HB3149 EnrolledLRB103 30978 MXP 57571 b

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 6-500, 6-507.5, 6-514, 7-315, 7-318,
611-1201, 11-1202, and 11-1425 and by adding Section 6-508.5 as
7follows:
 
8    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
9    (Text of Section before amendment by P.A. 102-982)
10    Sec. 6-500. Definitions of words and phrases.
11Notwithstanding the definitions set forth elsewhere in this
12Code, for purposes of the Uniform Commercial Driver's License
13Act (UCDLA), the words and phrases listed below have the
14meanings ascribed to them as follows:
15    (1) Alcohol. "Alcohol" means any substance containing any
16form of alcohol, including but not limited to ethanol,
17methanol, propanol, and isopropanol.
18    (2) Alcohol concentration. "Alcohol concentration" means:
19        (A) the number of grams of alcohol per 210 liters of
20    breath; or
21        (B) the number of grams of alcohol per 100 milliliters
22    of blood; or
23        (C) the number of grams of alcohol per 67 milliliters

 

 

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1    of urine.
2    Alcohol tests administered within 2 hours of the driver
3being "stopped or detained" shall be considered that driver's
4"alcohol concentration" for the purposes of enforcing this
5UCDLA.
6    (3) (Blank).
7    (4) (Blank).
8    (5) (Blank).
9    (5.3) CDLIS driver record. "CDLIS driver record" means the
10electronic record of the individual CDL driver's status and
11history stored by the State-of-Record as part of the
12Commercial Driver's License Information System, or CDLIS,
13established under 49 U.S.C. 31309.
14    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
15record" or "CDLIS MVR" means a report generated from the CDLIS
16driver record meeting the requirements for access to CDLIS
17information and provided by states to users authorized in 49
18C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
19Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
20    (5.7) Commercial driver's license downgrade. "Commercial
21driver's license downgrade" or "CDL downgrade" means either:
22        (A) a state allows the driver to change his or her
23    self-certification to interstate, but operating
24    exclusively in transportation or operation excepted from
25    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
26    391.2, 391.68, or 398.3;

 

 

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1        (B) a state allows the driver to change his or her
2    self-certification to intrastate only, if the driver
3    qualifies under that state's physical qualification
4    requirements for intrastate only;
5        (C) a state allows the driver to change his or her
6    certification to intrastate, but operating exclusively in
7    transportation or operations excepted from all or part of
8    the state driver qualification requirements; or
9        (D) a state removes the CDL privilege from the driver
10    license.
11    (6) Commercial Motor Vehicle.
12        (A) "Commercial motor vehicle" or "CMV" means a motor
13    vehicle or combination of motor vehicles used in commerce,
14    except those referred to in subdivision (B), designed to
15    transport passengers or property if the motor vehicle:
16            (i) has a gross combination weight rating or gross
17        combination weight of 11,794 kilograms or more (26,001
18        pounds or more), whichever is greater, inclusive of
19        any towed unit with a gross vehicle weight rating or
20        gross vehicle weight of more than 4,536 kilograms
21        (10,000 pounds), whichever is greater; or
22            (i-5) has a gross vehicle weight rating or gross
23        vehicle weight of 11,794 or more kilograms (26,001
24        pounds or more), whichever is greater; or
25            (ii) is designed to transport 16 or more persons,
26        including the driver; or

 

 

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1            (iii) is of any size and is used in transporting
2        hazardous materials as defined in 49 C.F.R. 383.5.
3        (B) Pursuant to the interpretation of the Commercial
4    Motor Vehicle Safety Act of 1986 by the Federal Highway
5    Administration, the definition of "commercial motor
6    vehicle" does not include:
7            (i) recreational vehicles, when operated primarily
8        for personal use;
9            (ii) vehicles owned by or operated under the
10        direction of the United States Department of Defense
11        or the United States Coast Guard only when operated by
12        non-civilian personnel. This includes any operator on
13        active military duty; members of the Reserves;
14        National Guard; personnel on part-time training; and
15        National Guard military technicians (civilians who are
16        required to wear military uniforms and are subject to
17        the Code of Military Justice); or
18            (iii) firefighting, police, and other emergency
19        equipment (including, without limitation, equipment
20        owned or operated by a HazMat or technical rescue team
21        authorized by a county board under Section 5-1127 of
22        the Counties Code), with audible and visual signals,
23        owned or operated by or for a governmental entity,
24        which is necessary to the preservation of life or
25        property or the execution of emergency governmental
26        functions which are normally not subject to general

 

 

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1        traffic rules and regulations.
2    (7) Controlled Substance. "Controlled substance" shall
3have the same meaning as defined in Section 102 of the Illinois
4Controlled Substances Act, and shall also include cannabis as
5defined in Section 3 of the Cannabis Control Act and
6methamphetamine as defined in Section 10 of the
7Methamphetamine Control and Community Protection Act.
8    (8) Conviction. "Conviction" means an unvacated
9adjudication of guilt or a determination that a person has
10violated or failed to comply with the law in a court of
11original jurisdiction or by an authorized administrative
12tribunal; an unvacated revocation of pretrial release; a plea
13of guilty or nolo contendere accepted by the court; or the
14payment of a fine or court cost regardless of whether the
15imposition of sentence is deferred and ultimately a judgment
16dismissing the underlying charge is entered.
17    (8.5) Day. "Day" means calendar day.
18    (9) (Blank).
19    (10) (Blank).
20    (11) (Blank).
21    (12) (Blank).
22    (13) Driver. "Driver" means any person who drives,
23operates, or is in physical control of a commercial motor
24vehicle, any person who is required to hold a CDL, or any
25person who is a holder of a CDL while operating a
26non-commercial motor vehicle.

 

 

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1    (13.5) Driver applicant. "Driver applicant" means an
2individual who applies to a state or other jurisdiction to
3obtain, transfer, upgrade, or renew a CDL or to obtain or renew
4a CLP.
5    (13.6) Drug and alcohol clearinghouse. "Drug and alcohol
6clearinghouse" means a database system established by the
7Federal Motor Carrier Safety Administration that permits the
8access and retrieval of a drug and alcohol testing violation
9or violations precluding an applicant or employee from
10occupying safety-sensitive positions involving the operation
11of a commercial motor vehicle.
12    (13.8) Electronic device. "Electronic device" includes,
13but is not limited to, a cellular telephone, personal digital
14assistant, pager, computer, or any other device used to input,
15write, send, receive, or read text.
16    (14) Employee. "Employee" means a person who is employed
17as a commercial motor vehicle driver. A person who is
18self-employed as a commercial motor vehicle driver must comply
19with the requirements of this UCDLA pertaining to employees.
20An owner-operator on a long-term lease shall be considered an
21employee.
22    (15) Employer. "Employer" means a person (including the
23United States, a State or a local authority) who owns or leases
24a commercial motor vehicle or assigns employees to operate
25such a vehicle. A person who is self-employed as a commercial
26motor vehicle driver must comply with the requirements of this

 

 

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1UCDLA.
2    (15.1) Endorsement. "Endorsement" means an authorization
3to an individual's CLP or CDL required to permit the
4individual to operate certain types of commercial motor
5vehicles.
6    (15.2) Entry-level driver training. "Entry-level driver
7training" means the training an entry-level driver receives
8from an entity listed on the Federal Motor Carrier Safety
9Administration's Training Provider Registry prior to: (i)
10taking the CDL skills test required to receive the Class A or
11Class B CDL for the first time; (ii) taking the CDL skills test
12required to upgrade to a Class A or Class B CDL; or (iii)
13taking the CDL skills test required to obtain a passenger or
14school bus endorsement for the first time or the CDL knowledge
15test required to obtain a hazardous materials endorsement for
16the first time.
17    (15.3) Excepted interstate. "Excepted interstate" means a
18person who operates or expects to operate in interstate
19commerce, but engages exclusively in transportation or
20operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
21or 398.3 from all or part of the qualification requirements of
2249 C.F.R. Part 391 and is not required to obtain a medical
23examiner's certificate by 49 C.F.R. 391.45.
24    (15.5) Excepted intrastate. "Excepted intrastate" means a
25person who operates in intrastate commerce but engages
26exclusively in transportation or operations excepted from all

 

 

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1or parts of the state driver qualification requirements.
2    (16) (Blank).
3    (16.5) Fatality. "Fatality" means the death of a person as
4a result of a motor vehicle accident.
5    (16.7) Foreign commercial driver. "Foreign commercial
6driver" means a person licensed to operate a commercial motor
7vehicle by an authority outside the United States, or a
8citizen of a foreign country who operates a commercial motor
9vehicle in the United States.
10    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
11sovereign jurisdiction that does not fall within the
12definition of "State".
13    (18) (Blank).
14    (19) (Blank).
15    (20) Hazardous materials. "Hazardous material" means any
16material that has been designated under 49 U.S.C. 5103 and is
17required to be placarded under subpart F of 49 C.F.R. part 172
18or any quantity of a material listed as a select agent or toxin
19in 42 C.F.R. part 73.
20    (20.5) Imminent Hazard. "Imminent hazard" means the
21existence of any condition of a vehicle, employee, or
22commercial motor vehicle operations that substantially
23increases the likelihood of serious injury or death if not
24discontinued immediately; or a condition relating to hazardous
25material that presents a substantial likelihood that death,
26serious illness, severe personal injury, or a substantial

 

 

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1endangerment to health, property, or the environment may occur
2before the reasonably foreseeable completion date of a formal
3proceeding begun to lessen the risk of that death, illness,
4injury or endangerment.
5    (20.6) Issuance. "Issuance" means initial issuance,
6transfer, renewal, or upgrade of a CLP or CDL and
7non-domiciled CLP or CDL.
8    (20.7) Issue. "Issue" means initial issuance, transfer,
9renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
10non-domiciled CDL.
11    (21) Long-term lease. "Long-term lease" means a lease of a
12commercial motor vehicle by the owner-lessor to a lessee, for
13a period of more than 29 days.
14    (21.01) Manual transmission. "Manual transmission" means a
15transmission utilizing a driver-operated clutch that is
16activated by a pedal or lever and a gear-shift mechanism
17operated either by hand or foot including those known as a
18stick shift, stick, straight drive, or standard transmission.
19All other transmissions, whether semi-automatic or automatic,
20shall be considered automatic for the purposes of the
21standardized restriction code.
22    (21.1) Medical examiner. "Medical examiner" means an
23individual certified by the Federal Motor Carrier Safety
24Administration and listed on the National Registry of
25Certified Medical Examiners in accordance with Federal Motor
26Carrier Safety Regulations, 49 CFR 390.101 et seq.

