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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 | Sections 1-111.6, 1-115.3, 1-204.4, 2-119, 6-101, 6-118, | ||||||
6 | 6-201, 6-204, 6-207, 6-500, 6-502, 6-503, 6-506, 6-507, 6-508, | ||||||
7 | 6-508.1, 6-509, 6-510, 6-511, 6-512, 6-513, 6-514, 6-518, | ||||||
8 | 6-523, and 6-704 and by adding Sections 1-110.1a, 1-111.7a, | ||||||
9 | 1-148.5a, 6-507.5, and 6-512.5 as follows: | ||||||
10 | (625 ILCS 5/1-110.1a new) | ||||||
11 | Sec. 1-110.1a. CDL Driver. A person holding a CDL or a | ||||||
12 | person required to hold a CDL.
| ||||||
13 | (625 ILCS 5/1-111.6)
| ||||||
14 | Sec. 1-111.6. Commercial driver's license (CDL). A license
| ||||||
15 | issued to an individual by a state or other jurisdiction of | ||||||
16 | domicile , in accordance with the standards contained in 49 | ||||||
17 | C.F.R. Part 383,
to an individual which authorizes the | ||||||
18 | individual to operate a
class of a commercial motor vehicle.
| ||||||
19 | (Source: P.A. 95-382, eff. 8-23-07.)
| ||||||
20 | (625 ILCS 5/1-111.7a new) | ||||||
21 | Sec. 1-111.7a. Commercial Learner's Permit (CLP). A permit |
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1 | issued to an individual by a state or other jurisdiction of | ||||||
2 | domicile, in accordance with the standards contained in 49 | ||||||
3 | C.F.R. Part 383, which, when carried with a valid driver's | ||||||
4 | license issued by the same state or jurisdiction of domicile, | ||||||
5 | authorizes the individual to operate a class of commercial | ||||||
6 | motor vehicle when accompanied by a holder of a valid CDL for | ||||||
7 | purposes of behind-the-wheel training. When issued to a CDL | ||||||
8 | holder, a CLP serves as authorization for accompanied | ||||||
9 | behind-the-wheel training in a commercial motor vehicle for | ||||||
10 | which the holder's current CDL is not valid.
| ||||||
11 | (625 ILCS 5/1-115.3)
| ||||||
12 | Sec. 1-115.3. Disqualification. Disqualification means any | ||||||
13 | of the following 3 actions: | ||||||
14 | (a) The suspension, revocation, or cancellation of a CLP or | ||||||
15 | CDL by the State or jurisdiction of issuance. | ||||||
16 | (b) Any withdrawal of a person's privileges to drive a | ||||||
17 | commercial motor vehicle by a State or other jurisdiction as a | ||||||
18 | result of a violation of State or local law relating to motor | ||||||
19 | vehicle traffic control (other than parking, vehicle weight or | ||||||
20 | vehicle defect violations). | ||||||
21 | (c) A determination by the Federal Motor Carrier Safety | ||||||
22 | Administration that a person is not qualified to operate a | ||||||
23 | commercial motor vehicle under 49 C.F.R. Part 391.
| ||||||
24 | (Source: P.A. 94-307, eff. 9-30-05.)
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| |||||||
1 | (625 ILCS 5/1-148.5a new) | ||||||
2 | Sec. 1-148.5a. Non-CDL. Any other type of motor vehicle | ||||||
3 | license, such as an automobile driver's license or a motorcycle | ||||||
4 | license.
| ||||||
5 | (625 ILCS 5/1-204.4)
| ||||||
6 | Sec. 1-204.4. Tank vehicle. Any commercial motor vehicle | ||||||
7 | that is designed
to transport any liquid or gaseous material | ||||||
8 | within a tank or tanks having an individual rated capacity of | ||||||
9 | more than 119 gallons and an aggregate rated capacity of 1,000 | ||||||
10 | gallons or more that is either
permanently or temporarily | ||||||
11 | attached to the vehicle or the chassis. A commercial motor | ||||||
12 | vehicle transporting an empty storage container tank, not | ||||||
13 | designed for transportation, with a rated capacity of 1,000 | ||||||
14 | gallons or more that is temporarily attached to a flatbed | ||||||
15 | trailer is not considered a tank vehicle. Those
vehicles | ||||||
16 | include, but are not limited to, cargo tanks and portable | ||||||
17 | tanks, as
defined in 49 C.F.R. Part 171. However, for the | ||||||
18 | purposes of Article V of
Chapter 6 of this Code, this | ||||||
19 | definition does not include portable tanks having
a rated | ||||||
20 | capacity of less than 1,000 gallons.
| ||||||
21 | (Source: P.A. 90-89, eff. 1-1-98.)
| ||||||
22 | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
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23 | Sec. 2-119. Disposition of fees and taxes.
| ||||||
24 | (a) All moneys received from Salvage Certificates shall be |
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1 | deposited in
the Common School Fund in the State Treasury.
| ||||||
2 | (b) Beginning January 1, 1990 and concluding December 31, | ||||||
3 | 1994, of the
money collected for each certificate of title, | ||||||
4 | duplicate certificate of
title and corrected certificate of | ||||||
5 | title, $0.50 shall be deposited into the
Used Tire Management | ||||||
6 | Fund. Beginning January 1, 1990 and concluding
December 31, | ||||||
7 | 1994, of the money collected for each certificate of title,
| ||||||
8 | duplicate certificate of title and corrected certificate of | ||||||
9 | title, $1.50
shall be deposited in the Park and Conservation | ||||||
10 | Fund.
| ||||||
11 | Beginning January 1, 1995, of the money collected for each | ||||||
12 | certificate of
title, duplicate certificate of title and | ||||||
13 | corrected certificate of title, $3.25
shall be deposited in the | ||||||
14 | Park and Conservation Fund. The moneys deposited in
the Park | ||||||
15 | and Conservation Fund pursuant to this Section shall be used | ||||||
16 | for the
acquisition and development of bike paths as provided | ||||||
17 | for in Section 805-420 of
the Department of Natural Resources | ||||||
18 | (Conservation) Law (20 ILCS 805/805-420). The monies deposited | ||||||
19 | into the Park and Conservation Fund under this subsection shall | ||||||
20 | not be subject to administrative charges or chargebacks unless | ||||||
21 | otherwise authorized by this Act.
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22 | Beginning January 1, 2000, of
the
moneys collected for each | ||||||
23 | certificate of title, duplicate certificate of title,
and | ||||||
24 | corrected certificate of title, $48 shall be deposited into the | ||||||
25 | Road Fund
and $4 shall be deposited into the Motor Vehicle | ||||||
26 | License Plate Fund, except
that if the balance in the Motor |
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| |||||||
1 | Vehicle License Plate Fund exceeds $40,000,000
on the last day | ||||||
2 | of a calendar month, then during the next calendar month the $4
| ||||||
3 | shall instead be deposited into the Road Fund.
| ||||||
4 | Beginning January 1, 2005, of the moneys collected for each | ||||||
5 | delinquent vehicle registration renewal fee, $20 shall be | ||||||
6 | deposited into the General Revenue Fund. | ||||||
7 | Except as otherwise provided in this Code, all remaining | ||||||
8 | moneys collected
for certificates of title, and all moneys | ||||||
9 | collected for filing of security
interests, shall be placed in | ||||||
10 | the General Revenue Fund in the State Treasury.
| ||||||
11 | (c) All moneys collected for that portion of a driver's | ||||||
12 | license fee
designated for driver education under Section 6-118 | ||||||
13 | shall be placed in
the Driver Education Fund in the State | ||||||
14 | Treasury.
| ||||||
15 | (d) Beginning January 1, 1999, of the monies collected as a | ||||||
16 | registration
fee for each motorcycle, motor driven cycle and | ||||||
17 | moped, 27%
of each annual registration fee for such vehicle and | ||||||
18 | 27% of each semiannual
registration fee for such vehicle is | ||||||
19 | deposited in the Cycle Rider Safety
Training Fund.
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20 | (e) Of the monies received by the Secretary of State as | ||||||
21 | registration
fees or taxes or as payment of any other fee, as | ||||||
22 | provided in this Act, except
fees received by the Secretary | ||||||
23 | under paragraph (7) of subsection (b) of Section
5-101 and | ||||||
24 | Section 5-109 of this Code, 37% shall be deposited into the | ||||||
25 | State
Construction Fund.
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26 | (f) Of the total money collected for a commercial learner's |
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1 | permit (CLP) CDL instruction permit or
original or renewal | ||||||
2 | issuance of a commercial driver's license (CDL)
pursuant to the | ||||||
3 | Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the
| ||||||
4 | total fee for an original or renewal CDL, and $6 of the total | ||||||
5 | CLP CDL
instruction permit fee when such permit is issued to | ||||||
6 | any person holding a
valid Illinois driver's license, shall be | ||||||
7 | paid into the CDLIS/AAMVAnet
Trust Fund (Commercial Driver's | ||||||
8 | License Information System/American
Association of Motor | ||||||
9 | Vehicle Administrators network Trust Fund) and shall
be used | ||||||
10 | for the purposes provided in Section 6z-23 of the State Finance | ||||||
11 | Act
and (ii) $20 of the total fee for an original or renewal | ||||||
12 | CDL or CLP commercial
driver instruction permit shall be paid
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13 | into the Motor Carrier Safety Inspection Fund, which is hereby | ||||||
14 | created as a
special fund in the State Treasury, to be used by
| ||||||
15 | the Department
of State Police, subject to appropriation, to | ||||||
16 | hire additional officers to
conduct motor carrier safety
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17 | inspections
pursuant to Chapter 18b of this Code.
| ||||||
18 | (g) All remaining moneys received by the Secretary of State | ||||||
19 | as
registration fees or taxes or as payment of any other fee, | ||||||
20 | as provided in
this Act, except fees received by the Secretary | ||||||
21 | under paragraph (7)(A) of
subsection (b) of Section 5-101 and | ||||||
22 | Section 5-109 of this Code,
shall be deposited in the Road Fund | ||||||
23 | in the State Treasury. Moneys
in the Road Fund shall be used | ||||||
24 | for the purposes provided in
Section 8.3 of the State Finance | ||||||
25 | Act.
| ||||||
26 | (h) (Blank).
|
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1 | (i) (Blank).
| ||||||
2 | (j) (Blank).
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3 | (k) There is created in the State Treasury a special fund | ||||||
4 | to be known as
the Secretary of State Special License Plate | ||||||
5 | Fund. Money deposited into the
Fund shall, subject to | ||||||
6 | appropriation, be used by the Office of the Secretary
of State | ||||||
7 | (i) to help defray plate manufacturing and plate processing | ||||||
8 | costs
for the issuance and, when applicable, renewal of any new | ||||||
9 | or existing
registration plates authorized under this Code and | ||||||
10 | (ii) for grants made by the
Secretary of State to benefit | ||||||
11 | Illinois Veterans Home libraries.
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12 | On or before October 1, 1995, the Secretary of State shall | ||||||
13 | direct the
State Comptroller and State Treasurer to transfer | ||||||
14 | any unexpended balance in
the Special Environmental License | ||||||
15 | Plate Fund, the Special Korean War Veteran
License Plate Fund, | ||||||
16 | and the Retired Congressional License Plate Fund to the
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17 | Secretary of State Special License Plate Fund.
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18 | (l) The Motor Vehicle Review Board Fund is created as a | ||||||
19 | special fund in
the State Treasury. Moneys deposited into the | ||||||
20 | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | ||||||
21 | Section 5-109 shall,
subject to appropriation, be used by the | ||||||
22 | Office of the Secretary of State to
administer the Motor | ||||||
23 | Vehicle Review Board, including without
limitation payment of | ||||||
24 | compensation and all necessary expenses incurred in
| ||||||
25 | administering the Motor Vehicle Review Board under the Motor | ||||||
26 | Vehicle Franchise
Act.
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1 | (m) Effective July 1, 1996, there is created in the State
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2 | Treasury a special fund to be known as the Family | ||||||
3 | Responsibility Fund. Moneys
deposited into the Fund shall, | ||||||
4 | subject to appropriation, be used by the Office
of the | ||||||
5 | Secretary of State for the purpose of enforcing the Family | ||||||
6 | Financial
Responsibility Law.
| ||||||
7 | (n) The Illinois Fire Fighters' Memorial Fund is created as | ||||||
8 | a special
fund in the State Treasury. Moneys deposited into the | ||||||
9 | Fund shall, subject
to appropriation, be used by the Office of | ||||||
10 | the State Fire Marshal for
construction of the Illinois Fire | ||||||
11 | Fighters' Memorial to be located at the
State Capitol grounds | ||||||
12 | in Springfield, Illinois. Upon the completion of the
Memorial, | ||||||
13 | moneys in the Fund shall be used in accordance with Section | ||||||
14 | 3-634.
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15 | (o) Of the money collected for each certificate of title | ||||||
16 | for all-terrain
vehicles and off-highway motorcycles, $17 | ||||||
17 | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| ||||||
18 | (p) For audits conducted on or after July 1, 2003 pursuant | ||||||
19 | to Section
2-124(d) of this Code, 50% of the money collected as | ||||||
20 | audit fees shall be
deposited
into the General Revenue Fund.
| ||||||
21 | (Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
| ||||||
22 | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
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23 | Sec. 6-101. Drivers must have licenses or permits.
| ||||||
24 | (a) No person, except those expressly exempted by Section | ||||||
25 | 6-102, shall
drive any motor vehicle upon a highway in this |
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1 | State unless such person has
a valid license or permit, or a | ||||||
2 | restricted driving permit, issued under the
provisions of this | ||||||
3 | Act.
| ||||||
4 | (b) No person shall drive a motor vehicle unless he holds a | ||||||
5 | valid
license or permit, or a restricted driving permit issued | ||||||
6 | under the
provisions of Section 6-205, 6-206, or 6-113 of this | ||||||
7 | Act. Any person to
whom a license is issued under the | ||||||
8 | provisions of this Act must surrender to
the Secretary of State | ||||||
9 | all valid licenses or permits , except that an applicant for a | ||||||
10 | non-domiciled commercial learner's permit or commercial | ||||||
11 | driver's license shall not be required to surrender a license | ||||||
12 | or permit issued by the applicant's state or country of | ||||||
13 | domicile . No drivers license or instruction permit
shall be | ||||||
14 | issued to any person who holds a valid Foreign State license,
| ||||||
15 | identification card, or permit
unless such person first | ||||||
16 | surrenders to the Secretary of State any such
valid Foreign | ||||||
17 | State license,
identification card, or permit.
| ||||||
18 | (b-5) Any person who commits a violation of subsection (a) | ||||||
19 | or (b) of this Section is guilty of a Class A misdemeanor, if | ||||||
20 | at the time of the violation the person's driver's license or | ||||||
21 | permit was cancelled under clause (a)9 of Section 6-201 of this | ||||||
22 | Code.
| ||||||
23 | (c) Any person licensed as a driver hereunder shall not be | ||||||
24 | required by
any city, village, incorporated town or other | ||||||
25 | municipal corporation to
obtain any other license to exercise | ||||||
26 | the privilege thereby granted.
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1 | (d) In addition to other penalties imposed under this | ||||||
2 | Section, any person
in violation of this Section who is also in | ||||||
3 | violation of Section 7-601 of this
Code relating to mandatory | ||||||
4 | insurance requirements shall have his or her motor
vehicle | ||||||
5 | immediately impounded by the arresting law enforcement | ||||||
6 | officer. The
motor vehicle may be released to any licensed | ||||||
7 | driver upon a showing of proof of
insurance for the motor | ||||||
8 | vehicle that was impounded and the notarized written
consent | ||||||
9 | for the release by the vehicle owner.
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10 | (e) In addition to other penalties imposed under this | ||||||
11 | Section, the
vehicle
of any person
in violation of this Section | ||||||
12 | who is also in violation of Section 7-601 of this
Code relating | ||||||
13 | to mandatory insurance requirements and who, in violating this
| ||||||
14 | Section, has caused death or personal injury to another person | ||||||
15 | is subject to
forfeiture under
Sections 36-1 and 36-2 of the | ||||||
16 | Criminal Code of 2012.
