Full Text of SB1757 98th General Assembly
SB1757enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 1-111.6, 1-115.3, 1-204.4, 2-119, 6-101, 6-118, | 6 | | 6-201, 6-204, 6-207, 6-500, 6-502, 6-503, 6-506, 6-507, 6-508, | 7 | | 6-508.1, 6-509, 6-510, 6-511, 6-512, 6-513, 6-514, 6-518, | 8 | | 6-523, and 6-704 and by adding Sections 1-110.1a, 1-111.7a, | 9 | | 1-148.5a, 6-507.5, and 6-512.5 as follows: | 10 | | (625 ILCS 5/1-110.1a new) | 11 | | Sec. 1-110.1a. CDL Driver. A person holding a CDL or a | 12 | | person required to hold a CDL.
| 13 | | (625 ILCS 5/1-111.6)
| 14 | | Sec. 1-111.6. Commercial driver's license (CDL). A license
| 15 | | issued to an individual by a state or other jurisdiction of | 16 | | domicile , in accordance with the standards contained in 49 | 17 | | C.F.R. Part 383,
to an individual which authorizes the | 18 | | individual to operate a
class of a commercial motor vehicle.
| 19 | | (Source: P.A. 95-382, eff. 8-23-07.)
| 20 | | (625 ILCS 5/1-111.7a new) | 21 | | Sec. 1-111.7a. Commercial Learner's Permit (CLP). A permit |
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| 1 | | issued to an individual by a state or other jurisdiction of | 2 | | domicile, in accordance with the standards contained in 49 | 3 | | C.F.R. Part 383, which, when carried with a valid driver's | 4 | | license issued by the same state or jurisdiction of domicile, | 5 | | authorizes the individual to operate a class of commercial | 6 | | motor vehicle when accompanied by a holder of a valid CDL for | 7 | | purposes of behind-the-wheel training. When issued to a CDL | 8 | | holder, a CLP serves as authorization for accompanied | 9 | | behind-the-wheel training in a commercial motor vehicle for | 10 | | which the holder's current CDL is not valid.
| 11 | | (625 ILCS 5/1-115.3)
| 12 | | Sec. 1-115.3. Disqualification. Disqualification means any | 13 | | of the following 3 actions: | 14 | | (a) The suspension, revocation, or cancellation of a CLP or | 15 | | CDL by the State or jurisdiction of issuance. | 16 | | (b) Any withdrawal of a person's privileges to drive a | 17 | | commercial motor vehicle by a State or other jurisdiction as a | 18 | | result of a violation of State or local law relating to motor | 19 | | vehicle traffic control (other than parking, vehicle weight or | 20 | | vehicle defect violations). | 21 | | (c) A determination by the Federal Motor Carrier Safety | 22 | | Administration that a person is not qualified to operate a | 23 | | commercial motor vehicle under 49 C.F.R. Part 391.
| 24 | | (Source: P.A. 94-307, eff. 9-30-05.)
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| 1 | | (625 ILCS 5/1-148.5a new) | 2 | | Sec. 1-148.5a. Non-CDL. Any other type of motor vehicle | 3 | | license, such as an automobile driver's license or a motorcycle | 4 | | license.
| 5 | | (625 ILCS 5/1-204.4)
| 6 | | Sec. 1-204.4. Tank vehicle. Any commercial motor vehicle | 7 | | that is designed
to transport any liquid or gaseous material | 8 | | within a tank or tanks having an individual rated capacity of | 9 | | more than 119 gallons and an aggregate rated capacity of 1,000 | 10 | | gallons or more that is either
permanently or temporarily | 11 | | attached to the vehicle or the chassis. A commercial motor | 12 | | vehicle transporting an empty storage container tank, not | 13 | | designed for transportation, with a rated capacity of 1,000 | 14 | | gallons or more that is temporarily attached to a flatbed | 15 | | trailer is not considered a tank vehicle. Those
vehicles | 16 | | include, but are not limited to, cargo tanks and portable | 17 | | tanks, as
defined in 49 C.F.R. Part 171. However, for the | 18 | | purposes of Article V of
Chapter 6 of this Code, this | 19 | | definition does not include portable tanks having
a rated | 20 | | capacity of less than 1,000 gallons.
| 21 | | (Source: P.A. 90-89, eff. 1-1-98.)
| 22 | | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| 23 | | Sec. 2-119. Disposition of fees and taxes.
| 24 | | (a) All moneys received from Salvage Certificates shall be |
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| 1 | | deposited in
the Common School Fund in the State Treasury.
| 2 | | (b) Beginning January 1, 1990 and concluding December 31, | 3 | | 1994, of the
money collected for each certificate of title, | 4 | | duplicate certificate of
title and corrected certificate of | 5 | | title, $0.50 shall be deposited into the
Used Tire Management | 6 | | Fund. Beginning January 1, 1990 and concluding
December 31, | 7 | | 1994, of the money collected for each certificate of title,
| 8 | | duplicate certificate of title and corrected certificate of | 9 | | title, $1.50
shall be deposited in the Park and Conservation | 10 | | Fund.
| 11 | | Beginning January 1, 1995, of the money collected for each | 12 | | certificate of
title, duplicate certificate of title and | 13 | | corrected certificate of title, $3.25
shall be deposited in the | 14 | | Park and Conservation Fund. The moneys deposited in
the Park | 15 | | and Conservation Fund pursuant to this Section shall be used | 16 | | for the
acquisition and development of bike paths as provided | 17 | | for in Section 805-420 of
the Department of Natural Resources | 18 | | (Conservation) Law (20 ILCS 805/805-420). The monies deposited | 19 | | into the Park and Conservation Fund under this subsection shall | 20 | | not be subject to administrative charges or chargebacks unless | 21 | | otherwise authorized by this Act.
| 22 | | Beginning January 1, 2000, of
the
moneys collected for each | 23 | | certificate of title, duplicate certificate of title,
and | 24 | | corrected certificate of title, $48 shall be deposited into the | 25 | | Road Fund
and $4 shall be deposited into the Motor Vehicle | 26 | | License Plate Fund, except
that if the balance in the Motor |
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| 1 | | Vehicle License Plate Fund exceeds $40,000,000
on the last day | 2 | | of a calendar month, then during the next calendar month the $4
| 3 | | shall instead be deposited into the Road Fund.
| 4 | | Beginning January 1, 2005, of the moneys collected for each | 5 | | delinquent vehicle registration renewal fee, $20 shall be | 6 | | deposited into the General Revenue Fund. | 7 | | Except as otherwise provided in this Code, all remaining | 8 | | moneys collected
for certificates of title, and all moneys | 9 | | collected for filing of security
interests, shall be placed in | 10 | | the General Revenue Fund in the State Treasury.
| 11 | | (c) All moneys collected for that portion of a driver's | 12 | | license fee
designated for driver education under Section 6-118 | 13 | | shall be placed in
the Driver Education Fund in the State | 14 | | Treasury.
| 15 | | (d) Beginning January 1, 1999, of the monies collected as a | 16 | | registration
fee for each motorcycle, motor driven cycle and | 17 | | moped, 27%
of each annual registration fee for such vehicle and | 18 | | 27% of each semiannual
registration fee for such vehicle is | 19 | | deposited in the Cycle Rider Safety
Training Fund.
| 20 | | (e) Of the monies received by the Secretary of State as | 21 | | registration
fees or taxes or as payment of any other fee, as | 22 | | provided in this Act, except
fees received by the Secretary | 23 | | under paragraph (7) of subsection (b) of Section
5-101 and | 24 | | Section 5-109 of this Code, 37% shall be deposited into the | 25 | | State
Construction Fund.
| 26 | | (f) Of the total money collected for a commercial learner's |
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| 1 | | permit (CLP) CDL instruction permit or
original or renewal | 2 | | issuance of a commercial driver's license (CDL)
pursuant to the | 3 | | Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the
| 4 | | total fee for an original or renewal CDL, and $6 of the total | 5 | | CLP CDL
instruction permit fee when such permit is issued to | 6 | | any person holding a
valid Illinois driver's license, shall be | 7 | | paid into the CDLIS/AAMVAnet
Trust Fund (Commercial Driver's | 8 | | License Information System/American
Association of Motor | 9 | | Vehicle Administrators network Trust Fund) and shall
be used | 10 | | for the purposes provided in Section 6z-23 of the State Finance | 11 | | Act
and (ii) $20 of the total fee for an original or renewal | 12 | | CDL or CLP commercial
driver instruction permit shall be paid
| 13 | | into the Motor Carrier Safety Inspection Fund, which is hereby | 14 | | created as a
special fund in the State Treasury, to be used by
| 15 | | the Department
of State Police, subject to appropriation, to | 16 | | hire additional officers to
conduct motor carrier safety
| 17 | | inspections
pursuant to Chapter 18b of this Code.
| 18 | | (g) All remaining moneys received by the Secretary of State | 19 | | as
registration fees or taxes or as payment of any other fee, | 20 | | as provided in
this Act, except fees received by the Secretary | 21 | | under paragraph (7)(A) of
subsection (b) of Section 5-101 and | 22 | | Section 5-109 of this Code,
shall be deposited in the Road Fund | 23 | | in the State Treasury. Moneys
in the Road Fund shall be used | 24 | | for the purposes provided in
Section 8.3 of the State Finance | 25 | | Act.
| 26 | | (h) (Blank).
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| 1 | | (i) (Blank).
| 2 | | (j) (Blank).
| 3 | | (k) There is created in the State Treasury a special fund | 4 | | to be known as
the Secretary of State Special License Plate | 5 | | Fund. Money deposited into the
Fund shall, subject to | 6 | | appropriation, be used by the Office of the Secretary
of State | 7 | | (i) to help defray plate manufacturing and plate processing | 8 | | costs
for the issuance and, when applicable, renewal of any new | 9 | | or existing
registration plates authorized under this Code and | 10 | | (ii) for grants made by the
Secretary of State to benefit | 11 | | Illinois Veterans Home libraries.
| 12 | | On or before October 1, 1995, the Secretary of State shall | 13 | | direct the
State Comptroller and State Treasurer to transfer | 14 | | any unexpended balance in
the Special Environmental License | 15 | | Plate Fund, the Special Korean War Veteran
License Plate Fund, | 16 | | and the Retired Congressional License Plate Fund to the
| 17 | | Secretary of State Special License Plate Fund.
| 18 | | (l) The Motor Vehicle Review Board Fund is created as a | 19 | | special fund in
the State Treasury. Moneys deposited into the | 20 | | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | 21 | | Section 5-109 shall,
subject to appropriation, be used by the | 22 | | Office of the Secretary of State to
administer the Motor | 23 | | Vehicle Review Board, including without
limitation payment of | 24 | | compensation and all necessary expenses incurred in
| 25 | | administering the Motor Vehicle Review Board under the Motor | 26 | | Vehicle Franchise
Act.
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| 1 | | (m) Effective July 1, 1996, there is created in the State
| 2 | | Treasury a special fund to be known as the Family | 3 | | Responsibility Fund. Moneys
deposited into the Fund shall, | 4 | | subject to appropriation, be used by the Office
of the | 5 | | Secretary of State for the purpose of enforcing the Family | 6 | | Financial
Responsibility Law.
| 7 | | (n) The Illinois Fire Fighters' Memorial Fund is created as | 8 | | a special
fund in the State Treasury. Moneys deposited into the | 9 | | Fund shall, subject
to appropriation, be used by the Office of | 10 | | the State Fire Marshal for
construction of the Illinois Fire | 11 | | Fighters' Memorial to be located at the
State Capitol grounds | 12 | | in Springfield, Illinois. Upon the completion of the
Memorial, | 13 | | moneys in the Fund shall be used in accordance with Section | 14 | | 3-634.
| 15 | | (o) Of the money collected for each certificate of title | 16 | | for all-terrain
vehicles and off-highway motorcycles, $17 | 17 | | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| 18 | | (p) For audits conducted on or after July 1, 2003 pursuant | 19 | | to Section
2-124(d) of this Code, 50% of the money collected as | 20 | | audit fees shall be
deposited
into the General Revenue Fund.
| 21 | | (Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
| 22 | | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
| 23 | | Sec. 6-101. Drivers must have licenses or permits.
| 24 | | (a) No person, except those expressly exempted by Section | 25 | | 6-102, shall
drive any motor vehicle upon a highway in this |
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| 1 | | State unless such person has
a valid license or permit, or a | 2 | | restricted driving permit, issued under the
provisions of this | 3 | | Act.
| 4 | | (b) No person shall drive a motor vehicle unless he holds a | 5 | | valid
license or permit, or a restricted driving permit issued | 6 | | under the
provisions of Section 6-205, 6-206, or 6-113 of this | 7 | | Act. Any person to
whom a license is issued under the | 8 | | provisions of this Act must surrender to
the Secretary of State | 9 | | all valid licenses or permits , except that an applicant for a | 10 | | non-domiciled commercial learner's permit or commercial | 11 | | driver's license shall not be required to surrender a license | 12 | | or permit issued by the applicant's state or country of | 13 | | domicile . No drivers license or instruction permit
shall be | 14 | | issued to any person who holds a valid Foreign State license,
| 15 | | identification card, or permit
unless such person first | 16 | | surrenders to the Secretary of State any such
valid Foreign | 17 | | State license,
identification card, or permit.
| 18 | | (b-5) Any person who commits a violation of subsection (a) | 19 | | or (b) of this Section is guilty of a Class A misdemeanor, if | 20 | | at the time of the violation the person's driver's license or | 21 | | permit was cancelled under clause (a)9 of Section 6-201 of this | 22 | | Code.
| 23 | | (c) Any person licensed as a driver hereunder shall not be | 24 | | required by
any city, village, incorporated town or other | 25 | | municipal corporation to
obtain any other license to exercise | 26 | | the privilege thereby granted.
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| 1 | | (d) In addition to other penalties imposed under this | 2 | | Section, any person
in violation of this Section who is also in | 3 | | violation of Section 7-601 of this
Code relating to mandatory | 4 | | insurance requirements shall have his or her motor
vehicle | 5 | | immediately impounded by the arresting law enforcement | 6 | | officer. The
motor vehicle may be released to any licensed | 7 | | driver upon a showing of proof of
insurance for the motor | 8 | | vehicle that was impounded and the notarized written
consent | 9 | | for the release by the vehicle owner.
| 10 | | (e) In addition to other penalties imposed under this | 11 | | Section, the
vehicle
of any person
in violation of this Section | 12 | | who is also in violation of Section 7-601 of this
Code relating | 13 | | to mandatory insurance requirements and who, in violating this
| 14 | | Section, has caused death or personal injury to another person | 15 | | is subject to
forfeiture under
Sections 36-1 and 36-2 of the | 16 | | Criminal Code of 2012.
For the purposes of this Section, a | 17 | | personal injury shall include
any type A injury as indicated on | 18 | | the traffic accident report completed
by a law enforcement | 19 | | officer that requires immediate professional attention
in | 20 | | either a doctor's office or a medical facility. A type A injury | 21 | | shall
include severely bleeding wounds, distorted extremities, | 22 | | and injuries that
require the injured party to be carried from | 23 | | the scene.
| 24 | | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13.)
| 25 | | (625 ILCS 5/6-118)
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| 1 | | Sec. 6-118. Fees. | 2 | | (a) The fee for licenses and permits under this
Article is | 3 | | as follows: | 4 | | Original driver's license .............................$30 | 5 | | Original or renewal driver's license | 6 | | issued to 18, 19 and 20 year olds .................. 5 | 7 | | All driver's licenses for persons | 8 | | age 69 through age 80 .............................. 5 | 9 | | All driver's licenses for persons | 10 | | age 81 through age 86 .............................. 2 | 11 | | All driver's licenses for persons | 12 | | age 87 or older .....................................0 | 13 | | Renewal driver's license (except for | 14 | | applicants ages 18, 19 and 20 or | 15 | | age 69 and older) ..................................30 | 16 | | Original instruction permit issued to | 17 | | persons (except those age 69 and older) | 18 | | who do not hold or have not previously | 19 | | held an Illinois instruction permit or | 20 | | driver's license .................................. 20 | 21 | | Instruction permit issued to any person | 22 | | holding an Illinois driver's license | 23 | | who wishes a change in classifications, | 24 | | other than at the time of renewal .................. 5 | 25 | | Any instruction permit issued to a person | 26 | | age 69 and older ................................... 5 |
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| 1 | | Instruction permit issued to any person, | 2 | | under age 69, not currently holding a | 3 | | valid Illinois driver's license or | 4 | | instruction permit but who has | 5 | | previously been issued either document | 6 | | in Illinois ....................................... 10 | 7 | | Restricted driving permit .............................. 8 | 8 | | Monitoring device driving permit ...................... 8 | 9 | | Duplicate or corrected driver's license | 10 | | or permit .......................................... 5 | 11 | | Duplicate or corrected restricted | 12 | | driving permit ..................................... 5 | 13 | | Duplicate or corrected monitoring | 14 | | device driving permit .................................. 5 | 15 | | Duplicate driver's license or permit issued to | 16 | | an active-duty member of the | 17 | | United States Armed Forces, | 18 | | the member's spouse, or | 19 | | the dependent children living | 20 | | with the member ................................... 0 | 21 | | Original or renewal M or L endorsement ................. 5 | 22 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 23 | | The fees for commercial driver licenses and permits | 24 | | under Article V
shall be as follows: | 25 | | Commercial driver's license: | 26 | | $6 for the CDLIS/AAMVAnet Trust Fund |
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| 1 | | (Commercial Driver's License Information | 2 | | System/American Association of Motor Vehicle | 3 | | Administrators network Trust Fund); | 4 | | $20 for the Motor Carrier Safety Inspection Fund; | 5 | | $10 for the driver's license; | 6 | | and $24 for the CDL: ............................. $60 | 7 | | Renewal commercial driver's license: | 8 | | $6 for the CDLIS/AAMVAnet Trust Fund; | 9 | | $20 for the Motor Carrier Safety Inspection Fund; | 10 | | $10 for the driver's license; and | 11 | | $24 for the CDL: ................................. $60 | 12 | | Commercial learner's driver instruction permit | 13 | | issued to any person holding a valid | 14 | | Illinois driver's license for the | 15 | | purpose of changing to a | 16 | | CDL classification: $6 for the | 17 | | CDLIS/AAMVAnet Trust Fund; | 18 | | $20 for the Motor Carrier | 19 | | Safety Inspection Fund; and | 20 | | $24 for the CDL classification ................... $50 | 21 | | Commercial learner's driver instruction permit | 22 | | issued to any person holding a valid | 23 | | Illinois CDL for the purpose of | 24 | | making a change in a classification, | 25 | | endorsement or restriction ........................ $5 | 26 | | CDL duplicate or corrected license .................... $5 |
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| 1 | | In order to ensure the proper implementation of the Uniform | 2 | | Commercial
Driver License Act, Article V of this Chapter, the | 3 | | Secretary of State is
empowered to pro-rate the $24 fee for the | 4 | | commercial driver's license
proportionate to the expiration | 5 | | date of the applicant's Illinois driver's
license. | 6 | | The fee for any duplicate license or permit shall be waived | 7 | | for any
person who presents the Secretary of State's office | 8 | | with a
police report showing that his license or permit was | 9 | | stolen. | 10 | | The fee for any duplicate license or permit shall be waived | 11 | | for any
person age 60 or older whose driver's license or permit | 12 | | has been lost or stolen. | 13 | | No additional fee shall be charged for a driver's license, | 14 | | or for a
commercial driver's license, when issued
to the holder | 15 | | of an instruction permit for the same classification or
type of | 16 | | license who becomes eligible for such
license. | 17 | | (b) Any person whose license or privilege to operate a | 18 | | motor vehicle
in this State has been suspended or revoked under | 19 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 20 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
| 21 | | Responsibility Law of this Code, shall in addition to any other
| 22 | | fees required by this Code, pay a reinstatement fee as follows: | 23 | | Suspension under Section 3-707 .....................
$100
| 24 | | Summary suspension under Section 11-501.1 ...........$250
| 25 | | Summary revocation under Section 11-501.1 ............$500 | 26 | | Other suspension ......................................$70 |
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| 1 | | Revocation ...........................................$500 | 2 | | However, any person whose license or privilege to operate a | 3 | | motor vehicle
in this State has been suspended or revoked for a | 4 | | second or subsequent time
for a violation of Section 11-501 or | 5 | | 11-501.1
of this Code or a similar provision of a local | 6 | | ordinance
or a similar out-of-state offense
or Section 9-3 of | 7 | | the Criminal Code of 1961 or the Criminal Code of 2012
and each | 8 | | suspension or revocation was for a violation of Section 11-501 | 9 | | or
11-501.1 of this Code or a similar provision of a local | 10 | | ordinance
or a similar out-of-state offense
or Section
9-3 of | 11 | | the Criminal Code of 1961 or the Criminal Code of 2012
shall | 12 | | pay, in addition to any other
fees required by this Code, a
| 13 | | reinstatement
fee as follows: | 14 | | Summary suspension under Section 11-501.1 ............$500 | 15 | | Summary revocation under Section 11-501.1 ............$500 | 16 | | Revocation ...........................................$500 | 17 | | (c) All fees collected under the provisions of this Chapter | 18 | | 6 shall be
paid into the Road Fund in the State Treasury except | 19 | | as follows: | 20 | | 1. The following amounts shall be paid into the Driver | 21 | | Education Fund: | 22 | | (A) $16 of the $20
fee for an original driver's | 23 | | instruction permit; | 24 | | (B) $5 of the $30 fee for an original driver's | 25 | | license; | 26 | | (C) $5 of the $30 fee for a 4 year renewal driver's |
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| 1 | | license;
| 2 | | (D) $4 of the $8 fee for a restricted driving | 3 | | permit; and | 4 | | (E) $4 of the $8 fee for a monitoring device | 5 | | driving permit. | 6 | | 2. $30 of the $250 fee for reinstatement of a
license
| 7 | | summarily suspended under Section 11-501.1 shall be | 8 | | deposited into the
Drunk and Drugged Driving Prevention | 9 | | Fund.
However, for a person whose license or privilege to | 10 | | operate a motor vehicle
in this State has been suspended or | 11 | | revoked for a second or subsequent time for
a violation of | 12 | | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | 13 | | the
Criminal Code of 1961 or the Criminal Code of 2012,
| 14 | | $190 of the $500 fee for reinstatement of a license | 15 | | summarily
suspended under
Section 11-501.1,
and $190 of the | 16 | | $500 fee for reinstatement of a revoked license
shall be | 17 | | deposited into the Drunk and Drugged Driving Prevention | 18 | | Fund. $190 of the $500 fee for reinstatement of a license | 19 | | summarily revoked pursuant to Section 11-501.1 shall be | 20 | | deposited into the Drunk and Drugged Driving Prevention | 21 | | Fund. | 22 | | 3. $6 of the such original or renewal fee for a | 23 | | commercial driver's
license and $6 of the commercial | 24 | | learner's driver instruction permit fee when the such
| 25 | | permit is issued to any person holding a valid Illinois | 26 | | driver's license,
shall be paid into the CDLIS/AAMVAnet |
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| 1 | | Trust Fund. | 2 | | 4. $30 of the $70 fee for reinstatement of a license | 3 | | suspended
under the
Family
Financial Responsibility Law | 4 | | shall be paid into the Family Responsibility
Fund. | 5 | | 5. The $5 fee for each original or renewal M or L | 6 | | endorsement shall be
deposited into the Cycle Rider Safety | 7 | | Training Fund. | 8 | | 6. $20 of any original or renewal fee for a commercial | 9 | | driver's
license or commercial learner's driver | 10 | | instruction permit shall be paid into the Motor
Carrier | 11 | | Safety Inspection Fund. | 12 | | 7. The following amounts shall be paid into the General | 13 | | Revenue Fund: | 14 | | (A) $190 of the $250 reinstatement fee for a | 15 | | summary suspension under
Section 11-501.1; | 16 | | (B) $40 of the $70 reinstatement fee for any other | 17 | | suspension provided
in subsection (b) of this Section; | 18 | | and | 19 | | (C) $440 of the $500 reinstatement fee for a first | 20 | | offense revocation
and $310 of the $500 reinstatement | 21 | | fee for a second or subsequent revocation. | 22 | | (d) All of the proceeds of the additional fees imposed by | 23 | | this amendatory Act of the 96th General Assembly shall be | 24 | | deposited into the Capital Projects Fund. | 25 | | (e) The additional fees imposed by this amendatory Act of | 26 | | the 96th General Assembly shall become effective 90 days after |
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| 1 | | becoming law. | 2 | | (f) As used in this Section, "active-duty member of the | 3 | | United States Armed Forces" means a member of the Armed | 4 | | Services or Reserve Forces of the United States or a member of | 5 | | the Illinois National Guard who is called to active duty | 6 | | pursuant to an executive order of the President of the United | 7 | | States, an act of the Congress of the United States, or an | 8 | | order of the Governor. | 9 | | (Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; | 10 | | 96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff. | 11 | | 8-12-11; 97-1150, eff. 1-25-13.)
| 12 | | (625 ILCS 5/6-201)
| 13 | | Sec. 6-201. Authority to cancel licenses and permits.
| 14 | | (a) The Secretary of State is authorized to cancel any | 15 | | license or permit
upon determining that the holder thereof:
| 16 | | 1. was not entitled to the issuance thereof hereunder; | 17 | | or
| 18 | | 2. failed to give the required or correct information | 19 | | in his
application; or
| 20 | | 3. failed to pay any fees, civil penalties owed to the | 21 | | Illinois Commerce
Commission, or taxes due under this Act | 22 | | and upon reasonable notice and demand;
or
| 23 | | 4. committed any fraud in the making of such | 24 | | application; or
| 25 | | 5. is ineligible therefor under the provisions of |
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| 1 | | Section 6-103 of this
Act, as amended; or
| 2 | | 6. has refused or neglected to submit an alcohol, drug, | 3 | | and
intoxicating compound evaluation or to
submit to | 4 | | examination or re-examination as required under this Act; | 5 | | or
| 6 | | 7. has been convicted of violating the Cannabis Control | 7 | | Act,
the
Illinois Controlled Substances Act, the | 8 | | Methamphetamine Control and Community Protection Act, or | 9 | | the Use of Intoxicating Compounds
Act while that individual | 10 | | was in actual physical
control of a motor vehicle. For | 11 | | purposes of this Section, any person placed on
probation | 12 | | under Section 10 of the Cannabis Control Act, Section 410 | 13 | | of the
Illinois Controlled Substances Act, or Section 70 of | 14 | | the Methamphetamine Control and Community Protection Act | 15 | | shall not be considered convicted. Any
person found guilty | 16 | | of this offense, while in actual physical control of a
| 17 | | motor vehicle, shall have an entry made in the court record | 18 | | by the
judge that this offense did occur while the person | 19 | | was in actual
physical control of a motor vehicle and order | 20 | | the clerk of the court to report
the violation to the | 21 | | Secretary of State as such. After the cancellation, the
| 22 | | Secretary of State shall not issue a new license or permit | 23 | | for a period of one
year after the date of cancellation. | 24 | | However, upon application, the Secretary
of State may, if | 25 | | satisfied that the person applying will not endanger the
| 26 | | public safety, or welfare, issue a restricted driving |
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| 1 | | permit granting the
privilege of driving a motor vehicle | 2 | | between the petitioner's residence and
petitioner's place | 3 | | of employment or within the scope of the petitioner's | 4 | | employment
related duties, or to allow transportation for
| 5 | | the petitioner or a household member of the petitioner's | 6 | | family for the receipt of
necessary medical care, or | 7 | | provide transportation for the petitioner to and from | 8 | | alcohol or drug remedial or
rehabilitative activity | 9 | | recommended by a licensed service provider, or for the | 10 | | petitioner to attend classes, as a student,
in an | 11 | | accredited educational institution. The petitioner must
| 12 | | demonstrate that no alternative means of transportation is | 13 | | reasonably
available; provided that the Secretary's | 14 | | discretion shall be limited to
cases where undue hardship, | 15 | | as defined by the rules of the Secretary of State, would | 16 | | result from a failure to issue such
restricted driving | 17 | | permit. In each case the Secretary of State may issue
such | 18 | | restricted driving permit for such period as he deems | 19 | | appropriate,
except that such permit shall expire within | 20 | | one year from the date of
issuance. A restricted driving | 21 | | permit issued hereunder shall be subject to
cancellation, | 22 | | revocation and suspension by the Secretary of State in like
| 23 | | manner and for like cause as a driver's license issued | 24 | | hereunder may be
cancelled, revoked or suspended; except | 25 | | that a conviction upon one or more
offenses against laws or | 26 | | ordinances regulating the movement of traffic
shall be |
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| 1 | | deemed sufficient cause for the revocation, suspension or
| 2 | | cancellation of a restricted driving permit. The Secretary | 3 | | of State may,
as a condition to the issuance of a | 4 | | restricted driving permit, require the
applicant to | 5 | | participate in a driver remedial or rehabilitative
| 6 | | program. In accordance with 49 C.F.R. 384, the Secretary of | 7 | | State may not issue a restricted driving permit for the | 8 | | operation of a commercial motor vehicle to a person holding | 9 | | a CDL whose driving privileges have been revoked, | 10 | | suspended, cancelled, or disqualified under this Code; or
| 11 | | 8. failed to submit a report as required by Section | 12 | | 6-116.5 of this
Code; or
| 13 | | 9. has been convicted of a sex offense as defined in | 14 | | the Sex Offender Registration Act. The driver's license | 15 | | shall remain cancelled until the driver registers as a sex | 16 | | offender as required by the Sex Offender Registration Act, | 17 | | proof of the registration is furnished to the Secretary of | 18 | | State and the sex offender provides proof of current | 19 | | address to the Secretary; or
| 20 | | 10. is ineligible for a license or permit under Section | 21 | | 6-107, 6-107.1, or
6-108 of this Code; or
| 22 | | 11. refused or neglected to appear at a Driver Services | 23 | | facility to have the license or permit corrected and a new | 24 | | license or permit issued or to present documentation for | 25 | | verification of identity; or
| 26 | | 12. failed to submit a medical examiner's certificate |
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| 1 | | or medical variance as required by 49 C.F.R. 383.71 or | 2 | | submitted a fraudulent medical examiner's certificate or | 3 | | medical variance; or | 4 | | 13. has had his or her medical examiner's certificate, | 5 | | medical variance, or both removed or rescinded by the | 6 | | Federal Motor Carrier Safety Administration; or | 7 | | 14. failed to self-certify as to the type of driving in | 8 | | which the CDL driver engages or expects to engage ; or | 9 | | 15. was convicted of fraud relating to the testing or | 10 | | issuance of a CDL or CLP, in which case only the CDL or CLP | 11 | | shall be cancelled. After cancellation, the Secretary | 12 | | shall not issue a CLP or CDL for a period of one year from | 13 | | the date of cancellation . | 14 | | (b) Upon such cancellation the licensee or permittee must | 15 | | surrender the
license or permit so cancelled to the Secretary | 16 | | of State.