 

 

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1    (21.2) Medical examiner's certificate. "Medical examiner's
2certificate" means either (1) prior to June 22, 2021, a
3document prescribed or approved by the Secretary of State that
4is issued by a medical examiner to a driver to medically
5qualify him or her to drive; or (2) beginning June 22, 2021, an
6electronic submission of results of an examination conducted
7by a medical examiner listed on the National Registry of
8Certified Medical Examiners to the Federal Motor Carrier
9Safety Administration of a driver to medically qualify him or
10her to drive.
11    (21.5) Medical variance. "Medical variance" means a driver
12has received one of the following from the Federal Motor
13Carrier Safety Administration which allows the driver to be
14issued a medical certificate: (1) an exemption letter
15permitting operation of a commercial motor vehicle pursuant to
1649 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
17skill performance evaluation (SPE) certificate permitting
18operation of a commercial motor vehicle pursuant to 49 C.F.R.
19391.49.
20    (21.7) Mobile telephone. "Mobile telephone" means a mobile
21communication device that falls under or uses any commercial
22mobile radio service, as defined in regulations of the Federal
23Communications Commission, 47 CFR 20.3. It does not include
24two-way or citizens band radio services.
25    (22) Motor Vehicle. "Motor vehicle" means every vehicle
26which is self-propelled, and every vehicle which is propelled

 

 

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1by electric power obtained from over head trolley wires but
2not operated upon rails, except vehicles moved solely by human
3power and motorized wheel chairs.
4    (22.2) Motor vehicle record. "Motor vehicle record" means
5a report of the driving status and history of a driver
6generated from the driver record provided to users, such as
7drivers or employers, and is subject to the provisions of the
8Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
9    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
10combination of motor vehicles not defined by the term
11"commercial motor vehicle" or "CMV" in this Section.
12    (22.7) Non-excepted interstate. "Non-excepted interstate"
13means a person who operates or expects to operate in
14interstate commerce, is subject to and meets the qualification
15requirements under 49 C.F.R. Part 391, and is required to
16obtain a medical examiner's certificate by 49 C.F.R. 391.45.
17    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
18means a person who operates only in intrastate commerce and is
19subject to State driver qualification requirements.
20    (23) Non-domiciled CLP or Non-domiciled CDL.
21"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
22respectively, issued by a state or other jurisdiction under
23either of the following two conditions:
24        (i) to an individual domiciled in a foreign country
25    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
26    of the Federal Motor Carrier Safety Administration.

 

 

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1        (ii) to an individual domiciled in another state
2    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
3    of the Federal Motor Carrier Safety Administration.
4    (24) (Blank).
5    (25) (Blank).
6    (25.5) Railroad-Highway Grade Crossing Violation.
7"Railroad-highway grade crossing violation" means a violation,
8while operating a commercial motor vehicle, of any of the
9following:
10        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
11        (B) Any other similar law or local ordinance of any
12    state relating to railroad-highway grade crossing.
13    (25.7) School Bus. "School bus" means a commercial motor
14vehicle used to transport pre-primary, primary, or secondary
15school students from home to school, from school to home, or to
16and from school-sponsored events. "School bus" does not
17include a bus used as a common carrier.
18    (26) Serious Traffic Violation. "Serious traffic
19violation" means:
20        (A) a conviction when operating a commercial motor
21    vehicle, or when operating a non-CMV while holding a CLP
22    or CDL, of:
23            (i) a violation relating to excessive speeding,
24        involving a single speeding charge of 15 miles per
25        hour or more above the legal speed limit; or
26            (ii) a violation relating to reckless driving; or

 

 

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1            (iii) a violation of any State law or local
2        ordinance relating to motor vehicle traffic control
3        (other than parking violations) arising in connection
4        with a fatal traffic accident; or
5            (iv) a violation of Section 6-501, relating to
6        having multiple driver's licenses; or
7            (v) a violation of paragraph (a) of Section 6-507,
8        relating to the requirement to have a valid CLP or CDL;
9        or
10            (vi) a violation relating to improper or erratic
11        traffic lane changes; or
12            (vii) a violation relating to following another
13        vehicle too closely; or
14            (viii) a violation relating to texting while
15        driving; or
16            (ix) a violation relating to the use of a
17        hand-held mobile telephone while driving; or
18        (B) any other similar violation of a law or local
19    ordinance of any state relating to motor vehicle traffic
20    control, other than a parking violation, which the
21    Secretary of State determines by administrative rule to be
22    serious.
23    (27) State. "State" means a state of the United States,
24the District of Columbia and any province or territory of
25Canada.
26    (28) (Blank).

 

 

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1    (29) (Blank).
2    (30) (Blank).
3    (31) (Blank).
4    (32) Texting. "Texting" means manually entering
5alphanumeric text into, or reading text from, an electronic
6device.
7        (1) Texting includes, but is not limited to, short
8    message service, emailing, instant messaging, a command or
9    request to access a World Wide Web page, pressing more
10    than a single button to initiate or terminate a voice
11    communication using a mobile telephone, or engaging in any
12    other form of electronic text retrieval or entry for
13    present or future communication.
14        (2) Texting does not include:
15            (i) inputting, selecting, or reading information
16        on a global positioning system or navigation system;
17        or
18            (ii) pressing a single button to initiate or
19        terminate a voice communication using a mobile
20        telephone; or
21            (iii) using a device capable of performing
22        multiple functions (for example, a fleet management
23        system, dispatching device, smart phone, citizens band
24        radio, or music player) for a purpose that is not
25        otherwise prohibited by Part 392 of the Federal Motor
26        Carrier Safety Regulations.

 

 

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1    (32.3) Third party skills test examiner. "Third party
2skills test examiner" means a person employed by a third party
3tester who is authorized by the State to administer the CDL
4skills tests specified in 49 C.F.R. Part 383, subparts G and H.
5    (32.5) Third party tester. "Third party tester" means a
6person (including, but not limited to, another state, a motor
7carrier, a private driver training facility or other private
8institution, or a department, agency, or instrumentality of a
9local government) authorized by the State to employ skills
10test examiners to administer the CDL skills tests specified in
1149 C.F.R. Part 383, subparts G and H.
12    (32.7) United States. "United States" means the 50 states
13and the District of Columbia.
14    (33) Use a hand-held mobile telephone. "Use a hand-held
15mobile telephone" means:
16        (1) using at least one hand to hold a mobile telephone
17    to conduct a voice communication;
18        (2) dialing or answering a mobile telephone by
19    pressing more than a single button; or
20        (3) reaching for a mobile telephone in a manner that
21    requires a driver to maneuver so that he or she is no
22    longer in a seated driving position, restrained by a seat
23    belt that is installed in accordance with 49 CFR 393.93
24    and adjusted in accordance with the vehicle manufacturer's
25    instructions.
26(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;

 

 

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1101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
2    (Text of Section after amendment by P.A. 102-982)
3    Sec. 6-500. Definitions of words and phrases.
4Notwithstanding the definitions set forth elsewhere in this
5Code, for purposes of the Uniform Commercial Driver's License
6Act (UCDLA), the words and phrases listed below have the
7meanings ascribed to them as follows:
8    (1) Alcohol. "Alcohol" means any substance containing any
9form of alcohol, including but not limited to ethanol,
10methanol, propanol, and isopropanol.
11    (2) Alcohol concentration. "Alcohol concentration" means:
12        (A) the number of grams of alcohol per 210 liters of
13    breath; or
14        (B) the number of grams of alcohol per 100 milliliters
15    of blood; or
16        (C) the number of grams of alcohol per 67 milliliters
17    of urine.
18    Alcohol tests administered within 2 hours of the driver
19being "stopped or detained" shall be considered that driver's
20"alcohol concentration" for the purposes of enforcing this
21UCDLA.
22    (3) (Blank).
23    (4) (Blank).
24    (5) (Blank).
25    (5.3) CDLIS driver record. "CDLIS driver record" means the

 

 

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1electronic record of the individual CDL driver's status and
2history stored by the State-of-Record as part of the
3Commercial Driver's License Information System, or CDLIS,
4established under 49 U.S.C. 31309.
5    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
6record" or "CDLIS MVR" means a report generated from the CDLIS
7driver record meeting the requirements for access to CDLIS
8information and provided by states to users authorized in 49
9C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
10Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
11    (5.7) Commercial driver's license downgrade. "Commercial
12driver's license downgrade" or "CDL downgrade" means either:
13        (A) a state allows the driver to change his or her
14    self-certification to interstate, but operating
15    exclusively in transportation or operation excepted from
16    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
17    391.2, 391.68, or 398.3;
18        (B) a state allows the driver to change his or her
19    self-certification to intrastate only, if the driver
20    qualifies under that state's physical qualification
21    requirements for intrastate only;
22        (C) a state allows the driver to change his or her
23    certification to intrastate, but operating exclusively in
24    transportation or operations excepted from all or part of
25    the state driver qualification requirements; or
26        (D) a state removes the CDL privilege from the driver

 

 

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1    license.
2    (6) Commercial Motor Vehicle.
3        (A) "Commercial motor vehicle" or "CMV" means a motor
4    vehicle or combination of motor vehicles used in commerce,
5    except those referred to in subdivision (B), designed to
6    transport passengers or property if the motor vehicle:
7            (i) has a gross combination weight rating or gross
8        combination weight of 11,794 kilograms or more (26,001
9        pounds or more), whichever is greater, inclusive of
10        any towed unit with a gross vehicle weight rating or
11        gross vehicle weight of more than 4,536 kilograms
12        (10,000 pounds), whichever is greater; or
13            (i-5) has a gross vehicle weight rating or gross
14        vehicle weight of 11,794 or more kilograms (26,001
15        pounds or more), whichever is greater; or
16            (ii) is designed to transport 16 or more persons,
17        including the driver; or
18            (iii) is of any size and is used in transporting
19        hazardous materials as defined in 49 C.F.R. 383.5.
20        (B) Pursuant to the interpretation of the Commercial
21    Motor Vehicle Safety Act of 1986 by the Federal Highway
22    Administration, the definition of "commercial motor
23    vehicle" does not include:
24            (i) recreational vehicles, when operated primarily
25        for personal use;
26            (ii) vehicles owned by or operated under the