For the purposes of this Section, a | ||||||
17 | personal injury shall include
any type A injury as indicated on | ||||||
18 | the traffic accident report completed
by a law enforcement | ||||||
19 | officer that requires immediate professional attention
in | ||||||
20 | either a doctor's office or a medical facility. A type A injury | ||||||
21 | shall
include severely bleeding wounds, distorted extremities, | ||||||
22 | and injuries that
require the injured party to be carried from | ||||||
23 | the scene.
| ||||||
24 | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13.)
| ||||||
25 | (625 ILCS 5/6-118)
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1 | Sec. 6-118. Fees. | ||||||
2 | (a) The fee for licenses and permits under this
Article is | ||||||
3 | as follows: | ||||||
4 | Original driver's license .............................$30 | ||||||
5 | Original or renewal driver's license | ||||||
6 | issued to 18, 19 and 20 year olds .................. 5 | ||||||
7 | All driver's licenses for persons | ||||||
8 | age 69 through age 80 .............................. 5 | ||||||
9 | All driver's licenses for persons | ||||||
10 | age 81 through age 86 .............................. 2 | ||||||
11 | All driver's licenses for persons | ||||||
12 | age 87 or older .....................................0 | ||||||
13 | Renewal driver's license (except for | ||||||
14 | applicants ages 18, 19 and 20 or | ||||||
15 | age 69 and older) ..................................30 | ||||||
16 | Original instruction permit issued to | ||||||
17 | persons (except those age 69 and older) | ||||||
18 | who do not hold or have not previously | ||||||
19 | held an Illinois instruction permit or | ||||||
20 | driver's license .................................. 20 | ||||||
21 | Instruction permit issued to any person | ||||||
22 | holding an Illinois driver's license | ||||||
23 | who wishes a change in classifications, | ||||||
24 | other than at the time of renewal .................. 5 | ||||||
25 | Any instruction permit issued to a person | ||||||
26 | age 69 and older ................................... 5 |
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1 | Instruction permit issued to any person, | ||||||
2 | under age 69, not currently holding a | ||||||
3 | valid Illinois driver's license or | ||||||
4 | instruction permit but who has | ||||||
5 | previously been issued either document | ||||||
6 | in Illinois ....................................... 10 | ||||||
7 | Restricted driving permit .............................. 8 | ||||||
8 | Monitoring device driving permit ...................... 8 | ||||||
9 | Duplicate or corrected driver's license | ||||||
10 | or permit .......................................... 5 | ||||||
11 | Duplicate or corrected restricted | ||||||
12 | driving permit ..................................... 5 | ||||||
13 | Duplicate or corrected monitoring | ||||||
14 | device driving permit .................................. 5 | ||||||
15 | Duplicate driver's license or permit issued to | ||||||
16 | an active-duty member of the | ||||||
17 | United States Armed Forces, | ||||||
18 | the member's spouse, or | ||||||
19 | the dependent children living | ||||||
20 | with the member ................................... 0 | ||||||
21 | Original or renewal M or L endorsement ................. 5 | ||||||
22 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
23 | The fees for commercial driver licenses and permits | ||||||
24 | under Article V
shall be as follows: | ||||||
25 | Commercial driver's license: | ||||||
26 | $6 for the CDLIS/AAMVAnet Trust Fund |
| |||||||
| |||||||
1 | (Commercial Driver's License Information | ||||||
2 | System/American Association of Motor Vehicle | ||||||
3 | Administrators network Trust Fund); | ||||||
4 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
5 | $10 for the driver's license; | ||||||
6 | and $24 for the CDL: ............................. $60 | ||||||
7 | Renewal commercial driver's license: | ||||||
8 | $6 for the CDLIS/AAMVAnet Trust Fund; | ||||||
9 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
10 | $10 for the driver's license; and | ||||||
11 | $24 for the CDL: ................................. $60 | ||||||
12 | Commercial learner's driver instruction permit | ||||||
13 | issued to any person holding a valid | ||||||
14 | Illinois driver's license for the | ||||||
15 | purpose of changing to a | ||||||
16 | CDL classification: $6 for the | ||||||
17 | CDLIS/AAMVAnet Trust Fund; | ||||||
18 | $20 for the Motor Carrier | ||||||
19 | Safety Inspection Fund; and | ||||||
20 | $24 for the CDL classification ................... $50 | ||||||
21 | Commercial learner's driver instruction permit | ||||||
22 | issued to any person holding a valid | ||||||
23 | Illinois CDL for the purpose of | ||||||
24 | making a change in a classification, | ||||||
25 | endorsement or restriction ........................ $5 | ||||||
26 | CDL duplicate or corrected license .................... $5 |
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| |||||||
1 | In order to ensure the proper implementation of the Uniform | ||||||
2 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
3 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
4 | commercial driver's license
proportionate to the expiration | ||||||
5 | date of the applicant's Illinois driver's
license. | ||||||
6 | The fee for any duplicate license or permit shall be waived | ||||||
7 | for any
person who presents the Secretary of State's office | ||||||
8 | with a
police report showing that his license or permit was | ||||||
9 | stolen. | ||||||
10 | The fee for any duplicate license or permit shall be waived | ||||||
11 | for any
person age 60 or older whose driver's license or permit | ||||||
12 | has been lost or stolen. | ||||||
13 | No additional fee shall be charged for a driver's license, | ||||||
14 | or for a
commercial driver's license, when issued
to the holder | ||||||
15 | of an instruction permit for the same classification or
type of | ||||||
16 | license who becomes eligible for such
license. | ||||||
17 | (b) Any person whose license or privilege to operate a | ||||||
18 | motor vehicle
in this State has been suspended or revoked under | ||||||
19 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
20 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
21 | Responsibility Law of this Code, shall in addition to any other
| ||||||
22 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
23 | Suspension under Section 3-707 .....................
$100
| ||||||
24 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
25 | Summary revocation under Section 11-501.1 ............$500 | ||||||
26 | Other suspension ......................................$70 |
| |||||||
| |||||||
1 | Revocation ...........................................$500 | ||||||
2 | However, any person whose license or privilege to operate a | ||||||
3 | motor vehicle
in this State has been suspended or revoked for a | ||||||
4 | second or subsequent time
for a violation of Section 11-501 or | ||||||
5 | 11-501.1
of this Code or a similar provision of a local | ||||||
6 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
7 | the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||||||
8 | suspension or revocation was for a violation of Section 11-501 | ||||||
9 | or
11-501.1 of this Code or a similar provision of a local | ||||||
10 | ordinance
or a similar out-of-state offense
or Section
9-3 of | ||||||
11 | the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||||||
12 | pay, in addition to any other
fees required by this Code, a
| ||||||
13 | reinstatement
fee as follows: | ||||||
14 | Summary suspension under Section 11-501.1 ............$500 | ||||||
15 | Summary revocation under Section 11-501.1 ............$500 | ||||||
16 | Revocation ...........................................$500 | ||||||
17 | (c) All fees collected under the provisions of this Chapter | ||||||
18 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
19 | as follows: | ||||||
20 | 1. The following amounts shall be paid into the Driver | ||||||
21 | Education Fund: | ||||||
22 | (A) $16 of the $20
fee for an original driver's | ||||||
23 | instruction permit; | ||||||
24 | (B) $5 of the $30 fee for an original driver's | ||||||
25 | license; | ||||||
26 | (C) $5 of the $30 fee for a 4 year renewal driver's |
| |||||||
| |||||||
1 | license;
| ||||||
2 | (D) $4 of the $8 fee for a restricted driving | ||||||
3 | permit; and | ||||||
4 | (E) $4 of the $8 fee for a monitoring device | ||||||
5 | driving permit. | ||||||
6 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
7 | summarily suspended under Section 11-501.1 shall be | ||||||
8 | deposited into the
Drunk and Drugged Driving Prevention | ||||||
9 | Fund.
However, for a person whose license or privilege to | ||||||
10 | operate a motor vehicle
in this State has been suspended or | ||||||
11 | revoked for a second or subsequent time for
a violation of | ||||||
12 | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||||||
13 | the
Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
14 | $190 of the $500 fee for reinstatement of a license | ||||||
15 | summarily
suspended under
Section 11-501.1,
and $190 of the | ||||||
16 | $500 fee for reinstatement of a revoked license
shall be | ||||||
17 | deposited into the Drunk and Drugged Driving Prevention | ||||||
18 | Fund. $190 of the $500 fee for reinstatement of a license | ||||||
19 | summarily revoked pursuant to Section 11-501.1 shall be | ||||||
20 | deposited into the Drunk and Drugged Driving Prevention | ||||||
21 | Fund. | ||||||
22 | 3. $6 of the such original or renewal fee for a | ||||||
23 | commercial driver's
license and $6 of the commercial | ||||||
24 | learner's driver instruction permit fee when the such
| ||||||
25 | permit is issued to any person holding a valid Illinois | ||||||
26 | driver's license,
shall be paid into the CDLIS/AAMVAnet |
| |||||||
| |||||||
1 | Trust Fund. | ||||||
2 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
3 | suspended
under the
Family
Financial Responsibility Law | ||||||
4 | shall be paid into the Family Responsibility
Fund. | ||||||
5 | 5. The $5 fee for each original or renewal M or L | ||||||
6 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
7 | Training Fund. | ||||||
8 | 6. $20 of any original or renewal fee for a commercial | ||||||
9 | driver's
license or commercial learner's driver | ||||||
10 | instruction permit shall be paid into the Motor
Carrier | ||||||
11 | Safety Inspection Fund. | ||||||
12 | 7. The following amounts shall be paid into the General | ||||||
13 | Revenue Fund: | ||||||
14 | (A) $190 of the $250 reinstatement fee for a | ||||||
15 | summary suspension under
Section 11-501.1; | ||||||
16 | (B) $40 of the $70 reinstatement fee for any other | ||||||
17 | suspension provided
in subsection (b) of this Section; | ||||||
18 | and | ||||||
19 | (C) $440 of the $500 reinstatement fee for a first | ||||||
20 | offense revocation
and $310 of the $500 reinstatement | ||||||
21 | fee for a second or subsequent revocation. | ||||||
22 | (d) All of the proceeds of the additional fees imposed by | ||||||
23 | this amendatory Act of the 96th General Assembly shall be | ||||||
24 | deposited into the Capital Projects Fund. | ||||||
25 | (e) The additional fees imposed by this amendatory Act of | ||||||
26 | the 96th General Assembly shall become effective 90 days after |
| |||||||
| |||||||
1 | becoming law. | ||||||
2 | (f) As used in this Section, "active-duty member of the | ||||||
3 | United States Armed Forces" means a member of the Armed | ||||||
4 | Services or Reserve Forces of the United States or a member of | ||||||
5 | the Illinois National Guard who is called to active duty | ||||||
6 | pursuant to an executive order of the President of the United | ||||||
7 | States, an act of the Congress of the United States, or an | ||||||
8 | order of the Governor. | ||||||
9 | (Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; | ||||||
10 | 96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff. | ||||||
11 | 8-12-11; 97-1150, eff. 1-25-13.)
| ||||||
12 | (625 ILCS 5/6-201)
| ||||||
13 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
14 | (a) The Secretary of State is authorized to cancel any | ||||||
15 | license or permit
upon determining that the holder thereof:
| ||||||
16 | 1. was not entitled to the issuance thereof hereunder; | ||||||
17 | or
| ||||||
18 | 2. failed to give the required or correct information | ||||||
19 | in his
application; or
| ||||||
20 | 3. failed to pay any fees, civil penalties owed to the | ||||||
21 | Illinois Commerce
Commission, or taxes due under this Act | ||||||
22 | and upon reasonable notice and demand;
or
| ||||||
23 | 4. committed any fraud in the making of such | ||||||
24 | application; or
| ||||||
25 | 5. is ineligible therefor under the provisions of |
| |||||||
| |||||||
1 | Section 6-103 of this
Act, as amended; or
| ||||||
2 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
3 | and
intoxicating compound evaluation or to
submit to | ||||||
4 | examination or re-examination as required under this Act; | ||||||
5 | or
| ||||||
6 | 7. has been convicted of violating the Cannabis Control | ||||||
7 | Act,
the
Illinois Controlled Substances Act, the | ||||||
8 | Methamphetamine Control and Community Protection Act, or | ||||||
9 | the Use of Intoxicating Compounds
Act while that individual | ||||||
10 | was in actual physical
control of a motor vehicle. For | ||||||
11 | purposes of this Section, any person placed on
probation | ||||||
12 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
13 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
14 | the Methamphetamine Control and Community Protection Act | ||||||
15 | shall not be considered convicted. Any
person found guilty | ||||||
16 | of this offense, while in actual physical control of a
| ||||||
17 | motor vehicle, shall have an entry made in the court record | ||||||
18 | by the
judge that this offense did occur while the person | ||||||
19 | was in actual
physical control of a motor vehicle and order | ||||||
20 | the clerk of the court to report
the violation to the | ||||||
21 | Secretary of State as such. After the cancellation, the
| ||||||
22 | Secretary of State shall not issue a new license or permit | ||||||
23 | for a period of one
year after the date of cancellation. | ||||||
24 | However, upon application, the Secretary
of State may, if | ||||||
25 | satisfied that the person applying will not endanger the
| ||||||
26 | public safety, or welfare, issue a restricted driving |
| |||||||
| |||||||
1 | permit granting the
privilege of driving a motor vehicle | ||||||
2 | between the petitioner's residence and
petitioner's place | ||||||
3 | of employment or within the scope of the petitioner's | ||||||
4 | employment
related duties, or to allow transportation for
| ||||||
5 | the petitioner or a household member of the petitioner's | ||||||
6 | family for the receipt of
necessary medical care, or | ||||||
7 | provide transportation for the petitioner to and from | ||||||
8 | alcohol or drug remedial or
rehabilitative activity | ||||||
9 | recommended by a licensed service provider, or for the | ||||||
10 | petitioner to attend classes, as a student,
in an | ||||||
11 | accredited educational institution. The petitioner must
| ||||||
12 | demonstrate that no alternative means of transportation is | ||||||
13 | reasonably
available; provided that the Secretary's | ||||||
14 | discretion shall be limited to
cases where undue hardship, | ||||||
15 | as defined by the rules of the Secretary of State, would | ||||||
16 | result from a failure to issue such
restricted driving | ||||||
17 | permit. In each case the Secretary of State may issue
such | ||||||
18 | restricted driving permit for such period as he deems | ||||||
19 | appropriate,
except that such permit shall expire within | ||||||
20 | one year from the date of
issuance. A restricted driving | ||||||
21 | permit issued hereunder shall be subject to
cancellation, | ||||||
22 | revocation and suspension by the Secretary of State in like
| ||||||
23 | manner and for like cause as a driver's license issued | ||||||
24 | hereunder may be
cancelled, revoked or suspended; except | ||||||
25 | that a conviction upon one or more
offenses against laws or | ||||||
26 | ordinances regulating the movement of traffic
shall be |
| |||||||
| |||||||
1 | deemed sufficient cause for the revocation, suspension or
| ||||||
2 | cancellation of a restricted driving permit. The Secretary | ||||||
3 | of State may,
as a condition to the issuance of a | ||||||
4 | restricted driving permit, require the
applicant to | ||||||
5 | participate in a driver remedial or rehabilitative
| ||||||
6 | program. In accordance with 49 C.F.R. 384, the Secretary of | ||||||
7 | State may not issue a restricted driving permit for the | ||||||
8 | operation of a commercial motor vehicle to a person holding | ||||||
9 | a CDL whose driving privileges have been revoked, | ||||||
10 | suspended, cancelled, or disqualified under this Code; or
| ||||||
11 | 8. failed to submit a report as required by Section | ||||||
12 | 6-116.5 of this
Code; or
| ||||||
13 | 9. has been convicted of a sex offense as defined in | ||||||
14 | the Sex Offender Registration Act. The driver's license | ||||||
15 | shall remain cancelled until the driver registers as a sex | ||||||
16 | offender as required by the Sex Offender Registration Act, | ||||||
17 | proof of the registration is furnished to the Secretary of | ||||||
18 | State and the sex offender provides proof of current | ||||||
19 | address to the Secretary; or
| ||||||
20 | 10. is ineligible for a license or permit under Section | ||||||
21 | 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
22 | 11. refused or neglected to appear at a Driver Services | ||||||
23 | facility to have the license or permit corrected and a new | ||||||
24 | license or permit issued or to present documentation for | ||||||
25 | verification of identity; or
| ||||||
26 | 12. failed to submit a medical examiner's certificate |
| |||||||
| |||||||
1 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
2 | submitted a fraudulent medical examiner's certificate or | ||||||
3 | medical variance; or | ||||||
4 | 13. has had his or her medical examiner's certificate, | ||||||
5 | medical variance, or both removed or rescinded by the | ||||||
6 | Federal Motor Carrier Safety Administration; or | ||||||
7 | 14. failed to self-certify as to the type of driving in | ||||||
8 | which the CDL driver engages or expects to engage ; or | ||||||
9 | 15. was convicted of fraud relating to the testing or | ||||||
10 | issuance of a CDL or CLP, in which case only the CDL or CLP | ||||||
11 | shall be cancelled. After cancellation, the Secretary | ||||||
12 | shall not issue a CLP or CDL for a period of one year from | ||||||
13 | the date of cancellation . | ||||||
14 | (b) Upon such cancellation the licensee or permittee must | ||||||
15 | surrender the
license or permit so cancelled to the Secretary | ||||||
16 | of State.
