Public Act 097-0829
 
HB5101 EnrolledLRB097 17141 HEP 62339 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 6-500 and  by adding Sections 6-526 and 6-527 as 
follows:
 



    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)



    Sec. 6-500. Definitions of words and phrases. 
Notwithstanding the
definitions set forth elsewhere in this

Code, for purposes of the Uniform Commercial Driver's License 
Act
(UCDLA), the words and phrases listed below have the 
meanings
ascribed to them as follows:

    (1) Alcohol.  "Alcohol" means any substance containing any 
form of
alcohol, including but not limited to  ethanol,

methanol,
propanol, and
isopropanol.

    (2) Alcohol concentration.  "Alcohol concentration" means:


        (A) the number of grams of alcohol per 210 liters of 
    breath;
or


        (B) the number of grams of alcohol per 100 milliliters 
    of
blood; or


        (C) the number of grams of alcohol per 67 milliliters 
    of
urine.

    Alcohol tests administered within 2 hours of the driver 
being
"stopped or detained" shall be considered that driver's 
"alcohol
concentration" for the purposes of enforcing this 
UCDLA.

    (3) (Blank).

    (4) (Blank).

    (5) (Blank).

    (5.3) CDLIS driver record. "CDLIS driver record" means the 
electronic record of the individual CDL driver's status and 
history stored by the State-of-Record as part of the Commercial 
Driver's License Information System, or CDLIS, established 
under 49 U.S.C. 31309.
    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle 
record" or "CDLIS MVR" means a report generated from the CDLIS 
driver record meeting the requirements for access to CDLIS 
information and provided by states to users authorized in 49 
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the 
Driver Privacy Protection Act, 18 U.S.C. 2721–2725.
    (5.7) Commercial driver's license downgrade. "Commercial 
driver's license downgrade" or "CDL downgrade" means either:
        (A) a state allows the driver to change his or her 
    self-certification to interstate, but operating 
    exclusively in transportation or operation excepted from 
    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), 
    391.2, 391.68, or 398.3;
        (B)  a state allows the driver to change his or her 
    self-certification to intrastate only, if the driver 
    qualifies under that state's physical qualification 
    requirements for intrastate only;
        (C) a state allows the driver to change his or her 
    certification to intrastate, but operating exclusively in 
    transportation or operations excepted from all or part of 
    the state driver qualification requirements; or
        (D) a state removes the CDL privilege from the driver 
    license.
    (6) Commercial Motor Vehicle.


        (A) "Commercial motor vehicle" or "CMV" means
a motor 
    vehicle used in commerce, except those referred to in 
    subdivision (B), designed
to transport passengers or 
    property if:


            (i) the vehicle has a GVWR of 26,001 pounds or more 
        or such
a
lesser GVWR as subsequently determined by 
        federal regulations or the Secretary
of State; or any

        combination of vehicles with a GCWR of 26,001 pounds or 
        more, provided the
GVWR of any vehicle or vehicles 
        being towed is 10,001 pounds or more; or


            (ii) the vehicle is designed to transport 16 or 
        more
persons;
or


            (iii) the vehicle is transporting hazardous 
        materials and
is
required to
be placarded in accordance 
        with 49 C.F.R. Part 172, subpart F.


        (B) Pursuant to the interpretation of the Commercial 
    Motor
Vehicle
Safety Act of 1986 by the Federal Highway 
    Administration, the definition of
"commercial motor 
    vehicle" does not include:


            (i) recreational vehicles, when operated primarily 
        for personal use;


            (ii) 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


            (iii) firefighting 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),  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.

    (7) Controlled Substance.  "Controlled substance" shall 
have the same
meaning as defined in Section 102 of the Illinois 
Controlled Substances Act,
and shall also include cannabis as 
defined in Section 3 of the Cannabis Control
Act and 
methamphetamine as defined in Section 10 of the Methamphetamine 
Control and Community Protection Act.

    (8) Conviction.  "Conviction" means 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.

    (8.5) Day. "Day" means calendar day.

    (9) (Blank).

    (10) (Blank).

    (11) (Blank).

    (12) (Blank).

    (13) Driver.  "Driver" means any person who drives, 
operates, or is in
physical control of a commercial motor 
vehicle, any person who is required to hold a
CDL, or any 
person who is a holder of a CDL while operating a 
non-commercial motor vehicle.

    (13.5) Driver applicant.  "Driver applicant" means an 
individual who applies to a state to obtain, transfer, upgrade, 
or renew a CDL.

    (13.8) Electronic device. "Electronic device" includes, 
but is not limited to, a cellular telephone,  personal digital 
assistant, pager, computer, or any other device used to input, 
write, send, receive, or read text. 
    (14) Employee.  "Employee" means a person who is employed as 
a
commercial
motor vehicle driver.  A person who is 
self-employed as a commercial motor
vehicle driver must comply 
with the requirements of this UCDLA
pertaining to employees.  An

owner-operator on a long-term lease shall be considered an 
employee.

