[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB4953eng HB4953 Engrossed LRB9213005LBpr 1 AN ACT concerning motor 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 Sections 1-197.5, 6-205, 6-500, 6-506, 6-514, and 6 11-1201 as follows: 7 (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1) 8 Sec. 1-197.5. Statutory summary alcohol or other drug 9 related suspension of driver's privileges. The withdrawal by 10 the circuit court of a person's license or privilege to 11 operate a motor vehicle on the public highways for the 12 periods provided in Section 6-208.1. Reinstatement after the 13 suspension period shall occur after all appropriate fees have 14 been paid, unless the court notifies the Secretary of State 15 that the person should be disqualified. The bases for this 16 withdrawal of driving privileges shall be the individual's 17 refusal to submit to or failure to complete a chemical test 18 or tests following an arrest for the offense of driving under 19 the influence of alcohol,orother drugs, or intoxicating 20 compoundsor both,or submission to such a test or tests 21 indicating an alcohol concentration of 0.08 or more as 22 provided in Section 11-501.1 of this Code. 23 (Source: P.A. 90-89, eff. 1-1-98; incorporates 90-43, eff. 24 7-2-97; 90-655, eff. 7-30-98.) 25 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) 26 Sec. 6-205. Mandatory revocation of license or permit; 27 Hardship cases. 28 (a) Except as provided in this Section, the Secretary of 29 State shall immediately revoke the license,orpermit, or 30 driving privileges of any driver upon receiving a report of HB4953 Engrossed -2- LRB9213005LBpr 1 the driver's conviction of any of the following offenses: 2 1. Reckless homicide resulting from the operation 3 of a motor vehicle; 4 2. Violation of Section 11-501 of this Code or a 5 similar provision of a local ordinance relating to the 6 offense of operating or being in physical control of a 7 vehicle while under the influence of alcohol, other drug 8 or drugs, intoxicating compound or compounds, or any 9 combination thereof; 10 3. Any felony under the laws of any State or the 11 federal government in the commission of which a motor 12 vehicle was used; 13 4. Violation of Section 11-401 of this Code 14 relating to the offense of leaving the scene of a traffic 15 accident involving death or personal injury; 16 5. Perjury or the making of a false affidavit or 17 statement under oath to the Secretary of State under this 18 Code or under any other law relating to the ownership or 19 operation of motor vehicles; 20 6. Conviction upon 3 charges of violation of 21 Section 11-503 of this Code relating to the offense of 22 reckless driving committed within a period of 12 months; 23 7. Conviction of anytheoffenseof automobile24theft asdefined in Section 4-102 of this Code; 25 8. Violation of Section 11-504 of this Code 26 relating to the offense of drag racing; 27 9. Violation of Chapters 8 and 9 of this Code; 28 10. Violation of Section 12-5 of the Criminal Code 29 of 1961 arising from the use of a motor vehicle; 30 11. Violation of Section 11-204.1 of this Code 31 relating to aggravated fleeing or attempting to elude a 32 police officer; 33 12. Violation of paragraph (1) of subsection (b) of 34 Section 6-507, or a similar law of any other state, HB4953 Engrossed -3- LRB9213005LBpr 1 relating to the unlawful operation of a commercial motor 2 vehicle; 3 13. Violation of paragraph (a) of Section 11-502 of 4 this Code or a similar provision of a local ordinance if 5 the driver has been previously convicted of a violation 6 of that Section or a similar provision of a local 7 ordinance and the driver was less than 21 years of age at 8 the time of the offense. 9 (b) The Secretary of State shall also immediately revoke 10 the license or permit of any driver in the following 11 situations: 12 1. Of any minor upon receiving the notice provided 13 for in Section 5-901 of the Juvenile Court Act of 1987 14 that the minor has been adjudicated under that Act as 15 having committed an offense relating to motor vehicles 16 prescribed in Section 4-103 of this Code; 17 2. Of any person when any other law of this State 18 requires either the revocation or suspension of a license 19 or permit. 