(625 ILCS 5/6‑103)
(from Ch. 95 1/2, par. 6‑103)
Sec. 6‑103.
What persons shall not be licensed as drivers or granted
permits.
The Secretary of State shall not issue, renew, or
allow the retention of any driver's
license nor issue any permit under this Code:
1. To any person, as a driver, who is under the age
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of 18 years except as provided in Section 6‑107, and except that an instruction permit may be issued under Section 6‑107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1‑103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6‑107.1 to a child who is 17 years and 9 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 6 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
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2. To any person who is under the age of 18 as an
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operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6‑107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation and successfully completes the required Secretary of State's motorcycle driver's examination;
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3. To any person, as a driver, whose driver's
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license or permit has been suspended, during the suspension, nor to any person whose driver's license or permit has been revoked, except as provided in Sections 6‑205, 6‑206, and 6‑208;
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4. To any person, as a driver, who is a user of
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alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;
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5. To any person, as a driver, who has previously
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been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
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6. To any person, as a driver, who is required by
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the Secretary of State to submit an alcohol and drug evaluation or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
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7. To any person who is required under the
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provisions of the laws of this State to deposit security or proof of financial responsibility and who has not deposited the security or proof;
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8. To any person when the Secretary of State has
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good cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
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9. To any person, as a driver, who is 69 years of
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age or older, unless the person has successfully complied with the provisions of Section 6‑109;
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10. To any person convicted, within 12 months of
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application for a license, of any of the sexual offenses enumerated in paragraph 2 of subsection (b) of Section 6‑205;
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11. To any person who is under the age of 21 years
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with a classification prohibited in paragraph (b) of Section 6‑104 and to any person who is under the age of 18 years with a classification prohibited in paragraph (c) of Section 6‑104;
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12. To any person who has been either convicted of
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or adjudicated under the Juvenile Court Act of 1987 based upon a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. The Secretary of State shall not issue a new license or permit for a period of one year;
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13. To any person who is under the age of 18 years
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and who has committed the offense of operating a motor vehicle without a valid license or permit in violation of Section 6‑101;
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14. To any person who is 90 days or more delinquent
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in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days' obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
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15. To any person released from a term of
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imprisonment for violating Section 9‑3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide or for violating subparagraph (F) of paragraph (1) of subsection (d) of Section 11‑501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, within 24 months of release from a term of imprisonment;
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16. To any person who, with intent to influence any
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act related to the issuance of any driver's license or permit, by an employee of the Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or permit for 120 consecutive days. The Secretary of State shall establish by rule the procedures for implementing this period of disqualification and the procedures by which persons so disqualified may obtain administrative review of the decision to disqualify; or
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17. To any person for whom the Secretary of State
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cannot verify the accuracy of any information or documentation submitted in application for a driver's license.
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The Secretary of State shall retain all conviction
information, if the information is required to be held confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 93‑174, eff. 1‑1‑04; 93‑712, eff. 1‑1‑05; 93‑783, eff. 1‑1‑05; 93‑788, eff. 1‑1‑05; 93‑895, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.)
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(625 ILCS 5/6‑106.1)
(from Ch. 95 1/2, par. 6‑106.1)
Sec. 6‑106.1.
School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the
Department of
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on the effective date of this Act possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Department of
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
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license issued by the Secretary of State;
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3. possess a valid driver's license, which has not
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been revoked, suspended, or canceled for 3 years immediately prior to the date of application, or have not had his or her commercial motor vehicle driving privileges disqualified within the 3 years immediately prior to the date of application;
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4. successfully pass a written test, administered by
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the Secretary of State, on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant's driving habits by the Secretary of State at the time the written test is given;
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5. demonstrate ability to exercise reasonable care in
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the operation of school buses in accordance with rules promulgated by the Secretary of State;
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6. demonstrate physical fitness to operate school
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buses by submitting the results of a medical examination, including tests for drug use for each applicant not subject to such testing pursuant to federal law, conducted by a licensed physician, an advanced practice nurse who has a written collaborative agreement with a collaborating physician which authorizes him or her to perform medical examinations, or a physician assistant who has been delegated the performance of medical examinations by his or her supervising physician within 90 days of the date of application according to standards promulgated by the Secretary of State;
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7. affirm under penalties of perjury that he or she
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has not made a false statement or knowingly concealed a material fact in any application for permit;
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8. have completed an initial classroom course,
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including first aid procedures, in school bus driver safety as promulgated by the Secretary of State; and after satisfactory completion of said initial course an annual refresher course; such courses and the agency or organization conducting such courses shall be approved by the Secretary of State; failure to complete the annual refresher course, shall result in cancellation of the permit until such course is completed;
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9. not have been convicted of 2 or more serious
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traffic offenses, as defined by rule, within one year prior to the date of application that may endanger the life or safety of any of the driver's passengers within the duration of the permit period;
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10. not have been convicted of reckless driving,
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driving while intoxicated, or reckless homicide resulting from the operation of a motor vehicle within 3 years of the date of application;
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11. not have been convicted of committing or
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attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 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, 10‑6, 10‑7, 11‑6, 11‑9, 11‑9.1, 11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑18, 11‑19, 11‑19.1, 11‑19.2, 11‑20, 11‑20.1, 11‑21, 11‑22, 12‑3.1, 12‑4.1, 12‑4.2, 12‑4.3, 12‑4.4, 12‑4.5, 12‑6, 12‑6.2, 12‑7.1, 12‑7.3, 12‑7.4, 12‑11, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 12‑16.2, 12‑21.5, 12‑21.6, 12‑33, 18‑1, 18‑2, 18‑3, 18‑4, 18‑5, 20‑1, 20‑1.1, 20‑2, 24‑1, 24‑1.1, 24‑1.2, 24‑3.3, 31A‑1, 31A‑1.1, and 33A‑2, and in subsection (a) and subsection (b), clause (1), of Section 12‑4 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 Section 4.1 and 5.1 of the Wrongs to Children Act and (vii) those offenses defined in Section 6‑16 of the Liquor Control Act of 1934;
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12. not have been repeatedly involved as a driver in
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motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree which indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
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13. not have, through the unlawful operation of a
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motor vehicle, caused an accident resulting in the death of any person; and
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14. not have, within the last 5 years, been adjudged
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to be afflicted with or suffering from any mental disability or disease.
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(b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, social
security number and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre‑employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Department of State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre‑employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the
Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre‑employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Department of State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
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driver permit of an applicant whose criminal background investigation discloses that he or she is not in compliance with the provisions of subsection (a) of this Section.
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(2) The Secretary of State shall cancel a school bus
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driver permit when he or she receives notice that the permit holder fails to comply with any provision of this Section or any rule promulgated for the administration of this Section.
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(3) The Secretary of State shall cancel a school bus
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driver permit if the permit holder's restricted commercial or commercial driving privileges are withdrawn or otherwise invalidated.
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(4) The Secretary of State may not issue a school bus
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driver permit for a period of 3 years to an applicant who fails to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
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(5) The Secretary of State shall forthwith suspend a
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school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
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The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2‑118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3‑14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6‑106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(Source: P.A. 93‑895, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.)
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(625 ILCS 5/6‑106.1a)
Sec. 6‑106.1a.
Cancellation of school bus driver permit; trace of alcohol.
(a) A person who has been issued a school bus driver permit by the Secretary
of State in accordance with Section 6‑106.1 of this Code and who drives or is
in actual physical control of a school bus
or any other vehicle owned or operated by or for a public or private
school, or a school operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the transportation of persons
enrolled as students in grade 12 or below, in connection with any activity of
the entities listed, upon the public highways of this State shall be
deemed to have given consent to a chemical test or tests of blood, breath, or
urine for the purpose of determining the alcohol content of the person's blood
if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation of this
Code or a similar provision of a local ordinance, if a police officer
has probable cause to believe that the driver has consumed any amount of an
alcoholic beverage based upon evidence of the driver's physical condition
or other first hand knowledge of the police officer. The test or tests shall
be administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the aforesaid tests shall
be administered. A urine test may be administered even after a blood or breath
test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following provisions:
(1) Chemical analysis of the person's blood, urine, |
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breath, or other substance, to be considered valid under the provisions of this Section, shall have been performed according to standards promulgated by the Department of State Police by an individual possessing a valid permit issued by the Department of State Police for this purpose. The Director of State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, to issue permits that shall be subject to termination or revocation at the direction of the Department of State Police, and to certify the accuracy of breath testing equipment. The Department of State Police shall prescribe rules as necessary.
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(2) When a person submits to a blood test at the
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request of a law enforcement officer under the provisions of this Section, only a physician authorized to practice medicine, a registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician may withdraw blood for the purpose of determining the alcohol content. This limitation does not apply to the taking of breath or urine specimens.
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(3) The person tested may have a physician,
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qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any test or tests administered at the direction of a law enforcement officer. The test administered at the request of the person may be admissible into evidence at a hearing conducted in accordance with Section 2‑118 of this Code. The failure or inability to obtain an additional test by a person shall not preclude the consideration of the previously performed chemical test.
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(4) Upon a request of the person who submits to a
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chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or that person's attorney by the requesting law enforcement agency within 72 hours of receipt of the test result.
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(5) Alcohol concentration means either grams of
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alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
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(6) If a driver is receiving medical treatment as a
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result of a motor vehicle accident, a physician licensed to practice medicine, registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol upon the specific request of a law enforcement officer. However, that testing shall not be performed until, in the opinion of the medical personnel on scene, the withdrawal can be made without interfering with or endangering the well‑being of the patient.
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(c) A person requested to submit to a test as provided in this Section shall
be warned
by the law enforcement officer requesting the test that a refusal to submit to
the test, or
submission to the test resulting in an alcohol concentration of more than 0.00,
may result
in the loss of that person's privilege to possess a school bus driver
permit. The loss of the individual's privilege to possess a school bus driver
permit shall be imposed in accordance with Section 6‑106.1b of this Code.
(d) If the person refuses testing or submits to a test that discloses an
alcohol concentration of more than 0.00, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on a form
prescribed by the Secretary of State certifying that the test or tests were
requested under subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol concentration of more
than 0.00. The law enforcement officer shall submit the same sworn report when
a person who has been issued a school bus driver permit and who was operating a
school bus or any other vehicle owned
or operated by or for a public or private school, or a school operated by a
religious institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as students in grade
12 or below, in connection with
any activity of the entities listed, submits to testing under Section 11‑501.1
of this Code and the testing discloses an alcohol concentration of more than
0.00 and less than the alcohol concentration at which driving or being in
actual physical control of a motor vehicle is prohibited under paragraph (1) of
subsection (a) of Section 11‑501.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the school bus driver permit sanction on the
individual's driving record and the sanction shall be effective on the
46th day following the date notice of the sanction was given to the person.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this school bus driver permit sanction on the person and the sanction
shall be effective on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than 0.00 is
established by a subsequent analysis of blood or urine, the police officer or
arresting agency shall give notice as provided in this Section or by deposit in
the United States mail of that notice in an envelope with postage prepaid and
addressed to that person at his or her last known address and the loss of the
school
bus driver permit shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall also give notice of the school bus driver permit sanction to the
driver and the driver's current employer by mailing a notice of the effective
date of the sanction to the individual. However, shall the sworn report be
defective by not containing sufficient information or be completed in error,
the notice of the school bus driver permit sanction may not be mailed to the
person or his current employer or entered to the driving record,
but rather the sworn report shall be returned to the issuing law enforcement
agency.
(e) A driver may contest this school bus driver permit sanction by
requesting an administrative hearing with the Secretary of State in accordance
with Section 2‑118 of this Code. An individual whose blood alcohol
concentration is shown to be more than 0.00 is not subject to this Section if
he or she consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is shown to be more
than 0.00 shall not be subject to this Section if the individual's blood
alcohol concentration resulted only from ingestion of the prescribed or
recommended dosage of medicine that contained alcohol. The petition for that
hearing shall not stay or delay the effective date of the impending suspension.
