Full Text of HB3130 95th General Assembly
HB3130 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3130
Introduced 2/26/2007, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
|
625 ILCS 5/6-514 |
from Ch. 95 1/2, par. 6-514 |
|
Amends the Illinois Vehicle Code. Makes a technical change in a Section
concerning commercial driver's licenses.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB3130 |
|
LRB095 06800 DRH 26916 b |
|
| 1 |
| AN ACT concerning transportation.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-514 as follows:
| 6 |
| (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| 7 |
| Sec. 6-514. Commercial Driver's License (CDL) - | 8 |
| Disqualifications.
| 9 |
| (a) A person shall be disqualified from driving a | 10 |
| commercial motor
vehicle for a period of not less than 12 | 11 |
| months for the
the first violation of:
| 12 |
| (1) Refusing to submit to or failure to complete a test | 13 |
| or tests to
determine the driver's blood concentration of | 14 |
| alcohol, other drug, or both,
while driving a commercial | 15 |
| motor vehicle or, if the driver is a CDL holder, while | 16 |
| driving a non-CMV; or
| 17 |
| (2) Operating a commercial motor vehicle while the | 18 |
| alcohol
concentration of the person's blood, breath or | 19 |
| urine is at least 0.04, or any
amount of a drug, substance, | 20 |
| or compound in the person's blood or urine
resulting from | 21 |
| the unlawful use or consumption of cannabis listed in the
| 22 |
| Cannabis Control Act or a controlled substance listed in | 23 |
| the Illinois
Controlled Substances Act as indicated by a |
|
|
|
HB3130 |
- 2 - |
LRB095 06800 DRH 26916 b |
|
| 1 |
| police officer's sworn report or
other verified evidence; | 2 |
| or operating a non-commercial motor vehicle while the | 3 |
| alcohol concentration of the person's blood, breath, or | 4 |
| urine was above the legal limit defined in Section 11-501.1 | 5 |
| or 11-501.8 or any amount of a drug, substance, or compound | 6 |
| in the person's blood or urine resulting from the unlawful | 7 |
| use or consumption of cannabis listed in the Cannabis | 8 |
| Control Act or a controlled substance listed in the | 9 |
| Illinois Controlled Substances Act as indicated by a police | 10 |
| officer's sworn report or other verified evidence while | 11 |
| holding a commercial driver's license; or
| 12 |
| (3) Conviction for a first violation of:
| 13 |
| (i) Driving a commercial motor vehicle or, if the | 14 |
| driver is a CDL holder, driving a non-CMV while under | 15 |
| the influence of
alcohol, or any other drug, or | 16 |
| combination of drugs to a degree which
renders such | 17 |
| person incapable of safely driving; or
| 18 |
| (ii) Knowingly and wilfully leaving the scene of an | 19 |
| accident while
operating a commercial motor vehicle | 20 |
| or, if the driver is a CDL holder, while driving a | 21 |
| non-CMV; or
| 22 |
| (iii) Driving a commercial motor vehicle or, if the | 23 |
| driver is a CDL holder, driving a non-CMV while | 24 |
| committing any felony; or | 25 |
| (iv) Driving a commercial motor vehicle while the | 26 |
| person's driving privileges or driver's license or |
|
|
|
HB3130 |
- 3 - |
LRB095 06800 DRH 26916 b |
|
| 1 |
| permit is revoked, suspended, or cancelled or the | 2 |
| driver is disqualified from operating a commercial | 3 |
| motor vehicle; or | 4 |
| (v) Causing a fatality through the negligent | 5 |
| operation of a commercial motor vehicle, including but | 6 |
| not limited to the crimes of motor vehicle | 7 |
| manslaughter, homicide by a motor vehicle, and | 8 |
| negligent homicide. | 9 |
| As used in this subdivision (a)(3)(v), "motor | 10 |
| vehicle manslaughter" means the offense of involuntary | 11 |
| manslaughter if committed by means of a vehicle; | 12 |
| "homicide by a motor vehicle" means the offense of | 13 |
| first degree murder or second degree murder, if either | 14 |
| offense is committed by means of a vehicle; and | 15 |
| "negligent homicide" means reckless homicide under | 16 |
| Section 9-3 of the Criminal Code of 1961 and aggravated | 17 |
| driving under the influence of alcohol, other drug or | 18 |
| drugs, intoxicating compound or compounds, or any | 19 |
| combination thereof under subdivision (d)(1)(F) of | 20 |
| Section 11-501 of this Code.
| 21 |
| If any of the above violations or refusals occurred | 22 |
| while
transporting hazardous material(s) required to be | 23 |
| placarded, the person
shall be disqualified for a period of | 24 |
| not less than 3 years.
