Full Text of HB4075 97th General Assembly
HB4075 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4075 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-205 | | 625 ILCS 5/6-206 | | 625 ILCS 5/11-1301.3 | from Ch. 95 1/2, par. 11-1301.3 | 625 ILCS 5/18a-300 | from Ch. 95 1/2, par. 18a-300 |
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Amends the Illinois Vehicle Code. Increases the fine from $250 to $300 for unauthorized use of a parking place reserved for persons with disabilities. Increases the fine from $500 to $600 for improperly using a disability license plate, decal, or device to park in a parking place reserved for a person with disabilities and provides that any person who improperly uses a disability license plate, decal, or device to park in a parking place reserved for a person with disabilities shall have his or her driving privileges revoked by the Secretary of State. Provides that except for the purpose of relocating the vehicle in an emergency, a commercial vehicle relocator may not remove a vehicle for nonpayment of outstanding debts without first waiting for a period of one hour, if the vehicle is parked in a parking place reserved for persons with disabilities and is displaying disability registration plates or a parking decal or device.
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| | A BILL FOR |
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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 6-205, 6-206, 11-1301.3, and 18a-300 as follows:
| 6 | | (625 ILCS 5/6-205)
| 7 | | Sec. 6-205. Mandatory revocation of license or permit; | 8 | | Hardship cases.
| 9 | | (a) Except as provided in this Section, the Secretary of | 10 | | State shall
immediately revoke the license, permit, or driving | 11 | | privileges of
any driver upon receiving a
report of the | 12 | | driver's conviction of any of the following offenses:
| 13 | | 1. Reckless homicide resulting from the operation of a | 14 | | motor vehicle;
| 15 | | 2. Violation of Section 11-501 of this Code or a | 16 | | similar provision of
a local ordinance relating to the | 17 | | offense of operating or being in physical
control of a | 18 | | vehicle while under the influence of alcohol, other drug or
| 19 | | drugs, intoxicating compound or compounds, or any | 20 | | combination thereof;
| 21 | | 3. Any felony under the laws of any State or the | 22 | | federal government
in the commission of which a motor | 23 | | vehicle was used;
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| 1 | | 4. Violation of Section 11-401 of this Code relating to | 2 | | the offense of
leaving the scene of a traffic accident | 3 | | involving death or personal injury;
| 4 | | 5. Perjury or the making of a false affidavit or | 5 | | statement under
oath to the Secretary of State under this | 6 | | Code or under any
other law relating to the ownership or | 7 | | operation of motor vehicles;
| 8 | | 6. Conviction upon 3 charges of violation of Section | 9 | | 11-503 of this
Code relating to the offense of reckless | 10 | | driving committed within a
period of 12 months;
| 11 | | 7. Conviction of any offense
defined in
Section 4-102 | 12 | | of this Code;
| 13 | | 8. Violation of Section 11-504 of this Code relating to | 14 | | the offense
of drag racing;
| 15 | | 9. Violation of Chapters 8 and 9 of this Code;
| 16 | | 10. Violation of Section 12-5 of the Criminal Code of | 17 | | 1961 arising from
the use of a motor vehicle;
| 18 | | 11. Violation of Section 11-204.1 of this Code relating | 19 | | to aggravated
fleeing or attempting to elude a peace | 20 | | officer;
| 21 | | 12. Violation of paragraph (1) of subsection (b) of | 22 | | Section 6-507,
or a similar law of any other state, | 23 | | relating to the
unlawful operation of a commercial motor | 24 | | vehicle;
| 25 | | 13. Violation of paragraph (a) of Section 11-502 of | 26 | | this Code or a
similar provision of a local ordinance if |
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| 1 | | the driver has been previously
convicted of a violation of | 2 | | that Section or a similar provision of a local
ordinance | 3 | | and the driver was less than 21 years of age at the time of | 4 | | the
offense;
| 5 | | 14. Violation of paragraph (a) of Section 11-506 of | 6 | | this Code or a similar provision of a local ordinance | 7 | | relating to the offense of street racing;
| 8 | | 15. A second or subsequent conviction of driving while | 9 | | the person's driver's license, permit or privileges was | 10 | | revoked for reckless homicide or a similar out-of-state | 11 | | offense; | 12 | | 16. Any offense against any provision in this Code, or | 13 | | any local ordinance, regulating the
movement of traffic | 14 | | when that offense was the proximate cause of the death of | 15 | | any person. Any person whose driving privileges have been | 16 | | revoked pursuant to this paragraph may seek to have the | 17 | | revocation terminated or to have the length of revocation | 18 | | reduced by requesting an administrative hearing with the | 19 | | Secretary of State prior to the projected driver's license | 20 | | application eligibility date ; . | 21 | | 17. Violation of subsection (a-1) of Section 11-1301.3 | 22 | | of this Code relating to unauthorized use of parking places | 23 | | reserved for persons with disabilities. | 24 | | (b) The Secretary of State shall also immediately revoke | 25 | | the license
or permit of any driver in the following | 26 | | situations:
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| 1 | | 1. Of any minor upon receiving the notice provided for | 2 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 3 | | minor has been
adjudicated under that Act as having | 4 | | committed an offense relating to
motor vehicles prescribed | 5 | | in Section 4-103 of this Code;
| 6 | | 2. Of any person when any other law of this State | 7 | | requires either the
revocation or suspension of a license | 8 | | or permit;
| 9 | | 3. Of any person adjudicated under the Juvenile Court | 10 | | Act of 1987 based on an offense determined to have been | 11 | | committed in furtherance of the criminal activities of an | 12 | | organized gang as provided in Section 5-710 of that Act, | 13 | | and that involved the operation or use of a motor vehicle | 14 | | or the use of a driver's license or permit. The revocation | 15 | | shall remain in effect for the period determined by the | 16 | | court. Upon the direction of the court, the Secretary shall | 17 | | issue the person a judicial driving permit, also known as a | 18 | | JDP. The JDP shall be subject to the same terms as a JDP | 19 | | issued under Section 6-206.1, except that the court may | 20 | | direct that a JDP issued under this subdivision (b)(3) be | 21 | | effective immediately.
| 22 | | (c)(1) Whenever a person is convicted of any of the | 23 | | offenses enumerated in
this Section, the court may recommend | 24 | | and the Secretary of State in his
discretion, without regard to | 25 | | whether the recommendation is made by the
court may, upon | 26 | | application,
issue to the person a
restricted driving permit |
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| 1 | | granting the privilege of driving a motor
vehicle between the | 2 | | petitioner's residence and petitioner's place
of employment or | 3 | | within the scope of the petitioner's employment related
duties, | 4 | | or to allow the petitioner to transport himself or herself or a | 5 | | family member
of the petitioner's household to a medical | 6 | | facility for the receipt of necessary medical care or to allow | 7 | | the
petitioner to transport himself or herself to and from | 8 | | alcohol or drug remedial or rehabilitative activity | 9 | | recommended by a licensed service provider, or to allow the
| 10 | | petitioner to transport himself or herself or a family member | 11 | | of the petitioner's household to classes, as a student, at an | 12 | | accredited educational
institution, or to allow the petitioner | 13 | | to transport children, elderly persons, or disabled persons who | 14 | | do not hold driving privileges and are living in the | 15 | | petitioner's household to and from daycare; if the petitioner | 16 | | is able to demonstrate that no alternative means
of | 17 | | transportation is reasonably available and that the petitioner | 18 | | will not endanger
the public safety or welfare; provided that | 19 | | the Secretary's discretion shall be
limited to cases where | 20 | | undue hardship, as defined by the rules of the Secretary of | 21 | | State, would result from a failure to issue the
restricted | 22 | | driving permit. Those multiple offenders identified in | 23 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 24 | | not be eligible for the issuance of a restricted driving | 25 | | permit.
