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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1825
Introduced 2/25/2005, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/1-115.3 |
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625 ILCS 5/6-204 |
from Ch. 95 1/2, par. 6-204 |
625 ILCS 5/6-205 |
from Ch. 95 1/2, par. 6-205 |
625 ILCS 5/6-206 |
from Ch. 95 1/2, par. 6-206 |
625 ILCS 5/6-206.1 |
from Ch. 95 1/2, par. 6-206.1 |
625 ILCS 5/6-500 |
from Ch. 95 1/2, par. 6-500 |
625 ILCS 5/6-507 |
from Ch. 95 1/2, par. 6-507 |
625 ILCS 5/6-508 |
from Ch. 95 1/2, par. 6-508 |
625 ILCS 5/6-509 |
from Ch. 95 1/2, par. 6-509 |
625 ILCS 5/6-510 |
from Ch. 95 1/2, par. 6-510 |
625 ILCS 5/6-513 |
from Ch. 95 1/2, par. 6-513 |
625 ILCS 5/6-514 |
from Ch. 95 1/2, par. 6-514 |
625 ILCS 5/6-518 |
from Ch. 95 1/2, par. 6-518 |
625 ILCS 5/6-523 |
from Ch. 95 1/2, par. 6-523 |
625 ILCS 5/7-702.1 |
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625 ILCS 5/11-501.8 |
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Amends the Illinois Vehicle Code. Amends the provisions regarding disqualification of Commercial Driver's License (CDL) holders in accordance with federal rules. Effective September 30, 2005.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1825 |
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LRB094 09225 DRH 39459 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 |
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| Sections 1-115.3, 6-204, 6-205, 6-206, 6-206.1, 6-500, 6-507, |
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| 6-508, 6-509, 6-510, 6-513, 6-514, 6-518, 6-523, 7-702.1, and |
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| 11-501.8 as follows:
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| (625 ILCS 5/1-115.3)
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| Sec. 1-115.3. Disqualification. Disqualification means any |
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| of the following 3 actions: |
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| (a) The suspension, revocation, or cancellation of a CDL by |
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| the State or jurisdiction of issuance. |
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| (b) Any withdrawal of a person's privileges to drive a |
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| commercial motor vehicle by a State or other jurisdiction as a |
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| result of a violation of State or local law relating to motor |
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| vehicle traffic control (other than parking, vehicle weight or |
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| vehicle defect violations). |
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| (c) A determination by the Federal Motor Carrier Safety |
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| Administration that a person is not qualified to operate a |
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| commercial motor vehicle under 49 C.F.R Part 391.
A withdrawal |
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| of the privilege to drive a
commercial motor vehicle.
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| (Source: P.A. 90-89, eff. 1-1-98.)
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| (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
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| Sec. 6-204. When Court to forward License and Reports.
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| (a) For the purpose of providing to the Secretary of State |
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| the records
essential to the performance of the Secretary's |
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| duties under this Code to
cancel, revoke or suspend the |
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| driver's license and privilege to drive motor
vehicles of |
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| certain minors adjudicated truant minors in need of |
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| supervision,
addicted, or delinquent and of persons
found |
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| guilty of the criminal offenses or traffic violations
which |
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SB1825 |
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LRB094 09225 DRH 39459 b |
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| this Code recognizes as evidence relating to unfitness to |
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| safely operate
motor vehicles, the following duties are imposed |
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| upon public officials:
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| (1) Whenever any person is convicted of any offense for |
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| which
this
Code makes mandatory the cancellation or |
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| revocation of the driver's
license or permit of such person |
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| by the Secretary of State, the judge of the
court in which |
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| such conviction is had shall require the surrender to the |
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| clerk
of the court of all driver's licenses or permits then |
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| held by the person so
convicted, and the clerk of the court |
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| shall, within 5
10 days thereafter, forward
the same, |
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| together with a report of such conviction, to the |
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| Secretary.
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| (2) Whenever any person is convicted of any offense |
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| under this
Code or
similar offenses under a municipal |
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| ordinance, other than regulations
governing standing, |
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| parking or weights of vehicles, and excepting the
following |
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| enumerated Sections of this Code: Sections 11-1406 |
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| (obstruction
to driver's view or control), 11-1407 |
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| (improper opening of door into
traffic), 11-1410 (coasting |
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| on downgrade), 11-1411 (following fire
apparatus), |
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| 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
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| vehicle which is in unsafe condition or improperly |
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| equipped), 12-201(a)
(daytime lights on motorcycles), |
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| 12-202 (clearance, identification and
side marker lamps), |
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| 12-204 (lamp or flag on projecting load), 12-205
(failure |
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| to display the safety lights required), 12-401 |
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| (restrictions as
to tire equipment), 12-502 (mirrors), |
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| 12-503 (windshields must be
unobstructed and equipped with |
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| wipers), 12-601 (horns and warning
devices), 12-602 |
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| (mufflers, prevention of noise or smoke), 12-603 (seat
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| safety belts), 12-702 (certain vehicles to carry flares or |
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| other warning
devices), 12-703 (vehicles for oiling roads |
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| operated on highways),
12-710 (splash guards and |
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| replacements), 13-101 (safety tests), 15-101
(size, weight |
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| and load), 15-102 (width), 15-103 (height), 15-104 (name
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SB1825 |
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LRB094 09225 DRH 39459 b |
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| and address on second division vehicles), 15-107 (length of |
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| vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), |
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| 15-112 (weights), 15-301
(weights), 15-316 (weights), |
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| 15-318 (weights), and also excepting the following
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| enumerated Sections of the Chicago Municipal Code: |
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| Sections 27-245 (following
fire apparatus), 27-254 |
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| (obstruction of traffic), 27-258 (driving vehicle which
is |
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| in unsafe condition), 27-259 (coasting on downgrade), |
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| 27-264 (use of horns
and signal devices), 27-265 |
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| (obstruction to driver's view or driver mechanism),
27-267 |
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| (dimming of headlights), 27-268 (unattended motor |
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| vehicle), 27-272
(illegal funeral procession), 27-273 |
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| (funeral procession on boulevard), 27-275
(driving freight |
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| hauling vehicles on boulevard), 27-276 (stopping and |
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| standing
of buses or taxicabs), 27-277 (cruising of public |
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| passenger vehicles), 27-305
(parallel parking), 27-306 |
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| (diagonal parking), 27-307 (parking not to obstruct
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| traffic), 27-308 (stopping, standing or parking |
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| regulated), 27-311 (parking
regulations), 27-312 (parking |
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| regulations), 27-313 (parking regulations),
27-314 |
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| (parking regulations), 27-315 (parking regulations), |
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| 27-316 (parking
regulations), 27-317 (parking |
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| regulations), 27-318 (parking regulations),
27-319 |
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| (parking regulations), 27-320 (parking regulations), |
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| 27-321 (parking
regulations), 27-322 (parking |
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| regulations), 27-324 (loading and
unloading at an angle), |
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| 27-333 (wheel and axle loads), 27-334 (load
restrictions in |
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| the downtown district), 27-335 (load restrictions in
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| residential areas), 27-338 (width of vehicles), 27-339 |
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| (height of
vehicles), 27-340 (length of vehicles), 27-352 |
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| (reflectors on trailers),
27-353 (mufflers), 27-354 |
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| (display of plates), 27-355 (display of city
vehicle tax |
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| sticker), 27-357 (identification of vehicles), 27-358
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| (projecting of loads), and also excepting the following |
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| enumerated
paragraphs of Section 2-201 of the Rules and |
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| Regulations of the Illinois
State Toll Highway Authority: |
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SB1825 |
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LRB094 09225 DRH 39459 b |
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| (l) (driving unsafe vehicle on tollway),
(m) (vehicles |
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| transporting dangerous cargo not properly indicated), it
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| shall be the duty of the clerk of the court in which such |
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| conviction is
had within 10 days thereafter to forward to |
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| the Secretary of State a report of
the conviction and the |
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| court may recommend the suspension of the driver's
license |
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| or permit of the person so convicted.
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| The reporting requirements of this subsection shall apply |
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| to all
violations stated in paragraphs (1) and (2) of this
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| subsection when the
individual has been adjudicated under the |
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| Juvenile Court Act or the
Juvenile Court Act of 1987. Such |
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| reporting requirements shall also apply to
individuals |
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| adjudicated under the Juvenile Court Act or the Juvenile Court |
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| Act
of 1987 who have committed a violation of Section 11-501 of |
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| this Code, or
similar provision of a local ordinance, or |
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| Section 9-3 of the Criminal Code
of 1961, as amended, relating |
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| to the offense of reckless homicide.
The reporting requirements |
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| of this subsection shall also apply to
a truant minor in need |
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| of supervision, an addicted
minor, or a delinquent minor and |
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| whose driver's license and privilege to
drive a motor vehicle |
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| has been ordered suspended for such times as determined
by the |
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| Court, but only until he or she attains
18 years of age. It |
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| shall be the duty of the clerk of the court in which
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| adjudication is had within 5
10 days thereafter to forward to |
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| the Secretary of
State a report of the adjudication and the |
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| court order requiring the Secretary
of State to suspend the |
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| minor's driver's license and driving privilege for such
time as |
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| determined by the Court, but only until he or she attains the |
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| age of 18
years. All juvenile court dispositions reported to |
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| the Secretary of State
under this provision shall be processed |
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| by the Secretary of State as if the
cases had been adjudicated |
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| in traffic or criminal court. However, information
reported |
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| relative to the offense of reckless homicide, or Section 11-501 |
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| of
this Code, or a similar provision of a local ordinance, |
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| shall be privileged
and available only to the Secretary of |
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| State, courts, and police officers.
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SB1825 |
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LRB094 09225 DRH 39459 b |
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| The reporting requirements of this subsection (a) |
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| apply to all violations listed in paragraphs (1) and (2) of |
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| this subsection (a), excluding parking violations, when |
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| the driver holds a CDL, regardless of the type of vehicle |
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| in which the violation occurred, or when any driver |
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| committed the violation in a commercial motor vehicle as |
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| defined in Section 6-500 of this Code.
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| (3) Whenever an order is entered vacating the |
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| forfeiture of any
bail,
security or bond given to secure |
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| appearance for any offense under this
Code or similar |
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| offenses under municipal ordinance, it shall be the duty
of |
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| the clerk of the court in which such vacation was had or |
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| the judge of
such court if such court has no clerk, within |
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| 5
10 days thereafter to
forward to the Secretary of State a |
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| report of the vacation.
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| (4) A report of any disposition of court supervision |
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| for a
violation of
Sections 6-303, 11-401, 11-501 or a |
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| similar provision of a local ordinance,
11-503 and 11-504 |
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| shall be forwarded to the Secretary of State.
A report of |
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| any disposition of court supervision for a violation of an |
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| offense
defined as a serious traffic violation in this Code |
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| or a similar provision of a
local ordinance committed by a |
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| person under the age of 21 years shall be
forwarded to the |
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| Secretary of State.
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| (5) Reports of conviction
under this Code
and |
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| sentencing hearings under the
Juvenile Court
Act of 1987 in |
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| an electronic format
or a computer processible medium
shall
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| be
forwarded to the Secretary of State via the Supreme |
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| Court in the form and
format required by the Illinois |
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| Supreme Court and established by a written
agreement |
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| between the Supreme Court and the Secretary of State.
In |
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| counties with a population over 300,000, instead of |
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| forwarding reports to
the Supreme Court, reports of |
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| conviction
under this Code
and sentencing hearings under |
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| the
Juvenile Court Act of 1987 in an electronic format
or a |
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| computer processible medium
may
be forwarded to the |
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SB1825 |
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LRB094 09225 DRH 39459 b |
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| Secretary of State by the Circuit Court Clerk in a form and
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| format required by the Secretary of State and established |
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| by written agreement
between the Circuit Court Clerk and |
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| the Secretary of State. Failure to
forward the reports of |
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| conviction or sentencing hearing under the Juvenile
Court |
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| Act of 1987 as required by this Section shall be
deemed an |
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| omission of duty and it shall be the duty of the several |
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| State's
Attorneys to enforce the requirements of this |
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| Section.
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| (b) Whenever a restricted driving permit is forwarded to a |
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| court, as a
result of confiscation by a police officer pursuant |
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| to the authority in
Section 6-113(f), it shall be the duty of |
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| the clerk, or judge, if the court
has no clerk, to forward such |
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| restricted driving permit and a facsimile of
the officer's |
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| citation to the Secretary of State as expeditiously as
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| practicable.
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| (c) For the purposes of this Code, a forfeiture of bail or |
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| collateral
deposited to secure a defendant's appearance in |
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| court when forfeiture
has not been vacated, or the failure of a |
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| defendant to appear for trial
after depositing his driver's |
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| license in lieu of other bail, shall be
equivalent to a |
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| conviction.
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| (d) For the purpose of providing the Secretary of State |
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| with records
necessary to properly monitor and assess driver |
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| performance and assist the
courts in the proper disposition of |
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| repeat traffic law offenders, the clerk
of the court shall |
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| forward to the Secretary of State,
on a form prescribed
by the |
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| Secretary, records of a driver's participation in a driver |
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| remedial
or rehabilitative program which was required, through |
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| a court order or court
supervision, in relation to the driver's |
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| arrest for a violation of Section
11-501 of this Code or a |
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| similar provision of a local ordinance.
The clerk of the court |
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| shall also forward to the Secretary, either on
paper or in an |
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| electronic format or a computer processible medium as required
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| under paragraph (5) of subsection (a) of this Section, any |
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| disposition
of court supervision for any traffic violation,
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LRB094 09225 DRH 39459 b |
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| excluding those offenses listed in paragraph (2)
of subsection |
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| (a) of this Section.
These reports
shall be sent within 5
10
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| days after disposition, or, if
the driver is
referred to a |
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| driver
remedial or rehabilitative program, within 5
10 days of |
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| the driver's referral
to that program.
These reports received |
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| by the Secretary of State, including those required to
be |
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| forwarded under paragraph (a)(4), shall be privileged |
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| information, available
only (i) to the affected driver and (ii) |
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| for use by the courts, police
officers, prosecuting |
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| authorities, and the Secretary of State. In accordance with 49 |
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| C.F.R. Part 384, all reports of court supervision, except |
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| violations related to parking, shall be forwarded to the |
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| Secretary of State for all holders of a CDL or any driver who |
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| commits an offense while driving a commercial motor vehicle. |
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| These reports shall be recorded to the driver's record as a |
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| conviction for use in the disqualification of the driver's |
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| commercial motor vehicle privileges and shall not be privileged |
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| information.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-716, eff. 10-1-00; |
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| 92-458, eff.
8-22-01.)
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| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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| Sec. 6-205. Mandatory revocation of license or permit; |
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| Hardship cases.
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| (a) Except as provided in this Section, the Secretary of |
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| State shall
immediately revoke the license, permit, or driving |
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| privileges of
any driver upon receiving a
report of the |
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| driver's conviction of any of the following offenses:
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| 1. Reckless homicide resulting from the operation of a |
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| motor vehicle;
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| 2. Violation of Section 11-501 of this Code or a |
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| similar provision of
a local ordinance relating to the |
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| offense of operating or being in physical
control of a |
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| vehicle while under the influence of alcohol, other drug or
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| drugs, intoxicating compound or compounds, or any |
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| combination thereof;
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LRB094 09225 DRH 39459 b |
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| 3. Any felony under the laws of any State or the |
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| federal government
in the commission of which a motor |
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| vehicle was used;
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| 4. Violation of Section 11-401 of this Code relating to |
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| the offense of
leaving the scene of a traffic accident |
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| involving death or personal injury;
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| 5. Perjury or the making of a false affidavit or |
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| statement under
oath to the Secretary of State under this |
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| Code or under any
other law relating to the ownership or |
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| operation of motor vehicles;
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| 6. Conviction upon 3 charges of violation of Section |
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| 11-503 of this
Code relating to the offense of reckless |
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| driving committed within a
period of 12 months;
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| 7. Conviction of any offense
defined in
Section 4-102 |
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| of this Code;
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| 8. Violation of Section 11-504 of this Code relating to |
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| the offense
of drag racing;
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| 9. Violation of Chapters 8 and 9 of this Code;
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| 10. Violation of Section 12-5 of the Criminal Code of |
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| 1961 arising from
the use of a motor vehicle;
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| 11. Violation of Section 11-204.1 of this Code relating |
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| to aggravated
fleeing or attempting to elude a peace |
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| officer;
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| 12. Violation of paragraph (1) of subsection (b) of |
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| Section 6-507,
or a similar law of any other state, |
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| relating to the
unlawful operation of a commercial motor |
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| vehicle;
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| 13. Violation of paragraph (a) of Section 11-502 of |
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| this Code or a
similar provision of a local ordinance if |
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| the driver has been previously
convicted of a violation of |
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| that Section or a similar provision of a local
ordinance |
32 |
| and the driver was less than 21 years of age at the time of |
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| the
offense.
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| (b) The Secretary of State shall also immediately revoke |
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| the license
or permit of any driver in the following |
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| situations:
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| 1. Of any minor upon receiving the notice provided for |
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| in Section
5-901 of the Juvenile Court Act of 1987 that the |
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| minor has been
adjudicated under that Act as having |
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| committed an offense relating to
motor vehicles prescribed |
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| in Section 4-103 of this Code;
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| 2. Of any person when any other law of this State |
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| requires either the
revocation or suspension of a license |
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| or permit.
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| (c) Whenever a person is convicted of any of the offenses |
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| enumerated in
this Section, the court may recommend and the |
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| Secretary of State in his
discretion, without regard to whether |
12 |
| the recommendation is made by the
court may, upon application,
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| issue to the person a
restricted driving permit granting the |
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| privilege of driving a motor
vehicle between the petitioner's |
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| residence and petitioner's place
of employment or within the |
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| scope of the petitioner's employment related
duties, or to |
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| allow transportation for the petitioner or a household member
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| of the petitioner's family for the receipt of necessary medical |
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| care or, if
the professional evaluation indicates, provide |
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| transportation for the
petitioner for alcohol remedial or |
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| rehabilitative activity, or for the
petitioner to attend |
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| classes, as a student, in an accredited educational
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| institution; if the petitioner is able to demonstrate that no |
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| alternative means
of transportation is reasonably available |
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| and the petitioner will not endanger
the public safety or |
26 |
| welfare; provided that the Secretary's discretion shall be
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| limited to cases where undue hardship would result from a |
28 |
| failure to issue the
restricted driving permit.
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| If a person's license or permit has been revoked or |
30 |
| suspended due to 2 or
more convictions of violating Section |
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| 11-501 of this Code or a similar
provision of a local ordinance |
32 |
| or a similar out-of-state offense, arising out
of separate |
33 |
| occurrences, that person, if issued a restricted driving |
34 |
| permit,
may not operate a vehicle unless it has been equipped |
35 |
| with an ignition
interlock device as defined in Section |
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| 1-129.1.
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SB1825 |
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LRB094 09225 DRH 39459 b |
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| If a person's license or permit has been revoked or |
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| suspended 2 or more
times within a 10 year period due to a |
3 |
| single conviction of violating Section
11-501 of this Code or a |
4 |
| similar provision of a local ordinance or a similar
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| out-of-state offense, and a statutory summary suspension under |
6 |
| Section
11-501.1, or 2 or more statutory summary suspensions, |
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| or combination of 2
offenses, or of an offense and a statutory |
8 |
| summary suspension, arising out of
separate occurrences, that |
9 |
| person, if issued a restricted
driving permit, may not operate |
10 |
| a vehicle unless it has been equipped with an
ignition |
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| interlock device as defined in Section 1-129.1.
The person must |
12 |
| pay to the Secretary of State DUI Administration Fund an amount
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| not to exceed $20 per month. The Secretary shall establish by |
14 |
| rule the amount
and the procedures, terms, and conditions |
15 |
| relating to these fees.
If the restricted driving permit was |
16 |
| issued for employment purposes, then
this provision does not |
17 |
| apply to the operation of an occupational vehicle
owned or |
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| leased by that person's employer.
In each case the Secretary of |
19 |
| State may issue a
restricted driving permit for a period he |
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| deems appropriate, except that the
permit shall expire within |
21 |
| one year from the date of issuance. The Secretary
may not, |
22 |
| however, issue a restricted driving permit to any person whose |
23 |
| current
revocation is the result of a second or subsequent |
24 |
| conviction for a violation
of Section 11-501 of this Code or a |
25 |
| similar provision of a local ordinance
relating to the offense |
26 |
| of operating or being in physical control of a motor
vehicle |
27 |
| while under the influence of alcohol, other drug or drugs, |
28 |
| intoxicating
compound or compounds, or any similar |
29 |
| out-of-state offense, or any combination
thereof, until the |
30 |
| expiration of at least one year from the date of the
|
31 |
| revocation. A restricted
driving permit issued under this |
32 |
| Section shall be
subject to cancellation, revocation, and |
33 |
| suspension by the Secretary of
State in like manner and for |
34 |
| like cause as a driver's license issued
under this Code may be |
35 |
| cancelled, revoked, or
suspended; except that a conviction upon |
36 |
| one or more offenses against laws or
ordinances regulating the |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| movement of traffic shall be deemed sufficient cause
for the |
2 |
| revocation, suspension, or cancellation of a restricted |
3 |
| driving permit.
The Secretary of State may, as a condition to |
4 |
| the issuance of a restricted
driving permit, require the |
5 |
| applicant to participate in a designated driver
remedial or |
6 |
| rehabilitative program. The Secretary of State is authorized to
|
7 |
| cancel a restricted driving permit if the permit holder does |
8 |
| not successfully
complete the program. However, if an |
9 |
| individual's driving privileges have been
revoked in |
10 |
| accordance with paragraph 13 of subsection (a) of this Section, |
11 |
| no
restricted driving permit shall be issued until the |
12 |
| individual has served 6
months of the revocation period.
|
13 |
| (d) Whenever a person under the age of 21 is convicted |
14 |
| under Section
11-501 of this Code or a similar provision of a |
15 |
| local ordinance, the
Secretary of State shall revoke the |
16 |
| driving privileges of that person. One
year after the date of |
17 |
| revocation, and upon application, the Secretary of
State may, |
18 |
| if satisfied that the person applying will not endanger the
|
19 |
| public safety or welfare, issue a restricted driving permit |
20 |
| granting the
privilege of driving a motor vehicle only between |
21 |
| the hours of 5 a.m. and 9
p.m. or as otherwise provided by this |
22 |
| Section for a period of one year.
After this one year period, |
23 |
| and upon reapplication for a license as
provided in Section |
24 |
| 6-106, upon payment of the appropriate reinstatement
fee |
25 |
| provided under paragraph (b) of Section 6-118, the Secretary of |
26 |
| State,
in his discretion, may
issue the applicant a
license, or |
27 |
| extend the restricted driving permit as many times as the
|
28 |
| Secretary of State deems appropriate, by additional periods of |
29 |
| not more than
12 months each, until the applicant attains 21 |
30 |
| years of age.
|
31 |
| If a person's license or permit has been revoked or |
32 |
| suspended due to 2 or
more convictions of violating Section |
33 |
| 11-501 of this Code or a similar
provision of a local ordinance |
34 |
| or a similar out-of-state offense, arising out
of separate |
35 |
| occurrences, that person, if issued a restricted driving |
36 |
| permit,
may not operate a vehicle unless it has been equipped |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| with an ignition
interlock device as defined in Section |
2 |
| 1-129.1.
|
3 |
| If a person's license or permit has been revoked or |
4 |
| suspended 2 or more times
within a 10 year period due to a |
5 |
| single conviction of violating Section 11-501
of this
Code or a |
6 |
| similar provision of a local ordinance or a similar |
7 |
| out-of-state
offense, and
a statutory summary suspension under |
8 |
| Section 11-501.1, or 2 or more statutory
summary
suspensions, |
9 |
| or combination of 2 offenses, or of an offense and a statutory
|
10 |
| summary
suspension, arising out of separate occurrences, that |
11 |
| person, if issued a
restricted
driving permit, may not operate |
12 |
| a vehicle unless it has been equipped with an
ignition |
13 |
| interlock device as defined in Section 1-129.1.
The person must |
14 |
| pay to the Secretary of State DUI Administration Fund an amount
|
15 |
| not to exceed $20 per month. The Secretary shall establish by |
16 |
| rule the amount
and the procedures, terms, and conditions |
17 |
| relating to these fees.
If the restricted driving permit was |
18 |
| issued for employment purposes, then
this provision does not |
19 |
| apply to the operation of an occupational vehicle
owned or |
20 |
| leased by that person's employer. A
restricted driving permit |
21 |
| issued under this Section shall be subject to
cancellation, |
22 |
| revocation, and suspension by the Secretary of State in like
|
23 |
| manner and for like cause as a driver's license issued under |
24 |
| this Code may be
cancelled, revoked, or suspended; except that |
25 |
| a conviction upon one or more
offenses against laws or |
26 |
| ordinances regulating the movement of traffic
shall be deemed |
27 |
| sufficient cause for the revocation, suspension, or
|
28 |
| cancellation of a restricted driving permit.
The revocation |
29 |
| periods contained in this subparagraph shall apply to similar
|
30 |
| out-of-state convictions.
|
31 |
| (e) This Section is subject to the provisions of the Driver |
32 |
| License
Compact.
|
33 |
| (f) Any revocation imposed upon any person under |
34 |
| subsections 2
and 3 of paragraph (b) that is in effect on |
35 |
| December 31, 1988 shall be
converted to a suspension for a like |
36 |
| period of time.
|
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| (g) The Secretary of State shall not issue a restricted |
2 |
| driving permit to
a person under the age of 16 years whose |
3 |
| driving privileges have been revoked
under any provisions of |
4 |
| this Code.
|
5 |
| (h) The Secretary of State shall require the use of |
6 |
| ignition interlock
devices on all vehicles owned by an |
7 |
| individual who has been convicted of a
second or subsequent |
8 |
| offense under Section 11-501 of this Code or a similar
|
9 |
| provision of a local ordinance. The Secretary shall establish |
10 |
| by rule and
regulation the procedures for certification and use |
11 |
| of the interlock
system.
|
12 |
| (i) The Secretary of State may not issue a restricted |
13 |
| driving permit for
a period of one year after a second or |
14 |
| subsequent revocation of driving
privileges under clause |
15 |
| (a)(2) of this Section; however, one
year after the date of a |
16 |
| second or subsequent revocation of driving privileges
under |
17 |
| clause (a)(2) of this Section, the Secretary of State may,
upon |
18 |
| application, issue a restricted driving permit under the terms |
19 |
| and
conditions of subsection (c).
|
20 |
| (j) In accordance with 49 C.F.R. 384, the Secretary of |
21 |
| State may not issue a restricted driving permit for the |
22 |
| operation of a commercial motor vehicle to a person holding a |
23 |
| CDL whose driving privileges have been revoked under any |
24 |
| provisions of this Code.
|
25 |
| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; |
26 |
| 92-651, eff.
