Full Text of HB2515 99th General Assembly
HB2515enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 1-124.5, 3-818, 6-500, 6-507, and 6-508.1 and by | 6 | | adding Section 1-124.3 as follows: | 7 | | (625 ILCS 5/1-124.3 new) | 8 | | Sec. 1-124.3. Gross Combination Weight Rating (GCWR). GCWR | 9 | | is the greater of: | 10 | | (1) a value specified by the manufacturer of the power | 11 | | unit, if such value is displayed on the Federal Motor | 12 | | Vehicle Safety Standard (FMVSS) certification label | 13 | | required by the National Highway Traffic Safety | 14 | | Administration; or | 15 | | (2) the sum of the gross vehicle weight ratings (GVWRs) | 16 | | or the gross vehicle weights (GVWs) of the power unit and | 17 | | the towed unit or units, or any combination thereof, that | 18 | | produces the highest value. Exception: The GCWR of the | 19 | | power unit will not be used to define a commercial motor | 20 | | vehicle when the power unit is not towing another vehicle.
| 21 | | (625 ILCS 5/1-124.5)
| 22 | | Sec. 1-124.5. Gross Vehicle Weight Rating (GVWR). The value |
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| 1 | | specified by
the manufacturer or manufacturers as the maximum | 2 | | loaded weight of a single
vehicle. The GVWR
of a combination of | 3 | | vehicles (commonly referred to as the "Gross Combination
Weight | 4 | | Rating" or GCWR) is the GVWR of the power unit plus the GVWR of | 5 | | the
towed unit or units. In the absence of a value specified by | 6 | | the manufacturer,
GCWR is determined by adding the GVWR of the | 7 | | power unit and the total
weight of the towed unit and any load | 8 | | on the unit.
| 9 | | (Source: P.A. 90-89, eff. 1-1-98.)
| 10 | | (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
| 11 | | Sec. 3-818. (a) Mileage weight tax option. Any owner of a | 12 | | vehicle of
the second division may elect to pay a mileage | 13 | | weight tax for such vehicle
in lieu of the flat weight tax set | 14 | | out in Section 3-815. Such election
shall be binding to the end | 15 | | of the registration year. Renewal of this
election must be | 16 | | filed with the Secretary of State on or before July 1
of each | 17 | | registration period. In such event the owner shall, at the time
| 18 | | of making such election, pay the $10 registration fee and the | 19 | | minimum
guaranteed mileage weight tax, as hereinafter | 20 | | provided, which payment
shall permit the owner to operate that | 21 | | vehicle the maximum mileage in
this State hereinafter set | 22 | | forth. Any vehicle being operated on
mileage plates cannot be | 23 | | operated outside of this State. In addition
thereto, the owner | 24 | | of that vehicle shall pay a mileage weight tax at the
following | 25 | | rates for each mile traveled in this State in excess of the
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| 1 | | maximum mileage provided under the minimum guaranteed basis:
| 2 | | BUS, TRUCK OR TRUCK TRACTOR
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3 | | |
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|
Maximum |
Mileage |
|
4 | | |
|
Minimum |
Mileage |
Weight Tax |
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5 | | |
|
Guaranteed |
Permitted |
for Mileage |
|
6 | | Gross Weight |
|
Mileage |
Under |
in excess of |
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7 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
|
8 | | Load |
Class |
Tax |
Tax |
Mileage |
|
9 | | 12,000 lbs. or less |
MD |
$73 |
5,000 |
26 Mills |
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10 | | 12,001 to 16,000 lbs. |
MF |
120 |
6,000 |
34 Mills |
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11 | | 16,001 to 20,000 lbs. |
MG |
180 |
6,000 |
46 Mills |
|
12 | | 20,001 to 24,000 lbs. |
MH |
235 |
6,000 |
63 Mills |
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13 | | 24,001 to 28,000 lbs. |
MJ |
315 |
7,000 |
63 Mills |
|
14 | | 28,001 to 32,000 lbs. |
MK |
385 |
7,000 |
83 Mills |
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15 | | 32,001 to 36,000 lbs. |
ML |
485 |
7,000 |
99 Mills |
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16 | | 36,001 to 40,000 lbs. |
MN |
615 |
7,000 |
128 Mills |
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17 | | 40,001 to 45,000 lbs. |
MP |
695 |
7,000 |
139 Mills |
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18 | | 45,001 to 54,999 lbs. |
MR |
853 |
7,000 |
156 Mills |
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19 | | 55,000 to 59,500 lbs. |
MS |
920 |
7,000 |
178 Mills |
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20 | | 59,501 to 64,000 lbs. |
MT |
985 |
7,000 |
195 Mills |
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21 | | 64,001 to 73,280 lbs. |
MV |
1,173 |
7,000 |
225 Mills |
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22 | | 73,281 to 77,000 lbs. |
MX |
1,328 |
7,000 |
258 Mills |
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23 | | 77,001 to 80,000 lbs. |
MZ |
1,415 |
7,000 |
275 Mills |
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24 | | TRAILER
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25 | | |
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Maximum |
Mileage |
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26 | | |
|
Minimum |
Mileage |
Weight Tax |
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| 1 | | |
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Guaranteed |
Permitted |
for Mileage |
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2 | | Gross Weight |
|
Mileage |
Under |
in excess of |
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3 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
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4 | | Load |
Class |
Tax |
Tax |
Mileage |
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5 | | 14,000 lbs. or less |
ME |
$75 |
5,000 |
31 Mills |
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6 | | 14,001 to 20,000 lbs. |
MF |
135 |
6,000 |
36 Mills |
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7 | | 20,001 to 36,000 lbs. |
ML |
540 |
7,000 |
103 Mills |
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8 | | 36,001 to 40,000 lbs. |
MM |
750 |
7,000 |
150 Mills |
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9 | | (a-1) A Special Hauling Vehicle is a vehicle or combination | 10 | | of vehicles of
the second
division registered under Section | 11 | | 3-813 transporting asphalt or concrete in the
plastic state or | 12 | | a vehicle or combination of vehicles that are subject to the
| 13 | | gross weight limitations in subsection (a) of Section 15-111 | 14 | | for which the
owner of the
vehicle or combination of vehicles | 15 | | has elected to pay, in addition to the
registration fee in | 16 | | subsection (a), $125 to the Secretary of State
for each
| 17 | | registration year. The Secretary shall designate this class of | 18 | | vehicle as
a Special Hauling Vehicle.
| 19 | | In preparing rate schedules on registration applications, | 20 | | the Secretary
of State shall add to the above rates, the $10 | 21 | | registration fee. The
Secretary may decline to accept any | 22 | | renewal filed after July 1st.
| 23 | | The number of axles necessary to carry the maximum load | 24 | | provided
shall be determined from Chapter 15 of this Code.
| 25 | | Every owner of a second division motor vehicle for which he | 26 | | has
elected to pay a mileage weight tax shall keep a daily |
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| 1 | | record upon forms
prescribed by the Secretary of State, showing | 2 | | the mileage covered by
that vehicle in this State. Such record | 3 | | shall contain the license number
of the vehicle and the miles | 4 | | traveled by the vehicle in this State for
each day of the | 5 | | calendar month. Such owner shall also maintain records
of fuel | 6 | | consumed by each such motor vehicle and fuel purchases | 7 | | therefor.
