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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB4953enr HB4953 Enrolled 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 compounds, or any combination thereof,or both,or submission 21 to such a test or tests indicating an alcohol concentration 22 of 0.08 or more as 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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 violation, while operating a commercial motor vehicle, of any 7 of the following: 8 (A) Section 11-1201, 11-1202, or 11-1425 of this 9 Code.(1) An offense listed in subsection (j) of Section106-514 of this Code.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 law or local ordinance of any state relating to 19 railroad-highway grade crossing.to any of items (1)20through (7).21 (26) Serious Traffic Violation. "Serious traffic 22 violation" means: 23 (A)(a)a conviction when operating a commercial 24 motor 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 HB4953 Enrolled -13- LRB9213005LBpr 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)(b)any other similar violation of a law or 11 local ordinance of any state relating to motor vehicle 12 traffic control, other than a parking violation, which 13 the Secretary of State determines by administrative rule 14 to be serious. 15 (27) State. "State" means a state of the United States, 16 the District of Columbia and any province or territory of 17 Canada. 18 (28) (Blank). 19 (29) (Blank). 20 (30) (Blank). 21 (31) (Blank). 22 (Source: P.A. 92-249, eff. 1-1-02; revised 9-19-01.) 23 (625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506) 24 Sec. 6-506. Commercial motor vehicle driver - 25 employer/owner responsibilities. 26 (a) No employer or commercial motor vehicle owner shall 27 knowingly allow, permit, or authorize an employee to drive a 28 commercial motor vehicle on the highways during any period in 29 which such employee: 30 (1) has a driver's license suspended, revoked or 31 cancelled by any state; or 32 (2) has lost the privilege to drive a commercial 33 motor vehicle in any state; or HB4953 Enrolled -14- LRB9213005LBpr 1 (3) has been disqualified from driving a commercial 2 motor vehicle; or 3 (4) has more than one driver's license, except as 4 provided by this UCDLA; or 5 (5) is subject to or in violation of an 6 "out-of-service" order. 7 (b) No employer or commercial motor vehicle owner shall 8mayknowingly allow, permit, authorize, or require a driver 9 to operate a commercial motor vehicle in violation of any law 10 or regulation pertaining to railroad-highway grade crossings. 11 (c) Any employer convicted of violating subsection (a) 12 of this Section, whether individually or in connection with 13 one or more other persons, or as principal agent, or 14 accessory, shall be guilty of a Class A misdemeanor. 15 (Source: P.A. 92-249, eff. 1-1-02.) 16 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514) 17 Sec. 6-514. Commercial Driver's License (CDL) - 18 Disqualifications. 19 (a) A person shall be disqualified from driving a 20 commercial motor vehicle for a period of not less than 12 21 months for the first violation of: 22 (1) Refusing to submit to or failure to complete a 23 test or tests to determine the driver's blood 24 concentration of alcohol, other drug, or both, while 25 driving a commercial motor vehicle; or 26 (2) Operating a commercial motor vehicle while the 27 alcohol concentration of the person's blood, breath or 28 urine is at least 0.04, or any amount of a drug, 29 substance, or compound in the person's blood or urine 30 resulting from the unlawful use or consumption of 31 cannabis listed in the Cannabis Control Act or a 32 controlled substance listed in the Illinois Controlled 33 Substances Act as indicated by a police officer's sworn HB4953 Enrolled -15- LRB9213005LBpr 1 report or other verified evidence; or 2 (3) Conviction for a first violation of: 3 (i) Driving a commercial motor vehicle while 4 under the influence of alcohol, or any other drug, 5 or combination of drugs to a degree which renders 6 such person incapable of safely driving; or 7 (ii) Knowingly and wilfully leaving the scene 8 of an accident while operating a commercial motor 9 vehicle; or 10 (iii) Driving a commercial motor vehicle while 11 committing any felony. 12 If any of the above violations or refusals occurred 13 while transporting hazardous material(s) required to be 14 placarded, the person shall be disqualified for a period 15 of not less than 3 years. 