[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0249
SB826 Enrolled LRB9204852DHmb
AN ACT in relation to vehicles.
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 6-500, 6-506, 6-514, 6-524, 11-1201,
18b-105, and 18b-107 as follows:
(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 shall have
the meanings ascribed to them as follows:
Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to: ethanol;
methanol; propanol and isopropanol.
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.
Commercial Motor Vehicle. "Commercial motor vehicle"
means a motor vehicle, except those referred to in paragraph
(d), designed to transport passengers or property if:
(a) 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
(b) the vehicle is designed to transport 16 or more
persons; or
(c) the vehicle is transporting hazardous materials
and is required to be placarded in accordance with 49
C.F.R. Part 172, subpart F.
(d) Pursuant to the interpretation of the
Commercial Motor Vehicle Safety Act of 1986 by the
Federal Highway Administration, the definition of
"commercial 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.
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.
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.
Driver. "Driver" means any person who drives, operates,
or is in physical control of a commercial motor vehicle, or
who is required to hold a CDL.
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.
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.
Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the
definition of "State".
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.
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.
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.
Non-resident CDL. "Non-resident CDL" means a commercial
driver's license issued by a State to an individual who is
domiciled in a foreign jurisdiction.
Railroad-Highway Grade Crossing Violation.
"Railroad-Highway Grade Crossing Violation" means a
violation, while operating a commercial motor vehicle, of any
of the following:
(1) An offense listed in subsection (j) of Section
6-514 of this Code.
(2) Section 11-1201 of this Code.
(3) Section 11-1201.1 of this Code.
(4) Section 11-1202 of this Code.
(5) Section 11-1203 of this Code.
(6) 92 Illinois Administrative Code 392.10.
(7) 92 Illinois Administrative Code 392.11.
(8) Any local ordinance that is similar to any of
items (1) through (7).
Serious Traffic Violation. "Serious traffic violation"
means:
(a) A conviction when operating a commercial motor
vehicle 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.
State. "State" means a State of the United States, the
District of Columbia and any Province or Territory of Canada.
(Source: P.A. 89-179, eff. 1-1-96; 89-571, eff. 7-26-96;
90-89, eff. 1-1-98.)
(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
Sec. 6-506. Commercial motor vehicle driver -
employer/owner responsibilities.
(a) No employer or commercial motor vehicle owner shall
knowingly allow, permit, or authorize an employee to drive a
commercial motor vehicle on the highways during any period in
which such employee:
(1) has a driver's license suspended, revoked or
cancelled by any state; or
(2) has lost the privilege to drive a commercial motor
vehicle in any state; or
(3) has been disqualified from driving a commercial
motor vehicle; or
(4) has more than one driver's license, except as
provided by this UCDLA; or.
(5) is subject to or in violation of an "out-of-service"
order.
(b) No employer or commercial motor vehicle owner may
knowingly allow, permit, authorize, or require a driver to
operate a commercial motor vehicle in violation of any law or
regulation pertaining to railroad-highway grade crossings.
(c) Any employer convicted of violating subsection (a)
of this Section, whether individually or in connection with
one or more other persons, or as principal agent, or
accessory, shall be guilty of a Class A misdemeanor.
(Source: P.A. 86-845.)
(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
(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 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
(iii) Driving a commercial motor vehicle while
committing any felony.
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 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.
(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.
(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) (1) A driver shall be disqualified for the
applicable period specified in paragraph (2) for any
violation of a federal, State, or local law or regulation
pertaining to one of the following offenses at a
railroad-highway grade crossing while operating a commercial
motor vehicle:
(i) For drivers who are not always required to
stop, failing to slow down and check that the tracks
are clear of an approaching train.
(ii) For drivers who are not always required
to stop, failing to stop before reaching the
crossing, if the tracks are not clear.
(iii) For drivers who are always required to
stop, failing to stop before driving onto the
crossing.
(iv) For all drivers, failing to have
sufficient space to drive completely through the
crossing without stopping.
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing.
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance.
(2) The length of the disqualification shall be:
(i) Not less than 60 days in the case of a
conviction for any of the offenses described in
paragraph (1) if the person had no convictions for
any of the offenses described in paragraph (1)
during the 3-year period immediately preceding the
conviction.
(ii) Not less than 120 days in the case of a
conviction for any of the offenses described in
paragraph (1) if the person had one conviction for
any of the offenses described in paragraph (1)
during the 3-year period immediately preceding the
conviction.
(iii) Not less than one year in the case of a
conviction for any of the offenses described in
paragraph (1) if the person had 2 or more
convictions, based on separate incidents, for any of
the offenses described in paragraph (1) during the
3-year period immediately preceding the conviction.
(Source: P.A. 89-245, eff. 1-1-96; 90-422, eff. 1-1-98.)
(625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524)
Sec. 6-524. Penalties.
(a) Every person convicted of violating any provision of
this UCDLA for which another penalty is not provided shall
for a first offense be guilty of a petty offense; and for a
second conviction for any offense committed within 3 years of
any previous offense, shall be guilty of a Class B
misdemeanor.
(b) Any person convicted of violating subsection (b) of
Section 6-506 of this Code shall be subject to a civil
penalty of not more than $10,000.
(Source: P.A. 86-845.)
(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of
train.
(a) Whenever any person driving a vehicle approaches a
railroad grade crossing such person must exercise due care
and caution as the existence of a railroad track across a
highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall stop
within 50 feet but not less than 15 feet from the nearest
rail of the railroad and shall not proceed until he can do so
safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal
device gives warning of the immediate approach of a
railroad train;
2. A crossing gate is lowered or a human flagman
gives or continues to give a signal of the approach or
passage of a railroad train;
3. A railroad train approaching a highway crossing
emits a warning signal and such railroad train, by reason
of its speed or nearness to such crossing, is an
immediate hazard;
4. An approaching railroad train is plainly visible
and is in hazardous proximity to such crossing.