| 17 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 18 | | Secretary of State
shall have exclusive authority to grant, | 19 | | issue, deny, cancel, suspend and
revoke driving privileges, | 20 | | drivers' licenses and restricted driving permits.
| 21 | | (d) The Secretary of State may adopt rules to implement | 22 | | this Section.
| 23 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 24 | | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12.)
| 25 | | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
|
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| 1 | | Sec. 6-204. When Court to forward License and Reports.
| 2 | | (a) For the purpose of providing to the Secretary of State | 3 | | the records
essential to the performance of the Secretary's | 4 | | duties under this Code to
cancel, revoke or suspend the | 5 | | driver's license and privilege to drive motor
vehicles of | 6 | | certain minors adjudicated truant minors in need of | 7 | | supervision,
addicted, or delinquent and of persons
found | 8 | | guilty of the criminal offenses or traffic violations
which | 9 | | this Code recognizes as evidence relating to unfitness to | 10 | | safely operate
motor vehicles, the following duties are imposed | 11 | | upon public officials:
| 12 | | (1) Whenever any person is convicted of any offense for | 13 | | which
this
Code makes mandatory the cancellation or | 14 | | revocation of the driver's
license or permit of such person | 15 | | by the Secretary of State, the judge of the
court in which | 16 | | such conviction is had shall require the surrender to the | 17 | | clerk
of the court of all driver's licenses or permits then | 18 | | held by the person so
convicted, and the clerk of the court | 19 | | shall, within 5 days thereafter, forward
the same, together | 20 | | with a report of such conviction, to the Secretary.
| 21 | | (2) Whenever any person is convicted of any offense | 22 | | under this
Code or
similar offenses under a municipal | 23 | | ordinance, other than regulations
governing standing, | 24 | | parking or weights of vehicles, and excepting the
following | 25 | | enumerated Sections of this Code: Sections 11-1406 | 26 | | (obstruction
to driver's view or control), 11-1407 |
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| 1 | | (improper opening of door into
traffic), 11-1410 (coasting | 2 | | on downgrade), 11-1411 (following fire
apparatus), | 3 | | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| 4 | | vehicle which is in unsafe condition or improperly | 5 | | equipped), 12-201(a)
(daytime lights on motorcycles), | 6 | | 12-202 (clearance, identification and
side marker lamps), | 7 | | 12-204 (lamp or flag on projecting load), 12-205
(failure | 8 | | to display the safety lights required), 12-401 | 9 | | (restrictions as
to tire equipment), 12-502 (mirrors), | 10 | | 12-503 (windshields must be
unobstructed and equipped with | 11 | | wipers), 12-601 (horns and warning
devices), 12-602 | 12 | | (mufflers, prevention of noise or smoke), 12-603 (seat
| 13 | | safety belts), 12-702 (certain vehicles to carry flares or | 14 | | other warning
devices), 12-703 (vehicles for oiling roads | 15 | | operated on highways),
12-710 (splash guards and | 16 | | replacements), 13-101 (safety tests), 15-101
(size, weight | 17 | | and load), 15-102 (width), 15-103 (height), 15-104 (name
| 18 | | and address on second division vehicles), 15-107 (length of | 19 | | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | 20 | | 15-112 (weights), 15-301
(weights), 15-316 (weights), | 21 | | 15-318 (weights), and also excepting the following
| 22 | | enumerated Sections of the Chicago Municipal Code: | 23 | | Sections 27-245 (following
fire apparatus), 27-254 | 24 | | (obstruction of traffic), 27-258 (driving vehicle which
is | 25 | | in unsafe condition), 27-259 (coasting on downgrade), | 26 | | 27-264 (use of horns
and signal devices), 27-265 |
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| 1 | | (obstruction to driver's view or driver mechanism),
27-267 | 2 | | (dimming of headlights), 27-268 (unattended motor | 3 | | vehicle), 27-272
(illegal funeral procession), 27-273 | 4 | | (funeral procession on boulevard), 27-275
(driving freight | 5 | | hauling vehicles on boulevard), 27-276 (stopping and | 6 | | standing
of buses or taxicabs), 27-277 (cruising of public | 7 | | passenger vehicles), 27-305
(parallel parking), 27-306 | 8 | | (diagonal parking), 27-307 (parking not to obstruct
| 9 | | traffic), 27-308 (stopping, standing or parking | 10 | | regulated), 27-311 (parking
regulations), 27-312 (parking | 11 | | regulations), 27-313 (parking regulations),
27-314 | 12 | | (parking regulations), 27-315 (parking regulations), | 13 | | 27-316 (parking
regulations), 27-317 (parking | 14 | | regulations), 27-318 (parking regulations),
27-319 | 15 | | (parking regulations), 27-320 (parking regulations), | 16 | | 27-321 (parking
regulations), 27-322 (parking | 17 | | regulations), 27-324 (loading and
unloading at an angle), | 18 | | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | 19 | | the downtown district), 27-335 (load restrictions in
| 20 | | residential areas), 27-338 (width of vehicles), 27-339 | 21 | | (height of
vehicles), 27-340 (length of vehicles), 27-352 | 22 | | (reflectors on trailers),
27-353 (mufflers), 27-354 | 23 | | (display of plates), 27-355 (display of city
vehicle tax | 24 | | sticker), 27-357 (identification of vehicles), 27-358
| 25 | | (projecting of loads), and also excepting the following | 26 | | enumerated
paragraphs of Section 2-201 of the Rules and |
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| 1 | | Regulations of the Illinois
State Toll Highway Authority: | 2 | | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | 3 | | transporting dangerous cargo not properly indicated), it
| 4 | | shall be the duty of the clerk of the court in which such | 5 | | conviction is
had within 5 days thereafter to forward to | 6 | | the Secretary of State a report of
the conviction and the | 7 | | court may recommend the suspension of the driver's
license | 8 | | or permit of the person so convicted.
| 9 | | The reporting requirements of this subsection shall apply | 10 | | to all
violations stated in paragraphs (1) and (2) of this
| 11 | | subsection when the
individual has been adjudicated under the | 12 | | Juvenile Court Act or the
Juvenile Court Act of 1987. Such | 13 | | reporting requirements shall also apply to
individuals | 14 | | adjudicated under the Juvenile Court Act or the Juvenile Court | 15 | | Act
of 1987 who have committed a violation of Section 11-501 of | 16 | | this Code, or
similar provision of a local ordinance, or | 17 | | Section 9-3 of the Criminal Code
of 1961 or the Criminal Code | 18 | | of 2012, relating to the offense of reckless homicide.
These | 19 | | reporting requirements also apply to individuals adjudicated | 20 | | under the Juvenile Court Act of 1987 based on any offense | 21 | | determined to have been committed in furtherance of the | 22 | | criminal activities of an organized gang, as provided in | 23 | | Section 5-710 of that Act, and that involved the operation or | 24 | | use of a motor vehicle or the use of a driver's license or | 25 | | permit. The reporting requirements of this subsection shall | 26 | | also apply to
a truant minor in need of supervision, an |
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| 1 | | addicted
minor, or a delinquent minor and whose driver's | 2 | | license and privilege to
drive a motor vehicle has been ordered | 3 | | suspended for such times as determined
by the Court, but only | 4 | | until he or she attains
18 years of age. It shall be the duty of | 5 | | the clerk of the court in which
adjudication is had within 5 | 6 | | days thereafter to forward to the Secretary of
State a report | 7 | | of the adjudication and the court order requiring the Secretary
| 8 | | of State to suspend the minor's driver's license and driving | 9 | | privilege for such
time as determined by the Court, but only | 10 | | until he or she attains the age of 18
years. All juvenile court | 11 | | dispositions reported to the Secretary of State
under this | 12 | | provision shall be processed by the Secretary of State as if | 13 | | the
cases had been adjudicated in traffic or criminal court. | 14 | | However, information
reported relative to the offense of | 15 | | reckless homicide, or Section 11-501 of
this Code, or a similar | 16 | | provision of a local ordinance, shall be privileged
and | 17 | | available only to the Secretary of State, courts, and police | 18 | | officers.
| 19 | | The reporting requirements of this subsection (a) | 20 | | apply to all violations listed in paragraphs (1) and (2) of | 21 | | this subsection (a), excluding parking violations, when | 22 | | the driver holds a CLP or CDL, regardless of the type of | 23 | | vehicle in which the violation occurred, or when any driver | 24 | | committed the violation in a commercial motor vehicle as | 25 | | defined in Section 6-500 of this Code.
| 26 | | (3) Whenever an order is entered vacating the |
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| 1 | | forfeiture of any
bail,
security or bond given to secure | 2 | | appearance for any offense under this
Code or similar | 3 | | offenses under municipal ordinance, it shall be the duty
of | 4 | | the clerk of the court in which such vacation was had or | 5 | | the judge of
such court if such court has no clerk, within | 6 | | 5 days thereafter to
forward to the Secretary of State a | 7 | | report of the vacation.
| 8 | | (4) A report of any disposition of court supervision | 9 | | for a
violation of
Sections 6-303, 11-401, 11-501 or a | 10 | | similar provision of a local ordinance,
11-503, 11-504, and | 11 | | 11-506 shall be forwarded to the Secretary of State.
A | 12 | | report of any disposition of court supervision for a | 13 | | violation of an offense
defined as a serious traffic | 14 | | violation in this Code or a similar provision of a
local | 15 | | ordinance committed by a person under the age of 21 years | 16 | | shall be
forwarded to the Secretary of State.
| 17 | | (5) Reports of conviction
under this Code
and | 18 | | sentencing hearings under the
Juvenile Court
Act of 1987 in | 19 | | an electronic format
or a computer processible medium
shall
| 20 | | be
forwarded to the Secretary of State via the Supreme | 21 | | Court in the form and
format required by the Illinois | 22 | | Supreme Court and established by a written
agreement | 23 | | between the Supreme Court and the Secretary of State.
In | 24 | | counties with a population over 300,000, instead of | 25 | | forwarding reports to
the Supreme Court, reports of | 26 | | conviction
under this Code
and sentencing hearings under |
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| 1 | | the
Juvenile Court Act of 1987 in an electronic format
or a | 2 | | computer processible medium
may
be forwarded to the | 3 | | Secretary of State by the Circuit Court Clerk in a form and
| 4 | | format required by the Secretary of State and established | 5 | | by written agreement
between the Circuit Court Clerk and | 6 | | the Secretary of State. Failure to
forward the reports of | 7 | | conviction or sentencing hearing under the Juvenile
Court | 8 | | Act of 1987 as required by this Section shall be
deemed an | 9 | | omission of duty and it shall be the duty of the several | 10 | | State's
Attorneys to enforce the requirements of this | 11 | | Section.
| 12 | | (b) Whenever a restricted driving permit is forwarded to a | 13 | | court, as a
result of confiscation by a police officer pursuant | 14 | | to the authority in
Section 6-113(f), it shall be the duty of | 15 | | the clerk, or judge, if the court
has no clerk, to forward such | 16 | | restricted driving permit and a facsimile of
the officer's | 17 | | citation to the Secretary of State as expeditiously as
| 18 | | practicable.
| 19 | | (c) For the purposes of this Code, a forfeiture of bail or | 20 | | collateral
deposited to secure a defendant's appearance in | 21 | | court when forfeiture
has not been vacated, or the failure of a | 22 | | defendant to appear for trial
after depositing his driver's | 23 | | license in lieu of other bail, shall be
equivalent to a | 24 | | conviction.
| 25 | | (d) For the purpose of providing the Secretary of State | 26 | | with records
necessary to properly monitor and assess driver |
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| 1 | | performance and assist the
courts in the proper disposition of | 2 | | repeat traffic law offenders, the clerk
of the court shall | 3 | | forward to the Secretary of State,
on a form prescribed
by the | 4 | | Secretary, records of a driver's participation in a driver | 5 | | remedial
or rehabilitative program which was required, through | 6 | | a court order or court
supervision, in relation to the driver's | 7 | | arrest for a violation of Section
11-501 of this Code or a | 8 | | similar provision of a local ordinance.
The clerk of the court | 9 | | shall also forward to the Secretary, either on
paper or in an | 10 | | electronic format or a computer processible medium as required
| 11 | | under paragraph (5) of subsection (a) of this Section, any | 12 | | disposition
of court supervision for any traffic violation,
| 13 | | excluding those offenses listed in paragraph (2)
of subsection | 14 | | (a) of this Section.
These reports
shall be sent within 5
days | 15 | | after disposition, or, if
the driver is
referred to a driver
| 16 | | remedial or rehabilitative program, within 5 days of the | 17 | | driver's referral
to that program.
