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90_HB3348
625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500
625 ILCS 5/5-16.5 new
Amends the Illinois Vehicle Code to provide that
employees of school districts or private schools who
transport students in vehicles designed for 8 or more but
fewer than 16 passengers are subject to drug and alcohol
testing under federal motor carrier safety provisions.
LRB9009946OBpk
LRB9009946OBpk
1 AN ACT concerning drivers of certain vehicles.
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 6-500 and adding Section 6-516.5 as follows:
6 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
7 Sec. 6-500. Definitions of words and phrases.
8 Notwithstanding the definitions set forth elsewhere in this
9 Code, for purposes of the Uniform Commercial Driver's License
10 Act (UCDLA), the words and phrases listed below shall have
11 the meanings ascribed to them as follows:
12 Alcohol. "Alcohol" means any substance containing any
13 form of alcohol, including but not limited to: ethanol;
14 methanol; propanol and isopropanol.
15 Alcohol concentration. "Alcohol concentration" means:
16 (a) the number of grams of alcohol per 210 liters
17 of breath; or
18 (b) the number of grams of alcohol per 100
19 milliliters of blood; or
20 (c) the number of grams of alcohol per 67
21 milliliters of urine.
22 Alcohol tests administered within 2 hours of the driver
23 being "stopped or detained" shall be considered that driver's
24 "alcohol concentration" for the purposes of enforcing this
25 UCDLA.
26 Commercial Motor Vehicle. "Commercial motor vehicle"
27 means a motor vehicle, except those referred to in paragraph
28 (d), designed to transport passengers or property if:
29 (a) the vehicle has a GVWR of 26,001 pounds or more
30 or such a lesser GVWR as subsequently determined by
31 federal regulations or the Secretary of State; or any
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1 combination of vehicles with a GCWR of 26,001 pounds or
2 more, provided the GVWR of any vehicle or vehicles being
3 towed is 10,001 pounds or more; or
4 (b) the vehicle is designed to transport 16 or more
5 persons; or
6 (b-5) for the purposes of Section 6-516.5 only, the
7 vehicle is designed to transport 8 or more but fewer than
8 16 passengers; or
9 (c) the vehicle is transporting hazardous materials
10 and is required to be placarded in accordance with 49
11 C.F.R. Part 172, subpart F.
12 (d) Pursuant to the interpretation of the
13 Commercial Motor Vehicle Safety Act of 1986 by the
14 Federal Highway Administration, the definition of
15 "commercial vehicle" does not include:
16 (i) Recreational vehicles, when operated
17 primarily for personal use;
18 (ii) United States Department of Defense
19 vehicles being operated by non-civilian personnel.
20 This includes any operator on active military duty;
21 members of the Reserves; National Guard; personnel
22 on part-time training; and National Guard military
23 technicians (civilians who are required to wear
24 military uniforms and are subject to the Code of
25 Military Justice); or
26 (iii) Firefighting and other emergency
27 equipment with audible and visual signals, owned or
28 operated by or for a governmental entity, which is
29 necessary to the preservation of life or property or
30 the execution of emergency governmental functions
31 which are normally not subject to general traffic
32 rules and regulations.
33 Controlled Substance. "Controlled substance" shall have
34 the same meaning as defined in Section 102 of the Illinois
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1 Controlled Substances Act, and shall also include cannabis as
2 defined in Section 3 of the Cannabis Control Act.
3 Conviction. "Conviction" means an unvacated adjudication
4 of guilt or a determination that a person has violated or
5 failed to comply with the law in a court of original
6 jurisdiction or an authorized administrative tribunal; an
7 unvacated forfeiture of bail or collateral deposited to
8 secure the person's appearance in court; the payment of a
9 fine or court cost regardless of whether the imposition of
10 sentence is deferred and ultimately a judgment dismissing the
11 underlying charge is entered; or a violation of a condition
12 of release without bail, regardless of whether or not the
13 penalty is rebated, suspended or probated.
