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Public Act 099-0057 | ||||
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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 1-124.5, 3-818, 6-500, 6-507, and 6-508.1 and by | ||||
adding Section 1-124.3 as follows: | ||||
(625 ILCS 5/1-124.3 new) | ||||
Sec. 1-124.3. Gross Combination Weight Rating (GCWR). GCWR | ||||
is the greater of: | ||||
(1) a value specified by the manufacturer of the power | ||||
unit, if such value is displayed on the Federal Motor | ||||
Vehicle Safety Standard (FMVSS) certification label | ||||
required by the National Highway Traffic Safety | ||||
Administration; or | ||||
(2) the sum of the gross vehicle weight ratings (GVWRs) | ||||
or the gross vehicle weights (GVWs) of the power unit and | ||||
the towed unit or units, or any combination thereof, that | ||||
produces the highest value. Exception: The GCWR of the | ||||
power unit will not be used to define a commercial motor | ||||
vehicle when the power unit is not towing another vehicle.
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(625 ILCS 5/1-124.5)
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Sec. 1-124.5. Gross Vehicle Weight Rating (GVWR). The value |
specified by
the manufacturer or manufacturers as the maximum | ||
loaded weight of a single
vehicle. The GVWR
of a combination of | ||
vehicles (commonly referred to as the "Gross Combination
Weight | ||
Rating" or GCWR) is the GVWR of the power unit plus the GVWR of | ||
the
towed unit or units. In the absence of a value specified by | ||
the manufacturer,
GCWR is determined by adding the GVWR of the | ||
power unit and the total
weight of the towed unit and any load | ||
on the unit.
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(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
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Sec. 3-818. (a) Mileage weight tax option. Any owner of a | ||
vehicle of
the second division may elect to pay a mileage | ||
weight tax for such vehicle
in lieu of the flat weight tax set | ||
out in Section 3-815. Such election
shall be binding to the end | ||
of the registration year. Renewal of this
election must be | ||
filed with the Secretary of State on or before July 1
of each | ||
registration period. In such event the owner shall, at the time
| ||
of making such election, pay the $10 registration fee and the | ||
minimum
guaranteed mileage weight tax, as hereinafter | ||
provided, which payment
shall permit the owner to operate that | ||
vehicle the maximum mileage in
this State hereinafter set | ||
forth. Any vehicle being operated on
mileage plates cannot be | ||
operated outside of this State. In addition
thereto, the owner | ||
of that vehicle shall pay a mileage weight tax at the
following | ||
rates for each mile traveled in this State in excess of the
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maximum mileage provided under the minimum guaranteed basis:
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BUS, TRUCK OR TRUCK TRACTOR
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TRAILER
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(a-1) A Special Hauling Vehicle is a vehicle or combination | ||||||||||||||||||||||||||||||||||||||||||
of vehicles of
the second
division registered under Section | ||||||||||||||||||||||||||||||||||||||||||
3-813 transporting asphalt or concrete in the
plastic state or | ||||||||||||||||||||||||||||||||||||||||||
a vehicle or combination of vehicles that are subject to the
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gross weight limitations in subsection (a) of Section 15-111 | ||||||||||||||||||||||||||||||||||||||||||
for which the
owner of the
vehicle or combination of vehicles | ||||||||||||||||||||||||||||||||||||||||||
has elected to pay, in addition to the
registration fee in | ||||||||||||||||||||||||||||||||||||||||||
subsection (a), $125 to the Secretary of State
for each
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registration year. The Secretary shall designate this class of | ||||||||||||||||||||||||||||||||||||||||||
vehicle as
a Special Hauling Vehicle.
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In preparing rate schedules on registration applications, | ||||||||||||||||||||||||||||||||||||||||||
the Secretary
of State shall add to the above rates, the $10 | ||||||||||||||||||||||||||||||||||||||||||
registration fee. The
Secretary may decline to accept any | ||||||||||||||||||||||||||||||||||||||||||
renewal filed after July 1st.
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The number of axles necessary to carry the maximum load | ||||||||||||||||||||||||||||||||||||||||||
provided
shall be determined from Chapter 15 of this Code.
