Full Text of SB3452 97th General Assembly
SB3452enr 97TH 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 2-111, 3-400, 3-413, 6-205, 6-206, 11-204.1, 11-1302, | 6 | | 11-1403, 11-1403.2, and 12-208 as follows: | 7 | | (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) | 8 | | Sec. 2-111. Seizure or confiscation of documents and | 9 | | plates.
| 10 | | (a) The Secretary of State is
authorized to take possession | 11 | | of any certificate of title, registration
card, permit, | 12 | | license, registration plate, plates, disability
license plate | 13 | | or parking decal or device, or registration sticker
issued by | 14 | | him upon expiration, revocation, cancellation or suspension | 15 | | thereof,
or which is fictitious, or which has been unlawfully | 16 | | or erroneously issued.
Police officers who have reasonable | 17 | | grounds to believe that any item or
items listed in this | 18 | | Section should be seized shall take possession of the items and | 19 | | return them or cause them to be returned to request the | 20 | | Secretary
of State to take possession of such item or items .
| 21 | | (b) The Secretary of State is authorized to confiscate any | 22 | | suspected
fraudulent,
fictitious, or altered documents | 23 | | submitted by an applicant in support of an
application for
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| 1 | | driver's license or permit.
| 2 | | (Source: P.A. 93-895, eff. 1-1-05; 94-619, eff. 1-1-06.)
| 3 | | (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
| 4 | | Sec. 3-400. Definition. Notwithstanding the definition set | 5 | | forth in
Chapter 1 of this Act, for the purposes of this | 6 | | Article, the following
words shall have the meaning ascribed to | 7 | | them as follows:
| 8 | | "Apportionable Fee" means any periodic recurring fee | 9 | | required for
licensing or registering vehicles, such as, but | 10 | | not limited to,
registration fees, license or weight fees.
| 11 | | "Apportionable Vehicle" means any vehicle, except | 12 | | recreational
vehicles, vehicles displaying restricted plates, | 13 | | city pickup and delivery
vehicles, buses used in transportation | 14 | | of chartered parties, and government
owned vehicles that are | 15 | | used or intended for use in 2 or more member
jurisdictions that | 16 | | allocate or proportionally register vehicles, in a
fleet which | 17 | | is used for the transportation of persons for hire or the
| 18 | | transportation of property and which has a gross vehicle weight | 19 | | in excess of
26,000 pounds; or has three or more axles | 20 | | regardless of weight; or is used in
combination when the weight | 21 | | of such combination exceeds 26,000 pounds gross
vehicle weight. | 22 | | Vehicles, or combinations having a gross vehicle weight of
| 23 | | 26,000 pounds or less and two-axle vehicles may be | 24 | | proportionally registered at
the option of such owner.
| 25 | | "Base Jurisdiction" means, for purposes of fleet |
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| 1 | | registration, the
jurisdiction where the registrant has an | 2 | | established place of business,
where operational records of the | 3 | | fleet are maintained and where mileage
is accrued by the fleet. | 4 | | In case a registrant operates more than one
fleet, and | 5 | | maintains records for each fleet in different places, the
"base | 6 | | jurisdiction" for a fleet shall be the jurisdiction where an
| 7 | | established place of business is maintained, where records of | 8 | | the
operation of that fleet are maintained and where mileage is | 9 | | accrued by
that fleet.
| 10 | | "Operational Records" means documents supporting miles | 11 | | traveled in
each jurisdiction and total miles traveled, such as | 12 | | fuel reports, trip
leases, and logs.
| 13 | | Owner. A person who holds legal title of a motor vehicle, | 14 | | or in the
event a motor vehicle is the subject of an agreement | 15 | | for the conditional
sale or lease thereof with the right of | 16 | | purchase upon performance of the
conditions stated in the | 17 | | agreement and with an immediate right of
possession vested in | 18 | | the conditional vendee or lessee with right of
purchase, or in | 19 | | the event a mortgagor of such motor vehicle is entitled
to | 20 | | possession, or in the event a lessee of such motor vehicle is
| 21 | | entitled to possession or control, then such conditional vendee | 22 | | or
lessee with right of purchase or mortgagor or lessee is | 23 | | considered to be
the owner for the purpose of this Act.
| 24 | | "Registration plate cover" means any tinted, colored, | 25 | | painted, marked, clear, or illuminated object that is designed | 26 | | to (i) cover any of the characters of a motor vehicle's
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| 1 | | registration plate; or (ii) distort a recorded image of any of | 2 | | the characters
of a motor vehicle's registration plate recorded | 3 | | by an automated enforcement system as defined in Section | 4 | | 11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an | 5 | | automated traffic control system as defined in Section 15 of | 6 | | the Automated Traffic Control Systems in Highway Construction | 7 | | or Maintenance Zones Act. | 8 | | "Rental Owner" means an owner principally engaged, with | 9 | | respect to
one or more rental fleets, in renting to others or | 10 | | offering for rental
the vehicles of such fleets, without | 11 | | drivers.
| 12 | | "Restricted Plates" shall include but are not limited to | 13 | | dealer,
manufacturer, transporter, farm, repossessor, and | 14 | | permanently mounted type
plates. Vehicles displaying any of | 15 | | these type plates from a foreign
jurisdiction that is a member | 16 | | of the International Registration Plan shall be
granted | 17 | | reciprocity but shall be subject to the same limitations as | 18 | | similar
plated Illinois registered vehicles.