| 26 | | (2) If a person's license or permit is revoked or |
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| 1 | | suspended due to 2 or
more convictions of violating Section | 2 | | 11-501 of this Code or a similar
provision of a local | 3 | | ordinance or a similar out-of-state offense, or Section 9-3 | 4 | | of the Criminal Code of 1961, where the use of alcohol or | 5 | | other drugs is recited as an element of the offense, or a | 6 | | similar out-of-state offense, or a combination of these | 7 | | offenses, arising out
of separate occurrences, that | 8 | | person, if issued a restricted driving permit,
may not | 9 | | operate a vehicle unless it has been equipped with an | 10 | | ignition
interlock device as defined in Section 1-129.1.
| 11 | | (3) If:
| 12 | | (A) a person's license or permit is revoked or | 13 | | suspended 2 or more
times within a 10 year period due | 14 | | to any combination of: | 15 | | (i)
a single conviction of violating Section
| 16 | | 11-501 of this Code or a similar provision of a | 17 | | local ordinance or a similar
out-of-state offense, | 18 | | or Section 9-3 of the Criminal Code of 1961, where | 19 | | the use of alcohol or other drugs is recited as an | 20 | | element of the offense, or a similar out-of-state | 21 | | offense; or | 22 | | (ii)
a statutory summary suspension or | 23 | | revocation under Section
11-501.1; or | 24 | | (iii)
a suspension pursuant to Section | 25 | | 6-203.1;
| 26 | | arising out of
separate occurrences; or |
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| 1 | | (B)
a person has been convicted of one violation of | 2 | | Section 6-303 of this Code committed while his or her | 3 | | driver's license, permit, or privilege was revoked | 4 | | because of a violation of Section 9-3 of the Criminal | 5 | | Code of 1961, relating to the offense of reckless | 6 | | homicide where the use of alcohol or other drugs was | 7 | | recited as an element of the offense, or a similar | 8 | | provision of a law of another state;
| 9 | | that person, if issued a restricted
driving permit, may not | 10 | | operate a vehicle unless it has been equipped with an
| 11 | | ignition interlock device as defined in Section 1-129.1. | 12 | | (4)
The person issued a permit conditioned on the use | 13 | | of an ignition interlock device must pay to the Secretary | 14 | | of State DUI Administration Fund an amount
not to exceed | 15 | | $30 per month. The Secretary shall establish by rule the | 16 | | amount
and the procedures, terms, and conditions relating | 17 | | to these fees. | 18 | | (5)
If the restricted driving permit is issued for | 19 | | employment purposes, then
the prohibition against | 20 | | operating a motor vehicle that is not equipped with an | 21 | | ignition interlock device does not apply to the operation | 22 | | of an occupational vehicle
owned or leased by that person's | 23 | | employer when used solely for employment purposes. | 24 | | (6)
In each case the Secretary of State may issue a
| 25 | | restricted driving permit for a period he deems | 26 | | appropriate, except that the
permit shall expire within one |
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| 1 | | year from the date of issuance. The Secretary
may not, | 2 | | however, issue a restricted driving permit to any person | 3 | | whose current
revocation is the result of a second or | 4 | | subsequent conviction for a violation
of Section 11-501 of | 5 | | this Code or a similar provision of a local ordinance
or | 6 | | any similar out-of-state offense, or Section 9-3 of the | 7 | | Criminal Code of 1961, where the use of alcohol or other | 8 | | drugs is recited as an element of the offense, or any | 9 | | similar out-of-state offense, or any combination of these | 10 | | offenses, until the expiration of at least one year from | 11 | | the date of the
revocation. A restricted
driving permit | 12 | | issued under this Section shall be
subject to cancellation, | 13 | | revocation, and suspension by the Secretary of
State in | 14 | | like manner and for like cause as a driver's license issued
| 15 | | under this Code may be cancelled, revoked, or
suspended; | 16 | | except that a conviction upon one or more offenses against | 17 | | laws or
ordinances regulating the movement of traffic shall | 18 | | be deemed sufficient cause
for the revocation, suspension, | 19 | | or cancellation of a restricted driving permit.
The | 20 | | Secretary of State may, as a condition to the issuance of a | 21 | | restricted
driving permit, require the petitioner to | 22 | | participate in a designated driver
remedial or | 23 | | rehabilitative program. The Secretary of State is | 24 | | authorized to
cancel a restricted driving permit if the | 25 | | permit holder does not successfully
complete the program. | 26 | | However, if an individual's driving privileges have been
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| 1 | | revoked in accordance with paragraph 13 of subsection (a) | 2 | | of this Section, no
restricted driving permit shall be | 3 | | issued until the individual has served 6
months of the | 4 | | revocation period.
| 5 | | (c-5) (Blank).
| 6 | | (c-6) If a person is convicted of a second violation of | 7 | | operating a motor vehicle while the person's driver's license, | 8 | | permit or privilege was revoked, where the revocation was for a | 9 | | violation of Section 9-3 of the Criminal Code of 1961 relating | 10 | | to the offense of reckless homicide or a similar out-of-state | 11 | | offense, the person's driving privileges shall be revoked | 12 | | pursuant to subdivision (a)(15) of this Section. The person may | 13 | | not make application for a license or permit until the | 14 | | expiration of five years from the effective date of the | 15 | | revocation or the expiration of five years from the date of | 16 | | release from a term of imprisonment, whichever is later. | 17 | | (c-7) If a person is convicted of a third or subsequent | 18 | | violation of operating a motor vehicle while the person's | 19 | | driver's license, permit or privilege was revoked, where the | 20 | | revocation was for a violation of Section 9-3 of the Criminal | 21 | | Code of 1961 relating to the offense of reckless homicide or a | 22 | | similar out-of-state offense, the person may never apply for a | 23 | | license or permit. | 24 | | (d)(1) Whenever a person under the age of 21 is convicted | 25 | | under Section
11-501 of this Code or a similar provision of a | 26 | | local ordinance or a similar out-of-state offense, the
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| 1 | | Secretary of State shall revoke the driving privileges of that | 2 | | person. One
year after the date of revocation, and upon | 3 | | application, the Secretary of
State may, if satisfied that the | 4 | | person applying will not endanger the
public safety or welfare, | 5 | | issue a restricted driving permit granting the
privilege of | 6 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 7 | | p.m. or as otherwise provided by this Section for a period of | 8 | | one year.
