| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
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 | Sections 6-205, 6-206, 11-1301.3, and 18a-300 as follows:
| |||||||||||||||||||||||||
6 | (625 ILCS 5/6-205)
| |||||||||||||||||||||||||
7 | Sec. 6-205. Mandatory revocation of license or permit; | |||||||||||||||||||||||||
8 | Hardship cases.
| |||||||||||||||||||||||||
9 | (a) Except as provided in this Section, the Secretary of | |||||||||||||||||||||||||
10 | State shall
immediately revoke the license, permit, or driving | |||||||||||||||||||||||||
11 | privileges of
any driver upon receiving a
report of the | |||||||||||||||||||||||||
12 | driver's conviction of any of the following offenses:
| |||||||||||||||||||||||||
13 | 1. Reckless homicide resulting from the operation of a | |||||||||||||||||||||||||
14 | motor vehicle;
| |||||||||||||||||||||||||
15 | 2. Violation of Section 11-501 of this Code or a | |||||||||||||||||||||||||
16 | similar provision of
a local ordinance relating to the | |||||||||||||||||||||||||
17 | offense of operating or being in physical
control of a | |||||||||||||||||||||||||
18 | vehicle while under the influence of alcohol, other drug or
| |||||||||||||||||||||||||
19 | drugs, intoxicating compound or compounds, or any | |||||||||||||||||||||||||
20 | combination thereof;
| |||||||||||||||||||||||||
21 | 3. Any felony under the laws of any State or the | |||||||||||||||||||||||||
22 | federal government
in the commission of which a motor | |||||||||||||||||||||||||
23 | vehicle was used;
|
| |||||||
| |||||||
1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
| ||||||
4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
| ||||||
8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
| ||||||
11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
| ||||||
13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
| ||||||
15 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 arising from
the use of a motor vehicle;
| ||||||
18 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
19 | to aggravated
fleeing or attempting to elude a peace | ||||||
20 | officer;
| ||||||
21 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
22 | Section 6-507,
or a similar law of any other state, | ||||||
23 | relating to the
unlawful operation of a commercial motor | ||||||
24 | vehicle;
| ||||||
25 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
26 | this Code or a
similar provision of a local ordinance if |
| |||||||
| |||||||
1 | the driver has been previously
convicted of a violation of | ||||||
2 | that Section or a similar provision of a local
ordinance | ||||||
3 | and the driver was less than 21 years of age at the time of | ||||||
4 | the
offense;
| ||||||
5 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
6 | this Code or a similar provision of a local ordinance | ||||||
7 | relating to the offense of street racing;
| ||||||
8 | 15. A second or subsequent conviction of driving while | ||||||
9 | the person's driver's license, permit or privileges was | ||||||
10 | revoked for reckless homicide or a similar out-of-state | ||||||
11 | offense; | ||||||
12 | 16. Any offense against any provision in this Code, or | ||||||
13 | any local ordinance, regulating the
movement of traffic | ||||||
14 | when that offense was the proximate cause of the death of | ||||||
15 | any person. Any person whose driving privileges have been | ||||||
16 | revoked pursuant to this paragraph may seek to have the | ||||||
17 | revocation terminated or to have the length of revocation | ||||||
18 | reduced by requesting an administrative hearing with the | ||||||
19 | Secretary of State prior to the projected driver's license | ||||||
20 | application eligibility date ; . | ||||||
21 | 17. Violation of subsection (a-1) of Section 11-1301.3 | ||||||
22 | of this Code relating to unauthorized use of parking places | ||||||
23 | reserved for persons with disabilities. | ||||||
24 | (b) The Secretary of State shall also immediately revoke | ||||||
25 | the license
or permit of any driver in the following | ||||||
26 | situations:
|
| |||||||
| |||||||
1 | 1. Of any minor upon receiving the notice provided for | ||||||
2 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
3 | minor has been
adjudicated under that Act as having | ||||||
4 | committed an offense relating to
motor vehicles prescribed | ||||||
5 | in Section 4-103 of this Code;
| ||||||
6 | 2. Of any person when any other law of this State | ||||||
7 | requires either the
revocation or suspension of a license | ||||||
8 | or permit;
| ||||||
9 | 3. Of any person adjudicated under the Juvenile Court | ||||||
10 | Act of 1987 based on an offense determined to have been | ||||||
11 | committed in furtherance of the criminal activities of an | ||||||
12 | organized gang as provided in Section 5-710 of that Act, | ||||||
13 | and that involved the operation or use of a motor vehicle | ||||||
14 | or the use of a driver's license or permit. The revocation | ||||||
15 | shall remain in effect for the period determined by the | ||||||
16 | court. Upon the direction of the court, the Secretary shall | ||||||
17 | issue the person a judicial driving permit, also known as a | ||||||
18 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
19 | issued under Section 6-206.1, except that the court may | ||||||
20 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
21 | effective immediately.
| ||||||
22 | (c)(1) Whenever a person is convicted of any of the | ||||||
23 | offenses enumerated in
this Section, the court may recommend | ||||||
24 | and the Secretary of State in his
discretion, without regard to | ||||||
25 | whether the recommendation is made by the
court may, upon | ||||||
26 | application,
issue to the person a
restricted driving permit |
| |||||||
| |||||||
1 | granting the privilege of driving a motor
vehicle between the | ||||||
2 | petitioner's residence and petitioner's place
of employment or | ||||||
3 | within the scope of the petitioner's employment related
duties, | ||||||
4 | or to allow the petitioner to transport himself or herself or a | ||||||
5 | family member
of the petitioner's household to a medical | ||||||
6 | facility for the receipt of necessary medical care or to allow | ||||||
7 | the
petitioner to transport himself or herself to and from | ||||||
8 | alcohol or drug remedial or rehabilitative activity | ||||||
9 | recommended by a licensed service provider, or to allow the
| ||||||
10 | petitioner to transport himself or herself or a family member | ||||||
11 | of the petitioner's household to classes, as a student, at an | ||||||
12 | accredited educational
institution, or to allow the petitioner | ||||||
13 | to transport children, elderly persons, or disabled persons who | ||||||
14 | do not hold driving privileges and are living in the | ||||||
15 | petitioner's household to and from daycare; if the petitioner | ||||||
16 | is able to demonstrate that no alternative means
of | ||||||
17 | transportation is reasonably available and that the petitioner | ||||||
18 | will not endanger
the public safety or welfare; provided that | ||||||
19 | the Secretary's discretion shall be
limited to cases where | ||||||
20 | undue hardship, as defined by the rules of the Secretary of | ||||||
21 | State, would result from a failure to issue the
restricted | ||||||
22 | driving permit. Those multiple offenders identified in | ||||||
23 | subdivision (b)4 of Section 6-208 of this Code, however, shall | ||||||
24 | not be eligible for the issuance of a restricted driving | ||||||
25 | permit.