16 (b) A person is disqualified for life for a second 17 conviction of any of the offenses specified in paragraph (a), 18 or any combination of those offenses, arising from 2 or more 19 separate incidents. 20 (c) A person is disqualified from driving a commercial 21 motor vehicle for life who uses a commercial motor vehicle in 22 the commission of any felony involving the manufacture, 23 distribution, or dispensing of a controlled substance, or 24 possession with intent to manufacture, distribute or dispense 25 a controlled substance. 26 (d) The Secretary of State may, when the United States 27 Secretary of Transportation so authorizes, issue regulations 28 in which a disqualification for life under paragraph (b) may 29 be reduced to a period of not less than 10 years. If a 30 reinstated driver is subsequently convicted of another 31 disqualifying offense, as specified in subsection (a) of this 32 Section, he or she shall be permanently disqualified for life 33 and shall be ineligible to again apply for a reduction of the 34 lifetime disqualification. HB4953 Enrolled -16- LRB9213005LBpr 1 (e) A person is disqualified from driving a commercial 2 motor vehicle for a period of not less than 2 months if 3 convicted of 2 serious traffic violations, committed in a 4 commercial motor vehicle, arising from separate incidents, 5 occurring within a 3 year period. However, a person will be 6 disqualified from driving a commercial motor vehicle for a 7 period of not less than 4 months if convicted of 3 serious 8 traffic violations, committed in a commercial motor vehicle, 9 arising from separate incidents, occurring within a 3 year 10 period. 11 (f) Notwithstanding any other provision of this Code, 12 any driver disqualified from operating a commercial motor 13 vehicle, pursuant to this UCDLA, shall not be eligible for 14 restoration of commercial driving privileges during any such 15 period of disqualification. 16 (g) After suspending, revoking, or cancelling a 17 commercial driver's license, the Secretary of State must 18 update the driver's records to reflect such action within 10 19 days. After suspending or revoking the driving privilege of 20 any person who has been issued a CDL or commercial driver 21 instruction permit from another jurisdiction, the Secretary 22 shall originate notification to such issuing jurisdiction 23 within 10 days. 24 (h) The "disqualifications" referred to in this Section 25 shall not be imposed upon any commercial motor vehicle 26 driver, by the Secretary of State, unless the prohibited 27 action(s) occurred after March 31, 1992. 28 (i) A person is disqualified from driving a commercial 29 motor vehicle in accordance with the following: 30 (1) For 6 months upon a first conviction of 31 paragraph (2) of subsection (b) of Section 6-507 of this 32 Code. 33 (2) For one year upon a second conviction of 34 paragraph (2) of subsection (b) of Section 6-507 of this HB4953 Enrolled -17- LRB9213005LBpr 1 Code within a 10-year period. 2 (3) For 3 years upon a third or subsequent 3 conviction of paragraph (2) of subsection (b) of Section 4 6-507 of this Code within a 10-year period. 5 (4) For one year upon a first conviction of 6 paragraph (3) of subsection (b) of Section 6-507 of this 7 Code. 8 (5) For 3 years upon a second conviction of 9 paragraph (3) of subsection (b) of Section 6-507 of this 10 Code within a 10-year period. 11 (6) For 5 years upon a third or subsequent 12 conviction of paragraph (3) of subsection (b) of Section 13 6-507 of this Code within a 10-year period. 14 (j) Disqualification for railroad-highway grade crossing 15 violation. 16 (1) General rule. A driver who is convicted of a 17 violation of a federal, State, or local law or regulation 18 pertaining to one of the following 6 offenses at a 19 railroad-highway grade crossing must be disqualified from 20 operating a commercial motor vehicle for the period of 21 time specified in paragraph (2) of this subsection (j) if 22 the offense was committed while operating a commercial 23 motor vehicle: 24 (i) For drivers who are not required to always 25 stop, failing to slow down and check that the tracks 26 are clear of an approaching train, as described in 27 subsection (a-5) of Section 11-1201 of this Code; 28 (ii) For drivers who are not required to 29 always stop, failing to