Full Text of HB3130 094th General Assembly
HB3130 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3130
Introduced 2/22/2005, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-514 |
from Ch. 95 1/2, par. 6-514 |
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Amends the Illinois Vehicle Code. Makes a technical change in a Section
concerning commercial driver's licenses.
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A BILL FOR
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HB3130 |
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LRB094 08504 DRH 38711 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-514 as follows:
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| (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
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| Sec. 6-514. Commercial Driver's License (CDL) - | 8 |
| Disqualifications.
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| (a) A person shall be disqualified from driving a | 10 |
| commercial motor
vehicle for a period of not less than 12 | 11 |
| months for the
the first violation of:
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| (1) Refusing to submit to or failure to complete a test | 13 |
| or tests to
determine the driver's blood concentration of | 14 |
| alcohol, other drug, or both,
while driving a commercial | 15 |
| motor vehicle; or
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| (2) Operating a commercial motor vehicle while the | 17 |
| alcohol
concentration of the person's blood, breath or | 18 |
| urine is at least 0.04, or any
amount of a drug, substance, | 19 |
| or compound in the person's blood or urine
resulting from | 20 |
| the unlawful use or consumption of cannabis listed in the
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| Cannabis Control Act or a controlled substance listed in | 22 |
| the Illinois
Controlled Substances Act as indicated by a | 23 |
| police officer's sworn report or
other verified evidence; | 24 |
| or
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| (3) Conviction for a first violation of:
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| (i) Driving a commercial motor vehicle while under | 27 |
| the influence of
alcohol, or any other drug, or | 28 |
| combination of drugs to a degree which
renders such | 29 |
| person incapable of safely driving; or
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| (ii) Knowingly and wilfully leaving the scene of an | 31 |
| accident while
operating a commercial motor vehicle; | 32 |
| or
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LRB094 08504 DRH 38711 b |
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| (iii) Driving a commercial motor vehicle while | 2 |
| committing any felony.
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| If any of the above violations or refusals occurred | 4 |
| while
transporting hazardous material(s) required to be | 5 |
| placarded, the person
shall be disqualified for a period of | 6 |
| not less than 3 years.
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| (b) A person is disqualified for life for a second | 8 |
| conviction of any of
the offenses specified in paragraph (a), | 9 |
| or any combination of those
offenses, arising from 2 or more | 10 |
| separate incidents.
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| (c) A person is disqualified from driving a commercial | 12 |
| motor vehicle for
life who uses a commercial motor vehicle in | 13 |
| the commission of any felony
involving the manufacture, | 14 |
| distribution, or dispensing of a controlled
substance, or | 15 |
| possession with intent to manufacture, distribute or dispense
a | 16 |
| controlled substance.
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| (d) The Secretary of State may, when the United States | 18 |
| Secretary of
Transportation so authorizes, issue regulations | 19 |
| in which a disqualification
for life under paragraph (b) may be | 20 |
| reduced to a period of not less than 10
years.
If a reinstated | 21 |
| driver is subsequently convicted of another disqualifying
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| offense, as specified in subsection (a) of this Section, he or | 23 |
| she shall be
permanently disqualified for life and shall be | 24 |
| ineligible to again apply for a
reduction of the lifetime | 25 |
| disqualification.
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| (e) A person is disqualified from driving a commercial | 27 |
| motor vehicle for
a period of not less than 2 months if | 28 |
| convicted of 2 serious traffic
violations, committed in a | 29 |
| commercial motor vehicle, arising from separate
incidents, | 30 |
| occurring within a 3 year period. However, a person will be
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| disqualified from driving a commercial motor vehicle for a | 32 |
| period of not less
than 4 months if convicted of 3 serious | 33 |
| traffic violations, committed in a
commercial motor vehicle, | 34 |
| arising from separate incidents, occurring within a 3
year | 35 |
| period.
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| (f) Notwithstanding any other provision of this Code, any |
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LRB094 08504 DRH 38711 b |
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| driver
disqualified from operating a commercial motor vehicle, | 2 |
| pursuant to this
UCDLA, shall not be eligible for restoration | 3 |
| of commercial driving
privileges during any such period of | 4 |
| disqualification.
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| (g) After suspending, revoking, or cancelling a commercial | 6 |
| driver's
license, the Secretary of State must update the | 7 |
| driver's records to reflect
such action within 10 days. After | 8 |
| suspending or revoking the driving privilege
of any person who | 9 |
| has been issued a CDL or commercial driver instruction permit
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| from another jurisdiction, the Secretary shall originate | 11 |
| notification to
such issuing jurisdiction within 10 days.
