Full Text of HB1295 97th General Assembly
HB1295eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 6-201, 6-500, 6-507, 6-508, 6-513, and 6-519 and by | 6 | | adding Section 6-508.1 as follows:
| 7 | | (625 ILCS 5/6-201)
| 8 | | Sec. 6-201. Authority to cancel licenses and permits.
| 9 | | (a) The Secretary of State is authorized to cancel any | 10 | | license or permit
upon determining that the holder thereof:
| 11 | | 1. was not entitled to the issuance thereof hereunder; | 12 | | or
| 13 | | 2. failed to give the required or correct information | 14 | | in his
application; or
| 15 | | 3. failed to pay any fees, civil penalties owed to the | 16 | | Illinois Commerce
Commission, or taxes due under this Act | 17 | | and upon reasonable notice and demand;
or
| 18 | | 4. committed any fraud in the making of such | 19 | | application; or
| 20 | | 5. is ineligible therefor under the provisions of | 21 | | Section 6-103 of this
Act, as amended; or
| 22 | | 6. has refused or neglected to submit an alcohol, drug, | 23 | | and
intoxicating compound evaluation or to
submit to |
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| 1 | | examination or re-examination as required under this Act; | 2 | | or
| 3 | | 7. has been convicted of violating the Cannabis Control | 4 | | Act,
the
Illinois Controlled Substances Act, the | 5 | | Methamphetamine Control and Community Protection Act, or | 6 | | the Use of Intoxicating Compounds
Act while that individual | 7 | | was in actual physical
control of a motor vehicle. For | 8 | | purposes of this Section, any person placed on
probation | 9 | | under Section 10 of the Cannabis Control Act, Section 410 | 10 | | of the
Illinois Controlled Substances Act, or Section 70 of | 11 | | the Methamphetamine Control and Community Protection Act | 12 | | shall not be considered convicted. Any
person found guilty | 13 | | of this offense, while in actual physical control of a
| 14 | | motor vehicle, shall have an entry made in the court record | 15 | | by the
judge that this offense did occur while the person | 16 | | was in actual
physical control of a motor vehicle and order | 17 | | the clerk of the court to report
the violation to the | 18 | | Secretary of State as such. After the cancellation, the
| 19 | | Secretary of State shall not issue a new license or permit | 20 | | for a period of one
year after the date of cancellation. | 21 | | However, upon application, the Secretary
of State may, if | 22 | | satisfied that the person applying will not endanger the
| 23 | | public safety, or welfare, issue a restricted driving | 24 | | permit granting the
privilege of driving a motor vehicle | 25 | | between the petitioner's residence and
petitioner's place | 26 | | of employment or within the scope of the petitioner's |
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| 1 | | employment
related duties, or to allow transportation for
| 2 | | the petitioner or a household member of the petitioner's | 3 | | family for the receipt of
necessary medical care, or | 4 | | provide transportation for the petitioner to and from | 5 | | alcohol or drug remedial or
rehabilitative activity | 6 | | recommended by a licensed service provider, or for the | 7 | | petitioner to attend classes, as a student,
in an | 8 | | accredited educational institution. The petitioner must
| 9 | | demonstrate that no alternative means of transportation is | 10 | | reasonably
available; provided that the Secretary's | 11 | | discretion shall be limited to
cases where undue hardship, | 12 | | as defined by the rules of the Secretary of State, would | 13 | | result from a failure to issue such
restricted driving | 14 | | permit. In each case the Secretary of State may issue
such | 15 | | restricted driving permit for such period as he deems | 16 | | appropriate,
except that such permit shall expire within | 17 | | one year from the date of
issuance. A restricted driving | 18 | | permit issued hereunder shall be subject to
cancellation, | 19 | | revocation and suspension by the Secretary of State in like
| 20 | | manner and for like cause as a driver's license issued | 21 | | hereunder may be
cancelled, revoked or suspended; except | 22 | | that a conviction upon one or more
offenses against laws or | 23 | | ordinances regulating the movement of traffic
shall be | 24 | | deemed sufficient cause for the revocation, suspension or
| 25 | | cancellation of a restricted driving permit. The Secretary | 26 | | of State may,
as a condition to the issuance of a |
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| 1 | | restricted driving permit, require the
applicant to | 2 | | participate in a driver remedial or rehabilitative
| 3 | | program. In accordance with 49 C.F.R. 384, the Secretary of | 4 | | State may not issue a restricted driving permit for the | 5 | | operation of a commercial motor vehicle to a person holding | 6 | | a CDL whose driving privileges have been revoked, | 7 | | suspended, cancelled, or disqualified under this Code; or
| 8 | | 8. failed to submit a report as required by Section | 9 | | 6-116.5 of this
Code; or
| 10 | | 9. has been convicted of a sex offense as defined in | 11 | | the Sex Offender Registration Act. The driver's license | 12 | | shall remain cancelled until the driver registers as a sex | 13 | | offender as required by the Sex Offender Registration Act, | 14 | | proof of the registration is furnished to the Secretary of | 15 | | State and the sex offender provides proof of current | 16 | | address to the Secretary; or
| 17 | | 10. is ineligible for a license or permit under Section | 18 | | 6-107, 6-107.1, or
6-108 of this Code; or
| 19 | | 11. refused or neglected to appear at a Driver Services | 20 | | facility to have the license or permit corrected and a new | 21 | | license or permit issued ; or .
