Full Text of HB3149 103rd General Assembly
HB3149 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3149 Introduced 2/17/2023, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-500 | from Ch. 95 1/2, par. 6-500 | 625 ILCS 5/6-507.5 | | 625 ILCS 5/6-508.5 new | | 625 ILCS 5/6-514 | | 625 ILCS 5/7-315 | from Ch. 95 1/2, par. 7-315 | 625 ILCS 5/7-318 | from Ch. 95 1/2, par. 7-318 | 625 ILCS 5/11-1201 | from Ch. 95 1/2, par. 11-1201 | 625 ILCS 5/11-1202 | from Ch. 95 1/2, par. 11-1202 | 625 ILCS 5/11-1425 | from Ch. 95 1/2, par. 11-1425 |
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Amends the Illinois Vehicle Code. Defines "drug and alcohol clearinghouse" as a database system established by the Federal Motor Carrier Safety Administration that permits the access and retrieval of a drug and alcohol testing violation or violations precluding an applicant or employee from occupying safety-sensitive positions involving the operation of a commercial motor vehicle. Provides that, no later than November 18, 2024, the Secretary shall request information from the drug and alcohol clearinghouse for all applicants applying for an initial, renewal, transfer, or upgraded commercial driver's license or commercial learner's permit, and enforce federal regulations pertaining to the clearinghouse. Provides that a commercial learner's permit is valid for 12 months (instead of 6 months with a 6-month renewal). Provides that certificates of insurance and notices of cancellation or termination of insurance shall be submitted to the Secretary of State electronically (instead of in written or electronic form). Sets forth additional requirements for certain vehicles when approaching or stopping at railroad grade crossings, railroad tracks or tracks at grades, or highway rail grade crossings. 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 | 5 | | changing Sections 6-500, 6-507.5, 6-514, 7-315, 7-318, | 6 | | 11-1201, 11-1202, and 11-1425 and by adding Section 6-508.5 as | 7 | | follows:
| 8 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| 9 | | (Text of Section before amendment by P.A. 102-982 ) | 10 | | Sec. 6-500. Definitions of words and phrases. | 11 | | Notwithstanding the
definitions set forth elsewhere in this
| 12 | | Code, for purposes of the Uniform Commercial Driver's License | 13 | | Act
(UCDLA), the words and phrases listed below have the | 14 | | meanings
ascribed to them as follows:
| 15 | | (1) Alcohol. "Alcohol" means any substance containing any | 16 | | form of
alcohol, including but not limited to ethanol,
| 17 | | methanol,
propanol, and
isopropanol.
| 18 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 19 | | (A) the number of grams of alcohol per 210 liters of | 20 | | breath;
or
| 21 | | (B) the number of grams of alcohol per 100 milliliters | 22 | | of
blood; or
| 23 | | (C) the number of grams of alcohol per 67 milliliters |
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| 1 | | of
urine.
| 2 | | Alcohol tests administered within 2 hours of the driver | 3 | | being
"stopped or detained" shall be considered that driver's | 4 | | "alcohol
concentration" for the purposes of enforcing this | 5 | | UCDLA.
| 6 | | (3) (Blank).
| 7 | | (4) (Blank).
| 8 | | (5) (Blank).
| 9 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 10 | | electronic record of the individual CDL driver's status and | 11 | | history stored by the State-of-Record as part of the | 12 | | Commercial Driver's License Information System, or CDLIS, | 13 | | established under 49 U.S.C. 31309. | 14 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 15 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 16 | | driver record meeting the requirements for access to CDLIS | 17 | | information and provided by states to users authorized in 49 | 18 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 19 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 20 | | (5.7) Commercial driver's license downgrade. "Commercial | 21 | | driver's license downgrade" or "CDL downgrade" means either: | 22 | | (A) a state allows the driver to change his or her | 23 | | self-certification to interstate, but operating | 24 | | exclusively in transportation or operation excepted from | 25 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | 26 | | 391.2, 391.68, or 398.3; |
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| 1 | | (B) a state allows the driver to change his or her | 2 | | self-certification to intrastate only, if the driver | 3 | | qualifies under that state's physical qualification | 4 | | requirements for intrastate only; | 5 | | (C) a state allows the driver to change his or her | 6 | | certification to intrastate, but operating exclusively in | 7 | | transportation or operations excepted from all or part of | 8 | | the state driver qualification requirements; or | 9 | | (D) a state removes the CDL privilege from the driver | 10 | | license. | 11 | | (6) Commercial Motor Vehicle.
| 12 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 13 | | vehicle or combination of motor vehicles used in commerce, | 14 | | except those referred to in subdivision (B), designed
to | 15 | | transport passengers or property if the motor vehicle:
| 16 | | (i) has a gross combination weight rating or gross | 17 | | combination weight of 11,794 kilograms or more (26,001 | 18 | | pounds or more), whichever is greater, inclusive of | 19 | | any towed unit with a gross vehicle weight rating or
| 20 | | gross vehicle weight of more than 4,536 kilograms | 21 | | (10,000 pounds), whichever is greater; or
| 22 | | (i-5) has a gross vehicle weight rating or gross | 23 | | vehicle weight of 11,794 or more kilograms (26,001 | 24 | | pounds or more), whichever is greater; or | 25 | | (ii) is designed to transport 16 or more
persons, | 26 | | including the driver;
or
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| 1 | | (iii) is of any size and is used in transporting | 2 | | hazardous materials as defined in 49 C.F.R. 383.5.
| 3 | | (B) Pursuant to the interpretation of the Commercial | 4 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 5 | | Administration, the definition of
"commercial motor | 6 | | vehicle" does not include:
| 7 | | (i) recreational vehicles, when operated primarily | 8 | | for personal use;
| 9 | | (ii) vehicles owned by or operated under the | 10 | | direction of the United States Department of Defense | 11 | | or the United States Coast Guard only when operated by
| 12 | | non-civilian personnel. This includes any operator on | 13 | | active military
duty; members of the Reserves; | 14 | | National Guard; personnel on part-time
training; and | 15 | | National Guard military technicians (civilians who are
| 16 | | required to wear military uniforms and are subject to | 17 | | the Code of Military
Justice); or
| 18 | | (iii) firefighting, police, and other emergency | 19 | | equipment (including, without limitation, equipment | 20 | | owned or operated by a HazMat or technical rescue team | 21 | | authorized by a county board under Section 5-1127 of | 22 | | the Counties Code), with audible and
visual signals, | 23 | | owned or operated
by or for a
governmental entity, | 24 | | which is necessary to the preservation of life or
| 25 | | property or the execution of emergency governmental | 26 | | functions which are
normally not subject to general |
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| 1 | | traffic rules and regulations.
| 2 | | (7) Controlled Substance. "Controlled substance" shall | 3 | | have the same
meaning as defined in Section 102 of the Illinois | 4 | | Controlled Substances Act,
and shall also include cannabis as | 5 | | defined in Section 3 of the Cannabis Control
Act and | 6 | | methamphetamine as defined in Section 10 of the | 7 | | Methamphetamine Control and Community Protection Act.
| 8 | | (8) Conviction. "Conviction" means an unvacated | 9 | | adjudication of guilt
or a determination that a person has | 10 | | violated or failed to comply with the
law in a court of | 11 | | original jurisdiction or by an authorized administrative
| 12 | | tribunal; an unvacated revocation of pretrial release; a plea | 13 | | of guilty or nolo contendere accepted by the court; or the | 14 | | payment of a fine or court cost
regardless of whether the | 15 | | imposition of sentence is deferred and ultimately
a judgment | 16 | | dismissing the underlying charge is entered.
| 17 | | (8.5) Day. "Day" means calendar day.
| 18 | | (9) (Blank).
| 19 | | (10) (Blank).
| 20 | | (11) (Blank).
| 21 | | (12) (Blank).
| 22 | | (13) Driver. "Driver" means any person who drives, | 23 | | operates, or is in
physical control of a commercial motor | 24 | | vehicle, any person who is required to hold a
CDL, or any | 25 | | person who is a holder of a CDL while operating a | 26 | | non-commercial motor vehicle.
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| 1 | | (13.5) Driver applicant. "Driver applicant" means an | 2 | | individual who applies to a state or other jurisdiction to | 3 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | 4 | | a CLP.
| 5 | | (13.6) Drug and alcohol clearinghouse. "Drug and alcohol | 6 | | clearinghouse" means a database system established by the | 7 | | Federal Motor Carrier Safety Administration that permits the | 8 | | access and retrieval of a drug and alcohol testing violation | 9 | | or violations precluding an applicant or employee from | 10 | | occupying safety-sensitive positions involving the operation | 11 | | of a commercial motor vehicle. | 12 | | (13.8) Electronic device. "Electronic device" includes, | 13 | | but is not limited to, a cellular telephone, personal digital | 14 | | assistant, pager, computer, or any other device used to input, | 15 | | write, send, receive, or read text. | 16 | | (14) Employee. "Employee" means a person who is employed | 17 | | as a
commercial
motor vehicle driver. A person who is | 18 | | self-employed as a commercial motor
vehicle driver must comply | 19 | | with the requirements of this UCDLA
pertaining to employees. | 20 | | An
owner-operator on a long-term lease shall be considered an | 21 | | employee.
| 22 | | (15) Employer. "Employer" means a person (including the | 23 | | United
States, a State or a local authority) who owns or leases | 24 | | a commercial motor
vehicle or assigns employees to operate | 25 | | such a vehicle. A person who is
self-employed as a commercial | 26 | | motor vehicle driver must
comply with the requirements of this |
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| 1 | | UCDLA.
| 2 | | (15.1) Endorsement. "Endorsement" means an authorization | 3 | | to an individual's CLP or CDL required to permit the | 4 | | individual to operate certain types of commercial motor | 5 | | vehicles. | 6 | | (15.2) Entry-level driver training. "Entry-level driver | 7 | | training" means the training an entry-level driver receives | 8 | | from an entity listed on the Federal Motor Carrier Safety | 9 | | Administration's Training Provider Registry prior to: (i) | 10 | | taking the CDL skills test required to receive the Class A or | 11 | | Class B CDL for the first time; (ii) taking the CDL skills test | 12 | | required to upgrade to a Class A or Class B CDL; or (iii) | 13 | | taking the CDL skills test required to obtain a passenger or | 14 | | school bus endorsement for the first time or the CDL knowledge | 15 | | test required to obtain a hazardous materials endorsement for | 16 | | the first time. | 17 | | (15.3) Excepted interstate. "Excepted interstate" means a | 18 | | person who operates or expects to operate in interstate | 19 | | commerce, but engages exclusively in transportation or | 20 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | 21 | | or 398.3 from all or part of the qualification requirements of | 22 | | 49 C.F.R. Part 391 and is not required to obtain a medical | 23 | | examiner's certificate by 49 C.F.R. 391.45. | 24 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 25 | | person who operates in intrastate commerce but engages | 26 | | exclusively in transportation or operations excepted from all |
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| 1 | | or parts of the state driver qualification requirements. | 2 | | (16) (Blank).
| 3 | | (16.5) Fatality. "Fatality" means the death of a person as | 4 | | a result of a motor vehicle accident.
| 5 | | (16.7) Foreign commercial driver. "Foreign commercial | 6 | | driver" means a person licensed to operate a commercial motor | 7 | | vehicle by an authority outside the United States, or a | 8 | | citizen of a foreign country who operates a commercial motor | 9 | | vehicle in the United States. | 10 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 11 | | sovereign
jurisdiction that does not fall within the | 12 | | definition of "State".
| 13 | | (18) (Blank).
| 14 | | (19) (Blank).
| 15 | | (20) Hazardous materials. "Hazardous material" means any | 16 | | material that has been designated under 49 U.S.C.
