Full Text of HB4445 099th General Assembly
HB4445enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Section 12 as follows: | 6 | | (15 ILCS 335/12) (from Ch. 124, par. 32) | 7 | | Sec. 12. Fees concerning Standard Illinois Identification | 8 | | Cards. The fees required under this Act for standard Illinois
| 9 | | Identification Cards must accompany any application provided | 10 | | for in this
Act, and the Secretary shall collect such fees as | 11 | | follows: | |
12 | | a. Original card ............................... | $20 | |
13 | | b. Renewal card ................................ | 20 | |
14 | | c. Corrected card .............................. | 10 | |
15 | | d. Duplicate card .............................. | 20 | |
16 | | e. Certified copy with seal ................... | 5 | |
17 | | f. Search ..................................... | 2 | |
18 | | g. Applicant 65 years of age or over .......... | No Fee | |
19 | | h. (Blank) .................................... | | |
20 | | i. Individual living in Veterans | | |
21 | | Home or Hospital ........................... | No Fee | |
22 | | j. Original card under 18 years of age .......... | $10 | |
23 | | k. Renewal card under 18 years of age ........... | $10 | |
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| 1 | | l. Corrected card under 18 years of age ......... | $5 | |
2 | | m. Duplicate card under 18 years of age ......... | $10 | |
3 | | n. Homeless person .............................. | No Fee | |
4 | | o. Duplicate card issued to an active-duty | | |
5 | | member of the United States Armed Forces, the | | |
6 | | member's spouse, or dependent children | | |
7 | | living with the member ...................... | No Fee | |
8 | | p. Duplicate temporary card ..................... | $5 |
| 9 | | All fees collected under this Act shall be paid into the | 10 | | Road Fund of the State treasury, except that the following | 11 | | amounts shall be paid into the General Revenue Fund:
(i) 80% of | 12 | | the fee for an original, renewal, or duplicate Illinois | 13 | | Identification Card issued on or after January 1, 2005;
and | 14 | | (ii) 80% of the fee for a corrected Illinois Identification | 15 | | Card issued on or after January 1, 2005.
| 16 | | An individual, who resides in a veterans home or veterans | 17 | | hospital
operated by the state or federal government, who makes | 18 | | an application for an
Illinois Identification Card to be issued | 19 | | at no fee, must submit, along
with the application, an | 20 | | affirmation by the applicant on a form provided by
the | 21 | | Secretary of State, that such person resides in a veterans home | 22 | | or
veterans hospital operated by the state or federal | 23 | | government. | 24 | | The application of a homeless individual for an Illinois | 25 | | Identification Card to be issued at no fee must be accompanied | 26 | | by an affirmation by a qualified person, as defined in Section |
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| 1 | | 4C of this Act, on a form provided by the Secretary of State, | 2 | | that the applicant is currently homeless as defined in Section | 3 | | 1A of this Act. | 4 | | The fee for any duplicate identification card shall be | 5 | | waived for any person who presents the Secretary of State's | 6 | | Office with a police report showing that his or her | 7 | | identification card was stolen. | 8 | | The fee for any duplicate identification card shall be | 9 | | waived for any person age 60 or older whose identification card | 10 | | has been lost or stolen. | 11 | | As used in this Section, "active-duty member of the United | 12 | | States Armed Forces" means a member of the Armed Services or | 13 | | Reserve Forces of the United States or a member of the Illinois | 14 | | National Guard who is called to active duty pursuant to an | 15 | | executive order of the President of the United States, an act | 16 | | of the Congress of the United States, or an order of the | 17 | | Governor. | 18 | | (Source: P.A. 96-183, eff. 7-1-10; 96-1231, eff. 7-23-10; | 19 | | 97-333, eff. 8-12-11; 97-1064, eff. 1-1-13.)
| 20 | | Section 10. The Illinois Vehicle Code is amended by | 21 | | changing Sections 3-821, 6-206, 6-507 and 6-508.1 as follows:
| 22 | | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
| 23 | | Sec. 3-821. Miscellaneous Registration and Title Fees.
| 24 | | (a) The fee to be paid to the Secretary of State for the |
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| 1 | | following
certificates, registrations or evidences of proper | 2 | | registration, or for
corrected or duplicate documents shall be | 3 | | in accordance with the following
schedule:
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4 | | Certificate of Title, except for an all-terrain |
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5 | | vehicle or off-highway motorcycle |
$95 |
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6 | | Certificate of Title for an all-terrain vehicle |
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7 | | or off-highway motorcycle |
$30 |
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8 | | Certificate of Title for an all-terrain
vehicle |
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9 | | or off-highway motorcycle used for production |
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10 | | agriculture, or accepted by a dealer in trade | 13 | |
11 | | Certificate of Title for a low-speed vehicle | 30 |
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12 | | Transfer of Registration or any evidence of |
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13 | | proper registration
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$25 |
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14 | | Duplicate Registration Card for plates or other |
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15 | | evidence of proper registration |
3 |
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16 | | Duplicate Registration Sticker or Stickers, each | 20 |
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17 | | Duplicate Certificate of Title |
95 |
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18 | | Corrected Registration Card or Card for other |
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19 | | evidence of proper registration |
3 |
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20 | | Corrected Certificate of Title |
95 |
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21 | | Salvage Certificate |
4 |
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22 | | Fleet Reciprocity Permit |
15 |
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23 | | Prorate Decal |
1 |
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24 | | Prorate Backing Plate |
3 |
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25 | | Special Corrected Certificate of Title | 15
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| 1 | | Expedited Title Service (to be charged in addition | 2 | | to other applicable fees) | 30 | |
3 | | Dealer Lien Release Certificate of Title | 20 |
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4 | | A special corrected certificate of title shall be issued | 5 | | (i) to remove a co-owner's name due to the death of the | 6 | | co-owner, to transfer title to a spouse if the decedent-spouse | 7 | | was the sole owner on the title, or due to a divorce or (ii) to | 8 | | change a co-owner's name due to a marriage.
| 9 | | There shall be no fee paid for a Junking Certificate.
| 10 | | There shall be no fee paid for a certificate of title | 11 | | issued to a county when the vehicle is forfeited to the county | 12 | | under Article 36 of the Criminal Code of 2012. | 13 | | (a-5) The Secretary of State may revoke a certificate of | 14 | | title and registration card and issue a corrected certificate | 15 | | of title and registration card, at no fee to the vehicle owner | 16 | | or lienholder, if there is proof that the vehicle | 17 | | identification number is erroneously shown on the original | 18 | | certificate of title.
