Public Act 93-0101

SB58 Enrolled                        LRB093 02136 DRH 02143 b

    AN ACT in relation to vehicles.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
changing Section 6-107 as follows:

    (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
    Sec. 6-107. Graduated license.
    (a)  The  purpose  of the Graduated  Licensing Program is
to  develop  safe  and  mature  driving  habits   in   young,
inexperienced  drivers  and  reduce  or prevent motor vehicle
accidents, fatalities, and injuries by:
         (1)  providing  for  an  increase  in  the  time  of
    practice period before granting permission  to  obtain  a
    driver's license;
         (2)  strengthening   driver  licensing  and  testing
    standards for persons under the age of 21 years;
         (3)  sanctioning driving privileges of drivers under
    age 21 who have committed serious traffic  violations  or
    other specified offenses; and
         (4)  setting   stricter  standards  to  promote  the
    public's health and safety.
    (b)    The application of any person under the age of  18
years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the
laws  of  this  State,  shall  be  accompanied by the written
consent of either parent of the applicant; otherwise  by  the
guardian  having  custody  of  the applicant, or in the event
there is no parent or guardian, then by  another  responsible
adult.
    No  graduated  driver's  license  shall  be issued to any
applicant under 18 years of age, unless the applicant has:
         (1)  Held a valid instruction permit for  a  minimum
    of 3 months.
         (2)  Passed  an approved driver education course and
    submits proof of having  passed  the  course  as  may  be
    required.
         (3)  certification by the parent, legal guardian, or
    responsible adult that the applicant has had a minimum of
    25   hours  of  behind-the-wheel  practice  time  and  is
    sufficiently prepared and able to safely operate a  motor
    vehicle.
    (c)  No  graduated  driver's  license  or permit shall be
issued to any  applicant  under  18  years  of  age  who  has
committed  the offense of operating a motor vehicle without a
valid license or permit in violation of Section 6-101 of this
Code and no graduated driver's license  or  permit  shall  be
issued  to  any  applicant  under  18  years  of age  who has
committed  an  offense  that  would  otherwise  result  in  a
mandatory revocation of a license or permit  as  provided  in
Section  6-205  of this Code or who has been either convicted
of or adjudicated a delinquent based upon a violation of  the
Cannabis  Control  Act  or the Illinois Controlled Substances
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  or Section 410 of the Illinois Controlled Substances Act
shall not be considered convicted. Any person found guilty of
this offense, while in actual physical  control  of  a  motor
vehicle,  shall have an entry made in the court record by the
judge that this offense did occur while  the  person  was  in
actual  physical  control  of  a  motor vehicle and order the
clerk of the court to report the violation to  the  Secretary
of State as such.
    (d)  No  graduated driver's license shall be issued for 6
months to any applicant under the age of  18  years  who  has
been  convicted  of  any offense defined as a serious traffic
violation in this Code or a  similar  provision  of  a  local
ordinance.
    (e)  No  graduated  driver's license holder under the age
of 18 years shall operate any motor vehicle, except  a  motor
driven  cycle or motorcycle, with  more than one passenger in
the front seat of the motor vehicle and no more passengers in
the back seats than the number of available seat safety belts
as set forth in Section 12-603 of this Code.
    (f)  No graduated driver's license holder under  the  age
of  18  shall  operate a motor vehicle unless each driver and
front or back seat passenger under the age of 18 is wearing a
properly adjusted and fastened seat safety belt.
    (g)  If a graduated driver's license holder is under  the
age  of 18 when he or she receives the license, for the first
6 months he or she holds the  license  or  until  he  or  she
reaches the age of 18, whichever occurs sooner, the graduated
license holder may not operate a motor vehicle with more than
one  passenger  in  the  vehicle  who is under the age of 20,
unless any additional passenger or passengers  are  siblings,
step-siblings, children, or stepchildren of the driver.
(Source: P.A. 90-369, eff. 1-1-98.)