103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2961

 

Introduced 2/16/2023, by Rep. Bradley Fritts

 

SYNOPSIS AS INTRODUCED:
 
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

    Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-507 and 6-508 as follows:
 
6    (625 ILCS 5/6-507)  (from Ch. 95 1/2, par. 6-507)
7    Sec. 6-507. Commercial Driver's License (CDL) or
8Commercial Learner's Permit (CLP) required.
9    (a) Except as expressly permitted by this UCDLA, or when
10driving pursuant to the issuance of a commercial learner's
11permit and accompanied by the holder of a CDL valid for the
12vehicle being driven; no person shall drive a commercial motor
13vehicle on the highways without:
14        (1) a CDL in the driver's possession;
15        (2) having obtained a CLP or CDL;
16        (3) the proper class of CLP or CDL or endorsements or
17    both for the specific vehicle group being operated or for
18    the passengers or type of cargo being transported; or
19        (4) a copy of a medical variance document, if one
20    exists, such as an exemption letter or a skill performance
21    evaluation certificate.
22    (a-5) A CLP or CDL holder whose CLP or CDL is held by this
23State or any other state in the course of enforcement of a

 

 

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1motor vehicle traffic code and who has not been convicted of a
2disqualifying offense under 49 C.F.R. 383.51 based on this
3enforcement, may drive a CMV while holding a dated receipt for
4the CLP or CDL.
5    (b) Except as otherwise provided by this Code, no person
6may drive a commercial motor vehicle on the highways while
7such person's driving privilege, license, or permit is:
8        (1) Suspended, revoked, cancelled, or subject to
9    disqualification. Any person convicted of violating this
10    provision or a similar provision of this or any other
11    state shall have their driving privileges revoked under
12    paragraph 12 of subsection (a) of Section 6-205 of this
13    Code.
14        (2) Subject to or in violation of an "out-of-service"
15    order. Any person who has been issued a CLP or CDL and is
16    convicted of violating this provision or a similar
17    provision of any other state shall be disqualified from
18    operating a commercial motor vehicle under subsection (i)
19    of Section 6-514 of this Code.
20        (3) Subject to or in violation of a driver or vehicle
21    "out of service" order while operating a vehicle designed
22    to transport 16 or more passengers, including the driver,
23    or transporting hazardous materials required to be
24    placarded. Any person who has been issued a CLP or CDL and
25    is convicted of violating this provision or a similar
26    provision of this or any other state shall be disqualified

 

 

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1    from operating a commercial motor vehicle under subsection
2    (i) of Section 6-514 of this Code.
3    (b-3) Except as otherwise provided by this Code, no person
4may drive a commercial motor vehicle on the highways during a
5period which the commercial motor vehicle or the motor carrier
6operation is subject to an "out-of-service" order. Any person
7who is convicted of violating this provision or a similar
8provision of any other state shall be disqualified from
9operating a commercial motor vehicle under subsection (i) of
10Section 6-514 of this Code.
11    (b-5) Except as otherwise provided by this Code, no person
12may operate a vehicle designed to transport 16 or more
13passengers including the driver or hazardous materials of a
14type or quantity that requires the vehicle to be placarded
15during a period in which the commercial motor vehicle or the
16motor carrier operation is subject to an "out-of-service"
17order. Any person who is convicted of violating this provision
18or a similar provision of any other state shall be
19disqualified from operating a commercial motor vehicle under
20subsection (i) of Section 6-514 of this Code.
21    (c) Pursuant to the options provided to the States by FHWA
22Docket No. MC-88-8, the driver of any motor vehicle controlled
23or operated by or for a farmer is waived from the requirements
24of this Section, when such motor vehicle is being used to
25transport: agricultural products; implements of husbandry; or
26farm supplies; to and from a farm, as long as such movement is

 

 

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1not over 150 air miles from the originating farm. This waiver
2does not apply to the driver of any motor vehicle being used in
3a common or contract carrier type operation. However, for
4those drivers of any truck-tractor semitrailer combination or
5combinations registered under subsection (c) of Section 3-815
6of this Code, this waiver shall apply only when the driver is a
7farmer or a member of the farmer's family and the driver is 21
8years of age or more and has successfully completed any tests
9the Secretary of State deems necessary.
10    In addition, the farmer or a member of the farmer's family
11who operates a truck-tractor semitrailer combination or
12combinations pursuant to this waiver shall be granted all of
13the rights and shall be subject to all of the duties and
14restrictions with respect to Sections 6-514 and 6-515 of this
15Code applicable to the driver who possesses a commercial
16driver's license issued under this Code, except that the
17driver shall not be subject to any additional duties or
18restrictions contained in Part 382 of the Federal Motor
19Carrier Safety Regulations that are not otherwise imposed
20under Section 6-514 or 6-515 of this Code.
21    For purposes of this subsection (c), a member of the
22farmer's family is a natural or in-law spouse, child, parent,
23or sibling.
24    As required under the Code of Federal Regulations 49 CFR
25390.39, an operator of a covered farm vehicle, as defined
26under Section 18b-101 of this Code, is exempt from the