| 19 | | (a-10) The Secretary of State may issue, in connection with | 20 | | the sale of a motor vehicle, a corrected title to a motor | 21 | | vehicle dealer upon application and submittal of a lien release | 22 | | letter from the lienholder listed in the files of the | 23 | | Secretary. In the case of a title issued by another state, the | 24 | | dealer must submit proof from the state that issued the last | 25 | | title. The corrected title, which shall be known as a dealer | 26 | | lien release certificate of title, shall be issued in the name |
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| 1 | | of the vehicle owner without the named lienholder. If the motor | 2 | | vehicle is currently titled in a state other than Illinois, the | 3 | | applicant must submit either (i) a letter from the current | 4 | | lienholder releasing the lien and stating that the lienholder | 5 | | has possession of the title; or (ii) a letter from the current | 6 | | lienholder releasing the lien and a copy of the records of the | 7 | | department of motor vehicles for the state in which the vehicle | 8 | | is titled, showing that the vehicle is titled in the name of | 9 | | the applicant and that no liens are recorded other than the | 10 | | lien for which a release has been submitted. The fee for the | 11 | | dealer lien release certificate of title is $20. | 12 | | (b) The Secretary may prescribe the maximum service charge | 13 | | to be
imposed upon an applicant for renewal of a registration | 14 | | by any person
authorized by law to receive and remit or | 15 | | transmit to the Secretary such
renewal application and fees | 16 | | therewith.
| 17 | | (c) If payment is delivered to the Office of the Secretary | 18 | | of State
as payment of any fee or tax under this Code, and such | 19 | | payment is not
honored for any reason, the registrant
or other | 20 | | person tendering the payment remains liable for the payment of
| 21 | | such fee or tax. The Secretary of State may assess a service | 22 | | charge of $25
in addition to the fee or tax due and owing for | 23 | | all dishonored payments.
| 24 | | If the total amount then due and owing exceeds the sum of | 25 | | $100 and
has not been paid in full within 60 days from the date | 26 | | the dishonored payment was first delivered such fee or tax
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| 1 | | became due to the Secretary of State, the Secretary of State | 2 | | shall
assess a penalty of 25% of such amount remaining unpaid.
| 3 | | All amounts payable under this Section shall be computed to | 4 | | the
nearest dollar. Out of each fee collected for dishonored | 5 | | payments, $5 shall be deposited in the Secretary of State | 6 | | Special Services Fund.
| 7 | | (d) The minimum fee and tax to be paid by any applicant for
| 8 | | apportionment of a fleet of vehicles under this Code shall be | 9 | | $15
if the application was filed on or before the date | 10 | | specified by the
Secretary together with fees and taxes due. If | 11 | | an application and the
fees or taxes due are filed after the | 12 | | date specified by the Secretary,
the Secretary may prescribe | 13 | | the payment of interest at the rate of 1/2
of 1% per month or | 14 | | fraction thereof after such due date and a minimum of
$8.
| 15 | | (e) Trucks, truck tractors, truck tractors with loads, and | 16 | | motor buses,
any one of which having a combined total weight in | 17 | | excess of 12,000 lbs.
shall file an application for a Fleet | 18 | | Reciprocity Permit issued by the
Secretary of State. This | 19 | | permit shall be in the possession of any driver
operating a | 20 | | vehicle on Illinois highways. Any foreign licensed vehicle of | 21 | | the
second division operating at any time in Illinois without a | 22 | | Fleet Reciprocity
Permit or other proper Illinois | 23 | | registration, shall subject the operator to the
penalties | 24 | | provided in Section 3-834 of this Code. For the purposes of | 25 | | this
Code, "Fleet Reciprocity Permit" means any second division | 26 | | motor vehicle with a
foreign license and used only in |
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| 1 | | interstate transportation of goods. The fee
for such permit | 2 | | shall be $15 per fleet which shall include all
vehicles of the | 3 | | fleet being registered.
| 4 | | (f) For purposes of this Section, "all-terrain vehicle or | 5 | | off-highway
motorcycle used for production agriculture" means | 6 | | any all-terrain vehicle or
off-highway motorcycle used in the | 7 | | raising
of or the propagation of livestock, crops for sale for | 8 | | human consumption,
crops for livestock consumption, and | 9 | | production seed stock grown for the
propagation of feed grains | 10 | | and the husbandry of animals or for the purpose
of providing a | 11 | | food product, including the husbandry of blood stock as a
main | 12 | | source of providing a food product.
"All-terrain vehicle or | 13 | | off-highway motorcycle used in production agriculture"
also | 14 | | means any all-terrain vehicle or off-highway motorcycle used in | 15 | | animal
husbandry, floriculture, aquaculture, horticulture, and | 16 | | viticulture.
| 17 | | (g) All of the proceeds of the additional fees imposed by | 18 | | Public Act 96-34 shall be deposited into the Capital Projects | 19 | | Fund. | 20 | | (Source: P.A. 99-260, eff. 1-1-16 .)
| 21 | | (625 ILCS 5/6-206)
| 22 | | Sec. 6-206. Discretionary authority to suspend or revoke | 23 | | license or
permit; Right to a hearing.