| ||||||
17 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
18 | Secretary of State
shall have exclusive authority to grant, | ||||||
19 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
20 | drivers' licenses and restricted driving permits.
| ||||||
21 | (d) The Secretary of State may adopt rules to implement | ||||||
22 | this Section.
| ||||||
23 | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||||||
24 | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12.)
| ||||||
25 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
|
| |||||||
| |||||||
1 | Sec. 6-204. When Court to forward License and Reports.
| ||||||
2 | (a) For the purpose of providing to the Secretary of State | ||||||
3 | the records
essential to the performance of the Secretary's | ||||||
4 | duties under this Code to
cancel, revoke or suspend the | ||||||
5 | driver's license and privilege to drive motor
vehicles of | ||||||
6 | certain minors adjudicated truant minors in need of | ||||||
7 | supervision,
addicted, or delinquent and of persons
found | ||||||
8 | guilty of the criminal offenses or traffic violations
which | ||||||
9 | this Code recognizes as evidence relating to unfitness to | ||||||
10 | safely operate
motor vehicles, the following duties are imposed | ||||||
11 | upon public officials:
| ||||||
12 | (1) Whenever any person is convicted of any offense for | ||||||
13 | which
this
Code makes mandatory the cancellation or | ||||||
14 | revocation of the driver's
license or permit of such person | ||||||
15 | by the Secretary of State, the judge of the
court in which | ||||||
16 | such conviction is had shall require the surrender to the | ||||||
17 | clerk
of the court of all driver's licenses or permits then | ||||||
18 | held by the person so
convicted, and the clerk of the court | ||||||
19 | shall, within 5 days thereafter, forward
the same, together | ||||||
20 | with a report of such conviction, to the Secretary.
| ||||||
21 | (2) Whenever any person is convicted of any offense | ||||||
22 | under this
Code or
similar offenses under a municipal | ||||||
23 | ordinance, other than regulations
governing standing, | ||||||
24 | parking or weights of vehicles, and excepting the
following | ||||||
25 | enumerated Sections of this Code: Sections 11-1406 | ||||||
26 | (obstruction
to driver's view or control), 11-1407 |
| |||||||
| |||||||
1 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
2 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
3 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
4 | vehicle which is in unsafe condition or improperly | ||||||
5 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
6 | 12-202 (clearance, identification and
side marker lamps), | ||||||
7 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
8 | to display the safety lights required), 12-401 | ||||||
9 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
10 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
11 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
12 | (mufflers, prevention of noise or smoke), 12-603 (seat
| ||||||
13 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
14 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
15 | operated on highways),
12-710 (splash guards and | ||||||
16 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
17 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
18 | and address on second division vehicles), 15-107 (length of | ||||||
19 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
20 | 15-112 (weights), 15-301
(weights), 15-316 (weights), | ||||||
21 | 15-318 (weights), and also excepting the following
| ||||||
22 | enumerated Sections of the Chicago Municipal Code: | ||||||
23 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
24 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
25 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
26 | 27-264 (use of horns
and signal devices), 27-265 |
| |||||||
| |||||||
1 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
2 | (dimming of headlights), 27-268 (unattended motor | ||||||
3 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
4 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
5 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
6 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
7 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
8 | (diagonal parking), 27-307 (parking not to obstruct
| ||||||
9 | traffic), 27-308 (stopping, standing or parking | ||||||
10 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
11 | regulations), 27-313 (parking regulations),
27-314 | ||||||
12 | (parking regulations), 27-315 (parking regulations), | ||||||
13 | 27-316 (parking
regulations), 27-317 (parking | ||||||
14 | regulations), 27-318 (parking regulations),
27-319 | ||||||
15 | (parking regulations), 27-320 (parking regulations), | ||||||
16 | 27-321 (parking
regulations), 27-322 (parking | ||||||
17 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
18 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
19 | the downtown district), 27-335 (load restrictions in
| ||||||
20 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
21 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
22 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
23 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
24 | sticker), 27-357 (identification of vehicles), 27-358
| ||||||
25 | (projecting of loads), and also excepting the following | ||||||
26 | enumerated
paragraphs of Section 2-201 of the Rules and |
| |||||||
| |||||||
1 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
2 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
3 | transporting dangerous cargo not properly indicated), it
| ||||||
4 | shall be the duty of the clerk of the court in which such | ||||||
5 | conviction is
had within 5 days thereafter to forward to | ||||||
6 | the Secretary of State a report of
the conviction and the | ||||||
7 | court may recommend the suspension of the driver's
license | ||||||
8 | or permit of the person so convicted.
| ||||||
9 | The reporting requirements of this subsection shall apply | ||||||
10 | to all
violations stated in paragraphs (1) and (2) of this
| ||||||
11 | subsection when the
individual has been adjudicated under the | ||||||
12 | Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||||||
13 | reporting requirements shall also apply to
individuals | ||||||
14 | adjudicated under the Juvenile Court Act or the Juvenile Court | ||||||
15 | Act
of 1987 who have committed a violation of Section 11-501 of | ||||||
16 | this Code, or
similar provision of a local ordinance, or | ||||||
17 | Section 9-3 of the Criminal Code
of 1961 or the Criminal Code | ||||||
18 | of 2012, relating to the offense of reckless homicide.
These | ||||||
19 | reporting requirements also apply to individuals adjudicated | ||||||
20 | under the Juvenile Court Act of 1987 based on any offense | ||||||
21 | determined to have been committed in furtherance of the | ||||||
22 | criminal activities of an organized gang, as provided in | ||||||
23 | Section 5-710 of that Act, and that involved the operation or | ||||||
24 | use of a motor vehicle or the use of a driver's license or | ||||||
25 | permit. The reporting requirements of this subsection shall | ||||||
26 | also apply to
a truant minor in need of supervision, an |
| |||||||
| |||||||
1 | addicted
minor, or a delinquent minor and whose driver's | ||||||
2 | license and privilege to
drive a motor vehicle has been ordered | ||||||
3 | suspended for such times as determined
by the Court, but only | ||||||
4 | until he or she attains
18 years of age. It shall be the duty of | ||||||
5 | the clerk of the court in which
adjudication is had within 5 | ||||||
6 | days thereafter to forward to the Secretary of
State a report | ||||||
7 | of the adjudication and the court order requiring the Secretary
| ||||||
8 | of State to suspend the minor's driver's license and driving | ||||||
9 | privilege for such
time as determined by the Court, but only | ||||||
10 | until he or she attains the age of 18
years. All juvenile court | ||||||
11 | dispositions reported to the Secretary of State
under this | ||||||
12 | provision shall be processed by the Secretary of State as if | ||||||
13 | the
cases had been adjudicated in traffic or criminal court. | ||||||
14 | However, information
reported relative to the offense of | ||||||
15 | reckless homicide, or Section 11-501 of
this Code, or a similar | ||||||
16 | provision of a local ordinance, shall be privileged
and | ||||||
17 | available only to the Secretary of State, courts, and police | ||||||
18 | officers.
| ||||||
19 | The reporting requirements of this subsection (a) | ||||||
20 | apply to all violations listed in paragraphs (1) and (2) of | ||||||
21 | this subsection (a), excluding parking violations, when | ||||||
22 | the driver holds a CLP or CDL, regardless of the type of | ||||||
23 | vehicle in which the violation occurred, or when any driver | ||||||
24 | committed the violation in a commercial motor vehicle as | ||||||
25 | defined in Section 6-500 of this Code.
| ||||||
26 | (3) Whenever an order is entered vacating the |
| |||||||
| |||||||
1 | forfeiture of any
bail,
security or bond given to secure | ||||||
2 | appearance for any offense under this
Code or similar | ||||||
3 | offenses under municipal ordinance, it shall be the duty
of | ||||||
4 | the clerk of the court in which such vacation was had or | ||||||
5 | the judge of
such court if such court has no clerk, within | ||||||
6 | 5 days thereafter to
forward to the Secretary of State a | ||||||
7 | report of the vacation.
| ||||||
8 | (4) A report of any disposition of court supervision | ||||||
9 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
10 | similar provision of a local ordinance,
11-503, 11-504, and | ||||||
11 | 11-506 shall be forwarded to the Secretary of State.
A | ||||||
12 | report of any disposition of court supervision for a | ||||||
13 | violation of an offense
defined as a serious traffic | ||||||
14 | violation in this Code or a similar provision of a
local | ||||||
15 | ordinance committed by a person under the age of 21 years | ||||||
16 | shall be
forwarded to the Secretary of State.
| ||||||
17 | (5) Reports of conviction
under this Code
and | ||||||
18 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
19 | an electronic format
or a computer processible medium
shall
| ||||||
20 | be
forwarded to the Secretary of State via the Supreme | ||||||
21 | Court in the form and
format required by the Illinois | ||||||
22 | Supreme Court and established by a written
agreement | ||||||
23 | between the Supreme Court and the Secretary of State.
In | ||||||
24 | counties with a population over 300,000, instead of | ||||||
25 | forwarding reports to
the Supreme Court, reports of | ||||||
26 | conviction
under this Code
and sentencing hearings under |
| |||||||
| |||||||
1 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
2 | computer processible medium
may
be forwarded to the | ||||||
3 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
4 | format required by the Secretary of State and established | ||||||
5 | by written agreement
between the Circuit Court Clerk and | ||||||
6 | the Secretary of State. Failure to
forward the reports of | ||||||
7 | conviction or sentencing hearing under the Juvenile
Court | ||||||
8 | Act of 1987 as required by this Section shall be
deemed an | ||||||
9 | omission of duty and it shall be the duty of the several | ||||||
10 | State's
Attorneys to enforce the requirements of this | ||||||
11 | Section.
| ||||||
12 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
13 | court, as a
result of confiscation by a police officer pursuant | ||||||
14 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
15 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
16 | restricted driving permit and a facsimile of
the officer's | ||||||
17 | citation to the Secretary of State as expeditiously as
| ||||||
18 | practicable.
| ||||||
19 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
20 | collateral
deposited to secure a defendant's appearance in | ||||||
21 | court when forfeiture
has not been vacated, or the failure of a | ||||||
22 | defendant to appear for trial
after depositing his driver's | ||||||
23 | license in lieu of other bail, shall be
equivalent to a | ||||||
24 | conviction.
| ||||||
25 | (d) For the purpose of providing the Secretary of State | ||||||
26 | with records
necessary to properly monitor and assess driver |
| |||||||
| |||||||
1 | performance and assist the
courts in the proper disposition of | ||||||
2 | repeat traffic law offenders, the clerk
of the court shall | ||||||
3 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
4 | Secretary, records of a driver's participation in a driver | ||||||
5 | remedial
or rehabilitative program which was required, through | ||||||
6 | a court order or court
supervision, in relation to the driver's | ||||||
7 | arrest for a violation of Section
11-501 of this Code or a | ||||||
8 | similar provision of a local ordinance.
The clerk of the court | ||||||
9 | shall also forward to the Secretary, either on
paper or in an | ||||||
10 | electronic format or a computer processible medium as required
| ||||||
11 | under paragraph (5) of subsection (a) of this Section, any | ||||||
12 | disposition
of court supervision for any traffic violation,
| ||||||
13 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
14 | (a) of this Section.
These reports
shall be sent within 5
days | ||||||
15 | after disposition, or, if
the driver is
referred to a driver
| ||||||
16 | remedial or rehabilitative program, within 5 days of the | ||||||
17 | driver's referral
to that program.
These reports received by | ||||||
18 | the Secretary of State, including those required to
be | ||||||
19 | forwarded under paragraph (a)(4), shall be privileged | ||||||
20 | information, available
only (i) to the affected driver, (ii) to | ||||||
21 | the parent or guardian of a person under the age of 18 years | ||||||
22 | holding an instruction permit or a graduated driver's license, | ||||||
23 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
24 | authorities, the Secretary of State, and the driver licensing | ||||||
25 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
26 | Part 384, all reports of court supervision, except violations |
| |||||||
| |||||||
1 | related to parking, shall be forwarded to the Secretary of | ||||||
2 | State for all holders of a CLP or CDL or any driver who commits | ||||||
3 | an offense while driving a commercial motor vehicle. These | ||||||
4 | reports shall be recorded to the driver's record as a | ||||||
5 | conviction for use in the disqualification of the driver's | ||||||
6 | commercial motor vehicle privileges and shall not be privileged | ||||||
7 | information.
| ||||||
8 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
9 | (625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
| ||||||
10 | Sec. 6-207. Secretary of State may require reexamination or | ||||||
11 | reissuance of a
license. | ||||||
12 | (a) The Secretary of State, having good cause to believe | ||||||
13 | that a licensed
driver or person holding a permit or applying | ||||||
14 | for a license or license
renewal is incompetent or otherwise | ||||||
15 | not qualified to hold a license or
permit, may upon written | ||||||
16 | notice of at least 5 days to the person require the
person to | ||||||
17 | submit to an examination as prescribed by the Secretary.
| ||||||
18 | Refusal or neglect of the person to submit an alcohol, | ||||||
19 | drug, or
intoxicating compound evaluation or
submit to or | ||||||
20 | failure to successfully complete the examination is
grounds for | ||||||
21 | suspension of the person's license or permit under
Section | ||||||
22 | 6-206 of this Act or cancellation of his license or permit | ||||||
23 | under
Section 6-201 of this Act.
| ||||||
24 | (b) The Secretary of State, having issued a driver's | ||||||
25 | license or
permit in error, may upon written notice of at least |
| |||||||
| |||||||
1 | 5 days to the person,
require the person to appear at a Driver | ||||||
2 | Services facility to have the
license or permit error corrected | ||||||
3 | and a new license or permit issued.
| ||||||
4 | Refusal or neglect of the person to appear is grounds for | ||||||
5 | cancellation of
the person's license or permit under Section | ||||||
6 | 6-201 of this Act.
| ||||||
7 | (c) The Secretary of State, having issued a driver's | ||||||
8 | license or permit to a person who subsequently becomes | ||||||
9 | ineligible to retain that license or permit as currently | ||||||
10 | issued, may, upon written notice of at least 5 days to the | ||||||
11 | person, require the person to appear at a Driver Services | ||||||
12 | facility to have the license or permit corrected and a new | ||||||
13 | license or permit issued.
| ||||||
14 | (d) The Secretary of State, having good cause to believe | ||||||
15 | that a driver's license or permit was issued based on invalid, | ||||||
16 | fictitious, or fraudulent documents, may upon written notice of | ||||||
17 | at least 5 days require the person to appear at a Driver | ||||||
18 | Services facility to present valid documents for verification | ||||||
19 | of identity. Refusal or neglect of the person to appear shall | ||||||
20 | result in cancellation of the person's license or permit. | ||||||
21 | (e) Under 49 C.F.R. 383.73, if the Secretary of State | ||||||
22 | receives credible information that a CLP or CDL was issued and | ||||||
23 | fraud was committed relating to the issuance of the CLP or CDL, | ||||||
24 | the Secretary shall require the CLP or CDL holder to re-submit | ||||||
25 | to all testing required for the issuance of the CLP or CDL | ||||||
26 | (written, pre-trip, skills, and road exams). Upon written |
| |||||||
| |||||||
1 | notification by the Secretary, the holder shall have 5 days to | ||||||
2 | submit to re-examination. Failure to appear or successfully | ||||||
3 | complete the examination shall result in the cancellation of | ||||||
4 | the CLP or CDL under Section 6-201 of this Act. | ||||||
5 | (Source: P.A. 97-229, eff. 7-28-11.)
