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Public Act 098-0176 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 1-111.6, 1-115.3, 1-204.4, 2-119, 6-101, 6-118, | ||||
6-201, 6-204, 6-207, 6-500, 6-502, 6-503, 6-506, 6-507, 6-508, | ||||
6-508.1, 6-509, 6-510, 6-511, 6-512, 6-513, 6-514, 6-518, | ||||
6-523, and 6-704 and by adding Sections 1-110.1a, 1-111.7a, | ||||
1-148.5a, 6-507.5, and 6-512.5 as follows: | ||||
(625 ILCS 5/1-110.1a new) | ||||
Sec. 1-110.1a. CDL Driver. A person holding a CDL or a | ||||
person required to hold a CDL.
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(625 ILCS 5/1-111.6)
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Sec. 1-111.6. Commercial driver's license (CDL). A license
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issued to an individual by a state or other jurisdiction of | ||||
domicile , in accordance with the standards contained in 49 | ||||
C.F.R. Part 383,
to an individual which authorizes the | ||||
individual to operate a
class of a commercial motor vehicle.
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(Source: P.A. 95-382, eff. 8-23-07.)
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(625 ILCS 5/1-111.7a new) | ||||
Sec. 1-111.7a. Commercial Learner's Permit (CLP). A permit |
issued to an individual by a state or other jurisdiction of | ||
domicile, in accordance with the standards contained in 49 | ||
C.F.R. Part 383, which, when carried with a valid driver's | ||
license issued by the same state or jurisdiction of domicile, | ||
authorizes the individual to operate a class of commercial | ||
motor vehicle when accompanied by a holder of a valid CDL for | ||
purposes of behind-the-wheel training. When issued to a CDL | ||
holder, a CLP serves as authorization for accompanied | ||
behind-the-wheel training in a commercial motor vehicle for | ||
which the holder's current CDL is not valid.
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(625 ILCS 5/1-115.3)
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Sec. 1-115.3. Disqualification. Disqualification means any | ||
of the following 3 actions: | ||
(a) The suspension, revocation, or cancellation of a CLP or | ||
CDL by the State or jurisdiction of issuance. | ||
(b) Any withdrawal of a person's privileges to drive a | ||
commercial motor vehicle by a State or other jurisdiction as a | ||
result of a violation of State or local law relating to motor | ||
vehicle traffic control (other than parking, vehicle weight or | ||
vehicle defect violations). | ||
(c) A determination by the Federal Motor Carrier Safety | ||
Administration that a person is not qualified to operate a | ||
commercial motor vehicle under 49 C.F.R. Part 391.
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(Source: P.A. 94-307, eff. 9-30-05.)
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(625 ILCS 5/1-148.5a new) | ||
Sec. 1-148.5a. Non-CDL. Any other type of motor vehicle | ||
license, such as an automobile driver's license or a motorcycle | ||
license.
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(625 ILCS 5/1-204.4)
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Sec. 1-204.4. Tank vehicle. Any commercial motor vehicle | ||
that is designed
to transport any liquid or gaseous material | ||
within a tank or tanks having an individual rated capacity of | ||
more than 119 gallons and an aggregate rated capacity of 1,000 | ||
gallons or more that is either
permanently or temporarily | ||
attached to the vehicle or the chassis. A commercial motor | ||
vehicle transporting an empty storage container tank, not | ||
designed for transportation, with a rated capacity of 1,000 | ||
gallons or more that is temporarily attached to a flatbed | ||
trailer is not considered a tank vehicle. Those
vehicles | ||
include, but are not limited to, cargo tanks and portable | ||
tanks, as
defined in 49 C.F.R. Part 171. However, for the | ||
purposes of Article V of
Chapter 6 of this Code, this | ||
definition does not include portable tanks having
a rated | ||
capacity of less than 1,000 gallons.
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(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
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Sec. 2-119. Disposition of fees and taxes.
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(a) All moneys received from Salvage Certificates shall be |
deposited in
the Common School Fund in the State Treasury.
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(b) Beginning January 1, 1990 and concluding December 31, | ||
1994, of the
money collected for each certificate of title, | ||
duplicate certificate of
title and corrected certificate of | ||
title, $0.50 shall be deposited into the
Used Tire Management | ||
Fund. Beginning January 1, 1990 and concluding
December 31, | ||
1994, of the money collected for each certificate of title,
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duplicate certificate of title and corrected certificate of | ||
title, $1.50
shall be deposited in the Park and Conservation | ||
Fund.
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Beginning January 1, 1995, of the money collected for each | ||
certificate of
title, duplicate certificate of title and | ||
corrected certificate of title, $3.25
shall be deposited in the | ||
Park and Conservation Fund. The moneys deposited in
the Park | ||
and Conservation Fund pursuant to this Section shall be used | ||
for the
acquisition and development of bike paths as provided | ||
for in Section 805-420 of
the Department of Natural Resources | ||
(Conservation) Law (20 ILCS 805/805-420). The monies deposited | ||
into the Park and Conservation Fund under this subsection shall | ||
not be subject to administrative charges or chargebacks unless | ||
otherwise authorized by this Act.
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Beginning January 1, 2000, of
the
moneys collected for each | ||
certificate of title, duplicate certificate of title,
and | ||
corrected certificate of title, $48 shall be deposited into the | ||
Road Fund
and $4 shall be deposited into the Motor Vehicle | ||
License Plate Fund, except
that if the balance in the Motor |
Vehicle License Plate Fund exceeds $40,000,000
on the last day | ||
of a calendar month, then during the next calendar month the $4
| ||
shall instead be deposited into the Road Fund.
| ||
Beginning January 1, 2005, of the moneys collected for each | ||
delinquent vehicle registration renewal fee, $20 shall be | ||
deposited into the General Revenue Fund. | ||
Except as otherwise provided in this Code, all remaining | ||
moneys collected
for certificates of title, and all moneys | ||
collected for filing of security
interests, shall be placed in | ||
the General Revenue Fund in the State Treasury.
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(c) All moneys collected for that portion of a driver's | ||
license fee
designated for driver education under Section 6-118 | ||
shall be placed in
the Driver Education Fund in the State | ||
Treasury.
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(d) Beginning January 1, 1999, of the monies collected as a | ||
registration
fee for each motorcycle, motor driven cycle and | ||
moped, 27%
of each annual registration fee for such vehicle and | ||
27% of each semiannual
registration fee for such vehicle is | ||
deposited in the Cycle Rider Safety
Training Fund.
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(e) Of the monies received by the Secretary of State as | ||
registration
fees or taxes or as payment of any other fee, as | ||
provided in this Act, except
fees received by the Secretary | ||
under paragraph (7) of subsection (b) of Section
5-101 and | ||
Section 5-109 of this Code, 37% shall be deposited into the | ||
State
Construction Fund.
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(f) Of the total money collected for a commercial learner's |
permit (CLP) CDL instruction permit or
original or renewal | ||
issuance of a commercial driver's license (CDL)
pursuant to the | ||
Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the
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total fee for an original or renewal CDL, and $6 of the total | ||
CLP CDL
instruction permit fee when such permit is issued to | ||
any person holding a
valid Illinois driver's license, shall be | ||
paid into the CDLIS/AAMVAnet
Trust Fund (Commercial Driver's | ||
License Information System/American
Association of Motor | ||
Vehicle Administrators network Trust Fund) and shall
be used | ||
for the purposes provided in Section 6z-23 of the State Finance | ||
Act
and (ii) $20 of the total fee for an original or renewal | ||
CDL or CLP commercial
driver instruction permit shall be paid
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into the Motor Carrier Safety Inspection Fund, which is hereby | ||
created as a
special fund in the State Treasury, to be used by
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the Department
of State Police, subject to appropriation, to | ||
hire additional officers to
conduct motor carrier safety
| ||
inspections
pursuant to Chapter 18b of this Code.
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(g) All remaining moneys received by the Secretary of State | ||
as
registration fees or taxes or as payment of any other fee, | ||
as provided in
this Act, except fees received by the Secretary | ||
under paragraph (7)(A) of
subsection (b) of Section 5-101 and | ||
Section 5-109 of this Code,
shall be deposited in the Road Fund | ||
in the State Treasury. Moneys
in the Road Fund shall be used | ||
for the purposes provided in
Section 8.3 of the State Finance | ||
Act.
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(h) (Blank).
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(i) (Blank).
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(j) (Blank).
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(k) There is created in the State Treasury a special fund | ||
to be known as
the Secretary of State Special License Plate | ||
Fund. Money deposited into the
Fund shall, subject to | ||
appropriation, be used by the Office of the Secretary
of State | ||
(i) to help defray plate manufacturing and plate processing | ||
costs
for the issuance and, when applicable, renewal of any new | ||
or existing
registration plates authorized under this Code and | ||
(ii) for grants made by the
Secretary of State to benefit | ||
Illinois Veterans Home libraries.
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On or before October 1, 1995, the Secretary of State shall | ||
direct the
State Comptroller and State Treasurer to transfer | ||
any unexpended balance in
the Special Environmental License | ||
Plate Fund, the Special Korean War Veteran
License Plate Fund, | ||
and the Retired Congressional License Plate Fund to the
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Secretary of State Special License Plate Fund.
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(l) The Motor Vehicle Review Board Fund is created as a | ||
special fund in
the State Treasury. Moneys deposited into the | ||
Fund under paragraph (7) of
subsection (b) of Section 5-101 and | ||
Section 5-109 shall,
subject to appropriation, be used by the | ||
Office of the Secretary of State to
administer the Motor | ||
Vehicle Review Board, including without
limitation payment of | ||
compensation and all necessary expenses incurred in
| ||
administering the Motor Vehicle Review Board under the Motor | ||
Vehicle Franchise
Act.
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(m) Effective July 1, 1996, there is created in the State
| ||
Treasury a special fund to be known as the Family | ||
Responsibility Fund. Moneys
deposited into the Fund shall, | ||
subject to appropriation, be used by the Office
of the | ||
Secretary of State for the purpose of enforcing the Family | ||
Financial
Responsibility Law.
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(n) The Illinois Fire Fighters' Memorial Fund is created as | ||
a special
fund in the State Treasury. Moneys deposited into the | ||
Fund shall, subject
to appropriation, be used by the Office of | ||
the State Fire Marshal for
construction of the Illinois Fire | ||
Fighters' Memorial to be located at the
State Capitol grounds | ||
in Springfield, Illinois. Upon the completion of the
Memorial, | ||
moneys in the Fund shall be used in accordance with Section | ||
3-634.
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(o) Of the money collected for each certificate of title | ||
for all-terrain
vehicles and off-highway motorcycles, $17 | ||
shall be deposited into the
Off-Highway Vehicle Trails Fund.
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(p) For audits conducted on or after July 1, 2003 pursuant | ||
to Section
2-124(d) of this Code, 50% of the money collected as | ||
audit fees shall be
deposited
into the General Revenue Fund.
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(Source: P.A. 96-554, eff. 1-1-10; 97-1136, eff. 1-1-13.)
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(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
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Sec. 6-101. Drivers must have licenses or permits.
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(a) No person, except those expressly exempted by Section | ||
6-102, shall
drive any motor vehicle upon a highway in this |
State unless such person has
a valid license or permit, or a | ||
restricted driving permit, issued under the
provisions of this | ||
Act.
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(b) No person shall drive a motor vehicle unless he holds a | ||
valid
license or permit, or a restricted driving permit issued | ||
under the
provisions of Section 6-205, 6-206, or 6-113 of this | ||
Act. Any person to
whom a license is issued under the | ||
provisions of this Act must surrender to
the Secretary of State | ||
all valid licenses or permits , except that an applicant for a | ||
non-domiciled commercial learner's permit or commercial | ||
driver's license shall not be required to surrender a license | ||
or permit issued by the applicant's state or country of | ||
domicile . No drivers license or instruction permit
shall be | ||
issued to any person who holds a valid Foreign State license,
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identification card, or permit
unless such person first | ||
surrenders to the Secretary of State any such
valid Foreign | ||
State license,
identification card, or permit.
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(b-5) Any person who commits a violation of subsection (a) | ||
or (b) of this Section is guilty of a Class A misdemeanor, if | ||
at the time of the violation the person's driver's license or | ||
permit was cancelled under clause (a)9 of Section 6-201 of this | ||
Code.
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(c) Any person licensed as a driver hereunder shall not be | ||
required by
any city, village, incorporated town or other | ||
municipal corporation to
obtain any other license to exercise | ||
the privilege thereby granted.
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(d) In addition to other penalties imposed under this | ||
Section, any person
in violation of this Section who is also in | ||
violation of Section 7-601 of this
Code relating to mandatory | ||
insurance requirements shall have his or her motor
vehicle | ||
immediately impounded by the arresting law enforcement | ||
officer. The
motor vehicle may be released to any licensed | ||
driver upon a showing of proof of
insurance for the motor | ||
vehicle that was impounded and the notarized written
consent | ||
for the release by the vehicle owner.
