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2005 Illinois 625 ILCS 5/      Illinois Vehicle Code. Article V - Commercial Motor Vehicle Operators


      (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
    
breath; or
        (B) the number of grams of alcohol per 100
    
milliliters of blood; or
        (C) the number of grams of alcohol per 67
    
milliliters of urine.
    Alcohol tests administered within 2 hours of the driver being "stopped or detained" shall be considered that driver's "alcohol concentration" for the purposes of enforcing this UCDLA.
    (3) (Blank).
    (4) (Blank).
    (5) (Blank).
    (6) Commercial Motor Vehicle.
        (A) "Commercial motor vehicle" or "CMV" means a
    
motor vehicle, except those referred to in subdivision (B), designed to transport passengers or property if:
            (i) the vehicle has a GVWR of 26,001 pounds or
        
more or such a lesser GVWR as subsequently determined by federal regulations or the Secretary of State; or any combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR of any vehicle or vehicles being towed is 10,001 pounds or more; or
            (ii) the vehicle is designed to transport 16 or
        
more persons; or
            (iii) the vehicle is transporting hazardous
        
materials and is required to be placarded in accordance with 49 C.F.R. Part 172, subpart F.
        (B) Pursuant to the interpretation of the Commercial
    
Motor Vehicle Safety Act of 1986 by the Federal Highway Administration, the definition of "commercial motor vehicle" does not include:
            (i) recreational vehicles, when operated
        
primarily for personal use;
            (ii) United States Department of Defense
        
vehicles being operated by non‑civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part‑time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or
            (iii) firefighting and other emergency equipment
        
with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.
    (7) Controlled Substance. "Controlled substance" shall have the same meaning as defined in Section 102 of the Illinois Controlled Substances Act, and shall also include cannabis as defined in Section 3 of the Cannabis Control Act.
    (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
    
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. of the Federal Motor Carrier Safety Administration.
        (ii) to an individual domiciled in another state
    
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. of the Federal Motor Carrier Safety Administration.
    (24) (Blank).
    (25) (Blank).
    (25.5) Railroad‑Highway Grade Crossing Violation. "Railroad‑highway grade crossing violation" means a violation, while operating a commercial motor vehicle, of any of the following:
            (A) Section 11‑1201, 11‑1202, or 11‑1425 of this
        
Code.
            (B) Any other similar law or local ordinance of
        
any state relating to railroad‑highway grade crossing.
    (25.7) School Bus. "School bus" means a commercial motor vehicle used to transport pre‑primary, primary, or secondary school students from home to school, from school to home, or to and from school‑sponsored events. "School bus" does not include a bus used as a common carrier.
    (26) Serious Traffic Violation. "Serious traffic violation" means:
        (A) a conviction when operating a commercial motor
    
vehicle, or when operating a non‑CMV while holding a CDL, of:
            (i) a violation relating to excessive speeding,
        
involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or
            (ii) a violation relating to reckless driving; or
            (iii) a violation of any State law or local
        
ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; or
            (iv) a violation of Section 6‑501, relating to
        
having multiple driver's licenses; or
            (v) a violation of paragraph (a) of Section
        
6‑507, relating to the requirement to have a valid CDL; or
            (vi) a violation relating to improper or erratic
        
traffic lane changes; or
            (vii) a violation relating to following another
        
vehicle too closely; or
        (B) any other similar violation of a law or local
    
ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.
    (27) State. "State" means a state of the United States, the District of Columbia and any province or territory of Canada.
    (28) (Blank).
    (29) (Blank).
    (30) (Blank).
    (31) (Blank).
(Source: P.A. 94‑307, eff. 9‑30‑05.)
 
