093_SB0622

 
                                     LRB093 10433 DRH 10687 b

 1        AN ACT regarding vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois  Vehicle  Code  is  amended  by
 5    changing Section 6-514 as follows:

 6        (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
 7        Sec.   6-514.  Commercial   Driver's   License   (CDL)  -
 8    Disqualifications.
 9        (a)  A person is shall be  disqualified  from  driving  a
10    commercial  motor  vehicle  for  a period of not less than 12
11    months for the first violation of:
12             (1)  Refusing to submit to or failure to complete  a
13        test   or   tests   to   determine   the  driver's  blood
14        concentration of alcohol,  other  drug,  or  both,  while
15        driving a commercial motor vehicle; or
16             (2)  Operating  a commercial motor vehicle while the
17        alcohol concentration of the person's  blood,  breath  or
18        urine  is  at  least  0.04,  or  any  amount  of  a drug,
19        substance, or compound in the  person's  blood  or  urine
20        resulting   from  the  unlawful  use  or  consumption  of
21        cannabis  listed  in  the  Cannabis  Control  Act  or   a
22        controlled  substance  listed  in the Illinois Controlled
23        Substances Act as indicated by a police  officer's  sworn
24        report or other verified evidence; or
25             (3)  Conviction for a first violation of:
26                  (i)  Driving  a  commercial motor vehicle while
27             under the influence of alcohol, or any  other  drug,
28             or  combination  of  drugs to a degree which renders
29             such person incapable of safely driving; or
30                  (ii)  Knowingly and wilfully leaving the  scene
31             of  an  accident  while operating a commercial motor
 
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 1             vehicle; or
 2                  (iii)  Driving a commercial motor vehicle while
 3             committing any felony.
 4             If any of the above violations or refusals  occurred
 5        while  transporting  hazardous material(s) required to be
 6        placarded, the person shall be disqualified for a  period
 7        of not less than 3 years.
 8        (b)  A  person  is  disqualified  for  life  for a second
 9    conviction of any of the offenses specified in paragraph (a),
10    or any combination of those offenses, arising from 2 or  more
11    separate incidents.
12        (c)  A  person  is disqualified from driving a commercial
13    motor vehicle for life who uses a commercial motor vehicle in
14    the commission  of  any  felony  involving  the  manufacture,
15    distribution,  or  dispensing  of  a controlled substance, or
16    possession with intent to manufacture, distribute or dispense
17    a controlled substance.
18        (d)  The Secretary of State may, when the  United  States
19    Secretary  of Transportation so authorizes, issue regulations
20    in which a disqualification for life under paragraph (b)  may
21    be  reduced  to  a  period  of  not  less than 10 years. If a
22    reinstated  driver  is  subsequently  convicted  of   another
23    disqualifying offense, as specified in subsection (a) of this
24    Section, he or she shall be permanently disqualified for life
25    and shall be ineligible to again apply for a reduction of the
26    lifetime disqualification.
27        (e)  A  person  is disqualified from driving a commercial
28    motor vehicle for a period of  not  less  than  2  months  if
29    convicted  of  2  serious  traffic violations, committed in a
30    commercial motor vehicle, arising  from  separate  incidents,
31    occurring  within a 3 year period.  However, a person will be
32    disqualified from driving a commercial motor  vehicle  for  a
33    period  of  not  less than 4 months if convicted of 3 serious
34    traffic violations, committed in a commercial motor  vehicle,
 
                            -3-      LRB093 10433 DRH 10687 b
 1    arising  from  separate  incidents, occurring within a 3 year
 2    period.
 3        (f)  Notwithstanding any other provision  of  this  Code,
 4    any  driver  disqualified  from  operating a commercial motor
 5    vehicle, pursuant to this UCDLA, shall not  be  eligible  for
 6    restoration  of commercial driving privileges during any such
 7    period of disqualification.
 8        (g)  After  suspending,   revoking,   or   cancelling   a
 9    commercial  driver's  license,  the  Secretary  of State must
10    update the driver's records to reflect such action within  10
11    days.   After suspending or revoking the driving privilege of
12    any person who has been issued a  CDL  or  commercial  driver
13    instruction  permit  from another jurisdiction, the Secretary
14    shall originate notification  to  such  issuing  jurisdiction
15    within 10 days.
16        (h)  The  "disqualifications" referred to in this Section
17    shall not  be  imposed  upon  any  commercial  motor  vehicle
18    driver,  by  the  Secretary  of  State, unless the prohibited
19    action(s) occurred after March 31, 1992.
20        (i)  A person is disqualified from driving  a  commercial
21    motor vehicle in accordance with the following:
22             (1)  For   6  months  upon  a  first  conviction  of
23        paragraph (2) of subsection (b) of Section 6-507 of  this
24        Code.
25             (2)  For  one  year  upon  a  second  conviction  of
26        paragraph  (2) of subsection (b) of Section 6-507 of this
27        Code within a 10-year period.
28             (3)  For  3  years  upon  a  third   or   subsequent
29        conviction  of paragraph (2) of subsection (b) of Section
30        6-507 of this Code within a 10-year period.
31             (4)  For  one  year  upon  a  first  conviction   of
32        paragraph  (3) of subsection (b) of Section 6-507 of this
33        Code.
34             (5)  For  3  years  upon  a  second  conviction   of
 