The scope of this hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to
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believe that the person was driving or in actual physical control of a school bus or any other vehicle owned or operated by or for a public or private school, or a school operated by a religious institution, when the vehicle is being used over a regularly scheduled route for the transportation of persons enrolled as students in grade 12 or below, in connection with any activity of the entities listed, upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of this Code or a similar provision of a local ordinance; and
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(2) whether the person was issued a Uniform Traffic
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Ticket for any violation of this Code or a similar provision of a local ordinance; and
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(3) whether the police officer had probable cause to
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believe that the driver had consumed any amount of an alcoholic beverage based upon the driver's physical actions or other first‑hand knowledge of the police officer; and
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(4) whether the person, after being advised by the
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officer that the privilege to possess a school bus driver permit would be canceled if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's alcohol concentration; and
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(5) whether the person, after being advised by the
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officer that the privileges to possess a school bus driver permit would be canceled if the person submits to a chemical test or tests and the test or tests disclose an alcohol concentration of more than 0.00 and the person did submit to and complete the test or tests that determined an alcohol concentration of more than 0.00; and
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(6) whether the test result of an alcohol
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concentration of more than 0.00 was based upon the person's consumption of alcohol in the performance of a religious service or ceremony; and
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(7) whether the test result of an alcohol
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concentration of more than 0.00 was based upon the person's consumption of alcohol through ingestion of the prescribed or recommended dosage of medicine.
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The Secretary of State may adopt administrative rules setting forth
circumstances under which the holder of a school bus driver permit is not
required to
appear in
person at the hearing.
Provided that the petitioner may subpoena the officer, the hearing may be
conducted upon a review of the law enforcement officer's own official
reports. Failure of the officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under Section 2‑118 of this
Code, the Secretary of State may rescind, continue, or modify
the school bus driver permit sanction.
(f) The results of any chemical testing performed in accordance with
subsection (a) of this Section are not admissible in any civil or criminal
proceeding, except that the results
of the testing may be considered at a hearing held under Section 2‑118 of this
Code. However, the results of the testing may not be used to impose
driver's license sanctions under Section 11‑501.1 of this Code. A law
enforcement officer may, however, pursue a statutory summary suspension of
driving privileges under Section 11‑501.1 of this Code if other physical
evidence or first hand knowledge forms the basis of that suspension.
(g) This Section applies only to drivers who have been issued a school bus
driver permit in accordance with Section 6‑106.1 of this Code at the time of
the issuance of the Uniform Traffic Ticket for a violation of this
Code or a similar provision of a local ordinance, and a chemical test
request is made under this Section.
(h) The action of the Secretary of State in suspending, revoking, canceling,
or denying any license, permit, registration, or certificate of title shall be
subject to judicial review in the Circuit Court of Sangamon County or in the
Circuit Court of Cook County, and the provisions of the Administrative Review
Law and its rules are hereby adopted and shall apply to and govern every
action for the judicial review of final acts or decisions of the Secretary of
State under this Section.
(Source: P.A. 90‑107, eff. 1‑1‑98; 91‑124, eff. 7‑16‑99; 91‑828, eff. 1‑1‑01.)
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(625 ILCS 5/6‑107)
(from Ch. 95 1/2, par. 6‑107)
(Text of Section from P.A. 94‑239)
Sec. 6‑107.
Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle accidents,
fatalities,
and injuries by:
(1) providing for an increase in the time of
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practice period before granting permission to obtain a driver's license;
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(2) strengthening driver licensing and testing
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standards for persons under the age of 21 years;
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(3) sanctioning driving privileges of drivers under
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age 21 who have committed serious traffic violations or other specified offenses; and
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(4) setting stricter standards to promote the
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public's health and safety.
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(b) The application of any person under
the age of 18 years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of
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(2) Passed an approved driver education course and
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submits proof of having passed the course as may be required.
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(3) certification by the parent, legal guardian, or
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responsible adult that the applicant has had a minimum of 25 hours of behind‑the‑wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle.
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(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6‑101 of this Code
and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6‑205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act or the Illinois Controlled
Substances Act, while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act or Section 410 of the Illinois
Controlled Substances Act shall not be considered convicted. Any person found
guilty of this offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that this offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 6 months to any
applicant
under
the
age of 18 years who has been convicted of any offense defined as a serious
traffic violation in this Code or
a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12‑603 of this Code.
(f) No graduated driver's license holder under the age of 18 shall operate a
motor vehicle unless each driver and passenger under the
age of 18 is wearing a properly adjusted and fastened seat safety belt and each child under the age of 8 is protected as required under the Child Passenger Protection Act.
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 6 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step‑siblings, children, or stepchildren of the driver.
(Source: P.A. 93‑101, eff. 1‑1‑04; 93‑788, eff. 1‑1‑05; 94‑239, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑241)
Sec. 6‑107. Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle accidents,
fatalities,
and injuries by:
(1) providing for an increase in the time of
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practice period before granting permission to obtain a driver's license;
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(2) strengthening driver licensing and testing
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standards for persons under the age of 21 years;
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(3) sanctioning driving privileges of drivers under
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age 21 who have committed serious traffic violations or other specified offenses; and
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(4) setting stricter standards to promote the
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public's health and safety.
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(b) The application of any person under
the age of 18 years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of
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(2) Passed an approved driver education course and
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submits proof of having passed the course as may be required.
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(3) certification by the parent, legal guardian, or
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responsible adult that the applicant has had a minimum of 25 hours of behind‑the‑wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle.
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(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6‑101 of this Code
and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6‑205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act or the Illinois Controlled
Substances Act, while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act or Section 410 of the Illinois
Controlled Substances Act shall not be considered convicted. Any person found
guilty of this offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that this offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 6 months to any
applicant
under
the
age of 18 years who has been convicted of any offense defined as a serious
traffic violation in this Code or
a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12‑603 of this Code.
(f) No graduated driver's license holder under the age of 18 shall operate a
motor vehicle unless each driver and front or back seat passenger under the
age of 19 is wearing a properly adjusted and fastened seat safety belt.
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 6 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step‑siblings, children, or stepchildren of the driver.
(Source: P.A. 93‑101, eff. 1‑1‑04; 93‑788, eff. 1‑1‑05; 94‑241, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑556)
Sec. 6‑107. Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle accidents,
fatalities,
and injuries by:
(1) providing for an increase in the time of
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practice period before granting permission to obtain a driver's license;
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(2) strengthening driver licensing and testing
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standards for persons under the age of 21 years;
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(3) sanctioning driving privileges of drivers under
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age 21 who have committed serious traffic violations or other specified offenses; and
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(4) setting stricter standards to promote the
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public's health and safety.
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(b) The application of any person under
the age of 18 years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of
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(2) Passed an approved driver education course and
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submits proof of having passed the course as may be required.
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(3) certification by the parent, legal guardian, or
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responsible adult that the applicant has had a minimum of 25 hours of behind‑the‑wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle.
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(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6‑101 of this Code
and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6‑205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found
guilty of this offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that this offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 6 months to any
applicant
under
the
age of 18 years who has been convicted of any offense defined as a serious
traffic violation in this Code or
a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12‑603 of this Code.
(f) No graduated driver's license holder under the age of 18 shall operate a
motor vehicle unless each driver and front or back seat passenger under the
age of 18 is wearing a properly adjusted and fastened seat safety belt.
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 6 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step‑siblings, children, or stepchildren of the driver.
(Source: P.A. 93‑101, eff. 1‑1‑04; 93‑788, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.)
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(625 ILCS 5/6‑118) (from Ch. 95 1/2, par. 6‑118)
Sec. 6‑118. Fees.
(a) The fee for licenses and permits under this
Article is as follows:
Original driver's license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$10
Original or renewal driver's license
issued to 18, 19 and 20 year olds . . . . . . . . . . . . . . . . . . . .
5
All driver's licenses for persons
age 69 through age 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
All driver's licenses for persons
age 81 through age 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
All driver's licenses for persons
age 87 or older . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal . . . . . . . . . . . . . . . . . . . .
5
Any instruction permit issued to a person
age 69 and older . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Restricted driving permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Duplicate or corrected driver's license
or permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Duplicate or corrected restricted
driving permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Original or renewal M or L endorsement . . . . . . . . . . . . . . . . . . .
5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits |
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under Article V shall be as follows:
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Commercial driver's license:
$6 for the CDLIS/AAMVAnet Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification . . . . . . . . . . . . . . . . . . . . .
$50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction . . . . . . . . . . . . . . . . . . . . . . . . . .
$5
CDL duplicate or corrected license . . . . . . . . . . . . . . . . . . . . . .
$5
In order to ensure the proper implementation of the Uniform Commercial
Driver License Act, Article V of this Chapter, the Secretary of State is
empowered to pro‑rate the $24 fee for the commercial driver's license
proportionate to the expiration date of the applicant's Illinois driver's
license.
The fee for any duplicate license or permit shall be waived for any
person age 60 or older who presents the Secretary of State's office with a
police report showing that his license or permit was stolen.
No additional fee shall be charged for a driver's license, or for a
commercial driver's license, when issued
to the holder of an instruction permit for the same classification or
type of license who becomes eligible for such
license.
(b) Any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked under any
provision of
Chapter 6, Chapter 11, or Section 7‑205, 7‑303, or 7‑702 of the Family
Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Summary suspension under Section 11‑501.1 . . . . . . . . . . . .
$250
Other suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$70
Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$500
However, any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked for a second or subsequent time
for a violation of Section 11‑501 or 11‑501.1
of this Code or a similar provision of a local ordinance
or a similar out‑of‑state offense
or Section 9‑3 of the Criminal Code of 1961
and each suspension or revocation was for a violation of Section 11‑501 or
11‑501.1 of this Code or a similar provision of a local ordinance
or a similar out‑of‑state offense
or Section
9‑3 of the Criminal Code of 1961
shall pay, in addition to any other
fees required by this Code, a
reinstatement
fee as follows:
Summary suspension under Section 11‑501.1 . . . . . . . . . . . . .
$500
Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$500
(c) All fees collected under the provisions of this Chapter 6 shall be
paid into the Road Fund in the State Treasury except as follows:
1. The following amounts shall be paid into the
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(A) $16 of the $20 fee for an original driver's
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(B) $5 of the $10 fee for an original driver's
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(C) $5 of the $10 fee for a 4 year renewal
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(D) $4 of the $8 fee for a restricted driving
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2. $30 of the $250 fee for reinstatement of a
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license summarily suspended under Section 11‑501.1 shall be deposited into the Drunk and Drugged Driving Prevention Fund. However, for a person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11‑501 or 11‑501.1 of this Code or Section 9‑3 of the Criminal Code of 1961, $190 of the $500 fee for reinstatement of a license summarily suspended under Section 11‑501.1, and $190 of the $500 fee for reinstatement of a revoked license shall be deposited into the Drunk and Drugged Driving Prevention Fund.
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3. $6 of such original or renewal fee for a
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commercial driver's license and $6 of the commercial driver instruction permit fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet Trust Fund.
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4. $30 of the $70 fee for reinstatement of a license
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suspended under the Family Financial Responsibility Law shall be paid into the Family Responsibility Fund.
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5. The $5 fee for each original or renewal M or L
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endorsement shall be deposited into the Cycle Rider Safety Training Fund.
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6. $20 of any original or renewal fee for a
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commercial driver's license or commercial driver instruction permit shall be paid into the Motor Carrier Safety Inspection Fund.
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7. The following amounts shall be paid into the
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(A) $190 of the $250 reinstatement fee for a
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summary suspension under Section 11‑501.1;
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(B) $40 of the $70 reinstatement fee for any
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other suspension provided in subsection (b) of this Section; and
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(C) $440 of the $500 reinstatement fee for a
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first offense revocation and $310 of the $500 reinstatement fee for a second or subsequent revocation.
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(Source: P.A. 92‑458, eff. 8‑22‑01; 93‑32, eff. 1‑1‑04 ; 93‑788, eff. 1‑1‑05.)
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(625 ILCS 5/6‑204)
(from Ch. 95 1/2, par. 6‑204)
Sec. 6‑204.
When Court to forward License and Reports.
