Full Text of HB0408 95th General Assembly
HB0408 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0408
Introduced 01/26/07, by Rep. David R. Leitch - Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-107 |
from Ch. 95 1/2, par. 6-107 |
625 ILCS 5/6-107.1 |
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Amends the Illinois Vehicle Code. Provides that a minor holding an instruction permit or a graduated driver's license must display on any vehicle he or she is driving a sign or signs, approved by the Secretary of State, indicating that the vehicle is being driven by a new driver. Provides that the Secretary of State shall adopt rules for implementing the new provisions. Provides that the rules shall address the issue of whether a fee shall be charged for obtaining the sign or signs and the amount of the fee, if any.
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A BILL FOR
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HB0408 |
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LRB095 06388 DRH 26485 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-107 and 6-107.1 as follows:
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| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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| Sec. 6-107. Graduated license.
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| (a) The purpose of the Graduated
Licensing Program is to | 9 |
| develop safe and mature driving habits in young,
inexperienced | 10 |
| drivers and reduce or prevent motor vehicle accidents,
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| fatalities,
and injuries by:
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| (1) providing for an increase in the time of practice | 13 |
| period before
granting
permission to obtain a driver's | 14 |
| license;
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| (2) strengthening driver licensing and testing | 16 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 18 |
| age 21 who have
committed serious traffic violations or | 19 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 21 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 23 |
| years, and not legally emancipated by marriage, for a drivers
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HB0408 |
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LRB095 06388 DRH 26485 b |
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| license or permit to operate a motor vehicle issued under the | 2 |
| laws of this
State, shall be accompanied by the written consent | 3 |
| of either parent of the
applicant; otherwise by the guardian | 4 |
| having custody of the applicant, or
in the event there is no | 5 |
| parent or guardian, then by another responsible adult. The | 6 |
| written consent must accompany any application for a driver's | 7 |
| license under this subsection (b), regardless of whether or not | 8 |
| the required written consent also accompanied the person's | 9 |
| previous application for an instruction permit.
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| No graduated driver's license shall be issued to any | 11 |
| applicant under 18
years
of age, unless the applicant is at | 12 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 3 | 14 |
| months.
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| (2) Passed an approved driver education course
and | 16 |
| submits proof of having passed the course as may
be | 17 |
| required.
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| (3) Certification by the parent, legal guardian, or | 19 |
| responsible adult that
the applicant has had a minimum of | 20 |
| 50 hours of behind-the-wheel practice time, at least 10 | 21 |
| hours of which have been at night,
and is sufficiently | 22 |
| prepared and able to safely operate a motor vehicle.
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| (b-1) No graduated
driver's license shall be issued to any | 24 |
| applicant who is under 18 years of age
and not legally | 25 |
| emancipated by marriage, unless the applicant has graduated
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| from a secondary school of this State or any other state, is |
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HB0408 |
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LRB095 06388 DRH 26485 b |
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| enrolled in a
course leading to a general educational | 2 |
| development (GED) certificate, has
obtained a GED certificate, | 3 |
| is enrolled in an elementary or secondary school or college or | 4 |
| university
of this State or any other state and is not a | 5 |
| chronic or habitual truant as provided in Section 26-2a of the | 6 |
| School Code, or is receiving home instruction and submits proof | 7 |
| of meeting any of those
requirements at the time of | 8 |
| application.
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| An applicant under 18 years of age who provides proof | 10 |
| acceptable to the Secretary that the applicant has resumed | 11 |
| regular school attendance or home instruction or that his or | 12 |
| her application was denied in error shall be eligible to | 13 |
| receive a graduated license if other requirements are met. The | 14 |
| Secretary shall adopt rules for implementing this subsection | 15 |
| (b-1).
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| (c) No graduated driver's license or permit shall be issued | 17 |
| to
any applicant under 18
years of age who has committed the | 18 |
| offense of operating a motor vehicle
without a valid license or | 19 |
| permit in violation of Section 6-101 of this Code
and no | 20 |
| graduated driver's
license or permit shall be issued to any | 21 |
| applicant under 18 years of age
who has committed an offense | 22 |
| that would otherwise result in a
mandatory revocation of a | 23 |
| license or permit as provided in Section 6-205 of
this Code or | 24 |
| who has been either convicted of or adjudicated a delinquent | 25 |
| based
upon a violation of the Cannabis Control Act, the | 26 |
| Illinois Controlled
Substances Act, or the Methamphetamine |
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HB0408 |
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LRB095 06388 DRH 26485 b |
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| Control and Community Protection Act while that individual was | 2 |
| in actual physical control of a motor
vehicle. For purposes of | 3 |
| this Section, any person placed on probation under
Section 10 | 4 |
| of the Cannabis Control Act, Section 410 of the Illinois
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| Controlled Substances Act, or Section 70 of the Methamphetamine | 6 |
| Control and Community Protection Act shall not be considered | 7 |
| convicted. Any person found
guilty of this offense, while in | 8 |
| actual physical control of a motor vehicle,
shall have an entry | 9 |
| made in the court record by the judge that this offense did
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| occur while the person was in actual physical control of a | 11 |
| motor vehicle and
order the clerk of the court to report the | 12 |
| violation to the Secretary of State
as such.
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| (d) No graduated driver's license shall be issued for 6 | 14 |
| months to any
applicant
under
the
age of 18 years who has been | 15 |
| convicted of any offense defined as a serious
traffic violation | 16 |
| in this Code or
a similar provision of a local ordinance.