These reports received by | 18 | | the Secretary of State, including those required to
be | 19 | | forwarded under paragraph (a)(4), shall be privileged | 20 | | information, available
only (i) to the affected driver, (ii) to | 21 | | the parent or guardian of a person under the age of 18 years | 22 | | holding an instruction permit or a graduated driver's license, | 23 | | and (iii) for use by the courts, police
officers, prosecuting | 24 | | authorities, the Secretary of State, and the driver licensing | 25 | | administrator of any other state. In accordance with 49 C.F.R. | 26 | | Part 384, all reports of court supervision, except violations |
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| 1 | | related to parking, shall be forwarded to the Secretary of | 2 | | State for all holders of a CLP or CDL or any driver who commits | 3 | | an offense while driving a commercial motor vehicle. These | 4 | | reports shall be recorded to the driver's record as a | 5 | | conviction for use in the disqualification of the driver's | 6 | | commercial motor vehicle privileges and shall not be privileged | 7 | | information.
| 8 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 9 | | (625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
| 10 | | Sec. 6-207. Secretary of State may require reexamination or | 11 | | reissuance of a
license. | 12 | | (a) The Secretary of State, having good cause to believe | 13 | | that a licensed
driver or person holding a permit or applying | 14 | | for a license or license
renewal is incompetent or otherwise | 15 | | not qualified to hold a license or
permit, may upon written | 16 | | notice of at least 5 days to the person require the
person to | 17 | | submit to an examination as prescribed by the Secretary.
| 18 | | Refusal or neglect of the person to submit an alcohol, | 19 | | drug, or
intoxicating compound evaluation or
submit to or | 20 | | failure to successfully complete the examination is
grounds for | 21 | | suspension of the person's license or permit under
Section | 22 | | 6-206 of this Act or cancellation of his license or permit | 23 | | under
Section 6-201 of this Act.
| 24 | | (b) The Secretary of State, having issued a driver's | 25 | | license or
permit in error, may upon written notice of at least |
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| 1 | | 5 days to the person,
require the person to appear at a Driver | 2 | | Services facility to have the
license or permit error corrected | 3 | | and a new license or permit issued.
| 4 | | Refusal or neglect of the person to appear is grounds for | 5 | | cancellation of
the person's license or permit under Section | 6 | | 6-201 of this Act.
| 7 | | (c) The Secretary of State, having issued a driver's | 8 | | license or permit to a person who subsequently becomes | 9 | | ineligible to retain that license or permit as currently | 10 | | issued, may, upon written notice of at least 5 days to the | 11 | | person, require the person to appear at a Driver Services | 12 | | facility to have the license or permit corrected and a new | 13 | | license or permit issued.
| 14 | | (d) The Secretary of State, having good cause to believe | 15 | | that a driver's license or permit was issued based on invalid, | 16 | | fictitious, or fraudulent documents, may upon written notice of | 17 | | at least 5 days require the person to appear at a Driver | 18 | | Services facility to present valid documents for verification | 19 | | of identity. Refusal or neglect of the person to appear shall | 20 | | result in cancellation of the person's license or permit. | 21 | | (e) Under 49 C.F.R. 383.73, if the Secretary of State | 22 | | receives credible information that a CLP or CDL was issued and | 23 | | fraud was committed relating to the issuance of the CLP or CDL, | 24 | | the Secretary shall require the CLP or CDL holder to re-submit | 25 | | to all testing required for the issuance of the CLP or CDL | 26 | | (written, pre-trip, skills, and road exams). Upon written |
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| 1 | | notification by the Secretary, the holder shall have 5 days to | 2 | | submit to re-examination. Failure to appear or successfully | 3 | | complete the examination shall result in the cancellation of | 4 | | the CLP or CDL under Section 6-201 of this Act. | 5 | | (Source: P.A. 97-229, eff. 7-28-11.)
| 6 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| 7 | | Sec. 6-500. Definitions of words and phrases. | 8 | | Notwithstanding the
definitions set forth elsewhere in this
| 9 | | Code, for purposes of the Uniform Commercial Driver's License | 10 | | Act
(UCDLA), the words and phrases listed below have the | 11 | | meanings
ascribed to them as follows:
| 12 | | (1) Alcohol. "Alcohol" means any substance containing any | 13 | | form of
alcohol, including but not limited to ethanol,
| 14 | | methanol,
propanol, and
isopropanol.
| 15 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 16 | | (A) the number of grams of alcohol per 210 liters of | 17 | | breath;
or
| 18 | | (B) the number of grams of alcohol per 100 milliliters | 19 | | of
blood; or
| 20 | | (C) the number of grams of alcohol per 67 milliliters | 21 | | of
urine.
| 22 | | Alcohol tests administered within 2 hours of the driver | 23 | | being
"stopped or detained" shall be considered that driver's | 24 | | "alcohol
concentration" for the purposes of enforcing this | 25 | | UCDLA.
|
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| 1 | | (3) (Blank).
| 2 | | (4) (Blank).
| 3 | | (5) (Blank).
| 4 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 5 | | electronic record of the individual CDL driver's status and | 6 | | history stored by the State-of-Record as part of the Commercial | 7 | | Driver's License Information System, or CDLIS, established | 8 | | under 49 U.S.C. 31309. | 9 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 10 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 11 | | driver record meeting the requirements for access to CDLIS | 12 | | information and provided by states to users authorized in 49 | 13 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 14 | | Driver Privacy Protection Act, 18 U.S.C. 2721–2725. | 15 | | (5.7) Commercial driver's license downgrade. "Commercial | 16 | | driver's license downgrade" or "CDL downgrade" means either: | 17 | | (A) a state allows the driver to change his or her | 18 | | self-certification to interstate, but operating | 19 | | exclusively in transportation or operation excepted from | 20 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | 21 | | 391.2, 391.68, or 398.3; | 22 | | (B) a state allows the driver to change his or her | 23 | | self-certification to intrastate only, if the driver | 24 | | qualifies under that state's physical qualification | 25 | | requirements for intrastate only; | 26 | | (C) a state allows the driver to change his or her |
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| 1 | | certification to intrastate, but operating exclusively in | 2 | | transportation or operations excepted from all or part of | 3 | | the state driver qualification requirements; or | 4 | | (D) a state removes the CDL privilege from the driver | 5 | | license. | 6 | | (6) Commercial Motor Vehicle.
| 7 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 8 | | vehicle or combination of motor vehicles used in commerce, | 9 | | except those referred to in subdivision (B), designed
to | 10 | | transport passengers or property if the motor vehicle :
| 11 | | (i) has a gross combination weight rating or gross | 12 | | combination weight of 11,794 kilograms or more (26,001 | 13 | | pounds or more), whichever is greater, inclusive of any | 14 | | towed unit with a gross vehicle weight rating or
gross | 15 | | vehicle weight of more than 4,536 kilograms (10,000 | 16 | | pounds), whichever is greater the vehicle has a GVWR of | 17 | | 26,001 pounds or more or such
a
lesser GVWR as | 18 | | subsequently determined by federal regulations or the | 19 | | Secretary
of State; or any
combination of vehicles with | 20 | | a GCWR of 26,001 pounds or more, provided the
GVWR of | 21 | | any vehicle or vehicles being towed is 10,001 pounds or | 22 | | more ; or
| 23 | | (i-5) has a gross vehicle weight rating or gross | 24 | | vehicle weight of 11,794 or more kilograms (26,001 | 25 | | pounds or more), whichever is greater; or
| 26 | | (ii) the vehicle is designed to transport 16 or |
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| 1 | | more
persons , including the driver ;
or
| 2 | | (iii) the vehicle is of any size and is used in | 3 | | transporting hazardous materials as defined in 49 | 4 | | C.F.R. 383.5 and
is
required to
be placarded in | 5 | | accordance with 49 C.F.R. Part 172, subpart F .
| 6 | | (B) Pursuant to the interpretation of the Commercial | 7 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 8 | | Administration, the definition of
"commercial motor | 9 | | vehicle" does not include:
| 10 | | (i) recreational vehicles, when operated primarily | 11 | | for personal use;
| 12 | | (ii) vehicles owned by or operated under the | 13 | | direction of the United States Department of Defense or | 14 | | the United States Coast Guard only when operated by
| 15 | | non-civilian personnel. This includes any operator on | 16 | | active military
duty; members of the Reserves; | 17 | | National Guard; personnel on part-time
training; and | 18 | | National Guard military technicians (civilians who are
| 19 | | required to wear military uniforms and are subject to | 20 | | the Code of Military
Justice); or
| 21 | | (iii) firefighting, police, and other emergency | 22 | | equipment (including, without limitation, equipment | 23 | | owned or operated by a HazMat or technical rescue team | 24 | | authorized by a county board under Section 5-1127 of | 25 | | the Counties Code), with audible and
visual signals, | 26 | | owned or operated
by or for a
governmental entity, |
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| 1 | | which is necessary to the preservation of life or
| 2 | | property or the execution of emergency governmental | 3 | | functions which are
normally not subject to general | 4 | | traffic rules and regulations.
| 5 | | (7) Controlled Substance. "Controlled substance" shall | 6 | | have the same
meaning as defined in Section 102 of the Illinois | 7 | | Controlled Substances Act,
and shall also include cannabis as | 8 | | defined in Section 3 of the Cannabis Control
Act and | 9 | | methamphetamine as defined in Section 10 of the Methamphetamine | 10 | | Control and Community Protection Act.
| 11 | | (8) Conviction. "Conviction" means an unvacated | 12 | | adjudication of guilt
or a determination that a person has | 13 | | violated or failed to comply with the
law in a court of | 14 | | original jurisdiction or by an authorized administrative
| 15 | | tribunal; an unvacated forfeiture of bail or collateral | 16 | | deposited to secure
the person's appearance in court; a plea of | 17 | | guilty or nolo contendere accepted by the court; the payment of | 18 | | a fine or court cost
regardless of whether the imposition of | 19 | | sentence is deferred and ultimately
a judgment dismissing the | 20 | | underlying charge is entered; or a violation of a
condition of | 21 | | release without bail, regardless of whether or not the penalty
| 22 | | is rebated, suspended or probated.
| 23 | | (8.5) Day. "Day" means calendar day.
| 24 | | (9) (Blank).
| 25 | | (10) (Blank).
| 26 | | (11) (Blank).
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| 1 | | (12) (Blank).
| 2 | | (13) Driver. "Driver" means any person who drives, | 3 | | operates, or is in
physical control of a commercial motor | 4 | | vehicle, any person who is required to hold a
CDL, or any | 5 | | person who is a holder of a CDL while operating a | 6 | | non-commercial motor vehicle.
| 7 | | (13.5) Driver applicant. "Driver applicant" means an | 8 | | individual who applies to a state or other jurisdiction to | 9 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | 10 | | a CLP .
| 11 | | (13.8) Electronic device. "Electronic device" includes, | 12 | | but is not limited to, a cellular telephone, personal digital | 13 | | assistant, pager, computer, or any other device used to input, | 14 | | write, send, receive, or read text. | 15 | | (14) Employee. "Employee" means a person who is employed as | 16 | | a
commercial
motor vehicle driver. A person who is | 17 | | self-employed as a commercial motor
vehicle driver must comply | 18 | | with the requirements of this UCDLA
pertaining to employees. An
| 19 | | owner-operator on a long-term lease shall be considered an | 20 | | employee.
| 21 | | (15) Employer. "Employer" means a person (including the | 22 | | United
States, a State or a local authority) who owns or leases | 23 | | a commercial motor
vehicle or assigns employees to operate such | 24 | | a vehicle. A person who is
self-employed as a commercial motor | 25 | | vehicle driver must
comply with the requirements of this UCDLA.
| 26 | | (15.1) Endorsement. "Endorsement" means an authorization |
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| 1 | | to an individual's CLP or CDL required to permit the individual | 2 | | to operate certain types of commercial motor vehicles. | 3 | | (15.3) Excepted interstate. "Excepted interstate" means a | 4 | | person who operates or expects to operate in interstate | 5 | | commerce, but engages exclusively in transportation or | 6 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | 7 | | 398.3 from all or part of the qualification requirements of 49 | 8 | | C.F.R. Part 391 and is not required to obtain a medical | 9 | | examiner's certificate by 49 C.F.R. 391.45. | 10 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 11 | | person who operates in intrastate commerce but engages | 12 | | exclusively in transportation or operations excepted from all | 13 | | or parts of the state driver qualification requirements. | 14 | | (16) (Blank).
| 15 | | (16.5) Fatality. "Fatality" means the death of a person as | 16 | | a result of a motor vehicle accident.
| 17 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 18 | | sovereign
jurisdiction that does not fall within the definition | 19 | | of "State".
| 20 | | (18) (Blank).
| 21 | | (19) (Blank).
| 22 | | (20) Hazardous materials. "Hazardous Material" means any | 23 | | material that has been designated under 49 U.S.C.
5103 and is | 24 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 25 | | or any quantity of a material listed as a select agent or toxin | 26 | | in 42 C.F.R. part 73.
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| 1 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 2 | | existence of a condition relating to hazardous material that | 3 | | presents a substantial likelihood that death, serious illness, | 4 | | severe personal injury, or a substantial endangerment to | 5 | | health, property, or the environment may occur before the | 6 | | reasonably foreseeable completion date of a formal proceeding | 7 | | begun to lessen the risk of that death, illness, injury or | 8 | | endangerment.
| 9 | | (20.6) Issuance. "Issuance" means initial issuance, | 10 | | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | 11 | | CLP or CDL. | 12 | | (20.7) Issue. "Issue" means initial issuance, transfer, | 13 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | 14 | | non-domiciled CDL. | 15 | | (21) Long-term lease. "Long-term lease" means a lease of a | 16 | | commercial
motor vehicle by the owner-lessor to a lessee, for a | 17 | | period of more than 29
days.
| 18 | | (21.01) Manual transmission. "Manual transmission" means a | 19 | | transmission utilizing a driver-operated clutch that is | 20 | | activated by a pedal or lever and a gear-shift mechanism | 21 | | operated either by hand or foot including those known as a | 22 | | stick shift, stick, straight drive, or standard transmission. | 23 | | All other transmissions, whether semi-automatic or automatic, | 24 | | shall be considered automatic for the purposes of the | 25 | | standardized restriction code. | 26 | | (21.1) Medical examiner. "Medical examiner" means a person |
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| 1 | | who is licensed, certified, or registered in accordance with | 2 | | applicable state laws and regulations to perform physical | 3 | | examinations. The term includes but is not limited to doctors | 4 | | of medicine, doctors of osteopathy, physician assistants, | 5 | | advanced practice nurses, and doctors of chiropractic. | 6 | | (21.2) Medical examiner's certificate. "Medical examiner's | 7 | | certificate" means a document prescribed or approved by the | 8 | | Secretary of State that is issued by a medical examiner to a | 9 | | driver to medically qualify him or her to drive. | 10 | | (21.5) Medical variance. "Medical variance" means a driver | 11 | | has received one of the following from the Federal Motor | 12 | | Carrier Safety Administration which allows the driver to be | 13 | | issued a medical certificate: (1) an exemption letter | 14 | | permitting operation of a commercial motor vehicle pursuant to | 15 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 16 | | skill performance evaluation (SPE) certificate permitting | 17 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 18 | | 391.49. | 19 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile | 20 | | communication device that falls under or uses any commercial | 21 | | mobile radio service, as defined in regulations of the Federal | 22 | | Communications Commission, 47 CFR 20.3. It does not include | 23 | | two-way or citizens band radio services. | 24 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 25 | | which is self-propelled, and every vehicle which is propelled | 26 | | by electric
power obtained from over head trolley wires but not |
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| 1 | | operated upon rails,
except vehicles moved solely by human | 2 | | power and motorized wheel chairs.
| 3 | | (22.2) Motor vehicle record. "Motor vehicle record" means a | 4 | | report of the driving status and history of a driver generated | 5 | | from the driver record provided to users, such as drivers or | 6 | | employers, and is subject to the provisions of the Driver | 7 | | Privacy Protection Act, 18 U.S.C. 2721-2725. | 8 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 9 | | combination 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" | 12 | | means a person who operates or expects to operate in interstate | 13 | | commerce, is subject to and meets the qualification | 14 | | requirements under 49 C.F.R. Part 391, and is required to | 15 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 16 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 17 | | means a person who operates only in intrastate commerce and is | 18 | | subject to State driver qualification requirements. | 19 | | (23) Non-domiciled CLP or Non-domiciled Non-resident CDL. | 20 | | " Non-domiciled CLP" or "Non-domiciled Non-resident CDL" means | 21 | | a CLP or CDL, respectively, commercial driver's
license issued | 22 | | by a state or other jurisdiction under either of the following | 23 | | two conditions: | 24 | | (i) to an individual domiciled in a foreign country | 25 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | 26 | | of the Federal Motor Carrier Safety Administration.