5103 and is | 17 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 18 | | or any quantity of a material listed as a select agent or toxin | 19 | | in 42 C.F.R. part 73.
| 20 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 21 | | existence of any condition of a vehicle, employee, or | 22 | | commercial motor vehicle operations that substantially | 23 | | increases the likelihood of serious injury or death if not | 24 | | discontinued immediately; or a condition relating to hazardous | 25 | | material that presents a substantial likelihood that death, | 26 | | serious illness, severe personal injury, or a substantial |
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| 1 | | endangerment to health, property, or the environment may occur | 2 | | before the reasonably foreseeable completion date of a formal | 3 | | proceeding begun to lessen the risk of that death, illness, | 4 | | injury or endangerment.
| 5 | | (20.6) Issuance. "Issuance" means initial issuance, | 6 | | transfer, renewal, or upgrade of a CLP or CDL and | 7 | | non-domiciled CLP or CDL. | 8 | | (20.7) Issue. "Issue" means initial issuance, transfer, | 9 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | 10 | | non-domiciled CDL. | 11 | | (21) Long-term lease. "Long-term lease" means a lease of a | 12 | | commercial
motor vehicle by the owner-lessor to a lessee, for | 13 | | a period of more than 29
days.
| 14 | | (21.01) Manual transmission. "Manual transmission" means a | 15 | | transmission utilizing a driver-operated clutch that is | 16 | | activated by a pedal or lever and a gear-shift mechanism | 17 | | operated either by hand or foot including those known as a | 18 | | stick shift, stick, straight drive, or standard transmission. | 19 | | All other transmissions, whether semi-automatic or automatic, | 20 | | shall be considered automatic for the purposes of the | 21 | | standardized restriction code. | 22 | | (21.1) Medical examiner. "Medical examiner" means an | 23 | | individual certified by the Federal Motor Carrier Safety | 24 | | Administration and listed on the National Registry of | 25 | | Certified Medical Examiners in accordance with Federal Motor | 26 | | Carrier Safety Regulations, 49 CFR 390.101 et seq. |
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| 1 | | (21.2) Medical examiner's certificate. "Medical examiner's | 2 | | certificate" means either (1) prior to June 22, 2021, a | 3 | | document prescribed or approved by the Secretary of State that | 4 | | is issued by a medical examiner to a driver to medically | 5 | | qualify him or her to drive; or (2) beginning June 22, 2021, an | 6 | | electronic submission of results of an examination conducted | 7 | | by a medical examiner listed on the National Registry of | 8 | | Certified Medical Examiners to the Federal Motor Carrier | 9 | | Safety Administration of a driver to medically qualify him or | 10 | | her to drive. | 11 | | (21.5) Medical variance. "Medical variance" means a driver | 12 | | has received one of the following from the Federal Motor | 13 | | Carrier Safety Administration which allows the driver to be | 14 | | issued a medical certificate: (1) an exemption letter | 15 | | permitting operation of a commercial motor vehicle pursuant to | 16 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 17 | | skill performance evaluation (SPE) certificate permitting | 18 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 19 | | 391.49. | 20 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile | 21 | | communication device that falls under or uses any commercial | 22 | | mobile radio service, as defined in regulations of the Federal | 23 | | Communications Commission, 47 CFR 20.3. It does not include | 24 | | two-way or citizens band radio services. | 25 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 26 | | which is self-propelled, and every vehicle which is propelled |
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| 1 | | by electric
power obtained from over head trolley wires but | 2 | | not operated upon rails,
except vehicles moved solely by human | 3 | | power and motorized wheel chairs.
| 4 | | (22.2) Motor vehicle record. "Motor vehicle record" means | 5 | | a report of the driving status and history of a driver | 6 | | generated from the driver record provided to users, such as | 7 | | drivers or employers, and is subject to the provisions of the | 8 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 9 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 10 | | combination of motor vehicles not defined by the term | 11 | | "commercial motor vehicle" or "CMV" in this Section.
| 12 | | (22.7) Non-excepted interstate. "Non-excepted interstate" | 13 | | means a person who operates or expects to operate in | 14 | | interstate commerce, is subject to and meets the qualification | 15 | | requirements under 49 C.F.R. Part 391, and is required to | 16 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 17 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 18 | | means a person who operates only in intrastate commerce and is | 19 | | subject to State driver qualification requirements. | 20 | | (23) Non-domiciled CLP or Non-domiciled CDL. | 21 | | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | 22 | | respectively, issued by a state or other jurisdiction under | 23 | | either of the 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, | 8 | | while operating a commercial motor vehicle, of
any
of the | 9 | | following:
| 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 | 14 | | vehicle used to transport pre-primary, primary, or secondary | 15 | | school students from home to school, from school to home, or to | 16 | | and from school-sponsored events. "School bus" does not | 17 | | include a bus used as a common carrier.
| 18 | | (26) Serious Traffic Violation. "Serious traffic | 19 | | violation"
means:
| 20 | | (A) a conviction when operating a commercial motor | 21 | | vehicle, or when operating a non-CMV while holding a CLP | 22 | | or CDL,
of:
| 23 | | (i) a violation relating to excessive speeding,
| 24 | | involving a single speeding charge of 15 miles per | 25 | | hour 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 CLP or CDL; | 9 | | or
| 10 | | (vi) a violation relating to improper or erratic | 11 | | traffic lane changes;
or
| 12 | | (vii) a violation relating to following another | 13 | | vehicle too closely; or
| 14 | | (viii) a violation relating to texting while | 15 | | driving; or | 16 | | (ix) a violation relating to the use of a | 17 | | hand-held mobile telephone while driving; or | 18 | | (B) any other similar violation of a law or local
| 19 | | ordinance of any state relating to motor vehicle traffic | 20 | | control, other
than a parking violation, which the | 21 | | Secretary of State determines by
administrative rule to be | 22 | | serious.
| 23 | | (27) State. "State" means a state of the United States, | 24 | | the District of
Columbia and any province or territory of | 25 | | Canada.
| 26 | | (28) (Blank).
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| 1 | | (29) (Blank).
| 2 | | (30) (Blank).
| 3 | | (31) (Blank).
| 4 | | (32) Texting. "Texting" means manually entering | 5 | | alphanumeric text into, or reading text from, an electronic | 6 | | device. | 7 | | (1) Texting includes, but is not limited to, short | 8 | | message service, emailing, instant messaging, a command or | 9 | | request to access a World Wide Web page, pressing more | 10 | | than a single button to initiate or terminate a voice | 11 | | communication using a mobile telephone, or engaging in any | 12 | | other form of electronic text retrieval or entry for | 13 | | present or future communication. | 14 | | (2) Texting does not include: | 15 | | (i) inputting, selecting, or reading information | 16 | | on a global positioning system or navigation system; | 17 | | or | 18 | | (ii) pressing a single button to initiate or | 19 | | terminate a voice communication using a mobile | 20 | | telephone; or | 21 | | (iii) using a device capable of performing | 22 | | multiple functions (for example, a fleet management | 23 | | system, dispatching device, smart phone, citizens band | 24 | | radio, or music player) for a purpose that is not | 25 | | otherwise prohibited by Part 392 of the Federal Motor | 26 | | Carrier Safety Regulations. |
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| 1 | | (32.3) Third party skills test examiner. "Third party | 2 | | skills test examiner" means a person employed by a third party | 3 | | tester who is authorized by the State to administer the CDL | 4 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | 5 | | (32.5) Third party tester. "Third party tester" means a | 6 | | person (including, but not limited to, another state, a motor | 7 | | carrier, a private driver training facility or other private | 8 | | institution, or a department, agency, or instrumentality of a | 9 | | local government) authorized by the State to employ skills | 10 | | test examiners to administer the CDL skills tests specified in | 11 | | 49 C.F.R. Part 383, subparts G and H. | 12 | | (32.7) United States. "United States" means the 50 states | 13 | | and the District of Columbia. | 14 | | (33) Use a hand-held mobile telephone. "Use a hand-held | 15 | | mobile telephone" means: | 16 | | (1) using at least one hand to hold a mobile telephone | 17 | | to conduct a voice communication; | 18 | | (2) dialing or answering a mobile telephone by | 19 | | pressing more than a single button; or | 20 | | (3) reaching for a mobile telephone in a manner that | 21 | | requires a driver to maneuver so that he or she is no | 22 | | longer in a seated driving position, restrained by a seat | 23 | | belt that is installed in accordance with 49 CFR 393.93 | 24 | | and adjusted in accordance with the vehicle manufacturer's | 25 | | instructions. | 26 | | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20; |
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| 1 | | 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| 2 | | (Text of Section after amendment by P.A. 102-982 ) | 3 | | Sec. 6-500. Definitions of words and phrases. | 4 | | Notwithstanding the
definitions set forth elsewhere in this
| 5 | | Code, for purposes of the Uniform Commercial Driver's License | 6 | | Act
(UCDLA), the words and phrases listed below have the | 7 | | meanings
ascribed to them as follows:
| 8 | | (1) Alcohol. "Alcohol" means any substance containing any | 9 | | form of
alcohol, including but not limited to ethanol,
| 10 | | methanol,
propanol, and
isopropanol.
| 11 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 12 | | (A) the number of grams of alcohol per 210 liters of | 13 | | breath;
or
| 14 | | (B) the number of grams of alcohol per 100 milliliters | 15 | | of
blood; or
| 16 | | (C) the number of grams of alcohol per 67 milliliters | 17 | | of
urine.
| 18 | | Alcohol tests administered within 2 hours of the driver | 19 | | being
"stopped or detained" shall be considered that driver's | 20 | | "alcohol
concentration" for the purposes of enforcing this | 21 | | UCDLA.
| 22 | | (3) (Blank).
| 23 | | (4) (Blank).
| 24 | | (5) (Blank).
| 25 | | (5.3) CDLIS driver record. "CDLIS driver record" means the |
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| 1 | | electronic record of the individual CDL driver's status and | 2 | | history stored by the State-of-Record as part of the | 3 | | Commercial Driver's License Information System, or CDLIS, | 4 | | established under 49 U.S.C. 31309. | 5 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 6 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 7 | | driver record meeting the requirements for access to CDLIS | 8 | | information and provided by states to users authorized in 49 | 9 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 10 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 11 | | (5.7) Commercial driver's license downgrade. "Commercial | 12 | | driver's license downgrade" or "CDL downgrade" means either: | 13 | | (A) a state allows the driver to change his or her | 14 | | self-certification to interstate, but operating | 15 | | exclusively in transportation or operation excepted from | 16 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | 17 | | 391.2, 391.68, or 398.3; | 18 | | (B) a state allows the driver to change his or her | 19 | | self-certification to intrastate only, if the driver | 20 | | qualifies under that state's physical qualification | 21 | | requirements for intrastate only; | 22 | | (C) a state allows the driver to change his or her | 23 | | certification to intrastate, but operating exclusively in | 24 | | transportation or operations excepted from all or part of | 25 | | the state driver qualification requirements; or | 26 | | (D) a state removes the CDL privilege from the driver |
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| 1 | | license. | 2 | | (6) Commercial Motor Vehicle.