After this one year period, and upon reapplication | 9 | | for a license as
provided in Section 6-106, upon payment of the | 10 | | appropriate reinstatement
fee provided under paragraph (b) of | 11 | | Section 6-118, the Secretary of State,
in his discretion, may
| 12 | | reinstate the petitioner's driver's license and driving | 13 | | privileges, or extend the restricted driving permit as many | 14 | | times as the
Secretary of State deems appropriate, by | 15 | | additional periods of not more than
12 months each.
| 16 | | (2) If a person's license or permit is revoked or | 17 | | suspended due to 2 or
more convictions of violating Section | 18 | | 11-501 of this Code or a similar
provision of a local | 19 | | ordinance or a similar out-of-state offense, or Section 9-3 | 20 | | of the Criminal Code of 1961, where the use of alcohol or | 21 | | other drugs is recited as an element of the offense, or a | 22 | | similar out-of-state offense, or a combination of these | 23 | | offenses, arising out
of separate occurrences, that | 24 | | person, if issued a restricted driving permit,
may not | 25 | | operate a vehicle unless it has been equipped with an | 26 | | ignition
interlock device as defined in Section 1-129.1.
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| 1 | | (3) If a person's license or permit is revoked or | 2 | | suspended 2 or more times
within a 10 year period due to | 3 | | any combination of: | 4 | | (A) a single conviction of violating Section | 5 | | 11-501
of this
Code or a similar provision of a local | 6 | | ordinance or a similar out-of-state
offense, or | 7 | | Section 9-3 of the Criminal Code of 1961, where the use | 8 | | of alcohol or other drugs is recited as an element of | 9 | | the offense, or a similar out-of-state offense; or | 10 | | (B)
a statutory summary suspension or revocation | 11 | | under Section 11-501.1; or | 12 | | (C) a suspension pursuant to Section 6-203.1; | 13 | | arising out of separate occurrences, that person, if issued | 14 | | a
restricted
driving permit, may not operate a vehicle | 15 | | unless it has been equipped with an
ignition interlock | 16 | | device as defined in Section 1-129.1. | 17 | | (4)
The person issued a permit conditioned upon the use | 18 | | of an interlock device must pay to the Secretary of State | 19 | | DUI Administration Fund an amount
not to exceed $30 per | 20 | | month. The Secretary shall establish by rule the amount
and | 21 | | the procedures, terms, and conditions relating to these | 22 | | fees. | 23 | | (5)
If the restricted driving permit is issued for | 24 | | employment purposes, then
the prohibition against driving | 25 | | a vehicle that is not equipped with an ignition interlock | 26 | | device does not apply to the operation of an occupational |
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| 1 | | vehicle
owned or leased by that person's employer when used | 2 | | solely for employment purposes. | 3 | | (6) A
restricted driving permit issued under this | 4 | | Section shall be subject to
cancellation, revocation, and | 5 | | suspension by the Secretary of State in like
manner and for | 6 | | like cause as a driver's license issued under this Code may | 7 | | be
cancelled, revoked, or suspended; except that a | 8 | | conviction upon one or more
offenses against laws or | 9 | | ordinances regulating the movement of traffic
shall be | 10 | | deemed sufficient cause for the revocation, suspension, or
| 11 | | cancellation of a restricted driving permit.
| 12 | | (d-5) The revocation of the license, permit, or driving | 13 | | privileges of a person convicted of a third or subsequent | 14 | | violation of Section 6-303 of this Code committed while his or | 15 | | her driver's license, permit, or privilege was revoked because | 16 | | of a violation of Section 9-3 of the Criminal Code of 1961, | 17 | | relating to the offense of reckless homicide, or a similar | 18 | | provision of a law of another state, is permanent. The | 19 | | Secretary may not, at any time, issue a license or permit to | 20 | | that person.
| 21 | | (e) This Section is subject to the provisions of the Driver | 22 | | License
Compact.
| 23 | | (f) Any revocation imposed upon any person under | 24 | | subsections 2
and 3 of paragraph (b) that is in effect on | 25 | | December 31, 1988 shall be
converted to a suspension for a like | 26 | | period of time.
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| 1 | | (g) The Secretary of State shall not issue a restricted | 2 | | driving permit to
a person under the age of 16 years whose | 3 | | driving privileges have been revoked
under any provisions of | 4 | | this Code.
| 5 | | (h) The Secretary of State shall require the use of | 6 | | ignition interlock
devices on all vehicles owned by a person | 7 | | who has been convicted of a
second or subsequent offense under | 8 | | Section 11-501 of this Code or a similar
provision of a local | 9 | | ordinance. The person must pay to the Secretary of State DUI | 10 | | Administration Fund an amount not to exceed $30 for each month | 11 | | that he or she uses the device. The Secretary shall establish | 12 | | by rule and
regulation the procedures for certification and use | 13 | | of the interlock
system, the amount of the fee, and the | 14 | | procedures, terms, and conditions relating to these fees.
| 15 | | (i) (Blank).
| 16 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 17 | | State may not issue a restricted driving permit for the | 18 | | operation of a commercial motor vehicle to a person holding a | 19 | | CDL whose driving privileges have been revoked, suspended, | 20 | | cancelled, or disqualified under any provisions of this Code.
| 21 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 22 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 23 | | 7-1-11; 97-333, eff. 8-12-11.)
| 24 | | (625 ILCS 5/6-206)
| 25 | | Sec. 6-206. Discretionary authority to suspend or revoke |
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| 1 | | license or
permit; Right to a hearing.
| 2 | | (a) The Secretary of State is authorized to suspend or | 3 | | revoke the
driving privileges of any person without preliminary | 4 | | hearing upon a showing
of the person's records or other | 5 | | sufficient evidence that
the person:
| 6 | | 1. Has committed an offense for which mandatory | 7 | | revocation of
a driver's license or permit is required upon | 8 | | conviction;
| 9 | | 2. Has been convicted of not less than 3 offenses | 10 | | against traffic
regulations governing the movement of | 11 | | vehicles committed within any 12
month period. No | 12 | | revocation or suspension shall be entered more than
6 | 13 | | months after the date of last conviction;
| 14 | | 3. Has been repeatedly involved as a driver in motor | 15 | | vehicle
collisions or has been repeatedly convicted of | 16 | | offenses against laws and
ordinances regulating the | 17 | | movement of traffic, to a degree that
indicates lack of | 18 | | ability to exercise ordinary and reasonable care in
the | 19 | | safe operation of a motor vehicle or disrespect for the | 20 | | traffic laws
and the safety of other persons upon the | 21 | | highway;
| 22 | | 4. Has by the unlawful operation of a motor vehicle | 23 | | caused or
contributed to an accident resulting in injury | 24 | | requiring
immediate professional treatment in a medical | 25 | | facility or doctor's office
to any person, except that any | 26 | | suspension or revocation imposed by the
Secretary of State |
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| 1 | | under the provisions of this subsection shall start no
| 2 | | later than 6 months after being convicted of violating a | 3 | | law or
ordinance regulating the movement of traffic, which | 4 | | violation is related
to the accident, or shall start not | 5 | | more than one year
after
the date of the accident, | 6 | | whichever date occurs later;
| 7 | | 5. Has permitted an unlawful or fraudulent use of a | 8 | | driver's
license, identification card, or permit;
| 9 | | 6. Has been lawfully convicted of an offense or | 10 | | offenses in another
state, including the authorization | 11 | | contained in Section 6-203.1, which
if committed within | 12 | | this State would be grounds for suspension or revocation;
| 13 | | 7. Has refused or failed to submit to an examination | 14 | | provided for by
Section 6-207 or has failed to pass the | 15 | | examination;
| 16 | | 8. Is ineligible for a driver's license or permit under | 17 | | the provisions
of Section 6-103;
| 18 | | 9. Has made a false statement or knowingly concealed a | 19 | | material fact
or has used false information or | 20 | | identification in any application for a
license, | 21 | | identification card, or permit;
| 22 | | 10. Has possessed, displayed, or attempted to | 23 | | fraudulently use any
license, identification card, or | 24 | | permit not issued to the person;
| 25 | | 11. Has operated a motor vehicle upon a highway of this | 26 | | State when
the person's driving privilege or privilege to |
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| 1 | | obtain a driver's license