On or before the 10th day of July the owner
shall | 8 | | certify to the Secretary of State upon forms prescribed | 9 | | therefor,
summaries of his daily records which shall show the | 10 | | miles traveled by
the vehicle in this State during the | 11 | | preceding 12 months and such other
information as the Secretary | 12 | | of State may require. The daily record and
fuel records shall | 13 | | be filed, preserved and available for audit for a
period of 3 | 14 | | years. Any owner filing a return hereunder shall certify
that | 15 | | such return is a true, correct and complete return. Any person | 16 | | who
willfully makes a false return hereunder is guilty of | 17 | | perjury and shall
be punished in the same manner and to the | 18 | | same extent as is provided
therefor.
| 19 | | At the time of filing his return, each owner shall pay to | 20 | | the
Secretary of State the proper amount of tax at the rate | 21 | | herein imposed.
| 22 | | Every owner of a vehicle of the second division who elects | 23 | | to pay on
a mileage weight tax basis and who operates the | 24 | | vehicle within this
State, shall file with the Secretary of | 25 | | State a bond in the amount of
$500. The bond shall be in a form | 26 | | approved by the Secretary of State and with
a surety company
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| 1 | | approved by the Illinois Department of Insurance to transact
| 2 | | business in this State as surety, and shall be conditioned upon | 3 | | such
applicant's paying to the State of Illinois all money | 4 | | becoming
due by
reason of the operation of the second division | 5 | | vehicle in this State,
together with all penalties and interest | 6 | | thereon.
| 7 | | Upon notice from the Secretary that the registrant has | 8 | | failed to pay the
excess mileage fees, the surety shall | 9 | | immediately pay the fees together with
any penalties and | 10 | | interest thereon in an amount not to exceed the limits of the
| 11 | | bond.
| 12 | | (b) Beginning January 1, 2016, upon the request of the
| 13 | | vehicle owner, a $10 surcharge shall be collected in addition
| 14 | | to the above fees for vehicles in the 12,000 lbs. and less | 15 | | mileage
weight plate category as described in subsection (a) to | 16 | | be
deposited into the Secretary of State Special License Plate
| 17 | | Fund. The $10 surcharge is to identify vehicles in the 12,000
| 18 | | lbs. and less mileage weight plate category as a covered farm
| 19 | | vehicle. The $10 surcharge is an annual flat fee that shall be
| 20 | | based on an applicant's new or existing registration year for
| 21 | | each vehicle in the 12,000 lbs. and less mileage weight plate
| 22 | | category. A designation as a covered farm vehicle under this
| 23 | | subsection (b) shall not alter a vehicle's registration as a
| 24 | | registration in the 12,000 lbs. or less mileage weight | 25 | | category.
The Secretary shall adopt any rules necessary to | 26 | | implement this
subsection (b). |
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| 1 | | (Source: P.A. 97-201, eff. 1-1-12.)
| 2 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| 3 | | (Text of Section before amendment by P.A. 98-176 ) | 4 | | Sec. 6-500. Definitions of words and phrases. | 5 | | Notwithstanding the
definitions set forth elsewhere in this
| 6 | | Code, for purposes of the Uniform Commercial Driver's License | 7 | | Act
(UCDLA), the words and phrases listed below have the | 8 | | meanings
ascribed to them as follows:
| 9 | | (1) Alcohol. "Alcohol" means any substance containing any | 10 | | form of
alcohol, including but not limited to ethanol,
| 11 | | methanol,
propanol, and
isopropanol.
| 12 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 13 | | (A) the number of grams of alcohol per 210 liters of | 14 | | breath;
or
| 15 | | (B) the number of grams of alcohol per 100 milliliters | 16 | | of
blood; or
| 17 | | (C) the number of grams of alcohol per 67 milliliters | 18 | | of
urine.
| 19 | | Alcohol tests administered within 2 hours of the driver | 20 | | being
"stopped or detained" shall be considered that driver's | 21 | | "alcohol
concentration" for the purposes of enforcing this | 22 | | UCDLA.
| 23 | | (3) (Blank).
| 24 | | (4) (Blank).
| 25 | | (5) (Blank).
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| 1 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 2 | | electronic record of the individual CDL driver's status and | 3 | | history stored by the State-of-Record as part of the Commercial | 4 | | Driver's License Information System, or CDLIS, established | 5 | | under 49 U.S.C. 31309. | 6 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 7 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 8 | | driver record meeting the requirements for access to CDLIS | 9 | | information and provided by states to users authorized in 49 | 10 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 11 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 12 | | (5.7) Commercial driver's license downgrade. "Commercial | 13 | | driver's license downgrade" or "CDL downgrade" means either: | 14 | | (A) a state allows the driver to change his or her | 15 | | self-certification to interstate, but operating | 16 | | exclusively in transportation or operation excepted from | 17 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | 18 | | 391.2, 391.68, or 398.3; | 19 | | (B) a state allows the driver to change his or her | 20 | | self-certification to intrastate only, if the driver | 21 | | qualifies under that state's physical qualification | 22 | | requirements for intrastate only; | 23 | | (C) a state allows the driver to change his or her | 24 | | certification to intrastate, but operating exclusively in | 25 | | transportation or operations excepted from all or part of | 26 | | the state driver qualification requirements; or |
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| 1 | | (D) a state removes the CDL privilege from the driver | 2 | | license. | 3 | | (6) Commercial Motor Vehicle.
| 4 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 5 | | vehicle used in commerce, except those referred to in | 6 | | subdivision (B), designed
to transport passengers or | 7 | | property if:
| 8 | | (i) the vehicle has a GVWR of 26,001 pounds or more | 9 | | or such
a
lesser GVWR as subsequently determined by | 10 | | federal regulations or the Secretary
of State; or any
| 11 | | combination of vehicles with a GCWR of 26,001 pounds or | 12 | | more, provided the
GVWR of any vehicle or vehicles | 13 | | being towed is 10,001 pounds or more; or
| 14 | | (ii) the vehicle is designed to transport 16 or | 15 | | more
persons;
or
| 16 | | (iii) the vehicle is transporting hazardous | 17 | | materials and
is
required to
be placarded in accordance | 18 | | with 49 C.F.R. Part 172, subpart F.
| 19 | | (B) Pursuant to the interpretation of the Commercial | 20 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 21 | | Administration, the definition of
"commercial motor | 22 | | vehicle" does not include:
| 23 | | (i) recreational vehicles, when operated primarily | 24 | | for personal use;
| 25 | | (ii) vehicles owned by or operated under the | 26 | | direction of the United States Department of Defense or |
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| 1 | | the United States Coast Guard only when operated by
| 2 | | non-civilian personnel. This includes any operator on | 3 | | active military
duty; members of the Reserves; | 4 | | National Guard; personnel on part-time
training; and | 5 | | National Guard military technicians (civilians who are
| 6 | | required to wear military uniforms and are subject to | 7 | | the Code of Military
Justice); or
| 8 | | (iii) firefighting, police, and other emergency | 9 | | equipment (including, without limitation, equipment | 10 | | owned or operated by a HazMat or technical rescue team | 11 | | authorized by a county board under Section 5-1127 of | 12 | | the Counties Code), with audible and
visual signals, | 13 | | owned or operated
by or for a
governmental entity, | 14 | | which is necessary to the preservation of life or
| 15 | | property or the execution of emergency governmental | 16 | | functions which are
normally not subject to general | 17 | | traffic rules and regulations.
| 18 | | (7) Controlled Substance. "Controlled substance" shall | 19 | | have the same
meaning as defined in Section 102 of the Illinois | 20 | | Controlled Substances Act,
and shall also include cannabis as | 21 | | defined in Section 3 of the Cannabis Control
Act and | 22 | | methamphetamine as defined in Section 10 of the Methamphetamine | 23 | | Control and Community Protection Act.
| 24 | | (8) Conviction. "Conviction" means an unvacated | 25 | | adjudication of guilt
or a determination that a person has | 26 | | violated or failed to comply with the
law in a court of |
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| 1 | | original jurisdiction or by an authorized administrative
| 2 | | tribunal; an unvacated forfeiture of bail or collateral | 3 | | deposited to secure
the person's appearance in court; a plea of | 4 | | guilty or nolo contendere accepted by the court; the payment of | 5 | | a fine or court cost
regardless of whether the imposition of | 6 | | sentence is deferred and ultimately
a judgment dismissing the | 7 | | underlying charge is entered; or a violation of a
condition of | 8 | | release without bail, regardless of whether or not the penalty
| 9 | | is rebated, suspended or probated.
| 10 | | (8.5) Day. "Day" means calendar day.
| 11 | | (9) (Blank).
| 12 | | (10) (Blank).
| 13 | | (11) (Blank).
| 14 | | (12) (Blank).
| 15 | | (13) Driver. "Driver" means any person who drives, | 16 | | operates, or is in
physical control of a commercial motor | 17 | | vehicle, any person who is required to hold a
CDL, or any | 18 | | person who is a holder of a CDL while operating a | 19 | | non-commercial motor vehicle.
| 20 | | (13.5) Driver applicant. "Driver applicant" means an | 21 | | individual who applies to a state to obtain, transfer, upgrade, | 22 | | or renew a CDL.