| 3 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 4 | | vehicle or combination of motor vehicles used in commerce, | 5 | | except those referred to in subdivision (B), designed
to | 6 | | transport passengers or property if the motor vehicle:
| 7 | | (i) has a gross combination weight rating or gross | 8 | | combination weight of 11,794 kilograms or more (26,001 | 9 | | pounds or more), whichever is greater, inclusive of | 10 | | any towed unit with a gross vehicle weight rating or
| 11 | | gross vehicle weight of more than 4,536 kilograms | 12 | | (10,000 pounds), whichever is greater; or
| 13 | | (i-5) has a gross vehicle weight rating or gross | 14 | | vehicle weight of 11,794 or more kilograms (26,001 | 15 | | pounds or more), whichever is greater; or | 16 | | (ii) is designed to transport 16 or more
persons, | 17 | | including the driver;
or
| 18 | | (iii) is of any size and is used in transporting | 19 | | hazardous materials as defined in 49 C.F.R. 383.5.
| 20 | | (B) Pursuant to the interpretation of the Commercial | 21 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 22 | | Administration, the definition of
"commercial motor | 23 | | vehicle" does not include:
| 24 | | (i) recreational vehicles, when operated primarily | 25 | | for personal use;
| 26 | | (ii) vehicles owned by or operated under the |
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| 1 | | direction of the United States Department of Defense | 2 | | or the United States Coast Guard only when operated by
| 3 | | non-civilian personnel. This includes any operator on | 4 | | active military
duty; members of the Reserves; | 5 | | National Guard; personnel on part-time
training; and | 6 | | National Guard military technicians (civilians who are
| 7 | | required to wear military uniforms and are subject to | 8 | | the Code of Military
Justice); or
| 9 | | (iii) firefighting, police, and other emergency | 10 | | equipment (including, without limitation, equipment | 11 | | owned or operated by a HazMat or technical rescue team | 12 | | authorized by a county board under Section 5-1127 of | 13 | | the Counties Code), with audible and
visual signals, | 14 | | owned or operated
by or for a
governmental entity, | 15 | | which is necessary to the preservation of life or
| 16 | | property or the execution of emergency governmental | 17 | | functions which are
normally not subject to general | 18 | | traffic rules and regulations.
| 19 | | (7) Controlled Substance. "Controlled substance" shall | 20 | | have the same
meaning as defined in Section 102 of the Illinois | 21 | | Controlled Substances Act,
and shall also include cannabis as | 22 | | defined in Section 3 of the Cannabis Control
Act and | 23 | | methamphetamine as defined in Section 10 of the | 24 | | Methamphetamine Control and Community Protection Act.
| 25 | | (8) Conviction. "Conviction" means an unvacated | 26 | | adjudication of guilt
or a determination that a person has |
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| 1 | | violated or failed to comply with the
law in a court of | 2 | | original jurisdiction or by an authorized administrative
| 3 | | tribunal; an unvacated revocation of pretrial release; a plea | 4 | | of guilty or nolo contendere accepted by the court; or the | 5 | | payment of a fine or court cost
regardless of whether the | 6 | | imposition of sentence is deferred and ultimately
a judgment | 7 | | dismissing the underlying charge is entered.
| 8 | | (8.5) Day. "Day" means calendar day.
| 9 | | (9) (Blank).
| 10 | | (10) (Blank).
| 11 | | (11) (Blank).
| 12 | | (12) (Blank).
| 13 | | (13) Driver. "Driver" means any person who drives, | 14 | | operates, or is in
physical control of a commercial motor | 15 | | vehicle, any person who is required to hold a
CDL, or any | 16 | | person who is a holder of a CDL while operating a | 17 | | non-commercial motor vehicle.
| 18 | | (13.5) Driver applicant. "Driver applicant" means an | 19 | | individual who applies to a state or other jurisdiction to | 20 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | 21 | | a CLP.
| 22 | | (13.6) Drug and alcohol clearinghouse. "Drug and alcohol | 23 | | clearinghouse" means a database system established by the | 24 | | Federal Motor Carrier Safety Administration that permits the | 25 | | access and retrieval of a drug and alcohol testing violation | 26 | | or violations precluding an applicant or employee from |
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| 1 | | occupying safety-sensitive positions involving the operation | 2 | | of a commercial motor vehicle. | 3 | | (13.8) Electronic device. "Electronic device" includes, | 4 | | but is not limited to, a cellular telephone, personal digital | 5 | | assistant, pager, computer, or any other device used to input, | 6 | | write, send, receive, or read text. | 7 | | (14) Employee. "Employee" means a person who is employed | 8 | | as a
commercial
motor vehicle driver. A person who is | 9 | | self-employed as a commercial motor
vehicle driver must comply | 10 | | with the requirements of this UCDLA
pertaining to employees. | 11 | | An
owner-operator on a long-term lease shall be considered an | 12 | | employee.
| 13 | | (15) Employer. "Employer" means a person (including the | 14 | | United
States, a State or a local authority) who owns or leases | 15 | | a commercial motor
vehicle or assigns employees to operate | 16 | | such a vehicle. A person who is
self-employed as a commercial | 17 | | motor vehicle driver must
comply with the requirements of this | 18 | | UCDLA.
| 19 | | (15.1) Endorsement. "Endorsement" means an authorization | 20 | | to an individual's CLP or CDL required to permit the | 21 | | individual to operate certain types of commercial motor | 22 | | vehicles. | 23 | | (15.2) Entry-level driver training. "Entry-level driver | 24 | | training" means the training an entry-level driver receives | 25 | | from an entity listed on the Federal Motor Carrier Safety | 26 | | Administration's Training Provider Registry prior to: (i) |
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| 1 | | taking the CDL skills test required to receive the Class A or | 2 | | Class B CDL for the first time; (ii) taking the CDL skills test | 3 | | required to upgrade to a Class A or Class B CDL; or (iii) | 4 | | taking the CDL skills test required to obtain a passenger or | 5 | | school bus endorsement for the first time or the CDL knowledge | 6 | | test required to obtain a hazardous materials endorsement for | 7 | | the first time. | 8 | | (15.3) Excepted interstate. "Excepted interstate" means a | 9 | | person who operates or expects to operate in interstate | 10 | | commerce, but engages exclusively in transportation or | 11 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | 12 | | or 398.3 from all or part of the qualification requirements of | 13 | | 49 C.F.R. Part 391 and is not required to obtain a medical | 14 | | examiner's certificate by 49 C.F.R. 391.45. | 15 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 16 | | person who operates in intrastate commerce but engages | 17 | | exclusively in transportation or operations excepted from all | 18 | | or parts of the state driver qualification requirements. | 19 | | (16) (Blank).
| 20 | | (16.5) Fatality. "Fatality" means the death of a person as | 21 | | a result of a motor vehicle crash.
| 22 | | (16.7) Foreign commercial driver. "Foreign commercial | 23 | | driver" means a person licensed to operate a commercial motor | 24 | | vehicle by an authority outside the United States, or a | 25 | | citizen of a foreign country who operates a commercial motor | 26 | | vehicle in the United States. |
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| 1 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 2 | | sovereign
jurisdiction that does not fall within the | 3 | | definition 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 any condition of a vehicle, employee, or | 13 | | commercial motor vehicle operations that substantially | 14 | | increases the likelihood of serious injury or death if not | 15 | | discontinued immediately; or a condition relating to hazardous | 16 | | material that presents a substantial likelihood that death, | 17 | | serious illness, severe personal injury, or a substantial | 18 | | endangerment to health, property, or the environment may occur | 19 | | before the reasonably foreseeable completion date of a formal | 20 | | proceeding begun to lessen the risk of that death, illness, | 21 | | injury or endangerment.
| 22 | | (20.6) Issuance. "Issuance" means initial issuance, | 23 | | transfer, renewal, or upgrade of a CLP or CDL and | 24 | | non-domiciled CLP or CDL. | 25 | | (20.7) Issue. "Issue" means initial issuance, transfer, | 26 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or |
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| 1 | | non-domiciled CDL. | 2 | | (21) Long-term lease. "Long-term lease" means a lease of a | 3 | | commercial
motor vehicle by the owner-lessor to a lessee, for | 4 | | a period of more than 29
days.
| 5 | | (21.01) Manual transmission. "Manual transmission" means a | 6 | | transmission utilizing a driver-operated clutch that is | 7 | | activated by a pedal or lever and a gear-shift mechanism | 8 | | operated either by hand or foot including those known as a | 9 | | stick shift, stick, straight drive, or standard transmission. | 10 | | All other transmissions, whether semi-automatic or automatic, | 11 | | shall be considered automatic for the purposes of the | 12 | | standardized restriction code. | 13 | | (21.1) Medical examiner. "Medical examiner" means an | 14 | | individual certified by the Federal Motor Carrier Safety | 15 | | Administration and listed on the National Registry of | 16 | | Certified Medical Examiners in accordance with Federal Motor | 17 | | Carrier Safety Regulations, 49 CFR 390.101 et seq. | 18 | | (21.2) Medical examiner's certificate. "Medical examiner's | 19 | | certificate" means either (1) prior to June 22, 2021, a | 20 | | document prescribed or approved by the Secretary of State that | 21 | | is issued by a medical examiner to a driver to medically | 22 | | qualify him or her to drive; or (2) beginning June 22, 2021, an | 23 | | electronic submission of results of an examination conducted | 24 | | by a medical examiner listed on the National Registry of | 25 | | Certified Medical Examiners to the Federal Motor Carrier | 26 | | Safety Administration of a driver to medically qualify him or |
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| 1 | | her to drive. | 2 | | (21.5) Medical variance. "Medical variance" means a driver | 3 | | has received one of the following from the Federal Motor | 4 | | Carrier Safety Administration which allows the driver to be | 5 | | issued a medical certificate: (1) an exemption letter | 6 | | permitting operation of a commercial motor vehicle pursuant to | 7 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 8 | | skill performance evaluation (SPE) certificate permitting | 9 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 10 | | 391.49. | 11 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile | 12 | | communication device that falls under or uses any commercial | 13 | | mobile radio service, as defined in regulations of the Federal | 14 | | Communications Commission, 47 CFR 20.3. It does not include | 15 | | two-way or citizens band radio services. | 16 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 17 | | which is self-propelled, and every vehicle which is propelled | 18 | | by electric
power obtained from over head trolley wires but | 19 | | not operated upon rails,
except vehicles moved solely by human | 20 | | power and motorized wheel chairs.
| 21 | | (22.2) Motor vehicle record. "Motor vehicle record" means | 22 | | a report of the driving status and history of a driver | 23 | | generated from the driver record provided to users, such as | 24 | | drivers or employers, and is subject to the provisions of the | 25 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 26 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or |
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| 1 | | combination of motor vehicles not defined by the term | 2 | | "commercial motor vehicle" or "CMV" in this Section.
| 3 | | (22.7) Non-excepted interstate. "Non-excepted interstate" | 4 | | means a person who operates or expects to operate in | 5 | | interstate commerce, is subject to and meets the qualification | 6 | | requirements under 49 C.F.R. Part 391, and is required to | 7 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 8 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 9 | | means a person who operates only in intrastate commerce and is | 10 | | subject to State driver qualification requirements. | 11 | | (23) Non-domiciled CLP or Non-domiciled CDL. | 12 | | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | 13 | | respectively, issued by a state or other jurisdiction under | 14 | | either of the following two conditions: | 15 | | (i) to an individual domiciled in a foreign country | 16 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | 17 | | of the Federal Motor Carrier Safety Administration.
| 18 | | (ii) to an individual domiciled in another state | 19 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | 20 | | of the Federal Motor Carrier Safety Administration.
| 21 | | (24) (Blank).
| 22 | | (25) (Blank).
| 23 | | (25.5) Railroad-Highway Grade Crossing Violation. | 24 | | "Railroad-highway
grade
crossing violation" means a
violation, | 25 | | while operating a commercial motor vehicle, of
any
of the | 26 | | following:
|
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| 1 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| 2 | | (B) Any other similar
law or local ordinance of any | 3 | | state relating to
railroad-highway grade crossing.