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Every owner of a second division motor vehicle for which he | ||||||||||||||||||||||||||||||||||||||||||
has
elected to pay a mileage weight tax shall keep a daily |
record upon forms
prescribed by the Secretary of State, showing | ||
the mileage covered by
that vehicle in this State. Such record | ||
shall contain the license number
of the vehicle and the miles | ||
traveled by the vehicle in this State for
each day of the | ||
calendar month. Such owner shall also maintain records
of fuel | ||
consumed by each such motor vehicle and fuel purchases | ||
therefor.
On or before the 10th day of July the owner
shall | ||
certify to the Secretary of State upon forms prescribed | ||
therefor,
summaries of his daily records which shall show the | ||
miles traveled by
the vehicle in this State during the | ||
preceding 12 months and such other
information as the Secretary | ||
of State may require. The daily record and
fuel records shall | ||
be filed, preserved and available for audit for a
period of 3 | ||
years. Any owner filing a return hereunder shall certify
that | ||
such return is a true, correct and complete return. Any person | ||
who
willfully makes a false return hereunder is guilty of | ||
perjury and shall
be punished in the same manner and to the | ||
same extent as is provided
therefor.
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At the time of filing his return, each owner shall pay to | ||
the
Secretary of State the proper amount of tax at the rate | ||
herein imposed.
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Every owner of a vehicle of the second division who elects | ||
to pay on
a mileage weight tax basis and who operates the | ||
vehicle within this
State, shall file with the Secretary of | ||
State a bond in the amount of
$500. The bond shall be in a form | ||
approved by the Secretary of State and with
a surety company
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approved by the Illinois Department of Insurance to transact
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business in this State as surety, and shall be conditioned upon | ||
such
applicant's paying to the State of Illinois all money | ||
becoming
due by
reason of the operation of the second division | ||
vehicle in this State,
together with all penalties and interest | ||
thereon.
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Upon notice from the Secretary that the registrant has | ||
failed to pay the
excess mileage fees, the surety shall | ||
immediately pay the fees together with
any penalties and | ||
interest thereon in an amount not to exceed the limits of the
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bond.
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(b) Beginning January 1, 2016, upon the request of the
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vehicle owner, a $10 surcharge shall be collected in addition
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to the above fees for vehicles in the 12,000 lbs. and less | ||
mileage
weight plate category as described in subsection (a) to | ||
be
deposited into the Secretary of State Special License Plate
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Fund. The $10 surcharge is to identify vehicles in the 12,000
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lbs. and less mileage weight plate category as a covered farm
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vehicle. The $10 surcharge is an annual flat fee that shall be
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based on an applicant's new or existing registration year for
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each vehicle in the 12,000 lbs. and less mileage weight plate
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category. A designation as a covered farm vehicle under this
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subsection (b) shall not alter a vehicle's registration as a
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registration in the 12,000 lbs. or less mileage weight | ||
category.
The Secretary shall adopt any rules necessary to | ||
implement this
subsection (b). |
(Source: P.A. 97-201, eff. 1-1-12.)
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(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
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(Text of Section before amendment by P.A. 98-176 ) | ||
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:
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(1) Alcohol. "Alcohol" means any substance containing any | ||
form of
alcohol, including but not limited to ethanol,
| ||
methanol,
propanol, and
isopropanol.
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(2) Alcohol concentration. "Alcohol concentration" means:
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(A) the number of grams of alcohol per 210 liters of | ||
breath;
or
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(B) the number of grams of alcohol per 100 milliliters | ||
of
blood; or
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(C) the number of grams of alcohol per 67 milliliters | ||
of
urine.
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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.
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(3) (Blank).
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(4) (Blank).
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(5) (Blank).
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(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.
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(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:
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(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
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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
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(ii) the vehicle is designed to transport 16 or | ||
more
persons;
or
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(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
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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
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(iii) 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), 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.
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(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.