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| 1 | | (ii) to an individual domiciled in another state | 2 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | 3 | | of the Federal Motor Carrier Safety Administration.
| 4 | | (24) (Blank).
| 5 | | (25) (Blank).
| 6 | | (25.5) Railroad-Highway Grade Crossing Violation. | 7 | | "Railroad-highway
grade
crossing violation" means a
violation, | 8 | | while operating a commercial motor vehicle, of
any
of the | 9 | | following:
| 10 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
| 11 | | Code.
| 12 | | (B) Any other similar
law or local ordinance of any | 13 | | state relating to
railroad-highway grade crossing.
| 14 | | (25.7) School Bus. "School bus" means a commercial motor | 15 | | vehicle used to transport pre-primary, primary, or secondary | 16 | | school students from home to school, from school to home, or to | 17 | | and from school-sponsored events. "School bus" does not include | 18 | | a bus used as a common carrier.
| 19 | | (26) Serious Traffic Violation. "Serious traffic | 20 | | violation"
means:
| 21 | | (A) a conviction when operating a commercial motor | 22 | | vehicle, or when operating a non-CMV while holding a CLP or | 23 | | CDL,
of:
| 24 | | (i) a violation relating to excessive speeding,
| 25 | | involving a single speeding charge of 15 miles per hour | 26 | | or more above the
legal speed limit; or
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| 1 | | (ii) a violation relating to reckless driving; or
| 2 | | (iii) a violation of any State law or local | 3 | | ordinance relating to motor
vehicle traffic control | 4 | | (other than parking violations) arising in
connection | 5 | | with a fatal traffic accident; or
| 6 | | (iv) a violation of Section 6-501, relating to | 7 | | having multiple driver's
licenses; or
| 8 | | (v) a violation of paragraph (a) of Section 6-507, | 9 | | relating to the
requirement to have a valid CDL; or
| 10 | | (vi) a violation relating to improper or erratic | 11 | | traffic lane changes;
or
| 12 | | (vii) a violation relating to following another | 13 | | vehicle too closely; or
| 14 | | (viii) a violation relating to texting while | 15 | | driving; or | 16 | | (ix) a violation relating to the use of a hand-held | 17 | | mobile telephone while driving; or
| 18 | | (B) any other similar violation of a law or local
| 19 | | ordinance of any state relating to motor vehicle traffic | 20 | | control, other
than a parking violation, which the | 21 | | Secretary of State determines by
administrative rule to be | 22 | | serious.
| 23 | | (27) State. "State" means a state of the United States, the | 24 | | District of
Columbia and any province or territory of Canada.
| 25 | | (28) (Blank).
| 26 | | (29) (Blank).
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| 1 | | (30) (Blank).
| 2 | | (31) (Blank).
| 3 | | (32) Texting. "Texting" means manually entering | 4 | | alphanumeric text into, or reading text from, an electronic | 5 | | device. | 6 | | (1) Texting includes, but is not limited to, short | 7 | | message service, emailing, instant messaging, a command or | 8 | | request to access a World Wide Web page, pressing more than | 9 | | a single button to initiate or terminate a voice | 10 | | communication using a mobile telephone, or engaging in any | 11 | | other form of electronic text retrieval or entry for | 12 | | present or future communication. | 13 | | (2) Texting does not include: | 14 | | (i) inputting, selecting, or reading information | 15 | | on a global positioning system or navigation system; or | 16 | | (ii) pressing a single button to initiate or | 17 | | terminate a voice communication using a mobile | 18 | | telephone; or | 19 | | (iii) using a device capable of performing | 20 | | multiple functions (for example, a fleet management | 21 | | system, dispatching device, smart phone, citizens band | 22 | | radio, or music player) for a purpose that is not | 23 | | otherwise prohibited by Part 392 of the Federal Motor | 24 | | Carrier Safety Regulations. | 25 | | (32.3) Third party skills test examiner. "Third party | 26 | | skills test examiner" means a person employed by a third party |
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| 1 | | tester who is authorized by the State to administer the CDL | 2 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | 3 | | (32.5) Third party tester. "Third party tester" means a | 4 | | person (including, but not limited to, another state, a motor | 5 | | carrier, a private driver training facility or other private | 6 | | institution, or a department, agency, or instrumentality of a | 7 | | local government) authorized by the State to employ skills test | 8 | | examiners to administer the CDL skills tests specified in 49 | 9 | | C.F.R. Part 383, subparts G and H. | 10 | | (32.7) United States. "United States" means the 50 states | 11 | | and the District of Columbia. | 12 | | (33) Use a hand-held mobile telephone. "Use a hand-held | 13 | | mobile telephone" means: | 14 | | (1) using at least one hand to hold a mobile telephone | 15 | | to conduct a voice communication; | 16 | | (2) dialing or answering a mobile telephone by pressing | 17 | | more than a single button; or | 18 | | (3) reaching for a mobile telephone in a manner that | 19 | | requires a driver to maneuver so that he or she is no | 20 | | longer in a seated driving position, restrained by a seat | 21 | | belt that is installed in accordance with 49 CFR 393.93 and | 22 | | adjusted in accordance with the vehicle manufacturer's | 23 | | instructions. | 24 | | (Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | 25 | | eff. 1-1-13; revised 8-3-12.)
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| 1 | | (625 ILCS 5/6-502) (from Ch. 95 1/2, par. 6-502)
| 2 | | Sec. 6-502.
Commercial motor vehicle drivers - reporting
of | 3 | | traffic violations to the Secretary of State. When required by | 4 | | the
Commercial Motor Vehicle Safety Act
of 1986, every person | 5 | | who has been issued an Illinois
non-domiciled non-resident CLP | 6 | | or non-domiciled CDL or who is a domiciliary of this State and | 7 | | drives
a commercial motor vehicle in violation
of a law or | 8 | | local ordinance of any State relating to motor vehicle
traffic | 9 | | control (other than parking violations) in any other
state, | 10 | | shall notify the Secretary of State, on a form and in
a manner | 11 | | prescribed by the Secretary, of such violation
within 30 days | 12 | | after the date such person has been convicted of such offense.
| 13 | | (Source: P.A. 86-845.)
| 14 | | (625 ILCS 5/6-503) (from Ch. 95 1/2, par. 6-503)
| 15 | | Sec. 6-503.
Commercial motor vehicle drivers - reporting of | 16 | | traffic
violations to employer. Every person who is
a | 17 | | domiciliary of this State or who has been issued an Illinois | 18 | | non-domiciled non-resident CLP or non-domiciled CDL
and drives | 19 | | a commercial motor vehicle in
violation of a law or local | 20 | | ordinance of any State
relating to motor vehicle
traffic | 21 | | control (other than parking violations) in this or any other | 22 | | state,
shall notify such person's employer of such violation
| 23 | | within 30 days after the
date such person is convicted of such | 24 | | offense.
| 25 | | In the event such person is a "common carrier of property |
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| 1 | | by motor
vehicle", as defined in
Section 18c-1104 of this Code, | 2 | | such person shall notify the
principal lessor of such within 30 | 3 | | days after the date such person is
convicted of the violation. | 4 | | However, if such person is
an independent contractor or owner | 5 | | operator, such report shall be kept at
the principal place of | 6 | | business and available during normal office hours
for | 7 | | inspection and auditing purposes by an authorized agency.
| 8 | | (Source: P.A. 86-845.)
| 9 | | (625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
| 10 | | Sec. 6-506. Commercial motor vehicle driver - | 11 | | employer/owner
responsibilities. | 12 | | (a) No employer or commercial motor
vehicle owner shall
| 13 | | knowingly allow, permit,
authorize, or require an employee to | 14 | | drive a commercial motor
vehicle on the highways during any | 15 | | period in which such employee:
| 16 | | (1) has a driver's license suspended, revoked or | 17 | | cancelled by any state;
or
| 18 | | (2) has lost the privilege to drive a commercial motor | 19 | | vehicle in any
state; or
| 20 | | (3) has been disqualified from driving a
commercial | 21 | | motor vehicle; or
| 22 | | (4) has more than one CLP or CDL driver's license , | 23 | | except as provided
by this UCDLA; or
| 24 | | (5) is subject to or in violation of an | 25 | | "out-of-service" order ; or .
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| 1 | | (6) does not have a current CLP or CDL or a CLP or CDL | 2 | | with the proper class or endorsements. An employer may not | 3 | | use a driver to operate a CMV who violates any restriction | 4 | | on the driver's CLP or CDL. | 5 | | (b) No employer or commercial motor vehicle owner shall
| 6 | | knowingly allow,
permit, authorize, or require a driver to | 7 | | operate a commercial motor vehicle in
violation of any law or | 8 | | regulation pertaining to railroad-highway grade
crossings.
| 9 | | (b-3) No employer or commercial motor vehicle owner shall | 10 | | knowingly allow, permit, authorize, or require a driver to | 11 | | operate a commercial motor vehicle during any period in which | 12 | | the commercial motor vehicle is subject to an "out-of-service" | 13 | | order. | 14 | | (b-5) No employer or commercial motor vehicle owner shall | 15 | | knowingly allow, permit, authorize, or require a driver to | 16 | | operate a commercial motor vehicle during any period in which | 17 | | the motor carrier operation is subject to an "out-of-service" | 18 | | order.
| 19 | | (c) Any employer convicted of violating subsection (a), | 20 | | (b-3), or (b-5) of this
Section, whether
individually or
in | 21 | | connection with one or more other persons, or as principal | 22 | | agent, or
accessory, shall be guilty of a Class A misdemeanor.
| 23 | | (Source: P.A. 95-382, eff. 8-23-07.)
| 24 | | (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| 25 | | Sec. 6-507. Commercial Driver's License (CDL) or |
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| 1 | | Commercial Learner's Permit (CLP) Required.
| 2 | | (a) Except as expressly permitted by this UCDLA, or when | 3 | | driving
pursuant to the issuance of a commercial learner's | 4 | | driver instruction permit and
accompanied by the holder of a | 5 | | CDL valid for the vehicle being driven; no
person shall drive a | 6 | | commercial motor vehicle on the highways without: | 7 | | (1) a CDL in the driver's possession; | 8 | | (2) having obtained a CLP or CDL; | 9 | | (3) the proper class of CLP or CDL or endorsements or | 10 | | both for the specific vehicle group being operated or for | 11 | | the passengers or type of cargo being transported; or
| 12 | | (4) a copy of a medical variance document, if one | 13 | | exists, such as an exemption letter or a skill performance | 14 | | evaluation certificate. | 15 | | (a-5) A CLP or CDL holder whose CLP or CDL is held by this | 16 | | State or any other state in the course of enforcement of a | 17 | | motor vehicle traffic code and who has not been convicted of a | 18 | | disqualifying offense under 49 C.F.R. 383.51 based on this | 19 | | enforcement, may drive a CMV while holding a dated receipt for | 20 | | the CLP or CDL. | 21 | | (b) Except as otherwise provided by this Code, no person | 22 | | may drive a
commercial motor vehicle on the highways while such | 23 | | person's driving
privilege, license, or permit is:
| 24 | | (1) Suspended, revoked, cancelled, or subject to
| 25 | | disqualification. Any person convicted of violating this | 26 | | provision or a
similar provision of this or any other state |
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| 1 | | shall have their driving
privileges revoked under | 2 | | paragraph 12 of subsection (a) of Section 6-205 of
this | 3 | | Code.
| 4 | | (2) Subject to or in violation of an "out-of-service"
| 5 | | order. Any person who has been issued a CLP or CDL and is | 6 | | convicted of violating
this provision or a similar | 7 | | provision of any other state shall be disqualified
from | 8 | | operating a commercial motor vehicle under subsection (i) | 9 | | of Section 6-514
of this Code.
| 10 | | (3) Subject to or in violation of a driver or vehicle | 11 | | "out of service" order while operating a vehicle designed | 12 | | to transport 16 or more passengers, including the driver, | 13 | | or transporting hazardous materials required to be | 14 | | placarded. Any person who has been
issued a CLP or CDL and | 15 | | is convicted of violating this provision or a similar
| 16 | | provision of this or any other state shall be disqualified | 17 | | from operating a
commercial motor vehicle under subsection | 18 | | (i) of Section 6-514 of this Code.
| 19 | | (b-3) Except as otherwise provided by this Code, no person | 20 | | may drive a commercial motor vehicle on the highways during a | 21 | | period which the commercial motor vehicle or the motor carrier | 22 | | operation is subject to an "out-of-service" order. Any person | 23 | | who is convicted of violating this provision or a similar | 24 | | provision of any other state shall be disqualified from | 25 | | operating a commercial motor vehicle under subsection (i) of | 26 | | Section 6-514 of this Code. |
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| 1 | | (b-5) Except as otherwise provided by this Code, no person | 2 | | may operate a vehicle designed to transport 16 or more | 3 | | passengers including the driver or hazardous materials of a | 4 | | type or quantity that requires the vehicle to be placarded | 5 | | during a period in which the commercial motor vehicle or the | 6 | | motor carrier operation is subject to an "out-of-service" | 7 | | order. Any person who is convicted of violating this provision | 8 | | or a similar provision of any other state shall be disqualified | 9 | | from operating a commercial motor vehicle under subsection (i) | 10 | | of Section 6-514 of this Code.
| 11 | | (c) Pursuant to the options provided to the States by FHWA | 12 | | Docket No.
MC-88-8, the driver of any motor vehicle controlled | 13 | | or operated by or for a
farmer is waived from the requirements | 14 | | of this Section, when such motor
vehicle is being used to | 15 | | transport: agricultural products; implements of
husbandry; or | 16 | | farm supplies; to and from a farm, as long as such movement is | 17 | | not over 150 air
miles from the originating farm. This waiver | 18 | | does not apply to
the driver of any motor vehicle
being used in | 19 | | a common or contract carrier type operation.
