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| [ House Amendment 001 ] |
90_HB1760
625 ILCS 5/6-105 from Ch. 95 1/2, par. 6-105
625 ILCS 5/6-105.5 new
625 ILCS 5/6-107 from Ch. 95 1/2, par. 6-107
625 ILCS 5/6-109 from Ch. 95 1/2, par. 6-109
Amends the Illinois Vehicle Code to provide for the
issuance of intermediate driver's licenses to applicants 16
years of age or more if certain requirements are met. The
license entitles the holder to drive unaccompanied except
between one o'clock a.m. and 6 o'clock a.m. Provides that a
driver's license without restrictions may be issued to an
applicant 17 years old if certain requirements are met. Adds
the requirement that a minor issued an instruction permit be
accompanied by a person who is at least 21 years of age.
Requires the examination of an applicant for an intermediate
driver's license to include an actual demonstration of the
applicant's ability to exercise ordinary and reasonable
control of the operation of a motor vehicle. Effective
immediately.
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LRB9005007NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-105, 6-107, and 6-109 and adding Section 6-105.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-105, 6-107, and 6-109 and adding Section
7 6-105.5 as follows:
8 (625 ILCS 5/6-105) (from Ch. 95 1/2, par. 6-105)
9 Sec. 6-105. Instruction permits and temporary licenses.
10 (a) Except as provided in this Section, the Secretary of
11 State upon receiving proper application and payment of the
12 required fee may issue an instruction permit to any person
13 who is not ineligible for a license under paragraphs 1, 3, 4,
14 5, 7, or 8 of Section 6-103, after the applicant has
15 successfully passed such examination as the Secretary of
16 State in his discretion may prescribe.
17 1. An instruction permit entitles the holder while
18 having the permit in his immediate possession to drive a
19 motor vehicle, excluding a motor driven cycle or motorcycle,
20 upon the highways for a period of 12 months after the date of
21 its issuance when accompanied by a licensed driver who has
22 had a valid driver's license classification to operate such
23 vehicle for at least one year and has had one year of driving
24 experience with such classification and who is occupying a
25 seat beside the driver.
26 2. A 12 month instruction permit for a motor driven
27 cycle may be issued to a person 16 years of age or more, and
28 entitles the holder to drive upon the highways during
29 daylight under the direct supervision of a licensed motor
30 driven cycle operator or motorcycle operator.
31 3. A 12 month instruction permit for a motorcycle other
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1 than a motor driven cycle may be issued to a person 18 years
2 of age or more, or to a person who is at least 16 years of
3 age in accordance with the provisions of paragraph 2 of
4 Section 6-103, and entitles a holder to drive upon the
5 highways during daylight under the direct supervision of a
6 licensed motorcycle operator.
7 (b) An instruction permit issued hereunder when issued
8 to a minor enrolled in a driver education program as provided
9 in this Code, shall be restricted, by the Secretary of State,
10 to the operation of a motor vehicle by the minor only when
11 accompanied by the adult instructor of the program during
12 enrollment therein or when practicing with a parent, legal
13 guardian or person in loco parentis who is at least 21 years
14 of age, who has a license classification to operate such
15 vehicle and at least one year of driving experience, and who
16 is occupying a seat beside the driver. After successful
17 completion of the driver education program and before
18 qualifying for a driver's license, the minor shall be
19 restricted to the operation of a motor vehicle only when
20 accompanied by a person who is at least 21 years of age, who
21 has a license classification to operate such vehicle and at
22 least one year of driving experience, and who is occupying a
23 seat beside the driver.
24 (c) The Secretary of State may issue a temporary
25 driver's license to an applicant for a license permitting the
26 operation of a motor vehicle while the Secretary is
27 completing an investigation and determination of all facts
28 relative to such applicant's eligibility to receive such
29 license, or for any other reason prescribed by rule or
30 regulation promulgated by the Secretary of State. Such
31 permit must be in the applicant's immediate possession while
32 operating a motor vehicle, and it shall be invalid when the
33 applicant's driver's license has been issued or for good
34 cause has been refused. In each case the Secretary of State
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1 may issue the temporary driver's license for such period as
2 appropriate but in no event for longer than 90 days.
3 (Source: P.A. 85-522.)
4 (625 ILCS 5/6-105.5 new)
5 Sec. 6-105.5. Intermediate licenses.
6 (a) The Secretary of State, upon receiving proper
7 application and payment of the required fee, may issue an
8 intermediate driver's license to an applicant 16 years of age
9 or more after the applicant has met all of the following
10 requirements:
11 (1) At the time of application, the applicant
12 possesses a driving record devoid of any convictions for
13 traffic violations for the last 6 months.
14 (2) At the time of application, the applicant has
15 not caused a motor vehicle accident as a driver within
16 the last 6 months.
17 (3) The applicant has passed an approved driver
18 education course as defined in Section 1-103 of this Act
19 and submits proof of having passed the course as may be
20 required by the Secretary of State.
21 (4) The applicant has successfully passed the
22 examination provided for under Section 6-109.
23 (b) For a period of 12 months after the date of its
24 issuance, an intermediate driver's license entitles the
25 holder, while having the license in his or her immediate
26 possession, to drive a motor vehicle upon the highways
27 unaccompanied, except between the hours of one o'clock a.m.