                            -4-      LRB093 10433 DRH 10687 b
 1        paragraph  (3) of subsection (b) of Section 6-507 of this
 2        Code within a 10-year period.
 3             (6)  For  5  years  upon  a  third   or   subsequent
 4        conviction  of paragraph (3) of subsection (b) of Section
 5        6-507 of this Code within a 10-year period.
 6        (j)  Disqualification for railroad-highway grade crossing
 7    violation.
 8             (1)  General rule. A driver who is  convicted  of  a
 9        violation of a federal, State, or local law or regulation
10        pertaining  to  one  of  the  following  6  offenses at a
11        railroad-highway grade crossing must be disqualified from
12        operating a commercial motor vehicle for  the  period  of
13        time specified in paragraph (2) of this subsection (j) if
14        the  offense  was  committed while operating a commercial
15        motor vehicle:
16                  (i)  For drivers who are not required to always
17             stop, failing to slow down and check that the tracks
18             are clear of an approaching train, as  described  in
19             subsection (a-5) of Section 11-1201 of this Code;
20                  (ii)  For  drivers  who  are  not  required  to
21             always  stop,  failing  to  stop before reaching the
22             crossing, if the tracks are not clear, as  described
23             in subsection (a) of Section 11-1201 of this Code;
24                  (iii)  For  drivers  who are always required to
25             stop,  failing  to  stop  before  driving  onto  the
26             crossing, as described in Section  11-1202  of  this
27             Code;
28                  (iv)  For   all   drivers,   failing   to  have
29             sufficient space to  drive  completely  through  the
30             crossing   without   stopping,   as   described   in
31             subsection (b) of Section 11-1425 of this Code;
32                  (v)  For all drivers, failing to obey a traffic
33             control  device  or the directions of an enforcement
34             official  at   the   crossing,   as   described   in
 
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 1             subdivision (a)2 of Section 11-1201 of this Code;
 2                  (vi)  For  all  drivers, failing to negotiate a
 3             crossing  because  of   insufficient   undercarriage
 4             clearance,  as  described  in  subsection  (d-1)  of
 5             Section 11-1201 of this Code.
 6             (2)  Duration      of      disqualification      for
 7        railroad-highway grade crossing violation.
 8                  (i)  First   violation.   A   driver   must  be
 9             disqualified  from  operating  a  commercial   motor
10             vehicle  for  not less than 60 days if the driver is
11             convicted of a violation described in paragraph  (1)
12             of this subsection (j) and, in the three-year period
13             preceding   the   conviction,   the  driver  had  no
14             convictions for a violation described  in  paragraph
15             (1) of this subsection (j).
16                  (ii)  Second   violation.   A  driver  must  be
17             disqualified  from  operating  a  commercial   motor
18             vehicle  for not less than 120 days if the driver is
19             convicted of a violation described in paragraph  (1)
20             of this subsection (j) and, in the three-year period
21             preceding  the  conviction, the driver had one other
22             conviction for a violation  described  in  paragraph
23             (1)  of  this subsection (j) that was committed in a
24             separate incident.
25                  (iii)  Third or subsequent violation. A  driver
26             must  be  disqualified  from  operating a commercial
27             motor vehicle for not less  than  one  year  if  the
28             driver  is  convicted  of  a  violation described in
29             paragraph (1) of this subsection  (j)  and,  in  the
30             three-year  period  preceding  the  conviction,  the
31             driver   had   2   or  more  other  convictions  for
32             violations  described  in  paragraph  (1)  of   this
33             subsection  (j)  that  were  committed  in  separate
34             incidents.
 
                            -6-      LRB093 10433 DRH 10687 b
 1    (Source: P.A. 92-249, eff. 1-1-02; 92-834, eff. 8-22-02.)