20 (c) Whenever a person is convicted of any of the 21 offenses enumerated in this Section, the court may recommend 22 and the Secretary of State in his discretion, without regard 23 to whether the recommendation is made by the court may, upon 24 application, issue to the person a restricted driving permit 25 granting the privilege of driving a motor vehicle between the 26 petitioner's residence and petitioner's place of employment 27 or within the scope of the petitioner's employment related 28 duties, or to allow transportation for the petitioner or a 29 household member of the petitioner's family for the receipt 30 of necessary medical care or, if the professional evaluation 31 indicates, provide transportation for the petitioner for 32 alcohol remedial or rehabilitative activity, or for the 33 petitioner to attend classes, as a student, in an accredited 34 educational institution; if the petitioner is able to HB4953 Engrossed -4- LRB9213005LBpr 1 demonstrate that no alternative means of transportation is 2 reasonably available and the petitioner will not endanger the 3 public safety or welfare; provided that the Secretary's 4 discretion shall be limited to cases where undue hardship 5 would result from a failure to issue the restricted driving 6 permit. 7 If a person's license or permit has been revoked or 8 suspended due to 2 or more convictions of violating Section 9 11-501 of this Code or a similar provision of a local 10 ordinance or a similar out-of-state offense, arising out of 11 separate occurrences, that person, if issued a restricted 12 driving permit, may not operate a vehicle unless it has been 13 equipped with an ignition interlock device as defined in 14 Section 1-129.1. 15 If a person's license or permit has been revoked or 16 suspended 2 or more times within a 10 year period due to a 17 single conviction of violating Section 11-501 of this Code or 18 a similar provision of a local ordinance or a similar 19 out-of-state offense, and a statutory summary suspension 20 under Section 11-501.1, or 2 or more statutory summary 21 suspensions, or combination of 2 offenses, or of an offense 22 and a statutory summary suspension, arising out of separate 23 occurrences, that person, if issued a restricted driving 24 permit, may not operate a vehicle unless it has been equipped 25 with an ignition interlock device as defined in Section 26 1-129.1. The person must pay to the Secretary of State DUI 27 Administration Fund an amount not to exceed $20 per month. 28 The Secretary shall establish by rule the amount and the 29 procedures, terms, and conditions relating to these fees. If 30 the restricted driving permit was issued for employment 31 purposes, then this provision does not apply to the operation 32 of an occupational vehicle owned or leased by that person's 33 employer. In each case the Secretary of State may issue a 34 restricted driving permit for a period he deems appropriate, HB4953 Engrossed -5- LRB9213005LBpr 1 except that the permit shall expire within one year from the 2 date of issuance. The Secretary may not, however, issue a 3 restricted driving permit to any person whose current 4 revocation is the result of a second or subsequent conviction 5 for a violation of Section 11-501 of this Code or a similar 6 provision of a local ordinance relating to the offense of 7 operating or being in physical control of a motor vehicle 8 while under the influence of alcohol, other drug or drugs, 9 intoxicating compound or compounds, or any similar 10 out-of-state offense, or any combination thereof, until the 11 expiration of at least one year from the date of the 12 revocation. A restricted driving permit issued under this 13 Section shall be subject to cancellation, revocation, and 14 suspension by the Secretary of State in like manner and for 15 like cause as a driver's license issued under this Code may 16 be cancelled, revoked, or suspended; except that a conviction 17 upon one or more offenses against laws or ordinances 18 regulating the movement of traffic shall be deemed sufficient 19 cause for the revocation, suspension, or cancellation of a 20 restricted driving permit. The Secretary of State may, as a 21 condition to the issuance of a restricted driving permit, 22 require the applicant to participate in a designated driver 23 remedial or rehabilitative program. The Secretary of State is 24 authorized to cancel a restricted driving permit if the 25 permit holder does not successfully complete the program. 26 However, if an individual's driving privileges have been 27 revoked in accordance with paragraph 13 of subsection (a) of 28 this Section, no restricted driving permit shall be issued 29 until the individual has served 6 months of the revocation 30 period. 