(625 ILCS 5/6‑500)
(from Ch. 95 1/2, par. 6‑500)
Sec. 6‑500.
Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this Code, for purposes of the Uniform Commercial Driver's License Act (UCDLA), the words and phrases listed below have the meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any form of alcohol, including but not limited to ethanol, methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
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(B) the number of grams of alcohol per 100 |
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(C) the number of grams of alcohol per 67 |
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Alcohol tests administered within 2 hours of the driver being "stopped or detained" shall be considered that driver's "alcohol concentration" for the purposes of enforcing this UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a |
| motor vehicle 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 |
|
(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 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.
(14) Employee. "Employee" means a person who is employed as a commercial motor vehicle driver. A person who is self‑employed as a commercial motor vehicle driver must comply with the requirements of this UCDLA pertaining to employees. An owner‑operator on a long‑term lease shall be considered an employee.
(15) Employer. "Employer" means a person (including the United States, a State or a local authority) who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle. A person who is self‑employed as a commercial motor vehicle driver must comply with the requirements of this UCDLA.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as a result of a motor vehicle accident.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a sovereign jurisdiction that does not fall within the definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous 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 a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
(21) Long‑term lease. "Long‑term lease" means a lease of a commercial motor vehicle by the owner‑lessor to a lessee, for a period of more than 29 days.
(22) Motor Vehicle. "Motor vehicle" means every vehicle which is self‑propelled, and every vehicle which is propelled by electric power obtained from over head trolley wires but not operated upon rails, except vehicles moved solely by human power and motorized wheel chairs.
(22.5) Non‑CMV. "Non‑CMV" means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle" or "CMV" in this Section.
(23) Non‑resident CDL. "Non‑resident CDL" means a commercial driver's license issued by a state under either of the following two conditions:
(i) to an individual domiciled in a foreign country |
| meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. of the Federal Motor Carrier Safety Administration. | |
(ii) to an individual domiciled in another state |
| meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. of the Federal Motor Carrier Safety Administration. | |
(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 |
|
(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 |
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(vii) a violation relating to following another |
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(B) any other similar violation of a law or local |
| ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious. | |
(27) State. "State" means a state of the United States, the District of Columbia and any province or territory of Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑334, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07; 95‑382, eff. 8‑23‑07.) |
(625 ILCS 5/6‑507)
(from Ch. 95 1/2, par. 6‑507)
Sec. 6‑507.
Commercial Driver's License (CDL) Required.
(a) Except as expressly permitted by this UCDLA, or when driving pursuant to the issuance of a commercial driver instruction permit and accompanied by the holder of a CDL valid for the vehicle being driven; no person shall drive a commercial motor vehicle on the highways without:
(1) a CDL in the driver's possession;
(2) having obtained a CDL; or
(3) the proper class of CDL or endorsements or both
| for the specific vehicle group being operated or for the passengers or type of cargo being transported. | |
(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 transport passengers or hazardous materials 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. 95‑382, eff. 8‑23‑07; 96‑544, eff. 1‑1‑10.) |
(625 ILCS 5/6‑508)
(from Ch. 95 1/2, par. 6‑508)
Sec. 6‑508.
Commercial Driver's License (CDL) ‑ qualification standards.
(a) Testing.
(1) General. No person shall be issued an original
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| or renewal CDL unless that person is domiciled in this State. The Secretary shall cause to be administered such tests as the Secretary deems necessary to meet the requirements of 49 C.F.R. Part 383, subparts F, G, H, and J. |
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(2) Third party testing. The Secretary of state may |
| authorize a "third party tester", pursuant to 49 C.F.R. Part 383.75, to administer the skills test or tests specified by Federal Motor Carrier Safety Administration pursuant to the Commercial Motor Vehicle Safety Act of 1986 and any appropriate federal rule. |
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(b) Waiver of Skills Test. The Secretary of State may waive the skills test specified in this Section for a driver applicant for a commercial driver license who meets the requirements of 49 C.F.R. Part 383.77 and Part 383.123.
(c) Limitations on issuance of a CDL. A CDL, or a commercial driver instruction permit, shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or unless otherwise permitted by this Code, while the person's driver's license is suspended, revoked or cancelled in any state, or any territory or province of Canada; nor may a CDL be issued to a person who has a CDL issued by any other state, or foreign jurisdiction, unless the person first surrenders all such licenses. No CDL shall be issued to or renewed for a person who does not meet the requirement of 49 CFR 391.41(b)(11). The requirement may be met with the aid of a hearing aid.
