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Public Act 094-0307 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 1-115.3, 6-204, 6-205, 6-206, 6-206.1, 6-500, 6-507, | ||||
6-508, 6-509, 6-510, 6-513, 6-514, 6-518, 6-523, 7-702.1, and | ||||
11-501.8 as follows:
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(625 ILCS 5/1-115.3)
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Sec. 1-115.3. Disqualification. Disqualification means any | ||||
of the following 3 actions: | ||||
(a) The suspension, revocation, or cancellation of a CDL by | ||||
the State or jurisdiction of issuance. | ||||
(b) Any withdrawal of a person's privileges to drive a | ||||
commercial motor vehicle by a State or other jurisdiction as a | ||||
result of a violation of State or local law relating to motor | ||||
vehicle traffic control (other than parking, vehicle weight or | ||||
vehicle defect violations). | ||||
(c) A determination by the Federal Motor Carrier Safety | ||||
Administration that a person is not qualified to operate a | ||||
commercial motor vehicle under 49 C.F.R. Part 391.
A withdrawal | ||||
of the privilege to drive a
commercial motor vehicle.
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(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
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Sec. 6-204. When Court to forward License and Reports.
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(a) For the purpose of providing to the Secretary of State | ||||
the records
essential to the performance of the Secretary's | ||||
duties under this Code to
cancel, revoke or suspend the | ||||
driver's license and privilege to drive motor
vehicles of | ||||
certain minors adjudicated truant minors in need of | ||||
supervision,
addicted, or delinquent and of persons
found | ||||
guilty of the criminal offenses or traffic violations
which |
this Code recognizes as evidence relating to unfitness to | ||
safely operate
motor vehicles, the following duties are imposed | ||
upon public officials:
| ||
(1) Whenever any person is convicted of any offense for | ||
which
this
Code makes mandatory the cancellation or | ||
revocation of the driver's
license or permit of such person | ||
by the Secretary of State, the judge of the
court in which | ||
such conviction is had shall require the surrender to the | ||
clerk
of the court of all driver's licenses or permits then | ||
held by the person so
convicted, and the clerk of the court | ||
shall, within 5
10 days thereafter, forward
the same, | ||
together with a report of such conviction, to the | ||
Secretary.
| ||
(2) Whenever any person is convicted of any offense | ||
under this
Code or
similar offenses under a municipal | ||
ordinance, other than regulations
governing standing, | ||
parking or weights of vehicles, and excepting the
following | ||
enumerated Sections of this Code: Sections 11-1406 | ||
(obstruction
to driver's view or control), 11-1407 | ||
(improper opening of door into
traffic), 11-1410 (coasting | ||
on downgrade), 11-1411 (following fire
apparatus), | ||
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||
vehicle which is in unsafe condition or improperly | ||
equipped), 12-201(a)
(daytime lights on motorcycles), | ||
12-202 (clearance, identification and
side marker lamps), | ||
12-204 (lamp or flag on projecting load), 12-205
(failure | ||
to display the safety lights required), 12-401 | ||
(restrictions as
to tire equipment), 12-502 (mirrors), | ||
12-503 (windshields must be
unobstructed and equipped with | ||
wipers), 12-601 (horns and warning
devices), 12-602 | ||
(mufflers, prevention of noise or smoke), 12-603 (seat
| ||
safety belts), 12-702 (certain vehicles to carry flares or | ||
other warning
devices), 12-703 (vehicles for oiling roads | ||
operated on highways),
12-710 (splash guards and | ||
replacements), 13-101 (safety tests), 15-101
(size, weight | ||
and load), 15-102 (width), 15-103 (height), 15-104 (name
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and address on second division vehicles), 15-107 (length of | ||
vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||
15-112 (weights), 15-301
(weights), 15-316 (weights), | ||
15-318 (weights), and also excepting the following
| ||
enumerated Sections of the Chicago Municipal Code: | ||
Sections 27-245 (following
fire apparatus), 27-254 | ||
(obstruction of traffic), 27-258 (driving vehicle which
is | ||
in unsafe condition), 27-259 (coasting on downgrade), | ||
27-264 (use of horns
and signal devices), 27-265 | ||
(obstruction to driver's view or driver mechanism),
27-267 | ||
(dimming of headlights), 27-268 (unattended motor | ||
vehicle), 27-272
(illegal funeral procession), 27-273 | ||
(funeral procession on boulevard), 27-275
(driving freight | ||
hauling vehicles on boulevard), 27-276 (stopping and | ||
standing
of buses or taxicabs), 27-277 (cruising of public | ||
passenger vehicles), 27-305
(parallel parking), 27-306 | ||
(diagonal parking), 27-307 (parking not to obstruct
| ||
traffic), 27-308 (stopping, standing or parking | ||
regulated), 27-311 (parking
regulations), 27-312 (parking | ||
regulations), 27-313 (parking regulations),
27-314 | ||
(parking regulations), 27-315 (parking regulations), | ||
27-316 (parking
regulations), 27-317 (parking | ||
regulations), 27-318 (parking regulations),
27-319 | ||
(parking regulations), 27-320 (parking regulations), | ||
27-321 (parking
regulations), 27-322 (parking | ||
regulations), 27-324 (loading and
unloading at an angle), | ||
27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||
the downtown district), 27-335 (load restrictions in
| ||
residential areas), 27-338 (width of vehicles), 27-339 | ||
(height of
vehicles), 27-340 (length of vehicles), 27-352 | ||
(reflectors on trailers),
27-353 (mufflers), 27-354 | ||
(display of plates), 27-355 (display of city
vehicle tax | ||
sticker), 27-357 (identification of vehicles), 27-358
| ||
(projecting of loads), and also excepting the following | ||
enumerated
paragraphs of Section 2-201 of the Rules and | ||
Regulations of the Illinois
State Toll Highway Authority: |
(l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||
transporting dangerous cargo not properly indicated), it
| ||
shall be the duty of the clerk of the court in which such | ||
conviction is
had within 10 days thereafter to forward to | ||
the Secretary of State a report of
the conviction and the | ||
court may recommend the suspension of the driver's
license | ||
or permit of the person so convicted.
| ||
The reporting requirements of this subsection shall apply | ||
to all
violations stated in paragraphs (1) and (2) of this
| ||
subsection when the
individual has been adjudicated under the | ||
Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||
reporting requirements shall also apply to
individuals | ||
adjudicated under the Juvenile Court Act or the Juvenile Court | ||
Act
of 1987 who have committed a violation of Section 11-501 of | ||
this Code, or
similar provision of a local ordinance, or | ||
Section 9-3 of the Criminal Code
of 1961, as amended, relating | ||
to the offense of reckless homicide.
The reporting requirements | ||
of this subsection shall also apply to
a truant minor in need | ||
of supervision, an addicted
minor, or a delinquent minor and | ||
whose driver's license and privilege to
drive a motor vehicle | ||
has been ordered suspended for such times as determined
by the | ||
Court, but only until he or she attains
18 years of age. It | ||
shall be the duty of the clerk of the court in which
| ||
adjudication is had within 5
10 days thereafter to forward to | ||
the Secretary of
State a report of the adjudication and the | ||
court order requiring the Secretary
of State to suspend the | ||
minor's driver's license and driving privilege for such
time as | ||
determined by the Court, but only until he or she attains the | ||
age of 18
years. All juvenile court dispositions reported to | ||
the Secretary of State
under this provision shall be processed | ||
by the Secretary of State as if the
cases had been adjudicated | ||
in traffic or criminal court. However, information
reported | ||
relative to the offense of reckless homicide, or Section 11-501 | ||
of
this Code, or a similar provision of a local ordinance, | ||
shall be privileged
and available only to the Secretary of | ||
State, courts, and police officers.
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The reporting requirements of this subsection (a) | ||
apply to all violations listed in paragraphs (1) and (2) of | ||
this subsection (a), excluding parking violations, when | ||
the driver holds a CDL, regardless of the type of vehicle | ||
in which the violation occurred, or when any driver | ||
committed the violation in a commercial motor vehicle as | ||
defined in Section 6-500 of this Code.
| ||
(3) Whenever an order is entered vacating the | ||
forfeiture of any
bail,
security or bond given to secure | ||
appearance for any offense under this
Code or similar | ||
offenses under municipal ordinance, it shall be the duty
of | ||
the clerk of the court in which such vacation was had or | ||
the judge of
such court if such court has no clerk, within | ||
5
10 days thereafter to
forward to the Secretary of State a | ||
report of the vacation.
| ||
(4) A report of any disposition of court supervision | ||
for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||
similar provision of a local ordinance,
11-503 and 11-504 | ||
shall be forwarded to the Secretary of State.
A report of | ||
any disposition of court supervision for a violation of an | ||
offense
defined as a serious traffic violation in this Code | ||
or a similar provision of a
local ordinance committed by a | ||
person under the age of 21 years shall be
forwarded to the | ||
Secretary of State.
| ||
(5) Reports of conviction
under this Code
and | ||
sentencing hearings under the
Juvenile Court
Act of 1987 in | ||
an electronic format
or a computer processible medium
shall
| ||
be
forwarded to the Secretary of State via the Supreme | ||
Court in the form and
format required by the Illinois | ||
Supreme Court and established by a written
agreement | ||
between the Supreme Court and the Secretary of State.
In | ||
counties with a population over 300,000, instead of | ||
forwarding reports to
the Supreme Court, reports of | ||
conviction
under this Code
and sentencing hearings under | ||
the
Juvenile Court Act of 1987 in an electronic format
or a | ||
computer processible medium
may
be forwarded to the |
Secretary of State by the Circuit Court Clerk in a form and
| ||
format required by the Secretary of State and established | ||
by written agreement
between the Circuit Court Clerk and | ||
the Secretary of State. Failure to
forward the reports of | ||
conviction or sentencing hearing under the Juvenile
Court | ||
Act of 1987 as required by this Section shall be
deemed an | ||
omission of duty and it shall be the duty of the several | ||
State's
Attorneys to enforce the requirements of this | ||
Section.
| ||
(b) Whenever a restricted driving permit is forwarded to a | ||
court, as a
result of confiscation by a police officer pursuant | ||
to the authority in
Section 6-113(f), it shall be the duty of | ||
the clerk, or judge, if the court
has no clerk, to forward such | ||
restricted driving permit and a facsimile of
the officer's | ||
citation to the Secretary of State as expeditiously as
| ||
practicable.
| ||
(c) For the purposes of this Code, a forfeiture of bail or | ||
collateral
deposited to secure a defendant's appearance in | ||
court when forfeiture
has not been vacated, or the failure of a | ||
defendant to appear for trial
after depositing his driver's | ||
license in lieu of other bail, shall be
equivalent to a | ||
conviction.
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(d) For the purpose of providing the Secretary of State | ||
with records
necessary to properly monitor and assess driver | ||
performance and assist the
courts in the proper disposition of | ||
repeat traffic law offenders, the clerk
of the court shall | ||
forward to the Secretary of State,
on a form prescribed
by the | ||
Secretary, records of a driver's participation in a driver | ||
remedial
or rehabilitative program which was required, through | ||
a court order or court
supervision, in relation to the driver's | ||
arrest for a violation of Section
11-501 of this Code or a | ||
similar provision of a local ordinance.
The clerk of the court | ||
shall also forward to the Secretary, either on
paper or in an | ||
electronic format or a computer processible medium as required
| ||
under paragraph (5) of subsection (a) of this Section, any | ||
disposition
of court supervision for any traffic violation,
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excluding those offenses listed in paragraph (2)
of subsection | ||
(a) of this Section.
These reports
shall be sent within 5
10
| ||
days after disposition, or, if
the driver is
referred to a | ||
driver
remedial or rehabilitative program, within 5
10 days of | ||
the driver's referral
to that program.
These reports received | ||
by the Secretary of State, including those required to
be | ||
forwarded under paragraph (a)(4), shall be privileged | ||
information, available
only (i) to the affected driver and (ii) | ||
for use by the courts, police
officers, prosecuting | ||
authorities, and the Secretary of State. In accordance with 49 | ||
C.F.R. Part 384, all reports of court supervision, except | ||
violations related to parking, shall be forwarded to the | ||
Secretary of State for all holders of a CDL or any driver who | ||
commits an offense while driving a commercial motor vehicle. | ||
These reports shall be recorded to the driver's record as a | ||
conviction for use in the disqualification of the driver's | ||
commercial motor vehicle privileges and shall not be privileged | ||
information.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 91-716, eff. 10-1-00; | ||
92-458, eff.
