HB5101enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-500 and by adding Sections 6-526 and 6-527 as
6follows:
 
7    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
8    Sec. 6-500. Definitions of words and phrases.
9Notwithstanding the definitions set forth elsewhere in this
10Code, for purposes of the Uniform Commercial Driver's License
11Act (UCDLA), the words and phrases listed below have the
12meanings ascribed to them as follows:
13    (1) Alcohol. "Alcohol" means any substance containing any
14form of alcohol, including but not limited to ethanol,
15methanol, propanol, and isopropanol.
16    (2) Alcohol concentration. "Alcohol concentration" means:
17        (A) the number of grams of alcohol per 210 liters of
18    breath; or
19        (B) the number of grams of alcohol per 100 milliliters
20    of blood; or
21        (C) the number of grams of alcohol per 67 milliliters
22    of urine.
23    Alcohol tests administered within 2 hours of the driver

 

 

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1being "stopped or detained" shall be considered that driver's
2"alcohol concentration" for the purposes of enforcing this
3UCDLA.
4    (3) (Blank).
5    (4) (Blank).
6    (5) (Blank).
7    (5.3) CDLIS driver record. "CDLIS driver record" means the
8electronic record of the individual CDL driver's status and
9history stored by the State-of-Record as part of the Commercial
10Driver's License Information System, or CDLIS, established
11under 49 U.S.C. 31309.
12    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
13record" or "CDLIS MVR" means a report generated from the CDLIS
14driver record meeting the requirements for access to CDLIS
15information and provided by states to users authorized in 49
16C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
17Driver Privacy Protection Act, 18 U.S.C. 27212725.
18    (5.7) Commercial driver's license downgrade. "Commercial
19driver's license downgrade" or "CDL downgrade" means either:
20        (A) a state allows the driver to change his or her
21    self-certification to interstate, but operating
22    exclusively in transportation or operation excepted from
23    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
24    391.2, 391.68, or 398.3;
25        (B) a state allows the driver to change his or her
26    self-certification to intrastate only, if the driver

 

 

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1    qualifies under that state's physical qualification
2    requirements for intrastate only;
3        (C) a state allows the driver to change his or her
4    certification to intrastate, but operating exclusively in
5    transportation or operations excepted from all or part of
6    the state driver qualification requirements; or
7        (D) a state removes the CDL privilege from the driver
8    license.
9    (6) Commercial Motor Vehicle.
10        (A) "Commercial motor vehicle" or "CMV" means a motor
11    vehicle used in commerce, except those referred to in
12    subdivision (B), designed to transport passengers or
13    property if:
14            (i) the vehicle has a GVWR of 26,001 pounds or more
15        or such a lesser GVWR as subsequently determined by
16        federal regulations or the Secretary of State; or any
17        combination of vehicles with a GCWR of 26,001 pounds or
18        more, provided the GVWR of any vehicle or vehicles
19        being towed is 10,001 pounds or more; or
20            (ii) the vehicle is designed to transport 16 or
21        more persons; or
22            (iii) the vehicle is transporting hazardous
23        materials and is required to be placarded in accordance
24        with 49 C.F.R. Part 172, subpart F.
25        (B) Pursuant to the interpretation of the Commercial
26    Motor Vehicle Safety Act of 1986 by the Federal Highway

 

 

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1    Administration, the definition of "commercial motor
2    vehicle" does not include:
3            (i) recreational vehicles, when operated primarily
4        for personal use;
5            (ii) vehicles owned by or operated under the
6        direction of the United States Department of Defense or
7        the United States Coast Guard only when operated by
8        non-civilian personnel. This includes any operator on
9        active military duty; members of the Reserves;
10        National Guard; personnel on part-time training; and
11        National Guard military technicians (civilians who are
12        required to wear military uniforms and are subject to
13        the Code of Military Justice); or
14            (iii) firefighting and other emergency equipment
15        (including, without limitation, equipment owned or
16        operated by a HazMat or technical rescue team
17        authorized by a county board under Section 5-1127 of
18        the Counties Code), with audible and visual signals,
19        owned or operated by or for a governmental entity,
20        which is necessary to the preservation of life or
21        property or the execution of emergency governmental
22        functions which are normally not subject to general
23        traffic rules and regulations.
24    (7) Controlled Substance. "Controlled substance" shall
25have the same meaning as defined in Section 102 of the Illinois
26Controlled Substances Act, and shall also include cannabis as