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(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.
| ||
(16.7) Foreign commercial driver. "Foreign commercial |
driver" means a person licensed to operate a commercial motor | ||
vehicle by an authority outside the United States, or a citizen | ||
of a foreign country who operates a commercial motor vehicle in | ||
the United States. | ||
(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 any condition of a vehicle, employee, or | ||
commercial motor vehicle operations that substantially | ||
increases the likelihood of serious injury or death if not | ||
discontinued immediately; or a condition relating to hazardous | ||
material 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 an | ||
individual certified by the Federal Motor Carrier Safety | ||
Administration and listed on the National Registry of Certified | ||
Medical Examiners in accordance with Federal Motor Carrier | ||
Safety Regulations, 49 CFR 390.101 et seq. | ||
(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; 97-750, eff. 7-6-12; 97-829, | ||
eff. 1-1-13; 98-463, eff. 8-16-13; 98-722, eff. 7-16-14.) | ||
(Text of Section after amendment by P.A. 98-176 ) | ||
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 or combination of motor vehicles used in commerce, | ||
except those referred to in subdivision (B), designed
to | ||
transport passengers or property if the motor vehicle:
| ||
(i) 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
gross | ||
vehicle weight of more than 4,536 kilograms (10,000 | ||
pounds), whichever is greater; or
| ||
(i-5) 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 | ||
(ii) is designed to transport 16 or more
persons, |
including the driver;
or
| ||
(iii) is of any size and is used in transporting | ||
hazardous materials as defined in 49 C.F.R. 383.5.
| ||
(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, 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), 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 or other jurisdiction to | ||
obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||
a CLP.
| ||
(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.
| ||
(15.1) Endorsement. "Endorsement" means an authorization | ||
to an individual's CLP or CDL required to permit the individual | ||
to operate certain types of commercial motor vehicles. |
(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.
| ||
(16.7) Foreign commercial driver. "Foreign commercial | ||
driver" means a person licensed to operate a commercial motor | ||
vehicle by an authority outside the United States, or a citizen | ||
of a foreign country who operates a commercial motor vehicle in | ||
the United States. | ||
(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 any condition of a vehicle, employee, or | ||
commercial motor vehicle operations that substantially | ||
increases the likelihood of serious injury or death if not | ||
discontinued immediately; or a condition relating to hazardous | ||
material 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.
| ||
(20.6) Issuance. "Issuance" means initial issuance, | ||
transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||
CLP or CDL. | ||
(20.7) Issue. "Issue" means initial issuance, transfer, | ||
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||
non-domiciled CDL. | ||
(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.
| ||
(21.01) Manual transmission. "Manual transmission" means a | ||
transmission utilizing a driver-operated clutch that is | ||
activated by a pedal or lever and a gear-shift mechanism |
operated either by hand or foot including those known as a | ||
stick shift, stick, straight drive, or standard transmission. | ||
All other transmissions, whether semi-automatic or automatic, | ||
shall be considered automatic for the purposes of the | ||
standardized restriction code. | ||
(21.1) Medical examiner. "Medical examiner" means an | ||
individual certified by the Federal Motor Carrier Safety | ||
Administration and listed on the National Registry of Certified | ||
Medical Examiners in accordance with Federal Motor Carrier | ||
Safety Regulations, 49 CFR 390.101 et seq. | ||
(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-domiciled CLP or Non-domiciled CDL. | ||
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||
respectively, issued by a state or other jurisdiction 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 CLP or | ||
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 CLP or 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. | ||
(32.3) Third party skills test examiner. "Third party | ||
skills test examiner" means a person employed by a third party | ||
tester who is authorized by the State to administer the CDL | ||
skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||
(32.5) Third party tester. "Third party tester" means a | ||
person (including, but not limited to, another state, a motor | ||
carrier, a private driver training facility or other private | ||
institution, or a department, agency, or instrumentality of a | ||
local government) authorized by the State to employ skills test | ||
examiners to administer the CDL skills tests specified in 49 | ||
C.F.R. Part 383, subparts G and H. | ||
(32.7) United States. "United States" means the 50 states | ||
and the District of Columbia. | ||
(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; 97-750, eff. 7-6-12; 97-829, | ||
eff. 1-1-13; 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 | ||
for the effective date of changes made by P.A. 98-176); 98-463, | ||
eff. 8-16-13; 98-722, eff. 7-16-14.)