| ||||||
26 | (2) If a person's license or permit is revoked or |
| |||||||
| |||||||
1 | suspended due to 2 or
more convictions of violating Section | ||||||
2 | 11-501 of this Code or a similar
provision of a local | ||||||
3 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
4 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
5 | other drugs is recited as an element of the offense, or a | ||||||
6 | similar out-of-state offense, or a combination of these | ||||||
7 | offenses, arising out
of separate occurrences, that | ||||||
8 | person, if issued a restricted driving permit,
may not | ||||||
9 | operate a vehicle unless it has been equipped with an | ||||||
10 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
11 | (3) If:
| ||||||
12 | (A) a person's license or permit is revoked or | ||||||
13 | suspended 2 or more
times within a 10 year period due | ||||||
14 | to any combination of: | ||||||
15 | (i)
a single conviction of violating Section
| ||||||
16 | 11-501 of this Code or a similar provision of a | ||||||
17 | local ordinance or a similar
out-of-state offense, | ||||||
18 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
19 | the use of alcohol or other drugs is recited as an | ||||||
20 | element of the offense, or a similar out-of-state | ||||||
21 | offense; or | ||||||
22 | (ii)
a statutory summary suspension or | ||||||
23 | revocation under Section
11-501.1; or | ||||||
24 | (iii)
a suspension pursuant to Section | ||||||
25 | 6-203.1;
| ||||||
26 | arising out of
separate occurrences; or |
| |||||||
| |||||||
1 | (B)
a person has been convicted of one violation of | ||||||
2 | Section 6-303 of this Code committed while his or her | ||||||
3 | driver's license, permit, or privilege was revoked | ||||||
4 | because of a violation of Section 9-3 of the Criminal | ||||||
5 | Code of 1961, relating to the offense of reckless | ||||||
6 | homicide where the use of alcohol or other drugs was | ||||||
7 | recited as an element of the offense, or a similar | ||||||
8 | provision of a law of another state;
| ||||||
9 | that person, if issued a restricted
driving permit, may not | ||||||
10 | operate a vehicle unless it has been equipped with an
| ||||||
11 | ignition interlock device as defined in Section 1-129.1. | ||||||
12 | (4)
The person issued a permit conditioned on the use | ||||||
13 | of an ignition interlock device must pay to the Secretary | ||||||
14 | of State DUI Administration Fund an amount
not to exceed | ||||||
15 | $30 per month. The Secretary shall establish by rule the | ||||||
16 | amount
and the procedures, terms, and conditions relating | ||||||
17 | to these fees. | ||||||
18 | (5)
If the restricted driving permit is issued for | ||||||
19 | employment purposes, then
the prohibition against | ||||||
20 | operating a motor vehicle that is not equipped with an | ||||||
21 | ignition interlock device does not apply to the operation | ||||||
22 | of an occupational vehicle
owned or leased by that person's | ||||||
23 | employer when used solely for employment purposes. | ||||||
24 | (6)
In each case the Secretary of State may issue a
| ||||||
25 | restricted driving permit for a period he deems | ||||||
26 | appropriate, except that the
permit shall expire within one |
| |||||||
| |||||||
1 | year from the date of issuance. The Secretary
may not, | ||||||
2 | however, issue a restricted driving permit to any person | ||||||
3 | whose current
revocation is the result of a second or | ||||||
4 | subsequent conviction for a violation
of Section 11-501 of | ||||||
5 | this Code or a similar provision of a local ordinance
or | ||||||
6 | any similar out-of-state offense, or Section 9-3 of the | ||||||
7 | Criminal Code of 1961, where the use of alcohol or other | ||||||
8 | drugs is recited as an element of the offense, or any | ||||||
9 | similar out-of-state offense, or any combination of these | ||||||
10 | offenses, until the expiration of at least one year from | ||||||
11 | the date of the
revocation. A restricted
driving permit | ||||||
12 | issued under this Section shall be
subject to cancellation, | ||||||
13 | revocation, and suspension by the Secretary of
State in | ||||||
14 | like manner and for like cause as a driver's license issued
| ||||||
15 | under this Code may be cancelled, revoked, or
suspended; | ||||||
16 | except that a conviction upon one or more offenses against | ||||||
17 | laws or
ordinances regulating the movement of traffic shall | ||||||
18 | be deemed sufficient cause
for the revocation, suspension, | ||||||
19 | or cancellation of a restricted driving permit.
The | ||||||
20 | Secretary of State may, as a condition to the issuance of a | ||||||
21 | restricted
driving permit, require the petitioner to | ||||||
22 | participate in a designated driver
remedial or | ||||||
23 | rehabilitative program. The Secretary of State is | ||||||
24 | authorized to
cancel a restricted driving permit if the | ||||||
25 | permit holder does not successfully
complete the program. | ||||||
26 | However, if an individual's driving privileges have been
|
| |||||||
| |||||||
1 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
2 | of this Section, no
restricted driving permit shall be | ||||||
3 | issued until the individual has served 6
months of the | ||||||
4 | revocation period.
| ||||||
5 | (c-5) (Blank).
| ||||||
6 | (c-6) If a person is convicted of a second violation of | ||||||
7 | operating a motor vehicle while the person's driver's license, | ||||||
8 | permit or privilege was revoked, where the revocation was for a | ||||||
9 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
10 | to the offense of reckless homicide or a similar out-of-state | ||||||
11 | offense, the person's driving privileges shall be revoked | ||||||
12 | pursuant to subdivision (a)(15) of this Section. The person may | ||||||
13 | not make application for a license or permit until the | ||||||
14 | expiration of five years from the effective date of the | ||||||
15 | revocation or the expiration of five years from the date of | ||||||
16 | release from a term of imprisonment, whichever is later. | ||||||
17 | (c-7) If a person is convicted of a third or subsequent | ||||||
18 | violation of operating a motor vehicle while the person's | ||||||
19 | driver's license, permit or privilege was revoked, where the | ||||||
20 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
21 | Code of 1961 relating to the offense of reckless homicide or a | ||||||
22 | similar out-of-state offense, the person may never apply for a | ||||||
23 | license or permit. | ||||||
24 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
25 | under Section
11-501 of this Code or a similar provision of a | ||||||
26 | local ordinance or a similar out-of-state offense, the
|
| |||||||
| |||||||
1 | Secretary of State shall revoke the driving privileges of that | ||||||
2 | person. One
year after the date of revocation, and upon | ||||||
3 | application, the Secretary of
State may, if satisfied that the | ||||||
4 | person applying will not endanger the
public safety or welfare, | ||||||
5 | issue a restricted driving permit granting the
privilege of | ||||||
6 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
7 | p.m. or as otherwise provided by this Section for a period of | ||||||
8 | one year.
After this one year period, and upon reapplication | ||||||
9 | for a license as
provided in Section 6-106, upon payment of the | ||||||
10 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
11 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
12 | reinstate the petitioner's driver's license and driving | ||||||
13 | privileges, or extend the restricted driving permit as many | ||||||
14 | times as the
Secretary of State deems appropriate, by | ||||||
15 | additional periods of not more than
12 months each.
| ||||||
16 | (2) If a person's license or permit is revoked or | ||||||
17 | suspended due to 2 or
more convictions of violating Section | ||||||
18 | 11-501 of this Code or a similar
provision of a local | ||||||
19 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
20 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
21 | other drugs is recited as an element of the offense, or a | ||||||
22 | similar out-of-state offense, or a combination of these | ||||||
23 | offenses, arising out
of separate occurrences, that | ||||||
24 | person, if issued a restricted driving permit,
may not | ||||||
25 | operate a vehicle unless it has been equipped with an | ||||||
26 | ignition
interlock device as defined in Section 1-129.1.