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(e) In addition to other penalties imposed under this | ||
Section, the
vehicle
of any person
in violation of this Section | ||
who is also in violation of Section 7-601 of this
Code relating | ||
to mandatory insurance requirements and who, in violating this
| ||
Section, has caused death or personal injury to another person | ||
is subject to
forfeiture under
Sections 36-1 and 36-2 of the | ||
Criminal Code of 2012.
For the purposes of this Section, a | ||
personal injury shall include
any type A injury as indicated on | ||
the traffic accident report completed
by a law enforcement | ||
officer that requires immediate professional attention
in | ||
either a doctor's office or a medical facility. A type A injury | ||
shall
include severely bleeding wounds, distorted extremities, | ||
and injuries that
require the injured party to be carried from | ||
the scene.
| ||
(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13.)
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(625 ILCS 5/6-118)
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Sec. 6-118. Fees. | ||
(a) The fee for licenses and permits under this
Article is | ||
as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license | ||
issued to 18, 19 and 20 year olds .................. 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. 5 | ||
All driver's licenses for persons | ||
age 81 through age 86 .............................. 2 | ||
All driver's licenses for persons | ||
age 87 or older .....................................0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 and 20 or | ||
age 69 and older) ..................................30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously | ||
held an Illinois instruction permit or | ||
driver's license .................................. 20 | ||
Instruction permit issued to any person | ||
holding an Illinois driver's license | ||
who wishes a change in classifications, | ||
other than at the time of renewal .................. 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... 5 |
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document | ||
in Illinois ....................................... 10 | ||
Restricted driving permit .............................. 8 | ||
Monitoring device driving permit ...................... 8 | ||
Duplicate or corrected driver's license | ||
or permit .......................................... 5 | ||
Duplicate or corrected restricted | ||
driving permit ..................................... 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. 5 | ||
Duplicate driver's license or permit issued to | ||
an active-duty member of the | ||
United States Armed Forces, | ||
the member's spouse, or | ||
the dependent children living | ||
with the member ................................... 0 | ||
Original or renewal M or L endorsement ................. 5 | ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||
The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet Trust Fund |
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle | ||
Administrators network Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial learner's driver instruction permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: $6 for the | ||
CDLIS/AAMVAnet Trust Fund; | ||
$20 for the Motor Carrier | ||
Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 | ||
Commercial learner's driver instruction permit | ||
issued to any person holding a valid | ||
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 |
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the | ||
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person who presents the Secretary of State's office | ||
with a
police report showing that his license or permit was | ||
stolen. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older whose driver's license or permit | ||
has been lost or stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license. | ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked under | ||
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows: | ||
Suspension under Section 3-707 .....................
$100
| ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 |
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501 or | ||
11-501.1
of this Code or a similar provision of a local | ||
ordinance
or a similar out-of-state offense
or Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||
suspension or revocation was for a violation of Section 11-501 | ||
or
11-501.1 of this Code or a similar provision of a local | ||
ordinance
or a similar out-of-state offense
or Section
9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||
pay, in addition to any other
fees required by this Code, a
| ||
reinstatement
fee as follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows: | ||
1. The following amounts shall be paid into the Driver | ||
Education Fund: | ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's |
license;
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. | ||
2. $30 of the $250 fee for reinstatement of a
license
| ||
summarily suspended under Section 11-501.1 shall be | ||
deposited into the
Drunk and Drugged Driving Prevention | ||
Fund.
However, for a person whose license or privilege to | ||
operate a motor vehicle
in this State has been suspended or | ||
revoked for a second or subsequent time for
a violation of | ||
Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||
the
Criminal Code of 1961 or the Criminal Code of 2012,
| ||
$190 of the $500 fee for reinstatement of a license | ||
summarily
suspended under
Section 11-501.1,
and $190 of the | ||
$500 fee for reinstatement of a revoked license
shall be | ||
deposited into the Drunk and Drugged Driving Prevention | ||
Fund. $190 of the $500 fee for reinstatement of a license | ||
summarily revoked pursuant to Section 11-501.1 shall be | ||
deposited into the Drunk and Drugged Driving Prevention | ||
Fund. | ||
3. $6 of the such original or renewal fee for a | ||
commercial driver's
license and $6 of the commercial | ||
learner's driver instruction permit fee when the such
| ||
permit is issued to any person holding a valid Illinois | ||
driver's license,
shall be paid into the CDLIS/AAMVAnet |
Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund. | ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial | ||
driver's
license or commercial learner's driver | ||
instruction permit shall be paid into the Motor
Carrier | ||
Safety Inspection Fund. | ||
7. The following amounts shall be paid into the General | ||
Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1; | ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and | ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be | ||
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after |
becoming law. | ||
(f) As used in this Section, "active-duty member of the | ||
United States Armed Forces" means a member of the Armed | ||
Services or Reserve Forces of the United States or a member of | ||
the Illinois National Guard who is called to active duty | ||
pursuant to an executive order of the President of the United | ||
States, an act of the Congress of the United States, or an | ||
order of the Governor. | ||
(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; | ||
96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff. | ||
8-12-11; 97-1150, eff. 1-25-13.)
| ||
(625 ILCS 5/6-201)
| ||
Sec. 6-201. Authority to cancel licenses and permits.
| ||
(a) The Secretary of State is authorized to cancel any | ||
license or permit
upon determining that the holder thereof:
| ||
1. was not entitled to the issuance thereof hereunder; | ||
or
| ||
2. failed to give the required or correct information | ||
in his
application; or
| ||
3. failed to pay any fees, civil penalties owed to the | ||
Illinois Commerce
Commission, or taxes due under this Act | ||
and upon reasonable notice and demand;
or
| ||
4. committed any fraud in the making of such | ||
application; or
| ||
5. is ineligible therefor under the provisions of |
Section 6-103 of this
Act, as amended; or
| ||
6. has refused or neglected to submit an alcohol, drug, | ||
and
intoxicating compound evaluation or to
submit to | ||
examination or re-examination as required under this Act; | ||
or
| ||
7. has been convicted of violating the Cannabis Control | ||
Act,
the
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, or | ||
the Use of Intoxicating Compounds
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. After the cancellation, the
| ||
Secretary of State shall not issue a new license or permit | ||
for a period of one
year after the date of cancellation. | ||
However, upon application, the Secretary
of State may, if | ||
satisfied that the person applying will not endanger the
| ||
public safety, or welfare, issue a restricted driving |
permit granting the
privilege of driving a motor vehicle | ||
between the petitioner's residence and
petitioner's place | ||
of employment or within the scope of the petitioner's | ||
employment
related duties, or to allow transportation for
| ||
the petitioner or a household member of the petitioner's | ||
family for the receipt of
necessary medical care, or | ||
provide transportation for the petitioner to and from | ||
alcohol or drug remedial or
rehabilitative activity | ||
recommended by a licensed service provider, or for the | ||
petitioner to attend classes, as a student,
in an | ||
accredited educational institution. The petitioner must
| ||
demonstrate that no alternative means of transportation is | ||
reasonably
available; provided that the Secretary's | ||
discretion shall be limited to
cases where undue hardship, | ||
as defined by the rules of the Secretary of State, would | ||
result from a failure to issue such
restricted driving | ||
permit. In each case the Secretary of State may issue
such | ||
restricted driving permit for such period as he deems | ||
appropriate,
except that such permit shall expire within | ||
one year from the date of
issuance. A restricted driving | ||
permit issued hereunder shall be subject to
cancellation, | ||
revocation and suspension by the Secretary of State in like
| ||
manner and for like cause as a driver's license issued | ||
hereunder may be
cancelled, revoked or suspended; except | ||
that a conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be |
deemed sufficient cause for the revocation, suspension or
| ||
cancellation of a restricted driving permit. The Secretary | ||
of State may,
as a condition to the issuance of a | ||
restricted driving permit, require the
applicant to | ||
participate in a driver remedial or rehabilitative
| ||
program. In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding | ||
a CDL whose driving privileges have been revoked, | ||
suspended, cancelled, or disqualified under this Code; or
| ||
8. failed to submit a report as required by Section | ||
6-116.5 of this
Code; or
| ||
9. has been convicted of a sex offense as defined in | ||
the Sex Offender Registration Act. The driver's license | ||
shall remain cancelled until the driver registers as a sex | ||
offender as required by the Sex Offender Registration Act, | ||
proof of the registration is furnished to the Secretary of | ||
State and the sex offender provides proof of current | ||
address to the Secretary; or
| ||
10. is ineligible for a license or permit under Section | ||
6-107, 6-107.1, or
6-108 of this Code; or
| ||
11. refused or neglected to appear at a Driver Services | ||
facility to have the license or permit corrected and a new | ||
license or permit issued or to present documentation for | ||
verification of identity; or
| ||
12. failed to submit a medical examiner's certificate |
or medical variance as required by 49 C.F.R. 383.71 or | ||
submitted a fraudulent medical examiner's certificate or | ||
medical variance; or | ||
13. has had his or her medical examiner's certificate, | ||
medical variance, or both removed or rescinded by the | ||
Federal Motor Carrier Safety Administration; or | ||
14. failed to self-certify as to the type of driving in | ||
which the CDL driver engages or expects to engage ; or | ||
15. was convicted of fraud relating to the testing or | ||
issuance of a CDL or CLP, in which case only the CDL or CLP | ||
shall be cancelled. After cancellation, the Secretary | ||
shall not issue a CLP or CDL for a period of one year from | ||
the date of cancellation . | ||
(b) Upon such cancellation the licensee or permittee must | ||
surrender the
license or permit so cancelled to the Secretary | ||
of State.
| ||
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||
Secretary of State
shall have exclusive authority to grant, | ||
issue, deny, cancel, suspend and
revoke driving privileges, | ||
drivers' licenses and restricted driving permits.
| ||
(d) The Secretary of State may adopt rules to implement | ||
this Section.
| ||
(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||
97-813, eff. 7-13-12; 97-835, eff. 7-20-12.)
| ||
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
|
Sec. 6-204. When Court to forward License and Reports.
| ||
(a) For the purpose of providing to the Secretary of State | ||
the records
essential to the performance of the Secretary's | ||
duties under this Code to
cancel, revoke or suspend the | ||
driver's license and privilege to drive motor
vehicles of | ||
certain minors adjudicated truant minors in need of | ||
supervision,
addicted, or delinquent and of persons
found | ||
guilty of the criminal offenses or traffic violations
which | ||
this Code recognizes as evidence relating to unfitness to | ||
safely operate
motor vehicles, the following duties are imposed | ||
upon public officials:
| ||
(1) Whenever any person is convicted of any offense for | ||
which
this
Code makes mandatory the cancellation or | ||
revocation of the driver's
license or permit of such person | ||
by the Secretary of State, the judge of the
court in which | ||
such conviction is had shall require the surrender to the | ||
clerk
of the court of all driver's licenses or permits then | ||
held by the person so
convicted, and the clerk of the court | ||
shall, within 5 days thereafter, forward
the same, together | ||
with a report of such conviction, to the Secretary.
| ||
(2) Whenever any person is convicted of any offense | ||
under this
Code or
similar offenses under a municipal | ||
ordinance, other than regulations
governing standing, | ||
parking or weights of vehicles, and excepting the
following | ||
enumerated Sections of this Code: Sections 11-1406 | ||
(obstruction
to driver's view or control), 11-1407 |
(improper opening of door into
traffic), 11-1410 (coasting | ||
on downgrade), 11-1411 (following fire
apparatus), | ||
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||
vehicle which is in unsafe condition or improperly | ||
equipped), 12-201(a)
(daytime lights on motorcycles), | ||
12-202 (clearance, identification and
side marker lamps), | ||
12-204 (lamp or flag on projecting load), 12-205
(failure | ||
to display the safety lights required), 12-401 | ||
(restrictions as
to tire equipment), 12-502 (mirrors), | ||
12-503 (windshields must be
unobstructed and equipped with | ||
wipers), 12-601 (horns and warning
devices), 12-602 | ||
(mufflers, prevention of noise or smoke), 12-603 (seat
| ||
safety belts), 12-702 (certain vehicles to carry flares or | ||
other warning
devices), 12-703 (vehicles for oiling roads | ||
operated on highways),
12-710 (splash guards and | ||
replacements), 13-101 (safety tests), 15-101
(size, weight | ||
and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||
and address on second division vehicles), 15-107 (length of | ||
vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||
15-112 (weights), 15-301
(weights), 15-316 (weights), | ||
15-318 (weights), and also excepting the following
| ||
enumerated Sections of the Chicago Municipal Code: | ||
Sections 27-245 (following
fire apparatus), 27-254 | ||
(obstruction of traffic), 27-258 (driving vehicle which
is | ||
in unsafe condition), 27-259 (coasting on downgrade), | ||
27-264 (use of horns
and signal devices), 27-265 |
(obstruction to driver's view or driver mechanism),
27-267 | ||
(dimming of headlights), 27-268 (unattended motor | ||
vehicle), 27-272
(illegal funeral procession), 27-273 | ||
(funeral procession on boulevard), 27-275
(driving freight | ||
hauling vehicles on boulevard), 27-276 (stopping and | ||
standing
of buses or taxicabs), 27-277 (cruising of public | ||
passenger vehicles), 27-305
(parallel parking), 27-306 | ||
(diagonal parking), 27-307 (parking not to obstruct
| ||
traffic), 27-308 (stopping, standing or parking | ||
regulated), 27-311 (parking
regulations), 27-312 (parking | ||
regulations), 27-313 (parking regulations),
27-314 | ||
(parking regulations), 27-315 (parking regulations), | ||
27-316 (parking
regulations), 27-317 (parking | ||
regulations), 27-318 (parking regulations),
27-319 | ||
(parking regulations), 27-320 (parking regulations), | ||
27-321 (parking
regulations), 27-322 (parking | ||
regulations), 27-324 (loading and
unloading at an angle), | ||
27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||
the downtown district), 27-335 (load restrictions in
| ||
residential areas), 27-338 (width of vehicles), 27-339 | ||
(height of
vehicles), 27-340 (length of vehicles), 27-352 | ||
(reflectors on trailers),
27-353 (mufflers), 27-354 | ||
(display of plates), 27-355 (display of city
vehicle tax | ||
sticker), 27-357 (identification of vehicles), 27-358
| ||
(projecting of loads), and also excepting the following | ||
enumerated
paragraphs of Section 2-201 of the Rules and |
Regulations of the Illinois
State Toll Highway Authority: | ||
(l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||
transporting dangerous cargo not properly indicated), it
| ||
shall be the duty of the clerk of the court in which such | ||
conviction is
had within 5 days thereafter to forward to | ||
the Secretary of State a report of
the conviction and the | ||
court may recommend the suspension of the driver's
license | ||
or permit of the person so convicted.