31 (d) Whenever a person under the age of 21 is convicted 32 under Section 11-501 of this Code or a similar provision of a 33 local ordinance, the Secretary of State shall revoke the 34 driving privileges of that person. One year after the date HB4953 Engrossed -6- LRB9213005LBpr 1 of revocation, and upon application, the Secretary of State 2 may, if satisfied that the person applying will not endanger 3 the public safety or welfare, issue a restricted driving 4 permit granting the privilege of driving a motor vehicle only 5 between the hours of 5 a.m. and 9 p.m. or as otherwise 6 provided by this Section for a period of one year. After 7 this one year period, and upon reapplication for a license as 8 provided in Section 6-106, upon payment of the appropriate 9 reinstatement fee provided under paragraph (b) of Section 10 6-118, the Secretary of State, in his discretion, may issue 11 the applicant a license, or extend the restricted driving 12 permit as many times as the Secretary of State deems 13 appropriate, by additional periods of not more than 12 months 14 each, until the applicant attains 21 years of age. 15 If a person's license or permit has been revoked or 16 suspended due to 2 or more convictions of violating Section 17 11-501 of this Code or a similar provision of a local 18 ordinance or a similar out-of-state offense, arising out of 19 separate occurrences, that person, if issued a restricted 20 driving permit, may not operate a vehicle unless it has been 21 equipped with an ignition interlock device as defined in 22 Section 1-129.1. 23 If a person's license or permit has been revoked or 24 suspended 2 or more times within a 10 year period due to a 25 single conviction of violating Section 11-501 of this Code or 26 a similar provision of a local ordinance or a similar 27 out-of-state offense, and a statutory summary suspension 28 under Section 11-501.1, or 2 or more statutory summary 29 suspensions, or combination of 2 offenses, or of an offense 30 and a statutory summary suspension, arising out of separate 31 occurrences, that person, if issued a restricted driving 32 permit, may not operate a vehicle unless it has been equipped 33 with an ignition interlock device as defined in Section 34 1-129.1. The person must pay to the Secretary of State DUI HB4953 Engrossed -7- LRB9213005LBpr 1 Administration Fund an amount not to exceed $20 per month. 2 The Secretary shall establish by rule the amount and the 3 procedures, terms, and conditions relating to these fees. If 4 the restricted driving permit was issued for employment 5 purposes, then this provision does not apply to the operation 6 of an occupational vehicle owned or leased by that person's 7 employer. A restricted driving permit issued under this 8 Section shall be subject to cancellation, revocation, and 9 suspension by the Secretary of State in like manner and for 10 like cause as a driver's license issued under this Code may 11 be cancelled, revoked, or suspended; except that a conviction 12 upon one or more offenses against laws or ordinances 13 regulating the movement of traffic shall be deemed sufficient 14 cause for the revocation, suspension, or cancellation of a 15 restricted driving permit. The revocation periods contained 16 in this subparagraph shall apply to similar out-of-state 17 convictions. 18 (e) This Section is subject to the provisions of the 19 Driver License Compact. 20 (f) Any revocation imposed upon any person under 21 subsections 2 and 3 of paragraph (b) that is in effect on 22 December 31, 1988 shall be converted to a suspension for a 23 like period of time. 24 (g) The Secretary of State shall not issue a restricted 25 driving permit to a person under the age of 16 years whose 26 driving privileges have been revoked under any provisions of 27 this Code. 28 (h) The Secretary of State shall require the use of 29 ignition interlock devices on all vehicles owned by an 30 individual who has been convicted of a second or subsequent 31 offense under Section 11-501 of this Code or a similar 32 provision of a local ordinance. The Secretary shall 33 establish by rule and regulation the procedures for 34 certification and use of the interlock system. HB4953 Engrossed -8- LRB9213005LBpr 1 (i) The Secretary of State may not issue a restricted 2 driving permit for a period of one year after a second or 3 subsequent revocation of driving privileges under clause 4 (a)(2) of this Section; however, one year after the date of a 5 second or subsequent revocation of driving privileges under 6 clause (a)(2) of this Section, the Secretary of State may, 7 upon application, issue a restricted driving permit under the 8 terms and conditions of subsection (c). 