| ||
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| ||
(Text of Section before amendment by P.A. 98-176 )
| ||
Sec. 6-507. Commercial Driver's License (CDL) Required.
| ||
(a) Except as expressly permitted by this UCDLA, or when | ||
driving
pursuant to the issuance of a commercial driver | ||
instruction permit and
accompanied by the holder of a CDL valid | ||
for the vehicle being driven; no
person shall drive a | ||
commercial motor vehicle on the highways without: | ||
(1) a CDL in the driver's possession; | ||
(2) having obtained a CDL; | ||
(3) the proper class of CDL or endorsements or both for | ||
the specific vehicle group being operated or for the | ||
passengers or type of cargo being transported; or
| ||
(4) a copy of a medical variance document, if one | ||
exists, such as an exemption letter or a skill performance | ||
evaluation certificate. | ||
(b) Except as otherwise provided by this Code, no person | ||
may drive a
commercial motor vehicle on the highways while such | ||
person's driving
privilege, license, or permit is:
| ||
(1) Suspended, revoked, cancelled, or subject to
|
disqualification. Any person convicted of violating this | ||
provision or a
similar provision of this or any other state | ||
shall have their driving
privileges revoked under | ||
paragraph 12 of subsection (a) of Section 6-205 of
this | ||
Code.
| ||
(2) Subject to or in violation of an "out-of-service"
| ||
order. Any person who has been issued a CDL and is | ||
convicted of violating
this provision or a similar | ||
provision of any other state shall be disqualified
from | ||
operating a commercial motor vehicle under subsection (i) | ||
of Section 6-514
of this Code.
| ||
(3) Subject to or in violation of a driver or vehicle | ||
"out of service" order while operating a vehicle designed | ||
to transport 16 or more passengers, including the driver, | ||
or transporting hazardous materials required to be | ||
placarded. Any person who has been
issued a CDL and is | ||
convicted of violating this provision or a similar
| ||
provision of this or any other state shall be disqualified | ||
from operating a
commercial motor vehicle under subsection | ||
(i) of Section 6-514 of this Code.
| ||
(b-3) Except as otherwise provided by this Code, no person | ||
may drive a commercial motor vehicle on the highways during a | ||
period which the commercial motor vehicle or the motor carrier | ||
operation is subject to an "out-of-service" order. Any person | ||
who is convicted of violating this provision or a similar | ||
provision of any other state shall be disqualified from |
operating a commercial motor vehicle under subsection (i) of | ||
Section 6-514 of this Code. | ||
(b-5) Except as otherwise provided by this Code, no person | ||
may operate a vehicle designed to transport 16 or more | ||
passengers including the driver or hazardous materials of a | ||
type or quantity that requires the vehicle to be placarded | ||
during a period in which the commercial motor vehicle or the | ||
motor carrier operation is subject to an "out-of-service" | ||
order. Any person who is convicted of violating this provision | ||
or a similar provision of any other state shall be disqualified | ||
from operating a commercial motor vehicle under subsection (i) | ||
of Section 6-514 of this Code.
| ||
(c) Pursuant to the options provided to the States by FHWA | ||
Docket No.
MC-88-8, the driver of any motor vehicle controlled | ||
or operated by or for a
farmer is waived from the requirements | ||
of this Section, when such motor
vehicle is being used to | ||
transport: agricultural products; implements of
husbandry; or | ||
farm supplies; to and from a farm, as long as such movement is | ||
not over 150 air
miles from the originating farm. This waiver | ||
does not apply to
the driver of any motor vehicle
being used in | ||
a common or contract carrier type operation.