8-22-01.)
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(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||
Sec. 6-205. Mandatory revocation of license or permit; | ||
Hardship cases.
| ||
(a) Except as provided in this Section, the Secretary of | ||
State shall
immediately revoke the license, permit, or driving | ||
privileges of
any driver upon receiving a
report of the | ||
driver's conviction of any of the following offenses:
| ||
1. Reckless homicide resulting from the operation of a | ||
motor vehicle;
| ||
2. Violation of Section 11-501 of this Code or a | ||
similar provision of
a local ordinance relating to the | ||
offense of operating or being in physical
control of a | ||
vehicle while under the influence of alcohol, other drug or
| ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof;
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3. Any felony under the laws of any State or the | ||
federal government
in the commission of which a motor | ||
vehicle was used;
| ||
4. Violation of Section 11-401 of this Code relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or personal injury;
| ||
5. Perjury or the making of a false affidavit or | ||
statement under
oath to the Secretary of State under this | ||
Code or under any
other law relating to the ownership or | ||
operation of motor vehicles;
| ||
6. Conviction upon 3 charges of violation of Section | ||
11-503 of this
Code relating to the offense of reckless | ||
driving committed within a
period of 12 months;
| ||
7. Conviction of any offense
defined in
Section 4-102 | ||
of this Code;
| ||
8. Violation of Section 11-504 of this Code relating to | ||
the offense
of drag racing;
| ||
9. Violation of Chapters 8 and 9 of this Code;
| ||
10. Violation of Section 12-5 of the Criminal Code of | ||
1961 arising from
the use of a motor vehicle;
| ||
11. Violation of Section 11-204.1 of this Code relating | ||
to aggravated
fleeing or attempting to elude a peace | ||
officer;
| ||
12. Violation of paragraph (1) of subsection (b) of | ||
Section 6-507,
or a similar law of any other state, | ||
relating to the
unlawful operation of a commercial motor | ||
vehicle;
| ||
13. Violation of paragraph (a) of Section 11-502 of | ||
this Code or a
similar provision of a local ordinance if | ||
the driver has been previously
convicted of a violation of | ||
that Section or a similar provision of a local
ordinance | ||
and the driver was less than 21 years of age at the time of | ||
the
offense.
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(b) The Secretary of State shall also immediately revoke | ||
the license
or permit of any driver in the following | ||
situations:
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1. Of any minor upon receiving the notice provided for | ||
in Section
5-901 of the Juvenile Court Act of 1987 that the | ||
minor has been
adjudicated under that Act as having | ||
committed an offense relating to
motor vehicles prescribed | ||
in Section 4-103 of this Code;
| ||
2. Of any person when any other law of this State | ||
requires either the
revocation or suspension of a license | ||
or permit.
| ||
(c) Whenever a person is convicted of any of the offenses | ||
enumerated in
this Section, the court may recommend and the | ||
Secretary of State in his
discretion, without regard to whether | ||
the recommendation is made by the
court may, upon application,
| ||
issue to the person a
restricted driving permit granting the | ||
privilege of driving a motor
vehicle between the petitioner's | ||
residence and petitioner's place
of employment or within the | ||
scope of the petitioner's employment related
duties, or to | ||
allow transportation for the petitioner or a household member
| ||
of the petitioner's family for the receipt of necessary medical | ||
care or, if
the professional evaluation indicates, provide | ||
transportation for the
petitioner for alcohol remedial or | ||
rehabilitative activity, or for the
petitioner to attend | ||
classes, as a student, in an accredited educational
| ||
institution; if the petitioner is able to demonstrate that no | ||
alternative means
of transportation is reasonably available | ||
and the petitioner will not endanger
the public safety or | ||
welfare; provided that the Secretary's discretion shall be
| ||
limited to cases where undue hardship would result from a | ||
failure to issue the
restricted driving permit.
| ||
If a person's license or permit has been revoked or | ||
suspended due to 2 or
more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or a similar out-of-state offense, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been equipped | ||
with an ignition
interlock device as defined in Section | ||
1-129.1.
|
If a person's license or permit has been revoked or | ||
suspended 2 or more
times within a 10 year period due to a | ||
single conviction of violating Section
11-501 of this Code or a | ||
similar provision of a local ordinance or a similar
| ||
out-of-state offense, and a statutory summary suspension under | ||
Section
11-501.1, or 2 or more statutory summary suspensions, | ||
or combination of 2
offenses, or of an offense and a statutory | ||
summary suspension, arising out of
separate occurrences, that | ||
person, if issued a restricted
driving permit, may not operate | ||
a vehicle unless it has been equipped with an
ignition | ||
interlock device as defined in Section 1-129.1.
The person must | ||
pay to the Secretary of State DUI Administration Fund an amount
| ||
not to exceed $20 per month. The Secretary shall establish by | ||
rule the amount
and the procedures, terms, and conditions | ||
relating to these fees.
If the restricted driving permit was | ||
issued for employment purposes, then
this provision does not | ||
apply to the operation of an occupational vehicle
owned or | ||
leased by that person's employer.
In each case the Secretary of | ||
State may issue a
restricted driving permit for a period he | ||
deems appropriate, except that the
permit shall expire within | ||
one year from the date of issuance. The Secretary
may not, | ||
however, issue a restricted driving permit to any person whose | ||
current
revocation is the result of a second or subsequent | ||
conviction for a violation
of Section 11-501 of this Code or a | ||
similar provision of a local ordinance
relating to the offense | ||
of operating or being in physical control of a motor
vehicle | ||
while under the influence of alcohol, other drug or drugs, | ||
intoxicating
compound or compounds, or any similar | ||
out-of-state offense, or any combination
thereof, until the | ||
expiration of at least one year from the date of the
| ||
revocation. A restricted
driving permit issued under this | ||
Section shall be
subject to cancellation, revocation, and | ||
suspension by the Secretary of
State in like manner and for | ||
like cause as a driver's license issued
under this Code may be | ||
cancelled, revoked, or
suspended; except that a conviction upon | ||
one or more offenses against laws or
ordinances regulating the |
movement of traffic shall be deemed sufficient cause
for the | ||
revocation, suspension, or cancellation of a restricted | ||
driving permit.
The Secretary of State may, as a condition to | ||
the issuance of a restricted
driving permit, require the | ||
applicant to participate in a designated driver
remedial or | ||
rehabilitative program. The Secretary of State is authorized to
| ||
cancel a restricted driving permit if the permit holder does | ||
not successfully
complete the program. However, if an | ||
individual's driving privileges have been
revoked in | ||
accordance with paragraph 13 of subsection (a) of this Section, | ||
no
restricted driving permit shall be issued until the | ||
individual has served 6
months of the revocation period.
| ||
(d) Whenever a person under the age of 21 is convicted | ||
under Section
11-501 of this Code or a similar provision of a | ||
local ordinance, the
Secretary of State shall revoke the | ||
driving privileges of that person. One
year after the date of | ||
revocation, and upon application, the Secretary of
State may, | ||
if satisfied that the person applying will not endanger the
| ||
public safety or welfare, issue a restricted driving permit | ||
granting the
privilege of driving a motor vehicle only between | ||
the hours of 5 a.m. and 9
p.m. or as otherwise provided by this | ||
Section for a period of one year.
After this one year period, | ||
and upon reapplication for a license as
provided in Section | ||
6-106, upon payment of the appropriate reinstatement
fee | ||
provided under paragraph (b) of Section 6-118, the Secretary of | ||
State,
in his discretion, may
issue the applicant a
license, or | ||
extend the restricted driving permit as many times as the
| ||
Secretary of State deems appropriate, by additional periods of | ||
not more than
12 months each, until the applicant attains 21 | ||
years of age.
| ||
If a person's license or permit has been revoked or | ||
suspended due to 2 or
more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or a similar out-of-state offense, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been equipped |
with an ignition
interlock device as defined in Section | ||
1-129.1.
| ||
If a person's license or permit has been revoked or | ||
suspended 2 or more times
within a 10 year period due to a | ||
single conviction of violating Section 11-501
of this
Code or a | ||
similar provision of a local ordinance or a similar | ||
out-of-state
offense, and
a statutory summary suspension under | ||
Section 11-501.1, or 2 or more statutory
summary
suspensions, | ||
or combination of 2 offenses, or of an offense and a statutory
| ||
summary
suspension, arising out of separate occurrences, that | ||
person, if issued a
restricted
driving permit, may not operate | ||
a vehicle unless it has been equipped with an
ignition | ||
interlock device as defined in Section 1-129.1.
The person must | ||
pay to the Secretary of State DUI Administration Fund an amount
| ||
not to exceed $20 per month. The Secretary shall establish by | ||
rule the amount
and the procedures, terms, and conditions | ||
relating to these fees.
If the restricted driving permit was | ||
issued for employment purposes, then
this provision does not | ||
apply to the operation of an occupational vehicle
owned or | ||
leased by that person's employer. A
restricted driving permit | ||
issued under this Section shall be subject to
cancellation, | ||
revocation, and suspension by the Secretary of State in like
| ||
manner and for like cause as a driver's license issued under | ||
this Code may be
cancelled, revoked, or suspended; except that | ||
a conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be deemed | ||
sufficient cause for the revocation, suspension, or
| ||
cancellation of a restricted driving permit.
The revocation | ||
periods contained in this subparagraph shall apply to similar
| ||
out-of-state convictions.
| ||
(e) This Section is subject to the provisions of the Driver | ||
License
Compact.
| ||
(f) Any revocation imposed upon any person under | ||
subsections 2
and 3 of paragraph (b) that is in effect on | ||
December 31, 1988 shall be
converted to a suspension for a like | ||
period of time.
|
(g) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been revoked
under any provisions of | ||
this Code.
| ||
(h) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second or subsequent | ||
offense under Section 11-501 of this Code or a similar
| ||
provision of a local ordinance. The Secretary shall establish | ||
by rule and
regulation the procedures for certification and use | ||
of the interlock
system.
| ||
(i) The Secretary of State may not issue a restricted | ||
driving permit for
a period of one year after a second or | ||
subsequent revocation of driving
privileges under clause | ||
(a)(2) of this Section; however, one
year after the date of a | ||
second or subsequent revocation of driving privileges
under | ||
clause (a)(2) of this Section, the Secretary of State may,
upon | ||
application, issue a restricted driving permit under the terms | ||
and
conditions of subsection (c).
| ||
(j) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been revoked under any | ||
provisions of this Code.
| ||
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | ||
92-651, eff.