stop before reaching the 30 crossing, if the tracks are not clear, as described 31 in subsection (a) of Section 11-1201 of this Code; 32 (iii) For drivers who are always required to 33 stop, failing to stop before driving onto the 34 crossing, as described in Section 11-1202 of this HB4953 Enrolled -18- LRB9213005LBpr 1 Code; 2 (iv) For all drivers, failing to have 3 sufficient space to drive completely through the 4 crossing without stopping, as described in 5 subsection (b) of Section 11-1425 of this Code; 6 (v) For all drivers, failing to obey a traffic 7 control device or the directions of an enforcement 8 official at the crossing, as described in 9 subdivision (a)2 of Section 11-1201 of this Code; 10 (vi) For all drivers, failing to negotiate a 11 crossing because of insufficient undercarriage 12 clearance, as described in subsection (d-1) of 13 Section 11-1201 of this Code. 14 (2) Duration of disqualification for 15 railroad-highway grade crossing violation. 16 (i) First violation. A driver must be 17 disqualified from operating a commercial motor 18 vehicle for not less than 60 days if the driver is 19 convicted of a violation described in paragraph (1) 20 of this subsection (j) and, in the three-year period 21 preceding the conviction, the driver had no 22 convictions for a violation described in paragraph 23 (1) of this subsection (j). 24 (ii) Second violation. A driver must be 25 disqualified from operating a commercial motor 26 vehicle for not less than 120 days if the driver is 27 convicted of a violation described in paragraph (1) 28 of this subsection (j) and, in the three-year period 29 preceding the conviction, the driver had one other 30 conviction for a violation described in paragraph 31 (1) of this subsection (j) that was committed in a 32 separate incident. 33 (iii) Third or subsequent violation. A driver 34 must be disqualified from operating a commercial HB4953 Enrolled -19- LRB9213005LBpr 1 motor vehicle for not less than one year if the 2 driver is convicted of a violation described in 3 paragraph (1) of this subsection (j) and, in the 4 three-year period preceding the conviction, the 5 driver had 2 or more other convictions for 6 violations described in paragraph (1) of this 7 subsection (j) that were committed in separate 8 incidents. 9(j) (1) A driver shall be disqualified for the10applicable period specified in paragraph (2) for any11violation of a federal, State, or local law or regulation12pertaining to one of the following offenses at a13railroad-highway grade crossing while operating a commercial14motor vehicle:15(i) For drivers who are not always required to16stop, failing to slow down and check that the tracks17are clear of an approaching train.18(ii) For drivers who are not always required19to stop, failing to stop before reaching the20crossing, if the tracks are not clear.21(iii) For drivers who are always required to22stop, failing to stop before driving onto the23crossing.24(iv) For all drivers, failing to have25sufficient space to drive completely through the26crossing without stopping.27(v) For all drivers, failing to obey a traffic28control device or the directions of an enforcement29official at the crossing.30(vi) For all drivers, failing to negotiate a31crossing because of insufficient undercarriage32clearance.33(2) The length of the disqualification shall be:34(i) Not less than 60 days in the case of aHB4953 Enrolled -20- LRB9213005LBpr 1conviction for any of the offenses described in2paragraph (1) if the person had no convictions for3any of the offenses described in paragraph (1)4during the 3-year period immediately preceding the5conviction.6(ii) Not less than 120 days in the case of a7conviction for any of the offenses described in8paragraph (1) if the person had one conviction for9any of the offenses described in paragraph (1)10during the 3-year period immediately preceding the11conviction.12(iii) Not less than one year in the case of a13conviction for any of the offenses described in14paragraph (1) if the person had 2 or more15convictions, based on separate incidents, for any of16the offenses described in paragraph (1) during the173-year period immediately preceding the conviction.18 (Source: P.A. 92-249, eff. 1-1-02.) 19 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201) 20 Sec. 11-1201. Obedience to signal indicating approach of 21 train. 