(a) For the purpose of providing to the Secretary of State the records
essential to the performance of the Secretary's duties under this Code to
cancel, revoke or suspend the driver's license and privilege to drive motor
vehicles of certain minors adjudicated truant minors in need of supervision,
addicted, or delinquent and of persons
found guilty of the criminal offenses or traffic violations
which this Code recognizes as evidence relating to unfitness to safely operate
motor vehicles, the following duties are imposed upon public officials:
(1) Whenever any person is convicted of any offense
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for which this Code makes mandatory the cancellation or revocation of the driver's license or permit of such person by the Secretary of State, the judge of the court in which such conviction is had shall require the surrender to the clerk of the court of all driver's licenses or permits then held by the person so convicted, and the clerk of the court shall, within 5 days thereafter, forward the same, together with a report of such conviction, to the Secretary.
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(2) Whenever any person is convicted of any offense
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under this Code or similar offenses under a municipal ordinance, other than regulations governing standing, parking or weights of vehicles, and excepting the following enumerated Sections of this Code: Sections 11‑1406 (obstruction to driver's view or control), 11‑1407 (improper opening of door into traffic), 11‑1410 (coasting on downgrade), 11‑1411 (following fire apparatus), 11‑1419.01 (Motor Fuel Tax I.D. Card), 12‑101 (driving vehicle which is in unsafe condition or improperly equipped), 12‑201(a) (daytime lights on motorcycles), 12‑202 (clearance, identification and side marker lamps), 12‑204 (lamp or flag on projecting load), 12‑205 (failure to display the safety lights required), 12‑401 (restrictions as to tire equipment), 12‑502 (mirrors), 12‑503 (windshields must be unobstructed and equipped with wipers), 12‑601 (horns and warning devices), 12‑602 (mufflers, prevention of noise or smoke), 12‑603 (seat safety belts), 12‑702 (certain vehicles to carry flares or other warning devices), 12‑703 (vehicles for oiling roads operated on highways), 12‑710 (splash guards and replacements), 13‑101 (safety tests), 15‑101 (size, weight and load), 15‑102 (width), 15‑103 (height), 15‑104 (name and address on second division vehicles), 15‑107 (length of vehicle), 15‑109.1 (cover or tarpaulin), 15‑111 (weights), 15‑112 (weights), 15‑301 (weights), 15‑316 (weights), 15‑318 (weights), and also excepting the following enumerated Sections of the Chicago Municipal Code: Sections 27‑245 (following fire apparatus), 27‑254 (obstruction of traffic), 27‑258 (driving vehicle which is in unsafe condition), 27‑259 (coasting on downgrade), 27‑264 (use of horns and signal devices), 27‑265 (obstruction to driver's view or driver mechanism), 27‑267 (dimming of headlights), 27‑268 (unattended motor vehicle), 27‑272 (illegal funeral procession), 27‑273 (funeral procession on boulevard), 27‑275 (driving freight hauling vehicles on boulevard), 27‑276 (stopping and standing of buses or taxicabs), 27‑277 (cruising of public passenger vehicles), 27‑305 (parallel parking), 27‑306 (diagonal parking), 27‑307 (parking not to obstruct traffic), 27‑308 (stopping, standing or parking regulated), 27‑311 (parking regulations), 27‑312 (parking regulations), 27‑313 (parking regulations), 27‑314 (parking regulations), 27‑315 (parking regulations), 27‑316 (parking regulations), 27‑317 (parking regulations), 27‑318 (parking regulations), 27‑319 (parking regulations), 27‑320 (parking regulations), 27‑321 (parking regulations), 27‑322 (parking regulations), 27‑324 (loading and unloading at an angle), 27‑333 (wheel and axle loads), 27‑334 (load restrictions in the downtown district), 27‑335 (load restrictions in residential areas), 27‑338 (width of vehicles), 27‑339 (height of vehicles), 27‑340 (length of vehicles), 27‑352 (reflectors on trailers), 27‑353 (mufflers), 27‑354 (display of plates), 27‑355 (display of city vehicle tax sticker), 27‑357 (identification of vehicles), 27‑358 (projecting of loads), and also excepting the following enumerated paragraphs of Section 2‑201 of the Rules and Regulations of the Illinois State Toll Highway Authority: (l) (driving unsafe vehicle on tollway), (m) (vehicles transporting dangerous cargo not properly indicated), it shall be the duty of the clerk of the court in which such conviction is had within 5 days thereafter to forward to the Secretary of State a report of the conviction and the court may recommend the suspension of the driver's license or permit of the person so convicted.
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The reporting requirements of this subsection shall apply to all
violations stated in paragraphs (1) and (2) of this
subsection when the
individual has been adjudicated under the Juvenile Court Act or the
Juvenile Court Act of 1987. Such reporting requirements shall also apply to
individuals adjudicated under the Juvenile Court Act or the Juvenile Court Act
of 1987 who have committed a violation of Section 11‑501 of this Code, or
similar provision of a local ordinance, or Section 9‑3 of the Criminal Code
of 1961, as amended, relating to the offense of reckless homicide.
The reporting requirements of this subsection shall also apply to
a truant minor in need of supervision, an addicted
minor, or a delinquent minor and whose driver's license and privilege to
drive a motor vehicle has been ordered suspended for such times as determined
by the Court, but only until he or she attains
18 years of age. It shall be the duty of the clerk of the court in which
adjudication is had within 5 days thereafter to forward to the Secretary of
State a report of the adjudication and the court order requiring the Secretary
of State to suspend the minor's driver's license and driving privilege for such
time as determined by the Court, but only until he or she attains the age of 18
years. All juvenile court dispositions reported to the Secretary of State
under this provision shall be processed by the Secretary of State as if the
cases had been adjudicated in traffic or criminal court. However, information
reported relative to the offense of reckless homicide, or Section 11‑501 of
this Code, or a similar provision of a local ordinance, shall be privileged
and available only to the Secretary of State, courts, and police officers.
The reporting requirements of this subsection (a)
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apply to all violations listed in paragraphs (1) and (2) of this subsection (a), excluding parking violations, when the driver holds a CDL, regardless of the type of vehicle in which the violation occurred, or when any driver committed the violation in a commercial motor vehicle as defined in Section 6‑500 of this Code.
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(3) Whenever an order is entered vacating the
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forfeiture of any bail, security or bond given to secure appearance for any offense under this Code or similar offenses under municipal ordinance, it shall be the duty of the clerk of the court in which such vacation was had or the judge of such court if such court has no clerk, within 5 days thereafter to forward to the Secretary of State a report of the vacation.
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(4) A report of any disposition of court supervision
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for a violation of Sections 6‑303, 11‑401, 11‑501 or a similar provision of a local ordinance, 11‑503 and 11‑504 shall be forwarded to the Secretary of State. A report of any disposition of court supervision for a violation of an offense defined as a serious traffic violation in this Code or a similar provision of a local ordinance committed by a person under the age of 21 years shall be forwarded to the Secretary of State.
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(5) Reports of conviction under this Code and
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sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium shall be forwarded to the Secretary of State via the Supreme Court in the form and format required by the Illinois Supreme Court and established by a written agreement between the Supreme Court and the Secretary of State. In counties with a population over 300,000, instead of forwarding reports to the Supreme Court, reports of conviction under this Code and sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium may be forwarded to the Secretary of State by the Circuit Court Clerk in a form and format required by the Secretary of State and established by written agreement between the Circuit Court Clerk and the Secretary of State. Failure to forward the reports of conviction or sentencing hearing under the Juvenile Court Act of 1987 as required by this Section shall be deemed an omission of duty and it shall be the duty of the several State's Attorneys to enforce the requirements of this Section.
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(b) Whenever a restricted driving permit is forwarded to a court, as a
result of confiscation by a police officer pursuant to the authority in
Section 6‑113(f), it shall be the duty of the clerk, or judge, if the court
has no clerk, to forward such restricted driving permit and a facsimile of
the officer's citation to the Secretary of State as expeditiously as
practicable.
(c) For the purposes of this Code, a forfeiture of bail or collateral
deposited to secure a defendant's appearance in court when forfeiture
has not been vacated, or the failure of a defendant to appear for trial
after depositing his driver's license in lieu of other bail, shall be
equivalent to a conviction.
(d) For the purpose of providing the Secretary of State with records
necessary to properly monitor and assess driver performance and assist the
courts in the proper disposition of repeat traffic law offenders, the clerk
of the court shall forward to the Secretary of State,
on a form prescribed
by the Secretary, records of a driver's participation in a driver remedial
or rehabilitative program which was required, through a court order or court
supervision, in relation to the driver's arrest for a violation of Section
11‑501 of this Code or a similar provision of a local ordinance.
The clerk of the court shall also forward to the Secretary, either on
paper or in an electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any disposition
of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2)
of subsection (a) of this Section.
These reports
shall be sent within 5
days after disposition, or, if
the driver is
referred to a driver
remedial or rehabilitative program, within 5 days of the driver's referral
to that program.
These reports received by the Secretary of State, including those required to
be forwarded under paragraph (a)(4), shall be privileged information, available
only (i) to the affected driver and (ii) for use by the courts, police
officers, prosecuting authorities, and the Secretary of State. In accordance with 49 C.F.R. Part 384, all reports of court supervision, except violations related to parking, shall be forwarded to the Secretary of State for all holders of a CDL or any driver who commits an offense while driving a commercial motor vehicle. These reports shall be recorded to the driver's record as a conviction for use in the disqualification of the driver's commercial motor vehicle privileges and shall not be privileged information.
(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑930, eff. 6‑26‑06.)
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(625 ILCS 5/6‑205)
(from Ch. 95 1/2, par. 6‑205)
Sec. 6‑205.
Mandatory revocation of license or permit; Hardship cases.
(a) Except as provided in this Section, the Secretary of State shall
immediately revoke the license, permit, or driving privileges of
any driver upon receiving a
report of the driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of
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2. Violation of Section 11‑501 of this Code or a
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similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
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3. Any felony under the laws of any State or the
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federal government in the commission of which a motor vehicle was used;
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4. Violation of Section 11‑401 of this Code relating
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to the offense of leaving the scene of a traffic accident involving death or personal injury;
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5. Perjury or the making of a false affidavit or
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statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles;
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6. Conviction upon 3 charges of violation of Section
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11‑503 of this Code relating to the offense of reckless driving committed within a period of 12 months;
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7. Conviction of any offense defined in Section
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8. Violation of Section 11‑504 of this Code relating
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to the offense of drag racing;
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9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12‑5 of the Criminal Code
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of 1961 arising from the use of a motor vehicle;
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11. Violation of Section 11‑204.1 of this Code
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relating to aggravated fleeing or attempting to elude a peace officer;
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12. Violation of paragraph (1) of subsection (b) of
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Section 6‑507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle;
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13. Violation of paragraph (a) of Section 11‑502 of
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this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.
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(b) The Secretary of State shall also immediately revoke the license
or permit of any driver in the following situations:
1. Of any minor upon receiving the notice provided
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for in Section 5‑901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in Section 4‑103 of this Code;
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2. Of any person when any other law of this State
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requires either the revocation or suspension of a license or permit.
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(c) Whenever a person is convicted of any of the offenses enumerated in
this Section, the court may recommend and the Secretary of State in his
discretion, without regard to whether the recommendation is made by the
court may, upon application,
issue to the person a
restricted driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a household member
of the petitioner's family for the receipt of necessary medical care or, if
the professional evaluation indicates, provide transportation for the
petitioner for alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate that no alternative means
of transportation is reasonably available and the petitioner will not endanger
the public safety or welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship would result from a failure to issue the
restricted driving permit.
If a person's license or permit has been revoked or suspended due to 2 or
more convictions of violating Section 11‑501 of this Code or a similar
provision of a local ordinance or a similar out‑of‑state offense, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1‑129.1.
If a person's license or permit has been revoked or suspended 2 or more
times within a 10 year period due to a single conviction of violating Section
11‑501 of this Code or a similar provision of a local ordinance or a similar
out‑of‑state offense, and a statutory summary suspension under Section
11‑501.1, or 2 or more statutory summary suspensions, or combination of 2
offenses, or of an offense and a statutory summary suspension, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1‑129.1.