| 4 | | (25.7) School Bus. "School bus" means a commercial motor | 5 | | vehicle used to transport pre-primary, primary, or secondary | 6 | | school students from home to school, from school to home, or to | 7 | | and from school-sponsored events. "School bus" does not | 8 | | include a bus used as a common carrier.
| 9 | | (26) Serious Traffic Violation. "Serious traffic | 10 | | violation"
means:
| 11 | | (A) a conviction when operating a commercial motor | 12 | | vehicle, or when operating a non-CMV while holding a CLP | 13 | | or CDL,
of:
| 14 | | (i) a violation relating to excessive speeding,
| 15 | | involving a single speeding charge of 15 miles per | 16 | | hour or more above the
legal speed limit; or
| 17 | | (ii) a violation relating to reckless driving; or
| 18 | | (iii) a violation of any State law or local | 19 | | ordinance relating to motor
vehicle traffic control | 20 | | (other than parking violations) arising in
connection | 21 | | with a fatal traffic crash; or
| 22 | | (iv) a violation of Section 6-501, relating to | 23 | | having multiple driver's
licenses; or
| 24 | | (v) a violation of paragraph (a) of Section 6-507, | 25 | | relating to the
requirement to have a valid CLP or CDL; | 26 | | or
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| 1 | | (vi) a violation relating to improper or erratic | 2 | | traffic lane changes;
or
| 3 | | (vii) a violation relating to following another | 4 | | vehicle too closely; or
| 5 | | (viii) a violation relating to texting while | 6 | | driving; or | 7 | | (ix) a violation relating to the use of a | 8 | | hand-held mobile telephone while driving; or | 9 | | (B) any other similar violation of a law or local
| 10 | | ordinance of any state relating to motor vehicle traffic | 11 | | control, other
than a parking violation, which the | 12 | | Secretary of State determines by
administrative rule to be | 13 | | serious.
| 14 | | (27) State. "State" means a state of the United States, | 15 | | the District of
Columbia and any province or territory of | 16 | | Canada.
| 17 | | (28) (Blank).
| 18 | | (29) (Blank).
| 19 | | (30) (Blank).
| 20 | | (31) (Blank).
| 21 | | (32) Texting. "Texting" means manually entering | 22 | | alphanumeric text into, or reading text from, an electronic | 23 | | device. | 24 | | (1) Texting includes, but is not limited to, short | 25 | | message service, emailing, instant messaging, a command or | 26 | | request to access a World Wide Web page, pressing more |
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| 1 | | than a single button to initiate or terminate a voice | 2 | | communication using a mobile telephone, or engaging in any | 3 | | other form of electronic text retrieval or entry for | 4 | | present or future communication. | 5 | | (2) Texting does not include: | 6 | | (i) inputting, selecting, or reading information | 7 | | on a global positioning system or navigation system; | 8 | | or | 9 | | (ii) pressing a single button to initiate or | 10 | | terminate a voice communication using a mobile | 11 | | telephone; or | 12 | | (iii) using a device capable of performing | 13 | | multiple functions (for example, a fleet management | 14 | | system, dispatching device, smart phone, citizens band | 15 | | radio, or music player) for a purpose that is not | 16 | | otherwise prohibited by Part 392 of the Federal Motor | 17 | | Carrier Safety Regulations. | 18 | | (32.3) Third party skills test examiner. "Third party | 19 | | skills test examiner" means a person employed by a third party | 20 | | tester who is authorized by the State to administer the CDL | 21 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | 22 | | (32.5) Third party tester. "Third party tester" means a | 23 | | person (including, but not limited to, another state, a motor | 24 | | carrier, a private driver training facility or other private | 25 | | institution, or a department, agency, or instrumentality of a | 26 | | local government) authorized by the State to employ skills |
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| 1 | | test examiners to administer the CDL skills tests specified in | 2 | | 49 C.F.R. Part 383, subparts G and H. | 3 | | (32.7) United States. "United States" means the 50 states | 4 | | and the District of Columbia. | 5 | | (33) Use a hand-held mobile telephone. "Use a hand-held | 6 | | mobile telephone" means: | 7 | | (1) using at least one hand to hold a mobile telephone | 8 | | to conduct a voice communication; | 9 | | (2) dialing or answering a mobile telephone by | 10 | | pressing more than a single button; or | 11 | | (3) reaching for a mobile telephone in a manner that | 12 | | requires a driver to maneuver so that he or she is no | 13 | | longer in a seated driving position, restrained by a seat | 14 | | belt that is installed in accordance with 49 CFR 393.93 | 15 | | and adjusted in accordance with the vehicle manufacturer's | 16 | | instructions. | 17 | | (Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23; | 18 | | 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.) | 19 | | (625 ILCS 5/6-507.5) | 20 | | Sec. 6-507.5. Application for Commercial Learner's Permit | 21 | | (CLP). | 22 | | (a) The application for a CLP must include, but is not | 23 | | limited to, the following: | 24 | | (1) the driver applicant's full legal name and current | 25 | | Illinois domiciliary address, unless the driver applicant |
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| 1 | | is from a foreign country and is applying for a | 2 | | non-domiciled CLP in which case the driver applicant shall | 3 | | submit proof of Illinois residency or the driver applicant | 4 | | is from another state and is applying for a non-domiciled | 5 | | CLP in which case the driver applicant shall submit proof | 6 | | of domicile in the state which issued the driver | 7 | | applicant's Non-CDL; | 8 | | (2) a physical description of the driver applicant | 9 | | including gender, height, weight, color of eyes, and hair | 10 | | color; | 11 | | (3) date of birth; | 12 | | (4) the driver applicant's social security number; | 13 | | (5) the driver applicant's signature; | 14 | | (6) the names of all states where the driver applicant | 15 | | has previously been licensed to drive any type of motor | 16 | | vehicle during the previous 10 years under 49 C.F.R. Part | 17 | | 383; | 18 | | (7) proof of citizenship or lawful permanent residency | 19 | | as set forth in Table 1 of 49 C.F.R. 383.71, unless the | 20 | | driver applicant is from a foreign country and is applying | 21 | | for a non-domiciled CLP, in which case the applicant must | 22 | | provide an unexpired employment authorization document | 23 | | (EAD) issued by USCIS or an unexpired foreign passport | 24 | | accompanied by an approved I-94 form documenting the | 25 | | applicant's most recent admittance into the United States; | 26 | | and |
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| 1 | | (8) any other information required by the Secretary of | 2 | | State. | 3 | | (b) Except as provided in subsection (b-5), no CLP shall | 4 | | be issued to a driver applicant unless the applicant has taken | 5 | | and passed a general knowledge test that meets the federal | 6 | | standards contained in 49 C.F.R. Part 383, subparts F, G, and H | 7 | | for the commercial motor vehicle the applicant expects to | 8 | | operate. | 9 | | (b-5) The Secretary of State may waive the general | 10 | | knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a | 11 | | qualifying driver applicant of a commercial learner's permit. | 12 | | A qualifying driver applicant shall: | 13 | | (1) be a current resident of this State; | 14 | | (2) be a current or former member of the military | 15 | | services, including a member of any reserve component or | 16 | | National Guard unit; | 17 | | (3) within one year prior to the application, have | 18 | | been regularly employed in a military position that | 19 | | requires the operation of large trucks; | 20 | | (4) have received formal military training in the | 21 | | operation of a vehicle similar to the commercial motor | 22 | | vehicle the applicant expects to operate; and | 23 | | (5) provide the Secretary of State with a general | 24 | | knowledge test waiver form signed by the applicant and his | 25 | | or her commanding officer certifying that the applicant | 26 | | qualifies for the general knowledge test waiver. |
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| 1 | | (c) No CLP shall be issued to a driver applicant unless the | 2 | | applicant possesses a valid Illinois driver's license or if | 3 | | the applicant is applying for a non-domiciled CLP under | 4 | | subsection (b) of Section 6-509 of this Code, in which case the | 5 | | driver applicant must possess a valid driver's license from | 6 | | his or her state of domicile. | 7 | | (d) No CLP shall be issued to a person under 18 years of | 8 | | age. | 9 | | (e) No person shall be issued a CLP unless the person | 10 | | certifies to the Secretary one of the following types of | 11 | | driving operations in which he or she will be engaged: | 12 | | (1) non-excepted interstate; | 13 | | (2) non-excepted intrastate; | 14 | | (3) excepted interstate; or | 15 | | (4) excepted intrastate. | 16 | | (f) No person shall be issued a CLP unless the person | 17 | | certifies to the Secretary that he or she is not subject to any | 18 | | disqualification under 49 C.F.R. 383.51, or any license | 19 | | disqualification under State law, and that he or she does not | 20 | | have a driver's license from more than one state or | 21 | | jurisdiction. | 22 | | (g) No CLP shall be issued to a person while the person is | 23 | | subject to a disqualification from driving a commercial motor | 24 | | vehicle, unless otherwise permitted by this Code, while the | 25 | | person's driver's license is suspended, revoked, or cancelled | 26 | | in any state, or any territory or province of Canada; nor may a |
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| 1 | | CLP be issued to a person who has a CLP or CDL issued by any | 2 | | other state or foreign jurisdiction, unless the person | 3 | | surrenders all of these licenses. No CLP shall be issued to or | 4 | | renewed for a person who does not meet the requirement of 49 | 5 | | C.F.R. 391.41(b)(11). The requirement may be met with the aid | 6 | | of a hearing aid. | 7 | | (h) No CLP with a Passenger, School Bus or Tank Vehicle | 8 | | endorsement shall be issued to a person unless the driver | 9 | | applicant has taken and passed the knowledge test for each | 10 | | endorsement. | 11 | | (1) A CLP holder with a Passenger (P) endorsement is | 12 | | prohibited from operating a CMV carrying passengers, other | 13 | | than federal or State auditors and inspectors, test | 14 | | examiners, or other trainees, and the CDL holder | 15 | | accompanying the CLP holder as prescribed by subsection | 16 | | (a) of Section 6-507 of this Code. The P endorsement must | 17 | | be class specific. | 18 | | (2) A CLP holder with a School Bus (S) endorsement is | 19 | | prohibited from operating a school bus with passengers | 20 | | other than federal or State auditors and inspectors, test | 21 | | examiners, or other trainees, and the CDL holder | 22 | | accompanying the CLP holder as prescribed by subsection | 23 | | (a) of Section 6-507 of this Code. | 24 | | (3) A CLP holder with a Tank Vehicle (N) endorsement | 25 | | may only operate an empty tank vehicle and is prohibited | 26 | | from operating any tank vehicle that previously contained |
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| 1 | | hazardous material that has not been purged of all | 2 | | residue. | 3 | | (4) All other federal endorsements are prohibited on a | 4 | | CLP. | 5 | | (i) No CLP holder may operate a commercial motor vehicle | 6 | | transporting hazardous material as defined in paragraph (20) | 7 | | of Section 6-500 of this Code. | 8 | | (j) The CLP holder must be accompanied by the holder of a | 9 | | valid CDL who has the proper CDL group and endorsement | 10 | | necessary to operate the CMV. The CDL holder must at all times | 11 | | be physically present in the front seat of the vehicle next to | 12 | | the CLP holder or, in the case of a passenger vehicle, directly | 13 | | behind or in the first row behind the driver and must have the | 14 | | CLP holder under observation and direct supervision. | 15 | | (k) A CLP is valid for 12 months 180 days from the date of | 16 | | issuance. A CLP may be renewed for an additional 180 days | 17 | | without requiring the CLP holder to retake the general and | 18 | | endorsement knowledge tests. | 19 | | (l) A CLP issued prior to July 1, 2014 for a limited time | 20 | | period according to state requirements, shall be considered a | 21 | | valid commercial driver's license for purposes of | 22 | | behind-the-wheel training on public roads or highways.
