Full Text of SB1500 97th General Assembly
SB1500 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1500 Introduced 2/9/2011, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/6-514 | from Ch. 95 1/2, par. 6-514 |
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Amends the Illinois Vehicle Code. Makes a technical change in a Section
concerning commercial driver's licenses.
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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 | | Section 6-514 as follows:
| 6 | | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| 7 | | Sec. 6-514. Commercial Driver's License (CDL) - | 8 | | Disqualifications.
| 9 | | (a) A person shall be disqualified from driving a | 10 | | commercial motor
vehicle for a period of not less than 12 | 11 | | months for the
the first violation of:
| 12 | | (1) Refusing to submit to or failure to complete a test | 13 | | or tests to
determine the driver's blood concentration of | 14 | | alcohol, other drug, or both,
while driving a commercial | 15 | | motor vehicle or, if the driver is a CDL holder, while | 16 | | driving a non-CMV; or
| 17 | | (2) Operating a commercial motor vehicle while the | 18 | | alcohol
concentration of the person's blood, breath or | 19 | | urine is at least 0.04, or any
amount of a drug, substance, | 20 | | or compound in the person's blood or urine
resulting from | 21 | | the unlawful use or consumption of cannabis listed in the
| 22 | | Cannabis Control Act, a controlled substance listed in the | 23 | | Illinois
Controlled Substances Act, or methamphetamine as |
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| 1 | | listed in the Methamphetamine Control and Community | 2 | | Protection Act as indicated by a police officer's sworn | 3 | | report or
other verified evidence; or operating a | 4 | | non-commercial motor vehicle while the alcohol | 5 | | concentration of the person's blood, breath, or urine was | 6 | | above the legal limit defined in Section 11-501.1 or | 7 | | 11-501.8 or any amount of a drug, substance, or compound in | 8 | | the person's blood or urine resulting from the unlawful use | 9 | | or consumption of cannabis listed in the Cannabis Control | 10 | | Act, a controlled substance listed in the Illinois | 11 | | Controlled Substances Act, or methamphetamine as listed in | 12 | | the Methamphetamine Control and Community Protection Act
| 13 | | as indicated by a police officer's sworn report or other | 14 | | verified evidence while holding a commercial driver's | 15 | | license; or
| 16 | | (3) Conviction for a first violation of:
| 17 | | (i) Driving a commercial motor vehicle or, if the | 18 | | driver is a CDL holder, driving a non-CMV while under | 19 | | the influence of
alcohol, or any other drug, or | 20 | | combination of drugs to a degree which
renders such | 21 | | person incapable of safely driving; or
| 22 | | (ii) Knowingly leaving the scene of an accident | 23 | | while
operating a commercial motor vehicle or, if the | 24 | | driver is a CDL holder, while driving a non-CMV; or
| 25 | | (iii) Driving a commercial motor vehicle or, if the | 26 | | driver is a CDL holder, driving a non-CMV while |
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| 1 | | committing any felony; or | 2 | | (iv) Driving a commercial motor vehicle while the | 3 | | person's driving privileges or driver's license or | 4 | | permit is revoked, suspended, or cancelled or the | 5 | | driver is disqualified from operating a commercial | 6 | | motor vehicle; or | 7 | | (v) Causing a fatality through the negligent | 8 | | operation of a commercial motor vehicle, including but | 9 | | not limited to the crimes of motor vehicle | 10 | | manslaughter, homicide by a motor vehicle, and | 11 | | negligent homicide. | 12 | | As used in this subdivision (a)(3)(v), "motor | 13 | | vehicle manslaughter" means the offense of involuntary | 14 | | manslaughter if committed by means of a vehicle; | 15 | | "homicide by a motor vehicle" means the offense of | 16 | | first degree murder or second degree murder, if either | 17 | | offense is committed by means of a vehicle; and | 18 | | "negligent homicide" means reckless homicide under | 19 | | Section 9-3 of the Criminal Code of 1961 and aggravated | 20 | | driving under the influence of alcohol, other drug or | 21 | | drugs, intoxicating compound or compounds, or any | 22 | | combination thereof under subdivision (d)(1)(F) of | 23 | | Section 11-501 of this Code.
| 24 | | If any of the above violations or refusals occurred | 25 | | while
transporting hazardous material(s) required to be | 26 | | placarded, the person
shall be disqualified for a period of |
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| 1 | | not less than 3 years.
| 2 | | (b) A person is disqualified for life for a second | 3 | | conviction of any of
the offenses specified in paragraph (a), | 4 | | or any combination of those
offenses, arising from 2 or more | 5 | | separate incidents.