    (15) Employer.  "Employer" means a person (including the 
United
States, a State or a local authority) who owns or leases 
a commercial motor
vehicle or assigns employees to operate such 
a vehicle.  A person who is
self-employed as a commercial motor 
vehicle driver must
comply with the requirements of this UCDLA.

    (15.3) Excepted interstate. "Excepted interstate" means a 
person who operates or expects to operate in interstate 
commerce, but engages exclusively in transportation or 
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or 
398.3 from all or part of the qualification requirements of 49 
C.F.R. Part 391 and is not required to obtain a medical 
examiner's certificate by 49 C.F.R. 391.45.
    (15.5) Excepted intrastate. "Excepted intrastate" means a 
person who operates in intrastate commerce but engages 
exclusively in transportation or operations excepted from all 
or parts of the state driver qualification requirements.
    (16) (Blank).

    (16.5)  Fatality.  "Fatality" means the death of a person as 
a result of a motor vehicle accident.

    (17) Foreign jurisdiction.  "Foreign jurisdiction" means a 
sovereign
jurisdiction that does not fall within the definition 
of "State".

    (18) (Blank).

    (19) (Blank).

    (20) Hazardous materials.  "Hazardous Material" means any 
material that has been designated under 49 U.S.C.
5103 and is 
required to be placarded under subpart F of 49 C.F.R. part 172 
or any quantity of a material listed as a select agent or toxin 
in 42 C.F.R. part 73.

    (20.5)  Imminent Hazard.  "Imminent hazard" means the 
existence of a condition that presents a substantial likelihood 
that death, serious illness, severe personal injury, or a 
substantial endangerment to health, property, or the 
environment may occur before the reasonably foreseeable 
completion date of a formal proceeding begun to lessen the risk 
of that death, illness, injury or endangerment.

    (21) Long-term lease.  "Long-term lease" means a lease of a 
commercial
motor vehicle by the owner-lessor to a lessee, for a 
period of more than 29
days.

    (21.1) Medical examiner. "Medical examiner" means a person 
who is licensed, certified, or registered in accordance with 
applicable state laws and regulations to perform physical 
examinations.  The term includes but is not limited to doctors 
of medicine, doctors of osteopathy, physician assistants, 
advanced practice nurses, and doctors of chiropractic.
    (21.2)  Medical examiner's certificate. "Medical examiner's 
certificate" means a document prescribed or approved by the 
Secretary of State that is issued by a medical examiner to a 
driver to medically qualify him or her to drive.
    (21.5)  Medical variance.  "Medical variance" means a driver 
has received one of the following from the Federal Motor 
Carrier Safety Administration which allows the driver to be 
issued a medical certificate:  (1) an exemption letter 
permitting operation of a commercial motor vehicle pursuant to 
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a 
skill performance evaluation (SPE) certificate permitting 
operation of a commercial motor vehicle pursuant to 49 C.F.R. 
391.49. 
    (21.7) Mobile telephone. "Mobile telephone" means a mobile 
communication device that falls under or uses any commercial 
mobile radio service, as defined in regulations of the Federal 
Communications Commission, 47 CFR 20.3. It does not include 
two-way or citizens band radio services. 
    (22) Motor Vehicle.  "Motor vehicle" means every vehicle

which is self-propelled, and every vehicle which is propelled 
by electric
power obtained from over head trolley wires but not 
operated upon rails,
except vehicles moved solely by human 
power and motorized wheel chairs.

    (22.2)  Motor vehicle record.  "Motor vehicle record" means a 
report of the driving status and history of a driver generated 
from the driver record provided to users, such as drivers or 
employers, and is subject to the provisions of the Driver 
Privacy Protection Act, 18 U.S.C. 2721-2725. 
    (22.5) Non-CMV.  "Non-CMV" means a motor vehicle or 
combination of motor vehicles not defined by the term 
"commercial motor vehicle" or "CMV" in this Section.

    (22.7)  Non-excepted interstate.  "Non-excepted interstate" 
means a person who operates or expects to operate in interstate 
commerce, is subject to and meets the qualification 
requirements under 49 C.F.R. Part 391, and is required to 
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
    (22.8)  Non-excepted intrastate.  "Non-excepted intrastate" 
means a person who operates only in intrastate commerce and is 
subject to State driver qualification requirements. 
    (23) Non-resident CDL.  "Non-resident CDL" means a 
commercial driver's
license issued by a state under either of 
the following two conditions:
        (i) to an individual domiciled in a foreign country 
    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. 
    of the Federal Motor Carrier Safety Administration.

        (ii) to an individual domiciled in another state 
    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. 
    of the Federal Motor Carrier Safety Administration.

    (24) (Blank).

    (25) (Blank).

    (25.5) Railroad-Highway Grade Crossing Violation.  
"Railroad-highway
grade
crossing violation" means a
violation, 
while operating a commercial motor vehicle, of
any
of the 
following:


            (A) Section 11-1201, 11-1202, or 11-1425 of this

        Code.