(c‑1) The Secretary may issue a CDL with a school bus driver endorsement to allow a person to drive the type of bus described in subsection (d‑5) of Section 6‑104 of this Code. The CDL with a school bus driver endorsement may be issued only to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints |
| to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases; |
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(2) the person has passed a written test, |
| administered by the Secretary of State, on charter bus operation, charter bus safety, and certain special traffic laws relating to school buses determined by the Secretary of State to be relevant to charter buses, and submitted to a review of the driver applicant's driving habits by the Secretary of State at the time the written test is given; |
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(3) the person has demonstrated physical fitness to |
| operate school buses by submitting the results of a medical examination, including tests for drug use; and |
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(4) the person has not been convicted of committing |
| or attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 8‑1.2, 9‑1, 9‑1.2, 9‑2, 9‑2.1, 9‑3, 9‑3.2, 9‑3.3, 10‑1, 10‑2, 10‑3.1, 10‑4, 10‑5, 10‑5.1, 10‑6, 10‑7, 10‑9, 11‑6, 11‑6.5, 11‑6.6, 11‑9, 11‑9.1, 11‑9.3, 11‑9.4, 11‑14, 11‑14.1, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑17.1, 11‑18, 11‑18.1, 11‑19, 11‑19.1, 11‑19.2, 11‑20, 11‑20.1, 11‑20.3, 11‑21, 11‑22, 11‑23, 11‑24, 11‑25, 11‑26, 12‑2.6, 12‑3.1, 12‑4, 12‑4.1, 12‑4.2, 12‑4.2‑5, 12‑4.3, 12‑4.4, 12‑4.5, 12‑4.6, 12‑4.7, 12‑4.9, 12‑6, 12‑6.2, 12‑7.1, 12‑7.3, 12‑7.4, 12‑7.5, 12‑11, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 12‑16.2, 12‑21.5, 12‑21.6, 12‑33, 16‑16, 16‑16.1, 18‑1, 18‑2, 18‑3, 18‑4, 18‑5, 20‑1, 20‑1.1, 20‑1.2, 20‑1.3, 20‑2, 24‑1, 24‑1.1, 24‑1.2, 24‑1.2‑5, 24‑1.6, 24‑1.7, 24‑2.1, 24‑3.3, 24‑3.5, 31A‑1, 31A‑1.1, 33A‑2, and 33D‑1, and in subsection (b) of Section 8‑1, and in subsection (a) and subsection (b), clause (1), of Section 12‑4, and in subsection (A), clauses (a) and (b), of Section 24‑3, and those offenses contained in Article 29D of the Criminal Code of 1961; (ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act; (iii) those offenses defined in the Illinois Controlled Substances Act; (iv) those offenses defined in the Methamphetamine Control and Community Protection Act; (v) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses; (vi) the offenses defined in Sections 4.1 and 5.1 of the Wrongs to Children Act; (vii) those offenses defined in Section 6‑16 of the Liquor Control Act of 1934; and (viii) those offenses defined in the Methamphetamine Precursor Control Act. |
|
The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and may not exceed the actual cost of the records check.
(c‑2) The Secretary shall issue a CDL with a school bus endorsement to allow a person to drive a school bus as defined in this Section. The CDL shall be issued according to the requirements outlined in 49 C.F.R. 383. A person may not operate a school bus as defined in this Section without a school bus endorsement. The Secretary of State may adopt rules consistent with Federal guidelines to implement this subsection (c‑2).
(d) Commercial driver instruction permit. A commercial driver instruction permit may be issued to any person holding a valid Illinois driver's license if such person successfully passes such tests as the Secretary determines to be necessary. A commercial driver instruction permit shall not be issued to a person who does not meet the requirements of 49 CFR 391.41 (b)(11), except for the renewal of a commercial driver instruction permit for a person who possesses a commercial instruction permit prior to the effective date of this amendatory Act of 1999.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑382, eff. 8‑23‑07; 96‑1182, eff. 7‑22‑10.) |
(625 ILCS 5/6‑514)
(from Ch. 95 1/2, par. 6‑514)
Sec. 6‑514.
Commercial Driver's License (CDL) ‑ Disqualifications.
