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| Public Act 096-1237 | ||||
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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 | ||||
Section 6-107.1 and by adding Section 11-507 as follows: | ||||
(625 ILCS 5/6-107.1) | ||||
Sec. 6-107.1. Instruction permit for a minor. | ||||
(a) The Secretary of State, upon
receiving proper | ||||
application and payment of the required fee, may issue an
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instruction permit to any person under the age of 18 years who | ||||
is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | ||||
or 8 of Section
6-103, after the applicant has successfully | ||||
passed such examination as the
Secretary of State in his | ||||
discretion may prescribe. | ||||
(1) An instruction permit issued under this Section
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shall be valid for a period of 24 months after the date of | ||||
its
issuance and shall be restricted, by the Secretary of | ||||
State, to the operation
of a motor vehicle by the minor | ||||
only when under direct supervision of accompanied by the | ||||
adult instructor
of a driver education program during | ||||
enrollment in the program or when
practicing under direct | ||||
supervision of with a parent,
legal guardian, family | ||||
member, or a person in loco parentis who is 21
years of age | ||||
or more, has a license classification to operate such | ||
vehicle
and at least one year of driving experience, and | ||
who is occupying a seat beside
the driver. | ||
(2) A 24 month instruction permit for a motor driven | ||
cycle may be issued
to
a person 16 or 17 years of age and | ||
entitles the holder to drive upon the
highways during | ||
daylight under direct supervision of a licensed motor | ||
driven
cycle operator or motorcycle operator 21 years of | ||
age or older who has a
license classification to operate | ||
such motor driven cycle or motorcycle and at
least one year | ||
of driving experience. | ||
(3) A 24 month instruction permit for a motorcycle | ||
other than a motor
driven
cycle may be issued to a person | ||
16 or 17 years of age in accordance with the
provisions of | ||
paragraph 2 of Section 6-103 and entitles a holder to drive | ||
upon
the highways during daylight under the direct | ||
supervision of a licensed
motorcycle operator 21 years of | ||
age or older who has at least one year of
driving
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experience. | ||
(b) An instruction permit issued under this Section when | ||
issued to a person
under the
age of 18 years shall, as a matter | ||
of law, be invalid for the operation of any
motor
vehicle | ||
during the following times:
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(1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
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(2) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
Sunday; and | ||
(3) Between 10:00 p.m. on Sunday to Thursday, | ||
inclusive, and 6:00 a.m. on the following day. | ||
The instruction permit of a person under the age of 18 | ||
shall not be invalid as described in paragraph (b) of this | ||
Section if the instruction permit holder under the age of 18 | ||
was: | ||
(1) accompanied by the minor's parent or guardian or | ||
other person in custody or control of the minor; | ||
(2) on an errand at the direction of the minor's parent | ||
or guardian, without any detour or stop; | ||
(3) in a motor vehicle involved in interstate travel; | ||
(4) going to or returning home from an employment | ||
activity, without any detour or stop; | ||
(5) involved in an emergency; | ||
(6) going to or returning home from, without any detour | ||
or stop, an official school, religious, or other | ||
recreational activity supervised by adults and sponsored | ||
by a government or governmental agency, a civic | ||
organization, or another similar entity that takes | ||
responsibility for the licensee, without any detour or | ||
stop; | ||
(7) exercising First Amendment rights protected by the | ||
United States Constitution, such as the free exercise of | ||
religion, freedom of speech, and the right of assembly; or | ||
(8) married or had been married or is an emancipated | ||
minor under the Emancipation of Minors Act. | ||
(b-1) No instruction permit shall be issued to any | ||
applicant who is under the age of 18 years and who has been | ||
certified to be a chronic or habitual truant, as defined in | ||
Section 26-2a of the School Code. | ||
An applicant under the age of 18 years who provides proof | ||
that he or she has resumed regular school attendance or that | ||
his or her application was denied in error shall be eligible to | ||
receive an instruction permit if other requirements are met. | ||
The Secretary shall adopt rules for implementing this | ||
subsection (b-1).
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(c) Any person under the age of 16 years who possesses an | ||
instruction permit
and
whose
driving privileges have been | ||
suspended or revoked under the provisions of this
Code shall | ||
not be granted a Family Financial Responsibility Driving Permit | ||
or a
Restricted Driving Permit. | ||
(Source: P.A. 94-916, eff. 7-1-07; 95-310, eff. 1-1-08.) | ||
(625 ILCS 5/11-507 new) | ||
Sec. 11-507. Supervising a minor driver while under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds or any combination thereof. | ||
(a) A person shall not accompany or provide instruction, | ||
pursuant to subsection (a) of Section 6-107.1 of this Code, to | ||
a driver who is a minor and driving a motor vehicle pursuant to | ||
an instruction permit under Section 6-107.1 of this Code, | ||
while: | ||
(1) the alcohol concentration in the person's blood
or | ||
breath is 0.08 or more based on the definition of blood and | ||
breath units in Section 11-501.2 of this Code; | ||
(2) under the influence of alcohol; | ||
(3) under the influence of any intoxicating compound
or | ||
combination of intoxicating compounds to a degree that | ||
renders the person incapable of properly supervising or | ||
providing instruction to the minor driver; | ||
(4) under the influence of any other drug or
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combination of drugs to a degree that renders the person | ||
incapable of properly supervising or providing instruction | ||
to the minor driver; | ||
(5) under the combined influence of alcohol, other
drug | ||
or drugs, or intoxicating compound or compounds to a degree | ||
that renders the person incapable of properly supervising | ||
or providing instruction to the minor driver; or | ||
(6) there is any amount of a drug, substance, or
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compound in the person's breath, blood, or urine resulting | ||
from the unlawful use or consumption of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act. | ||
(b) A person found guilty of violating this Section is | ||
guilty of an offense against the regulations governing the | ||
movement of vehicles.
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