(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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any member of the Armed Forces of the United States, while operating a motor vehicle owned by or leased to the United States Government and being operated on official business need not be licensed;
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2. A nonresident who has in his immediate
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possession a valid license issued to him in his home state or country may operate a motor vehicle for which he is licensed for the period during which he is in this State;
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3. A nonresident and his spouse and children living
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with him who is a student at a college or university in Illinois who have a valid license issued by their home State.
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4. A person operating a road machine temporarily
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upon a highway or operating a farm tractor between the home farm buildings and any adjacent or nearby farm land for the exclusive purpose of conducting farm operations need not be licensed as a driver.
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5. A resident of this State who has been serving as
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a member of the Armed Forces of the United States outside the Continental limits of the United States, for a period of 45 days following his return to the continental limits of the United States.
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6. A nonresident on active duty in the Armed Forces
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of the United States who has a valid license issued by his home state and such nonresident's spouse, and dependent children and living with parents, who have a valid license issued by their home state.
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7. A nonresident who becomes a resident of this
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State, may for a period of the first 90 days of residence in Illinois operate any motor vehicle which he was qualified or licensed to drive by his home state or country so long as he has in his possession, a valid and current license issued to him by his home state or country. Upon expiration of such 90 day period, such new resident must comply with the provisions of this Act and apply for an Illinois license or permit.
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8. An engineer, conductor, brakeman, or any other
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member of the crew of a locomotive or train being operated upon rails, including operation on a railroad crossing over a public street, road or highway. Such person is not required to display a driver's license to any law enforcement officer in connection with the operation of a locomotive or train within this State.
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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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of 18 years except as provided in Section 6‑107, and except that an instruction permit may be issued under Section 6‑107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1‑103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6‑107.1 to a child who is 17 years and 9 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 6 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
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2. To any person who is under the age of 18 as an
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operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6‑107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation and successfully completes the required Secretary of State's motorcycle driver's examination;
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3. To any person, as a driver, whose driver's
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license or permit has been suspended, during the suspension, nor to any person whose driver's license or permit has been revoked, except as provided in Sections 6‑205, 6‑206, and 6‑208;
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4. To any person, as a driver, who is a user of
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alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;
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5. To any person, as a driver, who has previously
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been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
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6. To any person, as a driver, who is required by
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the Secretary of State to submit an alcohol and drug evaluation or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
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7. To any person who is required under the
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provisions of the laws of this State to deposit security or proof of financial responsibility and who has not deposited the security or proof;
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8. To any person when the Secretary of State has
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good cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
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9. To any person, as a driver, who is 69 years of
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age or older, unless the person has successfully complied with the provisions of Section 6‑109;
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10. To any person convicted, within 12 months of
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application for a license, of any of the sexual offenses enumerated in paragraph 2 of subsection (b) of Section 6‑205;
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11. To any person who is under the age of 21 years
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with a classification prohibited in paragraph (b) of Section 6‑104 and to any person who is under the age of 18 years with a classification prohibited in paragraph (c) of Section 6‑104;
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12. To any person who has been either convicted of
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or adjudicated under the Juvenile Court Act of 1987 based upon a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. The Secretary of State shall not issue a new license or permit for a period of one year;
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13. To any person who is under the age of 18 years
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and who has committed the offense of operating a motor vehicle without a valid license or permit in violation of Section 6‑101;
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14. To any person who is 90 days or more delinquent
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in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days' obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
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15. To any person released from a term of
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imprisonment for violating Section 9‑3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide or for violating subparagraph (F) of paragraph (1) of subsection (d) of Section 11‑501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, within 24 months of release from a term of imprisonment;
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16. To any person who, with intent to influence any
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act related to the issuance of any driver's license or permit, by an employee of the Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or permit for 120 consecutive days. The Secretary of State shall establish by rule the procedures for implementing this period of disqualification and the procedures by which persons so disqualified may obtain administrative review of the decision to disqualify; or
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17. To any person for whom the Secretary of State
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cannot verify the accuracy of any information or documentation submitted in application for a driver's license.
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The Secretary of State shall retain all conviction
information, if the information is required to be held confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 93‑174, eff. 1‑1‑04; 93‑712, eff. 1‑1‑05; 93‑783, eff. 1‑1‑05; 93‑788, eff. 1‑1‑05; 93‑895, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.)