            (B) Any other similar
law or local ordinance of any 
        state relating to
railroad-highway grade crossing.

    (25.7) School Bus. "School bus" means a commercial motor 
vehicle used to transport pre-primary, primary, or secondary 
school students from home to school, from school to home, or to 
and from school-sponsored events.  "School bus" does not include 
a bus used as a common carrier.

    (26) Serious Traffic Violation.  "Serious traffic 
violation"
means:


        (A) a conviction when operating a commercial motor 
    vehicle, or when operating a non-CMV while holding a CDL,

    of:


            (i) a violation relating to excessive speeding,

        involving a single speeding charge of 15 miles per hour 
        or more above the
legal speed limit; or


            (ii) a violation relating to reckless driving; or


            (iii) a violation of any State law or local 
        ordinance relating to motor
vehicle traffic control 
        (other than parking violations) arising in
connection 
        with a fatal traffic accident; or


            (iv) a violation of Section 6-501, relating to 
        having multiple driver's
licenses; or


            (v) a violation of paragraph (a) of Section 6-507, 
        relating to the
requirement to have a valid CDL; or


            (vi) a violation relating to improper or erratic 
        traffic lane changes;
or


            (vii) a violation relating to following another 
        vehicle too closely; or

            (viii) a violation relating to texting while 
        driving; or 
            (ix) a violation relating to the use of a hand-held 
        mobile telephone while driving; or 

        (B) any other similar violation of a law or local

    ordinance of any state relating to motor vehicle traffic 
    control, other
than a parking violation, which the 
    Secretary of State determines by
administrative rule to be 
    serious.

    (27) State.  "State" means a state of the United States, the 
District of
Columbia and any province or territory of Canada.

    (28) (Blank).

    (29) (Blank).

    (30) (Blank).

    (31) (Blank).

    (32) Texting. "Texting" means manually entering 
alphanumeric text into, or reading text from, an electronic 
device.
        (1) Texting includes, but is not limited to, short 
    message service, emailing, instant messaging, a command or 
    request to access a World Wide Web page, pressing more than 
    a single button to initiate or terminate a voice 
    communication using a mobile telephone, or engaging in any 
    other form of electronic text retrieval or entry for 
    present or future communication.
        (2) Texting does not include:
            (i) inputting, selecting, or reading information 
        on a global positioning system or navigation system; or
            (ii) pressing a single button to initiate or 
        terminate a voice communication using a mobile 
        telephone; or
            (iii) using a device capable of performing 
        multiple functions (for example, a fleet management 
        system, dispatching device, smart phone, citizens band 
        radio, or music player) for a purpose that is not 
        otherwise prohibited by Part 392 of the Federal Motor 
        Carrier Safety Regulations.
    (33) Use a hand-held mobile telephone. "Use a hand-held 
mobile telephone" means:
        (1) using at least one hand to hold a mobile telephone 
    to conduct a voice communication;
        (2) dialing or answering a mobile telephone by pressing 
    more than a single button; or
        (3) reaching for a mobile telephone in a manner that 
    requires a driver to maneuver so that he or she is no 
    longer in a seated driving position, restrained by a seat 
    belt that is installed in accordance with 49 CFR 393.93 and 
    adjusted in accordance with the vehicle manufacturer's 
    instructions. 
(Source: P.A. 97-208, eff. 1-1-12.)

 
    (625 ILCS 5/6-526 new)
    Sec. 6-526. Prohibition against texting.
    (a) A driver may not engage in texting while driving a 
commercial motor vehicle.
    (b) A motor carrier may not allow or require its drivers to 
engage in texting while driving a commercial motor vehicle.
    (c) For the purpose of this Section, when a person is 
operating a commercial motor vehicle, driving means operating a 
commercial motor vehicle on a highway, including while 
temporarily stationary because of traffic, a traffic control 
device, or other momentary delays.  Driving does not include 
operating a commercial motor vehicle when the driver has moved 
the vehicle to the side of, or off, a highway and has halted in 
a location where the vehicle can safely remain stationary.
    (d) Texting while driving is permissible by a driver of a 
commercial motor vehicle when necessary to communicate with law 
enforcement officials or other emergency services.
 
    (625 ILCS 5/6-527 new)
    Sec. 6-527. Using a hand-held mobile telephone.
    (a) A driver may not use a hand-held mobile telephone while 
driving a commercial motor vehicle.
    (b) A motor carrier may not allow or require its drivers to 
use a hand-held mobile telephone while driving a commercial 
motor vehicle.
    (c) For the purpose of this Section, driving means 
operating a commercial motor vehicle on a highway, including 
while temporarily stationary because of traffic, a traffic 
control device, or other momentary delays.  Driving does not 
include operating a commercial motor vehicle when the driver 
has moved the vehicle to the side of, or off, a highway and has 
halted in a location where the vehicle can safely remain 
stationary.
    (d) Using a hand-held mobile telephone is permissible by a 
driver of a commercial motor vehicle when necessary to 
communicate with law enforcement officials or other emergency 
services.