9 (Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01; 10 92-418, eff. 8-17-01; revised 8-24-01.) 11 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500) 12 Sec. 6-500. Definitions of words and phrases. 13 Notwithstanding the definitions set forth elsewhere in this 14 Code, for purposes of the Uniform Commercial Driver's License 15 Act (UCDLA), the words and phrases listed belowshallhave 16 the meanings ascribed to them as follows: 17 (1) Alcohol. "Alcohol" means any substance containing 18 any form of alcohol, including but not limited to:ethanol,;19 methanol,;propanol, and isopropanol. 20 (2) Alcohol concentration. "Alcohol concentration" 21 means: 22 (A)(a)the number of grams of alcohol per 210 23 liters of breath; or 24 (B)(b)the number of grams of alcohol per 100 25 milliliters of blood; or 26 (C)(c)the number of grams of alcohol per 67 27 milliliters of urine. 28 Alcohol tests administered within 2 hours of the driver 29 being "stopped or detained" shall be considered that driver's 30 "alcohol concentration" for the purposes of enforcing this 31 UCDLA. 32 (3) (Blank). 33 (4) (Blank). HB4953 Engrossed -9- LRB9213005LBpr 1 (5) (Blank). 2 (6) Commercial Motor Vehicle. 3 (A) "Commercial motor vehicle" means a motor 4 vehicle, except those referred to in subdivision (B) 5paragraph (d), designed to transport passengers or 6 property if: 7 (i)(a)the vehicle has a GVWR of 26,001 8 pounds or more or such a lesser GVWR as subsequently 9 determined by federal regulations or the Secretary 10 of State; or any combination of vehicles with a GCWR 11 of 26,001 pounds or more, provided the GVWR of any 12 vehicle or vehicles being towed is 10,001 pounds or 13 more; or 14 (ii)(b)the vehicle is designed to transport 15 16 or more persons; or 16 (iii)(c)the vehicle is transporting 17 hazardous materials and is required to be placarded 18 in accordance with 49 C.F.R. Part 172, subpart F. 19 (B)(d)Pursuant to the interpretation of the 20 Commercial Motor Vehicle Safety Act of 1986 by the 21 Federal Highway Administration, the definition of 22 "commercial motor vehicle" does not include: 23 (i) recreational vehicles, when operated 24 primarily for personal use; 25 (ii) United States Department of Defense 26 vehicles being operated by non-civilian personnel. 27 This includes any operator on active military duty; 28 members of the Reserves; National Guard; personnel 29 on part-time training; and National Guard military 30 technicians (civilians who are required to wear 31 military uniforms and are subject to the Code of 32 Military Justice); or 33 (iii) firefighting and other emergency 34 equipment with audible and visual signals, owned or HB4953 Engrossed -10- LRB9213005LBpr 1 operated by or for a governmental entity, which is 2 necessary to the preservation of life or property or 3 the execution of emergency governmental functions 4 which are normally not subject to general traffic 5 rules and regulations. 6 (7) Controlled Substance. "Controlled substance" shall 7 have the same meaning as defined in Section 102 of the 8 Illinois Controlled Substances Act, and shall also include 9 cannabis as defined in Section 3 of the Cannabis Control Act. 10 (8) Conviction. "Conviction" means an unvacated 11 adjudication of guilt or a determination that a person has 12 violated or failed to comply with the law in a court of 13 original jurisdiction or an authorized administrative 14 tribunal; an unvacated forfeiture of bail or collateral 15 deposited to secure the person's appearance in court; the 16 payment of a fine or court cost regardless of whether the 17 imposition of sentence is deferred and ultimately a judgment 18 dismissing the underlying charge is entered; or a violation 19 of a condition of release without bail, regardless of whether 20 or not the penalty is rebated, suspended or probated. 21 (9) (Blank). 22 (10) (Blank). 23 (11) (Blank). 24 (12) (Blank). 25 (13) Driver. "Driver" means any person who drives, 26 operates, or is in physical control of a commercial motor 27 vehicle, or who is required to hold a CDL. 28 (14) Employee. "Employee" means a person who is 29 employed as a commercial motor vehicle driver. A person who 30 is self-employed as a commercial motor vehicle driver must 31 comply with the requirements of this UCDLA pertaining to 32 employees. An owner-operator on a long-term lease shall be 33 considered an employee. 