7-11-02; 92-834, eff. 8-22-02; 93-120, eff. | ||
1-1-04.)
| ||
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||
Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or
permit; Right to a hearing.
| ||
(a) The Secretary of State is authorized to suspend or | ||
revoke the
driving privileges of any person without preliminary | ||
hearing upon a showing
of the person's records or other | ||
sufficient evidence that
the person:
| ||
1. Has committed an offense for which mandatory |
revocation of
a driver's license or permit is required upon | ||
conviction;
| ||
2. Has been convicted of not less than 3 offenses | ||
against traffic
regulations governing the movement of | ||
vehicles committed within any 12
month period. No | ||
revocation or suspension shall be entered more than
6 | ||
months after the date of last conviction;
| ||
3. Has been repeatedly involved as a driver in motor | ||
vehicle
collisions or has been repeatedly convicted of | ||
offenses against laws and
ordinances regulating the | ||
movement of traffic, to a degree that
indicates lack of | ||
ability to exercise ordinary and reasonable care in
the | ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws
and the safety of other persons upon the | ||
highway;
| ||
4. Has by the unlawful operation of a motor vehicle | ||
caused or
contributed to an accident resulting in death or | ||
injury requiring
immediate professional treatment in a | ||
medical facility or doctor's office
to any person, except | ||
that any suspension or revocation imposed by the
Secretary | ||
of State under the provisions of this subsection shall | ||
start no
later than 6 months after being convicted of | ||
violating a law or
ordinance regulating the movement of | ||
traffic, which violation is related
to the accident, or | ||
shall start not more than one year
after
the date of the | ||
accident, whichever date occurs later;
| ||
5. Has permitted an unlawful or fraudulent use of a | ||
driver's
license, identification card, or permit;
| ||
6. Has been lawfully convicted of an offense or | ||
offenses in another
state, including the authorization | ||
contained in Section 6-203.1, which
if committed within | ||
this State would be grounds for suspension or revocation;
| ||
7. Has refused or failed to submit to an examination | ||
provided for by
Section 6-207 or has failed to pass the | ||
examination;
| ||
8. Is ineligible for a driver's license or permit under |
the provisions
of Section 6-103;
| ||
9. Has made a false statement or knowingly concealed a | ||
material fact
or has used false information or | ||
identification in any application for a
license, | ||
identification card, or permit;
| ||
10. Has possessed, displayed, or attempted to | ||
fraudulently use any
license, identification card, or | ||
permit not issued to the person;
| ||
11. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driving privilege or privilege to | ||
obtain a driver's license
or permit was revoked or | ||
suspended unless the operation was authorized by
a judicial | ||
driving permit, probationary license to drive, or a | ||
restricted
driving permit issued under this Code;
| ||
12. Has submitted to any portion of the application | ||
process for
another person or has obtained the services of | ||
another person to submit to
any portion of the application | ||
process for the purpose of obtaining a
license, | ||
identification card, or permit for some other person;
| ||
13. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driver's license or permit was | ||
invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||
14. Has committed a violation of Section 6-301, | ||
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||
of the Illinois Identification Card
Act;
| ||
15. Has been convicted of violating Section 21-2 of the | ||
Criminal Code
of 1961 relating to criminal trespass to | ||
vehicles in which case, the suspension
shall be for one | ||
year;
| ||
16. Has been convicted of violating Section 11-204 of | ||
this Code relating
to fleeing from a peace officer;
| ||
17. Has refused to submit to a test, or tests, as | ||
required under Section
11-501.1 of this Code and the person | ||
has not sought a hearing as
provided for in Section | ||
11-501.1;
| ||
18. Has, since issuance of a driver's license or |
permit, been adjudged
to be afflicted with or suffering | ||
from any mental disability or disease;
| ||
19. Has committed a violation of paragraph (a) or (b) | ||
of Section 6-101
relating to driving without a driver's | ||
license;
| ||
20. Has been convicted of violating Section 6-104 | ||
relating to
classification of driver's license;
| ||
21. Has been convicted of violating Section 11-402 of
| ||
this Code relating to leaving the scene of an accident | ||
resulting in damage
to a vehicle in excess of $1,000, in | ||
which case the suspension shall be
for one year;
| ||
22. Has used a motor vehicle in violating paragraph | ||
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||
the Criminal Code of 1961 relating
to unlawful use of | ||
weapons, in which case the suspension shall be for one
| ||
year;
| ||
23. Has, as a driver, been convicted of committing a | ||
violation of
paragraph (a) of Section 11-502 of this Code | ||
for a second or subsequent
time within one year of a | ||
similar violation;
| ||
24. Has been convicted by a court-martial or punished | ||
by non-judicial
punishment by military authorities of the | ||
United States at a military
installation in Illinois of or | ||
for a traffic related offense that is the
same as or | ||
similar to an offense specified under Section 6-205 or | ||
6-206 of
this Code;
| ||
25. Has permitted any form of identification to be used | ||
by another in
the application process in order to obtain or | ||
attempt to obtain a license,
identification card, or | ||
permit;
| ||
26. Has altered or attempted to alter a license or has | ||
possessed an
altered license, identification card, or | ||
permit;
| ||
27. Has violated Section 6-16 of the Liquor Control Act | ||
of 1934;
| ||
28. Has been convicted of the illegal possession, while |
operating or
in actual physical control, as a driver, of a | ||
motor vehicle, of any
controlled substance prohibited | ||
under the Illinois Controlled Substances
Act or any | ||
cannabis prohibited under the provisions of the Cannabis | ||
Control
Act, in which case the person's driving privileges | ||
shall be suspended for
one year, and any driver who is | ||
convicted of a second or subsequent
offense, within 5 years | ||
of a previous conviction, for the illegal
possession, while | ||
operating or in actual physical control, as a driver, of
a | ||
motor vehicle, of any controlled substance prohibited | ||
under the
provisions of the Illinois Controlled Substances | ||
Act or any cannabis
prohibited under the Cannabis Control | ||
Act shall be suspended for 5 years.
Any defendant found | ||
guilty of this offense while operating a motor vehicle,
| ||
shall have an entry made in the court record by the | ||
presiding judge that
this offense did occur while the | ||
defendant was operating a motor vehicle
and order the clerk | ||
of the court to report the violation to the Secretary
of | ||
State;
| ||
29. Has been convicted of the following offenses that | ||
were committed
while the person was operating or in actual | ||
physical control, as a driver,
of a motor vehicle: criminal | ||
sexual assault,
predatory criminal sexual assault of a | ||
child,
aggravated criminal sexual
assault, criminal sexual | ||
abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||
soliciting for a juvenile prostitute and the manufacture, | ||
sale or
delivery of controlled substances or instruments | ||
used for illegal drug use
or abuse in which case the | ||
driver's driving privileges shall be suspended
for one | ||
year;
| ||
30. Has been convicted a second or subsequent time for | ||
any
combination of the offenses named in paragraph 29 of | ||
this subsection,
in which case the person's driving | ||
privileges shall be suspended for 5
years;
| ||
31. Has refused to submit to a test as
required by | ||
Section 11-501.6 or has submitted to a test resulting in
an |
alcohol concentration of 0.08 or more or any amount of a | ||
drug, substance, or
compound resulting from the unlawful | ||
use or consumption of cannabis as listed
in the Cannabis | ||
Control Act, a controlled substance as listed in the | ||
Illinois
Controlled Substances Act, or an intoxicating | ||
compound as listed in the Use of
Intoxicating Compounds | ||
Act, in which case the penalty shall be
as prescribed in | ||
Section 6-208.1;
| ||
32. Has been convicted of Section 24-1.2 of the | ||
Criminal Code of
1961 relating to the aggravated discharge | ||
of a firearm if the offender was
located in a motor vehicle | ||
at the time the firearm was discharged, in which
case the | ||
suspension shall be for 3 years;
| ||
33. Has as a driver, who was less than 21 years of age | ||
on the date of
the offense, been convicted a first time of | ||
a violation of paragraph (a) of
Section 11-502 of this Code | ||
or a similar provision of a local ordinance;
| ||
34. Has committed a violation of Section 11-1301.5 of | ||
this Code;
| ||
35. Has committed a violation of Section 11-1301.6 of | ||
this Code;
| ||
36. Is under the age of 21 years at the time of arrest | ||
and has been
convicted of not less than 2 offenses against | ||
traffic regulations governing
the movement of vehicles | ||
committed within any 24 month period. No revocation
or | ||
suspension shall be entered more than 6 months after the | ||
date of last
conviction;
| ||
37. Has committed a violation of subsection (c) of | ||
Section 11-907 of this
Code;
| ||
38. Has been convicted of a violation of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance;
| ||
39. Has committed a second or subsequent violation of | ||
Section
11-1201 of this Code; or
| ||
40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of
this Code ; or . |
41.
40. Has committed a second or subsequent violation | ||
of Section 11-605.1 of this Code within 2 years of the date | ||
of the previous violation, in which case the suspension | ||
shall be for 90 days. | ||
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||
and 27 of this
subsection, license means any driver's license, | ||
any traffic ticket issued when
the person's driver's license is | ||
deposited in lieu of bail, a suspension
notice issued by the | ||
Secretary of State, a duplicate or corrected driver's
license, | ||
a probationary driver's license or a temporary driver's | ||
license.
| ||
(b) If any conviction forming the basis of a suspension or
| ||
revocation authorized under this Section is appealed, the
| ||
Secretary of State may rescind or withhold the entry of the | ||
order of suspension
or revocation, as the case may be, provided | ||
that a certified copy of a stay
order of a court is filed with | ||
the Secretary of State. If the conviction is
affirmed on | ||
appeal, the date of the conviction shall relate back to the | ||
time
the original judgment of conviction was entered and the 6 | ||
month limitation
prescribed shall not apply.
| ||
(c) 1. Upon suspending or revoking the driver's license or | ||
permit of
any person as authorized in this Section, the | ||
Secretary of State shall
immediately notify the person in | ||
writing of the revocation or suspension.
The notice to be | ||
deposited in the United States mail, postage prepaid,
to | ||
the last known address of the person.
| ||
2. If the Secretary of State suspends the driver's | ||
license
of a person under subsection 2 of paragraph (a) of | ||
this Section, a
person's privilege to operate a vehicle as | ||
an occupation shall not be
suspended, provided an affidavit | ||
is properly completed, the appropriate fee
received, and a | ||
permit issued prior to the effective date of the
| ||
suspension, unless 5 offenses were committed, at least 2 of | ||
which occurred
while operating a commercial vehicle in | ||
connection with the driver's
regular occupation. All other | ||
driving privileges shall be suspended by the
Secretary of |
State. Any driver prior to operating a vehicle for
| ||
occupational purposes only must submit the affidavit on | ||
forms to be
provided by the Secretary of State setting | ||
forth the facts of the person's
occupation. The affidavit | ||
shall also state the number of offenses
committed while | ||
operating a vehicle in connection with the driver's regular
| ||
occupation. The affidavit shall be accompanied by the | ||
driver's license.
Upon receipt of a properly completed | ||
affidavit, the Secretary of State
shall issue the driver a | ||
permit to operate a vehicle in connection with the
driver's | ||
regular occupation only. Unless the permit is issued by the
| ||
Secretary of State prior to the date of suspension, the | ||
privilege to drive
any motor vehicle shall be suspended as | ||
set forth in the notice that was
mailed under this Section. | ||
If an affidavit is received subsequent to the
effective | ||
date of this suspension, a permit may be issued for the | ||
remainder
of the suspension period.
| ||
The provisions of this subparagraph shall not apply to | ||
any driver
required to possess a CDL for the purpose of | ||
operating a commercial motor vehicle
obtain a commercial | ||
driver's license under Section 6-507 during
the period of a | ||
disqualification of commercial driving privileges under
| ||
Section 6-514 .
| ||
Any person who falsely states any fact in the affidavit | ||
required
herein shall be guilty of perjury under Section | ||
6-302 and upon conviction
thereof shall have all driving | ||
privileges revoked without further rights.
| ||
3. At the conclusion of a hearing under Section 2-118 | ||
of this Code,
the Secretary of State shall either rescind | ||
or continue an order of
revocation or shall substitute an | ||
order of suspension; or, good
cause appearing therefor, | ||
rescind, continue, change, or extend the
order of | ||
suspension. If the Secretary of State does not rescind the | ||
order,
the Secretary may upon application,
to relieve undue | ||
hardship, issue
a restricted driving permit granting the | ||
privilege of driving a motor
vehicle between the |
petitioner's residence and petitioner's place of
| ||
employment or within the scope of his employment related | ||
duties, or to
allow transportation for the petitioner, or a | ||
household member of the
petitioner's family, to receive | ||
necessary medical care and if the
professional evaluation | ||
indicates, provide transportation for alcohol
remedial or | ||
rehabilitative activity, or for the petitioner to attend
| ||
classes, as a student, in an accredited educational | ||
institution; if the
petitioner is able to demonstrate that | ||
no alternative means of
transportation is reasonably | ||
available and the petitioner will not endanger
the public | ||
safety or welfare.
| ||
If a person's license or permit has been revoked or | ||
suspended due to 2
or more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, arising out
of | ||
separate occurrences, that person, if issued a restricted | ||
driving permit,
may not operate a vehicle unless it has | ||
been equipped with an ignition
interlock device as defined | ||
in Section 1-129.1.
| ||
If a person's license or permit has been revoked or | ||
suspended 2 or more
times within a 10 year period due to a | ||
single conviction of violating Section
11-501 of this Code | ||
or a similar provision of a local ordinance or a similar
| ||
out-of-state offense, and a statutory summary suspension | ||
under Section
11-501.1, or 2 or more statutory summary | ||
suspensions, or combination of 2
offenses, or of an offense | ||
and a statutory summary suspension, arising out of
separate | ||
occurrences, that person, if issued a restricted driving | ||
permit, may
not operate a vehicle unless it has been
| ||
equipped with an ignition interlock device as defined in | ||
Section 1-129.1.
