Public Act 099-0057
 
HB2515 EnrolledLRB099 08011 RJF 28152 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-124.5, 3-818, 6-500, 6-507, and 6-508.1 and by
adding Section 1-124.3 as follows:
 
    (625 ILCS 5/1-124.3 new)
    Sec. 1-124.3. Gross Combination Weight Rating (GCWR). GCWR
is the greater of:
        (1) a value specified by the manufacturer of the power
    unit, if such value is displayed on the Federal Motor
    Vehicle Safety Standard (FMVSS) certification label
    required by the National Highway Traffic Safety
    Administration; or
        (2) the sum of the gross vehicle weight ratings (GVWRs)
    or the gross vehicle weights (GVWs) of the power unit and
    the towed unit or units, or any combination thereof, that
    produces the highest value. Exception: The GCWR of the
    power unit will not be used to define a commercial motor
    vehicle when the power unit is not towing another vehicle.
 
    (625 ILCS 5/1-124.5)
    Sec. 1-124.5. Gross Vehicle Weight Rating (GVWR). The value
specified by the manufacturer or manufacturers as the maximum
loaded weight of a single vehicle. The GVWR of a combination of
vehicles (commonly referred to as the "Gross Combination Weight
Rating" or GCWR) is the GVWR of the power unit plus the GVWR of
the towed unit or units. In the absence of a value specified by
the manufacturer, GCWR is determined by adding the GVWR of the
power unit and the total weight of the towed unit and any load
on the unit.
(Source: P.A. 90-89, eff. 1-1-98.)
 
    (625 ILCS 5/3-818)  (from Ch. 95 1/2, par. 3-818)
    Sec. 3-818. (a) Mileage weight tax option. Any owner of a
vehicle of the second division may elect to pay a mileage
weight tax for such vehicle in lieu of the flat weight tax set
out in Section 3-815. Such election shall be binding to the end
of the registration year. Renewal of this election must be
filed with the Secretary of State on or before July 1 of each
registration period. In such event the owner shall, at the time
of making such election, pay the $10 registration fee and the
minimum guaranteed mileage weight tax, as hereinafter
provided, which payment shall permit the owner to operate that
vehicle the maximum mileage in this State hereinafter set
forth. Any vehicle being operated on mileage plates cannot be
operated outside of this State. In addition thereto, the owner
of that vehicle shall pay a mileage weight tax at the following
rates for each mile traveled in this State in excess of the
maximum mileage provided under the minimum guaranteed basis:
BUS, TRUCK OR TRUCK TRACTOR
MaximumMileage
MinimumMileageWeight Tax
GuaranteedPermittedfor Mileage
Gross WeightMileageUnderin excess of
Vehicle andWeightGuaranteedGuaranteed
LoadClassTaxTaxMileage
12,000 lbs. or lessMD$735,00026 Mills
12,001 to 16,000 lbs.MF1206,00034 Mills
16,001 to 20,000 lbs.MG1806,00046 Mills
20,001 to 24,000 lbs.MH2356,00063 Mills
24,001 to 28,000 lbs.MJ3157,00063 Mills
28,001 to 32,000 lbs.MK3857,00083 Mills
32,001 to 36,000 lbs.ML4857,00099 Mills
36,001 to 40,000 lbs.MN6157,000128 Mills
40,001 to 45,000 lbs.MP6957,000139 Mills
45,001 to 54,999 lbs.MR8537,000156 Mills
55,000 to 59,500 lbs.MS9207,000178 Mills
59,501 to 64,000 lbs.MT9857,000195 Mills
64,001 to 73,280 lbs.MV1,1737,000225 Mills
73,281 to 77,000 lbs.MX1,3287,000258 Mills
77,001 to 80,000 lbs.MZ1,4157,000275 Mills
TRAILER
MaximumMileage
MinimumMileageWeight Tax
GuaranteedPermittedfor Mileage
Gross WeightMileageUnderin excess of
Vehicle andWeightGuaranteedGuaranteed
LoadClassTaxTaxMileage
14,000 lbs. or lessME$755,00031 Mills
14,001 to 20,000 lbs.MF1356,00036 Mills
20,001 to 36,000 lbs.ML5407,000103 Mills
36,001 to 40,000 lbs.MM7507,000150 Mills
    (a-1) A Special Hauling Vehicle is a vehicle or combination
of vehicles of the second division registered under Section
3-813 transporting asphalt or concrete in the plastic state or
a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111
for which the owner of the vehicle or combination of vehicles
has elected to pay, in addition to the registration fee in
subsection (a), $125 to the Secretary of State for each
registration year. The Secretary shall designate this class of
vehicle as a Special Hauling Vehicle.