| 23 | | (13.8) Electronic device. "Electronic device" includes, | 24 | | but is not limited to, a cellular telephone, personal digital | 25 | | assistant, pager, computer, or any other device used to input, | 26 | | write, send, receive, or read text. |
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| 1 | | (14) Employee. "Employee" means a person who is employed as | 2 | | a
commercial
motor vehicle driver. A person who is | 3 | | self-employed as a commercial motor
vehicle driver must comply | 4 | | with the requirements of this UCDLA
pertaining to employees. An
| 5 | | owner-operator on a long-term lease shall be considered an | 6 | | employee.
| 7 | | (15) Employer. "Employer" means a person (including the | 8 | | United
States, a State or a local authority) who owns or leases | 9 | | a commercial motor
vehicle or assigns employees to operate such | 10 | | a vehicle. A person who is
self-employed as a commercial motor | 11 | | vehicle driver must
comply with the requirements of this UCDLA.
| 12 | | (15.3) Excepted interstate. "Excepted interstate" means a | 13 | | person who operates or expects to operate in interstate | 14 | | commerce, but engages exclusively in transportation or | 15 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | 16 | | 398.3 from all or part of the qualification requirements of 49 | 17 | | C.F.R. Part 391 and is not required to obtain a medical | 18 | | examiner's certificate by 49 C.F.R. 391.45. | 19 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 20 | | person who operates in intrastate commerce but engages | 21 | | exclusively in transportation or operations excepted from all | 22 | | or parts of the state driver qualification requirements. | 23 | | (16) (Blank).
| 24 | | (16.5) Fatality. "Fatality" means the death of a person as | 25 | | a result of a motor vehicle accident.
| 26 | | (16.7) Foreign commercial driver. "Foreign commercial |
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| 1 | | driver" means a person licensed to operate a commercial motor | 2 | | vehicle by an authority outside the United States, or a citizen | 3 | | of a foreign country who operates a commercial motor vehicle in | 4 | | the United States. | 5 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 6 | | sovereign
jurisdiction that does not fall within the definition | 7 | | of "State".
| 8 | | (18) (Blank).
| 9 | | (19) (Blank).
| 10 | | (20) Hazardous materials. "Hazardous Material" means any | 11 | | material that has been designated under 49 U.S.C.
5103 and is | 12 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 13 | | or any quantity of a material listed as a select agent or toxin | 14 | | in 42 C.F.R. part 73.
| 15 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 16 | | existence of any condition of a vehicle, employee, or | 17 | | commercial motor vehicle operations that substantially | 18 | | increases the likelihood of serious injury or death if not | 19 | | discontinued immediately; or a condition relating to hazardous | 20 | | material that presents a substantial likelihood that death, | 21 | | serious illness, severe personal injury, or a substantial | 22 | | endangerment to health, property, or the environment may occur | 23 | | before the reasonably foreseeable completion date of a formal | 24 | | proceeding begun to lessen the risk of that death, illness, | 25 | | injury or endangerment.
| 26 | | (21) Long-term lease. "Long-term lease" means a lease of a |
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| 1 | | commercial
motor vehicle by the owner-lessor to a lessee, for a | 2 | | period of more than 29
days.
| 3 | | (21.1) Medical examiner. "Medical examiner" means an | 4 | | individual certified by the Federal Motor Carrier Safety | 5 | | Administration and listed on the National Registry of Certified | 6 | | Medical Examiners in accordance with Federal Motor Carrier | 7 | | Safety Regulations, 49 CFR 390.101 et seq. | 8 | | (21.2) Medical examiner's certificate. "Medical examiner's | 9 | | certificate" means a document prescribed or approved by the | 10 | | Secretary of State that is issued by a medical examiner to a | 11 | | driver to medically qualify him or her to drive. | 12 | | (21.5) Medical variance. "Medical variance" means a driver | 13 | | has received one of the following from the Federal Motor | 14 | | Carrier Safety Administration which allows the driver to be | 15 | | issued a medical certificate: (1) an exemption letter | 16 | | permitting operation of a commercial motor vehicle pursuant to | 17 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 18 | | skill performance evaluation (SPE) certificate permitting | 19 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 20 | | 391.49. | 21 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile | 22 | | communication device that falls under or uses any commercial | 23 | | mobile radio service, as defined in regulations of the Federal | 24 | | Communications Commission, 47 CFR 20.3. It does not include | 25 | | two-way or citizens band radio services. | 26 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
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| 1 | | which is self-propelled, and every vehicle which is propelled | 2 | | by electric
power obtained from over head trolley wires but not | 3 | | operated upon rails,
except vehicles moved solely by human | 4 | | power and motorized wheel chairs.
| 5 | | (22.2) Motor vehicle record. "Motor vehicle record" means a | 6 | | report of the driving status and history of a driver generated | 7 | | from the driver record provided to users, such as drivers or | 8 | | employers, and is subject to the provisions of the Driver | 9 | | Privacy Protection Act, 18 U.S.C. 2721-2725. | 10 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 11 | | combination of motor vehicles not defined by the term | 12 | | "commercial motor vehicle" or "CMV" in this Section.
| 13 | | (22.7) Non-excepted interstate. "Non-excepted interstate" | 14 | | means a person who operates or expects to operate in interstate | 15 | | commerce, is subject to and meets the qualification | 16 | | requirements under 49 C.F.R. Part 391, and is required to | 17 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 18 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 19 | | means a person who operates only in intrastate commerce and is | 20 | | subject to State driver qualification requirements. | 21 | | (23) Non-resident CDL. "Non-resident CDL" means a | 22 | | commercial driver's
license issued by a state under either of | 23 | | 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 include | 17 | | 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 CDL,
| 22 | | of:
| 23 | | (i) a violation relating to excessive speeding,
| 24 | | involving a single speeding charge of 15 miles per hour | 25 | | or more above the
legal speed limit; or
| 26 | | (ii) a violation relating to reckless driving; or
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| 1 | | (iii) a violation of any State law or local | 2 | | ordinance relating to motor
vehicle traffic control | 3 | | (other than parking violations) arising in
connection | 4 | | with a fatal traffic accident; or
| 5 | | (iv) a violation of Section 6-501, relating to | 6 | | having multiple driver's
licenses; or
| 7 | | (v) a violation of paragraph (a) of Section 6-507, | 8 | | relating to the
requirement to have a valid CDL; or
| 9 | | (vi) a violation relating to improper or erratic | 10 | | traffic lane changes;
or
| 11 | | (vii) a violation relating to following another | 12 | | vehicle too closely; or
| 13 | | (viii) a violation relating to texting while | 14 | | driving; or | 15 | | (ix) a violation relating to the use of a hand-held | 16 | | mobile telephone while driving; or | 17 | | (B) any other similar violation of a law or local
| 18 | | ordinance of any state relating to motor vehicle traffic | 19 | | control, other
than a parking violation, which the | 20 | | Secretary of State determines by
administrative rule to be | 21 | | serious.
| 22 | | (27) State. "State" means a state of the United States, the | 23 | | District of
Columbia and any province or territory of Canada.
| 24 | | (28) (Blank).
| 25 | | (29) (Blank).
| 26 | | (30) (Blank).
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| 1 | | (31) (Blank).
| 2 | | (32) Texting. "Texting" means manually entering | 3 | | alphanumeric text into, or reading text from, an electronic | 4 | | device. | 5 | | (1) Texting includes, but is not limited to, short | 6 | | message service, emailing, instant messaging, a command or | 7 | | request to access a World Wide Web page, pressing more than | 8 | | a single button to initiate or terminate a voice | 9 | | communication using a mobile telephone, or engaging in any | 10 | | other form of electronic text retrieval or entry for | 11 | | present or future communication. | 12 | | (2) Texting does not include: | 13 | | (i) inputting, selecting, or reading information | 14 | | on a global positioning system or navigation system; or | 15 | | (ii) pressing a single button to initiate or | 16 | | terminate a voice communication using a mobile | 17 | | telephone; or | 18 | | (iii) using a device capable of performing | 19 | | multiple functions (for example, a fleet management | 20 | | system, dispatching device, smart phone, citizens band | 21 | | radio, or music player) for a purpose that is not | 22 | | otherwise prohibited by Part 392 of the Federal Motor | 23 | | Carrier Safety Regulations. | 24 | | (33) Use a hand-held mobile telephone. "Use a hand-held | 25 | | mobile telephone" means: | 26 | | (1) using at least one hand to hold a mobile telephone |
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| 1 | | to conduct a voice communication; | 2 | | (2) dialing or answering a mobile telephone by pressing | 3 | | more than a single button; or | 4 | | (3) reaching for a mobile telephone in a manner that | 5 | | requires a driver to maneuver so that he or she is no | 6 | | longer in a seated driving position, restrained by a seat | 7 | | belt that is installed in accordance with 49 CFR 393.93 and | 8 | | adjusted in accordance with the vehicle manufacturer's | 9 | | instructions. | 10 | | (Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | 11 | | eff. 1-1-13; 98-463, eff. 8-16-13; 98-722, eff. 7-16-14.) | 12 | | (Text of Section after amendment by P.A. 98-176 ) | 13 | | Sec. 6-500. Definitions of words and phrases. | 14 | | Notwithstanding the
definitions set forth elsewhere in this
| 15 | | Code, for purposes of the Uniform Commercial Driver's License | 16 | | Act
(UCDLA), the words and phrases listed below have the | 17 | | meanings
ascribed to them as follows:
| 18 | | (1) Alcohol. "Alcohol" means any substance containing any | 19 | | form of
alcohol, including but not limited to ethanol,
| 20 | | methanol,
propanol, and
isopropanol.
