PART 1030 ISSUANCE OF LICENSES : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1030 ISSUANCE OF LICENSES


AUTHORITY: Implementing Ch. 6, Article I of the Illinois Vehicle Code [625 ILCS 5], authorized by Section 2-104(b) of the Illinois Vehicle Code [625 ILCS 5], and the rulemaking authority established by 625 ILCS 5/6-521.

SOURCE: Filed March 30, 1971; amended at 3 Ill. Reg. 7, p. 13, effective April 2, 1979; amended at 4 Ill. Reg. 27, p. 422, effective June 23, 1980; amended at 6 Ill. Reg. 2400, effective February 10, 1982; codified at 6 Ill. Reg. 12674; amended at 9 Ill. Reg. 2716, effective February 20, 1985; amended at 10 Ill. Reg. 303, effective December 24, 1985; amended at 10 Ill. Reg. 15130, effective September 2, 1986; amended at 10 Ill. Reg. 18182, effective October 14, 1986; amended at 11 Ill. Reg. 9331, effective April 28, 1987; amended at 11 Ill. Reg. 18292, effective October 23, 1987; amended at 12 Ill. Reg. 3027, effective January 14, 1988; amended at 12 Ill. Reg. 13221, effective August 1, 1988; amended at 12 Ill. Reg. 16915, effective October 1, 1988; amended at 12 Ill. Reg. 19777, effective November 15, 1988; amended at 13 Ill. Reg. 5192, effective April 1, 1989; amended at 13 Ill. Reg. 7808, effective June 1, 1989; amended at 13 Ill. Reg. 12880, effective July 19, 1989; amended at 13 Ill. Reg. 12978, effective July 19, 1989; amended at 13 Ill. Reg. 13898, effective August 22, 1989; amended at 13 Ill. Reg. 15112, effective September 8, 1989; amended at 13 Ill. Reg. 17095, effective October 18, 1989; amended at 14 Ill. Reg. 4570, effective March 8, 1990; amended at 14 Ill. Reg. 4908, effective March 9, 1990; amended at 14 Ill. Reg. 5183, effective March 21, 1990; amended at 14 Ill. Reg. 8707, effective May 16, 1990; amended at 14 Ill. Reg. 9246, effective May 16, 1990; amended at 14 Ill. Reg. 9498, effective May 17, 1990; amended at 14 Ill. Reg. 10111, effective June 11, 1990; amended at 14 Ill. Reg. 10510, effective June 18, 1990; amended at 14 Ill. Reg. 12077, effective July 5, 1990; amended at 14 Ill. Reg. 15487, effective September 10, 1990; amended at 15 Ill. Reg. 15783, effective October 18, 1991; amended at 16 Ill. Reg. 2182, effective January 24, 1992; emergency amendment at 16 Ill. Reg. 12228, effective July 16, 1992, for a maximum of 150 days; emergency expired on December 13, 1992; amended at 16 Ill. Reg. 18087, effective November 17, 1992; emergency amendment at 17 Ill. Reg. 1219, effective January 13, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 2025, effective February 1, 1993; amended at 17 Ill. Reg. 7065, effective May 3, 1993; amended at 17 Ill. Reg. 8275, effective May 24, 1993; amended at 17 Ill. Reg. 8522, effective May 27, 1993; amended at 17 Ill. Reg. 19315, effective October 22, 1993; amended at 18 Ill. Reg. 1591, effective January 14, 1994; amended at 18 Ill. Reg. 7478, effective May 2, 1994; amended at 18 Ill. Reg. 16457, effective October 24, 1994; amended at 19 Ill. Reg. 10159, effective June 29, 1995; amended at 20 Ill. Reg. 3891, effective February 14, 1996; emergency amendment at 20 Ill. Reg. 8358, effective June 4, 1996, for a maximum of 150 days; emergency amendment repealed in response to an objection of the Joint Committee on Administrative Rules at 20 Ill. Reg. 14279; amended at 21 Ill. Reg. 6588, effective May 19, 1997; amended at 21 Ill. Reg. 10992, effective July 29, 1997; amended at 22 Ill. Reg. 1466, effective January 1, 1998; emergency amendment at 23 Ill. Reg. 9552, effective August 1, 1999, for a maximum of 150 days; amended at 23 Ill. Reg. 13947, effective November 8, 1999; amended at 24 Ill. Reg. 1259, effective January 7, 2000; emergency amendment at 24 Ill. Reg. 1686, effective January 13, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 6955, effective April 24, 2000; emergency amendment at 24 Ill. Reg. 13044, effective August 10, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 18400, effective December 4, 2000; amended at 25 Ill. Reg. 959, effective January 5, 2001; amended at 25 Ill. Reg. 7742, effective June 5, 2001; amended at 25 Ill. Reg. 12646, effective September 24, 2001; emergency amendment at 25 Ill. Reg. 12658, effective September 24, 2001, for a maximum of 150 days; emergency expired February 20, 2002; amended at 26 Ill. Reg. 9961, effective June 24, 2002; amended at 27 Ill. Reg. 855, effective January 3, 2003; emergency amendment at 27 Ill. Reg. 7340, effective April 14, 2003, for a maximum of 150 days; emergency expired September 10, 2003; emergency amendment at 27 Ill. Reg. 16968, effective October 17, 2003, for a maximum of 150 days; emergency expired March 14, 2004; emergency amendment at 28 Ill. Reg. 384, effective January 1, 2004, for a maximum of 150 days; emergency expired May 29, 2004; amended at 28 Ill. Reg. 8895, effective June 14, 2004; amended at 28 Ill. Reg. 10776, effective July 13, 2004; amended at 29 Ill. Reg. 920, effective January 1, 2005; emergency amendment at 29 Ill. Reg. 2469, effective January 31, 2005, for a maximum of 150 days; emergency expired June 29, 2005; amended at 29 Ill. Reg. 9488, effective June 17, 2005; amended at 29 Ill. Reg. 12519, effective July 28, 2005; amended at 29 Ill. Reg. 13237, effective August 11, 2005; amended at 29 Ill. Reg. 13580, effective August 16, 2005; amended at 30 Ill. Reg. 910, effective January 6, 2006; amended at 30 Ill. Reg. 5621, effective March 7, 2006; amended at 30 Ill. Reg. 11365, effective June 15, 2006; emergency amendment at 30 Ill. Reg. 11409, effective June 19, 2006, for a maximum of 150 days; emergency expired November 15, 2006; amended at 31 Ill. Reg. 4782, effective March 12, 2007; amended at 31 Ill. Reg. 5096, effective March 15, 2007; amended at 31 Ill. Reg. 5864, effective March 29, 2007; amended at 31 Ill. Reg. 6370, effective April 12, 2007; amended at 31 Ill. Reg. 7643, effective May 16, 2007; amended at 31 Ill. Reg. 11342, effective July 18, 2007; amended at 31 Ill. Reg. 14547, effective October 9, 2007; amended at 31 Ill. Reg. 14849, effective October 22, 2007; amended at 31 Ill. Reg. 16543, effective November 27, 2007; amended at 31 Ill. Reg. 16843, effective January 1, 2008; emergency amendment at 32 Ill. Reg. 208, effective January 2, 2008, for a maximum of 150 days; amended at 32 Ill. Reg. 6544, effective April 4, 2008; amended at 33 Ill. Reg. 2391, effective January 21, 2009; amended at 33 Ill. Reg. 8489, effective June 5, 2009; amended at 33 Ill. Reg. 9794, effective June 29, 2009; amended at 33 Ill. Reg. 11620, effective July 22, 2009; amended at 33 Ill. Reg. 14185, effective September 28, 2009; amended at 34 Ill. Reg. 563, effective December 22, 2009; amended at 34 Ill. Reg. 9457, effective June 23, 2010; amended at 34 Ill. Reg. 15418, effective September 22, 2010; amended at 34 Ill. Reg. 19071, effective November 22, 2010; amended at 35 Ill. Reg. 2197, effective January 21, 2011; amended at 35 Ill. Reg. 4692, effective March 3, 2011; amended at 35 Ill. Reg. 19664, effective November 23, 2011; amended at 36 Ill. Reg. 3924, effective February 27, 2012; amended at 36 Ill. Reg. 7255, effective April 26, 2012; amended at 36 Ill. Reg. 14755, effective September 18, 2012; amended at 37 Ill. Reg. 7776, effective May 22, 2013; amended at 37 Ill. Reg. 14176, effective September 1, 2013; amended at 37 Ill. Reg. 19342, effective November 28, 2013; amended at 38 Ill. Reg. 7946, effective March 28, 2014; emergency amendment at 38 Ill. Reg. 8429, effective April 4, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 12515, effective July 1, 2014; amended at 38 Ill. Reg. 16366, effective July 21, 2014; amended at 38 Ill. Reg. 20039, effective October 1, 2014; amended at 39 Ill. Reg. 1182, effective January 5, 2015; amended at 39 Ill. Reg. 5083, effective March 23, 2015; amended at 39 Ill. Reg. 8028, effective May 21, 2015; amended at 39 Ill. Reg. 11531, effective July 28, 2015; amended at 39 Ill. Reg. 14930, effective October 29, 2015; amended at 40 Ill. Reg. 1882, effective January 12, 2016; amended at 40 Ill. Reg. 7330, effective May 2, 2016; amended at 40 Ill. Reg. 13637, effective September 19, 2016; amended at 40 Ill. Reg. 15397, effective October 26, 2016; amended at 41 Ill. Reg. 438, December 29, 2016; amended at 41 Ill. Reg. 3009, effective February 24, 2017; amended at 41 Ill. Reg. 13665, effective October 30, 2017; amended at 42 Ill. Reg. 1886, effective January 3, 2018; amended at 42 Ill. Reg. 2891, effective January 29, 2018; amended at 42 Ill. Reg. 4969, effective March 5, 2018; amended at 42 Ill. Reg. 11499, effective June 8, 2018; amended at 42 Ill. Reg. 20548, effective October 30, 2018; amended at 43 Ill. Reg. 3724, effective March 4, 2019; amended at 43 Ill. Reg. 5322, effective April 24, 2019; amended at 44 Ill. Reg. 2041, effective December 31, 2019; emergency amendment at 44 Ill. Reg. 5477, effective March 16, 2020, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 5839, effective March 17, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 6650, effective April 9, 2020, for the remainder of the 150 days; emergency amendment at 44 Ill. Reg. 10011, effective May 21, 2020, for a maximum of 150 days; amended at 44 Ill. Reg. 16818, effective September 29, 2020; emergency amendment effective March 17, 2020, as amended April 9, 2020, repealed at 44 Ill. Reg. 11603, effective June 30, 2020; emergency amendment at 44 Ill. Reg. 11898, effective June 30, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 13823, effective August 7, 2020, for the remainder of the 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 16534, effective September 22, 2020, for the remainder of the 150 days; amended at 44 Ill. Reg. 12607, effective July 7, 2020; amended at 44 Ill. Reg. 16818, effective September 29, 2020; amended at 44 Ill. Reg. 18951, effective November 19, 2020; amended at 45 Ill. Reg. 732, effective December 23, 2020; emergency amendment at 45 Ill. Reg. 5450, effective April 8, 2021 for a maximum of 150 days; emergency expired September 4, 2021; amended at 45 Ill. Reg. 6062, effective April 23, 2021; emergency amendment at 45 Ill. Reg. 9197, effective July 2, 2021, for a maximum of 150 days; amended at 45 Ill. Reg. 9472, effective July 7, 2021; amended at 45 Ill. Reg. 13406, effective October 5, 2021; amended at 45 Ill. Reg. 15086, effective November 9, 2021; emergency amendment at 46 Ill. Reg. 554, effective December 17, 2021, for a maximum of 150 days; emergency amendment to emergency rule at 46 Ill. Reg. 1377, effective January 3, 2022, for the remainder of the 150 days; emergency amendment to emergency rule at 46 Ill. Reg. 2156, effective January 19, 2022, for the remainder of the 150 days; emergency amendment to emergency rule at 46 Ill. Reg. 5603, effective March 21, 2022, for the remainder of the 150 days; emergency rule as amended expired May 15, 2022; emergency amendment at 46 Ill. Reg. 6998, effective April 22, 2022, for a maximum of 150 days; amended at 46 Ill. Reg. 7823, effective April 27, 2022; amended at 46 Ill. Reg. 9093, effective May 23, 2022; emergency amendment at 46 Ill. Reg. 14087, effective July 21, 2022, for a maximum of 150 days; amended at 46 Ill. Reg. 16402, effective September 15, 2022; amended at 46 Ill. Reg. 19214, effective November 15, 2022; amended at 47 Ill. Reg. 189, effective December 21, 2022; emergency amendment at 47 Ill. Reg. 268, effective December 20, 2022, for a maximum of 150 days; emergency amendment at 47 Ill. Reg. 1547, effective January 13, 2023, for a maximum of 150 days; amended at 47 Ill. Reg. 7791, effective May 17, 2023; emergency amendment at 47 Ill. Reg. 14580, effective September 26, 2023, for a maximum of 150 days; amended at 47 Ill. Reg. 17529, effective November 7, 2023; amended at 48 Ill. Reg. 2268, effective January 25, 2024; amended at 48 Ill. Reg. 5751, effective April 1, 2024; amended at 48 Ill. Reg. 6080, effective April 5, 2024.

 

Section 1030.1  Definitions

 

Unless otherwise noted, the following definitions shall apply to this Part.

 

"Acceptable Medical Certificate" − a current medical examiner's certificate that has been completed in its entirety and does not require additional information.

 

"Adjudication of Disability" − an order by a court of competent jurisdiction declaring a person unable to fully manage one's own person or estate because of mental deterioration, physical incapacity, mental illness, or developmental disability, pursuant to Sections 11a-1, 11a-2 and 11a-3 of the Probate Act of 1975 [755 ILCS 5/11a-1, 11a-2 and 11a-3].

 

"Adult Driver Education Course" – six-hour classroom or online course of driver education for persons age 18, 19 or 20, offered by an adult driver education course provider.

 

"Adult Driver Education Course Provider" or "Provider" – an entity certified by the Secretary of State to provide an adult driver education course, either in a classroom setting or online.

 

"Agri-Chemical Business" – any individual, partnership, corporation or association engaged in a business operation for the purpose of selling or distributing agricultural pesticides and/or fertilizers or providing the service of application of these substances in this State.

 

"Applicant" – a person applying for an Illinois driver's license, permit or identification card.

 

"Approved Driver Education Course" –

 

a course of driver education approved by the State Board of Education, offered by public or private schools maintaining grades 9 through 12, and meeting at least the minimum requirements of the Driver Education Act [105 ILCS 5/27-24 through 27-24.8]; or

 

a course of driver education offered by a school licensed to give driver education instructions under the Vehicle Code that meets at least the minimum educational requirements of the Driver Education Act and is approved by the State Board of Education; or

 

any course of driver education given at a Department of Defense Education Activity school that is approved by the Department of Defense Education Activity and taught by an adult driver education instructor or traffic safety officer; or

 

a course of driver education given in another state to an Illinois resident attending school in that state and approved by the state administrator of the driver education program of the other state [625 ILCS 5/1-103].

 

"Armed Forces" – the United States Army, Navy, Air Force, Marine Corps or Coast Guard; Illinois National Guard; service in the Merchant Marine that constitutes active duty under Section 401 of the Federal Public Law 95-202 (38 U.S.C. 106) shall also be considered service in the Armed Forces of the United States.

 

"Authorized Secretary of State Employee" − a Secretary of State employee with a supervisory position.

 

"Authorized Source" −

 

competent medical specialist

 

law enforcement official

 

member of the judiciary

 

Member of the Board

 

National Driver Register

 

authorized Secretary of State employee

 

employee of the U.S. Department of Transportation, Office of Motor Carriers

 

motor vehicle departments of foreign states

 

driver rehabilitation specialist

 

problem driver pointer system

 

"Binocular Visual Acuity" – a visual reading obtained utilizing both eyes at the same time.

 

"Branch Facility" – a separate training/testing facility operated and directly supervised by a third-party certifying entity at a location different from the principal location of the third-party certifying entity.

 

"Business Day" – any day on which the Office of the Secretary of State is open; generally, Monday through Saturday, excluding State holidays.

 

"CDL Skills Test" – a test given to an applicant who is attempting to obtain a Commercial Driver's License (CDL).

 

"CDLIS Driver Record" – the electronic record of the individual CDL driver's status and history stored by the State-of-Record as part of the Commercial Driver's License Information System, or CDLIS, established under 49 U.S.C. 31309. [625 ILCS 5/6-500(5.3)]

 

"CDLIS Motor Vehicle Record" or "CDLIS MVR" − a report generated from the CDLIS driver record meeting the requirements for access to CDLIS information and provided by states to users authorized in 49 CFR 384.225(e)(3) and (4) (2014), subject to the provisions of the Driver Privacy Protection Act (18 U.S.C. 2721-2725). [625 ILCS 5/6-500(5.5)]

 

"Cancellation" – the annulment or termination by formal action of the Secretary of a person's driver's license or permit because of some error or defect in the license or because the licensee is no longer entitled to such license or permit, but, with the exception of Sections 6-107, 6-108 and 6-201, the cancellation of a license or permit is without prejudice and application for a new license or permit may be made at any time after such cancellation [625 ILCS 5/1-110 and 5/6‑206(c)(3) and 6-201].

 

"Central Issuance" − the process of printing and mailing a driver's license to an applicant from a secure central production facility.

 

"Certificate of Completion" – a certificate of completion issued by the Office of the Secretary of State if the student has successfully completed a driver education course at an approved commercial driver training school as provided in IVC Chapter 6, Art. IV and 92 Ill. Adm. Code 1060.

 

"Charter Bus Driver Endorsement" – an indicator on the driver's license that the driver is qualified to transport a group of persons with a common purpose, under a single contract at a fixed rate for their exclusive use of that motor vehicle.

 

"Cheating on Written Tests" – the receipt or use of unauthorized assistance in the taking of any portion of a written test. This includes, but is not limited to, the use of any notes, books or written information.

 

"Cited Driver" − a driver who has been requested by the Secretary of State to appear for re-test.

 

"Civilian Employee Deferral Card" – a card issued at the expiration of a driver's license to extend the expiration of the driver's license for 120 days while, as a result of employment, a civilian employee of the United States Armed Services or of the United States Department of Defense and the civilian employee's spouse and/or dependent children who are living with the civilian employee is residing outside the State of Illinois. 

 

"Classification" – a designation as to the kind and type of vehicle a driver is entitled to operate, as outlined in Sections 1030.30 and 1030.40.

 

"Classroom Instruction" – the part of an approved driver education course consisting of learning experiences in the classroom.  This instruction must be of the type to satisfy the 30 clock hours of instruction specified in Section 27-23 of the School Code [105 ILCS 5/27-23].

 

"Cleared Miscellaneous Suspension" – a suspension for safety responsibility, financial responsibility, warrant parking/traffic, auto emissions, failure to appear, curfew, mandatory conviction, tollway, family financial responsibility, automated traffic law violation, nighttime driving restriction, or unsatisfied judgment.