    In preparing rate schedules on registration applications,
the Secretary of State shall add to the above rates, the $10
registration fee. The Secretary may decline to accept any
renewal filed after July 1st.
    The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
    Every owner of a second division motor vehicle for which he
has elected to pay a mileage weight tax shall keep a daily
record upon forms prescribed by the Secretary of State, showing
the mileage covered by that vehicle in this State. Such record
shall contain the license number of the vehicle and the miles
traveled by the vehicle in this State for each day of the
calendar month. Such owner shall also maintain records of fuel
consumed by each such motor vehicle and fuel purchases
therefor. On or before the 10th day of July the owner shall
certify to the Secretary of State upon forms prescribed
therefor, summaries of his daily records which shall show the
miles traveled by the vehicle in this State during the
preceding 12 months and such other information as the Secretary
of State may require. The daily record and fuel records shall
be filed, preserved and available for audit for a period of 3
years. Any owner filing a return hereunder shall certify that
such return is a true, correct and complete return. Any person
who willfully makes a false return hereunder is guilty of
perjury and shall be punished in the same manner and to the
same extent as is provided therefor.
    At the time of filing his return, each owner shall pay to
the Secretary of State the proper amount of tax at the rate
herein imposed.
    Every owner of a vehicle of the second division who elects
to pay on a mileage weight tax basis and who operates the
vehicle within this State, shall file with the Secretary of
State a bond in the amount of $500. The bond shall be in a form
approved by the Secretary of State and with a surety company
approved by the Illinois Department of Insurance to transact
business in this State as surety, and shall be conditioned upon
such applicant's paying to the State of Illinois all money
becoming due by reason of the operation of the second division
vehicle in this State, together with all penalties and interest
thereon.
    Upon notice from the Secretary that the registrant has
failed to pay the excess mileage fees, the surety shall
immediately pay the fees together with any penalties and
interest thereon in an amount not to exceed the limits of the
bond.
    (b) Beginning January 1, 2016, upon the request of the
vehicle owner, a $10 surcharge shall be collected in addition
to the above fees for vehicles in the 12,000 lbs. and less
mileage weight plate category as described in subsection (a) to
be deposited into the Secretary of State Special License Plate
Fund. The $10 surcharge is to identify vehicles in the 12,000
lbs. and less mileage weight plate category as a covered farm
vehicle. The $10 surcharge is an annual flat fee that shall be
based on an applicant's new or existing registration year for
each vehicle in the 12,000 lbs. and less mileage weight plate
category. A designation as a covered farm vehicle under this
subsection (b) shall not alter a vehicle's registration as a
registration in the 12,000 lbs. or less mileage weight
category. The Secretary shall adopt any rules necessary to
implement this subsection (b).
(Source: P.A. 97-201, eff. 1-1-12.)
 
    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
    (Text of Section before amendment by P.A. 98-176)
    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).
    (5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the Commercial
Driver's License Information System, or CDLIS, established
under 49 U.S.C. 31309.
    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
    (5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
        (A) a state allows the driver to change his or her
    self-certification to interstate, but operating
    exclusively in transportation or operation excepted from
    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
    391.2, 391.68, or 398.3;
        (B) a state allows the driver to change his or her
    self-certification to intrastate only, if the driver
    qualifies under that state's physical qualification
    requirements for intrastate only;
        (C) a state allows the driver to change his or her
    certification to intrastate, but operating exclusively in
    transportation or operations excepted from all or part of
    the state driver qualification requirements; or
        (D) a state removes the CDL privilege from the driver
    license.
    (6) Commercial Motor Vehicle.
        (A) "Commercial motor vehicle" or "CMV" means a motor
    vehicle used in commerce, 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) vehicles owned by or operated under the
        direction of the United States Department of Defense or
        the United States Coast Guard only when 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, police, and other emergency
        equipment (including, without limitation, equipment
        owned or operated by a HazMat or technical rescue team
        authorized by a county board under Section 5-1127 of
        the Counties Code), 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 and
methamphetamine as defined in Section 10 of the Methamphetamine
Control and Community Protection 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 by an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; a plea of
guilty or nolo contendere accepted by the 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.
    (8.5) Day. "Day" means calendar day.
    (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 who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
    (13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state to obtain, transfer, upgrade,
or renew a CDL.
    (13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
    (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.