|
| |||||||
| |||||||
1 | (3) If a person's license or permit is revoked or | ||||||
2 | suspended 2 or more times
within a 10 year period due to | ||||||
3 | any combination of: | ||||||
4 | (A) a single conviction of violating Section | ||||||
5 | 11-501
of this
Code or a similar provision of a local | ||||||
6 | ordinance or a similar out-of-state
offense, or | ||||||
7 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
8 | of alcohol or other drugs is recited as an element of | ||||||
9 | the offense, or a similar out-of-state offense; or | ||||||
10 | (B)
a statutory summary suspension or revocation | ||||||
11 | under Section 11-501.1; or | ||||||
12 | (C) a suspension pursuant to Section 6-203.1; | ||||||
13 | arising out of separate occurrences, that person, if issued | ||||||
14 | a
restricted
driving permit, may not operate a vehicle | ||||||
15 | unless it has been equipped with an
ignition interlock | ||||||
16 | device as defined in Section 1-129.1. | ||||||
17 | (4)
The person issued a permit conditioned upon the use | ||||||
18 | of an interlock device must pay to the Secretary of State | ||||||
19 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
20 | month. The Secretary shall establish by rule the amount
and | ||||||
21 | the procedures, terms, and conditions relating to these | ||||||
22 | fees. | ||||||
23 | (5)
If the restricted driving permit is issued for | ||||||
24 | employment purposes, then
the prohibition against driving | ||||||
25 | a vehicle that is not equipped with an ignition interlock | ||||||
26 | device does not apply to the operation of an occupational |
| |||||||
| |||||||
1 | vehicle
owned or leased by that person's employer when used | ||||||
2 | solely for employment purposes. | ||||||
3 | (6) A
restricted driving permit issued under this | ||||||
4 | Section shall be subject to
cancellation, revocation, and | ||||||
5 | suspension by the Secretary of State in like
manner and for | ||||||
6 | like cause as a driver's license issued under this Code may | ||||||
7 | be
cancelled, revoked, or suspended; except that a | ||||||
8 | conviction upon one or more
offenses against laws or | ||||||
9 | ordinances regulating the movement of traffic
shall be | ||||||
10 | deemed sufficient cause for the revocation, suspension, or
| ||||||
11 | cancellation of a restricted driving permit.
| ||||||
12 | (d-5) The revocation of the license, permit, or driving | ||||||
13 | privileges of a person convicted of a third or subsequent | ||||||
14 | violation of Section 6-303 of this Code committed while his or | ||||||
15 | her driver's license, permit, or privilege was revoked because | ||||||
16 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
17 | relating to the offense of reckless homicide, or a similar | ||||||
18 | provision of a law of another state, is permanent. The | ||||||
19 | Secretary may not, at any time, issue a license or permit to | ||||||
20 | that person.
| ||||||
21 | (e) This Section is subject to the provisions of the Driver | ||||||
22 | License
Compact.
| ||||||
23 | (f) Any revocation imposed upon any person under | ||||||
24 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
25 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
26 | period of time.
|
| |||||||
| |||||||
1 | (g) The Secretary of State shall not issue a restricted | ||||||
2 | driving permit to
a person under the age of 16 years whose | ||||||
3 | driving privileges have been revoked
under any provisions of | ||||||
4 | this Code.
| ||||||
5 | (h) The Secretary of State shall require the use of | ||||||
6 | ignition interlock
devices on all vehicles owned by a person | ||||||
7 | who has been convicted of a
second or subsequent offense under | ||||||
8 | Section 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance. The person must pay to the Secretary of State DUI | ||||||
10 | Administration Fund an amount not to exceed $30 for each month | ||||||
11 | that he or she uses the device. The Secretary shall establish | ||||||
12 | by rule and
regulation the procedures for certification and use | ||||||
13 | of the interlock
system, the amount of the fee, and the | ||||||
14 | procedures, terms, and conditions relating to these fees.
| ||||||
15 | (i) (Blank).
| ||||||
16 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
17 | State may not issue a restricted driving permit for the | ||||||
18 | operation of a commercial motor vehicle to a person holding a | ||||||
19 | CDL whose driving privileges have been revoked, suspended, | ||||||
20 | cancelled, or disqualified under any provisions of this Code.
| ||||||
21 | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||||||
22 | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||||||
23 | 7-1-11; 97-333, eff. 8-12-11.)
| ||||||
24 | (625 ILCS 5/6-206)
| ||||||
25 | Sec. 6-206. Discretionary authority to suspend or revoke |
| |||||||
| |||||||
1 | license or
permit; Right to a hearing.
| ||||||
2 | (a) The Secretary of State is authorized to suspend or | ||||||
3 | revoke the
driving privileges of any person without preliminary | ||||||
4 | hearing upon a showing
of the person's records or other | ||||||
5 | sufficient evidence that
the person:
| ||||||
6 | 1. Has committed an offense for which mandatory | ||||||
7 | revocation of
a driver's license or permit is required upon | ||||||
8 | conviction;
| ||||||
9 | 2. Has been convicted of not less than 3 offenses | ||||||
10 | against traffic
regulations governing the movement of | ||||||
11 | vehicles committed within any 12
month period. No | ||||||
12 | revocation or suspension shall be entered more than
6 | ||||||
13 | months after the date of last conviction;
| ||||||
14 | 3. Has been repeatedly involved as a driver in motor | ||||||
15 | vehicle
collisions or has been repeatedly convicted of | ||||||
16 | offenses against laws and
ordinances regulating the | ||||||
17 | movement of traffic, to a degree that
indicates lack of | ||||||
18 | ability to exercise ordinary and reasonable care in
the | ||||||
19 | safe operation of a motor vehicle or disrespect for the | ||||||
20 | traffic laws
and the safety of other persons upon the | ||||||
21 | highway;
| ||||||
22 | 4. Has by the unlawful operation of a motor vehicle | ||||||
23 | caused or
contributed to an accident resulting in injury | ||||||
24 | requiring
immediate professional treatment in a medical | ||||||
25 | facility or doctor's office
to any person, except that any | ||||||
26 | suspension or revocation imposed by the
Secretary of State |
| |||||||
| |||||||
1 | under the provisions of this subsection shall start no
| ||||||
2 | later than 6 months after being convicted of violating a | ||||||
3 | law or
ordinance regulating the movement of traffic, which | ||||||
4 | violation is related
to the accident, or shall start not | ||||||
5 | more than one year
after
the date of the accident, | ||||||
6 | whichever date occurs later;
| ||||||
7 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
8 | driver's
license, identification card, or permit;
| ||||||
9 | 6. Has been lawfully convicted of an offense or | ||||||
10 | offenses in another
state, including the authorization | ||||||
11 | contained in Section 6-203.1, which
if committed within | ||||||
12 | this State would be grounds for suspension or revocation;
| ||||||
13 | 7. Has refused or failed to submit to an examination | ||||||
14 | provided for by
Section 6-207 or has failed to pass the | ||||||
15 | examination;
| ||||||
16 | 8. Is ineligible for a driver's license or permit under | ||||||
17 | the provisions
of Section 6-103;
| ||||||
18 | 9. Has made a false statement or knowingly concealed a | ||||||
19 | material fact
or has used false information or | ||||||
20 | identification in any application for a
license, | ||||||
21 | identification card, or permit;
| ||||||
22 | 10. Has possessed, displayed, or attempted to | ||||||
23 | fraudulently use any
license, identification card, or | ||||||
24 | permit not issued to the person;
| ||||||
25 | 11. Has operated a motor vehicle upon a highway of this | ||||||
26 | State when
the person's driving privilege or privilege to |
| |||||||
| |||||||
1 | obtain a driver's license
or permit was revoked or | ||||||
2 | suspended unless the operation was authorized by
a | ||||||
3 | monitoring device driving permit, judicial driving permit | ||||||
4 | issued prior to January 1, 2009, probationary license to | ||||||
5 | drive, or a restricted
driving permit issued under this | ||||||
6 | Code;
| ||||||
7 | 12. Has submitted to any portion of the application | ||||||
8 | process for
another person or has obtained the services of | ||||||
9 | another person to submit to
any portion of the application | ||||||
10 | process for the purpose of obtaining a
license, | ||||||
11 | identification card, or permit for some other person;
| ||||||
12 | 13. Has operated a motor vehicle upon a highway of this | ||||||
13 | State when
the person's driver's license or permit was | ||||||