| 19 | | (Source: P.A. 89-571, eff. 7-26-96; 90-89, eff. 1-1-98.)
| 20 | | (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
| 21 | | Sec. 3-413. Display of registration plates, registration | 22 | | stickers ,
and drive-away permits ; registration plate covers . | 23 | | (a) Registration plates issued for a
motor vehicle other | 24 | | than a motorcycle, trailer, semitrailer,
truck-tractor, | 25 | | apportioned bus, or apportioned truck shall be attached
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| 1 | | thereto, one in the front and one in the
rear. The registration | 2 | | plate issued for a motorcycle, trailer or
semitrailer required | 3 | | to be registered hereunder and any apportionment
plate issued | 4 | | to a bus under the provisions of this Code shall be attached
to | 5 | | the rear thereof. The registration plate issued for a | 6 | | truck-tractor or
an apportioned truck required to be registered | 7 | | hereunder shall be
attached to the front thereof.
| 8 | | (b) Every registration plate shall at all times be securely | 9 | | fastened
in a horizontal position to the vehicle for which it | 10 | | is issued so as to
prevent the plate from swinging and at a | 11 | | height of not less than 5
inches from the ground, measuring | 12 | | from the bottom of such plate, in a
place and position to be | 13 | | clearly visible and shall be maintained in a
condition to be | 14 | | clearly legible, free
from any materials that would obstruct | 15 | | the visibility of the plate ,
including, but not limited to, | 16 | | glass covers and plastic covers . A registration plate on a | 17 | | motorcycle may be mounted vertically as long as it is otherwise | 18 | | clearly visible. Registration stickers issued as
evidence of | 19 | | renewed annual registration shall be attached to registration
| 20 | | plates as required by the Secretary of State, and be clearly | 21 | | visible at
all times.
| 22 | | (c) Every drive-away permit issued pursuant to this
Code | 23 | | shall
be firmly attached to the motor vehicle in the manner | 24 | | prescribed by the Secretary of State. If a drive-away permit is | 25 | | affixed to a motor vehicle in any other manner the
permit shall | 26 | | be void and of no effect.
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| 1 | | (d) The Illinois prorate decal issued to a foreign | 2 | | registered
vehicle part of a fleet prorated or apportioned with | 3 | | Illinois, shall be
displayed on a registration plate and | 4 | | displayed on the front of such
vehicle in the same manner as an | 5 | | Illinois registration plate.
| 6 | | (e) The registration plate issued for a camper body mounted | 7 | | on a
truck displaying registration plates shall be attached to | 8 | | the rear of
the camper body.
| 9 | | (f) No person shall operate a vehicle, nor permit the | 10 | | operation of a
vehicle, upon which is displayed an Illinois | 11 | | registration plate, plates
or registration stickers after the | 12 | | termination of the registration
period for which issued or | 13 | | after the expiration date set pursuant to
Sections 3-414 and | 14 | | 3-414.1 of this Code.
| 15 | | (g) A person may not operate any motor vehicle that is | 16 | | equipped with registration plate covers. A violation of this | 17 | | subsection (g) or a similar provision of a local ordinance is | 18 | | an offense against laws and ordinances regulating the movement | 19 | | of traffic. | 20 | | (h) A person may not sell or offer for sale a registration | 21 | | plate cover. A violation of this subsection (h) is a business | 22 | | offense. | 23 | | (i) A person may not advertise for the purpose of promoting | 24 | | the sale of registration plate covers. A violation of this | 25 | | subsection (i) is a business offense. | 26 | | (j) A person may not modify the original manufacturer's |
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| 1 | | mounting location of the rear registration plate on any vehicle | 2 | | so as to conceal the registration or to knowingly cause it to | 3 | | be obstructed in an effort to hinder a peace officer from | 4 | | obtaining the registration for the enforcement of a violation | 5 | | of this Code, Section 27.1 of the Toll Highway Act concerning | 6 | | toll evasion, or any municipal ordinance. Modifications | 7 | | prohibited by this subsection (j) include but are not limited | 8 | | to the use of an electronic device. A violation of this | 9 | | subsection (j) is a Class A misdemeanor. | 10 | | (Source: P.A. 95-29, eff. 6-1-08; 95-331, eff. 8-21-07 .)
| 11 | | (625 ILCS 5/6-206)
| 12 | | Sec. 6-206. Discretionary authority to suspend or revoke | 13 | | license or
permit; Right to a hearing.