| 23 | | (Source: P.A. 100-223, eff. 8-18-17.) | 24 | | (625 ILCS 5/6-508.5 new) | 25 | | Sec. 6-508.5. Drug and alcohol clearinghouse. |
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| 1 | | (a) No driver who has engaged in conduct prohibited by | 2 | | subpart B of 49 CFR 382 shall perform safety-sensitive | 3 | | functions, including driving a commercial motor vehicle, | 4 | | unless the driver has met the return to duty requirements of | 5 | | subpart O of 49 CFR 40 and, if the driver's CDL or CLP was | 6 | | canceled, has had the CDL or CLP reinstated. | 7 | | (b) By applying for a CDL or CLP, a driver is deemed to | 8 | | have consented to the release of information from the drug and | 9 | | alcohol clearinghouse to the Secretary of State. | 10 | | (c) No later than November 18, 2024, the Secretary shall | 11 | | request information from the drug and alcohol clearinghouse | 12 | | for all applicants applying for an initial, renewal, transfer, | 13 | | or upgraded CDL or CLP. If the Secretary receives notification | 14 | | that pursuant to 49 CFR 382.503 the applicant is prohibited | 15 | | from operating a commercial motor vehicle, the Secretary shall | 16 | | not issue, renew, transfer, or upgrade a CDL or CLP. | 17 | | (d) No later than November 18, 2024, the Secretary must, | 18 | | upon receiving notification from the drug and alcohol | 19 | | clearinghouse that a holder of a CDL or CLP is prohibited from | 20 | | operating a commercial motor vehicle, cancel the CDL or CLP. | 21 | | The cancellation must be completed and recorded on the CDLIS | 22 | | driver record within 60 days after the State's receipt of such | 23 | | a notification. Upon notification from the Federal Motor | 24 | | Carrier Safety Administration that a driver has completed the | 25 | | return-to-duty process, the Secretary may reinstate the | 26 | | driver's CDL or CLP privileges. |
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| 1 | | (e) Upon notification from the Federal Motor Carrier | 2 | | Safety Administration that a violation was entered into the | 3 | | drug and alcohol clearinghouse erroneously, the Secretary | 4 | | shall reinstate the driver's CDL or CLP privileges and remove | 5 | | the cancellation from the driving record.
| 6 | | (625 ILCS 5/6-514)
| 7 | | (Text of Section before amendment by P.A. 102-982 )
| 8 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 9 | | learner's permit (CLP); disqualifications.
| 10 | | (a) A person shall be disqualified from driving a | 11 | | commercial motor
vehicle for a period of not less than 12 | 12 | | months for the first violation of:
| 13 | | (1) Refusing to submit to or failure to complete a | 14 | | test or tests to determine the driver's blood | 15 | | concentration of alcohol, other drug, or both
while | 16 | | driving a commercial motor vehicle or, if the driver is a | 17 | | CLP or CDL holder, while driving a non-CMV; or
| 18 | | (2) Operating a commercial motor vehicle while the | 19 | | alcohol
concentration of the person's blood, breath, other | 20 | | bodily substance, or urine is at least 0.04, or any
amount | 21 | | of a drug, substance, or compound in the person's blood, | 22 | | other bodily substance, or urine
resulting from the | 23 | | unlawful use or consumption of cannabis listed in the
| 24 | | Cannabis Control Act, a controlled substance listed in the | 25 | | Illinois
Controlled Substances Act, or methamphetamine as |
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| 1 | | listed in the Methamphetamine Control and Community | 2 | | Protection Act as indicated by a police officer's sworn | 3 | | report or
other verified evidence; or operating a | 4 | | non-commercial motor vehicle while the alcohol | 5 | | concentration of the person's blood, breath, other bodily | 6 | | substance, or urine was above the legal limit defined in | 7 | | Section 11-501.1 or 11-501.8 or any amount of a drug, | 8 | | substance, or compound in the person's blood, other bodily | 9 | | substance, or urine resulting from the unlawful use or | 10 | | consumption of cannabis listed in the Cannabis Control | 11 | | Act, a controlled substance listed in the Illinois | 12 | | Controlled Substances Act, or methamphetamine as listed in | 13 | | the Methamphetamine Control and Community Protection Act
| 14 | | as indicated by a police officer's sworn report or other | 15 | | verified evidence while holding a CLP or CDL; or
| 16 | | (3) Conviction for a first violation of:
| 17 | | (i) Driving a commercial motor vehicle or, if the | 18 | | driver is a CLP or CDL holder, driving a non-CMV while | 19 | | under the influence of
alcohol, or any other drug, or | 20 | | combination of drugs to a degree which
renders such | 21 | | person incapable of safely driving; or
| 22 | | (ii) Knowingly leaving the scene of an accident | 23 | | while
operating a commercial motor vehicle or, if the | 24 | | driver is a CLP or CDL holder, while driving a non-CMV; | 25 | | or
| 26 | | (iii) Driving a commercial motor vehicle or, if |
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| 1 | | the driver is a CLP or CDL holder, driving a non-CMV | 2 | | while committing any felony; or | 3 | | (iv) Driving a commercial motor vehicle while the | 4 | | person's driving privileges or driver's license or | 5 | | permit is revoked, suspended, or cancelled or the | 6 | | driver is disqualified from operating a commercial | 7 | | motor vehicle; or | 8 | | (v) Causing a fatality through the negligent | 9 | | operation of a commercial motor vehicle, including but | 10 | | not limited to the crimes of motor vehicle | 11 | | manslaughter, homicide by a motor vehicle, and | 12 | | negligent homicide. | 13 | | As used in this subdivision (a)(3)(v), "motor | 14 | | vehicle manslaughter" means the offense of involuntary | 15 | | manslaughter if committed by means of a vehicle; | 16 | | "homicide by a motor vehicle" means the offense of | 17 | | first degree murder or second degree murder, if either | 18 | | offense is committed by means of a vehicle; and | 19 | | "negligent homicide" means reckless homicide under | 20 | | Section 9-3 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012 and aggravated driving under the | 22 | | influence of alcohol, other drug or drugs, | 23 | | intoxicating compound or compounds, or any combination | 24 | | thereof under subdivision (d)(1)(F) of Section 11-501 | 25 | | of this Code.
| 26 | | If any of the above violations or refusals occurred |
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| 1 | | while
transporting hazardous material(s) required to be | 2 | | placarded, the person
shall be disqualified for a period | 3 | | of not less than 3 years; or
| 4 | | (4) (Blank). | 5 | | (b) A person is disqualified for life for a second | 6 | | conviction of any of
the offenses specified in paragraph (a), | 7 | | or any combination of those
offenses, arising from 2 or more | 8 | | separate incidents.
| 9 | | (c) A person is disqualified from driving a commercial | 10 | | motor vehicle for
life if the person either (i) uses a | 11 | | commercial motor vehicle in the commission of any felony
| 12 | | involving the manufacture, distribution, or dispensing of a | 13 | | controlled
substance, or possession with intent to | 14 | | manufacture, distribute or dispense
a controlled substance or | 15 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in | 16 | | the commission of a felony involving any of those activities.
| 17 | | (d) The Secretary of State may, when the United States | 18 | | Secretary of
Transportation so authorizes, issue regulations | 19 | | in which a disqualification
for life under paragraph (b) may | 20 | | be reduced to a period of not less than 10
years.
If a | 21 | | reinstated driver is subsequently convicted of another | 22 | | disqualifying
offense, as specified in subsection (a) of this | 23 | | Section, he or she shall be
permanently disqualified for life | 24 | | and shall be ineligible to again apply for a
reduction of the | 25 | | lifetime disqualification.
| 26 | | (e) A person is disqualified from driving a commercial |
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| 1 | | motor vehicle for
a period of not less than 2 months if | 2 | | convicted of 2 serious traffic
violations, committed in a | 3 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 4 | | or any combination thereof, arising from separate
incidents, | 5 | | occurring within a 3-year period, provided the serious traffic | 6 | | violation committed in a non-CMV would result in the | 7 | | suspension or revocation of the CLP or CDL holder's non-CMV | 8 | | privileges. However, a person will be
disqualified from | 9 | | driving a commercial motor vehicle for a period of not less
| 10 | | than 4 months if convicted of 3 serious traffic violations, | 11 | | committed in a
commercial motor vehicle, non-CMV while holding | 12 | | a CLP or CDL, or any combination thereof, arising from | 13 | | separate incidents, occurring within a 3-year period, provided | 14 | | the serious traffic violation committed in a non-CMV would | 15 | | result in the suspension or revocation of the CLP or CDL | 16 | | holder's non-CMV privileges. If all the convictions occurred | 17 | | in a non-CMV, the disqualification shall be entered only if | 18 | | the convictions would result in the suspension or revocation | 19 | | of the CLP or CDL holder's non-CMV privileges.
| 20 | | (e-1) (Blank).
| 21 | | (f) Notwithstanding any other provision of this Code, any | 22 | | driver
disqualified from operating a commercial motor vehicle, | 23 | | pursuant to this
UCDLA, shall not be eligible for restoration | 24 | | of commercial driving
privileges during any such period of | 25 | | disqualification.
| 26 | | (g) After suspending, revoking, or cancelling a CLP or |
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| 1 | | CDL, the Secretary of State must update the driver's records | 2 | | to reflect
such action within 10 days. After suspending or | 3 | | revoking the driving privilege
of any person who has been | 4 | | issued a CLP or CDL from another jurisdiction, the Secretary | 5 | | shall originate notification to
such issuing jurisdiction | 6 | | within 10 days.
| 7 | | (h) The "disqualifications" referred to in this Section | 8 | | shall not be
imposed upon any commercial motor vehicle driver, | 9 | | by the Secretary of
State, unless the prohibited action(s) | 10 | | occurred after March 31, 1992.
| 11 | | (i) A person is disqualified from driving a commercial | 12 | | motor vehicle in
accordance with the following:
| 13 | | (1) For 6 months upon a first conviction of paragraph | 14 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 15 | | of this Code.
| 16 | | (2) For 2 years upon a second conviction of paragraph | 17 | | (2) of subsection
(b) or subsection (b-3) or any | 18 | | combination of paragraphs (2) or (3) of subsection (b) or | 19 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 20 | | within a 10-year period if the second conviction is a | 21 | | violation of paragraph (2) of subsection (b) or subsection | 22 | | (b-3).
| 23 | | (3) For 3 years upon a third or subsequent conviction | 24 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 25 | | any combination of paragraphs (2) or (3) of subsection (b) | 26 | | or subsections (b-3) or (b-5) of Section 6-507 of this |
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| 1 | | Code within a 10-year period if the third or subsequent | 2 | | conviction is a violation of paragraph (2) of subsection | 3 | | (b) or subsection (b-3).
| 4 | | (4) For one year upon a first conviction of paragraph | 5 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 6 | | of this Code.
| 7 | | (5) For 3 years upon a second conviction of paragraph | 8 | | (3) of subsection
(b) or subsection (b-5) or any | 9 | | combination of paragraphs (2) or (3) of subsection (b) or | 10 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 11 | | within a 10-year period if the second conviction is a | 12 | | violation of paragraph (3) of subsection (b) or (b-5).
| 13 | | (6) For 5 years upon a third or subsequent conviction | 14 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 15 | | any combination of paragraphs (2) or (3) of subsection (b) | 16 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 17 | | Code within a 10-year period if the third or subsequent | 18 | | conviction is a violation of paragraph (3) of subsection | 19 | | (b) or (b-5).
| 20 | | (j) Disqualification for railroad-highway grade crossing
| 21 | | violation.