14 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
15 | 14. Has committed a violation of Section 6-301, | ||||||
16 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
17 | of the Illinois Identification Card
Act;
| ||||||
18 | 15. Has been convicted of violating Section 21-2 of the | ||||||
19 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
20 | vehicles in which case, the suspension
shall be for one | ||||||
21 | year;
| ||||||
22 | 16. Has been convicted of violating Section 11-204 of | ||||||
23 | this Code relating
to fleeing from a peace officer;
| ||||||
24 | 17. Has refused to submit to a test, or tests, as | ||||||
25 | required under Section
11-501.1 of this Code and the person | ||||||
26 | has not sought a hearing as
provided for in Section |
| |||||||
| |||||||
1 | 11-501.1;
| ||||||
2 | 18. Has, since issuance of a driver's license or | ||||||
3 | permit, been adjudged
to be afflicted with or suffering | ||||||
4 | from any mental disability or disease;
| ||||||
5 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
6 | of Section 6-101
relating to driving without a driver's | ||||||
7 | license;
| ||||||
8 | 20. Has been convicted of violating Section 6-104 | ||||||
9 | relating to
classification of driver's license;
| ||||||
10 | 21. Has been convicted of violating Section 11-402 of
| ||||||
11 | this Code relating to leaving the scene of an accident | ||||||
12 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
13 | which case the suspension shall be
for one year;
| ||||||
14 | 22. Has used a motor vehicle in violating paragraph | ||||||
15 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
16 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
17 | weapons, in which case the suspension shall be for one
| ||||||
18 | year;
| ||||||
19 | 23. Has, as a driver, been convicted of committing a | ||||||
20 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
21 | for a second or subsequent
time within one year of a | ||||||
22 | similar violation;
| ||||||
23 | 24. Has been convicted by a court-martial or punished | ||||||
24 | by non-judicial
punishment by military authorities of the | ||||||
25 | United States at a military
installation in Illinois of or | ||||||
26 | for a traffic related offense that is the
same as or |
| |||||||
| |||||||
1 | similar to an offense specified under Section 6-205 or | ||||||
2 | 6-206 of
this Code;
| ||||||
3 | 25. Has permitted any form of identification to be used | ||||||
4 | by another in
the application process in order to obtain or | ||||||
5 | attempt to obtain a license,
identification card, or | ||||||
6 | permit;
| ||||||
7 | 26. Has altered or attempted to alter a license or has | ||||||
8 | possessed an
altered license, identification card, or | ||||||
9 | permit;
| ||||||
10 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
11 | of 1934;
| ||||||
12 | 28. Has been convicted of the illegal possession, while | ||||||
13 | operating or
in actual physical control, as a driver, of a | ||||||
14 | motor vehicle, of any
controlled substance prohibited | ||||||
15 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
16 | prohibited under the Cannabis Control
Act, or any | ||||||
17 | methamphetamine prohibited under the Methamphetamine | ||||||
18 | Control and Community Protection Act, in which case the | ||||||
19 | person's driving privileges shall be suspended for
one | ||||||
20 | year, and any driver who is convicted of a second or | ||||||
21 | subsequent
offense, within 5 years of a previous | ||||||
22 | conviction, for the illegal
possession, while operating or | ||||||
23 | in actual physical control, as a driver, of
a motor | ||||||
24 | vehicle, of any controlled substance prohibited under the | ||||||
25 | Illinois Controlled Substances Act, any cannabis
| ||||||
26 | prohibited under the Cannabis Control Act, or any |
| |||||||
| |||||||
1 | methamphetamine prohibited under the Methamphetamine | ||||||
2 | Control and Community Protection Act shall be suspended for | ||||||
3 | 5 years.
Any defendant found guilty of this offense while | ||||||
4 | operating a motor vehicle,
shall have an entry made in the | ||||||
5 | court record by the presiding judge that
this offense did | ||||||
6 | occur while the defendant was operating a motor vehicle
and | ||||||
7 | order the clerk of the court to report the violation to the | ||||||
8 | Secretary
of State;
| ||||||
9 | 29. Has been convicted of the following offenses that | ||||||
10 | were committed
while the person was operating or in actual | ||||||
11 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
12 | sexual assault,
predatory criminal sexual assault of a | ||||||
13 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
14 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
15 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
16 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
17 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, | ||||||
18 | and the manufacture, sale or
delivery of controlled | ||||||
19 | substances or instruments used for illegal drug use
or | ||||||
20 | abuse in which case the driver's driving privileges shall | ||||||
21 | be suspended
for one year;
| ||||||
22 | 30. Has been convicted a second or subsequent time for | ||||||
23 | any
combination of the offenses named in paragraph 29 of | ||||||
24 | this subsection,
in which case the person's driving | ||||||
25 | privileges shall be suspended for 5
years;
| ||||||
26 | 31. Has refused to submit to a test as
required by |
| |||||||
| |||||||
1 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
2 | alcohol concentration of 0.08 or more or any amount of a | ||||||
3 | drug, substance, or
compound resulting from the unlawful | ||||||
4 | use or consumption of cannabis as listed
in the Cannabis | ||||||
5 | Control Act, a controlled substance as listed in the | ||||||
6 | Illinois
Controlled Substances Act, an intoxicating | ||||||
7 | compound as listed in the Use of
Intoxicating Compounds | ||||||
8 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
9 | Control and Community Protection Act, in which case the | ||||||
10 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
11 | 32. Has been convicted of Section 24-1.2 of the | ||||||
12 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
13 | of a firearm if the offender was
located in a motor vehicle | ||||||
14 | at the time the firearm was discharged, in which
case the | ||||||
15 | suspension shall be for 3 years;
| ||||||
16 | 33. Has as a driver, who was less than 21 years of age | ||||||
17 | on the date of
the offense, been convicted a first time of | ||||||
18 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
19 | or a similar provision of a local ordinance;
| ||||||
20 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
21 | this Code;
| ||||||
22 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
23 | this Code;
| ||||||
24 | 36. Is under the age of 21 years at the time of arrest | ||||||
25 | and has been
convicted of not less than 2 offenses against | ||||||
26 | traffic regulations governing
the movement of vehicles |
| |||||||
| |||||||
1 | committed within any 24 month period. No revocation
or | ||||||
2 | suspension shall be entered more than 6 months after the | ||||||
3 | date of last
conviction;
| ||||||
4 | 37. Has committed a violation of subsection (c) of | ||||||
5 | Section 11-907 of this
Code that resulted in damage to the | ||||||
6 | property of another or the death or injury of another;
| ||||||
7 | 38. Has been convicted of a violation of Section 6-20 | ||||||
8 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
9 | a local ordinance;
| ||||||
10 | 39. Has committed a second or subsequent violation of | ||||||
11 | Section
11-1201 of this Code;
| ||||||
12 | 40. Has committed a violation of subsection (a-1) of | ||||||
13 | Section 11-908 of
this Code; | ||||||
14 | 41. Has committed a second or subsequent violation of | ||||||
15 | Section 11-605.1 of this Code, a similar provision of a | ||||||
16 | local ordinance, or a similar violation in any other state | ||||||
17 | within 2 years of the date of the previous violation, in | ||||||
18 | which case the suspension shall be for 90 days; | ||||||
19 | 42. (Blank) Has committed a violation of subsection | ||||||
20 | (a-1) of Section 11-1301.3 of this Code ;
| ||||||
21 | 43. Has received a disposition of court supervision for | ||||||
22 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
23 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
24 | a local ordinance, in which case the suspension shall be | ||||||
25 | for a period of 3 months;
| ||||||
26 | 44.
Is under the age of 21 years at the time of arrest |
| |||||||
| |||||||
1 | and has been convicted of an offense against traffic | ||||||
2 | regulations governing the movement of vehicles after | ||||||
3 | having previously had his or her driving privileges
| ||||||
4 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
5 | Section; or | ||||||
6 | 45.
Has, in connection with or during the course of a | ||||||
7 | formal hearing conducted under Section 2-118 of this Code: | ||||||
8 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
9 | falsified documents; (iii) submitted documents that have | ||||||
10 | been materially altered; or (iv) submitted, as his or her | ||||||
11 | own, documents that were in fact prepared or composed for | ||||||
12 | another person.
| ||||||
13 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
14 | and 27 of this
subsection, license means any driver's license, | ||||||
15 | any traffic ticket issued when
the person's driver's license is | ||||||
16 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
17 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
18 | a probationary driver's license or a temporary driver's | ||||||
19 | license.
| ||||||
20 | (b) If any conviction forming the basis of a suspension or
| ||||||
21 | revocation authorized under this Section is appealed, the
| ||||||
22 | Secretary of State may rescind or withhold the entry of the | ||||||
23 | order of suspension
or revocation, as the case may be, provided | ||||||
24 | that a certified copy of a stay
order of a court is filed with | ||||||
25 | the Secretary of State. If the conviction is
affirmed on | ||||||
26 | appeal, the date of the conviction shall relate back to the |
| |||||||
| |||||||
1 | time
the original judgment of conviction was entered and the 6 | ||||||
2 | month limitation
prescribed shall not apply.
| ||||||
3 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
4 | permit of
any person as authorized in this Section, the | ||||||
5 | Secretary of State shall
immediately notify the person in | ||||||
6 | writing of the revocation or suspension.
The notice to be | ||||||
7 | deposited in the United States mail, postage prepaid,
to the | ||||||
8 | last known address of the person.
| ||||||
9 | 2. If the Secretary of State suspends the driver's | ||||||
10 | license
of a person under subsection 2 of paragraph (a) of | ||||||
11 | this Section, a
person's privilege to operate a vehicle as | ||||||
12 | an occupation shall not be
suspended, provided an affidavit | ||||||
13 | is properly completed, the appropriate fee
received, and a | ||||||
14 | permit issued prior to the effective date of the
| ||||||
15 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
16 | which occurred
while operating a commercial vehicle in | ||||||
17 | connection with the driver's
regular occupation. All other | ||||||
18 | driving privileges shall be suspended by the
Secretary of | ||||||
19 | State. Any driver prior to operating a vehicle for
| ||||||
20 | occupational purposes only must submit the affidavit on | ||||||
21 | forms to be
provided by the Secretary of State setting | ||||||
22 | forth the facts of the person's
occupation. The affidavit | ||||||
23 | shall also state the number of offenses
committed while | ||||||
24 | operating a vehicle in connection with the driver's regular
| ||||||
25 | occupation. The affidavit shall be accompanied by the | ||||||
26 | driver's license.
Upon receipt of a properly completed |
| |||||||
| |||||||
1 | affidavit, the Secretary of State
shall issue the driver a | ||||||
2 | permit to operate a vehicle in connection with the
driver's | ||||||
3 | regular occupation only. Unless the permit is issued by the
| ||||||
4 | Secretary of State prior to the date of suspension, the | ||||||
5 | privilege to drive
any motor vehicle shall be suspended as | ||||||
6 | set forth in the notice that was
mailed under this Section. | ||||||
7 | If an affidavit is received subsequent to the
effective | ||||||
8 | date of this suspension, a permit may be issued for the | ||||||
9 | remainder
of the suspension period.
| ||||||
10 | The provisions of this subparagraph shall not apply to | ||||||
11 | any driver
required to possess a CDL for the purpose of | ||||||
12 | operating a commercial motor vehicle.
| ||||||
13 | Any person who falsely states any fact in the affidavit | ||||||
14 | required
herein shall be guilty of perjury under Section | ||||||
15 | 6-302 and upon conviction
thereof shall have all driving | ||||||
16 | privileges revoked without further rights.
| ||||||
17 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
18 | of this Code,
the Secretary of State shall either rescind | ||||||
19 | or continue an order of
revocation or shall substitute an | ||||||
20 | order of suspension; or, good
cause appearing therefor, | ||||||
21 | rescind, continue, change, or extend the
order of | ||||||
22 | suspension. If the Secretary of State does not rescind the | ||||||
23 | order,
the Secretary may upon application,
to relieve undue | ||||||
24 | hardship (as defined by the rules of the Secretary of | ||||||
25 | State), issue
a restricted driving permit granting the | ||||||
26 | privilege of driving a motor
vehicle between the |
| |||||||
| |||||||
1 | petitioner's residence and petitioner's place of
| ||||||
2 | employment or within the scope of the petitioner's | ||||||
3 | employment related duties, or to
allow the petitioner to | ||||||
4 | transport himself or herself, or a family member of the
| ||||||
5 | petitioner's household to a medical facility, to receive | ||||||
6 | necessary medical care, to allow the petitioner to | ||||||
7 | transport himself or herself to and from alcohol or drug
| ||||||
8 | remedial or rehabilitative activity recommended by a | ||||||
9 | licensed service provider, or to allow the petitioner to | ||||||
10 | transport himself or herself or a family member of the | ||||||
11 | petitioner's household to classes, as a student, at an | ||||||
12 | accredited educational institution, or to allow the | ||||||
13 | petitioner to transport children, elderly persons, or | ||||||
14 | disabled persons who do not hold driving privileges and are | ||||||
15 | living in the petitioner's household to and from daycare. | ||||||
16 | The
petitioner must demonstrate that no alternative means | ||||||
17 | of
transportation is reasonably available and that the | ||||||
18 | petitioner will not endanger
the public safety or welfare. | ||||||
19 | Those multiple offenders identified in subdivision (b)4 of | ||||||
20 | Section 6-208 of this Code, however, shall not be eligible | ||||||
21 | for the issuance of a restricted driving permit.
| ||||||
22 |
(A) If a person's license or permit is revoked or | ||||||
23 | suspended due to 2
or more convictions of violating | ||||||
24 | Section 11-501 of this Code or a similar
provision of a | ||||||
25 | local ordinance or a similar out-of-state offense, or | ||||||
26 | Section 9-3 of the Criminal Code of 1961, where the use |
| |||||||
| |||||||
1 | of alcohol or other drugs is recited as an element of | ||||||
2 | the offense, or a similar out-of-state offense, or a | ||||||
3 | combination of these offenses, arising out
of separate | ||||||
4 | occurrences, that person, if issued a restricted | ||||||
5 | driving permit,
may not operate a vehicle unless it has | ||||||
6 | been equipped with an ignition
interlock device as | ||||||
7 | defined in Section 1-129.1.