However, for those | 20 | | drivers of any truck-tractor
semitrailer combination or | 21 | | combinations registered under subsection (c) of
Section 3-815 | 22 | | of this Code, this waiver shall apply only when the
driver is a | 23 | | farmer or a member of the farmer's family and the driver is 21
| 24 | | years
of age or more and has successfully completed any
tests | 25 | | the Secretary of State deems necessary.
| 26 | | In addition, the farmer or a member of the farmer's family |
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| 1 | | who operates a
truck-tractor semitrailer combination or | 2 | | combinations pursuant to this waiver
shall be granted all of | 3 | | the rights and shall be subject to all of the duties
and | 4 | | restrictions with respect to Sections 6-514 and 6-515 of this | 5 | | Code
applicable to the driver who possesses a commercial | 6 | | driver's license issued
under this Code, except that the driver | 7 | | shall not be subject to any additional
duties or restrictions | 8 | | contained
in Part 382 of the Federal Motor Carrier Safety | 9 | | Regulations that are
not otherwise imposed under Section 6-514 | 10 | | or 6-515 of this Code.
| 11 | | For purposes of this subsection (c), a member of the | 12 | | farmer's family is a
natural or in-law spouse, child, parent, | 13 | | or sibling.
| 14 | | (c-5) An employee of a township or road district with a | 15 | | population of
less
than 3,000 operating a vehicle within the | 16 | | boundaries of the township or road
district for the purpose of | 17 | | removing snow or ice from a roadway by plowing,
sanding, or | 18 | | salting is waived from the requirements of this Section when | 19 | | the
employee is needed to operate the vehicle because the | 20 | | employee of the township
or road district who ordinarily | 21 | | operates the vehicle and who has a commercial
driver's license | 22 | | is unable to operate the vehicle or is in need of additional
| 23 | | assistance due to a snow emergency.
| 24 | | (c-10) A driver of a commercial motor vehicle used | 25 | | primarily in the transportation of propane winter heating fuel | 26 | | or a driver of a motor vehicle used to respond to a pipeline |
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| 1 | | emergency is waived from the requirements of this Section if | 2 | | such requirements would prevent the driver from responding to | 3 | | an emergency condition requiring immediate response as defined | 4 | | in 49 C.F.R. Part 390.5. | 5 | | (d) Any person convicted of violating this Section, shall | 6 | | be guilty of a
Class A misdemeanor.
| 7 | | (e) Any person convicted of violating paragraph (1) of | 8 | | subsection (b) of this Section,
shall have all driving | 9 | | privileges revoked by the Secretary of State.
| 10 | | (f) This Section shall not apply to:
| 11 | | (1) A person who currently holds a valid Illinois | 12 | | driver's license,
for the type of vehicle being operated, | 13 | | until the expiration of such
license or April 1, 1992, | 14 | | whichever is earlier; or
| 15 | | (2) A non-Illinois domiciliary who is properly | 16 | | licensed in another
State, until April 1, 1992. A | 17 | | non-Illinois domiciliary, if such
domiciliary is properly | 18 | | licensed in another State or foreign jurisdiction,
until | 19 | | April 1, 1992.
| 20 | | (Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229, | 21 | | eff. 7-28-11; 97-813, eff. 7-13-12.)
| 22 | | (625 ILCS 5/6-507.5 new) | 23 | | Sec. 6-507.5. Application for Commercial Learner's Permit | 24 | | (CLP). | 25 | | (a) The application for a CLP must include, but is not |
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| 1 | | limited to, the following: | 2 | | (1) the driver applicant's full legal name and current | 3 | | Illinois domiciliary address, unless the driver applicant | 4 | | is from a foreign country and is applying for a | 5 | | non-domiciled CLP in which case the driver applicant shall | 6 | | submit proof of Illinois residency or the driver applicant | 7 | | is from another state and is applying for a non-domiciled | 8 | | CLP in which case the driver applicant shall submit proof | 9 | | of domicile in the state which issued the driver | 10 | | applicant's Non-CDL; | 11 | | (2) a physical description of the driver applicant | 12 | | including gender, height, weight, color of eyes, and hair | 13 | | color; | 14 | | (3) date of birth; | 15 | | (4) the driver applicant's social security number; | 16 | | (5) the driver applicant's signature; | 17 | | (6) the names of all states where the driver applicant | 18 | | has previously been licensed to drive any type of motor | 19 | | vehicle during the previous 10 years under 49 C.F.R. Part | 20 | | 383; | 21 | | (7) proof of citizenship or lawful permanent residency | 22 | | as set forth in Table 1 of 49 C.F.R. 383.71, unless the | 23 | | driver applicant is from a foreign country and is applying | 24 | | for a non-domiciled CLP, in which case the applicant must | 25 | | provide an unexpired employment authorization document | 26 | | (EAD) issued by USCIS or an unexpired foreign passport |
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| 1 | | accompanied by an approved I-94 form documenting the | 2 | | applicant's most recent admittance into the United States; | 3 | | and | 4 | | (8) any other information required by the Secretary of | 5 | | State. | 6 | | (b) No CLP shall be issued to a driver applicant unless the | 7 | | applicant has taken and passed a general knowledge test that | 8 | | meets the federal standards contained in 49 C.F.R. Part 383, | 9 | | subparts F, G, and H for the commercial motor vehicle the | 10 | | applicant expects to operate. | 11 | | (c) No CLP shall be issued to a driver applicant unless the | 12 | | applicant possesses a valid Illinois driver's license or if the | 13 | | applicant is applying for a non-domiciled CLP under subsection | 14 | | (b) of Section 6-509 of this Code, in which case the driver | 15 | | applicant must possess a valid driver's license from his or her | 16 | | state of domicile. | 17 | | (d) No CLP shall be issued to a person under 18 years of | 18 | | age. | 19 | | (e) No person shall be issued a CLP unless the person | 20 | | certifies to the Secretary one of the following types of | 21 | | driving operations in which he or she will be engaged: | 22 | | (1) non-excepted interstate; | 23 | | (2) non-excepted intrastate; | 24 | | (3) excepted interstate; or | 25 | | (4) excepted intrastate. | 26 | | (f) No person shall be issued a CLP unless the person |
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| 1 | | certifies to the Secretary that he or she is not subject to any | 2 | | disqualification under 49 C.F.R. 383.51, or any license | 3 | | disqualification under State law, and that he or she does not | 4 | | have a driver's license from more than one state or | 5 | | jurisdiction. | 6 | | (g) No CLP shall be issued to a person while the person is | 7 | | subject to a disqualification from driving a commercial motor | 8 | | vehicle, unless otherwise permitted by this Code, while the | 9 | | person's driver's license is suspended, revoked, or cancelled | 10 | | in any state, or any territory or province of Canada; nor may a | 11 | | CLP be issued to a person who has a CLP or CDL issued by any | 12 | | other state or foreign jurisdiction, unless the person | 13 | | surrenders all of these licenses. No CLP shall be issued to or | 14 | | renewed for a person who does not meet the requirement of 49 | 15 | | C.F.R. 391.41(b)(11). The requirement may be met with the aid | 16 | | of a hearing aid. | 17 | | (h) No CLP with a Passenger, School Bus or Tank Vehicle | 18 | | endorsement shall be issued to a person unless the driver | 19 | | applicant has taken and passed the knowledge test for each | 20 | | endorsement. | 21 | | (1) A CLP holder with a Passenger (P) endorsement is | 22 | | prohibited from operating a CMV carrying passengers, other | 23 | | than federal or State auditors and inspectors, test | 24 | | examiners, or other trainees, and the CDL holder | 25 | | accompanying the CLP holder as prescribed by subsection (a) | 26 | | of Section 6-507 of this Code. The P endorsement must be |
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| 1 | | class specific. | 2 | | (2) A CLP holder with a School Bus (S) endorsement is | 3 | | prohibited from operating a school bus with passengers | 4 | | other than federal or State auditors and inspectors, test | 5 | | examiners, or other trainees, and the CDL holder | 6 | | accompanying the CLP holder as prescribed by subsection (a) | 7 | | of Section 6-507 of this Code. | 8 | | (3) A CLP holder with a Tank Vehicle (N) endorsement | 9 | | may only operate an empty tank vehicle and is prohibited | 10 | | from operating any tank vehicle that previously contained | 11 | | hazardous material that has not been purged of all residue. | 12 | | (4) All other federal endorsements are prohibited on a | 13 | | CLP. | 14 | | (i) No CLP holder may operate a commercial motor vehicle | 15 | | transporting hazardous material as defined in paragraph (20) of | 16 | | Section 6-500 of this Code. | 17 | | (j) The CLP holder must be accompanied by the holder of a | 18 | | valid CDL who has the proper CDL group and endorsement | 19 | | necessary to operate the CMV. The CDL holder must at all times | 20 | | be physically present in the front seat of the vehicle next to | 21 | | the CLP holder or, in the case of a passenger vehicle, directly | 22 | | behind or in the first row behind the driver and must have the | 23 | | CLP holder under observation and direct supervision. | 24 | | (k) A CLP is valid for 180 days from the date of issuance. | 25 | | A CLP may be renewed for an additional 180 days without | 26 | | requiring the CLP holder to retake the general and endorsement |
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| 1 | | knowledge tests. | 2 | | (l) A CLP issued prior to July 1, 2014 for a limited time | 3 | | period according to state requirements, shall be considered a | 4 | | valid commercial driver's license for purposes of | 5 | | behind-the-wheel training on public roads or highways. | 6 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 7 | | Sec. 6-508. Commercial Driver's License (CDL) - | 8 | | qualification standards.
| 9 | | (a) Testing.
| 10 | | (1) General. No person shall be issued an original or | 11 | | renewal CDL
unless that person is
domiciled in this State | 12 | | or is applying for a non-domiciled CDL under Sections 6-509 | 13 | | and 6-510 of this Code . The Secretary shall cause to be | 14 | | administered such
tests as the Secretary deems necessary to | 15 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | 16 | | H, and J.
| 17 | | (1.5) Effective July 1, 2014, no person shall be issued | 18 | | an original CDL or an upgraded CDL that requires a skills | 19 | | test unless that person has held a CLP, for a minimum of 14 | 20 | | calendar days, for the classification of vehicle and | 21 | | endorsement, if any, for which the person is seeking a CDL. | 22 | | (2) Third party testing. The Secretary of state may | 23 | | authorize a
"third party tester", pursuant to 49 C.F.R. | 24 | | Part 383.75 and 49 C.F.R. 384.228 and 384.229 , to | 25 | | administer the
skills test or tests specified by Federal |
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| 1 | | Motor Carrier Safety
Administration pursuant to the
| 2 | | Commercial Motor Vehicle Safety Act of 1986 and any | 3 | | appropriate federal rule.
| 4 | | (b) Waiver of Skills Test. The Secretary of State may waive | 5 | | the skills
test specified in this Section for a driver | 6 | | applicant for a commercial driver license
who meets the | 7 | | requirements of 49 C.F.R. Part 383.77 and Part 383.123 .
| 8 | | (b-1) No person shall be issued a commercial driver | 9 | | instruction permit or CDL unless the person certifies to the | 10 | | Secretary one of the following types of driving operations in | 11 | | which he or she will be engaged: | 12 | | (1) non-excepted interstate; | 13 | | (2) non-excepted intrastate; | 14 | | (3) excepted interstate; or | 15 | | (4) excepted intrastate. | 16 | | (b-2) (Blank). Persons who hold a commercial driver | 17 | | instruction permit or CDL on January 30, 2012 must certify to | 18 | | the Secretary no later than January 30, 2014 one of the | 19 | | following applicable self-certifications: | 20 | | (1) non-excepted interstate; | 21 | | (2) non-excepted intrastate; | 22 | | (3) excepted interstate; or | 23 | | (4) excepted intrastate. | 24 | | (c) Limitations on issuance of a CDL. A CDL , or a | 25 | | commercial driver
instruction permit, shall not be issued to a | 26 | | person while the person is
subject to a disqualification from |
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| 1 | | driving a commercial motor vehicle, or
unless otherwise | 2 | | permitted by this Code, while the person's driver's
license is | 3 | | suspended, revoked or cancelled in
any state, or any territory | 4 | | or province of Canada; nor may a CLP or CDL be issued
to a | 5 | | person who has a CLP or CDL issued by any other state, or | 6 | | foreign
jurisdiction, nor may a CDL be issued to a person who | 7 | | has an Illinois CLP unless the person first surrenders all of | 8 | | these such
licenses or permits . However, a person may hold an | 9 | | Illinois CLP and an Illinois CDL providing the CLP is necessary | 10 | | to train or practice for an endorsement or vehicle | 11 | | classification not present on the current CDL. No CDL shall be | 12 | | issued to or renewed for a person who does not
meet the | 13 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met | 14 | | with
the aid of a hearing aid.
| 15 | | (c-1) The Secretary may issue a CDL with a school bus | 16 | | driver endorsement
to allow a person to drive the type of bus | 17 | | described in subsection (d-5) of
Section 6-104 of this Code. | 18 | | The CDL with a school bus driver endorsement may be
issued only | 19 | | to a person meeting the following requirements:
| 20 | | (1) the person has submitted his or her fingerprints to | 21 | | the
Department of State Police in the form and manner
| 22 | | prescribed by the Department of State Police. These
| 23 | | fingerprints shall be checked against the fingerprint | 24 | | records
now and hereafter filed in the Department of State | 25 | | Police and
Federal Bureau of Investigation criminal | 26 | | history records databases;
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| 1 | | (2) the person has passed a written test, administered | 2 | | by the Secretary of
State, on charter bus operation, | 3 | | charter bus safety, and certain special
traffic laws
| 4 | | relating to school buses determined by the Secretary of | 5 | | State to be relevant to
charter buses, and submitted to a | 6 | | review of the driver applicant's driving
habits by the | 7 | | Secretary of State at the time the written test is given;
| 8 | | (3) the person has demonstrated physical fitness to | 9 | | operate school buses
by
submitting the results of a medical | 10 | | examination, including tests for drug
use; and
| 11 | | (4) the person has not been convicted of committing or | 12 | | attempting
to commit any
one or more of the following | 13 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 14 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 15 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 16 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 17 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 18 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 19 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 20 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 21 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | 22 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | 23 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 24 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | 25 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | 26 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
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| 1 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 2 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | 3 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | 4 | | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | 5 | | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | 6 | | Section 12-3.05, and in subsection (a) and subsection (b), | 7 | | clause (1), of Section
12-4, and in subsection (A), clauses | 8 | | (a) and (b), of Section 24-3, and those offenses contained | 9 | | in Article 29D of the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012; (ii) those offenses defined in the
Cannabis | 11 | | Control Act except those offenses defined in subsections | 12 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 | 13 | | of the Cannabis Control
Act; (iii) those offenses defined | 14 | | in the Illinois Controlled Substances
Act; (iv) those | 15 | | offenses defined in the Methamphetamine Control and | 16 | | Community Protection Act; (v) any offense committed or | 17 | | attempted in any other state or against
the laws of the | 18 | | United States, which if committed or attempted in this
| 19 | | State would be punishable as one or more of the foregoing | 20 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | 21 | | of the Wrongs to Children Act or Section 11-9.1A of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | 23 | | those offenses defined in Section 6-16 of the Liquor | 24 | | Control Act of
1934; and (viii) those offenses defined in | 25 | | the Methamphetamine Precursor Control Act.
| 26 | | The Department of State Police shall charge
a fee for |
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| 1 | | conducting the criminal history records check, which shall be
| 2 | | deposited into the State Police Services Fund and may not | 3 | | exceed the actual
cost of the records check.
| 4 | | (c-2) The Secretary shall issue a CDL with a school bus | 5 | | endorsement to allow a person to drive a school bus as defined | 6 | | in this Section. The CDL shall be issued according to the | 7 | | requirements outlined in 49 C.F.R. 383. A person may not | 8 | | operate a school bus as defined in this Section without a | 9 | | school bus endorsement. The Secretary of State may adopt rules | 10 | | consistent with Federal guidelines to implement this | 11 | | subsection (c-2).
| 12 | | (d) (Blank). Commercial driver instruction permit. A | 13 | | commercial driver
instruction permit may be issued to any | 14 | | person holding a valid Illinois
driver's license if such person | 15 | | successfully passes such tests as the
Secretary determines to | 16 | | be necessary.