 

 

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1requirements of this Section. However, for drivers of any
2truck-tractor semitrailer combination or combinations
3operating as a covered farm vehicle, the driver must
4successfully complete any tests the Secretary of State deems
5necessary. When operating any truck-tractor semitrailer
6combination as a covered farm vehicle, the exemption applies
7only to persons age 21 or older, if operating the vehicle in
8interstate driving, and to persons at least 18 years of age, if
9operating the vehicle in intrastate driving. The Secretary may
10adopt rules necessary to implement this Section.
11    (c-5) An employee of a township or road district with a
12population of less than 3,000 operating a vehicle within the
13boundaries of the township or road district for the purpose of
14removing snow or ice from a roadway by plowing, sanding, or
15salting is waived from the requirements of this Section when
16the employee is needed to operate the vehicle because the
17employee of the township or road district who ordinarily
18operates the vehicle and who has a commercial driver's license
19is unable to operate the vehicle or is in need of additional
20assistance due to a snow emergency.
21    (c-10) A driver of a commercial motor vehicle used
22primarily in the transportation of propane winter heating fuel
23or a driver of a motor vehicle used to respond to a pipeline
24emergency is waived from the requirements of this Section if
25such requirements would prevent the driver from responding to
26an emergency condition requiring immediate response as defined

 

 

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1in 49 C.F.R. Part 390.5.
2    (c-15) A driver of a commercial motor vehicle who hauls
3harvest goods for a farm is waived from the requirements of
4this Section when the driver:
5        (1) is the owner or an employee of the farm hauling the
6    harvest goods; and
7        (2) is within a 150-mile radius of the farm hauling
8    the harvest goods.
9    (d) Any person convicted of violating this Section, shall
10be guilty of a Class A misdemeanor.
11    (e) Any person convicted of violating paragraph (1) of
12subsection (b) of this Section, shall have all driving
13privileges revoked by the Secretary of State.
14    (f) This Section shall not apply to:
15        (1) A person who currently holds a valid Illinois
16    driver's license, for the type of vehicle being operated,
17    until the expiration of such license or April 1, 1992,
18    whichever is earlier; or
19        (2) A non-Illinois domiciliary who is properly
20    licensed in another State, until April 1, 1992. A
21    non-Illinois domiciliary, if such domiciliary is properly
22    licensed in another State or foreign jurisdiction, until
23    April 1, 1992.
24(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and
25Section 10 of P.A. 99-414 for the effective date of changes
26made by P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff.

 

 

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17-22-16.)
 
2    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
3    Sec. 6-508. Commercial Driver's License (CDL);
4qualification standards.
5    (a) Testing.
6        (1) General. No person shall be issued an original or
7    renewal CDL unless that person is domiciled in this State
8    or is applying for a non-domiciled CDL under Sections
9    6-509 and 6-510 of this Code. The Secretary shall cause to
10    be administered such tests as the Secretary deems
11    necessary to meet the requirements of 49 CFR Part 383,
12    subparts F, G, H, and J.
13        (1.5) Effective July 1, 2014, no person shall be
14    issued an original CDL or an upgraded CDL that requires a
15    skills test unless that person has held a CLP, for a
16    minimum of 14 calendar days, for the classification of
17    vehicle and endorsement, if any, for which the person is
18    seeking a CDL.
19        (2) Third party testing. The Secretary of State may
20    authorize a "third party tester", pursuant to 49 CFR
21    383.75 and 49 CFR 384.228 and 384.229, to administer the
22    skills test or tests specified by the Federal Motor
23    Carrier Safety Administration pursuant to the Commercial
24    Motor Vehicle Safety Act of 1986 and any appropriate
25    federal rule.

 

 

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1        (3)(i) Effective February 7, 2020, unless the person
2    is exempted by 49 CFR 380.603, no person shall be issued an
3    original (first time issuance) CDL, an upgraded CDL or a
4    school bus (S), passenger (P), or hazardous Materials (H)
5    endorsement unless the person has successfully completed
6    entry-level driver training (ELDT) taught by a training
7    provider listed on the federal Training Provider Registry.
8        (ii) Persons who obtain a CLP before February 7, 2020
9    are not required to complete ELDT if the person obtains a
10    CDL before the CLP or renewed CLP expires.
11        (iii) Except for persons seeking the H endorsement,
12    persons must complete the theory and behind-the-wheel
13    (range and public road) portions of ELDT within one year
14    of completing the first portion.
15        (iv) The Secretary shall adopt rules to implement this
16    subsection.
17    (b) Waiver of Skills Test. The Secretary of State may
18waive the skills test specified in this Section for a driver
19applicant for a commercial driver license who meets the
20requirements of 49 CFR 383.77. The Secretary of State shall
21waive the skills tests specified in this Section for a driver
22applicant who has military commercial motor vehicle
23experience, subject to the requirements of 49 CFR 383.77.
24    (b-1) No person shall be issued a CDL unless the person
25certifies to the Secretary one of the following types of
26driving operations in which he or she will be engaged:

 

 

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1        (1) non-excepted interstate;
2        (2) non-excepted intrastate;
3        (3) excepted interstate; or
4        (4) excepted intrastate.
5    (b-2) (Blank).
6    (b-3) Exemption from new testing requirements for farm
7vehicles. An individual who operates a commercial driver's
8license for farm vehicles shall be exempt from new testing
9requirements if the farm vehicle is used in the State and is
10used for agricultural purposes.
11    (c) Limitations on issuance of a CDL. A CDL shall not be
12issued to a person while the person is subject to a
13disqualification from driving a commercial motor vehicle, or
14unless otherwise permitted by this Code, while the person's
15driver's license is suspended, revoked, or cancelled in any
16state, or any territory or province of Canada; nor may a CLP or
17CDL be issued to a person who has a CLP or CDL issued by any
18other state, or foreign jurisdiction, nor may a CDL be issued
19to a person who has an Illinois CLP unless the person first
20surrenders all of these licenses or permits. However, a person
21may hold an Illinois CLP and an Illinois CDL providing the CLP
22is necessary to train or practice for an endorsement or
23vehicle classification not present on the current CDL. No CDL
24shall be issued to or renewed for a person who does not meet
25the requirement of 49 CFR 391.41(b)(11). The requirement may
26be met with the aid of a hearing aid.

 

 

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1    (c-1) The Secretary may issue a CDL with a school bus
2driver endorsement to allow a person to drive the type of bus
3described in subsection (d-5) of Section 6-104 of this Code.
4The CDL with a school bus driver endorsement may be issued only
5to a person meeting the following requirements:
6        (1) the person has submitted his or her fingerprints
7    to the Illinois State Police in the form and manner
8    prescribed by the Illinois State Police. These
9    fingerprints shall be checked against the fingerprint
10    records now and hereafter filed in the Illinois State
11    Police and Federal Bureau of Investigation criminal
12    history records databases;
13        (2) the person has passed a written test, administered
14    by the Secretary of State, on charter bus operation,
15    charter bus safety, and certain special traffic laws
16    relating to school buses determined by the Secretary of
17    State to be relevant to charter buses, and submitted to a
18    review of the driver applicant's driving habits by the
19    Secretary of State at the time the written test is given;
20        (3) the person has demonstrated physical fitness to
21    operate school buses by submitting the results of a
22    medical examination, including tests for drug use; and
23        (4) the person has not been convicted of committing or
24    attempting to commit any one or more of the following
25    offenses: (i) those offenses defined in Sections 8-1.2,
26    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,

 

 

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1    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
2    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
3    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
4    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
5    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
6    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
7    11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
8    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
9    12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
10    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
11    12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
12    16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,
13    20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
14    24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
15    24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
16    subsection (b) of Section 8-1, and in subdivisions (a)(1),
17    (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
18    of Section 12-3.05, and in subsection (a) and subsection
19    (b), clause (1), of Section 12-4, and in subsection (A),
20    clauses (a) and (b), of Section 24-3, and those offenses
21    contained in Article 29D of the Criminal Code of 1961 or
22    the Criminal Code of 2012; (ii) those offenses defined in
23    the Cannabis Control Act except those offenses defined in
24    subsections (a) and (b) of Section 4, and subsection (a)
25    of Section 5 of the Cannabis Control Act; (iii) those
26    offenses defined in the Illinois Controlled Substances

 

 

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1    Act; (iv) those offenses defined in the Methamphetamine
2    Control and Community Protection Act; (v) any offense
3    committed or attempted in any other state or against the
4    laws of the United States, which if committed or attempted
5    in this State would be punishable as one or more of the
6    foregoing offenses; (vi) the offenses defined in Sections
7    4.1 and 5.1 of the Wrongs to Children Act or Section
8    11-9.1A of the Criminal Code of 1961 or the Criminal Code
9    of 2012; (vii) those offenses defined in Section 6-16 of
10    the Liquor Control Act of 1934; and (viii) those offenses
11    defined in the Methamphetamine Precursor Control Act.
12    The Illinois State Police shall charge a fee for
13conducting the criminal history records check, which shall be
14deposited into the State Police Services Fund and may not
15exceed the actual cost of the records check.
16    (c-2) The Secretary shall issue a CDL with a school bus
17endorsement to allow a person to drive a school bus as defined
18in this Section. The CDL shall be issued according to the
19requirements outlined in 49 CFR 383. A person may not operate a
20school bus as defined in this Section without a school bus
21endorsement. The Secretary of State may adopt rules consistent
22with Federal guidelines to implement this subsection (c-2).
23    (d) (Blank).
24(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;
25102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff.
265-13-22.)