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| [ Senate Amendment 003 ] |
91_SB0276sam001
LRB9103547KSpcam
1 AMENDMENT TO SENATE BILL 276
2 AMENDMENT NO. . Amend Senate Bill 276 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 6-109 and 6-508."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 6-109 and 6-508 as follows:
10 (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
11 Sec. 6-109. Examination of Applicants.
12 (a) The Secretary of State shall examine every applicant
13 for a driver's license or permit who has not been previously
14 licensed as a driver under the laws of this State or any
15 other state or country, or any applicant for renewal of such
16 driver's license or permit when such license or permit has
17 been expired for more than one year. The Secretary of State
18 shall, subject to the provisions of paragraph (c), examine
19 every licensed driver at least every 8 years, and may examine
20 or re-examine any other applicant or licensed driver,
21 provided that during the years 1984 through 1991 those
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1 drivers issued a license for 3 years may be re-examined not
2 less than every 7 years or more than every 10 years.
3 The Secretary of State shall require the testing of the
4 eyesight of any driver's license or permit applicant who has
5 not been previously licensed as a driver under the laws of
6 this State and shall promulgate rules and regulations to
7 provide for the orderly administration of all the provisions
8 of this Section.
9 (b) Except as provided for those applicants in paragraph
10 (c), such examination shall include a test of the applicant's
11 eyesight, his ability to read and understand official traffic
12 control devices, his knowledge of safe driving practices and
13 the traffic laws of this State, and may include an actual
14 demonstration of the applicant's ability to exercise ordinary
15 and reasonable control of the operation of a motor vehicle,
16 and such further physical and mental examination as the
17 Secretary of State finds necessary to determine the
18 applicant's fitness to operate a motor vehicle safely on the
19 highways, except the examination of an applicant 75 years of
20 age or older shall include an actual demonstration of the
21 applicant's ability to exercise ordinary and reasonable
22 control of the operation of a motor vehicle. All portions of
23 written and verbal examinations under this Section, excepting
24 where the English language appears on facsimiles of road
25 signs, may be given in the Spanish language and, at the
26 discretion of the Secretary of State, in any other language
27 as well as in English upon request of the examinee. Deaf
28 persons who are otherwise qualified are not prohibited from
29 being issued a license, other than a commercial driver's
30 license, under this Code.
31 (c) Re-examination for those applicants who at the time
32 of renewing their driver's license possess a driving record
33 devoid of any convictions of traffic violations or evidence
34 of committing an offense for which mandatory revocation would
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1 be required upon conviction pursuant to Section 6-205 at the
2 time of renewal shall be in a manner prescribed by the
3 Secretary in order to determine an applicant's ability to
4 safely operate a motor vehicle, except that every applicant
5 for the renewal of a driver's license who is 75 years of age
6 or older must prove, by an actual demonstration, the
7 applicant's ability to exercise reasonable care in the safe
8 operation of a motor vehicle.
9 (d) In the event the applicant is not ineligible under
10 the provisions of Section 6-103 to receive a driver's
11 license, the Secretary of State shall make provision for
12 giving an examination, either in the county where the
13 applicant resides or at a place adjacent thereto reasonably
14 convenient to the applicant, within not more than 30 days
15 from the date said application is received.
16 (Source: P.A. 89-569, eff. 1-1-97.)
17 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
18 Sec. 6-508. Commercial Driver's License (CDL) -
19 qualification standards.
20 (a) Testing.
21 (1) General. No person shall be issued an original
22 or renewal CDL unless that person is domiciled in this
23 State. The Secretary shall cause to be administered such
24 tests as the Secretary deems necessary to meet the
25 requirements of 49 C.F.R. Part 383, subparts G and H.
26 (2) Third party testing. The Secretary of state
27 may authorize a "third party tester", pursuant to 49
28 C.F.R. Part 383.75, to administer the skills test or
29 tests specified by Federal Highway Administration
30 pursuant to the Commercial Motor Vehicle Safety Act of
31 1986 and any appropriate federal rule.
32 (b) Waiver of Skills Test. The Secretary of State may
33 waive the skills test specified in this Section for a
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1 commercial driver license applicant who meets the
2 requirements of 49 C.F.R. Part 383.77.
3 (c) Limitations on issuance of a CDL. A CDL, or a
4 commercial driver instruction permit, shall not be issued to
5 a person while the person is subject to a disqualification
6 from driving a commercial motor vehicle, or unless otherwise
7 permitted by this Code, while the person's driver's license
8 is suspended, revoked or cancelled in any state, or any
9 territory or province of Canada; nor may a CDL be issued to a
10 person who has a CDL issued by any other state, or foreign
11 jurisdiction, unless the person first surrenders all such
12 licenses. A CDL shall not be issued to a person who does not
13 meet the requirements of 49 CFR 391.41 (b)(11), except for
14 the renewal of a CDL for a person who possesses a CDL prior
15 to the effective date of this amendatory Act of 1999.
16 (d) Commercial driver instruction permit. A commercial
17 driver instruction permit may be issued to any person holding
18 a valid Illinois driver's license if such person successfully
19 passes such tests as the Secretary determines to be
20 necessary. A commercial driver instruction permit shall not
21 be issued to a person who does not meet the requirements of
22 49 CFR 391.41 (b)(11), except for the renewal of a commercial
23 driver instruction permit for a person who possesses a
24 commercial instruction permit prior to the effective date of
25 this amendatory Act of 1999.
26 (Source: P.A. 86-845.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".