7-11-02; 92-834, eff. 8-22-02; 93-120, eff. |
27 |
| 1-1-04.)
|
28 |
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
|
29 |
| Sec. 6-206. Discretionary authority to suspend or revoke |
30 |
| license or
permit; Right to a hearing.
|
31 |
| (a) The Secretary of State is authorized to suspend or |
32 |
| revoke the
driving privileges of any person without preliminary |
33 |
| hearing upon a showing
of the person's records or other |
34 |
| sufficient evidence that
the person:
|
35 |
| 1. Has committed an offense for which mandatory |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| revocation of
a driver's license or permit is required upon |
2 |
| conviction;
|
3 |
| 2. Has been convicted of not less than 3 offenses |
4 |
| against traffic
regulations governing the movement of |
5 |
| vehicles committed within any 12
month period. No |
6 |
| revocation or suspension shall be entered more than
6 |
7 |
| months after the date of last conviction;
|
8 |
| 3. Has been repeatedly involved as a driver in motor |
9 |
| vehicle
collisions or has been repeatedly convicted of |
10 |
| offenses against laws and
ordinances regulating the |
11 |
| movement of traffic, to a degree that
indicates lack of |
12 |
| ability to exercise ordinary and reasonable care in
the |
13 |
| safe operation of a motor vehicle or disrespect for the |
14 |
| traffic laws
and the safety of other persons upon the |
15 |
| highway;
|
16 |
| 4. Has by the unlawful operation of a motor vehicle |
17 |
| caused or
contributed to an accident resulting in death or |
18 |
| injury requiring
immediate professional treatment in a |
19 |
| medical facility or doctor's office
to any person, except |
20 |
| that any suspension or revocation imposed by the
Secretary |
21 |
| of State under the provisions of this subsection shall |
22 |
| start no
later than 6 months after being convicted of |
23 |
| violating a law or
ordinance regulating the movement of |
24 |
| traffic, which violation is related
to the accident, or |
25 |
| shall start not more than one year
after
the date of the |
26 |
| accident, whichever date occurs later;
|
27 |
| 5. Has permitted an unlawful or fraudulent use of a |
28 |
| driver's
license, identification card, or permit;
|
29 |
| 6. Has been lawfully convicted of an offense or |
30 |
| offenses in another
state, including the authorization |
31 |
| contained in Section 6-203.1, which
if committed within |
32 |
| this State would be grounds for suspension or revocation;
|
33 |
| 7. Has refused or failed to submit to an examination |
34 |
| provided for by
Section 6-207 or has failed to pass the |
35 |
| examination;
|
36 |
| 8. Is ineligible for a driver's license or permit under |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| the provisions
of Section 6-103;
|
2 |
| 9. Has made a false statement or knowingly concealed a |
3 |
| material fact
or has used false information or |
4 |
| identification in any application for a
license, |
5 |
| identification card, or permit;
|
6 |
| 10. Has possessed, displayed, or attempted to |
7 |
| fraudulently use any
license, identification card, or |
8 |
| permit not issued to the person;
|
9 |
| 11. Has operated a motor vehicle upon a highway of this |
10 |
| State when
the person's driving privilege or privilege to |
11 |
| obtain a driver's license
or permit was revoked or |
12 |
| suspended unless the operation was authorized by
a judicial |
13 |
| driving permit, probationary license to drive, or a |
14 |
| restricted
driving permit issued under this Code;
|
15 |
| 12. Has submitted to any portion of the application |
16 |
| process for
another person or has obtained the services of |
17 |
| another person to submit to
any portion of the application |
18 |
| process for the purpose of obtaining a
license, |
19 |
| identification card, or permit for some other person;
|
20 |
| 13. Has operated a motor vehicle upon a highway of this |
21 |
| State when
the person's driver's license or permit was |
22 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
|
23 |
| 14. Has committed a violation of Section 6-301, |
24 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
25 |
| of the Illinois Identification Card
Act;
|
26 |
| 15. Has been convicted of violating Section 21-2 of the |
27 |
| Criminal Code
of 1961 relating to criminal trespass to |
28 |
| vehicles in which case, the suspension
shall be for one |
29 |
| year;
|
30 |
| 16. Has been convicted of violating Section 11-204 of |
31 |
| this Code relating
to fleeing from a peace officer;
|
32 |
| 17. Has refused to submit to a test, or tests, as |
33 |
| required under Section
11-501.1 of this Code and the person |
34 |
| has not sought a hearing as
provided for in Section |
35 |
| 11-501.1;
|
36 |
| 18. Has, since issuance of a driver's license or |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| permit, been adjudged
to be afflicted with or suffering |
2 |
| from any mental disability or disease;
|
3 |
| 19. Has committed a violation of paragraph (a) or (b) |
4 |
| of Section 6-101
relating to driving without a driver's |
5 |
| license;
|
6 |
| 20. Has been convicted of violating Section 6-104 |
7 |
| relating to
classification of driver's license;
|
8 |
| 21. Has been convicted of violating Section 11-402 of
|
9 |
| this Code relating to leaving the scene of an accident |
10 |
| resulting in damage
to a vehicle in excess of $1,000, in |
11 |
| which case the suspension shall be
for one year;
|
12 |
| 22. Has used a motor vehicle in violating paragraph |
13 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
14 |
| the Criminal Code of 1961 relating
to unlawful use of |
15 |
| weapons, in which case the suspension shall be for one
|
16 |
| year;
|
17 |
| 23. Has, as a driver, been convicted of committing a |
18 |
| violation of
paragraph (a) of Section 11-502 of this Code |
19 |
| for a second or subsequent
time within one year of a |
20 |
| similar violation;
|
21 |
| 24. Has been convicted by a court-martial or punished |
22 |
| by non-judicial
punishment by military authorities of the |
23 |
| United States at a military
installation in Illinois of or |
24 |
| for a traffic related offense that is the
same as or |
25 |
| similar to an offense specified under Section 6-205 or |
26 |
| 6-206 of
this Code;
|
27 |
| 25. Has permitted any form of identification to be used |
28 |
| by another in
the application process in order to obtain or |
29 |
| attempt to obtain a license,
identification card, or |
30 |
| permit;
|
31 |
| 26. Has altered or attempted to alter a license or has |
32 |
| possessed an
altered license, identification card, or |
33 |
| permit;
|
34 |
| 27. Has violated Section 6-16 of the Liquor Control Act |
35 |
| of 1934;
|
36 |
| 28. Has been convicted of the illegal possession, while |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| operating or
in actual physical control, as a driver, of a |
2 |
| motor vehicle, of any
controlled substance prohibited |
3 |
| under the Illinois Controlled Substances
Act or any |
4 |
| cannabis prohibited under the provisions of the Cannabis |
5 |
| Control
Act, in which case the person's driving privileges |
6 |
| shall be suspended for
one year, and any driver who is |
7 |
| convicted of a second or subsequent
offense, within 5 years |
8 |
| of a previous conviction, for the illegal
possession, while |
9 |
| operating or in actual physical control, as a driver, of
a |
10 |
| motor vehicle, of any controlled substance prohibited |
11 |
| under the
provisions of the Illinois Controlled Substances |
12 |
| Act or any cannabis
prohibited under the Cannabis Control |
13 |
| Act shall be suspended for 5 years.
Any defendant found |
14 |
| guilty of this offense while operating a motor vehicle,
|
15 |
| shall have an entry made in the court record by the |
16 |
| presiding judge that
this offense did occur while the |
17 |
| defendant was operating a motor vehicle
and order the clerk |
18 |
| of the court to report the violation to the Secretary
of |
19 |
| State;
|
20 |
| 29. Has been convicted of the following offenses that |
21 |
| were committed
while the person was operating or in actual |
22 |
| physical control, as a driver,
of a motor vehicle: criminal |
23 |
| sexual assault,
predatory criminal sexual assault of a |
24 |
| child,
aggravated criminal sexual
assault, criminal sexual |
25 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, |
26 |
| soliciting for a juvenile prostitute and the manufacture, |
27 |
| sale or
delivery of controlled substances or instruments |
28 |
| used for illegal drug use
or abuse in which case the |
29 |
| driver's driving privileges shall be suspended
for one |
30 |
| year;
|
31 |
| 30. Has been convicted a second or subsequent time for |
32 |
| any
combination of the offenses named in paragraph 29 of |
33 |
| this subsection,
in which case the person's driving |
34 |
| privileges shall be suspended for 5
years;
|
35 |
| 31. Has refused to submit to a test as
required by |
36 |
| Section 11-501.6 or has submitted to a test resulting in
an |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| alcohol concentration of 0.08 or more or any amount of a |
2 |
| drug, substance, or
compound resulting from the unlawful |
3 |
| use or consumption of cannabis as listed
in the Cannabis |
4 |
| Control Act, a controlled substance as listed in the |
5 |
| Illinois
Controlled Substances Act, or an intoxicating |
6 |
| compound as listed in the Use of
Intoxicating Compounds |
7 |
| Act, in which case the penalty shall be
as prescribed in |
8 |
| Section 6-208.1;
|
9 |
| 32. Has been convicted of Section 24-1.2 of the |
10 |
| Criminal Code of
1961 relating to the aggravated discharge |
11 |
| of a firearm if the offender was
located in a motor vehicle |
12 |
| at the time the firearm was discharged, in which
case the |
13 |
| suspension shall be for 3 years;
|
14 |
| 33. Has as a driver, who was less than 21 years of age |
15 |
| on the date of
the offense, been convicted a first time of |
16 |
| a violation of paragraph (a) of
Section 11-502 of this Code |
17 |
| or a similar provision of a local ordinance;
|
18 |
| 34. Has committed a violation of Section 11-1301.5 of |
19 |
| this Code;
|
20 |
| 35. Has committed a violation of Section 11-1301.6 of |
21 |
| this Code;
|
22 |
| 36. Is under the age of 21 years at the time of arrest |
23 |
| and has been
convicted of not less than 2 offenses against |
24 |
| traffic regulations governing
the movement of vehicles |
25 |
| committed within any 24 month period. No revocation
or |
26 |
| suspension shall be entered more than 6 months after the |
27 |
| date of last
conviction;
|
28 |
| 37. Has committed a violation of subsection (c) of |
29 |
| Section 11-907 of this
Code;
|
30 |
| 38. Has been convicted of a violation of Section 6-20 |
31 |
| of the Liquor
Control Act of 1934 or a similar provision of |
32 |
| a local ordinance;
|
33 |
| 39. Has committed a second or subsequent violation of |
34 |
| Section
11-1201 of this Code; or
|
35 |
| 40. Has committed a violation of subsection (a-1) of |
36 |
| Section 11-908 of
this Code ; or . |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| 41.
40. Has committed a second or subsequent violation |
2 |
| of Section 11-605.1 of this Code within 2 years of the date |
3 |
| of the previous violation, in which case the suspension |
4 |
| shall be for 90 days. |
5 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
6 |
| and 27 of this
subsection, license means any driver's license, |
7 |
| any traffic ticket issued when
the person's driver's license is |
8 |
| deposited in lieu of bail, a suspension
notice issued by the |
9 |
| Secretary of State, a duplicate or corrected driver's
license, |
10 |
| a probationary driver's license or a temporary driver's |
11 |
| license.
|
12 |
| (b) If any conviction forming the basis of a suspension or
|
13 |
| revocation authorized under this Section is appealed, the
|
14 |
| Secretary of State may rescind or withhold the entry of the |
15 |
| order of suspension
or revocation, as the case may be, provided |
16 |
| that a certified copy of a stay
order of a court is filed with |
17 |
| the Secretary of State. If the conviction is
affirmed on |
18 |
| appeal, the date of the conviction shall relate back to the |
19 |
| time
the original judgment of conviction was entered and the 6 |
20 |
| month limitation
prescribed shall not apply.
|
21 |
| (c) 1. Upon suspending or revoking the driver's license or |
22 |
| permit of
any person as authorized in this Section, the |
23 |
| Secretary of State shall
immediately notify the person in |
24 |
| writing of the revocation or suspension.
The notice to be |
25 |
| deposited in the United States mail, postage prepaid,
to |
26 |
| the last known address of the person.
|
27 |
| 2. If the Secretary of State suspends the driver's |
28 |
| license
of a person under subsection 2 of paragraph (a) of |
29 |
| this Section, a
person's privilege to operate a vehicle as |
30 |
| an occupation shall not be
suspended, provided an affidavit |
31 |
| is properly completed, the appropriate fee
received, and a |
32 |
| permit issued prior to the effective date of the
|
33 |
| suspension, unless 5 offenses were committed, at least 2 of |
34 |
| which occurred
while operating a commercial vehicle in |
35 |
| connection with the driver's
regular occupation. All other |
36 |
| driving privileges shall be suspended by the
Secretary of |
|
|
|
SB1825 |
- 20 - |
LRB094 09225 DRH 39459 b |
|
|
1 |
| State. Any driver prior to operating a vehicle for
|
2 |
| occupational purposes only must submit the affidavit on |
3 |
| forms to be
provided by the Secretary of State setting |
4 |
| forth the facts of the person's
occupation. The affidavit |
5 |
| shall also state the number of offenses
committed while |
6 |
| operating a vehicle in connection with the driver's regular
|
7 |
| occupation. The affidavit shall be accompanied by the |
8 |
| driver's license.
Upon receipt of a properly completed |
9 |
| affidavit, the Secretary of State
shall issue the driver a |
10 |
| permit to operate a vehicle in connection with the
driver's |
11 |
| regular occupation only. Unless the permit is issued by the
|
12 |
| Secretary of State prior to the date of suspension, the |
13 |
| privilege to drive
any motor vehicle shall be suspended as |
14 |
| set forth in the notice that was
mailed under this Section. |
15 |
| If an affidavit is received subsequent to the
effective |
16 |
| date of this suspension, a permit may be issued for the |
17 |
| remainder
of the suspension period.
|
18 |
| The provisions of this subparagraph shall not apply to |
19 |
| any driver
required to possess a CDL for the purpose of |
20 |
| operating a commercial motor vehicle
obtain a commercial |
21 |
| driver's license under Section 6-507 during
the period of a |
22 |
| disqualification of commercial driving privileges under
|
23 |
| Section 6-514 .
|
24 |
| Any person who falsely states any fact in the affidavit |
25 |
| required
herein shall be guilty of perjury under Section |
26 |
| 6-302 and upon conviction
thereof shall have all driving |
27 |
| privileges revoked without further rights.
|
28 |
| 3. At the conclusion of a hearing under Section 2-118 |
29 |
| of this Code,
the Secretary of State shall either rescind |
30 |
| or continue an order of
revocation or shall substitute an |
31 |
| order of suspension; or, good
cause appearing therefor, |
32 |
| rescind, continue, change, or extend the
order of |
33 |
| suspension. If the Secretary of State does not rescind the |
34 |
| order,
the Secretary may upon application,
to relieve undue |
35 |
| hardship, issue
a restricted driving permit granting the |
36 |
| privilege of driving a motor
vehicle between the |
|
|
|
SB1825 |
- 21 - |
LRB094 09225 DRH 39459 b |
|
|
1 |
| petitioner's residence and petitioner's place of
|
2 |
| employment or within the scope of his employment related |
3 |
| duties, or to
allow transportation for the petitioner, or a |
4 |
| household member of the
petitioner's family, to receive |
5 |
| necessary medical care and if the
professional evaluation |
6 |
| indicates, provide transportation for alcohol
remedial or |
7 |
| rehabilitative activity, or for the petitioner to attend
|
8 |
| classes, as a student, in an accredited educational |
9 |
| institution; if the
petitioner is able to demonstrate that |
10 |
| no alternative means of
transportation is reasonably |
11 |
| available and the petitioner will not endanger
the public |
12 |
| safety or welfare.
|
13 |
| If a person's license or permit has been revoked or |
14 |
| suspended due to 2
or more convictions of violating Section |
15 |
| 11-501 of this Code or a similar
provision of a local |
16 |
| ordinance or a similar out-of-state offense, arising out
of |
17 |
| separate occurrences, that person, if issued a restricted |
18 |
| driving permit,
may not operate a vehicle unless it has |
19 |
| been equipped with an ignition
interlock device as defined |
20 |
| in Section 1-129.1.
|
21 |
| If a person's license or permit has been revoked or |
22 |
| suspended 2 or more
times within a 10 year period due to a |
23 |
| single conviction of violating Section
11-501 of this Code |
24 |
| or a similar provision of a local ordinance or a similar
|
25 |
| out-of-state offense, and a statutory summary suspension |
26 |
| under Section
11-501.1, or 2 or more statutory summary |
27 |
| suspensions, or combination of 2
offenses, or of an offense |
28 |
| and a statutory summary suspension, arising out of
separate |
29 |
| occurrences, that person, if issued a restricted driving |
30 |
| permit, may
not operate a vehicle unless it has been
|
31 |
| equipped with an ignition interlock device as defined in |
32 |
| Section 1-129.1.