| ||
The reporting requirements of this subsection shall apply | ||
to all
violations stated in paragraphs (1) and (2) of this
| ||
subsection when the
individual has been adjudicated under the | ||
Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||
reporting requirements shall also apply to
individuals | ||
adjudicated under the Juvenile Court Act or the Juvenile Court | ||
Act
of 1987 who have committed a violation of Section 11-501 of | ||
this Code, or
similar provision of a local ordinance, or | ||
Section 9-3 of the Criminal Code
of 1961 or the Criminal Code | ||
of 2012, relating to the offense of reckless homicide.
These | ||
reporting requirements also apply to individuals adjudicated | ||
under the Juvenile Court Act of 1987 based on any offense | ||
determined to have been committed in furtherance of the | ||
criminal activities of an organized gang, as provided in | ||
Section 5-710 of that Act, and that involved the operation or | ||
use of a motor vehicle or the use of a driver's license or | ||
permit. The reporting requirements of this subsection shall | ||
also apply to
a truant minor in need of supervision, an |
addicted
minor, or a delinquent minor and whose driver's | ||
license and privilege to
drive a motor vehicle has been ordered | ||
suspended for such times as determined
by the Court, but only | ||
until he or she attains
18 years of age. It shall be the duty of | ||
the clerk of the court in which
adjudication is had within 5 | ||
days thereafter to forward to the Secretary of
State a report | ||
of the adjudication and the court order requiring the Secretary
| ||
of State to suspend the minor's driver's license and driving | ||
privilege for such
time as determined by the Court, but only | ||
until he or she attains the age of 18
years. All juvenile court | ||
dispositions reported to the Secretary of State
under this | ||
provision shall be processed by the Secretary of State as if | ||
the
cases had been adjudicated in traffic or criminal court. | ||
However, information
reported relative to the offense of | ||
reckless homicide, or Section 11-501 of
this Code, or a similar | ||
provision of a local ordinance, shall be privileged
and | ||
available only to the Secretary of State, courts, and police | ||
officers.
| ||
The reporting requirements of this subsection (a) | ||
apply to all violations listed in paragraphs (1) and (2) of | ||
this subsection (a), excluding parking violations, when | ||
the driver holds a CLP or CDL, regardless of the type of | ||
vehicle in which the violation occurred, or when any driver | ||
committed the violation in a commercial motor vehicle as | ||
defined in Section 6-500 of this Code.
| ||
(3) Whenever an order is entered vacating the |
forfeiture of any
bail,
security or bond given to secure | ||
appearance for any offense under this
Code or similar | ||
offenses under municipal ordinance, it shall be the duty
of | ||
the clerk of the court in which such vacation was had or | ||
the judge of
such court if such court has no clerk, within | ||
5 days thereafter to
forward to the Secretary of State a | ||
report of the vacation.
| ||
(4) A report of any disposition of court supervision | ||
for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||
similar provision of a local ordinance,
11-503, 11-504, and | ||
11-506 shall be forwarded to the Secretary of State.
A | ||
report of any disposition of court supervision for a | ||
violation of an offense
defined as a serious traffic | ||
violation in this Code or a similar provision of a
local | ||
ordinance committed by a person under the age of 21 years | ||
shall be
forwarded to the Secretary of State.
| ||
(5) Reports of conviction
under this Code
and | ||
sentencing hearings under the
Juvenile Court
Act of 1987 in | ||
an electronic format
or a computer processible medium
shall
| ||
be
forwarded to the Secretary of State via the Supreme | ||
Court in the form and
format required by the Illinois | ||
Supreme Court and established by a written
agreement | ||
between the Supreme Court and the Secretary of State.
In | ||
counties with a population over 300,000, instead of | ||
forwarding reports to
the Supreme Court, reports of | ||
conviction
under this Code
and sentencing hearings under |
the
Juvenile Court Act of 1987 in an electronic format
or a | ||
computer processible medium
may
be forwarded to the | ||
Secretary of State by the Circuit Court Clerk in a form and
| ||
format required by the Secretary of State and established | ||
by written agreement
between the Circuit Court Clerk and | ||
the Secretary of State. Failure to
forward the reports of | ||
conviction or sentencing hearing under the Juvenile
Court | ||
Act of 1987 as required by this Section shall be
deemed an | ||
omission of duty and it shall be the duty of the several | ||
State's
Attorneys to enforce the requirements of this | ||
Section.
| ||
(b) Whenever a restricted driving permit is forwarded to a | ||
court, as a
result of confiscation by a police officer pursuant | ||
to the authority in
Section 6-113(f), it shall be the duty of | ||
the clerk, or judge, if the court
has no clerk, to forward such | ||
restricted driving permit and a facsimile of
the officer's | ||
citation to the Secretary of State as expeditiously as
| ||
practicable.
| ||
(c) For the purposes of this Code, a forfeiture of bail or | ||
collateral
deposited to secure a defendant's appearance in | ||
court when forfeiture
has not been vacated, or the failure of a | ||
defendant to appear for trial
after depositing his driver's | ||
license in lieu of other bail, shall be
equivalent to a | ||
conviction.
| ||
(d) For the purpose of providing the Secretary of State | ||
with records
necessary to properly monitor and assess driver |
performance and assist the
courts in the proper disposition of | ||
repeat traffic law offenders, the clerk
of the court shall | ||
forward to the Secretary of State,
on a form prescribed
by the | ||
Secretary, records of a driver's participation in a driver | ||
remedial
or rehabilitative program which was required, through | ||
a court order or court
supervision, in relation to the driver's | ||
arrest for a violation of Section
11-501 of this Code or a | ||
similar provision of a local ordinance.
The clerk of the court | ||
shall also forward to the Secretary, either on
paper or in an | ||
electronic format or a computer processible medium as required
| ||
under paragraph (5) of subsection (a) of this Section, any | ||
disposition
of court supervision for any traffic violation,
| ||
excluding those offenses listed in paragraph (2)
of subsection | ||
(a) of this Section.
These reports
shall be sent within 5
days | ||
after disposition, or, if
the driver is
referred to a driver
| ||
remedial or rehabilitative program, within 5 days of the | ||
driver's referral
to that program.
These reports received by | ||
the Secretary of State, including those required to
be | ||
forwarded under paragraph (a)(4), shall be privileged | ||
information, available
only (i) to the affected driver, (ii) to | ||
the parent or guardian of a person under the age of 18 years | ||
holding an instruction permit or a graduated driver's license, | ||
and (iii) for use by the courts, police
officers, prosecuting | ||
authorities, the Secretary of State, and the driver licensing | ||
administrator of any other state. In accordance with 49 C.F.R. | ||
Part 384, all reports of court supervision, except violations |
related to parking, shall be forwarded to the Secretary of | ||
State for all holders of a CLP or CDL or any driver who commits | ||
an offense while driving a commercial motor vehicle. These | ||
reports shall be recorded to the driver's record as a | ||
conviction for use in the disqualification of the driver's | ||
commercial motor vehicle privileges and shall not be privileged | ||
information.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
| ||
Sec. 6-207. Secretary of State may require reexamination or | ||
reissuance of a
license. | ||
(a) The Secretary of State, having good cause to believe | ||
that a licensed
driver or person holding a permit or applying | ||
for a license or license
renewal is incompetent or otherwise | ||
not qualified to hold a license or
permit, may upon written | ||
notice of at least 5 days to the person require the
person to | ||
submit to an examination as prescribed by the Secretary.
| ||
Refusal or neglect of the person to submit an alcohol, | ||
drug, or
intoxicating compound evaluation or
submit to or | ||
failure to successfully complete the examination is
grounds for | ||
suspension of the person's license or permit under
Section | ||
6-206 of this Act or cancellation of his license or permit | ||
under
Section 6-201 of this Act.
| ||
(b) The Secretary of State, having issued a driver's | ||
license or
permit in error, may upon written notice of at least |
5 days to the person,
require the person to appear at a Driver | ||
Services facility to have the
license or permit error corrected | ||
and a new license or permit issued.
| ||
Refusal or neglect of the person to appear is grounds for | ||
cancellation of
the person's license or permit under Section | ||
6-201 of this Act.
| ||
(c) The Secretary of State, having issued a driver's | ||
license or permit to a person who subsequently becomes | ||
ineligible to retain that license or permit as currently | ||
issued, may, upon written notice of at least 5 days to the | ||
person, require the person to appear at a Driver Services | ||
facility to have the license or permit corrected and a new | ||
license or permit issued.
| ||
(d) The Secretary of State, having good cause to believe | ||
that a driver's license or permit was issued based on invalid, | ||
fictitious, or fraudulent documents, may upon written notice of | ||
at least 5 days require the person to appear at a Driver | ||
Services facility to present valid documents for verification | ||
of identity. Refusal or neglect of the person to appear shall | ||
result in cancellation of the person's license or permit. | ||
(e) Under 49 C.F.R. 383.73, if the Secretary of State | ||
receives credible information that a CLP or CDL was issued and | ||
fraud was committed relating to the issuance of the CLP or CDL, | ||
the Secretary shall require the CLP or CDL holder to re-submit | ||
to all testing required for the issuance of the CLP or CDL | ||
(written, pre-trip, skills, and road exams). Upon written |
notification by the Secretary, the holder shall have 5 days to | ||
submit to re-examination. Failure to appear or successfully | ||
complete the examination shall result in the cancellation of | ||
the CLP or CDL under Section 6-201 of this Act. | ||
(Source: P.A. 97-229, eff. 7-28-11.)
| ||
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||
Sec. 6-500. Definitions of words and phrases. | ||
Notwithstanding the
definitions set forth elsewhere in this
| ||
Code, for purposes of the Uniform Commercial Driver's License | ||
Act
(UCDLA), the words and phrases listed below have the | ||
meanings
ascribed to them as follows:
| ||
(1) Alcohol. "Alcohol" means any substance containing any | ||
form of
alcohol, including but not limited to ethanol,
| ||
methanol,
propanol, and
isopropanol.
| ||
(2) Alcohol concentration. "Alcohol concentration" means:
| ||
(A) the number of grams of alcohol per 210 liters of | ||
breath;
or
| ||
(B) the number of grams of alcohol per 100 milliliters | ||
of
blood; or
| ||
(C) the number of grams of alcohol per 67 milliliters | ||
of
urine.
| ||
Alcohol tests administered within 2 hours of the driver | ||
being
"stopped or detained" shall be considered that driver's | ||
"alcohol
concentration" for the purposes of enforcing this | ||
UCDLA.
|
(3) (Blank).
| ||
(4) (Blank).
| ||
(5) (Blank).
| ||
(5.3) CDLIS driver record. "CDLIS driver record" means the | ||
electronic record of the individual CDL driver's status and | ||
history stored by the State-of-Record as part of the Commercial | ||
Driver's License Information System, or CDLIS, established | ||
under 49 U.S.C. 31309. | ||
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||
record" or "CDLIS MVR" means a report generated from the CDLIS | ||
driver record meeting the requirements for access to CDLIS | ||
information and provided by states to users authorized in 49 | ||
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||
Driver Privacy Protection Act, 18 U.S.C. 2721–2725. | ||
(5.7) Commercial driver's license downgrade. "Commercial | ||
driver's license downgrade" or "CDL downgrade" means either: | ||
(A) a state allows the driver to change his or her | ||
self-certification to interstate, but operating | ||
exclusively in transportation or operation excepted from | ||
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||
391.2, 391.68, or 398.3; | ||
(B) a state allows the driver to change his or her | ||
self-certification to intrastate only, if the driver | ||
qualifies under that state's physical qualification | ||
requirements for intrastate only; | ||
(C) a state allows the driver to change his or her |
certification to intrastate, but operating exclusively in | ||
transportation or operations excepted from all or part of | ||
the state driver qualification requirements; or | ||
(D) a state removes the CDL privilege from the driver | ||
license. | ||
(6) Commercial Motor Vehicle.