(a) A person shall be disqualified from driving a commercial motor vehicle for a period of not less than 12 months for the first violation of:
(1) Refusing to submit to or failure to complete a
| test or tests to determine the driver's blood concentration of alcohol, other drug, or both, while driving a commercial motor vehicle or, if the driver is a CDL holder, while driving a non‑CMV; or | |
(2) Operating a commercial motor vehicle while the |
| alcohol concentration of the person's blood, breath or urine is at least 0.04, or any amount of a drug, substance, or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as indicated by a police officer's sworn report or other verified evidence; or operating a non‑commercial motor vehicle while the alcohol concentration of the person's blood, breath, or urine was above the legal limit defined in Section 11‑501.1 or 11‑501.8 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, a controlled substance listed in the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as indicated by a police officer's sworn report or other verified evidence while holding a commercial driver's license; or | |
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if |
| the driver is a CDL holder, driving a non‑CMV while under the influence of alcohol, or any other drug, or combination of drugs to a degree which renders such person incapable of safely driving; or | |
(ii) Knowingly and wilfully leaving the scene of |
| an accident while operating a commercial motor vehicle or, if the driver is a CDL holder, while driving a non‑CMV; or | |
(iii) Driving a commercial motor vehicle or, if |
| the driver is a CDL holder, driving a non‑CMV while committing any felony; or | |
(iv) Driving a commercial motor vehicle while the |
| person's driving privileges or driver's license or permit is revoked, suspended, or cancelled or the driver is disqualified from operating a commercial motor vehicle; or | |
(v) Causing a fatality through the negligent |
| operation of a commercial motor vehicle, including but not limited to the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide. | |
As used in this subdivision (a)(3)(v), "motor |
| vehicle manslaughter" means the offense of involuntary manslaughter if committed by means of a vehicle; "homicide by a motor vehicle" means the offense of first degree murder or second degree murder, if either offense is committed by means of a vehicle; and "negligent homicide" means reckless homicide under Section 9‑3 of the Criminal Code of 1961 and aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof under subdivision (d)(1)(F) of Section 11‑501 of this Code. | |
If any of the above violations or refusals occurred |
| while transporting hazardous material(s) required to be placarded, the person shall be disqualified for a period of not less than 3 years. | |
(b) A person is disqualified for life for a second conviction of any of the offenses specified in paragraph (a), or any combination of those offenses, arising from 2 or more separate incidents.
(c) A person is disqualified from driving a commercial motor vehicle for life if the person either (i) uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance or (ii) if the person is a CDL holder, uses a non‑CMV in the commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States Secretary of Transportation so authorizes, issue regulations in which a disqualification for life under paragraph (b) may be reduced to a period of not less than 10 years. If a reinstated driver is subsequently convicted of another disqualifying offense, as specified in subsection (a) of this Section, he or she shall be permanently disqualified for life and shall be ineligible to again apply for a reduction of the lifetime disqualification.
(e) A person is disqualified from driving a commercial motor vehicle for a period of not less than 2 months if convicted of 2 serious traffic violations, committed in a commercial motor vehicle, arising from separate incidents, occurring within a 3 year period. However, a person will be disqualified from driving a commercial motor vehicle for a period of not less than 4 months if convicted of 3 serious traffic violations, committed in a commercial motor vehicle, arising from separate incidents, occurring within a 3 year period.
(e‑1) A person is disqualified from driving a commercial motor vehicle for a period of not less than 2 months if convicted of 2 serious traffic violations committed in a non‑CMV while holding a CDL, arising from separate incidents, occurring within a 3 year period, if the convictions would result in the suspension or revocation of the CDL holder's non‑CMV privileges. A person shall be disqualified from driving a commercial motor vehicle for a period of not less than 4 months, however, if he or she is convicted of 3 or more serious traffic violations committed in a non‑CMV while holding a CDL, arising from separate incidents, occurring within a 3 year period, if the convictions would result in the suspension or revocation of the CDL holder's non‑CMV privileges.
(f) Notwithstanding any other provision of this Code, any driver disqualified from operating a commercial motor vehicle, pursuant to this UCDLA, shall not be eligible for restoration of commercial driving privileges during any such period of disqualification.
(g) After suspending, revoking, or cancelling a commercial driver's license, the Secretary of State must update the driver's records to reflect such action within 10 days. After suspending or revoking the driving privilege of any person who has been issued a CDL or commercial driver instruction permit from another jurisdiction, the Secretary shall originate notification to such issuing jurisdiction within 10 days.