The person must pay to the Secretary of | ||
State DUI Administration Fund an amount
not to exceed $20 | ||
per month. The Secretary shall establish by rule the amount
| ||
and the procedures, terms, and conditions relating to these | ||
fees. If the
restricted driving permit was issued for |
employment purposes, then this
provision does not apply to | ||
the operation of an occupational vehicle owned or
leased by | ||
that person's employer. In each case the Secretary may | ||
issue a
restricted driving permit for a period deemed | ||
appropriate, except that all
permits shall expire within | ||
one year from the date of issuance. The Secretary
may not, | ||
however, issue a restricted driving permit to any person | ||
whose current
revocation is the result of a second or | ||
subsequent conviction for a violation
of Section 11-501 of | ||
this Code or a similar provision of a local ordinance
| ||
relating to the offense of operating or being in physical | ||
control of a motor
vehicle while under the influence of | ||
alcohol, other drug or drugs, intoxicating
compound or | ||
compounds, or any similar out-of-state offense, or any | ||
combination
of those offenses, until the expiration of at | ||
least one year from the date of
the revocation. A
| ||
restricted driving permit issued under this Section shall | ||
be subject to
cancellation, revocation, and suspension by | ||
the Secretary of State in like
manner and for like cause as | ||
a driver's license issued under this Code may be
cancelled, | ||
revoked, or suspended; except that a conviction upon one or | ||
more
offenses against laws or ordinances regulating the | ||
movement of traffic
shall be deemed sufficient cause for | ||
the revocation, suspension, or
cancellation of a | ||
restricted driving permit. The Secretary of State may, as
a | ||
condition to the issuance of a restricted driving permit, | ||
require the
applicant to participate in a designated driver | ||
remedial or rehabilitative
program. The Secretary of State | ||
is authorized to cancel a restricted
driving permit if the | ||
permit holder does not successfully complete the program.
| ||
(c-5) The Secretary of State may, as a condition of the | ||
reissuance of a
driver's license or permit to an applicant | ||
whose driver's license or permit has
been suspended before he | ||
or she reached the age of 18 years pursuant to any of
the | ||
provisions of this Section, require the applicant to | ||
participate in a
driver remedial education course and be |
retested under Section 6-109 of this
Code.
| ||
(d) This Section is subject to the provisions of the | ||
Drivers License
Compact.
| ||
(e) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been suspended
or revoked under any | ||
provisions of this Code.
| ||
(f) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been revoked under any | ||
provisions of this Code.
| ||
(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; | ||
92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. | ||
1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04; 93-667, eff. | ||
3-19-04; 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; revised | ||
10-22-04.)
| ||
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
| ||
Sec. 6-206.1. Judicial Driving Permit. Declaration of | ||
Policy. It is hereby declared a policy of the
State of Illinois | ||
that the driver who is impaired by alcohol, other drug or
| ||
drugs, or intoxicating compound or compounds is a
threat to the | ||
public safety and welfare. Therefore, to
provide a deterrent to | ||
such practice and to remove problem drivers from
the highway, a | ||
statutory summary driver's license suspension is appropriate.
| ||
It is also recognized that driving is a privilege and | ||
therefore, that in some
cases the granting of limited driving | ||
privileges, where consistent with public
safety, is warranted | ||
during the period of suspension in the form of a judicial
| ||
driving permit to drive for the purpose of employment, | ||
receiving drug treatment
or medical care, and educational | ||
pursuits, where no alternative means of
transportation is | ||
available.
| ||
The following procedures shall apply whenever
a first | ||
offender is arrested for any offense as defined in Section |
11-501
or a similar provision of a local ordinance:
| ||
(a) Subsequent to a notification of a statutory summary | ||
suspension of
driving privileges as provided in Section | ||
11-501.1, the first offender as
defined in Section 11-500 may | ||
petition the circuit court of venue for a
Judicial Driving | ||
Permit, hereinafter referred as a JDP, to relieve undue
| ||
hardship. The court may issue a court order, pursuant to the | ||
criteria
contained in this Section, directing the Secretary of | ||
State to issue such
a JDP to the petitioner. A JDP shall not | ||
become effective prior to the 31st
day of the original | ||
statutory summary suspension and shall always be
subject to the | ||
following criteria:
| ||
1. If ordered for the purposes of employment, the JDP | ||
shall be only for
the purpose of providing the petitioner | ||
the privilege of driving a motor
vehicle between the | ||
petitioner's residence and the petitioner's place of
| ||
employment and return; or within the scope of the | ||
petitioner's employment
related duties, shall be effective | ||
only during and limited to
those specific times and routes | ||
actually
required to commute or perform the petitioner's | ||
employment related duties.
| ||
2. The court, by a court order, may also direct the | ||
Secretary
of State to issue a JDP to allow transportation | ||
for the petitioner,
or a household member of the | ||
petitioner's family, to receive alcohol, drug, or | ||
intoxicating compound treatment or medical care, if the
| ||
petitioner is able to
demonstrate that no alternative means | ||
of transportation is reasonably
available. Such JDP shall | ||
be effective only during the specific
times actually | ||
required to commute.
| ||
3. The court, by a court order, may also direct the | ||
Secretary of State
to issue a JDP to allow transportation | ||
by the petitioner for educational
purposes upon | ||
demonstrating that there are no alternative means of
| ||
transportation reasonably available to accomplish those | ||
educational
purposes. Such JDP shall be only for the |
purpose of providing
transportation to and from the | ||
petitioner's residence and the petitioner's
place of | ||
educational activity, and only during the specific times | ||
and
routes actually required to commute or perform the | ||
petitioner's educational
requirement.
| ||
4. The Court shall not issue an order granting a JDP | ||
to:
| ||
(i) Any person unless and until the court, after
| ||
considering the results of a current professional | ||
evaluation of the person's
alcohol or other drug use by | ||
an agency pursuant to Section 15-10 of the
Alcoholism | ||
and Other Drug Abuse and
Dependency Act and other | ||
appropriate investigation of the
person, is satisfied | ||
that granting the privilege of
driving a motor vehicle | ||
on the highways will not endanger the public safety or
| ||
welfare.
| ||
(ii) Any person who has been convicted of reckless | ||
homicide within
the previous 5 years.
| ||
(iii) Any person whose privilege to operate a motor | ||
vehicle
was invalid at the time of arrest for the | ||
current violation of Section 11-501,
or a similar | ||
provision of a local ordinance, except in cases where | ||
the cause
for a driver's license suspension has been | ||
removed at the time a JDP is
effective. In any case, | ||
should the Secretary of State enter a suspension or
| ||
revocation of driving privileges pursuant to the | ||
provisions of this Code
while the JDP is in effect or | ||
pending, the Secretary shall take the
prescribed | ||
action and provide a notice to the person and the court | ||
ordering
the issuance of the JDP that all driving | ||
privileges, including those provided
by the issuance | ||
of the JDP, have been withdrawn.
| ||
(iv) Any person under the age of 18 years. | ||
(v) Any person for the operation of a commercial | ||
motor vehicle if the person's CDL driving privileges | ||
have been suspended under any provision of this Code in |
accordance with 49 C.F.R. Part 384.
| ||
(b) Prior to ordering the issuance of a JDP the Court | ||
should consider at
least, but not be limited to, the following | ||
issues:
| ||
1. Whether the person is employed and no other means of | ||
commuting to the
place of employment is available or that | ||
the person must drive as a
condition of employment. The | ||
employer shall certify the hours of
employment and the need | ||
and parameters necessary for driving as a
condition to | ||
employment.
| ||
2. Whether the person must drive to secure alcohol or | ||
other medical
treatment for himself or a family member.
| ||
3. Whether the person must drive for educational | ||
purposes. The
educational institution shall certify the | ||
person's enrollment in and
academic schedule at the | ||
institution.
| ||
4. Whether the person has been repeatedly convicted of | ||
traffic
violations or involved in motor vehicle accidents | ||
to a degree which
indicates disrespect for public safety.
| ||
5. Whether the person has been convicted of a traffic | ||
violation in
connection with a traffic accident resulting | ||
in the death of any person
within the last 5 years.
| ||
6. Whether the person is likely to obey the limited | ||
provisions of the
JDP.
| ||
7. Whether the person has any additional traffic | ||
violations pending
in any court.
| ||
For purposes of this Section, programs conducting | ||
professional
evaluations of a person's alcohol, other drug, or | ||
intoxicating
compound use must report, to the
court of venue, | ||
using a form prescribed by the Secretary of State. A copy
of | ||
such evaluations shall be sent to the Secretary of State by the | ||
court.
However, the evaluation information shall be privileged | ||
and only available
to courts and to the Secretary of State, but | ||
shall not be admissible in the
subsequent trial on the | ||
underlying charge.
| ||
(c) The scope of any court order issued for a JDP under |
this Section
shall be limited to
the operation of a motor | ||
vehicle as provided for in subsection (a) of
this Section and | ||
shall specify the petitioner's residence, place of
employment | ||
or location of educational institution, and the scope of job
| ||
related duties, if relevant. The JDP shall also specify days of | ||
the week
and specific hours
of the day when the petitioner is | ||
able to exercise the limited privilege of
operating a motor | ||
vehicle.
If the Petitioner, who has been granted a JDP, is | ||
issued a citation for a
traffic related offense, including | ||
operating a motor vehicle outside the
limitations prescribed in | ||
the JDP or a violation of Section 6-303, or is
convicted of any | ||
such an offense during the term
of the JDP, the court shall | ||
consider cancellation of the limited driving
permit. In any | ||
case, if the Petitioner commits an offense, as defined in
| ||
Section 11-501, or a similar provision of a local ordinance, as | ||
evidenced
by the issuance of a Uniform Traffic Ticket, the JDP | ||
shall be forwarded by
the court of venue to the court ordering | ||
the issuance of the JDP, for
cancellation. The court shall | ||
notify the Secretary of State of any
such cancellation.
| ||
(d) The Secretary of State shall, upon receiving a court | ||
order
from the court of venue, issue a JDP to a successful | ||
Petitioner under this
Section. Such court order form shall also | ||
contain a notification, which
shall be sent to the Secretary of | ||
State, providing the name, driver's
license number and legal | ||
address of the successful petitioner, and the full
and detailed | ||
description of the limitations of the JDP. This information
| ||
shall be available only to the courts, police officers, and the | ||
Secretary
of State, except during the actual period the JDP is | ||
valid, during which
time it shall be a public record. The | ||
Secretary of State shall design and
furnish to the courts an | ||
official court order form to be used by the courts
when | ||
directing the Secretary of State to issue a JDP.
| ||
Any submitted court order that contains insufficient data | ||
or fails to
comply with this Code shall not be utilized for JDP | ||
issuance or entered to
the driver record but shall be returned | ||
to the issuing court indicating why
the JDP cannot be so |
entered. A notice of this action shall also be sent
to the JDP | ||
petitioner by the Secretary of State.
| ||
(e) The circuit court of venue may conduct the judicial | ||
hearing, as
provided in Section 2-118.1, and the JDP hearing | ||
provided in this Section,
concurrently. Such concurrent | ||
hearing shall proceed in the court in the
same manner as in | ||
other civil proceedings.
| ||
(f) The circuit court of venue may, as a condition of the | ||
issuance of
a JDP, prohibit the person from operating a motor | ||
vehicle not equipped with an
ignition interlock device.
| ||
(Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99; 91-127, | ||
eff.