| 24 | | (a) The Secretary of State is authorized to suspend or | 25 | | revoke the
driving privileges of any person without preliminary |
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| 1 | | hearing upon a showing
of the person's records or other | 2 | | sufficient evidence that
the person:
| 3 | | 1. Has committed an offense for which mandatory | 4 | | revocation of
a driver's license or permit is required upon | 5 | | conviction;
| 6 | | 2. Has been convicted of not less than 3 offenses | 7 | | against traffic
regulations governing the movement of | 8 | | vehicles committed within any 12
month period. No | 9 | | revocation or suspension shall be entered more than
6 | 10 | | months after the date of last conviction;
| 11 | | 3. Has been repeatedly involved as a driver in motor | 12 | | vehicle
collisions or has been repeatedly convicted of | 13 | | offenses against laws and
ordinances regulating the | 14 | | movement of traffic, to a degree that
indicates lack of | 15 | | ability to exercise ordinary and reasonable care in
the | 16 | | safe operation of a motor vehicle or disrespect for the | 17 | | traffic laws
and the safety of other persons upon the | 18 | | highway;
| 19 | | 4. Has by the unlawful operation of a motor vehicle | 20 | | caused or
contributed to an accident resulting in injury | 21 | | requiring
immediate professional treatment in a medical | 22 | | facility or doctor's office
to any person, except that any | 23 | | suspension or revocation imposed by the
Secretary of State | 24 | | under the provisions of this subsection shall start no
| 25 | | later than 6 months after being convicted of violating a | 26 | | law or
ordinance regulating the movement of traffic, which |
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| 1 | | violation is related
to the accident, or shall start not | 2 | | more than one year
after
the date of the accident, | 3 | | whichever date occurs later;
| 4 | | 5. Has permitted an unlawful or fraudulent use of a | 5 | | driver's
license, identification card, or permit;
| 6 | | 6. Has been lawfully convicted of an offense or | 7 | | offenses in another
state, including the authorization | 8 | | contained in Section 6-203.1, which
if committed within | 9 | | this State would be grounds for suspension or revocation;
| 10 | | 7. Has refused or failed to submit to an examination | 11 | | provided for by
Section 6-207 or has failed to pass the | 12 | | examination;
| 13 | | 8. Is ineligible for a driver's license or permit under | 14 | | the provisions
of Section 6-103;
| 15 | | 9. Has made a false statement or knowingly concealed a | 16 | | material fact
or has used false information or | 17 | | identification in any application for a
license, | 18 | | identification card, or permit;
| 19 | | 10. Has possessed, displayed, or attempted to | 20 | | fraudulently use any
license, identification card, or | 21 | | permit not issued to the person;
| 22 | | 11. Has operated a motor vehicle upon a highway of this | 23 | | State when
the person's driving privilege or privilege to | 24 | | obtain a driver's license
or permit was revoked or | 25 | | suspended unless the operation was authorized by
a | 26 | | monitoring device driving permit, judicial driving permit |
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| 1 | | issued prior to January 1, 2009, probationary license to | 2 | | drive, or a restricted
driving permit issued under this | 3 | | Code;
| 4 | | 12. Has submitted to any portion of the application | 5 | | process for
another person or has obtained the services of | 6 | | another person to submit to
any portion of the application | 7 | | process for the purpose of obtaining a
license, | 8 | | identification card, or permit for some other person;
| 9 | | 13. Has operated a motor vehicle upon a highway of this | 10 | | State when
the person's driver's license or permit was | 11 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 12 | | 14. Has committed a violation of Section 6-301, | 13 | | 6-301.1, or 6-301.2
of this Code Act , or Section 14, 14A, | 14 | | or 14B of the Illinois Identification Card
Act;
| 15 | | 15. Has been convicted of violating Section 21-2 of the | 16 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 17 | | to criminal trespass to vehicles in which case, the | 18 | | suspension
shall be for one year;
| 19 | | 16. Has been convicted of violating Section 11-204 of | 20 | | this Code relating
to fleeing from a peace officer;
| 21 | | 17. Has refused to submit to a test, or tests, as | 22 | | required under Section
11-501.1 of this Code and the person | 23 | | has not sought a hearing as
provided for in Section | 24 | | 11-501.1;
| 25 | | 18. Has, since issuance of a driver's license or | 26 | | permit, been adjudged
to be afflicted with or suffering |
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| 1 | | from any mental disability or disease;
| 2 | | 19. Has committed a violation of paragraph (a) or (b) | 3 | | of Section 6-101
relating to driving without a driver's | 4 | | license;
| 5 | | 20. Has been convicted of violating Section 6-104 | 6 | | relating to
classification of driver's license;
| 7 | | 21. Has been convicted of violating Section 11-402 of
| 8 | | this Code relating to leaving the scene of an accident | 9 | | resulting in damage
to a vehicle in excess of $1,000, in | 10 | | which case the suspension shall be
for one year;
| 11 | | 22. Has used a motor vehicle in violating paragraph | 12 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 13 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 14 | | relating
to unlawful use of weapons, in which case the | 15 | | suspension shall be for one
year;
| 16 | | 23. Has, as a driver, been convicted of committing a | 17 | | violation of
paragraph (a) of Section 11-502 of this Code | 18 | | for a second or subsequent
time within one year of a | 19 | | similar violation;
| 20 | | 24. Has been convicted by a court-martial or punished | 21 | | by non-judicial
punishment by military authorities of the | 22 | | United States at a military
installation in Illinois or in | 23 | | another state of or for a traffic related offense that is | 24 | | the
same as or similar to an offense specified under | 25 | | Section 6-205 or 6-206 of
this Code;
| 26 | | 25. Has permitted any form of identification to be used |
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| 1 | | by another in
the application process in order to obtain or | 2 | | attempt to obtain a license,
identification card, or | 3 | | permit;
| 4 | | 26. Has altered or attempted to alter a license or has | 5 | | possessed an
altered license, identification card, or | 6 | | permit;
| 7 | | 27. Has violated Section 6-16 of the Liquor Control Act | 8 | | of 1934;
| 9 | | 28. Has been convicted for a first time of the illegal | 10 | | possession, while operating or
in actual physical control, | 11 | | as a driver, of a motor vehicle, of any
controlled | 12 | | substance prohibited under the Illinois Controlled | 13 | | Substances
Act, any cannabis prohibited under the Cannabis | 14 | | Control
Act, or any methamphetamine prohibited under the | 15 | | Methamphetamine Control and Community Protection Act, in | 16 | | which case the person's driving privileges shall be | 17 | | suspended for
one year.
