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Public Act 097-0750 | ||||
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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 6-500 as follows:
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(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
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Sec. 6-500. Definitions of words and phrases. | ||||
Notwithstanding the
definitions set forth elsewhere in this
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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:
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(1) Alcohol. "Alcohol" means any substance containing any | ||||
form of
alcohol, including but not limited to ethanol,
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methanol,
propanol, and
isopropanol.
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(2) Alcohol concentration. "Alcohol concentration" means:
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(A) the number of grams of alcohol per 210 liters of | ||||
breath;
or
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(B) the number of grams of alcohol per 100 milliliters | ||||
of
blood; or
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(C) the number of grams of alcohol per 67 milliliters | ||||
of
urine.
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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.
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(3) (Blank).
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(4) (Blank).
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(5) (Blank).
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(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.
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(A) "Commercial motor vehicle" or "CMV" means
a motor | ||
vehicle used in commerce, except those referred to in | ||
subdivision (B), designed
to transport passengers or | ||
property if:
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(i) 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
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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
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(ii) the vehicle is designed to transport 16 or | ||
more
persons;
or
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(iii) the vehicle is transporting hazardous | ||
materials and
is
required to
be placarded in accordance | ||
with 49 C.F.R. Part 172, subpart F.
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(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:
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(i) recreational vehicles, when operated primarily | ||
for personal use;
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(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
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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
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required to wear military uniforms and are subject to | ||
the Code of Military
Justice); or
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(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
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property or the execution of emergency governmental | ||
functions which are
normally not subject to general | ||
traffic rules and regulations.
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(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.
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(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
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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
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is rebated, suspended or probated.
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(8.5) Day. "Day" means calendar day.
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(9) (Blank).
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(10) (Blank).
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(11) (Blank).
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(12) (Blank).
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(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.
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(13.5) Driver applicant. "Driver applicant" means an | ||
individual who applies to a state to obtain, transfer, upgrade, |
or renew a CDL.
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(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
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owner-operator on a long-term lease shall be considered an | ||
employee.
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(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.
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(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).
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(16.5) Fatality. "Fatality" means the death of a person as | ||
a result of a motor vehicle accident.
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(17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||
sovereign
jurisdiction that does not fall within the definition | ||
of "State".
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(18) (Blank).
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(19) (Blank).
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(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.
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(20.5) Imminent Hazard. "Imminent hazard" means the | ||
existence of a condition 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.
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(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.
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(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. | ||
(22) Motor Vehicle. "Motor vehicle" means every vehicle
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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.
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(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.
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(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-resident CDL. "Non-resident CDL" means a | ||
commercial driver's
license issued by a state 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.
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(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.
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(24) (Blank).
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(25) (Blank).
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(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:
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(A) Section 11-1201, 11-1202, or 11-1425 of this
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Code.
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(B) Any other similar
law or local ordinance of any |
state relating to
railroad-highway grade crossing.
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(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.
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(26) Serious Traffic Violation. "Serious traffic | ||
violation"
means:
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(A) a conviction when operating a commercial motor | ||
vehicle, or when operating a non-CMV while holding a CDL,
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of:
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(i) a violation relating to excessive speeding,
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involving a single speeding charge of 15 miles per hour | ||
or more above the
legal speed limit; or
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(ii) a violation relating to reckless driving; or
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(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
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(iv) a violation of Section 6-501, relating to | ||
having multiple driver's
licenses; or
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(v) a violation of paragraph (a) of Section 6-507, | ||
relating to the
requirement to have a valid CDL; or
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(vi) a violation relating to improper or erratic | ||
traffic lane changes;
or
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(vii) a violation relating to following another |
vehicle too closely; or
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(B) any other similar violation of a law or local
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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.
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(27) State. "State" means a state of the United States, the | ||
District of
Columbia and any province or territory of Canada.
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(28) (Blank).
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(29) (Blank).
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(30) (Blank).
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(31) (Blank).
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(Source: P.A. 97-208, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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