093_HB2840
LRB093 06624 DRH 11730 b
1 AN ACT in relation to vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 6-104 and 6-508 as follows:
6 (625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104)
7 Sec. 6-104. Classification of Driver - Special
8 Restrictions.
9 (a) A driver's license issued under the authority of
10 this Act shall indicate the classification for which the
11 applicant therefor has qualified by examination or by such
12 other means that the Secretary of State shall prescribe.
13 Driver's license classifications shall be prescribed by rule
14 or regulation promulgated by the Secretary of State and such
15 may specify classifications as to operation of motor vehicles
16 of the first division, or of those of the second division,
17 whether operated singly or in lawful combination, and whether
18 for-hire or not-for-hire, and may specify such other
19 classifications as the Secretary deems necessary.
20 No person shall operate a motor vehicle unless such
21 person has a valid license with a proper classification to
22 permit the operation of such vehicle, except that any person
23 may operate a motorized pedalcycle if such person has a valid
24 current Illinois driver's license, regardless of
25 classification.
26 (b) No person who is under the age of 21 years or has
27 had less than 1 year of driving experience shall drive: (1)
28 in connection with the operation of any school, day camp,
29 summer camp, or nursery school, any public or private motor
30 vehicle for transporting children to or from any school, day
31 camp, summer camp, or nursery school, or (2) any motor
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1 vehicle of the second division when in use for the
2 transportation of persons for compensation.
3 (c) No person who is under the age of 18 years shall be
4 issued a license for the purpose of transporting property for
5 hire, or for the purpose of transporting persons for
6 compensation in a motor vehicle of the first division.
7 (d) No person shall drive: (1) a school bus when
8 transporting school children unless such person possesses a
9 valid school bus driver permit or is accompanied and
10 supervised, for the specific purpose of training prior to
11 routine operation of a school bus, by a person who has held a
12 valid school bus driver permit for at least one year; or (2)
13 any other vehicle owned or operated by or for a public or
14 private school, or a school operated by a religious
15 institution, where such vehicle is being used over a
16 regularly scheduled route for the transportation of persons
17 enrolled as a student in grade 12 or below, in connection
18 with any activity of the entities unless such person
19 possesses a valid school bus driver permit.
20 (d-5) No person may drive a bus that does not meet the
21 special requirements for school buses provided in Sections
22 12-801, 12-802, 12-803, and 12-805 of this Code that has been
23 chartered for the sole purpose of transporting students
24 regularly enrolled in grade 12 or below to or from
25 interscholastic athletic or interscholastic or school
26 sponsored activities unless the person has a valid and
27 properly classified commercial driver's license as provided
28 in subsection (c-1) of Section 6-508 of this Code school bus
29 driver permit in addition to any other permit or license that
30 is required to operate that bus. This subsection (d-5) does
31 not apply to any bus driver employed by a public
32 transportation provider authorized to conduct local or
33 interurban transportation of passengers when the bus is not
34 traveling a specific school bus route but is on a regularly
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1 scheduled route for the transporting of other fare paying
2 passengers.
3 (e) No person shall drive a religious organization bus
4 unless such person has a valid and properly classified
5 drivers license or a valid school bus driver permit.
6 (f) No person shall drive a motor vehicle for the
7 purpose of providing transportation for the elderly in
8 connection with the activities of any public or private
9 organization unless such person has a valid and properly
10 classified driver's license issued by the Secretary of State.
11 (g) No person shall drive a bus which meets the special
12 requirements for school buses provided in Section 12-801,
13 12-802, 12-803 and 12-805 of this Code for the purpose of
14 transporting persons 18 years of age or less in connection
15 with any youth camp licensed under the Youth Camp Act or any
16 child care facility licensed under the Child Care Act of 1969
17 unless such person possesses a valid school bus driver permit
18 or is accompanied and supervised, for the specific purpose of
19 training prior to routine operation of a school bus, by a
20 person who has held a valid school bus driver permit for at
21 least one year; however, a person who has a valid and
22 properly classified driver's license issued by the Secretary
23 of State may operate a school bus for the purpose of
24 transporting persons 18 years of age or less in connection
25 with any such youth camp or child care facility if the
26 "SCHOOL BUS" signs are covered or concealed and the stop
27 signal arm and flashing signal systems are not operable
28 through normal controls.