| ||
(A) "Commercial motor vehicle" or "CMV" means
a motor | ||
vehicle or combination of motor vehicles used in commerce, | ||
except those referred to in subdivision (B), designed
to | ||
transport passengers or property if the motor vehicle :
| ||
(i) has a gross combination weight rating or gross | ||
combination weight of 11,794 kilograms or more (26,001 | ||
pounds or more), whichever is greater, inclusive of any | ||
towed unit with a gross vehicle weight rating or
gross | ||
vehicle weight of more than 4,536 kilograms (10,000 | ||
pounds), whichever is greater the vehicle has a GVWR of | ||
26,001 pounds or more or such
a
lesser GVWR as | ||
subsequently determined by federal regulations or the | ||
Secretary
of State; or any
combination of vehicles with | ||
a GCWR of 26,001 pounds or more, provided the
GVWR of | ||
any vehicle or vehicles being towed is 10,001 pounds or | ||
more ; or
| ||
(i-5) has a gross vehicle weight rating or gross | ||
vehicle weight of 11,794 or more kilograms (26,001 | ||
pounds or more), whichever is greater; or
| ||
(ii) the vehicle is designed to transport 16 or |
more
persons , including the driver ;
or
| ||
(iii) the vehicle is of any size and is used in | ||
transporting hazardous materials as defined in 49 | ||
C.F.R. 383.5 and
is
required to
be placarded in | ||
accordance with 49 C.F.R. Part 172, subpart F .
| ||
(B) Pursuant to the interpretation of the Commercial | ||
Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||
Administration, the definition of
"commercial motor | ||
vehicle" does not include:
| ||
(i) recreational vehicles, when operated primarily | ||
for personal use;
| ||
(ii) vehicles owned by or operated under the | ||
direction of the United States Department of Defense or | ||
the United States Coast Guard only when operated by
| ||
non-civilian personnel. This includes any operator on | ||
active military
duty; members of the Reserves; | ||
National Guard; personnel on part-time
training; and | ||
National Guard military technicians (civilians who are
| ||
required to wear military uniforms and are subject to | ||
the Code of Military
Justice); or
| ||
(iii) firefighting, police, and other emergency | ||
equipment (including, without limitation, equipment | ||
owned or operated by a HazMat or technical rescue team | ||
authorized by a county board under Section 5-1127 of | ||
the Counties Code), with audible and
visual signals, | ||
owned or operated
by or for a
governmental entity, |
which is necessary to the preservation of life or
| ||
property or the execution of emergency governmental | ||
functions which are
normally not subject to general | ||
traffic rules and regulations.
| ||
(7) Controlled Substance. "Controlled substance" shall | ||
have the same
meaning as defined in Section 102 of the Illinois | ||
Controlled Substances Act,
and shall also include cannabis as | ||
defined in Section 3 of the Cannabis Control
Act and | ||
methamphetamine as defined in Section 10 of the Methamphetamine | ||
Control and Community Protection Act.
| ||
(8) Conviction. "Conviction" means an unvacated | ||
adjudication of guilt
or a determination that a person has | ||
violated or failed to comply with the
law in a court of | ||
original jurisdiction or by an authorized administrative
| ||
tribunal; an unvacated forfeiture of bail or collateral | ||
deposited to secure
the person's appearance in court; a plea of | ||
guilty or nolo contendere accepted by the court; the payment of | ||
a fine or court cost
regardless of whether the imposition of | ||
sentence is deferred and ultimately
a judgment dismissing the | ||
underlying charge is entered; or a violation of a
condition of | ||
release without bail, regardless of whether or not the penalty
| ||
is rebated, suspended or probated.
| ||
(8.5) Day. "Day" means calendar day.
| ||
(9) (Blank).
| ||
(10) (Blank).
| ||
(11) (Blank).
|
(12) (Blank).
| ||
(13) Driver. "Driver" means any person who drives, | ||
operates, or is in
physical control of a commercial motor | ||
vehicle, any person who is required to hold a
CDL, or any | ||
person who is a holder of a CDL while operating a | ||
non-commercial motor vehicle.
| ||
(13.5) Driver applicant. "Driver applicant" means an | ||
individual who applies to a state or other jurisdiction to | ||
obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||
a CLP .
| ||
(13.8) Electronic device. "Electronic device" includes, | ||
but is not limited to, a cellular telephone, personal digital | ||
assistant, pager, computer, or any other device used to input, | ||
write, send, receive, or read text. | ||
(14) Employee. "Employee" means a person who is employed as | ||
a
commercial
motor vehicle driver. A person who is | ||
self-employed as a commercial motor
vehicle driver must comply | ||
with the requirements of this UCDLA
pertaining to employees. An
| ||
owner-operator on a long-term lease shall be considered an | ||
employee.
| ||
(15) Employer. "Employer" means a person (including the | ||
United
States, a State or a local authority) who owns or leases | ||
a commercial motor
vehicle or assigns employees to operate such | ||
a vehicle. A person who is
self-employed as a commercial motor | ||
vehicle driver must
comply with the requirements of this UCDLA.
| ||
(15.1) Endorsement. "Endorsement" means an authorization |
to an individual's CLP or CDL required to permit the individual | ||
to operate certain types of commercial motor vehicles. | ||
(15.3) Excepted interstate. "Excepted interstate" means a | ||
person who operates or expects to operate in interstate | ||
commerce, but engages exclusively in transportation or | ||
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||
398.3 from all or part of the qualification requirements of 49 | ||
C.F.R. Part 391 and is not required to obtain a medical | ||
examiner's certificate by 49 C.F.R. 391.45. | ||
(15.5) Excepted intrastate. "Excepted intrastate" means a | ||
person who operates in intrastate commerce but engages | ||
exclusively in transportation or operations excepted from all | ||
or parts of the state driver qualification requirements. | ||
(16) (Blank).
| ||
(16.5) Fatality. "Fatality" means the death of a person as | ||
a result of a motor vehicle accident.
| ||
(17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||
sovereign
jurisdiction that does not fall within the definition | ||
of "State".
| ||
(18) (Blank).
| ||
(19) (Blank).
| ||
(20) Hazardous materials. "Hazardous Material" means any | ||
material that has been designated under 49 U.S.C.
5103 and is | ||
required to be placarded under subpart F of 49 C.F.R. part 172 | ||
or any quantity of a material listed as a select agent or toxin | ||
in 42 C.F.R. part 73.
|
(20.5) Imminent Hazard. "Imminent hazard" means the | ||
existence of a condition relating to hazardous material that | ||
presents a substantial likelihood that death, serious illness, | ||
severe personal injury, or a substantial endangerment to | ||
health, property, or the environment may occur before the | ||
reasonably foreseeable completion date of a formal proceeding | ||
begun to lessen the risk of that death, illness, injury or | ||
endangerment.
| ||
(20.6) Issuance. "Issuance" means initial issuance, | ||
transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||
CLP or CDL. | ||
(20.7) Issue. "Issue" means initial issuance, transfer, | ||
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||
non-domiciled CDL. | ||
(21) Long-term lease. "Long-term lease" means a lease of a | ||
commercial
motor vehicle by the owner-lessor to a lessee, for a | ||
period of more than 29
days.
| ||
(21.01) Manual transmission. "Manual transmission" means a | ||
transmission utilizing a driver-operated clutch that is | ||
activated by a pedal or lever and a gear-shift mechanism | ||
operated either by hand or foot including those known as a | ||
stick shift, stick, straight drive, or standard transmission. | ||
All other transmissions, whether semi-automatic or automatic, | ||
shall be considered automatic for the purposes of the | ||
standardized restriction code. | ||
(21.1) Medical examiner. "Medical examiner" means a person |
who is licensed, certified, or registered in accordance with | ||
applicable state laws and regulations to perform physical | ||
examinations. The term includes but is not limited to doctors | ||
of medicine, doctors of osteopathy, physician assistants, | ||
advanced practice nurses, and doctors of chiropractic. | ||
(21.2) Medical examiner's certificate. "Medical examiner's | ||
certificate" means a document prescribed or approved by the | ||
Secretary of State that is issued by a medical examiner to a | ||
driver to medically qualify him or her to drive. | ||
(21.5) Medical variance. "Medical variance" means a driver | ||
has received one of the following from the Federal Motor | ||
Carrier Safety Administration which allows the driver to be | ||
issued a medical certificate: (1) an exemption letter | ||
permitting operation of a commercial motor vehicle pursuant to | ||
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||
skill performance evaluation (SPE) certificate permitting | ||
operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||
391.49. | ||
(21.7) Mobile telephone. "Mobile telephone" means a mobile | ||
communication device that falls under or uses any commercial | ||
mobile radio service, as defined in regulations of the Federal | ||
Communications Commission, 47 CFR 20.3. It does not include | ||
two-way or citizens band radio services. | ||
(22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||
which is self-propelled, and every vehicle which is propelled | ||
by electric
power obtained from over head trolley wires but not |
operated upon rails,
except vehicles moved solely by human | ||
power and motorized wheel chairs.
| ||
(22.2) Motor vehicle record. "Motor vehicle record" means a | ||
report of the driving status and history of a driver generated | ||
from the driver record provided to users, such as drivers or | ||
employers, and is subject to the provisions of the Driver | ||
Privacy Protection Act, 18 U.S.C. 2721-2725. | ||
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||
combination of motor vehicles not defined by the term | ||
"commercial motor vehicle" or "CMV" in this Section.
| ||
(22.7) Non-excepted interstate. "Non-excepted interstate" | ||
means a person who operates or expects to operate in interstate | ||
commerce, is subject to and meets the qualification | ||
requirements under 49 C.F.R. Part 391, and is required to | ||
obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||
(22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||
means a person who operates only in intrastate commerce and is | ||
subject to State driver qualification requirements. | ||
(23) Non-domiciled CLP or Non-domiciled Non-resident CDL. | ||
" Non-domiciled CLP" or "Non-domiciled Non-resident CDL" means | ||
a CLP or CDL, respectively, commercial driver's
license issued | ||
by a state or other jurisdiction under either of the following | ||
two conditions: | ||
(i) to an individual domiciled in a foreign country | ||
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||
of the Federal Motor Carrier Safety Administration.
|
(ii) to an individual domiciled in another state | ||
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||
of the Federal Motor Carrier Safety Administration.
| ||
(24) (Blank).
| ||
(25) (Blank).
| ||
(25.5) Railroad-Highway Grade Crossing Violation. | ||
"Railroad-highway
grade
crossing violation" means a
violation, | ||
while operating a commercial motor vehicle, of
any
of the | ||
following:
| ||
(A) Section 11-1201, 11-1202, or 11-1425 of this
| ||
Code.
| ||
(B) Any other similar
law or local ordinance of any | ||
state relating to
railroad-highway grade crossing.
| ||
(25.7) School Bus. "School bus" means a commercial motor | ||
vehicle used to transport pre-primary, primary, or secondary | ||
school students from home to school, from school to home, or to | ||
and from school-sponsored events. "School bus" does not include | ||
a bus used as a common carrier.
| ||
(26) Serious Traffic Violation. "Serious traffic | ||
violation"
means:
| ||
(A) a conviction when operating a commercial motor | ||
vehicle, or when operating a non-CMV while holding a CLP or | ||
CDL,
of:
| ||
(i) a violation relating to excessive speeding,
| ||
involving a single speeding charge of 15 miles per hour | ||
or more above the
legal speed limit; or
|
(ii) a violation relating to reckless driving; or
| ||
(iii) a violation of any State law or local | ||
ordinance relating to motor
vehicle traffic control | ||
(other than parking violations) arising in
connection | ||
with a fatal traffic accident; or
| ||
(iv) a violation of Section 6-501, relating to | ||
having multiple driver's
licenses; or
| ||
(v) a violation of paragraph (a) of Section 6-507, | ||
relating to the
requirement to have a valid CDL; or
| ||
(vi) a violation relating to improper or erratic | ||
traffic lane changes;
or
| ||
(vii) a violation relating to following another | ||
vehicle too closely; or
| ||
(viii) a violation relating to texting while | ||
driving; or | ||
(ix) a violation relating to the use of a hand-held | ||
mobile telephone while driving; or
| ||
(B) any other similar violation of a law or local
| ||
ordinance of any state relating to motor vehicle traffic | ||
control, other
than a parking violation, which the | ||
Secretary of State determines by
administrative rule to be | ||
serious.
| ||
(27) State. "State" means a state of the United States, the | ||
District of
Columbia and any province or territory of Canada.
| ||
(28) (Blank).
| ||
(29) (Blank).
|
(30) (Blank).
| ||
(31) (Blank).