The person must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $20 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees.
If the restricted driving permit was issued for employment purposes, then
this provision does not apply to the operation of an occupational vehicle
owned or leased by that person's employer.
In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate, except that the
permit shall expire within one year from the date of issuance. The Secretary
may not, however, issue a restricted driving permit to any person whose current
revocation is the result of a second or subsequent conviction for a violation
of Section 11‑501 of this Code or a similar provision of a local ordinance
relating to the offense of operating or being in physical control of a motor
vehicle while under the influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or any similar out‑of‑state offense, or any combination
thereof, until the expiration of at least one year from the date of the
revocation. A restricted
driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the Secretary of
State in like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed sufficient cause
for the revocation, suspension, or cancellation of a restricted driving permit.
The Secretary of State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is authorized to
cancel a restricted driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of this Section, no
restricted driving permit shall be issued until the individual has served 6
months of the revocation period.
(d) Whenever a person under the age of 21 is convicted under Section
11‑501 of this Code or a similar provision of a local ordinance, the
Secretary of State shall revoke the driving privileges of that person. One
year after the date of revocation, and upon application, the Secretary of
State may, if satisfied that the person applying will not endanger the
public safety or welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of one year.
After this one year period, and upon reapplication for a license as
provided in Section 6‑106, upon payment of the appropriate reinstatement
fee provided under paragraph (b) of Section 6‑118, the Secretary of State,
in his discretion, may
issue the applicant a
license, or extend the restricted driving permit as many times as the
Secretary of State deems appropriate, by additional periods of not more than
12 months each, until the applicant attains 21 years of age.
If a person's license or permit has been revoked or suspended due to 2 or
more convictions of violating Section 11‑501 of this Code or a similar
provision of a local ordinance or a similar out‑of‑state offense, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1‑129.1.
If a person's license or permit has been revoked or suspended 2 or more times
within a 10 year period due to a single conviction of violating Section 11‑501
of this
Code or a similar provision of a local ordinance or a similar out‑of‑state
offense, and
a statutory summary suspension under Section 11‑501.1, or 2 or more statutory
summary
suspensions, or combination of 2 offenses, or of an offense and a statutory
summary
suspension, arising out of separate occurrences, that person, if issued a
restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1‑129.1.
The person must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $20 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees.
If the restricted driving permit was issued for employment purposes, then
this provision does not apply to the operation of an occupational vehicle
owned or leased by that person's employer. A
restricted driving permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
The revocation periods contained in this subparagraph shall apply to similar
out‑of‑state convictions.
(e) This Section is subject to the provisions of the Driver License
Compact.
(f) Any revocation imposed upon any person under subsections 2
and 3 of paragraph (b) that is in effect on December 31, 1988 shall be
converted to a suspension for a like period of time.
(g) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been revoked
under any provisions of this Code.
(h) The Secretary of State shall require the use of ignition interlock
devices on all vehicles owned by an individual who has been convicted of a
second or subsequent offense under Section 11‑501 of this Code or a similar
provision of a local ordinance. The Secretary shall establish by rule and
regulation the procedures for certification and use of the interlock
system.
(i) The Secretary of State may not issue a restricted driving permit for
a period of one year after a second or subsequent revocation of driving
privileges under clause (a)(2) of this Section; however, one
year after the date of a second or subsequent revocation of driving privileges
under clause (a)(2) of this Section, the Secretary of State may,
upon application, issue a restricted driving permit under the terms and
conditions of subsection (c).
(j) In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked under any provisions of this Code.
(Source: P.A. 93‑120, eff. 1‑1‑04; 94‑307, eff. 9‑30‑05.)
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(625 ILCS 5/6‑206)
(from Ch. 95 1/2, par. 6‑206)
Sec. 6‑206.
Discretionary authority to suspend or revoke license or
permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or revoke the
driving privileges of any person without preliminary hearing upon a showing
of the person's records or other sufficient evidence that
the person:
1. Has committed an offense for which mandatory
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revocation of a driver's license or permit is required upon conviction;
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2. Has been convicted of not less than 3 offenses
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against traffic regulations governing the movement of vehicles committed within any 12 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction;
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3. Has been repeatedly involved as a driver in motor
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vehicle collisions or has been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
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4. Has by the unlawful operation of a motor vehicle
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caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a medical facility or doctor's office to any person, except that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later;
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5. Has permitted an unlawful or fraudulent use of a
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driver's license, identification card, or permit;
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6. Has been lawfully convicted of an offense or
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offenses in another state, including the authorization contained in Section 6‑203.1, which if committed within this State would be grounds for suspension or revocation;
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7. Has refused or failed to submit to an examination
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provided for by Section 6‑207 or has failed to pass the examination;
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8. Is ineligible for a driver's license or permit
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under the provisions of Section 6‑103;
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9. Has made a false statement or knowingly concealed
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a material fact or has used false information or identification in any application for a license, identification card, or permit;
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10. Has possessed, displayed, or attempted to
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fraudulently use any license, identification card, or permit not issued to the person;
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11. Has operated a motor vehicle upon a highway of
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this State when the person's driving privilege or privilege to obtain a driver's license or permit was revoked or suspended unless the operation was authorized by a judicial driving permit, probationary license to drive, or a restricted driving permit issued under this Code;
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12. Has submitted to any portion of the application
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process for another person or has obtained the services of another person to submit to any portion of the application process for the purpose of obtaining a license, identification card, or permit for some other person;
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13. Has operated a motor vehicle upon a highway of
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this State when the person's driver's license or permit was invalid under the provisions of Sections 6‑107.1 and 6‑110;
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14. Has committed a violation of Section 6‑301,
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6‑301.1, or 6‑301.2 of this Act, or Section 14, 14A, or 14B of the Illinois Identification Card Act;
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15. Has been convicted of violating Section 21‑2 of
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the Criminal Code of 1961 relating to criminal trespass to vehicles in which case, the suspension shall be for one year;
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16. Has been convicted of violating Section 11‑204
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of this Code relating to fleeing from a peace officer;
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17. Has refused to submit to a test, or tests, as
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required under Section 11‑501.1 of this Code and the person has not sought a hearing as provided for in Section 11‑501.1;
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18. Has, since issuance of a driver's license or
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permit, been adjudged to be afflicted with or suffering from any mental disability or disease;
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19. Has committed a violation of paragraph (a) or
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(b) of Section 6‑101 relating to driving without a driver's license;
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20. Has been convicted of violating Section 6‑104
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relating to classification of driver's license;
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21. Has been convicted of violating Section 11‑402
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of this Code relating to leaving the scene of an accident resulting in damage to a vehicle in excess of $1,000, in which case the suspension shall be for one year;
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22. Has used a motor vehicle in violating paragraph
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(3), (4), (7), or (9) of subsection (a) of Section 24‑1 of the Criminal Code of 1961 relating to unlawful use of weapons, in which case the suspension shall be for one year;
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23. Has, as a driver, been convicted of committing a
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violation of paragraph (a) of Section 11‑502 of this Code for a second or subsequent time within one year of a similar violation;
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24. Has been convicted by a court‑martial or
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punished by non‑judicial punishment by military authorities of the United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6‑205 or 6‑206 of this Code;
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25. Has permitted any form of identification to be
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used by another in the application process in order to obtain or attempt to obtain a license, identification card, or permit;
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26. Has altered or attempted to alter a license or
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has possessed an altered license, identification card, or permit;
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27. Has violated Section 6‑16 of the Liquor Control
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28. Has been convicted of the illegal possession,
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while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person's driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act shall be suspended for 5 years. Any defendant found guilty of this offense while operating a motor vehicle, shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State;
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29. Has been convicted of the following offenses
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that were committed while the person was operating or in actual physical control, as a driver, of a motor vehicle: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a juvenile prostitute and the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse in which case the driver's driving privileges shall be suspended for one year;
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30. Has been convicted a second or subsequent time
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for any combination of the offenses named in paragraph 29 of this subsection, in which case the person's driving privileges shall be suspended for 5 years;
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31. Has refused to submit to a test as required by
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Section 11‑501.6 or has submitted to a test resulting in 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 as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, or an intoxicating compound as listed in the Use of Intoxicating Compounds Act, in which case the penalty shall be as prescribed in Section 6‑208.1;
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32. Has been convicted of Section 24‑1.2 of the
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Criminal Code of 1961 relating to the aggravated discharge of a firearm if the offender was located in a motor vehicle at the time the firearm was discharged, in which case the suspension shall be for 3 years;
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33. Has as a driver, who was less than 21 years of
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age on the date of the offense, been convicted a first time of a violation of paragraph (a) of Section 11‑502 of this Code or a similar provision of a local ordinance;
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34. Has committed a violation of Section 11‑1301.5
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35. Has committed a violation of Section 11‑1301.6
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36. Is under the age of 21 years at the time of
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arrest and has been convicted of not less than 2 offenses against traffic regulations governing the movement of vehicles committed within any 24 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction;
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37. Has committed a violation of subsection (c) of
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Section 11‑907 of this Code;
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38. Has been convicted of a violation of Section
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6‑20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance;
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39. Has committed a second or subsequent violation
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of Section 11‑1201 of this Code;
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40. Has committed a violation of subsection (a‑1) of
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Section 11‑908 of this Code;
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41. Has committed a second or subsequent violation of
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Section 11‑605.1 of this Code within 2 years of the date of the previous violation, in which case the suspension shall be for 90 days; or
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42. Has committed a violation of subsection (a‑1) of
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Section 11‑1301.3 of this Code.
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For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this
subsection, license means any driver's license, any traffic ticket issued when
the person's driver's license is deposited in lieu of bail, a suspension
notice issued by the Secretary of State, a duplicate or corrected driver's
license, a probationary driver's license or a temporary driver's license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the order of suspension
or revocation, as the case may be, provided that a certified copy of a stay
order of a court is filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate back to the time
the original judgment of conviction was entered and the 6 month limitation
prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license
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or permit of any person as authorized in this Section, the Secretary of State shall immediately notify the person in writing of the revocation or suspension. The notice to be deposited in the United States mail, postage prepaid, to the last known address of the person.
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2. If the Secretary of State suspends the driver's
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license of a person under subsection 2 of paragraph (a) of this Section, a person's privilege to operate a vehicle as an occupation shall not be suspended, provided an affidavit is properly completed, the appropriate fee received, and a permit issued prior to the effective date of the suspension, unless 5 offenses were committed, at least 2 of which occurred while operating a commercial vehicle in connection with the driver's regular occupation. All other driving privileges shall be suspended by the Secretary of State. Any driver prior to operating a vehicle for occupational purposes only must submit the affidavit on forms to be provided by the Secretary of State setting forth the facts of the person's occupation. The affidavit shall also state the number of offenses committed while operating a vehicle in connection with the driver's regular occupation. The affidavit shall be accompanied by the driver's license. Upon receipt of a properly completed affidavit, the Secretary of State shall issue the driver a permit to operate a vehicle in connection with the driver's regular occupation only. Unless the permit is issued by the Secretary of State prior to the date of suspension, the privilege to drive any motor vehicle shall be suspended as set forth in the notice that was mailed under this Section. If an affidavit is received subsequent to the effective date of this suspension, a permit may be issued for the remainder of the suspension period.
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The provisions of this subparagraph shall not apply
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to any driver required to possess a CDL for the purpose of operating a commercial motor vehicle.
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Any person who falsely states any fact in the
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affidavit required herein shall be guilty of perjury under Section 6‑302 and upon conviction thereof shall have all driving privileges revoked without further rights.
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3. At the conclusion of a hearing under Section
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2‑118 of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an order of suspension; or, good cause appearing therefor, rescind, continue, change, or extend the order of suspension. If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship, issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of his employment related duties, or to allow transportation for the petitioner, or a household member of the petitioner's family, to receive necessary medical care and if the professional evaluation indicates, provide transportation for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and the petitioner will not endanger the public safety or welfare.
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If a person's license or permit has been revoked or
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suspended due to 2 or more convictions of violating Section 11‑501 of this Code or a similar provision of a local ordinance or a similar out‑of‑state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1‑129.1.