34 (15) Employer. "Employer" means a person (including the HB4953 Engrossed -11- LRB9213005LBpr 1 United States, a State or a local authority) who owns or 2 leases a commercial motor vehicle or assigns employees to 3 operate such a vehicle. A person who is self-employed as a 4 commercial motor vehicle driver must comply with the 5 requirements of this UCDLA. 6 (16) (Blank). 7 (17) Foreign jurisdiction. "Foreign jurisdiction" means 8 a sovereign jurisdiction that does not fall within the 9 definition of "State". 10 (18) (Blank). 11 (19) (Blank). 12 (20) Hazardous Material. Upon a finding by the United 13 States Secretary of Transportation, in his or her discretion, 14 under 49 App. U.S.C. 5103(a), that the transportation of a 15 particular quantity and form of material in commerce may pose 16 an unreasonable risk to health and safety or property, he or 17 she shall designate the quantity and form of material or 18 group or class of the materials as a hazardous material. The 19 materials so designated may include but are not limited to 20 explosives, radioactive materials, etiologic agents, 21 flammable liquids or solids, combustible liquids or solids, 22 poisons, oxidizing or corrosive materials, and compressed 23 gases. 24 (21) Long-term leaseLong-term-lease. "Long-term lease" 25"Long-term-lease"means a lease of a commercial motor vehicle 26 by the owner-lessor to a lessee, for a period of more than 29 27 days. 28 (22) Motor Vehicle. "Motor vehicle" means every vehicle 29 which is self-propelled, and every vehicle which is propelled 30 by electric power obtained from over head trolley wires but 31 not operated upon rails, except vehicles moved solely by 32 human power and motorized wheel chairs. 33 (23) Non-resident CDL. "Non-resident CDL" means a 34 commercial driver's license issued by a state to an HB4953 Engrossed -12- LRB9213005LBpr 1 individual who is domiciled in a foreign jurisdiction. 2 (24) (Blank). 3 (25) (Blank). 4 (25.5) Railroad-Highway Grade Crossing Violation. 5 "Railroad-highway grade crossing violation" means a 6 convictionviolation, while operating a commercial motor 7 vehicle, of any of the following: 8 (A)(1)An offense listed in Article 12 of Section 9 11 of this Code.subsection (j) of Section 6-514 of this10Code.11(2) Section 11-1201 of this Code.12(3) Section 11-1201.1 of this Code.13(4) Section 11-1202 of this Code.14(5) Section 11-1203 of this Code.15(6) 92 Illinois Administrative Code 392.10.16(7) 92 Illinois Administrative Code 392.11.17 (B)(8)Anylocal ordinance that isother similar 18 violation of the law or local ordinance of any state 19 relating to railroad-highway grade crossing that the 20 Secretary of State determines by administrative rule to 21 be serious.to any of items (1) through (7).22 (26) Serious Traffic Violation. "Serious traffic 23 violation" means: 24 (A)(a)a conviction when operating a commercial 25 motor vehicle of: 26 (i) a violation relating to excessive 27 speeding, involving a single speeding charge of 15 28 miles per hour or more above the legal speed limit; 29 or 30 (ii) a violation relating to reckless driving; 31 or 32 (iii) a violation of any State law or local 33 ordinance relating to motor vehicle traffic control 34 (other than parking violations) arising in HB4953 Engrossed -13- LRB9213005LBpr 1 connection with a fatal traffic accident; or 2 (iv) a violation of Section 6-501, relating to 3 having multiple driver's licenses; or 4 (v) a violation of paragraph (a),of Section 5 6-507, relating to the requirement to have a valid 6 CDL; or 7 (vi) a violation relating to improper or 8 erratic traffic lane changes; or 9 (vii) a violation relating to following 10 another vehicle too closely; or 11 (B)(b)any other similar violation of a law or 12 local ordinance of any state relating to motor vehicle 13 traffic control, other than a parking violation, which 14 the Secretary of State determines by administrative rule 15 to be serious. 16 (27) State. "State" means a state of the United States, 17 the District of Columbia and any province or territory of 18 Canada. 19 (28) (Blank). 20 (29) (Blank). 21 (30) (Blank). 22 (31) (Blank). 23 (Source: P.A. 92-249, eff. 1-1-02; revised 9-19-01.) 24 (625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506) 25 Sec. 6-506. Commercial motor vehicle driver - 26 employer/owner responsibilities. 