    (15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
398.3 from all or part of the qualification requirements of 49
C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
    (15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
    (16) (Blank).
    (16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle accident.
    (16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a citizen
of a foreign country who operates a commercial motor vehicle in
the United States.
    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the definition
of "State".
    (18) (Blank).
    (19) (Blank).
    (20) Hazardous materials. "Hazardous Material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
    (20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material 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.
    (21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of Certified
Medical Examiners in accordance with Federal Motor Carrier
Safety Regulations, 49 CFR 390.101 et seq.
    (21.2) Medical examiner's certificate. "Medical examiner's
certificate" means a document prescribed or approved by the
Secretary of State that is issued by a medical examiner to a
driver to medically qualify him or her to drive.
    (21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
    (21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
    (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.
    (22.2) Motor vehicle record. "Motor vehicle record" means a
report of the driving status and history of a driver generated
from the driver record provided to users, such as drivers or
employers, and is subject to the provisions of the Driver
Privacy Protection Act, 18 U.S.C. 2721-2725.
    (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.
    (22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in interstate
commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
    (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.
    (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) Any other similar law or local ordinance of any
    state relating to railroad-highway grade crossing.
    (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
            (viii) a violation relating to texting while
        driving; or
            (ix) a violation relating to the use of a hand-held
        mobile telephone while driving; 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).
    (32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
        (1) Texting includes, but is not limited to, short
    message service, emailing, instant messaging, a command or
    request to access a World Wide Web page, pressing more than
    a single button to initiate or terminate a voice
    communication using a mobile telephone, or engaging in any
    other form of electronic text retrieval or entry for
    present or future communication.
        (2) Texting does not include:
            (i) inputting, selecting, or reading information
        on a global positioning system or navigation system; or
            (ii) pressing a single button to initiate or
        terminate a voice communication using a mobile
        telephone; or
            (iii) using a device capable of performing
        multiple functions (for example, a fleet management
        system, dispatching device, smart phone, citizens band
        radio, or music player) for a purpose that is not
        otherwise prohibited by Part 392 of the Federal Motor
        Carrier Safety Regulations.
    (33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
        (1) using at least one hand to hold a mobile telephone
    to conduct a voice communication;
        (2) dialing or answering a mobile telephone by pressing
    more than a single button; or
        (3) reaching for a mobile telephone in a manner that
    requires a driver to maneuver so that he or she is no
    longer in a seated driving position, restrained by a seat
    belt that is installed in accordance with 49 CFR 393.93 and
    adjusted in accordance with the vehicle manufacturer's
    instructions.
(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
eff. 1-1-13; 98-463, eff. 8-16-13; 98-722, eff. 7-16-14.)
 
    (Text of Section after amendment by P.A. 98-176)
    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).
    (5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the Commercial
Driver's License Information System, or CDLIS, established
under 49 U.S.C. 31309.
    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
    (5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
        (A) a state allows the driver to change his or her
    self-certification to interstate, but operating
    exclusively in transportation or operation excepted from
    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
    391.2, 391.68, or 398.3;
        (B) a state allows the driver to change his or her
    self-certification to intrastate only, if the driver
    qualifies under that state's physical qualification
    requirements for intrastate only;
        (C) a state allows the driver to change his or her
    certification to intrastate, but operating exclusively in
    transportation or operations excepted from all or part of
    the state driver qualification requirements; or
        (D) a state removes the CDL privilege from the driver
    license.
    (6) Commercial Motor Vehicle.
        (A) "Commercial motor vehicle" or "CMV" means a motor
    vehicle or combination of motor vehicles used in commerce,
    except those referred to in subdivision (B), designed to
    transport passengers or property if the motor vehicle:
            (i) has a gross combination weight rating or gross
        combination weight of 11,794 kilograms or more (26,001
        pounds or more), whichever is greater, inclusive of any
        towed unit with a gross vehicle weight rating or gross
        vehicle weight of more than 4,536 kilograms (10,000
        pounds), whichever is greater; or
            (i-5) has a gross vehicle weight rating or gross
        vehicle weight of 11,794 or more kilograms (26,001
        pounds or more), whichever is greater; or
            (ii) is designed to transport 16 or more persons,
        including the driver; or
            (iii) is of any size and is used in transporting
        hazardous materials as defined in 49 C.F.R. 383.5.
