Full Text of HB3948 97th General Assembly
HB3948 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3948 Introduced 1/10/2012, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-500 | from Ch. 95 1/2, par. 6-500 |
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Amends the Illinois Vehicle Code. Exempts police emergency equipment from the definition of
"commercial motor vehicle". Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-500 as follows:
| 6 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| 7 | | Sec. 6-500. Definitions of words and phrases. | 8 | | Notwithstanding the
definitions set forth elsewhere in this
| 9 | | Code, for purposes of the Uniform Commercial Driver's License | 10 | | Act
(UCDLA), the words and phrases listed below have the | 11 | | meanings
ascribed to them as follows:
| 12 | | (1) Alcohol. "Alcohol" means any substance containing any | 13 | | form of
alcohol, including but not limited to ethanol,
| 14 | | methanol,
propanol, and
isopropanol.
| 15 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 16 | | (A) the number of grams of alcohol per 210 liters of | 17 | | breath;
or
| 18 | | (B) the number of grams of alcohol per 100 milliliters | 19 | | of
blood; or
| 20 | | (C) the number of grams of alcohol per 67 milliliters | 21 | | of
urine.
| 22 | | Alcohol tests administered within 2 hours of the driver | 23 | | being
"stopped or detained" shall be considered that driver's |
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| 1 | | "alcohol
concentration" for the purposes of enforcing this | 2 | | UCDLA.
| 3 | | (3) (Blank).
| 4 | | (4) (Blank).
| 5 | | (5) (Blank).
| 6 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 7 | | electronic record of the individual CDL driver's status and | 8 | | history stored by the State-of-Record as part of the Commercial | 9 | | Driver's License Information System, or CDLIS, established | 10 | | under 49 U.S.C. 31309. | 11 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 12 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 13 | | driver record meeting the requirements for access to CDLIS | 14 | | information and provided by states to users authorized in 49 | 15 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 16 | | Driver Privacy Protection Act, 18 U.S.C. 2721–2725. | 17 | | (5.7) Commercial driver's license downgrade. "Commercial | 18 | | driver's license downgrade" or "CDL downgrade" means either: | 19 | | (A) a state allows the driver to change his or her | 20 | | self-certification to interstate, but operating | 21 | | exclusively in transportation or operation excepted from | 22 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | 23 | | 391.2, 391.68, or 398.3; | 24 | | (B) a state allows the driver to change his or her | 25 | | self-certification to intrastate only, if the driver | 26 | | qualifies under that state's physical qualification |
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| 1 | | requirements for intrastate only; | 2 | | (C) a state allows the driver to change his or her | 3 | | certification to intrastate, but operating exclusively in | 4 | | transportation or operations excepted from all or part of | 5 | | the state driver qualification requirements; or | 6 | | (D) a state removes the CDL privilege from the driver | 7 | | license. | 8 | | (6) Commercial Motor Vehicle.
| 9 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 10 | | vehicle used in commerce, except those referred to in | 11 | | subdivision (B), designed
to transport passengers or | 12 | | property if:
| 13 | | (i) the vehicle has a GVWR of 26,001 pounds or more | 14 | | or such
a
lesser GVWR as subsequently determined by | 15 | | federal regulations or the Secretary
of State; or any
| 16 | | combination of vehicles with a GCWR of 26,001 pounds or | 17 | | more, provided the
GVWR of any vehicle or vehicles | 18 | | being towed is 10,001 pounds or more; or
| 19 | | (ii) the vehicle is designed to transport 16 or | 20 | | more
persons;
or
| 21 | | (iii) the vehicle is transporting hazardous | 22 | | materials and
is
required to
be placarded in accordance | 23 | | with 49 C.F.R. Part 172, subpart F.
| 24 | | (B) Pursuant to the interpretation of the Commercial | 25 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 26 | | Administration, the definition of
"commercial motor |
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| 1 | | vehicle" does not include:
| 2 | | (i) recreational vehicles, when operated primarily | 3 | | for personal use;
| 4 | | (ii) vehicles owned by or operated under the | 5 | | direction of the United States Department of Defense or | 6 | | the United States Coast Guard only when operated by
| 7 | | non-civilian personnel. This includes any operator on | 8 | | active military
duty; members of the Reserves; | 9 | | National Guard; personnel on part-time
training; and | 10 | | National Guard military technicians (civilians who are
| 11 | | required to wear military uniforms and are subject to | 12 | | the Code of Military
Justice); or
| 13 | | (iii) firefighting , police, and other emergency | 14 | | equipment (including, without limitation, equipment | 15 | | owned or operated by a HazMat or technical rescue team | 16 | | authorized by a county board under Section 5-1127 of | 17 | | the Counties Code), with audible and
visual signals, | 18 | | owned or operated
by or for a
governmental entity, | 19 | | which is necessary to the preservation of life or
| 20 | | property or the execution of emergency governmental | 21 | | functions which are
normally not subject to general | 22 | | traffic rules and regulations.