| 21 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 22 | | (A) the number of grams of alcohol per 210 liters of | 23 | | breath;
or
| 24 | | (B) the number of grams of alcohol per 100 milliliters | 25 | | of
blood; or
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| 1 | | (C) the number of grams of alcohol per 67 milliliters | 2 | | of
urine.
| 3 | | Alcohol tests administered within 2 hours of the driver | 4 | | being
"stopped or detained" shall be considered that driver's | 5 | | "alcohol
concentration" for the purposes of enforcing this | 6 | | UCDLA.
| 7 | | (3) (Blank).
| 8 | | (4) (Blank).
| 9 | | (5) (Blank).
| 10 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 11 | | electronic record of the individual CDL driver's status and | 12 | | history stored by the State-of-Record as part of the Commercial | 13 | | Driver's License Information System, or CDLIS, established | 14 | | under 49 U.S.C. 31309. | 15 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 16 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 17 | | driver record meeting the requirements for access to CDLIS | 18 | | information and provided by states to users authorized in 49 | 19 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 20 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 21 | | (5.7) Commercial driver's license downgrade. "Commercial | 22 | | driver's license downgrade" or "CDL downgrade" means either: | 23 | | (A) a state allows the driver to change his or her | 24 | | self-certification to interstate, but operating | 25 | | exclusively in transportation or operation excepted from | 26 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
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| 1 | | 391.2, 391.68, or 398.3; | 2 | | (B) a state allows the driver to change his or her | 3 | | self-certification to intrastate only, if the driver | 4 | | qualifies under that state's physical qualification | 5 | | requirements for intrastate only; | 6 | | (C) a state allows the driver to change his or her | 7 | | certification to intrastate, but operating exclusively in | 8 | | transportation or operations excepted from all or part of | 9 | | the state driver qualification requirements; or | 10 | | (D) a state removes the CDL privilege from the driver | 11 | | license. | 12 | | (6) Commercial Motor Vehicle.
| 13 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 14 | | vehicle or combination of motor vehicles used in commerce, | 15 | | except those referred to in subdivision (B), designed
to | 16 | | transport passengers or property if the motor vehicle:
| 17 | | (i) has a gross combination weight rating or gross | 18 | | combination weight of 11,794 kilograms or more (26,001 | 19 | | pounds or more), whichever is greater, inclusive of any | 20 | | towed unit with a gross vehicle weight rating or
gross | 21 | | vehicle weight of more than 4,536 kilograms (10,000 | 22 | | pounds), whichever is greater; or
| 23 | | (i-5) has a gross vehicle weight rating or gross | 24 | | vehicle weight of 11,794 or more kilograms (26,001 | 25 | | pounds or more), whichever is greater; or | 26 | | (ii) is designed to transport 16 or more
persons, |
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| 1 | | including the driver;
or
| 2 | | (iii) is of any size and is used in transporting | 3 | | hazardous materials as defined in 49 C.F.R. 383.5.
| 4 | | (B) Pursuant to the interpretation of the Commercial | 5 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | 6 | | Administration, the definition of
"commercial motor | 7 | | vehicle" does not include:
| 8 | | (i) recreational vehicles, when operated primarily | 9 | | for personal use;
| 10 | | (ii) vehicles owned by or operated under the | 11 | | direction of the United States Department of Defense or | 12 | | the United States Coast Guard only when operated by
| 13 | | non-civilian personnel. This includes any operator on | 14 | | active military
duty; members of the Reserves; | 15 | | National Guard; personnel on part-time
training; and | 16 | | National Guard military technicians (civilians who are
| 17 | | required to wear military uniforms and are subject to | 18 | | the Code of Military
Justice); or
| 19 | | (iii) firefighting, police, and other emergency | 20 | | equipment (including, without limitation, equipment | 21 | | owned or operated by a HazMat or technical rescue team | 22 | | authorized by a county board under Section 5-1127 of | 23 | | the Counties Code), with audible and
visual signals, | 24 | | owned or operated
by or for a
governmental entity, | 25 | | which is necessary to the preservation of life or
| 26 | | property or the execution of emergency governmental |
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| 1 | | functions which are
normally not subject to general | 2 | | traffic rules and regulations.
| 3 | | (7) Controlled Substance. "Controlled substance" shall | 4 | | have the same
meaning as defined in Section 102 of the Illinois | 5 | | Controlled Substances Act,
and shall also include cannabis as | 6 | | defined in Section 3 of the Cannabis Control
Act and | 7 | | methamphetamine as defined in Section 10 of the Methamphetamine | 8 | | Control and Community Protection Act.
| 9 | | (8) Conviction. "Conviction" means an unvacated | 10 | | adjudication of guilt
or a determination that a person has | 11 | | violated or failed to comply with the
law in a court of | 12 | | original jurisdiction or by an authorized administrative
| 13 | | tribunal; an unvacated forfeiture of bail or collateral | 14 | | deposited to secure
the person's appearance in court; a plea of | 15 | | guilty or nolo contendere accepted by the court; the payment of | 16 | | a fine or court cost
regardless of whether the imposition of | 17 | | sentence is deferred and ultimately
a judgment dismissing the | 18 | | underlying charge is entered; or a violation of a
condition of | 19 | | release without bail, regardless of whether or not the penalty
| 20 | | is rebated, suspended or probated.
| 21 | | (8.5) Day. "Day" means calendar day.
| 22 | | (9) (Blank).
| 23 | | (10) (Blank).
| 24 | | (11) (Blank).
| 25 | | (12) (Blank).
| 26 | | (13) Driver. "Driver" means any person who drives, |
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| 1 | | operates, or is in
physical control of a commercial motor | 2 | | vehicle, any person who is required to hold a
CDL, or any | 3 | | person who is a holder of a CDL while operating a | 4 | | non-commercial motor vehicle.
| 5 | | (13.5) Driver applicant. "Driver applicant" means an | 6 | | individual who applies to a state or other jurisdiction to | 7 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | 8 | | a CLP.
| 9 | | (13.8) Electronic device. "Electronic device" includes, | 10 | | but is not limited to, a cellular telephone, personal digital | 11 | | assistant, pager, computer, or any other device used to input, | 12 | | write, send, receive, or read text. | 13 | | (14) Employee. "Employee" means a person who is employed as | 14 | | a
commercial
motor vehicle driver. A person who is | 15 | | self-employed as a commercial motor
vehicle driver must comply | 16 | | with the requirements of this UCDLA
pertaining to employees. An
| 17 | | owner-operator on a long-term lease shall be considered an | 18 | | employee.
| 19 | | (15) Employer. "Employer" means a person (including the | 20 | | United
States, a State or a local authority) who owns or leases | 21 | | a commercial motor
vehicle or assigns employees to operate such | 22 | | a vehicle. A person who is
self-employed as a commercial motor | 23 | | vehicle driver must
comply with the requirements of this UCDLA.
| 24 | | (15.1) Endorsement. "Endorsement" means an authorization | 25 | | to an individual's CLP or CDL required to permit the individual | 26 | | to operate certain types of commercial motor vehicles. |
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| 1 | | (15.3) Excepted interstate. "Excepted interstate" means a | 2 | | person who operates or expects to operate in interstate | 3 | | commerce, but engages exclusively in transportation or | 4 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | 5 | | 398.3 from all or part of the qualification requirements of 49 | 6 | | C.F.R. Part 391 and is not required to obtain a medical | 7 | | examiner's certificate by 49 C.F.R. 391.45. | 8 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 9 | | person who operates in intrastate commerce but engages | 10 | | exclusively in transportation or operations excepted from all | 11 | | or parts of the state driver qualification requirements. | 12 | | (16) (Blank).
| 13 | | (16.5) Fatality. "Fatality" means the death of a person as | 14 | | a result of a motor vehicle accident.
| 15 | | (16.7) Foreign commercial driver. "Foreign commercial | 16 | | driver" means a person licensed to operate a commercial motor | 17 | | vehicle by an authority outside the United States, or a citizen | 18 | | of a foreign country who operates a commercial motor vehicle in | 19 | | the United States. | 20 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 21 | | sovereign
jurisdiction that does not fall within the definition | 22 | | of "State".
| 23 | | (18) (Blank).
| 24 | | (19) (Blank).
| 25 | | (20) Hazardous materials. "Hazardous Material" means any | 26 | | material that has been designated under 49 U.S.C.