        (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) vehicles owned by or operated under the
        direction of the United States Department of Defense or
        the United States Coast Guard only when 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, police, and other emergency
        equipment (including, without limitation, equipment
        owned or operated by a HazMat or technical rescue team
        authorized by a county board under Section 5-1127 of
        the Counties Code), 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 and
methamphetamine as defined in Section 10 of the Methamphetamine
Control and Community Protection 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 by an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; a plea of
guilty or nolo contendere accepted by the 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.
    (8.5) Day. "Day" means calendar day.
    (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 who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
    (13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
    (13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
    (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.
    (15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the individual
to operate certain types of commercial motor vehicles.
    (15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
398.3 from all or part of the qualification requirements of 49
C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
    (15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
    (16) (Blank).
    (16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle accident.
    (16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a citizen
of a foreign country who operates a commercial motor vehicle in
the United States.
    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the definition
of "State".
    (18) (Blank).
    (19) (Blank).
    (20) Hazardous materials. "Hazardous Material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
    (20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material 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.
    (20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
CLP or CDL.
    (20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
    (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.
    (21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
    (21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of Certified
Medical Examiners in accordance with Federal Motor Carrier
Safety Regulations, 49 CFR 390.101 et seq.
    (21.2) Medical examiner's certificate. "Medical examiner's
certificate" means a document prescribed or approved by the
Secretary of State that is issued by a medical examiner to a
driver to medically qualify him or her to drive.
    (21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
    (21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
    (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.
    (22.2) Motor vehicle record. "Motor vehicle record" means a
report of the driving status and history of a driver generated
from the driver record provided to users, such as drivers or
employers, and is subject to the provisions of the Driver
Privacy Protection Act, 18 U.S.C. 2721-2725.
    (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.
    (22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in interstate
commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
    (23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction 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.
    (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) Any other similar law or local ordinance of any
    state relating to railroad-highway grade crossing.
    (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 CLP or
    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 CLP or 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
            (viii) a violation relating to texting while
        driving; or
            (ix) a violation relating to the use of a hand-held
        mobile telephone while driving; 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).
    (32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
        (1) Texting includes, but is not limited to, short
    message service, emailing, instant messaging, a command or
    request to access a World Wide Web page, pressing more than
    a single button to initiate or terminate a voice
    communication using a mobile telephone, or engaging in any
    other form of electronic text retrieval or entry for
    present or future communication.
        (2) Texting does not include:
            (i) inputting, selecting, or reading information
        on a global positioning system or navigation system; or
            (ii) pressing a single button to initiate or
        terminate a voice communication using a mobile
        telephone; or
            (iii) using a device capable of performing
        multiple functions (for example, a fleet management
        system, dispatching device, smart phone, citizens band
        radio, or music player) for a purpose that is not
        otherwise prohibited by Part 392 of the Federal Motor
        Carrier Safety Regulations.
    (32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
    (32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills test
examiners to administer the CDL skills tests specified in 49
C.F.R. Part 383, subparts G and H.
    (32.7) United States. "United States" means the 50 states
and the District of Columbia.
    (33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
        (1) using at least one hand to hold a mobile telephone
    to conduct a voice communication;
        (2) dialing or answering a mobile telephone by pressing
    more than a single button; or
        (3) reaching for a mobile telephone in a manner that
    requires a driver to maneuver so that he or she is no
    longer in a seated driving position, restrained by a seat
    belt that is installed in accordance with 49 CFR 393.93 and
    adjusted in accordance with the vehicle manufacturer's
    instructions.
(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
eff. 1-1-13; 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722
for the effective date of changes made by P.A. 98-176); 98-463,
eff. 8-16-13; 98-722, eff. 7-16-14.)
 
    (625 ILCS 5/6-507)  (from Ch. 95 1/2, par. 6-507)
    (Text of Section before amendment by P.A. 98-176)
    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;
        (3) the proper class of CDL or endorsements or both for
    the specific vehicle group being operated or for the
    passengers or type of cargo being transported; or
        (4) a copy of a medical variance document, if one
    exists, such as an exemption letter or a skill performance
    evaluation certificate.
    (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 a driver or vehicle
    "out of service" order while operating a vehicle designed
    to transport 16 or more passengers, including the driver,
    or transporting hazardous materials required to be
    placarded. 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.
    (b-3) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways during a
period which the commercial motor vehicle or the motor carrier
operation is subject to an "out-of-service" order. Any person
who 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.
    (b-5) Except as otherwise provided by this Code, no person
may operate a vehicle designed to transport 16 or more
passengers including the driver or hazardous materials of a
type or quantity that requires the vehicle to be placarded
during a period in which the commercial motor vehicle or the
motor carrier operation is subject to an "out-of-service"
order. Any person who 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.