 

"Commercial Driver's License" or "CDL" − a license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383 (October 1, 2014), that authorizes the individual to operate a certain class of commercial motor vehicle [625 ILCS 5/1-111.6].

 

"Commercial Driver's License Downgrade" − a state:

 

allows the driver to change the driver's self-certification to interstate, but operating exclusively in transportation or operation excepted from 49 CFR 391 (October 1, 2014), as provided in 49 CFR 390.3(f), 391.2, 391.68 or 398.3 (October 1, 2014);

 

allows the driver to change the driver's self-certification to intrastate only, if the driver qualifies under that state's physical qualification requirements for intrastate only;

 

allows the driver to change the driver's self-certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the state driver qualification requirements; or

 

removes the CDL privilege from the driver's license. [625 ILCS 5/6‑500(5.7)]

 

"Commercial Driver's License Information System" or "CDLIS" – the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

 

"Commercial Learner's Permit" or "CLP" – a permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383 (October 1, 2014), which, when carried with a valid driver's license issued by the same state or jurisdiction of domicile, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current CDL is not valid.

 

"Commercial Motor Vehicle" or "CMV" – a motor vehicle or combination of motor vehicles used in commerce designed to transport passengers or property if the motor vehicle:

 

has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds), whichever is greater; or

 

has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds) or more, whichever is greater; or

 

is designed to transport 16 or more passengers, including the driver; or

 

is of any size and is used in transporting hazardous materials as defined in 49 CFR 383.5 (October 1, 2014).

 

Commercial Motor Vehicle does not include:

 

recreational vehicles, when operated primarily for personal use;

 

vehicles owned by or operated under the direction of the United States Department of Defense or the United States Coast Guard only when operated by non-civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part-time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or

 

firefighting, police, 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 [55 ILCS 5]), 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. [625 ILCS 5/6-500(6)]

 

"Commuter Van" – a motor vehicle designed for the transportation of not less than seven or more than 16 passengers, that is used in a ridesharing arrangement [625 ILCS 5/1-111.9].

 

"Competent Medical Specialist" − a person licensed under the Medical Practice Act [225 ILCS 60], or similar law of another jurisdiction, to practice medicine in all of its branches.

 

"Confirmed Medical Emergency" – documented medical emergency from a licensed physician specifying the cited driver is unable to appear during the 30 day re-testing period. This includes, but is not necessarily limited to, the following conditions: hospitalization, serious illness, broken limbs.

 

"Consular Identification Document" – an official identification card issued by a foreign government that meets the criteria set forth in Section 5 of the Consular Identification Document Act [5 ILCS 230/5] and the issuing consulate has filed with the Department of State Police a copy of the consular identification document and a certification of the procedures that are used to satisfy Sections 2 and 3 of the Consular Identification Document Act.

 

"Conviction" − A final adjudication of guilty by a court of competent jurisdiction after a bench trial, trial by jury, plea of guilty, order of forfeiture, or default [625 ILCS 5/6-100(b)].

 

"Conviction-CLP Holder" or "Conviction-CDL Holder" – an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated [625 ILCS 5/6-500(8)].

 

"Cooperative Driver Certificate" – a certificate prescribed by the Secretary of State indicating a successfully-completed road test, subject to spot check by the Secretary of State, was administered to a driver education student, who has successfully completed driver training by an Illinois State Board of Education approved driver education instructor.

 

"Cooperative Driver Testing Program" – a program offered by the Department to local school boards with accredited driver education courses, allowing students who receive a grade of A or B in the driver education course and who pass a road test administered by a Department certified high school driver education instructor to be exempted from a road test administered by the Department.

 

"Court Documents" – the items issued by a court, such as reports, notices, summonses, subpoenas, orders and transcripts.

 

"Criminal Justice Agencies" − the federal and state courts, a governmental agency or sub-unit that performs the duties of the detection, apprehension or detention of accused persons or criminal offenders pursuant to a statute.

 

"Current Medical Report" − any medical report completed within 90 days after receipt by the Department that is signed and dated by a competent medical specialist.

 

"Current Telescopic Lens Vision Specialist Report" – any vision specialist report completed for a telescopic lens user that has been completed within six months prior to receipt by the Department and is signed and dated by a licensed vision specialist.

 

"Current Vision Specialist Report" – any vision specialist report completed for a driver that has been completed within six months prior to receipt by the Department and is signed and dated by a vision specialist.

 

"Custom Harvester" – any individual, partnership, corporation or association engaged in a business operation for the purpose of harvesting agricultural commodities other than their own on a contract basis.

 

"Dangerous Action" – an act by the applicant that could endanger a person or property.

 

"Day" − a calendar day.

 

"Denial" – any entry on a person's driving record by the Department indicating a driver may not renew the driver's license or privileges until the conditions set forth by the Department are met (see IVC Section 6-103).

 

"Denial of Driver's License" − the act of prohibiting or disallowing the privilege to obtain a driver's license while allowing the privilege to obtain an instructional permit and limiting privileges to that of an instructional permit if a driver's license has previously been issued (see IVC Section 6-107(c) and (d)).

 

"Denial of Driving Privilege" − the act of prohibiting or disallowing the privilege to obtain a driver's license or permit and/or the privilege to operate a motor vehicle (see IVC Sections 6-103, 6-107(c), 6-108.1).

 

"Department" − the Department of Driver Services within the Office of the Secretary of State.

 

"Department of Administrative Hearings" − the Department of Administrative Hearings of the Office of the Secretary of State.

 

"Determination of No Security Threat" – an administrative determination by TSA that an individual does not pose a security threat warranting denial of a Hazardous Material Endorsement.

 

"Disabled Person Identification Card" – a standard identification card as defined in Section 4A of the Illinois Identification Card Act [15 ILCS 335/4A] issued for no fee to persons who meet the definition of disabled (see IVC Section 1-159.1).

 

"Disability" − an individual's physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment, or when the individual is regarded as having such impairment [625 ILCS 5/6‑117.2(f)].

 

"Disqualification" − a disqualification means any of the following three actions:

 

the suspension, revocation, or cancellation of a CLP or CDL by the state or jurisdiction of issuance;

 

any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as a result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations);

 

a determination by FMCSA that a person is not qualified to operate a commercial motor vehicle under 49 CFR 391 (October 1, 2014). [625 ILCS 5/1-115.3]

 

"Disseminating Agency" − an agency authorized by the Secretary of State to distribute or share an image received from the Secretary of State for purposes of secondary dissemination.

 

"Drive" − operate or be in physical control of a motor vehicle [625 ILCS 5/4‑115.8].

 

"Driver" – every person who drives or is in actual physical control of a vehicle [625 ILCS 5/1-116].

 

"Driver Applicant" – a person who applies to a state or other jurisdiction to obtain, transfer, upgrade or renew a CDL or to obtain or renew a CLP.

 

"Driver's License Test" − a test administered by the Secretary of State that consists of a vision test, written test and/or road test.

 

"Driver's License Issuance Error" – any act or omission by a Secretary of State employee that results in the driver being not qualified to hold the license as it is classified, restricted and/or endorsed.

 

"Driver's License Record" – a file maintained by the Secretary of State on each driver in Illinois pursuant to IVC Section 6-117.

 

"Driver Rehabilitation Specialist" − a person who possesses an undergraduate degree in rehabilitation, education, health, safety, therapy or related profession (or equivalent of eight years of experience in driver rehabilitation); possesses a current Association of Driver Educators for the Disabled (ADED) Certification as a Driver Rehabilitation Specialist (consisting of successful completion of 100 clock hours of educational experience, in combination with safety and medical aspects of disabilities; a minimum of 30 hours must be gained from attending ADED approved courses or workshops).

 

"Driver Remedial Education Course" – an organized remedial activity approved by the Driver Services Department for improving the driving habits of certain suspended drivers.  The course shall consist of individual counseling and/or group sessions of instruction and shall not exceed two sessions or a total of nine hours of instruction.

 

"Driver Services Facility" – the offices located throughout Illinois for the purpose of issuing driver's licenses and providing to the public other necessary services connected with the Secretary of State's Office.

 

"Driver Services Facility Representative" – an employee of the Department of Driver Services of the Office of Secretary of State.

 

"Driving Abstract" − a record kept by the Department of Driver Services containing all information required under IVC Section 6-106(b) and all records of violations of traffic laws and administrative actions pertaining to driving privileges.

 

"Driving Evaluation" – an assessment by a driver education specialist at a rehabilitation institution of an applicant's ability to safely operate a motor vehicle.

 

"Driving Skills" – the ability of an applicant to perform maneuvers to be demonstrated during a road test.

 

"Employer" – any individual, corporation, partnership or association that employs charter bus drivers licensed under IVC Section 6-508.

 

"Employer Certification" – a form submitted by the employer, as prescribed by the Secretary of State, certifying an applicant has met all conditions for application, or that a driver who is no longer eligible for a charter bus driver endorsement has been removed from service.

 

"Endorsement" – an authorization to an individual's CLP or CDL required to permit the individual to operate certain types of commercial motor vehicles.

 

"Enrolled in a Driver Education Course" – active participation in, and the 30 days immediately preceding, the start of regularly scheduled classroom instruction of an approved driver education course.

 

"Entry-level driver training"−the training an entry-level driver receives from an entity listed on the Federal Motor Carrier Safety Administration's Training Provider Registry prior to: (i) taking the CDL skills test required to receive the Class A or Class B CDL for the first time; (ii) taking the CDL skills test required to upgrade to a Class A or Class B CDL; or (iii) taking the CDL skills test required to obtain a passenger or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time. [625 ILCS 5/6-500(15.2)].  The Training Provider Registry can be accessed at https://tpr.fmcsa.dot.gov.

 

"Examiner" – an employee of the Secretary of State who is qualified to administer all driver's license tests.

 

"Excepted Interstate" or "EI" – a person who operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 CFR 390.3(f), 391.2, 391.69 or 398.3 (October 1, 2014) from all or part of the qualification requirements of 49 CFR 391 (October 1, 2014) and is not required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014). [625 ILCS 5/6-500(15.3)]

 

"Excepted Intrastate" or "EA" – a person who operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements. [625 ILCS 5/6-500 (15.5)]

 

"Facility-Administered Road Test" – an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle administered by a Driver Services Facility employee.

 

"Farm" − structures and lands used primarily for the raising of agricultural or horticultural commodities, including livestock, poultry, fur-bearing animals, fruit, vegetables, flowers and other plants; "farm" includes ranches, nurseries, greenhouses, orchards, etc.

 

"Farm Retail Outlet and/or Supplier" – any individual, partnership, corporation or association engaged in a business operation for the purpose of selling or distributing agricultural commodities.

 

"Favorable Medical Report" − a current medical report that has been completed in its entirety and does not require additional information and/or clarification or is not medically questionable. A favorable medical report specifies a professional opinion from the competent medical specialist that the driver is medically/
mentally fit to safely operate a motor vehicle.

 

"Favorable Vision Specialist Report" – a current vision specialist report that has been completed in its entirety that does not require additional information and/or clarification.

 

"Federal Motor Carrier Safety Administration" or "FMCSA" − a separate administration within the U. S. Department of Transportation dedicated to improving the safety of commercial motor vehicles and saving lives.

 

"Felony" – an offense under state or federal law that is punishable by death or imprisonment for a term of one year or more.

 

"Final Determination of Threat Assessment" – a final administrative determination by TSA, including the resolution of related appeals, that an individual poses a security threat warranting denial of a Hazardous Material Endorsement.

 

"Fingerprint Process" – a method by which an applicant's fingerprints are taken for the purpose of a criminal background investigation for a charter bus driver endorsement and submitted to the Illinois Department of State Police (ISP) and the Federal Bureau of Investigation (FBI).

 

"First Division Vehicle" – any motor vehicle designed to carry not more than 10 persons [625 ILCS 5/1-217].

 

"Foreign Jurisdiction" – a sovereign jurisdiction that does not fall within the definition of "state" [625 ILCS 5/6-500(B)(17)].

 

"Foreign National" – a non-citizen of the United States of America who has been granted temporary, legal entry into this country by the U.S. Citizenship and Immigration Services (USCIS), who is temporarily residing in this State and is ineligible to obtain a social security number through the Social Security Administration, and who is not required to obtain a driver's license issued by the U.S. Department of State, Office of Foreign Missions.

 

"Foreign Speaking Applicant" – any applicant unable to understand oral directions given by the examiner.

 

"For-Profit Ridesharing Arrangement" – the transportation by motor vehicle of not more than 16 persons, including the driver, for which a fee is charged in accordance with Section 6 of the Ride Sharing Arrangements Act [625 ILCS 30/6]. [625 ILCS 5/1-122.7]

 

"Fraud" – includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence.

 

"Functional Ability" – the degree of cognitive, mental or emotional sensor motor, and sensory capability in performing activities of daily living, including safely performing driving tasks.

 

"Good Cause" − examples of dangerous driving or of a physical or mental condition that interferes with safe driving or a situation in which a Secretary of State Driver Services Facility supervisor fails to give a required test or section of a test.

 

"Gross Combination Weight Rating" or "GCWR" – the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle.  In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon as specified in 49 CFR 383.5 (October 1, 2014). [625 ILCS 5/1‑124.5]

 

"Gross Vehicle Weight Rating" or "GVWR" – the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle.  The GVWR of a combination of vehicles (commonly referred to as the "Gross Combination Weight Rating" or "GCWR") is the GVWR of the power unit plus the GVWR of the towed unit or units.  In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit [625 ILCS 5/1‑124.5].

 

"Hazardous Material Endorsement" or "HME" – an indicator on the driver's license that the driver is qualified to transport hazardous materials that require placarding.

 

"Hazardous Materials" – any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR 172 (October 1, 2014) or any quantity of a material listed as a select agent or toxin in 42 CFR 73 (October 1, 2014).

 

"High School Student" – a student who attends a public or private secondary school accredited by the Illinois State Board of Education.

 

"Identification Card Verification Form" – a Secretary of State promulgated form completed by the Illinois Department of Corrections (IDOC) or Illinois Department of Juvenile Justice (IDJJ) and issued to a committed person upon release on parole, mandatory supervised release, aftercare release, final discharge or pardon, or to an adult transition center, from the IDOC or IDJJ  that verifies the committed person's address and indicates whether the committed person's date of birth and social security number have been verified by IDOC or IDJJ. 

 

"Illinois Medical Advisory Board" or "Board" − a panel consisting of at least nine physicians appointed by the Secretary [625 ILCS 5/6-902].

 

"Illinois Vehicle Code" or "Vehicle Code" or "IVC" – 625 ILCS 5.

 

"Image" − the digital photo and signature captured in the process of issuing an Illinois driver's license or identification card and retrieved from the Secretary of State database.

 

"Immediate Family Member" – a parent, child, sibling, grandparent, step-parent, step-child, step-sibling or step-grandparent.

 

"Immediate Farm Family Member" − a member of the farmer's family is a natural or in-law, spouse, child, parent or sibling as provided in IVC Section 6-507(c).

 

"Imminent Hazard" − the existence of:

 

any condition of a vehicle, employee, or commercial motor vehicle operations that substantially increases the likelihood of serious injury or death if not discontinued immediately; or

 

a condition relating to hazardous material 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.  [625 ILCS 5/6-500(20.5)]

 

"Incomplete Medical Report" − a medical report that has not been completed in its entirety, or a medical agreement that has not been signed and dated by the driver.

 

"Incomplete Telescopic Lens Vision Specialist Report" − a telescopic lens vision specialist report that has not been completed in its entirety.  Examples of an incomplete report include, but are not limited to, omission of name, address, signature or professional license number of the vision specialist or date or one that contains illegible information or fails to answer any of the questions contained within the report.

 

"Initial Determination of Threat Assessment" – an initial administrative determination by TSA that an individual poses or may pose a security threat warranting denial of a Hazardous Material Endorsement.

 

"In Loco Parentis" – a person who is acting in place of a minor's parent with a parent's rights, duties and authority.

 

"Instruction Permit" – a driving permit issued to operate a motor vehicle pursuant to the requirements of IVC Section 6-105 or 6-107.

 

"Invalidate" – to render invalid any driver's license, permit or driving privileges.

 

"Invalidation" – the withdrawal, by consent, court order, death of the holder or holder's failure to complete a driver remedial education course of the validation, of a person's license, permit and/or driving privilege under IVC Chapter 6.

 

"Judicial Driving Permit" – a permit issued granting a driver limited driving privileges as provided in IVC Section 6-206.1.

 

"Law Enforcement Official" – a federal, state or local police officer, sheriff, coroner, municipal prosecutor, state's attorney or U.S. attorney.

 

"LEADS" − the Illinois Law Enforcement Agencies Data System.

 

"Limited Term Identification Card" – An Illinois Identification Card issued by the Secretary of State for a period of 90 days to persons released from Illinois Department of Corrections/Illinois Department of Juvenile Justice.

 

"Limited Term Real ID Compliant Driver's License" – A Real ID compliant driver's license issued to persons who are not permanent residents or citizens of the United States, and marked "Limited Term" on the face of the card [15 ILCS 335/1A].

 

"Limited Term Real ID Compliant Identification Card" – a Real ID compliant identification card issued to persons who are not permanent residents or citizens of the United States, and marked "Limited Term" on the face of the card [15 ILCS 335/1A].

 

"Livestock" – any animals such as cattle, sheep, swine, buffalo, cafalo, cattalo, domestic deer, domestic elk, domestic antelope, domestic reindeer, water buffalo and goats.

 

"Livestock Feeder" – any individual, partnership, corporation or association engaged in a business operation for the purpose of producing livestock.

 

"Mandatory Insurance" – The insurance requirements under IVC Chapter 7, Article VI.

 

"Mandatory Liability Insurance Policy" – a liability insurance policy issued in amounts no less than the minimum amounts set for bodily injury or death and for destruction of property (see IVC Section 7-203), and issued in accordance with the requirements of Sections 143a and 143a-2 of the Illinois Insurance Code [215 ILCS 5/143a and 143a-2]. This definition does not include vehicles subject to the provisions of IVC Chapter 18 or 18a, Article III or IVC Section 7-609, 12-607 or 12-707.01; vehicles required to file proof of liability insurance with the Illinois Commerce Commission; vehicles covered by a certificate of self-insurance (see IVC Section 7-502); vehicles owned by the United States Government, State of Illinois or any political subdivision, municipality or local mass transit district; implements of husbandry (see IVC Section 1-130), other vehicles complying with laws that require insurance in amounts meeting or exceeding the minimum amounts required under the IVC; and inoperable or stored vehicles that are not operated.

 

"Mandatory Law Enforcement Report" – an unsigned message directed to the Department electronically from law enforcement containing the same information as the form designed by the Department.

 

"Mechanical Aid" – a device added to a motor vehicle that would enhance the operator's ability to safely operate the vehicle.

 

"Medical Agreement" – an agreement signed and dated by the driver, maintained as part of the medical report, and including the following conditions and/or information:

 

a condition that the driver remain under the care of a competent medical specialist;

 

a condition that the driver adhere to the treatment and/or medication;

 

authorization by the driver to the competent medical specialist to report any change in the driver's condition that would impair the driver's ability to operate a motor vehicle;

 

possible consequences for failing to abide by any or all of the conditions contained in the medical agreement.