27 (a) No employer or commercial motor vehicle owner shall 28 knowingly allow, permit, or authorize an employee to drive a 29 commercial motor vehicle on the highways during any period in 30 which such employee: 31 (1) has a driver's license suspended, revoked or 32 cancelled by any state; or 33 (2) has lost the privilege to drive a commercial HB4953 Engrossed -14- LRB9213005LBpr 1 motor vehicle in any state; or 2 (3) has been disqualified from driving a commercial 3 motor vehicle; or 4 (4) has more than one driver's license, except as 5 provided by this UCDLA; or 6 (5) is subject to or in violation of an 7 "out-of-service" order. 8 (b) No employer or commercial motor vehicle owner shall 9mayknowingly allow, permit, authorize, or require a driver 10 to operate a commercial motor vehicle in violation of any law 11 or regulation pertaining to railroad-highway grade crossings. 12 (c) Any employer convicted of violating subsection (a) 13 of this Section, whether individually or in connection with 14 one or more other persons, or as principal agent, or 15 accessory, shall be guilty of a Class A misdemeanor. 16 (Source: P.A. 92-249, eff. 1-1-02.) 17 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514) 18 Sec. 6-514. Commercial Driver's License (CDL) - 19 Disqualifications. 20 (a) A person shall be disqualified from driving a 21 commercial motor vehicle for a period of not less than 12 22 months for the first violation of: 23 (1) Refusing to submit to or failure to complete a 24 test or tests to determine the driver's blood 25 concentration of alcohol, other drug, or both, while 26 driving a commercial motor vehicle; or 27 (2) Operating a commercial motor vehicle while the 28 alcohol concentration of the person's blood, breath or 29 urine is at least 0.04, or any amount of a drug, 30 substance, or compound in the person's blood or urine 31 resulting from the unlawful use or consumption of 32 cannabis listed in the Cannabis Control Act or a 33 controlled substance listed in the Illinois Controlled HB4953 Engrossed -15- LRB9213005LBpr 1 Substances Act as indicated by a police officer's sworn 2 report or other verified evidence; or 3 (3) Conviction for a first violation of: 4 (i) Driving a commercial motor vehicle while 5 under the influence of alcohol, or any other drug, 6 or combination of drugs to a degree which renders 7 such person incapable of safely driving; or 8 (ii) Knowingly and wilfully leaving the scene 9 of an accident while operating a commercial motor 10 vehicle; or 11 (iii) Driving a commercial motor vehicle while 12 committing any felony. 13 If any of the above violations or refusals occurred 14 while transporting hazardous material(s) required to be 15 placarded, the person shall be disqualified for a period 16 of not less than 3 years. 17 (b) A person is disqualified for life for a second 18 conviction of any of the offenses specified in paragraph (a), 19 or any combination of those offenses, arising from 2 or more 20 separate incidents. 21 (c) A person is disqualified from driving a commercial 22 motor vehicle for life who uses a commercial motor vehicle in 23 the commission of any felony involving the manufacture, 24 distribution, or dispensing of a controlled substance, or 25 possession with intent to manufacture, distribute or dispense 26 a controlled substance. 27 (d) The Secretary of State may, when the United States 28 Secretary of Transportation so authorizes, issue regulations 29 in which a disqualification for life under paragraph (b) may 30 be reduced to a period of not less than 10 years. If a 31 reinstated driver is subsequently convicted of another 32 disqualifying offense, as specified in subsection (a) of this 33 Section, he or she shall be permanently disqualified for life 34 and shall be ineligible to again apply for a reduction of the HB4953 Engrossed -16- LRB9213005LBpr 1 lifetime disqualification. 2 (e) A person is disqualified from driving a commercial 3 motor vehicle for a period of not less than 2 months if 4 convicted of 2 serious traffic violations, committed in a 5 commercial motor vehicle, arising from separate incidents, 6 occurring within a 3 year period. However, a person will be 7 disqualified from driving a commercial motor vehicle for a 8 period of not less than 4 months if convicted of 3 serious 9 traffic violations, committed in a commercial motor vehicle, 10 arising from separate incidents, occurring within a 3 year 11 period. 