22 (a) Whenever any person driving a vehicle approaches a 23 railroad grade crossing where the driver is not always 24 required to stop, thesuchperson must exercise due care and 25 caution as the existence of a railroad track across a highway 26 is a warning of danger, and under any of the circumstances 27 stated in this Section, the driver shall stop within 50 feet 28 but not less than 15 feet from the nearest rail of the 29 railroad and shall not proceed until the tracks are clear and 30 he or she can do so safely. The foregoing requirements shall 31 apply when: 32 1. A clearly visible electric or mechanical signal 33 device gives warning of the immediate approach of a HB4953 Enrolled -21- LRB9213005LBpr 1 railroad train; 2 2. A crossing gate is lowered or a human flagman 3 gives or continues to give a signal of the approach or 4 passage of a railroad train; 5 3. A railroad train approaching a highway crossing 6 emits a warning signal and such railroad train, by reason 7 of its speed or nearness to such crossing, is an 8 immediate hazard; 9 4. An approaching railroad train is plainly visible 10 and is in hazardous proximity to such crossing;.11 5. A railroad train is approaching so closely that 12 an immediate hazard is created. 13 (a-5) Whenever a person driving a vehicle approaches a 14 railroad grade crossing where the driver is not always 15 required to stop but must slow down, the person must exercise 16 due care and caution as the existence of a railroad track 17 across a highway is a warning of danger, and under any of the 18 circumstances stated in this Section, the driver shall slow 19 down within 50 feet but not less than 15 feet from the 20 nearest rail of the railroad and shall not proceed until he 21 or she checks that the tracks are clear of an approaching 22 train. 23 (b) No person shall drive any vehicle through, around or 24 under any crossing gate or barrier at a railroad crossing 25 while such gate or barrier is closed or is being opened or 26 closed. 27 (c) The Department, and local authorities with the 28 approval of the Department, are hereby authorized to 29 designate particularly dangerous highway grade crossings of 30 railroads and to erect stop signs thereat. When such stop 31 signs are erected the driver of any vehicle shall stop within 32 50 feet but not less than 15 feet from the nearest rail of 33 such railroad and shall proceed only upon exercising due 34 care. HB4953 Enrolled -22- LRB9213005LBpr 1 (d) At any railroad grade crossing provided with 2 railroad crossbuck signs, without automatic, electric, or 3 mechanical signal devices, crossing gates, or a human flagman 4 giving a signal of the approach or passage of a train, the 5 driver of a vehicle shall in obedience to the railroad 6 crossbuck sign, yield the right-of-way and slow down to a 7 speed reasonable for the existing conditions and shall stop, 8 if required for safety, at a clearly marked stopped line, or 9 if no stop line, within 50 feet but not less than 15 feet 10 from the nearest rail of the railroad and shall not proceed 11 until he or she can do so safely. If a driver is involved in 12 a collision at a railroad crossing or interferes with the 13 movement of a train after driving past the railroad crossbuck 14 sign, the collision or interference is prima facie evidence 15 of the driver's failure to yield right-of-way. 16 (d-1) No person shall, while driving a commercial motor 17 vehicle, fail to negotiate a railroad-highway grade railroad 18 crossing because of insufficient undercarriage clearance. 19 (d-5) (Blank).No person may drive any vehicle through a20railroad crossing if there is insufficient space to drive21completely through the crossing without stopping.22 (e) It is unlawful to violate any part of this Section. 23 A first conviction of a person for a violation of any part of 24 this Section shall result in a mandatory fine of $250; all 25 subsequent convictions of that person for any violation of 26 any part of this Section shall each result in a mandatory 27 fine of $500. 28 (f) Corporate authorities of municipal corporations 29 regulating operators of vehicles that fail to obey signals 30 indicating the presence, approach, passage, or departure of a 31 train shall impose fines as established in subsection (e) of 32 this Section. 33 (Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02; 34 revised 9-19-01.) HB4953 Enrolled -23- LRB9213005LBpr 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.