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Public Act 92-0274
HB3065 Enrolled LRB9206822DHmb
AN ACT regarding 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 6-113 and 6-115 as follows:
(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
Sec. 6-113. Restricted licenses and permits.
(a) The Secretary of State upon issuing a drivers
license or permit shall have the authority whenever good
cause appears to impose restrictions suitable to the
licensee's driving ability with respect to the type of, or
special mechanical control devices required on, a motor
vehicle which the licensee may operate or such other
restrictions applicable to the licensee as the Secretary of
State may determine to be appropriate to assure the safe
operation of a motor vehicle by the licensee.
(b) The Secretary of State may either issue a special
restricted license or permit or may set forth such
restrictions upon the usual license or permit form.
(c) The Secretary of State may issue a probationary
license to a person whose driving privileges have been
suspended pursuant to subsection (d) of this Section or
subsections (a)(2), (a)(19) and (a)(20) of Section 6-206 of
this Code. The Secretary of State shall promulgate rules
pursuant to The Illinois Administrative Procedure Act,
setting forth the conditions and criteria for the issuance
and cancellation of probationary licenses.
(d) The Secretary of State may upon receiving
satisfactory evidence of any violation of the restrictions of
such license or permit suspend, revoke or cancel the same
without preliminary hearing, but the licensee or permittee
shall be entitled to a hearing as in the case of a suspension
or revocation.
(e) It is unlawful for any person to operate a motor
vehicle in any manner in violation of the restrictions
imposed on a restricted license or permit issued to him.
(f) Whenever the holder of a restricted driving permit
is issued a citation for any of the following offenses
including similar local ordinances, the restricted driving
permit is immediately invalidated:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Act relating
to the operation of a motor vehicle while under the
influence of intoxicating liquor or narcotic drugs;
3. Violation of Section 11-401 of this Act relating
to the offense of leaving the scene of a traffic accident
involving death or injury; or
4. Violation of Section 11-504 of this Act relating
to the offense of drag racing;
The police officer issuing the citation shall confiscate
the restricted driving permit and forward it, along with the
citation, to the Clerk of the Circuit Court of the county in
which the citation was issued.
(g) The Secretary of State may issue a special
restricted license for a period of 12 months to individuals
using vision aid arrangements other than standard eyeglasses
or contact lenses, allowing the operation of a motor vehicle
during nighttime hours. The Secretary of State shall adopt
rules defining the terms and conditions by which the
individual may obtain and renew this special restricted
license. At a minimum, all drivers must meet the following
requirements:
1. Possess a valid driver's license and have
operated a motor vehicle during daylight hours for a
period of 12 months using vision aid arrangements other
than standard eyeglasses or contact lenses.
2. Have a driving record that does not include any
traffic accidents that occurred during nighttime hours,
for which the driver has been found to be at fault,
during the 12 months before he or she applied for the
special restricted license.
3. Successfully complete a road test administered
during nighttime hours.
At a minimum, all drivers renewing this license must meet
the following requirements:
1. Successfully complete a road test administered
during nighttime hours.
2. Have a driving record that does not include any
traffic accidents that occurred during nighttime hours,
for which the driver has been found to be at fault,
during the 12 months before he or she applied for the
special restricted license.
(h) Any driver issued a special restricted license as
defined in subsection (g) whose privilege to drive during
nighttime hours has been suspended due to an accident
occurring during nighttime hours may request a hearing as
provided in Section 2-118 of this Code to contest that
suspension. If it is determined that the accident for which
the driver was at fault was not influenced by the driver's
use of vision aid arrangements other than standard eyeglasses
or contact lenses, the Secretary may reinstate that driver's
privilege to drive during nighttime hours.
(Source: P.A. 86-549.)
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of this Code
shall expire 4 years from the date of its issuance, or at
such later date, as the Secretary of State may by proper rule
and regulation designate, not to exceed 12 calendar months;
in the event that an applicant for renewal of a driver's
license fails to apply prior to the expiration date of the
previous driver's license, the renewal driver's license shall
expire 4 years from the expiration date of the previous
driver's license, or at such later date as the Secretary of
State may by proper rule and regulation designate, not to
exceed 12 calendar months.
The Secretary of State may, however, issue to a person
not previously licensed as a driver in Illinois a driver's
license which will expire not less than 4 years nor more than
5 years from date of issuance, except as provided elsewhere
in this Section.
The Secretary of State is authorized to issue driver's
licenses during the years 1984 through 1987 which shall
expire not less than 3 years nor more than 5 years from the
date of issuance, except as provided elsewhere in this
Section, for the purpose of converting all driver's licenses
issued under this Code to a 4 year expiration. Provided that
all original driver's licenses, except as provided elsewhere
in this Section, shall expire not less than 4 years nor more
than 5 years from the date of issuance.
(b) Before the expiration of a driver's license, except
those licenses expiring on the individual's 21st birthday, or
3 months after the individual's 21st birthday, the holder
thereof may apply for a renewal thereof, subject to all the
provisions of Section 6-103, and the Secretary of State may
require an examination of the applicant. A licensee whose
driver's license expires on his 21st birthday, or 3 months
after his 21st birthday, may not apply for a renewal of his
driving privileges until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the
expiration of a driver's license, forward to each person
whose license is to expire a notification of the expiration
of said license which may be presented at the time of renewal
of said license.
There may be included with such notification information
explaining the anatomical gift and Emergency Medical
Information Card provisions of Section 6-110. The format and
text of such information shall be prescribed by the
Secretary.
There shall be included with such notification, for a
period of 4 years beginning January 1, 2000 information
regarding the Illinois Adoption Registry and Medical
Information Exchange established in Section 18.1 of the
Adoption Act.
(d) The Secretary may defer the expiration of the
driver's license of a licensee, spouse, and dependent
children who are living with such licensee while on active
duty, serving in the Armed Forces of the United States
outside of the State of Illinois, and 45 days thereafter,
upon such terms and conditions as the Secretary may
prescribe.
(e) The Secretary of State may decline to process a
renewal of a driver's license of any person who has not paid
any fee or tax due under this Code and is not paid upon
reasonable notice and demand.
(f) The Secretary shall provide that each original or
renewal driver's license issued to a licensee under 21 years
of age shall expire 3 months after the licensee's 21st
birthday. Persons whose current driver's licenses expire on
their 21st birthday on or after January 1, 1986 shall not
renew their driver's license before their 21st birthday, and
their current driver's license will be extended for an
additional term of 3 months beyond their 21st birthday.
Thereafter, the expiration and term of the driver's license
shall be governed by subsection (a) hereof.
(g) The Secretary shall provide that each original or
renewal driver's license issued to a licensee 81 years of age
through age 86 shall expire 2 years from the date of
issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12
calendar months. The Secretary shall also provide that each
original or renewal driver's license issued to a licensee 87
years of age or older shall expire 12 months from the date of
issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12
calendar months.
(h) The Secretary of State shall provide that each
special restricted driver's license issued under subsection
(g) of Section 6-113 of this Code shall expire 12 months from
the date of issuance. The Secretary shall adopt rules
defining renewal requirements.
(Source: P.A. 91-417, eff. 1-1-00.)
Passed in the General Assembly May 15, 2001.
Approved August 07, 2001.
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