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If a person's license or permit has been revoked or
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suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11‑501 of this Code or a similar provision of a local ordinance or a similar out‑of‑state offense, and a statutory summary suspension under Section 11‑501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1‑129.1. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. If the restricted driving permit was issued for employment purposes, then this provision does not apply to the operation of an occupational vehicle owned or leased by that person's employer. In each case the Secretary may issue a restricted driving permit for a period deemed appropriate, except that all permits shall expire within one year from the date of issuance. The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11‑501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out‑of‑state offense, or any combination of those offenses, until the expiration of at least one year from the date of the revocation. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted driving permit if the permit holder does not successfully complete the program.
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(c‑5) The Secretary of State may, as a condition of the reissuance of a
driver's license or permit to an applicant whose driver's license or permit has
been suspended before he or she reached the age of 18 years pursuant to any of
the provisions of this Section, require the applicant to participate in a
driver remedial education course and be retested under Section 6‑109 of this
Code.
(d) This Section is subject to the provisions of the Drivers License
Compact.
(e) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been suspended
or revoked under any provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended or revoked under any provisions of this Code.
(Source: P.A. 93‑120, eff. 1‑1‑04; 93‑667, eff. 3‑19‑04; 93‑788, eff. 1‑1‑05; 93‑955, eff. 8‑19‑04; 94‑307, eff. 9‑30‑05; 94‑556, eff. 9‑11‑05; 94‑930, eff. 6‑26‑06.)
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(625 ILCS 5/6‑206.1)
(from Ch. 95 1/2, par. 6‑206.1)
Sec. 6‑206.1.
Judicial Driving Permit.
Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol, other drug or
drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to
provide a deterrent to such practice and to remove problem drivers from
the highway, a statutory summary driver's license suspension is appropriate.
It is also recognized that driving is a privilege and therefore, that in some
cases the granting of limited driving privileges, where consistent with public
safety, is warranted during the period of suspension in the form of a judicial
driving permit to drive for the purpose of employment, receiving drug treatment
or medical care, and educational pursuits, where no alternative means of
transportation is available.
The following procedures shall apply whenever
a first offender is arrested for any offense as defined in Section 11‑501
or a similar provision of a local ordinance:
(a) Subsequent to a notification of a statutory summary suspension of
driving privileges as provided in Section 11‑501.1, the first offender as
defined in Section 11‑500 may petition the circuit court of venue for a
Judicial Driving Permit, hereinafter referred as a JDP, to relieve undue
hardship. The court may issue a court order, pursuant to the criteria
contained in this Section, directing the Secretary of State to issue such
a JDP to the petitioner. A JDP shall not become effective prior to the 31st
day of the original statutory summary suspension and shall always be
subject to the following criteria:
1. If ordered for the purposes of employment, the
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JDP shall be only for the purpose of providing the petitioner the privilege of driving a motor vehicle between the petitioner's residence and the petitioner's place of employment and return; or within the scope of the petitioner's employment related duties, shall be effective only during and limited to those specific times and routes actually required to commute or perform the petitioner's employment related duties.
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2. The court, by a court order, may also direct the
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Secretary of State to issue a JDP to allow transportation for the petitioner, or a household member of the petitioner's family, to receive alcohol, drug, or intoxicating compound treatment or medical care, if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available. Such JDP shall be effective only during the specific times actually required to commute.
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3. The court, by a court order, may also direct the
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Secretary of State to issue a JDP to allow transportation by the petitioner for educational purposes upon demonstrating that there are no alternative means of transportation reasonably available to accomplish those educational purposes. Such JDP shall be only for the purpose of providing transportation to and from the petitioner's residence and the petitioner's place of educational activity, and only during the specific times and routes actually required to commute or perform the petitioner's educational requirement.
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4. The Court shall not issue an order granting a JDP
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(i) Any person unless and until the court, after
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considering the results of a current professional evaluation of the person's alcohol or other drug use by an agency pursuant to Section 15‑10 of the Alcoholism and Other Drug Abuse and Dependency Act and other appropriate investigation of the person, is satisfied that granting the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare.
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(ii) Any person who has been convicted of
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reckless homicide within the previous 5 years.
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(iii) Any person whose privilege to operate a
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motor vehicle was invalid at the time of arrest for the current violation of Section 11‑501, or a similar provision of a local ordinance, except in cases where the cause for a driver's license suspension has been removed at the time a JDP is effective. In any case, should the Secretary of State enter a suspension or revocation of driving privileges pursuant to the provisions of this Code while the JDP is in effect or pending, the Secretary shall take the prescribed action and provide a notice to the person and the court ordering the issuance of the JDP that all driving privileges, including those provided by the issuance of the JDP, have been withdrawn.
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(iv) Any person under the age of 18 years.
(v) Any person for the operation of a commercial
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motor vehicle if the person's driving privileges have been suspended under any provision of this Code in accordance with 49 C.F.R. Part 384.
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(b) Prior to ordering the issuance of a JDP the Court should consider at
least, but not be limited to, the following issues:
1. Whether the person is employed and no other means
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of commuting to the place of employment is available or that the person must drive as a condition of employment. The employer shall certify the hours of employment and the need and parameters necessary for driving as a condition to employment.
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2. Whether the person must drive to secure alcohol
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or other medical treatment for himself or a family member.
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3. Whether the person must drive for educational
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purposes. The educational institution shall certify the person's enrollment in and academic schedule at the institution.
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4. Whether the person has been repeatedly convicted
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of traffic violations or involved in motor vehicle accidents to a degree which indicates disrespect for public safety.
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5. Whether the person has been convicted of a
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traffic violation in connection with a traffic accident resulting in the death of any person within the last 5 years.
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6. Whether the person is likely to obey the limited
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7. Whether the person has any additional traffic
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violations pending in any court.
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For purposes of this Section, programs conducting professional
evaluations of a person's alcohol, other drug, or intoxicating
compound use must report, to the
court of venue, using a form prescribed by the Secretary of State. A copy
of such evaluations shall be sent to the Secretary of State by the court.
However, the evaluation information shall be privileged and only available
to courts and to the Secretary of State, but shall not be admissible in the
subsequent trial on the underlying charge.
(c) The scope of any court order issued for a JDP under this Section
shall be limited to
the operation of a motor vehicle as provided for in subsection (a) of
this Section and shall specify the petitioner's residence, place of
employment or location of educational institution, and the scope of job
related duties, if relevant. The JDP shall also specify days of the week
and specific hours
of the day when the petitioner is able to exercise the limited privilege of
operating a motor vehicle.
(c‑1) If the petitioner is issued a citation for a violation of Section 6‑303 during the period of a statutory summary suspension entered under Section 11‑501.1 of this Code, or if the petitioner is charged with a violation of Section 11‑501 or a similar provision of a local ordinance or a similar out of state offense which occurs after the current violation of Section 11‑501 or a similar provision of a local ordinance, the court may not grant the petitioner a JDP unless the petitioner is acquitted or the citation or complaint is otherwise dismissed.
If the petitioner is issued a citation for a violation of Section 6‑303 or a violation of Section 11‑501 or a similar provision of a local ordinance or a similar out of state offense during the term of the JDP, the officer issuing the citation, or the law enforcement agency employing that officer, shall confiscate the JDP and immediately send the JDP and notice of the citation to the court that ordered the issuance of the JDP. Within 10 days of receipt, the issuing court, upon notice to the petitioner, shall conduct a hearing to consider cancellation of the JDP. If the court enters an order of cancellation, the court shall forward the order to the Secretary of State, and the Secretary shall cancel the JDP and notify the petitioner of the cancellation. If, however, the petitioner is convicted of the offense before the JDP has been cancelled, the court of venue shall send notice of conviction to the court that ordered issuance of the JDP. The court receiving the notice shall immediately enter an order of cancellation and forward the order to the Secretary of State. The Secretary shall cancel the JDP and notify the petitioner of the cancellation.
If the petitioner is issued a citation for any other traffic related offense during the term of the JDP, the officer issuing the citation, or the law enforcement agency employing that officer, shall send notice of the citation to the court that ordered issuance of the JDP. Upon receipt and notice to the petitioner and an opportunity for a hearing, the court shall determine whether the violation constitutes grounds for cancellation of the JDP. If the court enters an order of cancellation, the court shall forward the order to the Secretary of State, and the Secretary shall cancel the JDP and shall notify the petitioner of the cancellation.
(d) The Secretary of State shall, upon receiving a court order
from the court of venue, issue a JDP to a successful Petitioner under this
Section. Such court order form shall also contain a notification, which
shall be sent to the Secretary of State, providing the name, driver's
license number and legal address of the successful petitioner, and the full
and detailed description of the limitations of the JDP. This information
shall be available only to the courts, police officers, and the Secretary
of State, except during the actual period the JDP is valid, during which
time it shall be a public record. The Secretary of State shall design and
furnish to the courts an official court order form to be used by the courts
when directing the Secretary of State to issue a JDP.
Any submitted court order that contains insufficient data or fails to
comply with this Code shall not be utilized for JDP issuance or entered to
the driver record but shall be returned to the issuing court indicating why
the JDP cannot be so entered. A notice of this action shall also be sent
to the JDP petitioner by the Secretary of State.
(e) The circuit court of venue may conduct the judicial hearing, as
provided in Section 2‑118.1, and the JDP hearing provided in this Section,
concurrently. Such concurrent hearing shall proceed in the court in the
same manner as in other civil proceedings.
(f) The circuit court of venue may, as a condition of the issuance of
a JDP, prohibit the person from operating a motor vehicle not equipped with an
ignition interlock device.
(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑357, eff. 1‑1‑06; 94‑930, eff. 6‑26‑06.)
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(625 ILCS 5/6‑208) (from Ch. 95 1/2, par. 6‑208)
(Text of Section from P.A. 93‑712)
Sec. 6‑208. Period of Suspension ‑ Application After Revocation.
(a) Except as otherwise provided by this Code or any other law of this
State, the Secretary of State shall not suspend a driver's license,
permit or privilege to drive a motor vehicle on the highways for a
period of more than one year.
(b) Any person whose license, permit or privilege to drive a motor
vehicle on the highways has been revoked shall not be entitled to have
such license, permit or privilege renewed or restored. However, such
person may, except as provided under subsection (d) of Section 6‑205, make
application for a license pursuant to Section 6‑106 (i) if the revocation
was
for a cause which has been removed or (ii) as provided in the following
subparagraphs:
1. Except as provided in subparagraphs 2, 3, and 4, |
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the person may make application for a license after the expiration of one year from the effective date of the revocation or, in the case of a violation of paragraph (b) of Section 11‑401 of this Code or a similar provision of a local ordinance, after the expiration of 3 years from the effective date of the revocation or, in the case of a violation of Section 9‑3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to the offense of reckless homicide, after the expiration of 2 years from the effective date of the revocation or after the expiration of 24 months from the date of release from a period of imprisonment as provided in Section 6‑103 of this Code, whichever is later.
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2. If such person is convicted of committing a
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second violation within a 20 year period of:
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(A) Section 11‑501 of this Code, or a similar
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provision of a local ordinance; or
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(B) Paragraph (b) of Section 11‑401 of this
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Code, or a similar provision of a local ordinance; or
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(C) Section 9‑3 of the Criminal Code of 1961, as
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amended, relating to the offense of reckless homicide; or
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(D) any combination of the above offenses
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committed at different instances;
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then such person may not make application for a license
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until after the expiration of 5 years from the effective date of the most recent revocation. The 20 year period shall be computed by using the dates the offenses were committed and shall also include similar out‑of‑state offenses.
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3. However, except as provided in subparagraph 4, if
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such person is convicted of committing a third, or subsequent, violation or any combination of the above offenses, including similar out‑of‑state offenses, contained in subparagraph 2, then such person may not make application for a license until after the expiration of 10 years from the effective date of the most recent revocation.
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4. The person may not make application for a license
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if the person is convicted of committing a fourth or subsequent violation of Section 11‑501 of this Code or a similar provision of a local ordinance, Section 11‑401 of this Code, Section 9‑3 of the Criminal Code of 1961, or a combination of these offenses or similar provisions of local ordinances or similar out‑of‑state offenses.