| ||||||
6 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
7 | Sec. 6-500. Definitions of words and phrases. | ||||||
8 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
9 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
10 | Act
(UCDLA), the words and phrases listed below have the | ||||||
11 | meanings
ascribed to them as follows:
| ||||||
12 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
13 | form of
alcohol, including but not limited to ethanol,
| ||||||
14 | methanol,
propanol, and
isopropanol.
| ||||||
15 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
16 | (A) the number of grams of alcohol per 210 liters of | ||||||
17 | breath;
or
| ||||||
18 | (B) the number of grams of alcohol per 100 milliliters | ||||||
19 | of
blood; or
| ||||||
20 | (C) the number of grams of alcohol per 67 milliliters | ||||||
21 | of
urine.
| ||||||
22 | Alcohol tests administered within 2 hours of the driver | ||||||
23 | being
"stopped or detained" shall be considered that driver's | ||||||
24 | "alcohol
concentration" for the purposes of enforcing this | ||||||
25 | UCDLA.
|
| |||||||
| |||||||
1 | (3) (Blank).
| ||||||
2 | (4) (Blank).
| ||||||
3 | (5) (Blank).
| ||||||
4 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
5 | electronic record of the individual CDL driver's status and | ||||||
6 | history stored by the State-of-Record as part of the Commercial | ||||||
7 | Driver's License Information System, or CDLIS, established | ||||||
8 | under 49 U.S.C. 31309. | ||||||
9 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
10 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
11 | driver record meeting the requirements for access to CDLIS | ||||||
12 | information and provided by states to users authorized in 49 | ||||||
13 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
14 | Driver Privacy Protection Act, 18 U.S.C. 2721–2725. | ||||||
15 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
16 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
17 | (A) a state allows the driver to change his or her | ||||||
18 | self-certification to interstate, but operating | ||||||
19 | exclusively in transportation or operation excepted from | ||||||
20 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
21 | 391.2, 391.68, or 398.3; | ||||||
22 | (B) a state allows the driver to change his or her | ||||||
23 | self-certification to intrastate only, if the driver | ||||||
24 | qualifies under that state's physical qualification | ||||||
25 | requirements for intrastate only; | ||||||
26 | (C) a state allows the driver to change his or her |
| |||||||
| |||||||
1 | certification to intrastate, but operating exclusively in | ||||||
2 | transportation or operations excepted from all or part of | ||||||
3 | the state driver qualification requirements; or | ||||||
4 | (D) a state removes the CDL privilege from the driver | ||||||
5 | license. | ||||||
6 | (6) Commercial Motor Vehicle.
| ||||||
7 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
8 | vehicle or combination of motor vehicles used in commerce, | ||||||
9 | except those referred to in subdivision (B), designed
to | ||||||
10 | transport passengers or property if the motor vehicle :
| ||||||
11 | (i) has a gross combination weight rating or gross | ||||||
12 | combination weight of 11,794 kilograms or more (26,001 | ||||||
13 | pounds or more), whichever is greater, inclusive of any | ||||||
14 | towed unit with a gross vehicle weight rating or
gross | ||||||
15 | vehicle weight of more than 4,536 kilograms (10,000 | ||||||
16 | pounds), whichever is greater the vehicle has a GVWR of | ||||||
17 | 26,001 pounds or more or such
a
lesser GVWR as | ||||||
18 | subsequently determined by federal regulations or the | ||||||
19 | Secretary
of State; or any
combination of vehicles with | ||||||
20 | a GCWR of 26,001 pounds or more, provided the
GVWR of | ||||||
21 | any vehicle or vehicles being towed is 10,001 pounds or | ||||||
22 | more ; or
| ||||||
23 | (i-5) has a gross vehicle weight rating or gross | ||||||
24 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
25 | pounds or more), whichever is greater; or
| ||||||
26 | (ii) the vehicle is designed to transport 16 or |
| |||||||
| |||||||
1 | more
persons , including the driver ;
or
| ||||||
2 | (iii) the vehicle is of any size and is used in | ||||||
3 | transporting hazardous materials as defined in 49 | ||||||
4 | C.F.R. 383.5 and
is
required to
be placarded in | ||||||
5 | accordance with 49 C.F.R. Part 172, subpart F .
| ||||||
6 | (B) Pursuant to the interpretation of the Commercial | ||||||
7 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
8 | Administration, the definition of
"commercial motor | ||||||
9 | vehicle" does not include:
| ||||||
10 | (i) recreational vehicles, when operated primarily | ||||||
11 | for personal use;
| ||||||
12 | (ii) vehicles owned by or operated under the | ||||||
13 | direction of the United States Department of Defense or | ||||||
14 | the United States Coast Guard only when operated by
| ||||||
15 | non-civilian personnel. This includes any operator on | ||||||
16 | active military
duty; members of the Reserves; | ||||||
17 | National Guard; personnel on part-time
training; and | ||||||
18 | National Guard military technicians (civilians who are
| ||||||
19 | required to wear military uniforms and are subject to | ||||||
20 | the Code of Military
Justice); or
| ||||||
21 | (iii) firefighting, police, and other emergency | ||||||
22 | equipment (including, without limitation, equipment | ||||||
23 | owned or operated by a HazMat or technical rescue team | ||||||
24 | authorized by a county board under Section 5-1127 of | ||||||
25 | the Counties Code), with audible and
visual signals, | ||||||
26 | owned or operated
by or for a
governmental entity, |
| |||||||
| |||||||
1 | which is necessary to the preservation of life or
| ||||||
2 | property or the execution of emergency governmental | ||||||
3 | functions which are
normally not subject to general | ||||||
4 | traffic rules and regulations.
| ||||||
5 | (7) Controlled Substance. "Controlled substance" shall | ||||||
6 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
7 | Controlled Substances Act,
and shall also include cannabis as | ||||||
8 | defined in Section 3 of the Cannabis Control
Act and | ||||||
9 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
10 | Control and Community Protection Act.
| ||||||
11 | (8) Conviction. "Conviction" means an unvacated | ||||||
12 | adjudication of guilt
or a determination that a person has | ||||||
13 | violated or failed to comply with the
law in a court of | ||||||
14 | original jurisdiction or by an authorized administrative
| ||||||
15 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
16 | deposited to secure
the person's appearance in court; a plea of | ||||||
17 | guilty or nolo contendere accepted by the court; the payment of | ||||||
18 | a fine or court cost
regardless of whether the imposition of | ||||||
19 | sentence is deferred and ultimately
a judgment dismissing the | ||||||
20 | underlying charge is entered; or a violation of a
condition of | ||||||
21 | release without bail, regardless of whether or not the penalty
| ||||||
22 | is rebated, suspended or probated.
| ||||||
23 | (8.5) Day. "Day" means calendar day.
| ||||||
24 | (9) (Blank).
| ||||||
25 | (10) (Blank).
| ||||||
26 | (11) (Blank).
|
| |||||||
| |||||||
1 | (12) (Blank).
| ||||||
2 | (13) Driver. "Driver" means any person who drives, | ||||||
3 | operates, or is in
physical control of a commercial motor | ||||||
4 | vehicle, any person who is required to hold a
CDL, or any | ||||||
5 | person who is a holder of a CDL while operating a | ||||||
6 | non-commercial motor vehicle.
| ||||||
7 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
8 | individual who applies to a state or other jurisdiction to | ||||||
9 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
10 | a CLP .
| ||||||
11 | (13.8) Electronic device. "Electronic device" includes, | ||||||
12 | but is not limited to, a cellular telephone, personal digital | ||||||
13 | assistant, pager, computer, or any other device used to input, | ||||||
14 | write, send, receive, or read text. | ||||||
15 | (14) Employee. "Employee" means a person who is employed as | ||||||
16 | a
commercial
motor vehicle driver. A person who is | ||||||
17 | self-employed as a commercial motor
vehicle driver must comply | ||||||
18 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
19 | owner-operator on a long-term lease shall be considered an | ||||||
20 | employee.
| ||||||
21 | (15) Employer. "Employer" means a person (including the | ||||||
22 | United
States, a State or a local authority) who owns or leases | ||||||
23 | a commercial motor
vehicle or assigns employees to operate such | ||||||
24 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
25 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
26 | (15.1) Endorsement. "Endorsement" means an authorization |
| |||||||
| |||||||
1 | to an individual's CLP or CDL required to permit the individual | ||||||
2 | to operate certain types of commercial motor vehicles. | ||||||
3 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
4 | person who operates or expects to operate in interstate | ||||||
5 | commerce, but engages exclusively in transportation or | ||||||
6 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
7 | 398.3 from all or part of the qualification requirements of 49 | ||||||
8 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
9 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
10 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
11 | person who operates in intrastate commerce but engages | ||||||
12 | exclusively in transportation or operations excepted from all | ||||||
13 | or parts of the state driver qualification requirements. | ||||||
14 | (16) (Blank).
| ||||||
15 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
16 | a result of a motor vehicle accident.
| ||||||
17 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
18 | sovereign
jurisdiction that does not fall within the definition | ||||||
19 | of "State".
| ||||||
20 | (18) (Blank).
| ||||||
21 | (19) (Blank).
| ||||||
22 | (20) Hazardous materials. "Hazardous Material" means any | ||||||
23 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
24 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
25 | or any quantity of a material listed as a select agent or toxin | ||||||
26 | in 42 C.F.R. part 73.
|
| |||||||
| |||||||
1 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
2 | existence of a condition relating to hazardous material that | ||||||
3 | presents a substantial likelihood that death, serious illness, | ||||||
4 | severe personal injury, or a substantial endangerment to | ||||||
5 | health, property, or the environment may occur before the | ||||||
6 | reasonably foreseeable completion date of a formal proceeding | ||||||
7 | begun to lessen the risk of that death, illness, injury or | ||||||
8 | endangerment.
| ||||||
9 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
10 | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||||||
11 | CLP or CDL. | ||||||
12 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
13 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
14 | non-domiciled CDL. | ||||||
15 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
16 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
17 | period of more than 29
days.
| ||||||
18 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
19 | transmission utilizing a driver-operated clutch that is | ||||||
20 | activated by a pedal or lever and a gear-shift mechanism | ||||||
21 | operated either by hand or foot including those known as a | ||||||
22 | stick shift, stick, straight drive, or standard transmission. | ||||||
23 | All other transmissions, whether semi-automatic or automatic, | ||||||
24 | shall be considered automatic for the purposes of the | ||||||
25 | standardized restriction code. | ||||||
26 | (21.1) Medical examiner. "Medical examiner" means a person |
| |||||||
| |||||||
1 | who is licensed, certified, or registered in accordance with | ||||||
2 | applicable state laws and regulations to perform physical | ||||||
3 | examinations. The term includes but is not limited to doctors | ||||||
4 | of medicine, doctors of osteopathy, physician assistants, | ||||||
5 | advanced practice nurses, and doctors of chiropractic. | ||||||
6 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
7 | certificate" means a document prescribed or approved by the | ||||||
8 | Secretary of State that is issued by a medical examiner to a | ||||||
9 | driver to medically qualify him or her to drive. | ||||||
10 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
11 | has received one of the following from the Federal Motor | ||||||
12 | Carrier Safety Administration which allows the driver to be | ||||||
13 | issued a medical certificate: (1) an exemption letter | ||||||
14 | permitting operation of a commercial motor vehicle pursuant to | ||||||
15 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
16 | skill performance evaluation (SPE) certificate permitting | ||||||
17 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
18 | 391.49. | ||||||
19 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
20 | communication device that falls under or uses any commercial | ||||||
21 | mobile radio service, as defined in regulations of the Federal | ||||||
22 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
23 | two-way or citizens band radio services. | ||||||
24 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
25 | which is self-propelled, and every vehicle which is propelled | ||||||
26 | by electric
power obtained from over head trolley wires but not |
| |||||||
| |||||||
1 | operated upon rails,
except vehicles moved solely by human | ||||||
2 | power and motorized wheel chairs.
| ||||||
3 | (22.2) Motor vehicle record. "Motor vehicle record" means a | ||||||
4 | report of the driving status and history of a driver generated | ||||||
5 | from the driver record provided to users, such as drivers or | ||||||
6 | employers, and is subject to the provisions of the Driver | ||||||
7 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
8 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
9 | combination of motor vehicles not defined by the term | ||||||
10 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
11 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
12 | means a person who operates or expects to operate in interstate | ||||||
13 | commerce, is subject to and meets the qualification | ||||||
14 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
15 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
16 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
17 | means a person who operates only in intrastate commerce and is | ||||||
18 | subject to State driver qualification requirements. | ||||||
19 | (23) Non-domiciled CLP or Non-domiciled Non-resident CDL. | ||||||
20 | " Non-domiciled CLP" or "Non-domiciled Non-resident CDL" means | ||||||
21 | a CLP or CDL, respectively, commercial driver's
license issued | ||||||
22 | by a state or other jurisdiction under either of the following | ||||||
23 | two conditions: | ||||||
24 | (i) to an individual domiciled in a foreign country | ||||||
25 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
26 | of the Federal Motor Carrier Safety Administration.
|
| |||||||
| |||||||
1 | (ii) to an individual domiciled in another state | ||||||
2 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
3 | of the Federal Motor Carrier Safety Administration.
| ||||||
4 | (24) (Blank).
| ||||||
5 | (25) (Blank).
| ||||||
6 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
7 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
8 | while operating a commercial motor vehicle, of
any
of the | ||||||
9 | following:
| ||||||
10 | (A) Section 11-1201, 11-1202, or 11-1425 of this
| ||||||
11 | Code.
| ||||||
12 | (B) Any other similar
law or local ordinance of any | ||||||
13 | state relating to
railroad-highway grade crossing.
| ||||||
14 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
15 | vehicle used to transport pre-primary, primary, or secondary | ||||||
16 | school students from home to school, from school to home, or to | ||||||
17 | and from school-sponsored events. "School bus" does not include | ||||||
18 | a bus used as a common carrier.
| ||||||
19 | (26) Serious Traffic Violation. "Serious traffic | ||||||
20 | violation"
means:
| ||||||
21 | (A) a conviction when operating a commercial motor | ||||||
22 | vehicle, or when operating a non-CMV while holding a CLP or | ||||||
23 | CDL,
of:
| ||||||
24 | (i) a violation relating to excessive speeding,
| ||||||
25 | involving a single speeding charge of 15 miles per hour | ||||||
26 | or more above the
legal speed limit; or
|
| |||||||
| |||||||
1 | (ii) a violation relating to reckless driving; or
| ||||||
2 | (iii) a violation of any State law or local | ||||||
3 | ordinance relating to motor
vehicle traffic control | ||||||
4 | (other than parking violations) arising in
connection | ||||||
5 | with a fatal traffic accident; or
| ||||||
6 | (iv) a violation of Section 6-501, relating to | ||||||
7 | having multiple driver's
licenses; or
| ||||||
8 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
9 | relating to the
requirement to have a valid CDL; or
| ||||||
10 | (vi) a violation relating to improper or erratic | ||||||
11 | traffic lane changes;
or
| ||||||
12 | (vii) a violation relating to following another | ||||||
13 | vehicle too closely; or
| ||||||
14 | (viii) a violation relating to texting while | ||||||
15 | driving; or | ||||||
16 | (ix) a violation relating to the use of a hand-held | ||||||
17 | mobile telephone while driving; or
| ||||||
18 | (B) any other similar violation of a law or local
| ||||||
19 | ordinance of any state relating to motor vehicle traffic | ||||||
20 | control, other
than a parking violation, which the | ||||||
21 | Secretary of State determines by
administrative rule to be | ||||||
22 | serious.
| ||||||
23 | (27) State. "State" means a state of the United States, the | ||||||
24 | District of
Columbia and any province or territory of Canada.
| ||||||
25 | (28) (Blank).
| ||||||
26 | (29) (Blank).