| 22 | | 12. failed to submit a medical examiner's certificate | 23 | | or medical variance as required by 49 C.F.R. 383.71 or | 24 | | submitted a fraudulent medical examiner's certificate or | 25 | | medical variance. | 26 | | (b) Upon such cancellation the licensee or permittee must |
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| 1 | | surrender the
license or permit so cancelled to the Secretary | 2 | | of State.
| 3 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 4 | | Secretary of State
shall have exclusive authority to grant, | 5 | | issue, deny, cancel, suspend and
revoke driving privileges, | 6 | | drivers' licenses and restricted driving permits.
| 7 | | (d) The Secretary of State may adopt rules to implement | 8 | | this Section.
| 9 | | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | 10 | | 94-993, eff. 1-1-07; 95-331, eff. 8-21-07; 95-382, eff. | 11 | | 8-23-07; 95-627, eff. 6-1-08; 95-876, eff. 8-21-08.)
| 12 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| 13 | | Sec. 6-500. Definitions of words and phrases. | 14 | | Notwithstanding the
definitions set forth elsewhere in this
| 15 | | Code, for purposes of the Uniform Commercial Driver's License | 16 | | Act
(UCDLA), the words and phrases listed below have the | 17 | | meanings
ascribed to them as follows:
| 18 | | (1) Alcohol. "Alcohol" means any substance containing any | 19 | | form of
alcohol, including but not limited to ethanol,
| 20 | | methanol,
propanol, and
isopropanol.
| 21 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 22 | | (A) the number of grams of alcohol per 210 liters of | 23 | | breath;
or
| 24 | | (B) the number of grams of alcohol per 100 milliliters | 25 | | of
blood; or
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| 1 | | (C) the number of grams of alcohol per 67 milliliters | 2 | | of
urine.
| 3 | | Alcohol tests administered within 2 hours of the driver | 4 | | being
"stopped or detained" shall be considered that driver's | 5 | | "alcohol
concentration" for the purposes of enforcing this | 6 | | UCDLA.
| 7 | | (3) (Blank).
| 8 | | (4) (Blank).
| 9 | | (5) (Blank).
| 10 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 11 | | electronic record of the individual CDL driver's status and | 12 | | history stored by the State-of-Record as part of the Commercial | 13 | | Driver's License Information System, or CDLIS, established | 14 | | under 49 U.S.C. 31309. | 15 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 16 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 17 | | driver record meeting the requirements for access to CDLIS | 18 | | information and provided by states to users authorized in 49 | 19 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 20 | | Driver Privacy Protection Act, 18 U.S.C. 2721–2725. | 21 | | (5.7) Commercial driver's license downgrade. "Commercial | 22 | | driver's license downgrade" or "CDL downgrade" means either: | 23 | | (A) a state allows the driver to change his or her | 24 | | self-certification to interstate, but operating | 25 | | exclusively in transportation or operation excepted from | 26 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
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| 1 | | 391.2, 391.68, or 398.3; | 2 | | (B) a state allows the driver to change his or her | 3 | | self-certification to intrastate only, if the driver | 4 | | qualifies under that state's physical qualification | 5 | | requirements for intrastate only; | 6 | | (C) a state allows the driver to change his or her | 7 | | certification to intrastate, but operating exclusively in | 8 | | transportation or operations excepted from all or part of | 9 | | the state driver qualification requirements; or | 10 | | (D) a state removes the CDL privilege from the driver | 11 | | license. | 12 | | (6) Commercial Motor Vehicle.
| 13 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 14 | | vehicle used in commerce, except those referred to in | 15 | | subdivision (B), designed
to transport passengers or | 16 | | property if:
| 17 | | (i) the vehicle has a GVWR of 26,001 pounds or more | 18 | | or such
a
lesser GVWR as subsequently determined by | 19 | | federal regulations or the Secretary
of State; or any
| 20 | | combination of vehicles with a GCWR of 26,001 pounds or | 21 | | more, provided the
GVWR of any vehicle or vehicles | 22 | | being towed is 10,001 pounds or more; or
| 23 | | (ii) the vehicle is designed to transport 16 or | 24 | | more
persons;
or
| 25 | | (iii) the vehicle is transporting hazardous | 26 | | materials and
is
required to
be placarded in accordance |
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| 1 | | with 49 C.F.R. Part 172, subpart F.
| 2 | | (B) Pursuant to the interpretation of the Commercial | 3 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 4 | | Administration, the definition of
"commercial motor | 5 | | vehicle" does not include:
| 6 | | (i) recreational vehicles, when operated primarily | 7 | | for personal use;
| 8 | | (ii) vehicles owned by or operated under the | 9 | | direction of the United States Department of Defense or | 10 | | the United States Coast Guard only when operated by
| 11 | | non-civilian personnel. This includes any operator on | 12 | | active military
duty; members of the Reserves; | 13 | | National Guard; personnel on part-time
training; and | 14 | | National Guard military technicians (civilians who are
| 15 | | required to wear military uniforms and are subject to | 16 | | the Code of Military
Justice); or
| 17 | | (iii) firefighting and other emergency equipment | 18 | | (including, without limitation, equipment owned or | 19 | | operated by a HazMat or technical rescue team | 20 | | authorized by a county board under Section 5-1127 of | 21 | | the Counties Code), with audible and
visual signals, | 22 | | owned or operated
by or for a
governmental entity, | 23 | | which is necessary to the preservation of life or
| 24 | | property or the execution of emergency governmental | 25 | | functions which are
normally not subject to general | 26 | | traffic rules and regulations.