| 6 | | (c) A person is disqualified from driving a commercial | 7 | | motor vehicle for
life if the person either (i) uses a | 8 | | commercial motor vehicle in the commission of any felony
| 9 | | involving the manufacture, distribution, or dispensing of a | 10 | | controlled
substance, or possession with intent to | 11 | | manufacture, distribute or dispense
a controlled substance or | 12 | | (ii) if the person is a CDL holder, uses a non-CMV in the | 13 | | commission of a felony involving any of those activities.
| 14 | | (d) The Secretary of State may, when the United States | 15 | | Secretary of
Transportation so authorizes, issue regulations | 16 | | in which a disqualification
for life under paragraph (b) may be | 17 | | reduced to a period of not less than 10
years.
If a reinstated | 18 | | driver is subsequently convicted of another disqualifying
| 19 | | offense, as specified in subsection (a) of this Section, he or | 20 | | she shall be
permanently disqualified for life and shall be | 21 | | ineligible to again apply for a
reduction of the lifetime | 22 | | disqualification.
| 23 | | (e) A person is disqualified from driving a commercial | 24 | | motor vehicle for
a period of not less than 2 months if | 25 | | convicted of 2 serious traffic
violations, committed in a | 26 | | commercial motor vehicle, non-CMV while holding a CDL, or any |
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| 1 | | combination thereof, arising from separate
incidents, | 2 | | occurring within a 3 year period, provided the serious traffic | 3 | | violation committed in a non-CMV would result in the suspension | 4 | | or revocation of the CDL holder's non-CMV privileges. However, | 5 | | a person will be
disqualified from driving a commercial motor | 6 | | vehicle for a period of not less
than 4 months if convicted of | 7 | | 3 serious traffic violations, committed in a
commercial motor | 8 | | vehicle, non-CMV while holding a CDL, or any combination | 9 | | thereof, arising from separate incidents, occurring within a 3
| 10 | | year period, provided the serious traffic violation committed | 11 | | in a non-CMV would result in the suspension or revocation of | 12 | | the CDL holder's non-CMV privileges. If all the convictions | 13 | | occurred in a non-CMV, the disqualification shall be entered | 14 | | only if the convictions would result in the suspension or | 15 | | revocation of the CDL holder's non-CMV privileges.
| 16 | | (e-1) (Blank).
| 17 | | (f) Notwithstanding any other provision of this Code, any | 18 | | driver
disqualified from operating a commercial motor vehicle, | 19 | | pursuant to this
UCDLA, shall not be eligible for restoration | 20 | | of commercial driving
privileges during any such period of | 21 | | disqualification.
| 22 | | (g) After suspending, revoking, or cancelling a commercial | 23 | | driver's
license, the Secretary of State must update the | 24 | | driver's records to reflect
such action within 10 days. After | 25 | | suspending or revoking the driving privilege
of any person who | 26 | | has been issued a CDL or commercial driver instruction permit
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| 1 | | from another jurisdiction, the Secretary shall originate | 2 | | notification to
such issuing jurisdiction within 10 days.
| 3 | | (h) The "disqualifications" referred to in this Section | 4 | | shall not be
imposed upon any commercial motor vehicle driver, | 5 | | by the Secretary of
State, unless the prohibited action(s) | 6 | | occurred after March 31, 1992.
| 7 | | (i) A person is disqualified from driving a commercial | 8 | | motor vehicle in
accordance with the following:
| 9 | | (1) For 6 months upon a first conviction of paragraph | 10 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 11 | | of this Code.
| 12 | | (2) For 2 years upon a second conviction of paragraph | 13 | | (2) of subsection
(b) or subsection (b-3) or any | 14 | | combination of paragraphs (2) or (3) of subsection (b) or | 15 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 16 | | within a 10-year period if the second conviction is a | 17 | | violation of paragraph (2) of subsection (b) or subsection | 18 | | (b-3).
| 19 | | (3) For 3 years upon a third or subsequent conviction | 20 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 21 | | any combination of paragraphs (2) or (3) of subsection (b) | 22 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 23 | | within a 10-year period if the third or subsequent | 24 | | conviction is a violation of paragraph (2) of subsection | 25 | | (b) or subsection (b-3).
| 26 | | (4) For one year upon a first conviction of paragraph |
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| 1 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 2 | | of this Code.