|
| |||||||
| |||||||
1 | (30) (Blank).
| ||||||
2 | (31) (Blank).
| ||||||
3 | (32) Texting. "Texting" means manually entering | ||||||
4 | alphanumeric text into, or reading text from, an electronic | ||||||
5 | device. | ||||||
6 | (1) Texting includes, but is not limited to, short | ||||||
7 | message service, emailing, instant messaging, a command or | ||||||
8 | request to access a World Wide Web page, pressing more than | ||||||
9 | a single button to initiate or terminate a voice | ||||||
10 | communication using a mobile telephone, or engaging in any | ||||||
11 | other form of electronic text retrieval or entry for | ||||||
12 | present or future communication. | ||||||
13 | (2) Texting does not include: | ||||||
14 | (i) inputting, selecting, or reading information | ||||||
15 | on a global positioning system or navigation system; or | ||||||
16 | (ii) pressing a single button to initiate or | ||||||
17 | terminate a voice communication using a mobile | ||||||
18 | telephone; or | ||||||
19 | (iii) using a device capable of performing | ||||||
20 | multiple functions (for example, a fleet management | ||||||
21 | system, dispatching device, smart phone, citizens band | ||||||
22 | radio, or music player) for a purpose that is not | ||||||
23 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
24 | Carrier Safety Regulations. | ||||||
25 | (32.3) Third party skills test examiner. "Third party | ||||||
26 | skills test examiner" means a person employed by a third party |
| |||||||
| |||||||
1 | tester who is authorized by the State to administer the CDL | ||||||
2 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
3 | (32.5) Third party tester. "Third party tester" means a | ||||||
4 | person (including, but not limited to, another state, a motor | ||||||
5 | carrier, a private driver training facility or other private | ||||||
6 | institution, or a department, agency, or instrumentality of a | ||||||
7 | local government) authorized by the State to employ skills test | ||||||
8 | examiners to administer the CDL skills tests specified in 49 | ||||||
9 | C.F.R. Part 383, subparts G and H. | ||||||
10 | (32.7) United States. "United States" means the 50 states | ||||||
11 | and the District of Columbia. | ||||||
12 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
13 | mobile telephone" means: | ||||||
14 | (1) using at least one hand to hold a mobile telephone | ||||||
15 | to conduct a voice communication; | ||||||
16 | (2) dialing or answering a mobile telephone by pressing | ||||||
17 | more than a single button; or | ||||||
18 | (3) reaching for a mobile telephone in a manner that | ||||||
19 | requires a driver to maneuver so that he or she is no | ||||||
20 | longer in a seated driving position, restrained by a seat | ||||||
21 | belt that is installed in accordance with 49 CFR 393.93 and | ||||||
22 | adjusted in accordance with the vehicle manufacturer's | ||||||
23 | instructions. | ||||||
24 | (Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | ||||||
25 | eff. 1-1-13; revised 8-3-12.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-502) (from Ch. 95 1/2, par. 6-502)
| ||||||
2 | Sec. 6-502.
Commercial motor vehicle drivers - reporting
of | ||||||
3 | traffic violations to the Secretary of State. When required by | ||||||
4 | the
Commercial Motor Vehicle Safety Act
of 1986, every person | ||||||
5 | who has been issued an Illinois
non-domiciled non-resident CLP | ||||||
6 | or non-domiciled CDL or who is a domiciliary of this State and | ||||||
7 | drives
a commercial motor vehicle in violation
of a law or | ||||||
8 | local ordinance of any State relating to motor vehicle
traffic | ||||||
9 | control (other than parking violations) in any other
state, | ||||||
10 | shall notify the Secretary of State, on a form and in
a manner | ||||||
11 | prescribed by the Secretary, of such violation
within 30 days | ||||||
12 | after the date such person has been convicted of such offense.
| ||||||
13 | (Source: P.A. 86-845.)
| ||||||
14 | (625 ILCS 5/6-503) (from Ch. 95 1/2, par. 6-503)
| ||||||
15 | Sec. 6-503.
Commercial motor vehicle drivers - reporting of | ||||||
16 | traffic
violations to employer. Every person who is
a | ||||||
17 | domiciliary of this State or who has been issued an Illinois | ||||||
18 | non-domiciled non-resident CLP or non-domiciled CDL
and drives | ||||||
19 | a commercial motor vehicle in
violation of a law or local | ||||||
20 | ordinance of any State
relating to motor vehicle
traffic | ||||||
21 | control (other than parking violations) in this or any other | ||||||
22 | state,
shall notify such person's employer of such violation
| ||||||
23 | within 30 days after the
date such person is convicted of such | ||||||
24 | offense.
| ||||||
25 | In the event such person is a "common carrier of property |
| |||||||
| |||||||
1 | by motor
vehicle", as defined in
Section 18c-1104 of this Code, | ||||||
2 | such person shall notify the
principal lessor of such within 30 | ||||||
3 | days after the date such person is
convicted of the violation. | ||||||
4 | However, if such person is
an independent contractor or owner | ||||||
5 | operator, such report shall be kept at
the principal place of | ||||||
6 | business and available during normal office hours
for | ||||||
7 | inspection and auditing purposes by an authorized agency.
| ||||||
8 | (Source: P.A. 86-845.)
| ||||||
9 | (625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
| ||||||
10 | Sec. 6-506. Commercial motor vehicle driver - | ||||||
11 | employer/owner
responsibilities. | ||||||
12 | (a) No employer or commercial motor
vehicle owner shall
| ||||||
13 | knowingly allow, permit,
authorize, or require an employee to | ||||||
14 | drive a commercial motor
vehicle on the highways during any | ||||||
15 | period in which such employee:
| ||||||
16 | (1) has a driver's license suspended, revoked or | ||||||
17 | cancelled by any state;
or
| ||||||
18 | (2) has lost the privilege to drive a commercial motor | ||||||
19 | vehicle in any
state; or
| ||||||
20 | (3) has been disqualified from driving a
commercial | ||||||
21 | motor vehicle; or
| ||||||
22 | (4) has more than one CLP or CDL driver's license , | ||||||
23 | except as provided
by this UCDLA; or
| ||||||
24 | (5) is subject to or in violation of an | ||||||
25 | "out-of-service" order ; or .
|
| |||||||
| |||||||
1 | (6) does not have a current CLP or CDL or a CLP or CDL | ||||||
2 | with the proper class or endorsements. An employer may not | ||||||
3 | use a driver to operate a CMV who violates any restriction | ||||||
4 | on the driver's CLP or CDL. | ||||||
5 | (b) No employer or commercial motor vehicle owner shall
| ||||||
6 | knowingly allow,
permit, authorize, or require a driver to | ||||||
7 | operate a commercial motor vehicle in
violation of any law or | ||||||
8 | regulation pertaining to railroad-highway grade
crossings.
| ||||||
9 | (b-3) No employer or commercial motor vehicle owner shall | ||||||
10 | knowingly allow, permit, authorize, or require a driver to | ||||||
11 | operate a commercial motor vehicle during any period in which | ||||||
12 | the commercial motor vehicle is subject to an "out-of-service" | ||||||
13 | order. | ||||||
14 | (b-5) No employer or commercial motor vehicle owner shall | ||||||
15 | knowingly allow, permit, authorize, or require a driver to | ||||||
16 | operate a commercial motor vehicle during any period in which | ||||||
17 | the motor carrier operation is subject to an "out-of-service" | ||||||
18 | order.
| ||||||
19 | (c) Any employer convicted of violating subsection (a), | ||||||
20 | (b-3), or (b-5) of this
Section, whether
individually or
in | ||||||
21 | connection with one or more other persons, or as principal | ||||||
22 | agent, or
accessory, shall be guilty of a Class A misdemeanor.
| ||||||
23 | (Source: P.A. 95-382, eff. 8-23-07.)
| ||||||
24 | (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| ||||||
25 | Sec. 6-507. Commercial Driver's License (CDL) or |
| |||||||
| |||||||
1 | Commercial Learner's Permit (CLP) Required.
| ||||||
2 | (a) Except as expressly permitted by this UCDLA, or when | ||||||
3 | driving
pursuant to the issuance of a commercial learner's | ||||||
4 | driver instruction permit and
accompanied by the holder of a | ||||||
5 | CDL valid for the vehicle being driven; no
person shall drive a | ||||||
6 | commercial motor vehicle on the highways without: | ||||||
7 | (1) a CDL in the driver's possession; | ||||||
8 | (2) having obtained a CLP or CDL; | ||||||
9 | (3) the proper class of CLP or CDL or endorsements or | ||||||
10 | both for the specific vehicle group being operated or for | ||||||
11 | the passengers or type of cargo being transported; or
| ||||||
12 | (4) a copy of a medical variance document, if one | ||||||
13 | exists, such as an exemption letter or a skill performance | ||||||
14 | evaluation certificate. | ||||||
15 | (a-5) A CLP or CDL holder whose CLP or CDL is held by this | ||||||
16 | State or any other state in the course of enforcement of a | ||||||
17 | motor vehicle traffic code and who has not been convicted of a | ||||||
18 | disqualifying offense under 49 C.F.R. 383.51 based on this | ||||||
19 | enforcement, may drive a CMV while holding a dated receipt for | ||||||
20 | the CLP or CDL. | ||||||
21 | (b) Except as otherwise provided by this Code, no person | ||||||
22 | may drive a
commercial motor vehicle on the highways while such | ||||||
23 | person's driving
privilege, license, or permit is:
| ||||||
24 | (1) Suspended, revoked, cancelled, or subject to
| ||||||
25 | disqualification. Any person convicted of violating this | ||||||
26 | provision or a
similar provision of this or any other state |
| |||||||
| |||||||
1 | shall have their driving
privileges revoked under | ||||||
2 | paragraph 12 of subsection (a) of Section 6-205 of
this | ||||||
3 | Code.
| ||||||
4 | (2) Subject to or in violation of an "out-of-service"
| ||||||
5 | order. Any person who has been issued a CLP or CDL and is | ||||||
6 | convicted of violating
this provision or a similar | ||||||
7 | provision of any other state shall be disqualified
from | ||||||
8 | operating a commercial motor vehicle under subsection (i) | ||||||
9 | of Section 6-514
of this Code.
| ||||||
10 | (3) Subject to or in violation of a driver or vehicle | ||||||
11 | "out of service" order while operating a vehicle designed | ||||||
12 | to transport 16 or more passengers, including the driver, | ||||||
13 | or transporting hazardous materials required to be | ||||||
14 | placarded. Any person who has been
issued a CLP or CDL and | ||||||
15 | is convicted of violating this provision or a similar
| ||||||
16 | provision of this or any other state shall be disqualified | ||||||
17 | from operating a
commercial motor vehicle under subsection | ||||||
18 | (i) of Section 6-514 of this Code.
| ||||||
19 | (b-3) Except as otherwise provided by this Code, no person | ||||||
20 | may drive a commercial motor vehicle on the highways during a | ||||||
21 | period which the commercial motor vehicle or the motor carrier | ||||||
22 | operation is subject to an "out-of-service" order. Any person | ||||||
23 | who is convicted of violating this provision or a similar | ||||||
24 | provision of any other state shall be disqualified from | ||||||
25 | operating a commercial motor vehicle under subsection (i) of | ||||||
26 | Section 6-514 of this Code. |
| |||||||
| |||||||
1 | (b-5) Except as otherwise provided by this Code, no person | ||||||
2 | may operate a vehicle designed to transport 16 or more | ||||||
3 | passengers including the driver or hazardous materials of a | ||||||
4 | type or quantity that requires the vehicle to be placarded | ||||||
5 | during a period in which the commercial motor vehicle or the | ||||||
6 | motor carrier operation is subject to an "out-of-service" | ||||||
7 | order. Any person who is convicted of violating this provision | ||||||
8 | or a similar provision of any other state shall be disqualified | ||||||
9 | from operating a commercial motor vehicle under subsection (i) | ||||||
10 | of Section 6-514 of this Code.
| ||||||
11 | (c) Pursuant to the options provided to the States by FHWA | ||||||
12 | Docket No.
MC-88-8, the driver of any motor vehicle controlled | ||||||
13 | or operated by or for a
farmer is waived from the requirements | ||||||
14 | of this Section, when such motor
vehicle is being used to | ||||||
15 | transport: agricultural products; implements of
husbandry; or | ||||||
16 | farm supplies; to and from a farm, as long as such movement is | ||||||
17 | not over 150 air
miles from the originating farm. This waiver | ||||||
18 | does not apply to
the driver of any motor vehicle
being used in | ||||||
19 | a common or contract carrier type operation.
However, for those | ||||||
20 | drivers of any truck-tractor
semitrailer combination or | ||||||
21 | combinations registered under subsection (c) of
Section 3-815 | ||||||
22 | of this Code, this waiver shall apply only when the
driver is a | ||||||
23 | farmer or a member of the farmer's family and the driver is 21
| ||||||
24 | years
of age or more and has successfully completed any
tests | ||||||
25 | the Secretary of State deems necessary.
| ||||||
26 | In addition, the farmer or a member of the farmer's family |
| |||||||
| |||||||
1 | who operates a
truck-tractor semitrailer combination or | ||||||
2 | combinations pursuant to this waiver
shall be granted all of | ||||||
3 | the rights and shall be subject to all of the duties
and | ||||||
4 | restrictions with respect to Sections 6-514 and 6-515 of this | ||||||
5 | Code
applicable to the driver who possesses a commercial | ||||||
6 | driver's license issued
under this Code, except that the driver | ||||||
7 | shall not be subject to any additional
duties or restrictions | ||||||
8 | contained
in Part 382 of the Federal Motor Carrier Safety | ||||||
9 | Regulations that are
not otherwise imposed under Section 6-514 | ||||||
10 | or 6-515 of this Code.
| ||||||
11 | For purposes of this subsection (c), a member of the | ||||||
12 | farmer's family is a
natural or in-law spouse, child, parent, | ||||||
13 | or sibling.
| ||||||
14 | (c-5) An employee of a township or road district with a | ||||||
15 | population of
less
than 3,000 operating a vehicle within the | ||||||
16 | boundaries of the township or road
district for the purpose of | ||||||
17 | removing snow or ice from a roadway by plowing,
sanding, or | ||||||
18 | salting is waived from the requirements of this Section when | ||||||
19 | the
employee is needed to operate the vehicle because the | ||||||
20 | employee of the township
or road district who ordinarily | ||||||
21 | operates the vehicle and who has a commercial
driver's license | ||||||
22 | is unable to operate the vehicle or is in need of additional
| ||||||
23 | assistance due to a snow emergency.
| ||||||
24 | (c-10) A driver of a commercial motor vehicle used | ||||||
25 | primarily in the transportation of propane winter heating fuel | ||||||
26 | or a driver of a motor vehicle used to respond to a pipeline |
| |||||||
| |||||||
1 | emergency is waived from the requirements of this Section if | ||||||
2 | such requirements would prevent the driver from responding to | ||||||
3 | an emergency condition requiring immediate response as defined | ||||||
4 | in 49 C.F.R. Part 390.5. | ||||||
5 | (d) Any person convicted of violating this Section, shall | ||||||
6 | be guilty of a
Class A misdemeanor.
| ||||||
7 | (e) Any person convicted of violating paragraph (1) of | ||||||
8 | subsection (b) of this Section,
shall have all driving | ||||||
9 | privileges revoked by the Secretary of State.
| ||||||
10 | (f) This Section shall not apply to:
| ||||||
11 | (1) A person who currently holds a valid Illinois | ||||||
12 | driver's license,
for the type of vehicle being operated, | ||||||
13 | until the expiration of such
license or April 1, 1992, | ||||||
14 | whichever is earlier; or
| ||||||
15 | (2) A non-Illinois domiciliary who is properly | ||||||
16 | licensed in another
State, until April 1, 1992. A | ||||||
17 | non-Illinois domiciliary, if such
domiciliary is properly | ||||||
18 | licensed in another State or foreign jurisdiction,
until | ||||||
19 | April 1, 1992.
| ||||||
20 | (Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229, | ||||||
21 | eff. 7-28-11; 97-813, eff. 7-13-12.)