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| 1 | | (7) Controlled Substance. "Controlled substance" shall | 2 | | have the same
meaning as defined in Section 102 of the Illinois | 3 | | Controlled Substances Act,
and shall also include cannabis as | 4 | | defined in Section 3 of the Cannabis Control
Act and | 5 | | methamphetamine as defined in Section 10 of the Methamphetamine | 6 | | Control and Community Protection Act.
| 7 | | (8) Conviction. "Conviction" means an unvacated | 8 | | adjudication of guilt
or a determination that a person has | 9 | | violated or failed to comply with the
law in a court of | 10 | | original jurisdiction or by an authorized administrative
| 11 | | tribunal; an unvacated forfeiture of bail or collateral | 12 | | deposited to secure
the person's appearance in court; a plea of | 13 | | guilty or nolo contendere accepted by the court; the payment of | 14 | | a fine or court cost
regardless of whether the imposition of | 15 | | sentence is deferred and ultimately
a judgment dismissing the | 16 | | underlying charge is entered; or a violation of a
condition of | 17 | | release without bail, regardless of whether or not the penalty
| 18 | | is rebated, suspended or probated.
| 19 | | (8.5) Day. "Day" means calendar day.
| 20 | | (9) (Blank).
| 21 | | (10) (Blank).
| 22 | | (11) (Blank).
| 23 | | (12) (Blank).
| 24 | | (13) Driver. "Driver" means any person who drives, | 25 | | operates, or is in
physical control of a commercial motor | 26 | | vehicle, any person who is required to hold a
CDL, or any |
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| 1 | | person who is a holder of a CDL while operating a | 2 | | non-commercial motor vehicle.
| 3 | | (13.5) Driver applicant. "Driver applicant" means an | 4 | | individual who applies to a state to obtain, transfer, upgrade, | 5 | | or renew a CDL.
| 6 | | (14) Employee. "Employee" means a person who is employed as | 7 | | a
commercial
motor vehicle driver. A person who is | 8 | | self-employed as a commercial motor
vehicle driver must comply | 9 | | with the requirements of this UCDLA
pertaining to employees. An
| 10 | | owner-operator on a long-term lease shall be considered an | 11 | | employee.
| 12 | | (15) Employer. "Employer" means a person (including the | 13 | | United
States, a State or a local authority) who owns or leases | 14 | | a commercial motor
vehicle or assigns employees to operate such | 15 | | a vehicle. A person who is
self-employed as a commercial motor | 16 | | vehicle driver must
comply with the requirements of this UCDLA.
| 17 | | (15.3) Excepted interstate. "Excepted interstate" means a | 18 | | person who operates or expects to operate in interstate | 19 | | commerce, but engages exclusively in transportation or | 20 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | 21 | | 398.3 from all or part of the qualification requirements of 49 | 22 | | C.F.R. Part 391 and is not required to obtain a medical | 23 | | examiner's certificate by 49 C.F.R. 391.45. | 24 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 25 | | person who operates in intrastate commerce but engages | 26 | | exclusively in transportation or operations excepted from all |
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| 1 | | or parts of the state driver qualification requirements. | 2 | | (16) (Blank).
| 3 | | (16.5) Fatality. "Fatality" means the death of a person as | 4 | | a result of a motor vehicle accident.
| 5 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 6 | | sovereign
jurisdiction that does not fall within the definition | 7 | | of "State".
| 8 | | (18) (Blank).
| 9 | | (19) (Blank).
| 10 | | (20) Hazardous materials. "Hazardous Material" means any | 11 | | material that has been designated under 49 U.S.C.
5103 and is | 12 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 13 | | or any quantity of a material listed as a select agent or toxin | 14 | | in 42 C.F.R. part 73.
| 15 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 16 | | existence of a condition that presents a substantial likelihood | 17 | | that death, serious illness, severe personal injury, or a | 18 | | substantial endangerment to health, property, or the | 19 | | environment may occur before the reasonably foreseeable | 20 | | completion date of a formal proceeding begun to lessen the risk | 21 | | of that death, illness, injury or endangerment.
| 22 | | (21) Long-term lease. "Long-term lease" means a lease of a | 23 | | commercial
motor vehicle by the owner-lessor to a lessee, for a | 24 | | period of more than 29
days.