| ||||||
8 | (B) If a person's license or permit is revoked or | ||||||
9 | suspended 2 or more
times within a 10 year period due | ||||||
10 | to any combination of: | ||||||
11 | (i) a single conviction of violating Section
| ||||||
12 | 11-501 of this Code or a similar provision of a | ||||||
13 | local ordinance or a similar
out-of-state offense | ||||||
14 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
15 | the use of alcohol or other drugs is recited as an | ||||||
16 | element of the offense, or a similar out-of-state | ||||||
17 | offense; or | ||||||
18 | (ii) a statutory summary suspension or | ||||||
19 | revocation under Section
11-501.1; or | ||||||
20 | (iii) a suspension under Section 6-203.1; | ||||||
21 | arising out of
separate occurrences; that person, if | ||||||
22 | issued a restricted driving permit, may
not operate a | ||||||
23 | vehicle unless it has been
equipped with an ignition | ||||||
24 | interlock device as defined in Section 1-129.1. | ||||||
25 | (C)
The person issued a permit conditioned upon the | ||||||
26 | use of an ignition interlock device must pay to the |
| |||||||
| |||||||
1 | Secretary of State DUI Administration Fund an amount
| ||||||
2 | not to exceed $30 per month. The Secretary shall | ||||||
3 | establish by rule the amount
and the procedures, terms, | ||||||
4 | and conditions relating to these fees. | ||||||
5 | (D) If the
restricted driving permit is issued for | ||||||
6 | employment purposes, then the prohibition against | ||||||
7 | operating a motor vehicle that is not equipped with an | ||||||
8 | ignition interlock device does not apply to the | ||||||
9 | operation of an occupational vehicle owned or
leased by | ||||||
10 | that person's employer when used solely for employment | ||||||
11 | purposes. | ||||||
12 | (E) In each case the Secretary may issue a
| ||||||
13 | restricted driving permit for a period deemed | ||||||
14 | appropriate, except that all
permits shall expire | ||||||
15 | within one year from the date of issuance. The | ||||||
16 | Secretary
may not, however, issue a restricted driving | ||||||
17 | permit to any person whose current
revocation is the | ||||||
18 | result of a second or subsequent conviction for a | ||||||
19 | violation
of Section 11-501 of this Code or a similar | ||||||
20 | provision of a local ordinance
or any similar | ||||||
21 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
22 | Code of 1961, where the use of alcohol or other drugs | ||||||
23 | is recited as an element of the offense, or any similar | ||||||
24 | out-of-state offense, or any combination
of those | ||||||
25 | offenses, until the expiration of at least one year | ||||||
26 | from the date of
the revocation. A
restricted driving |
| |||||||
| |||||||
1 | permit issued under this Section shall be subject to
| ||||||
2 | cancellation, revocation, and suspension by the | ||||||
3 | Secretary of State in like
manner and for like cause as | ||||||
4 | a driver's license issued under this Code may be
| ||||||
5 | cancelled, revoked, or suspended; except that a | ||||||
6 | conviction upon one or more
offenses against laws or | ||||||
7 | ordinances regulating the movement of traffic
shall be | ||||||
8 | deemed sufficient cause for the revocation, | ||||||
9 | suspension, or
cancellation of a restricted driving | ||||||
10 | permit. The Secretary of State may, as
a condition to | ||||||
11 | the issuance of a restricted driving permit, require | ||||||
12 | the
applicant to participate in a designated driver | ||||||
13 | remedial or rehabilitative
program. The Secretary of | ||||||
14 | State is authorized to cancel a restricted
driving | ||||||
15 | permit if the permit holder does not successfully | ||||||
16 | complete the program.
| ||||||
17 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
18 | subsection (a), reports received by the Secretary of State | ||||||
19 | under this Section shall, except during the actual time the | ||||||
20 | suspension is in effect, be privileged information and for use | ||||||
21 | only by the courts, police officers, prosecuting authorities, | ||||||
22 | the driver licensing administrator of any other state, the | ||||||
23 | Secretary of State, or the parent or legal guardian of a driver | ||||||
24 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
25 | person is a CDL holder, the suspension shall also be made | ||||||
26 | available to the driver licensing administrator of any other |
| |||||||
| |||||||
1 | state, the U.S. Department of Transportation, and the affected | ||||||
2 | driver or motor
carrier or prospective motor carrier upon | ||||||
3 | request.
| ||||||
4 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
5 | subsection (a), the Secretary of State shall notify the person | ||||||
6 | by mail that his or her driving privileges and driver's license | ||||||
7 | will be suspended one month after the date of the mailing of | ||||||
8 | the notice.
| ||||||
9 | (c-5) The Secretary of State may, as a condition of the | ||||||
10 | reissuance of a
driver's license or permit to an applicant | ||||||
11 | whose driver's license or permit has
been suspended before he | ||||||
12 | or she reached the age of 21 years pursuant to any of
the | ||||||
13 | provisions of this Section, require the applicant to | ||||||
14 | participate in a
driver remedial education course and be | ||||||
15 | retested under Section 6-109 of this
Code.
| ||||||
16 | (d) This Section is subject to the provisions of the | ||||||
17 | Drivers License
Compact.
| ||||||
18 | (e) The Secretary of State shall not issue a restricted | ||||||
19 | driving permit to
a person under the age of 16 years whose | ||||||
20 | driving privileges have been suspended
or revoked under any | ||||||
21 | provisions of this Code.
| ||||||
22 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
23 | State may not issue a restricted driving permit for the | ||||||
24 | operation of a commercial motor vehicle to a person holding a | ||||||
25 | CDL whose driving privileges have been suspended, revoked, | ||||||
26 | cancelled, or disqualified under any provisions of this Code. |
| |||||||
| |||||||
1 | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||||||
2 | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||||||
3 | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | ||||||
4 | eff. 8-12-11; revised 9-15-11.)
| ||||||
5 | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| ||||||
6 | Sec. 11-1301.3. Unauthorized use of parking places | ||||||
7 | reserved for persons with
disabilities. | ||||||
8 | (a) It shall be prohibited to park any motor vehicle which | ||||||
9 | is not properly
displaying
registration plates or decals issued | ||||||
10 | to a person with disabilities, as defined
by Section 1-159.1, | ||||||
11 | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | ||||||
12 | disabled veteran pursuant to Section 3-609 of this Act, as | ||||||
13 | evidence that the
vehicle is operated by or for a person with | ||||||
14 | disabilities or disabled veteran,
in any parking place, | ||||||
15 | including any private
or public offstreet parking facility, | ||||||
16 | specifically reserved, by the
posting of an official sign as | ||||||
17 | designated under Section 11-301, for
motor vehicles displaying | ||||||
18 | such registration plates.
It shall be prohibited to park any | ||||||
19 | motor vehicle in a designated access
aisle adjacent to any | ||||||
20 | parking place specifically reserved for persons with
| ||||||
21 | disabilities, by the posting of an official sign as designated | ||||||
22 | under Section
11-301, for motor vehicles displaying such | ||||||
23 | registration plates.
When using the parking privileges for | ||||||
24 | persons with disabilities, the parking
decal or device must be | ||||||
25 | displayed properly in the vehicle where it is clearly
visible |
| |||||||
| |||||||
1 | to law enforcement personnel, either hanging from the rearview | ||||||
2 | mirror
or placed on the dashboard of the vehicle in clear view.
| ||||||
3 | Disability license plates and parking decals and devices are | ||||||
4 | not transferable from person to person. Proper usage of the | ||||||
5 | disability license plate or parking decal or device requires | ||||||
6 | the authorized holder to be present and enter or exit the | ||||||
7 | vehicle at the time the parking privileges are being used. It | ||||||
8 | is a violation of this Section to park in a space reserved for | ||||||
9 | a person with disabilities if the authorized holder of the | ||||||
10 | disability license plate or parking decal or device does not | ||||||
11 | enter or exit the vehicle at the time the parking privileges | ||||||
12 | are being used. Any motor vehicle properly displaying a | ||||||
13 | disability license plate or a
parking decal or device | ||||||
14 | containing the International symbol of access
issued to persons | ||||||
15 | with disabilities by any local authority, state, district,
| ||||||
16 | territory or foreign country shall be recognized by State and | ||||||
17 | local
authorities as a valid license plate or device and | ||||||
18 | receive the same parking
privileges as residents of this State.
| ||||||
19 | (a-1) An individual with a vehicle displaying disability | ||||||
20 | license plates or a parking decal or device issued to a | ||||||
21 | qualified person with a disability under Sections 3-616, | ||||||
22 | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | ||||||
23 | 3-609 is in violation of this Section if (i) the person using | ||||||
24 | the disability license plate or parking decal or device is not | ||||||
25 | the authorized holder of the disability license plate or | ||||||
26 | parking decal or device or is not transporting the authorized |
| |||||||
| |||||||
1 | holder of the disability license plate or parking decal or | ||||||
2 | device to or from the parking location and (ii) the person uses | ||||||
3 | the disability license plate or parking decal or device to | ||||||
4 | exercise any privileges granted through the disability license | ||||||
5 | plate or parking decals or devices under this Code.