(h) The "disqualifications" referred to in this Section shall not be imposed upon any commercial motor vehicle driver, by the Secretary of State, unless the prohibited action(s) occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of |
| paragraph (2) of subsection (b) or subsection (b‑3) of Section 6‑507 of this Code. | |
(2) For 2 years upon a second conviction of |
| paragraph (2) of subsection (b) or subsection (b‑3) or any combination of paragraphs (2) or (3) of subsection (b) or subsections (b‑3) or (b‑5) of Section 6‑507 of this Code within a 10‑year period if the second conviction is a violation of paragraph (2) of subsection (b) or subsection (b‑3). | |
(3) For 3 years upon a third or subsequent |
| conviction of paragraph (2) of subsection (b) or subsection (b‑3) or any combination of paragraphs (2) or (3) of subsection (b) or subsections (b‑3) or (b‑5) of Section 6‑507 of this Code within a 10‑year period if the third or subsequent conviction is a violation of paragraph (2) of subsection (b) or subsection (b‑3). | |
(4) For one year upon a first conviction of |
| paragraph (3) of subsection (b) or subsection (b‑5) of Section 6‑507 of this Code. | |
(5) For 3 years upon a second conviction of |
| paragraph (3) of subsection (b) or subsection (b‑5) or any combination of paragraphs (2) or (3) of subsection (b) or subsections (b‑3) or (b‑5) of Section 6‑507 of this Code within a 10‑year period if the second conviction is a violation of paragraph (3) of subsection (b) or (b‑5). | |
(6) For 5 years upon a third or subsequent |
| conviction of paragraph (3) of subsection (b) or subsection (b‑5) or any combination of paragraphs (2) or (3) of subsection (b) or subsections (b‑3) or (b‑5) of Section 6‑507 of this Code within a 10‑year period if the third or subsequent conviction is a violation of paragraph (3) of subsection (b) or (b‑5). | |
(j) Disqualification for railroad‑highway grade crossing violation.
(1) General rule. A driver who is convicted of a |
| violation of a federal, State, or local law or regulation pertaining to one of the following 6 offenses at a railroad‑highway grade crossing must be disqualified from operating a commercial motor vehicle for the period of time specified in paragraph (2) of this subsection (j) if the offense was committed while operating a commercial motor vehicle: | |
(i) For drivers who are not required to always |
| stop, failing to slow down and check that the tracks are clear of an approaching train, as described in subsection (a‑5) of Section 11‑1201 of this Code; | |
(ii) For drivers who are not required to always |
| stop, failing to stop before reaching the crossing, if the tracks are not clear, as described in subsection (a) of Section 11‑1201 of this Code; | |
(iii) For drivers who are always required to |
| stop, failing to stop before driving onto the crossing, as described in Section 11‑1202 of this Code; | |
(iv) For all drivers, failing to have sufficient |
| space to drive completely through the crossing without stopping, as described in subsection (b) of Section 11‑1425 of this Code; | |
(v) For all drivers, failing to obey a traffic |
| control device or the directions of an enforcement official at the crossing, as described in subdivision (a)2 of Section 11‑1201 of this Code; | |
(vi) For all drivers, failing to negotiate a |
| crossing because of insufficient undercarriage clearance, as described in subsection (d‑1) of Section 11‑1201 of this Code. | |
(2) Duration of disqualification for |
| railroad‑highway grade crossing violation. | |
(i) First violation. A driver must be |
| disqualified from operating a commercial motor vehicle for not less than 60 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three‑year period preceding the conviction, the driver had no convictions for a violation described in paragraph (1) of this subsection (j). | |
(ii) Second violation. A driver must be |
| disqualified from operating a commercial motor vehicle for not less than 120 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three‑year period preceding the conviction, the driver had one other conviction for a violation described in paragraph (1) of this subsection (j) that was committed in a separate incident. | |
(iii) Third or subsequent violation. A driver |
| must be disqualified from operating a commercial motor vehicle for not less than one year if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three‑year period preceding the conviction, the driver had 2 or more other convictions for violations described in paragraph (1) of this subsection (j) that were committed in separate incidents. | |
(k) Upon notification of a disqualification of a driver's commercial motor vehicle privileges imposed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, in accordance with 49 C.F.R. 383.52, the Secretary of State shall immediately record to the driving record the notice of disqualification and confirm to the driver the action that has been taken.
(Source: P.A. 95‑382, eff. 8‑23‑07; 96‑544, eff. 1‑1‑10.) |
(625 ILCS 5/6‑520)
(from Ch. 95 1/2, par. 6‑520)
(Text of Section before amendment by P.A. 96‑1344
)
Sec. 6‑520.
CDL disqualification or out‑of‑service order; hearing.