| 25 | | (21.1) Medical examiner. "Medical examiner" means a person | 26 | | who is licensed, certified, or registered in accordance with |
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| 1 | | applicable state laws and regulations to perform physical | 2 | | examinations. The term includes but is not limited to doctors | 3 | | of medicine, doctors of osteopathy, physician assistants, | 4 | | advanced practice nurses, and doctors of chiropractic. | 5 | | (21.2) Medical examiner's certificate. "Medical examiner's | 6 | | certificate" means a document prescribed or approved by the | 7 | | Secretary of State that is issued by a medical examiner to a | 8 | | driver to medically qualify him or her to drive. | 9 | | (21.5) Medical variance. "Medical variance" means a driver | 10 | | has received one of the following from the Federal Motor | 11 | | Carrier Safety Administration which allows the driver to be | 12 | | issued a medical certificate: (1) an exemption letter | 13 | | permitting operation of a commercial motor vehicle pursuant to | 14 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 15 | | skill performance evaluation (SPE) certificate permitting | 16 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 17 | | 391.49. | 18 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 19 | | which is self-propelled, and every vehicle which is propelled | 20 | | by electric
power obtained from over head trolley wires but not | 21 | | operated upon rails,
except vehicles moved solely by human | 22 | | power and motorized wheel chairs.
| 23 | | (22.2) Motor vehicle record. "Motor vehicle record" means a | 24 | | report of the driving status and history of a driver generated | 25 | | from the driver record provided to users, such as drivers or | 26 | | employers, and is subject to the provisions of the Driver |
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| 1 | | Privacy Protection Act, 18 U.S.C. 2721-2725. | 2 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 3 | | combination of motor vehicles not defined by the term | 4 | | "commercial motor vehicle" or "CMV" in this Section.
| 5 | | (22.7) Non-excepted interstate. "Non-excepted interstate" | 6 | | means a person who operates or expects to operate in interstate | 7 | | commerce, is subject to and meets the qualification | 8 | | requirements under 49 C.F.R. Part 391, and is required to | 9 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 10 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 11 | | means a person who operates only in intrastate commerce and is | 12 | | subject to State driver qualification requirements. | 13 | | (23) Non-resident CDL. "Non-resident CDL" means a | 14 | | commercial driver's
license issued by a state under either of | 15 | | the following two conditions: | 16 | | (i) to an individual domiciled in a foreign country | 17 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | 18 | | of the Federal Motor Carrier Safety Administration.
| 19 | | (ii) to an individual domiciled in another state | 20 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | 21 | | of the Federal Motor Carrier Safety Administration.
| 22 | | (24) (Blank).
| 23 | | (25) (Blank).
| 24 | | (25.5) Railroad-Highway Grade Crossing Violation. | 25 | | "Railroad-highway
grade
crossing violation" means a
violation, | 26 | | while operating a commercial motor vehicle, of
any
of the |
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| 1 | | following:
| 2 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
| 3 | | Code.
| 4 | | (B) Any other similar
law or local ordinance of any | 5 | | state relating to
railroad-highway grade crossing.
| 6 | | (25.7) School Bus. "School bus" means a commercial motor | 7 | | vehicle used to transport pre-primary, primary, or secondary | 8 | | school students from home to school, from school to home, or to | 9 | | and from school-sponsored events. "School bus" does not include | 10 | | a bus used as a common carrier.
| 11 | | (26) Serious Traffic Violation. "Serious traffic | 12 | | violation"
means:
| 13 | | (A) a conviction when operating a commercial motor | 14 | | vehicle, or when operating a non-CMV while holding a CDL,
| 15 | | of:
| 16 | | (i) a violation relating to excessive speeding,
| 17 | | involving a single speeding charge of 15 miles per hour | 18 | | or more above the
legal speed limit; or
| 19 | | (ii) a violation relating to reckless driving; or
| 20 | | (iii) a violation of any State law or local | 21 | | ordinance relating to motor
vehicle traffic control | 22 | | (other than parking violations) arising in
connection | 23 | | with a fatal traffic accident; or
| 24 | | (iv) a violation of Section 6-501, relating to | 25 | | having multiple driver's
licenses; or
| 26 | | (v) a violation of paragraph (a) of Section 6-507, |
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| 1 | | relating to the
requirement to have a valid CDL; or
| 2 | | (vi) a violation relating to improper or erratic | 3 | | traffic lane changes;
or
| 4 | | (vii) a violation relating to following another | 5 | | vehicle too closely; or
| 6 | | (B) any other similar violation of a law or local
| 7 | | ordinance of any state relating to motor vehicle traffic | 8 | | control, other
than a parking violation, which the | 9 | | Secretary of State determines by
administrative rule to be | 10 | | serious.
| 11 | | (27) State. "State" means a state of the United States, the | 12 | | District of
Columbia and any province or territory of Canada.
| 13 | | (28) (Blank).
| 14 | | (29) (Blank).
| 15 | | (30) (Blank).
| 16 | | (31) (Blank).
| 17 | | (Source: P.A. 94-307, eff. 9-30-05; 94-334, eff. 1-1-06; | 18 | | 95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
| 19 | | (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| 20 | | Sec. 6-507. Commercial Driver's License (CDL) Required.