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Notwithstanding any other provision of this Code, all persons referred to
in this paragraph (b) may not have their privileges restored until the
Secretary receives payment of the required reinstatement fee pursuant to
subsection (b) of Section 6‑118.
In no event shall the Secretary issue such license
unless and until such person has had a hearing pursuant to this Code and
the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person, that
to grant the privilege of driving a motor vehicle on the highways will
not endanger the public safety or welfare.
(c) (Blank).
(Source: P.A. 92‑343, eff. 1‑1‑02; 92‑418, eff. 8‑17‑01; 92‑458, eff. 8‑22‑01; 92‑651, eff. 7‑11‑02; 93‑712, eff. 1‑1‑05.)
(Text of Section from P.A. 93‑788)
Sec. 6‑208. Period of Suspension ‑ Application After Revocation.
(a) Except as otherwise provided by this Code or any other law of this
State, the Secretary of State shall not suspend a driver's license,
permit or privilege to drive a motor vehicle on the highways for a
period of more than one year.
(b) Any person whose license, permit or privilege to drive a motor
vehicle on the highways has been revoked shall not be entitled to have
such license, permit or privilege renewed or restored. However, such
person may, except as provided under subsection (d) of Section 6‑205, make
application for a license pursuant to Section 6‑106 (i) if the revocation
was
for a cause which has been removed or (ii) as provided in the following
subparagraphs:
1. Except as provided in subparagraphs 2, 3, and 4,
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the person may make application for a license after the expiration of one year from the effective date of the revocation or, in the case of a violation of paragraph (b) of Section 11‑401 of this Code or a similar provision of a local ordinance, after the expiration of 3 years from the effective date of the revocation or, in the case of a violation of Section 9‑3 of the Criminal Code of 1961 relating to the offense of reckless homicide or a violation of subparagraph (F) of paragraph 1 of subsection (d) of Section 11‑501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, after the expiration of 2 years from the effective date of the revocation or after the expiration of 24 months from the date of release from a period of imprisonment as provided in Section 6‑103 of this Code, whichever is later.
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2. If such person is convicted of committing a
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second violation within a 20 year period of:
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(A) Section 11‑501 of this Code, or a similar
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provision of a local ordinance; or
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(B) Paragraph (b) of Section 11‑401 of this
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Code, or a similar provision of a local ordinance; or
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(C) Section 9‑3 of the Criminal Code of 1961, as
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amended, relating to the offense of reckless homicide; or
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(D) any combination of the above offenses
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committed at different instances;
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then such person may not make application for a license
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until after the expiration of 5 years from the effective date of the most recent revocation. The 20 year period shall be computed by using the dates the offenses were committed and shall also include similar out‑of‑state offenses.
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3. However, except as provided in subparagraph 4, if
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such person is convicted of committing a third, or subsequent, violation or any combination of the above offenses, including similar out‑of‑state offenses, contained in subparagraph 2, then such person may not make application for a license until after the expiration of 10 years from the effective date of the most recent revocation.
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4. The person may not make application for a license
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if the person is convicted of committing a fourth or subsequent violation of Section 11‑501 of this Code or a similar provision of a local ordinance, Section 11‑401 of this Code, Section 9‑3 of the Criminal Code of 1961, or a combination of these offenses or similar provisions of local ordinances or similar out‑of‑state offenses.
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Notwithstanding any other provision of this Code, all persons referred to
in this paragraph (b) may not have their privileges restored until the
Secretary receives payment of the required reinstatement fee pursuant to
subsection (b) of Section 6‑118.
In no event shall the Secretary issue such license
unless and until such person has had a hearing pursuant to this Code and
the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person, that
to grant the privilege of driving a motor vehicle on the highways will
not endanger the public safety or welfare.
(c) If a person prohibited under paragraph (2) or paragraph (3) of
subsection (c‑4) of Section 11‑501 from
driving any vehicle not equipped with an ignition interlock device nevertheless
is convicted of driving a vehicle that is not equipped with the device,
that person is prohibited from driving any vehicle not equipped with an
ignition interlock device for an additional period of time equal to the initial
time period that the person was required to use an ignition interlock device.
(Source: P.A. 92‑343, eff. 1‑1‑02; 92‑418, eff. 8‑17‑01; 92‑458, eff. 8‑22‑01; 92‑651, eff. 7‑11‑02; 93‑788, eff. 1‑1‑05.)
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(625 ILCS 5/6‑301.1)
(from Ch. 95 1/2, par. 6‑301.1)
Sec. 6‑301.1.
Fictitious or unlawfully altered driver's license or
permit.
(a) As used in this Section:
1. "A fictitious driver's license or permit" means
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any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction which contains false information concerning the identity of the individual issued the license or permit;
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2. "False information" means any information
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concerning the legal name, sex, date of birth, social security number or any photograph that falsifies all or in part the actual identity of the individual issued the license or permit;
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3. "An unlawfully altered driver's license or permit"
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means any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction which has been physically altered or changed in such a manner that false information appears upon the license or permit;
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4. "A document capable of defrauding another"
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includes, but is not limited to, any document by which any right, obligation or power with reference to any person or property may be created, transferred, altered or terminated;
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5. "An identification document" means any document
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made or issued by or under the authority of the United States Government, the State of Illinois or any other state or political subdivision thereof, or any other governmental or quasi‑governmental organization which, when completed with information concerning the individual, is of a type intended or commonly accepted for the purpose of identification of an individual;
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6. "Common carrier" means any public or private
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provider of transportation, whether by land, air, or water.
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(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit;
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2. To knowingly possess, display or cause to be
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displayed any fictitious or unlawfully altered driver's license or permit for the purpose of obtaining any account, credit, credit card or debit card from a bank, financial institution or retail mercantile establishment;
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3. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction;
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4. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit with the intent to commit any other violation of any law of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided;
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5. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit while in possession without authority of any document, instrument or device capable of defrauding another;
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6. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit with the intent to use the license or permit to acquire any other identification document;
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7. To knowingly issue or assist in the issuance of
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any fictitious driver's license or permit;
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8. To knowingly alter or attempt to alter any
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driver's license or permit;
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9. To knowingly manufacture, possess, transfer or
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provide any identification document whether real or fictitious for the purpose of obtaining a fictitious driver's license or permit;
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10. To knowingly use any fictitious or unlawfully
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altered driver's license or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier;
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11. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit if the person has at the time a different driver's license issued by the Illinois Secretary of State or other official driver's license agency in another jurisdiction that is suspended or revoked.
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(c) Sentence.
1. Any person convicted of a violation of paragraph 1
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of subsection (b) of this Section shall be guilty of a Class A misdemeanor and shall be sentenced to minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. A person convicted of a second or subsequent violation shall be guilty of a Class 4 felony.
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2. Any person convicted of a violation of paragraph 3
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of subsection (b) of this Section who at the time of arrest had in his possession two or more fictitious or unlawfully altered driver's licenses or permits shall be guilty of a Class 4 felony.
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3. Any person convicted of a violation of any of
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paragraphs 2 through 11 of subsection (b) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony.
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(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(Source: P.A. 92‑673, eff. 1‑1‑03; 93‑895, eff. 1‑1‑05.)
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(625 ILCS 5/6‑301.2)
(from Ch. 95 1/2, par. 6‑301.2)
Sec. 6‑301.2.
Fraudulent driver's license or permit.
(a) (Blank).
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's
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2. To knowingly possess, display or cause to be
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displayed any fraudulent driver's license or permit for the purpose of obtaining any account, credit, credit card or debit card from a bank, financial institution or retail mercantile establishment;
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3. To knowingly possess any fraudulent driver's
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license or permit with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction;
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4. To knowingly possess any fraudulent driver's
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license or permit with the intent to commit any other violation of any laws of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided;
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5. To knowingly possess any fraudulent driver's
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license or permit while in unauthorized possession of any document, instrument or device capable of defrauding another;
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6. To knowingly possess any fraudulent driver's
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license or permit with the intent to use the license or permit to acquire any other identification document;
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7. To knowingly possess without authority any
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driver's license‑making or permit‑making implement;
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8. To knowingly possess any stolen driver's
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license‑making or permit‑making implement or to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official driver's license or permit issued by the Secretary of State;
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9. To knowingly duplicate, manufacture, sell or
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transfer any fraudulent driver's license or permit;
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10. To advertise or distribute any information or
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materials that promote the selling, giving, or furnishing of a fraudulent driver's license or permit;
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11. To knowingly use any fraudulent driver's license
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or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier. As used in this Section, "common carrier" means any public or private provider of transportation, whether by land, air, or water;
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12. To knowingly possess any fraudulent driver's
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license or permit if the person has at the time a different driver's license issued by the Secretary of State or another official driver's license agency in another jurisdiction that is suspended or revoked.
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(b‑1) It is a violation of this Section for any person to
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possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the reading of encrypted language from the bar code or magnetic strip of an official Illinois driver's license issued by the Secretary of State. This subsection (b‑1) does not apply if a federal or State law, rule, or regulation requires that the card holder's address be recorded in specified transactions or if the encrypted information is obtained for the detection or possible prosecution of criminal offenses or fraud. If the address information is obtained under this subsection (b‑1), it may be used only for the purposes authorized by this subsection (b‑1).
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(c) Sentence.
1. Any person convicted of a violation of paragraph
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1 of subsection (b) of this Section shall be guilty of a Class 4 felony and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available.
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2. Any person convicted of a violation of any of
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paragraphs 2 through 9 or paragraph 11 or 12 of subsection (b) of this Section or a violation of subsection (b‑1) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony.
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3. Any person convicted of a violation of paragraph
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10 of subsection (b) of this Section shall be guilty of a Class B misdemeanor.
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(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(e) The Secretary may request the Attorney General to seek a
restraining order in the circuit court against any person who violates this
Section by advertising fraudulent driver's licenses or permits.
(Source: P.A. 93‑667, eff. 3‑19‑04; 93‑895, eff. 1‑1‑05; 94‑239, eff. 1‑1‑06; 94‑930, eff. 6‑26‑06.)
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(625 ILCS 5/6‑305)
(from Ch. 95 1/2, par. 6‑305)
Sec. 6‑305.
Renting motor vehicle to another.
(a) No person shall rent a motor vehicle to any other person unless the
latter person, or a driver designated by a nondriver with disabilities and
meeting any minimum age and driver's record requirements that are uniformly
applied by the person renting a motor vehicle, is then duly licensed
hereunder or, in the case of a
nonresident, then duly licensed under the laws of the State or country of
his residence unless the State or country of his residence does not require
that a driver be licensed.
(b) No person shall rent a motor vehicle to another until he has
inspected the drivers license of the person to whom the vehicle is to be
rented, or by whom it is to be driven, and compared and verified the
signature thereon with the signature
of such person written in his presence unless, in the case of a
nonresident, the State or country wherein the nonresident resides does not
require that a driver be licensed.
(c) No person shall rent a motorcycle to another unless the latter
person is then duly licensed hereunder as a motorcycle operator, and in the
case of a nonresident, then duly licensed under the laws of the State or
country of his residence, unless the State or country of his residence does
not require that a driver be licensed.
(d) (Blank).
(e) (Blank).
(f) Subject to subsection (l), any person who rents a motor vehicle to another shall only
advertise, quote, and charge a rental rate that includes the entire amount
except taxes and a mileage charge, if any, which a renter must pay to hire
or lease the vehicle for the period of time to which the rental rate
applies.
The person must provide, on the request of the renter, based on the
available information, an estimated total of the daily rental rate,
including all applicable taxes, fees, and other charges, or an
estimated total rental charge, based on the return date of the vehicle
noted on the rental agreement. Further, if the rental agreement does
not already provide an estimated total rental charge, the following
statement must be included in the rental agreement:
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
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AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN DATE NOTED ON THIS AGREEMENT."
