Full Text of HB5895 98th General Assembly
HB5895 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5895 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-113 | from Ch. 95 1/2, par. 6-113 |
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Amends the Illinois Vehicle Code. Provides that persons using vision aid arrangements other than standard eyeglasses or contact lenses may apply for a special restricted training permit that will permit them to operate a motor vehicle between sunset and 10:00 p.m. for 6 months, provided they are accompanied by a person holding a valid driver's license without nighttime operation restrictions. Provides that persons applying for this permit must, at a minimum, (1) possess a valid driver's license and have operated a motor vehicle during daylight hours for a period of 6 months using vision aid arrangements other than standard eyeglasses or contact lenses and (2) have a driving record that does not include any traffic accidents that occurred during nighttime hours, for which the person has not been found to be at fault during the 6 months prior to application. Provides that the Secretary may adopt rules defining additional terms and conditions for the issuance and renewal of these permits.
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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 6-113 as follows:
| 6 | | (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| 7 | | Sec. 6-113. Restricted licenses and permits.
| 8 | | (a) The Secretary of
State upon issuing a drivers license | 9 | | or permit shall have the authority
whenever good cause appears | 10 | | to impose restrictions suitable to the
licensee's driving | 11 | | ability with respect to the type of, or special
mechanical | 12 | | control devices required on, a motor vehicle which the
licensee | 13 | | may operate or such other restrictions applicable to the
| 14 | | licensee as the Secretary of State may determine to be | 15 | | appropriate to
assure the safe operation of a motor vehicle by | 16 | | the licensee.
| 17 | | (b) The Secretary of State may either issue a special | 18 | | restricted
license or permit or may set forth such restrictions | 19 | | upon the usual
license or permit form.
| 20 | | (c) The Secretary of State may issue a probationary license | 21 | | to a person
whose driving privileges have been suspended | 22 | | pursuant to subsection (d) of this
Section or subsection (a)(2) | 23 | | of Section 6-206 of this
Code. This subsection (c) does not |
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| 1 | | apply to any driver required to possess a CDL for the purpose | 2 | | of operating a commercial motor vehicle. The Secretary of State | 3 | | shall promulgate rules pursuant to the
Illinois Administrative | 4 | | Procedure Act, setting forth the conditions and
criteria for | 5 | | the issuance and cancellation of probationary licenses.
| 6 | | (d) The Secretary of State may upon receiving satisfactory | 7 | | evidence
of any violation of the restrictions of such license | 8 | | or permit suspend,
revoke or cancel the same without | 9 | | preliminary hearing, but the licensee or
permittee shall be | 10 | | entitled to a hearing as in the case of a suspension
or | 11 | | revocation.
| 12 | | (e) It is unlawful for any person to operate a motor | 13 | | vehicle in any
manner in violation of the restrictions imposed | 14 | | on a restricted license
or permit issued to him.
| 15 | | (f) Whenever the holder of a restricted driving permit is | 16 | | issued a citation
for any of the following offenses including | 17 | | similar local ordinances, the
restricted driving permit is | 18 | | immediately invalidated:
| 19 | | 1. Reckless homicide resulting from the operation of a | 20 | | motor vehicle;
| 21 | | 2. Violation of Section 11-501 of this Act relating to | 22 | | the operation of
a motor vehicle while under the influence | 23 | | of intoxicating liquor or narcotic
drugs;
| 24 | | 3. Violation of Section 11-401 of this Act relating to | 25 | | the offense of
leaving the scene of a traffic accident | 26 | | involving death or injury;
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| 1 | | 4. Violation of Section 11-504 of this Act relating to | 2 | | the offense of drag
racing; or
| 3 | | 5. Violation of Section 11-506 of this Act relating to | 4 | | the offense of street racing.
| 5 | | The police officer issuing the citation shall confiscate | 6 | | the restricted
driving permit and forward it, along with the | 7 | | citation, to the Clerk of
the Circuit Court of the county in | 8 | | which the citation was issued.
| 9 | | (g) The Secretary of State may issue a special restricted
| 10 | | license for a period of 12 months to individuals using vision | 11 | | aid
arrangements other than standard eyeglasses or contact | 12 | | lenses,
allowing the operation of a motor vehicle during | 13 | | nighttime hours.
The Secretary of State shall adopt rules | 14 | | defining the terms and
conditions by which the individual may | 15 | | obtain and renew this
special restricted license. At a minimum, | 16 | | all drivers must meet
the following requirements:
| 17 | | 1. Possess a valid driver's license and have operated a
| 18 | | motor vehicle during daylight hours for a period of 12 | 19 | | months
using vision aid arrangements other than standard | 20 | | eyeglasses
or contact lenses.
| 21 | | 2. Have a driving record that does not include any
| 22 | | traffic accidents that occurred during nighttime hours, | 23 | | for which the
driver has been found to be at fault, during | 24 | | the 12 months before he or she
applied for the special | 25 | | restricted license.
| 26 | | 3. Successfully complete a road test administered |
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| 1 | | during
nighttime hours.
| 2 | | At a minimum, all drivers renewing this license must meet | 3 | | the
following requirements:
| 4 | | 1. Successfully complete a road test administered | 5 | | during
nighttime hours.
| 6 | | 2. Have a driving record that does not include any
| 7 | | traffic accidents that occurred during nighttime hours, | 8 | | for which the
driver has been found to be at fault, during | 9 | | the 12 months before he or she
applied for
the special | 10 | | restricted license.
| 11 | | (h) Any driver issued a special restricted license as | 12 | | defined in
subsection (g) whose privilege to drive during | 13 | | nighttime hours has been
suspended due to an accident occurring | 14 | | during nighttime hours may request
a hearing as provided in | 15 | | Section 2-118 of this Code to contest that suspension.
If it is
| 16 | | determined that the accident for which the driver was at fault | 17 | | was not
influenced by the driver's use of vision aid | 18 | | arrangements other than standard
eyeglasses or contact lenses, | 19 | | the Secretary may reinstate that driver's
privilege to drive | 20 | | during nighttime hours.
| 21 | | (i) The Secretary of State may issue a special restricted | 22 | | training permit for a period of 6 months to individuals using | 23 | | vision aid arrangements other than standard eyeglasses or | 24 | | contact lenses, allowing the operation of a motor vehicle | 25 | | between sunset and 10:00 p.m. provided the driver is | 26 | | accompanied by a person holding a valid driver's license |
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| 1 | | without nighttime operation restrictions. The Secretary may | 2 | | adopt rules defining the terms and conditions by which the | 3 | | individual may obtain and renew this special restricted | 4 | | training permit. At a minimum, all persons applying for a | 5 | | special restricted training permit must meet the following | 6 | | requirements: | 7 | | 1. Possess a valid driver's license and have operated a | 8 | | motor vehicle during daylight hours for a period of 6 | 9 | | months using vision aid arrangements other than standard | 10 | | eyeglasses or contact lenses. | 11 | | 2. Have a driving record that does not include any | 12 | | traffic accidents that occurred during nighttime hours, | 13 | | for which the person has not been found to be at fault, | 14 | | during the 6 months before he or she applied for the | 15 | | special restricted training permit. | 16 | | (Source: P.A. 97-229, eff. 7-28-11.)
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