14 Driver. "Driver" means any person who drives, operates,
15 or is in physical control of a commercial motor vehicle, or
16 who is required to hold a CDL.
17 Employee. "Employee" means a person who is employed as a
18 commercial motor vehicle driver. A person who is
19 self-employed as a commercial motor vehicle driver must
20 comply with the requirements of this UCDLA pertaining to
21 employees. An owner-operator on a long-term lease shall be
22 considered an employee.
23 Employer. "Employer" means a person (including the
24 United States, a State or a local authority) who owns or
25 leases a commercial motor vehicle or assigns employees to
26 operate such a vehicle. A person who is self-employed as a
27 commercial motor vehicle driver must comply with the
28 requirements of this UCDLA.
29 Foreign jurisdiction. "Foreign jurisdiction" means a
30 sovereign jurisdiction that does not fall within the
31 definition of "State".
32 Hazardous Material. Upon a finding by the United States
33 Secretary of Transportation, in his or her discretion, under
34 49 App. U.S.C. 5103(a), that the transportation of a
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1 particular quantity and form of material in commerce may pose
2 an unreasonable risk to health and safety or property, he or
3 she shall designate the quantity and form of material or
4 group or class of the materials as a hazardous material. The
5 materials so designated may include but are not limited to
6 explosives, radioactive materials, etiologic agents,
7 flammable liquids or solids, combustible liquids or solids,
8 poisons, oxidizing or corrosive materials, and compressed
9 gases.
10 Long-term-lease. "Long-term-lease" means a lease of a
11 commercial motor vehicle by the owner-lessor to a lessee, for
12 a period of more than 29 days.
13 Motor Vehicle. "Motor vehicle" means every vehicle which
14 is self-propelled, and every vehicle which is propelled by
15 electric power obtained from over head trolley wires but not
16 operated upon rails, except vehicles moved solely by human
17 power and motorized wheel chairs.
18 Non-resident CDL. "Non-resident CDL" means a commercial
19 driver's license issued by a State to an individual who is
20 domiciled in a foreign jurisdiction.
21 Serious Traffic Violation. "Serious traffic violation"
22 means:
23 (a) A conviction when operating a commercial motor
24 vehicle of:
25 (i) a violation relating to excessive
26 speeding, involving a single speeding charge of 15
27 miles per hour or more above the legal speed limit;
28 or
29 (ii) a violation relating to reckless driving;
30 or
31 (iii) a violation of any State Law or local
32 ordinance relating to motor vehicle traffic control
33 (other than parking violations) arising in
34 connection with a fatal traffic accident; or
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1 (iv) a violation of Section 6-501, relating to
2 having multiple driver's licenses; or
3 (v) a violation of paragraph (a), of Section
4 6-507, relating to the requirement to have a valid
5 CDL; or
6 (vi) a violation relating to improper or
7 erratic traffic lane changes; or
8 (vii) a violation relating to following
9 another vehicle too closely; or
10 (b) any other similar violation of a law or local
11 ordinance of any state relating to motor vehicle traffic
12 control, other than a parking violation, which the
13 Secretary of State determines by Administrative Rule to
14 be serious.
15 State. "State" means a State of the United States, the
16 District of Columbia and any Province or Territory of Canada.
17 (Source: P.A. 89-179, eff. 1-1-96; 89-571, eff. 7-26-96;
18 90-89, eff. 1-1-98.)
19 (625 ILCS 5/5-16.5 new)
20 Sec. 5-16.5. Drivers of vehicles for 8 or more but fewer
21 than 16 passengers. A driver of a motor vehicle that is
22 designed to transport 8 or more but fewer than 16 passengers
23 who is an employee of a school district or a private
24 elementary or secondary school is subject to the drug and
25 alcohol testing provisions of Title 49, Parts 40 and 382 of
26 the Code of Federal Regulations.