    (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
    
breath; or
        (B) the number of grams of alcohol per 100
    
milliliters of blood; or
        (C) the number of grams of alcohol per 67
    
milliliters of urine.
    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
    
vehicle, except those referred to in subdivision (B), designed to transport passengers or property if:
            (i) the vehicle has a GVWR of 26,001 pounds or
        
more or such a lesser GVWR as subsequently determined by federal regulations or the Secretary of State; or any combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR of any vehicle or vehicles being towed is 10,001 pounds or more; or
            (ii) the vehicle is designed to transport 16 or
        
more persons; or
            (iii) the vehicle is transporting hazardous
        
materials and is required to be placarded in accordance with 49 C.F.R. Part 172, subpart F.
        (B) Pursuant to the interpretation of the Commercial
    
Motor Vehicle Safety Act of 1986 by the Federal Highway Administration, the definition of "commercial motor vehicle" does not include:
            (i) recreational vehicles, when operated
        
primarily for personal use;
            (ii) United States Department of Defense
        
vehicles being operated by non‑civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part‑time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or
            (iii) firefighting and other emergency equipment
        
(including, without limitation, equipment owned or operated by a HazMat or technical rescue team authorized by a county board under Section 5‑1127 of the Counties Code), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.
    (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
        
Code.
            (B) Any other similar law or local ordinance of
        
any state relating to railroad‑highway grade crossing.
    (26) Serious Traffic Violation. "Serious traffic violation" means:
        (A) a conviction when operating a commercial motor
    
vehicle of:
            (i) a violation relating to excessive speeding,
        
involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or
            (ii) a violation relating to reckless driving; or
            (iii) a violation of any State law or local
        
ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; or
            (iv) a violation of Section 6‑501, relating to
        
having multiple driver's licenses; or
            (v) a violation of paragraph (a) of Section
        
6‑507, relating to the requirement to have a valid CDL; or
            (vi) a violation relating to improper or erratic
        
traffic lane changes; or
            (vii) a violation relating to following another
        
vehicle too closely; or
        (B) any other similar violation of a law or local
    
ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.
    (27) State. "State" means a state of the United States, the District of Columbia and any province or territory of Canada.
    (28) (Blank).
    (29) (Blank).
    (30) (Blank).
    (31) (Blank).
(Source: P.A. 94‑334, eff. 1‑1‑06.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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
    
cancelled by any state; or
        (2) has lost the privilege to drive a commercial
    
motor vehicle in any state; or
        (3) has been disqualified from driving a commercial
    
motor vehicle; or
        (4) has more than one driver's license, except as
    
provided by this UCDLA; or
        (5) is subject to or in violation of an
    
"out‑of‑service" order.
    (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.)

    (625 ILCS 5/6‑507)(from Ch. 95 1/2, par. 6‑507)
    Sec. 6‑507. Commercial Driver's License (CDL) Required.
    (a) Except as expressly permitted by this UCDLA, or when driving pursuant to the issuance of a commercial driver instruction permit and accompanied by the holder of a CDL valid for the vehicle being driven; no person shall drive a commercial motor vehicle on the highways without:
        (1) a CDL in the driver's possession;
        (2) having obtained a CDL; or
        (3) the proper class of CDL or endorsements or both
    
for the specific vehicle group being operated or for the passengers or type of cargo being transported.
    (b) Except as otherwise provided by this Code, no person may drive a commercial motor vehicle on the highways while such person's driving privilege, license or permit is:
        (1) Suspended, revoked, cancelled, or subject to
    
disqualification. Any person convicted of violating this provision or a similar provision of this or any other state shall have their driving privileges revoked under paragraph 12 of subsection (a) of Section 6‑205 of this Code.
        (2) Subject to or in violation of an
    
"out‑of‑service" order. Any person who has been issued a CDL and is convicted of violating this provision or a similar provision of any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6‑514 of this Code.
        (3) Subject to or in violation of an "out of
    
service" order and while transporting passengers or hazardous materials. Any person who has been issued a CDL and is convicted of violating this provision or a similar provision of this or any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6‑514 of this Code.
    (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
    
driver's license, for the type of vehicle being operated, until the expiration of such license or April 1, 1992, whichever is earlier; or
        (2) A non‑Illinois domiciliary who is properly
    
licensed in another State, until April 1, 1992. A non‑Illinois domiciliary, if such domiciliary is properly licensed in another State or foreign jurisdiction, until April 1, 1992.
(Source: P.A. 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
    
or renewal CDL unless that person is domiciled in this State. The Secretary shall cause to be administered such tests as the Secretary deems necessary to meet the requirements of 49 C.F.R. Part 383, subparts G and H.
        (2) Third party testing. The Secretary of state may
    
authorize a "third party tester", pursuant to 49 C.F.R. Part 383.75, to administer the skills test or tests specified by Federal Highway Administration pursuant to the Commercial Motor Vehicle Safety Act of 1986 and any appropriate federal rule.
    (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
    