| 22 | | (1) General rule. A driver who is convicted of a | 23 | | violation of a federal,
State, or
local law or regulation | 24 | | pertaining to
one of the following 6 offenses at a | 25 | | railroad-highway grade crossing must be
disqualified
from | 26 | | operating a commercial motor vehicle for the period of |
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| 1 | | time specified in
paragraph (2) of this subsection (j) if | 2 | | the offense was committed while
operating a commercial | 3 | | motor vehicle:
| 4 | | (i) For drivers who are not required to always | 5 | | stop, failing to
slow down and check that the tracks | 6 | | are clear of an approaching train or railroad track | 7 | | equipment, as
described in subsection (a-5) of Section | 8 | | 11-1201 of this Code;
| 9 | | (ii) For drivers who are not required to always | 10 | | stop, failing to
stop before reaching the crossing, if | 11 | | the tracks are not clear, as described in
subsection | 12 | | (a-1) (a) of Section 11-1201 of this Code;
| 13 | | (iii) For drivers who are always required to stop, | 14 | | failing to stop
before driving onto the crossing, as | 15 | | described in subsection (a-1) of Section 11-1202 of | 16 | | this Code;
| 17 | | (iv) For all drivers, failing to have sufficient | 18 | | space to drive
completely through the crossing without | 19 | | stopping, as described in subsection (b-5)
(b) of | 20 | | Section 11-1425 of this Code;
| 21 | | (v) For all drivers, failing to obey a traffic | 22 | | control device or
the directions of an enforcement | 23 | | official at the crossing, as described in
subdivision | 24 | | (2) of subsection (a-1) (a)2 of Section 11-1201 of | 25 | | this Code;
| 26 | | (vi) For all drivers, failing to negotiate a |
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| 1 | | crossing because of
insufficient undercarriage | 2 | | clearance, as described in subsection (d-1) of
Section | 3 | | 11-1201 of this Code.
| 4 | | (2) Duration of disqualification for railroad-highway | 5 | | grade
crossing violation.
| 6 | | (i) First violation. A driver must be disqualified | 7 | | from operating a
commercial motor vehicle
for not less | 8 | | than 60 days if the driver is convicted of a violation | 9 | | described
in paragraph
(1) of this subsection (j) and, | 10 | | in the three-year period preceding the
conviction, the | 11 | | driver
had no convictions for a violation described in | 12 | | paragraph (1) of this
subsection (j).
| 13 | | (ii) Second violation. A driver must be | 14 | | disqualified from operating a
commercial
motor vehicle
| 15 | | for not less
than 120 days if the driver is convicted
| 16 | | of a violation described in paragraph (1) of this | 17 | | subsection (j) and, in the
three-year
period preceding | 18 | | the conviction, the driver had one other conviction | 19 | | for a
violation
described in paragraph (1) of this | 20 | | subsection (j) that was committed in a
separate
| 21 | | incident.
| 22 | | (iii) Third or subsequent violation. A driver must | 23 | | be disqualified from
operating a
commercial motor | 24 | | vehicle
for not less than one year if the driver is | 25 | | convicted
of a violation described in paragraph (1) of | 26 | | this subsection (j) and, in the
three-year
period |
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| 1 | | preceding the conviction, the driver had 2 or more | 2 | | other convictions for
violations
described in | 3 | | paragraph (1) of this subsection (j) that were | 4 | | committed in
separate incidents.
| 5 | | (k) Upon notification of a disqualification of a driver's | 6 | | commercial motor vehicle privileges imposed by the U.S. | 7 | | Department of Transportation, Federal Motor Carrier Safety | 8 | | Administration, in accordance with 49 CFR 383.52, the | 9 | | Secretary of State shall immediately record to the driving | 10 | | record the notice of disqualification and confirm to the | 11 | | driver the action that has been taken.
| 12 | | (l) A foreign commercial driver is subject to | 13 | | disqualification under this Section. | 14 | | (m) A person shall be disqualified from operating a | 15 | | commercial motor vehicle for life if that individual uses a | 16 | | commercial motor vehicle in the commission of a felony | 17 | | involving an act or practice of severe forms of human | 18 | | trafficking, as defined in 22 U.S.C. 7102(11). | 19 | | (Source: P.A. 102-749, eff. 1-1-23.) | 20 | | (Text of Section after amendment by P.A. 102-982 ) | 21 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 22 | | learner's permit (CLP); disqualifications.
| 23 | | (a) A person shall be disqualified from driving a | 24 | | commercial motor
vehicle for a period of not less than 12 | 25 | | months for the first violation of:
|
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| 1 | | (1) Refusing to submit to or failure to complete a | 2 | | test or tests to determine the driver's blood | 3 | | concentration of alcohol, other drug, or both
while | 4 | | driving a commercial motor vehicle or, if the driver is a | 5 | | CLP or CDL holder, while driving a non-CMV; or
| 6 | | (2) Operating a commercial motor vehicle while the | 7 | | alcohol
concentration of the person's blood, breath, other | 8 | | bodily substance, or urine is at least 0.04, or any
amount | 9 | | of a drug, substance, or compound in the person's blood, | 10 | | other bodily substance, or urine
resulting from the | 11 | | unlawful use or consumption of cannabis listed in the
| 12 | | Cannabis Control Act, a controlled substance listed in the | 13 | | Illinois
Controlled Substances Act, or methamphetamine as | 14 | | listed in the Methamphetamine Control and Community | 15 | | Protection Act as indicated by a police officer's sworn | 16 | | report or
other verified evidence; or operating a | 17 | | non-commercial motor vehicle while the alcohol | 18 | | concentration of the person's blood, breath, other bodily | 19 | | substance, or urine was above the legal limit defined in | 20 | | Section 11-501.1 or 11-501.8 or any amount of a drug, | 21 | | substance, or compound in the person's blood, other bodily | 22 | | substance, or urine resulting from the unlawful use or | 23 | | consumption of cannabis listed in the Cannabis Control | 24 | | Act, a controlled substance listed in the Illinois | 25 | | Controlled Substances Act, or methamphetamine as listed in | 26 | | the Methamphetamine Control and Community Protection Act
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| 1 | | as indicated by a police officer's sworn report or other | 2 | | verified evidence while holding a CLP or CDL; or
| 3 | | (3) Conviction for a first violation of:
| 4 | | (i) Driving a commercial motor vehicle or, if the | 5 | | driver is a CLP or CDL holder, driving a non-CMV while | 6 | | under the influence of
alcohol, or any other drug, or | 7 | | combination of drugs to a degree which
renders such | 8 | | person incapable of safely driving; or
| 9 | | (ii) Knowingly leaving the scene of a crash while
| 10 | | operating a commercial motor vehicle or, if the driver | 11 | | is a CLP or CDL holder, while driving a non-CMV; or
| 12 | | (iii) Driving a commercial motor vehicle or, if | 13 | | the driver is a CLP or CDL holder, driving a non-CMV | 14 | | while committing any felony; or | 15 | | (iv) Driving a commercial motor vehicle while the | 16 | | person's driving privileges or driver's license or | 17 | | permit is revoked, suspended, or cancelled or the | 18 | | driver is disqualified from operating a commercial | 19 | | motor vehicle; or | 20 | | (v) Causing a fatality through the negligent | 21 | | operation of a commercial motor vehicle, including but | 22 | | not limited to the crimes of motor vehicle | 23 | | manslaughter, homicide by a motor vehicle, and | 24 | | negligent homicide. | 25 | | As used in this subdivision (a)(3)(v), "motor | 26 | | vehicle manslaughter" means the offense of involuntary |
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| 1 | | manslaughter if committed by means of a vehicle; | 2 | | "homicide by a motor vehicle" means the offense of | 3 | | first degree murder or second degree murder, if either | 4 | | offense is committed by means of a vehicle; and | 5 | | "negligent homicide" means reckless homicide under | 6 | | Section 9-3 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012 and aggravated driving under the | 8 | | influence of alcohol, other drug or drugs, | 9 | | intoxicating compound or compounds, or any combination | 10 | | thereof under subdivision (d)(1)(F) of Section 11-501 | 11 | | of this Code.
| 12 | | If any of the above violations or refusals occurred | 13 | | while
transporting hazardous material(s) required to be | 14 | | placarded, the person
shall be disqualified for a period | 15 | | of not less than 3 years; or
| 16 | | (4) (Blank). | 17 | | (b) A person is disqualified for life for a second | 18 | | conviction of any of
the offenses specified in paragraph (a), | 19 | | or any combination of those
offenses, arising from 2 or more | 20 | | separate incidents.
| 21 | | (c) A person is disqualified from driving a commercial | 22 | | motor vehicle for
life if the person either (i) uses a | 23 | | commercial motor vehicle in the commission of any felony
| 24 | | involving the manufacture, distribution, or dispensing of a | 25 | | controlled
substance, or possession with intent to | 26 | | manufacture, distribute or dispense
a controlled substance or |
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| 1 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in | 2 | | the commission of a felony involving any of those activities.
| 3 | | (d) The Secretary of State may, when the United States | 4 | | Secretary of
Transportation so authorizes, issue regulations | 5 | | in which a disqualification
for life under paragraph (b) may | 6 | | be reduced to a period of not less than 10
years.
If a | 7 | | reinstated driver is subsequently convicted of another | 8 | | disqualifying
offense, as specified in subsection (a) of this | 9 | | Section, he or she shall be
permanently disqualified for life | 10 | | and shall be ineligible to again apply for a
reduction of the | 11 | | lifetime disqualification.
| 12 | | (e) A person is disqualified from driving a commercial | 13 | | motor vehicle for
a period of not less than 2 months if | 14 | | convicted of 2 serious traffic
violations, committed in a | 15 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 16 | | or any combination thereof, arising from separate
incidents, | 17 | | occurring within a 3-year period, provided the serious traffic | 18 | | violation committed in a non-CMV would result in the | 19 | | suspension or revocation of the CLP or CDL holder's non-CMV | 20 | | privileges. However, a person will be
disqualified from | 21 | | driving a commercial motor vehicle for a period of not less
| 22 | | than 4 months if convicted of 3 serious traffic violations, | 23 | | committed in a
commercial motor vehicle, non-CMV while holding | 24 | | a CLP or CDL, or any combination thereof, arising from | 25 | | separate incidents, occurring within a 3-year period, provided | 26 | | the serious traffic violation committed in a non-CMV would |
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| 1 | | result in the suspension or revocation of the CLP or CDL | 2 | | holder's non-CMV privileges. If all the convictions occurred | 3 | | in a non-CMV, the disqualification shall be entered only if | 4 | | the convictions would result in the suspension or revocation | 5 | | of the CLP or CDL holder's non-CMV privileges.
| 6 | | (e-1) (Blank).
| 7 | | (f) Notwithstanding any other provision of this Code, any | 8 | | driver
disqualified from operating a commercial motor vehicle, | 9 | | pursuant to this
UCDLA, shall not be eligible for restoration | 10 | | of commercial driving
privileges during any such period of | 11 | | disqualification.
| 12 | | (g) After suspending, revoking, or cancelling a CLP or | 13 | | CDL, the Secretary of State must update the driver's records | 14 | | to reflect
such action within 10 days. After suspending or | 15 | | revoking the driving privilege
of any person who has been | 16 | | issued a CLP or CDL from another jurisdiction, the Secretary | 17 | | shall originate notification to
such issuing jurisdiction | 18 | | within 10 days.
| 19 | | (h) The "disqualifications" referred to in this Section | 20 | | shall not be
imposed upon any commercial motor vehicle driver, | 21 | | by the Secretary of
State, unless the prohibited action(s) | 22 | | occurred after March 31, 1992.
