95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4987

 

Introduced , by Rep. Julie Hamos

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-107.1

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning instruction permits for minors.


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A BILL FOR

 

HB4987 LRB095 17677 LCT 43751 b

1     AN ACT concerning transportation.
 
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 changing
5 Section 6-107.1 as follows:
 
6     (625 ILCS 5/6-107.1)
7     Sec. 6-107.1. Instruction permit for a minor.
8     (a) The The Secretary of State, upon receiving proper
9 application and payment of the required fee, may issue an
10 instruction permit to any person under the age of 18 years who
11 is not ineligible for a license under paragraphs 1, 3, 4, 5, 7,
12 or 8 of Section 6-103, after the applicant has successfully
13 passed such examination as the Secretary of State in his
14 discretion may prescribe.
15         (1) An instruction permit issued under this Section
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
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.
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.
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
18     experience.
19     (b) An instruction permit issued under this Section when
20 issued to a person under the age of 18 years shall, as a matter
21 of law, be invalid for the operation of any motor vehicle
22 during the following times:
23         (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
24         (2) Between 11:00 p.m. Saturday and 6:00 a.m. on
25     Sunday; and
26         (3) Between 10:00 p.m. on Sunday to Thursday,

 

 

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1     inclusive, and 6:00 a.m. on the following day.
2     The instruction permit of a person under the age of 18
3 shall not be invalid as described in paragraph (b) of this
4 Section if the instruction permit holder under the age of 18
5 was:
6         (1) accompanied by the minor's parent or guardian or
7     other person in custody or control of the minor;
8         (2) on an errand at the direction of the minor's parent
9     or guardian, without any detour or stop;
10         (3) in a motor vehicle involved in interstate travel;
11         (4) going to or returning home from an employment
12     activity, without any detour or stop;
13         (5) involved in an emergency;
14         (6) going to or returning home from, without any detour
15     or stop, an official school, religious, or other
16     recreational activity supervised by adults and sponsored
17     by a government or governmental agency, a civic
18     organization, or another similar entity that takes
19     responsibility for the licensee, without any detour or
20     stop;
21         (7) exercising First Amendment rights protected by the
22     United States Constitution, such as the free exercise of
23     religion, freedom of speech, and the right of assembly; or
24         (8) married or had been married or is an emancipated
25     minor under the Emancipation of Minors Act.
26     (b-1) No instruction permit shall be issued to any

 

 

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1 applicant who is under the age of 18 years and who has been
2 certified to be a chronic or habitual truant, as defined in
3 Section 26-2a of the School Code.
4     An applicant under the age of 18 years who provides proof
5 that he or she has resumed regular school attendance or that
6 his or her application was denied in error shall be eligible to
7 receive an instruction permit if other requirements are met.
8 The Secretary shall adopt rules for implementing this
9 subsection (b-1).
10     (c) Any person under the age of 16 years who possesses an
11 instruction permit and whose driving privileges have been
12 suspended or revoked under the provisions of this Code shall
13 not be granted a Family Financial Responsibility Driving Permit
14 or a Restricted Driving Permit.
15 (Source: P.A. 94-916, eff. 7-1-07; 95-310, eff. 1-1-08.)