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;
        (2) the person has passed a written test,
    
administered by the Secretary of State, on charter bus operation, charter bus safety, and certain special traffic laws relating to school buses determined by the Secretary of State to be relevant to charter buses, and submitted to a review of the applicant's driving habits by the Secretary of State at the time the written test is given;
        (3) the person has demonstrated physical fitness to
    
operate school buses by submitting the results of a medical examination, including tests for drug use; and
        (4) the person has not been convicted of committing
    
or attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 9‑1, 9‑1.2, 9‑2, 9‑2.1, 9‑3, 9‑3.2, 9‑3.3, 10‑1, 10‑2, 10‑3.1, 10‑4, 10‑5, 10‑6, 10‑7, 11‑6, 11‑9, 11‑9.1, 11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑18, 11‑19, 11‑19.1, 11‑19.2, 11‑20, 11‑20.1, 11‑21, 11‑22, 12‑3.1, 12‑4.1, 12‑4.2, 12‑4.3, 12‑4.4, 12‑4.5, 12‑6, 12‑6.2, 12‑7.1, 12‑7.3, 12‑7.4, 12‑11, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 12‑16.2, 12‑21.5, 12‑21.6, 12‑33, 18‑1, 18‑2, 18‑3, 18‑4, 18‑5, 20‑1, 20‑1.1, 20‑2, 24‑1, 24‑1.1, 24‑1.2, 24‑3.3, 31A‑1, 31A‑1.1, and 33A‑2, and in subsection (a) and subsection (b), clause (1), of Section 12‑4 of the Criminal Code of 1961; (ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act; (iii) those offenses defined in the Illinois Controlled Substances Act; (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses; (v) the offenses defined in Sections 4.1 and 5.1 of the Wrongs to Children Act and (vi) those offenses defined in Section 6‑16 of the Liquor Control Act of 1934.
    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
    
or renewal CDL unless that person is domiciled in this State. The Secretary shall cause to be administered such tests as the Secretary deems necessary to meet the requirements of 49 C.F.R. Part 383, subparts G and H.
        (2) Third party testing. The Secretary of state may
    
authorize a "third party tester", pursuant to 49 C.F.R. Part 383.75, to administer the skills test or tests specified by Federal Highway Administration pursuant to the Commercial Motor Vehicle Safety Act of 1986 and any appropriate federal rule.
    (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
    
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;
        (2) the person has passed a written test,
    
administered by the Secretary of State, on charter bus operation, charter bus safety, and certain special traffic laws relating to school buses determined by the Secretary of State to be relevant to charter buses, and submitted to a review of the applicant's driving habits by the Secretary of State at the time the written test is given;
        (3) the person has demonstrated physical fitness to
    
operate school buses by submitting the results of a medical examination, including tests for drug use; and
        (4) the person has not been convicted of committing
    
or attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 9‑1, 9‑1.2, 9‑2, 9‑2.1, 9‑3, 9‑3.2, 9‑3.3, 10‑1, 10‑2, 10‑3.1, 10‑4, 10‑5, 10‑6, 10‑7, 11‑6, 11‑9, 11‑9.1, 11‑14, 11‑15, 11‑15.1, 11‑16, 11‑17, 11‑18, 11‑19, 11‑19.1, 11‑19.2, 11‑20, 11‑20.1, 11‑21, 11‑22, 12‑3.1, 12‑4.1, 12‑4.2, 12‑4.3, 12‑4.4, 12‑4.5, 12‑6, 12‑6.2, 12‑7.1, 12‑7.3, 12‑7.4, 12‑11, 12‑13, 12‑14, 12‑14.1, 12‑15, 12‑16, 12‑16.2, 12‑21.5, 12‑21.6, 12‑33, 18‑1, 18‑2, 18‑3, 18‑4, 18‑5, 20‑1, 20‑1.1, 20‑2, 24‑1, 24‑1.1, 24‑1.2, 24‑3.3, 31A‑1, 31A‑1.1, and 33A‑2, and in subsection (a) and subsection (b), clause (1), of Section 12‑4 of the Criminal Code of 1961; (ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act; (iii) those offenses defined in the Illinois Controlled Substances Act; (iv) those offenses defined in the Methamphetamine Control and Community Protection Act; (v) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses; (vi) the offenses defined in Sections 4.1 and 5.1 of the Wrongs to Children Act; and (vii) those offenses defined in Section 6‑16 of the Liquor Control Act of 1934.
    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
    
domiciliary address (unless the application is for a Non‑resident CDL) of the applicant;
        (2) a physical description of the applicant including
    
sex, height, weight, color of eyes and hair color;
        (3) date of birth;
        (4) the applicant's social security number or other
    
identifying number acceptable to the Secretary of State;
        (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
    
previously been licensed to drive any type of motor vehicle during the previous 10 years pursuant to 49 C.F.R. Part 383; and
        (7) any other information required by the Secretary
    
of State.
(Source: P.A. 93‑895, eff. 1‑1‑05; 94‑307, eff. 9‑30‑05.)

    (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.)

    (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
    
address (unless it is a Non‑resident CDL) of the person to whom the CDL is issued;
        (2) the person's color photograph;
        (3) a physical description of the person including
    
sex, height, and may include weight, color of eyes and hair color;
        (4) date of birth;
        (5) a CDL or file number assigned by the Secretary of
    
State;
        (6) it also may include the applicant's Social
    
Security Number pursuant to Section 6‑106;
        (7) the person's signature;
        (8) the class or type of commercial vehicle or
    
vehicles which the person is authorized to drive together with any endorsements or restrictions;
        (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.)

    (625 ILCS 5/6‑514)(from Ch. 95 1/2, par. 6‑514)
    Sec. 6‑514. Commercial Driver's License (CDL) ‑ Disqualifications.
    (a) A person shall be disqualified from driving a commercial motor vehicle for a period of not less than 12 months for the first violation of:
        (1) Refusing to submit to or failure to complete a
    
test or tests to determine the driver's blood concentration of alcohol, other drug, or both, while driving a commercial motor vehicle or, if the driver is a CDL holder, while driving a non‑CMV; or
        (2) Operating a commercial motor vehicle while the
    
alcohol concentration of the person's blood, breath or urine is at least 0.04, or any amount of a drug, substance, or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act as indicated by a police officer's sworn report or other verified evidence; or operating a non‑commercial motor vehicle while the alcohol concentration of the person's blood, breath, or urine was above the legal limit defined in Section 11‑501.1 or 11‑501.8 or any amount of a drug, substance, or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act as indicated by a police officer's sworn report or other verified evidence while holding a commercial driver's license; or
        (3) Conviction for a first violation of:
            (i) Driving a commercial motor vehicle or, if
        
the driver is a CDL holder, driving a non‑CMV while under the influence of alcohol, or any other drug, or combination of drugs to a degree which renders such person incapable of safely driving; or
            (ii) Knowingly and wilfully leaving the scene of
        
an accident while operating a commercial motor vehicle or, if the driver is a CDL holder, while driving a non‑CMV; or
            (iii) Driving a commercial motor vehicle or, if
        
the driver is a CDL holder, driving a non‑CMV while committing any felony; or
            (iv) Driving a commercial motor vehicle while the
        
person's driving privileges or driver's license or permit is revoked, suspended, or cancelled or the driver is disqualified from operating a commercial motor vehicle; or
            (v) Causing a fatality through the negligent
        
operation of a commercial motor vehicle, including but not limited to the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide.
            As used in this subdivision (a)(3)(v), "motor
        