 

"Medical Examiner" – a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to perform physical examinations. The term includes but is not limited to doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic. [625 ILCS 5/6-500(21.1)]

 

"Medical Examiner's Certificate" – a document prescribed or approved by the Secretary of State that is issued by a medical examiner to a driver to medically qualify the driver to drive. [625 ILCS 5/6-500(21.2)]

 

"Medical Exemption" – temporary regulatory relief for up to two years from one or more Federal Motor Carrier Safety Regulations given to a person, by FMCSA, subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations in accordance with 49 CFR 381.300 (October 1, 2014).

 

"Medical Professional" – a person licensed under the Medical Practice Act [225 ILCS 60], or similar law of another jurisdiction, a physician assistant who has been delegated the authority to make the required determination by a supervising physician, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make the determination.

 

"Medical Report" – a confidential medical questionnaire directed to the Department and approved by the Illinois Medical Advisory Board, or a statement on letterhead made by a competent medical specialist containing the same information as the form designed by the Department.

 

"Medical Restriction Card" – a card designed and issued by the Department that describes and explains the limitations and/or conditions noted in the restriction area of a person's driver's license.

 

"Medical Waiver" – temporary regulatory relief for up to three months from one or more Federal Motor Carrier Safety Regulations given to a person, by FMCSA, subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations in accordance with 49 CFR 381.200 (October 1, 2014).

 

"Medical Variance" – a driver has received one of the following from FMCSA, which allows the driver to be issued a medical certificate:

 

an exemption letter permitting operation of a CMV pursuant to 49 CFR 381 (October 1, 2014), subpart C or 49 CFR 391.64 (October 1, 2014); or

 

a skilled performance evaluation (SPE) certificate permitting operation of a CMV pursuant to 49 CFR 391.49 (October 1, 2014). [625 ILCS 5/6-500 (21.5)]

 

"Mental or Physical Disorder or Disability" – a scientifically recognized condition that may medically impair a person's mental and/or physical health to the extent of being unable to safely operate a motor vehicle.

 

"Military Deferral Card" – a card issued at the expiration of the driver's license to extend the expiration while in the military, of the license of the licensee, spouse and dependent children who are living with the licensee while on active duty serving in the Armed Forces of the United States outside the State of Illinois.

 

"Minor" – a person under 18 years of age.

 

"Miscellaneous Suspension" – a suspension for safety responsibility, financial responsibility, warrant parking/traffic, auto emissions, failure to appear, curfew, mandatory conviction, tollway, family financial responsibility, automated traffic law violation, nighttime driving restriction or unsatisfied judgment.

 

"Monocular Vision Acuity" – a visual acuity reading obtained utilizing each individual eye.

 

"Moped" − a motor-driven cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 m.p.h. but not greater than 30 m.p.h., and is equipped with a motor that produces 2 brake horsepower or less.  If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.  [625 ILCS 5/1-148.2]

 

"Motorcycle" – every motor vehicle having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor [625 ILCS 5/1-147].

 

"Motorcycle Rider Safety Training Course" – a course of instruction in the use and operation of motorcycles and/or motor-driven cycles, including instruction in the safe on-road operation of motorcycles and/or motor-driven cycles, the rules of the road and the laws of this State relating to motor vehicles, which course must meet the requirements set out in 92 Ill. Adm. Code 455.101.

 

"Motor-Driven Cycle" − every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement, including motorized pedalcycles [625 ILCS 5/1-145.001].

 

"Motor Vehicle" – every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs.  Motor vehicles are divided into two divisions:

 

First Division:  Those motor vehicles that are designed for the carrying of not more than 10 persons.

 

Second Division:  Those motor vehicles that are designed for carrying more than 10 persons, those motor vehicles designed or used for living quarters, those motor vehicles that are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division. [625 ILCS 5/1-146]

 

"Motor Vehicle Departments of Foreign States" – the departments in other states that issue driver's licenses.

 

"Motor Vehicle Record" – a report of the driving status and history of a driver generated from the driver record provided to users, such as drivers or employers, and is subject to the provisions of the Driver Privacy Protection Act (18 U.S.C. 2721-2725). [625 ILCS 5/6-500(22.2)]

 

"Nasal Vision Reading" – a field of vision 35Ί from the straight ahead.

 

"National Driver Register" or "NDR" – a computerized database of files on drivers maintained by the U.S. Department of Transportation, National Highway Traffic Safety Administration.

 

"Night" − the hours during the period from sunset to sunrise.

 

"Nighttime Drive" – a road test administered during the hours of sunset to sunrise.

 

"Nighttime Driving Privilege" – a privilege granted to a licensed driver to operate a motor vehicle during nighttime hours while wearing a telescopic lens arrangement. 

 

"Non-CDL" – any other type of motor vehicle license, such as an automobile driver's license or a motorcycle license.

 

"Non-CDL Skills Test" – any drive test given to an applicant who is attempting to obtain a driver's license except for a Class D, a CDL or a CDL endorsement.

 

"Non-Excepted Interstate" or "NI" – a person who operates or expects to operate in interstate commerce, is subject to and meets the qualification requirements under 49 CFR 391 (October 1, 2014), and is required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014). [625 ILCS 5/6‑500(22.7)]

 

"Non-Excepted Intrastate" or "NA" – a person who operates only in intrastate commerce and is subject to State driver qualification requirements. [625 ILCS 5/6-500(22.8)]

 

"Official Investigation" – the act of examining and inquiring into an occurrence or circumstance with care and accuracy by a duly authorized member of a local, state or federal agency while acting in a professional capacity.

 

"Operator's License" – any driver's license to operate a motor vehicle issued under the laws of any state.

 

"Organized Religion" – a group of people with the same or similar beliefs brought together to exercise those beliefs.

 

"P Endorsement" – a notation on the driver's license that the driver has qualified to operate a vehicle designed to transport 16 or more persons, including the driver.

 

"Peripheral Vision" – vision from the outside line of direct sight toward the temporal area.

 

"Preliminary Favorable Medical Report" – a current medical report or a current written statement on official letterhead that is signed and dated by a competent medical specialist indicating that in the specialist's professional opinion the driver is medically fit to safely operate a motor vehicle; however, additional information and/or clarification or consultation is needed.

 

"Probationary License" – a special license granting full driving privileges during a period of suspension and is issued upon successful completion of a driver remedial education course.

 

"Problem Driver Pointer System" or "PDPS" – a pointer file consisting of an index of problem drivers (as determined by adverse driver's license actions) that is maintained by a driver's home state (SOR) and is accessed by other states (SOI) to determine a person's eligibility to apply for a driver's license.

 

"Proof of Insurance" − acceptable forms of proof of insurance include, but are not limited to, the following:

 

Illinois insurance card that contains the company name, policy number, effective and expiration dates, name of the insured, vehicle year and make and a minimum of the last six characters of the Vehicle Identification Number (VIN);

 

Combination of proof of purchase of the motor vehicle within 60 days and a current insurance card [625 ILCS 5/7-602(b)];

 

Current declaration page of a liability policy [625 ILCS 5/7-602(c)] that contains the company name, policy number, effective and expiration dates, name of the insured, vehicle description and liability limits of the policy;

 

Liability insurance binder [625 ILCS 5/7-602(d)];

 

Certificate of Insurance [625 ILCS 5/7-602(d)];

 

Payment receipt for a liability insurance premium [625 ILCS 5/7-602(d)] that contains the company name, policy number, effective and expiration dates, name of the insured, vehicle year, make and a minimum of the last six characters of the VIN, date of premium payment and signature of company representative;

 

Current rental agreement [625 ILCS 5/7-602(e)];

 

Registration plates, registration sticker or other evidence of registration issued by the Secretary of State's Office only upon submission of proof of liability insurance [625 ILCS 5/7-602(f)];

 

Certificate, decal or other document or device issued by a governmental agency for a motor vehicle indicating the vehicle is insured for liability [625 ILCS 5/7-602(g)] (or has qualified for an exemption to the liability insurance law).

 

"Prosthesis" – an artificial limb such as arm or leg.

 

"Public Safety Worker" − a person employed by this State or a political subdivision thereof that provides firefighting, medical or other emergency services [625 ILCS 5/6-117.2(f)].

 

"Questionable Medical Report" – a medical report that contains medical information raising some reasonable doubt regarding the driver's medical ability to safely operate a motor vehicle, including the following:

 

A medical report that indicates the driver has experienced an attack of unconsciousness within the past six months;

 

The medical report lacks a professional opinion indicating whether the driver is medically fit to safely operate a motor vehicle; 

 

The medical report was signed and/or completed by someone other than a competent medical specialist;

 

The competent medical specialist recommends the driver has driving privileges, however, expresses reservations about the driver's ability to safely operate a motor vehicle.

 

"Real ID Compliant Driver's License" – a driver's license issued in compliance with the REAL ID Act, federal implementing regulations (6 CFR 37), and this Part.  Real ID compliant driver's licenses shall bear a security marking approved by the U.S. Department of Homeland Security [625 ILCS 5/6-100(e)].

 

"Real ID Compliant Identification Card" − an Illinois Identification Card or Illinois Person with a Disability Identification Card issued in compliance with the REAL ID Act, federal implementing regulations (6 CFR 37), and this Part.  Real ID compliant identification cards shall bear a security marking approved by the U.S. Department of Homeland Security [15 ILCS 335/1A].

 

"Reckless Driving" – driving a motor vehicle with a willful or wanton disregard for the safety of persons or property or knowingly driving a vehicle using an incline in a roadway, such as a railroad crossing, bridge approach or hill to cause the vehicle to become airborne [625 ILCS 5/11-503].

 

"Registration Sticker" − a device or devices to be attached to a rear registration plate that will renew the registration and registration plate or plates for a pre‑determined period not to exceed one registration year except as provided in IVC Section 3-414(1).

 

"Regularly Scheduled Classroom Instruction" – the continuous and uninterrupted education course that takes place during the specific time period (i.e., quarter) in which the school has scheduled the student to participate.

 

"Rehabilitation Institution" – any hospital, center, institute or facility engaged in a program to provide driver training for the disabled.

 

"Religious Organization Bus" – any vehicle other than a vehicle of the First Division or a school bus as defined by IVC Section 1-182 that is exclusively owned and operated by a religious organization and is used primarily in conducting the official activities of that organization.

 

"Religious Organization Vehicle Restriction" – the authority to operate a religious organization bus (see IVC Section 6-106.2).

 

"Representative Vehicle" – a motor vehicle that represents the type an applicant operates or expects to operate.

 

"Rescind" – to annul or void a suspension, revocation, cancellation, disqualification or denial.

 

"Restricted Local License" – a special restricted driver's license issued under IVC Section 6-113 and intended to enable a person to drive a specific route.

 

"Restriction" – the notation on a driver's license or permit indicating requirements deemed applicable to the licensee by the Department to assure safe operation of a motor vehicle.

 

"Review of Driving Habits" – a review of the applicant's driving record maintained by the Office of the Secretary of State, or documentation from another licensing entity, that has been certified within 30 days prior to the date of application, to insure that the requirements are met (see IVC Sections 6-104, 6‑508).

 

"Road Test" – an actual demonstration of the applicant's ability to operate a motor vehicle (see IVC Section 6-109).

 

"S Endorsement" − an endorsement for CDL holders who operate as a school bus driver to transport pre-primary, primary or secondary school students to and from home, from school to home, or to and from school-sponsored events.

 

"Safety Course" – an explanation provided by a rental agency to an individual during the rental transaction concerning the controls and features of the vehicle and its proper operation.

 

"Safety Officer" – any individual employed by a third-party certifying entity who is licensed by the Department to administer the CDL skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2014) to the entities' employees and members.  A safety officer is equivalent to a Third Party Skills Test Examiner as defined in 49 CFR 383.5 (October 1, 2014).

 

"SAVE" − the Systematic Alien Verification for Entitlements Program that allows electronic inquiries to U.S. Citizenship and Immigration Services (USCIS) by state motor vehicle agencies in the determination of the immigration status of an applicant for a Visa Status Temporary Visitor's Driver's License pursuant to IVC Section 6-105.1(a).

 

"School Bus" – every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of the entity:

 

Any public or private primary or secondary school;

 

Any primary or secondary school operated by a religious institution; or

 

Any public, private or religious nursery school.

 

This definition shall not include the following:

 

A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is:

 

On a regularly scheduled route for the transportation of other fare paying passengers;

 

Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or

 

Being used for shuttle service between attendance centers or other education facilities.

 

A motor vehicle of the first division.

 

A motor vehicle designed for the transportation of not less than seven nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. [625 ILCS 5/1-182]

 

"School Bus Commercial Learner's Permit" or "School Bus CLP" – a learner's permit that allows an applicant for a school bus permit to operate a school bus, but only when accompanied by a properly classified driver with a school bus driver permit.

 

"School Bus Driver Permit" – a permit issued to an applicant who has met all the requirements that authorize the individual to drive a school bus (see IVC Section 6-106.1).

 

"Seasonal Restricted Commercial Driver's License" or "Restricted CDL" – a limited waiver for employees of certain farm-related services to operate specific commercial motor vehicles without a commercial driver's license for a limited period.

 

"Second Division Vehicle" – any vehicle designed to carry more than 10 persons, those designed or used for living quarters and those vehicles designed to pull or carry property, freight or cargo, those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division, and those motor vehicles of the first division used and registered as school buses [625 ILCS 5/1-217].

 

"Secondary Dissemination" – the distributing or sharing of an image by a source other than the primary source (Secretary of State) that has direct access to the image.

 

"Secretary of State" – the Secretary of State of Illinois [625 ILCS 5/1-184].

 

"Self-Admission" – a statement or indication from the driver that the driver has a mental disorder/disability and/or physical condition or disability that may impair the ability to safely operate a motor vehicle or that is likely to cause a loss of consciousness.

 

"Self-Certification" – a driver's signed and dated declaration of the type of driving (NI, EI, NA, EA) in which the driver engages or expects to engage while operating a CMV.

 

"Senior Citizen Transportation Vehicle" – a vehicle, other than a vehicle of the first division or a school bus, exclusively owned and operated by a senior citizen organization and used primarily in conducting the official activities of the organization.

 

"Serious Traffic Violation" – a conviction when operating a commercial motor vehicle, or when operating a non-CMV, while holding a CLP or CDL of: a violation relating to excessive speeding involving a single speeding charge of 15 miles per hour or more above the legal speed limit; a violation relating to reckless driving;  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; a violation, relating to having multiple driver's licenses (see IVC Section 6-501); a violation relating to the requirement to have a valid CLP or CDL (see IVC Section 6-507(a)); a violation relating to improper or erratic lane changes; a violation relating to following another vehicle too closely; 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 to be serious pursuant to 92 Ill. Adm. Code 1040.20.

 

"Skills Performance Evaluation" or "SPE" – a certificate, issued by FMCSA to a driver with a missing limb, in accordance with 49 CFR 391.49 (October 1, 2014), which allows the driver to operate a CMV.

 

"Special Needs Individuals" – those individuals who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required be individuals generally [625 ILCS 5/6-117.2(f).

 

"SSOLV" − the Social Security Online Verification system that allows electronic inquiries to the Social Security Administration by state motor vehicle agencies to verify names and social security numbers of applicants for driver's licenses or identification cards.

 

Standard Driver's Licensea driver's license issued by the Secretary of State that does not meet the requirements of the REAL ID Act, federal implementing regulations (6 CFR 37), and this Part.

 

Standard Identification Cardan identification card issued by the Secretary of State that does not meet the requirements of the REAL ID Act, federal implementing regulations (6 CFR 37), and this Part.

 

"State" – a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada [625 ILCS 5/1-195].

 

"Suspension" – the temporary withdrawal by formal action of the Secretary of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary [625 ILCS 5/1-204].

 

"Tank Vehicle" – any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank or tanks having an individual rate capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis.  Those vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 CFR 171 (2011). [625 ILCS 5/1-204.4] 

 

"Telescopic Lens Arrangement" – a non-standard adaptive device that aids in improving vision deficits.

 

"Telescopic Lens Vision Specialist Report" – an approved confidential vision questionnaire directed to the Department, or a statement on letterhead made by a vision specialist, containing the same information as the form designed by the Department.

 

"Temporal Vision Reading" – a field of vision 70Ί from the straight ahead.

 

"Temporary Driver's License or Instruction Permit" – a driver's license or instruction permit issued for no longer than 90 days to a person who is temporarily unable to obtain a license or instruction permit.

 

"Temporary Visitor's Driver's License" or "TVDL" – a license issued to:

 

a foreign national who is authorized to temporarily reside in this country allowing the operation of a motor vehicle under the laws of this State (referred to in this Part as "Visa status"); or

 

an applicant who:

 

resided in this State for a period in excess of one year;

 

is ineligible to obtain a social security number; and

 

is unable to present documentation issued by the United States Citizenship and Immigration Services authorizing the person's presence in this country [625 ILCS 5/6-105.1(a-5)] referred to in this Part as "non-Visa status".

 

"Termination of an Adjudication of Disability Order" – an order by a court of competent jurisdiction terminating an adjudication of disability of the driver pursuant to Section 11a-20 of the Probate Act of 1975 [755 ILCS 5/11a-20].

 

"Third-Party Certification License" − a license issued by the Secretary of State to a third-party certifying entity that allows the entity to participate in the third-party certification program.

 

"Third-Party Certification Program" − a Secretary of State program that allows a third-party entity to administer the CDL skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2014) to its employees or members.

 

"Third-Party Certifying Entity" or "Entity" – an entity licensed by the Secretary of State to participate in the third-party certification program.  A third-party certifying entity is equivalent to a third party tester as defined in 49 CFR 383.5 (October 1, 2014).

 

"Transportation Security Administration" or "TSA" – a division of the Department of Homeland Security administering provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act; Public Law 107-56, 115 Stat. 272).

 

"Traffic Regulation Governing the Movement of Vehicles" – a violation for which points are assigned pursuant to 92 Ill. Adm. Code 1040.20.

 

"Type A Injury" – an injury that requires immediate professional attention in either a doctor's office or a medical facility and includes severely bleeding wounds, distorted extremities and injuries requiring the injured party to be carried from the scene.

 

"Traffic Environmental Screening" – a screening designed by the Department that shall consist of the driver demonstrating the ability to recognize actual traffic conditions using the telescopic lens arrangement while riding with and being evaluated by a Driver Services Facility representative.

 

"Unfavorable Medical Report" – a medical report signed and completed by a competent medical specialist containing a professional opinion that, due to a physical and/or mental disorder/disability, the driver is not medically fit to operate a motor vehicle.

 

"Unfavorable Telescopic Lens Vision Specialist Report" – a telescopic lens vision specialist report signed and completed by a licensed vision specialist that indicates a professional opinion that the driver is not capable of safely operating a motor vehicle, or the monocular or binocular acuity readings and/or peripheral readings do not meet Illinois standards, or the peripheral vision readings do not meet Illinois standards as set forth in Section 1030.70, or the power of the telescopic lenses does not meet Illinois standards as set forth in Section 1030.75.