    (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; to and from a farm, 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.
    (c-10) A driver of a commercial motor vehicle used
primarily in the transportation of propane winter heating fuel
or a driver of a motor vehicle used to respond to a pipeline
emergency is waived from the requirements of this Section if
such requirements would prevent the driver from responding to
an emergency condition requiring immediate response as defined
in 49 C.F.R. Part 390.5.
    (d) Any person convicted of violating this Section, shall
be guilty of a Class A misdemeanor.
    (e) Any person convicted of violating paragraph (1) of
subsection (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. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229,
eff. 7-28-11; 97-813, eff. 7-13-12.)
 
    (Text of Section after amendment by P.A. 98-176)
    Sec. 6-507. Commercial Driver's License (CDL) or
Commercial Learner's Permit (CLP) Required.
    (a) Except as expressly permitted by this UCDLA, or when
driving pursuant to the issuance of a commercial learner's
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 CLP or CDL;
        (3) the proper class of CLP or CDL or endorsements or
    both for the specific vehicle group being operated or for
    the passengers or type of cargo being transported; or
        (4) a copy of a medical variance document, if one
    exists, such as an exemption letter or a skill performance
    evaluation certificate.
    (a-5) A CLP or CDL holder whose CLP or CDL is held by this
State or any other state in the course of enforcement of a
motor vehicle traffic code and who has not been convicted of a
disqualifying offense under 49 C.F.R. 383.51 based on this
enforcement, may drive a CMV while holding a dated receipt for
the CLP or CDL.
    (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 CLP or 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 a driver or vehicle
    "out of service" order while operating a vehicle designed
    to transport 16 or more passengers, including the driver,
    or transporting hazardous materials required to be
    placarded. Any person who has been issued a CLP or 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.
    (b-3) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways during a
period which the commercial motor vehicle or the motor carrier
operation is subject to an "out-of-service" order. Any person
who 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.
    (b-5) Except as otherwise provided by this Code, no person
may operate a vehicle designed to transport 16 or more
passengers including the driver or hazardous materials of a
type or quantity that requires the vehicle to be placarded
during a period in which the commercial motor vehicle or the
motor carrier operation is subject to an "out-of-service"
order. Any person who 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.
    (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; to and from a farm, 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.
    As required under the Code of Federal Regulations 49 CFR
390.39, an operator of a covered farm vehicle, as defined under
Section 18b-101 of this Code, is exempt from the requirements
of this Section.
    (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.
    (c-10) A driver of a commercial motor vehicle used
primarily in the transportation of propane winter heating fuel
or a driver of a motor vehicle used to respond to a pipeline
emergency is waived from the requirements of this Section if
such requirements would prevent the driver from responding to
an emergency condition requiring immediate response as defined
in 49 C.F.R. Part 390.5.
    (d) Any person convicted of violating this Section, shall
be guilty of a Class A misdemeanor.
    (e) Any person convicted of violating paragraph (1) of
subsection (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. 97-208, eff. 1-1-12; 97-229, eff. 7-28-11;
97-813, eff. 7-13-12; 98-176, eff. 7-8-15 (see Section 10 of
P.A. 98-722 for the effective date of changes made by P.A.
98-176).)
 
    (625 ILCS 5/6-508.1)
    (Text of Section before amendment by P.A. 98-176)
    Sec. 6-508.1. Medical Examiner's Certificate.
    (a) It shall be unlawful for any person to drive a CMV in
non-excepted interstate commerce unless the person holds a CDL
and is medically certified as physically qualified to do so.
    (b) No person who has certified to non-excepted interstate
driving as provided in Section 6-508 of this Code shall be
issued a commercial driver instruction permit or CDL unless
that person presents to the Secretary a medical examiner's
certificate or has a current medical examiner's certificate on
the CDLIS driver record.
    (c) Persons who hold a commercial driver instruction permit
or CDL on January 30, 2012 who have certified as non-excepted
interstate as provided in Section 6-508 of this Code must
provide to the Secretary a medical examiner's certificate no
later than January 30, 2014.
    (d) As of January 30, 2014, all persons who hold a
commercial driver instruction permit or CDL who have certified
as non-excepted interstate shall maintain a current medical
examiner's certificate on file with the Secretary.