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(625 ILCS 5/6‑106.1) (from Ch. 95 1/2, par. 6‑106.1)
Sec. 6‑106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the
Department of
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on the effective date of this Act possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Department of
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
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license issued by the Secretary of State;
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3. possess a valid driver's license, which has not
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been revoked, suspended, or canceled for 3 years immediately prior to the date of application, or have not had his or her commercial motor vehicle driving privileges disqualified within the 3 years immediately prior to the date of application;
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4. successfully pass a written test, administered by
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the Secretary of State, on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant's driving habits by the Secretary of State at the time the written test is given;
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5. demonstrate ability to exercise reasonable care in
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the operation of school buses in accordance with rules promulgated by the Secretary of State;
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6. demonstrate physical fitness to operate school
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buses by submitting the results of a medical examination, including tests for drug use for each applicant not subject to such testing pursuant to federal law, conducted by a licensed physician, an advanced practice nurse who has a written collaborative agreement with a collaborating physician which authorizes him or her to perform medical examinations, or a physician assistant who has been delegated the performance of medical examinations by his or her supervising physician within 90 days of the date of application according to standards promulgated by the Secretary of State;
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7. affirm under penalties of perjury that he or she
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has not made a false statement or knowingly concealed a material fact in any application for permit;
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8. have completed an initial classroom course,
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including first aid procedures, in school bus driver safety as promulgated by the Secretary of State; and after satisfactory completion of said initial course an annual refresher course; such courses and the agency or organization conducting such courses shall be approved by the Secretary of State; failure to complete the annual refresher course, shall result in cancellation of the permit until such course is completed;
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9. not have been convicted of 2 or more serious
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traffic offenses, as defined by rule, within one year prior to the date of application that may endanger the life or safety of any of the driver's passengers within the duration of the permit period;
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10. not have been convicted of reckless driving,
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driving while intoxicated, or reckless homicide resulting from the operation of a motor vehicle within 3 years of the date of application;
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11. not have been convicted of committing or
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attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 9‑1, 9‑1.2, 9‑2, 9‑2.1, 9‑3, 9‑3.2, 9‑3.3, 10‑1, 10‑2, 10‑3.1, 10‑4, 10‑5, 10‑6, 10‑7, 11‑6, 11‑9, 11‑9.1, 11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑18, 11‑19, 11‑19.1, 11‑19.2, 11‑20, 11‑20.1, 11‑21, 11‑22, 12‑3.1, 12‑4.1, 12‑4.2, 12‑4.3, 12‑4.4, 12‑4.5, 12‑6, 12‑6.2, 12‑7.1, 12‑7.3, 12‑7.4, 12‑11, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 12‑16.2, 12‑21.5, 12‑21.6, 12‑33, 18‑1, 18‑2, 18‑3, 18‑4, 18‑5, 20‑1, 20‑1.1, 20‑2, 24‑1, 24‑1.1, 24‑1.2, 24‑3.3, 31A‑1, 31A‑1.1, and 33A‑2, and in subsection (a) and subsection (b), clause (1), of Section 12‑4 of the Criminal Code of 1961; (ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act; (iii) those offenses defined in the Illinois Controlled Substances Act; (iv) those offenses defined in the Methamphetamine Control and Community Protection Act; (v) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses; (vi) the offenses defined in Section 4.1 and 5.1 of the Wrongs to Children Act and (vii) those offenses defined in Section 6‑16 of the Liquor Control Act of 1934;
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12. not have been repeatedly involved as a driver in
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motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree which indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
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13. not have, through the unlawful operation of a
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motor vehicle, caused an accident resulting in the death of any person; and
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14. not have, within the last 5 years, been adjudged
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to be afflicted with or suffering from any mental disability or disease.
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(b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, social
security number and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre‑employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Department of State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre‑employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the
Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre‑employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Department of State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
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driver permit of an applicant whose criminal background investigation discloses that he or she is not in compliance with the provisions of subsection (a) of this Section.
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(2) The Secretary of State shall cancel a school bus
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driver permit when he or she receives notice that the permit holder fails to comply with any provision of this Section or any rule promulgated for the administration of this Section.
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(3) The Secretary of State shall cancel a school bus
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driver permit if the permit holder's restricted commercial or commercial driving privileges are withdrawn or otherwise invalidated.