The person must pay to the Secretary of |
33 |
| State DUI Administration Fund an amount
not to exceed $20 |
34 |
| per month. The Secretary shall establish by rule the amount
|
35 |
| and the procedures, terms, and conditions relating to these |
36 |
| fees. If the
restricted driving permit was issued for |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| employment purposes, then this
provision does not apply to |
2 |
| the operation of an occupational vehicle owned or
leased by |
3 |
| that person's employer. In each case the Secretary may |
4 |
| issue a
restricted driving permit for a period deemed |
5 |
| appropriate, except that all
permits shall expire within |
6 |
| one year from the date of issuance. The Secretary
may not, |
7 |
| however, issue a restricted driving permit to any person |
8 |
| whose current
revocation is the result of a second or |
9 |
| subsequent conviction for a violation
of Section 11-501 of |
10 |
| this Code or a similar provision of a local ordinance
|
11 |
| relating to the offense of operating or being in physical |
12 |
| control of a motor
vehicle while under the influence of |
13 |
| alcohol, other drug or drugs, intoxicating
compound or |
14 |
| compounds, or any similar out-of-state offense, or any |
15 |
| combination
of those offenses, until the expiration of at |
16 |
| least one year from the date of
the revocation. A
|
17 |
| restricted driving permit issued under this Section shall |
18 |
| be subject to
cancellation, revocation, and suspension by |
19 |
| the Secretary of State in like
manner and for like cause as |
20 |
| a driver's license issued under this Code may be
cancelled, |
21 |
| revoked, or suspended; except that a conviction upon one or |
22 |
| more
offenses against laws or ordinances regulating the |
23 |
| movement of traffic
shall be deemed sufficient cause for |
24 |
| the revocation, suspension, or
cancellation of a |
25 |
| restricted driving permit. The Secretary of State may, as
a |
26 |
| condition to the issuance of a restricted driving permit, |
27 |
| require the
applicant to participate in a designated driver |
28 |
| remedial or rehabilitative
program. The Secretary of State |
29 |
| is authorized to cancel a restricted
driving permit if the |
30 |
| permit holder does not successfully complete the program.
|
31 |
| (c-5) The Secretary of State may, as a condition of the |
32 |
| reissuance of a
driver's license or permit to an applicant |
33 |
| whose driver's license or permit has
been suspended before he |
34 |
| or she reached the age of 18 years pursuant to any of
the |
35 |
| provisions of this Section, require the applicant to |
36 |
| participate in a
driver remedial education course and be |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| retested under Section 6-109 of this
Code.
|
2 |
| (d) This Section is subject to the provisions of the |
3 |
| Drivers License
Compact.
|
4 |
| (e) The Secretary of State shall not issue a restricted |
5 |
| driving permit to
a person under the age of 16 years whose |
6 |
| driving privileges have been suspended
or revoked under any |
7 |
| provisions of this Code.
|
8 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of |
9 |
| State may not issue a restricted driving permit for the |
10 |
| operation of a commercial motor vehicle to a person holding a |
11 |
| CDL whose driving privileges have been revoked under any |
12 |
| provisions of this Code.
|
13 |
| (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; |
14 |
| 92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. |
15 |
| 1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04; 93-667, eff. |
16 |
| 3-19-04; 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; revised |
17 |
| 10-22-04.)
|
18 |
| (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
|
19 |
| Sec. 6-206.1. Judicial Driving Permit. Declaration of |
20 |
| Policy. It is hereby declared a policy of the
State of Illinois |
21 |
| that the driver who is impaired by alcohol, other drug or
|
22 |
| drugs, or intoxicating compound or compounds is a
threat to the |
23 |
| public safety and welfare. Therefore, to
provide a deterrent to |
24 |
| such practice and to remove problem drivers from
the highway, a |
25 |
| statutory summary driver's license suspension is appropriate.
|
26 |
| It is also recognized that driving is a privilege and |
27 |
| therefore, that in some
cases the granting of limited driving |
28 |
| privileges, where consistent with public
safety, is warranted |
29 |
| during the period of suspension in the form of a judicial
|
30 |
| driving permit to drive for the purpose of employment, |
31 |
| receiving drug treatment
or medical care, and educational |
32 |
| pursuits, where no alternative means of
transportation is |
33 |
| available.
|
34 |
| The following procedures shall apply whenever
a first |
35 |
| offender is arrested for any offense as defined in Section |
|
|
|
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LRB094 09225 DRH 39459 b |
|
|
1 |
| 11-501
or a similar provision of a local ordinance:
|
2 |
| (a) Subsequent to a notification of a statutory summary |
3 |
| suspension of
driving privileges as provided in Section |
4 |
| 11-501.1, the first offender as
defined in Section 11-500 may |
5 |
| petition the circuit court of venue for a
Judicial Driving |
6 |
| Permit, hereinafter referred as a JDP, to relieve undue
|
7 |
| hardship. The court may issue a court order, pursuant to the |
8 |
| criteria
contained in this Section, directing the Secretary of |
9 |
| State to issue such
a JDP to the petitioner. A JDP shall not |
10 |
| become effective prior to the 31st
day of the original |
11 |
| statutory summary suspension and shall always be
subject to the |
12 |
| following criteria:
|
13 |
| 1. If ordered for the purposes of employment, the JDP |
14 |
| shall be only for
the purpose of providing the petitioner |
15 |
| the privilege of driving a motor
vehicle between the |
16 |
| petitioner's residence and the petitioner's place of
|
17 |
| employment and return; or within the scope of the |
18 |
| petitioner's employment
related duties, shall be effective |
19 |
| only during and limited to
those specific times and routes |
20 |
| actually
required to commute or perform the petitioner's |
21 |
| employment related duties.
|
22 |
| 2. The court, by a court order, may also direct the |
23 |
| Secretary
of State to issue a JDP to allow transportation |
24 |
| for the petitioner,
or a household member of the |
25 |
| petitioner's family, to receive alcohol, drug, or |
26 |
| intoxicating compound treatment or medical care, if the
|
27 |
| petitioner is able to
demonstrate that no alternative means |
28 |
| of transportation is reasonably
available. Such JDP shall |
29 |
| be effective only during the specific
times actually |
30 |
| required to commute.
|
31 |
| 3. The court, by a court order, may also direct the |
32 |
| Secretary of State
to issue a JDP to allow transportation |
33 |
| by the petitioner for educational
purposes upon |
34 |
| demonstrating that there are no alternative means of
|
35 |
| transportation reasonably available to accomplish those |
36 |
| educational
purposes. Such JDP shall be only for the |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| purpose of providing
transportation to and from the |
2 |
| petitioner's residence and the petitioner's
place of |
3 |
| educational activity, and only during the specific times |
4 |
| and
routes actually required to commute or perform the |
5 |
| petitioner's educational
requirement.
|
6 |
| 4. The Court shall not issue an order granting a JDP |
7 |
| to:
|
8 |
| (i) Any person unless and until the court, after
|
9 |
| considering the results of a current professional |
10 |
| evaluation of the person's
alcohol or other drug use by |
11 |
| an agency pursuant to Section 15-10 of the
Alcoholism |
12 |
| and Other Drug Abuse and
Dependency Act and other |
13 |
| appropriate investigation of the
person, is satisfied |
14 |
| that granting the privilege of
driving a motor vehicle |
15 |
| on the highways will not endanger the public safety or
|
16 |
| welfare.
|
17 |
| (ii) Any person who has been convicted of reckless |
18 |
| homicide within
the previous 5 years.
|
19 |
| (iii) Any person whose privilege to operate a motor |
20 |
| vehicle
was invalid at the time of arrest for the |
21 |
| current violation of Section 11-501,
or a similar |
22 |
| provision of a local ordinance, except in cases where |
23 |
| the cause
for a driver's license suspension has been |
24 |
| removed at the time a JDP is
effective. In any case, |
25 |
| should the Secretary of State enter a suspension or
|
26 |
| revocation of driving privileges pursuant to the |
27 |
| provisions of this Code
while the JDP is in effect or |
28 |
| pending, the Secretary shall take the
prescribed |
29 |
| action and provide a notice to the person and the court |
30 |
| ordering
the issuance of the JDP that all driving |
31 |
| privileges, including those provided
by the issuance |
32 |
| of the JDP, have been withdrawn.
|
33 |
| (iv) Any person under the age of 18 years. |
34 |
| (v) Any person for the operation of a commercial |
35 |
| motor vehicle if the person's CDL driving privileges |
36 |
| have been suspended under any provision of this Code in |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| accordance with 49 C.F.R. Part 384.
|
2 |
| (b) Prior to ordering the issuance of a JDP the Court |
3 |
| should consider at
least, but not be limited to, the following |
4 |
| issues:
|
5 |
| 1. Whether the person is employed and no other means of |
6 |
| commuting to the
place of employment is available or that |
7 |
| the person must drive as a
condition of employment. The |
8 |
| employer shall certify the hours of
employment and the need |
9 |
| and parameters necessary for driving as a
condition to |
10 |
| employment.
|
11 |
| 2. Whether the person must drive to secure alcohol or |
12 |
| other medical
treatment for himself or a family member.
|
13 |
| 3. Whether the person must drive for educational |
14 |
| purposes. The
educational institution shall certify the |
15 |
| person's enrollment in and
academic schedule at the |
16 |
| institution.
|
17 |
| 4. Whether the person has been repeatedly convicted of |
18 |
| traffic
violations or involved in motor vehicle accidents |
19 |
| to a degree which
indicates disrespect for public safety.
|
20 |
| 5. Whether the person has been convicted of a traffic |
21 |
| violation in
connection with a traffic accident resulting |
22 |
| in the death of any person
within the last 5 years.
|
23 |
| 6. Whether the person is likely to obey the limited |
24 |
| provisions of the
JDP.
|
25 |
| 7. Whether the person has any additional traffic |
26 |
| violations pending
in any court.
|
27 |
| For purposes of this Section, programs conducting |
28 |
| professional
evaluations of a person's alcohol, other drug, or |
29 |
| intoxicating
compound use must report, to the
court of venue, |
30 |
| using a form prescribed by the Secretary of State. A copy
of |
31 |
| such evaluations shall be sent to the Secretary of State by the |
32 |
| court.
However, the evaluation information shall be privileged |
33 |
| and only available
to courts and to the Secretary of State, but |
34 |
| shall not be admissible in the
subsequent trial on the |
35 |
| underlying charge.
|
36 |
| (c) The scope of any court order issued for a JDP under |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| this Section
shall be limited to
the operation of a motor |
2 |
| vehicle as provided for in subsection (a) of
this Section and |
3 |
| shall specify the petitioner's residence, place of
employment |
4 |
| or location of educational institution, and the scope of job
|
5 |
| related duties, if relevant. The JDP shall also specify days of |
6 |
| the week
and specific hours
of the day when the petitioner is |
7 |
| able to exercise the limited privilege of
operating a motor |
8 |
| vehicle.
If the Petitioner, who has been granted a JDP, is |
9 |
| issued a citation for a
traffic related offense, including |
10 |
| operating a motor vehicle outside the
limitations prescribed in |
11 |
| the JDP or a violation of Section 6-303, or is
convicted of any |
12 |
| such an offense during the term
of the JDP, the court shall |
13 |
| consider cancellation of the limited driving
permit. In any |
14 |
| case, if the Petitioner commits an offense, as defined in
|
15 |
| Section 11-501, or a similar provision of a local ordinance, as |
16 |
| evidenced
by the issuance of a Uniform Traffic Ticket, the JDP |
17 |
| shall be forwarded by
the court of venue to the court ordering |
18 |
| the issuance of the JDP, for
cancellation. The court shall |
19 |
| notify the Secretary of State of any
such cancellation.
|
20 |
| (d) The Secretary of State shall, upon receiving a court |
21 |
| order
from the court of venue, issue a JDP to a successful |
22 |
| Petitioner under this
Section. Such court order form shall also |
23 |
| contain a notification, which
shall be sent to the Secretary of |
24 |
| State, providing the name, driver's
license number and legal |
25 |
| address of the successful petitioner, and the full
and detailed |
26 |
| description of the limitations of the JDP. This information
|
27 |
| shall be available only to the courts, police officers, and the |
28 |
| Secretary
of State, except during the actual period the JDP is |
29 |
| valid, during which
time it shall be a public record. The |
30 |
| Secretary of State shall design and
furnish to the courts an |
31 |
| official court order form to be used by the courts
when |
32 |
| directing the Secretary of State to issue a JDP.
|
33 |
| Any submitted court order that contains insufficient data |
34 |
| or fails to
comply with this Code shall not be utilized for JDP |
35 |
| issuance or entered to
the driver record but shall be returned |
36 |
| to the issuing court indicating why
the JDP cannot be so |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| entered. A notice of this action shall also be sent
to the JDP |
2 |
| petitioner by the Secretary of State.
|
3 |
| (e) The circuit court of venue may conduct the judicial |
4 |
| hearing, as
provided in Section 2-118.1, and the JDP hearing |
5 |
| provided in this Section,
concurrently. Such concurrent |
6 |
| hearing shall proceed in the court in the
same manner as in |
7 |
| other civil proceedings.
|
8 |
| (f) The circuit court of venue may, as a condition of the |
9 |
| issuance of
a JDP, prohibit the person from operating a motor |
10 |
| vehicle not equipped with an
ignition interlock device.
|
11 |
| (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99; 91-127, |
12 |
| eff.
