Full Text of HB5301 102nd General Assembly
HB5301 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5301 Introduced 1/31/2022, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-508 | from Ch. 95 1/2, par. 6-508 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State shall waive the skills tests for a driver applying for a commercial driver's license who has fire department or fire protection district motor vehicle experience.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-508 as follows:
| 6 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 7 | | Sec. 6-508. Commercial Driver's License (CDL); | 8 | | qualification (CDL) - qualification standards.
| 9 | | (a) Testing.
| 10 | | (1) General. No person shall be issued an original or | 11 | | renewal CDL
unless that person is
domiciled in this State | 12 | | or is applying for a non-domiciled CDL under Sections | 13 | | 6-509 and 6-510 of this Code. The Secretary shall cause to | 14 | | be administered such
tests as the Secretary deems | 15 | | necessary to meet the requirements of 49 CFR
C.F.R. Part | 16 | | 383, subparts F, G, H, and J.
| 17 | | (1.5) Effective July 1, 2014, no person shall be | 18 | | issued an original CDL or an upgraded CDL that requires a | 19 | | skills test unless that person has held a CLP, for a | 20 | | minimum of 14 calendar days, for the classification of | 21 | | vehicle and endorsement, if any, for which the person is | 22 | | seeking a CDL. | 23 | | (2) Third party testing. The Secretary of State may |
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| 1 | | authorize a
"third party tester", pursuant to 49 CFR | 2 | | C.F.R. 383.75 and 49 CFR C.F.R. 384.228 and 384.229, to | 3 | | administer the
skills test or tests specified by the | 4 | | Federal Motor Carrier Safety
Administration pursuant to | 5 | | the
Commercial Motor Vehicle Safety Act of 1986 and any | 6 | | appropriate federal rule.
| 7 | | (3)(i) Effective February 7, 2020, unless the person | 8 | | is exempted by 49 CFR 380.603, no person shall be issued an | 9 | | original (first time issuance) CDL, an upgraded CDL or a | 10 | | school bus (S), passenger (P), or hazardous Materials (H) | 11 | | endorsement unless the person has successfully completed | 12 | | entry-level driver training (ELDT) taught by a training | 13 | | provider listed on the federal Training Provider Registry. | 14 | | (ii) Persons who obtain a CLP before February 7, 2020 | 15 | | are not required to complete ELDT if the person obtains a | 16 | | CDL before the CLP or renewed CLP expires. | 17 | | (iii) Except for persons seeking the H endorsement, | 18 | | persons must complete the theory and behind-the-wheel | 19 | | (range and public road) portions of ELDT within one year | 20 | | of completing the first portion. | 21 | | (iv) The Secretary shall adopt rules to implement this | 22 | | subsection.
| 23 | | (b) Waiver of Skills Test. The Secretary of State may | 24 | | waive the skills
test specified in this Section for a driver | 25 | | applicant for a commercial driver license
who meets the | 26 | | requirements of 49 CFR C.F.R. 383.77.
The Secretary of State |
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| 1 | | shall waive the skills tests specified in this Section for a | 2 | | driver applicant who has military commercial motor vehicle | 3 | | experience, subject to the requirements of 49 CFR C.F.R. | 4 | | 383.77 , or fire department or fire protection district motor | 5 | | vehicle experience .
| 6 | | (b-1) No person shall be issued a CDL unless the person | 7 | | certifies to the Secretary one of the following types of | 8 | | driving operations in which he or she will be engaged: | 9 | | (1) non-excepted interstate; | 10 | | (2) non-excepted intrastate; | 11 | | (3) excepted interstate; or | 12 | | (4) excepted intrastate. | 13 | | (b-2) (Blank). | 14 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 15 | | issued to a person while the person is
subject to a | 16 | | disqualification from driving a commercial motor vehicle, or
| 17 | | unless otherwise permitted by this Code, while the person's | 18 | | driver's
license is suspended, revoked , or cancelled in
any | 19 | | state, or any territory or province of Canada; nor may a CLP or | 20 | | CDL be issued
to a person who has a CLP or CDL issued by any | 21 | | other state, or foreign
jurisdiction, nor may a CDL be issued | 22 | | to a person who has an Illinois CLP unless the person first | 23 | | surrenders all of these
licenses or permits. However, a person | 24 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 25 | | is necessary to train or practice for an endorsement or | 26 | | vehicle classification not present on the current CDL. No CDL |
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| 1 | | shall be issued to or renewed for a person who does not
meet | 2 | | the requirement of 49 CFR 391.41(b)(11). The requirement may | 3 | | be met with
the aid of a hearing aid.