However, for those | ||
drivers of any truck-tractor
semitrailer combination or | ||
combinations registered under subsection (c) of
Section 3-815 | ||
of this Code, this waiver shall apply only when the
driver is a | ||
farmer or a member of the farmer's family and the driver is 21
| ||
years
of age or more and has successfully completed any
tests |
the Secretary of State deems necessary.
| ||
In addition, the farmer or a member of the farmer's family | ||
who operates a
truck-tractor semitrailer combination or | ||
combinations pursuant to this waiver
shall be granted all of | ||
the rights and shall be subject to all of the duties
and | ||
restrictions with respect to Sections 6-514 and 6-515 of this | ||
Code
applicable to the driver who possesses a commercial | ||
driver's license issued
under this Code, except that the driver | ||
shall not be subject to any additional
duties or restrictions | ||
contained
in Part 382 of the Federal Motor Carrier Safety | ||
Regulations that are
not otherwise imposed under Section 6-514 | ||
or 6-515 of this Code.
| ||
For purposes of this subsection (c), a member of the | ||
farmer's family is a
natural or in-law spouse, child, parent, | ||
or sibling.
| ||
(c-5) An employee of a township or road district with a | ||
population of
less
than 3,000 operating a vehicle within the | ||
boundaries of the township or road
district for the purpose of | ||
removing snow or ice from a roadway by plowing,
sanding, or | ||
salting is waived from the requirements of this Section when | ||
the
employee is needed to operate the vehicle because the | ||
employee of the township
or road district who ordinarily | ||
operates the vehicle and who has a commercial
driver's license | ||
is unable to operate the vehicle or is in need of additional
| ||
assistance due to a snow emergency.
| ||
(c-10) A driver of a commercial motor vehicle used |
primarily in the transportation of propane winter heating fuel | ||
or a driver of a motor vehicle used to respond to a pipeline | ||
emergency is waived from the requirements of this Section if | ||
such requirements would prevent the driver from responding to | ||
an emergency condition requiring immediate response as defined | ||
in 49 C.F.R. Part 390.5. | ||
(d) Any person convicted of violating this Section, shall | ||
be guilty of a
Class A misdemeanor.
| ||
(e) Any person convicted of violating paragraph (1) of | ||
subsection (b) of this Section,
shall have all driving | ||
privileges revoked by the Secretary of State.
| ||
(f) This Section shall not apply to:
| ||
(1) A person who currently holds a valid Illinois | ||
driver's license,
for the type of vehicle being operated, | ||
until the expiration of such
license or April 1, 1992, | ||
whichever is earlier; or
| ||
(2) A non-Illinois domiciliary who is properly | ||
licensed in another
State, until April 1, 1992. A | ||
non-Illinois domiciliary, if such
domiciliary is properly | ||
licensed in another State or foreign jurisdiction,
until | ||
April 1, 1992.
| ||
(Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229, | ||
eff. 7-28-11; 97-813, eff. 7-13-12.)
| ||
(Text of Section after amendment by P.A. 98-176 )
| ||
Sec. 6-507. Commercial Driver's License (CDL) or |
Commercial Learner's Permit (CLP) Required.
| ||
(a) Except as expressly permitted by this UCDLA, or when | ||
driving
pursuant to the issuance of a commercial learner's | ||
permit and
accompanied by the holder of a CDL valid for the | ||
vehicle being driven; no
person shall drive a commercial motor | ||
vehicle on the highways without: | ||
(1) a CDL in the driver's possession; | ||
(2) having obtained a CLP or CDL; | ||
(3) the proper class of CLP or CDL or endorsements or | ||
both for the specific vehicle group being operated or for | ||
the passengers or type of cargo being transported; or
| ||
(4) a copy of a medical variance document, if one | ||
exists, such as an exemption letter or a skill performance | ||
evaluation certificate. | ||
(a-5) A CLP or CDL holder whose CLP or CDL is held by this | ||
State or any other state in the course of enforcement of a | ||
motor vehicle traffic code and who has not been convicted of a | ||
disqualifying offense under 49 C.F.R. 383.51 based on this | ||
enforcement, may drive a CMV while holding a dated receipt for | ||
the CLP or CDL. | ||
(b) Except as otherwise provided by this Code, no person | ||
may drive a
commercial motor vehicle on the highways while such | ||
person's driving
privilege, license, or permit is:
| ||
(1) Suspended, revoked, cancelled, or subject to
| ||
disqualification. Any person convicted of violating this | ||
provision or a
similar provision of this or any other state |
shall have their driving
privileges revoked under | ||
paragraph 12 of subsection (a) of Section 6-205 of
this | ||
Code.