Any defendant found guilty of this | 18 | | offense while operating a motor vehicle,
shall have an | 19 | | entry made in the court record by the presiding judge that
| 20 | | this offense did occur while the defendant was operating a | 21 | | motor vehicle
and order the clerk of the court to report | 22 | | the violation to the Secretary
of State;
| 23 | | 29. Has been convicted of the following offenses that | 24 | | were committed
while the person was operating or in actual | 25 | | physical control, as a driver,
of a motor vehicle: criminal | 26 | | sexual assault,
predatory criminal sexual assault of a |
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| 1 | | child,
aggravated criminal sexual
assault, criminal sexual | 2 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 3 | | soliciting for a juvenile prostitute, promoting juvenile | 4 | | prostitution as described in subdivision (a)(1), (a)(2), | 5 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 6 | | or the Criminal Code of 2012, and the manufacture, sale or
| 7 | | delivery of controlled substances or instruments used for | 8 | | illegal drug use
or abuse in which case the driver's | 9 | | driving privileges shall be suspended
for one year;
| 10 | | 30. Has been convicted a second or subsequent time for | 11 | | any
combination of the offenses named in paragraph 29 of | 12 | | this subsection,
in which case the person's driving | 13 | | privileges shall be suspended for 5
years;
| 14 | | 31. Has refused to submit to a test as
required by | 15 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 16 | | Registration and Safety Act or has submitted to a test | 17 | | resulting in
an alcohol concentration of 0.08 or more or | 18 | | any amount of a drug, substance, or
compound resulting from | 19 | | the unlawful use or consumption of cannabis as listed
in | 20 | | the Cannabis Control Act, a controlled substance as listed | 21 | | in the Illinois
Controlled Substances Act, an intoxicating | 22 | | compound as listed in the Use of
Intoxicating Compounds | 23 | | Act, or methamphetamine as listed in the Methamphetamine | 24 | | Control and Community Protection Act, in which case the | 25 | | penalty shall be
as prescribed in Section 6-208.1;
| 26 | | 32. Has been convicted of Section 24-1.2 of the |
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| 1 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 2 | | to the aggravated discharge of a firearm if the offender | 3 | | was
located in a motor vehicle at the time the firearm was | 4 | | discharged, in which
case the suspension shall be for 3 | 5 | | years;
| 6 | | 33. Has as a driver, who was less than 21 years of age | 7 | | on the date of
the offense, been convicted a first time of | 8 | | a violation of paragraph (a) of
Section 11-502 of this Code | 9 | | or a similar provision of a local ordinance;
| 10 | | 34. Has committed a violation of Section 11-1301.5 of | 11 | | this Code or a similar provision of a local ordinance;
| 12 | | 35. Has committed a violation of Section 11-1301.6 of | 13 | | this Code or a similar provision of a local ordinance;
| 14 | | 36. Is under the age of 21 years at the time of arrest | 15 | | and has been
convicted of not less than 2 offenses against | 16 | | traffic regulations governing
the movement of vehicles | 17 | | committed within any 24 month period. No revocation
or | 18 | | suspension shall be entered more than 6 months after the | 19 | | date of last
conviction;
| 20 | | 37. Has committed a violation of subsection (c) of | 21 | | Section 11-907 of this
Code that resulted in damage to the | 22 | | property of another or the death or injury of another;
| 23 | | 38. Has been convicted of a violation of Section 6-20 | 24 | | of the Liquor
Control Act of 1934 or a similar provision of | 25 | | a local ordinance;
| 26 | | 39. Has committed a second or subsequent violation of |
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| 1 | | Section
11-1201 of this Code;
| 2 | | 40. Has committed a violation of subsection (a-1) of | 3 | | Section 11-908 of
this Code; | 4 | | 41. Has committed a second or subsequent violation of | 5 | | Section 11-605.1 of this Code, a similar provision of a | 6 | | local ordinance, or a similar violation in any other state | 7 | | within 2 years of the date of the previous violation, in | 8 | | which case the suspension shall be for 90 days; | 9 | | 42. Has committed a violation of subsection (a-1) of | 10 | | Section 11-1301.3 of this Code or a similar provision of a | 11 | | local ordinance;
| 12 | | 43. Has received a disposition of court supervision for | 13 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 14 | | of the Liquor
Control Act of 1934 or a similar provision of | 15 | | a local ordinance, in which case the suspension shall be | 16 | | for a period of 3 months;
| 17 | | 44.
Is under the age of 21 years at the time of arrest | 18 | | and has been convicted of an offense against traffic | 19 | | regulations governing the movement of vehicles after | 20 | | having previously had his or her driving privileges
| 21 | | suspended or revoked pursuant to subparagraph 36 of this | 22 | | Section; | 23 | | 45.
Has, in connection with or during the course of a | 24 | | formal hearing conducted under Section 2-118 of this Code: | 25 | | (i) committed perjury; (ii) submitted fraudulent or | 26 | | falsified documents; (iii) submitted documents that have |
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| 1 | | been materially altered; or (iv) submitted, as his or her | 2 | | own, documents that were in fact prepared or composed for | 3 | | another person; | 4 | | 46. Has committed a violation of subsection (j) of | 5 | | Section 3-413 of this Code; or
| 6 | | 47. Has committed a violation of Section 11-502.1 of | 7 | | this Code ; or . | 8 | | 48. Has submitted a falsified or altered medical | 9 | | examiner's certificate to the Secretary of State or | 10 | | provided false information to obtain a medical examiner's | 11 | | certificate. | 12 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 13 | | and 27 of this
subsection, license means any driver's license, | 14 | | any traffic ticket issued when
the person's driver's license is | 15 | | deposited in lieu of bail, a suspension
notice issued by the | 16 | | Secretary of State, a duplicate or corrected driver's
license, | 17 | | a probationary driver's license or a temporary driver's | 18 | | license. | 19 | | (b) If any conviction forming the basis of a suspension or
| 20 | | revocation authorized under this Section is appealed, the
| 21 | | Secretary of State may rescind or withhold the entry of the | 22 | | order of suspension
or revocation, as the case may be, provided | 23 | | that a certified copy of a stay
order of a court is filed with | 24 | | the Secretary of State. If the conviction is
affirmed on | 25 | | appeal, the date of the conviction shall relate back to the | 26 | | time
the original judgment of conviction was entered and the 6 |
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| 1 | | month limitation
prescribed shall not apply.
| 2 | | (c) 1. Upon suspending or revoking the driver's license or | 3 | | permit of
any person as authorized in this Section, the | 4 | | Secretary of State shall
immediately notify the person in | 5 | | writing of the revocation or suspension.
The notice to be | 6 | | deposited in the United States mail, postage prepaid,
to the | 7 | | last known address of the person.
| 8 | | 2. If the Secretary of State suspends the driver's license
| 9 | | of a person under subsection 2 of paragraph (a) of this | 10 | | Section, a
person's privilege to operate a vehicle as an | 11 | | occupation shall not be
suspended, provided an affidavit is | 12 | | properly completed, the appropriate fee
received, and a permit | 13 | | issued prior to the effective date of the
suspension, unless 5 | 14 | | offenses were committed, at least 2 of which occurred
while | 15 | | operating a commercial vehicle in connection with the driver's
| 16 | | regular occupation. All other driving privileges shall be | 17 | | suspended by the
Secretary of State. Any driver prior to | 18 | | operating a vehicle for
occupational purposes only must submit | 19 | | the affidavit on forms to be
provided by the Secretary of State | 20 | | setting forth the facts of the person's
occupation. The | 21 | | affidavit shall also state the number of offenses
committed | 22 | | while operating a vehicle in connection with the driver's | 23 | | regular
occupation. The affidavit shall be accompanied by the | 24 | | driver's license.