vehicle manslaughter" means the offense of involuntary manslaughter if committed by means of a vehicle; "homicide by a motor vehicle" means the offense of first degree murder or second degree murder, if either offense is committed by means of a vehicle; and "negligent homicide" means reckless homicide under Section 9‑3 of the Criminal Code of 1961 and aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof under subdivision (d)(1)(F) of Section 11‑501 of this Code.
        If any of the above violations or refusals occurred
    
while transporting hazardous material(s) required to be placarded, the person shall be disqualified for a period of not less than 3 years.
    (b) A person is disqualified for life for a second conviction of any of the offenses specified in paragraph (a), or any combination of those offenses, arising from 2 or more separate incidents.
    (c) A person is disqualified from driving a commercial motor vehicle for life if the person either (i) uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance or (ii) if the person is a CDL holder, uses a non‑CMV in the commission of a felony involving any of those activities.
    (d) The Secretary of State may, when the United States Secretary of Transportation so authorizes, issue regulations in which a disqualification for life under paragraph (b) may be reduced to a period of not less than 10 years. If a reinstated driver is subsequently convicted of another disqualifying offense, as specified in subsection (a) of this Section, he or she shall be permanently disqualified for life and shall be ineligible to again apply for a reduction of the lifetime disqualification.
    (e) A person is disqualified from driving a commercial motor vehicle for a period of not less than 2 months if convicted of 2 serious traffic violations, committed in a commercial motor vehicle, arising from separate incidents, occurring within a 3 year period. However, a person will be disqualified from driving a commercial motor vehicle for a period of not less than 4 months if convicted of 3 serious traffic violations, committed in a commercial motor vehicle, arising from separate incidents, occurring within a 3 year period.
    (e‑1) A person is disqualified from driving a commercial motor vehicle for a period of not less than 2 months if convicted of 2 serious traffic violations committed in a non‑CMV while holding a CDL, arising from separate incidents, occurring within a 3 year period, if the convictions would result in the suspension or revocation of the CDL holder's non‑CMV privileges. A person shall be disqualified from driving a commercial motor vehicle for a period of not less than 4 months, however, if he or she is convicted of 3 or more serious traffic violations committed in a non‑CMV while holding a CDL, arising from separate incidents, occurring within a 3 year period, if the convictions would result in the suspension or revocation of the CDL holder's non‑CMV privileges.
    (f) Notwithstanding any other provision of this Code, any driver disqualified from operating a commercial motor vehicle, pursuant to this UCDLA, shall not be eligible for restoration of commercial driving privileges during any such period of disqualification.
    (g) After suspending, revoking, or cancelling a commercial driver's license, the Secretary of State must update the driver's records to reflect such action within 10 days. After suspending or revoking the driving privilege of any person who has been issued a CDL or commercial driver instruction permit from another jurisdiction, the Secretary shall originate notification to such issuing jurisdiction within 10 days.
    (h) The "disqualifications" referred to in this Section shall not be imposed upon any commercial motor vehicle driver, by the Secretary of State, unless the prohibited action(s) occurred after March 31, 1992.
    (i) A person is disqualified from driving a commercial motor vehicle in accordance with the following:
        (1) For 6 months upon a first conviction of
    
paragraph (2) of subsection (b) of Section 6‑507 of this Code.
        (2) For one year upon a second conviction of
    
paragraph (2) of subsection (b) of Section 6‑507 of this Code within a 10‑year period.
        (3) For 3 years upon a third or subsequent
    
conviction of paragraph (2) of subsection (b) of Section 6‑507 of this Code within a 10‑year period.
        (4) For one year upon a first conviction of
    
paragraph (3) of subsection (b) of Section 6‑507 of this Code.
        (5) For 3 years upon a second conviction of
    
paragraph (3) of subsection (b) of Section 6‑507 of this Code within a 10‑year period.
        (6) For 5 years upon a third or subsequent
    
conviction of paragraph (3) of subsection (b) of Section 6‑507 of this Code within a 10‑year period.
    (j) Disqualification for railroad‑highway grade crossing violation.
        (1) General rule. A driver who is convicted of a
    