| 14 | | (a) The Secretary of State is authorized to suspend or | 15 | | revoke the
driving privileges of any person without preliminary | 16 | | hearing upon a showing
of the person's records or other | 17 | | sufficient evidence that
the person:
| 18 | | 1. Has committed an offense for which mandatory | 19 | | revocation of
a driver's license or permit is required upon | 20 | | conviction;
| 21 | | 2. Has been convicted of not less than 3 offenses | 22 | | against traffic
regulations governing the movement of | 23 | | vehicles committed within any 12
month period. No | 24 | | revocation or suspension shall be entered more than
6 | 25 | | months after the date of last conviction;
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| 1 | | 3. Has been repeatedly involved as a driver in motor | 2 | | vehicle
collisions or has been repeatedly convicted of | 3 | | offenses against laws and
ordinances regulating the | 4 | | movement of traffic, to a degree that
indicates lack of | 5 | | ability to exercise ordinary and reasonable care in
the | 6 | | safe operation of a motor vehicle or disrespect for the | 7 | | traffic laws
and the safety of other persons upon the | 8 | | highway;
| 9 | | 4. Has by the unlawful operation of a motor vehicle | 10 | | caused or
contributed to an accident resulting in injury | 11 | | requiring
immediate professional treatment in a medical | 12 | | facility or doctor's office
to any person, except that any | 13 | | suspension or revocation imposed by the
Secretary of State | 14 | | under the provisions of this subsection shall start no
| 15 | | later than 6 months after being convicted of violating a | 16 | | law or
ordinance regulating the movement of traffic, which | 17 | | violation is related
to the accident, or shall start not | 18 | | more than one year
after
the date of the accident, | 19 | | whichever date occurs later;
| 20 | | 5. Has permitted an unlawful or fraudulent use of a | 21 | | driver's
license, identification card, or permit;
| 22 | | 6. Has been lawfully convicted of an offense or | 23 | | offenses in another
state, including the authorization | 24 | | contained in Section 6-203.1, which
if committed within | 25 | | this State would be grounds for suspension or revocation;
| 26 | | 7. Has refused or failed to submit to an examination |
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| 1 | | provided for by
Section 6-207 or has failed to pass the | 2 | | examination;
| 3 | | 8. Is ineligible for a driver's license or permit under | 4 | | the provisions
of Section 6-103;
| 5 | | 9. Has made a false statement or knowingly concealed a | 6 | | material fact
or has used false information or | 7 | | identification in any application for a
license, | 8 | | identification card, or permit;
| 9 | | 10. Has possessed, displayed, or attempted to | 10 | | fraudulently use any
license, identification card, or | 11 | | permit not issued to the person;
| 12 | | 11. Has operated a motor vehicle upon a highway of this | 13 | | State when
the person's driving privilege or privilege to | 14 | | obtain a driver's license
or permit was revoked or | 15 | | suspended unless the operation was authorized by
a | 16 | | monitoring device driving permit, judicial driving permit | 17 | | issued prior to January 1, 2009, probationary license to | 18 | | drive, or a restricted
driving permit issued under this | 19 | | Code;
| 20 | | 12. Has submitted to any portion of the application | 21 | | process for
another person or has obtained the services of | 22 | | another person to submit to
any portion of the application | 23 | | process for the purpose of obtaining a
license, | 24 | | identification card, or permit for some other person;
| 25 | | 13. Has operated a motor vehicle upon a highway of this | 26 | | State when
the person's driver's license or permit was |
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| 1 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 2 | | 14. Has committed a violation of Section 6-301, | 3 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 4 | | of the Illinois Identification Card
Act;
| 5 | | 15. Has been convicted of violating Section 21-2 of the | 6 | | Criminal Code
of 1961 relating to criminal trespass to | 7 | | vehicles in which case, the suspension
shall be for one | 8 | | year;
| 9 | | 16. Has been convicted of violating Section 11-204 of | 10 | | this Code relating
to fleeing from a peace officer;
| 11 | | 17. Has refused to submit to a test, or tests, as | 12 | | required under Section
11-501.1 of this Code and the person | 13 | | has not sought a hearing as
provided for in Section | 14 | | 11-501.1;
| 15 | | 18. Has, since issuance of a driver's license or | 16 | | permit, been adjudged
to be afflicted with or suffering | 17 | | from any mental disability or disease;
| 18 | | 19. Has committed a violation of paragraph (a) or (b) | 19 | | of Section 6-101
relating to driving without a driver's | 20 | | license;
| 21 | | 20. Has been convicted of violating Section 6-104 | 22 | | relating to
classification of driver's license;
| 23 | | 21. Has been convicted of violating Section 11-402 of
| 24 | | this Code relating to leaving the scene of an accident | 25 | | resulting in damage
to a vehicle in excess of $1,000, in | 26 | | which case the suspension shall be
for one year;
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| 1 | | 22. Has used a motor vehicle in violating paragraph | 2 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 3 | | the Criminal Code of 1961 relating
to unlawful use of | 4 | | weapons, in which case the suspension shall be for one
| 5 | | year;
| 6 | | 23. Has, as a driver, been convicted of committing a | 7 | | violation of
paragraph (a) of Section 11-502 of this Code | 8 | | for a second or subsequent
time within one year of a | 9 | | similar violation;
| 10 | | 24. Has been convicted by a court-martial or punished | 11 | | by non-judicial
punishment by military authorities of the | 12 | | United States at a military
installation in Illinois of or | 13 | | for a traffic related offense that is the
same as or | 14 | | similar to an offense specified under Section 6-205 or | 15 | | 6-206 of
this Code;
| 16 | | 25. Has permitted any form of identification to be used | 17 | | by another in
the application process in order to obtain or | 18 | | attempt to obtain a license,
identification card, or | 19 | | permit;
| 20 | | 26. Has altered or attempted to alter a license or has | 21 | | possessed an
altered license, identification card, or | 22 | | permit;
| 23 | | 27. Has violated Section 6-16 of the Liquor Control Act | 24 | | of 1934;
| 25 | | 28. Has been convicted of the illegal possession, while | 26 | | operating or
in actual physical control, as a driver, of a |
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| 1 | | motor vehicle, of any
controlled substance prohibited | 2 | | under the Illinois Controlled Substances
Act, any cannabis | 3 | | prohibited under the Cannabis Control
Act, or any | 4 | | methamphetamine prohibited under the Methamphetamine | 5 | | Control and Community Protection Act, in which case the | 6 | | person's driving privileges shall be suspended for
one | 7 | | year, and any driver who is convicted of a second or | 8 | | subsequent
offense, within 5 years of a previous | 9 | | conviction, for the illegal
possession, while operating or | 10 | | in actual physical control, as a driver, of
a motor | 11 | | vehicle, of any controlled substance prohibited under the | 12 | | Illinois Controlled Substances Act, any cannabis
| 13 | | prohibited under the Cannabis Control Act, or any | 14 | | methamphetamine prohibited under the Methamphetamine | 15 | | Control and Community Protection Act shall be suspended for | 16 | | 5 years.