 

 

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1        direction of the United States Department of Defense
2        or the United States Coast Guard only when operated by
3        non-civilian personnel. This includes any operator on
4        active military duty; members of the Reserves;
5        National Guard; personnel on part-time training; and
6        National Guard military technicians (civilians who are
7        required to wear military uniforms and are subject to
8        the Code of Military Justice); or
9            (iii) firefighting, police, and other emergency
10        equipment (including, without limitation, equipment
11        owned or operated by a HazMat or technical rescue team
12        authorized by a county board under Section 5-1127 of
13        the Counties Code), with audible and visual signals,
14        owned or operated by or for a governmental entity,
15        which is necessary to the preservation of life or
16        property or the execution of emergency governmental
17        functions which are normally not subject to general
18        traffic rules and regulations.
19    (7) Controlled Substance. "Controlled substance" shall
20have the same meaning as defined in Section 102 of the Illinois
21Controlled Substances Act, and shall also include cannabis as
22defined in Section 3 of the Cannabis Control Act and
23methamphetamine as defined in Section 10 of the
24Methamphetamine Control and Community Protection Act.
25    (8) Conviction. "Conviction" means an unvacated
26adjudication of guilt or a determination that a person has

 

 

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1violated or failed to comply with the law in a court of
2original jurisdiction or by an authorized administrative
3tribunal; an unvacated revocation of pretrial release; a plea
4of guilty or nolo contendere accepted by the court; or the
5payment of a fine or court cost regardless of whether the
6imposition of sentence is deferred and ultimately a judgment
7dismissing the underlying charge is entered.
8    (8.5) Day. "Day" means calendar day.
9    (9) (Blank).
10    (10) (Blank).
11    (11) (Blank).
12    (12) (Blank).
13    (13) Driver. "Driver" means any person who drives,
14operates, or is in physical control of a commercial motor
15vehicle, any person who is required to hold a CDL, or any
16person who is a holder of a CDL while operating a
17non-commercial motor vehicle.
18    (13.5) Driver applicant. "Driver applicant" means an
19individual who applies to a state or other jurisdiction to
20obtain, transfer, upgrade, or renew a CDL or to obtain or renew
21a CLP.
22    (13.6) Drug and alcohol clearinghouse. "Drug and alcohol
23clearinghouse" means a database system established by the
24Federal Motor Carrier Safety Administration that permits the
25access and retrieval of a drug and alcohol testing violation
26or violations precluding an applicant or employee from

 

 

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1occupying safety-sensitive positions involving the operation
2of a commercial motor vehicle.
3    (13.8) Electronic device. "Electronic device" includes,
4but is not limited to, a cellular telephone, personal digital
5assistant, pager, computer, or any other device used to input,
6write, send, receive, or read text.
7    (14) Employee. "Employee" means a person who is employed
8as a commercial motor vehicle driver. A person who is
9self-employed as a commercial motor vehicle driver must comply
10with the requirements of this UCDLA pertaining to employees.
11An owner-operator on a long-term lease shall be considered an
12employee.
13    (15) Employer. "Employer" means a person (including the
14United States, a State or a local authority) who owns or leases
15a commercial motor vehicle or assigns employees to operate
16such a vehicle. A person who is self-employed as a commercial
17motor vehicle driver must comply with the requirements of this
18UCDLA.
19    (15.1) Endorsement. "Endorsement" means an authorization
20to an individual's CLP or CDL required to permit the
21individual to operate certain types of commercial motor
22vehicles.
23    (15.2) Entry-level driver training. "Entry-level driver
24training" means the training an entry-level driver receives
25from an entity listed on the Federal Motor Carrier Safety
26Administration's Training Provider Registry prior to: (i)

 

 

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1taking the CDL skills test required to receive the Class A or
2Class B CDL for the first time; (ii) taking the CDL skills test
3required to upgrade to a Class A or Class B CDL; or (iii)
4taking the CDL skills test required to obtain a passenger or
5school bus endorsement for the first time or the CDL knowledge
6test required to obtain a hazardous materials endorsement for
7the first time.
8    (15.3) Excepted interstate. "Excepted interstate" means a
9person who operates or expects to operate in interstate
10commerce, but engages exclusively in transportation or
11operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
12or 398.3 from all or part of the qualification requirements of
1349 C.F.R. Part 391 and is not required to obtain a medical
14examiner's certificate by 49 C.F.R. 391.45.
15    (15.5) Excepted intrastate. "Excepted intrastate" means a
16person who operates in intrastate commerce but engages
17exclusively in transportation or operations excepted from all
18or parts of the state driver qualification requirements.
19    (16) (Blank).
20    (16.5) Fatality. "Fatality" means the death of a person as
21a result of a motor vehicle crash.
22    (16.7) Foreign commercial driver. "Foreign commercial
23driver" means a person licensed to operate a commercial motor
24vehicle by an authority outside the United States, or a
25citizen of a foreign country who operates a commercial motor
26vehicle in the United States.

 

 

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1    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
2sovereign jurisdiction that does not fall within the
3definition of "State".
4    (18) (Blank).
5    (19) (Blank).
6    (20) Hazardous materials. "Hazardous material" means any
7material that has been designated under 49 U.S.C. 5103 and is
8required to be placarded under subpart F of 49 C.F.R. part 172
9or any quantity of a material listed as a select agent or toxin
10in 42 C.F.R. part 73.
11    (20.5) Imminent Hazard. "Imminent hazard" means the
12existence of any condition of a vehicle, employee, or
13commercial motor vehicle operations that substantially
14increases the likelihood of serious injury or death if not
15discontinued immediately; or a condition relating to hazardous
16material that presents a substantial likelihood that death,
17serious illness, severe personal injury, or a substantial
18endangerment to health, property, or the environment may occur
19before the reasonably foreseeable completion date of a formal
20proceeding begun to lessen the risk of that death, illness,
21injury or endangerment.
22    (20.6) Issuance. "Issuance" means initial issuance,
23transfer, renewal, or upgrade of a CLP or CDL and
24non-domiciled CLP or CDL.
25    (20.7) Issue. "Issue" means initial issuance, transfer,
26renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

 

 

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1non-domiciled CDL.
2    (21) Long-term lease. "Long-term lease" means a lease of a
3commercial motor vehicle by the owner-lessor to a lessee, for
4a period of more than 29 days.
5    (21.01) Manual transmission. "Manual transmission" means a
6transmission utilizing a driver-operated clutch that is
7activated by a pedal or lever and a gear-shift mechanism
8operated either by hand or foot including those known as a
9stick shift, stick, straight drive, or standard transmission.
10All other transmissions, whether semi-automatic or automatic,
11shall be considered automatic for the purposes of the
12standardized restriction code.
13    (21.1) Medical examiner. "Medical examiner" means an
14individual certified by the Federal Motor Carrier Safety
15Administration and listed on the National Registry of
16Certified Medical Examiners in accordance with Federal Motor
17Carrier Safety Regulations, 49 CFR 390.101 et seq.
18    (21.2) Medical examiner's certificate. "Medical examiner's
19certificate" means either (1) prior to June 22, 2021, a
20document prescribed or approved by the Secretary of State that
21is issued by a medical examiner to a driver to medically
22qualify him or her to drive; or (2) beginning June 22, 2021, an
23electronic submission of results of an examination conducted
24by a medical examiner listed on the National Registry of
25Certified Medical Examiners to the Federal Motor Carrier
26Safety Administration of a driver to medically qualify him or

 

 

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1her to drive.
2    (21.5) Medical variance. "Medical variance" means a driver
3has received one of the following from the Federal Motor
4Carrier Safety Administration which allows the driver to be
5issued a medical certificate: (1) an exemption letter
6permitting operation of a commercial motor vehicle pursuant to
749 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
8skill performance evaluation (SPE) certificate permitting
9operation of a commercial motor vehicle pursuant to 49 C.F.R.
10391.49.
11    (21.7) Mobile telephone. "Mobile telephone" means a mobile
12communication device that falls under or uses any commercial
13mobile radio service, as defined in regulations of the Federal
14Communications Commission, 47 CFR 20.3. It does not include
15two-way or citizens band radio services.
16    (22) Motor Vehicle. "Motor vehicle" means every vehicle
17which is self-propelled, and every vehicle which is propelled
18by electric power obtained from over head trolley wires but
19not operated upon rails, except vehicles moved solely by human
20power and motorized wheel chairs.
21    (22.2) Motor vehicle record. "Motor vehicle record" means
22a report of the driving status and history of a driver
23generated from the driver record provided to users, such as
24drivers or employers, and is subject to the provisions of the
25Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
26    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

 

 

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1combination of motor vehicles not defined by the term
2"commercial motor vehicle" or "CMV" in this Section.
3    (22.7) Non-excepted interstate. "Non-excepted interstate"
4means a person who operates or expects to operate in
5interstate commerce, is subject to and meets the qualification
6requirements under 49 C.F.R. Part 391, and is required to
7obtain a medical examiner's certificate by 49 C.F.R. 391.45.
8    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
9means a person who operates only in intrastate commerce and is
10subject to State driver qualification requirements.
11    (23) Non-domiciled CLP or Non-domiciled CDL.
12"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
13respectively, issued by a state or other jurisdiction under
14either of the following two conditions:
15        (i) to an individual domiciled in a foreign country
16    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
17    of the Federal Motor Carrier Safety Administration.
18        (ii) to an individual domiciled in another state
19    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
20    of the Federal Motor Carrier Safety Administration.
21    (24) (Blank).
22    (25) (Blank).
23    (25.5) Railroad-Highway Grade Crossing Violation.
24"Railroad-highway grade crossing violation" means a violation,
25while operating a commercial motor vehicle, of any of the
26following:

 

 

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1        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
2        (B) Any other similar law or local ordinance of any
3    state relating to railroad-highway grade crossing.
4    (25.7) School Bus. "School bus" means a commercial motor
5vehicle used to transport pre-primary, primary, or secondary
6school students from home to school, from school to home, or to
7and from school-sponsored events. "School bus" does not
8include a bus used as a common carrier.
9    (26) Serious Traffic Violation. "Serious traffic
10violation" means:
11        (A) a conviction when operating a commercial motor
12    vehicle, or when operating a non-CMV while holding a CLP
13    or CDL, of:
14            (i) a violation relating to excessive speeding,
15        involving a single speeding charge of 15 miles per
16        hour or more above the legal speed limit; or
17            (ii) a violation relating to reckless driving; or
18            (iii) a violation of any State law or local
19        ordinance relating to motor vehicle traffic control
20        (other than parking violations) arising in connection
21        with a fatal traffic crash; or
22            (iv) a violation of Section 6-501, relating to
23        having multiple driver's licenses; or
24            (v) a violation of paragraph (a) of Section 6-507,
25        relating to the requirement to have a valid CLP or CDL;
26        or

 

 

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1            (vi) a violation relating to improper or erratic
2        traffic lane changes; or
3            (vii) a violation relating to following another
4        vehicle too closely; or
5            (viii) a violation relating to texting while
6        driving; or
7            (ix) a violation relating to the use of a
8        hand-held mobile telephone while driving; or
9        (B) any other similar violation of a law or local
10    ordinance of any state relating to motor vehicle traffic
11    control, other than a parking violation, which the
12    Secretary of State determines by administrative rule to be
13    serious.
14    (27) State. "State" means a state of the United States,
15the District of Columbia and any province or territory of
16Canada.
17    (28) (Blank).
18    (29) (Blank).
19    (30) (Blank).
20    (31) (Blank).
21    (32) Texting. "Texting" means manually entering
22alphanumeric text into, or reading text from, an electronic
23device.
24        (1) Texting includes, but is not limited to, short
25    message service, emailing, instant messaging, a command or
26    request to access a World Wide Web page, pressing more

 

 

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1    than a single button to initiate or terminate a voice
2    communication using a mobile telephone, or engaging in any
3    other form of electronic text retrieval or entry for
4    present or future communication.
5        (2) Texting does not include:
6            (i) inputting, selecting, or reading information
7        on a global positioning system or navigation system;
8        or
9            (ii) pressing a single button to initiate or
10        terminate a voice communication using a mobile
11        telephone; or
12            (iii) using a device capable of performing
13        multiple functions (for example, a fleet management
14        system, dispatching device, smart phone, citizens band
15        radio, or music player) for a purpose that is not
16        otherwise prohibited by Part 392 of the Federal Motor
17        Carrier Safety Regulations.
18    (32.3) Third party skills test examiner. "Third party
19skills test examiner" means a person employed by a third party
20tester who is authorized by the State to administer the CDL
21skills tests specified in 49 C.F.R. Part 383, subparts G and H.
22    (32.5) Third party tester. "Third party tester" means a
23person (including, but not limited to, another state, a motor
24carrier, a private driver training facility or other private
25institution, or a department, agency, or instrumentality of a
26local government) authorized by the State to employ skills

 

 

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1test examiners to administer the CDL skills tests specified in
249 C.F.R. Part 383, subparts G and H.
3    (32.7) United States. "United States" means the 50 states
4and the District of Columbia.
5    (33) Use a hand-held mobile telephone. "Use a hand-held
6mobile telephone" means:
7        (1) using at least one hand to hold a mobile telephone
8    to conduct a voice communication;
9        (2) dialing or answering a mobile telephone by
10    pressing more than a single button; or
11        (3) reaching for a mobile telephone in a manner that
12    requires a driver to maneuver so that he or she is no
13    longer in a seated driving position, restrained by a seat
14    belt that is installed in accordance with 49 CFR 393.93
15    and adjusted in accordance with the vehicle manufacturer's
16    instructions.
17(Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;
18102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
 
19    (625 ILCS 5/6-507.5)
20    Sec. 6-507.5. Application for Commercial Learner's Permit
21(CLP).
22    (a) The application for a CLP must include, but is not
23limited to, the following:
24        (1) the driver applicant's full legal name and current
25    Illinois domiciliary address, unless the driver applicant

 

 

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1    is from a foreign country and is applying for a
2    non-domiciled CLP in which case the driver applicant shall
3    submit proof of Illinois residency or the driver applicant
4    is from another state and is applying for a non-domiciled
5    CLP in which case the driver applicant shall submit proof
6    of domicile in the state which issued the driver
7    applicant's Non-CDL;
8        (2) a physical description of the driver applicant
9    including gender, height, weight, color of eyes, and hair
10    color;
11        (3) date of birth;
12        (4) the driver applicant's social security number;
13        (5) the driver applicant's signature;
14        (6) the names of all states where the driver applicant
15    has previously been licensed to drive any type of motor
16    vehicle during the previous 10 years under 49 C.F.R. Part
17    383;
18        (7) proof of citizenship or lawful permanent residency
19    as set forth in Table 1 of 49 C.F.R. 383.71, unless the
20    driver applicant is from a foreign country and is applying
21    for a non-domiciled CLP, in which case the applicant must
22    provide an unexpired employment authorization document
23    (EAD) issued by USCIS or an unexpired foreign passport
24    accompanied by an approved I-94 form documenting the
25    applicant's most recent admittance into the United States;
26    and

 

 

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1        (8) any other information required by the Secretary of
2    State.
3    (b) Except as provided in subsection (b-5), no CLP shall
4be issued to a driver applicant unless the applicant has taken
5and passed a general knowledge test that meets the federal
6standards contained in 49 C.F.R. Part 383, subparts F, G, and H
7for the commercial motor vehicle the applicant expects to
8operate.
9    (b-5) The Secretary of State may waive the general
10knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a
11qualifying driver applicant of a commercial learner's permit.
12A qualifying driver applicant shall:
13        (1) be a current resident of this State;
14        (2) be a current or former member of the military
15    services, including a member of any reserve component or
16    National Guard unit;
17        (3) within one year prior to the application, have
18    been regularly employed in a military position that
19    requires the operation of large trucks;
20        (4) have received formal military training in the
21    operation of a vehicle similar to the commercial motor
22    vehicle the applicant expects to operate; and
23        (5) provide the Secretary of State with a general
24    knowledge test waiver form signed by the applicant and his
25    or her commanding officer certifying that the applicant
26    qualifies for the general knowledge test waiver.

 

 

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1    (c) No CLP shall be issued to a driver applicant unless the
2applicant possesses a valid Illinois driver's license or if
3the applicant is applying for a non-domiciled CLP under
4subsection (b) of Section 6-509 of this Code, in which case the
5driver applicant must possess a valid driver's license from
6his or her state of domicile.
7    (d) No CLP shall be issued to a person under 18 years of
8age.
9    (e) No person shall be issued a CLP unless the person
10certifies to the Secretary one of the following types of
11driving operations in which he or she will be engaged:
12        (1) non-excepted interstate;
13        (2) non-excepted intrastate;
14        (3) excepted interstate; or
15        (4) excepted intrastate.
16    (f) No person shall be issued a CLP unless the person
17certifies to the Secretary that he or she is not subject to any
18disqualification under 49 C.F.R. 383.51, or any license
19disqualification under State law, and that he or she does not
20have a driver's license from more than one state or
21jurisdiction.
22    (g) No CLP shall be issued to a person while the person is
23subject to a disqualification from driving a commercial motor
24vehicle, unless otherwise permitted by this Code, while the
25person's driver's license is suspended, revoked, or cancelled
26in any state, or any territory or province of Canada; nor may a

 

 

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1CLP be issued to a person who has a CLP or CDL issued by any
2other state or foreign jurisdiction, unless the person
3surrenders all of these licenses. No CLP shall be issued to or
4renewed for a person who does not meet the requirement of 49
5C.F.R. 391.41(b)(11). The requirement may be met with the aid
6of a hearing aid.
7    (h) No CLP with a Passenger, School Bus or Tank Vehicle
8endorsement shall be issued to a person unless the driver
9applicant has taken and passed the knowledge test for each
10endorsement.
11        (1) A CLP holder with a Passenger (P) endorsement is
12    prohibited from operating a CMV carrying passengers, other
13    than federal or State auditors and inspectors, test
14    examiners, or other trainees, and the CDL holder
15    accompanying the CLP holder as prescribed by subsection
16    (a) of Section 6-507 of this Code. The P endorsement must
17    be class specific.
18        (2) A CLP holder with a School Bus (S) endorsement is
19    prohibited from operating a school bus with passengers
20    other than federal or State auditors and inspectors, test
21    examiners, or other trainees, and the CDL holder
22    accompanying the CLP holder as prescribed by subsection
23    (a) of Section 6-507 of this Code.
24        (3) A CLP holder with a Tank Vehicle (N) endorsement
25    may only operate an empty tank vehicle and is prohibited
26    from operating any tank vehicle that previously contained

 

 

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1    hazardous material that has not been purged of all
2    residue.
3        (4) All other federal endorsements are prohibited on a
4    CLP.
5    (i) No CLP holder may operate a commercial motor vehicle
6transporting hazardous material as defined in paragraph (20)
7of Section 6-500 of this Code.
8    (j) The CLP holder must be accompanied by the holder of a
9valid CDL who has the proper CDL group and endorsement
10necessary to operate the CMV. The CDL holder must at all times
11be physically present in the front seat of the vehicle next to
12the CLP holder or, in the case of a passenger vehicle, directly
13behind or in the first row behind the driver and must have the
14CLP holder under observation and direct supervision.
15    (k) A CLP is valid for 12 months 180 days from the date of
16issuance. A CLP may be renewed for an additional 180 days
17without requiring the CLP holder to retake the general and
18endorsement knowledge tests.
19    (l) A CLP issued prior to July 1, 2014 for a limited time
20period according to state requirements, shall be considered a
21valid commercial driver's license for purposes of
22behind-the-wheel training on public roads or highways.
23(Source: P.A. 100-223, eff. 8-18-17.)
 