5103 and is |
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| 1 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 2 | | or any quantity of a material listed as a select agent or toxin | 3 | | in 42 C.F.R. part 73.
| 4 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 5 | | existence of any condition of a vehicle, employee, or | 6 | | commercial motor vehicle operations that substantially | 7 | | increases the likelihood of serious injury or death if not | 8 | | discontinued immediately; or a condition relating to hazardous | 9 | | material that presents a substantial likelihood that death, | 10 | | serious illness, severe personal injury, or a substantial | 11 | | endangerment to health, property, or the environment may occur | 12 | | before the reasonably foreseeable completion date of a formal | 13 | | proceeding begun to lessen the risk of that death, illness, | 14 | | injury or endangerment.
| 15 | | (20.6) Issuance. "Issuance" means initial issuance, | 16 | | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | 17 | | CLP or CDL. | 18 | | (20.7) Issue. "Issue" means initial issuance, transfer, | 19 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | 20 | | non-domiciled CDL. | 21 | | (21) Long-term lease. "Long-term lease" means a lease of a | 22 | | commercial
motor vehicle by the owner-lessor to a lessee, for a | 23 | | period of more than 29
days.
| 24 | | (21.01) Manual transmission. "Manual transmission" means a | 25 | | transmission utilizing a driver-operated clutch that is | 26 | | activated by a pedal or lever and a gear-shift mechanism |
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| 1 | | operated either by hand or foot including those known as a | 2 | | stick shift, stick, straight drive, or standard transmission. | 3 | | All other transmissions, whether semi-automatic or automatic, | 4 | | shall be considered automatic for the purposes of the | 5 | | standardized restriction code. | 6 | | (21.1) Medical examiner. "Medical examiner" means an | 7 | | individual certified by the Federal Motor Carrier Safety | 8 | | Administration and listed on the National Registry of Certified | 9 | | Medical Examiners in accordance with Federal Motor Carrier | 10 | | Safety Regulations, 49 CFR 390.101 et seq. | 11 | | (21.2) Medical examiner's certificate. "Medical examiner's | 12 | | certificate" means a document prescribed or approved by the | 13 | | Secretary of State that is issued by a medical examiner to a | 14 | | driver to medically qualify him or her to drive. | 15 | | (21.5) Medical variance. "Medical variance" means a driver | 16 | | has received one of the following from the Federal Motor | 17 | | Carrier Safety Administration which allows the driver to be | 18 | | issued a medical certificate: (1) an exemption letter | 19 | | permitting operation of a commercial motor vehicle pursuant to | 20 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 21 | | skill performance evaluation (SPE) certificate permitting | 22 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 23 | | 391.49. | 24 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile | 25 | | communication device that falls under or uses any commercial | 26 | | mobile radio service, as defined in regulations of the Federal |
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| 1 | | Communications Commission, 47 CFR 20.3. It does not include | 2 | | two-way or citizens band radio services. | 3 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 4 | | which is self-propelled, and every vehicle which is propelled | 5 | | by electric
power obtained from over head trolley wires but not | 6 | | operated upon rails,
except vehicles moved solely by human | 7 | | power and motorized wheel chairs.
| 8 | | (22.2) Motor vehicle record. "Motor vehicle record" means a | 9 | | report of the driving status and history of a driver generated | 10 | | from the driver record provided to users, such as drivers or | 11 | | employers, and is subject to the provisions of the Driver | 12 | | Privacy Protection Act, 18 U.S.C. 2721-2725. | 13 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 14 | | combination of motor vehicles not defined by the term | 15 | | "commercial motor vehicle" or "CMV" in this Section.
| 16 | | (22.7) Non-excepted interstate. "Non-excepted interstate" | 17 | | means a person who operates or expects to operate in interstate | 18 | | commerce, is subject to and meets the qualification | 19 | | requirements under 49 C.F.R. Part 391, and is required to | 20 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 21 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 22 | | means a person who operates only in intrastate commerce and is | 23 | | subject to State driver qualification requirements. | 24 | | (23) Non-domiciled CLP or Non-domiciled CDL. | 25 | | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | 26 | | respectively, issued by a state or other jurisdiction under |
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| 1 | | either of the following two conditions: | 2 | | (i) to an individual domiciled in a foreign country | 3 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | 4 | | of the Federal Motor Carrier Safety Administration.
| 5 | | (ii) to an individual domiciled in another state | 6 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | 7 | | of the Federal Motor Carrier Safety Administration.
| 8 | | (24) (Blank).
| 9 | | (25) (Blank).
| 10 | | (25.5) Railroad-Highway Grade Crossing Violation. | 11 | | "Railroad-highway
grade
crossing violation" means a
violation, | 12 | | while operating a commercial motor vehicle, of
any
of the | 13 | | following:
| 14 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| 15 | | (B) Any other similar
law or local ordinance of any | 16 | | state relating to
railroad-highway grade crossing.
| 17 | | (25.7) School Bus. "School bus" means a commercial motor | 18 | | vehicle used to transport pre-primary, primary, or secondary | 19 | | school students from home to school, from school to home, or to | 20 | | and from school-sponsored events. "School bus" does not include | 21 | | a bus used as a common carrier.
| 22 | | (26) Serious Traffic Violation. "Serious traffic | 23 | | violation"
means:
| 24 | | (A) a conviction when operating a commercial motor | 25 | | vehicle, or when operating a non-CMV while holding a CLP or | 26 | | CDL,
of:
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| 1 | | (i) a violation relating to excessive speeding,
| 2 | | involving a single speeding charge of 15 miles per hour | 3 | | or more above the
legal speed limit; or
| 4 | | (ii) a violation relating to reckless driving; or
| 5 | | (iii) a violation of any State law or local | 6 | | ordinance relating to motor
vehicle traffic control | 7 | | (other than parking violations) arising in
connection | 8 | | with a fatal traffic accident; or
| 9 | | (iv) a violation of Section 6-501, relating to | 10 | | having multiple driver's
licenses; or
| 11 | | (v) a violation of paragraph (a) of Section 6-507, | 12 | | relating to the
requirement to have a valid CLP or CDL; | 13 | | or
| 14 | | (vi) a violation relating to improper or erratic | 15 | | traffic lane changes;
or
| 16 | | (vii) a violation relating to following another | 17 | | vehicle too closely; or
| 18 | | (viii) a violation relating to texting while | 19 | | driving; or | 20 | | (ix) a violation relating to the use of a hand-held | 21 | | mobile telephone while driving; or | 22 | | (B) any other similar violation of a law or local
| 23 | | ordinance of any state relating to motor vehicle traffic | 24 | | control, other
than a parking violation, which the | 25 | | Secretary of State determines by
administrative rule to be | 26 | | serious.
