There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 625 ILCS 5/ Illinois Vehicle Code. Chapter 6 - The Illinois Driver Licensing Law
(625 ILCS 5/Ch. 6 heading)CHAPTER 6.
THE ILLINOIS DRIVER LICENSING LAW
(625 ILCS 5/Ch. 6 Art. I heading)ARTICLE I.
ISSUANCE OF LICENSES
EXPIRATION AND RENEWAL
(625 ILCS 5/6‑100) (from Ch. 95 1/2, par. 6‑100)
Sec. 6‑100.
Definitions.
For the purposes of this Chapter, the following
words shall have the meanings ascribed to them:
(a) Application Process. The process of obtaining a driver's license,
identification card, or permit. The process begins when a person enters a
Secretary of State Driver Services facility and requests a driver's
license, identification card or permit.
(b) Conviction. A final adjudication of guilty by a court of competent
jurisdiction either after a bench trial, trial by jury, plea of guilty,
order of forfeiture, or default.
(c) Identification Card. A document 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 governmental or
quasi‑governmental organization that, when completed with information
concerning
the individual, is of a type intended or commonly accepted for the purpose of
identifying the individual.
(Source: P.A. 89‑283, eff. 1‑1‑96.)
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(625 ILCS 5/6‑101)(from Ch. 95 1/2, par. 6‑101)
Sec. 6‑101. Drivers must have licenses or permits.
(a) No person, except those expressly exempted by Section 6‑102, shall
drive any motor vehicle upon a highway in this State unless such person has
a valid license or permit, or a restricted driving permit, issued under the
provisions of this Act.
(b) No person shall drive a motor vehicle unless he holds a valid
license or permit, or a restricted driving permit issued under the
provisions of Section 6‑205, 6‑206, or 6‑113 of this Act. Any person to
whom a license is issued under the provisions of this Act must surrender to
the Secretary of State all valid licenses or permits. No drivers license
shall be issued to any person who holds a valid Foreign State license,
identification card, or permit
unless such person first surrenders to the Secretary of State any such
valid Foreign State license,
identification card, or permit.
(c) Any person licensed as a driver hereunder shall not be required by
any city, village, incorporated town or other municipal corporation to
obtain any other license to exercise the privilege thereby granted.
(d) In addition to other penalties imposed under this Section, any person
in violation of this Section who is also in violation of Section 7‑601 of this
Code relating to mandatory insurance requirements shall have his or her motor
vehicle immediately impounded by the arresting law enforcement officer. The
motor vehicle may be released to any licensed driver upon a showing of proof of
insurance for the motor vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(e) In addition to other penalties imposed under this Section, the
vehicle
of any person
in violation of this Section who is also in violation of Section 7‑601 of this
Code relating to mandatory insurance requirements and who, in violating this
Section, has caused death or personal injury to another person is subject to
forfeiture under Sections 36‑1 and 36‑2 of the Criminal Code of 1961.
For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the traffic accident report completed
by a law enforcement officer that requires immediate professional attention
in either a doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 93‑187, eff. 7‑11‑03; 93‑895, eff. 1‑1‑05.)
(625 ILCS 5/6‑102) (from Ch. 95 1/2, par. 6‑102)
Sec. 6‑102.
What persons are exempt.
The following persons are exempt
from the requirements of Section 6‑101 and are not required to have an
Illinois drivers license or permit if one or more of the following
qualifying exemptions are met and apply:
1. Any employee of the United States Government or | ||
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2. A nonresident who has in his immediate | ||
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3. A nonresident and his spouse and children living | ||
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4. A person operating a road machine temporarily | ||
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5. A resident of this State who has been serving as | ||
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6. A nonresident on active duty in the Armed Forces | ||
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7. A nonresident who becomes a resident of this | ||
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8. An engineer, conductor, brakeman, or any other | ||
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The provisions of this Section granting exemption to any nonresident
shall be operative to the same extent that the laws of the State or country
of such nonresident grant like exemption to residents of this State.
The Secretary of State may implement the exemption provisions of this
Section by inclusion thereof in a reciprocity agreement, arrangement or
declaration issued pursuant to this Act.
(Source: P.A. 86‑1258.)
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(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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2. To any person who is under the age of 18 as an | ||
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3. To any person, as a driver, whose driver's | ||
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4. To any person, as a driver, who is a user of | ||
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5. To any person, as a driver, who has previously | ||
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6. To any person, as a driver, who is required by | ||
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7. To any person who is required under the | ||
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8. To any person when the Secretary of State has | ||
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9. To any person, as a driver, who is 69 years of | ||
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10. To any person convicted, within 12 months of | ||
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11. To any person who is under the age of 21 years | ||
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12. To any person who has been either convicted of | ||
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13. To any person who is under the age of 18 years | ||
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14. To any person who is 90 days or more delinquent | ||
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15. To any person released from a term of | ||
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16. To any person who, with intent to influence any | ||
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17. To any person for whom the Secretary of State | ||
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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 5/6‑103.1) Sec. 6‑103.1. New residents; out‑of‑state revocation. (a) The Secretary of State may not issue a driver's license to a nonresident who becomes a resident of this State while the new resident's driving privileges are revoked, under terms similar to those provided in Section 1‑176 of this Code, in another state. (b) The Secretary may issue restricted driving permits to new residents whose driving privileges are revoked in another state. These permits must be issued according to the restrictions, and for the purposes, stated in Sections 6‑205 and 6‑206 of this Code. The Secretary shall adopt rules for the issuance of these permits. (c) A restricted driving permit issued under this Section is subject to cancellation, revocation, and suspension by the Secretary of State in the same manner and for the same causes as a driver's license issued under this Code may be cancelled, revoked, or suspended, except that a conviction of one or more offenses against laws or ordinances regulating the movement of traffic is sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit.
(Source: P.A. 94‑473, eff. 1‑1‑06; 94‑930, eff. 6‑26‑06.)
(625 ILCS 5/6‑104)(from Ch. 95 1/2, par. 6‑104)
Sec. 6‑104. Classification of Driver ‑ Special Restrictions.
(a) A driver's license issued under the authority of this Act
shall indicate the classification for which the applicant therefor has
qualified by examination or by such other means that the Secretary of State
shall prescribe. Driver's license classifications shall be
prescribed by rule or regulation promulgated by the Secretary of State and
such may specify classifications as to operation of motor vehicles of the
first division, or of those of the second division, whether operated singly
or in lawful combination, and whether for‑hire or not‑for‑hire, and may
specify such other classifications as the Secretary deems necessary.
No person shall operate a motor vehicle unless such person has a valid
license with a proper classification to permit the operation of such
vehicle, except that any person may operate a motorized pedalcycle if such
person has a valid current Illinois driver's license,
regardless of classification.
(b) No person who is under the age of 21 years or has had less than 1
year of driving experience shall drive: (1) in connection with the
operation of any school, day camp, summer camp, or nursery school, any
public or private motor vehicle for transporting children to or from any
school, day camp, summer camp, or nursery school, or (2) any motor vehicle
of the second division when in use for the transportation of persons for
compensation.
(c) No person who is under the age of 18 years shall be issued a license
for the purpose of transporting property for hire, or for the purpose of
transporting persons for compensation in a motor vehicle of the first division.
(d) No person shall drive: (1) a school bus when transporting school
children unless such person possesses a valid school bus driver permit or
is accompanied and supervised, for the specific purpose of training prior
to routine operation of a school bus, by a person who has held a valid
school bus driver permit for at least one year; or (2) any other vehicle
owned or operated by or for a public or private school, or a school
operated by a religious institution, where such vehicle is being used over
a regularly scheduled route for the transportation of persons enrolled as a
student in grade 12 or below, in connection with any activity of the
entities unless such person possesses a valid school bus driver permit.
(d‑5) No person may drive a bus that does not meet the special
requirements
for school buses provided in Sections 12‑801, 12‑802, 12‑803, and 12‑805 of
this
Code that has been chartered
for the sole purpose of transporting students regularly enrolled in
grade 12 or below to or from interscholastic athletic or interscholastic or
school
sponsored activities
unless the person has a
valid and properly classified commercial driver's license as provided in
subsection (c‑1) of Section 6‑508 of this Code
in
addition to any other permit or license that
is required to operate that bus. This subsection (d‑5)
does
not apply to any bus driver employed by a public transportation provider
authorized to conduct local or interurban transportation of passengers when the
bus is not traveling a specific school bus route but is on a regularly
scheduled route for the transporting of other fare paying passengers.
A person may operate a chartered bus described in this subsection
(d‑5) if he or she is not disqualified from driving a chartered bus of that
type and if he or she holds a CDL that is:
(1) issued to him or her by any other state or
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(2) not suspended, revoked, or canceled; and
(3) valid under 49 CFR 383, subpart F, for the type | ||
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A person may also operate a chartered bus described
in this subsection (d‑5) if he or she holds a valid CDL
and a valid school bus driver permit that was issued on
or before December 31, 2003.
(e) No person shall drive a religious organization bus unless such person
has a valid and properly classified drivers license or a valid school bus
driver permit.
(f) No person shall drive a motor vehicle for the purpose of providing
transportation for the elderly in connection with the activities of any
public or private organization unless such person has a valid and properly
classified driver's license issued by the Secretary of State.
(g) No person shall drive a bus which meets the special requirements
for school buses provided in Section 12‑801, 12‑802, 12‑803 and 12‑805 of
this Code for the purpose of transporting persons 18 years of age or less
in connection with any youth camp licensed under the Youth Camp Act or any
child care facility licensed under the Child Care Act of 1969 unless such
person possesses a valid school bus driver permit or is accompanied and
supervised, for the specific purpose of training prior to routine operation
of a school bus, by a person who has held a valid school bus driver permit
for at least one year; however, a person who has a valid and properly
classified driver's license issued by the Secretary of State may operate a
school bus for the purpose of transporting persons 18 years of age or less
in connection with any such youth camp or child care facility if the
"SCHOOL BUS" signs are covered or concealed and the stop signal arm and
flashing signal systems are not operable through normal controls.
(Source: P.A. 92‑849, eff. 1‑1‑03; 93‑476, eff. 1‑1‑04; 93‑644, eff. 6‑1‑04.)
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(625 ILCS 5/6‑105) (from Ch. 95 1/2, par. 6‑105)
Sec. 6‑105.
Instruction permits and temporary licenses
for persons 18 years of age or older.
(a) Except as provided in this Section, the Secretary of State upon
receiving proper application and payment of the required fee may issue an
instruction permit to any person 18 years of age or older
who is not ineligible for a license under
paragraphs 1, 3, 4, 5, 7, or 8 of Section 6‑103, after the applicant has
successfully passed such examination as the Secretary of State in his
discretion may prescribe.
1. An instruction permit entitles the holder while having the permit in
his immediate possession to drive a motor vehicle, excluding a motor driven
cycle or motorcycle, upon the highways for a period of 12 months after the
date of its issuance when accompanied by a licensed driver
who is 21 years of age or older, who has had a
valid driver's license classification to operate such vehicle for at least
one year and has had one year of driving experience
with such classification and who is occupying a seat beside the
driver.
2. A 12 month instruction permit for a motor driven cycle or motorcycle
may be issued
to a person 18 years of age or more, and entitles the holder to
drive upon the highways during daylight under the direct supervision of a
licensed
motor driven cycle operator or motorcycle operator
with the same or
greater classification, who is 21 years of age or older and who has at least
one year of driving experience.
3. (Blank).
(b) (Blank).
(c) The Secretary of State may issue a temporary
driver's license to an applicant for a license permitting the operation
of a motor vehicle while the Secretary is completing
an investigation and determination of all facts relative to
such applicant's eligibility to receive such license, or for any other
reason prescribed by rule or regulation promulgated by the Secretary of
State. Such permit must be in the applicant's immediate possession
while operating a motor vehicle, and it shall be invalid when the applicant's
driver's license has been issued or for good cause has been refused.
In each case the Secretary of State may issue the temporary driver's
license for such period as appropriate but in no
event for longer than 90 days.
(Source: P.A. 90‑369, eff. 1‑1‑98.)
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(625 ILCS 5/6‑105.1)
Sec. 6‑105.1. Temporary visitor's driver's license. (a) The Secretary of State may issue a temporary visitor's driver's license to a foreign national who (i) resides in this State, (ii) is ineligible to obtain a social security number, and (iii) presents to the Secretary documentation, issued by United States Citizenship and Immigration Services, authorizing the person's presence in this country. (b) A temporary visitor's driver's license is valid for 3 years, or for the period of time the individual is authorized to remain in this country, whichever ends sooner.
(c) The Secretary shall adopt rules for implementing this Section, including rules regarding the design and content of the temporary visitor's driver's license.
(Source: P.A. 93‑752, eff. 1‑1‑05.)
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(625 ILCS 5/6‑106)(from Ch. 95 1/2, par. 6‑106)
Sec. 6‑106. Application for license or instruction permit.
(a) Every application for any permit or license authorized to be issued
under this Act shall be made upon a form furnished by the Secretary of
State. Every application shall be accompanied by the proper fee and payment
of such fee shall entitle the applicant to not more than 3 attempts to pass
the examination within a period of 1 year after the date of application.
(b) Every application shall state the legal name, social security
number, zip
code, date of birth, sex, and residence address of the applicant; briefly
describe the applicant; state whether the applicant has theretofore been
licensed as a driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended, revoked or
refused, and, if so, the date and reason for such cancellation, suspension,
revocation or refusal; shall include an affirmation by the applicant that
all information set forth is true and correct; and shall bear the
applicant's signature. The application form may
also require the statement of such additional relevant information as the
Secretary of State shall deem necessary to determine the applicant's
competency and eligibility. The Secretary of State may in his discretion
substitute a federal tax number in lieu of a social security number, or he
may instead assign an additional distinctive number in lieu thereof, where
an applicant is prohibited by bona fide religious convictions from applying
or is exempt from applying for a social security number. The Secretary of
State shall, however, determine which religious orders or sects have such
bona fide religious convictions. The Secretary of State may, in his
discretion, by rule or regulation, provide that an application for a
drivers license or permit may include a suitable photograph of the
applicant in the
form prescribed by the Secretary, and he may further provide that each
drivers license shall include a photograph of the driver. The Secretary of
State may utilize a photograph process or system most suitable to deter
alteration or improper reproduction of a drivers license and to prevent
substitution of another photo thereon.
(c) The application form shall include a notice to the applicant of the
registration obligations of sex offenders under the Sex Offender Registration
Act. The notice shall be provided in a form and manner prescribed by the
Secretary of State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender Registration Act.
(d) Any male United States citizen or immigrant who applies for any
permit or
license authorized to be issued under this Act or for a renewal of any permit
or
license,
and who is at least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal Military
Selective
Service Act.
The Secretary of State must forward in an electronic format the necessary
personal information regarding the applicants identified in this subsection (d)
to
the Selective Service System. The applicant's signature on the application
serves
as an indication that the applicant either has already registered with the
Selective
Service System or that he is authorizing the Secretary to forward to the
Selective
Service System the necessary information for registration. The Secretary must
notify the applicant at the time of application that his signature constitutes
consent to registration with the Selective Service System, if he is not already
registered.
(Source: P.A. 92‑117, eff. 1‑1‑02; 93‑895, eff. 1‑1‑05.)
(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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3. possess a valid driver's license, which has not | ||
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4. successfully pass a written test, administered by | ||
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5. demonstrate ability to exercise reasonable care in | ||
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6. demonstrate physical fitness to operate school | ||
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7. affirm under penalties of perjury that he or she | ||
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8. have completed an initial classroom course, | ||
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9. not have been convicted of 2 or more serious | ||
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10. not have been convicted of reckless driving, | ||
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11. not have been convicted of committing or | ||
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12. not have been repeatedly involved as a driver in | ||
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13. not have, through the unlawful operation of a | ||
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14. not have, within the last 5 years, been adjudged | ||
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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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(2) The Secretary of State shall cancel a school bus | ||
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(3) The Secretary of State shall cancel a school bus | ||
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(4) The Secretary of State may not issue a school bus | ||
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(5) The Secretary of State shall forthwith suspend a | ||
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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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(2) When a person submits to a blood test at the | ||
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(3) The person tested may have a physician, | ||
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(4) Upon a request of the person who submits to a | ||
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(5) Alcohol concentration means either grams of | ||
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(6) If a driver is receiving medical treatment as a | ||
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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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(2) whether the person was issued a Uniform Traffic | ||
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(3) whether the police officer had probable cause to | ||
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(4) whether the person, after being advised by the | ||
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(5) whether the person, after being advised by the | ||
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(6) whether the test result of an alcohol | ||
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(7) whether the test result of an alcohol | ||
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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 5/6‑106.1b)
Sec. 6‑106.1b.
Loss of school bus driver permit privileges; failure or
refusal to submit to chemical testing.
Unless the loss of school bus driver permit privileges based upon
consumption of alcohol by an individual who has been issued a school bus driver
permit in accordance with Section 6‑106.1 of this Code or refusal to submit to
testing has been
rescinded by the Secretary of State in accordance with subsection (c) of
Section
6‑206 of
this Code, a person whose privilege to possess a school bus driver permit has
been canceled under Section 6‑106.1a is not eligible for restoration of the
privilege until the expiration of
3 years from the effective date of the cancellation for a person
who has refused or failed to complete a test or tests to determine blood
alcohol concentration or has submitted to testing with a blood alcohol
concentration of more than 0.00.
(Source: P.A. 90‑107, eff. 1‑1‑98; 91‑124, eff. 7‑16‑99.)
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(625 ILCS 5/6‑106.2) (from Ch. 95 1/2, par. 6‑106.2)
Sec. 6‑106.2.
Religious organization bus driver.
A religious
organization bus driver shall meet the following requirements:
1. is 21 years of age or older;
2. has a valid and properly classified driver's
license issued by the
Secretary of State;
3. has held a valid driver's license, not necessarily of the same
classification, for
3 years prior to the date
of application;
4. has demonstrated an ability to exercise reasonable
care in the safe
operation of religious
organization buses in accordance with such standards as the Secretary of
State prescribes
including a driving test in a religious organization bus; and
5. has not been convicted of any of the following offenses within 3 years of the
date of application: Sections 11‑401 (leaving the scene of a traffic
accident involving death or personal injury), 11‑501 (driving under the
influence), 11‑503 (reckless driving) and 11‑504 (drag racing) of this Code, or Sections
9‑3 (manslaughter or reckless homicide) and 12‑5 (reckless conduct arising
from the use of a motor vehicle) of the Criminal Code of 1961.
(Source: P.A. 84‑641.)
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(625 ILCS 5/6‑106.3) (from Ch. 95 1/2, par. 6‑106.3)
Sec. 6‑106.3.
Senior citizen transportation ‑ driver.
A driver of a
vehicle operated solely for the purpose of providing transportation for
the elderly in connection with the activities of any public or private
organization
shall meet the following requirements:
(1) is 21 years of age or older;
(2) has a valid and properly classified driver's license issued by the
Secretary of State;
(3) has had a valid driver's license, not necessarily
of the same classification, for 3 years prior to the date of application;
(4) has demonstrated his ability to exercise reasonable care in the safe
operation of a motor vehicle which will be utilized to transport persons
in accordance with such standards as the Secretary of State prescribes
including
a driving test in such motor vehicle; and
(5) has not been convicted of any of the following offenses within
3 years of the date of application:
Sections 11‑401 (leaving the scene of a traffic accident involving death
or personal injury), 11‑501 (driving under the influence), 11‑503 (reckless
driving) and 11‑504 (drag racing) of this Code, or Sections 9‑3 (manslaughter
or reckless
homicide) and 12‑5 (reckless conduct arising from the use of a motor
vehicle) of the Criminal Code of 1961.
(Source: P.A. 84‑641.)
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(625 ILCS 5/6‑106.4) (from Ch. 95 1/2, par. 6‑106.4)
Sec. 6‑106.4.
For‑profit ridesharing arrangement ‑ driver.
No person
may drive a commuter van while it is being used for a for‑profit ridesharing
arrangement unless such person:
(1) is 21 years of age or older;
(2) has a valid and properly classified driver's license issued by the
Secretary of State;
(3) has held a valid driver's license, not necessarily
of the same classification,
for 3 years prior to the date of application;
(4) has demonstrated his ability to exercise reasonable care in the safe
operation of commuter vans used in for‑profit ridesharing arrangements in
accordance with such standards as the Secretary of State may prescribe,
which standards may require a driving test in a commuter van; and
(5) has not been convicted of any of the following offenses within
3 years of the date of
application: Sections 11‑401 (leaving the scene of a traffic
accident involving death or personal injury), 11‑501 (driving under
the influence), 11‑503 (reckless driving) and 11‑504 (drag racing) of this
Code, or
Sections 9‑3 (manslaughter or reckless homicide) and 12‑5 (reckless conduct
arising from the use of a motor vehicle) of the Criminal Code of 1961.
(Source: P.A. 84‑641.)
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(625 ILCS 5/6‑106.11) (from Ch. 95 1/2, par. 6‑106.11)
Sec. 6‑106.11.
(a) Any individual, corporation, partnership or association,
who through contractual arrangements with a school district transports
students, teachers or other personnel of that district for compensation, shall not
permit any person to operate a school bus pursuant to that contract if the
driver has not complied with the provisions of Sections 6‑106.1 of this
Code or such other rules or regulations that the Secretary of State may
prescribe for the classification, restriction or licensing of school bus drivers.