Any defendant found guilty of this offense while | 17 | | operating a motor vehicle,
shall have an entry made in the | 18 | | court record by the presiding judge that
this offense did | 19 | | occur while the defendant was operating a motor vehicle
and | 20 | | order the clerk of the court to report the violation to the | 21 | | Secretary
of State;
| 22 | | 29. Has been convicted of the following offenses that | 23 | | were committed
while the person was operating or in actual | 24 | | physical control, as a driver,
of a motor vehicle: criminal | 25 | | sexual assault,
predatory criminal sexual assault of a | 26 | | child,
aggravated criminal sexual
assault, criminal sexual |
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| 1 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 2 | | soliciting for a juvenile prostitute, promoting juvenile | 3 | | prostitution as described in subdivision (a)(1), (a)(2), | 4 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, | 5 | | and the manufacture, sale or
delivery of controlled | 6 | | substances or instruments used for illegal drug use
or | 7 | | abuse in which case the driver's driving privileges shall | 8 | | be suspended
for one year;
| 9 | | 30. Has been convicted a second or subsequent time for | 10 | | any
combination of the offenses named in paragraph 29 of | 11 | | this subsection,
in which case the person's driving | 12 | | privileges shall be suspended for 5
years;
| 13 | | 31. Has refused to submit to a test as
required by | 14 | | Section 11-501.6 or has submitted to a test resulting in
an | 15 | | alcohol concentration of 0.08 or more or any amount of a | 16 | | drug, substance, or
compound resulting from the unlawful | 17 | | use or consumption of cannabis as listed
in the Cannabis | 18 | | Control Act, a controlled substance as listed in the | 19 | | Illinois
Controlled Substances Act, an intoxicating | 20 | | compound as listed in the Use of
Intoxicating Compounds | 21 | | Act, or methamphetamine as listed in the Methamphetamine | 22 | | Control and Community Protection Act, in which case the | 23 | | penalty shall be
as prescribed in Section 6-208.1;
| 24 | | 32. Has been convicted of Section 24-1.2 of the | 25 | | Criminal Code of
1961 relating to the aggravated discharge | 26 | | of a firearm if the offender was
located in a motor vehicle |
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| 1 | | at the time the firearm was discharged, in which
case the | 2 | | suspension shall be for 3 years;
| 3 | | 33. Has as a driver, who was less than 21 years of age | 4 | | on the date of
the offense, been convicted a first time of | 5 | | a violation of paragraph (a) of
Section 11-502 of this Code | 6 | | or a similar provision of a local ordinance;
| 7 | | 34. Has committed a violation of Section 11-1301.5 of | 8 | | this Code;
| 9 | | 35. Has committed a violation of Section 11-1301.6 of | 10 | | this Code;
| 11 | | 36. Is under the age of 21 years at the time of arrest | 12 | | and has been
convicted of not less than 2 offenses against | 13 | | traffic regulations governing
the movement of vehicles | 14 | | committed within any 24 month period. No revocation
or | 15 | | suspension shall be entered more than 6 months after the | 16 | | date of last
conviction;
| 17 | | 37. Has committed a violation of subsection (c) of | 18 | | Section 11-907 of this
Code that resulted in damage to the | 19 | | property of another or the death or injury of another;
| 20 | | 38. Has been convicted of a violation of Section 6-20 | 21 | | of the Liquor
Control Act of 1934 or a similar provision of | 22 | | a local ordinance;
| 23 | | 39. Has committed a second or subsequent violation of | 24 | | Section
11-1201 of this Code;
| 25 | | 40. Has committed a violation of subsection (a-1) of | 26 | | Section 11-908 of
this Code; |
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| 1 | | 41. Has committed a second or subsequent violation of | 2 | | Section 11-605.1 of this Code, a similar provision of a | 3 | | local ordinance, or a similar violation in any other state | 4 | | within 2 years of the date of the previous violation, in | 5 | | which case the suspension shall be for 90 days; | 6 | | 42. Has committed a violation of subsection (a-1) of | 7 | | Section 11-1301.3 of this Code;
| 8 | | 43. Has received a disposition of court supervision for | 9 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 10 | | of the Liquor
Control Act of 1934 or a similar provision of | 11 | | a local ordinance, in which case the suspension shall be | 12 | | for a period of 3 months;
| 13 | | 44.
Is under the age of 21 years at the time of arrest | 14 | | and has been convicted of an offense against traffic | 15 | | regulations governing the movement of vehicles after | 16 | | having previously had his or her driving privileges
| 17 | | suspended or revoked pursuant to subparagraph 36 of this | 18 | | Section; or | 19 | | 45.