| ||
(32) Texting. "Texting" means manually entering | ||
alphanumeric text into, or reading text from, an electronic | ||
device. | ||
(1) Texting includes, but is not limited to, short | ||
message service, emailing, instant messaging, a command or | ||
request to access a World Wide Web page, pressing more than | ||
a single button to initiate or terminate a voice | ||
communication using a mobile telephone, or engaging in any | ||
other form of electronic text retrieval or entry for | ||
present or future communication. | ||
(2) Texting does not include: | ||
(i) inputting, selecting, or reading information | ||
on a global positioning system or navigation system; or | ||
(ii) pressing a single button to initiate or | ||
terminate a voice communication using a mobile | ||
telephone; or | ||
(iii) using a device capable of performing | ||
multiple functions (for example, a fleet management | ||
system, dispatching device, smart phone, citizens band | ||
radio, or music player) for a purpose that is not | ||
otherwise prohibited by Part 392 of the Federal Motor | ||
Carrier Safety Regulations. | ||
(32.3) Third party skills test examiner. "Third party | ||
skills test examiner" means a person employed by a third party |
tester who is authorized by the State to administer the CDL | ||
skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||
(32.5) Third party tester. "Third party tester" means a | ||
person (including, but not limited to, another state, a motor | ||
carrier, a private driver training facility or other private | ||
institution, or a department, agency, or instrumentality of a | ||
local government) authorized by the State to employ skills test | ||
examiners to administer the CDL skills tests specified in 49 | ||
C.F.R. Part 383, subparts G and H. | ||
(32.7) United States. "United States" means the 50 states | ||
and the District of Columbia. | ||
(33) Use a hand-held mobile telephone. "Use a hand-held | ||
mobile telephone" means: | ||
(1) using at least one hand to hold a mobile telephone | ||
to conduct a voice communication; | ||
(2) dialing or answering a mobile telephone by pressing | ||
more than a single button; or | ||
(3) reaching for a mobile telephone in a manner that | ||
requires a driver to maneuver so that he or she is no | ||
longer in a seated driving position, restrained by a seat | ||
belt that is installed in accordance with 49 CFR 393.93 and | ||
adjusted in accordance with the vehicle manufacturer's | ||
instructions. | ||
(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | ||
eff. 1-1-13; revised 8-3-12.)
|
(625 ILCS 5/6-502) (from Ch. 95 1/2, par. 6-502)
| ||
Sec. 6-502.
Commercial motor vehicle drivers - reporting
of | ||
traffic violations to the Secretary of State. When required by | ||
the
Commercial Motor Vehicle Safety Act
of 1986, every person | ||
who has been issued an Illinois
non-domiciled non-resident CLP | ||
or non-domiciled CDL or who is a domiciliary of this State and | ||
drives
a commercial motor vehicle in violation
of a law or | ||
local ordinance of any State relating to motor vehicle
traffic | ||
control (other than parking violations) in any other
state, | ||
shall notify the Secretary of State, on a form and in
a manner | ||
prescribed by the Secretary, of such violation
within 30 days | ||
after the date such person has been convicted of such offense.
| ||
(Source: P.A. 86-845.)
| ||
(625 ILCS 5/6-503) (from Ch. 95 1/2, par. 6-503)
| ||
Sec. 6-503.
Commercial motor vehicle drivers - reporting of | ||
traffic
violations to employer. Every person who is
a | ||
domiciliary of this State or who has been issued an Illinois | ||
non-domiciled non-resident CLP or non-domiciled CDL
and drives | ||
a commercial motor vehicle in
violation of a law or local | ||
ordinance of any State
relating to motor vehicle
traffic | ||
control (other than parking violations) in this or any other | ||
state,
shall notify such person's employer of such violation
| ||
within 30 days after the
date such person is convicted of such | ||
offense.
| ||
In the event such person is a "common carrier of property |
by motor
vehicle", as defined in
Section 18c-1104 of this Code, | ||
such person shall notify the
principal lessor of such within 30 | ||
days after the date such person is
convicted of the violation. | ||
However, if such person is
an independent contractor or owner | ||
operator, such report shall be kept at
the principal place of | ||
business and available during normal office hours
for | ||
inspection and auditing purposes by an authorized agency.
| ||
(Source: P.A. 86-845.)
| ||
(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
| ||
Sec. 6-506. Commercial motor vehicle driver - | ||
employer/owner
responsibilities. | ||
(a) No employer or commercial motor
vehicle owner shall
| ||
knowingly allow, permit,
authorize, or require an employee to | ||
drive a commercial motor
vehicle on the highways during any | ||
period in which such employee:
| ||
(1) has a driver's license suspended, revoked or | ||
cancelled by any state;
or
| ||
(2) has lost the privilege to drive a commercial motor | ||
vehicle in any
state; or
| ||
(3) has been disqualified from driving a
commercial | ||
motor vehicle; or
| ||
(4) has more than one CLP or CDL driver's license , | ||
except as provided
by this UCDLA; or
| ||
(5) is subject to or in violation of an | ||
"out-of-service" order ; or .
|
(6) does not have a current CLP or CDL or a CLP or CDL | ||
with the proper class or endorsements. An employer may not | ||
use a driver to operate a CMV who violates any restriction | ||
on the driver's CLP or CDL. | ||
(b) No employer or commercial motor vehicle owner shall
| ||
knowingly allow,
permit, authorize, or require a driver to | ||
operate a commercial motor vehicle in
violation of any law or | ||
regulation pertaining to railroad-highway grade
crossings.
| ||
(b-3) No employer or commercial motor vehicle owner shall | ||
knowingly allow, permit, authorize, or require a driver to | ||
operate a commercial motor vehicle during any period in which | ||
the commercial motor vehicle is subject to an "out-of-service" | ||
order. | ||
(b-5) No employer or commercial motor vehicle owner shall | ||
knowingly allow, permit, authorize, or require a driver to | ||
operate a commercial motor vehicle during any period in which | ||
the motor carrier operation is subject to an "out-of-service" | ||
order.
| ||
(c) Any employer convicted of violating subsection (a), | ||
(b-3), or (b-5) of this
Section, whether
individually or
in | ||
connection with one or more other persons, or as principal | ||
agent, or
accessory, shall be guilty of a Class A misdemeanor.
| ||
(Source: P.A. 95-382, eff. 8-23-07.)
| ||
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| ||
Sec. 6-507. Commercial Driver's License (CDL) or |
Commercial Learner's Permit (CLP) Required.
| ||
(a) Except as expressly permitted by this UCDLA, or when | ||
driving
pursuant to the issuance of a commercial learner's | ||
driver instruction permit and
accompanied by the holder of a | ||
CDL valid for the vehicle being driven; no
person shall drive a | ||
commercial motor vehicle on the highways without: | ||
(1) a CDL in the driver's possession; | ||
(2) having obtained a CLP or CDL; | ||
(3) the proper class of CLP or CDL or endorsements or | ||
both for the specific vehicle group being operated or for | ||
the passengers or type of cargo being transported; or
| ||
(4) a copy of a medical variance document, if one | ||
exists, such as an exemption letter or a skill performance | ||
evaluation certificate. | ||
(a-5) A CLP or CDL holder whose CLP or CDL is held by this | ||
State or any other state in the course of enforcement of a | ||
motor vehicle traffic code and who has not been convicted of a | ||
disqualifying offense under 49 C.F.R. 383.51 based on this | ||
enforcement, may drive a CMV while holding a dated receipt for | ||
the CLP or CDL. | ||
(b) Except as otherwise provided by this Code, no person | ||
may drive a
commercial motor vehicle on the highways while such | ||
person's driving
privilege, license, or permit is:
| ||
(1) Suspended, revoked, cancelled, or subject to
| ||
disqualification. Any person convicted of violating this | ||
provision or a
similar provision of this or any other state |
shall have their driving
privileges revoked under | ||
paragraph 12 of subsection (a) of Section 6-205 of
this | ||
Code.
| ||
(2) Subject to or in violation of an "out-of-service"
| ||
order. Any person who has been issued a CLP or CDL and is | ||
convicted of violating
this provision or a similar | ||
provision of any other state shall be disqualified
from | ||
operating a commercial motor vehicle under subsection (i) | ||
of Section 6-514
of this Code.
| ||
(3) Subject to or in violation of a driver or vehicle | ||
"out of service" order while operating a vehicle designed | ||
to transport 16 or more passengers, including the driver, | ||
or transporting hazardous materials required to be | ||
placarded. Any person who has been
issued a CLP or CDL and | ||
is convicted of violating this provision or a similar
| ||
provision of this or any other state shall be disqualified | ||
from operating a
commercial motor vehicle under subsection | ||
(i) of Section 6-514 of this Code.
| ||
(b-3) Except as otherwise provided by this Code, no person | ||
may drive a commercial motor vehicle on the highways during a | ||
period which the commercial motor vehicle or the motor carrier | ||
operation is subject to an "out-of-service" order. Any person | ||
who is convicted of violating this provision or a similar | ||
provision of any other state shall be disqualified from | ||
operating a commercial motor vehicle under subsection (i) of | ||
Section 6-514 of this Code. |
(b-5) Except as otherwise provided by this Code, no person | ||
may operate a vehicle designed to transport 16 or more | ||
passengers including the driver or hazardous materials of a | ||
type or quantity that requires the vehicle to be placarded | ||
during a period in which the commercial motor vehicle or the | ||
motor carrier operation is subject to an "out-of-service" | ||
order. Any person who is convicted of violating this provision | ||
or a similar provision of any other state shall be disqualified | ||
from operating a commercial motor vehicle under subsection (i) | ||
of Section 6-514 of this Code.
| ||
(c) Pursuant to the options provided to the States by FHWA | ||
Docket No.
MC-88-8, the driver of any motor vehicle controlled | ||
or operated by or for a
farmer is waived from the requirements | ||
of this Section, when such motor
vehicle is being used to | ||
transport: agricultural products; implements of
husbandry; or | ||
farm supplies; to and from a farm, as long as such movement is | ||
not over 150 air
miles from the originating farm. This waiver | ||
does not apply to
the driver of any motor vehicle
being used in | ||
a common or contract carrier type operation.
However, for those | ||
drivers of any truck-tractor
semitrailer combination or | ||
combinations registered under subsection (c) of
Section 3-815 | ||
of this Code, this waiver shall apply only when the
driver is a | ||
farmer or a member of the farmer's family and the driver is 21
| ||
years
of age or more and has successfully completed any
tests | ||
the Secretary of State deems necessary.
| ||
In addition, the farmer or a member of the farmer's family |
who operates a
truck-tractor semitrailer combination or | ||
combinations pursuant to this waiver
shall be granted all of | ||
the rights and shall be subject to all of the duties
and | ||
restrictions with respect to Sections 6-514 and 6-515 of this | ||
Code
applicable to the driver who possesses a commercial | ||
driver's license issued
under this Code, except that the driver | ||
shall not be subject to any additional
duties or restrictions | ||
contained
in Part 382 of the Federal Motor Carrier Safety | ||
Regulations that are
not otherwise imposed under Section 6-514 | ||
or 6-515 of this Code.
| ||
For purposes of this subsection (c), a member of the | ||
farmer's family is a
natural or in-law spouse, child, parent, | ||
or sibling.
| ||
(c-5) An employee of a township or road district with a | ||
population of
less
than 3,000 operating a vehicle within the | ||
boundaries of the township or road
district for the purpose of | ||
removing snow or ice from a roadway by plowing,
sanding, or | ||
salting is waived from the requirements of this Section when | ||
the
employee is needed to operate the vehicle because the | ||
employee of the township
or road district who ordinarily | ||
operates the vehicle and who has a commercial
driver's license | ||
is unable to operate the vehicle or is in need of additional
| ||
assistance due to a snow emergency.
| ||
(c-10) A driver of a commercial motor vehicle used | ||
primarily in the transportation of propane winter heating fuel | ||
or a driver of a motor vehicle used to respond to a pipeline |
emergency is waived from the requirements of this Section if | ||
such requirements would prevent the driver from responding to | ||
an emergency condition requiring immediate response as defined | ||
in 49 C.F.R. Part 390.5. | ||
(d) Any person convicted of violating this Section, shall | ||
be guilty of a
Class A misdemeanor.
| ||
(e) Any person convicted of violating paragraph (1) of | ||
subsection (b) of this Section,
shall have all driving | ||
privileges revoked by the Secretary of State.
| ||
(f) This Section shall not apply to:
| ||
(1) A person who currently holds a valid Illinois | ||
driver's license,
for the type of vehicle being operated, | ||
until the expiration of such
license or April 1, 1992, | ||
whichever is earlier; or
| ||
(2) A non-Illinois domiciliary who is properly | ||
licensed in another
State, until April 1, 1992. A | ||
non-Illinois domiciliary, if such
domiciliary is properly | ||
licensed in another State or foreign jurisdiction,
until | ||
April 1, 1992.
| ||
(Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229, | ||
eff. 7-28-11; 97-813, eff. 7-13-12.)
| ||
(625 ILCS 5/6-507.5 new) | ||
Sec. 6-507.5. Application for Commercial Learner's Permit | ||
(CLP). | ||
(a) The application for a CLP must include, but is not |
limited to, the following: | ||
(1) the driver applicant's full legal name and current | ||
Illinois domiciliary address, unless the driver applicant | ||
is from a foreign country and is applying for a | ||
non-domiciled CLP in which case the driver applicant shall | ||
submit proof of Illinois residency or the driver applicant | ||
is from another state and is applying for a non-domiciled | ||
CLP in which case the driver applicant shall submit proof | ||
of domicile in the state which issued the driver | ||
applicant's Non-CDL; | ||
(2) a physical description of the driver applicant | ||
including gender, height, weight, color of eyes, and hair | ||
color; | ||
(3) date of birth; | ||
(4) the driver applicant's social security number; | ||
(5) the driver applicant's signature; | ||
(6) the names of all states where the driver applicant | ||
has previously been licensed to drive any type of motor | ||
vehicle during the previous 10 years under 49 C.F.R. Part | ||
383; | ||
(7) proof of citizenship or lawful permanent residency | ||
as set forth in Table 1 of 49 C.F.R. 383.71, unless the | ||
driver applicant is from a foreign country and is applying | ||
for a non-domiciled CLP, in which case the applicant must | ||
provide an unexpired employment authorization document | ||
(EAD) issued by USCIS or an unexpired foreign passport |
accompanied by an approved I-94 form documenting the | ||
applicant's most recent admittance into the United States; | ||
and | ||
(8) any other information required by the Secretary of | ||
State. | ||
(b) No CLP shall be issued to a driver applicant unless the | ||
applicant has taken and passed a general knowledge test that | ||
meets the federal standards contained in 49 C.F.R. Part 383, | ||
subparts F, G, and H for the commercial motor vehicle the | ||
applicant expects to operate. | ||
(c) No CLP shall be issued to a driver applicant unless the | ||
applicant possesses a valid Illinois driver's license or if the | ||
applicant is applying for a non-domiciled CLP under subsection | ||
(b) of Section 6-509 of this Code, in which case the driver | ||
applicant must possess a valid driver's license from his or her | ||
state of domicile. | ||
(d) No CLP shall be issued to a person under 18 years of | ||
age. | ||
(e) No person shall be issued a CLP unless the person | ||
certifies to the Secretary one of the following types of | ||
driving operations in which he or she will be engaged: | ||
(1) non-excepted interstate; | ||
(2) non-excepted intrastate; | ||
(3) excepted interstate; or | ||
(4) excepted intrastate. | ||
(f) No person shall be issued a CLP unless the person |
certifies to the Secretary that he or she is not subject to any | ||
disqualification under 49 C.F.R. 383.51, or any license | ||
disqualification under State law, and that he or she does not | ||
have a driver's license from more than one state or | ||
jurisdiction. | ||
(g) No CLP shall be issued to a person while the person is | ||
subject to a disqualification from driving a commercial motor | ||
vehicle, unless otherwise permitted by this Code, while the | ||
person's driver's license is suspended, revoked, or cancelled | ||
in any state, or any territory or province of Canada; nor may a | ||
CLP be issued to a person who has a CLP or CDL issued by any | ||
other state or foreign jurisdiction, unless the person | ||
surrenders all of these licenses. No CLP shall be issued to or | ||
renewed for a person who does not meet the requirement of 49 | ||
C.F.R. 391.41(b)(11). The requirement may be met with the aid | ||
of a hearing aid. | ||
(h) No CLP with a Passenger, School Bus or Tank Vehicle | ||
endorsement shall be issued to a person unless the driver | ||
applicant has taken and passed the knowledge test for each | ||
endorsement. | ||
(1) A CLP holder with a Passenger (P) endorsement is | ||
prohibited from operating a CMV carrying passengers, other | ||
than federal or State auditors and inspectors, test | ||
examiners, or other trainees, and the CDL holder | ||
accompanying the CLP holder as prescribed by subsection (a) | ||
of Section 6-507 of this Code. The P endorsement must be |
class specific. | ||
(2) A CLP holder with a School Bus (S) endorsement is | ||
prohibited from operating a school bus with passengers | ||
other than federal or State auditors and inspectors, test | ||
examiners, or other trainees, and the CDL holder | ||
accompanying the CLP holder as prescribed by subsection (a) | ||
of Section 6-507 of this Code. | ||
(3) A CLP holder with a Tank Vehicle (N) endorsement | ||
may only operate an empty tank vehicle and is prohibited | ||
from operating any tank vehicle that previously contained | ||
hazardous material that has not been purged of all residue. | ||
(4) All other federal endorsements are prohibited on a | ||
CLP. | ||
(i) No CLP holder may operate a commercial motor vehicle | ||
transporting hazardous material as defined in paragraph (20) of | ||
Section 6-500 of this Code. | ||
(j) The CLP holder must be accompanied by the holder of a | ||
valid CDL who has the proper CDL group and endorsement | ||
necessary to operate the CMV. The CDL holder must at all times | ||
be physically present in the front seat of the vehicle next to | ||
the CLP holder or, in the case of a passenger vehicle, directly | ||
behind or in the first row behind the driver and must have the | ||
CLP holder under observation and direct supervision. | ||
(k) A CLP is valid for 180 days from the date of issuance. | ||
A CLP may be renewed for an additional 180 days without | ||
requiring the CLP holder to retake the general and endorsement |
knowledge tests. | ||
(l) A CLP issued prior to July 1, 2014 for a limited time | ||
period according to state requirements, shall be considered a | ||
valid commercial driver's license for purposes of | ||
behind-the-wheel training on public roads or highways. | ||
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||
Sec. 6-508. Commercial Driver's License (CDL) - | ||
qualification standards.
| ||
(a) Testing.
| ||
(1) General. No person shall be issued an original or | ||
renewal CDL
unless that person is
domiciled in this State | ||
or is applying for a non-domiciled CDL under Sections 6-509 | ||
and 6-510 of this Code . The Secretary shall cause to be | ||
administered such
tests as the Secretary deems necessary to | ||
meet the requirements of 49
C.F.R. Part 383, subparts F, G, | ||
H, and J.
| ||
(1.5) Effective July 1, 2014, no person shall be issued | ||
an original CDL or an upgraded CDL that requires a skills | ||
test unless that person has held a CLP, for a minimum of 14 | ||
calendar days, for the classification of vehicle and | ||
endorsement, if any, for which the person is seeking a CDL. | ||
(2) Third party testing. The Secretary of state may | ||
authorize a
"third party tester", pursuant to 49 C.F.R. | ||
Part 383.75 and 49 C.F.R. 384.228 and 384.229 , to | ||
administer the
skills test or tests specified by Federal |
Motor Carrier Safety
Administration pursuant to the
| ||
Commercial Motor Vehicle Safety Act of 1986 and any | ||
appropriate federal rule.
| ||
(b) Waiver of Skills Test. The Secretary of State may waive | ||
the skills
test specified in this Section for a driver | ||
applicant for a commercial driver license
who meets the | ||
requirements of 49 C.F.R. Part 383.77 and Part 383.123 .
| ||
(b-1) No person shall be issued a commercial driver | ||
instruction permit or CDL unless the person certifies to the | ||
Secretary one of the following types of driving operations in | ||
which he or she will be engaged: | ||
(1) non-excepted interstate; | ||
(2) non-excepted intrastate; | ||
(3) excepted interstate; or | ||
(4) excepted intrastate. | ||
(b-2) (Blank). Persons who hold a commercial driver | ||
instruction permit or CDL on January 30, 2012 must certify to | ||
the Secretary no later than January 30, 2014 one of the | ||
following applicable self-certifications: | ||
(1) non-excepted interstate; | ||
(2) non-excepted intrastate; | ||
(3) excepted interstate; or | ||
(4) excepted intrastate. | ||
(c) Limitations on issuance of a CDL. A CDL , or a | ||
commercial driver
instruction permit, shall not be issued to a | ||
person while the person is
subject to a disqualification from |
driving a commercial motor vehicle, or
unless otherwise | ||
permitted by this Code, while the person's driver's
license is | ||
suspended, revoked or cancelled in
any state, or any territory | ||
or province of Canada; nor may a CLP or CDL be issued
to a | ||
person who has a CLP or CDL issued by any other state, or | ||
foreign
jurisdiction, nor may a CDL be issued to a person who | ||
has an Illinois CLP unless the person first surrenders all of | ||
these such
licenses or permits . However, a person may hold an | ||
Illinois CLP and an Illinois CDL providing the CLP is necessary | ||
to train or practice for an endorsement or vehicle | ||
classification not present on the current CDL. No CDL shall be | ||
issued to or renewed for a person who does not
meet the | ||
requirement of 49 CFR 391.41(b)(11). The requirement may be met | ||
with
the aid of a hearing aid.
| ||
(c-1) The Secretary may issue a CDL with a school bus | ||
driver endorsement
to allow a person to drive the type of bus | ||
described in subsection (d-5) of
Section 6-104 of this Code. | ||
The CDL with a school bus driver endorsement may be
issued only | ||
to a person meeting the following requirements:
| ||
(1) the person has submitted his or her fingerprints to | ||
the
Department of State Police in the form and manner
| ||
prescribed by the Department of State Police. These
| ||
fingerprints shall be checked against the fingerprint | ||
records
now and hereafter filed in the Department of State | ||
Police and
Federal Bureau of Investigation criminal | ||
history records databases;
|
(2) the person has passed a written test, administered | ||
by the Secretary of
State, on charter bus operation, | ||
charter bus safety, and certain special
traffic laws
| ||
relating to school buses determined by the Secretary of | ||
State to be relevant to
charter buses, and submitted to a | ||
review of the driver applicant's driving
habits by the | ||
Secretary of State at the time the written test is given;
| ||
(3) the person has demonstrated physical fitness to | ||
operate school buses
by
submitting the results of a medical | ||
examination, including tests for drug
use; and
| ||
(4) the person has not been convicted of committing or | ||
attempting
to commit any
one or more of the following | ||
offenses: (i) those offenses defined in
Sections 8-1.2, | ||
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||
10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||
11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||
12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||
12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||
12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
|
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||
24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||
Section 12-3.05, and in subsection (a) and subsection (b), | ||
clause (1), of Section
12-4, and in subsection (A), clauses | ||
(a) and (b), of Section 24-3, and those offenses contained | ||
in Article 29D of the Criminal Code of 1961 or the Criminal | ||
Code of 2012; (ii) those offenses defined in the
Cannabis | ||
Control Act except those offenses defined in subsections | ||
(a) and
(b) of Section 4, and subsection (a) of Section 5 | ||
of the Cannabis Control
Act; (iii) those offenses defined | ||
in the Illinois Controlled Substances
Act; (iv) those | ||
offenses defined in the Methamphetamine Control and | ||
Community Protection Act; (v) any offense committed or | ||
attempted in any other state or against
the laws of the | ||
United States, which if committed or attempted in this
| ||
State would be punishable as one or more of the foregoing | ||
offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||
of the Wrongs to Children Act or Section 11-9.1A of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||
those offenses defined in Section 6-16 of the Liquor | ||
Control Act of
1934; and (viii) those offenses defined in | ||
the Methamphetamine Precursor Control Act.
| ||
The Department of State Police shall charge
a fee for |
conducting the criminal history records check, which shall be
| ||
deposited into the State Police Services Fund and may not | ||
exceed the actual
cost of the records check.
| ||
(c-2) The Secretary shall issue a CDL with a school bus | ||
endorsement to allow a person to drive a school bus as defined | ||
in this Section. The CDL shall be issued according to the | ||
requirements outlined in 49 C.F.R. 383. A person may not | ||
operate a school bus as defined in this Section without a | ||
school bus endorsement. The Secretary of State may adopt rules | ||
consistent with Federal guidelines to implement this | ||
subsection (c-2).
| ||
(d) (Blank). Commercial driver instruction permit. A | ||
commercial driver
instruction permit may be issued to any | ||
person holding a valid Illinois
driver's license if such person | ||
successfully passes such tests as the
Secretary determines to | ||
be necessary.