| ||||||
22 | (625 ILCS 5/6-507.5 new) | ||||||
23 | Sec. 6-507.5. Application for Commercial Learner's Permit | ||||||
24 | (CLP). | ||||||
25 | (a) The application for a CLP must include, but is not |
| |||||||
| |||||||
1 | limited to, the following: | ||||||
2 | (1) the driver applicant's full legal name and current | ||||||
3 | Illinois domiciliary address, unless the driver applicant | ||||||
4 | is from a foreign country and is applying for a | ||||||
5 | non-domiciled CLP in which case the driver applicant shall | ||||||
6 | submit proof of Illinois residency or the driver applicant | ||||||
7 | is from another state and is applying for a non-domiciled | ||||||
8 | CLP in which case the driver applicant shall submit proof | ||||||
9 | of domicile in the state which issued the driver | ||||||
10 | applicant's Non-CDL; | ||||||
11 | (2) a physical description of the driver applicant | ||||||
12 | including gender, height, weight, color of eyes, and hair | ||||||
13 | color; | ||||||
14 | (3) date of birth; | ||||||
15 | (4) the driver applicant's social security number; | ||||||
16 | (5) the driver applicant's signature; | ||||||
17 | (6) the names of all states where the driver applicant | ||||||
18 | has previously been licensed to drive any type of motor | ||||||
19 | vehicle during the previous 10 years under 49 C.F.R. Part | ||||||
20 | 383; | ||||||
21 | (7) proof of citizenship or lawful permanent residency | ||||||
22 | as set forth in Table 1 of 49 C.F.R. 383.71, unless the | ||||||
23 | driver applicant is from a foreign country and is applying | ||||||
24 | for a non-domiciled CLP, in which case the applicant must | ||||||
25 | provide an unexpired employment authorization document | ||||||
26 | (EAD) issued by USCIS or an unexpired foreign passport |
| |||||||
| |||||||
1 | accompanied by an approved I-94 form documenting the | ||||||
2 | applicant's most recent admittance into the United States; | ||||||
3 | and | ||||||
4 | (8) any other information required by the Secretary of | ||||||
5 | State. | ||||||
6 | (b) No CLP shall be issued to a driver applicant unless the | ||||||
7 | applicant has taken and passed a general knowledge test that | ||||||
8 | meets the federal standards contained in 49 C.F.R. Part 383, | ||||||
9 | subparts F, G, and H for the commercial motor vehicle the | ||||||
10 | applicant expects to operate. | ||||||
11 | (c) No CLP shall be issued to a driver applicant unless the | ||||||
12 | applicant possesses a valid Illinois driver's license or if the | ||||||
13 | applicant is applying for a non-domiciled CLP under subsection | ||||||
14 | (b) of Section 6-509 of this Code, in which case the driver | ||||||
15 | applicant must possess a valid driver's license from his or her | ||||||
16 | state of domicile. | ||||||
17 | (d) No CLP shall be issued to a person under 18 years of | ||||||
18 | age. | ||||||
19 | (e) No person shall be issued a CLP unless the person | ||||||
20 | certifies to the Secretary one of the following types of | ||||||
21 | driving operations in which he or she will be engaged: | ||||||
22 | (1) non-excepted interstate; | ||||||
23 | (2) non-excepted intrastate; | ||||||
24 | (3) excepted interstate; or | ||||||
25 | (4) excepted intrastate. | ||||||
26 | (f) No person shall be issued a CLP unless the person |
| |||||||
| |||||||
1 | certifies to the Secretary that he or she is not subject to any | ||||||
2 | disqualification under 49 C.F.R. 383.51, or any license | ||||||
3 | disqualification under State law, and that he or she does not | ||||||
4 | have a driver's license from more than one state or | ||||||
5 | jurisdiction. | ||||||
6 | (g) No CLP shall be issued to a person while the person is | ||||||
7 | subject to a disqualification from driving a commercial motor | ||||||
8 | vehicle, unless otherwise permitted by this Code, while the | ||||||
9 | person's driver's license is suspended, revoked, or cancelled | ||||||
10 | in any state, or any territory or province of Canada; nor may a | ||||||
11 | CLP be issued to a person who has a CLP or CDL issued by any | ||||||
12 | other state or foreign jurisdiction, unless the person | ||||||
13 | surrenders all of these licenses. No CLP shall be issued to or | ||||||
14 | renewed for a person who does not meet the requirement of 49 | ||||||
15 | C.F.R. 391.41(b)(11). The requirement may be met with the aid | ||||||
16 | of a hearing aid. | ||||||
17 | (h) No CLP with a Passenger, School Bus or Tank Vehicle | ||||||
18 | endorsement shall be issued to a person unless the driver | ||||||
19 | applicant has taken and passed the knowledge test for each | ||||||
20 | endorsement. | ||||||
21 | (1) A CLP holder with a Passenger (P) endorsement is | ||||||
22 | prohibited from operating a CMV carrying passengers, other | ||||||
23 | than federal or State auditors and inspectors, test | ||||||
24 | examiners, or other trainees, and the CDL holder | ||||||
25 | accompanying the CLP holder as prescribed by subsection (a) | ||||||
26 | of Section 6-507 of this Code. The P endorsement must be |
| |||||||
| |||||||
1 | class specific. | ||||||
2 | (2) A CLP holder with a School Bus (S) endorsement is | ||||||
3 | prohibited from operating a school bus with passengers | ||||||
4 | other than federal or State auditors and inspectors, test | ||||||
5 | examiners, or other trainees, and the CDL holder | ||||||
6 | accompanying the CLP holder as prescribed by subsection (a) | ||||||
7 | of Section 6-507 of this Code. | ||||||
8 | (3) A CLP holder with a Tank Vehicle (N) endorsement | ||||||
9 | may only operate an empty tank vehicle and is prohibited | ||||||
10 | from operating any tank vehicle that previously contained | ||||||
11 | hazardous material that has not been purged of all residue. | ||||||
12 | (4) All other federal endorsements are prohibited on a | ||||||
13 | CLP. | ||||||
14 | (i) No CLP holder may operate a commercial motor vehicle | ||||||
15 | transporting hazardous material as defined in paragraph (20) of | ||||||
16 | Section 6-500 of this Code. | ||||||
17 | (j) The CLP holder must be accompanied by the holder of a | ||||||
18 | valid CDL who has the proper CDL group and endorsement | ||||||
19 | necessary to operate the CMV. The CDL holder must at all times | ||||||
20 | be physically present in the front seat of the vehicle next to | ||||||
21 | the CLP holder or, in the case of a passenger vehicle, directly | ||||||
22 | behind or in the first row behind the driver and must have the | ||||||
23 | CLP holder under observation and direct supervision. | ||||||
24 | (k) A CLP is valid for 180 days from the date of issuance. | ||||||
25 | A CLP may be renewed for an additional 180 days without | ||||||
26 | requiring the CLP holder to retake the general and endorsement |
| |||||||
| |||||||
1 | knowledge tests. | ||||||
2 | (l) A CLP issued prior to July 1, 2014 for a limited time | ||||||
3 | period according to state requirements, shall be considered a | ||||||
4 | valid commercial driver's license for purposes of | ||||||
5 | behind-the-wheel training on public roads or highways. | ||||||
6 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
7 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
8 | qualification standards.
| ||||||
9 | (a) Testing.
| ||||||
10 | (1) General. No person shall be issued an original or | ||||||
11 | renewal CDL
unless that person is
domiciled in this State | ||||||
12 | or is applying for a non-domiciled CDL under Sections 6-509 | ||||||
13 | and 6-510 of this Code . The Secretary shall cause to be | ||||||
14 | administered such
tests as the Secretary deems necessary to | ||||||
15 | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | ||||||
16 | H, and J.
| ||||||
17 | (1.5) Effective July 1, 2014, no person shall be issued | ||||||
18 | an original CDL or an upgraded CDL that requires a skills | ||||||
19 | test unless that person has held a CLP, for a minimum of 14 | ||||||
20 | calendar days, for the classification of vehicle and | ||||||
21 | endorsement, if any, for which the person is seeking a CDL. | ||||||
22 | (2) Third party testing. The Secretary of state may | ||||||
23 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
24 | Part 383.75 and 49 C.F.R. 384.228 and 384.229 , to | ||||||
25 | administer the
skills test or tests specified by Federal |
| |||||||
| |||||||
1 | Motor Carrier Safety
Administration pursuant to the
| ||||||
2 | Commercial Motor Vehicle Safety Act of 1986 and any | ||||||
3 | appropriate federal rule.
| ||||||
4 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
5 | the skills
test specified in this Section for a driver | ||||||
6 | applicant for a commercial driver license
who meets the | ||||||
7 | requirements of 49 C.F.R. Part 383.77 and Part 383.123 .
| ||||||
8 | (b-1) No person shall be issued a commercial driver | ||||||
9 | instruction permit or CDL unless the person certifies to the | ||||||
10 | Secretary one of the following types of driving operations in | ||||||
11 | which he or she will be engaged: | ||||||
12 | (1) non-excepted interstate; | ||||||
13 | (2) non-excepted intrastate; | ||||||
14 | (3) excepted interstate; or | ||||||
15 | (4) excepted intrastate. | ||||||
16 | (b-2) (Blank). Persons who hold a commercial driver | ||||||
17 | instruction permit or CDL on January 30, 2012 must certify to | ||||||
18 | the Secretary no later than January 30, 2014 one of the | ||||||
19 | following applicable self-certifications: | ||||||
20 | (1) non-excepted interstate; | ||||||
21 | (2) non-excepted intrastate; | ||||||
22 | (3) excepted interstate; or | ||||||
23 | (4) excepted intrastate. | ||||||
24 | (c) Limitations on issuance of a CDL. A CDL , or a | ||||||
25 | commercial driver
instruction permit, shall not be issued to a | ||||||
26 | person while the person is
subject to a disqualification from |
| |||||||
| |||||||
1 | driving a commercial motor vehicle, or
unless otherwise | ||||||
2 | permitted by this Code, while the person's driver's
license is | ||||||
3 | suspended, revoked or cancelled in
any state, or any territory | ||||||
4 | or province of Canada; nor may a CLP or CDL be issued
to a | ||||||
5 | person who has a CLP or CDL issued by any other state, or | ||||||
6 | foreign
jurisdiction, nor may a CDL be issued to a person who | ||||||
7 | has an Illinois CLP unless the person first surrenders all of | ||||||
8 | these such
licenses or permits . However, a person may hold an | ||||||
9 | Illinois CLP and an Illinois CDL providing the CLP is necessary | ||||||
10 | to train or practice for an endorsement or vehicle | ||||||
11 | classification not present on the current CDL. No CDL shall be | ||||||
12 | issued to or renewed for a person who does not
meet the | ||||||
13 | requirement of 49 CFR 391.41(b)(11). The requirement may be met | ||||||
14 | with
the aid of a hearing aid.
| ||||||
15 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
16 | driver endorsement
to allow a person to drive the type of bus | ||||||
17 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
18 | The CDL with a school bus driver endorsement may be
issued only | ||||||
19 | to a person meeting the following requirements:
| ||||||
20 | (1) the person has submitted his or her fingerprints to | ||||||
21 | the
Department of State Police in the form and manner
| ||||||
22 | prescribed by the Department of State Police. These
| ||||||
23 | fingerprints shall be checked against the fingerprint | ||||||
24 | records
now and hereafter filed in the Department of State | ||||||
25 | Police and
Federal Bureau of Investigation criminal | ||||||
26 | history records databases;
|
| |||||||
| |||||||
1 | (2) the person has passed a written test, administered | ||||||
2 | by the Secretary of
State, on charter bus operation, | ||||||
3 | charter bus safety, and certain special
traffic laws
| ||||||
4 | relating to school buses determined by the Secretary of | ||||||
5 | State to be relevant to
charter buses, and submitted to a | ||||||
6 | review of the driver applicant's driving
habits by the | ||||||
7 | Secretary of State at the time the written test is given;
| ||||||
8 | (3) the person has demonstrated physical fitness to | ||||||
9 | operate school buses
by
submitting the results of a medical | ||||||
10 | examination, including tests for drug
use; and
| ||||||
11 | (4) the person has not been convicted of committing or | ||||||
12 | attempting
to commit any
one or more of the following | ||||||
13 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
14 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
15 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
16 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
17 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
18 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
19 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
20 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
21 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
22 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
23 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
24 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
25 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
26 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
|
| |||||||
| |||||||
1 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
2 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||||||
3 | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||||||
4 | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||||||
5 | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||||||
6 | Section 12-3.05, and in subsection (a) and subsection (b), | ||||||
7 | clause (1), of Section
12-4, and in subsection (A), clauses | ||||||
8 | (a) and (b), of Section 24-3, and those offenses contained | ||||||
9 | in Article 29D of the Criminal Code of 1961 or the Criminal | ||||||
10 | Code of 2012; (ii) those offenses defined in the
Cannabis | ||||||
11 | Control Act except those offenses defined in subsections | ||||||
12 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
13 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
14 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
15 | offenses defined in the Methamphetamine Control and | ||||||
16 | Community Protection Act; (v) any offense committed or | ||||||
17 | attempted in any other state or against
the laws of the | ||||||
18 | United States, which if committed or attempted in this
| ||||||
19 | State would be punishable as one or more of the foregoing | ||||||
20 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
21 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
23 | those offenses defined in Section 6-16 of the Liquor | ||||||
24 | Control Act of
1934; and (viii) those offenses defined in | ||||||
25 | the Methamphetamine Precursor Control Act.
| ||||||
26 | The Department of State Police shall charge
a fee for |
| |||||||
| |||||||
1 | conducting the criminal history records check, which shall be
| ||||||
2 | deposited into the State Police Services Fund and may not | ||||||
3 | exceed the actual
cost of the records check.
| ||||||
4 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
5 | endorsement to allow a person to drive a school bus as defined | ||||||
6 | in this Section. The CDL shall be issued according to the | ||||||
7 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
8 | operate a school bus as defined in this Section without a | ||||||
9 | school bus endorsement. The Secretary of State may adopt rules | ||||||
10 | consistent with Federal guidelines to implement this | ||||||
11 | subsection (c-2).
| ||||||
12 | (d) (Blank). Commercial driver instruction permit. A | ||||||
13 | commercial driver
instruction permit may be issued to any | ||||||
14 | person holding a valid Illinois
driver's license if such person | ||||||
15 | successfully passes such tests as the
Secretary determines to | ||||||
16 | be necessary.