 

 

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1defined in Section 3 of the Cannabis Control Act and
2methamphetamine as defined in Section 10 of the Methamphetamine
3Control and Community Protection Act.
4    (8) Conviction. "Conviction" means an unvacated
5adjudication of guilt or a determination that a person has
6violated or failed to comply with the law in a court of
7original jurisdiction or by an authorized administrative
8tribunal; an unvacated forfeiture of bail or collateral
9deposited to secure the person's appearance in court; a plea of
10guilty or nolo contendere accepted by the court; the payment of
11a fine or court cost regardless of whether the imposition of
12sentence is deferred and ultimately a judgment dismissing the
13underlying charge is entered; or a violation of a condition of
14release without bail, regardless of whether or not the penalty
15is rebated, suspended or probated.
16    (8.5) Day. "Day" means calendar day.
17    (9) (Blank).
18    (10) (Blank).
19    (11) (Blank).
20    (12) (Blank).
21    (13) Driver. "Driver" means any person who drives,
22operates, or is in physical control of a commercial motor
23vehicle, any person who is required to hold a CDL, or any
24person who is a holder of a CDL while operating a
25non-commercial motor vehicle.
26    (13.5) Driver applicant. "Driver applicant" means an

 

 

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1individual who applies to a state to obtain, transfer, upgrade,
2or renew a CDL.
3    (13.8) Electronic device. "Electronic device" includes,
4but is not limited to, a cellular telephone, personal digital
5assistant, pager, computer, or any other device used to input,
6write, send, receive, or read text.
7    (14) Employee. "Employee" means a person who is employed as
8a commercial motor vehicle driver. A person who is
9self-employed as a commercial motor vehicle driver must comply
10with the requirements of this UCDLA pertaining to employees. An
11owner-operator on a long-term lease shall be considered an
12employee.
13    (15) Employer. "Employer" means a person (including the
14United States, a State or a local authority) who owns or leases
15a commercial motor vehicle or assigns employees to operate such
16a vehicle. A person who is self-employed as a commercial motor
17vehicle driver must comply with the requirements of this UCDLA.
18    (15.3) Excepted interstate. "Excepted interstate" means a
19person who operates or expects to operate in interstate
20commerce, but engages exclusively in transportation or
21operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
22398.3 from all or part of the qualification requirements of 49
23C.F.R. Part 391 and is not required to obtain a medical
24examiner's certificate by 49 C.F.R. 391.45.
25    (15.5) Excepted intrastate. "Excepted intrastate" means a
26person who operates in intrastate commerce but engages

 

 

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1exclusively in transportation or operations excepted from all
2or parts of the state driver qualification requirements.
3    (16) (Blank).
4    (16.5) Fatality. "Fatality" means the death of a person as
5a result of a motor vehicle accident.
6    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
7sovereign jurisdiction that does not fall within the definition
8of "State".
9    (18) (Blank).
10    (19) (Blank).
11    (20) Hazardous materials. "Hazardous Material" means any
12material that has been designated under 49 U.S.C. 5103 and is
13required to be placarded under subpart F of 49 C.F.R. part 172
14or any quantity of a material listed as a select agent or toxin
15in 42 C.F.R. part 73.
16    (20.5) Imminent Hazard. "Imminent hazard" means the
17existence of a condition that presents a substantial likelihood
18that death, serious illness, severe personal injury, or a
19substantial endangerment to health, property, or the
20environment may occur before the reasonably foreseeable
21completion date of a formal proceeding begun to lessen the risk
22of that death, illness, injury or endangerment.
23    (21) Long-term lease. "Long-term lease" means a lease of a
24commercial motor vehicle by the owner-lessor to a lessee, for a
25period of more than 29 days.
26    (21.1) Medical examiner. "Medical examiner" means a person