| ||||||
6 | (b) Any person or local authority owning or operating any | ||||||
7 | public or private
offstreet parking facility may, after | ||||||
8 | notifying the police or sheriff's
department, remove or cause | ||||||
9 | to be removed to the nearest garage or other
place of safety | ||||||
10 | any vehicle parked within a stall or space reserved for
use by | ||||||
11 | a person with disabilities which does not
display person with | ||||||
12 | disabilities registration
plates or a special decal or device | ||||||
13 | as required under this Section.
| ||||||
14 | (c) Any person found guilty of violating the provisions of | ||||||
15 | subsection (a) shall be fined $300 $250 in addition to any | ||||||
16 | costs or charges connected
with the removal or storage of any | ||||||
17 | motor vehicle authorized under this
Section; but | ||||||
18 | municipalities by ordinance may impose a fine up to $350
and | ||||||
19 | shall display signs indicating the fine imposed. If the amount | ||||||
20 | of
the fine is subsequently changed, the municipality shall | ||||||
21 | change the sign to
indicate the current amount of the fine.
It | ||||||
22 | shall not be a defense to a charge under this Section that | ||||||
23 | either the sign posted
pursuant to this
Section or the intended | ||||||
24 | accessible parking place does not comply with the technical | ||||||
25 | requirements of Section 11-301,
Department
regulations, or | ||||||
26 | local ordinance if a reasonable person would be made aware by
|
| |||||||
| |||||||
1 | the
sign or notice on or near the parking place that the place | ||||||
2 | is reserved for a
person
with
disabilities.
| ||||||
3 | (c-1) Any person found guilty of violating the provisions | ||||||
4 | of subsection (a-1) a first time shall be fined $600 $500 . Any | ||||||
5 | person found guilty of violating subsection (a-1) a second time | ||||||
6 | shall be fined $750. Any person found guilty of violating | ||||||
7 | subsection (a-1) a third or subsequent time shall be fined | ||||||
8 | $1,000. The circuit clerk shall distribute 50% of the fine | ||||||
9 | imposed on any person who is found guilty of or pleads guilty | ||||||
10 | to violating this Section, including any person placed on court | ||||||
11 | supervision for violating this Section, to the law enforcement | ||||||
12 | agency that issued the citation or made the arrest. If more | ||||||
13 | than one law enforcement agency is responsible for issuing the | ||||||
14 | citation or making the arrest, the 50% of the fine imposed | ||||||
15 | shall be shared equally.
If an officer of the Secretary of | ||||||
16 | State Department of Police arrested a person for a violation of | ||||||
17 | this Section, 50% of the fine imposed shall be deposited into | ||||||
18 | the Secretary of State Police Services Fund. | ||||||
19 | (d) Local authorities shall impose fines as established in | ||||||
20 | subsections
(c) and (c-1) for violations of this Section.
| ||||||
21 | (e) As used in this Section, "authorized holder" means an | ||||||
22 | individual
issued a disability
license plate under Section | ||||||
23 | 3-616 of this
Code, an individual issued a parking decal or | ||||||
24 | device
under Section 11-1301.2 of this Code, or an individual | ||||||
25 | issued a disabled veteran's license plate under Section 3-609 | ||||||
26 | of this Code. |
| |||||||
| |||||||
1 | (f) Any person who commits a violation of subsection (a-1) | ||||||
2 | shall may have his or her driving privileges suspended or | ||||||
3 | revoked by the Secretary of State for a period of time | ||||||
4 | determined by the Secretary of State. The Secretary of State | ||||||
5 | may also suspend or revoke the disability license plates or | ||||||
6 | parking decal or device for a period of time determined by the | ||||||
7 | Secretary of State.
| ||||||
8 | (g) Any police officer may seize the parking decal
or | ||||||
9 | device from any person who commits a violation of this Section. | ||||||
10 | Any police officer may seize the disability license plate upon | ||||||
11 | authorization from the Secretary of State. Any police officer | ||||||
12 | may request that the Secretary of State revoke the parking | ||||||
13 | decal or device or the disability license plate of any person | ||||||
14 | who commits a violation of this Section. | ||||||
15 | (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | ||||||
16 | eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, | ||||||
17 | eff. 7-2-10; 96-1000, eff. 7-2-10.)
| ||||||
18 | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| ||||||
19 | Sec. 18a-300. Commercial vehicle relocators - Unlawful | ||||||
20 | practices. It
shall be unlawful for any commercial vehicle | ||||||
21 | relocator:
| ||||||
22 | (1) To operate in any county in which this Chapter is | ||||||
23 | applicable
without a valid, current relocator's license as | ||||||
24 | provided in Article IV
of this Chapter;
| ||||||
25 | (2) To employ as an operator, or otherwise so use the |
| |||||||
| |||||||
1 | services of,
any person who does not have at the | ||||||
2 | commencement of employment or
service, or at any time | ||||||
3 | during the course of employment or service, a
valid, | ||||||
4 | current operator's employment permit, or temporary | ||||||
5 | operator's
employment permit issued in accordance with | ||||||
6 | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | ||||||
7 | notify the Commission, in writing, of any
known criminal | ||||||
8 | conviction of any employee occurring at any time before
or | ||||||
9 | during the course of employment or service;
| ||||||
10 | (3) To employ as a dispatcher, or otherwise so use the | ||||||
11 | services of, any
person who does not have at the | ||||||
12 | commencement of employment or service, or
at any time | ||||||
13 | during the course of employment or service, a valid, | ||||||
14 | current
dispatcher's or operator's employment permit or | ||||||
15 | temporary dispatcher's or
operator's employment permit | ||||||
16 | issued in accordance with Sections 18a-403 or
18a-407 of | ||||||
17 | this Chapter; or to fail to notify the Commission, in | ||||||
18 | writing,
of any known criminal conviction of any employee | ||||||
19 | occurring at any time
before or during the course of | ||||||
20 | employment or service;
| ||||||
21 | (4) To operate upon the highways of this State any | ||||||
22 | vehicle used in
connection with any commercial vehicle | ||||||
23 | relocation service unless:
| ||||||
24 |
(A) There is painted or firmly affixed to the | ||||||
25 | vehicle on both sides of the
vehicle in a color or | ||||||
26 | colors vividly contrasting to the color of the vehicle
|
| |||||||
| |||||||
1 | the name, address and telephone number of the | ||||||
2 | relocator.
