State of Illinois
92nd General Assembly
Legislation

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92_SB0826eng

 
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 1        AN ACT in relation to vehicles.

 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,  6-514,  18b-105,  and  18b-107  as
 6    follows:

 7        (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
 8        Sec.   6-500.    Definitions   of   words   and  phrases.
 9    Notwithstanding the definitions set forth elsewhere  in  this
10    Code, for purposes of the Uniform Commercial Driver's License
11    Act  (UCDLA),  the  words and phrases listed below shall have
12    the meanings ascribed to them as follows:
13        Alcohol.  "Alcohol" means any  substance  containing  any
14    form  of  alcohol,  including  but  not limited to:  ethanol;
15    methanol; propanol and isopropanol.
16        Alcohol concentration.  "Alcohol concentration" means:
17             (a)  the number of grams of alcohol per  210  liters
18        of breath; or
19             (b)  the   number   of  grams  of  alcohol  per  100
20        milliliters of blood; or
21             (c)  the  number  of  grams  of   alcohol   per   67
22        milliliters of urine.
23        Alcohol  tests  administered within 2 hours of the driver
24    being "stopped or detained" shall be considered that driver's
25    "alcohol concentration" for the purposes  of  enforcing  this
26    UCDLA.
27        Commercial  Motor  Vehicle.   "Commercial  motor vehicle"
28    means a motor vehicle, except those referred to in  paragraph
29    (d), designed to transport passengers or property if:
30             (a)  the vehicle has a GVWR of 26,001 pounds or more
31        or  such  a  lesser  GVWR  as  subsequently determined by
 
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 1        federal regulations or the Secretary  of  State;  or  any
 2        combination  of  vehicles with a GCWR of 26,001 pounds or
 3        more, provided the GVWR of any vehicle or vehicles  being
 4        towed is 10,001 pounds or more; or
 5             (b)  the vehicle is designed to transport 16 or more
 6        persons; or
 7             (c)  the vehicle is transporting hazardous materials
 8        and  is  required  to  be placarded in accordance with 49
 9        C.F.R. Part 172, subpart F.
10             (d)  Pursuant   to   the   interpretation   of   the
11        Commercial Motor  Vehicle  Safety  Act  of  1986  by  the
12        Federal   Highway   Administration,   the  definition  of
13        "commercial vehicle" does not include:
14                  (i)  Recreational   vehicles,   when   operated
15             primarily for personal use;
16                  (ii)  United  States  Department   of   Defense
17             vehicles  being  operated by non-civilian personnel.
18             This includes any operator on active military  duty;
19             members  of  the Reserves; National Guard; personnel
20             on part-time training; and National  Guard  military
21             technicians  (civilians  who  are  required  to wear
22             military uniforms and are subject  to  the  Code  of
23             Military Justice); or
24                  (iii)  Firefighting    and    other   emergency
25             equipment with audible and visual signals, owned  or
26             operated  by  or for a governmental entity, which is
27             necessary to the preservation of life or property or
28             the execution of  emergency  governmental  functions
29             which  are  normally  not subject to general traffic
30             rules and regulations.
31        Controlled Substance.  "Controlled substance" shall  have
32    the  same  meaning  as defined in Section 102 of the Illinois
33    Controlled Substances Act, and shall also include cannabis as
34    defined in Section 3 of the Cannabis Control Act.
 