 

 

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1who is licensed, certified, or registered in accordance with
2applicable state laws and regulations to perform physical
3examinations. The term includes but is not limited to doctors
4of medicine, doctors of osteopathy, physician assistants,
5advanced practice nurses, and doctors of chiropractic.
6    (21.2) Medical examiner's certificate. "Medical examiner's
7certificate" means a document prescribed or approved by the
8Secretary of State that is issued by a medical examiner to a
9driver to medically qualify him or her to drive.
10    (21.5) Medical variance. "Medical variance" means a driver
11has received one of the following from the Federal Motor
12Carrier Safety Administration which allows the driver to be
13issued a medical certificate: (1) an exemption letter
14permitting operation of a commercial motor vehicle pursuant to
1549 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
16skill performance evaluation (SPE) certificate permitting
17operation of a commercial motor vehicle pursuant to 49 C.F.R.
18391.49.
19    (21.7) Mobile telephone. "Mobile telephone" means a mobile
20communication device that falls under or uses any commercial
21mobile radio service, as defined in regulations of the Federal
22Communications Commission, 47 CFR 20.3. It does not include
23two-way or citizens band radio services.
24    (22) Motor Vehicle. "Motor vehicle" means every vehicle
25which is self-propelled, and every vehicle which is propelled
26by electric power obtained from over head trolley wires but not

 

 

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1operated upon rails, except vehicles moved solely by human
2power and motorized wheel chairs.
3    (22.2) Motor vehicle record. "Motor vehicle record" means a
4report of the driving status and history of a driver generated
5from the driver record provided to users, such as drivers or
6employers, and is subject to the provisions of the Driver
7Privacy Protection Act, 18 U.S.C. 2721-2725.
8    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
9combination of motor vehicles not defined by the term
10"commercial motor vehicle" or "CMV" in this Section.
11    (22.7) Non-excepted interstate. "Non-excepted interstate"
12means a person who operates or expects to operate in interstate
13commerce, is subject to and meets the qualification
14requirements under 49 C.F.R. Part 391, and is required to
15obtain a medical examiner's certificate by 49 C.F.R. 391.45.
16    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
17means a person who operates only in intrastate commerce and is
18subject to State driver qualification requirements.
19    (23) Non-resident CDL. "Non-resident CDL" means a
20commercial driver's license issued by a state under either of
21the following two conditions:
22        (i) to an individual domiciled in a foreign country
23    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
24    of the Federal Motor Carrier Safety Administration.
25        (ii) to an individual domiciled in another state
26    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

 

 

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1    of the Federal Motor Carrier Safety Administration.
2    (24) (Blank).
3    (25) (Blank).
4    (25.5) Railroad-Highway Grade Crossing Violation.
5"Railroad-highway grade crossing violation" means a violation,
6while operating a commercial motor vehicle, of any of the
7following:
8            (A) Section 11-1201, 11-1202, or 11-1425 of this
9        Code.
10            (B) Any other similar law or local ordinance of any
11        state relating to railroad-highway grade crossing.
12    (25.7) School Bus. "School bus" means a commercial motor
13vehicle used to transport pre-primary, primary, or secondary
14school students from home to school, from school to home, or to
15and from school-sponsored events. "School bus" does not include
16a bus used as a common carrier.
17    (26) Serious Traffic Violation. "Serious traffic
18violation" means:
19        (A) a conviction when operating a commercial motor
20    vehicle, or when operating a non-CMV while holding a CDL,
21    of:
22            (i) a violation relating to excessive speeding,
23        involving a single speeding charge of 15 miles per hour
24        or more above the legal speed limit; or
25            (ii) a violation relating to reckless driving; or
26            (iii) a violation of any State law or local

 

 