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Such person shall not charge in addition to the rental rate,
taxes, and mileage charge, if any, any fee which must be paid by the renter
as a condition of hiring or leasing the vehicle, such as, but not limited
to, required fuel or airport surcharges, nor any fee for transporting the
renter to the location where the rented vehicle will be delivered to the
renter. In addition to the rental rate, taxes, and mileage charge, if any,
such person may charge for an item or service provided in connection with a
particular rental transaction if the renter can avoid incurring the charge by
choosing not to obtain or utilize the optional item or service. Items and
services for which such person may impose an additional charge include, but are
not limited to, optional insurance and accessories requested by the renter,
service charges incident to the renter's optional return of the vehicle to
a location other than the location where the vehicle was hired or leased,
and charges for refueling the vehicle at the conclusion of the rental
transaction in the event the renter did not return the vehicle with as much
fuel as was in the fuel tank at the beginning of the rental.
(g) Every person renting a motor vehicle to another shall keep a record
of the registration number of the motor vehicle so rented, the name and
address of the person to whom the vehicle is rented, the number of the
license, if any, of said latter person, and the date and place when and
where the license, if any, was issued. Such record shall be open
to
inspection by any police officer or designated agent of the Secretary of
State.
(h) A person licensed as a new car dealer under Section 5‑101 of this
Code shall not be subject to the provisions of this Section regarding the
rental of private passenger motor vehicles when providing, free of charge,
temporary substitute vehicles for customers to operate during a period when
a customer's vehicle, which is either leased or owned by that customer, is
being repaired, serviced, replaced or otherwise made unavailable to the
customer in accordance with an agreement with the licensed new car dealer
or vehicle manufacturer, so long as the customer orally or in writing is
made aware that the temporary substitute vehicle will be covered by his or
her
insurance policy and the customer shall only be liable to the extent of any
amount deductible from such insurance coverage in accordance with the terms
of the policy.
(i) This Section, except the requirements of subsection (g), also applies
to rental agreements of 30 continuous days or less involving a motor
vehicle that was delivered by an out of State person or business to a
renter in this State.
(j) A public airport
may, if approved by its local government corporate authorities or its airport
authority, impose a customer facility charge upon customers of rental car
companies for the purposes of financing, designing, constructing,
operating, and maintaining consolidated car rental facilities and common
use transportation equipment and
facilities,
which are used to transport the customer, connecting consolidated
car rental facilities with other airport facilities.
Notwithstanding
subsection (f) of this
Section, the customer facility charge shall
be collected by the rental car company as a separate charge, and clearly
indicated as
a separate charge
on the rental agreement and invoice.
Facility charges shall be immediately deposited into a trust account
for the benefit of the airport and
remitted at the direction of the airport, but
not more often than once per month.
The charge shall be uniformly calculated on a per‑contract or per‑day
basis.
Facility charges imposed by the airport may not exceed the reasonable
costs of financing, designing, constructing, operating, and maintaining the
consolidated car rental facilities and common use transportation equipment and
facilities and may not be used for any other purpose.
Notwithstanding any other provision of law, the charges collected
under
this Section are not subject to retailer occupation, sales,
use,
or transaction taxes.
(k) When a rental car company states a rental rate in any of its rate
advertisements, its proprietary computer
reservation systems, or its in‑person quotations
intended to apply to
an airport rental, a company that collects from its customers a customer
facility charge for that rental under subsection (j) shall do all of the
following:
(1) Clearly and conspicuously disclose in any radio,
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television, or other electronic media advertisements the existence and amount of the charge if the advertisement is intended for rentals at an airport imposing the charge or, if the advertisement covers an area with multiple airports with different charges, a range of amounts of customer facility charges if the advertisement is intended for rentals at an airport imposing the charge.
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(2) Clearly and conspicuously disclose in any print
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rate advertising the existence and amount of the charge if the advertisement is intended for rentals at an airport imposing the charge or, if the print rate advertisement covers an area with multiple airports with different charges, a range of amounts of customer facility charges if the advertisement is intended for rentals at an airport imposing the charge.
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(3) Clearly and conspicuously disclose the existence
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and amount of the charge in any telephonic, in‑person, or computer‑transmitted quotation from the rental car company's proprietary computer reservation system at the time of making an initial quotation of a rental rate if the quotation is made by a rental car company location at an airport imposing the charge and at the time of making a reservation of a rental car if the reservation is made by a rental car company location at an airport imposing the charge.
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(4) Clearly and conspicuously display the charge in
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any proprietary computer‑assisted reservation or transaction directly between the rental car company and the customer, shown or referenced on the same page on the computer screen viewed by the customer as the displayed rental rate and in a print size not smaller than the print size of the rental rate.
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(5) Clearly and conspicuously disclose and
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separately identify the existence and amount of the charge on its rental agreement.
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(6) A rental car company that collects from its
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customers a customer facility charge under subsection (j) and engages in a practice which does not comply with subsections (f), (j), and (k) commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.
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(l) Notwithstanding subsection (f), any person who rents a motor vehicle to another may, in connection with the rental of a motor vehicle to (i) a business renter or (ii) a business program sponsor under the sponsor's business program, do the following:
(1) separately quote, by telephone, in person, or by
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computer transmission, additional charges for the rental; and
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(2) separately impose additional charges for the
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(m) As used in this Section:
(1) "Additional charges" means charges other than:
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(i) a per period base rental rate; (ii) a mileage charge; (iii) taxes; or (iv) a customer facility charge.
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(2) "Business program" means:
(A) a contract between a person who rents motor
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vehicles and a business program sponsor that establishes rental rates at which the person will rent motor vehicles to persons authorized by the sponsor; or
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(B) a plan, program, or other arrangement
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|
established by a person who rents motor vehicles at the request of, or with the consent of, a business program sponsor under which the person offers to rent motor vehicles to persons authorized by the sponsor on terms that are not the same as those generally offered by the rental company to the public.
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(3) "Business program sponsor" means any legal
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entity other than a natural person, including a corporation, limited liability company, partnership, government, municipality or agency, or a natural person operating a business as a sole proprietor.
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(4) "Business renter" means, for any business
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program sponsor, a person who is authorized by the sponsor to enter into a rental contract under the sponsor's business program. "Business renter" does not include a person renting as:
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(A) a non‑employee member of a not‑for‑profit
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(B) the purchaser of a voucher or other prepaid
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rental arrangement from a person, including a tour operator, engaged in the business of reselling those vouchers or prepaid rental arrangements to the general public;
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(C) an individual whose car rental is eligible
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for reimbursement in whole or in part as a result of the person being insured or provided coverage under a policy of insurance issued by an insurance company; or
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(D) an individual whose car rental is eligible
|
|
for reimbursement in whole or in part as a result of the person purchasing motor vehicle repair services from a person licensed to perform those services.
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(Source: P.A. 93‑118, eff. 1‑1‑04; 94‑717, eff. 12‑19‑05.)
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(625 ILCS 5/6‑306.7)
(Text of Section before amendment by P.A. 94‑218
)
Sec. 6‑306.7.
Failure to satisfy fines or penalties for toll violations or
evasions; suspension of driving privileges.
(a) Upon receipt of a certified report, as prescribed by subsection (c) of
this Section, from the Authority stating that the owner of a registered vehicle
has failed to satisfy any fine or penalty resulting from a final order issued
by the Authority relating directly or indirectly to 5 or more toll violations,
toll evasions, or both, the Secretary of State shall suspend the
driving privileges of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the Authority as specified
in the Section, the Secretary of State shall notify the person whose name
appears on the certified report that the person's driver's license
will be suspended at the end of a specified period
unless the Secretary of State is presented with a notice from the
Authority certifying that the fines or penalties owing the Authority have been
satisfied or that inclusion of that person's name on the certified report was
in error. The Secretary's notice shall state in substance the information
contained in the Authority's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6‑211 of this Code.
(c) The report from the Authority notifying the Secretary of unsatisfied
fines
or penalties pursuant to this Section shall be certified and shall contain the
following:
(1) The name, last known address, and driver's
|
license number of the person who failed to satisfy the fines or penalties and the registration number of any vehicle known to be registered in this State to that person.
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|
(2) A statement that the Authority sent a notice of
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|
impending suspension of the person's driver's license, vehicle registration, or both, as prescribed by rules enacted pursuant to subsection (a‑5) of Section 10 of the Toll Highway Act, to the person named in the report at the address recorded with the Secretary of State; the date on which the notice was sent; and the address to which the notice was sent.
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(d) The Authority, after making a certified report to the Secretary
pursuant to this Section, shall notify the Secretary, on a form prescribed by
the Secretary, whenever a person named in the certified report has satisfied
the previously reported fines or penalties or whenever the Authority determines
that the original report was in error. A certified copy of the notification
shall also be given upon request and at no additional charge to the person
named therein. Upon receipt of the Authority's notification or presentation of
a certified copy of the notification, the Secretary shall terminate
the suspension.
(e) The Authority shall, by rule, establish procedures for persons to
challenge the accuracy of the certified report made pursuant to this Section.
The
rule shall also provide the grounds for a challenge, which may be
limited to:
(1) the person not having been the owner or lessee
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|
of the vehicle or vehicles receiving 5 or more toll violations or toll evasion notices on the date or dates the notices were issued; or
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(2) the person having already satisfied the fines or
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|
penalties for the 5 or more toll violations or toll evasions indicated on the certified report.
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(f) All notices sent by the Authority to persons involved in administrative
adjudications, hearings, and final orders issued pursuant to rules
implementing subsection (a‑5) of Section 10 of the Toll Highway Act shall state
that failure
to satisfy any fine or penalty imposed by the Authority shall result in the
Secretary of State suspending the driving privileges, vehicle registration,
or both, of the person failing to satisfy the fines or penalties imposed by the
Authority.
(g) A person may request an administrative hearing to contest an impending
suspension or a
suspension made
pursuant to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be paid
at the time of the request. The Authority shall reimburse the Secretary
for all reasonable costs incurred by the Secretary as a result of the
filing of a certified report pursuant to this Section, including, but not
limited to, the costs of providing notice required pursuant to subsection (b)
and the costs incurred
by the Secretary in any hearing conducted with respect to the report pursuant
to this subsection and any appeal from that hearing.
(h) The Secretary and the Authority may promulgate rules to enable
them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in the
administration of this Section and shall provide the Secretary with any
information the Secretary may deem necessary for these purposes, including
regular and timely access to toll violation enforcement records.
The Secretary shall cooperate with the Authority in the
administration of this Section and shall provide the Authority with any
information the Authority may deem necessary for the purposes of this Section,
including regular and timely access to vehicle registration records. Section
2‑123 of this Code shall not apply to the provision of this information, but
the Secretary shall be reimbursed for the cost of providing this information.
(j) For purposes of this Section, the term "Authority" means the
Illinois State Toll Highway Authority.
(Source: P.A. 91‑277, eff. 1‑1‑00.)
(Text of Section after amendment by P.A. 94‑218 )
Sec. 6‑306.7. Failure to satisfy fines or penalties for toll violations or
evasions; suspension of driving privileges.
(a) Upon receipt of a certified report, as prescribed by subsection (c) of
this Section, from the Authority stating that the owner of a registered vehicle
has failed to satisfy any fine or penalty resulting from a final order issued
by the Authority relating directly or indirectly to 5 or more toll violations,
toll evasions, or both, the Secretary of State shall suspend the
driving privileges of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the Authority as specified
in the Section, the Secretary of State shall notify the person whose name
appears on the certified report that the person's driver's license
will be suspended at the end of a specified period
unless the Secretary of State is presented with a notice from the
Authority certifying that the fines or penalties owing the Authority have been
satisfied or that inclusion of that person's name on the certified report was
in error. The Secretary's notice shall state in substance the information
contained in the Authority's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6‑211 of this Code, except as to those drivers who also have been issued a CDL. If a person also has been issued a CDL, notice of suspension of that person's driver's license must be given in writing by certified mail and is effective on the date listed in the notice of suspension, except that the notice is not effective until 4 days after the date on which the notice was deposited into the United States mail. The notice becomes effective 4 days after its deposit into the United States mail regardless of whether the Secretary of State receives the return receipt and regardless of whether the written notification is returned for any reason to the Secretary of State as undeliverable.