| ||
(2) Subject to or in violation of an "out-of-service"
| ||
order. Any person who has been issued a CLP or CDL and is | ||
convicted of violating
this provision or a similar | ||
provision of any other state shall be disqualified
from | ||
operating a commercial motor vehicle under subsection (i) | ||
of Section 6-514
of this Code.
| ||
(3) Subject to or in violation of a driver or vehicle | ||
"out of service" order while operating a vehicle designed | ||
to transport 16 or more passengers, including the driver, | ||
or transporting hazardous materials required to be | ||
placarded. Any person who has been
issued a CLP or CDL and | ||
is convicted of violating this provision or a similar
| ||
provision of this or any other state shall be disqualified | ||
from operating a
commercial motor vehicle under subsection | ||
(i) of Section 6-514 of this Code.
| ||
(b-3) Except as otherwise provided by this Code, no person | ||
may drive a commercial motor vehicle on the highways during a | ||
period which the commercial motor vehicle or the motor carrier | ||
operation is subject to an "out-of-service" order. Any person | ||
who is convicted of violating this provision or a similar | ||
provision of any other state shall be disqualified from | ||
operating a commercial motor vehicle under subsection (i) of | ||
Section 6-514 of this Code. |
(b-5) Except as otherwise provided by this Code, no person | ||
may operate a vehicle designed to transport 16 or more | ||
passengers including the driver or hazardous materials of a | ||
type or quantity that requires the vehicle to be placarded | ||
during a period in which the commercial motor vehicle or the | ||
motor carrier operation is subject to an "out-of-service" | ||
order. Any person who is convicted of violating this provision | ||
or a similar provision of any other state shall be disqualified | ||
from operating a commercial motor vehicle under subsection (i) | ||
of Section 6-514 of this Code.
| ||
(c) Pursuant to the options provided to the States by FHWA | ||
Docket No.
MC-88-8, the driver of any motor vehicle controlled | ||
or operated by or for a
farmer is waived from the requirements | ||
of this Section, when such motor
vehicle is being used to | ||
transport: agricultural products; implements of
husbandry; or | ||
farm supplies; to and from a farm, as long as such movement is | ||
not over 150 air
miles from the originating farm. This waiver | ||
does not apply to
the driver of any motor vehicle
being used in | ||
a common or contract carrier type operation.
However, for those | ||
drivers of any truck-tractor
semitrailer combination or | ||
combinations registered under subsection (c) of
Section 3-815 | ||
of this Code, this waiver shall apply only when the
driver is a | ||
farmer or a member of the farmer's family and the driver is 21
| ||
years
of age or more and has successfully completed any
tests | ||
the Secretary of State deems necessary.
| ||
In addition, the farmer or a member of the farmer's family |
who operates a
truck-tractor semitrailer combination or | ||
combinations pursuant to this waiver
shall be granted all of | ||
the rights and shall be subject to all of the duties
and | ||
restrictions with respect to Sections 6-514 and 6-515 of this | ||
Code
applicable to the driver who possesses a commercial | ||
driver's license issued
under this Code, except that the driver | ||
shall not be subject to any additional
duties or restrictions | ||
contained
in Part 382 of the Federal Motor Carrier Safety | ||
Regulations that are
not otherwise imposed under Section 6-514 | ||
or 6-515 of this Code.
| ||
For purposes of this subsection (c), a member of the | ||
farmer's family is a
natural or in-law spouse, child, parent, | ||
or sibling.
| ||
As required under the Code of Federal Regulations 49 CFR | ||
390.39, an operator of a covered farm vehicle, as defined under | ||
Section 18b-101 of this Code, is exempt from the requirements | ||
of this Section. | ||
(c-5) An employee of a township or road district with a | ||
population of
less
than 3,000 operating a vehicle within the | ||
boundaries of the township or road
district for the purpose of | ||
removing snow or ice from a roadway by plowing,
sanding, or | ||
salting is waived from the requirements of this Section when | ||
the
employee is needed to operate the vehicle because the | ||
employee of the township
or road district who ordinarily | ||
operates the vehicle and who has a commercial
driver's license | ||
is unable to operate the vehicle or is in need of additional
|
assistance due to a snow emergency.