12 (f) Notwithstanding any other provision of this Code, 13 any driver disqualified from operating a commercial motor 14 vehicle, pursuant to this UCDLA, shall not be eligible for 15 restoration of commercial driving privileges during any such 16 period of disqualification. 17 (g) After suspending, revoking, or cancelling a 18 commercial driver's license, the Secretary of State must 19 update the driver's records to reflect such action within 10 20 days. After suspending or revoking the driving privilege of 21 any person who has been issued a CDL or commercial driver 22 instruction permit from another jurisdiction, the Secretary 23 shall originate notification to such issuing jurisdiction 24 within 10 days. 25 (h) The "disqualifications" referred to in this Section 26 shall not be imposed upon any commercial motor vehicle 27 driver, by the Secretary of State, unless the prohibited 28 action(s) occurred after March 31, 1992. 29 (i) A person is disqualified from driving a commercial 30 motor vehicle in accordance with the following: 31 (1) For 6 months upon a first conviction of 32 paragraph (2) of subsection (b) of Section 6-507 of this 33 Code. 34 (2) For one year upon a second conviction of HB4953 Engrossed -17- LRB9213005LBpr 1 paragraph (2) of subsection (b) of Section 6-507 of this 2 Code within a 10-year period. 3 (3) For 3 years upon a third or subsequent 4 conviction of paragraph (2) of subsection (b) of Section 5 6-507 of this Code within a 10-year period. 6 (4) For one year upon a first conviction of 7 paragraph (3) of subsection (b) of Section 6-507 of this 8 Code. 9 (5) For 3 years upon a second conviction of 10 paragraph (3) of subsection (b) of Section 6-507 of this 11 Code within a 10-year period. 12 (6) For 5 years upon a third or subsequent 13 conviction of paragraph (3) of subsection (b) of Section 14 6-507 of this Code within a 10-year period. 15 (j) (1) A driver shall be disqualified for the 16 applicable period specified in paragraph (2) for any 17 convictionviolationof a federal, State, or local law or 18 regulation pertaining to one of the following offenses at a 19 railroad-highway grade crossing while operating a commercial 20 motor vehicle: 21 (i) For drivers who are not always required to 22 stop, failing to slow down and check that the tracks 23 are clear of an approaching train. 24 (ii) For drivers who are not always required 25 to stop, failing to stop before reaching the 26 crossing, if the tracks are not clear. 27 (iii) For drivers who are always required to 28 stop, failing to stop before driving onto the 29 crossing. 30 (iv) For all drivers, failing to have 31 sufficient space to drive completely through the 32 crossing without stopping. 33 (v) For all drivers, failing to obey a traffic 34 control device or the directions of an enforcement HB4953 Engrossed -18- LRB9213005LBpr 1 official at the crossing. 2 (vi) For all drivers, failing to negotiate a 3 crossing because of insufficient undercarriage 4 clearance. 5 (2) A person shall be disqualified from driving a 6 commercial motor vehicle for a conviction of a 7 railroad-highway grade crossing violation in accordance with 8 the following: 9 (i) For 60 days upon a first conviction of 10 paragraph (1) of subsection (i) of Section 6-514 of 11 this Code. 12 (ii) For 120 days upon a second conviction for 13 separate incidents of paragraph (1) of subsection 14 (i) of this Section within a 3-year period. 15 (iii) For one year upon a third or subsequent 16 conviction of separate incidents of paragraph (1) of 17 subsection (i) of this Section within a 3-year 18 period. 19(2) The length of the disqualification shall be:20(i) Not less than 60 days in the case of a21conviction for any of the offenses described in22paragraph (1) if the person had no convictions for23any of the offenses described in paragraph (1)24during the 3-year period immediately preceding the25conviction.26(ii) Not less than 120 days in the case of a27conviction for any of the offenses described in28paragraph (1) if the person had one conviction for29any of the offenses described in paragraph (1)30during the 3-year period immediately preceding the31conviction.32(iii) Not less than one year in the case of a33conviction for any of the offenses described in34paragraph (1) if the person had 2 or moreHB4953 Engrossed -19- LRB9213005LBpr 1convictions, based on separate incidents, for any of2the offenses described in paragraph (1) during the33-year period immediately preceding the conviction.4 (Source: P.A. 92-249, eff. 1-1-02.) 