Has, in connection with or during the course of a | 20 | | formal hearing conducted under Section 2-118 of this Code: | 21 | | (i) committed perjury; (ii) submitted fraudulent or | 22 | | falsified documents; (iii) submitted documents that have | 23 | | been materially altered; or (iv) submitted, as his or her | 24 | | own, documents that were in fact prepared or composed for | 25 | | another person ; or . | 26 | | 46. Has committed a violation of subsection (j) of |
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| 1 | | Section 3-413 of this Code. | 2 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 3 | | and 27 of this
subsection, license means any driver's license, | 4 | | any traffic ticket issued when
the person's driver's license is | 5 | | deposited in lieu of bail, a suspension
notice issued by the | 6 | | Secretary of State, a duplicate or corrected driver's
license, | 7 | | a probationary driver's license or a temporary driver's | 8 | | license.
| 9 | | (b) If any conviction forming the basis of a suspension or
| 10 | | revocation authorized under this Section is appealed, the
| 11 | | Secretary of State may rescind or withhold the entry of the | 12 | | order of suspension
or revocation, as the case may be, provided | 13 | | that a certified copy of a stay
order of a court is filed with | 14 | | the Secretary of State. If the conviction is
affirmed on | 15 | | appeal, the date of the conviction shall relate back to the | 16 | | time
the original judgment of conviction was entered and the 6 | 17 | | month limitation
prescribed shall not apply.
| 18 | | (c) 1. Upon suspending or revoking the driver's license or | 19 | | permit of
any person as authorized in this Section, the | 20 | | Secretary of State shall
immediately notify the person in | 21 | | writing of the revocation or suspension.
The notice to be | 22 | | deposited in the United States mail, postage prepaid,
to the | 23 | | last known address of the person.
| 24 | | 2. If the Secretary of State suspends the driver's | 25 | | license
of a person under subsection 2 of paragraph (a) of | 26 | | this Section, a
person's privilege to operate a vehicle as |
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| 1 | | an occupation shall not be
suspended, provided an affidavit | 2 | | is properly completed, the appropriate fee
received, and a | 3 | | permit issued prior to the effective date of the
| 4 | | suspension, unless 5 offenses were committed, at least 2 of | 5 | | which occurred
while operating a commercial vehicle in | 6 | | connection with the driver's
regular occupation. All other | 7 | | driving privileges shall be suspended by the
Secretary of | 8 | | State. Any driver prior to operating a vehicle for
| 9 | | occupational purposes only must submit the affidavit on | 10 | | forms to be
provided by the Secretary of State setting | 11 | | forth the facts of the person's
occupation. The affidavit | 12 | | shall also state the number of offenses
committed while | 13 | | operating a vehicle in connection with the driver's regular
| 14 | | occupation. The affidavit shall be accompanied by the | 15 | | driver's license.
Upon receipt of a properly completed | 16 | | affidavit, the Secretary of State
shall issue the driver a | 17 | | permit to operate a vehicle in connection with the
driver's | 18 | | regular occupation only. Unless the permit is issued by the
| 19 | | Secretary of State prior to the date of suspension, the | 20 | | privilege to drive
any motor vehicle shall be suspended as | 21 | | set forth in the notice that was
mailed under this Section. | 22 | | If an affidavit is received subsequent to the
effective | 23 | | date of this suspension, a permit may be issued for the | 24 | | remainder
of the suspension period.
| 25 | | The provisions of this subparagraph shall not apply to | 26 | | any driver
required to possess a CDL for the purpose of |
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| 1 | | operating a commercial motor vehicle.
| 2 | | Any person who falsely states any fact in the affidavit | 3 | | required
herein shall be guilty of perjury under Section | 4 | | 6-302 and upon conviction
thereof shall have all driving | 5 | | privileges revoked without further rights.
| 6 | | 3. At the conclusion of a hearing under Section 2-118 | 7 | | of this Code,
the Secretary of State shall either rescind | 8 | | or continue an order of
revocation or shall substitute an | 9 | | order of suspension; or, good
cause appearing therefor, | 10 | | rescind, continue, change, or extend the
order of | 11 | | suspension. If the Secretary of State does not rescind the | 12 | | order,
the Secretary may upon application,
to relieve undue | 13 | | hardship (as defined by the rules of the Secretary of | 14 | | State), issue
a restricted driving permit granting the | 15 | | privilege of driving a motor
vehicle between the | 16 | | petitioner's residence and petitioner's place of
| 17 | | employment or within the scope of the petitioner's | 18 | | employment related duties, or to
allow the petitioner to | 19 | | transport himself or herself, or a family member of the
| 20 | | petitioner's household to a medical facility, to receive | 21 | | necessary medical care, to allow the petitioner to | 22 | | transport himself or herself to and from alcohol or drug
| 23 | | remedial or rehabilitative activity recommended by a | 24 | | licensed service provider, or to allow the petitioner to | 25 | | transport himself or herself or a family member of the | 26 | | petitioner's household to classes, as a student, at an |
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| 1 | | accredited educational institution, or to allow the | 2 | | petitioner to transport children, elderly persons, or | 3 | | disabled persons who do not hold driving privileges and are | 4 | | living in the petitioner's household to and from daycare. | 5 | | The
petitioner must demonstrate that no alternative means | 6 | | of
transportation is reasonably available and that the | 7 | | petitioner will not endanger
the public safety or welfare. | 8 | | Those multiple offenders identified in subdivision (b)4 of | 9 | | Section 6-208 of this Code, however, shall not be eligible | 10 | | for the issuance of a restricted driving permit.