(a) A disqualification of commercial driving privileges by the Secretary of State, pursuant to this UCDLA, shall not become effective until the person is notified in writing, by the Secretary, of the impending disqualification and advised that a CDL hearing may be requested of the Secretary if the stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification not based upon a conviction; an out‑of‑service order; or notification that a CDL disqualification is forthcoming, the person may make a written petition in a form, approved by the Secretary of State, for a CDL hearing with the Secretary if the stop or arrest occurred in a commercial motor vehicle. Such petition must state the grounds upon which the person seeks to have the CDL disqualification rescinded or the out‑of‑service order removed from the person's driving record. Within 10 days after the receipt of such petition, it shall be reviewed by the Director of the Department of Administrative Hearings, Office of the Secretary of State, or by an appointed designee. If it is determined that the petition on its face does not state grounds upon which the relief may be based, the petition for a CDL hearing shall be denied and the disqualification shall become effective as if no petition had been filed and the out‑of‑service order shall be sustained. If such petition is so denied, the person may submit another petition.
(c) The scope of a CDL hearing, for any disqualification imposed pursuant to paragraphs (1) and (2) of subsection (a) of Section 6‑514, resulting from the operation of a commercial motor vehicle, shall be limited to the following issues:
1. Whether the person was operating a commercial
|
|
2. Whether, after making the initial stop, the police |
| officer had probable cause to issue a Sworn Report; |
|
3. Whether the person was verbally warned of the |
| ensuing consequences prior to submitting to any type of chemical test or tests to determine such person's blood concentration of alcohol, other drug, or both; |
|
4. Whether the person did refuse to submit to or |
| failed to complete the chemical testing or did submit to such test or tests and such test or tests disclosed an alcohol concentration of at least 0.04 or any amount of a drug, substance, or compound 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 or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in the person's system; |
|
5. Whether the person was warned that if the test or |
| tests disclosed an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such results could be admissible in a subsequent prosecution under Section 11‑501 of this Code or similar provision of local ordinances; and |
|
6. Whether such results could not be used to impose |
| any driver's license sanctions pursuant to Section 11‑501.1. |
|
Upon the conclusion of the above CDL hearing, the CDL disqualification imposed shall either be sustained or rescinded.
(d) The scope of a CDL hearing for any out‑of‑service sanction, imposed pursuant to Section 6‑515, shall be limited to the following issues:
1. Whether the person was driving a commercial motor |
|
2. Whether, while driving such commercial motor |
| vehicle, the person had alcohol or any amount of a drug, substance, or compound 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 or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in such person's system; |
|
3. Whether the person was verbally warned of the |
| ensuing consequences prior to being asked to submit to any type of chemical test or tests to determine such person's alcohol, other drug, or both, concentration; and |
|
4. Whether, after being so warned, the person did |
| refuse to submit to or failed to complete such chemical test or tests or did submit to such test or tests and such test or tests disclosed an alcohol concentration greater than 0.00 or any amount of a drug, substance, or compound 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 or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. |
|
Upon the conclusion of the above CDL hearing, the out‑of‑service sanction shall either be sustained or removed from the person's driving record.
(e) If any person petitions for a hearing relating to any CDL disqualification based upon a conviction, as defined in this UCDLA, said hearing shall not be conducted as a CDL hearing, but shall be conducted as any other driver's license hearing, whether formal or informal, as promulgated in the rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for the purposes of this UCDLA, shall be sufficient probable cause for requesting the driver to submit to a chemical test or tests to determine the presence of alcohol, other drug, or both in the person's system and the subsequent issuance of an out‑of‑service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall mean a hearing before the Office of the Secretary of State in accordance with Section 2‑118 of this Code, for the purpose of resolving differences or disputes specifically related to the scope of the issues identified in this Section relating to the operation of a commercial motor vehicle. These proceedings will be a matter of record and a final appealable order issued. The petition for a CDL hearing shall not stay or delay the effective date of the impending disqualification.
(h) The CDL hearing may be conducted upon a review of the police officer's own official reports; provided however, that the petitioner may subpoena the officer. Failure of the officer to answer the subpoena shall be grounds for a continuance.
(i) Any CDL disqualification based upon a statutory summary suspension resulting from an arrest of a CDL holder while operating a non‑commercial motor vehicle, may only be contested by filing a petition to contest the statutory summary suspension in the appropriate circuit court as provided for in Section 2‑118.1 of this Code.
(Source: P.A. 95‑382, eff. 8‑23‑07.)
(Text of Section after amendment by P.A. 96‑1344 )
Sec. 6‑520. CDL disqualification or out‑of‑service order; hearing.