(b) A violation of this Section is a business offense and shall subject
the offender to a fine of no less than $1,000 nor more than $10,000 for
a first offense, no less than $1,500 nor more than $15,000 for a second
offense, and no less than $2,000 nor more than $20,000 for a third or
subsequent offense. In addition to any fines imposed under this subsection, any offender
who has been convicted three times under the provisions of subsection (a)
shall, upon a fourth or subsequent conviction be prohibited from transporting
or contracting to transport students, teachers or other personnel of a school
district for a period of five years beginning with the date of conviction
of such fourth or subsequent conviction.
(Source: P.A. 83‑1286.)
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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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(2) strengthening driver licensing and testing | ||
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(3) sanctioning driving privileges of drivers under | ||
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(4) setting stricter standards to promote the | ||
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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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(3) certification by the parent, legal guardian, or | ||
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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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(2) strengthening driver licensing and testing | ||
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(3) sanctioning driving privileges of drivers under | ||
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(4) setting stricter standards to promote the | ||
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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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(3) certification by the parent, legal guardian, or | ||
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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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(2) strengthening driver licensing and testing | ||
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(3) sanctioning driving privileges of drivers under | ||
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(4) setting stricter standards to promote the | ||
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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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(3) certification by the parent, legal guardian, or | ||
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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 5/6‑107.1)
Sec. 6‑107.1.
Instruction permit for a minor.
(a) The Secretary of State, upon
receiving proper application and payment of the required fee, may issue an
instruction permit to any person under the age of 18 years who is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, or 8 of Section
6‑103, after the applicant has successfully passed such examination as the
Secretary of State in his discretion may prescribe.
(1) An instruction permit issued under this Section | ||
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(2) A 24 month instruction permit for a motor driven | ||
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(3) A 24 month instruction permit for a motorcycle | ||
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(b) An instruction permit issued under this Section when issued to a person
under the
age of 17 years shall, as a matter of law, be invalid for the operation of any
motor
vehicle during the same time the child is prohibited from being on any street
or highway under the provisions of the Child Curfew Act.
(c) Any person under the age of 16 years who possesses an instruction permit
and
whose
driving privileges have been suspended or revoked under the provisions of this
Code shall not be granted a Family Financial Responsibility Driving Permit or a
Restricted Driving Permit.
(Source: P.A. 90‑369, eff. 1‑1‑98.)
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(625 ILCS 5/6‑107.2)
Sec. 6‑107.2.
Rules for graduated licenses.
The Secretary of State, using
the authority to
license
motor vehicle operators, may adopt such rules as may be necessary to establish
standards, policies, and procedures for graduated licenses.
(Source: P.A. 90‑369, eff. 1‑1‑98.)
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(625 ILCS 5/6‑107.3)
Sec. 6‑107.3.
Distinct nature of driver's license dependent on age.
The
Secretary of State shall provide that each graduated
driver's license and each regular driver's license issued to individuals under
21 years of age shall be of a distinct nature from those driver's licenses
issued to individuals 21 years of age and older. The colors designated for the
graduated driver's license and regular driver's license shall be at the
discretion of the Secretary of State.
(Source: P.A. 90‑369, eff. 1‑1‑98.)
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(625 ILCS 5/6‑107.4) Sec. 6‑107.4. Temporary driver's license; applicant under 18. The Secretary of State may issue a temporary driver's license to an applicant under the age of 18 permitting the operation of a motor vehicle when the Secretary of State is unable to produce a driver's license due to an equipment or computer program failure or lack of necessary equipment, if the applicant is not otherwise ineligible for a driver's license and has met all the requirements of Section 6‑107. The temporary driver's license must be in the applicant's immediate possession while he or she is operating a motor vehicle. The temporary license is invalid if the applicant's driver's license has been issued or for good cause has been refused. The Secretary of State may issue this temporary driver's license for any appropriate period not exceeding 30 days.
(Source: P.A. 94‑930, eff. 6‑26‑06.)
(625 ILCS 5/6‑108)(from Ch. 95 1/2, par. 6‑108)
Sec. 6‑108. Cancellation of license issued to minor.
(a) The Secretary of State shall cancel the license or permit of any minor
under the age of 18 years in any of the following events:
1. Upon the verified written request of the person
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2. Upon receipt of satisfactory evidence of the | ||
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3. Upon receipt of satisfactory evidence that the | ||
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After cancellation, the Secretary of State shall not issue a new
license or permit until the applicant meets the provisions of Section
6‑107 of this Code.
(b) The Secretary of State shall cancel the license or permit of any
person under the age of 18 years if he or she is convicted of violating
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. After the cancellation, the Secretary of State
shall not issue a new license or permit for a period of one year after the
date of cancellation or until the minor attains the age of 18 years,
whichever is longer.
However, 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 between the person's residence and
person's place of employment or within the scope of the person's employment related
duties, or to allow transportation for
the person or a household member of the person'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 person to attend classes, as a student,
in an accredited educational institution; if the person is able to
demonstrate that no alternative means of transportation is reasonably
available; provided that the Secretary's discretion shall be limited to
cases where undue hardship would result from a failure to issue such
restricted driving permit. In each case the Secretary of State may issue
a restricted driving permit for a period as he
deems appropriate,
except that the permit shall expire within one year from the date of
issuance. A restricted driving permit issued hereunder 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 hereunder 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 driver remedial or rehabilitative
program.
Thereafter, upon reapplication for a license as
provided in Section 6‑106 of this Code or a permit as provided in Section
6‑105 of this Code and upon payment of the appropriate application fee, the
Secretary of State shall issue the applicant a license as provided in Section
6‑106 of this Code or shall issue the applicant a permit as provided in Section 6‑105.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
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(625 ILCS 5/6‑108.1)
Sec. 6‑108.1.
Notice to Secretary; denial of license;
persons under 18.
(a) The State's Attorney must notify the Secretary of the
charges pending
against any person younger than 18 years of age who has been charged
with a violation of this Code or the Criminal Code of 1961 arising out of an
accident in
which the person was involved as a driver and that caused the death of or a
type A injury to another person. A "type A injury" includes severely bleeding
wounds, distorted extremities, and injuries that require the injured party to
be carried from the scene. The State's Attorney must notify the Secretary on a
form prescribed by the Secretary.
(b) The Secretary, upon receiving notification from the State's Attorney,
may
deny any driver's license to any person
younger than 18 years of age against whom the charges are pending.
(c) The State's Attorney must notify the Secretary of the final
disposition of the case of any person who has been denied a driver's license
under subsection (b).
(d) The Secretary must adopt rules for implementing this Section.
(Source: P.A. 92‑137, eff. 7‑24‑01.)
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(625 ILCS 5/6‑109) (from Ch. 95 1/2, par. 6‑109)
Sec. 6‑109.
Examination of Applicants.
(a) The Secretary of State shall examine every applicant for a driver's
license or permit who has not been previously licensed as a driver under the
laws of this State or any other state or country, or any applicant for renewal
of such driver's license or permit when such license or permit has been expired
for more than one year. The Secretary of State shall, subject to the
provisions of paragraph (c), examine every licensed driver at least every 8
years, and may examine or re‑examine any other applicant or licensed driver,
provided that during the years 1984 through 1991 those drivers issued a license
for 3 years may be re‑examined not less than every 7 years or more than every
10 years.
The Secretary of State shall require the testing of the eyesight of any
driver's license or permit applicant who has not been previously licensed
as a driver under the laws of this State and shall promulgate rules and
regulations to provide for the orderly administration of all the provisions of
this Section.
(b) Except as provided for those applicants in paragraph (c), such
examination shall include a test of the applicant's
eyesight, his ability to read and understand official traffic control devices,
his knowledge of safe driving practices and the traffic laws of this State,
and may include an actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor vehicle, and
such further physical and mental examination as the Secretary of State finds
necessary to determine the applicant's fitness to operate a motor vehicle
safely on the highways, except the examination of an applicant 75 years
of age or older shall include an actual demonstration of the applicant's
ability to exercise ordinary and reasonable control of the operation of
a motor vehicle. All portions of written and verbal examinations under
this Section, excepting where the English language appears on facsimiles
of road signs, may be given in the Spanish language and, at the discretion
of the Secretary of State, in any other language as well as in English upon
request of the examinee. Deaf persons who are otherwise qualified are not
prohibited from being issued a license, other than a commercial driver's
license, under this Code.
(c) Re‑examination for those applicants who at the time of renewing their
driver's license possess a driving record devoid of any convictions of traffic
violations or evidence of committing an offense
for which mandatory revocation
would be required upon conviction pursuant to Section 6‑205 at the time
of renewal shall be in a manner prescribed by the Secretary
in order to determine an applicant's ability to safely operate a motor
vehicle,
except that every applicant for the renewal of a driver's license who is
75 years of age or older must prove, by an actual demonstration,
the applicant's ability to exercise reasonable care in the safe operation
of a motor vehicle.
(d) In the event the applicant is not ineligible under the provisions of
Section 6‑103 to receive a driver's license, the Secretary of State
shall make provision for giving an examination, either in the county where
the applicant resides or at a place adjacent thereto reasonably convenient
to the applicant, within not more than 30 days from the date said
application is received.
(Source: P.A. 91‑350, eff. 7‑29‑99.)
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(625 ILCS 5/6‑110)(from Ch. 95 1/2, par. 6‑110)
Sec. 6‑110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying applicant a
driver's license as applied for, which license shall bear a
distinguishing
number assigned to the licensee, the legal name,
zip
code, date of birth, residence address, and a brief description of the
licensee, and
a space where the licensee may write his usual signature.
If the licensee is less than 17 years of age, the license shall, as a
matter of law, be invalid for the operation of any motor vehicle during
any time the licensee is prohibited from being on any street or highway
under the provisions of the Child Curfew Act.
Licenses issued shall also indicate the classification and
the restrictions under Section 6‑104 of this Code.
In lieu of the social security number, the Secretary may in his
discretion substitute a federal tax number or other distinctive number.
A driver's license issued may, in the discretion of the Secretary,
include a suitable photograph of a type prescribed by the Secretary.
(b) Until the Secretary of State establishes a First Person Consent organ and tissue donor registry under Section 6‑117 of this Code, the Secretary of State shall provide a format on the reverse of
each driver's license issued which the licensee may use to execute a document
of gift conforming to the provisions of the Illinois Anatomical Gift Act.
The format shall allow the licensee to indicate the gift intended, whether
specific organs, any organ, or the entire body, and shall accommodate the
signatures of the donor and 2 witnesses. The Secretary shall also inform
each applicant or licensee of this format, describe the procedure for its
execution, and may offer the necessary witnesses; provided that in so doing,
the Secretary shall advise the applicant or licensee that he or she is
under no compulsion to execute a document of gift. A brochure
explaining this method of executing an anatomical gift document shall be given
to each applicant or licensee. The brochure shall advise the applicant or
licensee that he or she is under no compulsion to execute a document of
gift, and that he or she may wish to consult with family, friends or clergy
before doing so. The Secretary of State may undertake additional efforts,
including education and awareness activities, to promote organ and tissue
donation.
(c) The Secretary of State shall designate on each driver's license issued
a space where the licensee may place a sticker or decal of the uniform
size as the Secretary may specify, which sticker or decal may indicate in
appropriate language that the owner of the license carries an Emergency
Medical Information Card.
The sticker may be provided by any person, hospital, school,
medical group, or association interested in assisting in implementing
the Emergency Medical Information Card, but shall meet the specifications
as the Secretary may by rule or regulation require.
(d) The Secretary of State shall designate on each driver's license issued
a space where the licensee may indicate his blood type and RH factor.
(e) The Secretary of State shall provide
that each original or renewal driver's license issued to a licensee under
21 years of age shall be of a distinct nature from those driver's licenses
issued to individuals 21 years of age and older. The color designated for
driver's licenses for licensees under 21 years of age shall be at the
discretion of the Secretary of State.
(e‑1) The Secretary shall provide that each driver's license issued to a
person under the age of 21 displays the date upon which the person becomes 18
years of age and the date upon which the person becomes 21 years of age.
(f) The Secretary of State shall inform all Illinois licensed
commercial motor vehicle operators of the requirements of the Uniform
Commercial Driver License Act, Article V of this Chapter, and shall make
provisions to insure that all drivers, seeking to obtain a commercial
driver's license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times, dates and
locations where these commercial driver's tests shall be conducted. Any
applicant, regardless of the current expiration date of the applicant's
driver's license, may be subject to any assignment by the Secretary.
Failure to comply with the Secretary's assignment may result in the
applicant's forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a
driver's license issued, a space where the licensee may indicate that he or
she has drafted a living will in accordance with the Illinois Living Will
Act or a durable power of attorney for health care in accordance with the
Illinois Power of Attorney Act.
(g‑1) The Secretary of State, in his or her discretion, may designate on
each driver's license issued a space where the licensee may place a sticker or
decal, issued by the Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the terms of
this Section is not liable for damages in any civil action or subject to
prosecution in any criminal proceeding for his or her act.
(Source: P.A. 93‑794, eff. 7‑22‑04; 93‑895, eff. 1‑1‑05; 94‑75, eff. 1‑1‑06; 94‑930, eff. 6‑26‑06.)
(625 ILCS 5/6‑110.1)
Sec. 6‑110.1.
Confidentiality of captured photographs or images.
The
Secretary of State shall maintain a file on or contract to file all photographs
and signatures obtained in the process of issuing a driver's license, permit,
or identification card. The photographs and signatures shall be confidential
and shall not be disclosed except to the following persons:
(1) the individual upon written request;
(2) officers and employees of the Secretary of State | ||
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(3) law enforcement officials for a lawful civil or | ||
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(4) other entities that the Secretary may exempt by | ||
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(Source: P.A. 92‑16, eff. 6‑28‑01.)
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(625 ILCS 5/6‑112) (from Ch. 95 1/2, par. 6‑112)
Sec. 6‑112.
License and Permits to be carried and exhibited on
demand. Every licensee or permittee shall have his drivers license or permit
in his immediate possession at all times when operating a motor vehicle
and, for the purpose of indicating compliance with this requirement,
shall display such license or permit if it is in his possession upon
demand made, when in uniform or displaying a badge or other sign of
authority, by a member of the State Police, a sheriff or other police
officer or designated agent of the Secretary of State. However, no
person charged with violating this Section shall be convicted if he
produces in court satisfactory evidence that a drivers license was
theretofor issued to him and was valid at the time of his arrest.
For the purposes of this Section, "display" means the manual
surrender of his license certificate into the hands of the
demanding officer for his inspection thereof.
(Source: P.A. 76‑1749.)
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(625 ILCS 5/6‑113) (from Ch. 95 1/2, par. 6‑113)
Sec. 6‑113.
Restricted licenses and permits.
(a) The Secretary of
State upon issuing a drivers license or permit shall have the authority
whenever good cause appears to impose restrictions suitable to the
licensee's driving ability with respect to the type of, or special
mechanical control devices required on, a motor vehicle which the
licensee may operate or such other restrictions applicable to the
licensee as the Secretary of State may determine to be appropriate to
assure the safe operation of a motor vehicle by the licensee.
(b) The Secretary of State may either issue a special restricted
license or permit or may set forth such restrictions upon the usual
license or permit form.
(c) The Secretary of State may issue a probationary license to a person
whose driving privileges have been suspended pursuant to subsection (d) of this
Section or subsections (a)(2), (a)(19) and (a)(20) of Section 6‑206 of this
Code. The Secretary of State shall promulgate rules pursuant to The
Illinois Administrative Procedure Act, setting forth the conditions and
criteria for the issuance and cancellation of probationary licenses.
(d) The Secretary of State may upon receiving satisfactory evidence
of any violation of the restrictions of such license or permit suspend,
revoke or cancel the same without preliminary hearing, but the licensee or
permittee shall be entitled to a hearing as in the case of a suspension
or revocation.
(e) It is unlawful for any person to operate a motor vehicle in any
manner in violation of the restrictions imposed on a restricted license
or permit issued to him.
(f) Whenever the holder of a restricted driving permit is issued a citation
for any of the following offenses including similar local ordinances, the
restricted driving permit is immediately invalidated:
1. Reckless homicide resulting from the operation of | ||
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2. Violation of Section 11‑501 of this Act relating | ||
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3. Violation of Section 11‑401 of this Act relating | ||
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4. Violation of Section 11‑504 of this Act relating | ||
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The police officer issuing the citation shall confiscate the restricted
driving permit and forward it, along with the citation, to the Clerk of
the Circuit Court of the county in which the citation was issued.
(g) The Secretary of State may issue a special restricted
license for a period of 12 months to individuals using vision aid
arrangements other than standard eyeglasses or contact lenses,
allowing the operation of a motor vehicle during nighttime hours.
The Secretary of State shall adopt rules defining the terms and
conditions by which the individual may obtain and renew this
special restricted license. At a minimum, all drivers must meet
the following requirements:
1. Possess a valid driver's license and have | ||
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2. Have a driving record that does not include any | ||
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3. Successfully complete a road test administered | ||
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At a minimum, all drivers renewing this license must meet the
following requirements:
1. Successfully complete a road test administered | ||
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2. Have a driving record that does not include any | ||
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(h) Any driver issued a special restricted license as defined in
subsection (g) whose privilege to drive during nighttime hours has been
suspended due to an accident occurring during nighttime hours may request
a hearing as provided in Section 2‑118 of this Code to contest that suspension.
If it is
determined that the accident for which the driver was at fault was not
influenced by the driver's use of vision aid arrangements other than standard
eyeglasses or contact lenses, the Secretary may reinstate that driver's
privilege to drive during nighttime hours.
(Source: P.A. 92‑274, eff. 1‑1‑02.)
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(625 ILCS 5/6‑114)(from Ch. 95 1/2, par. 6‑114)
Sec. 6‑114. Duplicate and Corrected Licenses and Permits.
In the event that a drivers license or permit issued under the
provisions of this Act is lost or destroyed, the person to whom the same
was issued may upon application and payment of the required fee obtain a
duplicate or substitute thereof, upon furnishing evidence satisfactory to
the Secretary of State that such permit or license has been lost or
destroyed and if such applicant is not then ineligible under Section 6‑103
of this Act. Any person to whom has been issued a drivers license or permit
under the provisions of this Act and who desires to obtain a corrected
permit or license to indicate a correction of legal name or
residence
address or to correct a
statement appearing upon the original permit or license may upon
application and payment of the required fee obtain a corrected permit or
license. The original permit or license must accompany the application for
correction or evidence must be furnished satisfactory to the Secretary of
State that such permit or license has been lost or destroyed.
(Source: P.A. 93‑895, eff. 1‑1‑05.)
(625 ILCS 5/6‑115) (from Ch. 95 1/2, par. 6‑115)
Sec. 6‑115.
Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of
this Code shall
expire 4 years from the date of its issuance, or at such later
date, as the Secretary of State may by proper rule and regulation designate,
not to exceed 12 calendar months; in the event
that an applicant for renewal of a driver's license fails
to apply prior to
the expiration date of the previous driver's license, the renewal driver's
license
shall expire 4 years from the expiration date of the previous
driver's license, or at such later date as the Secretary of State may
by proper rule and
regulation designate, not to exceed 12 calendar months.
The Secretary of State may, however, issue to a
person not previously licensed as a driver in Illinois a driver's
license
which will expire not less than 4 years nor more than 5
years from date of
issuance, except as provided elsewhere in this Section.
The Secretary of State is authorized to issue driver's licenses during
the years 1984 through 1987 which shall expire not less than 3 years nor
more than 5 years from the date of issuance, except as provided elsewhere
in this Section, for the purpose of converting
all driver's licenses issued under this Code to a 4 year expiration. Provided
that all original driver's licenses, except as provided elsewhere in
this Section, shall expire not less than 4 years nor more than
5 years from the date of issuance.
(b) Before the expiration of a driver's license, except those
licenses expiring on the individual's 21st birthday, or 3 months after
the individual's 21st birthday, the holder thereof may apply for a renewal
thereof, subject to all the provisions of Section 6‑103, and the Secretary
of State may require an examination of the applicant. A licensee
whose driver's license expires on his 21st birthday, or 3 months after
his 21st birthday, may not apply for a renewal of his driving privileges
until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the expiration of a
driver's license, forward to each person whose license
is to expire a
notification of the expiration of said license which may
be presented at the time of renewal of said license.
There may be included with such notification information explaining
the anatomical gift and Emergency Medical Information Card provisions of
Section 6‑110. The format and text of such information
shall be prescribed by the Secretary.
There shall be included with such notification,
for a period of 4 years beginning January 1, 2000 information regarding the
Illinois Adoption Registry and Medical Information Exchange established in
Section 18.1 of the Adoption Act.
(d) The Secretary may defer the expiration of the driver's license
of a licensee, spouse, and dependent children who are living with such licensee
while on active duty, serving in the Armed Forces of the United
States outside of the State of Illinois, and 45 days thereafter, upon such
terms and conditions as the Secretary may prescribe.
(e) The Secretary of State may decline to process a renewal of a driver's
license
of any person who has not paid any fee or tax due under this Code and is not
paid upon reasonable notice and demand.
(f) The Secretary shall provide that each original or renewal driver's
license issued to a licensee under 21 years of age shall expire 3 months
after the licensee's 21st birthday. Persons whose current driver's licenses
expire on their 21st birthday on or after January 1, 1986 shall not renew their
driver's license before their 21st birthday, and their current driver's
license will be extended for an additional term of 3 months beyond their
21st birthday. Thereafter, the expiration and term of the driver's license
shall be governed by subsection (a) hereof.
(g) The Secretary shall provide that each original or renewal driver's
license issued to a licensee 81 years of age through age 86 shall expire 2
years from the date of issuance, or at such later date as the Secretary may
by rule and regulation designate, not to exceed an additional 12 calendar
months. The
Secretary shall also provide that each original or renewal driver's license
issued to a licensee 87 years of age or older shall expire 12 months from
the date of issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12 calendar months.
