Full Text of SB3373 98th General Assembly
SB3373 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3373 Introduced 2/14/2014, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-508 | from Ch. 95 1/2, par. 6-508 |
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Amends the Illinois Vehicle Code. Requires the Secretary of State and third party testers to provide written commercial driver's license tests in English, Spanish, Polish, and Mandarin.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-508 as follows:
| 6 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 7 | | (Text of Section before amendment by P.A. 98-176 ) | 8 | | Sec. 6-508. Commercial Driver's License (CDL) - | 9 | | qualification standards.
| 10 | | (a) Testing.
| 11 | | (1) General. No person shall be issued an original or | 12 | | renewal CDL
unless that person is
domiciled in this State. | 13 | | The Secretary shall cause to be administered such
tests as | 14 | | the Secretary deems necessary to meet the requirements of | 15 | | 49
C.F.R. Part 383, subparts F, G, H, and J.
| 16 | | (2) Third party testing. The Secretary of State state | 17 | | may authorize a
"third party tester", pursuant to 49 C.F.R. | 18 | | Part 383.75, to administer the
skills test or tests | 19 | | specified by the Federal Motor Carrier Safety
| 20 | | Administration pursuant to the
Commercial Motor Vehicle | 21 | | Safety Act of 1986 and any appropriate federal rule.
| 22 | | (b) Waiver of Skills Test. The Secretary of State may waive | 23 | | the skills
test specified in this Section for a driver |
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| 1 | | applicant for a commercial driver license
who meets the | 2 | | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
The | 3 | | Secretary of State shall waive the skills tests specified in | 4 | | this Section for a driver applicant who has military commercial | 5 | | motor vehicle experience, subject to the requirements of 49 | 6 | | C.F.R. 383.77.
| 7 | | (b-1) No person shall be issued a commercial driver | 8 | | instruction permit or CDL unless the person certifies to the | 9 | | Secretary one of the following types of driving operations in | 10 | | which he or she will be engaged: | 11 | | (1) non-excepted interstate; | 12 | | (2) non-excepted intrastate; | 13 | | (3) excepted interstate; or | 14 | | (4) excepted intrastate. | 15 | | (b-2) Persons who hold a commercial driver instruction | 16 | | permit or CDL on January 30, 2012 must certify to the Secretary | 17 | | no later than January 30, 2014 one of the following applicable | 18 | | self-certifications: | 19 | | (1) non-excepted interstate; | 20 | | (2) non-excepted intrastate; | 21 | | (3) excepted interstate; or | 22 | | (4) excepted intrastate. | 23 | | (c) Limitations on issuance of a CDL. A CDL, or a | 24 | | commercial driver
instruction permit, shall not be issued to a | 25 | | person while the person is
subject to a disqualification from | 26 | | driving a commercial motor vehicle, or
unless otherwise |
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| 1 | | permitted by this Code, while the person's driver's
license is | 2 | | suspended, revoked or cancelled in
any state, or any territory | 3 | | or province of Canada; nor may a CDL be issued
to a person who | 4 | | has a CDL issued by any other state, or foreign
jurisdiction, | 5 | | unless the person first surrenders all such
licenses. No CDL | 6 | | shall be issued to or renewed for a person who does not
meet | 7 | | the requirement of 49 CFR 391.41(b)(11). The requirement may be | 8 | | met with
the aid of a hearing aid.
| 9 | | (c-1) The Secretary may issue a CDL with a school bus | 10 | | driver endorsement
to allow a person to drive the type of bus | 11 | | described in subsection (d-5) of
Section 6-104 of this Code. | 12 | | The CDL with a school bus driver endorsement may be
issued only | 13 | | to a person meeting the following requirements:
| 14 | | (1) the person has submitted his or her fingerprints to | 15 | | the
Department of State Police in the form and manner
| 16 | | prescribed by the Department of State Police. These
| 17 | | fingerprints shall be checked against the fingerprint | 18 | | records
now and hereafter filed in the Department of State | 19 | | Police and
Federal Bureau of Investigation criminal | 20 | | history records databases;
| 21 | | (2) the person has passed a written test, administered | 22 | | by the Secretary of
State, on charter bus operation, | 23 | | charter bus safety, and certain special
traffic laws
| 24 | | relating to school buses determined by the Secretary of | 25 | | State to be relevant to
charter buses, and submitted to a | 26 | | review of the driver applicant's driving
habits by the |
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| 1 | | Secretary of State at the time the written test is given;
| 2 | | (3) the person has demonstrated physical fitness to | 3 | | operate school buses
by
submitting the results of a medical | 4 | | examination, including tests for drug
use; and
| 5 | | (4) the person has not been convicted of committing or | 6 | | attempting
to commit any
one or more of the following | 7 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 8 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 9 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 10 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 11 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 12 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 13 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 14 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 15 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | 16 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | 17 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 18 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | 19 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | 20 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| 21 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 22 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | 23 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | 24 | | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | 25 | | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | 26 | | Section 12-3.05, and in subsection (a) and subsection (b), |
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| 1 | | clause (1), of Section
12-4, and in subsection (A), clauses | 2 | | (a) and (b), of Section 24-3, and those offenses contained | 3 | | in Article 29D of the Criminal Code of 1961 or the Criminal | 4 | | Code of 2012; (ii) those offenses defined in the
Cannabis | 5 | | Control Act except those offenses defined in subsections | 6 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 | 7 | | of the Cannabis Control
Act; (iii) those offenses defined | 8 | | in the Illinois Controlled Substances
Act; (iv) those | 9 | | offenses defined in the Methamphetamine Control and | 10 | | Community Protection Act; (v) any offense committed or | 11 | | attempted in any other state or against
the laws of the | 12 | | United States, which if committed or attempted in this
| 13 | | State would be punishable as one or more of the foregoing | 14 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | 15 | | of the Wrongs to Children Act or Section 11-9.1A of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | 17 | | those offenses defined in Section 6-16 of the Liquor | 18 | | Control Act of
1934; and (viii) those offenses defined in | 19 | | the Methamphetamine Precursor Control Act.