 

"Unfavorable Vision Specialist Report" – a vision specialist report signed and completed by a vision specialist:

 

indicating the monocular or binocular acuity and/or peripheral vision readings do not meet Illinois standards as set forth in Section 1030.70, the driver would not accept or has refused the recommended correction, and the driver's vision readings without this correction are not favorable; or

 

containing a professional opinion that, due to a vision condition, the driver is not visually safe to operate a motor vehicle. 

 

"Unfit to Stand Trial Order" – an order by a court of competent jurisdiction whereby a defendant, because of a mental or physical condition, is unable to understand the nature and purpose of the proceeding against the defendant or to assist in the defense against it pursuant to Section 104-10 of the Code of Criminal Procedure [725 ILCS 5/Art. 104-10].

 

"USCIS" − U.S. Citizenship and Immigration Services is a bureau of the U.S. Department of Homeland Security (USDHS) that is in charge of processing immigrant visa petitions, naturalization petitions, and asylum and refugee applications, as well as making adjudicative decisions performed at the services centers and managing all other immigration benefit functions.

 

"Valid Driver's License or Permit" – a license or permit issued by the Secretary of State that is of the proper classification for the purposes for which it is being used and that has not expired, been invalidated, denied, canceled, revoked, suspended or disqualified, or been used after a curfew or nighttime driving restriction.

 

"Vendor" – an authorized fingerprint company approved by the Illinois State Police (ISP) who will transmit fingerprint data to ISP to be forwarded to the FBI.

 

"Verification of Residency Form" – a form printed by the Secretary of State that non-Visa status temporary visitor's driver's license applicants shall complete and that contains all Illinois addresses at which the applicant has resided for the 12 months immediately prior to application.

 

"Vision Screening" – the readings obtained by a physician, ophthalmologist, optometrist or Department representative of an applicant's visual acuity and peripheral fields of vision.

 

"Vision Specialist" – a doctor licensed to practice medicine in optometry under the Illinois Optometric Practice Act [225 ILCS 80] or a competent medical specialist.

 

"Vision Specialist Report" – an approved confidential vision questionnaire directed to the Department, or a statement on letterhead made by a vision specialist, containing the same information as the form designed by the Department.

 

"Visual Acuity Readings" – the minimum vision standards set forth in Sections 1030.70 and 1030.75.

 

"Visual Peripheral Readings" – the minimum vision standards set forth in Sections 1030.70 and 1030.75.

 

"Withdrawal" – the negating of valid driving privileges by a state as the result of sanctions taken against driving privileges.

 

"Youth for Whom the Department of Children and Family Services is Legally Responsible For" or "Foster Child" – a child or youth whose guardianship or custody has been accepted by the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987, the Children and Family Services Act [20 ILCS 505], the Abused and Neglected Child Reporting Act [325 ILCS 5], and the Adoption Act [750 ILCS 50].  This applies to children for whom the Department of Children and Family Services has temporary protective custody, custody and guardianship via court order, or children whose parents have signed an adoptive surrender or voluntary placement agreement with the Department [15 ILCS 335/1A].

 

(Source:  Amended at 46 Ill. Reg. 7823, effective April 27, 2022)

 

Section 1030.5  Procedure for Obtaining a Standard Driver's License or Identification Card

 

a)         An applicant for a standard driver's license or identification card must appear at a Secretary of State Driver Services Facility and complete an application form provided by the Secretary of State pursuant to IVC Section 6-106, which shall include the questions provided in Appendix A.  The applicant shall also provide a Driver Services Facility employee with acceptable forms of identification provided in Appendix B establishing the applicant's name, date of birth, signature, Illinois residency and social security number.  An application for a CDL must include proof of citizenship or lawful permanent residency or obtain a non‑domiciled CDL. 

 

b)         An applicant for a driver's license shall take the following tests as required in IVC Section 6-109:

 

1)         A vision test as provided in Sections 1030.70 and 1030.75;

 

2)         A road test, if required, as provided in Section 1030.85 (exemptions to the road test requirement are provided in Section 1030.88); and

 

3)         A written test, if required, as provided in Section 1030.80.

 

c)         Driver's license applicants who are 16 or 17 years of age and not legally emancipated by marriage shall not be issued a driver's license without the written consent of the applicant's parent, legal guardian or other responsible adult, regardless of whether the required written consent also accompanied the person's previous application for an instruction permit and until the applicant has, in accordance with IVC Section 6-107(b):

 

1)         Held a valid instruction permit for a minimum of 9 months;

 

2)         Passed an approved driver education course and submitted proof of having passed the course as may be required;

 

3)         Submitted, on a form prepared or approved by the Secretary of State, certification by the parent of the applicant, the legal guardian having custody of the applicant, or, in the event there is no parent or legal guardian, by another responsible adult, that the applicant has had a minimum of 50 hours, at least 10 hours of which have been at night, of behind-the-wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle.  The 50 hours shall be in addition to the required hours spent with a driver education instructor.  The person completing the certification shall, upon signing the certification, swear under penalty of perjury, that everything contained within the certification is true and correct.

 

d)         Driver's license applicants who are 18, 19 or 20 years of age who have not previously been licensed and who have not successfully completed an approved driver education course or the classroom portion of an approved driver education course shall not be issued a driver's license unless the applicant has successfully completed an adult driver education course offered by an adult driver education course provider and proof of that completion has been submitted to the Secretary by the adult driver education course provider. 

 

e)         A photograph shall be taken of a driver's license applicant unless the applicant is exempt under Section 1030.90. 

 

f)         A temporary driver's license shall be issued at the facility upon completion of all the requirements of this Section and IVC Chapter 6.  Upon successful completion of verification by the Secretary of State, which may include, but is not limited to, a facial recognition check of the applicant's image against the Secretary of State image database, verification of residency and social security number, the applicant shall be mailed a driver's license to the address provided by the applicant. 

 

g)        The fees collected for the issuance of an original, renewal, duplicate or corrected driver's license shall be in accordance with IVC Section 6-118.

 

h)        A driver's license issued under this Section does not meet the requirements of the REAL ID Act and shall bear the words "Federal Limits Apply".

 

i)         An applicant applying for the first time for a CDL passenger endorsement, school bus endorsement or hazardous materials endorsement or upgrading a CDL must complete entry-level driver training.

 

(Source:  Amended at 46 Ill. Reg. 7823, effective April 27, 2022)

 

Section 1030.6  Procedure for Obtaining a Visa Status Temporary Visitor's Driver's License Pursuant to IVC Section 6-105.1(a)

 

a)         Any foreign national who wishes to obtain a temporary visitor's driver's license (TVDL), pursuant to IVC Section 6-105.1(a), shall go to one of the designated TVDL Secretary of State Driver Services Facilities located throughout the State. An application form, provided by the Secretary of State pursuant to IVC Section 6-106, shall be completed by the applicant. The questions contained on the application form are provided in Appendix A. The applicant shall also provide a Driver Services Facility employee with acceptable forms of identification described in Appendix B to establish the applicant's name, date of birth, signature for comparison, Illinois temporary residency, and authorization of legal presence in this country. The applicant shall also provide a government-issued photo identification document and shall affirm under penalty of perjury that the applicant is at the time of application ineligible for a social security number.

 

b)         Except as otherwise provided, a TVDL shall only be issued to an individual who is authorized to reside in this country for one or more years and has at least six months of authorized presence remaining at the time of application. Individuals currently holding a TVDL who have been granted a temporary extension to remain in this country pending a decision on a request for a status change, upon presentation of documents issued by USCIS, may be issued a TVDL for the period of the temporary extension.  Applicants who are citizens from a country that has been designated for temporary protected status by the United States Department of Homeland Security and who were not in the United States at the time temporary protected status was designated are exempt from the provisions of this paragraph.

 

c)         The applicant shall take the following tests as required in IVC Section 6-109:

 

1)         A vision test as provided in Sections 1030.70 and 1030.75;

 

2)         A road test, if required, as provided in Section 1030.85 (exemptions to the road test requirement are provided in Section 1030.88); and

 

3)         A written test, if required, as provided in Section 1030.80.

 

d)         Applicants who are 16 or 17 years of age and not legally emancipated by marriage shall not be issued a TVDL without the written consent of the applicant's parent, legal guardian or other responsible adult, regardless of whether the required written consent also accompanied the person's previous application for an instruction permit and, in accordance with IVC Section 6-107(b), the applicant has:

 

1)         Held a valid instruction permit for a minimum of 9 months;

 

2)         Passed an approved driver education course and submitted proof of having passed the course as may be required;

 

3)         Submitted, on a form prepared or approved by the Secretary of State, certification by the parent of the applicant, the legal guardian having custody of the applicant, or, in the event there is no parent or legal guardian, by another responsible adult, that the applicant has had a minimum of 50 hours, at least 10 hours of which have been at night, of behind-the-wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle. The 50 hours shall be in addition to the required hours spent with a driver education instructor. The person completing the certification shall, upon signing the certification, swear under penalty of perjury that everything contained within the certification is true and correct.

 

e)         Applicants who are 18, 19 or 20 years of age who have not previously been licensed and who have not successfully completed an approved driver education course or the classroom portion of an approved driver education course shall not be issued a TVDL unless the applicant has successfully completed an adult driver education course offered by an adult driver education course provider and proof of that completion has been submitted to the Secretary by the adult driver education course provider.

 

f)         Each TVDL applicant shall have a photograph taken, unless exempted by Section 1030.90.

 

g)         A TVDL shall only be issued in Class D, L or M, as established in Section 1030.30.

 

h)         A temporary driver's license shall be issued at the facility upon completion of all the requirements of this Section and IVC Chapter 6.  Upon successful completion of verification by the Secretary of State, which may include, but is not limited to, a facial recognition check of the applicant's image against the Secretary of State image database and verification of residency, the applicant shall be mailed a driver's license to the address provided by the applicant.

 

i)         Each original TVDL shall expire 3 years after the date of issuance or at the time the individual's authorization to remain in this country expires, whichever is earlier. However, the TVDL of an individual 81 years of age or older shall expire in accordance with IVC Section 6-115(g) or at the time the individual's authorization to remain in this country expires, whichever is earlier.

 

j)          Each renewal TVDL shall expire no more than 3 years after the expiration date of the current license or at the time the individual's authorization to remain in this country expires, whichever is earlier. However, the TVDL of an individual 81 years of age or older shall expire in accordance with IVC Section 6-115(g) or at the time the individual's authorization to remain in this country expires, whichever is earlier.

 

k)         The fees collected for the issuance of an original, renewal, duplicate or corrected TVDL shall be in accordance with IVC Section 6-118.

 

l)          Any person who wishes to renew a TVDL shall go to one of the designated Secretary of State Driver Services Facilities located throughout the State no more than 90 days before the expiration date of the current TVDL. An applicant for renewal shall comply with the provisions of subsection (a). The applicant shall also be retested in accordance with IVC Section 6-109.

 

m)        The Secretary of State shall not send a renewal notice to the holder of a TVDL.

 

n)         The design and content of a TVDL shall be in accordance with IVC Sections 6-105.1 and 6-110 and Section 1030.90. The license shall be distinctive in nature to identify it as a TVDL and shall contain the phrase "not valid for identification".

 

o)         Each TVDL issued to applicants under 21 years of age shall be in accordance with IVC Sections 6-107.3 and 6-110(e) and (e-1). A TVDL issued to an individual under the age of 21 years shall expire 3 years after the issue date or when the individual's authorization to remain in this country expires, whichever is earlier.

 

p)         A foreign national who is issued a TVDL shall not be required to surrender his/her foreign country driver's license.

 

q)         A Central Unit will be established within the Driver Services Department.  The responsibilities of this Central Unit shall be to provide assistance to Driver Services Facility employees responsible for the issuance of a TVDL and to individuals applying for a TVDL; resolve cases in which the USCIS was unable to provide first level verification via the Systematic Alien Verification for Entitlements (SAVE) Program of USCIS documents presented by TVDL applicants at the Driver Services Facility level; perform liaison services to USCIS; and provide written notification of an applicant's eligibility or ineligibility for a TVDL.

 

1)         When an applicant appears at one of the designated Driver Services Facilities and provides the necessary documents to prove identity and legal presence, a facility employee will begin the process by initiating an automated inquiry via the SAVE Program to verify the information on the USCIS documents. Upon receipt of a verification response from the SAVE Program, the facility employee will begin the TVDL application process. If the facility employee receives the response of "initiate additional verification", additional information is submitted to USCIS via the SAVE Program and copies of the applicant's documents are forwarded to the Central Unit for monitoring. The applicant will be advised that the applicant will receive written notification from the Central Unit regarding eligibility for a TVDL.

 

2)         A response to a second request for verification of USCIS documents via the SAVE Program generally takes 3 to 5 days. Upon receipt of a response from the second verification request via the SAVE Program, the Central Unit will send a letter to the applicant informing the applicant of eligibility or ineligibility for a TVDL.

 

3)         If the Central Unit receives a response of "Need Copies of Docs" from USCIS via the SAVE Program, a third, manual verification process must be completed. Photocopies of the documents submitted for identification, accompanied by a USCIS G-845 Form (request for verification of documentation of alien status), must be forwarded to USCIS in Chicago, Illinois. Upon receipt of a written response from USCIS, the Central Unit will send a letter to the applicant informing the individual of eligibility or ineligibility for a TVDL.

 

(Source:  Amended at 46 Ill. Reg. 16402, effective September 15, 2022)

 

Section 1030.7  Procedure for Obtaining a Non-Visa Status Temporary Visitor's Driver's License Pursuant to IVC Section 6-105.1(a-5)

 

a)         An applicant who wishes to obtain an original TVDL, renew a TVDL, or obtain a corrected TVDL, pursuant to IVC Section 6-105.1(a-5), must make an appointment, via telephone or the Secretary of State's official website, to visit one of the designated TVDL Secretary of State Driver Services Facilities located throughout the State.  The Secretary of State will limit to 3 the number of appointments that may be made by any one individual or entity or from any one internet protocol address within a 24-hour period, except that the limit of 3 appointments may be waived by the Secretary of State for not-for-profit entities that assist the affected public in scheduling appointments.  In the event the Secretary discovers appointments have been made in violation of a policy limiting the number of appointments within a 24-hour period, the Secretary may cancel the appointments exceeding the maximum number allowed.  Based on the operational needs of the office, the Secretary may eliminate the requirement for appointments. An applicant who wishes to obtain a duplicate TVDL shall visit any TVDL facility located throughout the State. An application form, provided by the Secretary of State pursuant to IVC Section 6-106, shall be completed by the applicant. The questions contained on the application form are provided in Appendix A.

 

b)         An applicant for an original TVDL shall provide acceptable forms of identification as defined in Appendix C to establish the applicant's name, date of birth, signature for comparison, current Illinois residence address, and residency in Illinois for a period in excess of one year. The applicant shall affirm under penalty of perjury that he/she is at the time of application ineligible to obtain a social security number and shall submit either a valid, unexpired passport for the applicant's country of citizenship or a valid, unexpired consular identification document, as defined by Section 5 of the Consular Identification Document Act [5 ILCS 230/5], issued by the consulate of the applicant's country of citizenship and a completed verification of residency form.

 

c)         An applicant for a duplicate or corrected TVDL must present one document from Group A and one document that satisfies Group D, if requesting an address change to appear on the document (see Appendix C).

 

d)         An applicant renewing a TVDL need only present his/her current TVDL if no changes are required.  If the applicant does not have his/her TVDL or changes are required, the applicant must present one document from Group A and one document that satisfies Group D, if requesting an address change to appear on the document.

 

e)         The applicant shall take the following tests as required in IVC Section 6-109:

 

1)         A vision test as provided in Sections 1030.70 and 1030.75;

 

2)         A road test, if required, as provided in Section 1030.85 (exemptions to the road test requirement are provided in Section 1030.88); and

 

3)         A written test, if required, as provided in Section 1030.80.

 

f)         Applicants who are 16 or 17 years of age and not legally emancipated by marriage shall not be issued a TVDL without the written consent of the applicant's parent, legal guardian or other responsible adult, regardless of whether the required written consent also accompanied the person's previous application for an instruction permit and, in accordance with IVC Section 6-107(b), the applicant has:

 

1)         Held a valid instruction permit for a minimum of 9 months;

 

2)         Passed an approved driver education course and submitted proof of having passed the course as may be required;

 

3)         Submitted, on a form prepared or approved by the Secretary of State, certification by the parent of the applicant, the legal guardian having custody of the applicant, or, in the event there is no parent or legal guardian, by another responsible adult, that the applicant has had a minimum of 50 hours, at least 10 hours of which have been at night, of behind-the-wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle. The 50 hours shall be in addition to the required hours spent with a driver education instructor. The person completing the certification shall, upon signing the certification, swear under penalty of perjury that everything contained within the certification is true and correct.

 

g)         Applicants who are 18, 19 or 20 years of age who have not previously been licensed and who have not successfully completed an approved driver education course or the classroom portion of an approved driver education course shall not be issued a TVDL unless the applicant has successfully completed an adult driver education course offered by an adult driver education course provider and proof of that completion has been submitted to the Secretary by the adult driver education course provider.

 

h)         A temporary driver's license shall be issued at the facility upon completion of all the requirements of this Section and IVC Chapter 6.  Upon successful completion of verification by the Secretary of State, which may include, but is not limited to, a facial recognition check of the applicant's image against the Secretary of State image database and verification of residency, the applicant shall be mailed a driver's license to the address provided by the applicant.

 

i)          A TVDL shall only be issued in Class D, L or M, as established in Section 1030.30.

             

j)         Each original TVDL shall expire 3 years from the date of issuance, except that a TVDL issued to an applicant 81 years of age or older shall expire in accordance with IVC Section 6-115(g).

 

k)         An applicant for a renewal TVDL shall be retested in accordance with IVC Section 6-109. 

 

l)          Each renewal TVDL shall expire no more than 3 years from the expiration date of the current license, except that a TVDL issued to an applicant 81 years of age or older shall expire in accordance with IVC Section 6-115(g). 

           

m)        The design and content of a TVDL shall be in accordance with IVC Sections 6-105.1 and 6-110 and Section 1030.90. The license shall be distinctive in nature to identify it as a TVDL and shall contain the phrase "not valid for identification".

 

n)         The design and content of a TVDL issued to applicants under 21 years of age shall be in accordance with IVC Sections 6-107.3 and 6-110(e) and (e-1). 

 

o)         The fees collected for the issuance of an original, renewal, duplicate or corrected TVDL shall be in accordance with IVC Section 6-118.

 

p)         An applicant for a TVDL that is male and is between the ages of 18 and 25 is not exempt from the requirement to register with the United States Selective Service System, in accordance with IVC Section 6-106.

 

(Source:  Amended at 41 Ill. Reg. 3009, effective February 24, 2017)

 

Section 1030.8  Procedure for Obtaining a Real ID Compliant Driver's License or Identification Card

 

a)         An applicant for a Real ID compliant driver's license or identification card shall visit a Secretary of State Driver Services Facility and complete an application form provided by the Secretary of State pursuant to IVC Section 6-106, which shall include the questions provided in Appendix A.  The applicant shall provide a Driver Services Facility employee with acceptable documents as provided in Appendix D establishing the applicant's identity (name and date of birth), United States citizenship or lawful status, signature, social security number and Illinois residency.

