section 6-104 of this Code.
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In lieu of the social security number, the Secretary may in | ||
his
discretion substitute a federal tax number or other | ||
distinctive number.
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A driver's license issued may, in the discretion of the | ||
Secretary,
include a suitable photograph of a type prescribed | ||
by the Secretary.
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(a-1) If the licensee is less than 18 years of age, unless | ||
one of the exceptions in subsection (a-2) apply, the license | ||
shall, as a matter of law, be invalid for the operation of any | ||
motor vehicle during the following times: | ||
(A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||
(B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
Sunday; and | ||
(C) Between 10:00 p.m. on Sunday to Thursday, | ||
inclusive, and 6:00 a.m. on the following day. | ||
(a-2) The driver's license of a person under the age of 18 | ||
shall not be invalid as described in subsection (a-1) of this | ||
Section if the licensee under the age of 18 was: | ||
(1) accompanied by the licensee's parent or guardian or | ||
other person in custody or control of the minor; | ||
(2) on an errand at the direction of the minor's parent | ||
or guardian, without any detour or stop; | ||
(3) in a motor vehicle involved in interstate travel; | ||
(4) going to or returning home from an employment | ||
activity, without any detour or stop; | ||
(5) involved in an emergency; | ||
(6) going to or returning home from, without any detour | ||
or stop, an official school, religious, or other | ||
recreational activity supervised by adults and sponsored | ||
by a government or governmental agency, a civic | ||
organization, or another similar entity that takes | ||
responsibility for the licensee, without any detour or | ||
stop; | ||
(7) exercising First Amendment rights protected by the | ||
United States Constitution, such as the free exercise of | ||
religion, freedom of speech, and the right of assembly; or | ||
(8) married or had been married or is an emancipated | ||
minor under the Emancipation of Minors Act. | ||
(a-2.5) The driver's license of a person who is 17 years of | ||
age and has been licensed for at least 12 months is not invalid | ||
as described in subsection (a-1) of this Section while the | ||
licensee is participating as an assigned driver in a Safe Rides | ||
program that meets the following criteria: | ||
(1) the program is sponsored by the Boy Scouts of | ||
America or another national public service organization; | ||
and | ||
(2) the sponsoring organization carries liability | ||
insurance covering the program. | ||
(a-3) 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 Section | ||
6-107 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 offense, the provisions of | ||
subsection (a-1) 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 Section 6-107 or Section 12-603.1 of this Code.
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(a-4) If an applicant for a driver's license or instruction | ||
permit has a current identification card issued by the | ||
Secretary of State, the Secretary may require the applicant to | ||
utilize the same residence address and name on the | ||
identification card, driver's license, and instruction permit | ||
records maintained by the Secretary. The Secretary may | ||
promulgate rules to implement this provision. | ||
(b) Until the Secretary of State establishes a First Person | ||
Consent organ and tissue donor registry under Section 6-117 of | ||
this Code, the Secretary of State shall provide a format on the | ||
reverse of
each driver's license issued which the licensee may | ||
use to execute a document
of gift conforming to the provisions | ||
of the Illinois Anatomical Gift Act.
The format shall allow the | ||
licensee to indicate the gift intended, whether
specific | ||
organs, any organ, or the entire body, and shall accommodate | ||
the
signatures of the donor and 2 witnesses. The Secretary | ||
shall also inform
each applicant or licensee of this format, | ||
describe the procedure for its
execution, and may offer the | ||
necessary witnesses; provided that in so doing,
the Secretary | ||
shall advise the applicant or licensee that he or she is
under | ||
no compulsion to execute a document of gift. A brochure
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explaining this method of executing an anatomical gift document | ||
shall be given
to each applicant or licensee. The brochure | ||
shall advise the applicant or
licensee that he or she is under | ||
no compulsion to execute a document of
gift, and that he or she | ||
may wish to consult with family, friends or clergy
before doing | ||
so. The Secretary of State may undertake additional efforts,
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including education and awareness activities, to promote organ | ||
and tissue
donation.