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(4) The Secretary of State may not issue a school bus
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driver permit for a period of 3 years to an applicant who fails to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
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(5) The Secretary of State shall forthwith suspend a
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school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
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The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2‑118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3‑14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6‑106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(Source: P.A. 93‑895, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.)
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(625 ILCS 5/6‑106.1a)
Sec. 6‑106.1a.
Cancellation of school bus driver permit; trace of alcohol.
(a) A person who has been issued a school bus driver permit by the Secretary
of State in accordance with Section 6‑106.1 of this Code and who drives or is
in actual physical control of a school bus
or any other vehicle owned or operated by or for a public or private
school, or a school operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the transportation of persons
enrolled as students in grade 12 or below, in connection with any activity of
the entities listed, upon the public highways of this State shall be
deemed to have given consent to a chemical test or tests of blood, breath, or
urine for the purpose of determining the alcohol content of the person's blood
if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation of this
Code or a similar provision of a local ordinance, if a police officer
has probable cause to believe that the driver has consumed any amount of an
alcoholic beverage based upon evidence of the driver's physical condition
or other first hand knowledge of the police officer. The test or tests shall
be administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the aforesaid tests shall
be administered. A urine test may be administered even after a blood or breath
test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following provisions:
(1) Chemical analysis of the person's blood, urine, |
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breath, or other substance, to be considered valid under the provisions of this Section, shall have been performed according to standards promulgated by the Department of State Police by an individual possessing a valid permit issued by the Department of State Police for this purpose. The Director of State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, to issue permits that shall be subject to termination or revocation at the direction of the Department of State Police, and to certify the accuracy of breath testing equipment. The Department of State Police shall prescribe rules as necessary.
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(2) When a person submits to a blood test at the
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request of a law enforcement officer under the provisions of this Section, only a physician authorized to practice medicine, a registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician may withdraw blood for the purpose of determining the alcohol content. This limitation does not apply to the taking of breath or urine specimens.
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(3) The person tested may have a physician,
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qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any test or tests administered at the direction of a law enforcement officer. The test administered at the request of the person may be admissible into evidence at a hearing conducted in accordance with Section 2‑118 of this Code. The failure or inability to obtain an additional test by a person shall not preclude the consideration of the previously performed chemical test.
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(4) Upon a request of the person who submits to a
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chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or that person's attorney by the requesting law enforcement agency within 72 hours of receipt of the test result.
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(5) Alcohol concentration means either grams of
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alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
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(6) If a driver is receiving medical treatment as a
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result of a motor vehicle accident, a physician licensed to practice medicine, registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol upon the specific request of a law enforcement officer. However, that testing shall not be performed until, in the opinion of the medical personnel on scene, the withdrawal can be made without interfering with or endangering the well‑being of the patient.
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(c) A person requested to submit to a test as provided in this Section shall
be warned
by the law enforcement officer requesting the test that a refusal to submit to
the test, or
submission to the test resulting in an alcohol concentration of more than 0.00,
may result
in the loss of that person's privilege to possess a school bus driver
permit. The loss of the individual's privilege to possess a school bus driver
permit shall be imposed in accordance with Section 6‑106.1b of this Code.
(d) If the person refuses testing or submits to a test that discloses an
alcohol concentration of more than 0.00, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on a form
prescribed by the Secretary of State certifying that the test or tests were
requested under subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol concentration of more
than 0.00. The law enforcement officer shall submit the same sworn report when
a person who has been issued a school bus driver permit and who was operating a
school bus or any other vehicle owned
or operated by or for a public or private school, or a school operated by a
religious institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as students in grade
12 or below, in connection with
any activity of the entities listed, submits to testing under Section 11‑501.1
of this Code and the testing discloses an alcohol concentration of more than
0.00 and less than the alcohol concentration at which driving or being in
actual physical control of a motor vehicle is prohibited under paragraph (1) of
subsection (a) of Section 11‑501.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the school bus driver permit sanction on the
individual's driving record and the sanction shall be effective on the
46th day following the date notice of the sanction was given to the person.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this school bus driver permit sanction on the person and the sanction
shall be effective on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than 0.00 is
established by a subsequent analysis of blood or urine, the police officer or
arresting agency shall give notice as provided in this Section or by deposit in
the United States mail of that notice in an envelope with postage prepaid and
addressed to that person at his or her last known address and the loss of the
school
bus driver permit shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall also give notice of the school bus driver permit sanction to the
driver and the driver's current employer by mailing a notice of the effective
date of the sanction to the individual. However, shall the sworn report be
defective by not containing sufficient information or be completed in error,
the notice of the school bus driver permit sanction may not be mailed to the
person or his current employer or entered to the driving record,
but rather the sworn report shall be returned to the issuing law enforcement
agency.