 

b)         An applicant for a Real ID Compliant driver's license shall take the following tests as required in IVC Section 6-109:

 

1)         A vision test as provided in Sections 1030.70 and 1030.75;

 

2)         A road test, if required, as provided in Section 1030.85 (exemptions to the road test requirement are provided in Section 1030.88); and

 

3)         A written test, if required, as provided in Section 1030.80.

 

c)         Applicants for a Real ID compliant driver's license who are 16 or 17 years of age and not legally emancipated by marriage shall not be issued a driver's license without the written consent of the applicant's parent, legal guardian or other responsible adult, regardless of whether the required written consent also accompanied the person's previous application for an instruction permit and until the applicant has, in accordance with IVC Section 6-107(b):

 

1)         Held a valid instruction permit for a minimum of 9 months;

 

2)         Passed an approved driver education course and submitted proof of having passed the course as may be required; and

 

3)         Submitted, on a form prepared or approved by the Secretary of State, certification by the parent of the applicant, the legal guardian having custody of the applicant, or, in the event there is no parent or legal guardian, by another responsible adult, that the applicant has had a minimum of 50 hours, at least 10 hours of which have been at night, of behind-the-wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle.  The 50 hours shall be in addition to the required hours spent with a driver education instructor.  The person completing the certification shall, upon signing the certification, swear under penalty of perjury that everything contained within the certification is true and correct.

 

d)         Applicants for a Real ID compliant driver's license who are 18, 19 or 20 years of age who have not previously been licensed and who have not successfully completed an approved driver education course or the classroom portion of an approved driver education course shall not be issued a driver's license unless the applicant has successfully completed an adult driver education course offered by an adult driver education course provider and proof of that completion has been submitted to the Secretary by the adult driver education course provider.

 

e)         A photograph shall be taken of a Real ID compliant driver's license or identification card applicant.

 

f)         A Real ID compliant driver's license or identification card shall bear the applicant's full legal name (first name, middle names and last names).  Use of initials or nicknames is prohibited. 

 

g)         The applicant's social security number shall be verified via Social Security Online Verification (SSOLV) and shall be reverified at every renewal. 

 

h)         If an applicant presents a United States passport or passport card, it shall be verified via the U.S. Passport Verification Service (USPVS).

 

i)          If an applicant presents a foreign passport accompanied by an I-94 reflecting the date of the most recent admission into the United States, a permanent resident card or an employment authorization document, it shall be verified via Systemic Verification for Alien Entitlements (SAVE) and shall be reverified at every renewal. 

 

j)          If an applicant presents a certified birth certificate issued by a State Office of Vital Statistics or equivalent agency in the individual's state of birth, it shall be verified via Electronic Verification of Vital Events (EVVE) only if EVVE is able to verify birth certificates from every state and territory dating back to a time sufficient to verify applicants of every age. 

 

k)         The Secretary shall not issue a Real ID compliant driver's license to any person who holds a Real ID compliant identification card in Illinois.  The Secretary shall not issue a Real ID compliant identification card to any person who holds a Real ID compliant driver's license in Illinois.  The Secretary shall not issue a Real ID compliant driver's license or identification card to any person who holds any type of a driver's license or identification card in another state.  To determine if an applicant holds a driver's license or identification card in another state, the Secretary shall submit an inquiry via State to State (S2S) Verification Service. 

 

l)          A secure temporary driver's license or identification card, valid for 90 days, shall be issued at the facility upon completion of all the requirements of this Section and IVC Chapter 6.  Upon successful completion of verification by the Secretary of State, which may include, but is not limited to, a facial recognition check of the applicant's image against the Secretary of State image database and verification of residency, the applicant shall be mailed a Real ID compliant driver's license or identification card to the address provided by the applicant.

 

m)        An applicant whose immigration documents are submitted to SAVE for

verification and for whom SAVE requires additional verification shall be issued a 90-day temporary driver's license or identification card.  The temporary driver's license or identification card may be re-issued for another 90-day period.  If the applicant is unable to resolve the issue with SAVE by the end of the second 90-day period, no driver's license or identification card shall be issued to the applicant.

 

n)        The fees collected for the issuance of an original, renewal, duplicate or corrected Real ID compliant driver's license shall be in accordance with IVC Section 6-118.  The fees collected for the issuance of an original, renewal, duplicate or corrected Real ID compliant identification card shall be in accordance with Section 12 of the Identification Card Act.

 

o)        A Real ID compliant driver's license shall expire in accordance with IVC Section 6-115.  A Real ID identification card shall expire in accordance with Section 8 of the Identification Card Act. 

 

p)        The Secretary shall photocopy or scan and maintain the documents submitted to the Secretary by a Real ID applicant. 

 

q)         A Real ID compliant driver's license or identification card shall bear a gold star.  A Real ID compliant driver's license or identification card issued to an applicant who is not a United States citizen or permanent resident shall bear the words "limited term".

 

r)         An applicant applying for the first time for a CDL, passenger endorsement, school bus endorsement or hazardous materials endorsement or upgrading a CDL must complete entry-level driver training.

 

(Source:  Amended at 46 Ill. Reg. 7823, effective April 27, 2022)

 

Section 1030.10  What Persons Shall Not be Licensed or Granted Permits

 

The Secretary of State shall cancel the license of any individual when there is evidence that the person suffers, or has suffered, periods of temporary loss of consciousness.  No person who suffers, or has suffered, from temporary periods of loss of consciousness shall operate a motor vehicle on the highways of this State unless and until that person agrees to authorize a competent medical specialist to report any change in condition that would impair the person's ability to safely operate a motor vehicle.  No person who suffers, or has suffered, periods of temporary loss of consciousness shall operate a motor vehicle upon the highways of this State unless and until there is on file, in the Secretary of State's Office, a statement from a competent medical specialist that, in his or her opinion, the person can safely operate a motor vehicle.  Statements submitted in accordance with this Section are for the confidential use of the Secretary of State to implement the provisions of IVC Section 6-103(8) and will not be otherwise available except by order of a duly constituted Court.  This requirement has been applicable since July 21, 1973.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.11  Procedure for Obtaining a Driver's License/Temporary Visitor's Driver's License (Renumbered)

 

(Source:  Section 1030.11 renumbered to Section 1030.5 at 37 Ill. Reg. ____, effective 19342__________)

 

Section 1030.12  Identification Cards for the Homeless

 

a)         An applicant for an identification card who otherwise qualifies for an identification card and who submits a completed homeless status certification, completed no longer than 90 days before the date of application, shall be issued an identification card at no cost.

 

b)         The homeless status certification may be completed and signed by:

 

1)         a representative of a homeless service agency that receives federal, State, county or municipal funding to provide those services or that is otherwise sanctioned by local continuum of care;

 

2)         an attorney licensed to practice law in the State of Illinois;

 

3)         a public school homeless liaison or school social worker;

 

4)         a human services provider funded by the State of Illinois to serve homeless or runaway youth, individuals with mental illness or individuals with addictions; or

 

5)         a representative of a religious organization that offers services to the homeless.

 

c)         The homeless status certification must also be signed by the applicant seeking the identification card.

 

d)         The homeless status certification must be executed in front of a notary public.

 

(Source:  Added at 34 Ill. Reg. 9457, effective June 23, 2010)

 

Section 1030.13  Denial of License or Permit

             

 

a)         The Secretary of State shall deny driving privileges to any applicant under 18 years of age:

 

1)         Who has committed or has been convicted of an offense that would otherwise result in a mandatory revocation of a license or permit as provided in IVC Section 6-205;

 

2)         Who has been convicted of, or adjudicated a delinquent based upon, a violation of the Cannabis Control Act [720 ILCS 540], the Illinois Controlled Substances Act [720 ILCS 570], or the Methamphetamine Control and Community Protection Act [720 ILCS 646], while that individual was in actual control of a motor vehicle.

 

A)        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.

 

B)        The conviction shall be reported to the Secretary of State's Office in a manner prescribed by IVC Section 6-107;

 

3)         Who has been charged with a violation of the Illinois Vehicle Code or the

Criminal Code of 1961 [720 ILCS 5] arising out of an accident in which the person was involved as a driver that caused the death of or a Type A injury to another person.  [625 ILCS 5/6-108.1]

 

b)         The Secretary of State shall deny a driver's license to any applicant under 18 years of age:

 

1)         Who has not attained the age of 16, who has not passed an approved driver education course as defined in IVC Section 1-103 or has not submitted proof of having passed the course as may be required by the Secretary of State; or

 

2)         Who has been convicted of a violation of IVC Section 6-101 or a similar provision of a local ordinance or a similar out-of-state offense regarding operating a motor vehicle without a valid driver's license or permit committed on or after January 1, 1998.

 

c)         The Secretary of State shall deny a driver's license to any applicant under 18 years of age for a period of nine months or until the applicant's 18th birthday, whichever period is shorter, who has been convicted of an offense against traffic regulations governing the movement of vehicles or any violation of IVC Section 6-107 or 12-603.l.

 

d)         The Secretary of State shall deny a driver's license or permit to any applicant who has been adjudicated under the Juvenile Court Act of 1987 [705 ILCS 405] based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit.  The applicant shall be denied a license or permit until his/her 18th birthday or until a period specified by the court.

 

e)         Any applicant who has been denied a license or permit under the provisions of IVC Section 6-107 may appeal to the Department of Administrative Hearings pursuant to IVC Section 2-118.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.14  Emergency Contact Database

 

a)         The Illinois Secretary of State shall establish an emergency contact database.  Eligible participants are any persons for whom an instruction permit, temporary visitor's instruction permit, driver's license, temporary visitor's driver's license or identification card record exists and can be authenticated on the Secretary of State driver's license and identification card database. 

 

b)         For the purposes of this Section, "emergency" is defined as a motor vehicle accident, accident involving another mode of transportation, a natural disaster, a criminal act, or similar unforeseen emergency circumstance in which a victim sustains injuries that render him or her unable to independently communicate with emergency contacts, contact information is not otherwise available, and immediate communication with a next of kin or other designated emergency contact is necessary in order to support the provision of needed emergency medical assistance or needed notification by law enforcement. 

 

c)         Participation in the emergency contact database shall be made available through the Secretary of State's official web site.  The applicant/participant shall be responsible for initiation of participation in the database, and for modification of and deletion of an existing emergency contact record and disability and special needs information.  Emergency contact records may otherwise be modified only to update applicant/participant name information if it is changed by the applicant/participant on the Secretary of State's driver's license and identification card database.  Emergency contact records shall otherwise not be modified and shall otherwise only be deleted when the driver's license or identification record no longer exists on the Secretary of State's driver's license and identification card database.

 

d)         No more than two contact persons may be selected by each applicant/participant.  The applicant shall be responsible for the accuracy and completeness of all information submitted. 

 

e)         The applicant/participant in the emergency contact database shall provide sufficient information to allow for authentication of the instruction permit, temporary visitor's instruction permit, driver's license, temporary visitor's driver's license or identification card record, and shall provide sufficient information regarding each contact's name, address, telephone number if the contact has a telephone, and relationship to the applicant/participant to allow for the identification of and location of his/her chosen contacts by law enforcement accessing the database.

 

f)         All requests to add, modify or delete a record in the emergency contact database, including disability or special needs information, shall be confidential.  Information contained in the emergency contact database shall only be released to law enforcement in the course of official duties or pursuant to a court order.  Law enforcement may share information contained in the emergency contact database, including disability and special needs information, with other public safety workers on scene, as needed to conduct official law enforcement duties.

 

g)         A participant in the emergency contact database may indicate that the participant has a disability or special needs.  A participant in the emergency contact database is not required to indicate a disability or special need.

 

(Source:  Amended at 37 Ill. Reg. 19342, effective November 28, 2013)

 

Section 1030.15  Cite for Re-testing

 

a)         Any competent medical specialist, commissioned police officer, state's attorney, member of the judiciary, authorized Secretary of State employee or member of the judiciary may submit information to the Department relative to the physical condition of a person, including suspected chronic alcoholism or habitual use of narcotics or dangerous drugs, if that condition interferes with the person's ability to operate a motor vehicle safely (see IVC Sections 6-900 through 911).  Upon receipt of a written request citing good cause, the Department shall require a driver to submit to driver's license re-testing.  All written requests shall be confidential and signed by the source unless sent electronically, and the Secretary of State shall not release the information without a court order.

 

b)         The Department shall notify the driver of the obligation to appear within five days on a choice of three given dates at a designated driver services facility nearest in location to the city or town of residence that is recorded on the driver's most recent license renewal. There will be a 10-day grace period after the third given date before the Department will cancel the driver's license or permit.  If the driver notifies the Department that he/she will be unable to appear on any of the three designated dates but prior to the final day of the 10-day grace period and provides a statement on official letterhead, signed by a competent medical specialist stating that, due to an existing medical condition, the driver is or will be unable to appear on any of the three designated dates, the Department shall issue three more dates on which the driver may appear for re-testing.  There will also be a 10-day grace period after the last date given for appearance prior to the Department canceling the driver's license or permit.  If the driver notifies the Department that he/she will not be able to appear during any of the second set of dates, but prior to the final day of the 10-day grace period, and provides a statement on letterhead signed by a competent medical specialist that states, due to an existing medical condition, the driver is or will be unable to appear during any of the second set of dates, the Department shall notify the driver of a final set of three dates on which the driver may appear.  Once the 10-day grace period expires, the Department will cancel the driver's driving privileges.  The driver may not request additional dates to appear for re-testing.

 

c)         Cited drivers shall be tested on the specific sections of the driver's license test indicated in the written request for re-testing received from the Department.  If no reference to a specific section of the driver's license test was made by a competent medical specialist, commissioned police officer, state's attorney, member of the judiciary, or authorized Secretary of State employee, the Department shall administer the cited driver the complete driver's license test.

 

d)         Drivers cited for any portion of the test shall receive only one opportunity to pass the test.  Failure to pass any required portion of the test shall result in the cancellation of the person's driver's license in accordance with IVC Section 6-201.  Failure of the driver cited to appear on any one of the three alternative dates indicated on the notice, or during a 10-day grace period that follows the last date, will result in the cancellation of the driver's license. A cited driver who passes all administered sections of the driver's license test shall be deemed to be in compliance with the Department's request, and shall be allowed to retain a valid driver's license.

 

e)         A cited driver required to take the road exam who is involved in an at-fault motor vehicle crash during the road exam is required to submit a medical report, completed after the date of the crash, to the Secretary, which shall be submitted to the Board for review.  The person's driver's license shall remain cancelled unless and until the Secretary receives a recommendation from the Chairperson of the Board that, in its professional opinion, the driver is medically fit to safely operate a motor vehicle.  The Board may refer the driver to a driver rehabilitation specialist for assessment and may require the person to complete any rehabilitation or training or use of adaptive devices recommended by the rehabilitation specialist.

 

f)         Driver's license tests shall be administered to the cited driver at no fee.

 

g)         In the event of application error, two requests shall be made of the licensee to return to a Driver Services Facility to obtain a corrected license.  If the licensee complies, a corrected driver's license shall be issued without a fee.  If the licensee fails to comply, he/she shall be cited for re-testing.  Failure to appear for re-testing or failure to pass the test shall result in cancellation of the driver's license.

 

h)         If a facility errs in not giving a certain section of the driver's license test and the licensee has not complied with two written requests to return to a Driver Services Facility for re-testing, the driver will be cited for the section of the test previously omitted.  If appearance is made and the cited driver passes the administered section of the driver's license test, he/she shall retain his/her driver's license.  If the licensee fails to appear or fails the test, the driver's license shall be canceled.

 

(Source:  Amended at 39 Ill. Reg. 8028, effective May 21, 2015)

 

Section 1030.16  Physical and Mental Evaluation

 

a)         The Department shall require a driver to submit a medical report from a competent medical specialist when:

 

1)         The driver answers in the affirmative to any question on the driver's license application regarding physical or mental health pursuant to IVC Section 6-109.

 

2)         The Department receives written comments and/or recommendations based upon firsthand knowledge or pursuant to an official investigation that brings into question a driver's physical or mental ability to safely operate a motor vehicle.  The comments and/or recommendations are confidential and must be submitted on official letterhead or a form designed by the Department and signed by an authorized source.

 

3)         The Department receives an Adjudication of Disability court order in which where the court appointed a guardian to manage the financial affairs or the estate of the person.

 

4)         The driver is renewing a driver's license that, at the time of issuance, required the driver to submit a medical report, except as provided in subsection (l).

 

5)         The Department receives a mandatory law enforcement report or message, based on first-hand knowledge or pursuant to an official investigation, that brings into question a driver's physical or mental ability to safely operate a motor vehicle.

 

6)         A driver, cited under Section 1030.15, is involved in a motor vehicle crash during a road exam.

 

b)         The Department shall cancel or medically deny driving privileges upon receipt of an Adjudication of Disability order in which the court appointed a guardian to make responsible decisions concerning the care of the person or of both the person and his/her financial affairs or estate, or the Department receives an order finding the driver unfit to stand trial.

 

1)         The notice of cancellation shall be mailed to the court-appointed guardian and the driver.

 

2)         The cancellation order shall remain in effect until the court issues an order terminating the adjudication of disability or the driver is found fit to stand trial.

 

3)         After receipt of an order of restoration, the Department shall request a favorable medical report. Upon receipt of a favorable medical report, the cancellation order shall be terminated and the person may reapply for driving privileges as outlined in IVC Section 6-106.

 

c)         The Department shall cancel or medically deny a driver pursuant to IVC Sections 6-103(8) and 6-201(a)(5), if one or more of the authorized sources submits a mandatory law enforcement report or a signed, written notification on official letterhead to the Department that, based upon firsthand knowledge or pursuant to an official investigation, the person was the driver of a motor vehicle involved in any type of accident or incident resulting from a seizure, an attack of unconsciousness or a blackout.

 

1)         Following a cancellation or denial of driving privileges, the driver must submit a medical report to be forwarded to the Board and abide by all subsequent requests by either the Department or the Board, if any, for further information and/or clarification prior to being eligible to reapply.

 

2)         Any medical reports and/or other information concurrently or subsequently received by the Department shall be referred along with the entire case to the Board for determination as to the driver's ability to safely operate a motor vehicle as outlined in subsection (j).

 

d)         The Department is authorized to cancel, pursuant to IVC Section 6-201(a)(8), any driver's license or permit upon determining that a driver failed to report to the Secretary of State, within 10 days after the driver became aware of the condition, as required by IVC Section 6-116.5, the existence of a medical condition that is likely to cause loss of consciousness (i.e., inability of the driver to sustain consciousness throughout the entire interval in which he/she intends to drive) or loss of ability to safely operate a motor vehicle.  If a driver's license is canceled and a favorable medical report is subsequently received, the cancellation shall be rescinded.

 

e)         When a driver is required to submit a medical report or clarification on a questionable report pursuant to subsections (a)(2), (3) and (5), the Department shall furnish the appropriate form to the driver to be completed by a competent medical specialist.  The driver must resubmit the completed medical report or requested information to the Department within 20 days.