or permit was revoked or | 2 | | suspended unless the operation was authorized by
a | 3 | | monitoring device driving permit, judicial driving permit | 4 | | issued prior to January 1, 2009, probationary license to | 5 | | drive, or a restricted
driving permit issued under this | 6 | | Code;
| 7 | | 12. Has submitted to any portion of the application | 8 | | process for
another person or has obtained the services of | 9 | | another person to submit to
any portion of the application | 10 | | process for the purpose of obtaining a
license, | 11 | | identification card, or permit for some other person;
| 12 | | 13. Has operated a motor vehicle upon a highway of this | 13 | | State when
the person's driver's license or permit was | 14 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 15 | | 14. Has committed a violation of Section 6-301, | 16 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 17 | | of the Illinois Identification Card
Act;
| 18 | | 15. Has been convicted of violating Section 21-2 of the | 19 | | Criminal Code
of 1961 relating to criminal trespass to | 20 | | vehicles in which case, the suspension
shall be for one | 21 | | year;
| 22 | | 16. Has been convicted of violating Section 11-204 of | 23 | | this Code relating
to fleeing from a peace officer;
| 24 | | 17. Has refused to submit to a test, or tests, as | 25 | | required under Section
11-501.1 of this Code and the person | 26 | | has not sought a hearing as
provided for in Section |
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| 1 | | 11-501.1;
| 2 | | 18. Has, since issuance of a driver's license or | 3 | | permit, been adjudged
to be afflicted with or suffering | 4 | | from any mental disability or disease;
| 5 | | 19. Has committed a violation of paragraph (a) or (b) | 6 | | of Section 6-101
relating to driving without a driver's | 7 | | license;
| 8 | | 20. Has been convicted of violating Section 6-104 | 9 | | relating to
classification of driver's license;
| 10 | | 21. Has been convicted of violating Section 11-402 of
| 11 | | this Code relating to leaving the scene of an accident | 12 | | resulting in damage
to a vehicle in excess of $1,000, in | 13 | | which case the suspension shall be
for one year;
| 14 | | 22. Has used a motor vehicle in violating paragraph | 15 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 16 | | the Criminal Code of 1961 relating
to unlawful use of | 17 | | weapons, in which case the suspension shall be for one
| 18 | | year;
| 19 | | 23. Has, as a driver, been convicted of committing a | 20 | | violation of
paragraph (a) of Section 11-502 of this Code | 21 | | for a second or subsequent
time within one year of a | 22 | | similar violation;
| 23 | | 24. Has been convicted by a court-martial or punished | 24 | | by non-judicial
punishment by military authorities of the | 25 | | United States at a military
installation in Illinois of or | 26 | | for a traffic related offense that is the
same as or |
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| 1 | | similar to an offense specified under Section 6-205 or | 2 | | 6-206 of
this Code;
| 3 | | 25. Has permitted any form of identification to be used | 4 | | by another in
the application process in order to obtain or | 5 | | attempt to obtain a license,
identification card, or | 6 | | permit;
| 7 | | 26. Has altered or attempted to alter a license or has | 8 | | possessed an
altered license, identification card, or | 9 | | permit;
| 10 | | 27. Has violated Section 6-16 of the Liquor Control Act | 11 | | of 1934;
| 12 | | 28. Has been convicted of the illegal possession, while | 13 | | operating or
in actual physical control, as a driver, of a | 14 | | motor vehicle, of any
controlled substance prohibited | 15 | | under the Illinois Controlled Substances
Act, any cannabis | 16 | | prohibited under the Cannabis Control
Act, or any | 17 | | methamphetamine prohibited under the Methamphetamine | 18 | | Control and Community Protection Act, in which case the | 19 | | person's driving privileges shall be suspended for
one | 20 | | year, and any driver who is convicted of a second or | 21 | | subsequent
offense, within 5 years of a previous | 22 | | conviction, for the illegal
possession, while operating or | 23 | | in actual physical control, as a driver, of
a motor | 24 | | vehicle, of any controlled substance prohibited under the | 25 | | Illinois Controlled Substances Act, any cannabis
| 26 | | prohibited under the Cannabis Control Act, or any |
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| 1 | | methamphetamine prohibited under the Methamphetamine | 2 | | Control and Community Protection Act shall be suspended for | 3 | | 5 years.
Any defendant found guilty of this offense while | 4 | | operating a motor vehicle,
shall have an entry made in the | 5 | | court record by the presiding judge that
this offense did | 6 | | occur while the defendant was operating a motor vehicle
and | 7 | | order the clerk of the court to report the violation to the | 8 | | Secretary
of State;
| 9 | | 29. Has been convicted of the following offenses that | 10 | | were committed
while the person was operating or in actual | 11 | | physical control, as a driver,
of a motor vehicle: criminal | 12 | | sexual assault,
predatory criminal sexual assault of a | 13 | | child,
aggravated criminal sexual
assault, criminal sexual | 14 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 15 | | soliciting for a juvenile prostitute, promoting juvenile | 16 | | prostitution as described in subdivision (a)(1), (a)(2), | 17 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, | 18 | | and the manufacture, sale or
delivery of controlled | 19 | | substances or instruments used for illegal drug use
or | 20 | | abuse in which case the driver's driving privileges shall | 21 | | be suspended
for one year;
| 22 | | 30. Has been convicted a second or subsequent time for | 23 | | any
combination of the offenses named in paragraph 29 of | 24 | | this subsection,
in which case the person's driving | 25 | | privileges shall be suspended for 5
years;
| 26 | | 31. Has refused to submit to a test as
required by |
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| 1 | | Section 11-501.6 or has submitted to a test resulting in
an | 2 | | alcohol concentration of 0.08 or more or any amount of a | 3 | | drug, substance, or
compound resulting from the unlawful | 4 | | use or consumption of cannabis as listed
in the Cannabis | 5 | | Control Act, a controlled substance as listed in the | 6 | | Illinois
Controlled Substances Act, an intoxicating | 7 | | compound as listed in the Use of
Intoxicating Compounds | 8 | | Act, or methamphetamine as listed in the Methamphetamine | 9 | | Control and Community Protection Act, in which case the | 10 | | penalty shall be
as prescribed in Section 6-208.1;
| 11 | | 32. Has been convicted of Section 24-1.2 of the | 12 | | Criminal Code of
1961 relating to the aggravated discharge | 13 | | of a firearm if the offender was
located in a motor vehicle | 14 | | at the time the firearm was discharged, in which
case the | 15 | | suspension shall be for 3 years;
| 16 | | 33. Has as a driver, who was less than 21 years of age | 17 | | on the date of
the offense, been convicted a first time of | 18 | | a violation of paragraph (a) of
Section 11-502 of this Code | 19 | | or a similar provision of a local ordinance;
| 20 | | 34. Has committed a violation of Section 11-1301.5 of | 21 | | this Code;
| 22 | | 35. Has committed a violation of Section 11-1301.6 of | 23 | | this Code;
| 24 | | 36. Is under the age of 21 years at the time of arrest | 25 | | and has been
convicted of not less than 2 offenses against | 26 | | traffic regulations governing
the movement of vehicles |
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| 1 | | committed within any 24 month period. No revocation
or | 2 | | suspension shall be entered more than 6 months after the | 3 | | date of last
conviction;
| 4 | | 37. Has committed a violation of subsection (c) of | 5 | | Section 11-907 of this
Code that resulted in damage to the | 6 | | property of another or the death or injury of another;
| 7 | | 38. Has been convicted of a violation of Section 6-20 | 8 | | of the Liquor
Control Act of 1934 or a similar provision of | 9 | | a local ordinance;
| 10 | | 39. Has committed a second or subsequent violation of | 11 | | Section
11-1201 of this Code;
| 12 | | 40. Has committed a violation of subsection (a-1) of | 13 | | Section 11-908 of
this Code; | 14 | | 41. Has committed a second or subsequent violation of | 15 | | Section 11-605.1 of this Code, a similar provision of a | 16 | | local ordinance, or a similar violation in any other state | 17 | | within 2 years of the date of the previous violation, in | 18 | | which case the suspension shall be for 90 days; | 19 | | 42. (Blank) Has committed a violation of subsection | 20 | | (a-1) of Section 11-1301.3 of this Code ;
| 21 | | 43. Has received a disposition of court supervision for | 22 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 23 | | of the Liquor
Control Act of 1934 or a similar provision of | 24 | | a local ordinance, in which case the suspension shall be | 25 | | for a period of 3 months;
| 26 | | 44.