24    (625 ILCS 5/6-508.5 new)
25    Sec. 6-508.5. Drug and alcohol clearinghouse.

 

 

HB3149 Enrolled- 36 -LRB103 30978 MXP 57571 b

1    (a) No driver who has engaged in conduct prohibited by
2subpart B of 49 CFR 382 shall perform safety-sensitive
3functions, including driving a commercial motor vehicle,
4unless the driver has met the return to duty requirements of
5subpart O of 49 CFR 40 and, if the driver's CDL or CLP was
6canceled, has had the CDL or CLP reinstated.
7    (b) By applying for a CDL or CLP, a driver is deemed to
8have consented to the release of information from the drug and
9alcohol clearinghouse to the Secretary of State.
10    (c) No later than November 18, 2024, the Secretary shall
11request information from the drug and alcohol clearinghouse
12for all applicants applying for an initial, renewal, transfer,
13or upgraded CDL or CLP. If the Secretary receives notification
14that pursuant to 49 CFR 382.503 the applicant is prohibited
15from operating a commercial motor vehicle, the Secretary shall
16not issue, renew, transfer, or upgrade a CDL or CLP.
17    (d) No later than November 18, 2024, the Secretary must,
18upon receiving notification from the drug and alcohol
19clearinghouse that a holder of a CDL or CLP is prohibited from
20operating a commercial motor vehicle, cancel the CDL or CLP.
21The cancellation must be completed and recorded on the CDLIS
22driver record within 60 days after the State's receipt of such
23a notification. Upon notification from the Federal Motor
24Carrier Safety Administration that a driver has completed the
25return-to-duty process, the Secretary may reinstate the
26driver's CDL or CLP privileges.

 

 

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1    (e) Upon notification from the Federal Motor Carrier
2Safety Administration that a violation was entered into the
3drug and alcohol clearinghouse erroneously, the Secretary
4shall reinstate the driver's CDL or CLP privileges and remove
5the cancellation from the driving record.
 
6    (625 ILCS 5/6-514)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 6-514. Commercial driver's license (CDL); commercial
9learner's permit (CLP); disqualifications.
10    (a) A person shall be disqualified from driving a
11commercial motor vehicle for a period of not less than 12
12months for the first violation of:
13        (1) Refusing to submit to or failure to complete a
14    test or tests to determine the driver's blood
15    concentration of alcohol, other drug, or both while
16    driving a commercial motor vehicle or, if the driver is a
17    CLP or CDL holder, while driving a non-CMV; or
18        (2) Operating a commercial motor vehicle while the
19    alcohol concentration of the person's blood, breath, other
20    bodily substance, or urine is at least 0.04, or any amount
21    of a drug, substance, or compound in the person's blood,
22    other bodily substance, or urine resulting from the
23    unlawful use or consumption of cannabis listed in the
24    Cannabis Control Act, a controlled substance listed in the
25    Illinois Controlled Substances Act, or methamphetamine as

 

 

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1    listed in the Methamphetamine Control and Community
2    Protection Act as indicated by a police officer's sworn
3    report or other verified evidence; or operating a
4    non-commercial motor vehicle while the alcohol
5    concentration of the person's blood, breath, other bodily
6    substance, or urine was above the legal limit defined in
7    Section 11-501.1 or 11-501.8 or any amount of a drug,
8    substance, or compound in the person's blood, other bodily
9    substance, or urine resulting from the unlawful use or
10    consumption of cannabis listed in the Cannabis Control
11    Act, a controlled substance listed in the Illinois
12    Controlled Substances Act, or methamphetamine as listed in
13    the Methamphetamine Control and Community Protection Act
14    as indicated by a police officer's sworn report or other
15    verified evidence while holding a CLP or CDL; or
16        (3) Conviction for a first violation of:
17            (i) Driving a commercial motor vehicle or, if the
18        driver is a CLP or CDL holder, driving a non-CMV while
19        under the influence of alcohol, or any other drug, or
20        combination of drugs to a degree which renders such
21        person incapable of safely driving; or
22            (ii) Knowingly leaving the scene of an accident
23        while operating a commercial motor vehicle or, if the
24        driver is a CLP or CDL holder, while driving a non-CMV;
25        or
26            (iii) Driving a commercial motor vehicle or, if

 

 

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1        the driver is a CLP or CDL holder, driving a non-CMV
2        while committing any felony; or
3            (iv) Driving a commercial motor vehicle while the
4        person's driving privileges or driver's license or
5        permit is revoked, suspended, or cancelled or the
6        driver is disqualified from operating a commercial
7        motor vehicle; or
8            (v) Causing a fatality through the negligent
9        operation of a commercial motor vehicle, including but
10        not limited to the crimes of motor vehicle
11        manslaughter, homicide by a motor vehicle, and
12        negligent homicide.
13            As used in this subdivision (a)(3)(v), "motor
14        vehicle manslaughter" means the offense of involuntary
15        manslaughter if committed by means of a vehicle;
16        "homicide by a motor vehicle" means the offense of
17        first degree murder or second degree murder, if either
18        offense is committed by means of a vehicle; and
19        "negligent homicide" means reckless homicide under
20        Section 9-3 of the Criminal Code of 1961 or the
21        Criminal Code of 2012 and aggravated driving under the
22        influence of alcohol, other drug or drugs,
23        intoxicating compound or compounds, or any combination
24        thereof under subdivision (d)(1)(F) of Section 11-501
25        of this Code.
26        If any of the above violations or refusals occurred

 

 

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1    while transporting hazardous material(s) required to be
2    placarded, the person shall be disqualified for a period
3    of not less than 3 years; or
4        (4) (Blank).
5    (b) A person is disqualified for life for a second
6conviction of any of the offenses specified in paragraph (a),
7or any combination of those offenses, arising from 2 or more
8separate incidents.
9    (c) A person is disqualified from driving a commercial
10motor vehicle for life if the person either (i) uses a
11commercial motor vehicle in the commission of any felony
12involving the manufacture, distribution, or dispensing of a
13controlled substance, or possession with intent to
14manufacture, distribute or dispense a controlled substance or
15(ii) if the person is a CLP or CDL holder, uses a non-CMV in
16the commission of a felony involving any of those activities.
17    (d) The Secretary of State may, when the United States
18Secretary of Transportation so authorizes, issue regulations
19in which a disqualification for life under paragraph (b) may
20be reduced to a period of not less than 10 years. If a
21reinstated driver is subsequently convicted of another
22disqualifying offense, as specified in subsection (a) of this
23Section, he or she shall be permanently disqualified for life
24and shall be ineligible to again apply for a reduction of the
25lifetime disqualification.
26    (e) A person is disqualified from driving a commercial

 

 

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1motor vehicle for a period of not less than 2 months if
2convicted of 2 serious traffic violations, committed in a
3commercial motor vehicle, non-CMV while holding a CLP or CDL,
4or any combination thereof, arising from separate incidents,
5occurring within a 3-year period, provided the serious traffic
6violation committed in a non-CMV would result in the
7suspension or revocation of the CLP or CDL holder's non-CMV
8privileges. However, a person will be disqualified from
9driving a commercial motor vehicle for a period of not less
10than 4 months if convicted of 3 serious traffic violations,
11committed in a commercial motor vehicle, non-CMV while holding
12a CLP or CDL, or any combination thereof, arising from
13separate incidents, occurring within a 3-year period, provided
14the serious traffic violation committed in a non-CMV would
15result in the suspension or revocation of the CLP or CDL
16holder's non-CMV privileges. If all the convictions occurred
17in a non-CMV, the disqualification shall be entered only if
18the convictions would result in the suspension or revocation
19of the CLP or CDL holder's non-CMV privileges.
20    (e-1) (Blank).
21    (f) Notwithstanding any other provision of this Code, any
22driver disqualified from operating a commercial motor vehicle,
23pursuant to this UCDLA, shall not be eligible for restoration
24of commercial driving privileges during any such period of
25disqualification.
26    (g) After suspending, revoking, or cancelling a CLP or

 

 

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1CDL, the Secretary of State must update the driver's records
2to reflect such action within 10 days. After suspending or
3revoking the driving privilege of any person who has been
4issued a CLP or CDL from another jurisdiction, the Secretary
5shall originate notification to such issuing jurisdiction
6within 10 days.
7    (h) The "disqualifications" referred to in this Section
8shall not be imposed upon any commercial motor vehicle driver,
9by the Secretary of State, unless the prohibited action(s)
10occurred after March 31, 1992.
11    (i) A person is disqualified from driving a commercial
12motor vehicle in accordance with the following:
13        (1) For 6 months upon a first conviction of paragraph
14    (2) of subsection (b) or subsection (b-3) of Section 6-507
15    of this Code.
16        (2) For 2 years upon a second conviction of paragraph
17    (2) of subsection (b) or subsection (b-3) or any
18    combination of paragraphs (2) or (3) of subsection (b) or
19    subsections (b-3) or (b-5) of Section 6-507 of this Code
20    within a 10-year period if the second conviction is a
21    violation of paragraph (2) of subsection (b) or subsection
22    (b-3).
23        (3) For 3 years upon a third or subsequent conviction
24    of paragraph (2) of subsection (b) or subsection (b-3) or
25    any combination of paragraphs (2) or (3) of subsection (b)
26    or subsections (b-3) or (b-5) of Section 6-507 of this

 

 

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1    Code within a 10-year period if the third or subsequent
2    conviction is a violation of paragraph (2) of subsection
3    (b) or subsection (b-3).
4        (4) For one year upon a first conviction of paragraph
5    (3) of subsection (b) or subsection (b-5) of Section 6-507
6    of this Code.
7        (5) For 3 years upon a second conviction of paragraph
8    (3) of subsection (b) or subsection (b-5) or any
9    combination of paragraphs (2) or (3) of subsection (b) or
10    subsections (b-3) or (b-5) of Section 6-507 of this Code
11    within a 10-year period if the second conviction is a
12    violation of paragraph (3) of subsection (b) or (b-5).
13        (6) For 5 years upon a third or subsequent conviction
14    of paragraph (3) of subsection (b) or subsection (b-5) or
15    any combination of paragraphs (2) or (3) of subsection (b)
16    or subsections (b-3) or (b-5) of Section 6-507 of this
17    Code within a 10-year period if the third or subsequent
18    conviction is a violation of paragraph (3) of subsection
19    (b) or (b-5).
20    (j) Disqualification for railroad-highway grade crossing
21violation.
22        (1) General rule. A driver who is convicted of a
23    violation of a federal, State, or local law or regulation
24    pertaining to one of the following 6 offenses at a
25    railroad-highway grade crossing must be disqualified from
26    operating a commercial motor vehicle for the period of