(a) A disqualification of commercial driving privileges by the Secretary of State, pursuant to this UCDLA, shall not become effective until the person is notified in writing, by the Secretary, of the impending disqualification and advised that a CDL hearing may be requested of the Secretary if the stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification not based upon a conviction; an out‑of‑service order; or notification that a CDL disqualification is forthcoming, the person may make a written petition in a form, approved by the Secretary of State, for a CDL hearing with the Secretary if the stop or arrest occurred in a commercial motor vehicle. Such petition must state the grounds upon which the person seeks to have the CDL disqualification rescinded or the out‑of‑service order removed from the person's driving record. Within 10 days after the receipt of such petition, it shall be reviewed by the Director of the Department of Administrative Hearings, Office of the Secretary of State, or by an appointed designee. If it is determined that the petition on its face does not state grounds upon which the relief may be based, the petition for a CDL hearing shall be denied and the disqualification shall become effective as if no petition had been filed and the out‑of‑service order shall be sustained. If such petition is so denied, the person may submit another petition.
(c) The scope of a CDL hearing, for any disqualification imposed pursuant to paragraphs (1) and (2) of subsection (a) of Section 6‑514, resulting from the operation of a commercial motor vehicle, shall be limited to the following issues:
1. Whether the person was operating a commercial |
|
2. Whether, after making the initial stop, the police |
| officer had probable cause to issue a Sworn Report; |
|
3. Whether the person was verbally warned of the |
| ensuing consequences prior to submitting to any type of chemical test or tests to determine such person's blood concentration of alcohol, other drug, or both; |
|
4. Whether the person did refuse to submit to or |
| failed to complete the chemical testing or did submit to such test or tests and such test or tests disclosed an alcohol concentration of at least 0.04 or any amount of a drug, substance, or compound 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 or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in the person's system; |
|
5. Whether the person was warned that if the test or |
| tests disclosed an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such results could be admissible in a subsequent prosecution under Section 11‑501 of this Code or similar provision of local ordinances; and |
|
6. Whether such results could not be used to impose |
| any driver's license sanctions pursuant to Section 11‑501.1. |
|
Upon the conclusion of the above CDL hearing, the CDL disqualification imposed shall either be sustained or rescinded.
(d) The scope of a CDL hearing for any out‑of‑service sanction, imposed pursuant to Section 6‑515, shall be limited to the following issues:
1. Whether the person was driving a commercial motor |
|
2. Whether, while driving such commercial motor |
| vehicle, the person had alcohol or any amount of a drug, substance, or compound 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 or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in such person's system; |
|
3. Whether the person was verbally warned of the |
| ensuing consequences prior to being asked to submit to any type of chemical test or tests to determine such person's alcohol, other drug, or both, concentration; and |
|
4. Whether, after being so warned, the person did |
| refuse to submit to or failed to complete such chemical test or tests or did submit to such test or tests and such test or tests disclosed an alcohol concentration greater than 0.00 or any amount of a drug, substance, or compound 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 or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. |
|
Upon the conclusion of the above CDL hearing, the out‑of‑service sanction shall either be sustained or removed from the person's driving record.
(e) If any person petitions for a hearing relating to any CDL disqualification based upon a conviction, as defined in this UCDLA, said hearing shall not be conducted as a CDL hearing, but shall be conducted as any other driver's license hearing, whether formal or informal, as promulgated in the rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for the purposes of this UCDLA, shall be sufficient probable cause for requesting the driver to submit to a chemical test or tests to determine the presence of alcohol, other drug, or both in the person's system and the subsequent issuance of an out‑of‑service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall mean a hearing before the Office of the Secretary of State in accordance with Section 2‑118 of this Code, for the purpose of resolving differences or disputes specifically related to the scope of the issues identified in this Section relating to the operation of a commercial motor vehicle. These proceedings will be a matter of record and a final appealable order issued. The petition for a CDL hearing shall not stay or delay the effective date of the impending disqualification.
(h) The CDL hearing may be conducted upon a review of the police officer's own official reports; provided however, that the petitioner may subpoena the officer. Failure of the officer to answer the subpoena shall be grounds for a continuance.
(i) Any CDL disqualification based upon a statutory summary suspension or revocation resulting from an arrest of a CDL holder while operating a non‑commercial motor vehicle, may only be contested by filing a petition to contest the statutory summary suspension or revocation in the appropriate circuit court as provided for in Section 2‑118.1 of this Code.
(Source: P.A. 95‑382, eff. 8‑23‑07; 96‑1344, eff. 7‑1‑11.) |