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 1        Conviction.  "Conviction" means an unvacated adjudication
 2    of guilt or a determination that a  person  has  violated  or
 3    failed  to  comply  with  the  law  in  a  court  of original
 4    jurisdiction or an  authorized  administrative  tribunal;  an
 5    unvacated  forfeiture  of  bail  or  collateral  deposited to
 6    secure the person's appearance in court;  the  payment  of  a
 7    fine  or  court  cost regardless of whether the imposition of
 8    sentence is deferred and ultimately a judgment dismissing the
 9    underlying charge is entered; or a violation of  a  condition
10    of  release  without  bail,  regardless of whether or not the
11    penalty is rebated, suspended or probated.
12        Driver.  "Driver" means any person who drives,  operates,
13    or  is  in physical control of a commercial motor vehicle, or
14    who is required to hold a CDL.
15        Employee.  "Employee" means a person who is employed as a
16    commercial  motor  vehicle   driver.    A   person   who   is
17    self-employed  as  a  commercial  motor  vehicle  driver must
18    comply with the requirements  of  this  UCDLA  pertaining  to
19    employees.   An  owner-operator on a long-term lease shall be
20    considered an employee.
21        Employer.   "Employer"  means  a  person  (including  the
22    United States, a State or a  local  authority)  who  owns  or
23    leases  a  commercial  motor  vehicle or assigns employees to
24    operate such a vehicle.  A person who is self-employed  as  a
25    commercial   motor   vehicle  driver  must  comply  with  the
26    requirements of this UCDLA.
27        Foreign jurisdiction.   "Foreign  jurisdiction"  means  a
28    sovereign   jurisdiction   that  does  not  fall  within  the
29    definition of "State".
30        Hazardous Material.  Upon a finding by the United  States
31    Secretary  of Transportation, in his or her discretion, under
32    49  App.  U.S.C.  5103(a),  that  the  transportation  of   a
33    particular quantity and form of material in commerce may pose
34    an  unreasonable risk to health and safety or property, he or
 
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 1    she shall designate the quantity  and  form  of  material  or
 2    group or class of the materials as a hazardous material.  The
 3    materials  so  designated  may include but are not limited to
 4    explosives,   radioactive   materials,   etiologic    agents,
 5    flammable  liquids  or solids, combustible liquids or solids,
 6    poisons, oxidizing or  corrosive  materials,  and  compressed
 7    gases.
 8        Long-term-lease.   "Long-term-lease"  means  a lease of a
 9    commercial motor vehicle by the owner-lessor to a lessee, for
10    a period of more than 29 days.
11        Motor Vehicle.  "Motor vehicle" means every vehicle which
12    is self-propelled, and every vehicle which  is  propelled  by
13    electric  power obtained from over head trolley wires but not
14    operated upon rails, except vehicles moved  solely  by  human
15    power and motorized wheel chairs.
16        Non-resident  CDL.  "Non-resident CDL" means a commercial
17    driver's license issued by a State to an  individual  who  is
18    domiciled in a foreign jurisdiction.
19        Railroad-Highway      Grade      Crossing      Violation.
20    "Railroad-Highway   Grade   Crossing   Violation"   means   a
21    conviction  when  operating a commercial motor vehicle of any
22    of the following:
23        (a)  A violation of Section 11-1201 of this Code.
24        (b)  A violation of Section 11-1201.1 of this Code.
25        (c)  A violation of Section 11-1202 of this Code.
26        (d)  A violation of Section 11-1203 of this Code.
27        (e)  A  violation  of  92  Illinois  Administrative  Code
28    392.10.
29        (f)  A  violation  of  92  Illinois  Administrative  Code
30    392.11.
31        (g)  A violation of any similar local ordinance.
32        Serious Traffic Violation.  "Serious  traffic  violation"
33    means:
34             (a)  A  conviction when operating a commercial motor
 
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 1        vehicle of:
 2                  (i)  a   violation   relating   to    excessive
 3             speeding,  involving  a single speeding charge of 15
 4             miles per hour or more above the legal speed  limit;
 5             or
 6                  (ii)  a violation relating to reckless driving;
 7             or
 8                  (iii)  a  violation  of  any State Law or local
 9             ordinance relating to motor vehicle traffic  control
10             (other   than   parking   violations)   arising   in
11             connection with a fatal traffic accident; or
12                  (iv)  a violation of Section 6-501, relating to
13             having multiple driver's licenses; or
14                  (v)  a  violation  of paragraph (a), of Section
15             6-507, relating to the requirement to have  a  valid
16             CDL; or
17                  (vi)  a   violation  relating  to  improper  or
18             erratic traffic lane changes; or
19                  (vii)  a  violation   relating   to   following
20             another vehicle too closely; or
21             (b)  any  other  similar violation of a law or local
22        ordinance of any state relating to motor vehicle  traffic
23        control,  other  than  a  parking  violation,  which  the
24        Secretary  of  State determines by Administrative Rule to
25        be serious.
26        State.  "State" means a State of the United  States,  the
27    District of Columbia and any Province or Territory of Canada.
28    (Source:  P.A.  89-179,  eff.  1-1-96;  89-571, eff. 7-26-96;
29    90-89, eff. 1-1-98.)