Is under the age of 21 years at the time of arrest |
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| 1 | | and has been convicted of an offense against traffic | 2 | | regulations governing the movement of vehicles after | 3 | | having previously had his or her driving privileges
| 4 | | suspended or revoked pursuant to subparagraph 36 of this | 5 | | Section; or | 6 | | 45.
Has, in connection with or during the course of a | 7 | | formal hearing conducted under Section 2-118 of this Code: | 8 | | (i) committed perjury; (ii) submitted fraudulent or | 9 | | falsified documents; (iii) submitted documents that have | 10 | | been materially altered; or (iv) submitted, as his or her | 11 | | own, documents that were in fact prepared or composed for | 12 | | another person.
| 13 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 14 | | and 27 of this
subsection, license means any driver's license, | 15 | | any traffic ticket issued when
the person's driver's license is | 16 | | deposited in lieu of bail, a suspension
notice issued by the | 17 | | Secretary of State, a duplicate or corrected driver's
license, | 18 | | a probationary driver's license or a temporary driver's | 19 | | license.
| 20 | | (b) If any conviction forming the basis of a suspension or
| 21 | | revocation authorized under this Section is appealed, the
| 22 | | Secretary of State may rescind or withhold the entry of the | 23 | | order of suspension
or revocation, as the case may be, provided | 24 | | that a certified copy of a stay
order of a court is filed with | 25 | | the Secretary of State. If the conviction is
affirmed on | 26 | | appeal, the date of the conviction shall relate back to the |
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| 1 | | time
the original judgment of conviction was entered and the 6 | 2 | | month limitation
prescribed shall not apply.
| 3 | | (c) 1. Upon suspending or revoking the driver's license or | 4 | | permit of
any person as authorized in this Section, the | 5 | | Secretary of State shall
immediately notify the person in | 6 | | writing of the revocation or suspension.
The notice to be | 7 | | deposited in the United States mail, postage prepaid,
to the | 8 | | last known address of the person.
| 9 | | 2. If the Secretary of State suspends the driver's | 10 | | license
of a person under subsection 2 of paragraph (a) of | 11 | | this Section, a
person's privilege to operate a vehicle as | 12 | | an occupation shall not be
suspended, provided an affidavit | 13 | | is properly completed, the appropriate fee
received, and a | 14 | | permit issued prior to the effective date of the
| 15 | | suspension, unless 5 offenses were committed, at least 2 of | 16 | | which occurred
while operating a commercial vehicle in | 17 | | connection with the driver's
regular occupation. All other | 18 | | driving privileges shall be suspended by the
Secretary of | 19 | | State. Any driver prior to operating a vehicle for
| 20 | | occupational purposes only must submit the affidavit on | 21 | | forms to be
provided by the Secretary of State setting | 22 | | forth the facts of the person's
occupation. The affidavit | 23 | | shall also state the number of offenses
committed while | 24 | | operating a vehicle in connection with the driver's regular
| 25 | | occupation. The affidavit shall be accompanied by the | 26 | | driver's license.
Upon receipt of a properly completed |
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| 1 | | affidavit, the Secretary of State
shall issue the driver a | 2 | | permit to operate a vehicle in connection with the
driver's | 3 | | regular occupation only. Unless the permit is issued by the
| 4 | | Secretary of State prior to the date of suspension, the | 5 | | privilege to drive
any motor vehicle shall be suspended as | 6 | | set forth in the notice that was
mailed under this Section. | 7 | | If an affidavit is received subsequent to the
effective | 8 | | date of this suspension, a permit may be issued for the | 9 | | remainder
of the suspension period.
| 10 | | The provisions of this subparagraph shall not apply to | 11 | | any driver
required to possess a CDL for the purpose of | 12 | | operating a commercial motor vehicle.
| 13 | | Any person who falsely states any fact in the affidavit | 14 | | required
herein shall be guilty of perjury under Section | 15 | | 6-302 and upon conviction
thereof shall have all driving | 16 | | privileges revoked without further rights.
| 17 | | 3. At the conclusion of a hearing under Section 2-118 | 18 | | of this Code,
the Secretary of State shall either rescind | 19 | | or continue an order of
revocation or shall substitute an | 20 | | order of suspension; or, good
cause appearing therefor, | 21 | | rescind, continue, change, or extend the
order of | 22 | | suspension. If the Secretary of State does not rescind the | 23 | | order,
the Secretary may upon application,
to relieve undue | 24 | | hardship (as defined by the rules of the Secretary of | 25 | | State), issue
a restricted driving permit granting the | 26 | | privilege of driving a motor
vehicle between the |
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| 1 | | petitioner's residence and petitioner's place of
| 2 | | employment or within the scope of the petitioner's | 3 | | employment related duties, or to
allow the petitioner to | 4 | | transport himself or herself, or a family member of the
| 5 | | petitioner's household to a medical facility, to receive | 6 | | necessary medical care, to allow the petitioner to | 7 | | transport himself or herself to and from alcohol or drug
| 8 | | remedial or rehabilitative activity recommended by a | 9 | | licensed service provider, or to allow the petitioner to | 10 | | transport himself or herself or a family member of the | 11 | | petitioner's household to classes, as a student, at an | 12 | | accredited educational institution, or to allow the | 13 | | petitioner to transport children, elderly persons, or | 14 | | disabled persons who do not hold driving privileges and are | 15 | | living in the petitioner's household to and from daycare. | 16 | | The
petitioner must demonstrate that no alternative means | 17 | | of
transportation is reasonably available and that the | 18 | | petitioner will not endanger
the public safety or welfare. | 19 | | Those multiple offenders identified in subdivision (b)4 of | 20 | | Section 6-208 of this Code, however, shall not be eligible | 21 | | for the issuance of a restricted driving permit.