Upon receipt of a properly completed | 25 | | affidavit, the Secretary of State
shall issue the driver a | 26 | | permit to operate a vehicle in connection with the
driver's |
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| 1 | | regular occupation only. Unless the permit is issued by the
| 2 | | Secretary of State prior to the date of suspension, the | 3 | | privilege to drive
any motor vehicle shall be suspended as set | 4 | | forth in the notice that was
mailed under this Section. If an | 5 | | affidavit is received subsequent to the
effective date of this | 6 | | suspension, a permit may be issued for the remainder
of the | 7 | | suspension period.
| 8 | | The provisions of this subparagraph shall not apply to any | 9 | | driver
required to possess a CDL for the purpose of operating a | 10 | | commercial motor vehicle.
| 11 | | Any person who falsely states any fact in the affidavit | 12 | | required
herein shall be guilty of perjury under Section 6-302 | 13 | | and upon conviction
thereof shall have all driving privileges | 14 | | revoked without further rights.
| 15 | | 3. At the conclusion of a hearing under Section 2-118 of | 16 | | this Code,
the Secretary of State shall either rescind or | 17 | | continue an order of
revocation or shall substitute an order of | 18 | | suspension; or, good
cause appearing therefor, rescind, | 19 | | continue, change, or extend the
order of suspension. If the | 20 | | Secretary of State does not rescind the order,
the Secretary | 21 | | may upon application,
to relieve undue hardship (as defined by | 22 | | the rules of the Secretary of State), issue
a restricted | 23 | | driving permit granting the privilege of driving a motor
| 24 | | vehicle between the petitioner's residence and petitioner's | 25 | | place of
employment or within the scope of the petitioner's | 26 | | employment related duties, or to
allow the petitioner to |
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| 1 | | transport himself or herself, or a family member of the
| 2 | | petitioner's household to a medical facility, to receive | 3 | | necessary medical care, to allow the petitioner to transport | 4 | | himself or herself to and from alcohol or drug
remedial or | 5 | | rehabilitative activity recommended by a licensed service | 6 | | provider, or to allow the petitioner to transport himself or | 7 | | herself or a family member of the petitioner's household to | 8 | | classes, as a student, at an accredited educational | 9 | | institution, or to allow the petitioner to transport children, | 10 | | elderly persons, or persons with disabilities who do not hold | 11 | | driving privileges and are living in the petitioner's household | 12 | | to and from daycare. The
petitioner must demonstrate that no | 13 | | alternative means of
transportation is reasonably available | 14 | | and that the petitioner will not endanger
the public safety or | 15 | | welfare.
| 16 | | (A) If a person's license or permit is revoked or | 17 | | suspended due to 2
or more convictions of violating Section | 18 | | 11-501 of this Code or a similar
provision of a local | 19 | | ordinance or a similar out-of-state offense, or Section 9-3 | 20 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 21 | | where the use of alcohol or other drugs is recited as an | 22 | | element of the offense, or a similar out-of-state offense, | 23 | | or a combination of these offenses, arising out
of separate | 24 | | occurrences, that person, if issued a restricted driving | 25 | | permit,
may not operate a vehicle unless it has been | 26 | | equipped with an ignition
interlock device as defined in |
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| 1 | | Section 1-129.1.
| 2 | | (B) If a person's license or permit is revoked or | 3 | | suspended 2 or more
times due to any combination of: | 4 | | (i) a single conviction of violating Section
| 5 | | 11-501 of this Code or a similar provision of a local | 6 | | ordinance or a similar
out-of-state offense or Section | 7 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 8 | | of 2012, where the use of alcohol or other drugs is | 9 | | recited as an element of the offense, or a similar | 10 | | out-of-state offense; or | 11 | | (ii) a statutory summary suspension or revocation | 12 | | under Section
11-501.1; or | 13 | | (iii) a suspension under Section 6-203.1; | 14 | | arising out of
separate occurrences; that person, if issued | 15 | | a restricted driving permit, may
not operate a vehicle | 16 | | unless it has been
equipped with an ignition interlock | 17 | | device as defined in Section 1-129.1. | 18 | | (B-5) If a person's license or permit is revoked or | 19 | | suspended due to a conviction for a violation of | 20 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 21 | | of Section 11-501 of this Code, or a similar provision of a | 22 | | local ordinance or similar out-of-state offense, that | 23 | | person, if issued a restricted driving permit, may not | 24 | | operate a vehicle unless it has been equipped with an | 25 | | ignition interlock device as defined in Section 1-129.1. | 26 | | (C)
The person issued a permit conditioned upon the use |
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| 1 | | of an ignition interlock device must pay to the Secretary | 2 | | of State DUI Administration Fund an amount
not to exceed | 3 | | $30 per month. The Secretary shall establish by rule the | 4 | | amount
and the procedures, terms, and conditions relating | 5 | | to these fees. | 6 | | (D) If the
restricted driving permit is issued for | 7 | | employment purposes, then the prohibition against | 8 | | operating a motor vehicle that is not equipped with an | 9 | | ignition interlock device does not apply to the operation | 10 | | of an occupational vehicle owned or
leased by that person's | 11 | | employer when used solely for employment purposes. For any | 12 | | person who, within a 5-year period, is convicted of a | 13 | | second or subsequent offense under Section 11-501 of this | 14 | | Code, or a similar provision of a local ordinance or | 15 | | similar out-of-state offense, this employment exemption | 16 | | does not apply until either a one-year one year period has | 17 | | elapsed during which that person had his or her driving | 18 | | privileges revoked or a one-year one year period has | 19 | | elapsed during which that person had a restricted driving | 20 | | permit which required the use of an ignition interlock | 21 | | device on every motor vehicle owned or operated by that | 22 | | person. | 23 | | (E) In each case the Secretary may issue a
restricted | 24 | | driving permit for a period deemed appropriate, except that | 25 | | all
permits shall expire within one year from the date of | 26 | | issuance. A
restricted driving permit issued under this |
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| 1 | | Section shall be subject to
cancellation, revocation, and | 2 | | suspension by the Secretary of State in like
manner and for | 3 | | like cause as a driver's license issued under this Code may | 4 | | be
cancelled, revoked, or suspended; except that a | 5 | | conviction upon one or more
offenses against laws or | 6 | | ordinances regulating the movement of traffic
shall be | 7 | | deemed sufficient cause for the revocation, suspension, or
| 8 | | cancellation of a restricted driving permit. The Secretary | 9 | | of State may, as
a condition to the issuance of a | 10 | | restricted driving permit, require the
applicant to | 11 | | participate in a designated driver remedial or | 12 | | rehabilitative
program. The Secretary of State is | 13 | | authorized to cancel a restricted
driving permit if the | 14 | | permit holder does not successfully complete the program.