30        (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
31        Sec.  6-514.   Commercial  Driver's   License   (CDL)   -
32    Disqualifications.
33        (a)  A  person  shall  be  disqualified  from  driving  a
 
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 1    commercial  motor  vehicle  for  a period of not less than 12
 2    months for the first violation of:
 3             (1)  Refusing to submit to or failure to complete  a
 4        test   or   tests   to   determine   the  driver's  blood
 5        concentration of alcohol,  other  drug,  or  both,  while
 6        driving a commercial motor vehicle; or
 7             (2)  Operating  a commercial motor vehicle while the
 8        alcohol concentration of the person's  blood,  breath  or
 9        urine  is  at  least  0.04,  or  any  amount  of  a drug,
10        substance, or compound in the  person's  blood  or  urine
11        resulting   from  the  unlawful  use  or  consumption  of
12        cannabis  listed  in  the  Cannabis  Control  Act  or   a
13        controlled  substance  listed  in the Illinois Controlled
14        Substances Act as indicated by a police  officer's  sworn
15        report or other verified evidence; or
16             (3)  Conviction for a first violation of:
17                  (i)  Driving  a  commercial motor vehicle while
18             under the influence of alcohol, or any  other  drug,
19             or  combination  of  drugs to a degree which renders
20             such person incapable of safely driving; or
21                  (ii)  Knowingly and wilfully leaving the  scene
22             of  an  accident  while operating a commercial motor
23             vehicle; or
24                  (iii)  Driving a commercial motor vehicle while
25             committing any felony.
26             If any of the above violations or refusals  occurred
27        while  transporting  hazardous material(s) required to be
28        placarded, the person shall be disqualified for a  period
29        of not less than 3 years.
30        (b)  A  person  is  disqualified  for  life  for a second
31    conviction of any of the offenses specified in paragraph (a),
32    or any combination of those offenses, arising from 2 or  more
33    separate incidents.
34        (c)  A  person  is disqualified from driving a commercial
 
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 1    motor vehicle for life who uses a commercial motor vehicle in
 2    the commission  of  any  felony  involving  the  manufacture,
 3    distribution,  or  dispensing  of  a controlled substance, or
 4    possession with intent to manufacture, distribute or dispense
 5    a controlled substance.
 6        (d)  The Secretary of State may, when the  United  States
 7    Secretary  of Transportation so authorizes, issue regulations
 8    in which a disqualification for life under paragraph (b)  may
 9    be  reduced  to  a  period  of  not  less than 10 years. If a
10    reinstated  driver  is  subsequently  convicted  of   another
11    disqualifying offense, as specified in subsection (a) of this
12    Section, he or she shall be permanently disqualified for life
13    and shall be ineligible to again apply for a reduction of the
14    lifetime disqualification.
15        (e)  A  person  is disqualified from driving a commercial
16    motor vehicle for a period of  not  less  than  2  months  if
17    convicted  of  2  serious  traffic violations, committed in a
18    commercial motor vehicle, arising  from  separate  incidents,
19    occurring  within a 3 year period.  However, a person will be
20    disqualified from driving a commercial motor  vehicle  for  a
21    period  of  not  less than 4 months if convicted of 3 serious
22    traffic violations, committed in a commercial motor  vehicle,
23    arising  from  separate  incidents, occurring within a 3 year
24    period.
25        (f)  Notwithstanding any other provision  of  this  Code,
26    any  driver  disqualified  from  operating a commercial motor
27    vehicle, pursuant to this UCDLA, shall not  be  eligible  for
28    restoration  of commercial driving privileges during any such
29    period of disqualification.
30        (g)  After  suspending,   revoking,   or   cancelling   a
31    commercial  driver's  license,  the  Secretary  of State must
32    update the driver's records to reflect such action within  10
33    days.   After suspending or revoking the driving privilege of
34    any person who has been issued a  CDL  or  commercial  driver
 