    (e) Within 10 calendar days of receipt of a medical
examiner's certificate of a driver who has certified as
non-excepted interstate, the Secretary shall post the
following to the CDLIS driver record:
        (1) the medical examiner's name;
        (2) the medical examiner's telephone number;
        (3) the date of issuance of the medical examiner's
    certificate;
        (4) the medical examiner's license number and the state
    that issued it;
        (5) the medical certification status;
        (6) the expiration date of the medical examiner's
    certificate;
        (7) the existence of any medical variance on the
    medical examiner's certificate or grandfather provisions;
        (8) any restrictions noted on the medical examiner's
    certificate; and
        (9) the date the medical examiner's certificate
    information was posted to the CDLIS driver record.
    (f) Within 10 calendar days of the expiration or rescission
of the driver's medical examiner's certificate or medical
variance or both, the Secretary shall update the medical
certification status to "not certified".
    (g) Within 10 calendar days of receipt of information from
the Federal Motor Carrier Safety Administration regarding
issuance or renewal of a medical variance, the Secretary shall
update the CDLIS driver record to include the medical variance
information provided by the Federal Motor Carrier Safety
Administration.
    (h) The Secretary shall notify the driver of his or her
non-certified status and that his or her CDL will be canceled
unless the driver submits a current medical examiner's
certificate or medical variance or changes his or her
self-certification to driving only in excepted or intrastate
commerce.
    (i) Within 60 calendar days of a driver's medical
certification status becoming non-certified, the Secretary
shall cancel the CDL.
(Source: P.A. 97-208, eff. 1-1-12.)
 
    (Text of Section after amendment by P.A. 98-176)
    Sec. 6-508.1. Medical Examiner's Certificate.
    (a) It shall be unlawful for any person to drive a CMV in
non-excepted interstate commerce unless the person holds a CLP
or CDL and is medically certified as physically qualified to do
so.
    (b) No person who has certified to non-excepted interstate
driving as provided in Sections 6-507.5 and 6-508 of this Code
shall be issued a commercial learner's permit or CDL unless
that person presents to the Secretary a medical examiner's
certificate or has a current medical examiner's certificate on
the CDLIS driver record.
    (c) Persons who hold a commercial driver instruction permit
or CDL on January 30, 2012 who have certified as non-excepted
interstate as provided in Section 6-508 of this Code must
provide to the Secretary a medical examiner's certificate no
later than January 30, 2014.
    (d) On and after January 30, 2014, all persons who hold a
commercial driver instruction permit or CDL who have certified
as non-excepted interstate shall maintain a current medical
examiner's certificate on file with the Secretary. On and after
July 1, 2014, all persons issued a CLP who have certified as
non-excepted interstate shall maintain a current medical
examiner's certificate on file with the Secretary.
    (e) Within 10 calendar days of receipt of a medical
examiner's certificate of a driver who has certified as
non-excepted interstate, the Secretary shall post the
following to the CDLIS driver record:
        (1) the medical examiner's name;
        (2) the medical examiner's telephone number;
        (3) the date of issuance of the medical examiner's
    certificate;
        (4) the medical examiner's license number and the state
    that issued it;
        (5) the medical certification status;
        (6) the expiration date of the medical examiner's
    certificate;
        (7) the existence of any medical variance on the
    medical examiner's certificate or grandfather provisions;
        (8) any restrictions noted on the medical examiner's
    certificate; and
        (9) the date the medical examiner's certificate
    information was posted to the CDLIS driver record.
    (f) Within 10 calendar days of the expiration or rescission
of the driver's medical examiner's certificate or medical
variance or both, the Secretary shall update the medical
certification status to "not certified".
    (g) Within 10 calendar days of receipt of information from
the Federal Motor Carrier Safety Administration regarding
issuance or renewal of a medical variance, the Secretary shall
update the CDLIS driver record to include the medical variance
information provided by the Federal Motor Carrier Safety
Administration.
    (h) The Secretary shall notify the driver of his or her
non-certified status and that his or her CDL will be canceled
unless the driver submits a current medical examiner's
certificate or medical variance or changes his or her
self-certification to driving only in excepted or intrastate
commerce.
    (i) Within 60 calendar days of a driver's medical
certification status becoming non-certified, the Secretary
shall cancel the CDL.
    (j) As required under the Code of Federal Regulations 49
CFR 390.39, an operator of a covered farm vehicle, as defined
under Section 18b-101 of this Code, is exempt from the
requirements of this Section.
(Source: P.A. 97-208, eff. 1-1-12; 98-176, eff. 7-8-15 (see
Section 10 of P.A. 98-722 for the effective date of changes
made by P.A. 98-176).)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 999. Effective date. This Act takes effect July 1,
2015.