(c) The report from the Authority notifying the Secretary of unsatisfied
fines
or penalties pursuant to this Section shall be certified and shall contain the
following:
(1) The name, last known address, and driver's
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license number of the person who failed to satisfy the fines or penalties and the registration number of any vehicle known to be registered in this State to that person.
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|
(2) A statement that the Authority sent a notice of
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|
impending suspension of the person's driver's license, vehicle registration, or both, as prescribed by rules enacted pursuant to subsection (a‑5) of Section 10 of the Toll Highway Act, to the person named in the report at the address recorded with the Secretary of State; the date on which the notice was sent; and the address to which the notice was sent.
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(d) The Authority, after making a certified report to the Secretary
pursuant to this Section, shall notify the Secretary, on a form prescribed by
the Secretary, whenever a person named in the certified report has satisfied
the previously reported fines or penalties or whenever the Authority determines
that the original report was in error. A certified copy of the notification
shall also be given upon request and at no additional charge to the person
named therein. Upon receipt of the Authority's notification or presentation of
a certified copy of the notification, the Secretary shall terminate
the suspension.
(e) The Authority shall, by rule, establish procedures for persons to
challenge the accuracy of the certified report made pursuant to this Section.
The
rule shall also provide the grounds for a challenge, which may be
limited to:
(1) the person not having been the owner or lessee
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|
of the vehicle or vehicles receiving 5 or more toll violations or toll evasion notices on the date or dates the notices were issued; or
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|
(2) the person having already satisfied the fines or
|
|
penalties for the 5 or more toll violations or toll evasions indicated on the certified report.
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(f) All notices sent by the Authority to persons involved in administrative
adjudications, hearings, and final orders issued pursuant to rules
implementing subsection (a‑5) of Section 10 of the Toll Highway Act shall state
that failure
to satisfy any fine or penalty imposed by the Authority shall result in the
Secretary of State suspending the driving privileges, vehicle registration,
or both, of the person failing to satisfy the fines or penalties imposed by the
Authority.
(g) A person may request an administrative hearing to contest an impending
suspension or a
suspension made
pursuant to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be paid
at the time of the request. The Authority shall reimburse the Secretary
for all reasonable costs incurred by the Secretary as a result of the
filing of a certified report pursuant to this Section, including, but not
limited to, the costs of providing notice required pursuant to subsection (b)
and the costs incurred
by the Secretary in any hearing conducted with respect to the report pursuant
to this subsection and any appeal from that hearing.
(h) The Secretary and the Authority may promulgate rules to enable
them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in the
administration of this Section and shall provide the Secretary with any
information the Secretary may deem necessary for these purposes, including
regular and timely access to toll violation enforcement records.
The Secretary shall cooperate with the Authority in the
administration of this Section and shall provide the Authority with any
information the Authority may deem necessary for the purposes of this Section,
including regular and timely access to vehicle registration records. Section
2‑123 of this Code shall not apply to the provision of this information, but
the Secretary shall be reimbursed for the cost of providing this information.
(j) For purposes of this Section, the term "Authority" means the
Illinois State Toll Highway Authority.
(Source: P.A. 94‑218, eff. 7‑1‑06.)
|
(625 ILCS 5/6‑500)
(from Ch. 95 1/2, par. 6‑500)
(Text of Section from P.A. 94‑307)
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
|
|
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
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|
motor vehicle, except those referred to in subdivision (B), designed to transport passengers or property if:
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|
(i) the vehicle has a GVWR of 26,001 pounds or
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|
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
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(ii) the vehicle is designed to transport 16 or
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(iii) the vehicle is transporting hazardous
|
|
materials and is required to be placarded in accordance with 49 C.F.R. Part 172, subpart F.
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(B) Pursuant to the interpretation of the Commercial
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|
Motor Vehicle Safety Act of 1986 by the Federal Highway Administration, the definition of "commercial motor vehicle" does not include:
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(i) recreational vehicles, when operated
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|
primarily for personal use;
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(ii) United States Department of Defense
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|
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
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(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.
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(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.
(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 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.
(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.
(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 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.
(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
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meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. of the Federal Motor Carrier Safety Administration.
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|
(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.
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|
(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
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|
(B) Any other similar law or local ordinance of
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|
any state relating to railroad‑highway grade crossing.
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|
(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
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|
vehicle, or when operating a non‑CMV while holding a CDL, of:
|
|
(i) a violation relating to excessive speeding,
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|
involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or
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|
(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.
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|
(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.)
(Text of Section from P.A. 94‑334)
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
|
|
(C) the number of grams of alcohol per 67
|
|
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" means a motor
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|
vehicle, except those referred to in subdivision (B), designed to transport passengers or property if:
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|
(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
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|
(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) 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
|
|
(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.
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(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.
(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 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.
(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, or who is required to hold 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).
(17) Foreign jurisdiction. "Foreign jurisdiction" means a sovereign
jurisdiction that does not fall within the definition of "State".
(18) (Blank).
(19) (Blank).
(20) 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.
(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.
(23) 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.
(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
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(B) Any other similar law or local ordinance of
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any state relating to railroad‑highway grade crossing.
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(26) Serious Traffic Violation. "Serious traffic violation"
means:
(A) a conviction when operating a commercial motor
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(i) a violation relating to excessive speeding,
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involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or
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(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
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ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; or
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(iv) a violation of Section 6‑501, relating to
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having multiple driver's licenses; or
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(v) a violation of paragraph (a) of Section
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6‑507, relating to the requirement to have a valid CDL; or
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(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
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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.
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(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. 94‑334, eff. 1‑1‑06.)
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(625 ILCS 5/6‑508)
(from Ch. 95 1/2, par. 6‑508)
(Text of Section from P.A. 94‑307)
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 G and H.
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(2) Third party testing. The Secretary of state may
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authorize a "third party tester", pursuant to 49 C.F.R. Part 383.75, to administer the skills test or tests specified by Federal Highway 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 commercial driver license applicant
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
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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,
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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 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
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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
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or attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 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, 10‑6, 10‑7, 11‑6, 11‑9, 11‑9.1, 11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑18, 11‑19, 11‑19.1, 11‑19.2, 11‑20, 11‑20.1, 11‑21, 11‑22, 12‑3.1, 12‑4.1, 12‑4.2, 12‑4.3, 12‑4.4, 12‑4.5, 12‑6, 12‑6.2, 12‑7.1, 12‑7.3, 12‑7.4, 12‑11, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 12‑16.2, 12‑21.5, 12‑21.6, 12‑33, 18‑1, 18‑2, 18‑3, 18‑4, 18‑5, 20‑1, 20‑1.1, 20‑2, 24‑1, 24‑1.1, 24‑1.2, 24‑3.3, 31A‑1, 31A‑1.1, and 33A‑2, and in subsection (a) and subsection (b), clause (1), of Section 12‑4 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) 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; (v) the offenses defined in Sections 4.1 and 5.1 of the Wrongs to Children Act and (vi) those offenses defined in Section 6‑16 of the Liquor Control Act of 1934.
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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. 93‑476, eff. 1‑1‑04; 93‑644, eff. 6‑1‑04; 94‑307, eff. 9‑30‑05.)
(Text of Section from P.A. 94‑556)
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 G and H.
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(2) Third party testing. The Secretary of state may
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authorize a "third party tester", pursuant to 49 C.F.R. Part 383.75, to administer the skills test or tests specified by Federal Highway 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 commercial driver license applicant
who meets the requirements of 49 C.F.R. Part 383.77.
(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
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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,
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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 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
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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
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or attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 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, 10‑6, 10‑7, 11‑6, 11‑9, 11‑9.1, 11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑18, 11‑19, 11‑19.1, 11‑19.2, 11‑20, 11‑20.1, 11‑21, 11‑22, 12‑3.1, 12‑4.1, 12‑4.2, 12‑4.3, 12‑4.4, 12‑4.5, 12‑6, 12‑6.2, 12‑7.1, 12‑7.3, 12‑7.4, 12‑11, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 12‑16.2, 12‑21.5, 12‑21.6, 12‑33, 18‑1, 18‑2, 18‑3, 18‑4, 18‑5, 20‑1, 20‑1.1, 20‑2, 24‑1, 24‑1.1, 24‑1.2, 24‑3.3, 31A‑1, 31A‑1.1, and 33A‑2, and in subsection (a) and subsection (b), clause (1), of Section 12‑4 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; and (vii) those offenses defined in Section 6‑16 of the Liquor Control Act of 1934.
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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.
(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. 93‑476, eff. 1‑1‑04; 93‑644, eff. 6‑1‑04; 94‑556, eff. 9‑11‑05.)
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(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
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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
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(2) Operating a commercial motor vehicle while the
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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 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 or a controlled substance listed in the Illinois Controlled Substances Act as indicated by a police officer's sworn report or other verified evidence while holding a commercial driver's license; or
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(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if
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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
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(ii) Knowingly and wilfully leaving the scene of
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an accident while operating a commercial motor vehicle or, if the driver is a CDL holder, while driving a non‑CMV; or
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(iii) Driving a commercial motor vehicle or, if
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the driver is a CDL holder, driving a non‑CMV while committing any felony; or
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(iv) Driving a commercial motor vehicle while the
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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
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(v) Causing a fatality through the negligent
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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.
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As used in this subdivision (a)(3)(v), "motor
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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.
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If any of the above violations or refusals occurred
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while transporting hazardous material(s) required to be placarded, the person shall be disqualified for a period of not less than 3 years.
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(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
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paragraph (2) of subsection (b) of Section 6‑507 of this Code.
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(2) For one year upon a second conviction of
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paragraph (2) of subsection (b) of Section 6‑507 of this Code within a 10‑year period.
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(3) For 3 years upon a third or subsequent
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conviction of paragraph (2) of subsection (b) of Section 6‑507 of this Code within a 10‑year period.
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(4) For one year upon a first conviction of
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paragraph (3) of subsection (b) of Section 6‑507 of this Code.
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(5) For 3 years upon a second conviction of
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paragraph (3) of subsection (b) of Section 6‑507 of this Code within a 10‑year period.
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(6) For 5 years upon a third or subsequent
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conviction of paragraph (3) of subsection (b) of Section 6‑507 of this Code within a 10‑year period.
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(j) Disqualification for railroad‑highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
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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:
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(i) For drivers who are not required to always
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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;
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(ii) For drivers who are not required to always
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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;
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(iii) For drivers who are always required to
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stop, failing to stop before driving onto the crossing, as described in Section 11‑1202 of this Code;
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(iv) For all drivers, failing to have sufficient
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space to drive completely through the crossing without stopping, as described in subsection (b) of Section 11‑1425 of this Code;
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(v) For all drivers, failing to obey a traffic
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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;
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(vi) For all drivers, failing to negotiate a
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crossing because of insufficient undercarriage clearance, as described in subsection (d‑1) of Section 11‑1201 of this Code.
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(2) Duration of disqualification for
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railroad‑highway grade crossing violation.
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(i) First violation. A driver must be
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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).
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(ii) Second violation. A driver must be
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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.
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(iii) Third or subsequent violation. A driver
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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.
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(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. 94‑307, eff. 9‑30‑05; 94‑930, eff. 6‑26‑06.)
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(625 ILCS 5/6‑520) (from Ch. 95 1/2, par. 6‑520)
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.
(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. 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 shall
be limited to the following issues:
1. Whether the person was operating a commercial |
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2. Whether, after making the initial stop, the
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police officer had probable cause to issue a Sworn Report;
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3. Whether the person was verbally warned of the
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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;
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4. Whether the person did refuse to submit to or
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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 in the person's system;
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5. Whether the person was warned that if the test or
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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, such results could be admissible in a subsequent prosecution under Section 11‑501 of this Code or similar provision of local ordinances; and
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6. Whether such results could not be used to impose
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any driver's license sanctions pursuant to Section 11‑501.1.
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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
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2. Whether, while driving such commercial motor
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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 in such person's system;
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3. Whether the person was verbally warned of the
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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
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4. Whether, after being so warned, the person did
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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.
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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. 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.
(Source: P.A. 90‑43, eff. 7‑2‑97; 91‑357, eff. 7‑29‑99.)
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