| 23 | | (i) A person is disqualified from driving a commercial | 24 | | motor vehicle in
accordance with the following:
| 25 | | (1) For 6 months upon a first conviction of paragraph | 26 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 |
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| 1 | | of this Code.
| 2 | | (2) For 2 years upon a second conviction of paragraph | 3 | | (2) of subsection
(b) or subsection (b-3) or any | 4 | | combination of paragraphs (2) or (3) of subsection (b) or | 5 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 6 | | within a 10-year period if the second conviction is a | 7 | | violation of paragraph (2) of subsection (b) or subsection | 8 | | (b-3).
| 9 | | (3) For 3 years upon a third or subsequent conviction | 10 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 11 | | any combination of paragraphs (2) or (3) of subsection (b) | 12 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 13 | | Code within a 10-year period if the third or subsequent | 14 | | conviction is a violation of paragraph (2) of subsection | 15 | | (b) or subsection (b-3).
| 16 | | (4) For one year upon a first conviction of paragraph | 17 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 18 | | of this Code.
| 19 | | (5) For 3 years upon a second conviction of paragraph | 20 | | (3) of subsection
(b) or subsection (b-5) or any | 21 | | combination of paragraphs (2) or (3) of subsection (b) or | 22 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 23 | | within a 10-year period if the second conviction is a | 24 | | violation of paragraph (3) of subsection (b) or (b-5).
| 25 | | (6) For 5 years upon a third or subsequent conviction | 26 | | of paragraph (3) of
subsection (b) or subsection (b-5) or |
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| 1 | | any combination of paragraphs (2) or (3) of subsection (b) | 2 | | or subsections (b-3) or (b-5) of Section 6-507 of this | 3 | | Code within a 10-year period if the third or subsequent | 4 | | conviction is a violation of paragraph (3) of subsection | 5 | | (b) or (b-5).
| 6 | | (j) Disqualification for railroad-highway grade crossing
| 7 | | violation.
| 8 | | (1) General rule. A driver who is convicted of a | 9 | | violation of a federal,
State, or
local law or regulation | 10 | | pertaining to
one of the following 6 offenses at a | 11 | | railroad-highway grade crossing must be
disqualified
from | 12 | | operating a commercial motor vehicle for the period of | 13 | | time specified in
paragraph (2) of this subsection (j) if | 14 | | the offense was committed while
operating a commercial | 15 | | motor vehicle:
| 16 | | (i) For drivers who are not required to always | 17 | | stop, failing to
slow down and check that the tracks | 18 | | are clear of an approaching train or railroad track | 19 | | equipment, as
described in subsection (a-5) of Section | 20 | | 11-1201 of this Code;
| 21 | | (ii) For drivers who are not required to always | 22 | | stop, failing to
stop before reaching the crossing, if | 23 | | the tracks are not clear, as described in
subsection | 24 | | (a-1) (a) of Section 11-1201 of this Code;
| 25 | | (iii) For drivers who are always required to stop, | 26 | | failing to stop
before driving onto the crossing, as |
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| 1 | | described in subsection (a-1) of Section 11-1202 of | 2 | | this Code;
| 3 | | (iv) For all drivers, failing to have sufficient | 4 | | space to drive
completely through the crossing without | 5 | | stopping, as described in subsection (b-5)
(b) of | 6 | | Section 11-1425 of this Code;
| 7 | | (v) For all drivers, failing to obey a traffic | 8 | | control device or
the directions of an enforcement | 9 | | official at the crossing, as described in
subdivision | 10 | | (2) of subsection (a-1) (a)2 of Section 11-1201 of | 11 | | this Code;
| 12 | | (vi) For all drivers, failing to negotiate a | 13 | | crossing because of
insufficient undercarriage | 14 | | clearance, as described in subsection (d-1) of
Section | 15 | | 11-1201 of this Code.
| 16 | | (2) Duration of disqualification for railroad-highway | 17 | | grade
crossing violation.
| 18 | | (i) First violation. A driver must be disqualified | 19 | | from operating a
commercial motor vehicle
for not less | 20 | | than 60 days if the driver is convicted of a violation | 21 | | described
in paragraph
(1) of this subsection (j) and, | 22 | | in the three-year period preceding the
conviction, the | 23 | | driver
had no convictions for a violation described in | 24 | | paragraph (1) of this
subsection (j).
| 25 | | (ii) Second violation. A driver must be | 26 | | disqualified from operating a
commercial
motor vehicle
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| 1 | | for not less
than 120 days if the driver is convicted
| 2 | | of a violation described in paragraph (1) of this | 3 | | subsection (j) and, in the
three-year
period preceding | 4 | | the conviction, the driver had one other conviction | 5 | | for a
violation
described in paragraph (1) of this | 6 | | subsection (j) that was committed in a
separate
| 7 | | incident.
| 8 | | (iii) Third or subsequent violation. A driver must | 9 | | be disqualified from
operating a
commercial motor | 10 | | vehicle
for not less than one year if the driver is | 11 | | convicted
of a violation described in paragraph (1) of | 12 | | this subsection (j) and, in the
three-year
period | 13 | | preceding the conviction, the driver had 2 or more | 14 | | other convictions for
violations
described in | 15 | | paragraph (1) of this subsection (j) that were | 16 | | committed in
separate incidents.
| 17 | | (k) Upon notification of a disqualification of a driver's | 18 | | commercial motor vehicle privileges imposed by the U.S. | 19 | | Department of Transportation, Federal Motor Carrier Safety | 20 | | Administration, in accordance with 49 CFR 383.52, the | 21 | | Secretary of State shall immediately record to the driving | 22 | | record the notice of disqualification and confirm to the | 23 | | driver the action that has been taken.
| 24 | | (l) A foreign commercial driver is subject to | 25 | | disqualification under this Section. | 26 | | (m) A person shall be disqualified from operating a |
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| 1 | | commercial motor vehicle for life if that individual uses a | 2 | | commercial motor vehicle in the commission of a felony | 3 | | involving an act or practice of severe forms of human | 4 | | trafficking, as defined in 22 U.S.C. 7102(11). | 5 | | (Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23; | 6 | | revised 12-14-22.)
| 7 | | (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
| 8 | | Sec. 7-315. A certificate of insurance proof.
| 9 | | (a) Proof of financial
responsibility
may be made by | 10 | | filing with the Secretary of State the written or electronic
| 11 | | certificate
of any insurance carrier duly authorized to do | 12 | | business in this State,
certifying
that it has issued to or for | 13 | | the benefit of the person furnishing such proof
and named as | 14 | | the insured in a motor vehicle liability policy, a motor
| 15 | | vehicle liability policy or policies or in certain events an | 16 | | operator's
policy meeting the requirements of this Code and | 17 | | that said policy
or policies are then in full force and effect. | 18 | | All written or electronic certificates must be submitted in a | 19 | | manner satisfactory to the Secretary of State.
| 20 | | (b) Such certificate or certificates shall give the dates | 21 | | of issuance
and expiration of such policy or policies and | 22 | | certify that the same shall
not be canceled unless 15 days' | 23 | | prior written or electronic notice thereof
be given to the | 24 | | Secretary of State and shall explicitly describe all motor
| 25 | | vehicles covered thereby unless the policy or policies are |
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| 1 | | issued to a person
who is
not the owner of a motor vehicle.
| 2 | | (c) The Secretary of State shall not accept any | 3 | | certificate or
certificates unless the same shall cover all | 4 | | motor vehicles then registered
in this State in the name of the | 5 | | person furnishing such proof as owner and
an additional | 6 | | certificate or certificates shall be required as a condition
| 7 | | precedent to the subsequent registration of any motor vehicle | 8 | | or motor
vehicles in the name of the person giving such proof | 9 | | as owner.
| 10 | | (Source: P.A. 94-239, eff. 1-1-06.)
| 11 | | (625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
| 12 | | Sec. 7-318. Notice of cancellation or termination of | 13 | | certified policy Cancellation or Termination of Certified | 14 | | Policy . When an insurance carrier has certified a motor | 15 | | vehicle liability policy
or policies under this Act, it shall | 16 | | notify the Secretary of State of any
cancellation by | 17 | | submitting an mailing a written or electronic notice at least | 18 | | 15 days prior to
cancellation of such policy and the policy | 19 | | shall continue in full force and
effect until the date of | 20 | | cancellation specified in such notice or until its
expiration, | 21 | | except that such a policy subsequently procured and certified
| 22 | | shall, on the effective date of its certification, terminate | 23 | | the insurance
previously certified with respect to any vehicle | 24 | | designated in both
certificates. All written or electronic | 25 | | certificates must be submitted in a manner satisfactory to the |
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| 1 | | Secretary of State.
| 2 | | (Source: P.A. 94-239, eff. 1-1-06.)
| 3 | | (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
| 4 | | Sec. 11-1201. Obedience to signal indicating approach of | 5 | | train or railroad track equipment.
| 6 | | (a) Whenever any person driving a vehicle approaches a | 7 | | railroad grade
crossing where the driver is not always | 8 | | required to stop, the
person must
exercise due care and | 9 | | caution as the existence of
a railroad track across a highway | 10 | | is a warning of danger, and under any of
the circumstances | 11 | | stated in this Section, the driver shall stop within 50
feet | 12 | | but not less than 15 feet from the nearest rail of the railroad | 13 | | and
shall not proceed until the tracks are clear and he or she | 14 | | can do so
safely. The
foregoing requirements
shall apply when:
| 15 | | 1. A clearly visible electric or mechanical signal | 16 | | device gives warning
of the immediate approach of a | 17 | | railroad train or railroad track equipment;
| 18 | | 2. A crossing gate is lowered or a human flagman gives | 19 | | or continues to
give a signal of the approach or passage of | 20 | | a railroad train or railroad track equipment;
| 21 | | 3. A railroad train or railroad track equipment | 22 | | approaching a highway crossing emits a warning
signal and | 23 | | such railroad train or railroad track equipment, by reason | 24 | | of its speed or nearness to such
crossing, is an immediate | 25 | | hazard;
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| 1 | | 4. An approaching railroad train or railroad track | 2 | | equipment is plainly visible and is in hazardous
proximity | 3 | | to such crossing;
| 4 | | 5. A railroad train or railroad track equipment is | 5 | | approaching so closely that an immediate hazard
is | 6 | | created.
| 7 | | (a-1) Whenever any person driving a commercial motor | 8 | | vehicle, as defined in Section 6-500 of this Code, approaches | 9 | | a railroad grade crossing where the driver is not always | 10 | | required to stop, the person must exercise due care and | 11 | | caution as the existence of a railroad track across a highway | 12 | | is a warning of danger, and under any of the circumstances | 13 | | stated in this Section, the driver shall stop within 50 feet | 14 | | but not less than 15 feet from the nearest rail of the railroad | 15 | | and shall not proceed until the tracks are clear and he or she | 16 | | can do so safely. The foregoing requirements shall apply when: | 17 | | 1. A clearly visible electric or mechanical signal | 18 | | device gives warning of the immediate approach of a | 19 | | railroad train or railroad track equipment; | 20 | | 2. A crossing gate is lowered or a human flagman gives | 21 | | or continues to give a signal of the approach or passage of | 22 | | a railroad train or railroad track equipment; | 23 | | 3. A railroad train or railroad track equipment | 24 | | approaching a highway crossing emits a warning signal and | 25 | | such railroad train or railroad track equipment, by reason | 26 | | of its speed or nearness to such crossing, is an immediate |
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| 1 | | hazard; | 2 | | 4. An approaching railroad train or railroad track | 3 | | equipment is plainly visible and is in hazardous proximity | 4 | | to such crossing; | 5 | | 5. A railroad train or railroad track equipment is | 6 | | approaching so closely that an immediate hazard is | 7 | | created. | 8 | | (a-5) Whenever a person driving a commercial motor | 9 | | vehicle, as defined in Section 6-500 of this Code, vehicle | 10 | | approaches a railroad grade
crossing where the driver is not | 11 | | always required to stop but must slow down,
the person must | 12 | | exercise due care and caution as the existence of a railroad
| 13 | | track across a highway is a warning of danger, and under any of | 14 | | the
circumstances stated in this Section, the driver shall | 15 | | slow down within 50 feet
but not less than 15 feet from the | 16 | | nearest rail of the railroad and shall not
proceed until he or | 17 | | she checks that the tracks are clear of an approaching
train or | 18 | | railroad track equipment.