| 23 | | (7) Controlled Substance. "Controlled substance" shall | 24 | | have the same
meaning as defined in Section 102 of the Illinois | 25 | | Controlled Substances Act,
and shall also include cannabis as | 26 | | defined in Section 3 of the Cannabis Control
Act and |
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| 1 | | methamphetamine as defined in Section 10 of the Methamphetamine | 2 | | Control and Community Protection Act.
| 3 | | (8) Conviction. "Conviction" means an unvacated | 4 | | adjudication of guilt
or a determination that a person has | 5 | | violated or failed to comply with the
law in a court of | 6 | | original jurisdiction or by an authorized administrative
| 7 | | tribunal; an unvacated forfeiture of bail or collateral | 8 | | deposited to secure
the person's appearance in court; a plea of | 9 | | guilty or nolo contendere accepted by the court; the payment of | 10 | | a fine or court cost
regardless of whether the imposition of | 11 | | sentence is deferred and ultimately
a judgment dismissing the | 12 | | underlying charge is entered; or a violation of a
condition of | 13 | | release without bail, regardless of whether or not the penalty
| 14 | | is rebated, suspended or probated.
| 15 | | (8.5) Day. "Day" means calendar day.
| 16 | | (9) (Blank).
| 17 | | (10) (Blank).
| 18 | | (11) (Blank).
| 19 | | (12) (Blank).
| 20 | | (13) Driver. "Driver" means any person who drives, | 21 | | operates, or is in
physical control of a commercial motor | 22 | | vehicle, any person who is required to hold a
CDL, or any | 23 | | person who is a holder of a CDL while operating a | 24 | | non-commercial motor vehicle.
| 25 | | (13.5) Driver applicant. "Driver applicant" means an | 26 | | individual who applies to a state to obtain, transfer, upgrade, |
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| 1 | | or renew a CDL.
| 2 | | (14) Employee. "Employee" means a person who is employed as | 3 | | a
commercial
motor vehicle driver. A person who is | 4 | | self-employed as a commercial motor
vehicle driver must comply | 5 | | with the requirements of this UCDLA
pertaining to employees. An
| 6 | | owner-operator on a long-term lease shall be considered an | 7 | | employee.
| 8 | | (15) Employer. "Employer" means a person (including the | 9 | | United
States, a State or a local authority) who owns or leases | 10 | | a commercial motor
vehicle or assigns employees to operate such | 11 | | a vehicle. A person who is
self-employed as a commercial motor | 12 | | vehicle driver must
comply with the requirements of this UCDLA.
| 13 | | (15.3) Excepted interstate. "Excepted interstate" means a | 14 | | person who operates or expects to operate in interstate | 15 | | commerce, but engages exclusively in transportation or | 16 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | 17 | | 398.3 from all or part of the qualification requirements of 49 | 18 | | C.F.R. Part 391 and is not required to obtain a medical | 19 | | examiner's certificate by 49 C.F.R. 391.45. | 20 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 21 | | person who operates in intrastate commerce but engages | 22 | | exclusively in transportation or operations excepted from all | 23 | | or parts of the state driver qualification requirements. | 24 | | (16) (Blank).
| 25 | | (16.5) Fatality. "Fatality" means the death of a person as | 26 | | a result of a motor vehicle accident.
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| 1 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 2 | | sovereign
jurisdiction that does not fall within the definition | 3 | | of "State".
| 4 | | (18) (Blank).
| 5 | | (19) (Blank).
| 6 | | (20) Hazardous materials. "Hazardous Material" means any | 7 | | material that has been designated under 49 U.S.C.
5103 and is | 8 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 9 | | or any quantity of a material listed as a select agent or toxin | 10 | | in 42 C.F.R. part 73.
| 11 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 12 | | existence of a condition that presents a substantial likelihood | 13 | | that death, serious illness, severe personal injury, or a | 14 | | substantial endangerment to health, property, or the | 15 | | environment may occur before the reasonably foreseeable | 16 | | completion date of a formal proceeding begun to lessen the risk | 17 | | of that death, illness, injury or endangerment.
| 18 | | (21) Long-term lease. "Long-term lease" means a lease of a | 19 | | commercial
motor vehicle by the owner-lessor to a lessee, for a | 20 | | period of more than 29
days.