(h) The Secretary of State shall provide that each special
restricted driver's license issued under subsection (g) of Section
6‑113 of this Code shall expire 12 months from the date of
issuance. The Secretary shall adopt rules defining renewal
requirements.
(Source: P.A. 91‑417, eff. 1‑1‑00; 92‑274, eff. 1‑1‑02.)
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(625 ILCS 5/6‑116)(from Ch. 95 1/2, par. 6‑116)
Sec. 6‑116. Notice of Change of Residence Address or Legal
Name.
(a) Whenever any person after applying for or receiving a drivers
license or
permit moves from the residence address named in such application or on the
license
or permit issued to him such person shall within 10 days
thereafter notify the Drivers Services Department of the Secretary of State's
Office in writing of his old and new
residence
addresses and of the number of any
license
or permit then held by him. Such person may obtain a corrected license or
permit as provided in Section 6‑114.
(b) Any person whose legal name has changed from the name on the license
or permit that he or she has been previously issued must apply for a corrected
card within 30 days after the change.
(Source: P.A. 93‑895, eff. 1‑1‑05.)
(625 ILCS 5/6‑116.5)
Sec. 6‑116.5.
Driver's duty to report medical condition.
Every driver shall report to the Secretary any medical
condition, as defined by the Driver's License Medical Review Law of 1992, that
is likely to cause loss of consciousness or any loss of ability
to safely operate a motor vehicle within 10 days of the driver becoming aware
of the condition. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
All information furnished to the Secretary under the provisions of this
Section shall be deemed confidential and for the privileged use of the Secretary in accordance with the provisions of subsection (j) of Section 2‑123 of this Code.
(Source: P.A. 89‑584, eff. 7‑31‑96.)
(625 ILCS 5/6‑117)(from Ch. 95 1/2, par. 6‑117)
Sec. 6‑117. Records to be kept by the Secretary of State.
(a) The Secretary of State shall file every application for a license or
permit accepted under this Chapter, and shall maintain suitable
indexes thereof. The records of the Secretary of State shall indicate the
action taken with respect to such applications.
(b) The Secretary of State shall maintain appropriate records of all
licenses and permits refused, cancelled, revoked or suspended and of the
revocation and suspension of driving privileges of persons not licensed
under this Chapter, and such records shall note the reasons for such
action.
(c) The Secretary of State shall maintain appropriate records of
convictions reported under this Chapter. Records of conviction may be
maintained in a computer processible medium.
(d) The Secretary of State may also maintain appropriate records of any
accident reports received.
(e) The Secretary of State shall also maintain appropriate records
of any disposition of supervision or records
relative
to a driver's referral to a driver remedial or rehabilitative program, as
required by the Secretary of State or the courts. Such records shall only
be available for use by the Secretary, law enforcement agencies, the
courts, and the affected driver or, upon proper verification,
such affected driver's attorney.
(f) The Secretary of State shall also maintain or contract to maintain
appropriate records of all photographs and signatures obtained in the process
of issuing any driver's license, permit, or identification card. The record
shall be confidential and shall not be disclosed except to those entities
listed under Section 6‑110.1 of this Code.
(g) The Secretary of State may establish a First Person Consent organ and tissue donor registry in compliance with subsection (b‑1) of Section 5‑20 of the Illinois Anatomical Gift Act, as follows: (1) The Secretary shall offer, to each applicant
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(2) The Secretary of State may establish | ||
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(3) When an individual has agreed to have his or | ||
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(4) An individual may withdraw his or her | ||
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(5) The Secretary of State may undertake | ||
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(6) In the absence of gross negligence or | ||
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(Source: P.A. 94‑75, eff. 1‑1‑06.)
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(625 ILCS 5/6‑117.1) Sec. 6‑117.1. Prohibited use of driver's license information. (a) When information is obtained from a driver's license to identify or prove the age of the holder of the license, or in the course of a commercial transaction, that information may be used only for purposes of identification of the individual or for completing the commercial transaction in which the information was obtained, including all subsequent payment, processing, collection, and other related actions. Information obtained from a driver's license may not be used for purposes unrelated to the transaction in which it was obtained, including, but not limited to, commercial solicitations. Information obtained from a driver's license to identify the holder of the license, or in the course of a commercial transaction, may not be sold, leased, or otherwise provided to any third party. (b) Any individual whose driver's license information has been used in violation of this Section has a cause of action against the person who violated this Section. Upon a finding that a violation did occur, the individual whose information was used in violation of this Section is entitled to recover actual damages, but not less than liquidated damages in the amount of $250 for each violation, plus attorney's fees and the costs of bringing the action. (c) Use of information contained on a driver's license is not a violation of this Section if (i) the individual whose information has been used gave express permission for that use or (ii) the information relating to the individual was obtained from a source other than the individual's driver's license. (d) This Section does not apply to any agency of the United States, the State of Illinois, or any other state or political subdivision thereof. (e) This Section does not apply to the transfer of information to a third party if (i) a federal or State law, rule, or regulation requires that the information be transferred to a third party after being recorded in specified transactions or (ii) the information is transferred to a third party for purposes of the detection or possible prosecution of criminal offenses or fraud. If information is transferred to a third party under this subsection (e), it may be used only for the purposes authorized by this subsection (e).
(f) This Section does not apply to the use of information obtained from a driver's license which has been provided by the holder of the license in the course of a potential or completed employment, commercial, business or professional transaction for the purpose of completing written documents including, but not limited to, contracts, agreements, purchase orders, retail installment contracts, buyer's orders, purchase contracts, repair orders, applications, disclosure forms or waiver forms.
(Source: P.A. 94‑892, eff. 1‑1‑07.)
(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 olds5
All driver's licenses for persons
age 69 through age 805
All driver's licenses for persons
age 81 through age 862
All driver's licenses for persons
age 87 or older0
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 license20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal5
Any instruction permit issued to a person
age 69 and older5
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 Illinois10
Restricted driving permit8
Duplicate or corrected driver's license
or permit5
Duplicate or corrected restricted
driving permit5
Original or renewal M or L endorsement5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits | ||
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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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3. $6 of such original or renewal fee for a | ||
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4. $30 of the $70 fee for reinstatement of a license | ||
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5. The $5 fee for each original or renewal M or L | ||
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6. $20 of any original or renewal fee for a | ||
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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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(B) $40 of the $70 reinstatement fee for any | ||
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(C) $440 of the $500 reinstatement fee for a | ||
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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 5/6‑119) (from Ch. 95 1/2, par. 6‑119)
Sec. 6‑119.
When fees returnable‑drivers license.
(a) Whenever any application to the Secretary of State is accompanied by
any fee as required by law and such application is refused or rejected,
said fee shall be returned to said applicant.
(b) Whenever the Secretary of State through error collects any fee not
required to be paid hereunder, the same shall be refunded to the person
paying the same upon application therefor made within 6 months after the
date of such payment.
(c) Whenever a person dies after making application for a drivers
license or permit under this Article, application for a refund of the
drivers license or permit may be made if the person dies prior to the
effective date for which application has been made, and if the drivers
license or permit has never been used. The Secretary of State shall refund
the drivers license or permit fees upon receipt within 3 months after the
application for a drivers license or permit of an application for refund
accompanied with the drivers license or permit and proof of death of the
applicant.
(d) Any application for refund received after the times specified in
this Section shall be denied and the applicant in order to receive a refund
must apply to the Court of Claims.
(Source: P. A. 78‑756.)
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(625 ILCS 5/6‑120)
Sec. 6‑120.
Inter‑agency agreement for information.
Notwithstanding any
other provision of this Code, the Secretary of State shall enter into an
inter‑agency agreement with the Department of Children and Family Services to
establish a procedure by which employees of the Department of Children and
Family Services may
have immediate access to driver's license records maintained by the Secretary
of
State if the Department of Children and Family Services determines the
information is necessary to perform
its duties under the Abused and Neglected Child
Reporting
Act, the Child Care Act of 1969, and the Children and Family Services Act.
(Source: P.A. 88‑614, eff. 9‑7‑94.)
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(625 ILCS 5/Ch. 6 Art. II heading)ARTICLE II.
CANCELLATION, SUSPENSION, OR
REVOCATION OF LICENSES AND PERMITS
(625 ILCS 5/6‑201)(from Ch. 95 1/2, par. 6‑201)
Sec. 6‑201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any license or permit
upon determining that the holder thereof:
1. was not entitled to the issuance thereof
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2. failed to give the required or correct | ||
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3. failed to pay any fees, civil penalties owed to | ||
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4. committed any fraud in the making of such | ||
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5. is ineligible therefor under the provisions of | ||
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6. has refused or neglected to submit an alcohol, | ||
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7. has been convicted of violating the Cannabis | ||
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8. failed to submit a report as required by Section | ||
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(b) Upon such cancellation the licensee or permittee must surrender the
license or permit so cancelled to the Secretary of State.
(c) Except as provided in Sections 6‑206.1 and 7‑702.1,
the Secretary of State
shall have exclusive authority to grant, issue, deny, cancel, suspend and
revoke driving privileges, drivers' licenses and restricted driving permits.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
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(625 ILCS 5/6‑202) (from Ch. 95 1/2, par. 6‑202)
Sec. 6‑202.
Non‑residents and Unlicensed Persons‑Revocation and Suspension‑Reporting
Convictions.
(a) The privilege of driving a motor vehicle on highways of this State
given to a nonresident hereunder and the privilege which an unlicensed
person might have to obtain a license under this Act shall be subject to
suspension or revocation by the Secretary of State in like manner and for
like cause as a drivers license issued hereunder may be suspended or
revoked.
(b) The Secretary of State is authorized, upon receiving a report of the
conviction in this State of a nonresident driver of a motor vehicle of any
offense under the laws of this State relating to operation, custody or
ownership of motor vehicles, to forward a copy or abstract of such report
to the motor vehicle administrator of the State wherein the person so
convicted is a resident.
(c) When a nonresident's operating privilege is suspended or revoked,
the Secretary of State shall forward a certified copy of the record of such
action to the motor vehicle administrator in the State where such person
resides.
(d) This section is subject to the provisions of the Driver License
Compact.
(Source: P. A. 76‑1752.)
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(625 ILCS 5/6‑203) (from Ch. 95 1/2, par. 6‑203)
Sec. 6‑203.
Suspending or revoking license or privilege upon conviction in another
state.
The Secretary of State is authorized to suspend or revoke the license of
any resident of this State or the privilege of a nonresident to drive a
motor vehicle in this State upon receiving notice of the conviction of such
person in another State of an offense therein which, if committed in this
State would be grounds for the suspension or revocation of the license of a
driver.
This Section is subject to the provisions of the Driver License Compact.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑203.1) (from Ch. 95 1/2, par. 6‑203.1)
Sec. 6‑203.1.
(a) The Secretary of State is authorized to suspend the
driving privileges of persons arrested in another state for driving under
the influence of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, or a similar
provision, and who has refused to submit to a chemical test or tests under
the provisions of implied consent.
(b) When a driving privilege has been suspended for a refusal as
provided in paragraph (a) and the person is subsequently convicted of the
underlying charge, for the same incident, any period served on suspension
shall be credited toward the minimum period of revocation of driving
privileges imposed pursuant to Section 6‑206.
(Source: P.A. 90‑779, eff. 1‑1‑99.)
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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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(2) Whenever any person is convicted of any offense | ||
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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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(3) Whenever an order is entered vacating the | ||
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(4) A report of any disposition of court supervision | ||
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(5) Reports of conviction under this Code and | ||
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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.)
|
(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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3. Any felony under the laws of any State or the | ||
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4. Violation of Section 11‑401 of this Code relating | ||
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5. Perjury or the making of a false affidavit or | ||
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6. Conviction upon 3 charges of violation of Section | ||
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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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9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12‑5 of the Criminal Code | ||
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11. Violation of Section 11‑204.1 of this Code | ||
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12. Violation of paragraph (1) of subsection (b) of | ||
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13. Violation of paragraph (a) of Section 11‑502 of | ||
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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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2. Of any person when any other law of this State | ||
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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 5/6‑205.1)
Sec. 6‑205.1.
(Repealed).
(Source: P.A. 90‑590, eff. 1‑1‑99. Repealed by P.A. 92‑458, eff. 8‑22‑01.)
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(625 ILCS 5/6‑205.2) (This Section may contain text from a Public Act with a delayed effective date)
Sec. 6‑205.2. Suspension of driver's license of person convicted of theft of motor fuel. The driver's license of a person convicted of theft of motor fuel under Section 16J‑15 of the Criminal Code of 1961 shall be suspended by the Secretary for a period not to exceed 6 months for a first offense. Upon a second or subsequent conviction for theft of motor fuel, the suspension shall be for a period not to exceed one year. Upon conviction of a person for theft of motor fuel, the court shall order the person to surrender his or her driver's license to the clerk of the court who shall forward the suspended license to the Secretary.
(Source: P.A. 94‑700, eff. 6‑1‑06.)
(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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2. Has been convicted of not less than 3 offenses | ||
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3. Has been repeatedly involved as a driver in motor | ||
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4. Has by the unlawful operation of a motor vehicle | ||
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5. Has permitted an unlawful or fraudulent use of a | ||
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6. Has been lawfully convicted of an offense or | ||
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7. Has refused or failed to submit to an examination | ||
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8. Is ineligible for a driver's license or permit | ||
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9. Has made a false statement or knowingly concealed | ||
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10. Has possessed, displayed, or attempted to | ||
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11. Has operated a motor vehicle upon a highway of | ||
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12. Has submitted to any portion of the application | ||
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13. Has operated a motor vehicle upon a highway of | ||
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14. Has committed a violation of Section 6‑301, | ||
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15. Has been convicted of violating Section 21‑2 of | ||
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16. Has been convicted of violating Section 11‑204 | ||
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17. Has refused to submit to a test, or tests, as | ||
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18. Has, since issuance of a driver's license or | ||
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19. Has committed a violation of paragraph (a) or | ||
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20. Has been convicted of violating Section 6‑104 | ||
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21. Has been convicted of violating Section 11‑402 | ||
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22. Has used a motor vehicle in violating paragraph | ||
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23. Has, as a driver, been convicted of committing a | ||
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24. Has been convicted by a court‑martial or | ||
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25. Has permitted any form of identification to be | ||
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26. Has altered or attempted to alter a license or | ||
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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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29. Has been convicted of the following offenses | ||
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30. Has been convicted a second or subsequent time | ||
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31. Has refused to submit to a test as required by | ||
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32. Has been convicted of Section 24‑1.2 of the | ||
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33. Has as a driver, who was less than 21 years of | ||
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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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37. Has committed a violation of subsection (c) of | ||
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38. Has been convicted of a violation of Section | ||
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39. Has committed a second or subsequent violation | ||
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40. Has committed a violation of subsection (a‑1) of | ||
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41. Has committed a second or subsequent violation of | ||
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42. Has committed a violation of subsection (a‑1) of | ||
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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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2. If the Secretary of State suspends the driver's | ||
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The provisions of this subparagraph shall not apply | ||
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Any person who falsely states any fact in the | ||
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3. At the conclusion of a hearing under Section | ||
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If a person's license or permit has been revoked or | ||
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If a person's license or permit has been revoked or | ||
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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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2. The court, by a court order, may also direct the | ||
|
||
3. The court, by a court order, may also direct the | ||
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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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||
(ii) Any person who has been convicted of | ||
|
||
(iii) Any person whose privilege to operate a | ||
|
||
(iv) Any person under the age of 18 years.
(v) Any person for the operation of a commercial | ||
|
||
(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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2. Whether the person must drive to secure alcohol | ||
|
||
3. Whether the person must drive for educational | ||
|
||
4. Whether the person has been repeatedly convicted | ||
|
||
5. Whether the person has been convicted of a | ||
|
||
6. Whether the person is likely to obey the limited | ||
|
||
7. Whether the person has any additional traffic | ||
|
||
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.)
|
(625 ILCS 5/6‑206.2)
Sec. 6‑206.2.
Violations relating to an ignition interlock device.
(a) It is unlawful for any person whose driving privilege is restricted
by being prohibited from operating a motor vehicle not equipped with an
ignition interlock device to request or solicit any other person to blow into
an ignition interlock device or to start a motor vehicle equipped with the
device for the purpose of providing the person so restricted with an operable
motor vehicle.
(b) It is unlawful to blow into an ignition interlock device or to start
a motor vehicle equipped with the device for the purpose of providing an
operable motor vehicle to a person whose driving privilege is restricted
by being prohibited from operating a motor vehicle not equipped with an
ignition interlock device.
(c) It is unlawful to tamper with, or circumvent the operation of, an
ignition interlock device.
(d) Except as provided in subsection (c)(17) of Section 5‑6‑3.1 of the
Unified Code of Corrections or by rule, no person shall knowingly rent, lease,
or lend a motor vehicle to a person known to have his or her driving privilege
restricted by being prohibited from operating a vehicle not equipped with an
ignition interlock device, unless the vehicle is equipped with a functioning
ignition interlock device. Any person whose driving privilege is so restricted
shall notify any person intending to rent, lease, or loan a motor vehicle to
the restricted person of the driving restriction imposed upon him or her.
A person convicted of a violation of this subsection shall be punished by
imprisonment for not more than 6 months or by a fine of not more than $5,000,
or both.
(e) 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. 91‑127, eff. 1‑1‑00; 92‑418, eff. 8‑17‑01.)
|
(625 ILCS 5/6‑207) (from Ch. 95 1/2, par. 6‑207)
Sec. 6‑207.
Secretary of State may require reexamination or reissuance of a
license.
(a) The Secretary of State, having good cause to believe that a licensed
driver or person holding a permit or applying for a license or license
renewal is incompetent or otherwise not qualified to hold a license or
permit, may upon written notice of at least 5 days to the person require the
person to submit to an examination as prescribed by the Secretary.
Refusal or neglect of the person to submit an alcohol, drug, or
intoxicating compound evaluation or
submit to or failure to successfully complete the examination is
grounds for suspension of the person's license or permit under
Section 6‑206 of this Act or cancellation of his license or permit under
Section 6‑201 of this Act.
(b) The Secretary of State, having issued a driver's license or
permit in error, may upon written notice of at least 5 days to the person,
require the person to appear at a Driver Services facility to have the
license or permit error corrected and a new license or permit issued.
Refusal or neglect of the person to appear is grounds for cancellation of
the person's license or permit under Section 6‑201 of this Act.
(Source: P.A. 90‑779, eff. 1‑1‑99.)
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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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2. If such person is convicted of committing a | ||
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(A) Section 11‑501 of this Code, or a similar | ||
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(B) Paragraph (b) of Section 11‑401 of this | ||
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(C) Section 9‑3 of the Criminal Code of 1961, as | ||
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||
(D) any combination of the above offenses | ||
|
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then such person may not make application for a license | ||
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3. However, except as provided in subparagraph 4, if | ||
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4. The person may not make application for a license | ||
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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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2. If such person is convicted of committing a | ||
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||
(A) Section 11‑501 of this Code, or a similar | ||
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||
(B) Paragraph (b) of Section 11‑401 of this | ||
|
||
(C) Section 9‑3 of the Criminal Code of 1961, as | ||
|
||
(D) any combination of the above offenses | ||
|
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then such person may not make application for a license | ||
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||
3. However, except as provided in subparagraph 4, if | ||
|
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4. The person may not make application for a license | ||
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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.)
|
(625 ILCS 5/6‑208.1) (from Ch. 95 1/2, par. 6‑208.1)
Sec. 6‑208.1.
Period of statutory summary alcohol, other drug,
or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been rescinded, any
person whose privilege to drive a motor vehicle on the public highways has
been summarily suspended, pursuant to Section 11‑501.1, shall not be
eligible for restoration of the privilege until the expiration of:
1. Six months from the effective date of the | ||
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2. Three months from the effective date of the | ||
|
||
3. Three years from the effective date of the | ||
|
||
4. One year from the effective date of the summary | ||
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(b) Following a statutory summary suspension of the privilege to drive a
motor vehicle under Section 11‑501.1, full driving privileges shall be
restored unless the person is otherwise disqualified by this Code. If
the court has reason to believe that the person's
driving privilege should not be restored, the court shall notify
the Secretary of State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this Code.
(c) Full driving privileges may not be restored until all applicable
reinstatement fees, as provided by this Code, have been paid to the Secretary
of State and the appropriate entry made to the driver's record.
(d) Where a driving privilege has been summarily suspended under Section
11‑501.1 and the person is subsequently convicted of violating Section
11‑501, or a similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension shall be credited toward
the minimum period of revocation of driving privileges imposed pursuant to
Section 6‑205.
(e) Following a statutory summary suspension of driving privileges
pursuant to Section 11‑501.1, for a first offender, the circuit court may,
after at least 30 days from the effective date of the statutory summary
suspension, issue a judicial driving permit as provided in Section 6‑206.1.
(f) Subsequent to an arrest of a first offender, for any offense as
defined in Section 11‑501 or a similar provision of a local ordinance,
following a statutory summary suspension of driving privileges pursuant to
Section 11‑501.1, for a first offender, the circuit court may issue a court
order directing the Secretary of State to issue a judicial driving permit
as provided in Section 6‑206.1. However, this JDP shall not be effective
prior to the 31st day of the statutory summary suspension.
(g) Following a statutory summary suspension of driving privileges
pursuant to Section 11‑501.1 where the person was not a first offender, as
defined in Section 11‑500, the Secretary of State may not issue a
restricted driving permit.
(h) (Blank).
(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑248, eff. 8‑3‑01.)
|
(625 ILCS 5/6‑208.2)
Sec. 6‑208.2.
Restoration of driving privileges; persons under age 21.