| 21 | | (a) Except as expressly permitted by this UCDLA, or when | 22 | | driving
pursuant to the issuance of a commercial driver | 23 | | instruction permit and
accompanied by the holder of a CDL valid | 24 | | for the vehicle being driven; no
person shall drive a | 25 | | commercial motor vehicle on the highways without: |
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| 1 | | (1) a CDL in the driver's possession; | 2 | | (2) having obtained a CDL; or | 3 | | (3) the proper class of CDL or endorsements or both for | 4 | | the specific vehicle group being operated or for the | 5 | | passengers or type of cargo being transported ; or .
| 6 | | (4) a copy of a medical variance document, if one | 7 | | exists, such as an exemption letter or a skill performance | 8 | | evaluation certificate. | 9 | | (b) Except as otherwise provided by this Code, no person | 10 | | may drive a
commercial motor vehicle on the highways while such | 11 | | person's driving
privilege, license, or permit is:
| 12 | | (1) Suspended, revoked, cancelled, or subject to
| 13 | | disqualification. Any person convicted of violating this | 14 | | provision or a
similar provision of this or any other state | 15 | | shall have their driving
privileges revoked under | 16 | | paragraph 12 of subsection (a) of Section 6-205 of
this | 17 | | Code.
| 18 | | (2) Subject to or in violation of an "out-of-service"
| 19 | | order. Any person who has been issued a CDL and is | 20 | | convicted of violating
this provision or a similar | 21 | | provision of any other state shall be disqualified
from | 22 | | operating a commercial motor vehicle under subsection (i) | 23 | | of Section 6-514
of this Code.
| 24 | | (3) Subject to or in violation of a driver or vehicle | 25 | | "out of service" order while operating a vehicle designed | 26 | | to transport 16 or more passengers, including the driver, |
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| 1 | | or transporting hazardous materials required to be | 2 | | placarded. Any person who has been
issued a CDL and is | 3 | | convicted of violating this provision or a similar
| 4 | | provision of this or any other state shall be disqualified | 5 | | from operating a
commercial motor vehicle under subsection | 6 | | (i) of Section 6-514 of this Code.
| 7 | | (b-3) Except as otherwise provided by this Code, no person | 8 | | may drive a commercial motor vehicle on the highways during a | 9 | | period which the commercial motor vehicle or the motor carrier | 10 | | operation is subject to an "out-of-service" order. Any person | 11 | | who is convicted of violating this provision or a similar | 12 | | provision of any other state shall be disqualified from | 13 | | operating a commercial motor vehicle under subsection (i) of | 14 | | Section 6-514 of this Code. | 15 | | (b-5) Except as otherwise provided by this Code, no person | 16 | | may transport passengers or hazardous materials during a period | 17 | | in which the commercial motor vehicle or the motor carrier | 18 | | operation is subject to an "out-of-service" order. Any person | 19 | | who is convicted of violating this provision or a similar | 20 | | provision of any other state shall be disqualified from | 21 | | operating a commercial motor vehicle under subsection (i) of | 22 | | Section 6-514 of this Code.
| 23 | | (c) Pursuant to the options provided to the States by FHWA | 24 | | Docket No.
MC-88-8, the driver of any motor vehicle controlled | 25 | | or operated by or for a
farmer is waived from the requirements | 26 | | of this Section, when such motor
vehicle is being used to |
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| 1 | | transport: agricultural products; implements of
husbandry; or | 2 | | farm supplies; to and from a farm, as long as such movement is | 3 | | not over 150 air
miles from the originating farm. This waiver | 4 | | does not apply to
the driver of any motor vehicle
being used in | 5 | | a common or contract carrier type operation.
However, for those | 6 | | drivers of any truck-tractor
semitrailer combination or | 7 | | combinations registered under subsection (c) of
Section 3-815 | 8 | | of this Code, this waiver shall apply only when the
driver is a | 9 | | farmer or a member of the farmer's family and the driver is 21
| 10 | | years
of age or more and has successfully completed any
tests | 11 | | the Secretary of State deems necessary.
| 12 | | In addition, the farmer or a member of the farmer's family | 13 | | who operates a
truck-tractor semitrailer combination or | 14 | | combinations pursuant to this waiver
shall be granted all of | 15 | | the rights and shall be subject to all of the duties
and | 16 | | restrictions with respect to Sections 6-514 and 6-515 of this | 17 | | Code
applicable to the driver who possesses a commercial | 18 | | driver's license issued
under this Code, except that the driver | 19 | | shall not be subject to any additional
duties or restrictions | 20 | | contained
in Part 382 of the Federal Motor Carrier Safety | 21 | | Regulations that are
not otherwise imposed under Section 6-514 | 22 | | or 6-515 of this Code.
| 23 | | For purposes of this subsection (c), a member of the | 24 | | farmer's family is a
natural or in-law spouse, child, parent, | 25 | | or sibling.
| 26 | | (c-5) An employee of a township or road district with a |
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| 1 | | population of
less
than 3,000 operating a vehicle within the | 2 | | boundaries of the township or road
district for the purpose of | 3 | | removing snow or ice from a roadway by plowing,
sanding, or | 4 | | salting is waived from the requirements of this Section when | 5 | | the
employee is needed to operate the vehicle because the | 6 | | employee of the township
or road district who ordinarily | 7 | | operates the vehicle and who has a commercial
driver's license | 8 | | is unable to operate the vehicle or is in need of additional
| 9 | | assistance due to a snow emergency.