| 15 | | (F) A person subject to the provisions of paragraph 4 | 16 | | of subsection (b) of Section 6-208 of this Code may make | 17 | | application for a restricted driving permit at a hearing | 18 | | conducted under Section 2-118 of this Code after the | 19 | | expiration of 5 years from the effective date of the most | 20 | | recent revocation or after 5 years from the date of release | 21 | | from a period of imprisonment resulting from a conviction | 22 | | of the most recent offense, whichever is later, provided | 23 | | the person, in addition to all other requirements of the | 24 | | Secretary, shows by clear and convincing evidence: | 25 | | (i) a minimum of 3 years of uninterrupted | 26 | | abstinence from alcohol and the unlawful use or |
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| 1 | | consumption of cannabis under the Cannabis Control | 2 | | Act, a controlled substance under the Illinois | 3 | | Controlled Substances Act, an intoxicating compound | 4 | | under the Use of Intoxicating Compounds Act, or | 5 | | methamphetamine under the Methamphetamine Control and | 6 | | Community Protection Act; and | 7 | | (ii) the successful completion of any | 8 | | rehabilitative treatment and involvement in any | 9 | | ongoing rehabilitative activity that may be | 10 | | recommended by a properly licensed service provider | 11 | | according to an assessment of the person's alcohol or | 12 | | drug use under Section 11-501.01 of this Code. | 13 | | In determining whether an applicant is eligible for a | 14 | | restricted driving permit under this subparagraph (F), the | 15 | | Secretary may consider any relevant evidence, including, | 16 | | but not limited to, testimony, affidavits, records, and the | 17 | | results of regular alcohol or drug tests. Persons subject | 18 | | to the provisions of paragraph 4 of subsection (b) of | 19 | | Section 6-208 of this Code and who have been convicted of | 20 | | more than one violation of paragraph (3), paragraph (4), or | 21 | | paragraph (5) of subsection (a) of Section 11-501 of this | 22 | | Code shall not be eligible to apply for a restricted | 23 | | driving permit under this subparagraph (F). | 24 | | A restricted driving permit issued under this | 25 | | subparagraph (F) shall provide that the holder may only | 26 | | operate motor vehicles equipped with an ignition interlock |
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| 1 | | device as required under paragraph (2) of subsection (c) of | 2 | | Section 6-205 of this Code and subparagraph (A) of | 3 | | paragraph 3 of subsection (c) of this Section. The | 4 | | Secretary may revoke a restricted driving permit or amend | 5 | | the conditions of a restricted driving permit issued under | 6 | | this subparagraph (F) if the holder operates a vehicle that | 7 | | is not equipped with an ignition interlock device, or for | 8 | | any other reason authorized under this Code. | 9 | | A restricted driving permit issued under this | 10 | | subparagraph (F) shall be revoked, and the holder barred | 11 | | from applying for or being issued a restricted driving | 12 | | permit in the future, if the holder is convicted of a | 13 | | violation of Section 11-501 of this Code, a similar | 14 | | provision of a local ordinance, or a similar offense in | 15 | | another state. | 16 | | (c-3) In the case of a suspension under paragraph 43 of | 17 | | subsection (a), reports received by the Secretary of State | 18 | | under this Section shall, except during the actual time the | 19 | | suspension is in effect, be privileged information and for use | 20 | | only by the courts, police officers, prosecuting authorities, | 21 | | the driver licensing administrator of any other state, the | 22 | | Secretary of State, or the parent or legal guardian of a driver | 23 | | under the age of 18. However, beginning January 1, 2008, if the | 24 | | person is a CDL holder, the suspension shall also be made | 25 | | available to the driver licensing administrator of any other | 26 | | state, the U.S. Department of Transportation, and the affected |
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| 1 | | driver or motor
carrier or prospective motor carrier upon | 2 | | request.
| 3 | | (c-4) In the case of a suspension under paragraph 43 of | 4 | | subsection (a), the Secretary of State shall notify the person | 5 | | by mail that his or her driving privileges and driver's license | 6 | | will be suspended one month after the date of the mailing of | 7 | | the notice.
| 8 | | (c-5) The Secretary of State may, as a condition of the | 9 | | reissuance of a
driver's license or permit to an applicant | 10 | | whose driver's license or permit has
been suspended before he | 11 | | or she reached the age of 21 years pursuant to any of
the | 12 | | provisions of this Section, require the applicant to | 13 | | participate in a
driver remedial education course and be | 14 | | retested under Section 6-109 of this
Code.
| 15 | | (d) This Section is subject to the provisions of the | 16 | | Drivers License
Compact.
| 17 | | (e) The Secretary of State shall not issue a restricted | 18 | | driving permit to
a person under the age of 16 years whose | 19 | | driving privileges have been suspended
or revoked under any | 20 | | provisions of this Code.
| 21 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 22 | | State may not issue a restricted driving permit for the | 23 | | operation of a commercial motor vehicle to a person holding a | 24 | | CDL whose driving privileges have been suspended, revoked, | 25 | | cancelled, or disqualified under any provisions of this Code. | 26 | | (Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726, |
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| 1 | | eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; | 2 | | 99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; | 3 | | revised 11-3-15.)
| 4 | | (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| 5 | | Sec. 6-507. Commercial Driver's License (CDL) or | 6 | | Commercial Learner's Permit (CLP) Required.