violation of a federal, State, or local law or regulation pertaining to one of the following 6 offenses at a railroad‑highway grade crossing must be disqualified from operating a commercial motor vehicle for the period of time specified in paragraph (2) of this subsection (j) if the offense was committed while operating a commercial motor vehicle:
            (i) For drivers who are not required to always
        
stop, failing to slow down and check that the tracks are clear of an approaching train, as described in subsection (a‑5) of Section 11‑1201 of this Code;
            (ii) For drivers who are not required to always
        
stop, failing to stop before reaching the crossing, if the tracks are not clear, as described in subsection (a) of Section 11‑1201 of this Code;
            (iii) For drivers who are always required to
        
stop, failing to stop before driving onto the crossing, as described in Section 11‑1202 of this Code;
            (iv) For all drivers, failing to have sufficient
        
space to drive completely through the crossing without stopping, as described in subsection (b) of Section 11‑1425 of this Code;
            (v) For all drivers, failing to obey a traffic
        
control device or the directions of an enforcement official at the crossing, as described in subdivision (a)2 of Section 11‑1201 of this Code;
            (vi) For all drivers, failing to negotiate a
        
crossing because of insufficient undercarriage clearance, as described in subsection (d‑1) of Section 11‑1201 of this Code.
        (2) Duration of disqualification for
    
railroad‑highway grade crossing violation.
            (i) First violation. A driver must be
        
disqualified from operating a commercial motor vehicle for not less than 60 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three‑year period preceding the conviction, the driver had no convictions for a violation described in paragraph (1) of this subsection (j).
            (ii) Second violation. A driver must be
        
disqualified from operating a commercial motor vehicle for not less than 120 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three‑year period preceding the conviction, the driver had one other conviction for a violation described in paragraph (1) of this subsection (j) that was committed in a separate incident.
            (iii) Third or subsequent violation. A driver
        
must be disqualified from operating a commercial motor vehicle for not less than one year if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three‑year period preceding the conviction, the driver had 2 or more other convictions for violations described in paragraph (1) of this subsection (j) that were committed in separate incidents.
    (k) Upon notification of a disqualification of a driver's commercial motor vehicle privileges imposed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, in accordance with 49 C.F.R. 383.52, the Secretary of State shall immediately record to the driving record the notice of disqualification and confirm to the driver the action that has been taken.
(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑930, eff. 6‑26‑06.)

    (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.)

    (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
    
motor vehicle;
        2. Whether, after making the initial stop, the
    
police officer had probable cause to issue a Sworn Report;
        3. Whether the person was verbally warned of the
    
ensuing consequences prior to submitting to any type of chemical test or tests to determine such person's blood concentration of alcohol, other drug, or both;
        4. Whether the person did refuse to submit to or
    
failed to complete the chemical testing or did submit to such test or tests and such test or tests disclosed an alcohol concentration of at least 0.04 or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act in the person's system;
        5. Whether the person was warned that if the test or
    
tests disclosed an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act, such results could be admissible in a subsequent prosecution under Section 11‑501 of this Code or similar provision of local ordinances; and
        6. Whether such results could not be used to impose
    
any driver's license sanctions pursuant to Section 11‑501.1.
    Upon the conclusion of the above CDL hearing, the CDL disqualification imposed shall either be sustained or rescinded.
    (d) The scope of a CDL hearing for any out‑of‑service sanction, imposed pursuant to Section 6‑515, shall be limited to the following issues:
        1. Whether the person was driving a commercial motor
    
vehicle;
        2. Whether, while driving such commercial motor
    
vehicle, the person had alcohol or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act in such person's system;
        3. Whether the person was verbally warned of the
    
ensuing consequences prior to being asked to submit to any type of chemical test or tests to determine such person's alcohol, other drug, or both, concentration; and
        4. Whether, after being so warned, the person did
    
refuse to submit to or failed to complete such chemical test or tests or did submit to such test or tests and such test or tests disclosed an alcohol concentration greater than 0.00 or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act.
    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.)

    (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.)

    (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.)

    (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.)

    (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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