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(c) The Secretary of State shall designate on each driver's | ||
license issued
a space where the licensee may place a sticker | ||
or decal of the uniform
size as the Secretary may specify, | ||
which sticker or decal may indicate in
appropriate language | ||
that the owner of the license carries an Emergency
Medical | ||
Information Card.
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The sticker may be provided by any person, hospital, | ||
school,
medical group, or association interested in assisting | ||
in implementing
the Emergency Medical Information Card, but | ||
shall meet the specifications
as the Secretary may by rule or | ||
regulation require.
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(d) The Secretary of State shall designate on each driver's | ||
license issued
a space where the licensee may indicate his | ||
blood type and RH factor.
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(e) The Secretary of State shall provide
that each original | ||
or renewal driver's license issued to a licensee under
21 years | ||
of age shall be of a distinct nature from those driver's | ||
licenses
issued to individuals 21 years of age and older. The | ||
color designated for
driver's licenses for licensees under 21 | ||
years of age shall be at the
discretion of the Secretary of | ||
State.
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(e-1) The Secretary shall provide that each driver's | ||
license issued to a
person under the age of 21 displays the | ||
date upon which the person becomes 18
years of age and the date | ||
upon which the person becomes 21 years of age.
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(f) The Secretary of State shall inform all Illinois | ||
licensed
commercial motor vehicle operators of the | ||
requirements of the Uniform
Commercial Driver License Act, | ||
Article V of this Chapter, and shall make
provisions to insure | ||
that all drivers, seeking to obtain a commercial
driver's | ||
license, be afforded an opportunity prior to April 1, 1992, to
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obtain the license. The Secretary is authorized to extend
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driver's license expiration dates, and assign specific times, | ||
dates and
locations where these commercial driver's tests shall | ||
be conducted. Any
applicant, regardless of the current | ||
expiration date of the applicant's
driver's license, may be | ||
subject to any assignment by the Secretary.
Failure to comply | ||
with the Secretary's assignment may result in the
applicant's | ||
forfeiture of an opportunity to receive a commercial driver's
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license prior to April 1, 1992.
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(g) The Secretary of State shall designate on a
driver's | ||
license issued, a space where the licensee may indicate that he | ||
or
she has drafted a living will in accordance with the | ||
Illinois Living Will
Act or a durable power of attorney for | ||
health care in accordance with the
Illinois Power of Attorney | ||
Act.
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(g-1) The Secretary of State, in his or her discretion, may | ||
designate on
each driver's license issued a space where the | ||
licensee may place a sticker or
decal, issued by the Secretary | ||
of State, of uniform size as the Secretary may
specify, that | ||
shall indicate in appropriate language that the owner of the
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license has renewed his or her driver's license.
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(h) A person who acts in good faith in accordance with the | ||
terms of
this Section is not liable for damages in any civil | ||
action or subject to
prosecution in any criminal proceeding for | ||
his or her act.
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(Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08; | ||
96-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)
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(625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
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Sec. 6-510. Application for Commercial Driver's License | ||
(CDL).
The application for a CDL or commercial driver | ||
instruction permit,
must include, but not necessarily be | ||
limited to, the following:
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(1) the full legal name and current Illinois | ||
domiciliary address
(unless the
application is for a | ||
Non-resident CDL) of the driver applicant;
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(2) a physical description of the driver applicant | ||
including sex, height,
weight, color of eyes and hair | ||
color;
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(3) date of birth;
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(4) the driver applicant's social security number or | ||
other identifying number
acceptable to the Secretary of | ||
State;
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(5) the driver applicant's signature;
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(6) certifications required by 49 C.F.R. Part 383.71; | ||
(6.1) the names of all states where the driver
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applicant has previously been licensed to drive any type of | ||
motor vehicle during the previous 10 years pursuant to 49 | ||
C.F.R. Part 383; and
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(7) any other information required by the Secretary of | ||
State.
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(Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07; | ||
95-876, eff. 8-21-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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