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Public Act 097-0829
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| HB5101 Enrolled | LRB097 17141 HEP 62339 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 6-500 and by adding Sections 6-526 and 6-527 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 |
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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 |
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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 |
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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 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 |
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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 |
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individual who applies to a state to obtain, transfer, upgrade, |
or renew a CDL.
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(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
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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 |
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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 |
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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
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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 |
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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. |
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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 |
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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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(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
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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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(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. |
(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; |
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(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.)
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(625 ILCS 5/6-526 new) |
Sec. 6-526. Prohibition against texting. |
(a) A driver may not engage in texting while driving a |
commercial motor vehicle. |
(b) A motor carrier may not allow or require its drivers to |
engage in texting while driving a commercial motor vehicle. |
(c) For the purpose of this Section, when a person is |
operating a commercial motor vehicle, driving means operating a |
commercial motor vehicle on a highway, including while |
temporarily stationary because of traffic, a traffic control |
device, or other momentary delays. Driving does not include |
operating a commercial motor vehicle when the driver has moved |
the vehicle to the side of, or off, a highway and has halted in |
a location where the vehicle can safely remain stationary. |
(d) Texting while driving is permissible by a driver of a |
commercial motor vehicle when necessary to communicate with law |
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enforcement officials or other emergency services.
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(625 ILCS 5/6-527 new) |
Sec. 6-527. Using a hand-held mobile telephone. |
(a) A driver may not use a hand-held mobile telephone while |
driving a commercial motor vehicle. |
(b) A motor carrier may not allow or require its drivers to |
use a hand-held mobile telephone while driving a commercial |
motor vehicle. |
(c) For the purpose of this Section, driving means |
operating a commercial motor vehicle on a highway, including |
while temporarily stationary because of traffic, a traffic |
control device, or other momentary delays. Driving does not |
include operating a commercial motor vehicle when the driver |
has moved the vehicle to the side of, or off, a highway and has |
halted in a location where the vehicle can safely remain |
stationary. |
(d) Using a hand-held mobile telephone is permissible by a |
driver of a commercial motor vehicle when necessary to |
communicate with law enforcement officials or other emergency |
services.
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