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Public Act 094-0897
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| HB4768 Enrolled |
LRB094 17603 DRH 52901 b |
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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 |
Section 6-107 as follows:
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(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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Sec. 6-107. Graduated license.
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(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,
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fatalities,
and injuries by:
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(1) providing for an increase in the time of practice |
period before
granting
permission to obtain a driver's |
license;
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(2) strengthening driver licensing and testing |
standards for persons under
the age of 21 years;
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(3) sanctioning driving privileges of drivers under |
age 21 who have
committed serious traffic violations or |
other specified offenses; and
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(4) setting stricter standards to promote the public's |
health and
safety.
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(b) The application of any person under
the age of 18 |
years, and not legally emancipated by marriage, for a drivers
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license or permit to operate a motor vehicle issued under the |
laws of this
State, shall be accompanied by the written consent |
of either parent of the
applicant; otherwise by the guardian |
having custody of the applicant, or
in the event there is no |
parent or guardian, then by another responsible adult. The |
written consent must accompany any application for a driver's |
license under this subsection (b), regardless of whether or not |
the required written consent also accompanied the person's |
previous application for an instruction permit.
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No graduated driver's license shall be issued to any |
applicant under 18
years
of age, unless the applicant is at |
least 16 years of age and has:
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(1) Held a valid instruction permit for a minimum of 3 |
months.
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(2) Passed an approved driver education course
and |
submits proof of having passed the course as may
be |
required.
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(3) certification by the parent, legal guardian, or |
responsible adult that
the applicant has had a minimum of |
50
25 hours of behind-the-wheel practice time, at least 10 |
hours of which have been at night,
and is sufficiently |
prepared and able to safely operate a motor vehicle.
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(c) No graduated driver's license or permit shall be issued |
to
any applicant under 18
years of age who has committed the |
offense of operating a motor vehicle
without a valid license or |
permit in violation of Section 6-101 of this Code
and no |
graduated driver's
license or permit shall be issued to any |
applicant under 18 years of age
who has committed an offense |
that would otherwise result in a
mandatory revocation of a |
license or permit as provided in Section 6-205 of
this Code or |
who has been either convicted of or adjudicated a delinquent |
based
upon a violation of the Cannabis Control Act, the |
Illinois Controlled
Substances Act, or the Methamphetamine |
Control and Community Protection Act while that individual was |
in actual physical control of a motor
vehicle. For purposes of |
this Section, any person placed on probation under
Section 10 |
of the Cannabis Control Act, Section 410 of the Illinois
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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
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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.
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(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.
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(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.
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(f) No graduated driver's license holder under the age of |
18 shall operate a
motor vehicle unless each driver and |
passenger under the
age of 19 is wearing a properly adjusted |
and fastened seat safety belt and each child under the age of 8 |
is protected as required under the Child Passenger Protection |
Act.
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(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
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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.
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(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239, |
eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; revised |
8-19-05.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |