99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2515

 

Introduced 2/18/2015, by Rep. Katherine Cloonen

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-124.3 new
625 ILCS 5/1-124.5
625 ILCS 5/3-818  from Ch. 95 1/2, par. 3-818
625 ILCS 5/6-500  from Ch. 95 1/2, par. 6-500
625 ILCS 5/6-507  from Ch. 95 1/2, par. 6-507
625 ILCS 5/6-508.1

    Amends the Illinois Vehicle Code. Defines "gross combination weight rating" (GCWR). Provides that the GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle. Makes conforming changes regarding the definition of GCWR. Provides for the collection of a $10 surcharge for vehicles in the 12,000 lbs. and less flat weight plate category to identify those vehicles as covered farm vehicles. Makes it a serious traffic violation to drive a commercial motor vehicle on a highway with a commercial driver instruction permit, but unaccompanied by the holder of a valid commercial driver's license. Exempts persons operating a covered farm vehicle, as defined under the Illinois Vehicle Code, from requirement to have a commercial driver's license or requirement to submit a medical examiner's certificate for operation of a commercial motor vehicle in non-excepted interstate commerce. Effective July 1, 2015.


LRB099 08011 RJF 28152 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2515LRB099 08011 RJF 28152 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 changing
5Sections 1-124.5, 3-818, 6-500, 6-507, and 6-508.1 and by
6adding Section 1-124.3 as follows:
 
7    (625 ILCS 5/1-124.3 new)
8    Sec. 1-124.3. Gross Combination Weight Rating (GCWR). GCWR
9is the greater of:
10        (1) a value specified by the manufacturer of the power
11    unit, if such value is displayed on the Federal Motor
12    Vehicle Safety Standard (FMVSS) certification label
13    required by the National Highway Traffic Safety
14    Administration; or
15        (2) the sum of the gross vehicle weight ratings (GVWRs)
16    or the gross vehicle weights (GVWs) of the power unit and
17    the towed unit or units, or any combination thereof, that
18    produces the highest value. Exception: The GCWR of the
19    power unit will not be used to define a commercial motor
20    vehicle when the power unit is not towing another vehicle.
 
21    (625 ILCS 5/1-124.5)
22    Sec. 1-124.5. Gross Vehicle Weight Rating (GVWR). The value

 

 

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1specified by the manufacturer or manufacturers as the maximum
2loaded weight of a single vehicle. The GVWR of a combination of
3vehicles (commonly referred to as the "Gross Combination Weight
4Rating" or GCWR) is the GVWR of the power unit plus the GVWR of
5the towed unit or units. In the absence of a value specified by
6the manufacturer, GCWR is determined by adding the GVWR of the
7power unit and the total weight of the towed unit and any load
8on the unit.
9(Source: P.A. 90-89, eff. 1-1-98.)
 
10    (625 ILCS 5/3-818)  (from Ch. 95 1/2, par. 3-818)
11    Sec. 3-818. (a) Mileage weight tax option. Any owner of a
12vehicle of the second division may elect to pay a mileage
13weight tax for such vehicle in lieu of the flat weight tax set
14out in Section 3-815. Such election shall be binding to the end
15of the registration year. Renewal of this election must be
16filed with the Secretary of State on or before July 1 of each
17registration period. In such event the owner shall, at the time
18of making such election, pay the $10 registration fee and the
19minimum guaranteed mileage weight tax, as hereinafter
20provided, which payment shall permit the owner to operate that
21vehicle the maximum mileage in this State hereinafter set
22forth. Any vehicle being operated on mileage plates cannot be
23operated outside of this State. In addition thereto, the owner
24of that vehicle shall pay a mileage weight tax at the following
25rates for each mile traveled in this State in excess of the

 

 

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1maximum mileage provided under the minimum guaranteed basis:
2
BUS, TRUCK OR TRUCK TRACTOR
3MaximumMileage
4MinimumMileageWeight Tax
5GuaranteedPermittedfor Mileage
6Gross WeightMileageUnderin excess of
7Vehicle andWeightGuaranteedGuaranteed
8LoadClassTaxTaxMileage
912,000 lbs. or lessMD$735,00026 Mills
1012,001 to 16,000 lbs.MF1206,00034 Mills
1116,001 to 20,000 lbs.MG1806,00046 Mills
1220,001 to 24,000 lbs.MH2356,00063 Mills
1324,001 to 28,000 lbs.MJ3157,00063 Mills
1428,001 to 32,000 lbs.MK3857,00083 Mills
1532,001 to 36,000 lbs.ML4857,00099 Mills
1636,001 to 40,000 lbs.MN6157,000128 Mills
1740,001 to 45,000 lbs.MP6957,000139 Mills
1845,001 to 54,999 lbs.MR8537,000156 Mills
1955,000 to 59,500 lbs.MS9207,000178 Mills
2059,501 to 64,000 lbs.MT9857,000195 Mills
2164,001 to 73,280 lbs.MV1,1737,000225 Mills
2273,281 to 77,000 lbs.MX1,3287,000258 Mills
2377,001 to 80,000 lbs.MZ1,4157,000275 Mills
24
TRAILER
25MaximumMileage
26MinimumMileageWeight Tax

 

 

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1GuaranteedPermittedfor Mileage
2Gross WeightMileageUnderin excess of
3Vehicle andWeightGuaranteedGuaranteed
4LoadClassTaxTaxMileage
514,000 lbs. or lessME$755,00031 Mills
614,001 to 20,000 lbs.MF1356,00036 Mills
720,001 to 36,000 lbs.ML5407,000103 Mills
836,001 to 40,000 lbs.MM7507,000150 Mills
9    (a-1) A Special Hauling Vehicle is a vehicle or combination
10of vehicles of the second division registered under Section
113-813 transporting asphalt or concrete in the plastic state or
12a vehicle or combination of vehicles that are subject to the
13gross weight limitations in subsection (a) of Section 15-111
14for which the owner of the vehicle or combination of vehicles
15has elected to pay, in addition to the registration fee in
16subsection (a), $125 to the Secretary of State for each
17registration year. The Secretary shall designate this class of
18vehicle as a Special Hauling Vehicle.
19    In preparing rate schedules on registration applications,
20the Secretary of State shall add to the above rates, the $10
21registration fee. The Secretary may decline to accept any
22renewal filed after July 1st.
23    The number of axles necessary to carry the maximum load
24provided shall be determined from Chapter 15 of this Code.
25    Every owner of a second division motor vehicle for which he
26has elected to pay a mileage weight tax shall keep a daily

 

 

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1record upon forms prescribed by the Secretary of State, showing
2the mileage covered by that vehicle in this State. Such record
3shall contain the license number of the vehicle and the miles
4traveled by the vehicle in this State for each day of the
5calendar month. Such owner shall also maintain records of fuel
6consumed by each such motor vehicle and fuel purchases
7therefor. On or before the 10th day of July the owner shall
8certify to the Secretary of State upon forms prescribed
9therefor, summaries of his daily records which shall show the
10miles traveled by the vehicle in this State during the
11preceding 12 months and such other information as the Secretary
12of State may require. The daily record and fuel records shall
13be filed, preserved and available for audit for a period of 3
14years. Any owner filing a return hereunder shall certify that
15such return is a true, correct and complete return. Any person
16who willfully makes a false return hereunder is guilty of
17perjury and shall be punished in the same manner and to the
18same extent as is provided therefor.
19    At the time of filing his return, each owner shall pay to
20the Secretary of State the proper amount of tax at the rate
21herein imposed.
22    Every owner of a vehicle of the second division who elects
23to pay on a mileage weight tax basis and who operates the
24vehicle within this State, shall file with the Secretary of
25State a bond in the amount of $500. The bond shall be in a form
26approved by the Secretary of State and with a surety company

 

 

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1approved by the Illinois Department of Insurance to transact
2business in this State as surety, and shall be conditioned upon
3such applicant's paying to the State of Illinois all money
4becoming due by reason of the operation of the second division
5vehicle in this State, together with all penalties and interest
6thereon.
7    Upon notice from the Secretary that the registrant has
8failed to pay the excess mileage fees, the surety shall
9immediately pay the fees together with any penalties and
10interest thereon in an amount not to exceed the limits of the
11bond.
12    (b) Beginning January 1, 2016, upon the request of the
13vehicle owner, a $10 surcharge shall be collected in addition
14to the above fees for vehicles in the 12,000 lbs. and less flat
15weight plate category as described in subsection (a) to be
16deposited into the Secretary of State Special License Plate
17Fund. The $10 surcharge is to identify vehicles in the 12,000
18lbs. and less flat weight plate category as a covered farm
19vehicle. The $10 surcharge is an annual flat fee that shall be
20based on an applicant's new or existing registration year for
21each vehicle in the 12,000 lbs. and less flat weight plate
22category. A designation as a covered farm vehicle under this
23subsection (b) shall not alter a vehicle's registration as a
24registration in the 12,000 lbs. or less flat weight category.
25The Secretary shall adopt any rules necessary to implement this
26subsection (b).

 

 

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1(Source: P.A. 97-201, eff. 1-1-12.)
 
2    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
3    (Text of Section before amendment by P.A. 98-176)
4    Sec. 6-500. Definitions of words and phrases.
5Notwithstanding the definitions set forth elsewhere in this
6Code, for purposes of the Uniform Commercial Driver's License
7Act (UCDLA), the words and phrases listed below have the
8meanings ascribed to them as follows:
9    (1) Alcohol. "Alcohol" means any substance containing any
10form of alcohol, including but not limited to ethanol,
11methanol, propanol, and isopropanol.
12    (2) Alcohol concentration. "Alcohol concentration" means:
13        (A) the number of grams of alcohol per 210 liters of
14    breath; or
15        (B) the number of grams of alcohol per 100 milliliters
16    of blood; or
17        (C) the number of grams of alcohol per 67 milliliters
18    of urine.
19    Alcohol tests administered within 2 hours of the driver
20being "stopped or detained" shall be considered that driver's
21"alcohol concentration" for the purposes of enforcing this
22UCDLA.
23    (3) (Blank).
24    (4) (Blank).
25    (5) (Blank).

 

 

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

 

 

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1        (D) a state removes the CDL privilege from the driver
2    license.
3    (6) Commercial Motor Vehicle.
4        (A) "Commercial motor vehicle" or "CMV" means a motor
5    vehicle used in commerce, except those referred to in
6    subdivision (B), designed to transport passengers or
7    property if:
8            (i) the vehicle has a GVWR of 26,001 pounds or more
9        or such a lesser GVWR as subsequently determined by
10        federal regulations or the Secretary of State; or any
11        combination of vehicles with a GCWR of 26,001 pounds or
12        more, provided the GVWR of any vehicle or vehicles
13        being towed is 10,001 pounds or more; or
14            (ii) the vehicle is designed to transport 16 or
15        more persons; or
16            (iii) the vehicle is transporting hazardous
17        materials and is required to be placarded in accordance
18        with 49 C.F.R. Part 172, subpart F.
19        (B) Pursuant to the interpretation of the Commercial
20    Motor Vehicle Safety Act of 1986 by the Federal Highway
21    Administration, the definition of "commercial motor
22    vehicle" does not include:
23            (i) recreational vehicles, when operated primarily
24        for personal use;
25            (ii) vehicles owned by or operated under the
26        direction of the United States Department of Defense or

 

 

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

 

 

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1original jurisdiction or by an authorized administrative
2tribunal; an unvacated forfeiture of bail or collateral
3deposited to secure the person's appearance in court; a plea of
4guilty or nolo contendere accepted by the court; the payment of
5a fine or court cost regardless of whether the imposition of
6sentence is deferred and ultimately a judgment dismissing the
7underlying charge is entered; or a violation of a condition of
8release without bail, regardless of whether or not the penalty
9is rebated, suspended or probated.
10    (8.5) Day. "Day" means calendar day.
11    (9) (Blank).
12    (10) (Blank).
13    (11) (Blank).
14    (12) (Blank).
15    (13) Driver. "Driver" means any person who drives,
16operates, or is in physical control of a commercial motor
17vehicle, any person who is required to hold a CDL, or any
18person who is a holder of a CDL while operating a
19non-commercial motor vehicle.
20    (13.5) Driver applicant. "Driver applicant" means an
21individual who applies to a state to obtain, transfer, upgrade,
22or renew a CDL.
23    (13.8) Electronic device. "Electronic device" includes,
24but is not limited to, a cellular telephone, personal digital
25assistant, pager, computer, or any other device used to input,
26write, send, receive, or read text.

 

 

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1    (14) Employee. "Employee" means a person who is employed as
2a commercial motor vehicle driver. A person who is
3self-employed as a commercial motor vehicle driver must comply
4with the requirements of this UCDLA pertaining to employees. An
5owner-operator on a long-term lease shall be considered an
6employee.
7    (15) Employer. "Employer" means a person (including the
8United States, a State or a local authority) who owns or leases
9a commercial motor vehicle or assigns employees to operate such
10a vehicle. A person who is self-employed as a commercial motor
11vehicle driver must comply with the requirements of this UCDLA.
12    (15.3) Excepted interstate. "Excepted interstate" means a
13person who operates or expects to operate in interstate
14commerce, but engages exclusively in transportation or
15operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
16398.3 from all or part of the qualification requirements of 49
17C.F.R. Part 391 and is not required to obtain a medical
18examiner's certificate by 49 C.F.R. 391.45.
19    (15.5) Excepted intrastate. "Excepted intrastate" means a
20person who operates in intrastate commerce but engages
21exclusively in transportation or operations excepted from all
22or parts of the state driver qualification requirements.
23    (16) (Blank).
24    (16.5) Fatality. "Fatality" means the death of a person as
25a result of a motor vehicle accident.
26    (16.7) Foreign commercial driver. "Foreign commercial

 

 

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

 

 

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1commercial motor vehicle by the owner-lessor to a lessee, for a
2period of more than 29 days.
3    (21.1) Medical examiner. "Medical examiner" means an
4individual certified by the Federal Motor Carrier Safety
5Administration and listed on the National Registry of Certified
6Medical Examiners in accordance with Federal Motor Carrier
7Safety Regulations, 49 CFR 390.101 et seq.
8    (21.2) Medical examiner's certificate. "Medical examiner's
9certificate" means a document prescribed or approved by the
10Secretary of State that is issued by a medical examiner to a
11driver to medically qualify him or her to drive.
12    (21.5) Medical variance. "Medical variance" means a driver
13has received one of the following from the Federal Motor
14Carrier Safety Administration which allows the driver to be
15issued a medical certificate: (1) an exemption letter
16permitting operation of a commercial motor vehicle pursuant to
1749 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
18skill performance evaluation (SPE) certificate permitting
19operation of a commercial motor vehicle pursuant to 49 C.F.R.
20391.49.
21    (21.7) Mobile telephone. "Mobile telephone" means a mobile
22communication device that falls under or uses any commercial
23mobile radio service, as defined in regulations of the Federal
24Communications Commission, 47 CFR 20.3. It does not include
25two-way or citizens band radio services.
26    (22) Motor Vehicle. "Motor vehicle" means every vehicle

 

 

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1which is self-propelled, and every vehicle which is propelled
2by electric power obtained from over head trolley wires but not
3operated upon rails, except vehicles moved solely by human
4power and motorized wheel chairs.
5    (22.2) Motor vehicle record. "Motor vehicle record" means a
6report of the driving status and history of a driver generated
7from the driver record provided to users, such as drivers or
8employers, and is subject to the provisions of the Driver
9Privacy Protection Act, 18 U.S.C. 2721-2725.
10    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
11combination of motor vehicles not defined by the term
12"commercial motor vehicle" or "CMV" in this Section.
13    (22.7) Non-excepted interstate. "Non-excepted interstate"
14means a person who operates or expects to operate in interstate
15commerce, is subject to and meets the qualification
16requirements under 49 C.F.R. Part 391, and is required to
17obtain a medical examiner's certificate by 49 C.F.R. 391.45.
18    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
19means a person who operates only in intrastate commerce and is
20subject to State driver qualification requirements.
21    (23) Non-resident CDL. "Non-resident CDL" means a
22commercial driver's license issued by a state under either of
23the 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 include
17a 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 CDL,
22    of:
23            (i) a violation relating to excessive speeding,
24        involving a single speeding charge of 15 miles per hour
25        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 CDL; or
9            (vi) a violation relating to improper or erratic
10        traffic lane changes; or
11            (vii) a violation relating to following another
12        vehicle too closely; or
13            (viii) a violation relating to texting while
14        driving; or
15            (ix) a violation relating to the use of a hand-held
16        mobile telephone while driving; or
17        (B) any other similar violation of a law or local
18    ordinance of any state relating to motor vehicle traffic
19    control, other than a parking violation, which the
20    Secretary of State determines by administrative rule to be
21    serious.
22    (27) State. "State" means a state of the United States, the
23District of Columbia and any province or territory of Canada.
24    (28) (Blank).
25    (29) (Blank).
26    (30) (Blank).

 

 

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

 

 

HB2515- 19 -LRB099 08011 RJF 28152 b

1    to conduct a voice communication;
2        (2) dialing or answering a mobile telephone by pressing
3    more than a single button; or
4        (3) reaching for a mobile telephone in a manner that
5    requires a driver to maneuver so that he or she is no
6    longer in a seated driving position, restrained by a seat
7    belt that is installed in accordance with 49 CFR 393.93 and
8    adjusted in accordance with the vehicle manufacturer's
9    instructions.
10(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
11eff. 1-1-13; 98-463, eff. 8-16-13; 98-722, eff. 7-16-14.)
 
12    (Text of Section after amendment by P.A. 98-176)
13    Sec. 6-500. Definitions of words and phrases.
14Notwithstanding the definitions set forth elsewhere in this
15Code, for purposes of the Uniform Commercial Driver's License
16Act (UCDLA), the words and phrases listed below have the
17meanings ascribed to them as follows:
18    (1) Alcohol. "Alcohol" means any substance containing any
19form of alcohol, including but not limited to ethanol,
20methanol, propanol, and isopropanol.
21    (2) Alcohol concentration. "Alcohol concentration" means:
22        (A) the number of grams of alcohol per 210 liters of
23    breath; or
24        (B) the number of grams of alcohol per 100 milliliters
25    of blood; or

 

 

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1        (C) the number of grams of alcohol per 67 milliliters
2    of urine.
3    Alcohol tests administered within 2 hours of the driver
4being "stopped or detained" shall be considered that driver's
5"alcohol concentration" for the purposes of enforcing this
6UCDLA.
7    (3) (Blank).
8    (4) (Blank).
9    (5) (Blank).
10    (5.3) CDLIS driver record. "CDLIS driver record" means the
11electronic record of the individual CDL driver's status and
12history stored by the State-of-Record as part of the Commercial
13Driver's License Information System, or CDLIS, established
14under 49 U.S.C. 31309.
15    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
16record" or "CDLIS MVR" means a report generated from the CDLIS
17driver record meeting the requirements for access to CDLIS
18information and provided by states to users authorized in 49
19C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
20Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
21    (5.7) Commercial driver's license downgrade. "Commercial
22driver's license downgrade" or "CDL downgrade" means either:
23        (A) a state allows the driver to change his or her
24    self-certification to interstate, but operating
25    exclusively in transportation or operation excepted from
26    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

 

 

HB2515- 21 -LRB099 08011 RJF 28152 b

1    391.2, 391.68, or 398.3;
2        (B) a state allows the driver to change his or her
3    self-certification to intrastate only, if the driver
4    qualifies under that state's physical qualification
5    requirements for intrastate only;
6        (C) a state allows the driver to change his or her
7    certification to intrastate, but operating exclusively in
8    transportation or operations excepted from all or part of
9    the state driver qualification requirements; or
10        (D) a state removes the CDL privilege from the driver
11    license.
12    (6) Commercial Motor Vehicle.
13        (A) "Commercial motor vehicle" or "CMV" means a motor
14    vehicle or combination of motor vehicles used in commerce,
15    except those referred to in subdivision (B), designed to
16    transport passengers or property if the motor vehicle:
17            (i) has a gross combination weight rating or gross
18        combination weight of 11,794 kilograms or more (26,001
19        pounds or more), whichever is greater, inclusive of any
20        towed unit with a gross vehicle weight rating or gross
21        vehicle weight of more than 4,536 kilograms (10,000
22        pounds), whichever is greater; or
23            (i-5) has a gross vehicle weight rating or gross
24        vehicle weight of 11,794 or more kilograms (26,001
25        pounds or more), whichever is greater; or
26            (ii) is designed to transport 16 or more persons,

 

 

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

 

 

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1        functions which are normally not subject to general
2        traffic rules and regulations.
3    (7) Controlled Substance. "Controlled substance" shall
4have the same meaning as defined in Section 102 of the Illinois
5Controlled Substances Act, and shall also include cannabis as
6defined in Section 3 of the Cannabis Control Act and
7methamphetamine as defined in Section 10 of the Methamphetamine
8Control and Community Protection Act.
9    (8) Conviction. "Conviction" means an unvacated
10adjudication of guilt or a determination that a person has
11violated or failed to comply with the law in a court of
12original jurisdiction or by an authorized administrative
13tribunal; an unvacated forfeiture of bail or collateral
14deposited to secure the person's appearance in court; a plea of
15guilty or nolo contendere accepted by the court; the payment of
16a fine or court cost regardless of whether the imposition of
17sentence is deferred and ultimately a judgment dismissing the
18underlying charge is entered; or a violation of a condition of
19release without bail, regardless of whether or not the penalty
20is rebated, suspended or probated.
21    (8.5) Day. "Day" means calendar day.
22    (9) (Blank).
23    (10) (Blank).
24    (11) (Blank).
25    (12) (Blank).
26    (13) Driver. "Driver" means any person who drives,

 

 

HB2515- 24 -LRB099 08011 RJF 28152 b

1operates, or is in physical control of a commercial motor
2vehicle, any person who is required to hold a CDL, or any
3person who is a holder of a CDL while operating a
4non-commercial motor vehicle.
5    (13.5) Driver applicant. "Driver applicant" means an
6individual who applies to a state or other jurisdiction to
7obtain, transfer, upgrade, or renew a CDL or to obtain or renew
8a CLP.
9    (13.8) Electronic device. "Electronic device" includes,
10but is not limited to, a cellular telephone, personal digital
11assistant, pager, computer, or any other device used to input,
12write, send, receive, or read text.
13    (14) Employee. "Employee" means a person who is employed as
14a commercial motor vehicle driver. A person who is
15self-employed as a commercial motor vehicle driver must comply
16with the requirements of this UCDLA pertaining to employees. An
17owner-operator on a long-term lease shall be considered an
18employee.
19    (15) Employer. "Employer" means a person (including the
20United States, a State or a local authority) who owns or leases
21a commercial motor vehicle or assigns employees to operate such
22a vehicle. A person who is self-employed as a commercial motor
23vehicle driver must comply with the requirements of this UCDLA.
24    (15.1) Endorsement. "Endorsement" means an authorization
25to an individual's CLP or CDL required to permit the individual
26to operate certain types of commercial motor vehicles.

 

 

HB2515- 25 -LRB099 08011 RJF 28152 b

1    (15.3) Excepted interstate. "Excepted interstate" means a
2person who operates or expects to operate in interstate
3commerce, but engages exclusively in transportation or
4operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
5398.3 from all or part of the qualification requirements of 49
6C.F.R. Part 391 and is not required to obtain a medical
7examiner's certificate by 49 C.F.R. 391.45.
8    (15.5) Excepted intrastate. "Excepted intrastate" means a
9person who operates in intrastate commerce but engages
10exclusively in transportation or operations excepted from all
11or parts of the state driver qualification requirements.
12    (16) (Blank).
13    (16.5) Fatality. "Fatality" means the death of a person as
14a result of a motor vehicle accident.
15    (16.7) Foreign commercial driver. "Foreign commercial
16driver" means a person licensed to operate a commercial motor
17vehicle by an authority outside the United States, or a citizen
18of a foreign country who operates a commercial motor vehicle in
19the United States.
20    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
21sovereign jurisdiction that does not fall within the definition
22of "State".
23    (18) (Blank).
24    (19) (Blank).
25    (20) Hazardous materials. "Hazardous Material" means any
26material that has been designated under 49 U.S.C. 5103 and is

 

 

HB2515- 26 -LRB099 08011 RJF 28152 b

1required to be placarded under subpart F of 49 C.F.R. part 172
2or any quantity of a material listed as a select agent or toxin
3in 42 C.F.R. part 73.
4    (20.5) Imminent Hazard. "Imminent hazard" means the
5existence of any condition of a vehicle, employee, or
6commercial motor vehicle operations that substantially
7increases the likelihood of serious injury or death if not
8discontinued immediately; or a condition relating to hazardous
9material that presents a substantial likelihood that death,
10serious illness, severe personal injury, or a substantial
11endangerment to health, property, or the environment may occur
12before the reasonably foreseeable completion date of a formal
13proceeding begun to lessen the risk of that death, illness,
14injury or endangerment.
15    (20.6) Issuance. "Issuance" means initial issuance,
16transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
17CLP or CDL.
18    (20.7) Issue. "Issue" means initial issuance, transfer,
19renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
20non-domiciled CDL.
21    (21) Long-term lease. "Long-term lease" means a lease of a
22commercial motor vehicle by the owner-lessor to a lessee, for a
23period of more than 29 days.
24    (21.01) Manual transmission. "Manual transmission" means a
25transmission utilizing a driver-operated clutch that is
26activated by a pedal or lever and a gear-shift mechanism

 

 

HB2515- 27 -LRB099 08011 RJF 28152 b

1operated either by hand or foot including those known as a
2stick shift, stick, straight drive, or standard transmission.
3All other transmissions, whether semi-automatic or automatic,
4shall be considered automatic for the purposes of the
5standardized restriction code.
6    (21.1) Medical examiner. "Medical examiner" means an
7individual certified by the Federal Motor Carrier Safety
8Administration and listed on the National Registry of Certified
9Medical Examiners in accordance with Federal Motor Carrier
10Safety Regulations, 49 CFR 390.101 et seq.
11    (21.2) Medical examiner's certificate. "Medical examiner's
12certificate" means a document prescribed or approved by the
13Secretary of State that is issued by a medical examiner to a
14driver to medically qualify him or her to drive.
15    (21.5) Medical variance. "Medical variance" means a driver
16has received one of the following from the Federal Motor
17Carrier Safety Administration which allows the driver to be
18issued a medical certificate: (1) an exemption letter
19permitting operation of a commercial motor vehicle pursuant to
2049 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
21skill performance evaluation (SPE) certificate permitting
22operation of a commercial motor vehicle pursuant to 49 C.F.R.
23391.49.
24    (21.7) Mobile telephone. "Mobile telephone" means a mobile
25communication device that falls under or uses any commercial
26mobile radio service, as defined in regulations of the Federal

 

 

HB2515- 28 -LRB099 08011 RJF 28152 b

1Communications Commission, 47 CFR 20.3. It does not include
2two-way or citizens band radio services.
3    (22) Motor Vehicle. "Motor vehicle" means every vehicle
4which is self-propelled, and every vehicle which is propelled
5by electric power obtained from over head trolley wires but not
6operated upon rails, except vehicles moved solely by human
7power and motorized wheel chairs.
8    (22.2) Motor vehicle record. "Motor vehicle record" means a
9report of the driving status and history of a driver generated
10from the driver record provided to users, such as drivers or
11employers, and is subject to the provisions of the Driver
12Privacy Protection Act, 18 U.S.C. 2721-2725.
13    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
14combination of motor vehicles not defined by the term
15"commercial motor vehicle" or "CMV" in this Section.
16    (22.7) Non-excepted interstate. "Non-excepted interstate"
17means a person who operates or expects to operate in interstate
18commerce, is subject to and meets the qualification
19requirements under 49 C.F.R. Part 391, and is required to
20obtain a medical examiner's certificate by 49 C.F.R. 391.45.
21    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
22means a person who operates only in intrastate commerce and is
23subject to State driver qualification requirements.
24    (23) Non-domiciled CLP or Non-domiciled CDL.
25"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
26respectively, issued by a state or other jurisdiction under

 

 

HB2515- 29 -LRB099 08011 RJF 28152 b

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

 

 

HB2515- 30 -LRB099 08011 RJF 28152 b

1            (i) a violation relating to excessive speeding,
2        involving a single speeding charge of 15 miles per hour
3        or more above the legal speed limit; or
4            (ii) a violation relating to reckless driving; or
5            (iii) a violation of any State law or local
6        ordinance relating to motor vehicle traffic control
7        (other than parking violations) arising in connection
8        with a fatal traffic accident; or
9            (iv) a violation of Section 6-501, relating to
10        having multiple driver's licenses; or
11            (v) a violation of paragraph (a) of Section 6-507,
12        relating to the requirement to have a valid CLP or CDL;
13        or
14            (vi) a violation relating to improper or erratic
15        traffic lane changes; or
16            (vii) a violation relating to following another
17        vehicle too closely; or
18            (viii) a violation relating to texting while
19        driving; or
20            (ix) a violation relating to the use of a hand-held
21        mobile telephone while driving; or
22        (B) any other similar violation of a law or local
23    ordinance of any state relating to motor vehicle traffic
24    control, other than a parking violation, which the
25    Secretary of State determines by administrative rule to be
26    serious.

 

 

HB2515- 31 -LRB099 08011 RJF 28152 b

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

 

 

HB2515- 32 -LRB099 08011 RJF 28152 b

1        otherwise prohibited by Part 392 of the Federal Motor
2        Carrier Safety Regulations.
3    (32.3) Third party skills test examiner. "Third party
4skills test examiner" means a person employed by a third party
5tester who is authorized by the State to administer the CDL
6skills tests specified in 49 C.F.R. Part 383, subparts G and H.
7    (32.5) Third party tester. "Third party tester" means a
8person (including, but not limited to, another state, a motor
9carrier, a private driver training facility or other private
10institution, or a department, agency, or instrumentality of a
11local government) authorized by the State to employ skills test
12examiners to administer the CDL skills tests specified in 49
13C.F.R. Part 383, subparts G and H.
14    (32.7) United States. "United States" means the 50 states
15and the District of Columbia.
16    (33) Use a hand-held mobile telephone. "Use a hand-held
17mobile telephone" means:
18        (1) using at least one hand to hold a mobile telephone
19    to conduct a voice communication;
20        (2) dialing or answering a mobile telephone by pressing
21    more than a single button; or
22        (3) reaching for a mobile telephone in a manner that
23    requires a driver to maneuver so that he or she is no
24    longer in a seated driving position, restrained by a seat
25    belt that is installed in accordance with 49 CFR 393.93 and
26    adjusted in accordance with the vehicle manufacturer's

 

 

HB2515- 33 -LRB099 08011 RJF 28152 b

1    instructions.
2(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
3eff. 1-1-13; 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722
4for the effective date of changes made by P.A. 98-176); 98-463,
5eff. 8-16-13; 98-722, eff. 7-16-14.)
 
6    (625 ILCS 5/6-507)  (from Ch. 95 1/2, par. 6-507)
7    (Text of Section before amendment by P.A. 98-176)
8    Sec. 6-507. Commercial Driver's License (CDL) Required.
9    (a) Except as expressly permitted by this UCDLA, or when
10driving pursuant to the issuance of a commercial driver
11instruction permit and accompanied by the holder of a CDL valid
12for the vehicle being driven; no person shall drive a
13commercial motor vehicle on the highways without:
14        (1) a CDL in the driver's possession;
15        (2) having obtained a CDL;
16        (3) the proper class of CDL or endorsements or both for
17    the specific vehicle group being operated or for the
18    passengers or type of cargo being transported; or
19        (4) a copy of a medical variance document, if one
20    exists, such as an exemption letter or a skill performance
21    evaluation certificate.
22    (b) Except as otherwise provided by this Code, no person
23may drive a commercial motor vehicle on the highways while such
24person's driving privilege, license, or permit is:
25        (1) Suspended, revoked, cancelled, or subject to

 

 

HB2515- 34 -LRB099 08011 RJF 28152 b

1    disqualification. Any person convicted of violating this
2    provision or a similar provision of this or any other state
3    shall have their driving privileges revoked under
4    paragraph 12 of subsection (a) of Section 6-205 of this
5    Code.
6        (2) Subject to or in violation of an "out-of-service"
7    order. Any person who has been issued a CDL and is
8    convicted of violating this provision or a similar
9    provision of any other state shall be disqualified from
10    operating a commercial motor vehicle under subsection (i)
11    of Section 6-514 of this Code.
12        (3) Subject to or in violation of a driver or vehicle
13    "out of service" order while operating a vehicle designed
14    to transport 16 or more passengers, including the driver,
15    or transporting hazardous materials required to be
16    placarded. Any person who has been issued a CDL and is
17    convicted of violating this provision or a similar
18    provision of this or any other state shall be disqualified
19    from operating a commercial motor vehicle under subsection
20    (i) of Section 6-514 of this Code.
21    (b-3) Except as otherwise provided by this Code, no person
22may drive a commercial motor vehicle on the highways during a
23period which the commercial motor vehicle or the motor carrier
24operation is subject to an "out-of-service" order. Any person
25who is convicted of violating this provision or a similar
26provision of any other state shall be disqualified from

 

 

HB2515- 35 -LRB099 08011 RJF 28152 b

1operating a commercial motor vehicle under subsection (i) of
2Section 6-514 of this Code.
3    (b-5) Except as otherwise provided by this Code, no person
4may operate a vehicle designed to transport 16 or more
5passengers including the driver or hazardous materials of a
6type or quantity that requires the vehicle to be placarded
7during a period in which the commercial motor vehicle or the
8motor carrier operation is subject to an "out-of-service"
9order. Any person who is convicted of violating this provision
10or a similar provision of any other state shall be disqualified
11from operating a commercial motor vehicle under subsection (i)
12of Section 6-514 of this Code.
13    (c) Pursuant to the options provided to the States by FHWA
14Docket No. MC-88-8, the driver of any motor vehicle controlled
15or operated by or for a farmer is waived from the requirements
16of this Section, when such motor vehicle is being used to
17transport: agricultural products; implements of husbandry; or
18farm supplies; to and from a farm, as long as such movement is
19not over 150 air miles from the originating farm. This waiver
20does not apply to the driver of any motor vehicle being used in
21a common or contract carrier type operation. However, for those
22drivers of any truck-tractor semitrailer combination or
23combinations registered under subsection (c) of Section 3-815
24of this Code, this waiver shall apply only when the driver is a
25farmer or a member of the farmer's family and the driver is 21
26years of age or more and has successfully completed any tests

 

 

HB2515- 36 -LRB099 08011 RJF 28152 b

1the Secretary of State deems necessary.
2    In addition, the farmer or a member of the farmer's family
3who operates a truck-tractor semitrailer combination or
4combinations pursuant to this waiver shall be granted all of
5the rights and shall be subject to all of the duties and
6restrictions with respect to Sections 6-514 and 6-515 of this
7Code applicable to the driver who possesses a commercial
8driver's license issued under this Code, except that the driver
9shall not be subject to any additional duties or restrictions
10contained in Part 382 of the Federal Motor Carrier Safety
11Regulations that are not otherwise imposed under Section 6-514
12or 6-515 of this Code.
13    For purposes of this subsection (c), a member of the
14farmer's family is a natural or in-law spouse, child, parent,
15or sibling.
16    (c-5) An employee of a township or road district with a
17population of less than 3,000 operating a vehicle within the
18boundaries of the township or road district for the purpose of
19removing snow or ice from a roadway by plowing, sanding, or
20salting is waived from the requirements of this Section when
21the employee is needed to operate the vehicle because the
22employee of the township or road district who ordinarily
23operates the vehicle and who has a commercial driver's license
24is unable to operate the vehicle or is in need of additional
25assistance due to a snow emergency.
26    (c-10) A driver of a commercial motor vehicle used

 

 

HB2515- 37 -LRB099 08011 RJF 28152 b

1primarily in the transportation of propane winter heating fuel
2or a driver of a motor vehicle used to respond to a pipeline
3emergency is waived from the requirements of this Section if
4such requirements would prevent the driver from responding to
5an emergency condition requiring immediate response as defined
6in 49 C.F.R. Part 390.5.
7    (d) Any person convicted of violating this Section, shall
8be guilty of a Class A misdemeanor.
9    (e) Any person convicted of violating paragraph (1) of
10subsection (b) of this Section, shall have all driving
11privileges revoked by the Secretary of State.
12    (f) This Section shall not apply to:
13        (1) A person who currently holds a valid Illinois
14    driver's license, for the type of vehicle being operated,
15    until the expiration of such license or April 1, 1992,
16    whichever is earlier; or
17        (2) A non-Illinois domiciliary who is properly
18    licensed in another State, until April 1, 1992. A
19    non-Illinois domiciliary, if such domiciliary is properly
20    licensed in another State or foreign jurisdiction, until
21    April 1, 1992.
22(Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229,
23eff. 7-28-11; 97-813, eff. 7-13-12.)
 
24    (Text of Section after amendment by P.A. 98-176)
25    Sec. 6-507. Commercial Driver's License (CDL) or

 

 

HB2515- 38 -LRB099 08011 RJF 28152 b

1Commercial Learner's Permit (CLP) Required.
2    (a) Except as expressly permitted by this UCDLA, or when
3driving pursuant to the issuance of a commercial learner's
4permit and accompanied by the holder of a CDL valid for the
5vehicle being driven; no person shall drive a commercial motor
6vehicle on the highways without:
7        (1) a CDL in the driver's possession;
8        (2) having obtained a CLP or CDL;
9        (3) the proper class of CLP or CDL or endorsements or
10    both for the specific vehicle group being operated or for
11    the passengers or type of cargo being transported; or
12        (4) a copy of a medical variance document, if one
13    exists, such as an exemption letter or a skill performance
14    evaluation certificate.
15    (a-5) A CLP or CDL holder whose CLP or CDL is held by this
16State or any other state in the course of enforcement of a
17motor vehicle traffic code and who has not been convicted of a
18disqualifying offense under 49 C.F.R. 383.51 based on this
19enforcement, may drive a CMV while holding a dated receipt for
20the CLP or CDL.
21    (b) Except as otherwise provided by this Code, no person
22may drive a commercial motor vehicle on the highways while such
23person's driving privilege, license, or permit is:
24        (1) Suspended, revoked, cancelled, or subject to
25    disqualification. Any person convicted of violating this
26    provision or a similar provision of this or any other state

 

 

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1    shall have their driving privileges revoked under
2    paragraph 12 of subsection (a) of Section 6-205 of this
3    Code.
4        (2) Subject to or in violation of an "out-of-service"
5    order. Any person who has been issued a CLP or CDL and is
6    convicted of violating this provision or a similar
7    provision of any other state shall be disqualified from
8    operating a commercial motor vehicle under subsection (i)
9    of Section 6-514 of this Code.
10        (3) Subject to or in violation of a driver or vehicle
11    "out of service" order while operating a vehicle designed
12    to transport 16 or more passengers, including the driver,
13    or transporting hazardous materials required to be
14    placarded. Any person who has been issued a CLP or CDL and
15    is convicted of violating this provision or a similar
16    provision of this or any other state shall be disqualified
17    from operating a commercial motor vehicle under subsection
18    (i) of Section 6-514 of this Code.
19    (b-3) Except as otherwise provided by this Code, no person
20may drive a commercial motor vehicle on the highways during a
21period which the commercial motor vehicle or the motor carrier
22operation is subject to an "out-of-service" order. Any person
23who is convicted of violating this provision or a similar
24provision of any other state shall be disqualified from
25operating a commercial motor vehicle under subsection (i) of
26Section 6-514 of this Code.

 

 

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1    (b-5) Except as otherwise provided by this Code, no person
2may operate a vehicle designed to transport 16 or more
3passengers including the driver or hazardous materials of a
4type or quantity that requires the vehicle to be placarded
5during a period in which the commercial motor vehicle or the
6motor carrier operation is subject to an "out-of-service"
7order. Any person who is convicted of violating this provision
8or a similar provision of any other state shall be disqualified
9from operating a commercial motor vehicle under subsection (i)
10of Section 6-514 of this Code.
11    (c) Pursuant to the options provided to the States by FHWA
12Docket No. MC-88-8, the driver of any motor vehicle controlled
13or operated by or for a farmer is waived from the requirements
14of this Section, when such motor vehicle is being used to
15transport: agricultural products; implements of husbandry; or
16farm supplies; to and from a farm, as long as such movement is
17not over 150 air miles from the originating farm. This waiver
18does not apply to the driver of any motor vehicle being used in
19a common or contract carrier type operation. However, for those
20drivers of any truck-tractor semitrailer combination or
21combinations registered under subsection (c) of Section 3-815
22of this Code, this waiver shall apply only when the driver is a
23farmer or a member of the farmer's family and the driver is 21
24years of age or more and has successfully completed any tests
25the Secretary of State deems necessary.
26    In addition, the farmer or a member of the farmer's family

 

 

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1who operates a truck-tractor semitrailer combination or
2combinations pursuant to this waiver shall be granted all of
3the rights and shall be subject to all of the duties and
4restrictions with respect to Sections 6-514 and 6-515 of this
5Code applicable to the driver who possesses a commercial
6driver's license issued under this Code, except that the driver
7shall not be subject to any additional duties or restrictions
8contained in Part 382 of the Federal Motor Carrier Safety
9Regulations that are not otherwise imposed under Section 6-514
10or 6-515 of this Code.
11    For purposes of this subsection (c), a member of the
12farmer's family is a natural or in-law spouse, child, parent,
13or sibling.
14    As required under the Code of Federal Regulations 49 CFR
15390.39, an operator of a covered farm vehicle, as defined under
16Section 18b-101 of this Code, is exempt from the requirements
17of this Section.
18    (c-5) An employee of a township or road district with a
19population of less than 3,000 operating a vehicle within the
20boundaries of the township or road district for the purpose of
21removing snow or ice from a roadway by plowing, sanding, or
22salting is waived from the requirements of this Section when
23the employee is needed to operate the vehicle because the
24employee of the township or road district who ordinarily
25operates the vehicle and who has a commercial driver's license
26is unable to operate the vehicle or is in need of additional

 

 

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1assistance due to a snow emergency.
2    (c-10) A driver of a commercial motor vehicle used
3primarily in the transportation of propane winter heating fuel
4or a driver of a motor vehicle used to respond to a pipeline
5emergency is waived from the requirements of this Section if
6such requirements would prevent the driver from responding to
7an emergency condition requiring immediate response as defined
8in 49 C.F.R. Part 390.5.
9    (d) Any person convicted of violating this Section, shall
10be guilty of a Class A misdemeanor.
11    (e) Any person convicted of violating paragraph (1) of
12subsection (b) of this Section, shall have all driving
13privileges revoked by the Secretary of State.
14    (f) This Section shall not apply to:
15        (1) A person who currently holds a valid Illinois
16    driver's license, for the type of vehicle being operated,
17    until the expiration of such license or April 1, 1992,
18    whichever is earlier; or
19        (2) A non-Illinois domiciliary who is properly
20    licensed in another State, until April 1, 1992. A
21    non-Illinois domiciliary, if such domiciliary is properly
22    licensed in another State or foreign jurisdiction, until
23    April 1, 1992.
24(Source: P.A. 97-208, eff. 1-1-12; 97-229, eff. 7-28-11;
2597-813, eff. 7-13-12; 98-176, eff. 7-8-15 (see Section 10 of
26P.A. 98-722 for the effective date of changes made by P.A.

 

 

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198-176).)
 
2    (625 ILCS 5/6-508.1)
3    (Text of Section before amendment by P.A. 98-176)
4    Sec. 6-508.1. Medical Examiner's Certificate.
5    (a) It shall be unlawful for any person to drive a CMV in
6non-excepted interstate commerce unless the person holds a CDL
7and is medically certified as physically qualified to do so.
8    (b) No person who has certified to non-excepted interstate
9driving as provided in Section 6-508 of this Code shall be
10issued a commercial driver instruction permit or CDL unless
11that person presents to the Secretary a medical examiner's
12certificate or has a current medical examiner's certificate on
13the CDLIS driver record.
14    (c) Persons who hold a commercial driver instruction permit
15or CDL on January 30, 2012 who have certified as non-excepted
16interstate as provided in Section 6-508 of this Code must
17provide to the Secretary a medical examiner's certificate no
18later than January 30, 2014.
19    (d) As of January 30, 2014, all persons who hold a
20commercial driver instruction permit or CDL who have certified
21as non-excepted interstate shall maintain a current medical
22examiner's certificate on file with the Secretary.
23    (e) Within 10 calendar days of receipt of a medical
24examiner's certificate of a driver who has certified as
25non-excepted interstate, the Secretary shall post the

 

 

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1following to the CDLIS driver record:
2        (1) the medical examiner's name;
3        (2) the medical examiner's telephone number;
4        (3) the date of issuance of the medical examiner's
5    certificate;
6        (4) the medical examiner's license number and the state
7    that issued it;
8        (5) the medical certification status;
9        (6) the expiration date of the medical examiner's
10    certificate;
11        (7) the existence of any medical variance on the
12    medical examiner's certificate or grandfather provisions;
13        (8) any restrictions noted on the medical examiner's
14    certificate; and
15        (9) the date the medical examiner's certificate
16    information was posted to the CDLIS driver record.
17    (f) Within 10 calendar days of the expiration or rescission
18of the driver's medical examiner's certificate or medical
19variance or both, the Secretary shall update the medical
20certification status to "not certified".
21    (g) Within 10 calendar days of receipt of information from
22the Federal Motor Carrier Safety Administration regarding
23issuance or renewal of a medical variance, the Secretary shall
24update the CDLIS driver record to include the medical variance
25information provided by the Federal Motor Carrier Safety
26Administration.

 

 

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1    (h) The Secretary shall notify the driver of his or her
2non-certified status and that his or her CDL will be canceled
3unless the driver submits a current medical examiner's
4certificate or medical variance or changes his or her
5self-certification to driving only in excepted or intrastate
6commerce.
7    (i) Within 60 calendar days of a driver's medical
8certification status becoming non-certified, the Secretary
9shall cancel the CDL.
10(Source: P.A. 97-208, eff. 1-1-12.)
 
11    (Text of Section after amendment by P.A. 98-176)
12    Sec. 6-508.1. Medical Examiner's Certificate.
13    (a) It shall be unlawful for any person to drive a CMV in
14non-excepted interstate commerce unless the person holds a CLP
15or CDL and is medically certified as physically qualified to do
16so.
17    (b) No person who has certified to non-excepted interstate
18driving as provided in Sections 6-507.5 and 6-508 of this Code
19shall be issued a commercial learner's permit or CDL unless
20that person presents to the Secretary a medical examiner's
21certificate or has a current medical examiner's certificate on
22the CDLIS driver record.
23    (c) Persons who hold a commercial driver instruction permit
24or CDL on January 30, 2012 who have certified as non-excepted
25interstate as provided in Section 6-508 of this Code must

 

 

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1provide to the Secretary a medical examiner's certificate no
2later than January 30, 2014.
3    (d) On and after January 30, 2014, all persons who hold a
4commercial driver instruction permit or CDL who have certified
5as non-excepted interstate shall maintain a current medical
6examiner's certificate on file with the Secretary. On and after
7July 1, 2014, all persons issued a CLP who have certified as
8non-excepted interstate shall maintain a current medical
9examiner's certificate on file with the Secretary.
10    (e) Within 10 calendar days of receipt of a medical
11examiner's certificate of a driver who has certified as
12non-excepted interstate, the Secretary shall post the
13following to the CDLIS driver record:
14        (1) the medical examiner's name;
15        (2) the medical examiner's telephone number;
16        (3) the date of issuance of the medical examiner's
17    certificate;
18        (4) the medical examiner's license number and the state
19    that issued it;
20        (5) the medical certification status;
21        (6) the expiration date of the medical examiner's
22    certificate;
23        (7) the existence of any medical variance on the
24    medical examiner's certificate or grandfather provisions;
25        (8) any restrictions noted on the medical examiner's
26    certificate; and

 

 

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1        (9) the date the medical examiner's certificate
2    information was posted to the CDLIS driver record.
3    (f) Within 10 calendar days of the expiration or rescission
4of the driver's medical examiner's certificate or medical
5variance or both, the Secretary shall update the medical
6certification status to "not certified".
7    (g) Within 10 calendar days of receipt of information from
8the Federal Motor Carrier Safety Administration regarding
9issuance or renewal of a medical variance, the Secretary shall
10update the CDLIS driver record to include the medical variance
11information provided by the Federal Motor Carrier Safety
12Administration.
13    (h) The Secretary shall notify the driver of his or her
14non-certified status and that his or her CDL will be canceled
15unless the driver submits a current medical examiner's
16certificate or medical variance or changes his or her
17self-certification to driving only in excepted or intrastate
18commerce.
19    (i) Within 60 calendar days of a driver's medical
20certification status becoming non-certified, the Secretary
21shall cancel the CDL.
22    (j) As required under the Code of Federal Regulations 49
23CFR 390.39, an operator of a covered farm vehicle, as defined
24under Section 18b-101 of this Code, is exempt from the
25requirements of this Section.
26(Source: P.A. 97-208, eff. 1-1-12; 98-176, eff. 7-8-15 (see

 

 

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1Section 10 of P.A. 98-722 for the effective date of changes
2made by P.A. 98-176).)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
 
10    Section 999. Effective date. This Act takes effect July 1,
112015.