| 22 | |
(A) If a person's license or permit is revoked or | 23 | | suspended due to 2
or more convictions of violating | 24 | | Section 11-501 of this Code or a similar
provision of a | 25 | | local ordinance or a similar out-of-state offense, or | 26 | | Section 9-3 of the Criminal Code of 1961, where the use |
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| 1 | | of alcohol or other drugs is recited as an element of | 2 | | the offense, or a similar out-of-state offense, or a | 3 | | combination of these offenses, arising out
of separate | 4 | | occurrences, that person, if issued a restricted | 5 | | driving permit,
may not operate a vehicle unless it has | 6 | | been equipped with an ignition
interlock device as | 7 | | defined in Section 1-129.1.
| 8 | | (B) If a person's license or permit is revoked or | 9 | | suspended 2 or more
times within a 10 year period due | 10 | | to any combination of: | 11 | | (i) a single conviction of violating Section
| 12 | | 11-501 of this Code or a similar provision of a | 13 | | local ordinance or a similar
out-of-state offense | 14 | | or Section 9-3 of the Criminal Code of 1961, where | 15 | | the use of alcohol or other drugs is recited as an | 16 | | element of the offense, or a similar out-of-state | 17 | | offense; or | 18 | | (ii) a statutory summary suspension or | 19 | | revocation under Section
11-501.1; or | 20 | | (iii) a suspension under Section 6-203.1; | 21 | | arising out of
separate occurrences; that person, if | 22 | | issued a restricted driving permit, may
not operate a | 23 | | vehicle unless it has been
equipped with an ignition | 24 | | interlock device as defined in Section 1-129.1. | 25 | | (C)
The person issued a permit conditioned upon the | 26 | | use of an ignition interlock device must pay to the |
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| 1 | | Secretary of State DUI Administration Fund an amount
| 2 | | not to exceed $30 per month. The Secretary shall | 3 | | establish by rule the amount
and the procedures, terms, | 4 | | and conditions relating to these fees. | 5 | | (D) If the
restricted driving permit is issued for | 6 | | employment purposes, then the prohibition against | 7 | | operating a motor vehicle that is not equipped with an | 8 | | ignition interlock device does not apply to the | 9 | | operation of an occupational vehicle owned or
leased by | 10 | | that person's employer when used solely for employment | 11 | | purposes. | 12 | | (E) In each case the Secretary may issue a
| 13 | | restricted driving permit for a period deemed | 14 | | appropriate, except that all
permits shall expire | 15 | | within one year from the date of issuance. The | 16 | | Secretary
may not, however, issue a restricted driving | 17 | | permit to any person whose current
revocation is the | 18 | | result of a second or subsequent conviction for a | 19 | | violation
of Section 11-501 of this Code or a similar | 20 | | provision of a local ordinance
or any similar | 21 | | out-of-state offense, or Section 9-3 of the Criminal | 22 | | Code of 1961, where the use of alcohol or other drugs | 23 | | is recited as an element of the offense, or any similar | 24 | | out-of-state offense, or any combination
of those | 25 | | offenses, until the expiration of at least one year | 26 | | from the date of
the revocation. A
restricted driving |
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| 1 | | permit issued under this Section shall be subject to
| 2 | | cancellation, revocation, and suspension by the | 3 | | Secretary of State in like
manner and for like cause as | 4 | | a driver's license issued under this Code may be
| 5 | | cancelled, revoked, or suspended; except that a | 6 | | conviction upon one or more
offenses against laws or | 7 | | ordinances regulating the movement of traffic
shall be | 8 | | deemed sufficient cause for the revocation, | 9 | | suspension, or
cancellation of a restricted driving | 10 | | permit. The Secretary of State may, as
a condition to | 11 | | the issuance of a restricted driving permit, require | 12 | | the
applicant to participate in a designated driver | 13 | | remedial or rehabilitative
program. The Secretary of | 14 | | State is authorized to cancel a restricted
driving | 15 | | permit if the permit holder does not successfully | 16 | | complete the program.
| 17 | | (c-3) In the case of a suspension under paragraph 43 of | 18 | | subsection (a), reports received by the Secretary of State | 19 | | under this Section shall, except during the actual time the | 20 | | suspension is in effect, be privileged information and for use | 21 | | only by the courts, police officers, prosecuting authorities, | 22 | | the driver licensing administrator of any other state, the | 23 | | Secretary of State, or the parent or legal guardian of a driver | 24 | | under the age of 18. However, beginning January 1, 2008, if the | 25 | | person is a CDL holder, the suspension shall also be made | 26 | | available to the driver licensing administrator of any other |
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| 1 | | state, the U.S. Department of Transportation, and the affected | 2 | | driver or motor
carrier or prospective motor carrier upon | 3 | | request.
| 4 | | (c-4) In the case of a suspension under paragraph 43 of | 5 | | subsection (a), the Secretary of State shall notify the person | 6 | | by mail that his or her driving privileges and driver's license | 7 | | will be suspended one month after the date of the mailing of | 8 | | the notice.
| 9 | | (c-5) The Secretary of State may, as a condition of the | 10 | | reissuance of a
driver's license or permit to an applicant | 11 | | whose driver's license or permit has
been suspended before he | 12 | | or she reached the age of 21 years pursuant to any of
the | 13 | | provisions of this Section, require the applicant to | 14 | | participate in a
driver remedial education course and be | 15 | | retested under Section 6-109 of this
Code.
| 16 | | (d) This Section is subject to the provisions of the | 17 | | Drivers License
Compact.
| 18 | | (e) The Secretary of State shall not issue a restricted | 19 | | driving permit to
a person under the age of 16 years whose | 20 | | driving privileges have been suspended
or revoked under any | 21 | | provisions of this Code.
| 22 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 23 | | State may not issue a restricted driving permit for the | 24 | | operation of a commercial motor vehicle to a person holding a | 25 | | CDL whose driving privileges have been suspended, revoked, | 26 | | cancelled, or disqualified under any provisions of this Code. |
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| 1 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 2 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 3 | | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | 4 | | eff. 8-12-11; revised 9-15-11.)
| 5 | | (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
| 6 | | Sec. 11-1301.3. Unauthorized use of parking places | 7 | | reserved for persons with
disabilities. | 8 | | (a) It shall be prohibited to park any motor vehicle which | 9 | | is not properly
displaying
registration plates or decals issued | 10 | | to a person with disabilities, as defined
by Section 1-159.1, | 11 | | pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a | 12 | | disabled veteran pursuant to Section 3-609 of this Act, as | 13 | | evidence that the
vehicle is operated by or for a person with | 14 | | disabilities or disabled veteran,
in any parking place, | 15 | | including any private
or public offstreet parking facility, | 16 | | specifically reserved, by the
posting of an official sign as | 17 | | designated under Section 11-301, for
motor vehicles displaying | 18 | | such registration plates.
It shall be prohibited to park any | 19 | | motor vehicle in a designated access
aisle adjacent to any | 20 | | parking place specifically reserved for persons with
| 21 | | disabilities, by the posting of an official sign as designated | 22 | | under Section
11-301, for motor vehicles displaying such | 23 | | registration plates.