1-1-00.)
| ||
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||
Sec. 6-500. Definitions of words and phrases. | ||
Notwithstanding the
definitions set forth elsewhere in this
| ||
Code, for purposes of the Uniform Commercial Driver's License | ||
Act
(UCDLA), the words and phrases listed below have the | ||
meanings
ascribed to them as follows:
| ||
(1) Alcohol. "Alcohol" means any substance containing any | ||
form of
alcohol, including but not limited to ethanol,
| ||
methanol,
propanol, and
isopropanol.
| ||
(2) Alcohol concentration. "Alcohol concentration" means:
| ||
(A) the number of grams of alcohol per 210 liters of | ||
breath;
or
| ||
(B) the number of grams of alcohol per 100 milliliters | ||
of
blood; or
| ||
(C) the number of grams of alcohol per 67 milliliters | ||
of
urine.
| ||
Alcohol tests administered within 2 hours of the driver | ||
being
"stopped or detained" shall be considered that driver's | ||
"alcohol
concentration" for the purposes of enforcing this | ||
UCDLA.
| ||
(3) (Blank).
| ||
(4) (Blank).
| ||
(5) (Blank).
|
(6) Commercial Motor Vehicle.
| ||
(A) "Commercial motor vehicle" or "CMV" means
a motor | ||
vehicle, except those referred to in subdivision (B), | ||
designed
to transport passengers or property if:
| ||
(i) the vehicle has a GVWR of 26,001 pounds or more | ||
or such
a
lesser GVWR as subsequently determined by | ||
federal regulations or the Secretary
of State; or any
| ||
combination of vehicles with a GCWR of 26,001 pounds or | ||
more, provided the
GVWR of any vehicle or vehicles | ||
being towed is 10,001 pounds or more; or
| ||
(ii) the vehicle is designed to transport 16 or | ||
more
persons;
or
| ||
(iii) the vehicle is transporting hazardous | ||
materials and
is
required to
be placarded in accordance | ||
with 49 C.F.R. Part 172, subpart F.
| ||
(B) Pursuant to the interpretation of the Commercial | ||
Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||
Administration, the definition of
"commercial motor | ||
vehicle" does not include:
| ||
(i) recreational vehicles, when operated primarily | ||
for personal use;
| ||
(ii) United States Department of Defense vehicles | ||
being operated by
non-civilian personnel. This | ||
includes any operator on active military
duty; members | ||
of the Reserves; National Guard; personnel on | ||
part-time
training; and National Guard military | ||
technicians (civilians who are
required to wear | ||
military uniforms and are subject to the Code of | ||
Military
Justice); or
| ||
(iii) firefighting and other emergency equipment | ||
with audible and
visual signals, owned or operated
by | ||
or for a
governmental entity, which is necessary to the | ||
preservation of life or
property or the execution of | ||
emergency governmental functions which are
normally | ||
not subject to general traffic rules and regulations.
| ||
(7) Controlled Substance. "Controlled substance" shall |
have the same
meaning as defined in Section 102 of the Illinois | ||
Controlled Substances Act,
and shall also include cannabis as | ||
defined in Section 3 of the Cannabis Control
Act.
| ||
(8) Conviction. "Conviction" means an unvacated | ||
adjudication of guilt
or a determination that a person has | ||
violated or failed to comply with the
law in a court of | ||
original jurisdiction or an authorized administrative
| ||
tribunal; an unvacated forfeiture of bail or collateral | ||
deposited to secure
the person's appearance in court; the | ||
payment of a fine or court cost
regardless of whether the | ||
imposition of sentence is deferred and ultimately
a judgment | ||
dismissing the underlying charge is entered; or a violation of | ||
a
condition of release without bail, regardless of whether or | ||
not the penalty
is rebated, suspended or probated.
| ||
(9) (Blank).
| ||
(10) (Blank).
| ||
(11) (Blank).
| ||
(12) (Blank).
| ||
(13) Driver. "Driver" means any person who drives, | ||
operates, or is in
physical control of a commercial motor | ||
vehicle, any person
or who is required to hold a
CDL , or any | ||
person who is a holder of a CDL while operating a | ||
non-commercial motor vehicle .
| ||
(14) Employee. "Employee" means a person who is employed as | ||
a
commercial
motor vehicle driver. A person who is | ||
self-employed as a commercial motor
vehicle driver must comply | ||
with the requirements of this UCDLA
pertaining to employees. An
| ||
owner-operator on a long-term lease shall be considered an | ||
employee.
| ||
(15) Employer. "Employer" means a person (including the | ||
United
States, a State or a local authority) who owns or leases | ||
a commercial motor
vehicle or assigns employees to operate such | ||
a vehicle. A person who is
self-employed as a commercial motor | ||
vehicle driver must
comply with the requirements of this UCDLA.
| ||
(16) (Blank).
| ||
(16.5) Fatality. "Fatality" means the death of a person as |
a result of a motor vehicle accident.
| ||
(17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||
sovereign
jurisdiction that does not fall within the definition | ||
of "State".
| ||
(18) (Blank).
| ||
(19) (Blank).
| ||
(20) Hazardous Material. Upon a finding by the United | ||
States
Secretary of Transportation, in his or her discretion, | ||
under 49 App. U.S.C.
5103(a), that the transportation of a | ||
particular quantity and form of
material in commerce may pose | ||
an unreasonable risk to health and safety or
property, he or | ||
she shall designate the quantity and form of material or group
| ||
or class of the materials as a hazardous material. The | ||
materials so
designated may include but are not limited to | ||
explosives, radioactive
materials, etiologic agents, flammable | ||
liquids or solids, combustible liquids
or solids, poisons, | ||
oxidizing or corrosive materials, and compressed gases.
| ||
(20.5) Imminent Hazard. "Imminent hazard" means the | ||
existence of a condition that presents a substantial likelihood | ||
that death, serious illness, severe personal injury, or a | ||
substantial endangerment to health, property, or the | ||
environment may occur before the reasonably foreseeable | ||
completion date of a formal proceeding begun to lessen the risk | ||
of that death, illness, injury or endangerment.
| ||
(21) Long-term lease. "Long-term lease" means a lease of a | ||
commercial
motor vehicle by the owner-lessor to a lessee, for a | ||
period of more than 29
days.
| ||
(22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||
which is self-propelled, and every vehicle which is propelled | ||
by electric
power obtained from over head trolley wires but not | ||
operated upon rails,
except vehicles moved solely by human | ||
power and motorized wheel chairs.
| ||
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||
combination of motor vehicles not defined by the term | ||
"commercial motor vehicle" or "CMV" in this Section.
| ||
(23) Non-resident CDL. "Non-resident CDL" means a |
commercial driver's
license issued by a state under either of | ||
the following two conditions: | ||
(i) to an individual domiciled in a foreign country | ||
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||
of the Federal Motor Carrier Safety Administration.
| ||
(ii) to an individual domiciled in another state | ||
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||
of the Federal Motor Carrier Safety Administration.
to an | ||
individual who is domiciled in a foreign
jurisdiction.
| ||
(24) (Blank).
| ||
(25) (Blank).
| ||
(25.5) Railroad-Highway Grade Crossing Violation. | ||
"Railroad-highway
grade
crossing violation" means a
violation, | ||
while operating a commercial motor vehicle, of
any
of the | ||
following:
| ||
(A) Section 11-1201, 11-1202, or 11-1425 of this
| ||
Code.
| ||
(B) (C) (D) (E) (F) (G) (H) Any other similar
law | ||
or local ordinance of any state relating to
| ||
railroad-highway grade crossing. (A) (G)
| ||
(25.7) School Bus. "School bus" means a commercial motor | ||
vehicle used to transport pre-primary, primary, or secondary | ||
school students from home to school, from school to home, or to | ||
and from school-sponsored events. "School bus" does not include | ||
a bus used as a common carrier.
| ||
(26) Serious Traffic Violation. "Serious traffic | ||
violation"
means:
| ||
(A) a conviction when operating a commercial motor | ||
vehicle , or when operating a non-CMV while holding a CDL,
| ||
of:
| ||
(i) a violation relating to excessive speeding,
| ||
involving a single speeding charge of 15 miles per hour | ||
or more above the
legal speed limit; or
| ||
(ii) a violation relating to reckless driving; or
| ||
(iii) a violation of any State law or local | ||
ordinance relating to motor
vehicle traffic control |
(other than parking violations) arising in
connection | ||
with a fatal traffic accident; or
| ||
(iv) a violation of Section 6-501, relating to | ||
having multiple driver's
licenses; or
| ||
(v) a violation of paragraph (a) of Section 6-507, | ||
relating to the
requirement to have a valid CDL; or
| ||
(vi) a violation relating to improper or erratic | ||
traffic lane changes;
or
| ||
(vii) a violation relating to following another | ||
vehicle too closely; or
| ||
(B) any other similar violation of a law or local
| ||
ordinance of any state relating to motor vehicle traffic | ||
control, other
than a parking violation, which the | ||
Secretary of State determines by
administrative rule to be | ||
serious.
| ||
(27) State. "State" means a state of the United States, the | ||
District of
Columbia and any province or territory of Canada.
| ||
(28) (Blank).
| ||
(29) (Blank).
| ||
(30) (Blank).
| ||
(31) (Blank).
| ||
(Source: P.A. 92-249, eff. 1-1-02; 92-651, eff. 7-11-02; | ||
92-834, eff.
8-22-02; revised 8-26-02.)
| ||
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
| ||
Sec. 6-507. Commercial Driver's License (CDL) Required.
| ||
(a) Except as expressly permitted by this UCDLA, or when | ||
driving
pursuant to the issuance of a commercial driver | ||
instruction permit and
accompanied by the holder of a CDL valid | ||
for the vehicle being driven; no
person shall drive a | ||
commercial motor vehicle on the highways without: | ||
(1) a CDL in the driver's possession; | ||
(2) having obtained a CDL; or | ||
(3) the proper class of CDL or endorsements for the | ||
specific vehicle group being operated or for the passengers | ||
or type of cargo being transported.
unless the person has |
been issued, and is in the immediate possession of, a
CDL | ||
bearing all applicable endorsements valid for type or | ||
classification of
the commercial vehicle being driven.
| ||
(b) Except as otherwise provided by this Code, no person | ||
may drive a
commercial motor vehicle on the highways while such | ||
person's driving
privilege, license or permit is:
| ||
(1) Suspended, revoked, cancelled, or subject to
| ||
disqualification. Any person convicted of violating this | ||
provision or a
similar provision of this or any other state | ||
shall have their driving
privileges revoked under | ||
paragraph 12 of subsection (a) of Section 6-205 of
this | ||
Code.
| ||
(2) Subject to or in violation of an "out-of-service"
| ||
order. Any person who has been issued a CDL and is | ||
convicted of violating
this provision or a similar | ||
provision of any other state shall be disqualified
from | ||
operating a commercial motor vehicle under subsection (i) | ||
of Section 6-514
of this Code.
| ||
(3) Subject to or in violation of an "out of service" | ||
order and
while transporting passengers or hazardous | ||
materials. Any person who has been
issued a CDL and is | ||
convicted of violating this provision or a similar
| ||
provision of this or any other state shall be disqualified | ||
from operating a
commercial motor vehicle under subsection | ||
(i) of Section 6-514 of this Code.
| ||
(c) Pursuant to the options provided to the States by FHWA | ||
Docket No.
MC-88-8, the driver of any motor vehicle controlled | ||
or operated by or for a
farmer is waived from the requirements | ||
of this Section, when such motor
vehicle is being used to | ||
transport: agricultural products; implements of
husbandry; or | ||
farm supplies; as long as such movement is not over 150 air
| ||
miles from the originating farm. This waiver does not apply to
| ||
the driver of any motor vehicle
being used in a common or | ||
contract carrier type operation.
However, for those drivers of | ||
any truck-tractor
semitrailer combination or combinations | ||
registered under subsection (c) of
Section 3-815 of this Code, |
this waiver shall apply only when the
driver is a farmer or a | ||
member of the farmer's family and the driver is 21
years
of age | ||
or more and has successfully completed any
tests the Secretary | ||
of State deems necessary.
| ||
In addition, the farmer or a member of the farmer's family | ||
who operates a
truck-tractor semitrailer combination or | ||
combinations pursuant to this waiver
shall be granted all of | ||
the rights and shall be subject to all of the duties
and | ||
restrictions with respect to Sections 6-514 and 6-515 of this | ||
Code
applicable to the driver who possesses a commercial | ||
driver's license issued
under this Code, except that the driver | ||
shall not be subject to any additional
duties or restrictions | ||
contained
in Part 382 of the Federal Motor Carrier Safety | ||
Regulations that are
not otherwise imposed under Section 6-514 | ||
or 6-515 of this Code.
| ||
For purposes of this subsection (c), a member of the | ||
farmer's family is a
natural or in-law spouse, child, parent, | ||
or sibling.
| ||
(c-5) An employee of a township or road district with a | ||
population of
less
than 3,000 operating a vehicle within the | ||
boundaries of the township or road
district for the purpose of | ||
removing snow or ice from a roadway by plowing,
sanding, or | ||
salting is waived from the requirements of this Section when | ||
the
employee is needed to operate the vehicle because the | ||
employee of the township
or road district who ordinarily | ||
operates the vehicle and who has a commercial
driver's license | ||
is unable to operate the vehicle or is in need of additional
| ||
assistance due to a snow emergency.
| ||
(d) Any person convicted of violating this Section, shall | ||
be guilty of a
Class A misdemeanor.
| ||
(e) Any person convicted of violating paragraph (b) of this | ||
Section,
shall have all driving privileges revoked by the | ||
Secretary of State.
| ||
(f) This Section shall not apply to:
| ||
(1) A person who currently holds a valid Illinois | ||
driver's license,
for the type of vehicle being operated, |
until the expiration of such
license or April 1, 1992, | ||
whichever is earlier; or
| ||
(2) A non-Illinois domiciliary who is properly | ||
licensed in another
State, until April 1, 1992. A | ||
non-Illinois domiciliary, if such
domiciliary is properly | ||
licensed in another State or foreign jurisdiction,
until | ||
April 1, 1992.
| ||
(Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 10-1-96; | ||
90-386, eff.