 

1)         If a medical report is not received by the Department within 20 days, the driver's license shall be canceled or the driver medically denied driving privileges.

 

2)         If a driver's license is canceled and a preliminary favorable report or favorable medical report is subsequently received, the cancellation shall be rescinded, provided an unfavorable medical report is not received.

 

f)         If a driver fails to submit a medical report pursuant to subsection (a)(4), the Department shall cancel or medically deny driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).  If the Department subsequently receives a preliminary favorable report or favorable report, the cancellation shall be rescinded, provided an unfavorable medical report is not received.

 

g)         Except as provided in subsection (k), if, pursuant to subsection (a), the Department receives a favorable medical report, the Department shall authorize the issuance or renewal of driving privileges, unless the driver is otherwise ineligible.

 

h)         If, pursuant to subsection (a), the Department receives an unfavorable medical report, the Department shall cancel or medically deny the driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).

 

i)          Except as provided in subsection (k), if, pursuant to subsection (a), the Department receives a preliminary favorable report, the Department shall authorize the issuance or renewal of driving privileges, unless the driver is otherwise ineligible.  The Department shall then make a further determination as to the type of information and/or clarification that is needed in order to finish processing the report.

 

1)         If the report is incomplete or not current, a request shall be made to the driver to obtain the necessary information required to process the report.

 

A)        If the Department requests additional information from the driver, and the Department does not receive this information within 45 days after the written request, the Department shall cancel or medically deny the renewal of the driving privileges pursuant to IVC Sections 6-103 and 6-201.

 

B)        If a cancellation order is entered based upon an incomplete medical report or one that is not current, and information is received to make the medical report favorable or preliminarily favorable, a rescind order shall be entered, provided an unfavorable medical report is not received.

 

2)         If the report is questionable, the Department may forward the medical report to the Board for determination as to the driver's ability to safely operate a motor vehicle as outlined in subsection (j).

 

j)          If the Department receives a report from a competent medical specialist indicating the driver failed to abide by any of the terms of the medical agreement, the Department shall:

 

1)         cancel or medically deny the driving privileges if the medical report does not contain a professional opinion that the driver can safely operate a motor vehicle, and may, pursuant to subsection (k), forward the entire case to the Board for determination as to the driver's ability to safely operate a motor vehicle; and

 

2)         forward the entire case to the Board for determination as to the driver's ability to operate a motor vehicle, if the medical report or medical statement contains a professional opinion that the driver can safely operate a motor vehicle; and

 

3)         cancel or medically deny driving privileges if the medical report or medical statement contains a professional opinion that the driver cannot safely operate a motor vehicle; the entire file shall be considered an unfavorable medical report as outlined in subsection (g).

 

k)         The Department shall forward a driver's case to the Board when:

 

1)         the driver was medically denied or canceled based upon the Board's last recommendation;

 

2)         the Board has requested to review intermittent reports;

 

3)         a different competent medical specialist submits a favorable medical report contradictory to an unfavorable medical report on file that was used as the basis to deny or cancel driving privileges;

 

4)         the Department receives a request from a driver who wishes to have all medical reports on file with the Department reviewed by the Board;

 

5)         the Department receives a request from a driver who wishes to appeal a Type B, C, D, E, F, G, J01 or any other medical restriction that has been added to a driver's license or permit pursuant to Section 1030.92; or

 

6)         the driver, after a cite, was involved in a motor vehicle crash during a road exam.

 

l)          When a case is referred by the Department to the Board for review, the case shall be initially reviewed in the following manner:

 

1)         The Department shall assign the case to an individual Board member based upon the member's specialty or field of expertise.  The Department shall serve as a correspondent for the collection and distribution of all medical reports and/or other information between the driver and the Board.

 

2)         Upon receipt of the case from the Department, the individual Board member shall review the entire file and prepare an informal determination regarding the driver's medical ability to safely operate a motor vehicle for submission to the Chairperson.

 

A)        The Board member shall consider the driver's past driving record as evidenced by the driving abstract, medical reports, and any other medical or other information deemed to have probative value by the Board member regarding the driver's medical case.

 

B)        The Board member shall consider any medications and/or rehabilitative devices currently being used or available to the driver.

 

C)        The Board member shall use the medical criteria listed in Section 1030.18 when reviewing the driver's medical condition.

 

3)         When reviewing a medical case, the Board member may require the driver to submit to further medical examinations and/or a driving assessment conducted by a driver rehabilitation specialist and to agree to make the results of these examinations/assessments available to the Board member for use in rendering an informal determination.

 

A)        The driver shall be solely responsible for the selection, scheduling and expenses related to any additional examinations/assessments that may be required.

 

B)        While the Board member may designate the type of physician, medical specialist or driver rehabilitation specialist from whom the driver needs further examination/assessment, the Board member shall not recommend a particular physician, medical specialist or driver rehabilitation specialist.

 

C)        The driver shall have up to 45 days from the date of the Department's written request to submit additional reports.

 

D)        The driver's license of any driver who refuses to submit to additional examinations as requested, or refuses to make these reports available to the Board member, shall be canceled or medically denied until the driver complies with the Board member's request and the Board member is able to render an informal determination to the Chairperson pursuant to IVC Sections 6-103 and 6-201.

 

4)         The informal determination shall include the medical condition of the driver and the limitations associated with the condition that could reasonably impair a driver's ability to safely operate a motor vehicle; the scope of driving privilege, if any; and the reasons for the Board member's decision.

 

5)         All stages of the informal determination process shall be made as soon as possible, given the individual Board member's and Chairperson's caseload and the complexity of the case.

 

6)         The name of the Board member rendering the informal determination shall not be disclosed.

 

m)        Upon receipt of the informal determination from the Board member, the Chairperson shall make a formal determination to the Department regarding the driver's medical fitness to safely operate a motor vehicle and the scope of licensure, if any, including the use of mechanical devices and/or other conditions for driving.

 

1)         The formal determination by the Chairperson shall include the existence of the medical condition and/or limitation that may impair the driver's ability to safely operate a motor vehicle.

 

2)         The formal determination shall also be based upon the Findings of Fact and opinion of the individual Board member, including, but not limited to, medical evaluations, reports submitted by medical specialists, including driver rehabilitation specialists, medications taken by the driver, the driving record, and other scientifically recognized information commonly accepted in the medical profession.

 

3)         The formal determination shall also indicate the scope of driving privileges that would enable the driver to safely operate a motor vehicle, including the extent to which compensatory aids and devices must be used and may require the person to complete any rehabilitation or training recommended by the rehabilitation specialist.

 

4)         In the event driving privileges are restricted or denied, the formal determination shall also state the reasoning for the restriction or denial in accordance with the medical criteria stated in Section 1030.18.

 

5)         The Chairperson shall have the authority to confer with the Board member who rendered the determination, in the event the Chairperson needs to confirm or clarify any portion of the Board member's informal determination.

 

n)         Upon receipt of the formal determination, the Department shall take the appropriate action, in accordance with the recommendation of the Chairperson, on behalf of the Board.

 

1)         If the Department receives a recommendation from the Board that in its professional opinion the driver is not medically fit to safely operate a motor vehicle, the Department shall enter an order canceling or medically denying driving privileges pursuant to IVC Sections 6-103 and 6-201.

 

2)         If the Department receives a recommendation from the Board that in its professional opinion the driver is medically fit to safely operate a motor vehicle, the Department shall rescind or terminate any medically related cancellation or cancellation entered pursuant to Section 1030.15(e).

 

o)         If a driver wants to contest a restriction, cancellation or denial of driving privileges, the Department must receive a written request from the driver for a panel review of the medical case within 30 days after the action taken by the Department.  Panel review of the driver's medical case shall be made by a panel of three Board members selected by the Chairperson based upon the Board member's specialty or field of expertise.  The Board member who rendered the formal determination shall participate in the panel review process.  The following procedure shall apply to the medical case under panel review:

 

1)         The Department shall notify the driver immediately and confirm the driver's request for panel review within seven working days after receipt of the written request.

 

2)         The driver has 45 days from the date of the notice to submit all additional medical reports to the Department for consideration by the panel.

 

3)         The driver may furnish additional medical reports and/or statements for review by the panel.  The document must be returned to the Department at the address indicated on the confirmation notice.

 

4)         The Department, at the direction of the Chairperson, shall prepare and forward the medical case to the panel upon receipt of the documents from the driver, or a written statement from the driver indicating the decision not to submit additional reports and to proceed with the review, or at the expiration of 45 days, whichever occurs first.

 

5)         Each panel member shall consider the contents of the file that was used to make the formal determination, including additional medical reports submitted by the driver and any new entries listed on the driver's driving record.  The panel shall use the same medical criteria and procedure that apply when reviewing an individual case, including the authority to request additional medical examinations as found in subsection (l)(3).  The panel shall only consider evidence in written form.  No oral testimony shall be allowed during this type of review.

 

6)         The formal determination under panel review shall be made as soon as reasonably possible given the Board members' and Chairperson's caseload, and the complexity of the case.  Panel review cases shall be given priority.

 

7)         Upon completion of the panel review, the informal determination of each panel review member shall be forwarded to the Chairperson.  The informal determination shall contain the same elements as outlined in subsection (l)(4).

 

8)         Any restriction of driving privileges, cancellation or medical denial shall remain in effect until the Department notifies the driver in writing.

 

p)         Upon receipt of each of the panel members' determinations, the Chairperson shall make a formal recommendation to the Department regarding the driver's ability to safely operate a motor vehicle and the scope of any licensure, including the use of mechanical devices and/or other conditions for driving.

 

1)         The recommendation of the Chairperson shall be based upon the majority ruling of the members' informal determinations.

 

2)         The Chairperson shall have the authority to confer with the members of the panel to confirm, clarify and formulate the recommendation to the Department.

 

3)         The Chairperson's recommendation shall contain the same elements as outlined in subsections (l)(1) through (4).

 

q)         The Department shall follow the recommendation of the Chairperson based upon the determination rendered by the panel.

 

1)         If the Department receives a formal recommendation from the Chairperson to uphold the decision of the individual Board member who first reviewed the case, the action taken by the Department shall remain in effect.

 

2)         If the Department receives a formal determination from the Chairperson to amend the original determination of the Board member who first reviewed the case, the Department shall follow the determination of the panel, including the recommendation of the granting of full or limited driving privileges or complete cancellation or denial of driving privileges.

 

3)         The driver shall be notified immediately in writing by the Department of the panel's formal determination regarding his/her driving privileges.  The driver shall also be notified in writing of his/her right to request a medical hearing.

 

r)          A driver who wants to contest the cancellation or medical denial of driving privileges for medical reasons shall be entitled to a hearing in accordance with 92 Ill. Adm. Code 1001.Subparts A and E, and IVC Section 2-118.

 

s)         Unless a competent medical specialist has submitted a medical report indicating the physical or mental condition or disability no longer exists, the Department shall require the driver to submit a medical report at each driver's license renewal.

 

1)         The Department shall notify the driver at least 30 days prior to the expiration of his/her driver's license. 

 

2)         Notification shall be in writing and mailed to the driver's last known address as indicated on the Department's driving record.  The notice shall state that the driver must submit a medical report when renewing a driver's license.

 

t)          The Department shall require a driver to appear at a Driver Services Facility to receive a corrected driver's license if a competent medical specialist or the Board recommends a driver's license restriction pursuant to Section 1030.92.

 

1)         The Department shall immediately provide written notification to the driver at the last known address indicated on the Department's driving record.  The notice shall state that failure to comply within 20 days after the request will result in the cancellation of the person's driver's license pursuant to IVC Section 6-201.5.

 

2)         The Department shall mail a medical restriction card to the driver describing the restrictions on the driver's license.

 

3)         The driver must abide by the restrictions contained on the card.

 

4)         The driver, upon receipt of the medical restriction card from the Department, shall carry the medical card with his/her driver's license when operating a motor vehicle.

 

5)         If a driver's license is canceled for failing to comply with a written request from the Department, and the driver subsequently complies with all requests of the Department, the cancellation shall be rescinded or terminated.

 

u)         The Department shall require periodic medical reports between renewals, if recommended by a competent medical specialist or the Board.

 

v)         The Chairperson is authorized to appoint a designee to complete any of the duties required to be performed by the Chairperson as prescribed by this Section.

 

(Source:  Amended at 39 Ill. Reg. 14930, effective October 29, 2015)

 

Section 1030.17  Errors in Issuance of Driver's License/Cancellation

 

a)         In the event of a driver's license issuance error or administrative error, the Department shall provide the driver with written notice of his/her obligation to appear at a Driver Services Facility for issuance of a corrected driver's license without further testing pursuant to IVC Section 6-207.  The Department shall allow the driver at least five  but no more than 45 days from the notice date to obtain a corrected driver's license at no fee.  No extension shall be granted to the driver, except upon receipt of a confirmed medical emergency.  

 

b)         A driver who obtains a corrected driver's license shall  be in compliance with the Department's request and shall be allowed to retain driving privileges.

 

c)         Refusal or neglect to obtain a corrected driver's license within the specified period shall result in the cancellation of driving privileges pursuant to IVC Sections 6-201(a)(1) and 6-207(b).

 

d)         Any driver whose driver's license is canceled pursuant to this Section will be allowed to obtain a corrected driver's license without re-testing or paying an additional fee, if the driver is not otherwise ineligible.

 

e)         An order rescinding the cancellation shall be entered on the record of the driver who obtains a corrected or renewed driver's license.

 

(Source:  Amended at 40 Ill. Reg. 13637, effective September 19, 2016)

 

Section 1030.18  Medical Criteria Affecting Driver Performance

 

 

           

a)         The competent medical specialist and the Board shall review and apply the following medical criteria when rendering to the Department a medical opinion of a driver's ability to safely operate a motor vehicle.

 

1)         The driver must possess the emotional and intellectual ability to operate a motor vehicle.  The driver's medical condition must be controlled as follows:

 

A)        be free from distractions caused by hallucinations;

 

B)        be free from impulsive behavior, homicidal tendencies and/or suicidal tendencies;

 

C)        be oriented with advanced preparation of the driver's destination;

 

D)        be able to recognize and understand symbols of language and road signs and possess the ability to not only see objects in the field of vision, but also to recognize their significance and to react to them with sufficient speed to avoid a catastrophe;

 

E)        possess sufficient memory to recall the driver's destination, the significance of road signs and hazards, and the operational control of the motor vehicle;

 

F)         be able to distinguish left from right and to judge distance and relative speed of the motor vehicle as well as other vehicles that may present a potential danger.

 

2)         The driver must possess the motor and sensory abilities to safely operate a motor vehicle.  The driver's medical condition must be controlled as follows:

 

A)        the ability to sit in a stable and erect posture and hold the head erect throughout an intended driving interval;

 

B)        be able to turn the head at least 25 degree in either direction in order to amplify the field of vision;

 

C)        be able to control the motor vehicle with ease, including the gripping of the steering wheel and reaching of the controls and pedals, all without unbalancing or stressing the driver;

 

D)        be able to perform all routine operations of the motor vehicle with steady, well coordinated movements.  The reaction time of the driver must be average and not limited by muscle, joint or skeletal deformity.

 

3)         The driver must have the ability to sustain consciousness throughout the entire intended driving interval.

 

4)         The driver must be free from severe pain that could cause sudden incapacitation or the inability to control a motor vehicle.

 

5)         The driver must be able to meet the vision requirements set forth in Sections 1030.70 and 1030.75.

 

6)         The driver must not be medicated to the extent of being incapable of safely operating a motor vehicle.

 

b)         The competent medical specialist and the Board shall evaluate the severity and/or limitations of the medical condition a driver may have on a case-by-case basis.  The Board may at any time request additional information to assist it in evaluating the driver's medical case.  The Board shall take into account the driver's past driving history and any underlying documents requested by the Board or submitted by the driver and any documents relating to any accident, as well as all medication and/or any mechanical mechanism being used by, or otherwise available to, the driver.

 

c)         The competent medical specialist and the Board each have the authority to recommend full or limited driving privileges to the Department, including, but not limited to, restricted driving hours or miles, use of mechanical devices, and other conditions the competent medical specialist and the Board deem appropriate, such as requesting follow-up medical reports, depending upon the circumstances of the medical case.

 

d)         The competent medical specialist and the Board each have the authority to recommend medical denial of driving privileges indefinitely, or for a specific period of time.

 

e)         Information, to the extent known by the competent medical specialist, to be considered in determining if an individual is medically fit to safely operate a motor vehicle, shall include, but is not limited to:

 

1)         History of illness;

 

2)         Severity of symptoms and prognosis;

 

3)         Complications and/or co-morbid conditions;

 

4)         Treatment and medications, effects and side effects, and person's knowledge and use of medications;

 

5)         Results of medical tests and reports of laboratory findings;

 

6)         Functional ability, including mental or emotional function;

 

7)         Reports of driver conditions or behavior;

 

8)         Traffic accidents that have been caused by a medical condition. Temporary medical conditions (e.g., broken limbs) are not to be considered under this subsection (e).

 

f)         The Department shall determine if an individual is qualified to safely operate a motor vehicle based on a vision test, the individual's knowledge of traffic laws, road signs and rules of the road, vehicle equipment and safe driving practices, and a road test as outlined in IVC Section 6-109.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.20  Classification of Drivers – References (Repealed)

                         

(Source:  Repealed at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.22  Medical Examiner's Certificate – CLP or CDL Holders

 

a)         Every person who holds a CLP or CDL must meet the requirements set forth in 49 CFR 383.71(a)(2) through (a)(9) and (h) (October 1, 2014) and self-certify with the Department as one of the following:

 

1)         Non-excepted interstate (NI) – Operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 CFR 391 (2011), and is required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014);

 

2)         Excepted interstate (EI) – Operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 CFR 390.3(f), 391.2, 391.68 or 398.3 (October 1, 2014) from all or parts of the qualification requirements of 49 CFR 391 (October 1, 2014), and is therefore not required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014);

 

3)         Non-excepted intrastate (NA) – Operates or expects to operate only in intrastate commerce and is both subject to and meets the qualification requirements under 49 CFR 391 (October 1, 2014), as incorporated by reference at 92 Ill. Adm. Code 391.2000, and is required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014). (See 92 Ill. Adm. Code 391.2000(c) for intrastate exceptions.); or

 

4)         Excepted intrastate (EA) – Operates in intrastate commerce, but engages exclusively in transportation or operations excepted from all or parts of the State driver qualification requirements and is therefore not required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014).

 

b)         Every applicant for a CLP or CDL, including a renewal and upgraded CLP or CDL, must self-certify as set forth in subsection (a).

 

c)         Failure, by a current CDL holder, to self-certify with the Department by January 30, 2014 will result in the cancellation of the CDL privileges.

 

d)         Pursuant to 49 CFR 383.73(a)(5) (October 1, 2014), the Department shall require a CLP or CDL holder to submit a medical examiner's certificate when the driver self-certifies to non-excepted interstate (NI) driving operations (see subsection (a)(1)).

 

e)         Intrastate drivers subject to subsection (a)(3) are not required to submit a medical examiner's certificate to the Secretary when the driver self-certifies to NA driving privileges.