When using the parking privileges for | 24 | | persons with disabilities, the parking
decal or device must be | 25 | | displayed properly in the vehicle where it is clearly
visible |
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| 1 | | to law enforcement personnel, either hanging from the rearview | 2 | | mirror
or placed on the dashboard of the vehicle in clear view.
| 3 | | Disability license plates and parking decals and devices are | 4 | | not transferable from person to person. Proper usage of the | 5 | | disability license plate or parking decal or device requires | 6 | | the authorized holder to be present and enter or exit the | 7 | | vehicle at the time the parking privileges are being used. It | 8 | | is a violation of this Section to park in a space reserved for | 9 | | a person with disabilities if the authorized holder of the | 10 | | disability license plate or parking decal or device does not | 11 | | enter or exit the vehicle at the time the parking privileges | 12 | | are being used. Any motor vehicle properly displaying a | 13 | | disability license plate or a
parking decal or device | 14 | | containing the International symbol of access
issued to persons | 15 | | with disabilities by any local authority, state, district,
| 16 | | territory or foreign country shall be recognized by State and | 17 | | local
authorities as a valid license plate or device and | 18 | | receive the same parking
privileges as residents of this State.
| 19 | | (a-1) An individual with a vehicle displaying disability | 20 | | license plates or a parking decal or device issued to a | 21 | | qualified person with a disability under Sections 3-616, | 22 | | 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 23 | | 3-609 is in violation of this Section if (i) the person using | 24 | | the disability license plate or parking decal or device is not | 25 | | the authorized holder of the disability license plate or | 26 | | parking decal or device or is not transporting the authorized |
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| 1 | | holder of the disability license plate or parking decal or | 2 | | device to or from the parking location and (ii) the person uses | 3 | | the disability license plate or parking decal or device to | 4 | | exercise any privileges granted through the disability license | 5 | | plate or parking decals or devices under this Code.
| 6 | | (b) Any person or local authority owning or operating any | 7 | | public or private
offstreet parking facility may, after | 8 | | notifying the police or sheriff's
department, remove or cause | 9 | | to be removed to the nearest garage or other
place of safety | 10 | | any vehicle parked within a stall or space reserved for
use by | 11 | | a person with disabilities which does not
display person with | 12 | | disabilities registration
plates or a special decal or device | 13 | | as required under this Section.
| 14 | | (c) Any person found guilty of violating the provisions of | 15 | | subsection (a) shall be fined $300 $250 in addition to any | 16 | | costs or charges connected
with the removal or storage of any | 17 | | motor vehicle authorized under this
Section; but | 18 | | municipalities by ordinance may impose a fine up to $350
and | 19 | | shall display signs indicating the fine imposed. If the amount | 20 | | of
the fine is subsequently changed, the municipality shall | 21 | | change the sign to
indicate the current amount of the fine.
It | 22 | | shall not be a defense to a charge under this Section that | 23 | | either the sign posted
pursuant to this
Section or the intended | 24 | | accessible parking place does not comply with the technical | 25 | | requirements of Section 11-301,
Department
regulations, or | 26 | | local ordinance if a reasonable person would be made aware by
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| 1 | | the
sign or notice on or near the parking place that the place | 2 | | is reserved for a
person
with
disabilities.
| 3 | | (c-1) Any person found guilty of violating the provisions | 4 | | of subsection (a-1) a first time shall be fined $600 $500 . Any | 5 | | person found guilty of violating subsection (a-1) a second time | 6 | | shall be fined $750. Any person found guilty of violating | 7 | | subsection (a-1) a third or subsequent time shall be fined | 8 | | $1,000. The circuit clerk shall distribute 50% of the fine | 9 | | imposed on any person who is found guilty of or pleads guilty | 10 | | to violating this Section, including any person placed on court | 11 | | supervision for violating this Section, to the law enforcement | 12 | | agency that issued the citation or made the arrest. If more | 13 | | than one law enforcement agency is responsible for issuing the | 14 | | citation or making the arrest, the 50% of the fine imposed | 15 | | shall be shared equally.
If an officer of the Secretary of | 16 | | State Department of Police arrested a person for a violation of | 17 | | this Section, 50% of the fine imposed shall be deposited into | 18 | | the Secretary of State Police Services Fund. | 19 | | (d) Local authorities shall impose fines as established in | 20 | | subsections
(c) and (c-1) for violations of this Section.
| 21 | | (e) As used in this Section, "authorized holder" means an | 22 | | individual
issued a disability
license plate under Section | 23 | | 3-616 of this
Code, an individual issued a parking decal or | 24 | | device
under Section 11-1301.2 of this Code, or an individual | 25 | | issued a disabled veteran's license plate under Section 3-609 | 26 | | of this Code. |
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| 1 | | (f) Any person who commits a violation of subsection (a-1) | 2 | | shall may have his or her driving privileges suspended or | 3 | | revoked by the Secretary of State for a period of time | 4 | | determined by the Secretary of State. The Secretary of State | 5 | | may also suspend or revoke the disability license plates or | 6 | | parking decal or device for a period of time determined by the | 7 | | Secretary of State.
| 8 | | (g) Any police officer may seize the parking decal
or | 9 | | device from any person who commits a violation of this Section. | 10 | | Any police officer may seize the disability license plate upon | 11 | | authorization from the Secretary of State. Any police officer | 12 | | may request that the Secretary of State revoke the parking | 13 | | decal or device or the disability license plate of any person | 14 | | who commits a violation of this Section. | 15 | | (Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876, | 16 | | eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; 96-962, | 17 | | eff. 7-2-10; 96-1000, eff. 7-2-10.)
| 18 | | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| 19 | | Sec. 18a-300. Commercial vehicle relocators - Unlawful | 20 | | practices. It
shall be unlawful for any commercial vehicle | 21 | | relocator:
| 22 | | (1) To operate in any county in which this Chapter is | 23 | | applicable
without a valid, current relocator's license as | 24 | | provided in Article IV
of this Chapter;
| 25 | | (2) To employ as an operator, or otherwise so use the |
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| 1 | | services of,
any person who does not have at the | 2 | | commencement of employment or
service, or at any time | 3 | | during the course of employment or service, a
valid, | 4 | | current operator's employment permit, or temporary | 5 | | operator's
employment permit issued in accordance with | 6 | | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | 7 | | notify the Commission, in writing, of any
known criminal | 8 | | conviction of any employee occurring at any time before
or | 9 | | during the course of employment or service;
| 10 | | (3) To employ as a dispatcher, or otherwise so use the | 11 | | services of, any
person who does not have at the | 12 | | commencement of employment or service, or
at any time | 13 | | during the course of employment or service, a valid, | 14 | | current
dispatcher's or operator's employment permit or | 15 | | temporary dispatcher's or
operator's employment permit | 16 | | issued in accordance with Sections 18a-403 or
18a-407 of | 17 | | this Chapter; or to fail to notify the Commission, in | 18 | | writing,
of any known criminal conviction of any employee | 19 | | occurring at any time
before or during the course of | 20 | | employment or service;
| 21 | | (4) To operate upon the highways of this State any | 22 | | vehicle used in
connection with any commercial vehicle | 23 | | relocation service unless:
| 24 | |
(A) There is painted or firmly affixed to the | 25 | | vehicle on both sides of the
vehicle in a color or | 26 | | colors vividly contrasting to the color of the vehicle
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| 1 | | the name, address and telephone number of the | 2 | | relocator.