(a) Unless the suspension based upon consumption of alcohol by a minor or
refusal to submit to testing has been rescinded by the Secretary of State in
accordance with item (c)(3) of Section 6‑206 of this Code, a person whose
privilege to
drive a motor vehicle on the public highways has been suspended under
Section 11‑501.8 is not eligible for restoration of the privilege until
the expiration of:
1. Six months from the effective date of the | ||
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2. Three months from the effective date of the | ||
|
||
3. Two years from the effective date of the | ||
|
||
4. One year from the effective date of the | ||
|
||
(b) Following a suspension of the privilege to drive a motor vehicle under
Section 11‑501.8, full driving privileges shall be restored unless the person
is otherwise disqualified by this Code.
(c) Full driving privileges may not be restored until all applicable
reinstatement fees, as provided by this Code, have been paid to the Secretary
of State and the appropriate entry made to the driver's
record.
The Secretary of State may also, as a condition of the reissuance of a
driver's license or permit to an individual under the age of 18 years whose
driving privileges have been suspended pursuant to Section 11‑501.8, require
the applicant to participate in a driver remedial education course and be
retested under Section 6‑109.
(d) Where a driving privilege has been suspended under Section 11‑501.8 and
the person is subsequently convicted of violating Section 11‑501, or a
similar provision of a local ordinance, for the same incident, any period
served on that suspension shall be credited toward the minimum period of
revocation of driving privileges imposed under Section 6‑205.
(e) Following a suspension of driving privileges under Section
11‑501.8 for a person who has not had his or her driving privileges previously
suspended under that Section, the Secretary of State may
issue a restricted driving permit
after at least 30 days from the effective date of the suspension.
(f) Following a second or subsequent suspension of driving privileges
under Section 11‑501.8, the Secretary of State may issue a restricted driving
permit
after at least 12 months from the effective date of the suspension.
(g) (Blank).
(h) Any restricted driving permit considered under this Section is
subject to the provisions of item (e) of Section 11‑501.8.
(Source: P.A. 92‑248, eff. 8‑3‑01.)
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(625 ILCS 5/6‑209) (from Ch. 95 1/2, par. 6‑209)
Sec. 6‑209.
Notice of Cancellation, Suspension or
Revocation ‑ Surrender and Return of License.
The Secretary of State upon cancelling, suspending or revoking a
license or permit shall immediately notify the holder thereof in writing
and shall require that such license or permit shall be surrendered to
and retained by the Secretary of State. However, upon payment of the reinstatement
fee set out in subsection (g) of Section 6‑118 at the end of any
period of suspension of a license the licensee, if not ineligible for some
other reason, shall be entitled to reinstatement of driving privileges and the
return of his license if it has not then expired; or, in case it has
expired, to apply for a new license.
(Source: P.A. 81‑462.)
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(625 ILCS 5/6‑210) (from Ch. 95 1/2, par. 6‑210)
Sec. 6‑210.
No operation under foreign license during suspension or
revocation in this State.
Any resident or nonresident whose drivers license or permit or privilege
to operate a motor vehicle in this State has been suspended or revoked as
provided in this Act shall not operate a motor vehicle in this State:
(1) during the period of such suspension, except as | ||
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(2) after such revocation until a license is | ||
|
||
(Source: P.A. 92‑16, eff. 6‑28‑01.)
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(625 ILCS 5/6‑211) (from Ch. 95 1/2, par. 6‑211)
Sec. 6‑211.
Secretary of State to Administer Act‑Notices Required.
(a) The Secretary of State shall administer the provisions of this
Chapter and may make and enforce rules and regulations relating to its
administration.
(b) The Secretary of State shall either provide or prescribe suitable
forms requisite or deemed necessary by him for the purposes of this
Chapter.
(c) Whenever under the provisions of this Chapter the Secretary of State
is required to give notice to any person such notice shall be deemed to
have been served either when personally delivered or when deposited in the
United States mail, in a sealed envelope, with postage prepaid, addressed
to the party affected thereby at his last known residence or place of
business.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑212) (from Ch. 95 1/2, par. 6‑212)
Sec. 6‑212.
Court Review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Secretary of State
hereunder.
(Source: P.A. 82‑783.)
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(625 ILCS 5/Ch. 6 Art. III heading)ARTICLE III.
VIOLATION OF LICENSE PROVISIONS
(625 ILCS 5/6‑301) (from Ch. 95 1/2, par. 6‑301)
Sec. 6‑301.
Unlawful use of license or permit.
(a) It is a violation of this Section for any person:
1. To display or cause to be displayed or have in | ||
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2. To lend his license or permit to any other person | ||
|
||
3. To display or represent as his own any license or | ||
|
||
4. To fail or refuse to surrender to the Secretary | ||
|
||
5. To allow any unlawful use of a license or permit | ||
|
||
6. To submit to an examination or to obtain the | ||
|
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(b) Sentence.
1. Any person convicted of a violation of this | ||
|
||
2. Any person convicted of a second or subsequent | ||
|
||
3. In addition to any other sentence imposed under | ||
|
||
(c) 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.
(d) This Section does not apply to licenses and permits invalidated under
Section 6‑301.3 of this Code.
(Source: P.A. 92‑647, eff. 1‑1‑03; 92‑883, eff. 1‑13‑03.)
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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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2. "False information" means any information | ||
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3. "An unlawfully altered driver's license or permit" | ||
|
||
4. "A document capable of defrauding another" | ||
|
||
5. "An identification document" means any document | ||
|
||
6. "Common carrier" means any public or private | ||
|
||
(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or unlawfully | ||
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||
2. To knowingly possess, display or cause to be | ||
|
||
3. To knowingly possess any fictitious or unlawfully | ||
|
||
4. To knowingly possess any fictitious or unlawfully | ||
|
||
5. To knowingly possess any fictitious or unlawfully | ||
|
||
6. To knowingly possess any fictitious or unlawfully | ||
|
||
7. To knowingly issue or assist in the issuance of | ||
|
||
8. To knowingly alter or attempt to alter any | ||
|
||
9. To knowingly manufacture, possess, transfer or | ||
|
||
10. To knowingly use any fictitious or unlawfully | ||
|
||
11. To knowingly possess any fictitious or unlawfully | ||
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||
(c) Sentence.
1. Any person convicted of a violation of paragraph 1 | ||
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2. Any person convicted of a violation of paragraph 3 | ||
|
||
3. Any person convicted of a violation of any of | ||
|
||
(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 | ||
|
||
3. To knowingly possess any fraudulent driver's | ||
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||
4. To knowingly possess any fraudulent driver's | ||
|
||
5. To knowingly possess any fraudulent driver's | ||
|
||
6. To knowingly possess any fraudulent driver's | ||
|
||
7. To knowingly possess without authority any | ||
|
||
8. To knowingly possess any stolen driver's | ||
|
||
9. To knowingly duplicate, manufacture, sell or | ||
|
||
10. To advertise or distribute any information or | ||
|
||
11. To knowingly use any fraudulent driver's license | ||
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||
12. To knowingly possess any fraudulent driver's | ||
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||
(b‑1) It is a violation of this Section for any person to | ||
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(c) Sentence.
1. Any person convicted of a violation of paragraph | ||
|
||
2. Any person convicted of a violation of any of | ||
|
||
3. Any person convicted of a violation of paragraph | ||
|
||
(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 5/6‑301.3)
Sec. 6‑301.3.
Invalidation of a driver's license or permit.
(a) The Secretary of State may invalidate a driver's license or permit:
(1) when the holder voluntarily surrenders the | ||
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(2) when the Secretary receives a certified court | ||
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(3) upon the death of the holder; or
(4) as the Secretary deems appropriate by | ||
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(b) A driver's license or permit invalidated under this Section shall
nullify the holder's driving privileges. If a license is invalidated under
subdivision (a)(3) of this Section, the actual
license
or permit may be released to a relative
of the decedent; provided, the actual license or permit bears a readily
identifiable designation evidencing invalidation as prescribed by the
Secretary.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(625 ILCS 5/6‑302) (from Ch. 95 1/2, par. 6‑302)
Sec. 6‑302.
Making false application or affidavit ‑ Perjury.
(a) It is a violation of this Section for any person:
1. To display or present any document for the | ||
|
||
2. To accept or allow to be accepted any document | ||
|
||
3. To knowingly make any false affidavit or swear | ||
|
||
(b) Sentence.
1. Any person convicted of a violation of this | ||
|
||
2. Any person convicted of a second or subsequent | ||
|
||
(c) 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. 86‑503.)
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(625 ILCS 5/6‑303)(from Ch. 95 1/2, par. 6‑303)
Sec. 6‑303. Driving while driver's license, permit or privilege to
operate a motor vehicle is suspended or revoked.
(a) Any person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such person's driver's
license, permit or privilege to do so or the privilege to obtain a driver's
license or permit is revoked or suspended as provided by this Code or the law
of another state, except as may be specifically allowed by a judicial driving
permit, family financial responsibility driving permit, probationary
license to drive, or a restricted driving permit issued pursuant to this Code
or under the law of another state, shall be guilty of a Class A misdemeanor.
(b) The Secretary of State upon receiving a report of the conviction
of any violation indicating a person was operating a motor vehicle during
the time when said person's driver's license, permit or privilege was
suspended by the Secretary, by the appropriate authority of another state,
or pursuant to Section 11‑501.1; except as may
be specifically allowed by a probationary license to drive, judicial
driving permit or restricted driving permit issued pursuant to this Code or
the law of another state;
shall extend the suspension for the same period of time as the originally
imposed suspension; however, if the period of suspension has then expired,
the Secretary shall be authorized to suspend said person's driving
privileges for the same period of time as the originally imposed
suspension; and if the conviction was upon a charge which indicated that a
vehicle was operated during the time when the person's driver's license,
permit or privilege was revoked; except as may be allowed by a restricted
driving permit issued pursuant to this Code or the law of another state;
the Secretary shall not issue
a driver's license for an additional period of one year from the date of
such conviction indicating such person was operating a vehicle during such
period of revocation.
(c) Any person convicted of violating this Section shall serve a minimum
term of imprisonment of 10 consecutive days or 30
days of community service
when the person's driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11‑501 of this Code or a
|
||
(2) a violation of paragraph (b) of Section 11‑401 | ||
|
||
(3) a violation of Section 9‑3 of the Criminal Code | ||
|
||
(4) a statutory summary suspension under Section | ||
|
||
Such sentence of imprisonment or community service shall not be subject
to suspension in order to reduce such sentence.
(c‑1) Except as provided in subsection (d), any person convicted of a
second violation of this Section shall be ordered by the court to serve a
minimum
of 100 hours of community service.
(c‑2) In addition to other penalties imposed under this Section, the
court may impose on any person convicted a fourth time of violating this
Section any of
the following:
(1) Seizure of the license plates of the person's | ||
|
||
(2) Immobilization of the person's vehicle for a | ||
|
||
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court, if the
revocation or
suspension was for a violation of Section 11‑401 or 11‑501 of this Code,
or a similar out‑of‑state offense, or a similar provision of a local
ordinance, a violation of Section 9‑3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out‑of‑state offense, or a
statutory summary suspension under Section 11‑501.1 of this Code.
(d‑1) Except as provided in subsection (d‑2) and subsection (d‑3), any
person convicted of
a third or subsequent violation of this Section shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court.
(d‑2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 30 days if the revocation or
suspension was for a violation of Section 11‑401 or 11‑501 of this Code,
or a similar out‑of‑state offense, or a similar provision of a local
ordinance, a violation of Section 9‑3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out‑of‑state offense, or a
statutory summary suspension under Section 11‑501.1 of this Code.
(d‑3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days if the revocation or suspension was for a
violation of Section 11‑401 or 11‑501 of this Code, or a similar out‑of‑state
offense, or a similar provision of a local ordinance, a violation of
Section 9‑3 of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar out‑of‑state offense, or a statutory
summary suspension under Section 11‑501.1 of this Code.
(d‑4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11‑401 or 11‑501 of this Code, or a similar out‑of‑state offense, or a similar provision of a local ordinance, a violation of Section 9‑3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out‑of‑state offense, or a statutory summary suspension under Section 11‑501.1 of this Code. (d‑5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11‑401 or 11‑501 of this Code, or a similar out‑of‑state offense, or a similar provision of a local ordinance, a violation of Section 9‑3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out‑of‑state offense, or a statutory summary suspension under Section 11‑501.1 of this Code.
(e) Any person in violation of this Section who is also in violation of
Section 7‑601 of this Code relating to mandatory insurance requirements, in
addition to other penalties imposed under this Section, shall have his or her
motor vehicle immediately impounded by the arresting law enforcement officer.
The motor vehicle may be released to any licensed driver upon a showing of
proof of insurance for the vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified copy of the
driving abstract of the defendant shall be admitted as proof of any prior
conviction.
(g) The motor vehicle used in a violation of this Section is subject
to seizure and forfeiture as provided in Sections 36‑1 and 36‑2 of the
Criminal Code of 1961 if the person's driving privilege was revoked
or suspended as a result of a violation listed in paragraph (1), (2), or
(3) of subsection (c) of this Section or as a result of a summary
suspension as provided in paragraph (4) of subsection (c) of this
Section.
(Source: P.A. 94‑112, eff. 1‑1‑06.)
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(625 ILCS 5/6‑304) (from Ch. 95 1/2, par. 6‑304)
Sec. 6‑304.
Permitting unauthorized person to drive.
No person shall cause, authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any highway by any
person who is not authorized hereunder or in violation of any of the
provisions of this Act.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑304.1) (from Ch. 95 1/2, par. 6‑304.1)
Sec. 6‑304.1.
Permitting a driver under the influence to operate a motor
vehicle. No person shall knowingly cause, authorize, or permit a motor vehicle
owned by, or under the control of, such person to be driven or operated upon
a highway by anyone who is under the influence of alcohol, other drugs, or
combination thereof. This provision shall not apply to a spouse of the
person who owns or has control of, or a co‑owner of, a motor vehicle or to
a bailee for hire.
Any person convicted of violating this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 84‑1394.)
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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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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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(2) Clearly and conspicuously disclose in any print | ||
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(3) Clearly and conspicuously disclose the existence | ||
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(4) Clearly and conspicuously display the charge in | ||
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(5) Clearly and conspicuously disclose and | ||
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(6) A rental car company that collects from its | ||
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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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(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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(2) "Business program" means: (A) a contract between a person who rents motor | ||
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(B) a plan, program, or other arrangement | ||
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(3) "Business program sponsor" means any legal | ||
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(4) "Business renter" means, for any business | ||
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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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(C) an individual whose car rental is eligible | ||
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(D) an individual whose car rental is eligible | ||
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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 5/6‑305.1) (from Ch. 95 1/2, par. 6‑305.1)
Sec. 6‑305.1.
Unlawful subleasing of a motor vehicle.
(a) It is unlawful for any person who is not a party to a lease
contract, conditional sale contract, or security agreement which transfers
any right or interest in a motor vehicle to:
(1) obtain or exercise control over a motor vehicle and then sell,
transfer, assign, or lease the motor vehicle to another person without
first obtaining written authorization from the secured creditor, lessor, or
lienholder for the sale, transfer, assignment, or lease if he receives
compensation or other consideration for the sale, transfer, assignment, or
lease of the motor vehicle; or
(2) assist, cause, or arrange the actual or purported sale, transfer,
assignment, or lease of a motor vehicle to another person without first
obtaining written authorization
from the secured creditor, lessor, or lienholder for the sale, transfer,
assignment, or lease if he receives compensation or other consideration for
assisting, causing, or arranging the sale, transfer, assignment, or lease
of the motor vehicle.
(3) this subsection shall not apply to any employee acting upon request of
his employer.
(b) Any person who violates the provisions of this Section is guilty of
a Class A misdemeanor.
(c) Notwithstanding any other remedy or relief to which a person is
entitled, anyone suffering damage as a result of a violation of this
Section may bring an action to recover or obtain actual damages, equitable
relief, including, but not limited to, an injunction or restitution of
money and property, reasonable attorney's fees and costs,
and any other relief the court deems proper.
(Source: P.A. 86‑748.)
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(625 ILCS 5/6‑305.2)
Sec. 6‑305.2.
Limited liability for damage.
(a) Damage to private
passenger vehicle. A person who rents a motor vehicle to another may hold
the renter liable to the extent permitted under subsections (b) through (d) for
physical or mechanical damage to the rented motor vehicle that occurs during
the time the motor vehicle is under the rental agreement.
(b) Limits on liability. The total liability of a renter under subsection
(a) for damage to a motor vehicle may not exceed all of the following:
(1) The lesser of:
(A) Actual and reasonable costs that the person | ||
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(B) The fair market value of that motor vehicle | ||
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(2) Actual and reasonable costs incurred by the loss | ||
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For purposes of this subsection (b), for the period prior to June 1, 1998,
the
maximum amount that may be recovered from an authorized driver shall not exceed
$6,000; for the period beginning June 1, 1998 through May 31, 1999, the maximum
recovery shall not exceed $7,500; and for the period beginning June 1, 1999
through May 31, 2000, the maximum recovery shall not exceed $9,000. Beginning
June
1, 2000,
and annually each June 1 thereafter, the maximum amount that may be recovered
from an authorized driver shall be increased by $500 above the maximum recovery
allowed immediately prior to June 1 of that year.
(c) Multiple recoveries prohibited. Any person who rents a motor
vehicle to another may not hold the renter liable for any amounts that the
rental company recovers from any other party.
(d) Repair estimates. A person who rents a motor vehicle to another may
not collect or attempt to collect the amount described in subsection (b) unless
the rental company obtains an estimate from a repair company or an appraiser in
the business of providing such appraisals on the costs of repairing the motor
vehicle, makes a copy of the estimate available upon request to the renter who
may be liable under subsection (a), or the insurer of the renter, and submits a
copy of the estimate with any claim to collect the amount described in
subsection (b).
(e) Duty to mitigate. A claim against a renter resulting from damage or
loss to a rental vehicle must be reasonably and rationally related to the
actual loss incurred. A rental company shall mitigate damages where possible
and shall not assert or collect any claim for physical damage which exceeds the
actual costs of the repair, including all discounts or price reductions.
(f) No rental company shall require a deposit or an advance charge
against
the credit card of a renter, in any form, for damages to a vehicle which is in
the renter's possession, custody, or control. No rental company shall require
any payment for damage to the rental vehicle, upon the renter's return of the
vehicle in a
damaged condition, until after the cost of the damage to the vehicle and
liability therefor is agreed to between the rental company and renter or is
determined pursuant to law.
(g) If insurance coverage exists under the renter's personal insurance
policy and the coverage is confirmed during regular business hours, the renter
may require that the rental
company must submit any claims to the renter's personal insurance carrier as
the renter's agent. The rental company shall not make any written or oral
representations that it will not present claims or negotiate with the renter's
insurance carrier. For purposes of this Section, confirmation of coverage
includes telephone confirmation from insurance company representatives during
regular business hours. After
confirmation of coverage, the amount of claim shall be resolved between the
insurance carrier and the rental company.
(Source: P.A. 90‑113, eff. 7‑14‑97.)
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(625 ILCS 5/6‑306.3) (from Ch. 95 1/2, par. 6‑306.3)
Sec. 6‑306.3.
License as bail.
(a) Except as provided in Section 6‑306.4 of this Code, any person arrested
and charged with violation of Section 3‑701, 3‑707, or 3‑710, or of any
violation of Chapters 11 or 12 of this Code, except the provisions of Sections
3‑708, 11‑401, 11‑501, 11‑503 or 11‑504 of this Code shall have the option of
depositing his valid driver's license issued under this Code with the officer
demanding bail in lieu of any other security for his appearance in court in
answer to any such charge.
(b) However, a uniform bail schedule and regulations adopted pursuant to
Supreme Court Rule or Order may require that a driver's license issued
under this Code must be deposited, in addition to appropriate cash deposit,
where persons arrested and charged with violating Sections 3‑708, 11‑401,
11‑501, 11‑503 or 11‑504 of this Code elect to take advantage of the uniform
schedule establishing the amount of bail in such cases.
(c) When a license is deposited as security in lieu of or in addition to
bail, the judge, court clerk, or other official accepting such deposit
shall issue to the licensee a receipt for such license upon a form approved
or provided by the Secretary of State.
(d) If the licensee whose license has been deposited as security for
bail does not appear in court in compliance with the time and place for
hearing as notified in such receipt, or the continued date thereof, if any
has been ordered by the court, the court shall continue the case for a
minimum of 30 days and require a notice of the continued court date be sent
to the licensee at his last known address. The clerk of such court shall
notify the licensee of the court's order. If the licensee does not appear
in and surrender on the continued court date, or within such period,
satisfy the court that his appearance in and surrender to the court is
impossible and without any fault on his part, the court shall enter an
order of failure to appear to answer such charge after depositing license
in lieu of bail. The clerk of such court shall notify the Secretary of
State of the court's order.
The Secretary of State, when notified by the clerk of such court that an
order of failure to appear to answer such charge after depositing license
in lieu of bail has been entered, shall immediately suspend the driver's
license of such licensee without a hearing and shall not remove such
suspension, nor issue any hardship license or privilege to such licensee
thereafter until notified by such court that the licensee has appeared and
answered the charges placed against him.
(e) 1. Any Illinois resident who has executed a written promise to
comply with Section 6‑306.2 of this Code, in effect until July 28, 1986,
shall continue to be suspended until he or she complies with the terms and
conditions of the written promise.
2. The Secretary of State, when notified by the clerk of such court that
an order of failure to appear to answer a charge after promising to appear
has been entered, shall immediately suspend the driver's license of such
licensee without a hearing and shall not remove such suspension, nor issue a
hardship license or privilege to such licensee thereafter until notified by
such court that the licensee has appeared and answered the charges placed
against him.