A commercial driver instruction permit shall not | ||
be issued to a person who
does not meet
the requirements of 49 | ||
CFR 391.41 (b)(11), except for the renewal of a
commercial | ||
driver
instruction permit for a person who possesses a | ||
commercial instruction permit
prior to the
effective date of | ||
this amendatory Act of 1999.
| ||
(Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1, | ||
Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff. | ||
7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||
eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(625 ILCS 5/6-508.1) | ||
Sec. 6-508.1. Medical Examiner's Certificate. | ||
(a) It shall be unlawful for any person to drive a CMV in | ||
non-excepted interstate commerce unless the person holds a CLP | ||
or CDL and is medically certified as physically qualified to do | ||
so. | ||
(b) No person who has certified to non-excepted interstate | ||
driving as provided in Sections 6-507.5 and Section 6-508 of | ||
this Code shall be issued a commercial learner's driver | ||
instruction permit or CDL unless that person presents to the | ||
Secretary a medical examiner's certificate or has a current | ||
medical examiner's certificate on the CDLIS driver record. | ||
(c) Persons who hold a commercial driver instruction permit | ||
or CDL on January 30, 2012 who have certified as non-excepted | ||
interstate as provided in Section 6-508 of this Code must | ||
provide to the Secretary a medical examiner's certificate no | ||
later than January 30, 2014. | ||
(d) On and after As of January 30, 2014, all persons who | ||
hold a commercial driver instruction permit or CDL who have | ||
certified as non-excepted interstate shall maintain a current | ||
medical examiner's certificate on file with the Secretary. On | ||
and after July 1, 2014, all persons issued a CLP who have | ||
certified as non-excepted interstate shall maintain a current | ||
medical examiner's certificate on file with the Secretary. | ||
(e) Within 10 calendar days of receipt of a medical | ||
examiner's certificate of a driver who has certified as |
non-excepted interstate, the Secretary shall post the | ||
following to the CDLIS driver record: | ||
(1) the medical examiner's name; | ||
(2) the medical examiner's telephone number; | ||
(3) the date of issuance of the medical examiner's | ||
certificate; | ||
(4) the medical examiner's license number and the state | ||
that issued it; | ||
(5) the medical certification status; | ||
(6) the expiration date of the medical examiner's | ||
certificate; | ||
(7) the existence of any medical variance on the | ||
medical examiner's certificate or grandfather provisions; | ||
(8) any restrictions noted on the medical examiner's | ||
certificate; and | ||
(9) the date the medical examiner's certificate | ||
information was posted to the CDLIS driver record. | ||
(f) Within 10 calendar days of the expiration or rescission | ||
of the driver's medical examiner's certificate or medical | ||
variance or both, the Secretary shall update the medical | ||
certification status to "not certified". | ||
(g) Within 10 calendar days of receipt of information from | ||
the Federal Motor Carrier Safety Administration regarding | ||
issuance or renewal of a medical variance, the Secretary shall | ||
update the CDLIS driver record to include the medical variance | ||
information provided by the Federal Motor Carrier Safety |
Administration. | ||
(h) The Secretary shall notify the driver of his or her | ||
non-certified status and that his or her CDL will be canceled | ||
unless the driver submits a current medical examiner's | ||
certificate or medical variance or changes his or her | ||
self-certification to driving only in excepted or intrastate | ||
commerce. | ||
(i) Within 60 calendar days of a driver's medical | ||
certification status becoming non-certified, the Secretary | ||
shall cancel the CDL.
| ||
(Source: P.A. 97-208, eff. 1-1-12.)
| ||
(625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
| ||
Sec. 6-509. Non-domiciled commercial learner's permit and | ||
non-domiciled Non-resident commercial driver's license. | ||
(a) The Secretary
of State may issue a non-domiciled CLP or | ||
non-domiciled non-resident CDL to a domiciliary of a foreign
| ||
jurisdiction if the United States Secretary of Transportation | ||
has
determined that the commercial motor vehicle testing and | ||
licensing
standards, in that foreign jurisdiction, do not meet | ||
the testing standards
established in 49 C.F.R. Part 383. The | ||
Secretary of State may also issue a non-resident CDL to an | ||
individual domiciled in another state while that state is | ||
prohibited from issuing CDLs in accordance with 49 C.F.R. Part | ||
384. A non-domiciled CLP or non-domiciled non-resident CDL | ||
shall be issued in accordance with the testing and licensing |
standards contained in subparts F, G, and H of 49 C.F.R. Part | ||
383. The word "Non-domiciled" "Non-resident" must appear on
the | ||
face of the non-domiciled CLP or non-domiciled non-resident | ||
CDL. A driver applicant must surrender any
non-domiciled CLP or | ||
non-domiciled non-resident CDL, license or permit issued by any | ||
other state.
| ||
(b) If an individual is domiciled in a state while that | ||
state is prohibited from issuing CDLs in accordance with 49 | ||
C.F.R. Part 384.405, that individual is eligible to obtain a | ||
non-domiciled CLP or non-domiciled non-resident CDL from any | ||
state that elects to issue a non-domiciled CLP or non-domiciled | ||
non-resident CDL and which complies with the testing and | ||
licensing standards contained in subparts F, G, and H of 49 | ||
C.F.R. Part 383.23.
"Non-domiciled" must appear on the face of | ||
the non-domiciled CLP or non-domiciled CDL. A driver applicant | ||
must surrender any non-domiciled CLP or non-domiciled CDL | ||
issued in any other state. | ||
(Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
| ||
(625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
| ||
Sec. 6-510. Application for Commercial Driver's License | ||
(CDL).
The application for a CDL or commercial driver | ||
instruction permit,
must include, but is not necessarily be | ||
limited to, the following:
| ||
(1) the driver applicant's full legal name and current | ||
Illinois domiciliary address ,
( unless the
driver applicant |
is from a foreign country and is applying application is | ||
for a non-domiciled Non-resident CDL ) in which case the | ||
driver applicant shall submit proof of Illinois residency | ||
or the driver applicant is from another state and is | ||
applying for a non-domiciled CDL in which case the driver | ||
applicant shall submit proof of domicile in the state which | ||
issued the driver applicant's Non-CDL of the driver | ||
applicant ;
| ||
(2) a physical description of the driver applicant | ||
including gender sex , height,
weight, color of eyes , and | ||
hair color;
| ||
(3) date of birth;
| ||
(4) the driver applicant's social security number;
| ||
(5) the driver applicant's signature;
| ||
(6) certifications required by 49 C.F.R. Part 383.71; | ||
(6.1) the names of all states where the driver
| ||
applicant has previously been licensed to drive any type of | ||
motor vehicle during the previous 10 years pursuant to 49 | ||
C.F.R. Part 383; and
| ||
(6.2) proof of citizenship or lawful permanent | ||
residency as set forth in Table 1 of 49 C.F.R. 383.71, | ||
unless the driver applicant is from a foreign country and | ||
is applying for a non-domiciled CDL, in which case the | ||
applicant must provide an unexpired employment | ||
authorization document (EAD) issued by USCIS or an | ||
unexpired foreign passport accompanied by an approved I-94 |
form documenting the applicant's most recent admittance | ||
into the United States; and | ||
(7) any other information required by the Secretary of | ||
State.
| ||
(Source: P.A. 97-263, eff. 8-5-11.)
| ||
(625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
| ||
Sec. 6-511. Change of legal name or domiciliary address.
| ||
(a) All persons to
whom a CLP or CDL has been issued, shall
| ||
notify the Driver Services Department of the
Secretary of
| ||
State's Office within 10 days of any change in
domiciliary | ||
address.
In addition, the such person shall make application | ||
for a corrected CLP or CDL within
30 days after the of any such | ||
change.
| ||
(b) Any person to whom a CLP or CDL has been issued whose | ||
legal name has changed
from the name on the previously-issued | ||
CLP or CDL shall apply for a corrected card
within 30 days | ||
after the change.
| ||
(Source: P.A. 93-895, eff. 1-1-05.)
| ||
(625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
| ||
Sec. 6-512.
Unlawful operation of a commercial motor | ||
vehicle
pursuant to a non-Illinois issued CLP or CDL. No | ||
person, after becoming a
domiciliary of this State for 30 days | ||
or
more, shall drive a commercial motor vehicle on the highways | ||
of this State
pursuant to the authority of a CLP or CDL issued |
by any other State or foreign jurisdiction.
| ||
(Source: P.A. 86-845.)
| ||
(625 ILCS 5/6-512.5 new) | ||
Sec. 6-512.5. Commercial Learner's Permit or CLP. | ||
(a) The content of the CLP shall include, but is not | ||
limited to, the following: | ||
(1) A CLP shall be distinctly marked "Commercial | ||
Learner's Permit" or "CLP" and that it is invalid unless | ||
accompanied by the underlying driver's license issued by | ||
the State of Illinois; | ||
(2) the full legal name and the Illinois domiciliary | ||
address (unless it is a non-domiciled CLP) of the person to | ||
whom the CLP is issued; | ||
(3) a physical description of the person including | ||
gender, height, weight, color of eyes, and hair color; | ||
(4) date of birth; | ||
(5) the Illinois driver's license number assigned by | ||
the Secretary of State; | ||
(6) the person's signature; | ||
(7) an indicator showing that the CLP was issued by the | ||
State of Illinois; | ||
(8) the date of issuance and the date of expiration of | ||
the CLP; | ||
(9) the class or type of commercial vehicle or vehicles | ||
which the person is authorized to drive together with any |
endorsement or restriction. | ||
(b) If the CLP is a non-domiciled CLP, it must contain the | ||
prominent statement that the permit is a "Non-domiciled | ||
Commercial Learner's Permit" or "Non-domiciled CLP". | ||
(c) Applicant Record Check. Prior to issuing, renewing, | ||
upgrading, or transferring a CLP, the Secretary of State shall | ||
obtain, review, and maintain upon issuance, renewal, upgrade, | ||
or transfer the driver applicant's driving record as required | ||
by 49 C.F.R. Parts 383 and 384 and the United States Secretary | ||
of Transportation. | ||
(d) Notification of Commercial Learner's Permit (CLP) | ||
Issuance and Self-Certification. Within 10 days after issuing a | ||
CLP, the Secretary of State must notify the Commercial Driver | ||
License Information System of that fact, and provide all | ||
information required to ensure identification of the person. | ||
The Secretary shall also post the driver's self-certification | ||
for the type of driving operations to the CDLIS driver record. | ||
(625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
| ||
Sec. 6-513. Commercial Driver's License or CDL. The content | ||
of the CDL
shall include, but is not necessarily be limited to | ||
the following:
| ||
(a) A CDL shall be distinctly marked "Commercial Driver's | ||
License" or
"CDL". It must include, but is not necessarily be | ||
limited to, the following
information:
| ||
(1) the full legal name and the Illinois domiciliary |
address (unless it is
a
non-domiciled Non-resident CDL) of | ||
the person to whom the CDL is issued;
| ||
(2) a the person's color photograph of the person ;
| ||
(3) a physical description of the person including | ||
gender sex , height, and
may include weight, color of eyes , | ||
and hair color;
| ||
(4) date of birth;
| ||
(5) a CDL or file number assigned by the Secretary of | ||
State;
| ||
(6) the person's signature;
| ||
(7) the class or type of commercial vehicle or vehicles | ||
which the
person is authorized to drive together with any | ||
endorsements or restrictions;
| ||
(8) the name of the issuing state;
| ||
(9) the issuance and expiration dates of the CDL; and
| ||
(10) the restriction code "V" if the driver has been | ||
issued a medical variance. | ||
(a-5) If the CDL is a non-domiciled CDL it must contain the | ||
prominent statement that the license is a "Non-domiciled | ||
Commercial Driver's License" or "Non-domiciled CDL". | ||
(b) Applicant Record Check.
| ||
Prior to issuing, renewing, upgrading, or transferring a | ||
CDL, the Secretary of State shall
obtain, review, and maintain | ||
upon issuance, renewal, upgrade, or transfer the driver
| ||
applicant's driving record as required by 49 C.F.R. Part 383 | ||
and Part 384
and the United States Secretary of Transportation.
|
(c) Notification of Commercial Driver's License (CDL) | ||
Issuance and Self-Certification.
| ||
Within 10 days after issuing a CDL, the Secretary of State | ||
must notify
the Commercial Driver License Information System of | ||
that fact, and provide
all information required to ensure | ||
identification of the person.