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| (h) The "disqualifications" referred to in this Section | 13 |
| shall not be
imposed upon any commercial motor vehicle driver, | 14 |
| by the Secretary of
State, unless the prohibited action(s) | 15 |
| occurred after March 31, 1992.
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| (i) A person is disqualified from driving a commercial | 17 |
| motor vehicle in
accordance with the following:
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| (1) For 6 months upon a first conviction of paragraph | 19 |
| (2) of subsection
(b) of Section 6-507 of this Code.
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| (2) For one year upon a second conviction of paragraph | 21 |
| (2) of subsection
(b) of Section 6-507 of this Code within | 22 |
| a 10-year period.
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| (3) For 3 years upon a third or subsequent conviction | 24 |
| of paragraph (2) of
subsection (b) of Section 6-507 of this | 25 |
| Code within a 10-year period.
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| (4) For one year upon a first conviction of paragraph | 27 |
| (3) of subsection
(b) of Section 6-507 of this Code.
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| (5) For 3 years upon a second conviction of paragraph | 29 |
| (3) of subsection
(b) of Section 6-507 of this Code within | 30 |
| a 10-year period.
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| (6) For 5 years upon a third or subsequent conviction | 32 |
| of paragraph (3) of
subsection (b) of Section 6-507 of this | 33 |
| Code within a 10-year period.
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| (j) Disqualification for railroad-highway grade crossing
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| violation.
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| (1) General rule. A driver who is convicted of a |
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| violation of a federal,
State, or
local law or regulation | 2 |
| pertaining to
one of the following 6 offenses at a | 3 |
| railroad-highway grade crossing must be
disqualified
from | 4 |
| operating a commercial motor vehicle for the period of time | 5 |
| specified in
paragraph (2) of this subsection (j) if the | 6 |
| offense was committed while
operating a commercial motor | 7 |
| vehicle:
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| (i) For drivers who are not required to always | 9 |
| stop, failing to
slow down and check that the tracks | 10 |
| are clear of an approaching train, as
described in | 11 |
| subsection (a-5) of Section 11-1201 of this Code;
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| (ii) For drivers who are not required to always | 13 |
| stop, failing to
stop before reaching the crossing, if | 14 |
| the tracks are not clear, as described in
subsection | 15 |
| (a) of Section 11-1201 of this Code;
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| (iii) For drivers who are always required to stop, | 17 |
| failing to stop
before driving onto the crossing, as | 18 |
| described in Section 11-1202 of this Code;
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| (iv) For all drivers, failing to have sufficient | 20 |
| space to drive
completely through the crossing without | 21 |
| stopping, as described in subsection
(b) of Section | 22 |
| 11-1425 of this Code;
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| (v) For all drivers, failing to obey a traffic | 24 |
| control device or
the directions of an enforcement | 25 |
| official at the crossing, as described in
subdivision | 26 |
| (a)2 of Section 11-1201 of this Code;
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| (vi) For all drivers, failing to negotiate a | 28 |
| crossing because of
insufficient undercarriage | 29 |
| clearance, as described in subsection (d-1) of
Section | 30 |
| 11-1201 of this Code.
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| (2) Duration of disqualification for railroad-highway | 32 |
| grade
crossing violation.
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| (i) First violation. A driver must be disqualified | 34 |
| from operating a
commercial motor vehicle
for not less | 35 |
| than 60 days if the driver is convicted of a violation | 36 |
| described
in paragraph
(1) of this subsection (j) and, |
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LRB094 08504 DRH 38711 b |
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| in the three-year period preceding the
conviction, the | 2 |
| driver
had no convictions for a violation described in | 3 |
| paragraph (1) of this
subsection (j).
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| (ii) Second violation. A driver must be | 5 |
| disqualified from operating a
commercial
motor vehicle
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| for not less
than 120 days if the driver is convicted
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| of a violation described in paragraph (1) of this | 8 |
| subsection (j) and, in the
three-year
period preceding | 9 |
| the conviction, the driver had one other conviction for | 10 |
| a
violation
described in paragraph (1) of this | 11 |
| subsection (j) that was committed in a
separate
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| incident.
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| (iii) Third or subsequent violation. A driver must | 14 |
| be disqualified from
operating a
commercial motor | 15 |
| vehicle
for not less than one year if the driver is | 16 |
| convicted
of a violation described in paragraph (1) of | 17 |
| this subsection (j) and, in the
three-year
period | 18 |
| preceding the conviction, the driver had 2 or more | 19 |
| other convictions for
violations
described in | 20 |
| paragraph (1) of this subsection (j) that were | 21 |
| committed in
separate incidents.
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| (Source: P.A. 92-249, eff. 1-1-02; 92-834, eff. 8-22-02.)
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