Public Act 90-0386 of the 90th General Assembly

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Public Act 90-0386

HB0995 Enrolled                               LRB9002874NTsbA

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Section 6-507.

    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 6-507 as follows:

    (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
    Sec. 6-507.  Commercial Driver's License (CDL) Required.
    (a)  Except as expressly permitted by this UCDLA, or when
driving  pursuant  to  the  issuance  of  a commercial 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  unless  the  person
has been issued, and is in the immediate possession of, a CDL
bearing   all  applicable  endorsements  valid  for  type  or
classification of the commercial vehicle being driven.
    (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
    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  an  "out  of
    service"  order  and  while  transporting  passengers  or
    hazardous  materials.   Any  person who has been issued a
    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.
    (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; as long as such  movement  is
not  over  150 air miles from the originating farm.  However,
This waiver does not apply to the driver of any truck-tractor
semitrailer combination(s) nor to the  driver  of  any  other
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.
    (d)  Any  person  convicted  of  violating  this Section,
shall be guilty of a Class A misdemeanor.
    (e)  Any person convicted of violating paragraph  (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. 89-245, eff. 1-1-96.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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