| 10 | | (c-10) A driver of a commercial motor vehicle used | 11 | | primarily in the transportation of propane winter heating fuel | 12 | | or a driver of a motor vehicle used to respond to a pipeline | 13 | | emergency is waived from the requirements of this Section if | 14 | | such requirements would prevent the driver from responding to | 15 | | an emergency condition requiring immediate response as defined | 16 | | in 49 C.F.R. Part 390.5. | 17 | | (d) Any person convicted of violating this Section, shall | 18 | | be guilty of a
Class A misdemeanor.
| 19 | | (e) Any person convicted of violating paragraph (1) of | 20 | | subsection (b) of this Section,
shall have all driving | 21 | | privileges revoked by the Secretary of State.
| 22 | | (f) This Section shall not apply to:
| 23 | | (1) A person who currently holds a valid Illinois | 24 | | driver's license,
for the type of vehicle being operated, | 25 | | until the expiration of such
license or April 1, 1992, | 26 | | whichever is earlier; or
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| 1 | | (2) A non-Illinois domiciliary who is properly | 2 | | licensed in another
State, until April 1, 1992. A | 3 | | non-Illinois domiciliary, if such
domiciliary is properly | 4 | | licensed in another State or foreign jurisdiction,
until | 5 | | April 1, 1992.
| 6 | | (Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
| 7 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 8 | | Sec. 6-508. Commercial Driver's License (CDL) - | 9 | | qualification standards.
| 10 | | (a) Testing.
| 11 | | (1) General. No person shall be issued an original or | 12 | | renewal CDL
unless that person is
domiciled in this State. | 13 | | The Secretary shall cause to be administered such
tests as | 14 | | the Secretary deems necessary to meet the requirements of | 15 | | 49
C.F.R. Part 383, subparts F, G, H, and J.
| 16 | | (2) Third party testing. The Secretary of state may | 17 | | authorize a
"third party tester", pursuant to 49 C.F.R. | 18 | | Part 383.75, to administer the
skills test or tests | 19 | | specified by Federal Motor Carrier Safety
Administration | 20 | | pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | 21 | | and any appropriate federal rule.
| 22 | | (b) Waiver of Skills Test. The Secretary of State may waive | 23 | | the skills
test specified in this Section for a driver | 24 | | applicant for a commercial driver license
who meets the | 25 | | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
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| 1 | | (b-1) No person shall be issued a commercial driver | 2 | | instruction permit or CDL unless the person certifies to the | 3 | | Secretary one of the following types of driving operations in | 4 | | which he or she will be engaged: | 5 | | (1) non-excepted interstate; | 6 | | (2) non-excepted intrastate; | 7 | | (3) excepted interstate; or | 8 | | (4) excepted intrastate. | 9 | | (b-2) Persons who hold a commercial driver instruction | 10 | | permit or CDL on January 30, 2012 must certify to the Secretary | 11 | | no later than January 30, 2014 one of the following applicable | 12 | | self-certifications: | 13 | | (1) non-excepted interstate; | 14 | | (2) non-excepted intrastate; | 15 | | (3) excepted interstate; or | 16 | | (4) excepted intrastate. | 17 | | (c) Limitations on issuance of a CDL. A CDL, or a | 18 | | commercial driver
instruction permit, shall not be issued to a | 19 | | person while the person is
subject to a disqualification from | 20 | | driving a commercial motor vehicle, or
unless otherwise | 21 | | permitted by this Code, while the person's driver's
license is | 22 | | suspended, revoked or cancelled in
any state, or any territory | 23 | | or province of Canada; nor may a CDL be issued
to a person who | 24 | | has a CDL issued by any other state, or foreign
jurisdiction, | 25 | | unless the person first surrenders all such
licenses. No CDL | 26 | | shall be issued to or renewed for a person who does not
meet |
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| 1 | | the requirement of 49 CFR 391.41(b)(11). The requirement may be | 2 | | met with
the aid of a hearing aid.
| 3 | | (c-1) The Secretary may issue a CDL with a school bus | 4 | | driver endorsement
to allow a person to drive the type of bus | 5 | | described in subsection (d-5) of
Section 6-104 of this Code. | 6 | | The CDL with a school bus driver endorsement may be
issued only | 7 | | to a person meeting the following requirements:
| 8 | | (1) the person has submitted his or her fingerprints to | 9 | | the
Department of State Police in the form and manner
| 10 | | prescribed by the Department of State Police. These
| 11 | | fingerprints shall be checked against the fingerprint | 12 | | records
now and hereafter filed in the Department of State | 13 | | Police and
Federal Bureau of Investigation criminal | 14 | | history records databases;
| 15 | | (2) the person has passed a written test, administered | 16 | | by the Secretary of
State, on charter bus operation, | 17 | | charter bus safety, and certain special
traffic laws
| 18 | | relating to school buses determined by the Secretary of | 19 | | State to be relevant to
charter buses, and submitted to a | 20 | | review of the driver applicant's driving
habits by the | 21 | | Secretary of State at the time the written test is given;
| 22 | | (3) the person has demonstrated physical fitness to | 23 | | operate school buses
by
submitting the results of a medical | 24 | | examination, including tests for drug
use; and
| 25 | | (4) the person has not been convicted of committing or | 26 | | attempting
to commit any
one or more of the following |
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| 1 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 2 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 3 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, | 4 | | 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, | 5 | | 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, | 6 | | 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, | 7 | | 11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, | 8 | | 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, | 9 | | 12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, | 10 | | 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | 11 | | 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
18-1,
| 12 | | 18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, | 13 | | 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, | 14 | | 24-3.3, 24-3.5, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in | 15 | | subsection (b) of Section 8-1, and in subsection (a) and | 16 | | subsection (b), clause (1), of Section
12-4, and in | 17 | | subsection (A), clauses (a) and (b), of Section 24-3, and | 18 | | those offenses contained in Article 29D of the Criminal | 19 | | Code of 1961; (ii) those offenses defined in the
Cannabis | 20 | | Control Act except those offenses defined in subsections | 21 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 | 22 | | of the Cannabis Control
Act; (iii) those offenses defined | 23 | | in the Illinois Controlled Substances
Act; (iv) those | 24 | | offenses defined in the Methamphetamine Control and | 25 | | Community Protection Act; (v) any offense committed or | 26 | | attempted in any other state or against
the laws of the |
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| 1 | | United States, which if committed or attempted in this
| 2 | | State would be punishable as one or more of the foregoing | 3 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | 4 | | of the Wrongs to Children Act; (vii) those offenses defined | 5 | | in Section 6-16 of the Liquor Control Act of
1934; and | 6 | | (viii) those offenses defined in the Methamphetamine | 7 | | Precursor Control Act.
| 8 | | The Department of State Police shall charge
a fee for | 9 | | conducting the criminal history records check, which shall be
| 10 | | deposited into the State Police Services Fund and may not | 11 | | exceed the actual
cost of the records check.
| 12 | | (c-2) The Secretary shall issue a CDL with a school bus | 13 | | endorsement to allow a person to drive a school bus as defined | 14 | | in this Section. The CDL shall be issued according to the | 15 | | requirements outlined in 49 C.F.R. 383. A person may not | 16 | | operate a school bus as defined in this Section without a | 17 | | school bus endorsement. The Secretary of State may adopt rules | 18 | | consistent with Federal guidelines to implement this | 19 | | subsection (c-2).
| 20 | | (d) Commercial driver instruction permit. A commercial | 21 | | driver
instruction permit may be issued to any person holding a | 22 | | valid Illinois
driver's license if such person successfully | 23 | | passes such tests as the
Secretary determines to be necessary.
| 24 | | A commercial driver instruction permit shall not be issued to a | 25 | | person who
does not meet
the requirements of 49 CFR 391.41 | 26 | | (b)(11), except for the renewal of a
commercial driver
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| 1 | | instruction permit for a person who possesses a commercial | 2 | | instruction permit
prior to the
effective date of this | 3 | | amendatory Act of 1999.
| 4 | | (Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07; | 5 | | 96-1182, eff. 7-22-10.)
| 6 | | (625 ILCS 5/6-508.1 new) | 7 | | Sec. 6-508.1. Medical Examiner's Certificate. | 8 | | (a) It shall be unlawful for any person to drive a CMV in | 9 | | non-excepted interstate commerce unless the person holds a CDL | 10 | | and is medically certified as physically qualified to do so. | 11 | | (b) No person who has certified to non-excepted interstate | 12 | | driving as provided in Section 6-508 of this Code shall be | 13 | | issued a commercial driver instruction permit or CDL unless | 14 | | that person presents to the Secretary a medical examiner's | 15 | | certificate or has a current medical examiner's certificate on | 16 | | the CDLIS driver record. | 17 | | (c) Persons who hold a commercial driver instruction permit | 18 | | or CDL on January 30, 2012 who have certified as non-excepted | 19 | | interstate as provided in Section 6-508 of this Code must | 20 | | provide to the Secretary a medical examiner's certificate no | 21 | | later than January 30, 2014. | 22 | | (d) As of January 30, 2014, all persons who hold a | 23 | | commercial driver instruction permit or CDL who have certified | 24 | | as non-excepted interstate shall maintain a current medical | 25 | | examiner's certificate on file with the Secretary. |