1-1-00.)
|
13 |
| (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
|
14 |
| Sec. 6-500. Definitions of words and phrases. |
15 |
| Notwithstanding the
definitions set forth elsewhere in this
|
16 |
| Code, for purposes of the Uniform Commercial Driver's License |
17 |
| Act
(UCDLA), the words and phrases listed below have the |
18 |
| meanings
ascribed to them as follows:
|
19 |
| (1) Alcohol. "Alcohol" means any substance containing any |
20 |
| form of
alcohol, including but not limited to ethanol,
|
21 |
| methanol,
propanol, and
isopropanol.
|
22 |
| (2) Alcohol concentration. "Alcohol concentration" means:
|
23 |
| (A) the number of grams of alcohol per 210 liters of |
24 |
| breath;
or
|
25 |
| (B) the number of grams of alcohol per 100 milliliters |
26 |
| of
blood; or
|
27 |
| (C) the number of grams of alcohol per 67 milliliters |
28 |
| of
urine.
|
29 |
| Alcohol tests administered within 2 hours of the driver |
30 |
| being
"stopped or detained" shall be considered that driver's |
31 |
| "alcohol
concentration" for the purposes of enforcing this |
32 |
| UCDLA.
|
33 |
| (3) (Blank).
|
34 |
| (4) (Blank).
|
35 |
| (5) (Blank).
|
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| (6) Commercial Motor Vehicle.
|
2 |
| (A) "Commercial motor vehicle" or "CMV" means
a motor |
3 |
| vehicle, except those referred to in subdivision (B), |
4 |
| designed
to transport passengers or property if:
|
5 |
| (i) the vehicle has a GVWR of 26,001 pounds or more |
6 |
| or such
a
lesser GVWR as subsequently determined by |
7 |
| federal regulations or the Secretary
of State; or any
|
8 |
| combination of vehicles with a GCWR of 26,001 pounds or |
9 |
| more, provided the
GVWR of any vehicle or vehicles |
10 |
| being towed is 10,001 pounds or more; or
|
11 |
| (ii) the vehicle is designed to transport 16 or |
12 |
| more
persons;
or
|
13 |
| (iii) the vehicle is transporting hazardous |
14 |
| materials and
is
required to
be placarded in accordance |
15 |
| with 49 C.F.R. Part 172, subpart F.
|
16 |
| (B) Pursuant to the interpretation of the Commercial |
17 |
| Motor
Vehicle
Safety Act of 1986 by the Federal Highway |
18 |
| Administration, the definition of
"commercial motor |
19 |
| vehicle" does not include:
|
20 |
| (i) recreational vehicles, when operated primarily |
21 |
| for personal use;
|
22 |
| (ii) United States Department of Defense vehicles |
23 |
| being operated by
non-civilian personnel. This |
24 |
| includes any operator on active military
duty; members |
25 |
| of the Reserves; National Guard; personnel on |
26 |
| part-time
training; and National Guard military |
27 |
| technicians (civilians who are
required to wear |
28 |
| military uniforms and are subject to the Code of |
29 |
| Military
Justice); or
|
30 |
| (iii) firefighting and other emergency equipment |
31 |
| with audible and
visual signals, owned or operated
by |
32 |
| or for a
governmental entity, which is necessary to the |
33 |
| preservation of life or
property or the execution of |
34 |
| emergency governmental functions which are
normally |
35 |
| not subject to general traffic rules and regulations.
|
36 |
| (7) Controlled Substance. "Controlled substance" shall |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| have the same
meaning as defined in Section 102 of the Illinois |
2 |
| Controlled Substances Act,
and shall also include cannabis as |
3 |
| defined in Section 3 of the Cannabis Control
Act.
|
4 |
| (8) Conviction. "Conviction" means an unvacated |
5 |
| adjudication of guilt
or a determination that a person has |
6 |
| violated or failed to comply with the
law in a court of |
7 |
| original jurisdiction or an authorized administrative
|
8 |
| tribunal; an unvacated forfeiture of bail or collateral |
9 |
| deposited to secure
the person's appearance in court; the |
10 |
| payment of a fine or court cost
regardless of whether the |
11 |
| imposition of sentence is deferred and ultimately
a judgment |
12 |
| dismissing the underlying charge is entered; or a violation of |
13 |
| a
condition of release without bail, regardless of whether or |
14 |
| not the penalty
is rebated, suspended or probated.
|
15 |
| (9) (Blank).
|
16 |
| (10) (Blank).
|
17 |
| (11) (Blank).
|
18 |
| (12) (Blank).
|
19 |
| (13) Driver. "Driver" means any person who drives, |
20 |
| operates, or is in
physical control of a commercial motor |
21 |
| vehicle, any person
or who is required to hold a
CDL , or any |
22 |
| person who is a holder of a CDL while operating a |
23 |
| non-commercial motor vehicle .
|
24 |
| (14) Employee. "Employee" means a person who is employed as |
25 |
| a
commercial
motor vehicle driver. A person who is |
26 |
| self-employed as a commercial motor
vehicle driver must comply |
27 |
| with the requirements of this UCDLA
pertaining to employees. An
|
28 |
| owner-operator on a long-term lease shall be considered an |
29 |
| employee.
|
30 |
| (15) Employer. "Employer" means a person (including the |
31 |
| United
States, a State or a local authority) who owns or leases |
32 |
| a commercial motor
vehicle or assigns employees to operate such |
33 |
| a vehicle. A person who is
self-employed as a commercial motor |
34 |
| vehicle driver must
comply with the requirements of this UCDLA.
|
35 |
| (16) (Blank).
|
36 |
| (16.5) Fatality. "Fatality" means the death of a person as |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| a result of a motor vehicle accident.
|
2 |
| (17) Foreign jurisdiction. "Foreign jurisdiction" means a |
3 |
| sovereign
jurisdiction that does not fall within the definition |
4 |
| of "State".
|
5 |
| (18) (Blank).
|
6 |
| (19) (Blank).
|
7 |
| (20) Hazardous Material. Upon a finding by the United |
8 |
| States
Secretary of Transportation, in his or her discretion, |
9 |
| under 49 App. U.S.C.
5103(a), that the transportation of a |
10 |
| particular quantity and form of
material in commerce may pose |
11 |
| an unreasonable risk to health and safety or
property, he or |
12 |
| she shall designate the quantity and form of material or group
|
13 |
| or class of the materials as a hazardous material. The |
14 |
| materials so
designated may include but are not limited to |
15 |
| explosives, radioactive
materials, etiologic agents, flammable |
16 |
| liquids or solids, combustible liquids
or solids, poisons, |
17 |
| oxidizing or corrosive materials, and compressed gases.
|
18 |
| (20.5) Imminent Hazard. "Imminent hazard" means the |
19 |
| existence of a condition that presents a substantial likelihood |
20 |
| that death, serious illness, severe personal injury, or a |
21 |
| substantial endangerment to health, property, or the |
22 |
| environment may occur before the reasonably foreseeable |
23 |
| completion date of a formal proceeding begun to lessen the risk |
24 |
| of that death, illness, injury or endangerment.
|
25 |
| (21) Long-term lease. "Long-term lease" means a lease of a |
26 |
| commercial
motor vehicle by the owner-lessor to a lessee, for a |
27 |
| period of more than 29
days.
|
28 |
| (22) Motor Vehicle. "Motor vehicle" means every vehicle
|
29 |
| which is self-propelled, and every vehicle which is propelled |
30 |
| by electric
power obtained from over head trolley wires but not |
31 |
| operated upon rails,
except vehicles moved solely by human |
32 |
| power and motorized wheel chairs.
|
33 |
| (22.5) Non-CMV. "Non-CMV" means a motor vehicle or |
34 |
| combination of motor vehicles not defined by the term |
35 |
| "commercial motor vehicle" or "CMV" in this Section.
|
36 |
| (23) Non-resident CDL. "Non-resident CDL" means a |
|
|
|
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|
1 |
| commercial driver's
license issued by a state under either of |
2 |
| the following two conditions: |
3 |
| (i) to an individual domiciled in a foreign country |
4 |
| meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. |
5 |
| of the Federal Motor Carrier Safety Administration.
|
6 |
| (ii) to an individual domiciled in another state |
7 |
| meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. |
8 |
| of the Federal Motor Carrier Safety Administration.
to an |
9 |
| individual who is domiciled in a foreign
jurisdiction.
|
10 |
| (24) (Blank).
|
11 |
| (25) (Blank).
|
12 |
| (25.5) Railroad-Highway Grade Crossing Violation. |
13 |
| "Railroad-highway
grade
crossing violation" means a
violation, |
14 |
| while operating a commercial motor vehicle, of
any
of the |
15 |
| following:
|
16 |
| (A) Section 11-1201, 11-1202, or 11-1425 of this
|
17 |
| Code.
|
18 |
| (B) (C) (D) (E) (F) (G) (H) Any other similar
law |
19 |
| or local ordinance of any state relating to
|
20 |
| railroad-highway grade crossing. (A) (G)
|
21 |
| (25.7) School Bus. "School Bus" means a commercial motor |
22 |
| vehicle used to transport pre-primary, primary, or secondary |
23 |
| school students from home to school, from school to home, or to |
24 |
| and from school-sponsored events. "School bus" does not include |
25 |
| a bus used as a common carrier.
|
26 |
| (26) Serious Traffic Violation. "Serious traffic |
27 |
| violation"
means:
|
28 |
| (A) a conviction when operating a commercial motor |
29 |
| vehicle , or when operating a non-CMV while holding a CDL,
|
30 |
| of:
|
31 |
| (i) a violation relating to excessive speeding,
|
32 |
| involving a single speeding charge of 15 miles per hour |
33 |
| or more above the
legal speed limit; or
|
34 |
| (ii) a violation relating to reckless driving; or
|
35 |
| (iii) a violation of any State law or local |
36 |
| ordinance relating to motor
vehicle traffic control |
|
|
|
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|
1 |
| (other than parking violations) arising in
connection |
2 |
| with a fatal traffic accident; or
|
3 |
| (iv) a violation of Section 6-501, relating to |
4 |
| having multiple driver's
licenses; or
|
5 |
| (v) a violation of paragraph (a) of Section 6-507, |
6 |
| relating to the
requirement to have a valid CDL; or
|
7 |
| (vi) a violation relating to improper or erratic |
8 |
| traffic lane changes;
or
|
9 |
| (vii) a violation relating to following another |
10 |
| vehicle too closely; or
|
11 |
| (B) any other similar violation of a law or local
|
12 |
| ordinance of any state relating to motor vehicle traffic |
13 |
| control, other
than a parking violation, which the |
14 |
| Secretary of State determines by
administrative rule to be |
15 |
| serious.
|
16 |
| (27) State. "State" means a state of the United States, the |
17 |
| District of
Columbia and any province or territory of Canada.
|
18 |
| (28) (Blank).
|
19 |
| (29) (Blank).
|
20 |
| (30) (Blank).
|
21 |
| (31) (Blank).
|
22 |
| (Source: P.A. 92-249, eff. 1-1-02; 92-651, eff. 7-11-02; |
23 |
| 92-834, eff.
8-22-02; revised 8-26-02.)
|
24 |
| (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
|
25 |
| Sec. 6-507. Commercial Driver's License (CDL) Required.
|
26 |
| (a) Except as expressly permitted by this UCDLA, or when |
27 |
| driving
pursuant to the issuance of a commercial driver |
28 |
| instruction permit and
accompanied by the holder of a CDL valid |
29 |
| for the vehicle being driven; no
person shall drive a |
30 |
| commercial motor vehicle on the highways without a CDL in the |
31 |
| driver's possession that indicates that the driver holds the |
32 |
| proper class of CDL or the proper endorsements for the specific |
33 |
| vehicle group being operated or for the passengers or type of |
34 |
| cargo being transported
unless the person has been issued, and |
35 |
| is in the immediate possession of, a
CDL bearing all applicable |
|
|
|
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|
1 |
| endorsements valid for type or classification of
the commercial |
2 |
| vehicle being driven .
|
3 |
| (b) Except as otherwise provided by this Code, no person |
4 |
| may drive a
commercial motor vehicle on the highways while such |
5 |
| person's driving
privilege, license or permit is:
|
6 |
| (1) Suspended, revoked, cancelled, or subject to
|
7 |
| disqualification. Any person convicted of violating this |
8 |
| provision or a
similar provision of this or any other state |
9 |
| shall have their driving
privileges revoked under |
10 |
| paragraph 12 of subsection (a) of Section 6-205 of
this |
11 |
| Code.
|
12 |
| (2) Subject to or in violation of an "out-of-service"
|
13 |
| order. Any person who has been issued a CDL and is |
14 |
| convicted of violating
this provision or a similar |
15 |
| provision of any other state shall be disqualified
from |
16 |
| operating a commercial motor vehicle under subsection (i) |
17 |
| of Section 6-514
of this Code.
|
18 |
| (3) Subject to or in violation of an "out of service" |
19 |
| order and
while transporting passengers or hazardous |
20 |
| materials. Any person who has been
issued a CDL and is |
21 |
| convicted of violating this provision or a similar
|
22 |
| provision of this or any other state shall be disqualified |
23 |
| from operating a
commercial motor vehicle under subsection |
24 |
| (i) of Section 6-514 of this Code.
|
25 |
| (c) Pursuant to the options provided to the States by FHWA |
26 |
| Docket No.
MC-88-8, the driver of any motor vehicle controlled |
27 |
| or operated by or for a
farmer is waived from the requirements |
28 |
| of this Section, when such motor
vehicle is being used to |
29 |
| transport: agricultural products; implements of
husbandry; or |
30 |
| farm supplies; as long as such movement is not over 150 air
|
31 |
| miles from the originating farm. This waiver does not apply to
|
32 |
| the driver of any motor vehicle
being used in a common or |
33 |
| contract carrier type operation.