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| (e) No graduated driver's license holder under the age
of | 18 |
| 18 years shall operate any
motor vehicle, except a motor driven | 19 |
| cycle or motorcycle, with
more than one passenger in the front | 20 |
| seat of the motor vehicle
and no more passengers in the back | 21 |
| seats than the number of available seat
safety belts as set | 22 |
| forth in Section 12-603 of this Code.
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| (f) No graduated driver's license holder under the age of | 24 |
| 18 shall operate a
motor vehicle unless each driver and | 25 |
| passenger under the
age of 19 is wearing a properly adjusted | 26 |
| and fastened seat safety belt and each child under the age of 8 |
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| is protected as required under the Child Passenger Protection | 2 |
| Act.
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| (g) If a graduated driver's license holder is under the age | 4 |
| of 18 when he
or she receives the license, for the first 6 | 5 |
| months he or she holds the license
or
until he or she reaches | 6 |
| the age of 18, whichever occurs sooner, the graduated
license
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| holder may not operate a motor vehicle with more than one | 8 |
| passenger in the
vehicle
who is under the age of 20, unless any | 9 |
| additional passenger or passengers are
siblings, | 10 |
| step-siblings, children, or stepchildren of the driver. | 11 |
| (h) A person holding a graduated driver's license under | 12 |
| this Section must display on any vehicle he or she is driving a | 13 |
| sign or signs, approved by the Secretary of State, indicating | 14 |
| that the vehicle is being driven by a new driver. | 15 |
| The Secretary shall adopt rules for implementing this | 16 |
| subsection (h). The rules shall address, among other issues, | 17 |
| the issue of whether a fee shall be charged for obtaining the | 18 |
| sign or signs and the amount of the fee, if any.
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| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239, | 20 |
| eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; 94-897, | 21 |
| eff. 6-22-06; 94-916, eff. 7-1-07; revised 8-3-06.)
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| (625 ILCS 5/6-107.1)
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| Sec. 6-107.1. Instruction permit for a minor.
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| (a) The Secretary of State, upon
receiving proper | 25 |
| application and payment of the required fee, may issue an
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HB0408 |
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LRB095 06388 DRH 26485 b |
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| instruction permit to any person under the age of 18 years who | 2 |
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not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | 3 |
| or 8 of Section
6-103, after the applicant has successfully | 4 |
| passed such examination as the
Secretary of State in his | 5 |
| discretion may prescribe.
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| (1) An instruction permit issued under this Section
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| shall be valid for a period of 24 months after the date of | 8 |
| its
issuance and shall be restricted, by the Secretary of | 9 |
| State, to the operation
of a motor vehicle by the minor | 10 |
| only when accompanied by the adult instructor
of a driver | 11 |
| education program during enrollment in the program or when
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| practicing with a parent,
legal guardian, family member, or | 13 |
| a person in loco parentis who is 21
years of age or more, | 14 |
| has a license classification to operate such vehicle
and at | 15 |
| least one year of driving experience, and who is occupying | 16 |
| a seat beside
the driver.
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| (2) A 24 month instruction permit for a motor driven | 18 |
| cycle may be issued
to
a person 16 or 17 years of age and | 19 |
| entitles the holder to drive upon the
highways during | 20 |
| daylight under direct supervision of a licensed motor | 21 |
| driven
cycle operator or motorcycle operator 21 years of | 22 |
| age or older who has a
license classification to operate | 23 |
| such motor driven cycle or motorcycle and at
least one year | 24 |
| of driving experience.
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| (3) A 24 month instruction permit for a motorcycle | 26 |
| other than a motor
driven
cycle may be issued to a person |
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HB0408 |
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LRB095 06388 DRH 26485 b |
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| 16 or 17 years of age in accordance with the
provisions of | 2 |
| paragraph 2 of Section 6-103 and entitles a holder to drive | 3 |
| upon
the highways during daylight under the direct | 4 |
| supervision of a licensed
motorcycle operator 21 years of | 5 |
| age or older who has at least one year of
driving
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| experience.
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| (b) An instruction permit issued under this Section when | 8 |
| issued to a person
under the
age of 17 years shall, as a matter | 9 |
| of law, be invalid for the operation of any
motor
vehicle | 10 |
| during the same time the child is prohibited from being on any | 11 |
| street
or highway under the provisions of the Child Curfew Act. | 12 |
| (b-1) No instruction permit shall be issued to any | 13 |
| applicant who is under the age of 18 years and who has been | 14 |
| certified to be a chronic or habitual truant, as defined in | 15 |
| Section 26-2a of the School Code. | 16 |
| An applicant under the age of 18 years who provides proof | 17 |
| that he or she has resumed regular school attendance or that | 18 |
| his or her application was denied in error shall be eligible to | 19 |
| receive an instruction permit if other requirements are met. | 20 |
| The Secretary shall adopt rules for implementing this | 21 |
| subsection (b-1).
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| (c) Any person under the age of 16 years who possesses an | 23 |
| instruction permit
and
whose
driving privileges have been | 24 |
| suspended or revoked under the provisions of this
Code shall | 25 |
| not be granted a Family Financial Responsibility Driving Permit | 26 |
| or a
Restricted Driving Permit. |
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HB0408 |
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LRB095 06388 DRH 26485 b |
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| (d) A person holding an instruction permit under this | 2 |
| Section must display on any vehicle he or she is driving a sign | 3 |
| or signs, approved by the Secretary of State, indicating that | 4 |
| the vehicle is being driven by a new driver. | 5 |
| The Secretary shall adopt rules for implementing this | 6 |
| subsection (d). The rules shall address, among other issues, | 7 |
| the issue of whether a fee shall be charged for obtaining the | 8 |
| sign or signs and the amount of the fee, if any.
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| (Source: P.A. 94-916, eff. 7-1-07.)
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