| 11 | |
(A) If a person's license or permit is revoked or | 12 | | suspended due to 2
or more convictions of violating | 13 | | Section 11-501 of this Code or a similar
provision of a | 14 | | local ordinance or a similar out-of-state offense, or | 15 | | Section 9-3 of the Criminal Code of 1961, where the use | 16 | | of alcohol or other drugs is recited as an element of | 17 | | the offense, or a similar out-of-state offense, or a | 18 | | combination of these offenses, arising out
of separate | 19 | | occurrences, that person, if issued a restricted | 20 | | driving permit,
may not operate a vehicle unless it has | 21 | | been equipped with an ignition
interlock device as | 22 | | defined in Section 1-129.1.
| 23 | | (B) If a person's license or permit is revoked or | 24 | | suspended 2 or more
times within a 10 year period due | 25 | | to any combination of: | 26 | | (i) a single conviction of violating Section
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| 1 | | 11-501 of this Code or a similar provision of a | 2 | | local ordinance or a similar
out-of-state offense | 3 | | or Section 9-3 of the Criminal Code of 1961, where | 4 | | the use of alcohol or other drugs is recited as an | 5 | | element of the offense, or a similar out-of-state | 6 | | offense; or | 7 | | (ii) a statutory summary suspension or | 8 | | revocation under Section
11-501.1; or | 9 | | (iii) a suspension under Section 6-203.1; | 10 | | arising out of
separate occurrences; that person, if | 11 | | issued a restricted driving permit, may
not operate a | 12 | | vehicle unless it has been
equipped with an ignition | 13 | | interlock device as defined in Section 1-129.1. | 14 | | (C)
The person issued a permit conditioned upon the | 15 | | use of an ignition interlock device must pay to the | 16 | | Secretary of State DUI Administration Fund an amount
| 17 | | not to exceed $30 per month. The Secretary shall | 18 | | establish by rule the amount
and the procedures, terms, | 19 | | and conditions relating to these fees. | 20 | | (D) If the
restricted driving permit is issued for | 21 | | employment purposes, then the prohibition against | 22 | | operating a motor vehicle that is not equipped with an | 23 | | ignition interlock device does not apply to the | 24 | | operation of an occupational vehicle owned or
leased by | 25 | | that person's employer when used solely for employment | 26 | | purposes. |
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| 1 | | (E) In each case the Secretary may issue a
| 2 | | restricted driving permit for a period deemed | 3 | | appropriate, except that all
permits shall expire | 4 | | within one year from the date of issuance. The | 5 | | Secretary
may not, however, issue a restricted driving | 6 | | permit to any person whose current
revocation is the | 7 | | result of a second or subsequent conviction for a | 8 | | violation
of Section 11-501 of this Code or a similar | 9 | | provision of a local ordinance
or any similar | 10 | | out-of-state offense, or Section 9-3 of the Criminal | 11 | | Code of 1961, where the use of alcohol or other drugs | 12 | | is recited as an element of the offense, or any similar | 13 | | out-of-state offense, or any combination
of those | 14 | | offenses, until the expiration of at least one year | 15 | | from the date of
the revocation. A
restricted driving | 16 | | permit issued under this Section shall be subject to
| 17 | | cancellation, revocation, and suspension by the | 18 | | Secretary of State in like
manner and for like cause as | 19 | | a driver's license issued under this Code may be
| 20 | | cancelled, revoked, or suspended; except that a | 21 | | conviction upon one or more
offenses against laws or | 22 | | ordinances regulating the movement of traffic
shall be | 23 | | deemed sufficient cause for the revocation, | 24 | | suspension, or
cancellation of a restricted driving | 25 | | permit. The Secretary of State may, as
a condition to | 26 | | the issuance of a restricted driving permit, require |
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| 1 | | the
applicant to participate in a designated driver | 2 | | remedial or rehabilitative
program. The Secretary of | 3 | | State is authorized to cancel a restricted
driving | 4 | | permit if the permit holder does not successfully | 5 | | complete the program.
| 6 | | (c-3) In the case of a suspension under paragraph 43 of | 7 | | subsection (a), reports received by the Secretary of State | 8 | | under this Section shall, except during the actual time the | 9 | | suspension is in effect, be privileged information and for use | 10 | | only by the courts, police officers, prosecuting authorities, | 11 | | the driver licensing administrator of any other state, the | 12 | | Secretary of State, or the parent or legal guardian of a driver | 13 | | under the age of 18. However, beginning January 1, 2008, if the | 14 | | person is a CDL holder, the suspension shall also be made | 15 | | available to the driver licensing administrator of any other | 16 | | state, the U.S. Department of Transportation, and the affected | 17 | | driver or motor
carrier or prospective motor carrier upon | 18 | | request.
| 19 | | (c-4) In the case of a suspension under paragraph 43 of | 20 | | subsection (a), the Secretary of State shall notify the person | 21 | | by mail that his or her driving privileges and driver's license | 22 | | will be suspended one month after the date of the mailing of | 23 | | the notice.
| 24 | | (c-5) The Secretary of State may, as a condition of the | 25 | | reissuance of a
driver's license or permit to an applicant | 26 | | whose driver's license or permit has
been suspended before he |
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| 1 | | or she reached the age of 21 years pursuant to any of
the | 2 | | provisions of this Section, require the applicant to | 3 | | participate in a
driver remedial education course and be | 4 | | retested under Section 6-109 of this
Code.
| 5 | | (d) This Section is subject to the provisions of the | 6 | | Drivers License
Compact.