 

f)         The medical examiner's certificate must be submitted on a form approved by the Department and contain the following information:

 

1)         Signature of medical examiner;

 

2)         Medical examiner's telephone number;

 

3)         Date of issuance of the medical examiner's certificate;

 

4)         Medical examiner's full name;

 

5)         Medical examiner's specialty;

 

6)         Medical examiner's license/certificate number and issuing state;

 

7)         Driver's signature;

 

8)         Driver's license number and issuing state;

 

9)         Driver's residence address;

 

10)        Expiration date of the medical examiner's certificate;

 

11)        Medical Examiner's National Registry Number.

 

g)         The Department shall require a CLP or CDL holder to submit a medical variance when the medical examiner's certificate indicates a medical variance is required.

 

h)         Within 10 calendar days after the receipt of a medical examiner's certificate, medical variance or notification from FMCSA that a medical variance was removed or rescinded, the Department shall update the CDLIS driver record.

 

i)          If the Department receives notification that a CLP or CDL holder has been granted a medical variance and the most recent medical certificate on file with the Department does not contain a medical variance, the CLP or CDL holder shall be required to submit a current medical examiner's certificate reflecting the variance and to appear at a CDL facility to have a corrected CLP or CDL issued.  If, within 20 days after notification by the Department, the CLP or CDL holder fails to submit an updated medical examiner's certificate or to have a corrected CLP or CDL issued, the driver's CLP or CDL privileges will be cancelled pursuant to IVC Section 6-201(a)(12).

 

j)          All CLP or CDL holders who have certified to non-excepted interstate (NI) driving must maintain on file with the Department a current medical examiner's certificate and, if applicable, a medical variance.

 

1)         The Department shall notify the driver in writing at least 90 days prior to the expiration of his or her medical examiner's certificate and/or medical variance that a new certificate and/or variance must be filed with the Department.

 

2)         The Department shall, within 10 days after the expiration of the driver's medical examiner's certificate and/or medical variance, update the medical certification status to "not certified".

 

3)         Failure of the CLP or CDL holder to submit a new medical examiner's certificate and/or medical variance within 30 days after the expiration date of the most recent medical examiner's certificate and/or medical variance on file will result in the cancellation of the CLP or CDL privileges pursuant to IVC Section 6-201(a)(12).

 

A)        The cancellation shall take effect on the 31st day after the expiration of the medical examiner's certificate and/or medical variance. 

 

B)        The cancellation order shall remain in effect until the driver:

 

i)          Provides a current and completed medical examiner's certificate and, if applicable, a medical variance; or

 

ii)         Appears at a CDL facility, downgrades to a non-CDL license and has a corrected driver's license issued; or

 

iii)        Changes the self-certification to excepted interstate, excepted intrastate or non-excepted intrastate.

 

4)         If the commercial driving privileges are cancelled and a current and completed medical examiner's certificate and/or medical variance is subsequently received, the cancellation shall be rescinded.

 

k)         If the Department receives notification from FMCSA that it has removed or rescinded a medical variance, the Department shall change the medical certification status to "not certified" on the CDLIS driving record and immediately cancel the CLP or CDL privileges.

 

1)         The Department shall notify the driver that one of the following requirements must be met in order to clear the cancellation:

 

A)        Provide a current and completed medical examiner's certificate that indicates a variance is no longer necessary; or

 

B)        Appear at a CDL facility, downgrade to a non-CDL license and have a corrected driver's license issued; or

 

C)        Change self-certification to excepted interstate, excepted intrastate or non-excepted intrastate.

 

2)         If the commercial driving privileges are cancelled and a current and completed medical examiner's certificate and medical variance is subsequently received, the cancellation shall be rescinded.

 

l)          If the Department receives notification from FMCSA that it has removed or rescinded a medical examiner's certificate, the Department shall change the medical certification status to "not certified" on the CDLIS driving record and immediately cancel the CLP or CDL privileges.

 

1)         The Department shall notify the driver that one of the following requirements must be met in order to clear the cancellation:

 

A)        Provide a current and completed medical examiner's certificate; or

 

B)        Appear at a CDL facility, downgrade to a non-CDL license and have a corrected driver's license issued; or

 

C)        Change self-certification to excepted interstate, excepted intrastate or non-excepted intrastate.

 

2)         If the commercial driving privileges are cancelled and a current and completed medical examiner's certificate and, if applicable, medical variance is subsequently received, the cancellation shall be rescinded.

 

m)        The Department shall not accept an incomplete medical examiner's certificate.  If a driver submits an incomplete medical examiner's certificate, the Department shall notify the driver, in writing, that the submitted medical examiner's certificate was incomplete and direct the driver to provide a completed medical examiner's certificate.  Failure of the CLP or CDL holder to submit a completed medical examiner's certificate to the Department within 30 days will result in the cancellation of the CLP or CDL privileges pursuant to IVC Section 6-201(a)(12).

 

1)         The cancellation order shall take effect on the 31st day and shall remain in effect until the driver:

 

A)        Provides a current and completed medical examiner's certificate and, if applicable, a medical variance; or

 

B)        Appears at a CDL facility, downgrades to a non-CDL license and has a corrected driver's license issued; or

 

C)        Changes the self-certification to excepted interstate, excepted intrastate or non-excepted intrastate.

 

2)         If the commercial driving privileges are cancelled and a current and completed medical examiner's certificate and, if applicable, medical variance are subsequently received, the cancellation shall be rescinded.

 

n)         The Department shall require a CLP or CDL holder to obtain a corrected driver's license with a restriction if the CLP or CDL holder submits a medical examiner's certificate that indicates the driver is medically approved to operate a CMV conditioned upon a restriction.

 

1)         Failure to appear at a CDL facility within 20 days to add the proper restriction to the CLP or CDL and pay the appropriate fee for a corrected driver's license will result in the cancellation of CLP or CDL privileges pursuant to IVC Section 6-201(a)(11).

 

2)         If the CLP or CDL privileges are canceled and the driver subsequently appears at a CDL facility, has the restriction added to the driver's license and has a corrected CLP or CDL issued, the cancellation shall be cleared.

 

o)         If the Department receives notification from a medical examiner or FMCSA that a medical certificate or information used to obtain a medical certificate is fraudulent, the Department shall change the medical certification status to "not certified" on the CDLIS driving record and immediately cancel the CDL privileges.

 

1)         The Department shall notify the driver that one of the following requirements must be met in order to clear the cancellation:

 

A)        Provide a current and completed medical examiner's certificate; or

 

B)        Appear at a CDL facility, downgrade to a non-CDL license and have a corrected driver's license issued.

 

2)         If the commercial driving privileges are cancelled and the driver appears at a CDL facility to downgrade to a non-CDL, the cancellation shall be cleared.

 

3)         If the commercial driving privileges are cancelled and a subsequent current and completed medical examiner's certificate is subsequently received, an investigation shall be conducted to determine the authenticity of the subsequent medical certificate.  Upon conclusion of the investigation, if it is determined that the subsequent medical certificate is authentic and is not based on any fraudulent information, and that the driver is medically fit to operate a commercial motor vehicle, the cancellation shall be cleared.  If the investigation concludes the subsequent medical certificate is not authentic or was based on fraudulent information, or the driver is not medically fit to operate a commercial motor vehicle, the cancellation shall stand and the Department shall review the case for fraud sanctions.

 

p)         Effective July 14, 2014, every person who holds a CLP or CDL and has self-certified to NA or EA operations must have a K restriction on his or her driver's license/driving record, in accordance with Section 1030.92.

 

(Source:  Amended at 40 Ill. Reg. 1882, effective January 12, 2016)

 

Section 1030.25  Safe Driver License Renewals

 

a)         The Department may centrally issue a driver's license renewal to an applicant who is not otherwise ineligible for a driver's license and meets the eligibility criteria for renewal through the Safe Driver Renewal Program. Eligible applicants are sent a Safe Driver Renewal notice indicating current eligibility for the program, by mail, approximately 90 days prior to the expiration of their current driver's license.

 

b)         Safe Driver Renewal applicants may renew their driver's license by making application by mail, Internet, or telephone. Applicants who are no longer eligible due to a change in their driving record will be denied at time of application through the Internet and telephone and shall be instructed to appear at a driver's license facility. Applicants who are no longer eligible at time of renewal who have submitted the application by mail will have their application and fee returned, with the reason of ineligibility, and shall be directed to appear at a driver's license facility.

 

c)         A driver is not eligible for Safe Driver Renewal if any of the following apply:

 

1)         The driver is the holder of a Commercial Driver's License;

 

2)         The driving record contains a withdrawal action;

 

3)         The driver is under the age of 22 or greater than the age of 74;

 

4)         The driver's license has been expired over one year, excluding any extensions due to Covid-19;

 

5)         The driver's last two renewals were completed through the Safe Driver Renewal or online renewal program;

 

6)         The driver's license expiration is greater than one year;

 

7)         The driver is required to submit a medical or vision specialist report;

 

8)         The driving record contains a conviction;

 

9)         The driver holds a school bus driver permit;

 

10)         The driving record contains a disposition of court supervision;

 

11)         The driving record indicates the driver has been involved in a property damage, personal injury, or fatal accident;

 

12)         The driver holds a restricted local license;

 

13)         The driver is less than 26 years of age and has not met a Selective Service obligation;

 

14)         The driver holds a visa status Temporary Visitor's Driver's license;

 

15)         The driver's social security number has not been verified through the Social Security On-line Verification System;

 

16)         The driver must meet the reporting requirements of the Sex Offender Registration Act;

 

17)         The driver's file does not contain a suitable image.

 

d)         By submission of a Safe Driver Renewal application, the driver affirms that:

 

1)         The driver has not been issued corrective lenses (eyeglasses/contacts) for driving since the last renewal.

 

2)         The driver's license or privilege to obtain a license is not suspended, revoked, cancelled or refused in this or any other state.

 

3)         The driver does not presently hold a valid driver's license in any other state.

 

4)         The driver's license is not being held by a court in lieu of bail.

 

5)         The driver does not have any condition that might cause a temporary loss of consciousness.

 

6)         The driver has no mental or physical condition that might interfere with safe driving.

 

7)         The driver does not use any drugs, including prescription medication, or alcohol to an extent that they impair driving ability.

 

8)         A court has not found the driver to have a mental disability or disease or a court has not committed the driver to a mental health facility within the last four years.

 

9)         The driver's legal name or gender has not changed.

 

e)         The fees collected for the issuance of a driver's license shall be in accordance with IVC Section 6-118 except that a processing fee will be charged by the service provider for applications received by telephone and Internet.

 

f)         If the renewal applicant does not receive the driver's license by mail, the applicant may be issued one duplicate driver's license, at no fee, provided an application for a duplicate is filed within 90 days after the date of the renewal application and the driver's license was not returned to the Department as undeliverable.  If a centrally issued driver's license is not returned to the Department by the U.S. Post Office as undeliverable, the applicant shall be required to appear at a driver services facility with one form of proof of residence address as outlined in Appendix B.  The applicant shall be charged the fee for a corrected license as set forth in IVC Section 6-118 if a change is required upon submission of the residence address documents.

 

(Source:  Amended at 45 Ill. Reg. 13406, effective October 5, 2021)

 

Section 1030.26  Identification Cards for IDOC/IDJJ Applicants

 

a)         A committed person who applies for an identification card upon release on parole, mandatory supervised release, aftercare release, final discharge or pardon, or to an adult transition center, from the Illinois Department of Corrections (IDOC) or Illinois Department of Juvenile Justice (IDJJ) and who submits a certified copy of his or her birth certificate, social security card or other documents authorized by the Secretary of State to prove date of birth and a social security number, as set forth in Appendix B, along with a properly completed Identification Card Verification form, completed no longer than 30 days before the date of discharge from IDOC or IDJJ shall be issued a standard Illinois Identification Card at no cost.

 

b)         The Identification Card Verification form must be completed in its entirety and signed by a representative of IDOC or IDJJ.  The Identification Card Verification form must be presented to a Secretary of State facility at the time of application for an Identification Card.

 

c)         If the applicant presents a completed Identification Card Verification form, but does not present a certified copy of his or her birth certificate, social security card or other documents authorized by the Secretary of State to prove date of birth and social security number, as set forth in Appendix B, the Driver Services Facility shall issue a limited-term 90 day Identification Card at no cost.

 

d)         If an applicant returns to a Driver Services Facility prior to the expiration of the limited term 90 day Identification Card and presents a certified copy of his or her birth certificate, social security card or other documents authorized by the Secretary of State to prove date of birth and social security number, as set forth in Appendix B, the applicant shall be issued a standard Illinois Identification Card at no fee.

 

e)         An applicant for a duplicate or corrected standard Identification Card must pay the fee set forth in Section 12 of the Illinois Identification Card Act [15 ILCS 335].  The expiration date of the duplicate or corrected Identification Card will remain the same as the originally issued Identification Card.

 

f)         An applicant who does not apply for a Secretary of State issued Identification Card within 30 days after release on parole, mandatory supervised release, after care release, final discharge or pardon, or to an adult transition center, from the IDOC as verified by the Identification Card Verification form completed by IDOC/IDJJ, is not eligible for a no-fee Identification Card and must pay the statutorily required fee set forth in Section 12 of the Illinois Identification Card Act.

 

g)         An applicant issued a limited term Identification Card who fails to return to a Secretary of State facility by the expiration of the limited term card, with a certified copy of his or her birth certificate and social security card or other documents authorized by the Secretary of State in Appendix B is not eligible for a standard Illinois Identification Card at no cost and must pay the fee set forth in Section 12 of the Illinois Identification Card Act. 

 

(Source:  Added at 41 Ill. Reg. 13665, effective October 30, 2017)

 

Section 1030.27  Identification Cards for Youth in Care

 

a)         An applicant for an Identification Card age 16-20 who is a youth for whom the Department of Children and Family Services (DCFS) is legally responsible for or is a foster child and who submits a properly completed DCFS form number CFS 906/906-1 shall be issued an Identification card at no cost.

 

b)         The CFS 906/906-1 form must be signed by a representative of DCFS and the applicant's caseworker and/or provider.

 

c)         To be accepted, the CFS 906/906-1 form must contain the following information:

 

1)         Complete name and residential address of applicant;

 

2)         DCFS Client ID number;

 

3)         Provider name and address; and

 

4)         Provider signature and current date.

 

(Source:  Added at 41 Ill. Reg. 13665, effective October 30, 2017)

 

Section 1030.30  Classification Standards

 

Driver's License Classification System

All driver's licenses issued by the Office of the Secretary of State after April 1, 1990, shall be classified as to the kind and type of vehicles the holder is licensed to drive, as follows:

 

a)         Class A:  Any combination of vehicles with a Gross Combination Weight Rating (GCWR) of 26,001 pounds or more, provided the Gross Vehicle Weight Rating (GVWR) of the vehicles being towed is in excess of 10,000 pounds.  Holders of a Class A license may, with the appropriate or required endorsements, operate all vehicles within Class A, B, C and D, but are not authorized to operate motorcycles or motor-driven cycles.

 

b)         Class B:  Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR. Holders of a Class B license may, with appropriate or required endorsements, operate all vehicles within Class B, C and D, but are not authorized to operate motorcycles or motor-driven cycles.

 

c)         Class C:

 

1)         Any Vehicle:

 

A)        with a GVWR of 16,001 or more pounds, but less than 26,001 pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR; or

 

B)        less than 26,001 pounds GVWR designed to transport 16 or more people including the driver or used in the transportation of hazardous materials that requires the vehicle to be placarded; or

 

C)        less than 26,001 pounds GVWR designed to transport 16 or more people including the driver or used in the transportation of hazardous materials that requires the vehicle to be placarded, towing a vehicle with a GVWR of 10,000 pounds or less or with a GCWR of less than 26,001 pounds.

 

2)         Holders of a Class C license may operate all vehicles within Class C and D, but are not authorized to operate motorcycles or motor-driven cycles. A Class C license is not required to operate rental vehicles when transporting an individual's own personal property or that of an immediate family member for non-business purposes within this State, if the individual has successfully completed a safety course regarding safe operation of the vehicle.

 

d)         Class D:  

 

1)         Any single vehicle:

 

A)        with a GVWR of 16,000 pounds or less that is not designed to transport 16 or more people or not used in the transportation of hazardous materials that would require the vehicle to be placarded; or

 

B)        with a GVWR of 16,000 pounds or less that is not designed to transport 16 or more people or not used in the transportation of hazardous materials that would require the vehicle to be placarded, towing any vehicle, providing the GCWR is less than 26,001 pounds.

 

2)         Holders of a Class D license may operate all vehicles within Class D, and may operate rental vehicles up to 26,000 pounds when transporting an individual's own personal property or that of an immediate family member for non-business purposes within the State, if the individual has successfully completed a safety course regarding the safe operation of the vehicle, but are not authorized to operate motorcycles or motor-driven cycles.

 

e)         Class L:  Any motor-driven cycle. 

 

f)         Class M:  Any motorcycle. 

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.40  Fifth Wheel Equipped Trucks

 

A fifth wheel equipped truck regulated under IVC Section 1-120.5 is any single unit motor vehicle that has the capability, because of design, to carry a load other than a part of the weight of an attached trailer. The trailer's load cannot be considered a truck-tractor even though it may:

 

a)         be used like a truck-tractor;

 

b)         be equipped with a fifth wheel assembly; or

 

c)                  include among its characteristics all the characteristics of a truck-tractor.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.50  Bus Driver's Authority, Religious Organization and Senior Citizen Transportation

                       

a)         If the GVWR, GCWR or person capacity of the religious organization bus or senior citizen transportation vehicle requires that the applicant's Illinois driver's license be of a different classification, the applicant shall comply with the provisions of the law to obtain the classification, restriction and/or endorsement necessary for the applicant to operate the type of religious organization bus or senior citizen transportation vehicle applied for.

 

b)         In the event a religious organization bus or senior citizen transportation vehicle driver is convicted of any of the offenses listed in IVC Section 6-106.2(5) or 6-106.3(5), that person's authority to operate a religious organization bus or senior citizen transportation vehicle shall be removed in the following manner:

 

1)         The Secretary of State shall notify the religious organization bus or senior citizen transportation vehicle driver he/she is no longer eligible to operate a religious organization bus or senior citizen transportation vehicle.

 

2)         A licensee shall surrender his/her Illinois driver's license at a Driver Services Facility within 10 days after receiving notification in order to have the restriction to operate the religious organization bus or senior citizen transportation vehicle removed from the driver's license.

 

3)         A corrected driver's license shall be issued to each eligible licensee and the applicant shall be charged a fee in accordance with IVC Section 6-118(a).

 

c)         Failure of a licensee to comply with subsection (b)(2) shall result in cancellation of the licensee's Illinois driver's license.

 

d)         If a person relocates to Illinois from out-of-state and desires the authorization to operate a religious organization bus or senior citizen transportation vehicle, he/she must provide a letter or an abstract from the former state of licensure indicating that the requirements of IVC Section 6-106.2 or 6-106.3 have been met.