The Commission shall prescribe reasonable | 3 | | rules and regulations
pertaining to insignia to be | 4 | | painted or firmly affixed to vehicles and
shall waive | 5 | | the requirements of the address on any vehicle in cases
| 6 | | where the operator of a vehicle has painted or | 7 | | otherwise firmly affixed
to the vehicle a seal or trade | 8 | | mark that clearly identifies the
operator of the | 9 | | vehicle; and
| 10 | |
(B) There is carried in the power unit of the | 11 | | vehicle a certified
copy of the currently effective | 12 | | relocator's license and operator's
employment permit. | 13 | | Copies may be photographed, photocopied, or reproduced
| 14 | | or printed by any other legible and durable process. | 15 | | Any person guilty of
not causing to be displayed a copy | 16 | | of his relocator's license and
operator's employment | 17 | | permit may in any hearing concerning the violation
be | 18 | | excused from the payment of the penalty hereinafter | 19 | | provided upon a
showing that the license was issued by | 20 | | the Commission, but was
subsequently lost or | 21 | | destroyed;
| 22 | | (5) To operate upon the highways of this State any | 23 | | vehicle used in
connection with any commercial vehicle | 24 | | relocation service that bears the
name or address and | 25 | | telephone number of any person or entity other than
the | 26 | | relocator by which it is owned or to which it is leased;
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| 1 | | (6) To advertise in any newspaper, book, list, | 2 | | classified directory
or other publication unless there is | 3 | | contained in the advertisement the
license number of the | 4 | | relocator;
| 5 | | (7) To remove any vehicle from private property without | 6 | | having first
obtained the written authorization of the | 7 | | property owner or other person
in lawful possession or | 8 | | control of the property, his authorized agent,
or an | 9 | | authorized law enforcement officer. The authorization may | 10 | | be on
a contractual basis covering a period of time or | 11 | | limited to a specific
removal;
| 12 | | (8) To charge the private property owner, who requested | 13 | | that an
unauthorized vehicle be removed from his property, | 14 | | with the costs of
removing the vehicle contrary to any | 15 | | terms that may be a part of the
contract between the | 16 | | property owner and the commercial relocator.
Nothing in | 17 | | this paragraph shall prevent a relocator from assessing,
| 18 | | collecting, or receiving from the property owner, lessee, | 19 | | or their agents
any fee prescribed by the Commission;
| 20 | | (9) To remove a vehicle when the owner or operator of | 21 | | the vehicle
is present or arrives at the vehicle location | 22 | | at any time prior to the
completion of removal, and is | 23 | | willing and able to remove the vehicle
immediately;
| 24 | | (10) To remove any vehicle from property on which signs | 25 | | are required
and on which there are not posted appropriate | 26 | | signs under Section
18a-302;
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| 1 | | (11) To fail to notify law enforcement authorities in | 2 | | the
jurisdiction in which the trespassing vehicle was | 3 | | removed within one
hour of the removal. Notification shall | 4 | | include a complete description
of the vehicle, | 5 | | registration numbers if possible, the locations from
which | 6 | | and to which the vehicle was removed, the time of removal, | 7 | | and any
other information required by regulation, statute | 8 | | or ordinance;
| 9 | | (12) To impose any charge other than in accordance with | 10 | | the rates set by the
Commission as provided in paragraph | 11 | | (6) of Section 18a-200 of this Chapter;
| 12 | | (13) To fail, in the office or location at which | 13 | | relocated vehicles
are routinely returned to their owners, | 14 | | to prominently post the name,
address and telephone number | 15 | | of the nearest office of the Commission to
which inquiries | 16 | | or complaints may be sent;
| 17 | | (13.1) To fail to distribute to each owner or operator | 18 | | of a relocated
vehicle, in written form as prescribed by | 19 | | Commission rule or regulation, the
relevant statutes, | 20 | | regulations and ordinances governing commercial vehicle
| 21 | | relocators, including, in at least 12 point boldface type, | 22 | | the name, address
and telephone number of the nearest | 23 | | office of the Commission to which inquiries
or complaints | 24 | | may be sent;
| 25 | | (13.2) To fail, in the office or location at which | 26 | | relocated vehicles
are routinely returned to their owners, |
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| 1 | | to ensure that the relocator's representative provides | 2 | | suitable evidence of his or her identity to the owners of | 3 | | relocated vehicles upon request;
| 4 | | (14) To remove any vehicle, otherwise in accordance | 5 | | with this Chapter,
more than 15 air miles from its location | 6 | | when towed from a location in an
unincorporated area of a | 7 | | county or more than 10 air miles from its location
when | 8 | | towed from any other location;
| 9 | | (15) To fail to make a telephone number available to | 10 | | the police department
of any municipality in which a | 11 | | relocator operates at which the relocator
or an employee of | 12 | | the relocator may be contacted at any time during the
hours | 13 | | in which the relocator is engaged in the towing of | 14 | | vehicles, or
advertised as engaged in the towing of | 15 | | vehicles, for the purpose of
effectuating the release of a | 16 | | towed vehicle; or to fail to include the
telephone number | 17 | | in any advertisement of the relocator's services published
| 18 | | or otherwise appearing on or after the effective date of | 19 | | this amendatory
Act; or to fail to have an employee | 20 | | available at any time on the
premises owned or controlled | 21 | | by the relocator for the purposes of arranging
for the | 22 | | immediate release of the vehicle.
| 23 | | Apart from any other penalty or liability authorized | 24 | | under this Act, if
after a reasonable effort, the owner of | 25 | | the vehicle is unable to make telephone
contact with the | 26 | | relocator for a period of one hour from his initial attempt
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| 1 | | during any time period in which the relocator is required | 2 | | to respond at
the number, all fees for towing, storage, or | 3 | | otherwise are to be waived. Proof
of 3 attempted phone | 4 | | calls to the number provided to the police department
by an | 5 | | officer or employee of the department on behalf of the | 6 | | vehicle owner
within the space of one hour, at least 2 of | 7 | | which are separated by 45 minutes,
shall be deemed | 8 | | sufficient proof of the owner's reasonable effort to make
| 9 | | contact with the vehicle relocator. Failure of the | 10 | | relocator to respond to
the phone calls is not a criminal | 11 | | violation of this Chapter;
| 12 | | (16) To use equipment which the relocator does not own, | 13 | | except in
compliance with Section 18a-306 of this Chapter | 14 | | and Commission regulations.
No equipment can be leased to | 15 | | more than one relocator at any time.
Equipment leases shall | 16 | | be filed with the Commission. If equipment is leased
to one | 17 | | relocator, it cannot thereafter be leased to another | 18 | | relocator until
a written cancellation of lease is properly | 19 | | filed with the Commission;
| 20 | | (17) To use drivers or other personnel who are not | 21 | | employees or
contractors of the relocator;
| 22 | | (18) To fail to refund any amount charged in excess of | 23 | | the reasonable
rate established by the Commission;
| 24 | | (19) To violate any other provision of this Chapter, or | 25 | | of Commission
regulations or orders adopted under this | 26 | | Chapter ; and .
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| 1 | | (20) Except for the purpose of relocating the vehicle | 2 | | in an emergency, to remove a vehicle for nonpayment of | 3 | | outstanding debts without first waiting for a period of one | 4 | | hour, if the vehicle is parked in a parking place reserved | 5 | | for persons with disabilities and is displaying disability | 6 | | registration plates or a parking decal or device issued | 7 | | under Section 3-616 of this Code. | 8 | | (Source: P.A. 94-650, eff. 1-1-06.)
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