| 7 | | (a) Except as expressly permitted by this UCDLA, or when | 8 | | driving
pursuant to the issuance of a commercial learner's | 9 | | permit and
accompanied by the holder of a CDL valid for the | 10 | | vehicle being driven; no
person shall drive a commercial motor | 11 | | vehicle on the highways without: | 12 | | (1) a CDL in the driver's possession; | 13 | | (2) having obtained a CLP or CDL; | 14 | | (3) the proper class of CLP or CDL or endorsements or | 15 | | both for the specific vehicle group being operated or for | 16 | | the passengers or type of cargo being transported; or
| 17 | | (4) a copy of a medical variance document, if one | 18 | | exists, such as an exemption letter or a skill performance | 19 | | evaluation certificate. | 20 | | (a-5) A CLP or CDL holder whose CLP or CDL is held by this | 21 | | State or any other state in the course of enforcement of a | 22 | | motor vehicle traffic code and who has not been convicted of a | 23 | | disqualifying offense under 49 C.F.R. 383.51 based on this | 24 | | enforcement, may drive a CMV while holding a dated receipt for | 25 | | the CLP or CDL. |
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| 1 | | (b) Except as otherwise provided by this Code, no person | 2 | | may drive a
commercial motor vehicle on the highways while such | 3 | | person's driving
privilege, license, or permit is:
| 4 | | (1) Suspended, revoked, cancelled, or subject to
| 5 | | disqualification. Any person convicted of violating this | 6 | | provision or a
similar provision of this or any other state | 7 | | shall have their driving
privileges revoked under | 8 | | paragraph 12 of subsection (a) of Section 6-205 of
this | 9 | | Code.
| 10 | | (2) Subject to or in violation of an "out-of-service"
| 11 | | order. Any person who has been issued a CLP or CDL and is | 12 | | convicted of violating
this provision or a similar | 13 | | provision of any other state shall be disqualified
from | 14 | | operating a commercial motor vehicle under subsection (i) | 15 | | of Section 6-514
of this Code.
| 16 | | (3) Subject to or in violation of a driver or vehicle | 17 | | "out of service" order while operating a vehicle designed | 18 | | to transport 16 or more passengers, including the driver, | 19 | | or transporting hazardous materials required to be | 20 | | placarded. Any person who has been
issued a CLP or CDL and | 21 | | is convicted of violating this provision or a similar
| 22 | | provision of this or any other state shall be disqualified | 23 | | from operating a
commercial motor vehicle under subsection | 24 | | (i) of Section 6-514 of this Code.
| 25 | | (b-3) Except as otherwise provided by this Code, no person | 26 | | may drive a commercial motor vehicle on the highways during a |
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| 1 | | period which the commercial motor vehicle or the motor carrier | 2 | | operation is subject to an "out-of-service" order. Any person | 3 | | who is convicted of violating this provision or a similar | 4 | | provision of any other state shall be disqualified from | 5 | | operating a commercial motor vehicle under subsection (i) of | 6 | | Section 6-514 of this Code. | 7 | | (b-5) Except as otherwise provided by this Code, no person | 8 | | may operate a vehicle designed to transport 16 or more | 9 | | passengers including the driver or hazardous materials of a | 10 | | type or quantity that requires the vehicle to be placarded | 11 | | during a period in which the commercial motor vehicle or the | 12 | | motor carrier operation is subject to an "out-of-service" | 13 | | order. Any person who is convicted of violating this provision | 14 | | or a similar provision of any other state shall be disqualified | 15 | | from operating a commercial motor vehicle under subsection (i) | 16 | | of Section 6-514 of this Code.
| 17 | | (c) Pursuant to the options provided to the States by FHWA | 18 | | Docket No.
MC-88-8, the driver of any motor vehicle controlled | 19 | | or operated by or for a
farmer is waived from the requirements | 20 | | of this Section, when such motor
vehicle is being used to | 21 | | transport: agricultural products; implements of
husbandry; or | 22 | | farm supplies; to and from a farm, as long as such movement is | 23 | | not over 150 air
miles from the originating farm. This waiver | 24 | | does not apply to
the driver of any motor vehicle
being used in | 25 | | a common or contract carrier type operation.
However, for those | 26 | | drivers of any truck-tractor
semitrailer combination or |
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| 1 | | combinations registered under subsection (c) of
Section 3-815 | 2 | | of this Code, this waiver shall apply only when the
driver is a | 3 | | farmer or a member of the farmer's family and the driver is 21
| 4 | | years
of age or more and has successfully completed any
tests | 5 | | the Secretary of State deems necessary.
| 6 | | In addition, the farmer or a member of the farmer's family | 7 | | who operates a
truck-tractor semitrailer combination or | 8 | | combinations pursuant to this waiver
shall be granted all of | 9 | | the rights and shall be subject to all of the duties
and | 10 | | restrictions with respect to Sections 6-514 and 6-515 of this | 11 | | Code
applicable to the driver who possesses a commercial | 12 | | driver's license issued
under this Code, except that the driver | 13 | | shall not be subject to any additional
duties or restrictions | 14 | | contained
in Part 382 of the Federal Motor Carrier Safety | 15 | | Regulations that are
not otherwise imposed under Section 6-514 | 16 | | or 6-515 of this Code.
| 17 | | For purposes of this subsection (c), a member of the | 18 | | farmer's family is a
natural or in-law spouse, child, parent, | 19 | | or sibling.
| 20 | | As required under the Code of Federal Regulations 49 CFR | 21 | | 390.39, an operator of a covered farm vehicle, as defined under | 22 | | Section 18b-101 of this Code, is exempt from the requirements | 23 | | of this Section. However, for drivers of any truck-tractor | 24 | | semitrailer combination or combinations operating as a covered | 25 | | farm vehicle, the driver must successfully complete any tests | 26 | | the Secretary of State deems necessary. When operating any |
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| 1 | | truck-tractor semitrailer combination as a covered farm | 2 | | vehicle, the exemption applies only to persons age 21 or older, | 3 | | if operating the vehicle in interstate driving, and to persons | 4 | | at least 18 years of age, if operating the vehicle in | 5 | | intrastate driving. The Secretary may adopt rules necessary to | 6 | | implement this Section. | 7 | | (c-5) An employee of a township or road district with a | 8 | | population of
less
than 3,000 operating a vehicle within the | 9 | | boundaries of the township or road
district for the purpose of | 10 | | removing snow or ice from a roadway by plowing,
sanding, or | 11 | | salting is waived from the requirements of this Section when | 12 | | the
employee is needed to operate the vehicle because the | 13 | | employee of the township
or road district who ordinarily | 14 | | operates the vehicle and who has a commercial
driver's license | 15 | | is unable to operate the vehicle or is in need of additional
| 16 | | assistance due to a snow emergency.