A commercial driver instruction permit shall not | ||||||
17 | be issued to a person who
does not meet
the requirements of 49 | ||||||
18 | CFR 391.41 (b)(11), except for the renewal of a
commercial | ||||||
19 | driver
instruction permit for a person who possesses a | ||||||
20 | commercial instruction permit
prior to the
effective date of | ||||||
21 | this amendatory Act of 1999.
| ||||||
22 | (Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1, | ||||||
23 | Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff. | ||||||
24 | 7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||||||
25 | eff. 1-1-13; 97-1150, eff. 1-25-13.) |
| |||||||
| |||||||
1 | (625 ILCS 5/6-508.1) | ||||||
2 | Sec. 6-508.1. Medical Examiner's Certificate. | ||||||
3 | (a) It shall be unlawful for any person to drive a CMV in | ||||||
4 | non-excepted interstate commerce unless the person holds a CLP | ||||||
5 | or CDL and is medically certified as physically qualified to do | ||||||
6 | so. | ||||||
7 | (b) No person who has certified to non-excepted interstate | ||||||
8 | driving as provided in Sections 6-507.5 and Section 6-508 of | ||||||
9 | this Code shall be issued a commercial learner's driver | ||||||
10 | instruction permit or CDL unless that person presents to the | ||||||
11 | Secretary a medical examiner's certificate or has a current | ||||||
12 | medical examiner's certificate on the CDLIS driver record. | ||||||
13 | (c) Persons who hold a commercial driver instruction permit | ||||||
14 | or CDL on January 30, 2012 who have certified as non-excepted | ||||||
15 | interstate as provided in Section 6-508 of this Code must | ||||||
16 | provide to the Secretary a medical examiner's certificate no | ||||||
17 | later than January 30, 2014. | ||||||
18 | (d) On and after As of January 30, 2014, all persons who | ||||||
19 | hold a commercial driver instruction permit or CDL who have | ||||||
20 | certified as non-excepted interstate shall maintain a current | ||||||
21 | medical examiner's certificate on file with the Secretary. On | ||||||
22 | and after July 1, 2014, all persons issued a CLP who have | ||||||
23 | certified as non-excepted interstate shall maintain a current | ||||||
24 | medical examiner's certificate on file with the Secretary. | ||||||
25 | (e) Within 10 calendar days of receipt of a medical | ||||||
26 | examiner's certificate of a driver who has certified as |
| |||||||
| |||||||
1 | non-excepted interstate, the Secretary shall post the | ||||||
2 | following to the CDLIS driver record: | ||||||
3 | (1) the medical examiner's name; | ||||||
4 | (2) the medical examiner's telephone number; | ||||||
5 | (3) the date of issuance of the medical examiner's | ||||||
6 | certificate; | ||||||
7 | (4) the medical examiner's license number and the state | ||||||
8 | that issued it; | ||||||
9 | (5) the medical certification status; | ||||||
10 | (6) the expiration date of the medical examiner's | ||||||
11 | certificate; | ||||||
12 | (7) the existence of any medical variance on the | ||||||
13 | medical examiner's certificate or grandfather provisions; | ||||||
14 | (8) any restrictions noted on the medical examiner's | ||||||
15 | certificate; and | ||||||
16 | (9) the date the medical examiner's certificate | ||||||
17 | information was posted to the CDLIS driver record. | ||||||
18 | (f) Within 10 calendar days of the expiration or rescission | ||||||
19 | of the driver's medical examiner's certificate or medical | ||||||
20 | variance or both, the Secretary shall update the medical | ||||||
21 | certification status to "not certified". | ||||||
22 | (g) Within 10 calendar days of receipt of information from | ||||||
23 | the Federal Motor Carrier Safety Administration regarding | ||||||
24 | issuance or renewal of a medical variance, the Secretary shall | ||||||
25 | update the CDLIS driver record to include the medical variance | ||||||
26 | information provided by the Federal Motor Carrier Safety |
| |||||||
| |||||||
1 | Administration. | ||||||
2 | (h) The Secretary shall notify the driver of his or her | ||||||
3 | non-certified status and that his or her CDL will be canceled | ||||||
4 | unless the driver submits a current medical examiner's | ||||||
5 | certificate or medical variance or changes his or her | ||||||
6 | self-certification to driving only in excepted or intrastate | ||||||
7 | commerce. | ||||||
8 | (i) Within 60 calendar days of a driver's medical | ||||||
9 | certification status becoming non-certified, the Secretary | ||||||
10 | shall cancel the CDL.
| ||||||
11 | (Source: P.A. 97-208, eff. 1-1-12.)
| ||||||
12 | (625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
| ||||||
13 | Sec. 6-509. Non-domiciled commercial learner's permit and | ||||||
14 | non-domiciled Non-resident commercial driver's license. | ||||||
15 | (a) The Secretary
of State may issue a non-domiciled CLP or | ||||||
16 | non-domiciled non-resident CDL to a domiciliary of a foreign
| ||||||
17 | jurisdiction if the United States Secretary of Transportation | ||||||
18 | has
determined that the commercial motor vehicle testing and | ||||||
19 | licensing
standards, in that foreign jurisdiction, do not meet | ||||||
20 | the testing standards
established in 49 C.F.R. Part 383. The | ||||||
21 | Secretary of State may also issue a non-resident CDL to an | ||||||
22 | individual domiciled in another state while that state is | ||||||
23 | prohibited from issuing CDLs in accordance with 49 C.F.R. Part | ||||||
24 | 384. A non-domiciled CLP or non-domiciled non-resident CDL | ||||||
25 | shall be issued in accordance with the testing and licensing |
| |||||||
| |||||||
1 | standards contained in subparts F, G, and H of 49 C.F.R. Part | ||||||
2 | 383. The word "Non-domiciled" "Non-resident" must appear on
the | ||||||
3 | face of the non-domiciled CLP or non-domiciled non-resident | ||||||
4 | CDL. A driver applicant must surrender any
non-domiciled CLP or | ||||||
5 | non-domiciled non-resident CDL, license or permit issued by any | ||||||
6 | other state.
| ||||||
7 | (b) If an individual is domiciled in a state while that | ||||||
8 | state is prohibited from issuing CDLs in accordance with 49 | ||||||
9 | C.F.R. Part 384.405, that individual is eligible to obtain a | ||||||
10 | non-domiciled CLP or non-domiciled non-resident CDL from any | ||||||
11 | state that elects to issue a non-domiciled CLP or non-domiciled | ||||||
12 | non-resident CDL and which complies with the testing and | ||||||
13 | licensing standards contained in subparts F, G, and H of 49 | ||||||
14 | C.F.R. Part 383.23.
"Non-domiciled" must appear on the face of | ||||||
15 | the non-domiciled CLP or non-domiciled CDL. A driver applicant | ||||||
16 | must surrender any non-domiciled CLP or non-domiciled CDL | ||||||
17 | issued in any other state. | ||||||
18 | (Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
| ||||||
19 | (625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
| ||||||
20 | Sec. 6-510. Application for Commercial Driver's License | ||||||
21 | (CDL).
The application for a CDL or commercial driver | ||||||
22 | instruction permit,
must include, but is not necessarily be | ||||||
23 | limited to, the following:
| ||||||
24 | (1) the driver applicant's full legal name and current | ||||||
25 | Illinois domiciliary address ,
( unless the
driver applicant |
| |||||||
| |||||||
1 | is from a foreign country and is applying application is | ||||||
2 | for a non-domiciled Non-resident CDL ) in which case the | ||||||
3 | driver applicant shall submit proof of Illinois residency | ||||||
4 | or the driver applicant is from another state and is | ||||||
5 | applying for a non-domiciled CDL in which case the driver | ||||||
6 | applicant shall submit proof of domicile in the state which | ||||||
7 | issued the driver applicant's Non-CDL of the driver | ||||||
8 | applicant ;
| ||||||
9 | (2) a physical description of the driver applicant | ||||||
10 | including gender sex , height,
weight, color of eyes , and | ||||||
11 | hair color;
| ||||||
12 | (3) date of birth;
| ||||||
13 | (4) the driver applicant's social security number;
| ||||||
14 | (5) the driver applicant's signature;
| ||||||
15 | (6) certifications required by 49 C.F.R. Part 383.71; | ||||||
16 | (6.1) the names of all states where the driver
| ||||||
17 | applicant has previously been licensed to drive any type of | ||||||
18 | motor vehicle during the previous 10 years pursuant to 49 | ||||||
19 | C.F.R. Part 383; and
| ||||||
20 | (6.2) proof of citizenship or lawful permanent | ||||||
21 | residency as set forth in Table 1 of 49 C.F.R. 383.71, | ||||||
22 | unless the driver applicant is from a foreign country and | ||||||
23 | is applying for a non-domiciled CDL, in which case the | ||||||
24 | applicant must provide an unexpired employment | ||||||
25 | authorization document (EAD) issued by USCIS or an | ||||||
26 | unexpired foreign passport accompanied by an approved I-94 |
| |||||||
| |||||||
1 | form documenting the applicant's most recent admittance | ||||||
2 | into the United States; and | ||||||
3 | (7) any other information required by the Secretary of | ||||||
4 | State.
| ||||||
5 | (Source: P.A. 97-263, eff. 8-5-11.)
| ||||||
6 | (625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
| ||||||
7 | Sec. 6-511. Change of legal name or domiciliary address.
| ||||||
8 | (a) All persons to
whom a CLP or CDL has been issued, shall
| ||||||
9 | notify the Driver Services Department of the
Secretary of
| ||||||
10 | State's Office within 10 days of any change in
domiciliary | ||||||
11 | address.
In addition, the such person shall make application | ||||||
12 | for a corrected CLP or CDL within
30 days after the of any such | ||||||
13 | change.
| ||||||
14 | (b) Any person to whom a CLP or CDL has been issued whose | ||||||
15 | legal name has changed
from the name on the previously-issued | ||||||
16 | CLP or CDL shall apply for a corrected card
within 30 days | ||||||
17 | after the change.
| ||||||
18 | (Source: P.A. 93-895, eff. 1-1-05.)
| ||||||
19 | (625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
| ||||||
20 | Sec. 6-512.
Unlawful operation of a commercial motor | ||||||
21 | vehicle
pursuant to a non-Illinois issued CLP or CDL. No | ||||||
22 | person, after becoming a
domiciliary of this State for 30 days | ||||||
23 | or
more, shall drive a commercial motor vehicle on the highways | ||||||
24 | of this State
pursuant to the authority of a CLP or CDL issued |
| |||||||
| |||||||
1 | by any other State or foreign jurisdiction.
| ||||||
2 | (Source: P.A. 86-845.)
| ||||||
3 | (625 ILCS 5/6-512.5 new) | ||||||
4 | Sec. 6-512.5. Commercial Learner's Permit or CLP. | ||||||
5 | (a) The content of the CLP shall include, but is not | ||||||
6 | limited to, the following: | ||||||
7 | (1) A CLP shall be distinctly marked "Commercial | ||||||
8 | Learner's Permit" or "CLP" and that it is invalid unless | ||||||
9 | accompanied by the underlying driver's license issued by | ||||||
10 | the State of Illinois; | ||||||
11 | (2) the full legal name and the Illinois domiciliary | ||||||
12 | address (unless it is a non-domiciled CLP) of the person to | ||||||
13 | whom the CLP is issued; | ||||||
14 | (3) a physical description of the person including | ||||||
15 | gender, height, weight, color of eyes, and hair color; | ||||||
16 | (4) date of birth; | ||||||
17 | (5) the Illinois driver's license number assigned by | ||||||
18 | the Secretary of State; | ||||||
19 | (6) the person's signature; | ||||||
20 | (7) an indicator showing that the CLP was issued by the | ||||||
21 | State of Illinois; | ||||||
22 | (8) the date of issuance and the date of expiration of | ||||||
23 | the CLP; | ||||||
24 | (9) the class or type of commercial vehicle or vehicles | ||||||
25 | which the person is authorized to drive together with any |
| |||||||
| |||||||
1 | endorsement or restriction. | ||||||
2 | (b) If the CLP is a non-domiciled CLP, it must contain the | ||||||
3 | prominent statement that the permit is a "Non-domiciled | ||||||
4 | Commercial Learner's Permit" or "Non-domiciled CLP". | ||||||
5 | (c) Applicant Record Check. Prior to issuing, renewing, | ||||||
6 | upgrading, or transferring a CLP, the Secretary of State shall | ||||||
7 | obtain, review, and maintain upon issuance, renewal, upgrade, | ||||||
8 | or transfer the driver applicant's driving record as required | ||||||
9 | by 49 C.F.R. Parts 383 and 384 and the United States Secretary | ||||||
10 | of Transportation. | ||||||
11 | (d) Notification of Commercial Learner's Permit (CLP) | ||||||
12 | Issuance and Self-Certification. Within 10 days after issuing a | ||||||
13 | CLP, the Secretary of State must notify the Commercial Driver | ||||||
14 | License Information System of that fact, and provide all | ||||||
15 | information required to ensure identification of the person. | ||||||
16 | The Secretary shall also post the driver's self-certification | ||||||
17 | for the type of driving operations to the CDLIS driver record. | ||||||
18 | (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
| ||||||
19 | Sec. 6-513. Commercial Driver's License or CDL. The content | ||||||
20 | of the CDL
shall include, but is not necessarily be limited to | ||||||
21 | the following:
| ||||||
22 | (a) A CDL shall be distinctly marked "Commercial Driver's | ||||||
23 | License" or
"CDL". It must include, but is not necessarily be | ||||||
24 | limited to, the following
information:
| ||||||
25 | (1) the full legal name and the Illinois domiciliary |
| |||||||
| |||||||
1 | address (unless it is
a
non-domiciled Non-resident CDL) of | ||||||
2 | the person to whom the CDL is issued;
| ||||||
3 | (2) a the person's color photograph of the person ;
| ||||||
4 | (3) a physical description of the person including | ||||||
5 | gender sex , height, and
may include weight, color of eyes , | ||||||
6 | and hair color;
| ||||||
7 | (4) date of birth;
| ||||||
8 | (5) a CDL or file number assigned by the Secretary of | ||||||
9 | State;
| ||||||
10 | (6) the person's signature;
| ||||||
11 | (7) the class or type of commercial vehicle or vehicles | ||||||
12 | which the
person is authorized to drive together with any | ||||||
13 | endorsements or restrictions;
| ||||||
14 | (8) the name of the issuing state;
| ||||||
15 | (9) the issuance and expiration dates of the CDL; and
| ||||||
16 | (10) the restriction code "V" if the driver has been | ||||||
17 | issued a medical variance. | ||||||
18 | (a-5) If the CDL is a non-domiciled CDL it must contain the | ||||||
19 | prominent statement that the license is a "Non-domiciled | ||||||
20 | Commercial Driver's License" or "Non-domiciled CDL". | ||||||
21 | (b) Applicant Record Check.
| ||||||
22 | Prior to issuing, renewing, upgrading, or transferring a | ||||||
23 | CDL, the Secretary of State shall
obtain, review, and maintain | ||||||
24 | upon issuance, renewal, upgrade, or transfer the driver
| ||||||
25 | applicant's driving record as required by 49 C.F.R. Part 383 | ||||||
26 | and Part 384
and the United States Secretary of Transportation.
|
| |||||||
| |||||||
1 | (c) Notification of Commercial Driver's License (CDL) | ||||||
2 | Issuance and Self-Certification.
| ||||||
3 | Within 10 days after issuing a CDL, the Secretary of State | ||||||
4 | must notify
the Commercial Driver License Information System of | ||||||
5 | that fact, and provide
all information required to ensure | ||||||
6 | identification of the person.
The Secretary shall also post the | ||||||
7 | driver's self-certification for the type of driving operations | ||||||
8 | to the CDLIS driver record.
| ||||||
9 | (c-5) Change in driver identification information. | ||||||
10 | Within 10 days of any change of driver identification | ||||||
11 | information on any CDL holder, the Secretary of State must | ||||||
12 | notify the Commercial Driver License Information System of the | ||||||
13 | change.
| ||||||
14 | (d) Renewal.
| ||||||
15 | Every person applying for a renewal of a CDL must complete | ||||||
16 | the
appropriate application form required by this Code and any | ||||||
17 | other test
deemed necessary by the Secretary.
| ||||||
18 | (Source: P.A. 97-208, eff. 1-1-12.)
| ||||||
19 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
20 | Sec. 6-514. Commercial Driver's License (CDL) - | ||||||
21 | Disqualifications.