| 3 | | (5) For 3 years upon a second conviction of paragraph | 4 | | (3) of subsection
(b) or subsection (b-5) or any | 5 | | combination of paragraphs (2) or (3) of subsection (b) or | 6 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 7 | | within a 10-year period if the second conviction is a | 8 | | violation of paragraph (3) of subsection (b) or (b-5).
| 9 | | (6) For 5 years upon a third or subsequent conviction | 10 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 11 | | any combination of paragraphs (2) or (3) of subsection (b) | 12 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 13 | | within a 10-year period if the third or subsequent | 14 | | conviction is a violation of paragraph (3) of subsection | 15 | | (b) or (b-5).
| 16 | | (j) Disqualification for railroad-highway grade crossing
| 17 | | violation.
| 18 | | (1) General rule. A driver who is convicted of a | 19 | | violation of a federal,
State, or
local law or regulation | 20 | | pertaining to
one of the following 6 offenses at a | 21 | | railroad-highway grade crossing must be
disqualified
from | 22 | | operating a commercial motor vehicle for the period of time | 23 | | specified in
paragraph (2) of this subsection (j) if the | 24 | | offense was committed while
operating a commercial motor | 25 | | vehicle:
| 26 | | (i) For drivers who are not required to always |
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| 1 | | stop, failing to
slow down and check that the tracks | 2 | | are clear of an approaching train or railroad track | 3 | | equipment, as
described in subsection (a-5) of Section | 4 | | 11-1201 of this Code;
| 5 | | (ii) For drivers who are not required to always | 6 | | stop, failing to
stop before reaching the crossing, if | 7 | | the tracks are not clear, as described in
subsection | 8 | | (a) of Section 11-1201 of this Code;
| 9 | | (iii) For drivers who are always required to stop, | 10 | | failing to stop
before driving onto the crossing, as | 11 | | described in Section 11-1202 of this Code;
| 12 | | (iv) For all drivers, failing to have sufficient | 13 | | space to drive
completely through the crossing without | 14 | | stopping, as described in subsection
(b) of Section | 15 | | 11-1425 of this Code;
| 16 | | (v) For all drivers, failing to obey a traffic | 17 | | control device or
the directions of an enforcement | 18 | | official at the crossing, as described in
subdivision | 19 | | (a)2 of Section 11-1201 of this Code;
| 20 | | (vi) For all drivers, failing to negotiate a | 21 | | crossing because of
insufficient undercarriage | 22 | | clearance, as described in subsection (d-1) of
Section | 23 | | 11-1201 of this Code.
| 24 | | (2) Duration of disqualification for railroad-highway | 25 | | grade
crossing violation.
| 26 | | (i) First violation. A driver must be disqualified |
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| 1 | | from operating a
commercial motor vehicle
for not less | 2 | | than 60 days if the driver is convicted of a violation | 3 | | described
in paragraph
(1) of this subsection (j) and, | 4 | | in the three-year period preceding the
conviction, the | 5 | | driver
had no convictions for a violation described in | 6 | | paragraph (1) of this
subsection (j).
| 7 | | (ii) Second violation. A driver must be | 8 | | disqualified from operating a
commercial
motor vehicle
| 9 | | for not less
than 120 days if the driver is convicted
| 10 | | of a violation described in paragraph (1) of this | 11 | | subsection (j) and, in the
three-year
period preceding | 12 | | the conviction, the driver had one other conviction for | 13 | | a
violation
described in paragraph (1) of this | 14 | | subsection (j) that was committed in a
separate
| 15 | | incident.
| 16 | | (iii) Third or subsequent violation. A driver must | 17 | | be disqualified from
operating a
commercial motor | 18 | | vehicle
for not less than one year if the driver is | 19 | | convicted
of a violation described in paragraph (1) of | 20 | | this subsection (j) and, in the
three-year
period | 21 | | preceding the conviction, the driver had 2 or more | 22 | | other convictions for
violations
described in | 23 | | paragraph (1) of this subsection (j) that were | 24 | | committed in
separate incidents.
| 25 | | (k) Upon notification of a disqualification of a driver's | 26 | | commercial motor vehicle privileges imposed by the U.S. |
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| 1 | | Department of Transportation, Federal Motor Carrier Safety | 2 | | Administration, in accordance with 49 C.F.R. 383.52, the | 3 | | Secretary of State shall immediately record to the driving | 4 | | record the notice of disqualification and confirm to the driver | 5 | | the action that has been taken.
| 6 | | (Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10; | 7 | | 96-1080, eff. 7-16-10; 96-1244, eff. 1-1-11; revised 9-2-10.)
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