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 1    instruction  permit  from another jurisdiction, the Secretary
 2    shall originate notification  to  such  issuing  jurisdiction
 3    within 10 days.
 4        (h)  The  "disqualifications" referred to in this Section
 5    shall not  be  imposed  upon  any  commercial  motor  vehicle
 6    driver,  by  the  Secretary  of  State, unless the prohibited
 7    action(s) occurred after March 31, 1992.
 8        (i)  A person is disqualified from driving  a  commercial
 9    motor vehicle in accordance with the following:
10             (1)  For   6  months  upon  a  first  conviction  of
11        paragraph (2) of subsection (b) of Section 6-507 of  this
12        Code.
13             (2)  For  one  year  upon  a  second  conviction  of
14        paragraph  (2) of subsection (b) of Section 6-507 of this
15        Code within a 10-year period.
16             (3)  For  3  years  upon  a  third   or   subsequent
17        conviction  of paragraph (2) of subsection (b) of Section
18        6-507 of this Code within a 10-year period.
19             (4)  For  one  year  upon  a  first  conviction   of
20        paragraph  (3) of subsection (b) of Section 6-507 of this
21        Code.
22             (5)  For  3  years  upon  a  second  conviction   of
23        paragraph  (3) of subsection (b) of Section 6-507 of this
24        Code within a 10-year period.
25             (6)  For  5  years  upon  a  third   or   subsequent
26        conviction  of paragraph (3) of subsection (b) of Section
27        6-507 of this Code within a 10-year period.
28        (j)  A  person  convicted  of  a  railroad-highway  grade
29    crossing violation is disqualified from driving a  commercial
30    motor vehicle in accordance with the following:
31             (1)  For  not  less  than  60  days if the driver is
32        convicted of a first violation.
33             (2)  For not less  than  120  days  if,  during  any
34        3-year  period,  the  driver  is  convicted  of  a second
 
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 1        violation in a separate incident.
 2             (3)  For not less than 1 year if, during any  3-year
 3        period,  the  driver  is  convicted  of a third violation
 4        after 2  previous  convictions  resulting  from  separate
 5        incidents.
 6    (Source: P.A. 89-245, eff. 1-1-96; 90-422, eff. 1-1-98.)

 7        (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
 8        Sec. 18b-105.  Rules and Regulations.
 9        (a)  The  Department  is  authorized  to  make  and adopt
10    reasonable rules and regulations and orders  consistent  with
11    law necessary to carry out the provisions of this Chapter.
12        (b)  The  following  parts  of  Title  49  of the Code of
13    Federal Regulations, as now in effect, are hereby adopted  by
14    reference as though they were set out in full:
15        Part    383-Commercial    Driver's   License   Standards,
16    Requirements, and Penalties;
17        Part 385-Safety Fitness Procedures;
18        Part  390-Federal  Motor  Carrier   Safety   Regulations:
19    General;
20        Part 391-Qualifications of Drivers;
21        Part 392-Driving of Motor Vehicles;
22        Part   393-Parts   and  Accessories  Necessary  for  Safe
23    Operation;
24        Part 395-Hours of Service of Drivers; and
25        Part 396-Inspection, Repair and Maintenance.
26        (c)  The following parts  and  Sections  of  the  Federal
27    Motor  Carrier  Safety  Regulations  shall not apply to those
28    intrastate  carriers,  drivers   or   vehicles   subject   to
29    subsection (b).
30             (1)  Section  393.93  of Part 393 for those vehicles
31        manufactured before June 30, 1972.
32             (2)  Section 393.86 of Part 393 for  those  vehicles
33        which  are registered as farm trucks under subsection (c)
 