(e) A driver may contest this school bus driver permit sanction by
requesting an administrative hearing with the Secretary of State in accordance
with Section 2‑118 of this Code. An individual whose blood alcohol
concentration is shown to be more than 0.00 is not subject to this Section if
he or she consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is shown to be more
than 0.00 shall not be subject to this Section if the individual's blood
alcohol concentration resulted only from ingestion of the prescribed or
recommended dosage of medicine that contained alcohol. The petition for that
hearing shall not stay or delay the effective date of the impending suspension.
The scope of this hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to
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believe that the person was driving or in actual physical control of a school bus or any other vehicle owned or operated by or for a public or private school, or a school operated by a religious institution, when the vehicle is being used over a regularly scheduled route for the transportation of persons enrolled as students in grade 12 or below, in connection with any activity of the entities listed, upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of this Code or a similar provision of a local ordinance; and
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(2) whether the person was issued a Uniform Traffic
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Ticket for any violation of this Code or a similar provision of a local ordinance; and
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(3) whether the police officer had probable cause to
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believe that the driver had consumed any amount of an alcoholic beverage based upon the driver's physical actions or other first‑hand knowledge of the police officer; and
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(4) whether the person, after being advised by the
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officer that the privilege to possess a school bus driver permit would be canceled if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's alcohol concentration; and
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(5) whether the person, after being advised by the
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officer that the privileges to possess a school bus driver permit would be canceled if the person submits to a chemical test or tests and the test or tests disclose an alcohol concentration of more than 0.00 and the person did submit to and complete the test or tests that determined an alcohol concentration of more than 0.00; and
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(6) whether the test result of an alcohol
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concentration of more than 0.00 was based upon the person's consumption of alcohol in the performance of a religious service or ceremony; and
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(7) whether the test result of an alcohol
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concentration of more than 0.00 was based upon the person's consumption of alcohol through ingestion of the prescribed or recommended dosage of medicine.
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The Secretary of State may adopt administrative rules setting forth
circumstances under which the holder of a school bus driver permit is not
required to
appear in
person at the hearing.
Provided that the petitioner may subpoena the officer, the hearing may be
conducted upon a review of the law enforcement officer's own official
reports. Failure of the officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under Section 2‑118 of this
Code, the Secretary of State may rescind, continue, or modify
the school bus driver permit sanction.
(f) The results of any chemical testing performed in accordance with
subsection (a) of this Section are not admissible in any civil or criminal
proceeding, except that the results
of the testing may be considered at a hearing held under Section 2‑118 of this
Code. However, the results of the testing may not be used to impose
driver's license sanctions under Section 11‑501.1 of this Code. A law
enforcement officer may, however, pursue a statutory summary suspension of
driving privileges under Section 11‑501.1 of this Code if other physical
evidence or first hand knowledge forms the basis of that suspension.
(g) This Section applies only to drivers who have been issued a school bus
driver permit in accordance with Section 6‑106.1 of this Code at the time of
the issuance of the Uniform Traffic Ticket for a violation of this
Code or a similar provision of a local ordinance, and a chemical test
request is made under this Section.
(h) The action of the Secretary of State in suspending, revoking, canceling,
or denying any license, permit, registration, or certificate of title shall be
subject to judicial review in the Circuit Court of Sangamon County or in the
Circuit Court of Cook County, and the provisions of the Administrative Review
Law and its rules are hereby adopted and shall apply to and govern every
action for the judicial review of final acts or decisions of the Secretary of
State under this Section.
(Source: P.A. 90‑107, eff. 1‑1‑98; 91‑124, eff. 7‑16‑99; 91‑828, eff. 1‑1‑01.)