| 20 | | The Department of State Police shall charge
a fee for | 21 | | conducting the criminal history records check, which shall be
| 22 | | deposited into the State Police Services Fund and may not | 23 | | exceed the actual
cost of the records check.
| 24 | | (c-2) The Secretary shall issue a CDL with a school bus | 25 | | endorsement to allow a person to drive a school bus as defined | 26 | | in this Section. The CDL shall be issued according to the |
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| 1 | | requirements outlined in 49 C.F.R. 383. A person may not | 2 | | operate a school bus as defined in this Section without a | 3 | | school bus endorsement. The Secretary of State may adopt rules | 4 | | consistent with Federal guidelines to implement this | 5 | | subsection (c-2).
| 6 | | (d) Commercial driver instruction permit. A commercial | 7 | | driver
instruction permit may be issued to any person holding a | 8 | | valid Illinois
driver's license if such person successfully | 9 | | passes such tests as the
Secretary determines to be necessary.
| 10 | | A commercial driver instruction permit shall not be issued to a | 11 | | person who
does not meet
the requirements of 49 CFR 391.41 | 12 | | (b)(11), except for the renewal of a
commercial driver
| 13 | | instruction permit for a person who possesses a commercial | 14 | | instruction permit
prior to the
effective date of this | 15 | | amendatory Act of 1999.
| 16 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | 17 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | 18 | | 1-1-14; revised 9-19-13.) | 19 | | (Text of Section after amendment by P.A. 98-176 )
| 20 | | Sec. 6-508. Commercial Driver's License (CDL) - | 21 | | qualification standards.
| 22 | | (a) Testing.
| 23 | | (1) General. No person shall be issued an original or | 24 | | renewal CDL
unless that person is
domiciled in this State | 25 | | or is applying for a non-domiciled CDL under Sections 6-509 |
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| 1 | | and 6-510 of this Code. The Secretary shall cause to be | 2 | | administered such
tests as the Secretary deems necessary to | 3 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | 4 | | H, and J.
Written tests must be available in English, | 5 | | Spanish, Polish, and Mandarin.
| 6 | | (1.5) Effective July 1, 2014, no person shall be issued | 7 | | an original CDL or an upgraded CDL that requires a skills | 8 | | test unless that person has held a CLP, for a minimum of 14 | 9 | | calendar days, for the classification of vehicle and | 10 | | endorsement, if any, for which the person is seeking a CDL. | 11 | | (2) Third party testing. The Secretary of State state | 12 | | may authorize a
"third party tester", pursuant to 49 C.F.R. | 13 | | Part 383.75 and 49 C.F.R. 384.228 and 384.229, to | 14 | | administer the
skills test or tests specified by the | 15 | | Federal Motor Carrier Safety
Administration pursuant to | 16 | | the
Commercial Motor Vehicle Safety Act of 1986 and any | 17 | | appropriate federal rule , if that third party tester offers | 18 | | written tests in English, Spanish, Polish, and Mandarin. .
| 19 | | (b) Waiver of Skills Test. The Secretary of State may waive | 20 | | the skills
test specified in this Section for a driver | 21 | | applicant for a commercial driver license
who meets the | 22 | | requirements of 49 C.F.R. Part 383.77.
The Secretary of State | 23 | | shall waive the skills tests specified in this Section for a | 24 | | driver applicant who has military commercial motor vehicle | 25 | | experience, subject to the requirements of 49 C.F.R. 383.77.
| 26 | | (b-1) No person shall be issued a CDL unless the person |
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| 1 | | certifies to the Secretary one of the following types of | 2 | | driving operations in which he or she will be engaged: | 3 | | (1) non-excepted interstate; | 4 | | (2) non-excepted intrastate; | 5 | | (3) excepted interstate; or | 6 | | (4) excepted intrastate. | 7 | | (b-2) (Blank). | 8 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 9 | | issued to a person while the person is
subject to a | 10 | | disqualification from driving a commercial motor vehicle, or
| 11 | | unless otherwise permitted by this Code, while the person's | 12 | | driver's
license is suspended, revoked or cancelled in
any | 13 | | state, or any territory or province of Canada; nor may a CLP or | 14 | | CDL be issued
to a person who has a CLP or CDL issued by any | 15 | | other state, or foreign
jurisdiction, nor may a CDL be issued | 16 | | to a person who has an Illinois CLP unless the person first | 17 | | surrenders all of these
licenses or permits. However, a person | 18 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 19 | | is necessary to train or practice for an endorsement or vehicle | 20 | | classification not present on the current CDL. No CDL shall be | 21 | | issued to or renewed for a person who does not
meet the | 22 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met | 23 | | with
the aid of a hearing aid.
| 24 | | (c-1) The Secretary may issue a CDL with a school bus | 25 | | driver endorsement
to allow a person to drive the type of bus | 26 | | described in subsection (d-5) of
Section 6-104 of this Code. |
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| 1 | | The CDL with a school bus driver endorsement may be
issued only | 2 | | to a person meeting the following requirements:
| 3 | | (1) the person has submitted his or her fingerprints to | 4 | | the
Department of State Police in the form and manner
| 5 | | prescribed by the Department of State Police. These
| 6 | | fingerprints shall be checked against the fingerprint | 7 | | records
now and hereafter filed in the Department of State | 8 | | Police and
Federal Bureau of Investigation criminal | 9 | | history records databases;
| 10 | | (2) the person has passed a written test, administered | 11 | | by the Secretary of
State, on charter bus operation, | 12 | | charter bus safety, and certain special
traffic laws
| 13 | | relating to school buses determined by the Secretary of | 14 | | State to be relevant to
charter buses, and submitted to a | 15 | | review of the driver applicant's driving
habits by the | 16 | | Secretary of State at the time the written test is given;
| 17 | | (3) the person has demonstrated physical fitness to | 18 | | operate school buses
by
submitting the results of a medical | 19 | | examination, including tests for drug
use; and
| 20 | | (4) the person has not been convicted of committing or | 21 | | attempting
to commit any
one or more of the following | 22 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 23 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 24 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 25 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 26 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, |
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| 1 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 2 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 3 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 4 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | 5 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | 6 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 7 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | 8 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | 9 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| 10 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 11 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | 12 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | 13 | | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | 14 | | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | 15 | | Section 12-3.05, and in subsection (a) and subsection (b), | 16 | | clause (1), of Section
12-4, and in subsection (A), clauses | 17 | | (a) and (b), of Section 24-3, and those offenses contained | 18 | | in Article 29D of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012; (ii) those offenses defined in the
Cannabis | 20 | | Control Act except those offenses defined in subsections | 21 | | (a) and
(b) of Section 4, and subsection (a) of Section 5 | 22 | | of the Cannabis Control
Act; (iii) those offenses defined | 23 | | in the Illinois Controlled Substances
Act; (iv) those | 24 | | offenses defined in the Methamphetamine Control and | 25 | | Community Protection Act; (v) any offense committed or | 26 | | attempted in any other state or against
the laws of the |
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| 1 | | United States, which if committed or attempted in this
| 2 | | State would be punishable as one or more of the foregoing | 3 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | 4 | | of the Wrongs to Children Act or Section 11-9.1A of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | 6 | | those offenses defined in Section 6-16 of the Liquor | 7 | | Control Act of
1934; and (viii) those offenses defined in | 8 | | the Methamphetamine Precursor Control Act.
| 9 | | The Department of State Police shall charge
a fee for | 10 | | conducting the criminal history records check, which shall be
| 11 | | deposited into the State Police Services Fund and may not | 12 | | exceed the actual
cost of the records check.
| 13 | | (c-2) The Secretary shall issue a CDL with a school bus | 14 | | endorsement to allow a person to drive a school bus as defined | 15 | | in this Section. The CDL shall be issued according to the | 16 | | requirements outlined in 49 C.F.R. 383. A person may not | 17 | | operate a school bus as defined in this Section without a | 18 | | school bus endorsement. The Secretary of State may adopt rules | 19 | | consistent with Federal guidelines to implement this | 20 | | subsection (c-2).
| 21 | | (d) (Blank).
| 22 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | 23 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | 24 | | 1-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
| 25 | | Section 95. No acceleration or delay. Where this Act makes |
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| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act.
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