8-15-97; 90-655, eff. 7-30-98.)
| ||
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||
Sec. 6-508. Commercial Driver's License (CDL) - | ||
qualification standards.
| ||
(a) Testing.
| ||
(1) General. No person shall be issued an original or | ||
renewal CDL
unless that person is
domiciled in this State. | ||
The Secretary shall cause to be administered such
tests as | ||
the Secretary deems necessary to meet the requirements of | ||
49
C.F.R. Part 383, subparts G and H.
| ||
(2) Third party testing. The Secretary of state may | ||
authorize a
"third party tester", pursuant to 49 C.F.R. | ||
Part 383.75, to administer the
skills test or tests | ||
specified by Federal Highway Administration pursuant to | ||
the
Commercial Motor Vehicle Safety Act of 1986 and any | ||
appropriate federal rule.
| ||
(b) Waiver of Skills Test. The Secretary of State may waive | ||
the skills
test specified in this Section for a commercial | ||
driver license applicant
who meets the requirements of 49 | ||
C.F.R. Part 383.77 and Part 383.123 .
| ||
(c) Limitations on issuance of a CDL. A CDL, or a | ||
commercial driver
instruction permit, shall not be issued to a | ||
person while the person is
subject to a disqualification from | ||
driving a commercial motor vehicle, or
unless otherwise | ||
permitted by this Code, while the person's driver's
license is | ||
suspended, revoked or cancelled in
any state, or any territory | ||
or province of Canada; nor may a CDL be issued
to a person who |
has a CDL issued by any other state, or foreign
jurisdiction, | ||
unless the person first surrenders all such
licenses. No CDL | ||
shall be issued to or renewed for a person who does not
meet | ||
the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||
met with
the aid of a hearing aid.
| ||
(c-1) The Secretary may issue a CDL with a school bus | ||
driver endorsement
to allow a person to drive the type of bus | ||
described in subsection (d-5) of
Section 6-104 of this Code. | ||
The CDL with a school bus driver endorsement may be
issued only | ||
to a person meeting the following requirements:
| ||
(1) the person has submitted his or her fingerprints to | ||
the
Department of State Police in the form and manner
| ||
prescribed by the Department of State Police. These
| ||
fingerprints shall be checked against the fingerprint | ||
records
now and hereafter filed in the Department of State | ||
Police and
Federal Bureau of Investigation criminal | ||
history records databases for
fingerprint based criminal | ||
background checks on current and future information
| ||
available in the state system and current information | ||
available through the
Federal Bureau of Investigation's | ||
system ;
| ||
(2) the person has passed a written test, administered | ||
by the Secretary of
State, on charter bus operation, | ||
charter bus safety, and certain special
traffic laws
| ||
relating to school buses determined by the Secretary of | ||
State to be relevant to
charter buses, and submitted to a | ||
review of the applicant's driving
habits by the Secretary | ||
of State at the time the written test is given;
| ||
(3) the person has demonstrated physical fitness to | ||
operate school buses
by
submitting the results of a medical | ||
examination, including tests for drug
use; and
| ||
(4) the person has not been convicted of committing or | ||
attempting
to commit any
one or more of the following | ||
offenses: (i) those offenses defined in
Sections 9-1, | ||
9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
| ||
10-4,
10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, |
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
| ||
11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, | ||
12-4.3, 12-4.4,
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, | ||
12-7.4, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | ||
12-16.2, 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, | ||
18-5,
20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, | ||
31A-1, 31A-1.1, and
33A-2, and in subsection (a) and | ||
subsection (b), clause (1), of Section
12-4 of the Criminal | ||
Code of 1961; (ii) those offenses defined in the
Cannabis | ||
Control Act except those offenses defined in subsections | ||
(a) and
(b) of Section 4, and subsection (a) of Section 5 | ||
of the Cannabis Control
Act; (iii) those offenses defined | ||
in the Illinois Controlled Substances
Act; (iv) any offense | ||
committed or attempted in any other state or against
the | ||
laws of the United States, which if committed or attempted | ||
in this
State would be punishable as one or more of the | ||
foregoing offenses; (v)
the offenses defined in Sections | ||
4.1 and 5.1 of the Wrongs to Children Act and
(vi) those | ||
offenses defined in Section 6-16 of the Liquor Control Act | ||
of
1934.
| ||
The Department of State Police shall charge
a fee for | ||
conducting the criminal history records check, which shall be
| ||
deposited into the State Police Services Fund and may not | ||
exceed the actual
cost of the records check.
| ||
(c-2) The Secretary shall issue a CDL with a school bus | ||
endorsement to allow a person to drive a school bus as defined | ||
in this Section. The CDL shall be issued according to the | ||
requirements outlined in 49 C.F.R. 383. A person may not | ||
operate a school bus as defined in this Section without a | ||
school bus endorsement. The Secretary of State may adopt rules | ||
consistent with Federal guidelines to implement this | ||
subsection (c-2).
| ||
(d) Commercial driver instruction permit. A commercial | ||
driver
instruction permit may be issued to any person holding a | ||
valid Illinois
driver's license if such person successfully | ||
passes such tests as the
Secretary determines to be necessary.
|
A commercial driver instruction permit shall not be issued to a | ||
person who
does not meet
the requirements of 49 CFR 391.41 | ||
(b)(11), except for the renewal of a
commercial driver
| ||
instruction permit for a person who possesses a commercial | ||
instruction permit
prior to the
effective date of this | ||
amendatory Act of 1999.
| ||
(Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; revised | ||
11-29-04.)
| ||
(625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
| ||
Sec. 6-509. Non-resident commercial driver's license. | ||
(a) The Secretary
of State may issue a non-resident CDL to | ||
a domiciliary of a foreign
jurisdiction if the United States | ||
Secretary of Transportation has
determined that the commercial | ||
motor vehicle testing and licensing
standards, in that foreign | ||
jurisdiction, do not meet the testing standards
established in | ||
49 C.F.R. Part 383. The Secretary of State may also issue a | ||
non-resident CDL to an individual domiciled in another state | ||
while that state is prohibited from issuing CDLs in accordance | ||
with 49 C.F.R. Part 384. A non-resident CDL shall be issued in | ||
accordance with the testing and licensing standards contained | ||
in subparts F, G, and H of 49 C.F.R. Part 383. The word | ||
"Non-resident" must appear on
the face of the non-resident CDL. | ||
An applicant must surrender any
non-resident CDL, license or | ||
permit issued by any other state.
| ||
(b) If an individual is domiciled in a state while that | ||
state is prohibited from issuing CDLs in accordance with 49 | ||
C.F.R. Part 384.405, that individual is eligible to obtain a | ||
non-resident CDL from any state that elects to issue a | ||
non-resident CDL and which complies with the testing and | ||
licensing standards contained in subparts F, G, and H of 49 | ||
C.F.R. Part 383.23.
| ||
(Source: P.A. 86-845.)
| ||
(625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
| ||
Sec. 6-510. Application for Commercial Driver's License |
(CDL).
| ||
(a) The application for a CDL or commercial driver | ||
instruction permit,
must include, but not necessarily be | ||
limited to, the following:
| ||
(1) the full legal name and current Illinois | ||
domiciliary address
(unless the
application is for a | ||
Non-resident CDL) of the applicant;
| ||
(2) a physical description of the applicant including | ||
sex, height,
weight, color of eyes and hair color;
| ||
(3) date of birth;
| ||
(4) the applicant's social security number or other | ||
identifying number
acceptable to the Secretary of State;
| ||
(5) the applicant's signature;
| ||
(6) certifications required by 49 C.F.R. Part 383.71; | ||
and | ||
(6.1) the names of all states where the applicant has | ||
previously been licensed to drive any type of motor vehicle | ||
during the previous 10 years pursuant to 49 C.F.R. Part | ||
383; and
| ||
(7) any other information required by the Secretary of | ||
State.
| ||
(Source: P.A. 93-895, eff. 1-1-05.)
| ||
(625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
| ||
Sec. 6-513. Commercial Driver's License or CDL. The content | ||
of the CDL
shall include, but not necessarily be limited to the | ||
following:
| ||
(a) A CDL shall be distinctly marked "Commercial Driver's | ||
License" or
"CDL". It must include, but not necessarily be | ||
limited to, the following
information:
| ||
(1) the legal name and the Illinois domiciliary address | ||
(unless it is
a
Non-resident CDL) of the person to whom the | ||
CDL is issued;
| ||
(2) the person's color photograph;
| ||
(3) a physical description of the person including sex, | ||
height, and
may include weight, color of eyes and hair |
color;
| ||
(4) date of birth;
| ||
(5) a CDL or file number assigned by the Secretary of | ||
State;
| ||
(6) it also may include the applicant's Social Security | ||
Number
pursuant to Section 6-106;
| ||
(7) the person's signature;
| ||
(8) the class or type of commercial vehicle or vehicles | ||
which the
person is authorized to drive together with any | ||
endorsements or restrictions;
| ||
(9) the name of the issuing state; and
| ||
(10) the issuance and expiration dates of the CDL.
| ||
(b) Applicant Record Check.
| ||
Prior to the issuance of a CDL, the Secretary of State | ||
shall
obtain and review the applicant's driving record as | ||
required by 49 C.F.R. Part 383
the CMVSA
and the United States | ||
Secretary of Transportation.
| ||
(c) Notification of Commercial Driver's License (CDL) | ||
Issuance.
| ||
Within 10 days after issuing a CDL, the Secretary of State | ||
must notify
the Commercial Driver License Information System of | ||
that fact, and provide
all information required to ensure | ||
identification of the person.
| ||
(d) Renewal.
| ||
Every person applying for a renewal of a CDL must complete | ||
the
appropriate application form required by this Code and any | ||
other test
deemed necessary by the Secretary.
| ||
(Source: P.A. 93-895, eff. 1-1-05.)
| ||
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||
Sec. 6-514. Commercial Driver's License (CDL) - | ||
Disqualifications.
| ||
(a) A person shall be disqualified from driving a | ||
commercial motor
vehicle for a period of not less than 12 | ||
months for the first violation of:
| ||
(1) Refusing to submit to or failure to complete a test |
or tests to
determine the driver's blood concentration of | ||
alcohol, other drug, or both,
while driving a commercial | ||
motor vehicle or, if the driver is a CDL holder, while | ||
driving a non-CMV ; or
| ||
(2) Operating a commercial motor vehicle while the | ||
alcohol
concentration of the person's blood, breath or | ||
urine is at least 0.04, or any
amount of a drug, substance, | ||
or compound in the person's blood or urine
resulting from | ||
the unlawful use or consumption of cannabis listed in the
| ||
Cannabis Control Act or a controlled substance listed in | ||
the Illinois
Controlled Substances Act as indicated by a | ||
police officer's sworn report or
other verified evidence; | ||
or
| ||
(3) Conviction for a first violation of:
| ||
(i) Driving a commercial motor vehicle or, if the | ||
driver is a CDL holder, driving a non-CMV while under | ||
the influence of
alcohol, or any other drug, or | ||
combination of drugs to a degree which
renders such | ||
person incapable of safely driving; or
| ||
(ii) Knowingly and wilfully leaving the scene of an | ||
accident while
operating a commercial motor vehicle | ||
or, if the driver is a CDL holder, while driving a | ||
non-CMV ; or
| ||
(iii) Driving a commercial motor vehicle or, if the | ||
driver is a CDL holder, driving a non-CMV while | ||
committing any felony ; or . | ||
(iv) Driving a commercial motor vehicle if, as a | ||
result of prior violations committed while operating a | ||
commercial motor vehicle, the driver's CDL is revoked, | ||
suspended, or cancelled or the driver is disqualified | ||
from operating a commercial motor vehicle; or | ||
(v) Causing a fatality through the negligent | ||
operation of a commercial motor vehicle, including but | ||
not limited to the crimes of reckless driving under | ||
Section 9-3 of the Criminal Code of 1961 and aggravated | ||
driving under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds, or any | ||
combination thereof under subdivision (d)(1)(F) of | ||
Section 11-501 of this Code.
| ||
If any of the above violations or refusals occurred | ||
while
transporting hazardous material(s) required to be | ||
placarded, the person
shall be disqualified for a period of | ||
not less than 3 years.
| ||
(b) A person is disqualified for life for a second | ||
conviction of any of
the offenses specified in paragraph (a), | ||
or any combination of those
offenses, arising from 2 or more | ||
separate incidents.
| ||
(c) A person is disqualified from driving a commercial | ||
motor vehicle for
life if the person either (i)
who uses a | ||
commercial motor vehicle in the commission of any felony
| ||
involving the manufacture, distribution, or dispensing of a | ||
controlled
substance, or possession with intent to | ||
manufacture, distribute or dispense
a controlled substance or | ||
(ii) if the person is a CDL holder, uses a non-CMV in the | ||
commission of a felony involving any of those activities .
| ||
(d) The Secretary of State may, when the United States | ||
Secretary of
Transportation so authorizes, issue regulations | ||
in which a disqualification
for life under paragraph (b) may be | ||
reduced to a period of not less than 10
years.