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| 1 | | (27) State. "State" means a state of the United States, the | 2 | | District of
Columbia and any province or territory of Canada.
| 3 | | (28) (Blank).
| 4 | | (29) (Blank).
| 5 | | (30) (Blank).
| 6 | | (31) (Blank).
| 7 | | (32) Texting. "Texting" means manually entering | 8 | | alphanumeric text into, or reading text from, an electronic | 9 | | device. | 10 | | (1) Texting includes, but is not limited to, short | 11 | | message service, emailing, instant messaging, a command or | 12 | | request to access a World Wide Web page, pressing more than | 13 | | a single button to initiate or terminate a voice | 14 | | communication using a mobile telephone, or engaging in any | 15 | | other form of electronic text retrieval or entry for | 16 | | present or future communication. | 17 | | (2) Texting does not include: | 18 | | (i) inputting, selecting, or reading information | 19 | | on a global positioning system or navigation system; or | 20 | | (ii) pressing a single button to initiate or | 21 | | terminate a voice communication using a mobile | 22 | | telephone; or | 23 | | (iii) using a device capable of performing | 24 | | multiple functions (for example, a fleet management | 25 | | system, dispatching device, smart phone, citizens band | 26 | | radio, or music player) for a purpose that is not |
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| 1 | | otherwise prohibited by Part 392 of the Federal Motor | 2 | | Carrier Safety Regulations. | 3 | | (32.3) Third party skills test examiner. "Third party | 4 | | skills test examiner" means a person employed by a third party | 5 | | tester who is authorized by the State to administer the CDL | 6 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | 7 | | (32.5) Third party tester. "Third party tester" means a | 8 | | person (including, but not limited to, another state, a motor | 9 | | carrier, a private driver training facility or other private | 10 | | institution, or a department, agency, or instrumentality of a | 11 | | local government) authorized by the State to employ skills test | 12 | | examiners to administer the CDL skills tests specified in 49 | 13 | | C.F.R. Part 383, subparts G and H. | 14 | | (32.7) United States. "United States" means the 50 states | 15 | | and the District of Columbia. | 16 | | (33) Use a hand-held mobile telephone. "Use a hand-held | 17 | | mobile telephone" means: | 18 | | (1) using at least one hand to hold a mobile telephone | 19 | | to conduct a voice communication; | 20 | | (2) dialing or answering a mobile telephone by pressing | 21 | | more than a single button; or | 22 | | (3) reaching for a mobile telephone in a manner that | 23 | | requires a driver to maneuver so that he or she is no | 24 | | longer in a seated driving position, restrained by a seat | 25 | | belt that is installed in accordance with 49 CFR 393.93 and | 26 | | adjusted in accordance with the vehicle manufacturer's |
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| 1 | | instructions. | 2 | | (Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | 3 | | eff. 1-1-13; 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 | 4 | | for the effective date of changes made by P.A. 98-176); 98-463, | 5 | | eff. 8-16-13; 98-722, eff. 7-16-14.)
| 6 | | (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| 7 | | (Text of Section before amendment by P.A. 98-176 )
| 8 | | Sec. 6-507. Commercial Driver's License (CDL) Required.
| 9 | | (a) Except as expressly permitted by this UCDLA, or when | 10 | | driving
pursuant to the issuance of a commercial driver | 11 | | instruction permit and
accompanied by the holder of a CDL valid | 12 | | for the vehicle being driven; no
person shall drive a | 13 | | commercial motor vehicle on the highways without: | 14 | | (1) a CDL in the driver's possession; | 15 | | (2) having obtained a CDL; | 16 | | (3) the proper class of CDL or endorsements or both for | 17 | | the specific vehicle group being operated or for the | 18 | | passengers or type of cargo being transported; or
| 19 | | (4) a copy of a medical variance document, if one | 20 | | exists, such as an exemption letter or a skill performance | 21 | | evaluation certificate. | 22 | | (b) Except as otherwise provided by this Code, no person | 23 | | may drive a
commercial motor vehicle on the highways while such | 24 | | person's driving
privilege, license, or permit is:
| 25 | | (1) Suspended, revoked, cancelled, or subject to
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| 1 | | disqualification. Any person convicted of violating this | 2 | | provision or a
similar provision of this or any other state | 3 | | shall have their driving
privileges revoked under | 4 | | paragraph 12 of subsection (a) of Section 6-205 of
this | 5 | | Code.
| 6 | | (2) Subject to or in violation of an "out-of-service"
| 7 | | order. Any person who has been issued a CDL and is | 8 | | convicted of violating
this provision or a similar | 9 | | provision of any other state shall be disqualified
from | 10 | | operating a commercial motor vehicle under subsection (i) | 11 | | of Section 6-514
of this Code.
| 12 | | (3) Subject to or in violation of a driver or vehicle | 13 | | "out of service" order while operating a vehicle designed | 14 | | to transport 16 or more passengers, including the driver, | 15 | | or transporting hazardous materials required to be | 16 | | placarded. Any person who has been
issued a CDL and is | 17 | | convicted of violating this provision or a similar
| 18 | | provision of this or any other state shall be disqualified | 19 | | from operating a
commercial motor vehicle under subsection | 20 | | (i) of Section 6-514 of this Code.
| 21 | | (b-3) Except as otherwise provided by this Code, no person | 22 | | may drive a commercial motor vehicle on the highways during a | 23 | | period which the commercial motor vehicle or the motor carrier | 24 | | operation is subject to an "out-of-service" order. Any person | 25 | | who is convicted of violating this provision or a similar | 26 | | provision of any other state shall be disqualified from |
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| 1 | | operating a commercial motor vehicle under subsection (i) of | 2 | | Section 6-514 of this Code. | 3 | | (b-5) Except as otherwise provided by this Code, no person | 4 | | may operate a vehicle designed to transport 16 or more | 5 | | passengers including the driver or hazardous materials of a | 6 | | type or quantity that requires the vehicle to be placarded | 7 | | during a period in which the commercial motor vehicle or the | 8 | | motor carrier operation is subject to an "out-of-service" | 9 | | order. Any person who is convicted of violating this provision | 10 | | or a similar provision of any other state shall be disqualified | 11 | | from operating a commercial motor vehicle under subsection (i) | 12 | | of Section 6-514 of this Code.
| 13 | | (c) Pursuant to the options provided to the States by FHWA | 14 | | Docket No.
MC-88-8, the driver of any motor vehicle controlled | 15 | | or operated by or for a
farmer is waived from the requirements | 16 | | of this Section, when such motor
vehicle is being used to | 17 | | transport: agricultural products; implements of
husbandry; or | 18 | | farm supplies; to and from a farm, as long as such movement is | 19 | | not over 150 air
miles from the originating farm. This waiver | 20 | | does not apply to
the driver of any motor vehicle
being used in | 21 | | a common or contract carrier type operation.
However, for those | 22 | | drivers of any truck-tractor
semitrailer combination or | 23 | | combinations registered under subsection (c) of
Section 3-815 | 24 | | of this Code, this waiver shall apply only when the
driver is a | 25 | | farmer or a member of the farmer's family and the driver is 21
| 26 | | years
of age or more and has successfully completed any
tests |
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| 1 | | the Secretary of State deems necessary.
| 2 | | In addition, the farmer or a member of the farmer's family | 3 | | who operates a
truck-tractor semitrailer combination or | 4 | | combinations pursuant to this waiver
shall be granted all of | 5 | | the rights and shall be subject to all of the duties
and | 6 | | restrictions with respect to Sections 6-514 and 6-515 of this | 7 | | Code
applicable to the driver who possesses a commercial | 8 | | driver's license issued
under this Code, except that the driver | 9 | | shall not be subject to any additional
duties or restrictions | 10 | | contained
in Part 382 of the Federal Motor Carrier Safety | 11 | | Regulations that are
not otherwise imposed under Section 6-514 | 12 | | or 6-515 of this Code.
| 13 | | For purposes of this subsection (c), a member of the | 14 | | farmer's family is a
natural or in-law spouse, child, parent, | 15 | | or sibling.
| 16 | | (c-5) An employee of a township or road district with a | 17 | | population of
less
than 3,000 operating a vehicle within the | 18 | | boundaries of the township or road
district for the purpose of | 19 | | removing snow or ice from a roadway by plowing,
sanding, or | 20 | | salting is waived from the requirements of this Section when | 21 | | the
employee is needed to operate the vehicle because the | 22 | | employee of the township
or road district who ordinarily | 23 | | operates the vehicle and who has a commercial
driver's license | 24 | | is unable to operate the vehicle or is in need of additional
| 25 | | assistance due to a snow emergency.