| 21 | | (21.1) Medical examiner. "Medical examiner" means a person | 22 | | who is licensed, certified, or registered in accordance with | 23 | | applicable state laws and regulations to perform physical | 24 | | examinations. The term includes but is not limited to doctors | 25 | | of medicine, doctors of osteopathy, physician assistants, | 26 | | advanced practice nurses, and doctors of chiropractic. |
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| 1 | | (21.2) Medical examiner's certificate. "Medical examiner's | 2 | | certificate" means a document prescribed or approved by the | 3 | | Secretary of State that is issued by a medical examiner to a | 4 | | driver to medically qualify him or her to drive. | 5 | | (21.5) Medical variance. "Medical variance" means a driver | 6 | | has received one of the following from the Federal Motor | 7 | | Carrier Safety Administration which allows the driver to be | 8 | | issued a medical certificate: (1) an exemption letter | 9 | | permitting operation of a commercial motor vehicle pursuant to | 10 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 11 | | skill performance evaluation (SPE) certificate permitting | 12 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 13 | | 391.49. | 14 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 15 | | which is self-propelled, and every vehicle which is propelled | 16 | | by electric
power obtained from over head trolley wires but not | 17 | | operated upon rails,
except vehicles moved solely by human | 18 | | power and motorized wheel chairs.
| 19 | | (22.2) Motor vehicle record. "Motor vehicle record" means a | 20 | | report of the driving status and history of a driver generated | 21 | | from the driver record provided to users, such as drivers or | 22 | | employers, and is subject to the provisions of the Driver | 23 | | Privacy Protection Act, 18 U.S.C. 2721-2725. | 24 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 25 | | combination of motor vehicles not defined by the term | 26 | | "commercial motor vehicle" or "CMV" in this Section.
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| 1 | | (22.7) Non-excepted interstate. "Non-excepted interstate" | 2 | | means a person who operates or expects to operate in interstate | 3 | | commerce, is subject to and meets the qualification | 4 | | requirements under 49 C.F.R. Part 391, and is required to | 5 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 6 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 7 | | means a person who operates only in intrastate commerce and is | 8 | | subject to State driver qualification requirements. | 9 | | (23) Non-resident CDL. "Non-resident CDL" means a | 10 | | commercial driver's
license issued by a state under either of | 11 | | the following two conditions: | 12 | | (i) to an individual domiciled in a foreign country | 13 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | 14 | | of the Federal Motor Carrier Safety Administration.
| 15 | | (ii) to an individual domiciled in another state | 16 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | 17 | | of the Federal Motor Carrier Safety Administration.
| 18 | | (24) (Blank).
| 19 | | (25) (Blank).
| 20 | | (25.5) Railroad-Highway Grade Crossing Violation. | 21 | | "Railroad-highway
grade
crossing violation" means a
violation, | 22 | | while operating a commercial motor vehicle, of
any
of the | 23 | | following:
| 24 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
| 25 | | Code.
| 26 | | (B) Any other similar
law or local ordinance of any |
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| 1 | | state relating to
railroad-highway grade crossing.
| 2 | | (25.7) School Bus. "School bus" means a commercial motor | 3 | | vehicle used to transport pre-primary, primary, or secondary | 4 | | school students from home to school, from school to home, or to | 5 | | and from school-sponsored events. "School bus" does not include | 6 | | a bus used as a common carrier.
| 7 | | (26) Serious Traffic Violation. "Serious traffic | 8 | | violation"
means:
| 9 | | (A) a conviction when operating a commercial motor | 10 | | vehicle, or when operating a non-CMV while holding a CDL,
| 11 | | of:
| 12 | | (i) a violation relating to excessive speeding,
| 13 | | involving a single speeding charge of 15 miles per hour | 14 | | or more above the
legal speed limit; or
| 15 | | (ii) a violation relating to reckless driving; or
| 16 | | (iii) a violation of any State law or local | 17 | | ordinance relating to motor
vehicle traffic control | 18 | | (other than parking violations) arising in
connection | 19 | | with a fatal traffic accident; or
| 20 | | (iv) a violation of Section 6-501, relating to | 21 | | having multiple driver's
licenses; or
| 22 | | (v) a violation of paragraph (a) of Section 6-507, | 23 | | relating to the
requirement to have a valid CDL; or
| 24 | | (vi) a violation relating to improper or erratic | 25 | | traffic lane changes;
or
| 26 | | (vii) a violation relating to following another |
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| 1 | | vehicle too closely; or
| 2 | | (B) any other similar violation of a law or local
| 3 | | ordinance of any state relating to motor vehicle traffic | 4 | | control, other
than a parking violation, which the | 5 | | Secretary of State determines by
administrative rule to be | 6 | | serious.
| 7 | | (27) State. "State" means a state of the United States, the | 8 | | District of
Columbia and any province or territory of Canada.
| 9 | | (28) (Blank).
| 10 | | (29) (Blank).
| 11 | | (30) (Blank).
| 12 | | (31) (Blank).
| 13 | | (Source: P.A. 97-208, eff. 1-1-12.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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