(Source: P.A. 88‑315; 88‑415; 88‑670, eff. 12‑2‑94.)
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(625 ILCS 5/6‑306.4) (from Ch. 95 1/2, par. 6‑306.4)
Sec. 6‑306.4.
Procedures for residents of other states.
(a) Except as
provided in paragraph (b) of this Section, any resident of another state
which is a member of the Nonresident Violator Compact of 1977, who is cited
by a police officer for violating a traffic law or ordinance, shall have
the option of (1) being taken without unnecessary delay before a court of
jurisdiction or (2) executing a written promise to comply with the terms of
the citation by signing at least one copy of a Uniform Traffic Ticket
prepared by the police officer. The police officer may refuse to permit a
nonresident violator to execute a written promise to comply with the terms
of the citation if the nonresident violator cannot furnish satisfactory
evidence of identity or if the officer has probable cause to believe the
nonresident violator cited will disregard the written promise to comply
with the citation.
If the person cited is a resident of another State which is not a member
of the Nonresident Violator Compact of 1977, then the rules established by
the Supreme Court for bail bond and appearance procedures apply.
(b) Any person cited for violating the following provisions of this Code or
a similar provision of local ordinances shall be governed by the bail
provisions of the Illinois Supreme Court Rules when it is not practical or
feasible to take the person before a judge to have bail set or to avoid
undue delay because of the hour or circumstances: Section 3‑101, Section
3‑702, Sections 3‑707, 3‑708 or 3‑710, Chapter 4, Chapter 5, Section
6‑101, Section 6‑104, Section 6‑113,
Section 6‑301, Section 6‑303, Section 8‑115, Section 11‑204, Section
11‑310, Section 11‑311, Section 11‑312, Section 11‑401, Section 11‑402,
Section 11‑403, Section 11‑404, Section 11‑409, Section 11‑501, Section
11‑503, Section 11‑504, Section 11‑601, when more than 30 m.p.h. over the
posted limit, Section 11‑1006, Section 11‑1414, Section 15‑102, Section
15‑103, Section 15‑107, Section 15‑111, paragraph (f) of Section 15‑112 or
paragraph (j) of Section 15‑301.
(c) If the person fails to comply with the executed written promise to
comply with the original terms of the citation as indicated in paragraph
(a) of this Section, the court shall continue the case for a minimum of 30
days and require that a notice of the continued court date be sent to the
last known address of such person. If the person does not appear or
otherwise satisfy the court on or before the continued court date, the
court shall enter an order of failure to appear to answer such charge. The
clerk of such court shall notify the Secretary of State of the court's
order within 21 days.
(d) Upon receiving such notice, the Secretary of State shall comply
with the provisions of Section 6‑803 of this Code.
(Source: P.A. 86‑149.)
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(625 ILCS 5/6‑306.5)(from Ch. 95 1/2, par. 6‑306.5)
Sec. 6‑306.5. Failure to pay fine or penalty for standing, parking,
compliance, or automated traffic law violations; suspension of driving privileges.
(a) Upon receipt of
a certified report,
as prescribed by subsection (c) of
this Section, from
any municipality stating that the owner of a registered vehicle has: (1) failed
to pay any fine or penalty due and owing as a result of 10 or more violations
of a
municipality's vehicular standing, parking, or compliance
regulations established by
ordinance pursuant to Section 11‑208.3 of this Code, or (2) failed to pay any
fine or penalty due and owing as a result of 5 offenses for automated traffic
violations as defined in
Section 11‑208.6, the Secretary of State
shall suspend the driving privileges of such person in accordance with the
procedures set forth in this Section.
The Secretary shall also suspend the driving privileges of an owner of a
registered vehicle upon receipt of a certified report, as prescribed by
subsection (f) of this Section, from any municipality stating that such
person has failed to satisfy any fines or penalties imposed by final judgments
for 5 or more automated traffic law violations or 10 or more violations of local standing, parking, or
compliance regulations after
exhaustion of judicial review procedures.
(b) Following receipt of the certified report of the municipality as
specified in this Section, the Secretary of State shall notify the person
whose name appears on the certified report that
the person's
drivers license will be suspended at the end of a specified period of time
unless the Secretary of State is presented with a notice from the
municipality certifying that the fine or penalty due
and owing the municipality has been paid 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 municipality'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 of the appropriate municipal official notifying the
Secretary of State of unpaid fines or penalties pursuant to this Section
shall be certified and shall contain the following:
(1) The name, last known address as recorded with
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(2) The name of the municipality making the report | ||
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(3) A statement that the municipality sent a notice | ||
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(d) Any municipality making a certified report to the Secretary of State
pursuant to this Section
shall notify the Secretary of State, in a form prescribed by the
Secretary, whenever a person named in the certified report has paid the
previously reported fine or penalty or whenever the municipality determines
that the original report was in error. A certified copy of such
notification shall also be given upon request and at no additional charge
to the person named therein. Upon receipt of the municipality's
notification or presentation of a certified copy of such notification, the
Secretary of State shall terminate the suspension.
(e) Any municipality making a certified report to the Secretary of State
pursuant to this Section
shall also by ordinance establish procedures for persons to
challenge the accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to (1) the
person not having been the owner or lessee of the vehicle or vehicles
receiving 10 or more standing, parking, or compliance
violation notices or 5 or more automated traffic law violations on the date or dates such notices were issued; and (2) the
person
having already paid the fine or penalty for the 10 or more standing, parking, or compliance violations or 5 or more automated traffic law violations
indicated on the certified report.
(f) Any municipality, other than a municipality establishing vehicular
standing, parking, and compliance regulations pursuant to
Section 11‑208.3 or automated traffic law regulations under Section 11‑208.6, may also
cause a suspension of a person's drivers license pursuant to this Section.
Such municipality may invoke this sanction by making a certified report to
the Secretary of State upon a person's failure to satisfy any fine or
penalty imposed by final judgment for 10 or more violations of local
standing, parking, or compliance regulations or 5 or more automated traffic law violations after exhaustion
of judicial review
procedures, but only if:
(1) the municipality complies with the provisions of | ||
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(2) the municipality has sent a notice of impending | ||
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(3) in municipalities with a population of 1,000,000 | ||
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(g) Any municipality, other than a municipality establishing
standing, parking, and compliance regulations pursuant to
Section 11‑208.3 or automated traffic law regulations under Section 11‑208.6, may provide by
ordinance for the sending of a notice of impending
drivers license suspension to the person who has failed to satisfy any fine
or penalty imposed by final judgment for 10 or more violations of local
standing, parking, or compliance regulations or 5 or more automated traffic law violations after exhaustion
of
judicial review
procedures. An ordinance so providing shall specify that the notice
sent to the person liable for any fine or penalty
shall state that failure to pay the fine or
penalty owing within 45 days of the notice's date will result in the
municipality notifying the Secretary of State that
the person's drivers license is eligible for suspension pursuant to this
Section.
The notice of impending drivers license suspension
shall be sent by first class United States mail, postage prepaid, to the
address
recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice sent under Section 11‑208.3 of this Code is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
(h) An administrative hearing to contest an impending suspension or a
suspension made pursuant to this Section may be had upon filing a written
request with the Secretary of State. The filing fee for this hearing shall
be $20, to be paid at the time the request is made.
A municipality which files a certified report with the Secretary of
State pursuant to this Section shall reimburse the Secretary for all
reasonable costs incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the 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 such a hearing.
(i) The provisions of this Section shall apply on and after January 1, 1988.
(j) For purposes of this Section, the term "compliance violation" is
defined as in Section 11‑208.3.
(Source: P.A. 94‑294, eff. 1‑1‑06; 94‑795, eff. 5‑22‑06.)
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(625 ILCS 5/6‑306.6)(from Ch. 95 1/2, par. 6‑306.6)
Sec. 6‑306.6. Failure to pay traffic fines, penalties, or court costs.
(a) Whenever any resident of this State fails to pay any traffic fine,
penalty,
or cost imposed for a violation of this Code, or similar provision of
local ordinance, the clerk may notify the Secretary of State, on
a report
prescribed by the Secretary, and the Secretary shall prohibit the renewal,
reissue or reinstatement of such resident's driving privileges until such
fine, penalty, or cost has been paid in full. The clerk
shall provide notice to
the driver, at the driver's last known address as shown on the court's
records, stating that such action
will be effective on the 46th day following the date of the above notice if
payment is not received in full by the court of venue.
(a‑1) Whenever any resident of this State who has made a partial payment on any traffic fine, penalty, or cost that was imposed under a conviction entered on or after the effective date of this amendatory Act of the 93rd General Assembly, for a violation of this Code or a similar provision of a local ordinance, fails to pay the remainder of the outstanding fine, penalty, or cost within the time limit set by the court, the clerk may notify the Secretary of State, on a report prescribed by the Secretary, and the Secretary shall prohibit the renewal, reissue, or reinstatement of the resident's driving privileges until the fine, penalty, or cost has been paid in full. The clerk shall provide notice to the driver, at the driver's last known address as shown on the court's records, stating that the action will be effective on the 46th day following the date of the notice if payment is not received in full by the court of venue.
(b) Except as provided in subsection (b‑1), following receipt of the report from the clerk, the
Secretary of
State shall make the proper notation to the driver's file to prohibit the
renewal, reissue or reinstatement of such driver's driving privileges.
Except as provided in paragraph (2) of subsection (d) of this Section, such
notation shall not be removed from the driver's record until the
driver satisfies the outstanding fine, penalty, or cost and an
appropriate notice on
a form prescribed by the Secretary is received by the Secretary from the
court of venue, stating that such fine, penalty, or cost has been paid
in full.
Upon payment in full of a traffic fine, penalty, or court cost which has
previously been reported under this Section as unpaid, the clerk of the
court shall present the driver with a signed receipt containing the seal of
the court indicating that such fine, penalty, or cost has been paid in
full, and
shall forward forthwith to the Secretary of State a notice stating that the
fine, penalty, or cost has been paid in full.
(b‑1) In a county with a population of 3,000,000 or more, following receipt of the report from the clerk, the
Secretary of
State shall make the proper notation to the driver's file to prohibit the
renewal, reissue or reinstatement of such driver's driving privileges.
Such notation shall not be removed from the driver's record until the
driver satisfies the outstanding fine, penalty, or cost and an
appropriate notice on
a form prescribed by the Secretary is received by the Secretary directly from the
court of venue, stating that such fine, penalty, or cost has been paid
in full.
Upon payment in full of a traffic fine, penalty, or court cost which has
previously been reported under this Section as unpaid, the clerk of the
court shall forward forthwith directly to the Secretary of State a notice stating that the
fine, penalty, or cost has been paid in full and shall provide the driver with a signed receipt containing the seal of the court, indicating that the fine, penalty, and cost have been paid in full. The receipt may not be used by the driver to clear the driver's record.
(c) The provisions of this Section shall be limited to a single action
per arrest and as a post conviction measure only. Fines, penalty, or
costs to be
collected subsequent to orders of court supervision, or other available
court diversions are not applicable to this Section.
(d) (1) Notwithstanding the receipt of a report from the clerk
as
prescribed in subsection (a), nothing in this Section is intended to place
any responsibility upon the Secretary of State to provide independent
notice to the driver of any potential action to disallow the renewal,
reissue or reinstatement of such driver's driving privileges.
(2) Except as provided in subsection (b‑1), the
Secretary of State shall renew, reissue or reinstate a
driver's driving privileges which were previously refused pursuant to this
Section upon presentation of an original receipt which is signed by the
clerk of the court and contains the seal of the court indicating that the
fine, penalty, or cost has been paid in full. The Secretary of State
shall retain
such receipt for his records.
(Source: P.A. 93‑788, eff. 1‑1‑05; 94‑618, eff. 1‑1‑06.)
(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
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(2) A statement that the Authority sent a notice of | ||
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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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(2) the person having already satisfied the fines or | ||
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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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(2) A statement that the Authority sent a notice of | ||
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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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(2) the person having already satisfied the fines or | ||
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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.)
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(625 ILCS 5/6‑307) (from Ch. 95 1/2, par. 6‑307)
Sec. 6‑307.
Injunctions.
If any person operates in violation of any provision
of this Chapter, or any rule, regulation, order or decision of the Secretary
of State, or of any term, condition or limitation of any license, the Secretary
of State, or any person injured thereby, or any interested person, may apply
to the Circuit Court of the county in which such violation
or some part thereof occurred, or in which the person complained of has
his place of business or resides, to prevent such violation. The Court
has jurisdiction to enforce obedience by injunction or other process restraining
such person from further violation and enjoining upon him obedience.
(Source: P.A. 81‑306.)
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(625 ILCS 5/Ch. 6 Art. IV heading)ARTICLE IV.
COMMERCIAL DRIVER TRAINING SCHOOLS
(625 ILCS 5/6‑401) (from Ch. 95 1/2, par. 6‑401)
Sec. 6‑401.
Driver training schools‑license required.
No person, firm,
association, partnership or corporation shall operate a
driver training school or engage in the business of giving instruction for
hire or for a fee in the driving of motor vehicles or in the preparation of
an applicant for examination given by the Secretary of State for a drivers
license or permit, unless a license therefor has been issued by the
Secretary.
No public schools or educational institutions shall contract with entities
engaged in the business of giving instruction for hire or for a fee in the
driving
of motor vehicles or in the preparation of an applicant for examination given
by the Secretary of State for a driver's license or permit, unless a license
therefor has been issued by the Secretary.
This Section shall not apply to public schools or to educational
institutions in which driving instruction is part of the curriculum or to
employers giving instruction to their employees.
(Source: P.A. 93‑408, eff. 1‑1‑04.)
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(625 ILCS 5/6‑402) (from Ch. 95 1/2, par. 6‑402)
Sec. 6‑402.
Qualifications of driver training schools.
In order to
qualify for a license to operate a driver training school, each applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open | ||
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(d) maintain bodily injury and property damage | ||
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(e) provide a continuous surety company bond in the | ||
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(f) have the equipment necessary to the giving of | ||
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(g) have and use a business telephone listing for | ||
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(h) pay to the Secretary of State an application fee | ||
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(i) authorize an investigation to include a | ||
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No license shall be issued under this Section to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or aunt,
nephew or niece, cousin, or in‑law of the person whose license to do
business at that location has been revoked or denied or to a person who was
an officer or employee of a business firm that has had its license revoked
or denied, unless the Secretary of State is satisfied the application was
submitted in good faith and not for the purpose or effect of defeating the
intent of this Code.
(Source: P.A. 93‑408, eff. 1‑1‑04.)
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(625 ILCS 5/6‑403) (from Ch. 95 1/2, par. 6‑403)
Sec. 6‑403.
Established Place of Business.
The established place of business of each driver training school must be
owned or leased by the driver training school and regularly occupied and
primarily used by that driver training school for the business of selling
and giving driving instructions for hire or for a fee, and the business of
preparing members of the public for examination given by the Secretary of
State for a drivers license.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑404) (from Ch. 95 1/2, par. 6‑404)
Sec. 6‑404.
Location of Schools.
The established place of business of each driver training school must be
located in a district which is zoned for business or commercial purposes.
The driver training school office must have a permanent sign clearly
readable from the street, from a distance of no less than 100 feet, with
the name of the driving school upon it.
(Source: P. A. 76‑1753.)
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(625 ILCS 5/6‑405) (from Ch. 95 1/2, par. 6‑405)
Sec. 6‑405.
Restrictions of Locations.
The established place of business, or branch office, branch class room
or advertised address of any driver training school shall not consist of or
include a house trailer, residence, tent, temporary stand, temporary
address, office space, a room or rooms in a hotel, rooming house or
apartment house, or premises occupied by a single or multiple unit dwelling
house or telephone answering service.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑406) (from Ch. 95 1/2, par. 6‑406)
Sec. 6‑406.
Required Facilities.
(a) The established place of business of each driver training school
must consist of at least the following permanent facilities:
(1) An office facility;
(2) A class room facility.
(b) The main class room facility of each driver training school must be
reasonably accessible to the main office facility of the driver training
school.
(c) All class room facilities must have adequate lighting, heating,
ventilation, and must comply with all state, and local laws relating to
public health, safety and sanitation.
(d) The main office facility and branch office facility of each driver
training school must contain sufficient space, equipment, records and
personnel to carry on the business of the driver training school. The main
office facility must be specifically devoted to driver training school
business.
(e) A driver training school which as an established place of business
and a main office facility, may operate a branch office or a branch class
room provided that all the requirements for the main office or main class
room are met and that such branch office bears the same name and is
operated as a part of the same business entity as the main office facility.
(f) No driver training school may share any main or branch facility or
facilities with any other driver training school.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑407) (from Ch. 95 1/2, par. 6‑407)
Sec. 6‑407.
Locations and State Facilities.
No office or place of business of a driver training school shall be
established within 1,500 feet of any building used as an office by any
department of the Secretary of State having to do with the administration
of any laws relating to motor vehicles, nor may any driving school solicit
or advertise for business within 1,500 feet of any building used as an
office by the Secretary of State having to do with the administration of
any laws relating to motor vehicles.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑408) (from Ch. 95 1/2, par. 6‑408)
Sec. 6‑408.
Records.
All driver training schools licensed by the Secretary of State must
maintain a permanent record of instructions given to each student. The
record must contain the name of the school and the name of the student, the
number of all licenses or permits held by the student, the type and date of
instruction given, whether class room or behind the wheel, and the
signature of the instructor.
All permanent student instruction records must be kept on file in the
main office of each driver training school for a period of 3 calendar years
after the student has ceased taking instruction at or with the school.
The records should show the fees and charges of the school and also the
record should show the course content and instructions given to each
student.
(Source: P. A. 76‑1754.)
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(625 ILCS 5/6‑408.5)
Sec. 6‑408.5.
Courses for students or high school dropouts; limitation.
(a) No driver training school
or driving training instructor licensed under this Act may request a
certificate of completion from the Secretary of State as provided in Section
6‑411 for any person who is enrolled as a
student in any public or non‑public secondary school at the time such
instruction is to be provided, or who was so enrolled during the semester last
ended if that instruction is to be provided between semesters or during the
summer after the regular school term ends, unless that student has received a
passing grade in at least 8 courses during the 2 semesters last ending prior to
requesting a certificate of completion from the Secretary of State for the
student.
(b) No driver training school or driving training instructor licensed under
this Act may request a certificate of completion from the Secretary of State as
provided in Section 6‑411 for any person who has dropped out of school and has
not yet attained the age of 18 years unless the driver training school or
driving training instructor has: 1) obtained written documentation verifying
the
dropout's enrollment in a GED or alternative education program or has obtained
a copy of the dropout's GED certificate; 2) obtained verification that the
student prior to dropping out had received a passing grade in at least 8
courses during the 2 previous
semesters last ending prior to requesting a certificate of completion; or 3)
obtained written consent from the dropout's parents or guardians and the
regional superintendent.
(c) Students shall be informed of the
eligibility requirements of this Act
in writing at the time of registration.
(d) The superintendent of schools of the
school district in which the student resides and attends school or in which
the student resides at the time he or she drops out of school (with respect
to a public high school student or a dropout from the public high school)
or the chief school administrator (with
respect to a student who attends a non‑public high school or a dropout from a
non‑public high school) may waive the requirements of this Section if the superintendent
or chief school administrator, as the case
may be, deems it to be in the best interests of the student or dropout.
Before requesting a certificate of completion from the Secretary of State
for any person who is enrolled
as
a student in any public or non‑public secondary school or who was so enrolled
in the semester last ending prior to the request for a certificate of
completion from the Secretary of State or who is of high school age, the driver
training school shall
determine from the school district in which that person resides or resided at
the time of dropping out of school, or from the
chief administrator of the non‑public high school attended or last
attended by such person, as
the case may be, that such person is not ineligible to receive a certificate
of completion under this Section.
(Source: P.A. 93‑408, eff. 1‑1‑04.)
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(625 ILCS 5/6‑409) (from Ch. 95 1/2, par. 6‑409)
Sec. 6‑409.
Display of License.
Each driver training school must display at a prominent place in its
main office all of the following:
(a) The State license issued to the school;
(b) The names and addresses and State instructors licenses of all
instructors employed by the school;
(c) The address of all branch offices and branch class rooms.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑410) (from Ch. 95 1/2, par. 6‑410)
Sec. 6‑410.
Vehicle inspections.
The Department of Transportation shall
provide for the inspection of all motor vehicles used for driver training,
and shall issue a safety inspection sticker provided:
(a) The motor vehicle has been inspected by the Department and found to
be in safe mechanical condition;
(b) The motor vehicle is equipped with dual control brakes and a
mirror on each side of the motor vehicle so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the
rear of such motor vehicle; and
(c) The motor vehicle is equipped with a sign or signs visible from the
front and the rear in letters no less than 2 inches tall, listing the full
name of the driver training school which has registered and insured the
motor vehicle.
(Source: P.A. 85‑951.)
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(625 ILCS 5/6‑411) (from Ch. 95 1/2, par. 6‑411)
(Text of Section from P.A. 93‑408)
Sec. 6‑411.
Qualifications of Driver Training Instructors.
In order to
qualify for a license as an instructor for a driving school, an applicant must:
(a) Be of good moral character;
(b) Authorize an investigation to include a fingerprint based background
check to determine if the applicant has ever
been convicted of a crime and if so, the disposition of those convictions;
this authorization shall indicate the scope of the inquiry and the agencies
which may be contacted. Upon this authorization the Secretary of State
may request and receive information and assistance from any federal, state
or local governmental agency as part of the authorized investigation.
