103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0245

 

Introduced 1/31/2023, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-109

    Amends the Illinois Vehicle Code. Removes provisions requiring that applicants 75 years of age or older demonstrate the ability to exercise reasonable care and ordinary and reasonable control of the operation of a motor vehicle when applying for a driver's license.


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A BILL FOR

 

SB0245LRB103 24858 HEP 51191 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 Section 6-109 as follows:
 
6    (625 ILCS 5/6-109)
7    Sec. 6-109. Examination of applicants.
8    (a) The Secretary of State shall examine every applicant
9for a driver's license or permit who has not been previously
10licensed as a driver under the laws of this State or any other
11state or country, or any applicant for renewal of such
12driver's license or permit when such license or permit has
13been expired for more than one year. The Secretary of State
14shall, subject to the provisions of paragraph (c), examine
15every licensed driver at least every 8 years, and may examine
16or re-examine any other applicant or licensed driver, provided
17that during the years 1984 through 1991 those drivers issued a
18license for 3 years may be re-examined not less than every 7
19years or more than every 10 years.
20    The Secretary of State shall require the testing of the
21eyesight of any driver's license or permit applicant who has
22not been previously licensed as a driver under the laws of this
23State and shall promulgate rules and regulations to provide

 

 

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1for the orderly administration of all the provisions of this
2Section.
3    The Secretary of State shall include at least one test
4question that concerns the provisions of the Pedestrians with
5Disabilities Safety Act in the question pool used for the
6written portion of the driver's license examination within one
7year after July 22, 2010 (the effective date of Public Act
896-1167).
9    The Secretary of State shall include, in the question pool
10used for the written portion of the driver's license
11examination, test questions concerning safe driving in the
12presence of bicycles, of which one may be concerning the Dutch
13Reach method as described in Section 2-112.
14    The Secretary of State shall include, in the question pool
15used for the written portion of the driver's license
16examination, at least one test question concerning driver
17responsibilities when approaching a stationary emergency
18vehicle as described in Section 11-907.
19    (b) Except as provided for those applicants in paragraph
20(c), such examination shall include a test of the applicant's
21eyesight, his or her ability to read and understand official
22traffic control devices, his or her knowledge of safe driving
23practices and the traffic laws of this State, and may include
24an actual demonstration of the applicant's ability to exercise
25ordinary and reasonable control of the operation of a motor
26vehicle, and such further physical and mental examination as

 

 

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1the Secretary of State finds necessary to determine the
2applicant's fitness to operate a motor vehicle safely on the
3highways, except the examination of an applicant 75 years of
4age or older shall include an actual demonstration of the
5applicant's ability to exercise ordinary and reasonable
6control of the operation of a motor vehicle. All portions of
7written and verbal examinations under this Section, excepting
8where the English language appears on facsimiles of road
9signs, may be given in the Spanish language and, at the
10discretion of the Secretary of State, in any other language as
11well as in English upon request of the examinee. Deaf persons
12who are otherwise qualified are not prohibited from being
13issued a license, other than a commercial driver's license,
14under this Code.
15    (c) Re-examination for those applicants who at the time of
16renewing their driver's license possess a driving record
17devoid of any convictions of traffic violations or evidence of
18committing an offense for which mandatory revocation would be
19required upon conviction pursuant to Section 6-205 at the time
20of renewal shall be in a manner prescribed by the Secretary in
21order to determine an applicant's ability to safely operate a
22motor vehicle, except that every applicant for the renewal of
23a driver's license who is 75 years of age or older must prove,
24by an actual demonstration, the applicant's ability to
25exercise reasonable care in the safe operation of a motor
26vehicle.

 

 

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1    (d) In the event the applicant is not ineligible under the
2provisions of Section 6-103 to receive a driver's license, the
3Secretary of State shall make provision for giving an
4examination, either in the county where the applicant resides
5or at a place adjacent thereto reasonably convenient to the
6applicant, within not more than 30 days from the date said
7application is received.
8    (e) The Secretary of State may adopt rules regarding the
9use of foreign language interpreters during the application
10and examination process.
11(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19;
12101-81, eff. 7-12-19; 101-174, eff. 1-1-20.)