| 25 |
| (b) A person is disqualified for life for a second | 26 |
| conviction of any of
the offenses specified in paragraph (a), |
|
|
|
HB3130 |
- 4 - |
LRB095 06800 DRH 26916 b |
|
| 1 |
| or any combination of those
offenses, arising from 2 or more | 2 |
| separate incidents.
| 3 |
| (c) A person is disqualified from driving a commercial | 4 |
| motor vehicle for
life if the person either (i) uses a | 5 |
| commercial motor vehicle in the commission of any felony
| 6 |
| involving the manufacture, distribution, or dispensing of a | 7 |
| controlled
substance, or possession with intent to | 8 |
| manufacture, distribute or dispense
a controlled substance or | 9 |
| (ii) if the person is a CDL holder, uses a non-CMV in the | 10 |
| commission of a felony involving any of those activities.
| 11 |
| (d) The Secretary of State may, when the United States | 12 |
| Secretary of
Transportation so authorizes, issue regulations | 13 |
| in which a disqualification
for life under paragraph (b) may be | 14 |
| reduced to a period of not less than 10
years.
If a reinstated | 15 |
| driver is subsequently convicted of another disqualifying
| 16 |
| offense, as specified in subsection (a) of this Section, he or | 17 |
| she shall be
permanently disqualified for life and shall be | 18 |
| ineligible to again apply for a
reduction of the lifetime | 19 |
| disqualification.
| 20 |
| (e) A person is disqualified from driving a commercial | 21 |
| motor vehicle for
a period of not less than 2 months if | 22 |
| convicted of 2 serious traffic
violations, committed in a | 23 |
| commercial motor vehicle, arising from separate
incidents, | 24 |
| occurring within a 3 year period. However, a person will be
| 25 |
| disqualified from driving a commercial motor vehicle for a | 26 |
| period of not less
than 4 months if convicted of 3 serious |
|
|
|
HB3130 |
- 5 - |
LRB095 06800 DRH 26916 b |
|
| 1 |
| traffic violations, committed in a
commercial motor vehicle, | 2 |
| arising from separate incidents, occurring within a 3
year | 3 |
| period.
| 4 |
| (e-1) A person is disqualified from driving a commercial | 5 |
| motor vehicle for a period of not less than 2 months if | 6 |
| convicted of 2 serious traffic violations committed in a | 7 |
| non-CMV while holding a CDL, arising from separate incidents, | 8 |
| occurring within a 3 year period, if the convictions would | 9 |
| result in the suspension or revocation of the CDL holder's | 10 |
| non-CMV privileges. A person shall be disqualified from driving | 11 |
| a commercial motor vehicle for a period of not less than 4 | 12 |
| months, however, if he or she is convicted of 3 or more serious | 13 |
| traffic violations committed in a non-CMV while holding a CDL, | 14 |
| arising from separate incidents, occurring within a 3 year | 15 |
| period, if the convictions would result in the suspension or | 16 |
| revocation of the CDL holder's non-CMV privileges.
| 17 |
| (f) Notwithstanding any other provision of this Code, any | 18 |
| driver
disqualified from operating a commercial motor vehicle, | 19 |
| pursuant to this
UCDLA, shall not be eligible for restoration | 20 |
| of commercial driving
privileges during any such period of | 21 |
| disqualification.
| 22 |
| (g) After suspending, revoking, or cancelling a commercial | 23 |
| driver's
license, the Secretary of State must update the | 24 |
| driver's records to reflect
such action within 10 days. After | 25 |
| suspending or revoking the driving privilege
of any person who | 26 |
| has been issued a CDL or commercial driver instruction permit
|
|
|
|
HB3130 |
- 6 - |
LRB095 06800 DRH 26916 b |
|
| 1 |
| from another jurisdiction, the Secretary shall originate | 2 |
| notification to
such issuing jurisdiction within 10 days.
| 3 |
| (h) The "disqualifications" referred to in this Section | 4 |
| shall not be
imposed upon any commercial motor vehicle driver, | 5 |
| by the Secretary of
State, unless the prohibited action(s) | 6 |
| occurred after March 31, 1992.
| 7 |
| (i) A person is disqualified from driving a commercial | 8 |
| motor vehicle in
accordance with the following:
| 9 |
| (1) For 6 months upon a first conviction of paragraph | 10 |
| (2) of subsection
(b) of Section 6-507 of this Code.
| 11 |
| (2) For one year upon a second conviction of paragraph | 12 |
| (2) of subsection
(b) of Section 6-507 of this Code within | 13 |
| a 10-year period.
| 14 |
| (3) For 3 years upon a third or subsequent conviction | 15 |
| of paragraph (2) of
subsection (b) of Section 6-507 of this | 16 |
| Code within a 10-year period.