If a reinstated | ||
driver is subsequently convicted of another disqualifying
| ||
offense, as specified in subsection (a) of this Section, he or | ||
she shall be
permanently disqualified for life and shall be | ||
ineligible to again apply for a
reduction of the lifetime | ||
disqualification.
| ||
(e) A person is disqualified from driving a commercial | ||
motor vehicle for
a period of not less than 2 months if | ||
convicted of 2 serious traffic
violations, committed in a | ||
commercial motor vehicle, arising from separate
incidents, | ||
occurring within a 3 year period. However, a person will be
| ||
disqualified from driving a commercial motor vehicle for a | ||
period of not less
than 4 months if convicted of 3 serious | ||
traffic violations, committed in a
commercial motor vehicle, |
arising from separate incidents, occurring within a 3
year | ||
period.
| ||
(e-1) A person is disqualified from driving a commercial | ||
motor vehicle for a period of not less than 2 months if | ||
convicted of 2 serious traffic violations committed in a | ||
non-CMV while holding a CDL, arising from separate incidents, | ||
occurring within a 3 year period, if the convictions would | ||
result in the suspension or revocation of the CDL holder's | ||
non-CMV privileges. A person shall be disqualified from driving | ||
a commercial motor vehicle for a period of not less than 4 | ||
months, however, if he or she is convicted of 3 or more serious | ||
traffic violations committed in a non-CMV while holding a CDL, | ||
arising from separate incidents, occurring within a 3 year | ||
period, if the convictions would result in the suspension or | ||
revocation of the CDL holder's non-CMV privileges.
| ||
(f) Notwithstanding any other provision of this Code, any | ||
driver
disqualified from operating a commercial motor vehicle, | ||
pursuant to this
UCDLA, shall not be eligible for restoration | ||
of commercial driving
privileges during any such period of | ||
disqualification.
| ||
(g) After suspending, revoking, or cancelling a commercial | ||
driver's
license, the Secretary of State must update the | ||
driver's records to reflect
such action within 10 days. After | ||
suspending or revoking the driving privilege
of any person who | ||
has been issued a CDL or commercial driver instruction permit
| ||
from another jurisdiction, the Secretary shall originate | ||
notification to
such issuing jurisdiction within 10 days.
| ||
(h) The "disqualifications" referred to in this Section | ||
shall not be
imposed upon any commercial motor vehicle driver, | ||
by the Secretary of
State, unless the prohibited action(s) | ||
occurred after March 31, 1992.
| ||
(i) A person is disqualified from driving a commercial | ||
motor vehicle in
accordance with the following:
| ||
(1) For 6 months upon a first conviction of paragraph | ||
(2) of subsection
(b) of Section 6-507 of this Code.
| ||
(2) For one year upon a second conviction of paragraph |
(2) of subsection
(b) of Section 6-507 of this Code within | ||
a 10-year period.
| ||
(3) For 3 years upon a third or subsequent conviction | ||
of paragraph (2) of
subsection (b) of Section 6-507 of this | ||
Code within a 10-year period.
| ||
(4) For one year upon a first conviction of paragraph | ||
(3) of subsection
(b) of Section 6-507 of this Code.
| ||
(5) For 3 years upon a second conviction of paragraph | ||
(3) of subsection
(b) of Section 6-507 of this Code within | ||
a 10-year period.
| ||
(6) For 5 years upon a third or subsequent conviction | ||
of paragraph (3) of
subsection (b) of Section 6-507 of this | ||
Code within a 10-year period.
| ||
(j) Disqualification for railroad-highway grade crossing
| ||
violation.
| ||
(1) General rule. A driver who is convicted of a | ||
violation of a federal,
State, or
local law or regulation | ||
pertaining to
one of the following 6 offenses at a | ||
railroad-highway grade crossing must be
disqualified
from | ||
operating a commercial motor vehicle for the period of time | ||
specified in
paragraph (2) of this subsection (j) if the | ||
offense was committed while
operating a commercial motor | ||
vehicle:
| ||
(i) For drivers who are not required to always | ||
stop, failing to
slow down and check that the tracks | ||
are clear of an approaching train, as
described in | ||
subsection (a-5) of Section 11-1201 of this Code;
| ||
(ii) For drivers who are not required to always | ||
stop, failing to
stop before reaching the crossing, if | ||
the tracks are not clear, as described in
subsection | ||
(a) of Section 11-1201 of this Code;
| ||
(iii) For drivers who are always required to stop, | ||
failing to stop
before driving onto the crossing, as | ||
described in Section 11-1202 of this Code;
| ||
(iv) For all drivers, failing to have sufficient | ||
space to drive
completely through the crossing without |
stopping, as described in subsection
(b) of Section | ||
11-1425 of this Code;
| ||
(v) For all drivers, failing to obey a traffic | ||
control device or
the directions of an enforcement | ||
official at the crossing, as described in
subdivision | ||
(a)2 of Section 11-1201 of this Code;
| ||
(vi) For all drivers, failing to negotiate a | ||
crossing because of
insufficient undercarriage | ||
clearance, as described in subsection (d-1) of
Section | ||
11-1201 of this Code.
| ||
(2) Duration of disqualification for railroad-highway | ||
grade
crossing violation.
| ||
(i) First violation. A driver must be disqualified | ||
from operating a
commercial motor vehicle
for not less | ||
than 60 days if the driver is convicted of a violation | ||
described
in paragraph
(1) of this subsection (j) and, | ||
in the three-year period preceding the
conviction, the | ||
driver
had no convictions for a violation described in | ||
paragraph (1) of this
subsection (j).
| ||
(ii) Second violation. A driver must be | ||
disqualified from operating a
commercial
motor vehicle
| ||
for not less
than 120 days if the driver is convicted
| ||
of a violation described in paragraph (1) of this | ||
subsection (j) and, in the
three-year
period preceding | ||
the conviction, the driver had one other conviction for | ||
a
violation
described in paragraph (1) of this | ||
subsection (j) that was committed in a
separate
| ||
incident.
| ||
(iii) Third or subsequent violation. A driver must | ||
be disqualified from
operating a
commercial motor | ||
vehicle
for not less than one year if the driver is | ||
convicted
of a violation described in paragraph (1) of | ||
this subsection (j) and, in the
three-year
period | ||
preceding the conviction, the driver had 2 or more | ||
other convictions for
violations
described in | ||
paragraph (1) of this subsection (j) that were |
committed in
separate incidents.
| ||
(k) Upon notification of a disqualification of a driver's | ||
commercial motor vehicle privileges imposed by the U.S. | ||
Department of Transportation, Federal Motor Carrier Safety | ||
Administration, in accordance with 49 C.F.R. 383.52, the | ||
Secretary of State shall immediately record to the driving | ||
record the notice of disqualification and confirm to the driver | ||
the action that has been taken.
| ||
(Source: P.A. 92-249, eff. 1-1-02; 92-834, eff. 8-22-02.)
| ||
(625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
| ||
Sec. 6-518. Notification of Traffic Convictions. | ||
(a) Within 10 days after
receiving a report of an Illinois | ||
conviction, or other verified evidence,
of any driver who has | ||
been issued a CDL by another State, for a violation
of any law | ||
or local ordinance of this State, relating to motor
vehicle | ||
traffic control, other than parking violations, committed in | ||
any
a
commercial motor vehicle, the Secretary of State must | ||
notify the driver
licensing authority which issued such CDL of | ||
said conviction.
| ||
(b) Within 10 days after
receiving a report of an Illinois | ||
conviction, or other verified evidence,
of any driver from | ||
another state, for a violation
of any law or local ordinance of | ||
this State, relating to motor
vehicle traffic control, other | ||
than parking violations, committed in a commercial motor | ||
vehicle, the Secretary of State must notify the driver
| ||
licensing authority which issued the person's driver's license | ||
of the conviction.
| ||
(Source: P.A. 86-845.)
| ||
(625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
| ||
Sec. 6-523. Reciprocity. | ||
(a) Notwithstanding any law to the contrary, a
person may | ||
drive a commercial motor vehicle in this State if such person | ||
has
a valid commercial driver's license or CDL instruction | ||
permit issued by
another State or foreign jurisdiction as long |
as such person has not been
an established domiciliary of this | ||
State for 30 days or more.
| ||
(b) The Secretary of State shall give out of state | ||
convictions full
faith and credit and treat them for | ||
sanctioning purposes, under this UCDLA,
just as if they | ||
occurred in this State.
| ||
(c) A CDL issued by this State or any other state before | ||
the date on and after which the state is prohibited from | ||
issuing CDLs under 49 C.F.R. Part 384, remains valid until its | ||
stated expiration date.
| ||
(Source: P.A. 86-845.)
| ||
(625 ILCS 5/7-702.1)
| ||
Sec. 7-702.1. Family financial responsibility driving | ||
permits. Following
the entry of an order that an obligor has | ||
been found in contempt by the court
| ||
for failure to pay court ordered child
support payments or upon | ||
a motion by the obligor who is subject to having his
or her
| ||
driver's license suspended pursuant to subsection (b) of | ||
Section 7-703, the
court may enter an order directing the
| ||
Secretary of State to issue a family financial responsibility
| ||
driving permit for the purpose of providing the obligor the
| ||
privilege of operating a motor vehicle between the obligor's
| ||
residence and place of employment, or within the scope of
| ||
employment related duties; or for the purpose of providing
| ||
transportation for the obligor or a household member to receive
| ||
alcohol treatment, other drug treatment, or medical care. The
| ||
court may enter an order directing the issuance of a permit | ||
only if
the obligor has proven to the satisfaction of the court | ||
that no
alternative means of transportation are reasonably | ||
available for
the above stated purposes. No permit shall be | ||
issued to a person under the
age of 16 years who possesses an | ||
instruction permit. In accordance with 49 C.F.R. Part 384, the | ||
Secretary of State may not issue a family financial | ||
responsibility driving permit to any person for the operation | ||
of a commercial motor vehicle if the person's driving |
privileges have been suspended under any provisions of this | ||
Code.
| ||
Upon entry of an order granting the issuance of a permit to | ||
an
obligor, the court shall report this finding to the | ||
Secretary of
State on a form prescribed by the Secretary. This | ||
form shall state
whether the permit has been granted for | ||
employment or medical
purposes and the specific days and hours | ||
for which limited driving
privileges have been granted.
| ||
The family financial responsibility driving permit shall | ||
be subject
to cancellation, invalidation, suspension, and | ||
revocation by the
Secretary of State in the same manner and for | ||
the same reasons as
a driver's license may be cancelled, | ||
invalidated, suspended, or
revoked.