However, for those drivers of |
34 |
| any truck-tractor
semitrailer combination or combinations |
35 |
| registered under subsection (c) of
Section 3-815 of this Code, |
36 |
| this waiver shall apply only when the
driver is a farmer or a |
|
|
|
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|
1 |
| member of the farmer's family and the driver is 21
years
of age |
2 |
| or more and has successfully completed any
tests the Secretary |
3 |
| of State deems necessary.
|
4 |
| In addition, the farmer or a member of the farmer's family |
5 |
| who operates a
truck-tractor semitrailer combination or |
6 |
| combinations pursuant to this waiver
shall be granted all of |
7 |
| the rights and shall be subject to all of the duties
and |
8 |
| restrictions with respect to Sections 6-514 and 6-515 of this |
9 |
| Code
applicable to the driver who possesses a commercial |
10 |
| driver's license issued
under this Code, except that the driver |
11 |
| shall not be subject to any additional
duties or restrictions |
12 |
| contained
in Part 382 of the Federal Motor Carrier Safety |
13 |
| Regulations that are
not otherwise imposed under Section 6-514 |
14 |
| or 6-515 of this Code.
|
15 |
| For purposes of this subsection (c), a member of the |
16 |
| farmer's family is a
natural or in-law spouse, child, parent, |
17 |
| or sibling.
|
18 |
| (c-5) An employee of a township or road district with a |
19 |
| population of
less
than 3,000 operating a vehicle within the |
20 |
| boundaries of the township or road
district for the purpose of |
21 |
| removing snow or ice from a roadway by plowing,
sanding, or |
22 |
| salting is waived from the requirements of this Section when |
23 |
| the
employee is needed to operate the vehicle because the |
24 |
| employee of the township
or road district who ordinarily |
25 |
| operates the vehicle and who has a commercial
driver's license |
26 |
| is unable to operate the vehicle or is in need of additional
|
27 |
| assistance due to a snow emergency.
|
28 |
| (d) Any person convicted of violating this Section, shall |
29 |
| be guilty of a
Class A misdemeanor.
|
30 |
| (e) Any person convicted of violating paragraph (b) of this |
31 |
| Section,
shall have all driving privileges revoked by the |
32 |
| Secretary of State.
|
33 |
| (f) This Section shall not apply to:
|
34 |
| (1) A person who currently holds a valid Illinois |
35 |
| driver's license,
for the type of vehicle being operated, |
36 |
| until the expiration of such
license or April 1, 1992, |
|
|
|
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|
|
1 |
| whichever is earlier; or
|
2 |
| (2) A non-Illinois domiciliary who is properly |
3 |
| licensed in another
State, until April 1, 1992. A |
4 |
| non-Illinois domiciliary, if such
domiciliary is properly |
5 |
| licensed in another State or foreign jurisdiction,
until |
6 |
| April 1, 1992.
|
7 |
| (Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 10-1-96; |
8 |
| 90-386, eff.
8-15-97; 90-655, eff. 7-30-98.)
|
9 |
| (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
10 |
| Sec. 6-508. Commercial Driver's License (CDL) - |
11 |
| qualification standards.
|
12 |
| (a) Testing.
|
13 |
| (1) General. No person shall be issued an original or |
14 |
| renewal CDL
unless that person is
domiciled in this State. |
15 |
| The Secretary shall cause to be administered such
tests as |
16 |
| the Secretary deems necessary to meet the requirements of |
17 |
| 49
C.F.R. Part 383, subparts G and H.
|
18 |
| (2) Third party testing. The Secretary of state may |
19 |
| authorize a
"third party tester", pursuant to 49 C.F.R. |
20 |
| Part 383.75, to administer the
skills test or tests |
21 |
| specified by Federal Highway Administration pursuant to |
22 |
| the
Commercial Motor Vehicle Safety Act of 1986 and any |
23 |
| appropriate federal rule.
|
24 |
| (b) Waiver of Skills Test. The Secretary of State may waive |
25 |
| the skills
test specified in this Section for a commercial |
26 |
| driver license applicant
who meets the requirements of 49 |
27 |
| C.F.R. Part 383.77 and Part 383.123 .
|
28 |
| (c) Limitations on issuance of a CDL. A CDL, or a |
29 |
| commercial driver
instruction permit, shall not be issued to a |
30 |
| person while the person is
subject to a disqualification from |
31 |
| driving a commercial motor vehicle, or
unless otherwise |
32 |
| permitted by this Code, while the person's driver's
license is |
33 |
| suspended, revoked or cancelled in
any state, or any territory |
34 |
| or province of Canada; nor may a CDL be issued
to a person who |
35 |
| has a CDL issued by any other state, or foreign
jurisdiction, |
|
|
|
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|
|
1 |
| unless the person first surrenders all such
licenses. No CDL |
2 |
| shall be issued to or renewed for a person who does not
meet |
3 |
| the requirement of 49 CFR 391.41(b)(11). The requirement may be |
4 |
| met with
the aid of a hearing aid.
|
5 |
| (c-1) The Secretary may issue a CDL with a school bus |
6 |
| driver endorsement
to allow a person to drive the type of bus |
7 |
| described in subsection (d-5) of
Section 6-104 of this Code. |
8 |
| The CDL with a school bus driver endorsement may be
issued only |
9 |
| to a person meeting the following requirements:
|
10 |
| (1) the person has submitted his or her fingerprints to |
11 |
| the
Department of State Police in the form and manner
|
12 |
| prescribed by the Department of State Police. These
|
13 |
| fingerprints shall be checked against the fingerprint |
14 |
| records
now and hereafter filed in the Department of State |
15 |
| Police and
Federal Bureau of Investigation criminal |
16 |
| history records databases for
fingerprint based criminal |
17 |
| background checks on current and future information
|
18 |
| available in the state system and current information |
19 |
| available through the
Federal Bureau of Investigation's |
20 |
| system ;
|
21 |
| (2) the person has passed a written test, administered |
22 |
| by the Secretary of
State, on charter bus operation, |
23 |
| charter bus safety, and certain special
traffic laws
|
24 |
| relating to school buses determined by the Secretary of |
25 |
| State to be relevant to
charter buses, and submitted to a |
26 |
| review of the applicant's driving
habits by the Secretary |
27 |
| of State at the time the written test is given;
|
28 |
| (3) the person has demonstrated physical fitness to |
29 |
| operate school buses
by
submitting the results of a medical |
30 |
| examination, including tests for drug
use; and
|
31 |
| (4) the person has not been convicted of committing or |
32 |
| attempting
to commit any
one or more of the following |
33 |
| offenses: (i) those offenses defined in
Sections 9-1, |
34 |
| 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
|
35 |
| 10-4,
10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, |
36 |
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
|
|
|
|
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LRB094 09225 DRH 39459 b |
|
|
1 |
| 11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, |
2 |
| 12-4.3, 12-4.4,
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, |
3 |
| 12-7.4, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, |
4 |
| 12-16.2, 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, |
5 |
| 18-5,
20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, |
6 |
| 31A-1, 31A-1.1, and
33A-2, and in subsection (a) and |
7 |
| subsection (b), clause (1), of Section
12-4 of the Criminal |
8 |
| Code of 1961; (ii) those offenses defined in the
Cannabis |
9 |
| Control Act except those offenses defined in subsections |
10 |
| (a) and
(b) of Section 4, and subsection (a) of Section 5 |
11 |
| of the Cannabis Control
Act; (iii) those offenses defined |
12 |
| in the Illinois Controlled Substances
Act; (iv) any offense |
13 |
| committed or attempted in any other state or against
the |
14 |
| laws of the United States, which if committed or attempted |
15 |
| in this
State would be punishable as one or more of the |
16 |
| foregoing offenses; (v)
the offenses defined in Sections |
17 |
| 4.1 and 5.1 of the Wrongs to Children Act and
(vi) those |
18 |
| offenses defined in Section 6-16 of the Liquor Control Act |
19 |
| of
1934.
|
20 |
| The Department of State Police shall charge
a fee for |
21 |
| conducting the criminal history records check, which shall be
|
22 |
| deposited into the State Police Services Fund and may not |
23 |
| exceed the actual
cost of the records check.
|
24 |
| (c-2) The Secretary shall issue a CDL with a school bus |
25 |
| endorsement to allow a person to drive a school bus as defined |
26 |
| in this Section. The CDL shall be issued according to the |
27 |
| requirements outlined in 49 C.F.R. 383. A person may not |
28 |
| operate a school bus as defined in this Section without a |
29 |
| school bus endorsement. The Secretary of State may adopt rules |
30 |
| consistent with Federal guidelines to implement this |
31 |
| subsection (c-2).
|
32 |
| (d) Commercial driver instruction permit. A commercial |
33 |
| driver
instruction permit may be issued to any person holding a |
34 |
| valid Illinois
driver's license if such person successfully |
35 |
| passes such tests as the
Secretary determines to be necessary.
|
36 |
| A commercial driver instruction permit shall not be issued to a |
|
|
|
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LRB094 09225 DRH 39459 b |
|
|
1 |
| person who
does not meet
the requirements of 49 CFR 391.41 |
2 |
| (b)(11), except for the renewal of a
commercial driver
|
3 |
| instruction permit for a person who possesses a commercial |
4 |
| instruction permit
prior to the
effective date of this |
5 |
| amendatory Act of 1999.
|
6 |
| (Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; revised |
7 |
| 11-29-04.)
|
8 |
| (625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
|
9 |
| Sec. 6-509. Non-resident commercial driver's license. |
10 |
| (a) The Secretary
of State may issue a non-resident CDL to |
11 |
| a domiciliary of a foreign
jurisdiction if the United States |
12 |
| Secretary of Transportation has
determined that the commercial |
13 |
| motor vehicle testing and licensing
standards, in that foreign |
14 |
| jurisdiction, do not meet the testing standards
established in |
15 |
| 49 C.F.R. Part 383. The Secretary of State may also issue a |
16 |
| non-resident CDL to an individual domiciled in another state |
17 |
| while that state is prohibited from issuing CDLs in accordance |
18 |
| with 49 C.F.R. Part 384. A non-resident CDL shall be issued in |
19 |
| accordance with the testing and licensing standards contained |
20 |
| in subparts F, G, and H of 49 C.F.R. Part 383. The word |
21 |
| "Non-resident" must appear on
the face of the non-resident CDL. |
22 |
| An applicant must surrender any
non-resident CDL, license or |
23 |
| permit issued by any other state.
|
24 |
| (b) If an individual is domiciled in a state while that |
25 |
| state is prohibited from issuing CDLs in accordance with 49 |
26 |
| C.F.R. Part 384.405, that individual is eligible to obtain a |
27 |
| non-resident CDL from any state that elects to issue a |
28 |
| non-resident CDL and which complies with the testing and |
29 |
| licensing standards contained in subparts F, G, and H of 49 |
30 |
| C.F.R. Part 383.23.
|
31 |
| (Source: P.A. 86-845.)
|
32 |
| (625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
|
33 |
| Sec. 6-510. Application for Commercial Driver's License |
34 |
| (CDL).
|
|
|
|
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|
|
1 |
| (a) The application for a CDL or commercial driver |
2 |
| instruction permit,
must include, but not necessarily be |
3 |
| limited to, the following:
|
4 |
| (1) the full legal name and current Illinois |
5 |
| domiciliary address
(unless the
application is for a |
6 |
| Non-resident CDL) of the applicant;
|
7 |
| (2) a physical description of the applicant including |
8 |
| sex, height,
weight, color of eyes and hair color;
|
9 |
| (3) date of birth;
|
10 |
| (4) the applicant's social security number or other |
11 |
| identifying number
acceptable to the Secretary of State;
|
12 |
| (5) the applicant's signature;
|
13 |
| (6) certifications required by 49 C.F.R. Part 383.71; |
14 |
| and |
15 |
| (6.1) the names of all States where the applicant has |
16 |
| previously been licensed to drive any type of motor vehicle |
17 |
| during the previous 10 years pursuant to 49 C.F.R. Part |
18 |
| 383; and
|
19 |
| (7) any other information required by the Secretary of |
20 |
| State.
|
21 |
| (Source: P.A. 93-895, eff. 1-1-05.)
|
22 |
| (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
|
23 |
| Sec. 6-513. Commercial Driver's License or CDL. The content |
24 |
| of the CDL
shall include, but not necessarily be limited to the |
25 |
| following:
|
26 |
| (a) A CDL shall be distinctly marked "Commercial Driver's |
27 |
| License" or
"CDL". It must include, but not necessarily be |
28 |
| limited to, the following
information:
|
29 |
| (1) the legal name and the Illinois domiciliary address |
30 |
| (unless it is
a
Non-resident CDL) of the person to whom the |
31 |
| CDL is issued;
|
32 |
| (2) the person's color photograph;
|
33 |
| (3) a physical description of the person including sex, |
34 |
| height, and
may include weight, color of eyes and hair |
35 |
| color;
|
|
|
|
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|
|
1 |
| (4) date of birth;
|
2 |
| (5) a CDL or file number assigned by the Secretary of |
3 |
| State;
|
4 |
| (6) it also may include the applicant's Social Security |
5 |
| Number
pursuant to Section 6-106;
|
6 |
| (7) the person's signature;
|
7 |
| (8) the class or type of commercial vehicle or vehicles |
8 |
| which the
person is authorized to drive together with any |
9 |
| endorsements or restrictions;
|
10 |
| (9) the name of the issuing state; and
|
11 |
| (10) the issuance and expiration dates of the CDL.
|
12 |
| (b) Applicant Record Check.
|
13 |
| Prior to the issuance of a CDL, the Secretary of State |
14 |
| shall
obtain and review the applicant's driving record as |
15 |
| required by 49 C.F.R. Part 383
the CMVSA
and the United States |
16 |
| Secretary of Transportation.
|
17 |
| (c) Notification of Commercial Driver's License (CDL) |
18 |
| Issuance.
|
19 |
| Within 10 days after issuing a CDL, the Secretary of State |
20 |
| must notify
the Commercial Driver License Information System of |
21 |
| that fact, and provide
all information required to ensure |
22 |
| identification of the person.
|
23 |
| (d) Renewal.
|
24 |
| Every person applying for a renewal of a CDL must complete |
25 |
| the
appropriate application form required by this Code and any |
26 |
| other test
deemed necessary by the Secretary.
|
27 |
| (Source: P.A. 93-895, eff. 1-1-05.)
|
28 |
| (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
|
29 |
| Sec. 6-514. Commercial Driver's License (CDL) - |
30 |
| Disqualifications.