| 7 | | (e) The Secretary of State shall not issue a restricted | 8 | | driving permit to
a person under the age of 16 years whose | 9 | | driving privileges have been suspended
or revoked under any | 10 | | provisions of this Code.
| 11 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 12 | | State may not issue a restricted driving permit for the | 13 | | operation of a commercial motor vehicle to a person holding a | 14 | | CDL whose driving privileges have been suspended, revoked, | 15 | | cancelled, or disqualified under any provisions of this Code. | 16 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 17 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 18 | | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | 19 | | eff. 8-12-11; revised 9-15-11.)
| 20 | | (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
| 21 | | Sec. 11-204.1. Aggravated fleeing or attempting
to elude a | 22 | | peace
officer. | 23 | | (a) The offense of aggravated fleeing or attempting to | 24 | | elude a peace officer
is committed by any driver or operator of | 25 | | a motor vehicle who flees or attempts
to elude a peace officer, |
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| 1 | | after being given a visual or audible
signal
by a peace officer | 2 | | in the manner prescribed in subsection (a) of
Section
11-204 of | 3 | | this Code, and such flight or attempt to elude:
| 4 | | (1) is at a rate of speed at least 21 miles per hour | 5 | | over the legal
speed
limit;
| 6 | | (2) causes bodily injury to any individual;
| 7 | | (3) causes damage in excess of $300 to property; or
| 8 | | (4) involves disobedience of 2 or more official traffic | 9 | | control
devices ; or .
| 10 | | (5) involves the concealing or altering of the | 11 | | vehicle's registration plate. | 12 | | (b) Any person convicted of a first violation of this | 13 | | Section shall be
guilty of a Class 4 felony. Upon notice of | 14 | | such a conviction the Secretary
of State shall forthwith revoke | 15 | | the driver's license of the person so
convicted, as provided in | 16 | | Section 6-205 of this Code. Any person convicted
of a second or | 17 | | subsequent violation of this Section shall be guilty of a Class
| 18 | | 3
felony,
and upon notice of such a conviction the Secretary of | 19 | | State shall forthwith
revoke the driver's license of the person | 20 | | convicted, as provided in Section
6-205 of the Code.
| 21 | | (c) The motor vehicle used in a violation of this Section | 22 | | is subject to
seizure and forfeiture as provided in Sections | 23 | | 36-1 and 36-2 of the Criminal
Code of 1961.
| 24 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 25 | | (625 ILCS 5/11-1302) (from Ch. 95 1/2, par. 11-1302)
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| 1 | | Sec. 11-1302. Officers authorized to remove vehicles. (a) | 2 | | Whenever any police officer
finds a vehicle
in violation of any | 3 | | of the provisions of Section
11-1301 such officer is hereby | 4 | | authorized to move such vehicle, or require the
driver or other | 5 | | person in charge of the vehicle to move the same, to a position
| 6 | | off the roadway.
| 7 | | (b) Any police officer is hereby authorized to remove or | 8 | | cause to be removed
to a place of safety any unattended
vehicle | 9 | | illegally left standing upon any highway, bridge, causeway,
or | 10 | | in a tunnel, in such a
position or under such circumstances as | 11 | | to obstruct the normal movement of traffic.
| 12 | | Whenever the Department finds an abandoned or disabled | 13 | | vehicle
standing upon the paved or main-traveled part of a | 14 | | highway, which
vehicle is or may be expected to interrupt the | 15 | | free flow of traffic
on the highway or interfere with the | 16 | | maintenance of the highway,
the Department is authorized to | 17 | | move the vehicle to a position off
the paved or improved or | 18 | | main-traveled part of the highway.
| 19 | | (c) Any police officer is hereby authorized to remove or | 20 | | cause
to be removed to the nearest garage or other place of | 21 | | safety any
vehicle found upon a highway when:
| 22 | | 1. Report has been made that such vehicle has been stolen | 23 | | or
taken without the consent of its owner, or
| 24 | | 2. The person or persons in charge of such vehicle are | 25 | | unable
to provide for its custody or removal, or
| 26 | | 3. When the person driving or in control of such vehicle is
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| 1 | | arrested for an alleged offense for which the officer is | 2 | | required
by law to take the person arrested before a proper | 3 | | magistrate without
unnecessary delay , or .
| 4 | | 4. When the registration of the vehicle has been suspended, | 5 | | cancelled, or revoked. | 6 | | (Source: P.A. 79-1069.)
| 7 | | (625 ILCS 5/11-1403) (from Ch. 95 1/2, par. 11-1403)
| 8 | | Sec. 11-1403. Riding on motorcycles. (a) A person operating | 9 | | a
motorcycle shall ride only upon the permanent and regular | 10 | | seat attached
thereto, and such operator shall not carry any | 11 | | other person nor shall any
other person ride on a motorcycle | 12 | | unless such motorcycle is designed to
carry more than one | 13 | | person, in which event a passenger may ride upon the
permanent | 14 | | and regular seat if designed for 2 persons, or upon another | 15 | | seat
firmly attached to the motorcycle at the rear or side of | 16 | | the operator.
| 17 | | (b) A person shall ride upon a motorcycle only while | 18 | | sitting astride the
seat, facing forward, with one leg on each | 19 | | side of the motorcycle.
| 20 | | (c) No person shall operate any motorcycle with handlebar | 21 | | grips handlebars higher than
the height of the head shoulders | 22 | | of the operator when the operator is seated in
the normal | 23 | | driving position astride that portion of the seat or saddle
| 24 | | occupied by the operator.
