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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 5 | Section 6-107.1 as follows:
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| 6 | (625 ILCS 5/6-107.1)
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| 7 | Sec. 6-107.1. Instruction permit for a minor.
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| 8 | (a) Subject to subsection (d), the
The Secretary of State, | ||||||
| 9 | upon
receiving proper application and payment of the required | ||||||
| 10 | fee, may issue an
instruction permit to any person under the | ||||||
| 11 | age of 18 years who is
not ineligible for a license under | ||||||
| 12 | paragraphs 1, 3, 4, 5, 7, or 8 of Section
6-103, after the | ||||||
| 13 | applicant has successfully passed such examination as the
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| 14 | Secretary of State in his discretion may prescribe.
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| 15 | (1) An instruction permit issued under this Section
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| 16 | shall be valid for a period of 24 months after the date of | ||||||
| 17 | its
issuance and shall be restricted, by the Secretary of | ||||||
| 18 | State, to the operation
of a motor vehicle by the minor | ||||||
| 19 | only when accompanied by the adult instructor
of a driver | ||||||
| 20 | education program during enrollment in the program or when
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| 21 | practicing with a parent,
legal guardian, family member, or | ||||||
| 22 | a person in loco parentis who is 21
years of age or more, | ||||||
| 23 | has a license classification to operate such vehicle
and at | ||||||
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| 1 | least one year of driving experience, and who is occupying | ||||||
| 2 | a seat beside
the driver.
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| 3 | (2) A 24 month instruction permit for a motor driven | ||||||
| 4 | cycle may be issued
to
a person 16 or 17 years of age and | ||||||
| 5 | entitles the holder to drive upon the
highways during | ||||||
| 6 | daylight under direct supervision of a licensed motor | ||||||
| 7 | driven
cycle operator or motorcycle operator 21 years of | ||||||
| 8 | age or older who has a
license classification to operate | ||||||
| 9 | such motor driven cycle or motorcycle and at
least one year | ||||||
| 10 | of driving experience.
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| 11 | (3) A 24 month instruction permit for a motorcycle | ||||||
| 12 | other than a motor
driven
cycle may be issued to a person | ||||||
| 13 | 16 or 17 years of age in accordance with the
provisions of | ||||||
| 14 | paragraph 2 of Section 6-103 and entitles a holder to drive | ||||||
| 15 | upon
the highways during daylight under the direct | ||||||
| 16 | supervision of a licensed
motorcycle operator 21 years of | ||||||
| 17 | age or older who has at least one year of
driving
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| 18 | experience.
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| 19 | (b) An instruction permit issued under this Section when | ||||||
| 20 | issued to a person
under the
age of 17 years shall, as a matter | ||||||
| 21 | of law, be invalid for the operation of any
motor
vehicle | ||||||
| 22 | during the same time the child is prohibited from being on any | ||||||
| 23 | street
or highway under the provisions of the Child Curfew Act. | ||||||
| 24 | (b-1) No instruction permit shall be issued to any | ||||||
| 25 | applicant who is under the age of 18 years and who has been | ||||||
| 26 | certified to be a chronic or habitual truant, as defined in | ||||||
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| 1 | Section 26-2a of the School Code. | ||||||
| 2 | An applicant under the age of 18 years who provides proof | ||||||
| 3 | that he or she has resumed regular school attendance or that | ||||||
| 4 | his or her application was denied in error shall be eligible to | ||||||
| 5 | receive an instruction permit if other requirements are met. | ||||||
| 6 | The Secretary shall adopt rules for implementing this | ||||||
| 7 | subsection (b-1).
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| 8 | (c) Any person under the age of 16 years who possesses an | ||||||
| 9 | instruction permit
and
whose
driving privileges have been | ||||||
| 10 | suspended or revoked under the provisions of this
Code shall | ||||||
| 11 | not be granted a Family Financial Responsibility Driving Permit | ||||||
| 12 | or a
Restricted Driving Permit.
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| 13 | (d) The Secretary of State may require a random drug test | ||||||
| 14 | and may not issue an instruction permit to a person under the | ||||||
| 15 | age of 18 if the person tested positive for the presence of any | ||||||
| 16 | controlled substances or cannabis. | ||||||
| 17 | A person who has tested positive for controlled substances | ||||||
| 18 | or cannabis may be issued an instruction permit if he or she is | ||||||
| 19 | tested at a later date and tests negative for any controlled | ||||||
| 20 | substances or cannabis. | ||||||
| 21 | The Secretary shall adopt rules for implementing this | ||||||
| 22 | subsection (d). The Secretary shall prescribe a fee, to be | ||||||
| 23 | added to the fees charged for a license issued to a new driver, | ||||||
| 24 | to cover the cost of this testing.
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| 25 | (Source: P.A. 94-916, eff. 7-1-07.)
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