|
31 |
| (a) A person shall be disqualified from driving a |
32 |
| commercial motor
vehicle for a period of not less than 12 |
33 |
| months for the first violation of:
|
34 |
| (1) Refusing to submit to or failure to complete a test |
35 |
| or tests to
determine the driver's blood concentration of |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| alcohol, other drug, or both,
while driving a commercial |
2 |
| motor vehicle or, if the driver is a CDL holder, while |
3 |
| driving a non-CMV ; or
|
4 |
| (2) Operating a commercial motor vehicle while the |
5 |
| alcohol
concentration of the person's blood, breath or |
6 |
| urine is at least 0.04, or any
amount of a drug, substance, |
7 |
| or compound in the person's blood or urine
resulting from |
8 |
| the unlawful use or consumption of cannabis listed in the
|
9 |
| Cannabis Control Act or a controlled substance listed in |
10 |
| the Illinois
Controlled Substances Act as indicated by a |
11 |
| police officer's sworn report or
other verified evidence; |
12 |
| or
|
13 |
| (3) Conviction for a first violation of:
|
14 |
| (i) Driving a commercial motor vehicle or, if the |
15 |
| driver is a CDL holder, driving a non-CMV while under |
16 |
| the influence of
alcohol, or any other drug, or |
17 |
| combination of drugs to a degree which
renders such |
18 |
| person incapable of safely driving; or
|
19 |
| (ii) Knowingly and wilfully leaving the scene of an |
20 |
| accident while
operating a commercial motor vehicle |
21 |
| or, if the driver is a CDL holder, while driving a |
22 |
| non-CMV ; or
|
23 |
| (iii) Driving a commercial motor vehicle or, if the |
24 |
| driver is a CDL holder, driving a non-CMV while |
25 |
| committing any felony ; or . |
26 |
| (iv) Driving a commercial motor vehicle if, as a |
27 |
| result of prior violations committed while operating a |
28 |
| commercial motor vehicle, the driver's CDL is revoked, |
29 |
| suspended, or cancelled or the driver is disqualified |
30 |
| from operating a commercial motor vehicle; or |
31 |
| (v) Causing a fatality through the negligent |
32 |
| operation of a commercial motor vehicle, including but |
33 |
| not limited to the crimes of reckless driving under |
34 |
| Section 9-3 of the Criminal Code of 1961 and aggravated |
35 |
| driving under the influence of alcohol, other drug or |
36 |
| drugs, intoxicating compound or compounds, or any |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| combination thereof under subdivision (d)(1)(F) of |
2 |
| Section 11-501 of this Code.
|
3 |
| If any of the above violations or refusals occurred |
4 |
| while
transporting hazardous material(s) required to be |
5 |
| placarded, the person
shall be disqualified for a period of |
6 |
| not less than 3 years.
|
7 |
| (b) A person is disqualified for life for a second |
8 |
| conviction of any of
the offenses specified in paragraph (a), |
9 |
| or any combination of those
offenses, arising from 2 or more |
10 |
| separate incidents.
|
11 |
| (c) A person is disqualified from driving a commercial |
12 |
| motor vehicle for
life if the person either (i)
who uses a |
13 |
| commercial motor vehicle in the commission of any felony
|
14 |
| involving the manufacture, distribution, or dispensing of a |
15 |
| controlled
substance, or possession with intent to |
16 |
| manufacture, distribute or dispense
a controlled substance or |
17 |
| (ii) if the person is a CDL holder, uses a non-CMV in the |
18 |
| commission of a felony involving any of those activities .
|
19 |
| (d) The Secretary of State may, when the United States |
20 |
| Secretary of
Transportation so authorizes, issue regulations |
21 |
| in which a disqualification
for life under paragraph (b) may be |
22 |
| reduced to a period of not less than 10
years.
If a reinstated |
23 |
| driver is subsequently convicted of another disqualifying
|
24 |
| offense, as specified in subsection (a) of this Section, he or |
25 |
| she shall be
permanently disqualified for life and shall be |
26 |
| ineligible to again apply for a
reduction of the lifetime |
27 |
| disqualification.
|
28 |
| (e) A person is disqualified from driving a commercial |
29 |
| motor vehicle for
a period of not less than 2 months if |
30 |
| convicted of 2 serious traffic
violations, committed in a |
31 |
| commercial motor vehicle, arising from separate
incidents, |
32 |
| occurring within a 3 year period. However, a person will be
|
33 |
| disqualified from driving a commercial motor vehicle for a |
34 |
| period of not less
than 4 months if convicted of 3 serious |
35 |
| traffic violations, committed in a
commercial motor vehicle, |
36 |
| arising from separate incidents, occurring within a 3
year |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| period.
|
2 |
| (e-1) A person is disqualified from driving a commercial |
3 |
| motor vehicle for a period of not less than 2 months if |
4 |
| convicted of 2 serious traffic violations committed in a |
5 |
| non-CMV while holding a CDL, arising from separate incidents, |
6 |
| occurring within a 3 year period, if the convictions would |
7 |
| result in the suspension or revocation of the CDL holder's |
8 |
| non-CMV privileges. A person shall be disqualified from driving |
9 |
| a commercial motor vehicle for a period of not less than 4 |
10 |
| months, however, if he or she is convicted of 3 or more serious |
11 |
| traffic violations committed in a non-CMV while holding a CDL, |
12 |
| arising from separate incidents, occurring within a 3 year |
13 |
| period, if the convictions would result in the suspension or |
14 |
| revocation of the CDL holder's non-CMV privileges.
|
15 |
| (f) Notwithstanding any other provision of this Code, any |
16 |
| driver
disqualified from operating a commercial motor vehicle, |
17 |
| pursuant to this
UCDLA, shall not be eligible for restoration |
18 |
| of commercial driving
privileges during any such period of |
19 |
| disqualification.
|
20 |
| (g) After suspending, revoking, or cancelling a commercial |
21 |
| driver's
license, the Secretary of State must update the |
22 |
| driver's records to reflect
such action within 10 days. After |
23 |
| suspending or revoking the driving privilege
of any person who |
24 |
| has been issued a CDL or commercial driver instruction permit
|
25 |
| from another jurisdiction, the Secretary shall originate |
26 |
| notification to
such issuing jurisdiction within 10 days.
|
27 |
| (h) The "disqualifications" referred to in this Section |
28 |
| shall not be
imposed upon any commercial motor vehicle driver, |
29 |
| by the Secretary of
State, unless the prohibited action(s) |
30 |
| occurred after March 31, 1992.
|
31 |
| (i) A person is disqualified from driving a commercial |
32 |
| motor vehicle in
accordance with the following:
|
33 |
| (1) For 6 months upon a first conviction of paragraph |
34 |
| (2) of subsection
(b) of Section 6-507 of this Code.
|
35 |
| (2) For one year upon a second conviction of paragraph |
36 |
| (2) of subsection
(b) of Section 6-507 of this Code within |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| a 10-year period.
|
2 |
| (3) For 3 years upon a third or subsequent conviction |
3 |
| of paragraph (2) of
subsection (b) of Section 6-507 of this |
4 |
| Code within a 10-year period.
|
5 |
| (4) For one year upon a first conviction of paragraph |
6 |
| (3) of subsection
(b) of Section 6-507 of this Code.
|
7 |
| (5) For 3 years upon a second conviction of paragraph |
8 |
| (3) of subsection
(b) of Section 6-507 of this Code within |
9 |
| a 10-year period.
|
10 |
| (6) For 5 years upon a third or subsequent conviction |
11 |
| of paragraph (3) of
subsection (b) of Section 6-507 of this |
12 |
| Code within a 10-year period.
|
13 |
| (j) Disqualification for railroad-highway grade crossing
|
14 |
| violation.
|
15 |
| (1) General rule. A driver who is convicted of a |
16 |
| violation of a federal,
State, or
local law or regulation |
17 |
| pertaining to
one of the following 6 offenses at a |
18 |
| railroad-highway grade crossing must be
disqualified
from |
19 |
| operating a commercial motor vehicle for the period of time |
20 |
| specified in
paragraph (2) of this subsection (j) if the |
21 |
| offense was committed while
operating a commercial motor |
22 |
| vehicle:
|
23 |
| (i) For drivers who are not required to always |
24 |
| stop, failing to
slow down and check that the tracks |
25 |
| are clear of an approaching train, as
described in |
26 |
| subsection (a-5) of Section 11-1201 of this Code;
|
27 |
| (ii) For drivers who are not required to always |
28 |
| stop, failing to
stop before reaching the crossing, if |
29 |
| the tracks are not clear, as described in
subsection |
30 |
| (a) of Section 11-1201 of this Code;
|
31 |
| (iii) For drivers who are always required to stop, |
32 |
| failing to stop
before driving onto the crossing, as |
33 |
| described in Section 11-1202 of this Code;
|
34 |
| (iv) For all drivers, failing to have sufficient |
35 |
| space to drive
completely through the crossing without |
36 |
| stopping, as described in subsection
(b) of Section |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| 11-1425 of this Code;
|
2 |
| (v) For all drivers, failing to obey a traffic |
3 |
| control device or
the directions of an enforcement |
4 |
| official at the crossing, as described in
subdivision |
5 |
| (a)2 of Section 11-1201 of this Code;
|
6 |
| (vi) For all drivers, failing to negotiate a |
7 |
| crossing because of
insufficient undercarriage |
8 |
| clearance, as described in subsection (d-1) of
Section |
9 |
| 11-1201 of this Code.
|
10 |
| (2) Duration of disqualification for railroad-highway |
11 |
| grade
crossing violation.
|
12 |
| (i) First violation. A driver must be disqualified |
13 |
| from operating a
commercial motor vehicle
for not less |
14 |
| than 60 days if the driver is convicted of a violation |
15 |
| described
in paragraph
(1) of this subsection (j) and, |
16 |
| in the three-year period preceding the
conviction, the |
17 |
| driver
had no convictions for a violation described in |
18 |
| paragraph (1) of this
subsection (j).
|
19 |
| (ii) Second violation. A driver must be |
20 |
| disqualified from operating a
commercial
motor vehicle
|
21 |
| for not less
than 120 days if the driver is convicted
|
22 |
| of a violation described in paragraph (1) of this |
23 |
| subsection (j) and, in the
three-year
period preceding |
24 |
| the conviction, the driver had one other conviction for |
25 |
| a
violation
described in paragraph (1) of this |
26 |
| subsection (j) that was committed in a
separate
|
27 |
| incident.
|
28 |
| (iii) Third or subsequent violation. A driver must |
29 |
| be disqualified from
operating a
commercial motor |
30 |
| vehicle
for not less than one year if the driver is |
31 |
| convicted
of a violation described in paragraph (1) of |
32 |
| this subsection (j) and, in the
three-year
period |
33 |
| preceding the conviction, the driver had 2 or more |
34 |
| other convictions for
violations
described in |
35 |
| paragraph (1) of this subsection (j) that were |
36 |
| committed in
separate incidents.
|
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| (k) Upon notification of a disqualification of a driver's |
2 |
| commercial motor vehicle privileges imposed by the U.S. |
3 |
| Department of Transportation, Federal Motor Carrier Safety |
4 |
| Administration, in accordance with 49 C.F.R. 383.52, the |
5 |
| Secretary of State shall immediately record to the driving |
6 |
| record the notice of disqualification and confirm to the driver |
7 |
| the action that has been taken.
|
8 |
| (Source: P.A. 92-249, eff. 1-1-02; 92-834, eff. 8-22-02.)
|
9 |
| (625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
|
10 |
| Sec. 6-518. Notification of Traffic Convictions. |
11 |
| (a) Within 10 days after
receiving a report of an Illinois |
12 |
| conviction, or other verified evidence,
of any driver who has |
13 |
| been issued a CDL by another State, for a violation
of any law |
14 |
| or local ordinance of this State, relating to motor
vehicle |
15 |
| traffic control, other than parking violations, committed in |
16 |
| any
a
commercial motor vehicle, the Secretary of State must |
17 |
| notify the driver
licensing authority which issued such CDL of |
18 |
| said conviction.
|
19 |
| (b) Within 10 days after
receiving a report of an Illinois |
20 |
| conviction, or other verified evidence,
of any driver from |
21 |
| another State, for a violation
of any law or local ordinance of |
22 |
| this State, relating to motor
vehicle traffic control, other |
23 |
| than parking violations, committed in a commercial motor |
24 |
| vehicle, the Secretary of State must notify the driver
|
25 |
| licensing authority which issued the person's driver's license |
26 |
| of the conviction.
|
27 |
| (Source: P.A. 86-845.)
|
28 |
| (625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
|
29 |
| Sec. 6-523. Reciprocity. |
30 |
| (a) Notwithstanding any law to the contrary, a
person may |
31 |
| drive a commercial motor vehicle in this State if such person |
32 |
| has
a valid commercial driver's license or CDL instruction |
33 |
| permit issued by
another State or foreign jurisdiction as long |
34 |
| as such person has not been
an established domiciliary of this |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| State for 30 days or more.
|
2 |
| (b) The Secretary of State shall give out of state |
3 |
| convictions full
faith and credit and treat them for |
4 |
| sanctioning purposes, under this UCDLA,
just as if they |
5 |
| occurred in this State.
|
6 |
| (c) A CDL issued by this State or any other state before |
7 |
| the date on and after which the State is prohibited from |
8 |
| issuing CDLs under 49 C.F.R. Part 384, remains valid until its |
9 |
| stated expiration date.
|
10 |
| (Source: P.A. 86-845.)
|
11 |
| (625 ILCS 5/7-702.1)
|
12 |
| Sec. 7-702.1. Family financial responsibility driving |
13 |
| permits. Following
the entry of an order that an obligor has |
14 |
| been found in contempt by the court
|
15 |
| for failure to pay court ordered child
support payments or upon |
16 |
| a motion by the obligor who is subject to having his
or her
|
17 |
| driver's license suspended pursuant to subsection (b) of |
18 |
| Section 7-703, the
court may enter an order directing the
|
19 |
| Secretary of State to issue a family financial responsibility
|
20 |
| driving permit for the purpose of providing the obligor the
|
21 |
| privilege of operating a motor vehicle between the obligor's
|
22 |
| residence and place of employment, or within the scope of
|
23 |
| employment related duties; or for the purpose of providing
|
24 |
| transportation for the obligor or a household member to receive
|
25 |
| alcohol treatment, other drug treatment, or medical care. The
|
26 |
| court may enter an order directing the issuance of a permit |
27 |
| only if
the obligor has proven to the satisfaction of the court |
28 |
| that no
alternative means of transportation are reasonably |
29 |
| available for
the above stated purposes. No permit shall be |
30 |
| issued to a person under the
age of 16 years who possesses an |
31 |
| instruction permit. In accordance with 49 C.F.R. Part 384, the |
32 |
| Secretary of State may not issue a family financial |
33 |
| responsibility driving permit to any person for the operation |
34 |
| of a commercial motor vehicle if the person's driving |
35 |
| privileges have been suspended under any provisions of this |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| Code.
|
2 |
| Upon entry of an order granting the issuance of a permit to |
3 |
| an
obligor, the court shall report this finding to the |
4 |
| Secretary of
State on a form prescribed by the Secretary. This |
5 |
| form shall state
whether the permit has been granted for |
6 |
| employment or medical
purposes and the specific days and hours |
7 |
| for which limited driving
privileges have been granted.