 

 

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1    time specified in paragraph (2) of this subsection (j) if
2    the offense was committed while operating a commercial
3    motor vehicle:
4            (i) For drivers who are not required to always
5        stop, failing to slow down and check that the tracks
6        are clear of an approaching train or railroad track
7        equipment, as described in subsection (a-5) of Section
8        11-1201 of this Code;
9            (ii) For drivers who are not required to always
10        stop, failing to stop before reaching the crossing, if
11        the tracks are not clear, as described in subsection
12        (a-1) (a) of Section 11-1201 of this Code;
13            (iii) For drivers who are always required to stop,
14        failing to stop before driving onto the crossing, as
15        described in subsection (a-1) of Section 11-1202 of
16        this Code;
17            (iv) For all drivers, failing to have sufficient
18        space to drive completely through the crossing without
19        stopping, as described in subsection (b-5) (b) of
20        Section 11-1425 of this Code;
21            (v) For all drivers, failing to obey a traffic
22        control device or the directions of an enforcement
23        official at the crossing, as described in subdivision
24        (2) of subsection (a-1) (a)2 of Section 11-1201 of
25        this Code;
26            (vi) For all drivers, failing to negotiate a

 

 

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1        crossing because of insufficient undercarriage
2        clearance, as described in subsection (d-1) of Section
3        11-1201 of this Code.
4        (2) Duration of disqualification for railroad-highway
5    grade crossing violation.
6            (i) First violation. A driver must be disqualified
7        from operating a commercial motor vehicle for not less
8        than 60 days if the driver is convicted of a violation
9        described in paragraph (1) of this subsection (j) and,
10        in the three-year period preceding the conviction, the
11        driver had no convictions for a violation described in
12        paragraph (1) of this subsection (j).
13            (ii) Second violation. A driver must be
14        disqualified from operating a commercial motor vehicle
15        for not less than 120 days if the driver is convicted
16        of a violation described in paragraph (1) of this
17        subsection (j) and, in the three-year period preceding
18        the conviction, the driver had one other conviction
19        for a violation described in paragraph (1) of this
20        subsection (j) that was committed in a separate
21        incident.
22            (iii) Third or subsequent violation. A driver must
23        be disqualified from operating a commercial motor
24        vehicle for not less than one year if the driver is
25        convicted of a violation described in paragraph (1) of
26        this subsection (j) and, in the three-year period

 

 

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1        preceding the conviction, the driver had 2 or more
2        other convictions for violations described in
3        paragraph (1) of this subsection (j) that were
4        committed in separate incidents.
5    (k) Upon notification of a disqualification of a driver's
6commercial motor vehicle privileges imposed by the U.S.
7Department of Transportation, Federal Motor Carrier Safety
8Administration, in accordance with 49 CFR 383.52, the
9Secretary of State shall immediately record to the driving
10record the notice of disqualification and confirm to the
11driver the action that has been taken.
12    (l) A foreign commercial driver is subject to
13disqualification under this Section.
14    (m) A person shall be disqualified from operating a
15commercial motor vehicle for life if that individual uses a
16commercial motor vehicle in the commission of a felony
17involving an act or practice of severe forms of human
18trafficking, as defined in 22 U.S.C. 7102(11).
19(Source: P.A. 102-749, eff. 1-1-23.)
 
20    (Text of Section after amendment by P.A. 102-982)
21    Sec. 6-514. Commercial driver's license (CDL); commercial
22learner's permit (CLP); disqualifications.
23    (a) A person shall be disqualified from driving a
24commercial motor vehicle for a period of not less than 12
25months for the first violation of:

 

 

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1        (1) Refusing to submit to or failure to complete a
2    test or tests to determine the driver's blood
3    concentration of alcohol, other drug, or both while
4    driving a commercial motor vehicle or, if the driver is a
5    CLP or CDL holder, while driving a non-CMV; or
6        (2) Operating a commercial motor vehicle while the
7    alcohol concentration of the person's blood, breath, other
8    bodily substance, or urine is at least 0.04, or any amount
9    of a drug, substance, or compound in the person's blood,
10    other bodily substance, or urine resulting from the
11    unlawful use or consumption of cannabis listed in the
12    Cannabis Control Act, a controlled substance listed in the
13    Illinois Controlled Substances Act, or methamphetamine as
14    listed in the Methamphetamine Control and Community
15    Protection Act as indicated by a police officer's sworn
16    report or other verified evidence; or operating a
17    non-commercial motor vehicle while the alcohol
18    concentration of the person's blood, breath, other bodily
19    substance, or urine was above the legal limit defined in
20    Section 11-501.1 or 11-501.8 or any amount of a drug,
21    substance, or compound in the person's blood, other bodily
22    substance, or urine resulting from the unlawful use or
23    consumption of cannabis listed in the Cannabis Control
24    Act, a controlled substance listed in the Illinois
25    Controlled Substances Act, or methamphetamine as listed in
26    the Methamphetamine Control and Community Protection Act

 

 

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1    as indicated by a police officer's sworn report or other
2    verified evidence while holding a CLP or CDL; or
3        (3) Conviction for a first violation of:
4            (i) Driving a commercial motor vehicle or, if the
5        driver is a CLP or CDL holder, driving a non-CMV while
6        under the influence of alcohol, or any other drug, or
7        combination of drugs to a degree which renders such
8        person incapable of safely driving; or
9            (ii) Knowingly leaving the scene of a crash while
10        operating a commercial motor vehicle or, if the driver
11        is a CLP or CDL holder, while driving a non-CMV; or
12            (iii) Driving a commercial motor vehicle or, if
13        the driver is a CLP or CDL holder, driving a non-CMV
14        while committing any felony; or
15            (iv) Driving a commercial motor vehicle while the
16        person's driving privileges or driver's license or
17        permit is revoked, suspended, or cancelled or the
18        driver is disqualified from operating a commercial
19        motor vehicle; or
20            (v) Causing a fatality through the negligent
21        operation of a commercial motor vehicle, including but
22        not limited to the crimes of motor vehicle
23        manslaughter, homicide by a motor vehicle, and
24        negligent homicide.
25            As used in this subdivision (a)(3)(v), "motor
26        vehicle manslaughter" means the offense of involuntary

 

 

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1        manslaughter if committed by means of a vehicle;
2        "homicide by a motor vehicle" means the offense of
3        first degree murder or second degree murder, if either
4        offense is committed by means of a vehicle; and
5        "negligent homicide" means reckless homicide under
6        Section 9-3 of the Criminal Code of 1961 or the
7        Criminal Code of 2012 and aggravated driving under the
8        influence of alcohol, other drug or drugs,
9        intoxicating compound or compounds, or any combination
10        thereof under subdivision (d)(1)(F) of Section 11-501
11        of this Code.
12        If any of the above violations or refusals occurred
13    while transporting hazardous material(s) required to be
14    placarded, the person shall be disqualified for a period
15    of not less than 3 years; or
16        (4) (Blank).
17    (b) A person is disqualified for life for a second
18conviction of any of the offenses specified in paragraph (a),
19or any combination of those offenses, arising from 2 or more
20separate incidents.
21    (c) A person is disqualified from driving a commercial
22motor vehicle for life if the person either (i) uses a
23commercial motor vehicle in the commission of any felony
24involving the manufacture, distribution, or dispensing of a
25controlled substance, or possession with intent to
26manufacture, distribute or dispense a controlled substance or

 

 

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1(ii) if the person is a CLP or CDL holder, uses a non-CMV in
2the commission of a felony involving any of those activities.
3    (d) The Secretary of State may, when the United States
4Secretary of Transportation so authorizes, issue regulations
5in which a disqualification for life under paragraph (b) may
6be reduced to a period of not less than 10 years. If a
7reinstated driver is subsequently convicted of another
8disqualifying offense, as specified in subsection (a) of this
9Section, he or she shall be permanently disqualified for life
10and shall be ineligible to again apply for a reduction of the
11lifetime disqualification.
12    (e) A person is disqualified from driving a commercial
13motor vehicle for a period of not less than 2 months if
14convicted of 2 serious traffic violations, committed in a
15commercial motor vehicle, non-CMV while holding a CLP or CDL,
16or any combination thereof, arising from separate incidents,
17occurring within a 3-year period, provided the serious traffic
18violation committed in a non-CMV would result in the
19suspension or revocation of the CLP or CDL holder's non-CMV
20privileges. However, a person will be disqualified from
21driving a commercial motor vehicle for a period of not less
22than 4 months if convicted of 3 serious traffic violations,
23committed in a commercial motor vehicle, non-CMV while holding
24a CLP or CDL, or any combination thereof, arising from
25separate incidents, occurring within a 3-year period, provided
26the serious traffic violation committed in a non-CMV would

 

 

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1result in the suspension or revocation of the CLP or CDL
2holder's non-CMV privileges. If all the convictions occurred
3in a non-CMV, the disqualification shall be entered only if
4the convictions would result in the suspension or revocation
5of the CLP or CDL holder's non-CMV privileges.
6    (e-1) (Blank).
7    (f) Notwithstanding any other provision of this Code, any
8driver disqualified from operating a commercial motor vehicle,
9pursuant to this UCDLA, shall not be eligible for restoration
10of commercial driving privileges during any such period of
11disqualification.
12    (g) After suspending, revoking, or cancelling a CLP or
13CDL, the Secretary of State must update the driver's records
14to reflect such action within 10 days. After suspending or
15revoking the driving privilege of any person who has been
16issued a CLP or CDL from another jurisdiction, the Secretary
17shall originate notification to such issuing jurisdiction
18within 10 days.
19    (h) The "disqualifications" referred to in this Section
20shall not be imposed upon any commercial motor vehicle driver,
21by the Secretary of State, unless the prohibited action(s)
22occurred after March 31, 1992.
23    (i) A person is disqualified from driving a commercial
24motor vehicle in accordance with the following:
25        (1) For 6 months upon a first conviction of paragraph
26    (2) of subsection (b) or subsection (b-3) of Section 6-507

