Public Act 094-0897
 
HB4768 Enrolled LRB094 17603 DRH 52901 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-107 as follows:
 
    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
    Sec. 6-107. Graduated license.
    (a) The purpose of the Graduated Licensing Program is to
develop safe and mature driving habits in young, inexperienced
drivers and reduce or prevent motor vehicle accidents,
fatalities, and injuries by:
        (1) providing for an increase in the time of practice
    period before granting permission to obtain a driver's
    license;
        (2) strengthening driver licensing and testing
    standards for persons under the age of 21 years;
        (3) sanctioning driving privileges of drivers under
    age 21 who have committed serious traffic violations or
    other specified offenses; and
        (4) setting stricter standards to promote the public's
    health and safety.
    (b) The application of any person under the age of 18
years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the
laws of this State, shall be accompanied by the written consent
of either parent of the applicant; otherwise by the guardian
having custody of the applicant, or in the event there is no
parent or guardian, then by another responsible adult. The
written consent must accompany any application for a driver's
license under this subsection (b), regardless of whether or not
the required written consent also accompanied the person's
previous application for an instruction permit.
    No graduated driver's license shall be issued to any
applicant under 18 years of age, unless the applicant is at
least 16 years of age and has:
        (1) Held a valid instruction permit for a minimum of 3
    months.
        (2) Passed an approved driver education course and
    submits proof of having passed the course as may be
    required.
        (3) certification by the parent, legal guardian, or
    responsible adult that the applicant has had a minimum of
    50 25 hours of behind-the-wheel practice time, at least 10
    hours of which have been at night, and is sufficiently
    prepared and able to safely operate a motor vehicle.
    (c) No graduated driver's license or permit shall be issued
to any applicant under 18 years of age who has committed the
offense of operating a motor vehicle without a valid license or
permit in violation of Section 6-101 of this Code and no
graduated driver's license or permit shall be issued to any
applicant under 18 years of age who has committed an offense
that would otherwise result in a mandatory revocation of a
license or permit as provided in Section 6-205 of this Code or
who has been either convicted of or adjudicated a delinquent
based upon a violation of the Cannabis Control Act, the
Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act while that individual was
in actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act shall not be considered
convicted. Any person found guilty of this offense, while in
actual physical control of a motor vehicle, shall have an entry
made in the court record by the judge that this offense did
occur while the person was in actual physical control of a
motor vehicle and order the clerk of the court to report the
violation to the Secretary of State as such.
    (d) No graduated driver's license shall be issued for 6
months to any applicant under the age of 18 years who has been
convicted of any offense defined as a serious traffic violation
in this Code or a similar provision of a local ordinance.
    (e) No graduated driver's license holder under the age of
18 years shall operate any motor vehicle, except a motor driven
cycle or motorcycle, with more than one passenger in the front
seat of the motor vehicle and no more passengers in the back
seats than the number of available seat safety belts as set
forth in Section 12-603 of this Code.
    (f) No graduated driver's license holder under the age of
18 shall operate a motor vehicle unless each driver and
passenger under the age of 19 is wearing a properly adjusted
and fastened seat safety belt and each child under the age of 8
is protected as required under the Child Passenger Protection
Act.
    (g) If a graduated driver's license holder is under the age
of 18 when he or she receives the license, for the first 6
months he or she holds the license or until he or she reaches
the age of 18, whichever occurs sooner, the graduated license
holder may not operate a motor vehicle with more than one
passenger in the vehicle who is under the age of 20, unless any
additional passenger or passengers are siblings,
step-siblings, children, or stepchildren of the driver.
(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239,
eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; revised
8-19-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.