| ||
(c-10) A driver of a commercial motor vehicle used | ||
primarily in the transportation of propane winter heating fuel | ||
or a driver of a motor vehicle used to respond to a pipeline | ||
emergency is waived from the requirements of this Section if | ||
such requirements would prevent the driver from responding to | ||
an emergency condition requiring immediate response as defined | ||
in 49 C.F.R. Part 390.5. | ||
(d) Any person convicted of violating this Section, shall | ||
be guilty of a
Class A misdemeanor.
| ||
(e) Any person convicted of violating paragraph (1) of | ||
subsection (b) of this Section,
shall have all driving | ||
privileges revoked by the Secretary of State.
| ||
(f) This Section shall not apply to:
| ||
(1) A person who currently holds a valid Illinois | ||
driver's license,
for the type of vehicle being operated, | ||
until the expiration of such
license or April 1, 1992, | ||
whichever is earlier; or
| ||
(2) A non-Illinois domiciliary who is properly | ||
licensed in another
State, until April 1, 1992. A | ||
non-Illinois domiciliary, if such
domiciliary is properly | ||
licensed in another State or foreign jurisdiction,
until | ||
April 1, 1992.
| ||
(Source: P.A. 97-208, eff. 1-1-12; 97-229, eff. 7-28-11; | ||
97-813, eff. 7-13-12; 98-176, eff. 7-8-15 (see Section 10 of | ||
P.A. 98-722 for the effective date of changes made by P.A. |
98-176).)
| ||
(625 ILCS 5/6-508.1) | ||
(Text of Section before amendment by P.A. 98-176 ) | ||
Sec. 6-508.1. Medical Examiner's Certificate. | ||
(a) It shall be unlawful for any person to drive a CMV in | ||
non-excepted interstate commerce unless the person holds a CDL | ||
and is medically certified as physically qualified to do so. | ||
(b) No person who has certified to non-excepted interstate | ||
driving as provided in Section 6-508 of this Code shall be | ||
issued a commercial driver instruction permit or CDL unless | ||
that person presents to the Secretary a medical examiner's | ||
certificate or has a current medical examiner's certificate on | ||
the CDLIS driver record. | ||
(c) Persons who hold a commercial driver instruction permit | ||
or CDL on January 30, 2012 who have certified as non-excepted | ||
interstate as provided in Section 6-508 of this Code must | ||
provide to the Secretary a medical examiner's certificate no | ||
later than January 30, 2014. | ||
(d) As of January 30, 2014, all persons who hold a | ||
commercial driver instruction permit or CDL who have certified | ||
as non-excepted interstate shall maintain a current medical | ||
examiner's certificate on file with the Secretary. | ||
(e) Within 10 calendar days of receipt of a medical | ||
examiner's certificate of a driver who has certified as | ||
non-excepted interstate, the Secretary shall post the |
following to the CDLIS driver record: | ||
(1) the medical examiner's name; | ||
(2) the medical examiner's telephone number; | ||
(3) the date of issuance of the medical examiner's | ||
certificate; | ||
(4) the medical examiner's license number and the state | ||
that issued it; | ||
(5) the medical certification status; | ||
(6) the expiration date of the medical examiner's | ||
certificate; | ||
(7) the existence of any medical variance on the | ||
medical examiner's certificate or grandfather provisions; | ||
(8) any restrictions noted on the medical examiner's | ||
certificate; and | ||
(9) the date the medical examiner's certificate | ||
information was posted to the CDLIS driver record. | ||
(f) Within 10 calendar days of the expiration or rescission | ||
of the driver's medical examiner's certificate or medical | ||
variance or both, the Secretary shall update the medical | ||
certification status to "not certified". | ||
(g) Within 10 calendar days of receipt of information from | ||
the Federal Motor Carrier Safety Administration regarding | ||
issuance or renewal of a medical variance, the Secretary shall | ||
update the CDLIS driver record to include the medical variance | ||
information provided by the Federal Motor Carrier Safety | ||
Administration. |
(h) The Secretary shall notify the driver of his or her | ||
non-certified status and that his or her CDL will be canceled | ||
unless the driver submits a current medical examiner's | ||
certificate or medical variance or changes his or her | ||
self-certification to driving only in excepted or intrastate | ||
commerce. | ||
(i) Within 60 calendar days of a driver's medical | ||
certification status becoming non-certified, the Secretary | ||
shall cancel the CDL.