| 17 | | (c-10) A driver of a commercial motor vehicle used | 18 | | primarily in the transportation of propane winter heating fuel | 19 | | or a driver of a motor vehicle used to respond to a pipeline | 20 | | emergency is waived from the requirements of this Section if | 21 | | such requirements would prevent the driver from responding to | 22 | | an emergency condition requiring immediate response as defined | 23 | | in 49 C.F.R. Part 390.5. | 24 | | (d) Any person convicted of violating this Section, shall | 25 | | be guilty of a
Class A misdemeanor.
| 26 | | (e) Any person convicted of violating paragraph (1) of |
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| 1 | | subsection (b) of this Section,
shall have all driving | 2 | | privileges revoked by the Secretary of State.
| 3 | | (f) This Section shall not apply to:
| 4 | | (1) A person who currently holds a valid Illinois | 5 | | driver's license,
for the type of vehicle being operated, | 6 | | until the expiration of such
license or April 1, 1992, | 7 | | whichever is earlier; or
| 8 | | (2) A non-Illinois domiciliary who is properly | 9 | | licensed in another
State, until April 1, 1992. A | 10 | | non-Illinois domiciliary, if such
domiciliary is properly | 11 | | licensed in another State or foreign jurisdiction,
until | 12 | | April 1, 1992.
| 13 | | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section | 14 | | 10 of P.A. 99-414 for the effective date of changes made by | 15 | | P.A. 98-176); 99-57, eff. 7-16-15.)
| 16 | | (625 ILCS 5/6-508.1) | 17 | | Sec. 6-508.1. Medical Examiner's Certificate. | 18 | | (a) It shall be unlawful for any person to drive a CMV in | 19 | | non-excepted interstate commerce unless the person holds a CLP | 20 | | or CDL and is medically certified as physically qualified to do | 21 | | so. | 22 | | (b) No person who has certified to non-excepted interstate | 23 | | driving as provided in Sections 6-507.5 and 6-508 of this Code | 24 | | shall be issued a commercial learner's permit or CDL unless | 25 | | that person presents to the Secretary a medical examiner's |
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| 1 | | certificate or has a current medical examiner's certificate on | 2 | | the CDLIS driver record. | 3 | | (c) Persons who hold a commercial driver instruction permit | 4 | | or CDL on January 30, 2012 who have certified as non-excepted | 5 | | interstate as provided in Section 6-508 of this Code must | 6 | | provide to the Secretary a medical examiner's certificate no | 7 | | later than January 30, 2014. | 8 | | (d) On and after January 30, 2014, all persons who hold a | 9 | | commercial driver instruction permit or CDL who have certified | 10 | | as non-excepted interstate shall maintain a current medical | 11 | | examiner's certificate on file with the Secretary. On and after | 12 | | July 1, 2014, all persons issued a CLP who have certified as | 13 | | non-excepted interstate shall maintain a current medical | 14 | | examiner's certificate on file with the Secretary. | 15 | | (e) Within 10 calendar days of receipt of a medical | 16 | | examiner's certificate of a driver who has certified as | 17 | | non-excepted interstate, the Secretary shall post the | 18 | | following to the CDLIS driver record: | 19 | | (1) the medical examiner's name; | 20 | | (2) the medical examiner's telephone number; | 21 | | (3) the date of issuance of the medical examiner's | 22 | | certificate; | 23 | | (4) the medical examiner's license number and the state | 24 | | that issued it; | 25 | | (5) the medical certification status; | 26 | | (6) the expiration date of the medical examiner's |
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| 1 | | certificate; | 2 | | (7) the existence of any medical variance on the | 3 | | medical examiner's certificate or grandfather provisions; | 4 | | (8) any restrictions noted on the medical examiner's | 5 | | certificate; and | 6 | | (9) the date the medical examiner's certificate | 7 | | information was posted to the CDLIS driver record. | 8 | | (f) Within 10 calendar days of the expiration or rescission | 9 | | of the driver's medical examiner's certificate or medical | 10 | | variance or both, the Secretary shall update the medical | 11 | | certification status to "not certified". | 12 | | (g) Within 10 calendar days of receipt of information from | 13 | | the Federal Motor Carrier Safety Administration regarding | 14 | | issuance or renewal of a medical variance, the Secretary shall | 15 | | update the CDLIS driver record to include the medical variance | 16 | | information provided by the Federal Motor Carrier Safety | 17 | | Administration. | 18 | | (h) The Secretary shall notify the driver of his or her | 19 | | non-certified status and that his or her CDL will be canceled | 20 | | unless the driver submits a current medical examiner's | 21 | | certificate or medical variance or changes his or her | 22 | | self-certification to driving only in excepted or intrastate | 23 | | commerce. | 24 | | (i) Within 60 calendar days of a driver's medical | 25 | | certification status becoming non-certified, the Secretary | 26 | | shall cancel the CDL.
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| 1 | | (j) As required under the Code of Federal Regulations 49 | 2 | | CFR 390.39, an operator of a covered farm vehicle, as defined | 3 | | under Section 18b-101 of this Code, is exempt from the | 4 | | requirements of this Section. | 5 | | (k) For purposes of ensuring a person is medically fit to | 6 | | drive a commercial motor vehicle, the Secretary may release | 7 | | medical information provided by an applicant or a holder of a | 8 | | CDL or CLP to the Federal Motor Carrier Safety Administration. | 9 | | Medical information includes, but is not limited to, a medical | 10 | | examiner's certificate, a medical report that the Secretary | 11 | | requires to be submitted, statements regarding medical | 12 | | conditions made by an applicant or a holder of a CDL or CLP, or | 13 | | statements made by his or her physician. | 14 | | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section | 15 | | 10 of P.A. 99-414 for the effective date of changes made by | 16 | | P.A. 98-176); 99-57, eff. 7-16-15.) | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 15 ILCS 335/12 | from Ch. 124, par. 32 | | 4 | | 625 ILCS 5/3-821 | from Ch. 95 1/2, par. 3-821 | | 5 | | 625 ILCS 5/6-206 | | | 6 | | 625 ILCS 5/6-507 | from Ch. 95 1/2, par. 6-507 | | 7 | | 625 ILCS 5/6-508.1 | |
| |
|