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(625 ILCS 5/6‑107) (from Ch. 95 1/2, par. 6‑107)
(Text of Section from P.A. 94‑239)
Sec. 6‑107. Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle accidents,
fatalities,
and injuries by:
(1) providing for an increase in the time of
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practice period before granting permission to obtain a driver's license;
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(2) strengthening driver licensing and testing
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standards for persons under the age of 21 years;
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(3) sanctioning driving privileges of drivers under
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age 21 who have committed serious traffic violations or other specified offenses; and
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(4) setting stricter standards to promote the
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public's health and safety.
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(b) The application of any person under
the age of 18 years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of
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(2) Passed an approved driver education course and
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submits proof of having passed the course as may be required.
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(3) certification by the parent, legal guardian, or
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responsible adult that the applicant has had a minimum of 25 hours of behind‑the‑wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle.
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(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6‑101 of this Code
and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6‑205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act or the Illinois Controlled
Substances Act, while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act or Section 410 of the Illinois
Controlled Substances Act shall not be considered convicted. Any person found
guilty of this offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that this offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 6 months to any
applicant
under
the
age of 18 years who has been convicted of any offense defined as a serious
traffic violation in this Code or
a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12‑603 of this Code.
(f) No graduated driver's license holder under the age of 18 shall operate a
motor vehicle unless each driver and passenger under the
age of 18 is wearing a properly adjusted and fastened seat safety belt and each child under the age of 8 is protected as required under the Child Passenger Protection Act.
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 6 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step‑siblings, children, or stepchildren of the driver.
(Source: P.A. 93‑101, eff. 1‑1‑04; 93‑788, eff. 1‑1‑05; 94‑239, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑241)
Sec. 6‑107. Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle accidents,
fatalities,
and injuries by:
(1) providing for an increase in the time of
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practice period before granting permission to obtain a driver's license;
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(2) strengthening driver licensing and testing
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standards for persons under the age of 21 years;
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(3) sanctioning driving privileges of drivers under
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age 21 who have committed serious traffic violations or other specified offenses; and
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(4) setting stricter standards to promote the
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public's health and safety.
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(b) The application of any person under
the age of 18 years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of
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(2) Passed an approved driver education course and
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submits proof of having passed the course as may be required.
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(3) certification by the parent, legal guardian, or
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responsible adult that the applicant has had a minimum of 25 hours of behind‑the‑wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle.
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(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6‑101 of this Code
and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6‑205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act or the Illinois Controlled
Substances Act, while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act or Section 410 of the Illinois
Controlled Substances Act shall not be considered convicted. Any person found
guilty of this offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that this offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 6 months to any
applicant
under
the
age of 18 years who has been convicted of any offense defined as a serious
traffic violation in this Code or
a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12‑603 of this Code.
(f) No graduated driver's license holder under the age of 18 shall operate a
motor vehicle unless each driver and front or back seat passenger under the
age of 19 is wearing a properly adjusted and fastened seat safety belt.
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 6 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step‑siblings, children, or stepchildren of the driver.
(Source: P.A. 93‑101, eff. 1‑1‑04; 93‑788, eff. 1‑1‑05; 94‑241, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑556)
Sec. 6‑107. Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle accidents,
fatalities,
and injuries by:
(1) providing for an increase in the time of
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practice period before granting permission to obtain a driver's license;
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(2) strengthening driver licensing and testing
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standards for persons under the age of 21 years;
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(3) sanctioning driving privileges of drivers under
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age 21 who have committed serious traffic violations or other specified offenses; and
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(4) setting stricter standards to promote the
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public's health and safety.
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(b) The application of any person under
the age of 18 years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of
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(2) Passed an approved driver education course and
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submits proof of having passed the course as may be required.
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(3) certification by the parent, legal guardian, or
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responsible adult that the applicant has had a minimum of 25 hours of behind‑the‑wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle.
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(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6‑101 of this Code
and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6‑205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found
guilty of this offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that this offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 6 months to any
applicant
under
the
age of 18 years who has been convicted of any offense defined as a serious
traffic violation in this Code or
a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12‑603 of this Code.
(f) No graduated driver's license holder under the age of 18 shall operate a
motor vehicle unless each driver and front or back seat passenger under the
age of 18 is wearing a properly adjusted and fastened seat safety belt.
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 6 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step‑siblings, children, or stepchildren of the driver.
(Source: P.A. 93‑101, eff. 1‑1‑04; 93‑788, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.)