| 26 | | (c-10) A driver of a commercial motor vehicle used |
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| 1 | | primarily in the transportation of propane winter heating fuel | 2 | | or a driver of a motor vehicle used to respond to a pipeline | 3 | | emergency is waived from the requirements of this Section if | 4 | | such requirements would prevent the driver from responding to | 5 | | an emergency condition requiring immediate response as defined | 6 | | in 49 C.F.R. Part 390.5. | 7 | | (d) Any person convicted of violating this Section, shall | 8 | | be guilty of a
Class A misdemeanor.
| 9 | | (e) Any person convicted of violating paragraph (1) of | 10 | | subsection (b) of this Section,
shall have all driving | 11 | | privileges revoked by the Secretary of State.
| 12 | | (f) This Section shall not apply to:
| 13 | | (1) A person who currently holds a valid Illinois | 14 | | driver's license,
for the type of vehicle being operated, | 15 | | until the expiration of such
license or April 1, 1992, | 16 | | whichever is earlier; or
| 17 | | (2) A non-Illinois domiciliary who is properly | 18 | | licensed in another
State, until April 1, 1992. A | 19 | | non-Illinois domiciliary, if such
domiciliary is properly | 20 | | licensed in another State or foreign jurisdiction,
until | 21 | | April 1, 1992.
| 22 | | (Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229, | 23 | | eff. 7-28-11; 97-813, eff. 7-13-12.)
| 24 | | (Text of Section after amendment by P.A. 98-176 )
| 25 | | Sec. 6-507. Commercial Driver's License (CDL) or |
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| 1 | | Commercial Learner's Permit (CLP) Required.
| 2 | | (a) Except as expressly permitted by this UCDLA, or when | 3 | | driving
pursuant to the issuance of a commercial learner's | 4 | | permit and
accompanied by the holder of a CDL valid for the | 5 | | vehicle being driven; no
person shall drive a commercial motor | 6 | | vehicle on the highways without: | 7 | | (1) a CDL in the driver's possession; | 8 | | (2) having obtained a CLP or CDL; | 9 | | (3) the proper class of CLP or CDL or endorsements or | 10 | | both for the specific vehicle group being operated or for | 11 | | the passengers or type of cargo being transported; or
| 12 | | (4) a copy of a medical variance document, if one | 13 | | exists, such as an exemption letter or a skill performance | 14 | | evaluation certificate. | 15 | | (a-5) A CLP or CDL holder whose CLP or CDL is held by this | 16 | | State or any other state in the course of enforcement of a | 17 | | motor vehicle traffic code and who has not been convicted of a | 18 | | disqualifying offense under 49 C.F.R. 383.51 based on this | 19 | | enforcement, may drive a CMV while holding a dated receipt for | 20 | | the CLP or CDL. | 21 | | (b) Except as otherwise provided by this Code, no person | 22 | | may drive a
commercial motor vehicle on the highways while such | 23 | | person's driving
privilege, license, or permit is:
| 24 | | (1) Suspended, revoked, cancelled, or subject to
| 25 | | disqualification. Any person convicted of violating this | 26 | | provision or a
similar provision of this or any other state |
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| 1 | | shall have their driving
privileges revoked under | 2 | | paragraph 12 of subsection (a) of Section 6-205 of
this | 3 | | Code.
| 4 | | (2) Subject to or in violation of an "out-of-service"
| 5 | | order. Any person who has been issued a CLP or CDL and is | 6 | | convicted of violating
this provision or a similar | 7 | | provision of any other state shall be disqualified
from | 8 | | operating a commercial motor vehicle under subsection (i) | 9 | | of Section 6-514
of this Code.
| 10 | | (3) Subject to or in violation of a driver or vehicle | 11 | | "out of service" order while operating a vehicle designed | 12 | | to transport 16 or more passengers, including the driver, | 13 | | or transporting hazardous materials required to be | 14 | | placarded. Any person who has been
issued a CLP or CDL and | 15 | | is convicted of violating this provision or a similar
| 16 | | provision of this or any other state shall be disqualified | 17 | | from operating a
commercial motor vehicle under subsection | 18 | | (i) of Section 6-514 of this Code.
| 19 | | (b-3) Except as otherwise provided by this Code, no person | 20 | | may drive a commercial motor vehicle on the highways during a | 21 | | period which the commercial motor vehicle or the motor carrier | 22 | | operation is subject to an "out-of-service" order. Any person | 23 | | who is convicted of violating this provision or a similar | 24 | | provision of any other state shall be disqualified from | 25 | | operating a commercial motor vehicle under subsection (i) of | 26 | | Section 6-514 of this Code. |
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| 1 | | (b-5) Except as otherwise provided by this Code, no person | 2 | | may operate a vehicle designed to transport 16 or more | 3 | | passengers including the driver or hazardous materials of a | 4 | | type or quantity that requires the vehicle to be placarded | 5 | | during a period in which the commercial motor vehicle or the | 6 | | motor carrier operation is subject to an "out-of-service" | 7 | | order. Any person who is convicted of violating this provision | 8 | | or a similar provision of any other state shall be disqualified | 9 | | from operating a commercial motor vehicle under subsection (i) | 10 | | of Section 6-514 of this Code.
| 11 | | (c) Pursuant to the options provided to the States by FHWA | 12 | | Docket No.
MC-88-8, the driver of any motor vehicle controlled | 13 | | or operated by or for a
farmer is waived from the requirements | 14 | | of this Section, when such motor
vehicle is being used to | 15 | | transport: agricultural products; implements of
husbandry; or | 16 | | farm supplies; to and from a farm, as long as such movement is | 17 | | not over 150 air
miles from the originating farm. This waiver | 18 | | does not apply to
the driver of any motor vehicle
being used in | 19 | | a common or contract carrier type operation.
However, for those | 20 | | drivers of any truck-tractor
semitrailer combination or | 21 | | combinations registered under subsection (c) of
Section 3-815 | 22 | | of this Code, this waiver shall apply only when the
driver is a | 23 | | farmer or a member of the farmer's family and the driver is 21
| 24 | | years
of age or more and has successfully completed any
tests | 25 | | the Secretary of State deems necessary.
| 26 | | In addition, the farmer or a member of the farmer's family |
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| 1 | | who operates a
truck-tractor semitrailer combination or | 2 | | combinations pursuant to this waiver
shall be granted all of | 3 | | the rights and shall be subject to all of the duties
and | 4 | | restrictions with respect to Sections 6-514 and 6-515 of this | 5 | | Code
applicable to the driver who possesses a commercial | 6 | | driver's license issued
under this Code, except that the driver | 7 | | shall not be subject to any additional
duties or restrictions | 8 | | contained
in Part 382 of the Federal Motor Carrier Safety | 9 | | Regulations that are
not otherwise imposed under Section 6-514 | 10 | | or 6-515 of this Code.
| 11 | | For purposes of this subsection (c), a member of the | 12 | | farmer's family is a
natural or in-law spouse, child, parent, | 13 | | or sibling.
| 14 | | As required under the Code of Federal Regulations 49 CFR | 15 | | 390.39, an operator of a covered farm vehicle, as defined under | 16 | | Section 18b-101 of this Code, is exempt from the requirements | 17 | | of this Section. | 18 | | (c-5) An employee of a township or road district with a | 19 | | population of
less
than 3,000 operating a vehicle within the | 20 | | boundaries of the township or road
district for the purpose of | 21 | | removing snow or ice from a roadway by plowing,
sanding, or | 22 | | salting is waived from the requirements of this Section when | 23 | | the
employee is needed to operate the vehicle because the | 24 | | employee of the township
or road district who ordinarily | 25 | | operates the vehicle and who has a commercial
driver's license | 26 | | is unable to operate the vehicle or is in need of additional
|
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| 1 | | assistance due to a snow emergency.
| 2 | | (c-10) A driver of a commercial motor vehicle used | 3 | | primarily in the transportation of propane winter heating fuel | 4 | | or a driver of a motor vehicle used to respond to a pipeline | 5 | | emergency is waived from the requirements of this Section if | 6 | | such requirements would prevent the driver from responding to | 7 | | an emergency condition requiring immediate response as defined | 8 | | in 49 C.F.R. Part 390.5. | 9 | | (d) Any person convicted of violating this Section, shall | 10 | | be guilty of a
Class A misdemeanor.
| 11 | | (e) Any person convicted of violating paragraph (1) of | 12 | | subsection (b) of this Section,
shall have all driving | 13 | | privileges revoked by the Secretary of State.