| ||
(Source: P.A. 97-208, eff. 1-1-12.) | ||
(Text of Section after amendment by P.A. 98-176 ) | ||
Sec. 6-508.1. Medical Examiner's Certificate. | ||
(a) It shall be unlawful for any person to drive a CMV in | ||
non-excepted interstate commerce unless the person holds a CLP | ||
or CDL and is medically certified as physically qualified to do | ||
so. | ||
(b) No person who has certified to non-excepted interstate | ||
driving as provided in Sections 6-507.5 and 6-508 of this Code | ||
shall be issued a commercial learner's permit or CDL unless | ||
that person presents to the Secretary a medical examiner's | ||
certificate or has a current medical examiner's certificate on | ||
the CDLIS driver record. | ||
(c) Persons who hold a commercial driver instruction permit | ||
or CDL on January 30, 2012 who have certified as non-excepted | ||
interstate as provided in Section 6-508 of this Code must |
provide to the Secretary a medical examiner's certificate no | ||
later than January 30, 2014. | ||
(d) On and after January 30, 2014, all persons who hold a | ||
commercial driver instruction permit or CDL who have certified | ||
as non-excepted interstate shall maintain a current medical | ||
examiner's certificate on file with the Secretary. On and after | ||
July 1, 2014, all persons issued a CLP who have certified as | ||
non-excepted interstate shall maintain a current medical | ||
examiner's certificate on file with the Secretary. | ||
(e) Within 10 calendar days of receipt of a medical | ||
examiner's certificate of a driver who has certified as | ||
non-excepted interstate, the Secretary shall post the | ||
following to the CDLIS driver record: | ||
(1) the medical examiner's name; | ||
(2) the medical examiner's telephone number; | ||
(3) the date of issuance of the medical examiner's | ||
certificate; | ||
(4) the medical examiner's license number and the state | ||
that issued it; | ||
(5) the medical certification status; | ||
(6) the expiration date of the medical examiner's | ||
certificate; | ||
(7) the existence of any medical variance on the | ||
medical examiner's certificate or grandfather provisions; | ||
(8) any restrictions noted on the medical examiner's | ||
certificate; and |
(9) the date the medical examiner's certificate | ||
information was posted to the CDLIS driver record. | ||
(f) Within 10 calendar days of the expiration or rescission | ||
of the driver's medical examiner's certificate or medical | ||
variance or both, the Secretary shall update the medical | ||
certification status to "not certified". | ||
(g) Within 10 calendar days of receipt of information from | ||
the Federal Motor Carrier Safety Administration regarding | ||
issuance or renewal of a medical variance, the Secretary shall | ||
update the CDLIS driver record to include the medical variance | ||
information provided by the Federal Motor Carrier Safety | ||
Administration. | ||
(h) The Secretary shall notify the driver of his or her | ||
non-certified status and that his or her CDL will be canceled | ||
unless the driver submits a current medical examiner's | ||
certificate or medical variance or changes his or her | ||
self-certification to driving only in excepted or intrastate | ||
commerce. | ||
(i) Within 60 calendar days of a driver's medical | ||
certification status becoming non-certified, the Secretary | ||
shall cancel the CDL.
| ||
(j) As required under the Code of Federal Regulations 49 | ||
CFR 390.39, an operator of a covered farm vehicle, as defined | ||
under Section 18b-101 of this Code, is exempt from the | ||
requirements of this Section. | ||
(Source: P.A. 97-208, eff. 1-1-12; 98-176, eff. 7-8-15 (see |
Section 10 of P.A. 98-722 for the effective date of changes | ||
made by P.A. 98-176).)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 999. Effective date. This Act takes effect July 1, | ||
2015.
|