A commercial driver instruction permit shall not | 17 | | be issued to a person who
does not meet
the requirements of 49 | 18 | | CFR 391.41 (b)(11), except for the renewal of a
commercial | 19 | | driver
instruction permit for a person who possesses a | 20 | | commercial instruction permit
prior to the
effective date of | 21 | | this amendatory Act of 1999.
| 22 | | (Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1, | 23 | | Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff. | 24 | | 7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | 25 | | eff. 1-1-13; 97-1150, eff. 1-25-13.) |
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| 1 | | (625 ILCS 5/6-508.1) | 2 | | Sec. 6-508.1. Medical Examiner's Certificate. | 3 | | (a) It shall be unlawful for any person to drive a CMV in | 4 | | non-excepted interstate commerce unless the person holds a CLP | 5 | | or CDL and is medically certified as physically qualified to do | 6 | | so. | 7 | | (b) No person who has certified to non-excepted interstate | 8 | | driving as provided in Sections 6-507.5 and Section 6-508 of | 9 | | this Code shall be issued a commercial learner's driver | 10 | | instruction permit or CDL unless that person presents to the | 11 | | Secretary a medical examiner's certificate or has a current | 12 | | medical examiner's certificate on the CDLIS driver record. | 13 | | (c) Persons who hold a commercial driver instruction permit | 14 | | or CDL on January 30, 2012 who have certified as non-excepted | 15 | | interstate as provided in Section 6-508 of this Code must | 16 | | provide to the Secretary a medical examiner's certificate no | 17 | | later than January 30, 2014. | 18 | | (d) On and after As of January 30, 2014, all persons who | 19 | | hold a commercial driver instruction permit or CDL who have | 20 | | certified as non-excepted interstate shall maintain a current | 21 | | medical examiner's certificate on file with the Secretary. On | 22 | | and after July 1, 2014, all persons issued a CLP who have | 23 | | certified as non-excepted interstate shall maintain a current | 24 | | medical examiner's certificate on file with the Secretary. | 25 | | (e) Within 10 calendar days of receipt of a medical | 26 | | examiner's certificate of a driver who has certified as |
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| 1 | | non-excepted interstate, the Secretary shall post the | 2 | | following to the CDLIS driver record: | 3 | | (1) the medical examiner's name; | 4 | | (2) the medical examiner's telephone number; | 5 | | (3) the date of issuance of the medical examiner's | 6 | | certificate; | 7 | | (4) the medical examiner's license number and the state | 8 | | that issued it; | 9 | | (5) the medical certification status; | 10 | | (6) the expiration date of the medical examiner's | 11 | | certificate; | 12 | | (7) the existence of any medical variance on the | 13 | | medical examiner's certificate or grandfather provisions; | 14 | | (8) any restrictions noted on the medical examiner's | 15 | | certificate; and | 16 | | (9) the date the medical examiner's certificate | 17 | | information was posted to the CDLIS driver record. | 18 | | (f) Within 10 calendar days of the expiration or rescission | 19 | | of the driver's medical examiner's certificate or medical | 20 | | variance or both, the Secretary shall update the medical | 21 | | certification status to "not certified". | 22 | | (g) Within 10 calendar days of receipt of information from | 23 | | the Federal Motor Carrier Safety Administration regarding | 24 | | issuance or renewal of a medical variance, the Secretary shall | 25 | | update the CDLIS driver record to include the medical variance | 26 | | information provided by the Federal Motor Carrier Safety |
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| 1 | | Administration. | 2 | | (h) The Secretary shall notify the driver of his or her | 3 | | non-certified status and that his or her CDL will be canceled | 4 | | unless the driver submits a current medical examiner's | 5 | | certificate or medical variance or changes his or her | 6 | | self-certification to driving only in excepted or intrastate | 7 | | commerce. | 8 | | (i) Within 60 calendar days of a driver's medical | 9 | | certification status becoming non-certified, the Secretary | 10 | | shall cancel the CDL.
| 11 | | (Source: P.A. 97-208, eff. 1-1-12.)
| 12 | | (625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
| 13 | | Sec. 6-509. Non-domiciled commercial learner's permit and | 14 | | non-domiciled Non-resident commercial driver's license. | 15 | | (a) The Secretary
of State may issue a non-domiciled CLP or | 16 | | non-domiciled non-resident CDL to a domiciliary of a foreign
| 17 | | jurisdiction if the United States Secretary of Transportation | 18 | | has
determined that the commercial motor vehicle testing and | 19 | | licensing
standards, in that foreign jurisdiction, do not meet | 20 | | the testing standards
established in 49 C.F.R. Part 383. The | 21 | | Secretary of State may also issue a non-resident CDL to an | 22 | | individual domiciled in another state while that state is | 23 | | prohibited from issuing CDLs in accordance with 49 C.F.R. Part | 24 | | 384. A non-domiciled CLP or non-domiciled non-resident CDL | 25 | | shall be issued in accordance with the testing and licensing |
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| 1 | | standards contained in subparts F, G, and H of 49 C.F.R. Part | 2 | | 383. The word "Non-domiciled" "Non-resident" must appear on
the | 3 | | face of the non-domiciled CLP or non-domiciled non-resident | 4 | | CDL. A driver applicant must surrender any
non-domiciled CLP or | 5 | | non-domiciled non-resident CDL, license or permit issued by any | 6 | | other state.
| 7 | | (b) If an individual is domiciled in a state while that | 8 | | state is prohibited from issuing CDLs in accordance with 49 | 9 | | C.F.R. Part 384.405, that individual is eligible to obtain a | 10 | | non-domiciled CLP or non-domiciled non-resident CDL from any | 11 | | state that elects to issue a non-domiciled CLP or non-domiciled | 12 | | non-resident CDL and which complies with the testing and | 13 | | licensing standards contained in subparts F, G, and H of 49 | 14 | | C.F.R. Part 383.23.
"Non-domiciled" must appear on the face of | 15 | | the non-domiciled CLP or non-domiciled CDL. A driver applicant | 16 | | must surrender any non-domiciled CLP or non-domiciled CDL | 17 | | issued in any other state. | 18 | | (Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
| 19 | | (625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
| 20 | | Sec. 6-510. Application for Commercial Driver's License | 21 | | (CDL).
The application for a CDL or commercial driver | 22 | | instruction permit,
must include, but is not necessarily be | 23 | | limited to, the following:
| 24 | | (1) the driver applicant's full legal name and current | 25 | | Illinois domiciliary address ,
( unless the
driver applicant |
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| 1 | | is from a foreign country and is applying application is | 2 | | for a non-domiciled Non-resident CDL ) in which case the | 3 | | driver applicant shall submit proof of Illinois residency | 4 | | or the driver applicant is from another state and is | 5 | | applying for a non-domiciled CDL in which case the driver | 6 | | applicant shall submit proof of domicile in the state which | 7 | | issued the driver applicant's Non-CDL of the driver | 8 | | applicant ;
| 9 | | (2) a physical description of the driver applicant | 10 | | including gender sex , height,
weight, color of eyes , and | 11 | | hair color;
| 12 | | (3) date of birth;
| 13 | | (4) the driver applicant's social security number;
| 14 | | (5) the driver applicant's signature;
| 15 | | (6) certifications required by 49 C.F.R. Part 383.71; | 16 | | (6.1) the names of all states where the driver
| 17 | | applicant has previously been licensed to drive any type of | 18 | | motor vehicle during the previous 10 years pursuant to 49 | 19 | | C.F.R. Part 383; and
| 20 | | (6.2) proof of citizenship or lawful permanent | 21 | | residency as set forth in Table 1 of 49 C.F.R. 383.71, | 22 | | unless the driver applicant is from a foreign country and | 23 | | is applying for a non-domiciled CDL, in which case the | 24 | | applicant must provide an unexpired employment | 25 | | authorization document (EAD) issued by USCIS or an | 26 | | unexpired foreign passport accompanied by an approved I-94 |
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| 1 | | form documenting the applicant's most recent admittance | 2 | | into the United States; and | 3 | | (7) any other information required by the Secretary of | 4 | | State.
| 5 | | (Source: P.A. 97-263, eff. 8-5-11.)
| 6 | | (625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
| 7 | | Sec. 6-511. Change of legal name or domiciliary address.
| 8 | | (a) All persons to
whom a CLP or CDL has been issued, shall
| 9 | | notify the Driver Services Department of the
Secretary of
| 10 | | State's Office within 10 days of any change in
domiciliary | 11 | | address.
In addition, the such person shall make application | 12 | | for a corrected CLP or CDL within
30 days after the of any such | 13 | | change.
| 14 | | (b) Any person to whom a CLP or CDL has been issued whose | 15 | | legal name has changed
from the name on the previously-issued | 16 | | CLP or CDL shall apply for a corrected card
within 30 days | 17 | | after the change.
| 18 | | (Source: P.A. 93-895, eff. 1-1-05.)
| 19 | | (625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
| 20 | | Sec. 6-512.
Unlawful operation of a commercial motor | 21 | | vehicle
pursuant to a non-Illinois issued CLP or CDL. No | 22 | | person, after becoming a
domiciliary of this State for 30 days | 23 | | or
more, shall drive a commercial motor vehicle on the highways | 24 | | of this State
pursuant to the authority of a CLP or CDL issued |
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| 1 | | by any other State or foreign jurisdiction.
| 2 | | (Source: P.A. 86-845.)
| 3 | | (625 ILCS 5/6-512.5 new) | 4 | | Sec. 6-512.5. Commercial Learner's Permit or CLP. | 5 | | (a) The content of the CLP shall include, but is not | 6 | | limited to, the following: | 7 | | (1) A CLP shall be distinctly marked "Commercial | 8 | | Learner's Permit" or "CLP" and that it is invalid unless | 9 | | accompanied by the underlying driver's license issued by | 10 | | the State of Illinois; | 11 | | (2) the full legal name and the Illinois domiciliary | 12 | | address (unless it is a non-domiciled CLP) of the person to | 13 | | whom the CLP is issued; | 14 | | (3) a physical description of the person including | 15 | | gender, height, weight, color of eyes, and hair color; | 16 | | (4) date of birth; | 17 | | (5) the Illinois driver's license number assigned by | 18 | | the Secretary of State; | 19 | | (6) the person's signature; | 20 | | (7) an indicator showing that the CLP was issued by the | 21 | | State of Illinois; | 22 | | (8) the date of issuance and the date of expiration of | 23 | | the CLP; | 24 | | (9) the class or type of commercial vehicle or vehicles | 25 | | which the person is authorized to drive together with any |
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| 1 | | endorsement or restriction. | 2 | | (b) If the CLP is a non-domiciled CLP, it must contain the | 3 | | prominent statement that the permit is a "Non-domiciled | 4 | | Commercial Learner's Permit" or "Non-domiciled CLP". | 5 | | (c) Applicant Record Check. Prior to issuing, renewing, | 6 | | upgrading, or transferring a CLP, the Secretary of State shall | 7 | | obtain, review, and maintain upon issuance, renewal, upgrade, | 8 | | or transfer the driver applicant's driving record as required | 9 | | by 49 C.F.R. Parts 383 and 384 and the United States Secretary | 10 | | of Transportation. | 11 | | (d) Notification of Commercial Learner's Permit (CLP) | 12 | | Issuance and Self-Certification. Within 10 days after issuing a | 13 | | CLP, the Secretary of State must notify the Commercial Driver | 14 | | License Information System of that fact, and provide all | 15 | | information required to ensure identification of the person. | 16 | | The Secretary shall also post the driver's self-certification | 17 | | for the type of driving operations to the CDLIS driver record. | 18 | | (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
| 19 | | Sec. 6-513. Commercial Driver's License or CDL. The content | 20 | | of the CDL
shall include, but is not necessarily be limited to | 21 | | the following:
| 22 | | (a) A CDL shall be distinctly marked "Commercial Driver's | 23 | | License" or
"CDL". It must include, but is not necessarily be | 24 | | limited to, the following
information:
| 25 | | (1) the full legal name and the Illinois domiciliary |
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| 1 | | address (unless it is
a
non-domiciled Non-resident CDL) of | 2 | | the person to whom the CDL is issued;
| 3 | | (2) a the person's color photograph of the person ;
| 4 | | (3) a physical description of the person including | 5 | | gender sex , height, and
may include weight, color of eyes , | 6 | | and hair color;
| 7 | | (4) date of birth;
| 8 | | (5) a CDL or file number assigned by the Secretary of | 9 | | State;
| 10 | | (6) the person's signature;
| 11 | | (7) the class or type of commercial vehicle or vehicles | 12 | | which the
person is authorized to drive together with any | 13 | | endorsements or restrictions;
| 14 | | (8) the name of the issuing state;
| 15 | | (9) the issuance and expiration dates of the CDL; and
| 16 | | (10) the restriction code "V" if the driver has been | 17 | | issued a medical variance. | 18 | | (a-5) If the CDL is a non-domiciled CDL it must contain the | 19 | | prominent statement that the license is a "Non-domiciled | 20 | | Commercial Driver's License" or "Non-domiciled CDL". | 21 | | (b) Applicant Record Check.
| 22 | | Prior to issuing, renewing, upgrading, or transferring a | 23 | | CDL, the Secretary of State shall
obtain, review, and maintain | 24 | | upon issuance, renewal, upgrade, or transfer the driver
| 25 | | applicant's driving record as required by 49 C.F.R. Part 383 | 26 | | and Part 384
and the United States Secretary of Transportation.
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| 1 | | (c) Notification of Commercial Driver's License (CDL) | 2 | | Issuance and Self-Certification.
| 3 | | Within 10 days after issuing a CDL, the Secretary of State | 4 | | must notify
the Commercial Driver License Information System of | 5 | | that fact, and provide
all information required to ensure | 6 | | identification of the person.