5. A railroad train is approaching so closely that
an immediate hazard is created.
(b) No person shall drive any vehicle through, around or
under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or
closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to
designate particularly dangerous highway grade crossings of
railroads and to erect stop signs thereat. When such stop
signs are erected the driver of any vehicle shall stop within
50 feet but not less than 15 feet from the nearest rail of
such railroad and shall proceed only upon exercising due
care.
(d) At any railroad grade crossing provided with
railroad crossbuck signs, without automatic, electric, or
mechanical signal devices, crossing gates, or a human flagman
giving a signal of the approach or passage of a train, the
driver of a vehicle shall in obedience to the railroad
crossbuck sign, yield the right-of-way and slow down to a
speed reasonable for the existing conditions and shall stop,
if required for safety, at a clearly marked stopped line, or
if no stop line, within 50 feet but not less than 15 feet
from the nearest rail of the railroad and shall not proceed
until he or she can do so safely. If a driver is involved in
a collision at a railroad crossing or interferes with the
movement of a train after driving past the railroad crossbuck
sign, the collision or interference is prima facie evidence
of the driver's failure to yield right-of-way.
(d-5) No person may drive any vehicle through a railroad
crossing if there is insufficient space to drive completely
through the crossing without stopping.
(e) A violation of any part of this Section shall result
in a mandatory fine of $500 or 50 hours of community service.
(f) Local authorities shall impose fines as established
in subsection (e) for vehicles that fail to obey signals
indicating the presence, approach, passage, or departure of a
train.
(Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and Regulations.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with
law necessary to carry out the provisions of this Chapter.
(b) The following parts of Title 49 of the Code of
Federal Regulations, as now in effect, are hereby adopted by
reference as though they were set out in full:
Part 383-Commercial Driver's License Standards,
Requirements, and Penalties;
Part 385-Safety Fitness Procedures;
Part 390-Federal Motor Carrier Safety Regulations:
General;
Part 391-Qualifications of Drivers;
Part 392-Driving of Motor Vehicles;
Part 393-Parts and Accessories Necessary for Safe
Operation;
Part 395-Hours of Service of Drivers; and
Part 396-Inspection, Repair and Maintenance.
(c) The following parts and Sections of the Federal
Motor Carrier Safety Regulations shall not apply to those
intrastate carriers, drivers or vehicles subject to
subsection (b).
(1) Section 393.93 of Part 393 for those vehicles
manufactured before June 30, 1972.
(2) Section 393.86 of Part 393 for those vehicles
which are registered as farm trucks under subsection (c)
of Section 3-815 of The Illinois Vehicle Code.
(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural movements
as defined in Chapter 1, between the period of February 1
through November 30 each year, and all farm to market
agricultural transportation as defined in Chapter 1 and
for grain hauling operations within a radius of 200 air
miles of the normal work reporting location.
(7) Paragraphs (b)(3) (insulin dependent diabetic)
and (b)(10) (minimum visual acuity) of Section 391.41 of
part 391, but only for any driver who immediately prior
to July 29, 1986 was eligible and licensed to operate a
motor vehicle subject to this Section and was engaged in
operating such vehicles, and who was disqualified on July
29, 1986 by the adoption of Part 391 by reason of the
application of paragraphs (b)(3) and (b)(10) of Section
391.41 with respect to a physical condition existing at
that time unless such driver has a record of accidents
which would indicate a lack of ability to operate a motor
vehicle in a safe manner.
(d) Intrastate carriers subject to the recording
provisions of Section 395.8 of Part 395 of the Federal Motor
Carrier Safety Regulations shall be exempt as established
under paragraph (1) of Section 395.8; provided, however, for
the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to
qualify for exempt status.
(e) Regulations adopted by the Department subsequent to
those adopted under subsection (b) hereof shall be identical
in substance to the Federal Motor Carrier Safety Regulations
of the United States Department of Transportation and adopted
in accordance with the procedures for rulemaking in Section
5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
90-655, eff. 7-30-98; 91-179, eff. 1-1-00.)
(625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
Sec. 18b-107. Violations - Civil penalties.
Except as provided in Section 18b-108, any person who is
determined by the Department after reasonable notice and
opportunity for a fair and impartial hearing to have
committed an act in violation of this Chapter or any rule or
regulation issued under this Chapter is liable to the State
for a civil penalty. Such person is subject to a civil
penalty of not more than $5,000 for such violation, except
that a person committing a railroad-highway grade crossing
violation is subject to a civil penalty of not more than
$10,000, and, if any such violation is a continuing one, each
day of violation constitutes a separate offense. The amount
of any such penalty shall be assessed by the Department by a
written notice. In determining the amount of such penalty,
the Department shall take into account the nature,
circumstances, extent and gravity of the violation and, with
respect to a person found to have committed such violation,
the degree of culpability, history or prior offenses, ability
to pay, effect on ability to continue to do business and such
other matters as justice may require.
Such civil penalty is recoverable in an action brought by
the State's Attorney or the Attorney General on behalf of the
State in the circuit court or, prior to referral to the
State's Attorney or the Attorney General, such civil penalty
may be compromised by the Department. The amount of such
penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State
to the person charged. All civil penalties collected under
this subsection shall be deposited in the Road Fund.
(Source: P.A. 86-611; 86-1236.)
Section 99. Effective date. This Act takes effect
January 1, 2002.
Passed in the General Assembly May 22, 2001.
Approved August 03, 2001.
[ Top ]