The Commission shall prescribe reasonable | ||||||
3 | rules and regulations
pertaining to insignia to be | ||||||
4 | painted or firmly affixed to vehicles and
shall waive | ||||||
5 | the requirements of the address on any vehicle in cases
| ||||||
6 | where the operator of a vehicle has painted or | ||||||
7 | otherwise firmly affixed
to the vehicle a seal or trade | ||||||
8 | mark that clearly identifies the
operator of the | ||||||
9 | vehicle; and
| ||||||
10 |
(B) There is carried in the power unit of the | ||||||
11 | vehicle a certified
copy of the currently effective | ||||||
12 | relocator's license and operator's
employment permit. | ||||||
13 | Copies may be photographed, photocopied, or reproduced
| ||||||
14 | or printed by any other legible and durable process. | ||||||
15 | Any person guilty of
not causing to be displayed a copy | ||||||
16 | of his relocator's license and
operator's employment | ||||||
17 | permit may in any hearing concerning the violation
be | ||||||
18 | excused from the payment of the penalty hereinafter | ||||||
19 | provided upon a
showing that the license was issued by | ||||||
20 | the Commission, but was
subsequently lost or | ||||||
21 | destroyed;
| ||||||
22 | (5) To operate upon the highways of this State any | ||||||
23 | vehicle used in
connection with any commercial vehicle | ||||||
24 | relocation service that bears the
name or address and | ||||||
25 | telephone number of any person or entity other than
the | ||||||
26 | relocator by which it is owned or to which it is leased;
|
| |||||||
| |||||||
1 | (6) To advertise in any newspaper, book, list, | ||||||
2 | classified directory
or other publication unless there is | ||||||
3 | contained in the advertisement the
license number of the | ||||||
4 | relocator;
| ||||||
5 | (7) To remove any vehicle from private property without | ||||||
6 | having first
obtained the written authorization of the | ||||||
7 | property owner or other person
in lawful possession or | ||||||
8 | control of the property, his authorized agent,
or an | ||||||
9 | authorized law enforcement officer. The authorization may | ||||||
10 | be on
a contractual basis covering a period of time or | ||||||
11 | limited to a specific
removal;
| ||||||
12 | (8) To charge the private property owner, who requested | ||||||
13 | that an
unauthorized vehicle be removed from his property, | ||||||
14 | with the costs of
removing the vehicle contrary to any | ||||||
15 | terms that may be a part of the
contract between the | ||||||
16 | property owner and the commercial relocator.
Nothing in | ||||||
17 | this paragraph shall prevent a relocator from assessing,
| ||||||
18 | collecting, or receiving from the property owner, lessee, | ||||||
19 | or their agents
any fee prescribed by the Commission;
| ||||||
20 | (9) To remove a vehicle when the owner or operator of | ||||||
21 | the vehicle
is present or arrives at the vehicle location | ||||||
22 | at any time prior to the
completion of removal, and is | ||||||
23 | willing and able to remove the vehicle
immediately;
| ||||||
24 | (10) To remove any vehicle from property on which signs | ||||||
25 | are required
and on which there are not posted appropriate | ||||||
26 | signs under Section
18a-302;
|
| |||||||
| |||||||
1 | (11) To fail to notify law enforcement authorities in | ||||||
2 | the
jurisdiction in which the trespassing vehicle was | ||||||
3 | removed within one
hour of the removal. Notification shall | ||||||
4 | include a complete description
of the vehicle, | ||||||
5 | registration numbers if possible, the locations from
which | ||||||
6 | and to which the vehicle was removed, the time of removal, | ||||||
7 | and any
other information required by regulation, statute | ||||||
8 | or ordinance;
| ||||||
9 | (12) To impose any charge other than in accordance with | ||||||
10 | the rates set by the
Commission as provided in paragraph | ||||||
11 | (6) of Section 18a-200 of this Chapter;
| ||||||
12 | (13) To fail, in the office or location at which | ||||||
13 | relocated vehicles
are routinely returned to their owners, | ||||||
14 | to prominently post the name,
address and telephone number | ||||||
15 | of the nearest office of the Commission to
which inquiries | ||||||
16 | or complaints may be sent;
| ||||||
17 | (13.1) To fail to distribute to each owner or operator | ||||||
18 | of a relocated
vehicle, in written form as prescribed by | ||||||
19 | Commission rule or regulation, the
relevant statutes, | ||||||
20 | regulations and ordinances governing commercial vehicle
| ||||||
21 | relocators, including, in at least 12 point boldface type, | ||||||
22 | the name, address
and telephone number of the nearest | ||||||
23 | office of the Commission to which inquiries
or complaints | ||||||
24 | may be sent;
| ||||||
25 | (13.2) To fail, in the office or location at which | ||||||
26 | relocated vehicles
are routinely returned to their owners, |
| |||||||
| |||||||
1 | to ensure that the relocator's representative provides | ||||||
2 | suitable evidence of his or her identity to the owners of | ||||||
3 | relocated vehicles upon request;
| ||||||
4 | (14) To remove any vehicle, otherwise in accordance | ||||||
5 | with this Chapter,
more than 15 air miles from its location | ||||||
6 | when towed from a location in an
unincorporated area of a | ||||||
7 | county or more than 10 air miles from its location
when | ||||||
8 | towed from any other location;
| ||||||
9 | (15) To fail to make a telephone number available to | ||||||
10 | the police department
of any municipality in which a | ||||||
11 | relocator operates at which the relocator
or an employee of | ||||||
12 | the relocator may be contacted at any time during the
hours | ||||||
13 | in which the relocator is engaged in the towing of | ||||||
14 | vehicles, or
advertised as engaged in the towing of | ||||||
15 | vehicles, for the purpose of
effectuating the release of a | ||||||
16 | towed vehicle; or to fail to include the
telephone number | ||||||
17 | in any advertisement of the relocator's services published
| ||||||
18 | or otherwise appearing on or after the effective date of | ||||||
19 | this amendatory
Act; or to fail to have an employee | ||||||
20 | available at any time on the
premises owned or controlled | ||||||
21 | by the relocator for the purposes of arranging
for the | ||||||
22 | immediate release of the vehicle.
| ||||||
23 | Apart from any other penalty or liability authorized | ||||||
24 | under this Act, if
after a reasonable effort, the owner of | ||||||
25 | the vehicle is unable to make telephone
contact with the | ||||||
26 | relocator for a period of one hour from his initial attempt
|
| |||||||
| |||||||
1 | during any time period in which the relocator is required | ||||||
2 | to respond at
the number, all fees for towing, storage, or | ||||||
3 | otherwise are to be waived. Proof
of 3 attempted phone | ||||||
4 | calls to the number provided to the police department
by an | ||||||
5 | officer or employee of the department on behalf of the | ||||||
6 | vehicle owner
within the space of one hour, at least 2 of | ||||||
7 | which are separated by 45 minutes,
shall be deemed | ||||||
8 | sufficient proof of the owner's reasonable effort to make
| ||||||
9 | contact with the vehicle relocator. Failure of the | ||||||
10 | relocator to respond to
the phone calls is not a criminal | ||||||
11 | violation of this Chapter;
| ||||||
12 | (16) To use equipment which the relocator does not own, | ||||||
13 | except in
compliance with Section 18a-306 of this Chapter | ||||||
14 | and Commission regulations.
No equipment can be leased to | ||||||
15 | more than one relocator at any time.
Equipment leases shall | ||||||
16 | be filed with the Commission. If equipment is leased
to one | ||||||
17 | relocator, it cannot thereafter be leased to another | ||||||
18 | relocator until
a written cancellation of lease is properly | ||||||
19 | filed with the Commission;
| ||||||
20 | (17) To use drivers or other personnel who are not | ||||||
21 | employees or
contractors of the relocator;
| ||||||
22 | (18) To fail to refund any amount charged in excess of | ||||||
23 | the reasonable
rate established by the Commission;
| ||||||
24 | (19) To violate any other provision of this Chapter, or | ||||||
25 | of Commission
regulations or orders adopted under this | ||||||
26 | Chapter ; and .
|
| |||||||
| |||||||
1 | (20) Except for the purpose of relocating the vehicle | ||||||
2 | in an emergency, to remove a vehicle for nonpayment of | ||||||
3 | outstanding debts without first waiting for a period of one | ||||||
4 | hour, if the vehicle is parked in a parking place reserved | ||||||
5 | for persons with disabilities and is displaying disability | ||||||
6 | registration plates or a parking decal or device issued | ||||||
7 | under Section 3-616 of this Code. | ||||||
8 | (Source: P.A. 94-650, eff. 1-1-06.)
|