The Secretary shall also post the | 7 | | driver's self-certification for the type of driving operations | 8 | | to the CDLIS driver record.
| 9 | | (c-5) Change in driver identification information. | 10 | | Within 10 days of any change of driver identification | 11 | | information on any CDL holder, the Secretary of State must | 12 | | notify the Commercial Driver License Information System of the | 13 | | change.
| 14 | | (d) Renewal.
| 15 | | Every person applying for a renewal of a CDL must complete | 16 | | the
appropriate application form required by this Code and any | 17 | | other test
deemed necessary by the Secretary.
| 18 | | (Source: P.A. 97-208, eff. 1-1-12.)
| 19 | | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| 20 | | Sec. 6-514. Commercial Driver's License (CDL) - | 21 | | Disqualifications.
| 22 | | (a) A person shall be disqualified from driving a | 23 | | commercial motor
vehicle for a period of not less than 12 | 24 | | months for the first violation of:
| 25 | | (1) Refusing to submit to or failure to complete a test |
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| 1 | | or tests to
determine the driver's blood concentration of | 2 | | alcohol, other drug, or both,
while driving a commercial | 3 | | motor vehicle or, if the driver is a CLP or CDL holder, | 4 | | while driving a non-CMV; or
| 5 | | (2) Operating a commercial motor vehicle while the | 6 | | alcohol
concentration of the person's blood, breath or | 7 | | urine is at least 0.04, or any
amount of a drug, substance, | 8 | | or compound in the person's blood or urine
resulting from | 9 | | the unlawful use or consumption of cannabis listed in the
| 10 | | Cannabis Control Act, a controlled substance listed in the | 11 | | Illinois
Controlled Substances Act, or methamphetamine as | 12 | | listed in the Methamphetamine Control and Community | 13 | | Protection Act as indicated by a police officer's sworn | 14 | | report or
other verified evidence; or operating a | 15 | | non-commercial motor vehicle while the alcohol | 16 | | concentration of the person's blood, breath, or urine was | 17 | | above the legal limit defined in Section 11-501.1 or | 18 | | 11-501.8 or any amount of a drug, substance, or compound in | 19 | | the person's blood or urine resulting from the unlawful use | 20 | | or consumption of cannabis listed in the Cannabis Control | 21 | | Act, a controlled substance listed in the Illinois | 22 | | Controlled Substances Act, or methamphetamine as listed in | 23 | | the Methamphetamine Control and Community Protection Act
| 24 | | as indicated by a police officer's sworn report or other | 25 | | verified evidence while holding a CLP or CDL commercial | 26 | | driver's license ; or
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| 1 | | (3) Conviction for a first violation of:
| 2 | | (i) Driving a commercial motor vehicle or, if the | 3 | | driver is a CLP or CDL holder, driving a non-CMV while | 4 | | under the influence of
alcohol, or any other drug, or | 5 | | combination of drugs to a degree which
renders such | 6 | | person incapable of safely driving; or
| 7 | | (ii) Knowingly leaving the scene of an accident | 8 | | while
operating a commercial motor vehicle or, if the | 9 | | driver is a CLP or CDL holder, while driving a non-CMV; | 10 | | or
| 11 | | (iii) Driving a commercial motor vehicle or, if the | 12 | | driver is a CLP or CDL holder, driving a non-CMV while | 13 | | committing any felony; or | 14 | | (iv) Driving a commercial motor vehicle while the | 15 | | person's driving privileges or driver's license or | 16 | | permit is revoked, suspended, or cancelled or the | 17 | | driver is disqualified from operating a commercial | 18 | | motor vehicle; or | 19 | | (v) Causing a fatality through the negligent | 20 | | operation of a commercial motor vehicle, including but | 21 | | not limited to the crimes of motor vehicle | 22 | | manslaughter, homicide by a motor vehicle, and | 23 | | negligent homicide. | 24 | | As used in this subdivision (a)(3)(v), "motor | 25 | | vehicle manslaughter" means the offense of involuntary | 26 | | manslaughter if committed by means of a vehicle; |
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| 1 | | "homicide by a motor vehicle" means the offense of | 2 | | first degree murder or second degree murder, if either | 3 | | offense is committed by means of a vehicle; and | 4 | | "negligent homicide" means reckless homicide under | 5 | | Section 9-3 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012 and aggravated driving under the | 7 | | influence of alcohol, other drug or drugs, | 8 | | intoxicating compound or compounds, or any combination | 9 | | thereof under subdivision (d)(1)(F) of Section 11-501 | 10 | | of this Code.
| 11 | | If any of the above violations or refusals occurred | 12 | | while
transporting hazardous material(s) required to be | 13 | | placarded, the person
shall be disqualified for a period of | 14 | | not less than 3 years.
| 15 | | (b) A person is disqualified for life for a second | 16 | | conviction of any of
the offenses specified in paragraph (a), | 17 | | or any combination of those
offenses, arising from 2 or more | 18 | | separate incidents.
| 19 | | (c) A person is disqualified from driving a commercial | 20 | | motor vehicle for
life if the person either (i) uses a | 21 | | commercial motor vehicle in the commission of any felony
| 22 | | involving the manufacture, distribution, or dispensing of a | 23 | | controlled
substance, or possession with intent to | 24 | | manufacture, distribute or dispense
a controlled substance or | 25 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | 26 | | commission of a felony involving any of those activities.
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| 1 | | (d) The Secretary of State may, when the United States | 2 | | Secretary of
Transportation so authorizes, issue regulations | 3 | | in which a disqualification
for life under paragraph (b) may be | 4 | | reduced to a period of not less than 10
years.
If a reinstated | 5 | | driver is subsequently convicted of another disqualifying
| 6 | | offense, as specified in subsection (a) of this Section, he or | 7 | | she shall be
permanently disqualified for life and shall be | 8 | | ineligible to again apply for a
reduction of the lifetime | 9 | | disqualification.
| 10 | | (e) A person is disqualified from driving a commercial | 11 | | motor vehicle for
a period of not less than 2 months if | 12 | | convicted of 2 serious traffic
violations, committed in a | 13 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 14 | | or any combination thereof, arising from separate
incidents, | 15 | | occurring within a 3 year period, provided the serious traffic | 16 | | violation committed in a non-CMV would result in the suspension | 17 | | or revocation of the CLP or CDL holder's non-CMV privileges. | 18 | | However, a person will be
disqualified from driving a | 19 | | commercial motor vehicle for a period of not less
than 4 months | 20 | | if convicted of 3 serious traffic violations, committed in a
| 21 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 22 | | or any combination thereof, arising from separate incidents, | 23 | | occurring within a 3
year period, provided the serious traffic | 24 | | violation committed in a non-CMV would result in the suspension | 25 | | or revocation of the CLP or CDL holder's non-CMV privileges. If | 26 | | all the convictions occurred in a non-CMV, the disqualification |
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| 1 | | shall be entered only if the convictions would result in the | 2 | | suspension or revocation of the CLP or CDL holder's non-CMV | 3 | | privileges.
| 4 | | (e-1) (Blank).
| 5 | | (f) Notwithstanding any other provision of this Code, any | 6 | | driver
disqualified from operating a commercial motor vehicle, | 7 | | pursuant to this
UCDLA, shall not be eligible for restoration | 8 | | of commercial driving
privileges during any such period of | 9 | | disqualification.
| 10 | | (g) After suspending, revoking, or cancelling a CLP or CDL | 11 | | commercial driver's
license , the Secretary of State must update | 12 | | the driver's records to reflect
such action within 10 days. | 13 | | After suspending or revoking the driving privilege
of any | 14 | | person who has been issued a CLP or CDL or commercial driver | 15 | | instruction permit
from another jurisdiction, the Secretary | 16 | | shall originate notification to
such issuing jurisdiction | 17 | | within 10 days.
| 18 | | (h) The "disqualifications" referred to in this Section | 19 | | shall not be
imposed upon any commercial motor vehicle driver, | 20 | | by the Secretary of
State, unless the prohibited action(s) | 21 | | occurred after March 31, 1992.
| 22 | | (i) A person is disqualified from driving a commercial | 23 | | motor vehicle in
accordance with the following:
| 24 | | (1) For 6 months upon a first conviction of paragraph | 25 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 26 | | of this Code.
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| 1 | | (2) For 2 years upon a second conviction of paragraph | 2 | | (2) of subsection
(b) or subsection (b-3) or any | 3 | | combination of paragraphs (2) or (3) of subsection (b) or | 4 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 5 | | within a 10-year period if the second conviction is a | 6 | | violation of paragraph (2) of subsection (b) or subsection | 7 | | (b-3).
| 8 | | (3) For 3 years upon a third or subsequent conviction | 9 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 10 | | any combination of paragraphs (2) or (3) of subsection (b) | 11 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 12 | | within a 10-year period if the third or subsequent | 13 | | conviction is a violation of paragraph (2) of subsection | 14 | | (b) or subsection (b-3).
| 15 | | (4) For one year upon a first conviction of paragraph | 16 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 17 | | of this Code.
| 18 | | (5) For 3 years upon a second conviction of paragraph | 19 | | (3) of subsection
(b) or subsection (b-5) or any | 20 | | combination of paragraphs (2) or (3) of subsection (b) or | 21 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 22 | | within a 10-year period if the second conviction is a | 23 | | violation of paragraph (3) of subsection (b) or (b-5).
| 24 | | (6) For 5 years upon a third or subsequent conviction | 25 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 26 | | any combination of paragraphs (2) or (3) of subsection (b) |
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| 1 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 2 | | within a 10-year period if the third or subsequent | 3 | | conviction is a violation of paragraph (3) of subsection | 4 | | (b) or (b-5).
| 5 | | (j) Disqualification for railroad-highway grade crossing
| 6 | | violation.
| 7 | | (1) General rule. A driver who is convicted of a | 8 | | violation of a federal,
State, or
local law or regulation | 9 | | pertaining to
one of the following 6 offenses at a | 10 | | railroad-highway grade crossing must be
disqualified
from | 11 | | operating a commercial motor vehicle for the period of time | 12 | | specified in
paragraph (2) of this subsection (j) if the | 13 | | offense was committed while
operating a commercial motor | 14 | | vehicle:
| 15 | | (i) For drivers who are not required to always | 16 | | stop, failing to
slow down and check that the tracks | 17 | | are clear of an approaching train or railroad track | 18 | | equipment, as
described in subsection (a-5) of Section | 19 | | 11-1201 of this Code;
| 20 | | (ii) For drivers who are not required to always | 21 | | stop, failing to
stop before reaching the crossing, if | 22 | | the tracks are not clear, as described in
subsection | 23 | | (a) of Section 11-1201 of this Code;
| 24 | | (iii) For drivers who are always required to stop, | 25 | | failing to stop
before driving onto the crossing, as | 26 | | described in Section 11-1202 of this Code;
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| 1 | | (iv) For all drivers, failing to have sufficient | 2 | | space to drive
completely through the crossing without | 3 | | stopping, as described in subsection
(b) of Section | 4 | | 11-1425 of this Code;
| 5 | | (v) For all drivers, failing to obey a traffic | 6 | | control device or
the directions of an enforcement | 7 | | official at the crossing, as described in
subdivision | 8 | | (a)2 of Section 11-1201 of this Code;
| 9 | | (vi) For all drivers, failing to negotiate a | 10 | | crossing because of
insufficient undercarriage | 11 | | clearance, as described in subsection (d-1) of
Section | 12 | | 11-1201 of this Code.
| 13 | | (2) Duration of disqualification for railroad-highway | 14 | | grade
crossing violation.
| 15 | | (i) First violation. A driver must be disqualified | 16 | | from operating a
commercial motor vehicle
for not less | 17 | | than 60 days if the driver is convicted of a violation | 18 | | described
in paragraph
(1) of this subsection (j) and, | 19 | | in the three-year period preceding the
conviction, the | 20 | | driver
had no convictions for a violation described in | 21 | | paragraph (1) of this
subsection (j).
| 22 | | (ii) Second violation. A driver must be | 23 | | disqualified from operating a
commercial
motor vehicle
| 24 | | for not less
than 120 days if the driver is convicted
| 25 | | of a violation described in paragraph (1) of this | 26 | | subsection (j) and, in the
three-year
period preceding |
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| 1 | | the conviction, the driver had one other conviction for | 2 | | a
violation
described in paragraph (1) of this | 3 | | subsection (j) that was committed in a
separate
| 4 | | incident.
| 5 | | (iii) Third or subsequent violation. A driver must | 6 | | be disqualified from
operating a
commercial motor | 7 | | vehicle
for not less than one year if the driver is | 8 | | convicted
of a violation described in paragraph (1) of | 9 | | this subsection (j) and, in the
three-year
period | 10 | | preceding the conviction, the driver had 2 or more | 11 | | other convictions for
violations
described in | 12 | | paragraph (1) of this subsection (j) that were | 13 | | committed in
separate incidents.
| 14 | | (k) Upon notification of a disqualification of a driver's | 15 | | commercial motor vehicle privileges imposed by the U.S. | 16 | | Department of Transportation, Federal Motor Carrier Safety | 17 | | Administration, in accordance with 49 C.F.R. 383.52, the | 18 | | Secretary of State shall immediately record to the driving | 19 | | record the notice of disqualification and confirm to the driver | 20 | | the action that has been taken.
| 21 | | (Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10; | 22 | | 96-1244, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1150, eff. | 23 | | 1-25-13.)
| 24 | | (625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
| 25 | | Sec. 6-518. Notification of Traffic Convictions. |
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| 1 | | (a) Within 5 days after
receiving a report of an Illinois | 2 | | conviction, or other verified evidence,
of any driver who has | 3 | | been issued a CLP or CDL by another State, for a violation
of | 4 | | any law or local ordinance of this State, relating to motor
| 5 | | vehicle traffic control, other than parking violations, | 6 | | committed in any motor vehicle, the Secretary of State must | 7 | | notify the driver
licensing authority which issued such CLP or | 8 | | CDL of said conviction.
| 9 | | (b) Within 5 days after
receiving a report of an Illinois | 10 | | conviction, or other verified evidence,
of any driver from | 11 | | another state, for a violation
of any law or local ordinance of | 12 | | this State, relating to motor
vehicle traffic control, other | 13 | | than parking violations, committed in a commercial motor | 14 | | vehicle, the Secretary of State must notify the driver
| 15 | | licensing authority which issued the person's driver's license | 16 | | of the conviction.
| 17 | | (Source: P.A. 96-1080, eff. 7-16-10.)
| 18 | | (625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
| 19 | | Sec. 6-523. Reciprocity. | 20 | | (a) Notwithstanding any law to the contrary, a
person may | 21 | | drive a commercial motor vehicle in this State if the such | 22 | | person has
a valid CDL, non-domiciled CDL, CLP, or | 23 | | non-domiciled CLP commercial driver's license or CDL | 24 | | instruction permit issued by
another State or foreign | 25 | | jurisdiction as long as that such person has not been
an |
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| 1 | | established domiciliary of this State for 30 days or more.
| 2 | | (b) The Secretary of State shall give out of state | 3 | | convictions full
faith and credit and treat them for | 4 | | sanctioning purposes, under this UCDLA,
just as if they | 5 | | occurred in this State.
| 6 | | (c) A CLP or CDL issued by this State or any other state | 7 | | before the date on and after which the state is prohibited from | 8 | | issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid | 9 | | until its stated expiration date.
| 10 | | (Source: P.A. 94-307, eff. 9-30-05.)
| 11 | | (625 ILCS 5/6-704) (from Ch. 95 1/2, par. 6-704)
| 12 | | Sec. 6-704. Applications for New Licenses.
| 13 | | Upon application for a license to drive, the licensing | 14 | | authority in a
party state shall ascertain whether the | 15 | | applicant has ever held, or is the
holder of a license to drive | 16 | | issued by any other party state. The licensing
authority in the | 17 | | state where application is made shall not issue a license
to | 18 | | drive to the applicant if:
| 19 | | 1. The applicant has held such a license, but the same has | 20 | | been
suspended by reason, in whole or in part, of a violation | 21 | | and if such
suspension period has not terminated.
| 22 | | 2. The applicant has held such a license, but the same has | 23 | | been revoked
by reason, in whole or in part, of a violation and | 24 | | if such revocation has
not terminated, except that after the | 25 | | expiration of one year from the date
the license was revoked, |
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| 1 | | such person may make application for a new license
if permitted | 2 | | by law. The licensing authority may refuse to issue a license
| 3 | | to any such applicant if, after investigation, the licensing | 4 | | authority
determines that it will not be safe to grant to such | 5 | | person the privilege
of driving a motor vehicle on the public | 6 | | highways.
| 7 | | 3. The applicant is the holder of a license to drive issued | 8 | | by another
party state and currently in force unless the | 9 | | applicant surrenders this such
license , except that if an | 10 | | applicant is applying only for a non-domiciled commercial | 11 | | learner's permit or non-domiciled commercial driver's license, | 12 | | the applicant is not required to surrender the license issued | 13 | | by the applicant's state or country of domicile .
| 14 | | (Source: P.A. 76-1615.)
| 15 | | (625 ILCS 5/1-111.5 rep.) | 16 | | Section 10. The Illinois Vehicle Code is amended by | 17 | | repealing Section 1-111.5. | 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2014. |
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