The Secretary shall also post the | ||
driver's self-certification for the type of driving operations | ||
to the CDLIS driver record.
| ||
(c-5) Change in driver identification information. | ||
Within 10 days of any change of driver identification | ||
information on any CDL holder, the Secretary of State must | ||
notify the Commercial Driver License Information System of the | ||
change.
| ||
(d) Renewal.
| ||
Every person applying for a renewal of a CDL must complete | ||
the
appropriate application form required by this Code and any | ||
other test
deemed necessary by the Secretary.
| ||
(Source: P.A. 97-208, eff. 1-1-12.)
| ||
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||
Sec. 6-514. Commercial Driver's License (CDL) - | ||
Disqualifications.
| ||
(a) A person shall be disqualified from driving a | ||
commercial motor
vehicle for a period of not less than 12 | ||
months for the first violation of:
| ||
(1) Refusing to submit to or failure to complete a test |
or tests to
determine the driver's blood concentration of | ||
alcohol, other drug, or both,
while driving a commercial | ||
motor vehicle or, if the driver is a CLP or CDL holder, | ||
while driving a non-CMV; or
| ||
(2) Operating a commercial motor vehicle while the | ||
alcohol
concentration of the person's blood, breath or | ||
urine is at least 0.04, or any
amount of a drug, substance, | ||
or compound in the person's blood or urine
resulting from | ||
the unlawful use or consumption of cannabis listed in the
| ||
Cannabis Control Act, a controlled substance listed in the | ||
Illinois
Controlled Substances Act, or methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act as indicated by a police officer's sworn | ||
report or
other verified evidence; or operating a | ||
non-commercial motor vehicle while the alcohol | ||
concentration of the person's blood, breath, or urine was | ||
above the legal limit defined in Section 11-501.1 or | ||
11-501.8 or any amount of a drug, substance, or compound in | ||
the person's blood or urine resulting from the unlawful use | ||
or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois | ||
Controlled Substances Act, or methamphetamine as listed in | ||
the Methamphetamine Control and Community Protection Act
| ||
as indicated by a police officer's sworn report or other | ||
verified evidence while holding a CLP or CDL commercial | ||
driver's license ; or
|
(3) Conviction for a first violation of:
| ||
(i) Driving a commercial motor vehicle or, if the | ||
driver is a CLP or CDL holder, driving a non-CMV while | ||
under the influence of
alcohol, or any other drug, or | ||
combination of drugs to a degree which
renders such | ||
person incapable of safely driving; or
| ||
(ii) Knowingly leaving the scene of an accident | ||
while
operating a commercial motor vehicle or, if the | ||
driver is a CLP or CDL holder, while driving a non-CMV; | ||
or
| ||
(iii) Driving a commercial motor vehicle or, if the | ||
driver is a CLP or CDL holder, driving a non-CMV while | ||
committing any felony; or | ||
(iv) Driving a commercial motor vehicle while the | ||
person's driving privileges or driver's license or | ||
permit is revoked, suspended, or cancelled or the | ||
driver is disqualified from operating a commercial | ||
motor vehicle; or | ||
(v) Causing a fatality through the negligent | ||
operation of a commercial motor vehicle, including but | ||
not limited to the crimes of motor vehicle | ||
manslaughter, homicide by a motor vehicle, and | ||
negligent homicide. | ||
As used in this subdivision (a)(3)(v), "motor | ||
vehicle manslaughter" means the offense of involuntary | ||
manslaughter if committed by means of a vehicle; |
"homicide by a motor vehicle" means the offense of | ||
first degree murder or second degree murder, if either | ||
offense is committed by means of a vehicle; and | ||
"negligent homicide" means reckless homicide under | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 and aggravated driving under the | ||
influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof under subdivision (d)(1)(F) of Section 11-501 | ||
of this Code.
| ||
If any of the above violations or refusals occurred | ||
while
transporting hazardous material(s) required to be | ||
placarded, the person
shall be disqualified for a period of | ||
not less than 3 years.
| ||
(b) A person is disqualified for life for a second | ||
conviction of any of
the offenses specified in paragraph (a), | ||
or any combination of those
offenses, arising from 2 or more | ||
separate incidents.
| ||
(c) A person is disqualified from driving a commercial | ||
motor vehicle for
life if the person either (i) uses a | ||
commercial motor vehicle in the commission of any felony
| ||
involving the manufacture, distribution, or dispensing of a | ||
controlled
substance, or possession with intent to | ||
manufacture, distribute or dispense
a controlled substance or | ||
(ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||
commission of a felony involving any of those activities.
|
(d) The Secretary of State may, when the United States | ||
Secretary of
Transportation so authorizes, issue regulations | ||
in which a disqualification
for life under paragraph (b) may be | ||
reduced to a period of not less than 10
years.
If a reinstated | ||
driver is subsequently convicted of another disqualifying
| ||
offense, as specified in subsection (a) of this Section, he or | ||
she shall be
permanently disqualified for life and shall be | ||
ineligible to again apply for a
reduction of the lifetime | ||
disqualification.
| ||
(e) A person is disqualified from driving a commercial | ||
motor vehicle for
a period of not less than 2 months if | ||
convicted of 2 serious traffic
violations, committed in a | ||
commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||
or any combination thereof, arising from separate
incidents, | ||
occurring within a 3 year period, provided the serious traffic | ||
violation committed in a non-CMV would result in the suspension | ||
or revocation of the CLP or CDL holder's non-CMV privileges. | ||
However, a person will be
disqualified from driving a | ||
commercial motor vehicle for a period of not less
than 4 months | ||
if convicted of 3 serious traffic violations, committed in a
| ||
commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||
or any combination thereof, arising from separate incidents, | ||
occurring within a 3
year period, provided the serious traffic | ||
violation committed in a non-CMV would result in the suspension | ||
or revocation of the CLP or CDL holder's non-CMV privileges. If | ||
all the convictions occurred in a non-CMV, the disqualification |
shall be entered only if the convictions would result in the | ||
suspension or revocation of the CLP or CDL holder's non-CMV | ||
privileges.
| ||
(e-1) (Blank).
| ||
(f) Notwithstanding any other provision of this Code, any | ||
driver
disqualified from operating a commercial motor vehicle, | ||
pursuant to this
UCDLA, shall not be eligible for restoration | ||
of commercial driving
privileges during any such period of | ||
disqualification.
| ||
(g) After suspending, revoking, or cancelling a CLP or CDL | ||
commercial driver's
license , the Secretary of State must update | ||
the driver's records to reflect
such action within 10 days. | ||
After suspending or revoking the driving privilege
of any | ||
person who has been issued a CLP or CDL or commercial driver | ||
instruction permit
from another jurisdiction, the Secretary | ||
shall originate notification to
such issuing jurisdiction | ||
within 10 days.
| ||
(h) The "disqualifications" referred to in this Section | ||
shall not be
imposed upon any commercial motor vehicle driver, | ||
by the Secretary of
State, unless the prohibited action(s) | ||
occurred after March 31, 1992.
| ||
(i) A person is disqualified from driving a commercial | ||
motor vehicle in
accordance with the following:
| ||
(1) For 6 months upon a first conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||
of this Code.
|
(2) For 2 years upon a second conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (2) of subsection (b) or subsection | ||
(b-3).
| ||
(3) For 3 years upon a third or subsequent conviction | ||
of paragraph (2) of
subsection (b) or subsection (b-3) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (2) of subsection | ||
(b) or subsection (b-3).
| ||
(4) For one year upon a first conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||
of this Code.
| ||
(5) For 3 years upon a second conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (3) of subsection (b) or (b-5).
| ||
(6) For 5 years upon a third or subsequent conviction | ||
of paragraph (3) of
subsection (b) or subsection (b-5) or | ||
any combination of paragraphs (2) or (3) of subsection (b) |
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (3) of subsection | ||
(b) or (b-5).
| ||
(j) Disqualification for railroad-highway grade crossing
| ||
violation.
| ||
(1) General rule. A driver who is convicted of a | ||
violation of a federal,
State, or
local law or regulation | ||
pertaining to
one of the following 6 offenses at a | ||
railroad-highway grade crossing must be
disqualified
from | ||
operating a commercial motor vehicle for the period of time | ||
specified in
paragraph (2) of this subsection (j) if the | ||
offense was committed while
operating a commercial motor | ||
vehicle:
| ||
(i) For drivers who are not required to always | ||
stop, failing to
slow down and check that the tracks | ||
are clear of an approaching train or railroad track | ||
equipment, as
described in subsection (a-5) of Section | ||
11-1201 of this Code;
| ||
(ii) For drivers who are not required to always | ||
stop, failing to
stop before reaching the crossing, if | ||
the tracks are not clear, as described in
subsection | ||
(a) of Section 11-1201 of this Code;
| ||
(iii) For drivers who are always required to stop, | ||
failing to stop
before driving onto the crossing, as | ||
described in Section 11-1202 of this Code;
|
(iv) For all drivers, failing to have sufficient | ||
space to drive
completely through the crossing without | ||
stopping, as described in subsection
(b) of Section | ||
11-1425 of this Code;
| ||
(v) For all drivers, failing to obey a traffic | ||
control device or
the directions of an enforcement | ||
official at the crossing, as described in
subdivision | ||
(a)2 of Section 11-1201 of this Code;
| ||
(vi) For all drivers, failing to negotiate a | ||
crossing because of
insufficient undercarriage | ||
clearance, as described in subsection (d-1) of
Section | ||
11-1201 of this Code.
| ||
(2) Duration of disqualification for railroad-highway | ||
grade
crossing violation.
| ||
(i) First violation. A driver must be disqualified | ||
from operating a
commercial motor vehicle
for not less | ||
than 60 days if the driver is convicted of a violation | ||
described
in paragraph
(1) of this subsection (j) and, | ||
in the three-year period preceding the
conviction, the | ||
driver
had no convictions for a violation described in | ||
paragraph (1) of this
subsection (j).
| ||
(ii) Second violation. A driver must be | ||
disqualified from operating a
commercial
motor vehicle
| ||
for not less
than 120 days if the driver is convicted
| ||
of a violation described in paragraph (1) of this | ||
subsection (j) and, in the
three-year
period preceding |
the conviction, the driver had one other conviction for | ||
a
violation
described in paragraph (1) of this | ||
subsection (j) that was committed in a
separate
| ||
incident.
| ||
(iii) Third or subsequent violation. A driver must | ||
be disqualified from
operating a
commercial motor | ||
vehicle
for not less than one year if the driver is | ||
convicted
of a violation described in paragraph (1) of | ||
this subsection (j) and, in the
three-year
period | ||
preceding the conviction, the driver had 2 or more | ||
other convictions for
violations
described in | ||
paragraph (1) of this subsection (j) that were | ||
committed in
separate incidents.
| ||
(k) Upon notification of a disqualification of a driver's | ||
commercial motor vehicle privileges imposed by the U.S. | ||
Department of Transportation, Federal Motor Carrier Safety | ||
Administration, in accordance with 49 C.F.R. 383.52, the | ||
Secretary of State shall immediately record to the driving | ||
record the notice of disqualification and confirm to the driver | ||
the action that has been taken.
| ||
(Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10; | ||
96-1244, eff. 1-1-11; 97-333, eff. 8-12-11; 97-1150, eff. | ||
1-25-13.)
| ||
(625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
| ||
Sec. 6-518. Notification of Traffic Convictions. |
(a) Within 5 days after
receiving a report of an Illinois | ||
conviction, or other verified evidence,
of any driver who has | ||
been issued a CLP or CDL by another State, for a violation
of | ||
any law or local ordinance of this State, relating to motor
| ||
vehicle traffic control, other than parking violations, | ||
committed in any motor vehicle, the Secretary of State must | ||
notify the driver
licensing authority which issued such CLP or | ||
CDL of said conviction.
| ||
(b) Within 5 days after
receiving a report of an Illinois | ||
conviction, or other verified evidence,
of any driver from | ||
another state, for a violation
of any law or local ordinance of | ||
this State, relating to motor
vehicle traffic control, other | ||
than parking violations, committed in a commercial motor | ||
vehicle, the Secretary of State must notify the driver
| ||
licensing authority which issued the person's driver's license | ||
of the conviction.
| ||
(Source: P.A. 96-1080, eff. 7-16-10.)
| ||
(625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
| ||
Sec. 6-523. Reciprocity. | ||
(a) Notwithstanding any law to the contrary, a
person may | ||
drive a commercial motor vehicle in this State if the such | ||
person has
a valid CDL, non-domiciled CDL, CLP, or | ||
non-domiciled CLP commercial driver's license or CDL | ||
instruction permit issued by
another State or foreign | ||
jurisdiction as long as that such person has not been
an |
established domiciliary of this State for 30 days or more.
| ||
(b) The Secretary of State shall give out of state | ||
convictions full
faith and credit and treat them for | ||
sanctioning purposes, under this UCDLA,
just as if they | ||
occurred in this State.
| ||
(c) A CLP or CDL issued by this State or any other state | ||
before the date on and after which the state is prohibited from | ||
issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid | ||
until its stated expiration date.
| ||
(Source: P.A. 94-307, eff. 9-30-05.)
| ||
(625 ILCS 5/6-704) (from Ch. 95 1/2, par. 6-704)
| ||
Sec. 6-704. Applications for New Licenses.
| ||
Upon application for a license to drive, the licensing | ||
authority in a
party state shall ascertain whether the | ||
applicant has ever held, or is the
holder of a license to drive | ||
issued by any other party state. The licensing
authority in the | ||
state where application is made shall not issue a license
to | ||
drive to the applicant if:
| ||
1. The applicant has held such a license, but the same has | ||
been
suspended by reason, in whole or in part, of a violation | ||
and if such
suspension period has not terminated.
| ||
2. The applicant has held such a license, but the same has | ||
been revoked
by reason, in whole or in part, of a violation and | ||
if such revocation has
not terminated, except that after the | ||
expiration of one year from the date
the license was revoked, |
such person may make application for a new license
if permitted | ||
by law. The licensing authority may refuse to issue a license
| ||
to any such applicant if, after investigation, the licensing | ||
authority
determines that it will not be safe to grant to such | ||
person the privilege
of driving a motor vehicle on the public | ||
highways.
| ||
3. The applicant is the holder of a license to drive issued | ||
by another
party state and currently in force unless the | ||
applicant surrenders this such
license , except that if an | ||
applicant is applying only for a non-domiciled commercial | ||
learner's permit or non-domiciled commercial driver's license, | ||
the applicant is not required to surrender the license issued | ||
by the applicant's state or country of domicile .
| ||
(Source: P.A. 76-1615.)
| ||
(625 ILCS 5/1-111.5 rep.) | ||
Section 10. The Illinois Vehicle Code is amended by | ||
repealing Section 1-111.5. | ||
Section 99. Effective date. This Act takes effect July 1, | ||
2014. |