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 1        of Section 3-815 of The Illinois Vehicle Code.
 2             (3)  (Blank).
 3             (4)  (Blank).
 4             (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
 5             (6)  All of Part 395 for all agricultural  movements
 6        as defined in Chapter 1, between the period of February 1
 7        through  November  30  each  year, and all farm to market
 8        agricultural transportation as defined in Chapter  1  and
 9        for  grain  hauling operations within a radius of 200 air
10        miles of the normal work reporting location.
11             (7)  Paragraphs (b)(3) (insulin dependent  diabetic)
12        and  (b)(10) (minimum visual acuity) of Section 391.41 of
13        part 391, but only for any driver who  immediately  prior
14        to  July  29, 1986 was eligible and licensed to operate a
15        motor vehicle subject to this Section and was engaged  in
16        operating such vehicles, and who was disqualified on July
17        29,  1986  by  the  adoption of Part 391 by reason of the
18        application of paragraphs (b)(3) and (b)(10)  of  Section
19        391.41  with  respect to a physical condition existing at
20        that time unless such driver has a  record  of  accidents
21        which would indicate a lack of ability to operate a motor
22        vehicle in a safe manner.
23        (d)  Intrastate   carriers   subject   to  the  recording
24    provisions of Section 395.8 of Part 395 of the Federal  Motor
25    Carrier  Safety  Regulations  shall  be exempt as established
26    under paragraph (1) of Section 395.8; provided, however,  for
27    the  purpose of this Code, drivers shall operate within a 150
28    air-mile radius of the  normal  work  reporting  location  to
29    qualify for exempt status.
30        (e)  Regulations  adopted by the Department subsequent to
31    those adopted under subsection (b) hereof shall be  identical
32    in  substance to the Federal Motor Carrier Safety Regulations
33    of the United States Department of Transportation and adopted
34    in accordance with the procedures for rulemaking  in  Section
 
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 1    5-35 of the Illinois Administrative Procedure Act.
 2    (Source:  P.A.  90-89,  eff.  1-1-98;  90-228,  eff. 7-25-97;
 3    90-655, eff. 7-30-98; 91-179, eff. 1-1-00.)

 4        (625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
 5        Sec. 18b-107.  Violations - Civil penalties.
 6        Except as provided in Section 18b-108, any person who  is
 7    determined  by  the  Department  after  reasonable notice and
 8    opportunity  for  a  fair  and  impartial  hearing  to   have
 9    committed  an act in violation of this Chapter or any rule or
10    regulation issued under this Chapter is liable to  the  State
11    for  a  civil  penalty.   Such  person  is subject to a civil
12    penalty of not more than $5,000 for  such  violation,  except
13    that  a  person  committing a railroad-highway grade crossing
14    violation is subject to a civil  penalty  of  not  more  than
15    $10,000, and, if any such violation is a continuing one, each
16    day  of violation constitutes a separate offense.  The amount
17    of any such penalty shall be assessed by the Department by  a
18    written  notice.   In determining the amount of such penalty,
19    the  Department  shall  take   into   account   the   nature,
20    circumstances,  extent and gravity of the violation and, with
21    respect to a person found to have committed  such  violation,
22    the degree of culpability, history or prior offenses, ability
23    to pay, effect on ability to continue to do business and such
24    other matters as justice may require.
25        Such civil penalty is recoverable in an action brought by
26    the State's Attorney or the Attorney General on behalf of the
27    State  in  the  circuit  court  or,  prior to referral to the
28    State's Attorney or the Attorney General, such civil  penalty
29    may  be  compromised  by  the Department.  The amount of such
30    penalty  when  finally  determined   (or   agreed   upon   in
31    compromise),  may be deducted from any sums owed by the State
32    to the person charged.  All civil penalties  collected  under
33    this subsection shall be  deposited in the Road Fund.
 
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 1    (Source: P.A. 86-611; 86-1236.)

 2        Section  99.   Effective  date.   This  Act  takes effect
 3    January 1, 2002.

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