| ||
The Secretary of State shall, upon receipt of a certified | ||
court
order from the court of jurisdiction, issue a family | ||
financial
responsibility driving permit. In order for this | ||
permit to be
issued, an individual's driving privileges must be | ||
valid except for
the family financial responsibility | ||
suspension. This permit shall
be valid only for employment and | ||
medical purposes as set forth
above. The permit shall state the | ||
days and hours for which limited
driving privileges have been | ||
granted.
| ||
Any submitted court order that contains insufficient data | ||
or fails
to comply with any provision of this Code shall not
be | ||
used for issuance of the permit or entered to the individual's
| ||
driving record but shall be returned to the court of | ||
jurisdiction
indicating why the permit cannot be issued at that | ||
time. The
Secretary of State shall also send notice of the | ||
return of the
court order to the individual requesting the | ||
permit.
| ||
(Source: P.A. 90-369, eff. 1-1-98; 91-613, eff. 7-1-00.)
| ||
(625 ILCS 5/11-501.8)
| ||
Sec. 11-501.8. Suspension of driver's license; persons | ||
under age 21.
| ||
(a) A person who is less than 21 years of age and who |
drives or
is in actual physical control of a motor vehicle upon | ||
the
public highways of this State shall be deemed to have given | ||
consent to a
chemical test or tests of blood, breath, or urine | ||
for the purpose of
determining the alcohol content of the | ||
person's blood if arrested, as evidenced
by the issuance of a | ||
Uniform Traffic Ticket for any violation of the Illinois
| ||
Vehicle Code or a similar provision of a local ordinance, if a | ||
police officer
has probable cause to believe that the driver | ||
has consumed any amount of an
alcoholic beverage based upon | ||
evidence of the driver's physical condition or
other first hand | ||
knowledge of the police officer. The test or tests shall be
| ||
administered at the direction of the arresting officer. The law | ||
enforcement
agency employing the officer shall designate which | ||
of the aforesaid tests shall
be administered. A urine test may | ||
be administered even after a blood or
breath test or both has | ||
been administered.
| ||
(b) A person who is dead, unconscious, or who is otherwise | ||
in a condition
rendering that person incapable of refusal, | ||
shall be deemed not to have
withdrawn the consent provided by | ||
paragraph (a) of this Section and the test or
tests may be | ||
administered subject to the following provisions:
| ||
(i) Chemical analysis of the person's blood, urine, | ||
breath, or
other bodily substance, to be considered valid | ||
under the provisions of this
Section, shall have been | ||
performed according to standards promulgated by the | ||
Department of State
Police
by an individual possessing a | ||
valid permit issued by that Department for this
purpose. | ||
The Director of State Police is authorized to approve | ||
satisfactory
techniques or methods, to ascertain the | ||
qualifications and competence of
individuals to conduct | ||
analyses, to issue permits that shall be subject to
| ||
termination or revocation at the direction of that | ||
Department, and to certify
the accuracy of breath testing | ||
equipment. The Department of
State Police shall prescribe | ||
regulations as necessary.
| ||
(ii) When a person submits to a blood test at the |
request of a law
enforcement officer under the provisions | ||
of this Section, only a physician
authorized to practice | ||
medicine, a registered nurse, or other qualified person
| ||
trained in venipuncture and acting under the direction of a | ||
licensed physician
may withdraw blood for the purpose of | ||
determining the alcohol content therein.
This limitation | ||
does not apply to the taking of breath or urine specimens.
| ||
(iii) The person tested may have a physician, qualified | ||
technician,
chemist, registered nurse, or other qualified | ||
person of his or her own choosing
administer a chemical | ||
test or tests in addition to any test or tests
administered | ||
at the direction of a law enforcement officer. The failure | ||
or
inability to obtain an additional test by a person shall | ||
not preclude the
consideration of the previously performed | ||
chemical test.
| ||
(iv) Upon a request of the person who submits to a | ||
chemical test or
tests at the request of a law enforcement | ||
officer, full information concerning
the test or tests | ||
shall be made available to the person or that person's
| ||
attorney.
| ||
(v) Alcohol concentration means either grams of | ||
alcohol per 100
milliliters of blood or grams of alcohol | ||
per 210 liters of breath.
| ||
(vi) If a driver is receiving medical treatment as a | ||
result of a motor
vehicle accident, a physician licensed to | ||
practice medicine, registered nurse,
or other qualified | ||
person trained in venipuncture and
acting under the | ||
direction of a licensed physician shall
withdraw blood for | ||
testing purposes to ascertain the presence of alcohol upon
| ||
the specific request of a law enforcement officer. However, | ||
that testing
shall not be performed until, in the opinion | ||
of the medical personnel on scene,
the withdrawal can be | ||
made without interfering with or endangering the
| ||
well-being of the patient.
| ||
(c) A person requested to submit to a test as provided | ||
above shall be warned
by the law enforcement officer requesting |
the test that a refusal to submit to
the test, or submission to | ||
the test resulting in an alcohol concentration of
more than | ||
0.00, may result in the loss of that person's privilege to | ||
operate a
motor vehicle. The loss of driving privileges shall | ||
be imposed in accordance
with Section 6-208.2 of this Code.
| ||
(d) If the person refuses testing or submits to a test that | ||
discloses an
alcohol concentration of more than 0.00, the law | ||
enforcement officer shall
immediately submit a sworn report to | ||
the Secretary of State on a form
prescribed by the Secretary of | ||
State, certifying that the test or tests were
requested under | ||
subsection (a) and the person refused to submit to a test
or | ||
tests or submitted to testing which disclosed an alcohol | ||
concentration of
more than 0.00. The law enforcement officer | ||
shall submit the same sworn report
when a person under the age | ||
of 21 submits to testing under Section
11-501.1 of this Code | ||
and the testing discloses an alcohol concentration of
more than | ||
0.00 and less than 0.08.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall enter the driver's | ||
license sanction on the individual's driving
record and the | ||
sanctions shall be effective on the 46th day following the date
| ||
notice of the sanction was given to the person. If this | ||
sanction is the
individual's first driver's license suspension | ||
under this Section, reports
received by the Secretary of State | ||
under this Section shall, except during the
time the suspension | ||
is in effect, be privileged information and for use only by
the | ||
courts, police officers, prosecuting authorities, the | ||
Secretary of State,
or the individual personally.
| ||
The law enforcement officer submitting the sworn report | ||
shall serve immediate
notice of this driver's license sanction | ||
on the person and the sanction shall
be effective on the 46th | ||
day following the date notice was given.
| ||
In cases where the blood alcohol concentration of more than | ||
0.00 is
established by a subsequent analysis of blood or urine, | ||
the police officer or
arresting agency shall give notice as | ||
provided in this Section or by deposit
in the United States |
mail of that notice in an envelope with postage prepaid
and | ||
addressed to that person at his last known address and the loss | ||
of driving
privileges shall be effective on the 46th day | ||
following the date notice was
given.
| ||
Upon receipt of the sworn report of a law enforcement | ||
officer, the Secretary
of State shall also give notice of the | ||
driver's license sanction to the driver
by mailing a notice of | ||
the effective date of the sanction to the individual.
However, | ||
should the sworn report be defective by not containing | ||
sufficient
information or be completed in error, the notice of | ||
the driver's license
sanction may not be mailed to the person | ||
or entered to the driving record,
but rather the sworn report | ||
shall be returned to the issuing law enforcement
agency.
| ||
(e) A driver may contest this driver's license sanction by | ||
requesting an
administrative hearing with the Secretary of | ||
State in accordance with Section
2-118 of this Code. An | ||
individual whose blood alcohol concentration is shown
to be | ||
more than 0.00 is not subject to this Section if he or she | ||
consumed
alcohol in the performance of a religious service or | ||
ceremony. An individual
whose blood alcohol concentration is | ||
shown to be more than 0.00 shall not be
subject to this Section | ||
if the individual's blood alcohol concentration
resulted only | ||
from ingestion of the prescribed or recommended dosage of
| ||
medicine that contained alcohol. The petition for that hearing | ||
shall not stay
or delay the effective date of the impending | ||
suspension. The scope of this
hearing shall be limited to the | ||
issues of:
| ||
(1) whether the police officer had probable cause to | ||
believe that the
person was driving or in actual physical | ||
control of a motor vehicle upon the
public highways of the | ||
State and the police officer had reason to believe that
the | ||
person was in violation of any provision of the Illinois | ||
Vehicle Code or a
similar provision of a local ordinance; | ||
and
| ||
(2) whether the person was issued a Uniform Traffic | ||
Ticket for any
violation of the Illinois Vehicle Code or a |
similar provision of a local
ordinance; and
| ||
(3) whether the police officer had probable cause to | ||
believe that the
driver
had consumed any amount of an | ||
alcoholic beverage based upon the driver's
physical | ||
actions or other first-hand knowledge of the police | ||
officer; and
| ||
(4) whether the person, after being advised by the | ||
officer that the
privilege to operate a motor vehicle would | ||
be suspended if the person refused
to submit to and | ||
complete the test or tests, did refuse to submit to or
| ||
complete the test or tests to determine the person's | ||
alcohol concentration;
and
| ||
(5) whether the person, after being advised by the | ||
officer that the
privileges to operate a motor vehicle | ||
would be suspended if the person submits
to a chemical test | ||
or tests and the test or tests disclose an alcohol
| ||
concentration of more than 0.00, did submit to and
complete | ||
the
test or tests that determined an alcohol concentration | ||
of more than 0.00; and
| ||
(6) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol in the performance of a
religious service or | ||
ceremony; and
| ||
(7) whether the test result of an alcohol concentration | ||
of more than 0.00
was based upon the person's consumption | ||
of alcohol through ingestion of the
prescribed or | ||
recommended dosage of medicine.
| ||
Provided that the petitioner may subpoena the officer, the | ||
hearing may be
conducted upon a review of the law enforcement | ||
officer's own official reports.
Failure of the officer to | ||
answer the subpoena shall be grounds for a
continuance if, in | ||
the hearing officer's discretion, the continuance is
| ||
appropriate. At the conclusion of the hearing held under | ||
Section 2-118 of
this Code, the Secretary of State may rescind, | ||
continue, or modify the driver's
license sanction. If the | ||
Secretary of State does not rescind the sanction, a
restricted |
driving permit may be granted by the Secretary of State upon
| ||
application being made and good cause shown. A restricted | ||
driving permit may be
granted to relieve undue hardship by | ||
allowing driving for employment,
educational, and medical | ||
purposes as outlined in item (3) of part (c) of
Section 6-206 | ||
of this Code. The provisions of item (3) of part (c) of Section
| ||
6-206 of this Code and of subsection (f) of that Section shall | ||
apply. The Secretary of State shall promulgate rules
providing | ||
for participation in an alcohol education and awareness program | ||
or
activity, a drug education and awareness program or | ||
activity, or both as a
condition to the issuance of a | ||
restricted driving permit for suspensions
imposed under this | ||
Section.
| ||
(f) The results of any chemical testing performed in | ||
accordance with
subsection (a) of this Section are not | ||
admissible in any civil or criminal
proceeding, except that the | ||
results of the testing may be considered at a
hearing held | ||
under Section 2-118 of this Code. However, the results of
the | ||
testing may not be used to impose driver's license sanctions | ||
under
Section 11-501.1 of this Code. A law enforcement officer | ||
may, however, pursue
a statutory summary suspension of driving | ||
privileges under Section 11-501.1 of
this Code if other | ||
physical evidence or first hand knowledge forms the basis
of | ||
that suspension.
| ||
(g) This Section applies only to drivers who are under
age | ||
21 at the time of the issuance of a Uniform Traffic Ticket for | ||
a
violation of the Illinois Vehicle Code or a similar provision | ||
of a local
ordinance, and a chemical test request is made under | ||
this Section.
| ||
(h) The action of the Secretary of State in suspending, | ||
revoking, or
denying any license, permit, registration, or | ||
certificate of title shall be
subject to judicial review in the | ||
Circuit Court of Sangamon County or in the
Circuit Court of | ||
Cook County, and the provisions of the Administrative Review
| ||
Law and its rules are hereby adopted and shall apply to and | ||
govern every action
for the judicial review of final acts or |
decisions of the Secretary of State
under this Section.
| ||
(Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99; 91-828, | ||
eff. 1-1-01.)
| ||
Section 99. Effective date. This Act takes effect September | ||
30, 2005.
|