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(625 ILCS 5/6‑107.1)
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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shall be valid for a period of 24 months after the date of its issuance and shall be restricted, by the Secretary of State, to the operation of a motor vehicle by the minor only when accompanied by the adult instructor of a driver education program during enrollment in the program or when practicing with a parent, legal guardian, family member, or a person in loco parentis who is 21 years of age or more, has a license classification to operate such vehicle and at least one year of driving experience, and who is occupying a seat beside the driver.
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(2) A 24 month instruction permit for a motor driven
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cycle may be issued to a person 16 or 17 years of age and entitles the holder to drive upon the highways during daylight under direct supervision of a licensed motor driven cycle operator or motorcycle operator 21 years of age or older who has a license classification to operate such motor driven cycle or motorcycle and at least one year of driving experience.
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(3) A 24 month instruction permit for a motorcycle
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other than a motor driven cycle may be issued to a person 16 or 17 years of age in accordance with the provisions of paragraph 2 of Section 6‑103 and entitles a holder to drive upon the highways during daylight under the direct supervision of a licensed motorcycle operator 21 years of age or older who has at least one year of driving experience.
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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 5/6‑108) (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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who consented to the application of the minor that the license or permit be cancelled;
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2. Upon receipt of satisfactory evidence of the
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death of the person who consented to the application of the minor;
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3. Upon receipt of satisfactory evidence that the
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person who consented to the application of a minor no longer has legal custody of the minor.
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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 5/6‑113) (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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to the operation of a motor vehicle while under the influence of intoxicating liquor or narcotic drugs;
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3. Violation of Section 11‑401 of this Act relating
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to the offense of leaving the scene of a traffic accident involving death or injury; or
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4. Violation of Section 11‑504 of this Act relating
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to the offense of drag racing;
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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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operated a motor vehicle during daylight hours for a period of 12 months using vision aid arrangements other than standard eyeglasses or contact lenses.
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2. Have a driving record that does not include any
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traffic accidents that occurred during nighttime hours, for which the driver has been found to be at fault, during the 12 months before he or she applied for the special restricted license.
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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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traffic accidents that occurred during nighttime hours, for which the driver has been found to be at fault, during the 12 months before he or she applied for the special restricted license.
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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 5/6‑117) (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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for issuance or renewal of a driver's license or identification card who is 18 years of age or older, the opportunity to have his or her name included in the First Person Consent organ and tissue donor registry. The Secretary must advise the applicant or licensee that he or she is under no compulsion to have his or her name included in the registry. An individual who agrees to having his or her name included in the First Person Consent organ and tissue donor registry has given full legal consent to the donation of any of his or her organs or tissue upon his or her death. A brochure explaining this method of executing an anatomical gift must be given to each applicant for issuance or renewal of a driver's license or identification card. The brochure must advise the applicant or licensee (i) that he or she is under no compulsion to have his or her name included in this registry and (ii) that he or she may wish to consult with family, friends, or clergy before doing so.
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(2) The Secretary of State may establish
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additional methods by which an individual may have his or her name included in the First Person Consent organ and tissue donor registry.
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(3) When an individual has agreed to have his or
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her name included in the First Person Consent organ and tissue donor registry, the Secretary of State shall note that agreement in the First Person consent organ and tissue donor registry. Representatives of federally designated organ procurement agencies and tissue banks may inquire of the Secretary of State whether a potential organ donor's name is included in the First Person Consent organ and tissue donor registry, and the Secretary of State may provide that information to the representative.
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(4) An individual may withdraw his or her
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consent to be listed in the First Person Consent organ and tissue donor registry maintained by the Secretary of State by notifying the Secretary of State in writing, or by any other means approved by the Secretary, of the individual's decision to have his or her name removed from the registry.
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(5) The Secretary of State may undertake
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additional efforts, including education and awareness activities, to promote organ and tissue donation.
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(6) In the absence of gross negligence or
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willful misconduct, the Secretary of State and his or her employees are immune from any civil or criminal liability in connection with an individual's consent to be listed in the organ and tissue donor registry.
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(Source: P.A. 94‑75, eff. 1‑1‑06.)
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(625 ILCS 5/6‑118) (from Ch. 95 1/2, par. 6‑118)
Sec. 6‑118. Fees.