| 4 | | (c-1) The Secretary may issue a CDL with a school bus | 5 | | driver endorsement
to allow a person to drive the type of bus | 6 | | described in subsection (d-5) of
Section 6-104 of this Code. | 7 | | The CDL with a school bus driver endorsement may be
issued only | 8 | | to a person meeting the following requirements:
| 9 | | (1) the person has submitted his or her fingerprints | 10 | | to the Illinois
State Police in the form and manner
| 11 | | prescribed by the Illinois State Police. These
| 12 | | fingerprints shall be checked against the fingerprint | 13 | | records
now and hereafter filed in the Illinois State | 14 | | Police and
Federal Bureau of Investigation criminal | 15 | | history records databases;
| 16 | | (2) the person has passed a written test, administered | 17 | | by the Secretary of
State, on charter bus operation, | 18 | | charter bus safety, and certain special
traffic laws
| 19 | | relating to school buses determined by the Secretary of | 20 | | State to be relevant to
charter buses, and submitted to a | 21 | | review of the driver applicant's driving
habits by the | 22 | | Secretary of State at the time the written test is given;
| 23 | | (3) the person has demonstrated physical fitness to | 24 | | operate school buses
by
submitting the results of a | 25 | | medical examination, including tests for drug
use; and
| 26 | | (4) the person has not been convicted of committing or |
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| 1 | | attempting
to commit any
one or more of the following | 2 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 3 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 4 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 5 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 6 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 7 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 8 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 9 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 10 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1, | 11 | | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, | 12 | | 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 13 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, | 14 | | 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, | 15 | | 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, | 16 | | 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 17 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | 18 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in | 19 | | subsection (b) of Section 8-1, and in subdivisions (a)(1), | 20 | | (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) | 21 | | of Section 12-3.05, and in subsection (a) and subsection | 22 | | (b), clause (1), of Section
12-4, and in subsection (A), | 23 | | clauses (a) and (b), of Section 24-3, and those offenses | 24 | | contained in Article 29D of the Criminal Code of 1961 or | 25 | | the Criminal Code of 2012; (ii) those offenses defined in | 26 | | the
Cannabis Control Act except those offenses defined in |
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| 1 | | subsections (a) and
(b) of Section 4, and subsection (a) | 2 | | of Section 5 of the Cannabis Control
Act; (iii) those | 3 | | offenses defined in the Illinois Controlled Substances
| 4 | | Act; (iv) those offenses defined in the Methamphetamine | 5 | | Control and Community Protection Act; (v) any offense | 6 | | committed or attempted in any other state or against
the | 7 | | laws of the United States, which if committed or attempted | 8 | | in this
State would be punishable as one or more of the | 9 | | foregoing offenses; (vi)
the offenses defined in Sections | 10 | | 4.1 and 5.1 of the Wrongs to Children Act or Section | 11 | | 11-9.1A of the Criminal Code of 1961 or the Criminal Code | 12 | | of 2012; (vii) those offenses defined in Section 6-16 of | 13 | | the Liquor Control Act of
1934; and (viii) those offenses | 14 | | defined in the Methamphetamine Precursor Control Act.
| 15 | | The Illinois State Police shall charge
a fee for | 16 | | conducting the criminal history records check, which shall be
| 17 | | deposited into the State Police Services Fund and may not | 18 | | exceed the actual
cost of the records check.
| 19 | | (c-2) The Secretary shall issue a CDL with a school bus | 20 | | endorsement to allow a person to drive a school bus as defined | 21 | | in this Section. The CDL shall be issued according to the | 22 | | requirements outlined in 49 CFR C.F.R. 383. A person may not | 23 | | operate a school bus as defined in this Section without a | 24 | | school bus endorsement. The Secretary of State may adopt rules | 25 | | consistent with Federal guidelines to implement this | 26 | | subsection (c-2).
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| 1 | | (d) (Blank).
| 2 | | (Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21; | 3 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised | 4 | | 10-12-21.)
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