Each applicant shall have his or her fingerprints submitted 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 Department of State
Police and Federal Bureau of Investigation criminal history record information
databases. The Department of State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check. The applicant shall be required to pay all related
fingerprint fees 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.
The
Department of State Police shall provide information concerning any criminal
convictions, and their disposition, brought against the applicant upon request
of the Secretary of State when the request is made in the form and manner
required by the Department of State Police. Unless otherwise prohibited by
law, the information derived
from this investigation including the source of this information, and any
conclusions or recommendations derived from this information by the Secretary
of State shall be provided to the applicant, or his designee, upon request
to the Secretary of State, prior to any final action by the
Secretary of State on the application. Any criminal
convictions and their disposition information obtained by the Secretary
of State shall be confidential and may not be transmitted outside the Office
of the Secretary of State, except as required herein, and may not be
transmitted to anyone within the Office of the Secretary of State except as
needed for
the purpose of evaluating the applicant. The information obtained from this
investigation may be maintained by the
Secretary of State or
any agency to which such information was
transmitted. Only information
and standards which bear a reasonable and rational relation to the performance
of a driver training instructor shall be used by the Secretary of State.
Any employee of the Secretary of State who gives or causes to be given away
any confidential information concerning any
criminal charges and their disposition of an applicant shall be guilty of
a Class A misdemeanor unless release of such information is authorized by this
Section;
(c) Pass such examination as the Secretary of State shall require on (1)
traffic laws, (2) safe driving practices, (3) operation of motor vehicles,
and (4) qualifications of teacher;
(d) Be physically able to operate safely a motor vehicle and to train
others in the operation of motor vehicles. An instructors license application
must be accompanied by a medical examination report completed by a competent
physician licensed to practice in the State of Illinois;
(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school after at least 4 years
of high school education or the equivalent; and
(g) Pay to the Secretary of State an application and license fee of $70.
If a driver training school class room instructor teaches an approved driver
education course, as defined in Section 1‑103 of this Code, to students
under 18 years of age, he or she shall furnish to
the Secretary of State a certificate issued by the State Board of Education
that the said instructor is qualified and meets the minimum educational
standards for teaching driver education courses in the local public or
parochial school systems, except that no State Board of Education certification
shall be required of any instructor who teaches exclusively in a
commercial driving school. On and after July 1, 1986, the existing
rules and regulations of the State
Board of Education concerning commercial driving schools shall continue to
remain in effect but shall be administered by the Secretary of State until
such time as the Secretary of State shall amend or repeal the rules in
accordance with The Illinois Administrative Procedure Act. Upon request,
the Secretary of State shall issue a certificate of completion to a student
under 18 years of age who has completed an approved driver education course
at a commercial driving school.
(Source: P.A. 87‑829; 87‑832; 93‑408, eff. 1‑1‑04.)
(Text of Section from P.A. 93‑418)
Sec. 6‑411.
Qualifications of Driver Training Instructors.
In order to
qualify for a license as an instructor for a driving school, an applicant must:
(a) Be of good moral character;
(b) Authorize an investigation to determine if the applicant has ever
been convicted of a crime and if so, the disposition of those convictions;
this authorization shall indicate the scope of the inquiry and the agencies
which may be contacted. Upon this authorization the Secretary of State
may request and receive information and assistance from any federal, state
or local governmental agency as part of the authorized investigation.
Each applicant shall submit his or her fingerprints to the
Department
of State Police in the form and manner prescribed by the Department of State
Police. These fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check.
The
Department of State Police shall provide information concerning any criminal
convictions, and their disposition, brought against the applicant upon request
of the Secretary of State when the request is made in the form and manner
required by the Department of State Police. The information derived
from this investigation including the source of this information, and any
conclusions or recommendations derived from this information by the Secretary
of State shall be provided to the applicant, or his designee, upon request
to the Secretary of State, prior to any final action by the
Secretary of State on the application. No information obtained from such
investigation may be placed in any automated information system. Any criminal
convictions and their disposition information obtained by the Secretary
of State shall be confidential and may not be transmitted outside the Office
of the Secretary of State, except as required herein, and may not be
transmitted to anyone within the Office of the Secretary of State except as
needed for
the purpose of evaluating the applicant. The only physical identity materials
which the applicant can be required to provide the Secretary of State are
photographs or fingerprints; these shall be returned to the applicant upon
request to the Secretary of State, after the investigation has been completed
and no copy of these materials may be kept by the Secretary of State or
any agency to which such identity materials were transmitted. Only information
and standards which bear a reasonable and rational relation to the performance
of a driver training instructor shall be used by the Secretary of State.
Any employee of the Secretary of State who gives or causes to be given away
any confidential information concerning any
criminal charges and their disposition of an applicant shall be guilty of
a Class A misdemeanor unless release of such information is authorized by this Section;
(c) Pass such examination as the Secretary of State shall require on (1)
traffic laws, (2) safe driving practices, (3) operation of motor vehicles,
and (4) qualifications of teacher;
(d) Be physically able to operate safely a motor vehicle and to train
others in the operation of motor vehicles. An instructors license application
must be accompanied by a medical examination report completed by a competent
physician licensed to practice in the State of Illinois;
(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school after at least 4 years
of high school education or the equivalent; and
(g) Pay to the Secretary of State an application and license fee of $35.
If a driver training school class room instructor teaches an approved driver
education course, as defined in Section 1‑103 of this Code, to students
under 18 years of age, he or she shall furnish to
the Secretary of State a certificate issued by the State Board of Education
that the said instructor is qualified and meets the minimum educational
standards for teaching driver education courses in the local public or
parochial school systems, except that no State Board of Education certification
shall be required of any instructor who teaches exclusively in a
commercial driving school. On and after July 1, 1986, the existing
rules and regulations of the State
Board of Education concerning commercial driving schools shall continue to
remain in effect but shall be administered by the Secretary of State until
such time as the Secretary of State shall amend or repeal the rules in
accordance with The Illinois Administrative Procedure Act. Upon request,
the Secretary of State shall issue a certificate of completion to a student
under 18 years of age who has completed an approved driver education course
at a commercial driving school.
(Source: P.A. 87‑829; 87‑832; 93‑418, eff. 1‑1‑04.)
|
(625 ILCS 5/6‑412) (from Ch. 95 1/2, par. 6‑412)
Sec. 6‑412.
Issuance of Licenses to Driver Training Schools and Driver Training
Instructors.
The Secretary of State shall issue a license certificate to each
applicant to conduct a driver training school or to each driver training
instructor when the Secretary of State is satisfied that such person has
met the qualifications required under this Act.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑413) (from Ch. 95 1/2, par. 6‑413)
Sec. 6‑413.
Expiration of Licenses.
All outstanding licenses issued to any driver training school or driver
training instructor under this Act shall expire by operation of law 24
months from the date of issuance, unless sooner cancelled, suspended or
revoked under the provisions of Section 6‑420.
(Source: P.A. 93‑408, eff. 1‑1‑04.)
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(625 ILCS 5/6‑414) (from Ch. 95 1/2, par. 6‑414)
Sec. 6‑414.
Renewal of Licenses.
The license of each driver training school may be renewed subject to the
same conditions as the original license, and upon the payment of a
renewal license fee of $500 and $50 for each renewal of a branch
application.
(Source: P.A. 93‑408, eff. 1‑1‑04.)
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(625 ILCS 5/6‑415) (from Ch. 95 1/2, par. 6‑415)
Sec. 6‑415.
Renewal Fee.
The license of each driver training instructor may be renewed subject to
the same conditions of the original license, and upon the payment of annual
renewal license fee of $70.
(Source: P.A. 93‑408, eff. 1‑1‑04.)
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(625 ILCS 5/6‑416) (from Ch. 95 1/2, par. 6‑416)
Sec. 6‑416.
Licenses: Form and Filing.
All applications for renewal of a driver training school license or
driver training instructor's license shall be on a form prescribed by the
Secretary, and must be filed with the Secretary not
less than 15 days preceding the expiration date of the license to be renewed.
(Source: P.A. 87‑829; 87‑832.)
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(625 ILCS 5/6‑417) (from Ch. 95 1/2, par. 6‑417)
Sec. 6‑417.
Instructor's license.
Each driver training instructor's license shall authorize the licensee
to instruct only at or for the driver training school indicated on the
license. The Secretary shall not issue a driver training instructor's
license to any individual who is licensed to instruct at or for another
driver training school.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑418) (from Ch. 95 1/2, par. 6‑418)
Sec. 6‑418.
Instructor's Records.
Every licensee shall keep a record showing the name and address of each
person given instruction and the instruction permit or driver's license
number of every person given instruction in the driving of a motor vehicle,
and shall show the particular type of instruction given and how much time
was devoted to each such type of instruction. Such records shall be open to
the inspection of the Secretary or his representatives at all reasonable
times, but shall be for the confidential use of the Secretary.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑419) (from Ch. 95 1/2, par. 6‑419)
Sec. 6‑419.
Rules and Regulations.
The Secretary is authorized to prescribe by rule standards for the
eligibility, conduct and operation of driver training schools, and
instructors and to adopt other reasonable rules and regulations necessary
to carry out the provisions of this Act.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑420) (from Ch. 95 1/2, par. 6‑420)
Sec. 6‑420.
Denial, Cancellation, Suspension, Revocation and Failure to
Renew License. The Secretary may deny, cancel, suspend or revoke, or refuse
to renew any driver training school license or any driver training instructor
license:
(1) When the Secretary is satisfied that the licensee fails to meet the
requirements to receive or hold a license under this Code;
(2) Whenever the licensee fails to keep the records required by this
Code;
(3) Whenever the licensee permits fraud or engages in fraudulent
practices either with reference to a student or the Secretary, or induces
or countenances fraud or fraudulent practices on the part of any applicant
for a driver's license or permit;
(4) Whenever the licensee fails to comply with any provision of this Code
or any rule of the Secretary made pursuant thereto;
(5) Whenever the licensee represents himself as an agent or employee of
the Secretary or uses advertising designed to lead or which would
reasonably have the effect of leading persons to believe that such licensee
is in fact an employee or representative of the Secretary;
(6) Whenever the licensee or any employee or agent of the licensee
solicits driver training or instruction in an office of any department of
the Secretary of State having to do with the administration of any law
relating to motor vehicles, or within 1,500 feet of any such office;
(7) Whenever the licensee is convicted of driving while
under the influence of alcohol, other drugs, or a combination thereof;
leaving the scene of an accident; reckless homicide or reckless driving; or
(8) Whenever a driver training school advertises that a driver's license
is guaranteed upon completion of the course of instruction.
(Source: P.A. 85‑951.)
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(625 ILCS 5/6‑421) (from Ch. 95 1/2, par. 6‑421)
Sec. 6‑421.
Judicial Review.
The action of the Secretary in cancelling, suspending, revoking or
denying any license under this Act shall be subject to judicial review in
the Circuit Court of Sangamon County or the Circuit Court of Cook County,
and the provisions of the Administrative Review Law,
and all amendments and modifications thereto, and the rules adopted
pursuant thereto, are hereby adopted and shall apply to and govern every
action for judicial review of the final acts or decisions of the Secretary
under this Act.
(Source: P.A. 82‑783.)
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(625 ILCS 5/6‑422) (from Ch. 95 1/2, par. 6‑422)
Sec. 6‑422.
Prior law and licenses thereunder.
This Act shall not affect the validity of any outstanding license issued
to any driver training school or driver training instructor by the
Secretary of State under any prior law, nor shall this Act affect the
validity or legality of any contract, agreement or undertaking entered into
by any driver training school or driver training instructor, or any person,
firm, corporation, partnership or association based on those provisions of
any prior law.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑423) (from Ch. 95 1/2, par. 6‑423)
Sec. 6‑423.
Deposit of fees.
Fees collected under this Article shall be deposited in the Road Fund.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/6‑424) (from Ch. 95 1/2, par. 6‑424)
Sec. 6‑424.
Injunctions.
If any person operates in violation of any
provision of this Article, or any rule, regulation, order, or decision of
the Secretary of State established under this Article, or in violation of
any term, condition or limitation of any license issued under this Article,
the Secretary of State, or any other person injured as a result, or any
interested person, may apply to the circuit court of the county where the
violation or some part occurred, or where the person complained of has an
established or additional place of business or resides, to prevent the
violation. The court may enforce compliance by injunction or other process
restraining the person from further violation and compliance.
(Source: P.A. 87‑829; 87‑832.)
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(625 ILCS 5/Ch. 6 Art. V heading)ARTICLE V.
COMMERCIAL MOTOR VEHICLE OPERATORS
(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 | ||
|
||
(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 | ||
|
||
(i) the vehicle has a GVWR of 26,001 pounds or | ||
|
||
(ii) the vehicle is designed to transport 16 or | ||
|
||
(iii) the vehicle is transporting hazardous | ||
|
||
(B) Pursuant to the interpretation of the Commercial | ||
|
||
(i) recreational vehicles, when operated | ||
|
||
(ii) United States Department of Defense | ||
|
||
(iii) firefighting and other emergency equipment | ||
|
||
(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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(ii) to an individual domiciled in another state | ||
|
||
(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 | ||
|
||
(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 | ||
|
||
(i) a violation relating to excessive speeding, | ||
|
||
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local | ||
|
||
(iv) a violation of Section 6‑501, relating to | ||
|
||
(v) a violation of paragraph (a) of Section | ||
|
||
(vi) a violation relating to improper or erratic | ||
|
||
(vii) a violation relating to following another | ||
|
||
(B) any other similar violation of a law or local | ||
|
||
(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 | ||
|
||
(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 | ||
|
||
(i) the vehicle has a GVWR of 26,001 pounds or | ||
|
||
(ii) the vehicle is designed to transport 16 or | ||
|
||
(iii) the vehicle is transporting hazardous | ||
|
||
(B) Pursuant to the interpretation of the Commercial | ||
|
||
(i) recreational vehicles, when operated | ||
|
||
(ii) United States Department of Defense | ||
|
||
(iii) firefighting and other emergency equipment | ||
|
||
(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 | ||
|
||
(B) Any other similar law or local ordinance of | ||
|
||
(26) Serious Traffic Violation. "Serious traffic violation"
means:
(A) a conviction when operating a commercial motor | ||
|
||
(i) a violation relating to excessive speeding, | ||
|
||
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local | ||
|
||
(iv) a violation of Section 6‑501, relating to | ||
|
||
(v) a violation of paragraph (a) of Section | ||
|
||
(vi) a violation relating to improper or erratic | ||
|
||
(vii) a violation relating to following another | ||
|
||
(B) any other similar violation of a law or local | ||
|
||
(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 5/6‑500.1) (from Ch. 95 1/2, par. 6‑500.1)
Sec. 6‑500.1.
Short title.
This Article may be cited as the Uniform
Commercial Driver's License Act or "UCDLA".
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑500.2) (from Ch. 95 1/2, par. 6‑500.2)
Sec. 6‑500.2.
Statement of intent and purpose.
The purpose of this
UCDLA is to implement the federal Commercial Motor Vehicle Safety Act of
1986 (CMVSA) (Title XII of Pub. Law 99‑570) and reduce or prevent
commercial motor vehicle accidents, fatalities and injuries by:
(a) permitting commercial drivers to hold only one driver's license;
(b) disqualifying commercial drivers who have committed certain serious
traffic violations, or other specified offenses; and
(c) strengthening commercial driver licensing and testing standards.
This UCDLA is remedial in nature and should be liberally construed to
promote the public's health, safety and welfare. To the extent that this
UCDLA conflicts with any other provisions of this Code, the UCDLA shall
prevail. Where this UCDLA is silent, the other general provisions of this
Code shall apply.
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑501) (from Ch. 95 1/2, par. 6‑501)
Sec. 6‑501.
Commercial drivers ‑ permitted only one driver's
license. No person who drives a commercial
motor vehicle, on the highways, shall have more than one driver's
license, except during the 10‑day period beginning on the date such person
is issued a CDL.
Any person convicted of violating this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑502) (from Ch. 95 1/2, par. 6‑502)
Sec. 6‑502.
Commercial motor vehicle drivers ‑ reporting
of traffic violations to the Secretary of State. When required by the
Commercial Motor Vehicle Safety Act
of 1986, every person who has been issued an Illinois
non‑resident CDL or who is a domiciliary of this State and drives
a commercial motor vehicle in violation
of a law or local ordinance of any State relating to motor vehicle
traffic control (other than parking violations) in any other
state, shall notify the Secretary of State, on a form and in
a manner prescribed by the Secretary, of such violation
within 30 days after the date such person has been convicted of such offense.
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑503) (from Ch. 95 1/2, par. 6‑503)
Sec. 6‑503.
Commercial motor vehicle drivers ‑ reporting of traffic
violations to employer. Every person who is
a domiciliary of this State or who has been issued an Illinois non‑resident CDL
and drives a commercial motor vehicle in
violation of a law or local ordinance of any State
relating to motor vehicle
traffic control (other than parking violations) in this or any other state,
shall notify such person's employer of such violation
within 30 days after the
date such person is convicted of such offense.
In the event such person is a "common carrier of property by motor
vehicle", as defined in
Section 18c‑1104 of this Code, such person shall notify the
principal lessor of such within 30 days after the date such person is
convicted of the violation. However, if such person is
an independent contractor or owner operator, such report shall be kept at
the principal place of business and available during normal office hours
for inspection and auditing purposes by an authorized agency.
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑504) (from Ch. 95 1/2, par. 6‑504)
Sec. 6‑504.
Commercial motor vehicle drivers ‑ other
reporting requirements. All drivers of commercial motor vehicles licensed
or domiciled in Illinois:
(1) who have their driving privileges suspended, revoked or cancelled by any state; or
(2) who lose their privilege to operate a commercial motor
vehicle in any state for any period; or
(3) who are disqualified from driving a commercial
motor vehicle for any period; or
(4) who are placed "out‑of‑service" pursuant to Section 6‑515;
shall notify: (i) their employer of such suspension, revocation,
cancellation, lost right, disqualification, or "out‑of‑service" action before
the end of the business day following the day the driver received notice of
such action; and within 30 days after the effective date of such action.
(ii) the Secretary of State of any such out‑of‑state suspension,
revocation, cancellation, lost right, disqualification, or "out‑of‑service"
action within 30 days after the effective date of such action.
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑505) (from Ch. 95 1/2, par. 6‑505)
Sec. 6‑505.
Commercial motor vehicle driver ‑ duty to report certain
previous employment to potential employer. Each person who applies for
employment as a driver of a commercial motor vehicle, with any employer,
shall notify
such potential employer at the time of such application of any and all
previous employment for the last 10 years, as a driver of a commercial
motor vehicle including, but
not necessarily limited to, the dates between which the applicant drove
for each employer, the reason for leaving each such employment and the
information contained in the notification
requirements of Section 6‑504.
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑506) (from Ch. 95 1/2, par. 6‑506)
Sec. 6‑506.
Commercial motor vehicle driver ‑ employer/owner
responsibilities.
(a) No employer or commercial motor
vehicle owner shall
knowingly allow, permit,
or authorize an employee to drive a commercial motor
vehicle on the highways during any period in which such employee:
(1) has a driver's license suspended, revoked or | ||
|
||
(2) has lost the privilege to drive a commercial | ||
|
||
(3) has been disqualified from driving a commercial | ||
|
||
(4) has more than one driver's license, except as | ||
|
||
(5) is subject to or in violation of an | ||
|
||
(b) No employer or commercial motor vehicle owner shall
knowingly allow,
permit, authorize, or require a driver to operate a commercial motor vehicle in
violation of any law or regulation pertaining to railroad‑highway grade
crossings.
(c) Any employer convicted of violating subsection (a) of this
Section, whether
individually or
in connection with one or more other persons, or as principal agent, or
accessory, shall be guilty of a Class A misdemeanor.
(Source: P.A. 92‑249, eff. 1‑1‑02; 92‑834, eff. 8‑22‑02.)
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(625 ILCS 5/6‑507)(from Ch. 95 1/2, par. 6‑507)
Sec. 6‑507. Commercial Driver's License (CDL) Required.
(a) Except as expressly permitted by this UCDLA, or when driving
pursuant to the issuance of a commercial driver instruction permit and
accompanied by the holder of a CDL valid for the vehicle being driven; no
person shall drive a commercial motor vehicle on the highways without: (1) a CDL in the driver's possession; (2) having obtained a CDL; or (3) the proper class of CDL or endorsements or both
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(b) Except as otherwise provided by this Code, no person may drive a
commercial motor vehicle on the highways while such person's driving
privilege, license or permit is:
(1) Suspended, revoked, cancelled, or subject to | ||
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(2) Subject to or in violation of an | ||
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(3) Subject to or in violation of an "out of | ||
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(c) Pursuant to the options provided to the States by FHWA Docket No.
MC‑88‑8, the driver of any motor vehicle controlled or operated by or for a
farmer is waived from the requirements of this Section, when such motor
vehicle is being used to transport: agricultural products; implements of
husbandry; or farm supplies; as long as such movement is not over 150 air
miles from the originating farm. This waiver does not apply to
the driver of any motor vehicle
being used in a common or contract carrier type operation.
However, for those drivers of any truck‑tractor
semitrailer combination or combinations registered under subsection (c) of
Section 3‑815 of this Code, this waiver shall apply only when the
driver is a farmer or a member of the farmer's family and the driver is 21
years
of age or more and has successfully completed any
tests the Secretary of State deems necessary.
In addition, the farmer or a member of the farmer's family who operates a
truck‑tractor semitrailer combination or combinations pursuant to this waiver
shall be granted all of the rights and shall be subject to all of the duties
and restrictions with respect to Sections 6‑514 and 6‑515 of this Code
applicable to the driver who possesses a commercial driver's license issued
under this Code, except that the driver shall not be subject to any additional
duties or restrictions contained
in Part 382 of the Federal Motor Carrier Safety Regulations that are
not otherwise imposed under Section 6‑514 or 6‑515 of this Code.