 

 

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1    of this Code.
2        (2) For 2 years upon a second conviction of paragraph
3    (2) of subsection (b) or subsection (b-3) or any
4    combination of paragraphs (2) or (3) of subsection (b) or
5    subsections (b-3) or (b-5) of Section 6-507 of this Code
6    within a 10-year period if the second conviction is a
7    violation of paragraph (2) of subsection (b) or subsection
8    (b-3).
9        (3) For 3 years upon a third or subsequent conviction
10    of paragraph (2) of subsection (b) or subsection (b-3) or
11    any combination of paragraphs (2) or (3) of subsection (b)
12    or subsections (b-3) or (b-5) of Section 6-507 of this
13    Code within a 10-year period if the third or subsequent
14    conviction is a violation of paragraph (2) of subsection
15    (b) or subsection (b-3).
16        (4) For one year upon a first conviction of paragraph
17    (3) of subsection (b) or subsection (b-5) of Section 6-507
18    of this Code.
19        (5) For 3 years upon a second conviction of paragraph
20    (3) of subsection (b) or subsection (b-5) or any
21    combination of paragraphs (2) or (3) of subsection (b) or
22    subsections (b-3) or (b-5) of Section 6-507 of this Code
23    within a 10-year period if the second conviction is a
24    violation of paragraph (3) of subsection (b) or (b-5).
25        (6) For 5 years upon a third or subsequent conviction
26    of paragraph (3) of subsection (b) or subsection (b-5) or

 

 

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1    any combination of paragraphs (2) or (3) of subsection (b)
2    or subsections (b-3) or (b-5) of Section 6-507 of this
3    Code within a 10-year period if the third or subsequent
4    conviction is a violation of paragraph (3) of subsection
5    (b) or (b-5).
6    (j) Disqualification for railroad-highway grade crossing
7violation.
8        (1) General rule. A driver who is convicted of a
9    violation of a federal, State, or local law or regulation
10    pertaining to one of the following 6 offenses at a
11    railroad-highway grade crossing must be disqualified from
12    operating a commercial motor vehicle for the period of
13    time specified in paragraph (2) of this subsection (j) if
14    the offense was committed while operating a commercial
15    motor vehicle:
16            (i) For drivers who are not required to always
17        stop, failing to slow down and check that the tracks
18        are clear of an approaching train or railroad track
19        equipment, as described in subsection (a-5) of Section
20        11-1201 of this Code;
21            (ii) For drivers who are not required to always
22        stop, failing to stop before reaching the crossing, if
23        the tracks are not clear, as described in subsection
24        (a-1) (a) of Section 11-1201 of this Code;
25            (iii) For drivers who are always required to stop,
26        failing to stop before driving onto the crossing, as

 

 

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1        described in subsection (a-1) of Section 11-1202 of
2        this Code;
3            (iv) For all drivers, failing to have sufficient
4        space to drive completely through the crossing without
5        stopping, as described in subsection (b-5) (b) of
6        Section 11-1425 of this Code;
7            (v) For all drivers, failing to obey a traffic
8        control device or the directions of an enforcement
9        official at the crossing, as described in subdivision
10        (2) of subsection (a-1) (a)2 of Section 11-1201 of
11        this Code;
12            (vi) For all drivers, failing to negotiate a
13        crossing because of insufficient undercarriage
14        clearance, as described in subsection (d-1) of Section
15        11-1201 of this Code.
16        (2) Duration of disqualification for railroad-highway
17    grade crossing violation.
18            (i) First violation. A driver must be disqualified
19        from operating a commercial motor vehicle for not less
20        than 60 days if the driver is convicted of a violation
21        described in paragraph (1) of this subsection (j) and,
22        in the three-year period preceding the conviction, the
23        driver had no convictions for a violation described in
24        paragraph (1) of this subsection (j).
25            (ii) Second violation. A driver must be
26        disqualified from operating a commercial motor vehicle

 

 

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1        for not less than 120 days if the driver is convicted
2        of a violation described in paragraph (1) of this
3        subsection (j) and, in the three-year period preceding
4        the conviction, the driver had one other conviction
5        for a violation described in paragraph (1) of this
6        subsection (j) that was committed in a separate
7        incident.
8            (iii) Third or subsequent violation. A driver must
9        be disqualified from operating a commercial motor
10        vehicle for not less than one year if the driver is
11        convicted of a violation described in paragraph (1) of
12        this subsection (j) and, in the three-year period
13        preceding the conviction, the driver had 2 or more
14        other convictions for violations described in
15        paragraph (1) of this subsection (j) that were
16        committed in separate incidents.
17    (k) Upon notification of a disqualification of a driver's
18commercial motor vehicle privileges imposed by the U.S.
19Department of Transportation, Federal Motor Carrier Safety
20Administration, in accordance with 49 CFR 383.52, the
21Secretary of State shall immediately record to the driving
22record the notice of disqualification and confirm to the
23driver the action that has been taken.
24    (l) A foreign commercial driver is subject to
25disqualification under this Section.
26    (m) A person shall be disqualified from operating a

 

 

HB3149 Enrolled- 56 -LRB103 30978 MXP 57571 b

1commercial motor vehicle for life if that individual uses a
2commercial motor vehicle in the commission of a felony
3involving an act or practice of severe forms of human
4trafficking, as defined in 22 U.S.C. 7102(11).
5(Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23;
6revised 12-14-22.)
 
7    (625 ILCS 5/7-315)  (from Ch. 95 1/2, par. 7-315)
8    Sec. 7-315. A certificate of insurance proof.
9    (a) Proof of financial responsibility may be made by
10filing with the Secretary of State the written or electronic
11certificate of any insurance carrier duly authorized to do
12business in this State, certifying that it has issued to or for
13the benefit of the person furnishing such proof and named as
14the insured in a motor vehicle liability policy, a motor
15vehicle liability policy or policies or in certain events an
16operator's policy meeting the requirements of this Code and
17that said policy or policies are then in full force and effect.
18All written or electronic certificates must be submitted in a
19manner satisfactory to the Secretary of State.
20    (b) Such certificate or certificates shall give the dates
21of issuance and expiration of such policy or policies and
22certify that the same shall not be canceled unless 15 days'
23prior written or electronic notice thereof be given to the
24Secretary of State and shall explicitly describe all motor
25vehicles covered thereby unless the policy or policies are

 

 

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1issued to a person who is not the owner of a motor vehicle.
2    (c) The Secretary of State shall not accept any
3certificate or certificates unless the same shall cover all
4motor vehicles then registered in this State in the name of the
5person furnishing such proof as owner and an additional
6certificate or certificates shall be required as a condition
7precedent to the subsequent registration of any motor vehicle
8or motor vehicles in the name of the person giving such proof
9as owner.
10(Source: P.A. 94-239, eff. 1-1-06.)
 
11    (625 ILCS 5/7-318)  (from Ch. 95 1/2, par. 7-318)
12    Sec. 7-318. Notice of cancellation or termination of
13certified policy Cancellation or Termination of Certified
14Policy. When an insurance carrier has certified a motor
15vehicle liability policy or policies under this Act, it shall
16notify the Secretary of State of any cancellation by
17submitting an mailing a written or electronic notice at least
1815 days prior to cancellation of such policy and the policy
19shall continue in full force and effect until the date of
20cancellation specified in such notice or until its expiration,
21except that such a policy subsequently procured and certified
22shall, on the effective date of its certification, terminate
23the insurance previously certified with respect to any vehicle
24designated in both certificates. All written or electronic
25certificates must be submitted in a manner satisfactory to the

 

 

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1Secretary of State.
2(Source: P.A. 94-239, eff. 1-1-06.)
 
3    (625 ILCS 5/11-1201)  (from Ch. 95 1/2, par. 11-1201)
4    Sec. 11-1201. Obedience to signal indicating approach of
5train or railroad track equipment.
6    (a) Whenever any person driving a vehicle approaches a
7railroad grade crossing where the driver is not always
8required to stop, the person must exercise due care and
9caution as the existence of a railroad track across a highway
10is a warning of danger, and under any of the circumstances
11stated in this Section, the driver shall stop within 50 feet
12but not less than 15 feet from the nearest rail of the railroad
13and shall not proceed until the tracks are clear and he or she
14can do so safely. The foregoing requirements shall apply when:
15        1. A clearly visible electric or mechanical signal
16    device gives warning of the immediate approach of a
17    railroad train or railroad track equipment;
18        2. A crossing gate is lowered or a human flagman gives
19    or continues to give a signal of the approach or passage of
20    a railroad train or railroad track equipment;
21        3. A railroad train or railroad track equipment
22    approaching a highway crossing emits a warning signal and
23    such railroad train or railroad track equipment, by reason
24    of its speed or nearness to such crossing, is an immediate
25    hazard;

 

 

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1        4. An approaching railroad train or railroad track
2    equipment is plainly visible and is in hazardous proximity
3    to such crossing;
4        5. A railroad train or railroad track equipment is
5    approaching so closely that an immediate hazard is
6    created.
7    (a-1) Whenever any person driving a commercial motor
8vehicle, as defined in Section 6-500 of this Code, approaches
9a railroad grade crossing where the driver is not always
10required to stop, the person must exercise due care and
11caution as the existence of a railroad track across a highway
12is a warning of danger, and under any of the circumstances
13stated in this Section, the driver shall stop within 50 feet
14but not less than 15 feet from the nearest rail of the railroad
15and shall not proceed until the tracks are clear and he or she
16can do so safely. The foregoing requirements shall apply when:
17        1. A clearly visible electric or mechanical signal
18    device gives warning of the immediate approach of a
19    railroad train or railroad track equipment;
20        2. A crossing gate is lowered or a human flagman gives
21    or continues to give a signal of the approach or passage of
22    a railroad train or railroad track equipment;
23        3. A railroad train or railroad track equipment
24    approaching a highway crossing emits a warning signal and
25    such railroad train or railroad track equipment, by reason
26    of its speed or nearness to such crossing, is an immediate