28 and 6 o'clock a.m. Between these hours and if the licensee
29 is not prohibited from being on any street or highway under
30 the Child Curfew Act, the licensee may (i) drive if
31 accompanied by a parent or legal guardian or (ii) drive
32 unaccompanied if he or she is driving to or from work or
33 because of a medical emergency.
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1 (c) All provisions in this Code concerning driver's
2 licenses apply to intermediate driver's licenses.
3 (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
4 Sec. 6-107. Applications of minors. The application of
5 any person under the age of 18 years, and not legally
6 emancipated by marriage, for a drivers license or permit to
7 operate a motor vehicle issued under the laws of this State,
8 shall be accompanied by the written consent of either parent
9 of the applicant; otherwise by the guardian having custody of
10 the applicant, or in the event there is no parent or
11 guardian, then by another responsible adult.
12 A No drivers license without restrictions shall be issued
13 to an any applicant under 18 years of age who is 17 16 years
14 of age only if or more unless the applicant (i) has passed an
15 approved driver education course as defined in Section 1-103
16 of this Act, and submits such proof of having passed the
17 course as may be required by the Secretary of State, (ii) has
18 held an intermediate driver's license under Section 6-105.5
19 for at least 12 months, (iii) at the time of application,
20 possesses a driving record devoid of any convictions for
21 traffic violations for the past 12 months, and (iv) at the
22 time of application, has not caused a motor vehicle accident
23 as a driver within the last 12 months.
24 No driver's license or permit shall be issued to any
25 applicant under 18 years of age who has committed an offense
26 that would otherwise result in a mandatory revocation of a
27 license or permit as provided in Section 6-205 of this Code
28 or who has been either convicted of or adjudicated a
29 delinquent based upon a violation of the Cannabis Control Act
30 or the Illinois Controlled Substances Act, while that
31 individual was in actual physical control of a motor vehicle.
32 For purposes of this Section, any person placed on probation
33 under Section 10 of the Cannabis Control Act or Section 410
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1 of the Illinois Controlled Substances Act shall not be
2 considered convicted. Any person found guilty of this
3 offense, while in actual physical control of a motor vehicle,
4 shall have an entry made in the court record by the judge
5 that this offense did occur while the person was in actual
6 physical control of a motor vehicle and order the clerk of
7 the court to report the violation to the Secretary of State
8 as such.
9 (Source: P.A. 88-197.)
10 (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
11 Sec. 6-109. Examination of Applicants.
12 (a) The Secretary of State shall examine every applicant
13 for a driver's license or permit who has not been previously
14 licensed as a driver under the laws of this State or any
15 other state or country, or any applicant for renewal of such
16 driver's license or permit when such license or permit has
17 been expired for more than one year. The Secretary of State
18 shall, subject to the provisions of paragraph (c), examine
19 every licensed driver at least every 8 years, and may examine
20 or re-examine any other applicant or licensed driver,
21 provided that during the years 1984 through 1991 those
22 drivers issued a license for 3 years may be re-examined not
23 less than every 7 years or more than every 10 years.
24 The Secretary of State shall require the testing of the
25 eyesight of any driver's license or permit applicant who has
26 not been previously licensed as a driver under the laws of
27 this State and shall promulgate rules and regulations to
28 provide for the orderly administration of all the provisions
29 of this Section.
30 (b) Except as provided for those applicants in paragraph
31 (c), such examination shall include a test of the applicant's
32 eyesight, his ability to read and understand official traffic
33 control devices, his knowledge of safe driving practices and
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1 the traffic laws of this State, and may include an actual
2 demonstration of the applicant's ability to exercise ordinary
3 and reasonable control of the operation of a motor vehicle,
4 and such further physical and mental examination as the
5 Secretary of State finds necessary to determine the
6 applicant's fitness to operate a motor vehicle safely on the
7 highways, except the examination of an applicant for an
8 intermediate driver's license or an applicant 75 years of age
9 or older shall include an actual demonstration of the
10 applicant's ability to exercise ordinary and reasonable
11 control of the operation of a motor vehicle. All portions of
12 written and verbal examinations under this Section, excepting
13 where the English language appears on facsimiles of road
14 signs, may be given in the Spanish language and, at the
15 discretion of the Secretary of State, in any other language
16 as well as in English upon request of the examinee. Deaf
17 persons who are otherwise qualified are not prohibited from
18 being issued a license under this Code.
19 (c) Re-examination for those applicants who at the time
20 of renewing their driver's license possess a driving record
21 devoid of any convictions of traffic violations or evidence
22 of committing an offense for which mandatory revocation would
23 be required upon conviction pursuant to Section 6-205 at the
24 time of renewal shall be in a manner prescribed by the
25 Secretary in order to determine an applicant's ability to
26 safely operate a motor vehicle, except that every applicant
27 for the renewal of a driver's license who is 75 years of age
28 or older must prove, by an actual demonstration, the
29 applicant's ability to exercise reasonable care in the safe
30 operation of a motor vehicle.
31 (d) In the event the applicant is not ineligible under
32 the provisions of Section 6-103 to receive a driver's
33 license, the Secretary of State shall make provision for
34 giving an examination, either in the county where the
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1 applicant resides or at a place adjacent thereto reasonably
2 convenient to the applicant, within not more than 30 days
3 from the date said application is received.
4 (Source: P.A. 89-569, eff. 1-1-97.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.