For purposes of this subsection (c), a member of the farmer's family is a
natural or in‑law spouse, child, parent, or sibling.
(c‑5) An employee of a township or road district with a population of
less
than 3,000 operating a vehicle within the boundaries of the township or road
district for the purpose of removing snow or ice from a roadway by plowing,
sanding, or salting is waived from the requirements of this Section when the
employee is needed to operate the vehicle because the employee of the township
or road district who ordinarily operates the vehicle and who has a commercial
driver's license is unable to operate the vehicle or is in need of additional
assistance due to a snow emergency.
(d) Any person convicted of violating this Section, shall be guilty of a
Class A misdemeanor.
(e) Any person convicted of violating paragraph (b) of this Section,
shall have all driving privileges revoked by the Secretary of State.
(f) This Section shall not apply to:
(1) A person who currently holds a valid Illinois | ||
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(2) A non‑Illinois domiciliary who is properly | ||
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(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑930, eff. 6‑26‑06.)
|
(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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(2) Third party testing. The Secretary of state may | ||
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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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(2) the person has passed a written test, | ||
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(3) the person has demonstrated physical fitness to | ||
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(4) the person has not been convicted of committing | ||
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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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(2) Third party testing. The Secretary of state may | ||
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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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(2) the person has passed a written test, | ||
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(3) the person has demonstrated physical fitness to | ||
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(4) the person has not been convicted of committing | ||
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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.)
|
(625 ILCS 5/6‑509)(from Ch. 95 1/2, par. 6‑509)
Sec. 6‑509. Non‑resident commercial driver's license. (a) The Secretary
of State may issue a non‑resident CDL to a domiciliary of a foreign
jurisdiction if the United States Secretary of Transportation has
determined that the commercial motor vehicle testing and licensing
standards, in that foreign jurisdiction, do not meet the testing standards
established in 49 C.F.R. Part 383. The Secretary of State may also issue a non‑resident CDL to an individual domiciled in another state while that state is prohibited from issuing CDLs in accordance with 49 C.F.R. Part 384. A non‑resident CDL shall be issued in accordance with the testing and licensing standards contained in subparts F, G, and H of 49 C.F.R. Part 383. The word "Non‑resident" must appear on
the face of the non‑resident CDL. An applicant must surrender any
non‑resident CDL, license or permit issued by any other state.
(b) If an individual is domiciled in a state while that state is prohibited from issuing CDLs in accordance with 49 C.F.R. Part 384.405, that individual is eligible to obtain a non‑resident CDL from any state that elects to issue a non‑resident CDL and which complies with the testing and licensing standards contained in subparts F, G, and H of 49 C.F.R. Part 383.23.
(Source: P.A. 94‑307, eff. 9‑30‑05.)
(625 ILCS 5/6‑510)(from Ch. 95 1/2, par. 6‑510)
Sec. 6‑510. Application for Commercial Driver's License (CDL).
(a) The application for a CDL or commercial driver instruction permit,
must include, but not necessarily be limited to, the following:
(1) the full legal name and current Illinois
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(2) a physical description of the applicant including | ||
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(3) date of birth;
(4) the applicant's social security number or other | ||
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(5) the applicant's signature;
(6) certifications required by 49 C.F.R. Part 383.71; (6.1) the names of all states where the applicant has | ||
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(7) any other information required by the Secretary | ||
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(Source: P.A. 93‑895, eff. 1‑1‑05; 94‑307, eff. 9‑30‑05.)
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(625 ILCS 5/6‑511)(from Ch. 95 1/2, par. 6‑511)
Sec. 6‑511. Change of legal name or domiciliary address.
(a) All persons to
whom a CDL has been issued, shall
notify the Driver Services Department of the
Secretary of
State's Office within 10 days of any change in
domiciliary address.
In addition, such person shall make application for a corrected CDL within
30 days of any such change.
(b) Any person to whom a CDL has been issued whose legal name has changed
from the name on the previously‑issued CDL shall apply for a corrected card
within 30 days after the change.
(Source: P.A. 93‑895, eff. 1‑1‑05.)
(625 ILCS 5/6‑512) (from Ch. 95 1/2, par. 6‑512)
Sec. 6‑512.
Unlawful operation of a commercial motor vehicle
pursuant to a non‑Illinois issued CDL. No person, after becoming a
domiciliary of this State for 30 days or
more, shall drive a commercial motor vehicle on the highways of this State
pursuant to the authority of a CDL issued by any other State or foreign jurisdiction.
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑513)(from Ch. 95 1/2, par. 6‑513)
Sec. 6‑513. Commercial Driver's License or CDL. The content of the CDL
shall include, but not necessarily be limited to the following:
(a) A CDL shall be distinctly marked "Commercial Driver's License" or
"CDL". It must include, but not necessarily be limited to, the following
information:
(1) the legal name and the Illinois domiciliary
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(2) the person's color photograph;
(3) a physical description of the person including | ||
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(4) date of birth;
(5) a CDL or file number assigned by the Secretary of | ||
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||
(6) it also may include the applicant's Social | ||
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||
(7) the person's signature;
(8) the class or type of commercial vehicle or | ||
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(9) the name of the issuing state; and
(10) the issuance and expiration dates of the CDL.
(b) Applicant Record Check.
Prior to the issuance of a CDL, the Secretary of State shall
obtain and review the applicant's driving record as required by 49 C.F.R. Part 383
and the United States Secretary of Transportation.
(c) Notification of Commercial Driver's License (CDL) Issuance.
Within 10 days after issuing a CDL, the Secretary of State must notify
the Commercial Driver License Information System of that fact, and provide
all information required to ensure identification of the person.
(d) Renewal.
Every person applying for a renewal of a CDL must complete the
appropriate application form required by this Code and any other test
deemed necessary by the Secretary.
(Source: P.A. 93‑895, eff. 1‑1‑05; 94‑307, eff. 9‑30‑05.)
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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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(2) Operating a commercial motor vehicle while the | ||
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(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if | ||
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(ii) Knowingly and wilfully leaving the scene of | ||
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||
(iii) Driving a commercial motor vehicle or, if | ||
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||
(iv) Driving a commercial motor vehicle while the | ||
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||
(v) Causing a fatality through the negligent | ||
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||
As used in this subdivision (a)(3)(v), "motor | ||
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||
If any of the above violations or refusals occurred | ||
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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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(2) For one year upon a second conviction of | ||
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(3) For 3 years upon a third or subsequent | ||
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(4) For one year upon a first conviction of | ||
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(5) For 3 years upon a second conviction of | ||
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(6) For 5 years upon a third or subsequent | ||
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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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(i) For drivers who are not required to always | ||
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(ii) For drivers who are not required to always | ||
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(iii) For drivers who are always required to | ||
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(iv) For all drivers, failing to have sufficient | ||
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||
(v) For all drivers, failing to obey a traffic | ||
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(vi) For all drivers, failing to negotiate a | ||
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(2) Duration of disqualification for | ||
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(i) First violation. A driver must be | ||
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(ii) Second violation. A driver must be | ||
|
||
(iii) Third or subsequent violation. A driver | ||
|
||
(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 5/6‑515) (from Ch. 95 1/2, par. 6‑515)
Sec. 6‑515.
Prohibitions against a person driving a commercial
motor vehicle while having any alcohol, other drug, or both in such
person's system.
(a) Notwithstanding any other provisions of this Code, a person shall
not drive a commercial motor vehicle while having any alcohol, other drug, or
both in such person's system.
(b) A person who drives a commercial motor vehicle while having any alcohol,
other drug, or both, in such person's system or who refuses to submit to or
fails to complete an alcohol or other drug test or tests pursuant to Section
6‑517, as evidenced by the issuance of a Sworn Report by a police officer, must
be placed "out‑of‑service" for at least 24 hours.
(c) The police officer shall provide the Secretary of State with a copy
of all Sworn Reports issued pursuant to this UCDLA.
(d) The "out‑of‑service" referred to in this Section shall not be entered to
the record of any Illinois commercial motor vehicle driver, by the
Secretary of State, unless the prohibited action or actions occurred after
March 31, 1992.
(Source: P.A. 88‑212.)
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(625 ILCS 5/6‑516) (from Ch. 95 1/2, par. 6‑516)
Sec. 6‑516.
Implied consent requirements for commercial motor vehicle
drivers.
(a) Effective April 1, 1992, any person who drives a commercial motor
vehicle upon the highways is hereby deemed to have given consent to submit
to a test or tests, subject to the provisions of Section 11‑501.2 of this Code,
of such person's breath, blood or urine for the purpose of determining the
presence of alcohol, or other drugs, in such person's system.
(b) A test or tests may be administered at the direction of a law
enforcement officer, who after stopping or detaining the commercial motor
vehicle driver, has probable cause to believe that driver was driving a
commercial motor vehicle while having 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 driver's system.
(c) Effective April 1, 1992, any person who operates a school bus at
the time of an accident involving the school bus is hereby deemed to have
given consent to submit to a test or tests to be administered at the
direction of a law enforcement officer, subject to the provisions of
Section 11‑501.2 of this Code, of the driver's breath, blood or urine for
the purpose of determining the presence of alcohol, or other drugs, in the
person's system.
(Source: P.A. 88‑212.)
|
(625 ILCS 5/6‑517) (from Ch. 95 1/2, par. 6‑517)
Sec. 6‑517.
Commercial driver; implied consent warnings.
(a) Any person driving a commercial motor vehicle who is
requested by a police officer, pursuant to Section 6‑516, to submit to a
chemical test or tests to determine the alcohol concentration
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, must be warned by the police officer
requesting the
test or tests that a refusal to submit to the test or tests will result in that
person being immediately placed out‑of‑service for a period of 24 hours and
being disqualified from operating a commercial motor vehicle for a period of
not less than 12 months; the person shall also be warned that if
such person
submits to testing which discloses an alcohol concentration of greater than
0.00 but less than 0.04 or any amount of a drug, substance, or compound in
such
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, such person shall be
placed immediately
out‑of‑service for a period of 24 hours; if the person submits to testing which
discloses an alcohol concentration of 0.04 or more or any amount of a drug,
substance, or compound in such 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,
such
person shall be placed immediately out‑of‑service and disqualified from driving
a commercial motor vehicle for a period of at least 12 months; also the person
shall be warned that if such testing discloses an alcohol
concentration of 0.08, or more or any amount of a drug, substance,
or compound in such 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, in addition to the person being immediately
placed out‑of‑service and disqualified for 12 months as provided in this UCDLA,
the results of such testing shall also be admissible in
prosecutions for
violations of Section 11‑501 of this Code, or similar violations of local
ordinances, however, such results shall not be used to impose any
driving
sanctions pursuant to Section 11‑501.1 of this Code.
The person shall also be warned that any disqualification imposed pursuant
to this Section, shall be for life for any such offense or refusal,
or combination thereof; including a conviction for violating Section 11‑501
while driving a commercial motor vehicle, or similar provisions of local
ordinances, committed a second time involving separate incidents.
(b) If the person refuses or fails to complete testing, or submits to a
test which discloses an alcohol concentration of at least 0.04,
or any amount of a drug, substance, or compound in such 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, the law enforcement officer must
submit a Sworn Report to the Secretary of State, in a form prescribed by
the Secretary, certifying that the test or tests was requested pursuant to
paragraph (a); that the person was warned, as provided in paragraph (a)
and that such person refused to submit to or failed to complete
testing, or
submitted to a test which disclosed an alcohol
concentration of 0.04 or more, or any amount of a drug, substance, or
compound in such 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.
(c) The police officer submitting the Sworn Report under this Section
shall serve notice of the CDL disqualification on the person and
such CDL
disqualification shall be effective as provided in paragraph (d). In cases
where the blood alcohol concentration of 0.04 or more,
or any amount of a drug, substance, or
compound in such 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, is established by
subsequent analysis of blood or urine collected at the time of the request,
the police officer shall give notice as provided in this Section or by
deposit in the United States mail of such notice as provided in
this
Section or by deposit in the United States mail of such notice in
an
envelope with postage prepaid and addressed to such person's
domiciliary
address as shown on the Sworn Report and the CDL disqualification shall
begin as provided in paragraph (d).
(d) The CDL disqualification referred to in this Section shall take
effect on the 46th day following the date the Sworn Report was given to the
affected person.
(e) Upon receipt of the Sworn Report from the police officer, the
Secretary of State shall disqualify the person from driving any commercial
motor vehicle and shall confirm the CDL disqualification by mailing the
notice of the effective date to the person. However, should the Sworn
Report be defective by not containing sufficient information or be
completed in error, the confirmation of the CDL disqualification shall not
be mailed to the affected person or entered into the record, instead the
Sworn Report shall be forwarded to the issuing
agency identifying any such defect.
(Source: P.A. 90‑43, eff. 7‑2‑97; 91‑357, eff. 7‑29‑99.)
|
(625 ILCS 5/6‑518)(from Ch. 95 1/2, par. 6‑518)
Sec. 6‑518. Notification of Traffic Convictions. (a) Within 10 days after
receiving a report of an Illinois conviction, or other verified evidence,
of any driver who has been issued a CDL by another State, for a violation
of any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations, committed in any motor vehicle, the Secretary of State must notify the driver
licensing authority which issued such CDL of said conviction.
(b) Within 10 days after
receiving a report of an Illinois conviction, or other verified evidence,
of any driver from another state, for a violation
of any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Secretary of State must notify the driver
licensing authority which issued the person's driver's license of the conviction.
(Source: P.A. 94‑307, eff. 9‑30‑05.)
(625 ILCS 5/6‑519) (from Ch. 95 1/2, par. 6‑519)
Sec. 6‑519.
Driving Record Information To Be Furnished.
Notwithstanding
any other provision of law to the contrary, the Secretary of State shall
furnish full information regarding a commercial driver's driving record to
the driver licensing administrator of any other State requesting such
information; and any other entity or person authorized to receive such
information pursuant to Section 2‑123 of this Code.
(Source: P.A. 86‑845.)
|
(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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3. Whether the person was verbally warned of the | ||
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4. Whether the person did refuse to submit to or | ||
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5. Whether the person was warned that if the test or | ||
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6. Whether such results could not be used to impose | ||
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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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3. Whether the person was verbally warned of the | ||
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4. Whether, after being so warned, the person did | ||
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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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(625 ILCS 5/6‑521)
(from Ch. 95 1/2, par. 6‑521)
Sec. 6‑521.
Rulemaking Authority.
(a) The Secretary of State, using the
authority to license motor vehicle operators under this Code, may adopt
such rules and regulations as may be necessary to establish standards,
policies and procedures for the licensing and sanctioning of commercial
motor vehicle
drivers in order to meet the requirements of the Commercial Motor Vehicle
Act of 1986 (CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 or Part 1572; and administrative and policy decisions of the U.S.
Secretary of
Transportation and the Federal Highway Administration. The Secretary may,
as provided in the CMVSA, establish stricter requirements for the licensing
of commercial motor vehicle drivers than those established by the federal
government.
(b) By January 1, 1994, the Secretary of State shall establish rules and
regulations for the issuance of a
restricted commercial driver's license
for farm‑related service industries
consistent with federal guidelines. The restricted license
shall be available for a seasonal period or periods not to exceed a total of
180 days in any 12 month period.
(c) By July 1, 1995, the Secretary of State shall establish
rules and regulations, to be consistent with federal guidelines,
for the issuance and cancellation or withdrawal of a restricted
commercial driver's license that is limited to the operation of a school
bus. A driver whose restricted commercial driver's license has
been cancelled or withdrawn may contest the sanction by requesting
a hearing pursuant to Section 2‑118 of this Code. The cancellation
or withdrawal of the restricted commercial driver's license shall
remain in effect pending the outcome of that hearing.
(d) By July 1, 1995, the Secretary of State shall
establish rules and regulations for the issuance and cancellation
of a School Bus Driver's Permit. The permit shall be required for
the operation of a school bus as provided in subsection (c), a non‑restricted
CDL
with passenger endorsement, or a properly classified driver's
license. The permit will establish that the school bus driver has
met all the requirements of the application and screening process
established by Section 6‑106.1 of this Code.
(Source: P.A. 93‑667, eff. 3‑19‑04.)
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(625 ILCS 5/6‑522) (from Ch. 95 1/2, par. 6‑522)
Sec. 6‑522.
Authority to Enter Agreements.
The Secretary of State may
enter into or make agreements, arrangements, or declarations to carry out
the provisions of this UCDLA.
(Source: P.A. 86‑845.)
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(625 ILCS 5/6‑523)(from Ch. 95 1/2, par. 6‑523)
Sec. 6‑523. Reciprocity. (a) Notwithstanding any law to the contrary, a
person may drive a commercial motor vehicle in this State if such person has
a valid commercial driver's license or CDL instruction permit issued by
another State or foreign jurisdiction as long as such person has not been
an established domiciliary of this State for 30 days or more.
(b) The Secretary of State shall give out of state convictions full
faith and credit and treat them for sanctioning purposes, under this UCDLA,
just as if they occurred in this State.
(c) A CDL issued by this State or any other state before the date on and after which the state is prohibited from issuing CDLs under 49 C.F.R. Part 384, remains valid until its stated expiration date.
(Source: P.A. 94‑307, eff. 9‑30‑05.)
(625 ILCS 5/6‑524) (from Ch. 95 1/2, par. 6‑524)
Sec. 6‑524.
Penalties.
(a) Every person convicted of violating any
provision of this UCDLA for which another penalty is not provided shall for
a first offense be guilty of a petty offense; and for a second conviction
for any offense committed within 3 years of any previous offense, shall be
guilty of a Class B misdemeanor.
(b) Any person convicted of violating subsection (b) of Section 6‑506 of
this Code shall be subject to a civil penalty of not more than $10,000.
(Source: P.A. 92‑249, eff. 1‑1‑02.)
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(625 ILCS 5/6‑525) (from Ch. 95 1/2, par. 6‑525)
Sec. 6‑525.
Severability.
The provisions of this UCLDA shall be
severable and if any phrase, clause, sentence or provision of this UCLDA is
declared to be contrary to the Constitutions of this State, or of the
United States, such unconstitutionality shall not affect the validity of
the remainder of this UCDLA.
(Source: P.A. 86‑845.)
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(625 ILCS 5/Ch. 6 Art. VI heading)ARTICLE VI.
PENALTIES
(625 ILCS 5/6‑601) (from Ch. 95 1/2, par. 6‑601)
Sec. 6‑601.
Penalties.
(a) It is a petty offense for any person to violate any of the
provisions of this Chapter unless such violation is by this Code or other
law of this State declared to be a misdemeanor or a felony.
(b) General penalties. Unless another penalty is in this Code
or other laws of this State, every person convicted of a petty
offense for the violation of any provision of this Chapter shall be
punished by a fine of not more than $500.
(c) Unlicensed driving. Except as hereinafter provided a violation
of Section 6‑101 shall be:
1. A Class A misdemeanor if the person failed to | ||
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2. A Class B misdemeanor if the person has been | ||
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If a licensee under this Code is convicted of violating Section 6‑101
for operating a motor vehicle during a time when such licensee's driver's
license was invalid under the provisions of Section 6‑110, then conviction
under such circumstances shall be punishable by a fine of not more than $25.
If a licensee under this Code is convicted of violating Section 6‑303 for
operating a motor vehicle during a time when such licensee's driver's license
was suspended under the provisions of Section 6‑306.3, then such act shall be
a petty offense (provided the licensee has answered the charge which was the
basis of the suspension under Section 6‑306.3), and there shall be imposed no
additional like period of suspension as provided in paragraph (b) of Section
6‑303.
(Source: P.A. 92‑622, eff. 1‑1‑03; 92‑647, eff. 1‑1‑03; 92‑883, eff.
1‑13‑03.)
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(625 ILCS 5/Ch. 6 Art. VII heading)ARTICLE VII.
DRIVER LICENSE COMPACT
(625 ILCS 5/6‑700) (from Ch. 95 1/2, par. 6‑700)
Sec. 6‑700.
Definitions.
As used in this compact:
(a) "State" means a state, territory or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and has the power to
suspend or revoke the use of the license or permit to operate a motor
vehicle.
(c) "Conviction" means a conviction of any offense related to the use or
operation of a motor vehicle which is prohibited by state law, municipal
ordinance or administrative rule or regulation, or a forfeiture of bail,
bond or other security deposited to secure appearance by a person charged
with having committed any such offense, and which conviction or forfeiture
is required to be reported to the licensing authority.
(Source: P. A. 76‑1615.)
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(625 ILCS 5/6‑701) (from Ch. 95 1/2, par. 6‑701)
Sec. 6‑701.
Findings and Declaration of Policy.
(a) The party states find that:
1. The safety of their streets and highways is materially affected by
the degree of compliance with state laws and local ordinances relating to
the operation of motor vehicles.
2. Violation of such a law or ordinance is evidence that the violator
engages in conduct which is likely to endanger the safety of persons and
property.
3. The continuance in force of a license to drive is predicated upon
compliance with laws and ordinances relating to the operation of motor
vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
1. Promote compliance with the laws, ordinances and administrative rules
and regulations relating to the operation of motor vehicles by their
operators in each of the jurisdictions where such operators drive motor
vehicles.
2. Make the reciprocal recognition of licenses to drive and eligibility
therefor more just and equitable by considering the over‑all compliance
with motor vehicle laws, ordinances and administrative rules and
regulations as a condition precedent to the continuance or issuance of any
license by reason of which the licensee is authorized or permitted to
operate a motor vehicle in any of the party states.