| ||||||
22 | (a) A person shall be disqualified from driving a | ||||||
23 | commercial motor
vehicle for a period of not less than 12 | ||||||
24 | months for the first violation of:
| ||||||
25 | (1) Refusing to submit to or failure to complete a test |
| |||||||
| |||||||
1 | or tests to
determine the driver's blood concentration of | ||||||
2 | alcohol, other drug, or both,
while driving a commercial | ||||||
3 | motor vehicle or, if the driver is a CLP or CDL holder, | ||||||
4 | while driving a non-CMV; or
| ||||||
5 | (2) Operating a commercial motor vehicle while the | ||||||
6 | alcohol
concentration of the person's blood, breath or | ||||||
7 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
8 | or compound in the person's blood or urine
resulting from | ||||||
9 | the unlawful use or consumption of cannabis listed in the
| ||||||
10 | Cannabis Control Act, a controlled substance listed in the | ||||||
11 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
12 | listed in the Methamphetamine Control and Community | ||||||
13 | Protection Act as indicated by a police officer's sworn | ||||||
14 | report or
other verified evidence; or operating a | ||||||
15 | non-commercial motor vehicle while the alcohol | ||||||
16 | concentration of the person's blood, breath, or urine was | ||||||
17 | above the legal limit defined in Section 11-501.1 or | ||||||
18 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
19 | the person's blood or urine resulting from the unlawful use | ||||||
20 | or consumption of cannabis listed in the Cannabis Control | ||||||
21 | Act, a controlled substance listed in the Illinois | ||||||
22 | Controlled Substances Act, or methamphetamine as listed in | ||||||
23 | the Methamphetamine Control and Community Protection Act
| ||||||
24 | as indicated by a police officer's sworn report or other | ||||||
25 | verified evidence while holding a CLP or CDL commercial | ||||||
26 | driver's license ; or
|
| |||||||
| |||||||
1 | (3) Conviction for a first violation of:
| ||||||
2 | (i) Driving a commercial motor vehicle or, if the | ||||||
3 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
4 | under the influence of
alcohol, or any other drug, or | ||||||
5 | combination of drugs to a degree which
renders such | ||||||
6 | person incapable of safely driving; or
| ||||||
7 | (ii) Knowingly leaving the scene of an accident | ||||||
8 | while
operating a commercial motor vehicle or, if the | ||||||
9 | driver is a CLP or CDL holder, while driving a non-CMV; | ||||||
10 | or
| ||||||
11 | (iii) Driving a commercial motor vehicle or, if the | ||||||
12 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
13 | committing any felony; or | ||||||
14 | (iv) Driving a commercial motor vehicle while the | ||||||
15 | person's driving privileges or driver's license or | ||||||
16 | permit is revoked, suspended, or cancelled or the | ||||||
17 | driver is disqualified from operating a commercial | ||||||
18 | motor vehicle; or | ||||||
19 | (v) Causing a fatality through the negligent | ||||||
20 | operation of a commercial motor vehicle, including but | ||||||
21 | not limited to the crimes of motor vehicle | ||||||
22 | manslaughter, homicide by a motor vehicle, and | ||||||
23 | negligent homicide. | ||||||
24 | As used in this subdivision (a)(3)(v), "motor | ||||||
25 | vehicle manslaughter" means the offense of involuntary | ||||||
26 | manslaughter if committed by means of a vehicle; |
| |||||||
| |||||||
1 | "homicide by a motor vehicle" means the offense of | ||||||
2 | first degree murder or second degree murder, if either | ||||||
3 | offense is committed by means of a vehicle; and | ||||||
4 | "negligent homicide" means reckless homicide under | ||||||
5 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 and aggravated driving under the | ||||||
7 | influence of alcohol, other drug or drugs, | ||||||
8 | intoxicating compound or compounds, or any combination | ||||||
9 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
10 | of this Code.
| ||||||
11 | If any of the above violations or refusals occurred | ||||||
12 | while
transporting hazardous material(s) required to be | ||||||
13 | placarded, the person
shall be disqualified for a period of | ||||||
14 | not less than 3 years.
| ||||||
15 | (b) A person is disqualified for life for a second | ||||||
16 | conviction of any of
the offenses specified in paragraph (a), | ||||||
17 | or any combination of those
offenses, arising from 2 or more | ||||||
18 | separate incidents.
| ||||||
19 | (c) A person is disqualified from driving a commercial | ||||||
20 | motor vehicle for
life if the person either (i) uses a | ||||||
21 | commercial motor vehicle in the commission of any felony
| ||||||
22 | involving the manufacture, distribution, or dispensing of a | ||||||
23 | controlled
substance, or possession with intent to | ||||||
24 | manufacture, distribute or dispense
a controlled substance or | ||||||
25 | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||||||
26 | commission of a felony involving any of those activities.
|
| |||||||
| |||||||
1 | (d) The Secretary of State may, when the United States | ||||||
2 | Secretary of
Transportation so authorizes, issue regulations | ||||||
3 | in which a disqualification
for life under paragraph (b) may be | ||||||
4 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
5 | driver is subsequently convicted of another disqualifying
| ||||||
6 | offense, as specified in subsection (a) of this Section, he or | ||||||
7 | she shall be
permanently disqualified for life and shall be | ||||||
8 | ineligible to again apply for a
reduction of the lifetime | ||||||
9 | disqualification.
| ||||||
10 | (e) A person is disqualified from driving a commercial | ||||||
11 | motor vehicle for
a period of not less than 2 months if | ||||||
12 | convicted of 2 serious traffic
violations, committed in a | ||||||
13 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
14 | or any combination thereof, arising from separate
incidents, | ||||||
15 | occurring within a 3 year period, provided the serious traffic | ||||||
16 | violation committed in a non-CMV would result in the suspension | ||||||
17 | or revocation of the CLP or CDL holder's non-CMV privileges. | ||||||
18 | However, a person will be
disqualified from driving a | ||||||
19 | commercial motor vehicle for a period of not less
than 4 months | ||||||
20 | if convicted of 3 serious traffic violations, committed in a
| ||||||
21 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
22 | or any combination thereof, arising from separate incidents, | ||||||
23 | occurring within a 3
year period, provided the serious traffic | ||||||
24 | violation committed in a non-CMV would result in the suspension | ||||||
25 | or revocation of the CLP or CDL holder's non-CMV privileges. If | ||||||
26 | all the convictions occurred in a non-CMV, the disqualification |
| |||||||
| |||||||
1 | shall be entered only if the convictions would result in the | ||||||
2 | suspension or revocation of the CLP or CDL holder's non-CMV | ||||||
3 | privileges.
| ||||||
4 | (e-1) (Blank).
| ||||||
5 | (f) Notwithstanding any other provision of this Code, any | ||||||
6 | driver
disqualified from operating a commercial motor vehicle, | ||||||
7 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
8 | of commercial driving
privileges during any such period of | ||||||
9 | disqualification.
| ||||||
10 | (g) After suspending, revoking, or cancelling a CLP or CDL | ||||||
11 | commercial driver's
license , the Secretary of State must update | ||||||
12 | the driver's records to reflect
such action within 10 days. | ||||||
13 | After suspending or revoking the driving privilege
of any | ||||||
14 | person who has been issued a CLP or CDL or commercial driver | ||||||
15 | instruction permit
from another jurisdiction, the Secretary | ||||||
16 | shall originate notification to
such issuing jurisdiction | ||||||
17 | within 10 days.
| ||||||
18 | (h) The "disqualifications" referred to in this Section | ||||||
19 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
20 | by the Secretary of
State, unless the prohibited action(s) | ||||||
21 | occurred after March 31, 1992.
| ||||||
22 | (i) A person is disqualified from driving a commercial | ||||||
23 | motor vehicle in
accordance with the following:
| ||||||
24 | (1) For 6 months upon a first conviction of paragraph | ||||||
25 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
26 | of this Code.
|
| |||||||
| |||||||
1 | (2) For 2 years upon a second conviction of paragraph | ||||||
2 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
3 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
4 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
5 | within a 10-year period if the second conviction is a | ||||||
6 | violation of paragraph (2) of subsection (b) or subsection | ||||||
7 | (b-3).
| ||||||
8 | (3) For 3 years upon a third or subsequent conviction | ||||||
9 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
10 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
11 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
12 | within a 10-year period if the third or subsequent | ||||||
13 | conviction is a violation of paragraph (2) of subsection | ||||||
14 | (b) or subsection (b-3).
| ||||||
15 | (4) For one year upon a first conviction of paragraph | ||||||
16 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
17 | of this Code.
| ||||||
18 | (5) For 3 years upon a second conviction of paragraph | ||||||
19 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
20 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
21 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
22 | within a 10-year period if the second conviction is a | ||||||
23 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
24 | (6) For 5 years upon a third or subsequent conviction | ||||||
25 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
26 | any combination of paragraphs (2) or (3) of subsection (b) |
| |||||||
| |||||||
1 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
2 | within a 10-year period if the third or subsequent | ||||||
3 | conviction is a violation of paragraph (3) of subsection | ||||||
4 | (b) or (b-5).
| ||||||
5 | (j) Disqualification for railroad-highway grade crossing
| ||||||
6 | violation.
| ||||||
7 | (1) General rule. A driver who is convicted of a | ||||||
8 | violation of a federal,
State, or
local law or regulation | ||||||
9 | pertaining to
one of the following 6 offenses at a | ||||||
10 | railroad-highway grade crossing must be
disqualified
from | ||||||
11 | operating a commercial motor vehicle for the period of time | ||||||
12 | specified in
paragraph (2) of this subsection (j) if the | ||||||
13 | offense was committed while
operating a commercial motor | ||||||
14 | vehicle:
| ||||||
15 | (i) For drivers who are not required to always | ||||||
16 | stop, failing to
slow down and check that the tracks | ||||||
17 | are clear of an approaching train or railroad track | ||||||
18 | equipment, as
described in subsection (a-5) of Section | ||||||
19 | 11-1201 of this Code;
| ||||||
20 | (ii) For drivers who are not required to always | ||||||
21 | stop, failing to
stop before reaching the crossing, if | ||||||
22 | the tracks are not clear, as described in
subsection | ||||||
23 | (a) of Section 11-1201 of this Code;
| ||||||
24 | (iii) For drivers who are always required to stop, | ||||||
25 | failing to stop
before driving onto the crossing, as | ||||||
26 | described in Section 11-1202 of this Code;
|
| |||||||
| |||||||
1 | (iv) For all drivers, failing to have sufficient | ||||||
2 | space to drive
completely through the crossing without | ||||||
3 | stopping, as described in subsection
(b) of Section | ||||||
4 | 11-1425 of this Code;
| ||||||
5 | (v) For all drivers, failing to obey a traffic | ||||||
6 | control device or
the directions of an enforcement | ||||||
7 | official at the crossing, as described in
subdivision | ||||||
8 | (a)2 of Section 11-1201 of this Code;
| ||||||
9 | (vi) For all drivers, failing to negotiate a | ||||||
10 | crossing because of
insufficient undercarriage | ||||||
11 | clearance, as described in subsection (d-1) of
Section | ||||||
12 | 11-1201 of this Code.
| ||||||
13 | (2) Duration of disqualification for railroad-highway | ||||||
14 | grade
crossing violation.
| ||||||
15 | (i) First violation. A driver must be disqualified | ||||||
16 | from operating a
commercial motor vehicle
for not less | ||||||
17 | than 60 days if the driver is convicted of a violation | ||||||
18 | described
in paragraph
(1) of this subsection (j) and, | ||||||
19 | in the three-year period preceding the
conviction, the | ||||||
20 | driver
had no convictions for a violation described in | ||||||
21 | paragraph (1) of this
subsection (j).
| ||||||
22 | (ii) Second violation. A driver must be | ||||||
23 | disqualified from operating a
commercial
motor vehicle
| ||||||
24 | for not less
than 120 days if the driver is convicted
| ||||||
25 | of a violation described in paragraph (1) of this | ||||||
26 | subsection (j) and, in the
three-year
period preceding |
| |||||||
| |||||||
1 | the conviction, the driver had one other conviction for | ||||||
2 | a
violation
described in paragraph (1) of this | ||||||
3 | subsection (j) that was committed in a
separate
| ||||||
4 | incident.
| ||||||
5 | (iii) Third or subsequent violation. A driver must | ||||||
6 | be disqualified from
operating a
commercial motor | ||||||
7 | vehicle
for not less than one year if the driver is | ||||||
8 | convicted
of a violation described in paragraph (1) of | ||||||
9 | this subsection (j) and, in the
three-year
period | ||||||
10 | preceding the conviction, the driver had 2 or more | ||||||
11 | other convictions for
violations
described in | ||||||
12 | paragraph (1) of this subsection (j) that were | ||||||
13 | committed in
separate incidents.
| ||||||
14 | (k) Upon notification of a disqualification of a driver's | ||||||
15 | commercial motor vehicle privileges imposed by the U.S. | ||||||
16 | Department of Transportation, Federal Motor Carrier Safety | ||||||
17 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
18 | Secretary of State shall immediately record to the driving | ||||||
19 | record the notice of disqualification and confirm to the driver | ||||||
20 | the action that has been taken.
| ||||||
21 | (Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10; | ||||||
22 | 96-1244, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1150, eff. | ||||||
23 | 1-25-13.)
| ||||||
24 | (625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
| ||||||
25 | Sec. 6-518. Notification of Traffic Convictions. |
| |||||||
| |||||||
1 | (a) Within 5 days after
receiving a report of an Illinois | ||||||
2 | conviction, or other verified evidence,
of any driver who has | ||||||
3 | been issued a CLP or CDL by another State, for a violation
of | ||||||
4 | any law or local ordinance of this State, relating to motor
| ||||||
5 | vehicle traffic control, other than parking violations, | ||||||
6 | committed in any motor vehicle, the Secretary of State must | ||||||
7 | notify the driver
licensing authority which issued such CLP or | ||||||
8 | CDL of said conviction.
| ||||||
9 | (b) Within 5 days after
receiving a report of an Illinois | ||||||
10 | conviction, or other verified evidence,
of any driver from | ||||||
11 | another state, for a violation
of any law or local ordinance of | ||||||
12 | this State, relating to motor
vehicle traffic control, other | ||||||
13 | than parking violations, committed in a commercial motor | ||||||
14 | vehicle, the Secretary of State must notify the driver
| ||||||
15 | licensing authority which issued the person's driver's license | ||||||
16 | of the conviction.
| ||||||
17 | (Source: P.A. 96-1080, eff. 7-16-10.)
| ||||||
18 | (625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
| ||||||
19 | Sec. 6-523. Reciprocity. | ||||||
20 | (a) Notwithstanding any law to the contrary, a
person may | ||||||
21 | drive a commercial motor vehicle in this State if the such | ||||||
22 | person has
a valid CDL, non-domiciled CDL, CLP, or | ||||||
23 | non-domiciled CLP commercial driver's license or CDL | ||||||
24 | instruction permit issued by
another State or foreign | ||||||
25 | jurisdiction as long as that such person has not been
an |
| |||||||
| |||||||
1 | established domiciliary of this State for 30 days or more.
| ||||||
2 | (b) The Secretary of State shall give out of state | ||||||
3 | convictions full
faith and credit and treat them for | ||||||
4 | sanctioning purposes, under this UCDLA,
just as if they | ||||||
5 | occurred in this State.
| ||||||
6 | (c) A CLP or CDL issued by this State or any other state | ||||||
7 | before the date on and after which the state is prohibited from | ||||||
8 | issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid | ||||||
9 | until its stated expiration date.
| ||||||
10 | (Source: P.A. 94-307, eff. 9-30-05.)
| ||||||
11 | (625 ILCS 5/6-704) (from Ch. 95 1/2, par. 6-704)
| ||||||
12 | Sec. 6-704. Applications for New Licenses.
| ||||||
13 | Upon application for a license to drive, the licensing | ||||||
14 | authority in a
party state shall ascertain whether the | ||||||
15 | applicant has ever held, or is the
holder of a license to drive | ||||||
16 | issued by any other party state. The licensing
authority in the | ||||||
17 | state where application is made shall not issue a license
to | ||||||
18 | drive to the applicant if:
| ||||||
19 | 1. The applicant has held such a license, but the same has | ||||||
20 | been
suspended by reason, in whole or in part, of a violation | ||||||
21 | and if such
suspension period has not terminated.
| ||||||
22 | 2. The applicant has held such a license, but the same has | ||||||
23 | been revoked
by reason, in whole or in part, of a violation and | ||||||
24 | if such revocation has
not terminated, except that after the | ||||||
25 | expiration of one year from the date
the license was revoked, |
| |||||||
| |||||||
1 | such person may make application for a new license
if permitted | ||||||
2 | by law. The licensing authority may refuse to issue a license
| ||||||
3 | to any such applicant if, after investigation, the licensing | ||||||
4 | authority
determines that it will not be safe to grant to such | ||||||
5 | person the privilege
of driving a motor vehicle on the public | ||||||
6 | highways.
| ||||||
7 | 3. The applicant is the holder of a license to drive issued | ||||||
8 | by another
party state and currently in force unless the | ||||||
9 | applicant surrenders this such
license , except that if an | ||||||
10 | applicant is applying only for a non-domiciled commercial | ||||||
11 | learner's permit or non-domiciled commercial driver's license, | ||||||
12 | the applicant is not required to surrender the license issued | ||||||
13 | by the applicant's state or country of domicile .
| ||||||
14 | (Source: P.A. 76-1615.)
| ||||||
15 | (625 ILCS 5/1-111.5 rep.) | ||||||
16 | Section 10. The Illinois Vehicle Code is amended by | ||||||
17 | repealing Section 1-111.5. | ||||||
18 | Section 99. Effective date. This Act takes effect July 1, | ||||||
19 | 2014. |