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| 1 | | (e) Within 10 calendar days of receipt of a medical | 2 | | examiner's certificate of a driver who has certified as | 3 | | non-excepted interstate, the Secretary shall post the | 4 | | following to the CDLIS driver record: | 5 | | (1) the medical examiner's name; | 6 | | (2) the medical examiner's telephone number; | 7 | | (3) the date of issuance of the medical examiner's | 8 | | certificate; | 9 | | (4) the medical examiner's license number and the state | 10 | | that issued it; | 11 | | (5) the medical certification status; | 12 | | (6) the expiration date of the medical examiner's | 13 | | certificate; | 14 | | (7) the existence of any medical variance on the | 15 | | medical examiner's certificate or grandfather provisions; | 16 | | (8) any restrictions noted on the medical examiner's | 17 | | certificate; and | 18 | | (9) the date the medical examiner's certificate | 19 | | information was posted to the CDLIS driver record. | 20 | | (f) Within 10 calendar days of the expiration or rescission | 21 | | of the driver's medical examiner's certificate or medical | 22 | | variance or both, the Secretary shall update the medical | 23 | | certification status to "not certified". | 24 | | (g) Within 10 calendar days of receipt of information from | 25 | | the Federal Motor Carrier Safety Administration regarding | 26 | | issuance or renewal of a medical variance, the Secretary shall |
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| 1 | | update the CDLIS driver record to include the medical variance | 2 | | information provided by the Federal Motor Carrier Safety | 3 | | Administration. | 4 | | (h) The Secretary shall notify the driver of his or her | 5 | | non-certified status and that his or her CDL will be canceled | 6 | | unless the driver submits a current medical examiner's | 7 | | certificate or medical variance or changes his or her | 8 | | self-certification to driving only in excepted or intrastate | 9 | | commerce. | 10 | | (i) Within 60 calendar days of a driver's medical | 11 | | certification status becoming non-certified, the Secretary | 12 | | shall cancel the CDL. | 13 | | (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
| 14 | | Sec. 6-513. Commercial Driver's License or CDL. The content | 15 | | of the CDL
shall include, but not necessarily be limited to the | 16 | | following:
| 17 | | (a) A CDL shall be distinctly marked "Commercial Driver's | 18 | | License" or
"CDL". It must include, but not necessarily be | 19 | | limited to, the following
information:
| 20 | | (1) the legal name and the Illinois domiciliary address | 21 | | (unless it is
a
Non-resident CDL) of the person to whom the | 22 | | CDL is issued;
| 23 | | (2) the person's color photograph;
| 24 | | (3) a physical description of the person including sex, | 25 | | height, and
may include weight, color of eyes and hair |
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| 1 | | color;
| 2 | | (4) date of birth;
| 3 | | (5) a CDL or file number assigned by the Secretary of | 4 | | State;
| 5 | | (6) the person's signature;
| 6 | | (7) the class or type of commercial vehicle or vehicles | 7 | | which the
person is authorized to drive together with any | 8 | | endorsements or restrictions;
| 9 | | (8) the name of the issuing state; and
| 10 | | (9) the issuance and expiration dates of the CDL ; and .
| 11 | | (10) the restriction code "V" if the driver has been | 12 | | issued a medical variance. | 13 | | (b) Applicant Record Check.
| 14 | | Prior to issuing, renewing, upgrading, or transferring the | 15 | | issuance of a CDL, the Secretary of State shall
obtain, review, | 16 | | and maintain upon issuance , renewal, upgrade, or transfer the | 17 | | driver
applicant's driving record as required by 49 C.F.R. Part | 18 | | 383 and Part 384
and the United States Secretary of | 19 | | Transportation.
| 20 | | (c) Notification of Commercial Driver's License (CDL) | 21 | | Issuance and Self-Certification .
| 22 | | Within 10 days after issuing a CDL, the Secretary of State | 23 | | must notify
the Commercial Driver License Information System of | 24 | | that fact, and provide
all information required to ensure | 25 | | identification of the person.
The Secretary shall also post the | 26 | | driver's self-certification for the type of driving operations |
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| 1 | | to the CDLIS driver record.
| 2 | | (c-5) Change in driver identification information. | 3 | | Within 10 days of any change of driver identification | 4 | | information on any CDL holder, the Secretary of State must | 5 | | notify the Commercial Driver License Information System of the | 6 | | change.
| 7 | | (d) Renewal.
| 8 | | Every person applying for a renewal of a CDL must complete | 9 | | the
appropriate application form required by this Code and any | 10 | | other test
deemed necessary by the Secretary.
| 11 | | (Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
| 12 | | (625 ILCS 5/6-519) (from Ch. 95 1/2, par. 6-519)
| 13 | | Sec. 6-519. Driving Record Information To Be Furnished. | 14 | | Notwithstanding
any other provision of law to the contrary, the | 15 | | Secretary of State shall
furnish the following full information | 16 | | regarding a commercial driver's driving record to :
all | 17 | | information on CDLIS driver records to the driver licensing | 18 | | administrator of any other State; all information on CDLIS | 19 | | driver records to the U.S. Department of Transportation; all | 20 | | information on the CDLIS driver record obtained on the CDLIS | 21 | | motor vehicle record to the affected driver or a motor carrier | 22 | | or prospective motor carrier requesting such
information ; all | 23 | | information on the CDLIS driver record obtained on the CDLIS | 24 | | motor vehicle record of a current or prospective driver to a | 25 | | motor carrier or prospective motor carrier requesting such |
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| 1 | | information , within 10 days of the request; and any other | 2 | | entity or person authorized to receive such
information | 3 | | pursuant to Section 2-123 of this Code.
| 4 | | (Source: P.A. 95-382, eff. 8-23-07.)
| 5 | | Section 99. Effective date. This Act takes effect January | 6 | | 1, 2012.
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