(Source: P. A. 76‑1615.)
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(625 ILCS 5/6‑702) (from Ch. 95 1/2, par. 6‑702)
Sec. 6‑702.
Reports of Conviction.
The licensing authority of a party state shall report each conviction of
a person from another party state occurring within its jurisdiction to the
licensing authority of the home state of the licensee. Such report shall
clearly identify the person convicted; describe the violation specifying
the section of the statute, code or ordinance violated; identify the court
in which action was taken; indicate whether a plea of guilty or not guilty
was entered, or the conviction was a result of the forfeiture of bail, bond
or other security; and shall include any special findings made in
connection therewith.
(Source: P. A. 76‑1615.)
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(625 ILCS 5/6‑703) (from Ch. 95 1/2, par. 6‑703)
Sec. 6‑703.
Effect of Conviction.
(a) The licensing authority in the home state, for the purposes of
suspension, revocation or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
Section 6‑702, as it would if such conduct had occurred in the home state,
in the case of convictions for:
1. Manslaughter or negligent homicide resulting from the operation of a
motor vehicle;
2. Driving a motor vehicle while under the influence of intoxicating
liquor or a narcotic drug, or under the influence of any other drug to a
degree which renders the driver incapable of safely driving a motor
vehicle;
3. Any felony in the commission of which a motor vehicle is used;
4. Failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Section 6‑702, the
licensing authority in the home state shall give such effect to the conduct
as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed in
paragraph (a) of this Section, such party state shall construe the
denominations and descriptions appearing in paragraph (a) hereof as being
applicable to and identifying those offenses or violations of a
substantially similar nature, and the laws of such party state shall
contain such provision as may be necessary to ensure that full force and
effect is given to this Section.
(Source: P. A. 76‑1615.)
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(625 ILCS 5/6‑704) (from Ch. 95 1/2, par. 6‑704)
Sec. 6‑704.
Applications for New Licenses.
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is the
holder of a license to drive issued by any other party state. The licensing
authority in the state where application is made shall not issue a license
to drive to the applicant if:
1. The applicant has held such a license, but the same has been
suspended by reason, in whole or in part, of a violation and if such
suspension period has not terminated.
2. The applicant has held such a license, but the same has been revoked
by reason, in whole or in part, of a violation and if such revocation has
not terminated, except that after the expiration of one year from the date
the license was revoked, such person may make application for a new license
if permitted by law. The licensing authority may refuse to issue a license
to any such applicant if, after investigation, the licensing authority
determines that it will not be safe to grant to such person the privilege
of driving a motor vehicle on the public highways.
3. The applicant is the holder of a license to drive issued by another
party state and currently in force unless the applicant surrenders such
license.
(Source: P. A. 76‑1615.)
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(625 ILCS 5/6‑705) (from Ch. 95 1/2, par. 6‑705)
Sec. 6‑705.
Applicability of Other Laws.
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party state
to apply any of its other laws relating to the licenses to drive to any
person or circumstance, nor to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party state and a
nonparty state.
(Source: P. A. 76‑1615.)
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(625 ILCS 5/6‑706) (from Ch. 95 1/2, par. 6‑706)
Sec. 6‑706.
Compact Administrator and Interchange of Information.
(a) The head of the licensing authority of each party state shall be
administrator of this compact for his state. The administrators, acting
jointly, shall have the power to formulate all necessary and proper
procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.
(Source: P.A. 76‑1615.)
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(625 ILCS 5/6‑707) (from Ch. 95 1/2, par. 6‑707)
Sec. 6‑707.
Entry into Force and Withdrawal.
(a) This compact shall enter into force and become effective as to any
state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until 6 months
after the executive head of the withdrawing state has given notice of the
withdrawal to the executive heads of all other party states. No withdrawal
shall affect the validity or applicability by the licensing authorities of
states remaining party to the compact of any report of conviction occurring
prior to the withdrawal.
(Source: P. A. 76‑1615.)
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(625 ILCS 5/6‑708) (from Ch. 95 1/2, par. 6‑708)
Sec. 6‑708.
Construction and Severability.
(a) This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) As used in the compact, the term "licensing authority" with
reference to this state, means the Secretary of State. The Secretary of
State shall furnish to the appropriate authorities of any other party state
any information or documents reasonably necessary to facilitate the
administration of Sections 6‑702, 6‑703 and 6‑704 of the compact.
(c) The compact administrator provided for in Section 6‑706 of the
compact shall not be entitled to any additional compensation on account of
his service as such administrator, but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such
administrator, in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
(d) As used in the compact, with reference to this state, the term
"executive head" shall mean the Governor.
(e) The phrase "manslaughter or negligent homicide," as used in
subparagraph (1) of paragraph (a) of Section 6‑703 of the compact includes
the offense of reckless homicide as defined in Section 9‑3 of the "Criminal
Code of 1961," as heretofore or hereafter amended, or in any predecessor
statute, as well as the offenses of second degree murder and involuntary
manslaughter.
The offense described in subparagraph (2) of paragraph (a) of Section
6‑703 of the compact includes any violation of Section 11‑501 of this
Code or any similar provision of a local ordinance.
The offense described in subparagraph (4) of paragraph (a) of Section
6‑703 of the compact includes any violation of paragraph (a) of Section
11‑401 of this Code.
(Source: P.A. 85‑951.)
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(625 ILCS 5/Ch. 6 Art. VIII heading)ARTICLE VIII.
NONRESIDENT VIOLATOR COMPACT
(625 ILCS 5/6‑800) (from Ch. 95 1/2, par. 6‑800)
Sec. 6‑800.
The Nonresident Violator Compact, hereinafter referred to
as the Compact, is hereby enacted into law and entered into with all other
jurisdictions legally joining therein.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑801) (from Ch. 95 1/2, par. 6‑801)
Sec. 6‑801.
Findings, Declaration of Policy and Purpose.
(a) The party
jurisdictions find that:
1. In most instances, a motorist who is cited for a traffic violation
in a jurisdiction other than the motorist's home jurisdiction:
(i) Must post collateral or bond to secure appearance for trial at a later date; or
(ii) If unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or
(iii) Is taken directly to court for immediate disposition.
2. A motorist receiving a traffic citation in the motorist's home jurisdiction
is permitted, except for certain violations, to accept the citation from the
officer at the scene of the violation, voluntarily deposit a valid driver's
license and immediately continue after promising or being instructed to
comply with the terms of the citation.
3. The purpose of the practices described in subsections 1 and 2 of paragraph
(a) is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue after receiving the traffic citation,
could return to the motorist's home jurisdiction and disregard any duty
under the terms of the traffic citation.
4. The practice described in subsection 1 of paragraph (a) causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at
the time to post collateral, furnish a bond, stand trial, or pay the fine,
and thus is compelled to remain in custody until some arrangement can be made.
5. The deposit of a driver's license as a bail bond, as described in subsection
2 of paragraph (a), is viewed with disfavor.
6. The practices described herein consume an undue amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
1. Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of
the jurisdictions.
2. Allow a motorist to accept a traffic citation for certain violations
and proceed without delay whether or not the motorist is a resident of the
jurisdiction in which the citation was issued.
3. Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.
4. Maximize effective utilization of law enforcement personnel and assist
court systems in the efficient disposition of traffic violations.
(c) The purpose of the Compact is to:
1. Provide a means through which the party jurisdictions may participate
in a reciprocal program to effectuate the policies enumerated in paragraph
(b) above in a uniform and orderly manner.
2. Provide for the fair and impartial treatment of traffic violators operating
within party jurisdictions in recognition of the motorist's right of due
process and the sovereign status of a party jurisdiction.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑802) (from Ch. 95 1/2, par. 6‑802)
Sec. 6‑802.
Definitions.
In the Nonresident Violator Compact, the following
words have the meanings indicated, unless the context requires otherwise.
1. "Citation" means any summons, ticket, or other official document issued
by a police officer for a traffic violation containing an order which requires
the motorist to respond.
2. "Collateral" means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a citation
for a traffic violation.
3. "Court" means a court of law or traffic tribunal.
4. "Driver's license" means any license or privilege to operate a motor
vehicle issued under the laws of this State.
5. "Home Jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.
6. "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.
7. "Jurisdiction" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
8. "Motorist" means a driver of a motor vehicle operating in a party jurisdiction.
9. "Personal recognizance" means an agreement by a motorist made at the
time of issuance of the traffic citation that such motorist will comply
with the terms of that traffic citation.
10. "Police officer" means every officer authorized to make arrests and
issue citations for traffic violations.
11. "Secretary" means the Illinois Secretary of State.
12. "Terms of the citation" means those options expressly stated upon the citation.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑803) (from Ch. 95 1/2, par. 6‑803)
Sec. 6‑803.
Procedure for Issuing Jurisdiction.
(a) When issuing a citation
for a traffic violation, a police officer shall issue the citation
to a motorist who possesses a valid driver's license issued by a party
jurisdiction
and shall not, subject to the exceptions noted in Section 6‑306.4 of this
Code and paragraph (b) of this
Section require the motorist to post collateral to secure appearance, if
the officer receives the motorist's personal recognizance to comply with
the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law.
If mandatory appearance is required, it must take place according to law,
following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation,
the appropriate official shall report the failure to comply, in a manner
prescribed by the Secretary, to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be made in accordance
with procedures specified by the Secretary and shall contain information
as specified by the Secretary as minimum requirements for effective processing
by the home jurisdiction.
(d) Upon receipt of the report, the Secretary shall transmit to the licensing
authority in the home jurisdiction of the motorist the information in a
form and content as contained in the Compact Manual.
(e) The Secretary may not, except as provided under Section 6‑306.4 of
this Code, suspend the privileges of a motorist for whom
a report has been transmitted, under the terms of this Compact, to another
member jurisdiction.
(f) The Secretary shall not transmit a report on any violation if the
date of transmission is more than 6 months after the date on which the traffic
citation was issued.
(g) The Secretary shall not transmit a report on any violation where the
date of issuance of the citation predates the most recent of the effective
dates of entry for the two jurisdictions affected.
(Source: P.A. 84‑1231.)
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(625 ILCS 5/6‑804) (from Ch. 95 1/2, par. 6‑804)
Sec. 6‑804.
Procedure for Home Jurisdiction.
(a) Upon receipt of a
report of a failure to comply from the Secretary, the licensing authority
of the home jurisdiction shall notify the motorist and initiate a suspension
action in accordance with the home jurisdiction's procedures to suspend
the motorist's driver's license until satisfactory
evidence of compliance with the terms of the traffic citation has been furnished
to the Secretary. Due process safeguards will be accorded.
(b) The Secretary shall maintain a record of actions taken and make reports
to issuing jurisdictions as provided in the Compact Manual.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑805) (from Ch. 95 1/2, par. 6‑805)
Sec. 6‑805.
Applicability of Other Laws.
Except as expressly required
by provisions of this Compact, nothing contained herein shall be construed
to affect the right of any party jurisdiction to apply any of its other
laws relating to licenses to drive to any person or circumstance, or to
invalidate or prevent any driver license agreement or other cooperative
agreement between a party jurisdiction and a nonparty jurisdiction.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑806) (from Ch. 95 1/2, par. 6‑806)
Sec. 6‑806.
Compact Administrator Procedures.
(a) For the purpose of
administering the provisions of this Compact and to serve as a governing
body for the resolution of all matters relating to the operation of this
Compact, a Board of Compact Administrators is established. The Board shall
be composed of one representative from each party jurisdiction to be known
as the Compact Administrator. The Compact Administrator shall be appointed
by the Secretary and will serve and be subject to removal in accordance
with the laws of the jurisdiction represented. A Compact Administrator
may provide for the discharge of duties and the performance of the functions
as a Board Member to an alternate. An alternate may not be entitled to
serve unless written identification notice has been given to the Board.
(b) Each member of the Board of Compact Administrators shall be entitled
to one vote. No action of the Board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the Board are
cast in favor. Action by the Board shall be only at a meeting at which
a majority of the party jurisdictions are represented.
(c) The Board shall elect annually, from its membership, a Chairman and Vice Chairman.
(d) The Board shall adopt bylaws, not inconsistent with the provisions
of this Compact or the laws of a party jurisdiction, for the conduct of
its business and shall have the power to amend and rescind its bylaws.
(e) The Board may accept, for any of its purposes and functions under
this Compact, any and all donations, grants of money, equipment, supplies,
materials and services, conditional or otherwise, from any jurisdiction,
the United States, or any other governmental agency, and may receive, utilize
and dispose of the same.
(f) The Board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, person, firm, or corporation,
or any private nonprofit organization or institution.
(g) The Board shall formulate all necessary procedures and develop uniform
forms and documents for administering the provisions of this Compact. All
procedures and forms adopted pursuant to Board action shall be contained
in the Compact Manual.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑807) (from Ch. 95 1/2, par. 6‑807)
Sec. 6‑807.
Entry into Compact and Withdrawal.
(a) This Compact shall
become effective when it has been adopted by at least 2 jurisdictions.
(b) Entry into the Compact shall be made by a Resolution of Ratification
executed by the Secretary and submitted to the Chairman of the Board.
1. The resolution shall be in a form and content as provided in the Compact
Manual and shall include statements that in substance are as follows:
(i) A citation of the authority by which the jurisdiction is empowered
to become a party to this Compact.
(ii) Agreement to comply with the terms and provisions of the Compact.
(iii) That Compact entry is with all jurisdictions then party to the Compact
and with any jurisdiction that legally becomes a party to the Compact.
2. The effective date of entry shall be specified by the Secretary, but
it shall not be before July 1, 1984 nor fewer than 60 days after notice
has been given by the Chairman of the Board of Compact Administrators or
by the American Association of Motor Vehicle Administrators that each party
jurisdiction has received the Secretary's resolution.
A withdrawal shall not take effect until 90 days after notice of withdrawal
is given. The notice shall be directed to the Compact Administrator of
each member jurisdiction. No withdrawal shall affect the validity of this
Compact as to the remaining party jurisdictions.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑808) (from Ch. 95 1/2, par. 6‑808)
Sec. 6‑808.
Exceptions.
The provisions of this Compact shall not apply
to parking or standing violations, highway weight limit violations, or to
violations of law governing the transportation of hazardous materials.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑809) (from Ch. 95 1/2, par. 6‑809)
Sec. 6‑809.
Amendments to the Compact.
(a) This Compact may be amended
from time to time. Amendments shall be presented in resolution form to
the Chairman of the Board of Compact Administrators and may be initiated
by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions
and shall become effective 30 days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the Compact Chairman
within 12 days after receipt of the proposed amendment shall constitute endorsement.
(Source: P.A. 83‑385.)
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(625 ILCS 5/6‑810) (from Ch. 95 1/2, par. 6‑810)
Sec. 6‑810.
Construction.
This Compact shall be liberally construed
so as to effectuate the purposes stated herein.
If this Compact shall be held contrary to the Constitution of any jurisdiction
party thereto, the Compact shall remain in full force and effect as to the
remaining jurisdictions.
(Source: P.A. 83‑385.)
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(625 ILCS 5/Ch. 6 Art. IX heading)ARTICLE IX.
DRIVER'S LICENSE MEDICAL REVIEW LAW OF 1992
(625 ILCS 5/6‑900) (from Ch. 95 1/2, par. 6‑900)
Sec. 6‑900.
Short title.
This Article may be cited as the Driver's
License Medical Review Law of 1992.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑901) (from Ch. 95 1/2, par. 6‑901)
Sec. 6‑901.
Definitions.
For the purposes of this
Article:
"Board" means the Driver's License Medical Advisory Board.
"Medical examiner" or "medical practitioner" means any
person licensed to practice medicine in all its branches in
the State of Illinois.
(Source: P.A. 92‑703, eff. 7‑19‑02.)
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(625 ILCS 5/6‑902) (from Ch. 95 1/2, par. 6‑902)
Sec. 6‑902.
Driver's License Medical Advisory Board; membership; terms;
compensation; meetings.
(a) There is established within the Office of the Secretary of State a
Driver's License Medical Advisory Board consisting of at least 9 members
appointed by the Secretary. Members' terms of service shall be set by the
Secretary at his or her discretion. The members of the Board shall receive
compensation from the Secretary at a rate per day designated by the Secretary
for each day required for transacting business of the Board and shall be
reimbursed for expenses reasonably incurred in the performance of their duties.
The Secretary may also call in allied medical personnel to advise and consult
with the Board. The Secretary shall select one of the members to act as
Chairperson.
(b) The Board, or any of its subdivisions, may meet at any place within
the State and shall meet at the call of the Secretary as frequently as he
or she deems necessary in order to properly discharge the functions
prescribed by this Act.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑903) (from Ch. 95 1/2, par. 6‑903)
Sec. 6‑903.
Standard for determining medical limitation; records.
(a) The Secretary in cooperation with the Board shall establish standards
for determining the degree to which a person's medical condition
constitutes a limitation to the person's ability to operate a motor vehicle
or causes the person to be a driving hazard.
(b) The standards may include, but need not be limited to, the following:
(1) Physical disorders characterized by momentary or | ||
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(2) Disorders and impairments affecting the | ||
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(3) Musculoskeletal disabilities and disorders | ||
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(4) Vision and disorders affecting vision.
(5) The use of or dependence upon alcohol or drugs.
(6) The extent to which compensatory aids and | ||
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(7) Conditions or disorders that medically impair a | ||
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(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑904) (from Ch. 95 1/2, par. 6‑904)
Sec. 6‑904.
Referral of cases by the Secretary.
The Secretary shall,
when he or she has good cause to believe an individual by reason of a
medical limitation would not be able to operate a motor vehicle safely,
refer a case to the Board for consideration.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑905) (from Ch. 95 1/2, par. 6‑905)
Sec. 6‑905.
Medical evaluations of individuals under review; scope of
driving privileges; report to the Secretary.
(a) Within the scope of the case request, as sent by the Secretary, a
function of the Board shall be to make medical evaluations of the
individual under review and determine what medical conditions exist that
may impair the individual's ability to operate a motor vehicle safely.
(b) Based on the medical evaluations and determination under subsection (a)
and in accordance with established standards, the Board shall, among other
things, indicate the scope of driving privileges that would enable the
individual under review to operate a motor vehicle safely, including the extent
to which compensatory aids and devices must be used and the need for ongoing
review or evaluation.
(c) The findings, determination, and recommendations of the Board or its
subdivisions shall be forwarded to the Secretary who shall then take the
action in accordance with the Board's recommendation.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑906) (from Ch. 95 1/2, par. 6‑906)
Sec. 6‑906.
Request for a hearing.
(a) After utilizing all possible review by the Board under this Act or
any regulation promulgated by the Secretary, any person who has their
driver's license restricted or canceled or is otherwise denied a license has
a right to request a hearing under Section 2‑118 of this Code. The request for
a hearing shall be in writing.
(b) The Secretary shall prescribe by rule and regulation the procedures
to be followed at the hearing.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑907) (from Ch. 95 1/2, par. 6‑907)
Sec. 6‑907.
Cooperation required of person under review.
(a) In making an inquiry or conducting a hearing the Secretary or Board
may require the person under review to:
(1) Submit to a medical examination by a medical | ||
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(2) Submit to a medical examination by an impartial | ||
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(3) Consent to make available to the Secretary or | ||
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(b) Any person under review who refuses to submit to an examination or to
consent to provide information, or both, shall as a matter of law be
considered unqualified to operate a motor vehicle until the individual
complies with the Secretary's or Board's request and the Board is able to
make its findings and recommendations, at which time the findings and
recommendations shall control.
(c) The results of any examination ordered or conducted by the Secretary
or the Board shall be made available to the individual under review.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑908) (from Ch. 95 1/2, par. 6‑908)
Sec. 6‑908.
Confidential information.
As provided in subsection (j) of
Section 2‑123 of this Code, all information furnished to the Secretary or
Board, the results of all examinations made at their direction, and all medical
findings of the Board shall be confidential and for the sole use of the Board
and the Secretary which may have access to the same for the purposes as set
forth in this Act. No confidential information may be open to public
inspection or the contents disclosed to anyone, except the person under review
and then only to the extent necessary to comply with a request for discovery
during the hearing process, unless so directed by a court of competent
jurisdiction.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑909) (from Ch. 95 1/2, par. 6‑909)
Sec. 6‑909.
Rules and regulations; review under Administrative Review
Law. The Secretary, in cooperation with the Board, shall administer and
enforce this Act and shall have the power to make and institute reasonable
rules and regulations as necessary to carry out the provisions of this Act.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑910) (from Ch. 95 1/2, par. 6‑910)
Sec. 6‑910.
Liability of persons for information supplied to Board or
Secretary. No member of the Board, medical practitioner, clinic, hospital, or
mental institution, whether public or private, shall be liable or subject
to criminal or civil action for any opinions, findings, or recommendations,
or for any information supplied to the Secretary or the Board regarding
persons under review, or for reports required by this Act, except for
willful and wanton misconduct.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑911) (from Ch. 95 1/2, par. 6‑911)
Sec. 6‑911.
Information submitted by medical practitioners; police
officers; State's attorneys; or members of the judiciary. Any qualified
medical practitioner, commissioned police officer, State's attorney, or
member of the judiciary acting in his or her official capacity may submit
information to the Secretary relative to the medical condition of a
person, including suspected chronic alcoholism or habitual use of
narcotics or dangerous drugs, if the condition interferes with the person's
ability to operate a motor vehicle safely. Persons reporting under this
Section shall enjoy the same immunities granted members of the Board under
Section 6‑910.
(Source: P.A. 87‑1249.)
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(625 ILCS 5/6‑912) (from Ch. 95 1/2, par. 6‑112)
Sec. 6‑912.
Severability.
The provisions of this Article are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 87‑1249.)
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