(a) The fee for licenses and permits under this
Article is as follows:
Original driver's license..............................$10
Original or renewal driver's license
issued to 18, 19 and 20 year olds....................5
All driver's licenses for persons
age 69 through age 80................................5
All driver's licenses for persons
age 81 through age 86................................2
All driver's licenses for persons
age 87 or older......................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)...................................10
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license....................................20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal....................5
Any instruction permit issued to a person
age 69 and older.....................................5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois.........................................10
Restricted driving permit................................8
Duplicate or corrected driver's license
or permit............................................5
Duplicate or corrected restricted
driving permit.......................................5
Original or renewal M or L endorsement...................5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits |
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under Article V shall be as follows:
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Commercial driver's license:
$6 for the CDLIS/AAMVAnet Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:...............................$60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:...................................$60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification.....................$50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction..........................$5
CDL duplicate or corrected license......................$5
In order to ensure the proper implementation of the Uniform Commercial
Driver License Act, Article V of this Chapter, the Secretary of State is
empowered to pro‑rate the $24 fee for the commercial driver's license
proportionate to the expiration date of the applicant's Illinois driver's
license.
The fee for any duplicate license or permit shall be waived for any
person age 60 or older who presents the Secretary of State's office with a
police report showing that his license or permit was stolen.
No additional fee shall be charged for a driver's license, or for a
commercial driver's license, when issued
to the holder of an instruction permit for the same classification or
type of license who becomes eligible for such
license.
(b) Any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked under any
provision of
Chapter 6, Chapter 11, or Section 7‑205, 7‑303, or 7‑702 of the Family
Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Summary suspension under Section 11‑501.1............$250
Other suspension.......................................$70
Revocation............................................$500
However, any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked for a second or subsequent time
for a violation of Section 11‑501 or 11‑501.1
of this Code or a similar provision of a local ordinance
or a similar out‑of‑state offense
or Section 9‑3 of the Criminal Code of 1961
and each suspension or revocation was for a violation of Section 11‑501 or
11‑501.1 of this Code or a similar provision of a local ordinance
or a similar out‑of‑state offense
or Section
9‑3 of the Criminal Code of 1961
shall pay, in addition to any other
fees required by this Code, a
reinstatement
fee as follows:
Summary suspension under Section 11‑501.1.............$500
Revocation............................................$500
(c) All fees collected under the provisions of this Chapter 6 shall be
paid into the Road Fund in the State Treasury except as follows:
1. The following amounts shall be paid into the
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(A) $16 of the $20 fee for an original driver's
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(B) $5 of the $10 fee for an original driver's
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(C) $5 of the $10 fee for a 4 year renewal
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(D) $4 of the $8 fee for a restricted driving
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2. $30 of the $250 fee for reinstatement of a
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license summarily suspended under Section 11‑501.1 shall be deposited into the Drunk and Drugged Driving Prevention Fund. However, for a person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11‑501 or 11‑501.1 of this Code or Section 9‑3 of the Criminal Code of 1961, $190 of the $500 fee for reinstatement of a license summarily suspended under Section 11‑501.1, and $190 of the $500 fee for reinstatement of a revoked license shall be deposited into the Drunk and Drugged Driving Prevention Fund.
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3. $6 of such original or renewal fee for a
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commercial driver's license and $6 of the commercial driver instruction permit fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet Trust Fund.
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4. $30 of the $70 fee for reinstatement of a license
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suspended under the Family Financial Responsibility Law shall be paid into the Family Responsibility Fund.
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5. The $5 fee for each original or renewal M or L
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endorsement shall be deposited into the Cycle Rider Safety Training Fund.
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6. $20 of any original or renewal fee for a
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commercial driver's license or commercial driver instruction permit shall be paid into the Motor Carrier Safety Inspection Fund.
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7. The following amounts shall be paid into the
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(A) $190 of the $250 reinstatement fee for a
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summary suspension under Section 11‑501.1;
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(B) $40 of the $70 reinstatement fee for any
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other suspension provided in subsection (b) of this Section; and
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(C) $440 of the $500 reinstatement fee for a
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first offense revocation and $310 of the $500 reinstatement fee for a second or subsequent revocation.
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(Source: P.A. 92‑458, eff. 8‑22‑01; 93‑32, eff. 1‑1‑04; 93‑788, eff. 1‑1‑05.)
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