|
8 |
| The family financial responsibility driving permit shall |
9 |
| be subject
to cancellation, invalidation, suspension, and |
10 |
| revocation by the
Secretary of State in the same manner and for |
11 |
| the same reasons as
a driver's license may be cancelled, |
12 |
| invalidated, suspended, or
revoked.
|
13 |
| The Secretary of State shall, upon receipt of a certified |
14 |
| court
order from the court of jurisdiction, issue a family |
15 |
| financial
responsibility driving permit. In order for this |
16 |
| permit to be
issued, an individual's driving privileges must be |
17 |
| valid except for
the family financial responsibility |
18 |
| suspension. This permit shall
be valid only for employment and |
19 |
| medical purposes as set forth
above. The permit shall state the |
20 |
| days and hours for which limited
driving privileges have been |
21 |
| granted.
|
22 |
| Any submitted court order that contains insufficient data |
23 |
| or fails
to comply with any provision of this Code shall not
be |
24 |
| used for issuance of the permit or entered to the individual's
|
25 |
| driving record but shall be returned to the court of |
26 |
| jurisdiction
indicating why the permit cannot be issued at that |
27 |
| time. The
Secretary of State shall also send notice of the |
28 |
| return of the
court order to the individual requesting the |
29 |
| permit.
|
30 |
| (Source: P.A. 90-369, eff. 1-1-98; 91-613, eff. 7-1-00.)
|
31 |
| (625 ILCS 5/11-501.8)
|
32 |
| Sec. 11-501.8. Suspension of driver's license; persons |
33 |
| under age 21.
|
34 |
| (a) A person who is less than 21 years of age and who |
35 |
| drives or
is in actual physical control of a motor vehicle upon |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| the
public highways of this State shall be deemed to have given |
2 |
| consent to a
chemical test or tests of blood, breath, or urine |
3 |
| for the purpose of
determining the alcohol content of the |
4 |
| person's blood if arrested, as evidenced
by the issuance of a |
5 |
| Uniform Traffic Ticket for any violation of the Illinois
|
6 |
| Vehicle Code or a similar provision of a local ordinance, if a |
7 |
| police officer
has probable cause to believe that the driver |
8 |
| has consumed any amount of an
alcoholic beverage based upon |
9 |
| evidence of the driver's physical condition or
other first hand |
10 |
| knowledge of the police officer. The test or tests shall be
|
11 |
| administered at the direction of the arresting officer. The law |
12 |
| enforcement
agency employing the officer shall designate which |
13 |
| of the aforesaid tests shall
be administered. A urine test may |
14 |
| be administered even after a blood or
breath test or both has |
15 |
| been administered.
|
16 |
| (b) A person who is dead, unconscious, or who is otherwise |
17 |
| in a condition
rendering that person incapable of refusal, |
18 |
| shall be deemed not to have
withdrawn the consent provided by |
19 |
| paragraph (a) of this Section and the test or
tests may be |
20 |
| administered subject to the following provisions:
|
21 |
| (i) Chemical analysis of the person's blood, urine, |
22 |
| breath, or
other bodily substance, to be considered valid |
23 |
| under the provisions of this
Section, shall have been |
24 |
| performed according to standards promulgated by the |
25 |
| Department of State
Police
by an individual possessing a |
26 |
| valid permit issued by that Department for this
purpose. |
27 |
| The Director of State Police is authorized to approve |
28 |
| satisfactory
techniques or methods, to ascertain the |
29 |
| qualifications and competence of
individuals to conduct |
30 |
| analyses, to issue permits that shall be subject to
|
31 |
| termination or revocation at the direction of that |
32 |
| Department, and to certify
the accuracy of breath testing |
33 |
| equipment. The Department of
State Police shall prescribe |
34 |
| regulations as necessary.
|
35 |
| (ii) When a person submits to a blood test at the |
36 |
| request of a law
enforcement officer under the provisions |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| of this Section, only a physician
authorized to practice |
2 |
| medicine, a registered nurse, or other qualified person
|
3 |
| trained in venipuncture and acting under the direction of a |
4 |
| licensed physician
may withdraw blood for the purpose of |
5 |
| determining the alcohol content therein.
This limitation |
6 |
| does not apply to the taking of breath or urine specimens.
|
7 |
| (iii) The person tested may have a physician, qualified |
8 |
| technician,
chemist, registered nurse, or other qualified |
9 |
| person of his or her own choosing
administer a chemical |
10 |
| test or tests in addition to any test or tests
administered |
11 |
| at the direction of a law enforcement officer. The failure |
12 |
| or
inability to obtain an additional test by a person shall |
13 |
| not preclude the
consideration of the previously performed |
14 |
| chemical test.
|
15 |
| (iv) Upon a request of the person who submits to a |
16 |
| chemical test or
tests at the request of a law enforcement |
17 |
| officer, full information concerning
the test or tests |
18 |
| shall be made available to the person or that person's
|
19 |
| attorney.
|
20 |
| (v) Alcohol concentration means either grams of |
21 |
| alcohol per 100
milliliters of blood or grams of alcohol |
22 |
| per 210 liters of breath.
|
23 |
| (vi) If a driver is receiving medical treatment as a |
24 |
| result of a motor
vehicle accident, a physician licensed to |
25 |
| practice medicine, registered nurse,
or other qualified |
26 |
| person trained in venipuncture and
acting under the |
27 |
| direction of a licensed physician shall
withdraw blood for |
28 |
| testing purposes to ascertain the presence of alcohol upon
|
29 |
| the specific request of a law enforcement officer. However, |
30 |
| that testing
shall not be performed until, in the opinion |
31 |
| of the medical personnel on scene,
the withdrawal can be |
32 |
| made without interfering with or endangering the
|
33 |
| well-being of the patient.
|
34 |
| (c) A person requested to submit to a test as provided |
35 |
| above shall be warned
by the law enforcement officer requesting |
36 |
| the test that a refusal to submit to
the test, or submission to |
|
|
|
SB1825 |
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LRB094 09225 DRH 39459 b |
|
|
1 |
| the test resulting in an alcohol concentration of
more than |
2 |
| 0.00, may result in the loss of that person's privilege to |
3 |
| operate a
motor vehicle. The loss of driving privileges shall |
4 |
| be imposed in accordance
with Section 6-208.2 of this Code.
|
5 |
| (d) If the person refuses testing or submits to a test that |
6 |
| discloses an
alcohol concentration of more than 0.00, the law |
7 |
| enforcement officer shall
immediately submit a sworn report to |
8 |
| the Secretary of State on a form
prescribed by the Secretary of |
9 |
| State, certifying that the test or tests were
requested under |
10 |
| subsection (a) and the person refused to submit to a test
or |
11 |
| tests or submitted to testing which disclosed an alcohol |
12 |
| concentration of
more than 0.00. The law enforcement officer |
13 |
| shall submit the same sworn report
when a person under the age |
14 |
| of 21 submits to testing under Section
11-501.1 of this Code |
15 |
| and the testing discloses an alcohol concentration of
more than |
16 |
| 0.00 and less than 0.08.
|
17 |
| Upon receipt of the sworn report of a law enforcement |
18 |
| officer, the Secretary
of State shall enter the driver's |
19 |
| license sanction on the individual's driving
record and the |
20 |
| sanctions shall be effective on the 46th day following the date
|
21 |
| notice of the sanction was given to the person. If this |
22 |
| sanction is the
individual's first driver's license suspension |
23 |
| under this Section, reports
received by the Secretary of State |
24 |
| under this Section shall, except during the
time the suspension |
25 |
| is in effect, be privileged information and for use only by
the |
26 |
| courts, police officers, prosecuting authorities, the |
27 |
| Secretary of State,
or the individual personally.
|
28 |
| The law enforcement officer submitting the sworn report |
29 |
| shall serve immediate
notice of this driver's license sanction |
30 |
| on the person and the sanction shall
be effective on the 46th |
31 |
| day following the date notice was given.
|
32 |
| In cases where the blood alcohol concentration of more than |
33 |
| 0.00 is
established by a subsequent analysis of blood or urine, |
34 |
| the police officer or
arresting agency shall give notice as |
35 |
| provided in this Section or by deposit
in the United States |
36 |
| mail of that notice in an envelope with postage prepaid
and |
|
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| addressed to that person at his last known address and the loss |
2 |
| of driving
privileges shall be effective on the 46th day |
3 |
| following the date notice was
given.
|
4 |
| Upon receipt of the sworn report of a law enforcement |
5 |
| officer, the Secretary
of State shall also give notice of the |
6 |
| driver's license sanction to the driver
by mailing a notice of |
7 |
| the effective date of the sanction to the individual.
However, |
8 |
| should the sworn report be defective by not containing |
9 |
| sufficient
information or be completed in error, the notice of |
10 |
| the driver's license
sanction may not be mailed to the person |
11 |
| or entered to the driving record,
but rather the sworn report |
12 |
| shall be returned to the issuing law enforcement
agency.
|
13 |
| (e) A driver may contest this driver's license sanction by |
14 |
| requesting an
administrative hearing with the Secretary of |
15 |
| State in accordance with Section
2-118 of this Code. An |
16 |
| individual whose blood alcohol concentration is shown
to be |
17 |
| more than 0.00 is not subject to this Section if he or she |
18 |
| consumed
alcohol in the performance of a religious service or |
19 |
| ceremony. An individual
whose blood alcohol concentration is |
20 |
| shown to be more than 0.00 shall not be
subject to this Section |
21 |
| if the individual's blood alcohol concentration
resulted only |
22 |
| from ingestion of the prescribed or recommended dosage of
|
23 |
| medicine that contained alcohol. The petition for that hearing |
24 |
| shall not stay
or delay the effective date of the impending |
25 |
| suspension. The scope of this
hearing shall be limited to the |
26 |
| issues of:
|
27 |
| (1) whether the police officer had probable cause to |
28 |
| believe that the
person was driving or in actual physical |
29 |
| control of a motor vehicle upon the
public highways of the |
30 |
| State and the police officer had reason to believe that
the |
31 |
| person was in violation of any provision of the Illinois |
32 |
| Vehicle Code or a
similar provision of a local ordinance; |
33 |
| and
|
34 |
| (2) whether the person was issued a Uniform Traffic |
35 |
| Ticket for any
violation of the Illinois Vehicle Code or a |
36 |
| similar provision of a local
ordinance; and
|
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| (3) whether the police officer had probable cause to |
2 |
| believe that the
driver
had consumed any amount of an |
3 |
| alcoholic beverage based upon the driver's
physical |
4 |
| actions or other first-hand knowledge of the police |
5 |
| officer; and
|
6 |
| (4) whether the person, after being advised by the |
7 |
| officer that the
privilege to operate a motor vehicle would |
8 |
| be suspended if the person refused
to submit to and |
9 |
| complete the test or tests, did refuse to submit to or
|
10 |
| complete the test or tests to determine the person's |
11 |
| alcohol concentration;
and
|
12 |
| (5) whether the person, after being advised by the |
13 |
| officer that the
privileges to operate a motor vehicle |
14 |
| would be suspended if the person submits
to a chemical test |
15 |
| or tests and the test or tests disclose an alcohol
|
16 |
| concentration of more than 0.00, did submit to and
complete |
17 |
| the
test or tests that determined an alcohol concentration |
18 |
| of more than 0.00; and
|
19 |
| (6) whether the test result of an alcohol concentration |
20 |
| of more than 0.00
was based upon the person's consumption |
21 |
| of alcohol in the performance of a
religious service or |
22 |
| ceremony; and
|
23 |
| (7) whether the test result of an alcohol concentration |
24 |
| of more than 0.00
was based upon the person's consumption |
25 |
| of alcohol through ingestion of the
prescribed or |
26 |
| recommended dosage of medicine.
|
27 |
| Provided that the petitioner may subpoena the officer, the |
28 |
| hearing may be
conducted upon a review of the law enforcement |
29 |
| officer's own official reports.
Failure of the officer to |
30 |
| answer the subpoena shall be grounds for a
continuance if, in |
31 |
| the hearing officer's discretion, the continuance is
|
32 |
| appropriate. At the conclusion of the hearing held under |
33 |
| Section 2-118 of
this Code, the Secretary of State may rescind, |
34 |
| continue, or modify the driver's
license sanction. If the |
35 |
| Secretary of State does not rescind the sanction, a
restricted |
36 |
| driving permit may be granted by the Secretary of State upon
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| application being made and good cause shown. A restricted |
2 |
| driving permit may be
granted to relieve undue hardship by |
3 |
| allowing driving for employment,
educational, and medical |
4 |
| purposes as outlined in item (3) of part (c) of
Section 6-206 |
5 |
| of this Code. The provisions of item (3) of part (c) of Section
|
6 |
| 6-206 of this Code and of subsection (f) of that Section shall |
7 |
| apply. The Secretary of State shall promulgate rules
providing |
8 |
| for participation in an alcohol education and awareness program |
9 |
| or
activity, a drug education and awareness program or |
10 |
| activity, or both as a
condition to the issuance of a |
11 |
| restricted driving permit for suspensions
imposed under this |
12 |
| Section.
|
13 |
| (f) The results of any chemical testing performed in |
14 |
| accordance with
subsection (a) of this Section are not |
15 |
| admissible in any civil or criminal
proceeding, except that the |
16 |
| results of the testing may be considered at a
hearing held |
17 |
| under Section 2-118 of this Code. However, the results of
the |
18 |
| testing may not be used to impose driver's license sanctions |
19 |
| under
Section 11-501.1 of this Code. A law enforcement officer |
20 |
| may, however, pursue
a statutory summary suspension of driving |
21 |
| privileges under Section 11-501.1 of
this Code if other |
22 |
| physical evidence or first hand knowledge forms the basis
of |
23 |
| that suspension.
|
24 |
| (g) This Section applies only to drivers who are under
age |
25 |
| 21 at the time of the issuance of a Uniform Traffic Ticket for |
26 |
| a
violation of the Illinois Vehicle Code or a similar provision |
27 |
| of a local
ordinance, and a chemical test request is made under |
28 |
| this Section.
|
29 |
| (h) The action of the Secretary of State in suspending, |
30 |
| revoking, or
denying any license, permit, registration, or |
31 |
| certificate of title shall be
subject to judicial review in the |
32 |
| Circuit Court of Sangamon County or in the
Circuit Court of |
33 |
| Cook County, and the provisions of the Administrative Review
|
34 |
| Law and its rules are hereby adopted and shall apply to and |
35 |
| govern every action
for the judicial review of final acts or |
36 |
| decisions of the Secretary of State
under this Section.
|