| 25 | | (d) The operator of any motorcycle shall keep at least one |
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| 1 | | hand on a handlebar grip at all times the motorcycle is in | 2 | | motion. | 3 | | (Source: P.A. 84-602.)
| 4 | | (625 ILCS 5/11-1403.2) (from Ch. 95 1/2, par. 11-1403.2)
| 5 | | Sec. 11-1403.2. Operating a motorcycle, motor driven | 6 | | cycle, or moped on one wheel; aggravated operating a | 7 | | motorcycle, motor driven cycle, or moped on one wheel. | 8 | | (a) No person shall operate a motorcycle, motor driven
| 9 | | cycle, or moped on one wheel.
| 10 | | (b) Aggravated operating a motorcycle, motor driven cycle, | 11 | | or moped on one wheel. A person commits aggravated operating a | 12 | | motorcycle, motor driven cycle, or moped on one wheel when he | 13 | | or she violates subsection (a) of this Section while committing | 14 | | a violation of subsection (b) of Section 11-601 of this Code. A | 15 | | violation of this subsection is a petty offense with a minimum | 16 | | fine of $100, except a second conviction of a violation of this | 17 | | subsection is a Class B misdemeanor and a third or subsequent | 18 | | conviction of a violation of this subsection is a Class A | 19 | | misdemeanor. | 20 | | (Source: P.A. 96-554, eff. 1-1-10.)
| 21 | | (625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
| 22 | | Sec. 12-208. Signal lamps and signal devices.
| 23 | | (a) Every vehicle other than an antique vehicle displaying | 24 | | an antique
plate or an expanded-use antique vehicle displaying |
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| 1 | | expanded-use antique vehicle plates operated in this State | 2 | | shall be equipped with a stop lamp or lamps on
the rear of the | 3 | | vehicle which shall display a red or amber light visible
from a | 4 | | distance of not less than 500 feet to the rear in normal | 5 | | sunlight
and which shall be actuated upon application of the | 6 | | service (foot) brake,
and which may but need not be | 7 | | incorporated with other rear lamps. During
times when lighted | 8 | | lamps are not required, an antique vehicle or an expanded-use | 9 | | antique vehicle may be
equipped with a stop lamp or lamps on | 10 | | the rear of such vehicle of the same
type originally installed | 11 | | by the manufacturer as original equipment and in
working order. | 12 | | However, at all other times, except as provided in subsection
| 13 | | (a-1), such antique vehicle or expanded-use antique vehicle | 14 | | must be
equipped with stop lamps meeting the requirements of | 15 | | Section 12-208 of this
Act.
| 16 | | (a-1) An antique vehicle or an expanded-use antique | 17 | | vehicle, including an antique motorcycle, may display a blue | 18 | | light or lights of up to one
inch in diameter as part of the | 19 | | vehicle's rear stop lamp or lamps.
| 20 | | (b) Every motor vehicle other than an antique vehicle | 21 | | displaying an
antique plate or an expanded-use antique vehicle | 22 | | displaying expanded-use antique vehicle plates shall be | 23 | | equipped with an electric turn signal device which
shall | 24 | | indicate the intention of the driver to turn to the right or to | 25 | | the
left in the form of flashing lights located at and showing | 26 | | to the front and
rear of the vehicle on the side of the vehicle |
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| 1 | | toward which the turn is to
be made. The lamps showing to the | 2 | | front shall be mounted on the same level
and as widely spaced | 3 | | laterally as practicable and, when signaling, shall
emit a | 4 | | white or amber light, or any shade of light between white and | 5 | | amber.
The lamps showing to the rear shall be mounted on the | 6 | | same level and as
widely spaced laterally as practicable and, | 7 | | when signaling, shall emit a
red or amber light. An antique | 8 | | vehicle or expanded-use antique vehicle shall be equipped with | 9 | | a turn signal
device of the same type originally installed by | 10 | | the manufacturer as
original equipment and in working order.
| 11 | | (c) Every trailer and semitrailer shall be equipped with an | 12 | | electric
turn signal device which indicates the intention of | 13 | | the driver in the power
unit to turn to the right or to the left | 14 | | in the form of flashing red or
amber lights located at the rear | 15 | | of the vehicle on the side toward which
the turn is to be made | 16 | | and mounted on the same level and as widely spaced
laterally as | 17 | | practicable.
| 18 | | (d) Turn signal lamps must be visible from a distance of | 19 | | not less than
300 feet in normal sunlight.
| 20 | | (e) Motorcycles and motor-driven cycles need not be | 21 | | equipped with
electric turn signals. Antique vehicles and | 22 | | expanded-use antique vehicles need not be equipped with turn
| 23 | | signals unless such were installed by the manufacturer as | 24 | | original
equipment.
| 25 | | (f) (Blank).
| 26 | | (g) Motorcycles and motor-driven cycles may be equipped |
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| 1 | | with a stop lamp or lamps on the rear of the vehicle that | 2 | | display a red or amber light, visible from a distance of not | 3 | | less than 500 feet to the rear in normal sunlight, that flashes | 4 | | and becomes steady only when the brake is actuated. | 5 | | (Source: P.A. 96-487, eff. 1-1-10; 97-412, eff. 1-1-12.)
| 6 | | (625 ILCS 5/12-610.5 rep.) | 7 | | Section 10. The Illinois Vehicle Code is amended by | 8 | | repealing Section 12-610.5.
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