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1        ordinance relating to motor vehicle traffic control
2        (other than parking violations) arising in connection
3        with a fatal traffic accident; or
4            (iv) a violation of Section 6-501, relating to
5        having multiple driver's licenses; or
6            (v) a violation of paragraph (a) of Section 6-507,
7        relating to the requirement to have a valid CDL; or
8            (vi) a violation relating to improper or erratic
9        traffic lane changes; or
10            (vii) a violation relating to following another
11        vehicle too closely; or
12            (viii) a violation relating to texting while
13        driving; or
14            (ix) a violation relating to the use of a hand-held
15        mobile telephone while driving; or
16        (B) any other similar violation of a law or local
17    ordinance of any state relating to motor vehicle traffic
18    control, other than a parking violation, which the
19    Secretary of State determines by administrative rule to be
20    serious.
21    (27) State. "State" means a state of the United States, the
22District of Columbia and any province or territory of Canada.
23    (28) (Blank).
24    (29) (Blank).
25    (30) (Blank).
26    (31) (Blank).

 

 

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1    (32) Texting. "Texting" means manually entering
2alphanumeric text into, or reading text from, an electronic
3device.
4        (1) Texting includes, but is not limited to, short
5    message service, emailing, instant messaging, a command or
6    request to access a World Wide Web page, pressing more than
7    a single button to initiate or terminate a voice
8    communication using a mobile telephone, or engaging in any
9    other form of electronic text retrieval or entry for
10    present or future communication.
11        (2) Texting does not include:
12            (i) inputting, selecting, or reading information
13        on a global positioning system or navigation system; or
14            (ii) pressing a single button to initiate or
15        terminate a voice communication using a mobile
16        telephone; or
17            (iii) using a device capable of performing
18        multiple functions (for example, a fleet management
19        system, dispatching device, smart phone, citizens band
20        radio, or music player) for a purpose that is not
21        otherwise prohibited by Part 392 of the Federal Motor
22        Carrier Safety Regulations.
23    (33) Use a hand-held mobile telephone. "Use a hand-held
24mobile telephone" means:
25        (1) using at least one hand to hold a mobile telephone
26    to conduct a voice communication;

 

 

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1        (2) dialing or answering a mobile telephone by pressing
2    more than a single button; or
3        (3) reaching for a mobile telephone in a manner that
4    requires a driver to maneuver so that he or she is no
5    longer in a seated driving position, restrained by a seat
6    belt that is installed in accordance with 49 CFR 393.93 and
7    adjusted in accordance with the vehicle manufacturer's
8    instructions.
9(Source: P.A. 97-208, eff. 1-1-12.)
 
10    (625 ILCS 5/6-526 new)
11    Sec. 6-526. Prohibition against texting.
12    (a) A driver may not engage in texting while driving a
13commercial motor vehicle.
14    (b) A motor carrier may not allow or require its drivers to
15engage in texting while driving a commercial motor vehicle.
16    (c) For the purpose of this Section, when a person is
17operating a commercial motor vehicle, driving means operating a
18commercial motor vehicle on a highway, including while
19temporarily stationary because of traffic, a traffic control
20device, or other momentary delays. Driving does not include
21operating a commercial motor vehicle when the driver has moved
22the vehicle to the side of, or off, a highway and has halted in
23a location where the vehicle can safely remain stationary.
24    (d) Texting while driving is permissible by a driver of a
25commercial motor vehicle when necessary to communicate with law

 

 

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1enforcement officials or other emergency services.
 
2    (625 ILCS 5/6-527 new)
3    Sec. 6-527. Using a hand-held mobile telephone.
4    (a) A driver may not use a hand-held mobile telephone while
5driving a commercial motor vehicle.
6    (b) A motor carrier may not allow or require its drivers to
7use a hand-held mobile telephone while driving a commercial
8motor vehicle.
9    (c) For the purpose of this Section, driving means
10operating a commercial motor vehicle on a highway, including
11while temporarily stationary because of traffic, a traffic
12control device, or other momentary delays. Driving does not
13include operating a commercial motor vehicle when the driver
14has moved the vehicle to the side of, or off, a highway and has
15halted in a location where the vehicle can safely remain
16stationary.
17    (d) Using a hand-held mobile telephone is permissible by a
18driver of a commercial motor vehicle when necessary to
19communicate with law enforcement officials or other emergency
20services.