5 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201) 6 Sec. 11-1201. Obedience to signal indicating approach of 7 train. 8 (a) Whenever any person driving a vehicle approaches a 9 railroad grade crossing where the driver is not always 10 required to stop, thesuchperson must exercise due care and 11 caution as the existence of a railroad track across a highway 12 is a warning of danger, and under any of the circumstances 13 stated in this Section, the driver shall stop within 50 feet 14 but not less than 15 feet from the nearest rail of the 15 railroad and shall not proceed until the tracks are clear and 16 he or she can do so safely. The foregoing requirements shall 17 apply when: 18 1. A clearly visible electric or mechanical signal 19 device gives warning of the immediate approach of a 20 railroad train; 21 2. A crossing gate is lowered or a human flagman 22 gives or continues to give a signal of the approach or 23 passage of a railroad train; 24 3. A railroad train approaching a highway crossing 25 emits a warning signal and such railroad train, by reason 26 of its speed or nearness to such crossing, is an 27 immediate hazard; 28 4. An approaching railroad train is plainly visible 29 and is in hazardous proximity to such crossing;.30 5. A railroad train is approaching so closely that 31 an immediate hazard is created. 32 (a-5) Whenever a person driving a vehicle approaches a 33 railroad grade crossing where the driver is not always HB4953 Engrossed -20- LRB9213005LBpr 1 required to stop but must slow down, the person must exercise 2 due care and caution as the existence of a railroad track 3 across a highway is a warning of danger, and under any of the 4 circumstances stated in this Section, the driver shall slow 5 down within 50 feet but not less than 15 feet from the 6 nearest rail of the railroad and shall not proceed until he 7 or she checks that the tracks are clear of an approaching 8 train. 9 (b) No person shall drive any vehicle through, around or 10 under any crossing gate or barrier at a railroad crossing 11 while such gate or barrier is closed or is being opened or 12 closed. 13 (c) The Department, and local authorities with the 14 approval of the Department, are hereby authorized to 15 designate particularly dangerous highway grade crossings of 16 railroads and to erect stop signs thereat. When such stop 17 signs are erected the driver of any vehicle shall stop within 18 50 feet but not less than 15 feet from the nearest rail of 19 such railroad and shall proceed only upon exercising due 20 care. 21 (d) At any railroad grade crossing provided with 22 railroad crossbuck signs, without automatic, electric, or 23 mechanical signal devices, crossing gates, or a human flagman 24 giving a signal of the approach or passage of a train, the 25 driver of a vehicle shall in obedience to the railroad 26 crossbuck sign, yield the right-of-way and slow down to a 27 speed reasonable for the existing conditions and shall stop, 28 if required for safety, at a clearly marked stopped line, or 29 if no stop line, within 50 feet but not less than 15 feet 30 from the nearest rail of the railroad and shall not proceed 31 until he or she can do so safely. If a driver is involved in 32 a collision at a railroad crossing or interferes with the 33 movement of a train after driving past the railroad crossbuck 34 sign, the collision or interference is prima facie evidence HB4953 Engrossed -21- LRB9213005LBpr 1 of the driver's failure to yield right-of-way. 2 (d-5) No person shallmaydrive any vehicle through a 3 railroad-highway graderailroadcrossing if there is 4 insufficient space to drive completely through the crossing 5 without stopping. 6 (e) It is unlawful to violate any part of this Section. 7 A first conviction of a person for a violation of any part of 8 this Section shall result in a mandatory fine of $250; all 9 subsequent convictions of that person for any violation of 10 any part of this Section shall each result in a mandatory 11 fine of $500. 12 (f) Corporate authorities of municipal corporations 13 regulating operators of vehicles that fail to obey signals 14 indicating the presence, approach, passage, or departure of a 15 train shall impose fines as established in subsection (e) of 16 this Section. 17 (Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02; 18 revised 9-19-01) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.