| 17 |
| (4) For one year upon a first conviction of paragraph | 18 |
| (3) of subsection
(b) of Section 6-507 of this Code.
| 19 |
| (5) For 3 years upon a second conviction of paragraph | 20 |
| (3) of subsection
(b) of Section 6-507 of this Code within | 21 |
| a 10-year period.
| 22 |
| (6) For 5 years upon a third or subsequent conviction | 23 |
| of paragraph (3) of
subsection (b) of Section 6-507 of this | 24 |
| Code within a 10-year period.
| 25 |
| (j) Disqualification for railroad-highway grade crossing
| 26 |
| violation.
|
|
|
|
HB3130 |
- 7 - |
LRB095 06800 DRH 26916 b |
|
| 1 |
| (1) General rule. A driver who is convicted of a | 2 |
| violation of a federal,
State, or
local law or regulation | 3 |
| pertaining to
one of the following 6 offenses at a | 4 |
| railroad-highway grade crossing must be
disqualified
from | 5 |
| operating a commercial motor vehicle for the period of time | 6 |
| specified in
paragraph (2) of this subsection (j) if the | 7 |
| offense was committed while
operating a commercial motor | 8 |
| vehicle:
| 9 |
| (i) For drivers who are not required to always | 10 |
| stop, failing to
slow down and check that the tracks | 11 |
| are clear of an approaching train, as
described in | 12 |
| subsection (a-5) of Section 11-1201 of this Code;
| 13 |
| (ii) For drivers who are not required to always | 14 |
| stop, failing to
stop before reaching the crossing, if | 15 |
| the tracks are not clear, as described in
subsection | 16 |
| (a) of Section 11-1201 of this Code;
| 17 |
| (iii) For drivers who are always required to stop, | 18 |
| failing to stop
before driving onto the crossing, as | 19 |
| described in Section 11-1202 of this Code;
| 20 |
| (iv) For all drivers, failing to have sufficient | 21 |
| space to drive
completely through the crossing without | 22 |
| stopping, as described in subsection
(b) of Section | 23 |
| 11-1425 of this Code;
| 24 |
| (v) For all drivers, failing to obey a traffic | 25 |
| control device or
the directions of an enforcement | 26 |
| official at the crossing, as described in
subdivision |
|
|
|
HB3130 |
- 8 - |
LRB095 06800 DRH 26916 b |
|
| 1 |
| (a)2 of Section 11-1201 of this Code;
| 2 |
| (vi) For all drivers, failing to negotiate a | 3 |
| crossing because of
insufficient undercarriage | 4 |
| clearance, as described in subsection (d-1) of
Section | 5 |
| 11-1201 of this Code.
| 6 |
| (2) Duration of disqualification for railroad-highway | 7 |
| grade
crossing violation.
| 8 |
| (i) First violation. A driver must be disqualified | 9 |
| from operating a
commercial motor vehicle
for not less | 10 |
| than 60 days if the driver is convicted of a violation | 11 |
| described
in paragraph
(1) of this subsection (j) and, | 12 |
| in the three-year period preceding the
conviction, the | 13 |
| driver
had no convictions for a violation described in | 14 |
| paragraph (1) of this
subsection (j).
| 15 |
| (ii) Second violation. A driver must be | 16 |
| disqualified from operating a
commercial
motor vehicle
| 17 |
| for not less
than 120 days if the driver is convicted
| 18 |
| of a violation described in paragraph (1) of this | 19 |
| subsection (j) and, in the
three-year
period preceding | 20 |
| the conviction, the driver had one other conviction for | 21 |
| a
violation
described in paragraph (1) of this | 22 |
| subsection (j) that was committed in a
separate
| 23 |
| incident.
| 24 |
| (iii) Third or subsequent violation. A driver must | 25 |
| be disqualified from
operating a
commercial motor | 26 |
| vehicle
for not less than one year if the driver is |
|
|
|
HB3130 |
- 9 - |
LRB095 06800 DRH 26916 b |
|
| 1 |
| convicted
of a violation described in paragraph (1) of | 2 |
| this subsection (j) and, in the
three-year
period | 3 |
| preceding the conviction, the driver had 2 or more | 4 |
| other convictions for
violations
described in | 5 |
| paragraph (1) of this subsection (j) that were | 6 |
| committed in
separate incidents.
| 7 |
| (k) Upon notification of a disqualification of a driver's | 8 |
| commercial motor vehicle privileges imposed by the U.S. | 9 |
| Department of Transportation, Federal Motor Carrier Safety | 10 |
| Administration, in accordance with 49 C.F.R. 383.52, the | 11 |
| Secretary of State shall immediately record to the driving | 12 |
| record the notice of disqualification and confirm to the driver | 13 |
| the action that has been taken.
| 14 |
| (Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06.)
|
|