| 19 | | (b) No person shall drive any vehicle through, around
or | 20 | | under any crossing gate or barrier at a railroad crossing
| 21 | | while such gate or barrier is closed or is being opened or | 22 | | closed.
| 23 | | (c) The Department, and local authorities with the
| 24 | | approval of the Department, are hereby authorized to designate
| 25 | | particularly dangerous highway grade crossings of railroads
| 26 | | and to erect stop signs thereat. When such stop signs
are |
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| 1 | | erected the driver of any vehicle shall stop within 50
feet but | 2 | | not less than 15 feet from the nearest rail of such
railroad | 3 | | and shall proceed only upon exercising due care.
| 4 | | (d) At any railroad grade crossing provided with railroad | 5 | | crossbuck signs,
without automatic, electric, or mechanical | 6 | | signal devices, crossing gates, or a
human flagman giving a | 7 | | signal of the approach or passage of a train or railroad track | 8 | | equipment, the driver
of a vehicle shall in obedience to the | 9 | | railroad crossbuck sign, yield the
right-of-way and slow down | 10 | | to a speed reasonable for the existing conditions
and shall | 11 | | stop, if required for safety, at a clearly marked stopped | 12 | | line, or if
no stop line, within 50 feet but not less than 15 | 13 | | feet from the nearest rail of
the railroad and shall not | 14 | | proceed until he or she can do so safely. If a
driver is | 15 | | involved in a collision at a railroad crossing or interferes | 16 | | with the
movement of a train or railroad track equipment after | 17 | | driving past the railroad crossbuck sign, the
collision or | 18 | | interference is prima facie evidence of the driver's
failure | 19 | | to yield right-of-way.
| 20 | | (d-1) No person shall, while driving a commercial motor | 21 | | vehicle, fail to
negotiate
a railroad-highway grade railroad | 22 | | crossing because of insufficient
undercarriage
clearance.
| 23 | | (d-5) (Blank).
| 24 | | (e) It is unlawful to violate any part of this
Section.
| 25 | | (1) A violation of this Section is a petty offense for | 26 | | which a fine of
$500 shall be imposed for a first |
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| 1 | | violation, and a fine of $1,000 shall be
imposed for a | 2 | | second or subsequent violation. The court may impose 25 | 3 | | hours of
community service in place of the $500 fine for | 4 | | the first violation.
| 5 | | (2) For a second or subsequent violation, the | 6 | | Secretary of State may
suspend the driving privileges of | 7 | | the offender for a minimum of 6 months.
| 8 | | (f) Corporate authorities of municipal corporations
| 9 | | regulating operators of vehicles that fail to obey signals | 10 | | indicating the
presence,
approach, passage, or departure of a
| 11 | | train or railroad track equipment shall impose fines as | 12 | | established in subsection (e) of this Section.
| 13 | | (Source: P.A. 99-663, eff. 1-1-17 .)
| 14 | | (625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)
| 15 | | Sec. 11-1202. Certain vehicles must stop at all railroad | 16 | | grade
crossings.
| 17 | | (a) The driver of any of the following vehicles shall, | 18 | | before
crossing a railroad track or tracks at grade, stop such | 19 | | vehicle within 50
feet but not less than 15 feet from the | 20 | | nearest rail and, while so stopped,
shall listen and look for | 21 | | the approach of a train or railroad track equipment and shall | 22 | | not proceed
until such movement can be made with safety:
| 23 | | 1. Any second division vehicle carrying passengers for | 24 | | hire;
| 25 | | 2. Any bus that meets all of the special requirements |
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| 1 | | for school buses in
Sections 12-801, 12-803, and 12-805 of | 2 | | this Code. The driver of the bus, in addition to complying | 3 | | with all other applicable requirements of this subsection | 4 | | (a), must also (i) turn off all noise producing | 5 | | accessories, including heater blowers, defroster fans, | 6 | | auxiliary fans, and radios, and (ii) open the service door | 7 | | and driver's window, before crossing a railroad track or | 8 | | tracks;
| 9 | | 3. (Blank). Any other vehicle which is required by | 10 | | Federal or State law to be
placarded when carrying as a | 11 | | cargo or part of a cargo hazardous material as
defined in | 12 | | the "Illinois Hazardous Materials Transportation Act".
| 13 | | (a-1) The driver of any of the following vehicles shall, | 14 | | before crossing a railroad track or tracks at grade, stop such | 15 | | vehicle within 50 feet but not less than 15 feet from the | 16 | | nearest rail and, while so stopped, shall listen and look for | 17 | | the approach of a train or railroad track equipment and shall | 18 | | not proceed until such movement can be made with safety: | 19 | | 1. A commercial motor vehicle, as defined in Section | 20 | | 6-500 of this Code, carrying passengers for hire; | 21 | | 2. Any bus that meets all of the special requirements | 22 | | for school buses in Sections 12-801, 12-803, and 12-805 of | 23 | | this Code and is designed to transport 16 or more persons, | 24 | | including the driver. The driver of the bus, in addition | 25 | | to complying with all other applicable requirements of | 26 | | this subsection (a-1), must also (i) turn off all noise |
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| 1 | | producing accessories, including heater blowers, defroster | 2 | | fans, auxiliary fans, and radios, and (ii) open the | 3 | | service door and driver's window, before crossing a | 4 | | railroad track or tracks; | 5 | | 3. Any other vehicle which is required by federal or | 6 | | State law to be placarded when carrying as a cargo or part | 7 | | of a cargo hazardous material as defined in the Illinois | 8 | | Hazardous Materials Transportation Act. | 9 | | After stopping as required in this Section, the driver | 10 | | shall proceed only in
a gear not requiring a change of gears | 11 | | during the crossing, and the driver
shall not shift gears | 12 | | while crossing the track or tracks.
| 13 | | (b) This Section shall not apply:
| 14 | | 1. At any railroad grade crossing where traffic is | 15 | | controlled by a police
officer or flagperson;
| 16 | | 2. At any railroad grade crossing controlled by a | 17 | | functioning
traffic-control signal transmitting a green | 18 | | indication which, under law,
permits the vehicle to | 19 | | proceed across the railroad tracks without slowing
or | 20 | | stopping, except that subsection (a) shall apply to
any | 21 | | school bus;
| 22 | | 3. At any streetcar grade crossing within a business | 23 | | or
residence district; or
| 24 | | 4. At any abandoned, industrial or spur track railroad | 25 | | grade
crossing designated as exempt by the Illinois | 26 | | Commerce Commission and
marked with an official sign as |
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| 1 | | authorized in the State Manual on Uniform
Traffic Control | 2 | | Devices for Streets and Highways.
| 3 | | (Source: P.A. 95-756, eff. 1-1-09; 96-1244, eff. 1-1-11.)
| 4 | | (625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
| 5 | | Sec. 11-1425. Stop when traffic obstructed.
| 6 | | (a) No driver shall enter an
intersection or a marked | 7 | | crosswalk or drive onto any railroad grade
crossing unless | 8 | | there is sufficient space on the other side of the
| 9 | | intersection, crosswalk or railroad grade crossing to | 10 | | accommodate the
vehicle he is operating without obstructing | 11 | | the passage of other
vehicles, pedestrians or railroad trains | 12 | | notwithstanding any
traffic-control signal indication to | 13 | | proceed.
| 14 | | (b) No driver shall enter a highway rail grade crossing | 15 | | unless there is
sufficient space on
the other side of the | 16 | | highway rail grade crossing to accommodate the vehicle
being
| 17 | | operated without obstructing the passage of a train or other | 18 | | railroad equipment
using the
rails, notwithstanding any | 19 | | traffic-control signal indication to proceed.
| 20 | | (b-5) No driver operating a commercial motor vehicle, as | 21 | | defined in Section 6-500 of this Code, shall enter a highway | 22 | | rail grade crossing unless there is sufficient space on the | 23 | | other side of the highway rail grade crossing to accommodate | 24 | | the vehicle being operated without obstructing the passage of | 25 | | a train or other railroad equipment using the rails, |
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| 1 | | notwithstanding any traffic-control signal indication to | 2 | | proceed. | 3 | | (c) (Blank).
| 4 | | (d) Beginning with the effective date of this amendatory | 5 | | Act of the 95th General Assembly,
the Secretary of State shall | 6 | | suspend for a period of one month
the driving
privileges of any | 7 | | person convicted of a violation of subsection (b) of this
| 8 | | Section or a similar provision of a local ordinance; the | 9 | | Secretary shall
suspend for a period of 3 months the driving | 10 | | privileges of any person convicted
of a second or subsequent | 11 | | violation of subsection (b) of this Section or a
similar | 12 | | provision of a local ordinance if the second or subsequent | 13 | | violation
occurs within 5 years of a prior conviction for the | 14 | | same offense. In addition
to the suspensions authorized by | 15 | | this Section, any person convicted of
violating subsection (b) | 16 | | of this Section or a similar provision of a local ordinance
| 17 | | shall be subject to a mandatory fine of $500 or 50 hours of | 18 | | community service. Any person given a disposition of court | 19 | | supervision for violating subsection (b) of this Section or a | 20 | | similar provision of a local ordinance shall also be subject | 21 | | to a mandatory fine of $500 or 50 hours of community service. | 22 | | Upon a second or subsequent
violation, in addition to the | 23 | | suspensions authorized by this Section, the person shall be | 24 | | subject to a mandatory fine of $500 and 50 hours community | 25 | | service.
The Secretary may also grant, for the duration of any
| 26 | | suspension issued under this subsection, a restricted driving |
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| 1 | | permit
granting the privilege of driving a motor vehicle | 2 | | between the driver's
residence and place of employment or | 3 | | within other proper limits that the
Secretary of State shall | 4 | | find necessary to avoid any undue hardship. A
restricted | 5 | | driving permit issued hereunder shall be subject to
| 6 | | cancellation, revocation and suspension by the Secretary of | 7 | | State in like
manner and for like cause as a driver's license | 8 | | may be cancelled, revoked
or suspended; except that a | 9 | | conviction upon one or more offenses against
laws or | 10 | | ordinances regulating the movement of traffic shall be deemed
| 11 | | sufficient cause for the revocation, suspension or | 12 | | cancellation of the
restricted driving permit. The Secretary | 13 | | of State may, as a condition to
the issuance of a restricted | 14 | | driving permit, require the applicant to
participate in a | 15 | | designated driver remedial or rehabilitative program. Any
| 16 | | conviction for a violation of this subsection shall be | 17 | | included as an
offense for the purposes of determining | 18 | | suspension action under any other
provision of this Code, | 19 | | provided however, that the penalties provided under
this | 20 | | subsection shall be imposed unless those penalties imposed | 21 | | under other
applicable provisions are greater.
| 22 | | (Source: P.A. 95-753, eff. 1-1-09.)
| 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text | 25 | | that is not yet or no longer in effect (for example, a Section |
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| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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