| 14 | | (f) This Section shall not apply to:
| 15 | | (1) A person who currently holds a valid Illinois | 16 | | driver's license,
for the type of vehicle being operated, | 17 | | until the expiration of such
license or April 1, 1992, | 18 | | whichever is earlier; or
| 19 | | (2) A non-Illinois domiciliary who is properly | 20 | | licensed in another
State, until April 1, 1992. A | 21 | | non-Illinois domiciliary, if such
domiciliary is properly | 22 | | licensed in another State or foreign jurisdiction,
until | 23 | | April 1, 1992.
| 24 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229, eff. 7-28-11; | 25 | | 97-813, eff. 7-13-12; 98-176, eff. 7-8-15 (see Section 10 of | 26 | | P.A. 98-722 for the effective date of changes made by P.A. |
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| 1 | | 98-176).)
| 2 | | (625 ILCS 5/6-508.1) | 3 | | (Text of Section before amendment by P.A. 98-176 ) | 4 | | Sec. 6-508.1. Medical Examiner's Certificate. | 5 | | (a) It shall be unlawful for any person to drive a CMV in | 6 | | non-excepted interstate commerce unless the person holds a CDL | 7 | | and is medically certified as physically qualified to do so. | 8 | | (b) No person who has certified to non-excepted interstate | 9 | | driving as provided in Section 6-508 of this Code shall be | 10 | | issued a commercial driver instruction permit or CDL unless | 11 | | that person presents to the Secretary a medical examiner's | 12 | | certificate or has a current medical examiner's certificate on | 13 | | the CDLIS driver record. | 14 | | (c) Persons who hold a commercial driver instruction permit | 15 | | or CDL on January 30, 2012 who have certified as non-excepted | 16 | | interstate as provided in Section 6-508 of this Code must | 17 | | provide to the Secretary a medical examiner's certificate no | 18 | | later than January 30, 2014. | 19 | | (d) As of January 30, 2014, all persons who hold a | 20 | | commercial driver instruction permit or CDL who have certified | 21 | | as non-excepted interstate shall maintain a current medical | 22 | | examiner's certificate on file with the Secretary. | 23 | | (e) Within 10 calendar days of receipt of a medical | 24 | | examiner's certificate of a driver who has certified as | 25 | | non-excepted interstate, the Secretary shall post the |
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| 1 | | following to the CDLIS driver record: | 2 | | (1) the medical examiner's name; | 3 | | (2) the medical examiner's telephone number; | 4 | | (3) the date of issuance of the medical examiner's | 5 | | certificate; | 6 | | (4) the medical examiner's license number and the state | 7 | | that issued it; | 8 | | (5) the medical certification status; | 9 | | (6) the expiration date of the medical examiner's | 10 | | certificate; | 11 | | (7) the existence of any medical variance on the | 12 | | medical examiner's certificate or grandfather provisions; | 13 | | (8) any restrictions noted on the medical examiner's | 14 | | certificate; and | 15 | | (9) the date the medical examiner's certificate | 16 | | information was posted to the CDLIS driver record. | 17 | | (f) Within 10 calendar days of the expiration or rescission | 18 | | of the driver's medical examiner's certificate or medical | 19 | | variance or both, the Secretary shall update the medical | 20 | | certification status to "not certified". | 21 | | (g) Within 10 calendar days of receipt of information from | 22 | | the Federal Motor Carrier Safety Administration regarding | 23 | | issuance or renewal of a medical variance, the Secretary shall | 24 | | update the CDLIS driver record to include the medical variance | 25 | | information provided by the Federal Motor Carrier Safety | 26 | | Administration. |
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| 1 | | (h) The Secretary shall notify the driver of his or her | 2 | | non-certified status and that his or her CDL will be canceled | 3 | | unless the driver submits a current medical examiner's | 4 | | certificate or medical variance or changes his or her | 5 | | self-certification to driving only in excepted or intrastate | 6 | | commerce. | 7 | | (i) Within 60 calendar days of a driver's medical | 8 | | certification status becoming non-certified, the Secretary | 9 | | shall cancel the CDL.
| 10 | | (Source: P.A. 97-208, eff. 1-1-12.) | 11 | | (Text of Section after amendment by P.A. 98-176 ) | 12 | | Sec. 6-508.1. Medical Examiner's Certificate. | 13 | | (a) It shall be unlawful for any person to drive a CMV in | 14 | | non-excepted interstate commerce unless the person holds a CLP | 15 | | or CDL and is medically certified as physically qualified to do | 16 | | so. | 17 | | (b) No person who has certified to non-excepted interstate | 18 | | driving as provided in Sections 6-507.5 and 6-508 of this Code | 19 | | shall be issued a commercial learner's permit or CDL unless | 20 | | that person presents to the Secretary a medical examiner's | 21 | | certificate or has a current medical examiner's certificate on | 22 | | the CDLIS driver record. | 23 | | (c) Persons who hold a commercial driver instruction permit | 24 | | or CDL on January 30, 2012 who have certified as non-excepted | 25 | | interstate as provided in Section 6-508 of this Code must |
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| 1 | | provide to the Secretary a medical examiner's certificate no | 2 | | later than January 30, 2014. | 3 | | (d) On and after January 30, 2014, all persons who hold a | 4 | | commercial driver instruction permit or CDL who have certified | 5 | | as non-excepted interstate shall maintain a current medical | 6 | | examiner's certificate on file with the Secretary. On and after | 7 | | July 1, 2014, all persons issued a CLP who have certified as | 8 | | non-excepted interstate shall maintain a current medical | 9 | | examiner's certificate on file with the Secretary. | 10 | | (e) Within 10 calendar days of receipt of a medical | 11 | | examiner's certificate of a driver who has certified as | 12 | | non-excepted interstate, the Secretary shall post the | 13 | | following to the CDLIS driver record: | 14 | | (1) the medical examiner's name; | 15 | | (2) the medical examiner's telephone number; | 16 | | (3) the date of issuance of the medical examiner's | 17 | | certificate; | 18 | | (4) the medical examiner's license number and the state | 19 | | that issued it; | 20 | | (5) the medical certification status; | 21 | | (6) the expiration date of the medical examiner's | 22 | | certificate; | 23 | | (7) the existence of any medical variance on the | 24 | | medical examiner's certificate or grandfather provisions; | 25 | | (8) any restrictions noted on the medical examiner's | 26 | | certificate; and |
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| 1 | | (9) the date the medical examiner's certificate | 2 | | information was posted to the CDLIS driver record. | 3 | | (f) Within 10 calendar days of the expiration or rescission | 4 | | of the driver's medical examiner's certificate or medical | 5 | | variance or both, the Secretary shall update the medical | 6 | | certification status to "not certified". | 7 | | (g) Within 10 calendar days of receipt of information from | 8 | | the Federal Motor Carrier Safety Administration regarding | 9 | | issuance or renewal of a medical variance, the Secretary shall | 10 | | update the CDLIS driver record to include the medical variance | 11 | | information provided by the Federal Motor Carrier Safety | 12 | | Administration. | 13 | | (h) The Secretary shall notify the driver of his or her | 14 | | non-certified status and that his or her CDL will be canceled | 15 | | unless the driver submits a current medical examiner's | 16 | | certificate or medical variance or changes his or her | 17 | | self-certification to driving only in excepted or intrastate | 18 | | commerce. | 19 | | (i) Within 60 calendar days of a driver's medical | 20 | | certification status becoming non-certified, the Secretary | 21 | | shall cancel the CDL.
| 22 | | (j) As required under the Code of Federal Regulations 49 | 23 | | CFR 390.39, an operator of a covered farm vehicle, as defined | 24 | | under Section 18b-101 of this Code, is exempt from the | 25 | | requirements of this Section. | 26 | | (Source: P.A. 97-208, eff. 1-1-12; 98-176, eff. 7-8-15 (see |
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| 1 | | Section 10 of P.A. 98-722 for the effective date of changes | 2 | | made by P.A. 98-176).)
| 3 | | Section 95. No acceleration or delay. Where this Act makes | 4 | | changes in a statute that is represented in this Act by text | 5 | | that is not yet or no longer in effect (for example, a Section | 6 | | represented by multiple versions), the use of that text does | 7 | | not accelerate or delay the taking effect of (i) the changes | 8 | | made by this Act or (ii) provisions derived from any other | 9 | | Public Act. | 10 | | Section 999. Effective date. This Act takes effect July 1, | 11 | | 2015.
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