 

 

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1    hazard;
2        4. An approaching railroad train or railroad track
3    equipment is plainly visible and is in hazardous proximity
4    to such crossing;
5        5. A railroad train or railroad track equipment is
6    approaching so closely that an immediate hazard is
7    created.
8    (a-5) Whenever a person driving a commercial motor
9vehicle, as defined in Section 6-500 of this Code, vehicle
10approaches a railroad grade crossing where the driver is not
11always required to stop but must slow down, the person must
12exercise due care and caution as the existence of a railroad
13track across a highway is a warning of danger, and under any of
14the circumstances stated in this Section, the driver shall
15slow down within 50 feet but not less than 15 feet from the
16nearest rail of the railroad and shall not proceed until he or
17she checks that the tracks are clear of an approaching train or
18railroad track equipment.
19    (b) No person shall drive any vehicle through, around or
20under any crossing gate or barrier at a railroad crossing
21while such gate or barrier is closed or is being opened or
22closed.
23    (c) The Department, and local authorities with the
24approval of the Department, are hereby authorized to designate
25particularly dangerous highway grade crossings of railroads
26and to erect stop signs thereat. When such stop signs are

 

 

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1erected the driver of any vehicle shall stop within 50 feet but
2not less than 15 feet from the nearest rail of such railroad
3and shall proceed only upon exercising due care.
4    (d) At any railroad grade crossing provided with railroad
5crossbuck signs, without automatic, electric, or mechanical
6signal devices, crossing gates, or a human flagman giving a
7signal of the approach or passage of a train or railroad track
8equipment, the driver of a vehicle shall in obedience to the
9railroad crossbuck sign, yield the right-of-way and slow down
10to a speed reasonable for the existing conditions and shall
11stop, if required for safety, at a clearly marked stopped
12line, or if no stop line, within 50 feet but not less than 15
13feet from the nearest rail of the railroad and shall not
14proceed until he or she can do so safely. If a driver is
15involved in a collision at a railroad crossing or interferes
16with the movement of a train or railroad track equipment after
17driving past the railroad crossbuck sign, the collision or
18interference is prima facie evidence of the driver's failure
19to yield right-of-way.
20    (d-1) No person shall, while driving a commercial motor
21vehicle, fail to negotiate a railroad-highway grade railroad
22crossing because of insufficient undercarriage clearance.
23    (d-5) (Blank).
24    (e) It is unlawful to violate any part of this Section.
25        (1) A violation of this Section is a petty offense for
26    which a fine of $500 shall be imposed for a first

 

 

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1    violation, and a fine of $1,000 shall be imposed for a
2    second or subsequent violation. The court may impose 25
3    hours of community service in place of the $500 fine for
4    the first violation.
5        (2) For a second or subsequent violation, the
6    Secretary of State may suspend the driving privileges of
7    the offender for a minimum of 6 months.
8    (f) Corporate authorities of municipal corporations
9regulating operators of vehicles that fail to obey signals
10indicating the presence, approach, passage, or departure of a
11train or railroad track equipment shall impose fines as
12established in subsection (e) of this Section.
13(Source: P.A. 99-663, eff. 1-1-17.)
 
14    (625 ILCS 5/11-1202)  (from Ch. 95 1/2, par. 11-1202)
15    Sec. 11-1202. Certain vehicles must stop at all railroad
16grade crossings.
17    (a) The driver of any of the following vehicles shall,
18before crossing a railroad track or tracks at grade, stop such
19vehicle within 50 feet but not less than 15 feet from the
20nearest rail and, while so stopped, shall listen and look for
21the approach of a train or railroad track equipment and shall
22not proceed until such movement can be made with safety:
23        1. Any second division vehicle carrying passengers for
24    hire;
25        2. Any bus that meets all of the special requirements

 

 

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1    for school buses in Sections 12-801, 12-803, and 12-805 of
2    this Code. The driver of the bus, in addition to complying
3    with all other applicable requirements of this subsection
4    (a), must also (i) turn off all noise producing
5    accessories, including heater blowers, defroster fans,
6    auxiliary fans, and radios, and (ii) open the service door
7    and driver's window, before crossing a railroad track or
8    tracks;
9        3. (Blank). Any other vehicle which is required by
10    Federal or State law to be placarded when carrying as a
11    cargo or part of a cargo hazardous material as defined in
12    the "Illinois Hazardous Materials Transportation Act".
13    (a-1) The driver of any of the following vehicles shall,
14before crossing a railroad track or tracks at grade, stop such
15vehicle within 50 feet but not less than 15 feet from the
16nearest rail and, while so stopped, shall listen and look for
17the approach of a train or railroad track equipment and shall
18not proceed until such movement can be made with safety:
19        1. A commercial motor vehicle, as defined in Section
20    6-500 of this Code, carrying passengers for hire;
21        2. Any bus that meets all of the special requirements
22    for school buses in Sections 12-801, 12-803, and 12-805 of
23    this Code and is designed to transport 16 or more persons,
24    including the driver. The driver of the bus, in addition
25    to complying with all other applicable requirements of
26    this subsection (a-1), must also (i) turn off all noise

 

 

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1    producing accessories, including heater blowers, defroster
2    fans, auxiliary fans, and radios, and (ii) open the
3    service door and driver's window, before crossing a
4    railroad track or tracks;
5        3. Any other vehicle which is required by federal or
6    State law to be placarded when carrying as a cargo or part
7    of a cargo hazardous material as defined in the Illinois
8    Hazardous Materials Transportation Act.
9    After stopping as required in this Section, the driver
10shall proceed only in a gear not requiring a change of gears
11during the crossing, and the driver shall not shift gears
12while crossing the track or tracks.
13    (b) This Section shall not apply:
14        1. At any railroad grade crossing where traffic is
15    controlled by a police officer or flagperson;
16        2. At any railroad grade crossing controlled by a
17    functioning traffic-control signal transmitting a green
18    indication which, under law, permits the vehicle to
19    proceed across the railroad tracks without slowing or
20    stopping, except that subsection (a) shall apply to any
21    school bus;
22        3. At any streetcar grade crossing within a business
23    or residence district; or
24        4. At any abandoned, industrial or spur track railroad
25    grade crossing designated as exempt by the Illinois
26    Commerce Commission and marked with an official sign as

 

 

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1    authorized in the State Manual on Uniform Traffic Control
2    Devices for Streets and Highways.
3(Source: P.A. 95-756, eff. 1-1-09; 96-1244, eff. 1-1-11.)
 
4    (625 ILCS 5/11-1425)  (from Ch. 95 1/2, par. 11-1425)
5    Sec. 11-1425. Stop when traffic obstructed.
6    (a) No driver shall enter an intersection or a marked
7crosswalk or drive onto any railroad grade crossing unless
8there is sufficient space on the other side of the
9intersection, crosswalk or railroad grade crossing to
10accommodate the vehicle he is operating without obstructing
11the passage of other vehicles, pedestrians or railroad trains
12notwithstanding any traffic-control signal indication to
13proceed.
14    (b) No driver shall enter a highway rail grade crossing
15unless there is sufficient space on the other side of the
16highway rail grade crossing to accommodate the vehicle being
17operated without obstructing the passage of a train or other
18railroad equipment using the rails, notwithstanding any
19traffic-control signal indication to proceed.
20    (b-5) No driver operating a commercial motor vehicle, as
21defined in Section 6-500 of this Code, shall enter a highway
22rail grade crossing unless there is sufficient space on the
23other side of the highway rail grade crossing to accommodate
24the vehicle being operated without obstructing the passage of
25a train or other railroad equipment using the rails,

 

 

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1notwithstanding any traffic-control signal indication to
2proceed.
3    (c) (Blank).
4    (d) Beginning with the effective date of this amendatory
5Act of the 95th General Assembly, the Secretary of State shall
6suspend for a period of one month the driving privileges of any
7person convicted of a violation of subsection (b) of this
8Section or a similar provision of a local ordinance; the
9Secretary shall suspend for a period of 3 months the driving
10privileges of any person convicted of a second or subsequent
11violation of subsection (b) of this Section or a similar
12provision of a local ordinance if the second or subsequent
13violation occurs within 5 years of a prior conviction for the
14same offense. In addition to the suspensions authorized by
15this Section, any person convicted of violating subsection (b)
16of this Section or a similar provision of a local ordinance
17shall be subject to a mandatory fine of $500 or 50 hours of
18community service. Any person given a disposition of court
19supervision for violating subsection (b) of this Section or a
20similar provision of a local ordinance shall also be subject
21to a mandatory fine of $500 or 50 hours of community service.
22Upon a second or subsequent violation, in addition to the
23suspensions authorized by this Section, the person shall be
24subject to a mandatory fine of $500 and 50 hours community
25service. The Secretary may also grant, for the duration of any
26suspension issued under this subsection, a restricted driving

 

 

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1permit granting the privilege of driving a motor vehicle
2between the driver's residence and place of employment or
3within other proper limits that the Secretary of State shall
4find necessary to avoid any undue hardship. A restricted
5driving permit issued hereunder shall be subject to
6cancellation, revocation and suspension by the Secretary of
7State in like manner and for like cause as a driver's license
8may be cancelled, revoked or suspended; except that a
9conviction upon one or more offenses against laws or
10ordinances regulating the movement of traffic shall be deemed
11sufficient cause for the revocation, suspension or
12cancellation of the restricted driving permit. The Secretary
13of State may, as a condition to the issuance of a restricted
14driving permit, require the applicant to participate in a
15designated driver remedial or rehabilitative program. Any
16conviction for a violation of this subsection shall be
17included as an offense for the purposes of determining
18suspension action under any other provision of this Code,
19provided however, that the penalties provided under this
20subsection shall be imposed unless those penalties imposed
21under other applicable provisions are greater.
22(Source: P.A. 95-753, eff. 1-1-09.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

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1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.