29 (Source: P.A. 92-849, eff. 1-1-03.)
30 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
31 Sec. 6-508. Commercial Driver's License (CDL) -
32 qualification standards.
33 (a) Testing.
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1 (1) General. No person shall be issued an original
2 or renewal CDL unless that person is domiciled in this
3 State. The Secretary shall cause to be administered such
4 tests as the Secretary deems necessary to meet the
5 requirements of 49 C.F.R. Part 383, subparts G and H.
6 (2) Third party testing. The Secretary of state
7 may authorize a "third party tester", pursuant to 49
8 C.F.R. Part 383.75, to administer the skills test or
9 tests specified by Federal Highway Administration
10 pursuant to the Commercial Motor Vehicle Safety Act of
11 1986 and any appropriate federal rule.
12 (b) Waiver of Skills Test. The Secretary of State may
13 waive the skills test specified in this Section for a
14 commercial driver license applicant who meets the
15 requirements of 49 C.F.R. Part 383.77.
16 (c) Limitations on issuance of a CDL. A CDL, or a
17 commercial driver instruction permit, shall not be issued to
18 a person while the person is subject to a disqualification
19 from driving a commercial motor vehicle, or unless otherwise
20 permitted by this Code, while the person's driver's license
21 is suspended, revoked or cancelled in any state, or any
22 territory or province of Canada; nor may a CDL be issued to a
23 person who has a CDL issued by any other state, or foreign
24 jurisdiction, unless the person first surrenders all such
25 licenses. No CDL shall be issued to or renewed for a person
26 who does not meet the requirement of 49 CFR 391.41(b)(11).
27 The requirement may be met with the aid of a hearing aid.
28 (c-1) The Secretary may issue a CDL with a school bus
29 driver endorsement to allow a person to drive the type of bus
30 described in subsection (d-5) of Section 6-104 of this Code.
31 The CDL with a school bus driver endorsement may be issued
32 only to a person meeting the following requirements:
33 (1) the person has submitted his or her
34 fingerprints to the Department of State Police for
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1 fingerprint based criminal background checks on current
2 and future information available in the state system and
3 current information available through the Federal Bureau
4 of Investigation's system;
5 (2) the person has passed a written test,
6 administered by the Secretary of State, on charter bus
7 operation, charter bus safety, and certain special
8 traffic laws relating to school buses determined by the
9 Secretary of State to be relevant to charter buses, and
10 submitted to a review of the applicant's driving habits
11 by the Secretary of State at the time the written test is
12 given;
13 (3) the person has demonstrated physical fitness to
14 operate school buses by submitting the results of a
15 medical examination, including tests for drug use; and
16 (4) the person has not been convicted of committing
17 or attempting to commit any one or more of the following
18 offenses: (i) those offenses defined in Sections 9-1,
19 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
20 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
21 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
22 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2,
23 12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3,
24 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
25 12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
26 18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
27 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
28 subsection (b), clause (1), of Section 12-4 of the
29 Criminal Code of 1961; (ii) those offenses defined in the
30 Cannabis Control Act except those offenses defined in
31 subsections (a) and (b) of Section 4, and subsection (a)
32 of Section 5 of the Cannabis Control Act; (iii) those
33 offenses defined in the Illinois Controlled Substances
34 Act; (iv) any offense committed or attempted in any other
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1 state or against the laws of the United States, which if
2 committed or attempted in this State would be punishable
3 as one or more of the foregoing offenses; (v) the
4 offenses defined in Sections 4.1 and 5.1 of the Wrongs to
5 Children Act and (vi) those offenses defined in Section
6 6-16 of the Liquor Control Act of 1934.
7 (d) Commercial driver instruction permit. A commercial
8 driver instruction permit may be issued to any person holding
9 a valid Illinois driver's license if such person successfully
10 passes such tests as the Secretary determines to be
11 necessary. A commercial driver instruction permit shall not
12 be issued to a person who does not meet the requirements of
13 49 CFR 391.41 (b)(11), except for the renewal of a commercial
14 driver instruction permit for a person who possesses a
15 commercial instruction permit prior to the effective date of
16 this amendatory Act of 1999.
17 (Source: P.A. 91-350, eff. 7-29-99.)