           

e)         If a person resides in a state other than Illinois and wants to operate a religious organization bus and/or senior citizen transportation bus in Illinois, the applicant must hold a valid and properly classified license in his/her state of residence and a Religious Organization Bus and/or Senior Citizen Transportation Bus Certificate (Certificate) issued by the Illinois Secretary of State.  To obtain the Certificate, the applicant shall provide a letter or abstract from the licensing authority of his/her state of licensure indicating the requirements of IVC Section 6-106.2 and/or Section 6-106.3 have been met.  Both the Certificate and the valid and properly classified out-of-state license must be carried when the driver is operating a religious organization bus and/or senior citizen transportation bus in Illinois.

 

f)         Applicants who hold a valid school bus permit in Illinois are permitted to operate a religious organization bus or senior citizen transportation vehicle, within a classification set forth in Section 1030.30(b)(1) through (4), without having additional restrictions added to the license.  If the applicant wants to have the "J" restriction added to his/her license, the road test shall be waived, but the applicant shall pay a fee for a corrected license or permit in accordance with IVC Section 6-118(a).

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.55  Commuter Van Driver Operating a For-Profit Ridesharing Arrangement

a)         Pursuant to the provisions of IVC Section 6-106.4, an individual who applies for driving privileges to operate a commuter van in a for-profit ridesharing arrangement shall be required to take and successfully complete a test of driving ability while operating a commuter van.  The standards for successfully completing this driving test shall be the same as those utilized for other non-CDL Class C or Class D type driving tests.

 

b)         The driving test required in a for-profit ridesharing arrangement shall be taken and successfully completed in a commuter van; however, this commuter van need not be the same commuter van as will be used in the for-profit ridesharing arrangement.  If the vehicle meets the requirements of IVC Section 6-500, the properly classified CDL tests will be administered.

 

c)         Upon successful completion of the driving test as specified in subsections (a) and (b)  showing the individual's ability to exercise reasonable care in the safe operation of commuter vans used in for-profit ridesharing arrangements and if the other requirements for licensure stated in IVC Section 6-106.4  are met, a "J" restriction and "P" endorsement when required shall be shown on the individual's driver's license.  The individual shall be required to pay a corrected driver's license fee, as defined in IVC Section 6-118(a) if he/she applies for this restriction and/or endorsement at a time other than a regular renewal date.

 

d)         In the event a for-profit ridesharing arrangement driver is convicted of any of the offenses listed in IVC Section 6-106.4(5), that person's authority to operate a for-profit ridesharing arrangement vehicle shall be removed in the following manner:

 

1)         The Secretary of State shall notify the for-profit ridesharing arrangement driver he/she is no longer eligible to operate a for-profit ridesharing arrangement vehicle.

 

2)         The licensee shall surrender the Illinois driver's license at the Driver Services Facility within 10 days after receiving the notification in order to have the restriction to operate a for-profit ridesharing arrangement vehicle removed from the driver's license.

 

3)         A corrected driver's license shall be issued to each eligible licensee and the applicant will be charged a fee in accordance with IVC Section 6-118(a).

 

e)         Failure of a licensee to comply with subsection (d)(2) shall result in cancellation of the licensee's Illinois driver's license.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.60  Third-Party Certification Program

 

a)         For purposes of this Section, the following definitions shall apply:

 

"Cancellation of Third-Party Certifying Entity License" − the annulment or termination by formal action of the Secretary of State of a Third-Party Certifying Entity License because of some error or defect in the license or because the licensee is no longer entitled to the license.

 

"Cancellation of Third-Party Certification Safety Officer License" − the annulment or termination by formal action of the Secretary of State of a Third-Party Certification Safety Officer License because of some error or defect in the license or because the licensee is no longer entitled to the license.

 

"Certify" – transmittal to the Department by a third-party certifying entity that an employee or member of the entity has successfully passed the CDL skills tests.

 

"Denial of Third-Party Certifying Entity License" − to prohibit or disallow the privilege to obtain a Third-Party Certifying Entity License by the Secretary of State.

 

"Denial of Third-Party Certification Safety Officer License" − to prohibit or disallow the privilege to obtain a Third-Party Certification Safety Officer License by the Secretary of State.

 

"Department" − the Department of Driver Services within the Office of the Secretary of State.

 

"Federal Motor Carrier Safety Administration" or "FMCSA" − a separate administration within the U. S. Department of Transportation dedicated to improving the safety of commercial motor vehicles and saving lives.

 

"Revocation of Third-Party Certifying Entity License" − the termination by formal action of the Secretary of State of a Third-Party Certifying Entity License; the termination shall not be subject to renewal or restoration.

 

"Revocation of Third-Party Certification Safety Officer License" − the termination by formal action of the Secretary of State of a Third-Party Certification Safety Officer License; the termination shall not be subject to renewal or restoration.

 

"Safety Officer" – any individual employed by a third-party certifying entity who is licensed by the Department to administer the CDL skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2018) to the entities' employees and members.  A safety officer is equivalent to a Third Party Skills Test Examiner as defined in 49 CFR 383.5 (October 1, 2018).

 

"Skills Tests" – Those tests specified in subparts G and H of 49 CFR 383 (October 1, 2018).

 

"Suspension of Third-Party Certifying Entity License" − the temporary withdrawal by formal action of the Secretary of State of a Third-Party Certifying Entity License for a period specifically designated by the Secretary.

 

"Suspension of Third-Party Certification Safety Officer License" − the temporary withdrawal by formal action of the Secretary of State of a Third-Party Certification Safety Officer License for a period specifically designated by the Secretary.

 

"Third-Party Certification License" − a license issued by the Secretary of State to a third-party certifying entity that allows the entity to participate in the third-party certification program.

 

"Third-Party Certification Program" − a Secretary of State program that allows a third-party entity to administer the CDL skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2018) to its employees or members.

 

"Third-Party Certifying Entity" or "Entity" – an entity licensed by the Secretary of State to participate in the third-party certification program.  A third-party certifying entity is equivalent to a third party tester as defined in 49 CFR 383.5 (October 1, 2018).

 

b)         The Department shall not require an actual demonstration of the ability of the driver applicant to operate and exercise ordinary and reasonable control of a motor vehicle when the driver applicant has successfully completed the CDL skills tests administered by a safety officer of a third-party certifying entity, if the entity complies with the following requirements:

 

1)         License Required – No person, firm, association, partnership or corporation shall operate a third-party certification program unless a license has been issued by the Secretary of State. When an application is submitted for an original third-party certification license or Safety Officer License, the applicant or applicants shall not conduct any business as a third-party certifying entity or safety officer until a license is issued by the Department pursuant to the requirements of subsections (d) and (i).

 

2)         Certify Only Employees or Members – A third-party certifying entity shall certify only those driver applicants who are employed by and on the payroll of the entity at the time of certification.  Third-party entities that are unions or fire departments shall certify only those driver applicants who are members at the time of certification.

 

3)         A third-party certifying entity shall not enter into any agreement with employees/members it certifies that provides for compensation, reimbursement or any form of consideration, including but not limited to monies, credits, services or payroll withholding, payable to the third-party entity, in exchange for training and/or testing from the employee/member who is certified.

 

4)         A third-party certifying entity shall not accept compensation, reimbursement or any form of consideration, including but not limited to monies, credits, services or payroll withholding, in exchange for training and/or testing from any employee/member who is certified.

 

5)         A third-party certifying entity shall not engage in or permit any type of fraudulent activity, with reference to either any certified individual or the Secretary of State.

 

6)         A third-party certifying entity must enter into a written agreement with the Secretary of State that delineates the responsibilities and requirements the entity must meet and adhere to.

 

c)         Licenses May Not Be Assigned.  No individual, partnership, association or corporation may sell, assign, barter or trade a third-party certification license or Safety Officer License issued by the Department.

 

d)         Requirements – Third-Party Certifying Entities

 

1)         The entity shall have at least one employee who is licensed as a safety officer for the entity.  A Safety Officer License may only test and certify employees or members in the classification indicated on the Safety Officer License.

 

2)         The entity shall have a regularly established place of business in the State of Illinois, with the exception of entities having a regular place of business in a contiguous state (Indiana, Missouri, Wisconsin, Iowa and Kentucky).  Any entity having its headquarters in a contiguous state that wishes to participate in the third-party certification program shall have an appointed agent, for purposes of this program, who is licensed as a safety officer and holds a valid Illinois driver's license or a CDL issued by a contiguous state.

 

A)        The established place of business of each entity must consist of at least the following permanent facilities:

 

i)          an office facility;

 

ii)         appropriate space to conduct all basic control skills tests pursuant to Section 1030.85 as follows:

 

          For Class B and Class C vehicles, an area of at least 15 feet wide by 100 feet long;

●              For Class A vehicles, areas of 240 feet long by 12 feet wide to conduct straight-line backing, 180 feet long by 24 feet wide to conduct offset backing, and 180 feet long by 12 feet wide to conduct parallel parking. All skills tests do not need to be conducted in one space/lot.

 

B)        An entity that has an established place of business may operate a branch facility, provided the branch facility meets all requirements of the main facility pursuant to subsections (d)(2)(A) and (d)(2)(D).

 

C)        Upon receipt by the Secretary of State of a written request to open a branch facility, an authorized representative of the Secretary of State shall inspect the branch facility and, if the facility meets the provisions of this Section, shall issue the appropriate license that must be displayed in a visibly prominent place in the branch facility.

 

D)        Each location must comply with public health and safety standards contained in the Public Building Egress Act [415 ILCS 55], the Natural Gas Odor Injection Act [430 ILCS 25], and the Environmental Barriers Act [410 ILCS 25].

 

3)         The entity shall submit to the Department a copy of any subcontract of services described in this Part.

 

4)         The entity shall have a prescribed physical driving course for each location and be required to meet a driving skills test with the same minimum standards as the course used for testing by the Department pursuant to Section 1030.85.

 

5)         The entity shall have access to a properly registered motor vehicle of the representative classification that the employee/member operates or expects to operate.

 

6)         The entity shall provide the employee/member who takes and passes the skills tests with a fully completed Certification of Drive Test By Third Party Certifying Entity that certifies the individual has successfully passed the skills tests administered by the safety officer of the third-party certifying entity.

 

7)         The entity shall collectively submit completed application forms to the Department for each main office, branch office and safety officer.

 

8)         The entity shall have and use a business telephone listing for all business purposes.

 

9)         If a licensed safety officer is temporarily suspended, laid-off or discharged by a third-party certifying entity, the entity shall immediately notify the Department, on forms furnished by the Department, of the name, address and license number of the safety officer, the officer's termination date and reason for termination.  In all cases in which a safety officer has ceased working for the third-party certifying entity, the safety officer must surrender the third-party Safety Officer License to the Department.

 

10)         Records – All entities licensed by the Secretary of State must maintain the following records for a period of four years, at the licensed location where the testing took place:

 

A)        The name and address of each employee/member certified by the entity, the instruction permit or driver's license number of every employee/member, the results of the final skills test, including endorsements, given to each employee/member, the name of the safety officer who administered the skills test, and the license plate number of the vehicle used in the test.

 

B)        Proof of eligibility for certification of each employee/member certified.

 

C)        Proof of proper training for each CDL certified employee/member, who did not hold a valid CDL at the time of testing or has never held a valid CDL, including dates of training and the names of all trainers that provided training, shown on the form provided by the Department or an equivalent form approved by the Department.

 

D)        Documentation, including dates of training and the names of the trainers, of any training provided to each CDL certified employee/member who held a valid CDL at the time of testing or has ever held a CDL.

 

E)        Failure to maintain the required records, and/or the maintenance of incomplete records, shall be prima facie evidence that the required testing was not administered.

 

11)         Auditing – CDL Skills Test

 

A)        Entities shall allow the Department and FMCSA or its representatives to conduct random examinations, inspections and audits without prior notice pursuant to 49 CFR 383.75 and 384.229 (October 1, 2018), including audits of employment records of individuals certified by the third-party certification entity and any and all agreements or contracts governing the employer/employee relationship or entity/member relationship as it pertains to training or testing.

 

B)        The Department shall conduct on-site inspections at least biennially, but is authorized to conduct inspections more frequently.

 

C)        Entities shall allow Department employees to co-score, along with the safety officer, during skills tests administered to the entity's employees or members to compare pass/fail results.

 

D)        At least once every 2 years, the Department shall either:

 

i)          Have Department employees covertly take the skills test administered by the entity's safety officer as if the Department employee were a test applicant;

 

ii)         Have Department employees co-score along with each third-party examiner during CDL skills tests to compare pass/fail results; or

 

iii)        Retest a sample of drivers who were examined by the entity to compare pass/fail results. The Department may reexamine any individual who was tested and certified by a third-party entity. If the results of the random examination reflect a failure rate greater than the Department's current acceptable failure rate of 20 percent, the Department shall notify the entity in writing of the need to retrain the failed applicants. The retraining must be completed within 30 days after the random examination. The Department shall administer the skills tests for the retrained applicants. The Department's Commercial Driving Training School Section will determine the location and time of the retesting.

 

12)         Entities shall display in a prominent place at the established place of business the following:

 

A)        The license issued by the Department to the entity; and

 

B)        The Safety Officer Licenses of all safety officers employed by the entity.

 

13)         Prior to administering the skills tests, the entity must provide training on the CDL skills tests as specified in Section 1030.85 to each employee/member who does not currently hold, or has never held, a valid CDL.  The training shall be given in equally scheduled intervals over a period of at least 14 days.

 

14)         The entity must provide the Department with the names of all employees or members it tested and certified from a non-CDL classification to a CDL classification whose employment/membership terminated within six months after the date of certification.

 

A)        The Department shall cite these individuals to be retested by the Secretary of State in a properly classified vehicle.  If the individual passes the skills test, the individual may maintain the driver's license classification originally certified by the entity.  If the individual fails any part of the skills test, the individual shall be downgraded to the non-CDL classification held prior to being certified.

 

B)        The Department shall provide each entity with a Verification of Continual Employment form to assist the entity in determining the names of the employees or members who have terminated their employment/membership within six months after being certified.

 

15)         The entity may not have a current unsatisfactory safety rating from FMCSA as defined in 49 CFR 385.3 (October 1, 2018).

 

16)         The entity must submit a schedule of CDL skills tests appointments, in a manner prescribed by the Department, including but not limited to dates, times and locations of testing, to the Department, no later than two business days prior to each test.

 

17)         Unless the entity is a governmental agency, the entity must secure and maintain a continuous surety bond in the Principal sum of $10,000, underwritten by a company authorized to do business in the State of Illinois, which represents a sufficient amount to pay for re-testing drivers in the event that the entity or one or more of its safety officers is involved in fraudulent activities related to the skills testing of its employees or members.  However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the Principal sum of $10,000. The surety on any bond may cancel the bond on giving 30 days' notice in writing to the Secretary of State and shall be relieved of liability for any breach of any conditions of the bond that occurs after the effective date of cancellation. All bonds filed pursuant to this provision shall be in substantially the following form:

 

Know All Persons by These Presents, That We,

, of

,

hereinafter referred to as Principal and

, a

corporation organized and existing to do business in the State of Illinois, for the use and benefit of all persons who may be damaged by breach of this bond, as Obligees, in the penal sum of $10,000, lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents.  The condition of this obligation is such that the Principal has made application to the Illinois Secretary of State for licensure as a third-party certifying entity for the purpose of administering CDL skills tests to employees or members of the Principal.  Therefore, if the Principal faithfully complies with the Illinois Vehicle Code and all State and federal rules and regulations that have been or may hereafter be in force concerning the license, and shall save and keep harmless the Illinois Secretary of State, the Obligee, from all loss or damage that may be sustained as a result of re-testing drivers in the event that the Principal or one or more of its safety officers is involved in fraudulent activities related to conducting skills testing of applicants for a commercial driver's license this obligation shall be void; otherwise, this obligation shall remain in full force and effect.  The bond will expire but may be continued by renewal certificate signed by Principal and Surety.  Regardless of the number of years this bond is in effect, the number of third-party certifying entity license renewals, the number of premiums paid or the number of claims made, the Surety's aggregate liability shall not be more than the penal sum of this bond. The Surety may at any time terminate its liability by giving 30 days' written notice to the SOS Commercial Driver Training School Section of the Driver Services Department, 1800 W. Hawthorne Lane, West Chicago, Illinois 60185, and the Surety shall not be liable for any default after that 30-day notice period, except for defaults occurring prior thereto.

 

 

 

 

 

 

 

Signed, Sealed and Dated this

day of

, 20

 

 

 

 

 

 

 

 

Principal

 

Surety

 

By

 

Attorney-in-fact

 

18)         Within three days after an employee or member passes the CDL skills tests administered by the entity, the entity shall transmit the score sheet to the Department through secure electronic means prescribed by the Department.

 

e)         Skills Tests

 

1)         Any CDL or school bus skills tests administered by an entity must be conducted by a safety officer as specified in 49 CFR 383.75 (October 1, 2018).  A safety officer licensed to administer skills tests is prohibited from administering a skills test to an individual who received skills training from that safety officer.

 

2)         Driving Skills – The entity shall have a prescribed physical driving course for each location and is required to administer a skills test with the same minimum standards used by the Department as provided in Section 1030.85.

 

3)         Pre-Trip Inspection – When applicable, the entity shall test and the employee/member shall demonstrate skills necessary to conduct a pre-trip inspection, which include the ability to:

 

A)        locate and verbally identify air brake operating controls and monitoring devices;

 

B)        determine the motor vehicle's brake system condition for proper adjustments and that the air system connections between vehicles have been properly made and secured;

 

C)        inspect low pressure warning devices to ensure they will activate in emergency situations;

 

D)        ascertain, with the engine running, that the system contains an adequate supply of compressed air;

 

E)        determine that the required minimum air pressure build up at the time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level; and

 

F)         operationally check the brake system for proper performance.

 

4)         Restrictions and/or Endorsements − Entities – conducting skills tests for restrictions, passenger endorsements and/or school bus endorsements must administer a skills test with the same minimum standards as a test administered by the Department as provided in Section 1030.92.

 

5)         Entities conducting road tests for motorcycle and non-CDL A, B or C classifications are not bound by subsections (e)(1) through (4), but instead must administer a road test prescribed by the Department as provided in Section 1030.85.

 

A)        Motorcycle skills tests must include at least the following:

 

i)          basic vehicle control skills;

 

ii)         safe driving skills;

 

iii)        visual search;

 

iv)        speed and space management; and

 

v)         mounting and dismounting.

 

B)        Non-CDL A, B or C classification road tests must include at least the following:

 

i)          basic vehicle operation;

 

ii)         safe driving skills;

 

iii)        speed and attention;

 

iv)        lane and right of way observance;

 

v)         obeying traffic control devices; and

 

vi)        use of special equipment.

 

6)         Require Instruction Permit – Before an employee/member may be skills tested and certified by an entity, the employee/member must obtain an instruction permit from the Department for the specific vehicle classification in which the employee/member intends to be licensed.  The employee/member must hold a valid instruction permit for a period of at least two weeks prior to being skills tested and certified by an entity, if not currently licensed in the classification representative of the vehicle the employee/member intends to drive.

 

f)         Issuance of Third-Party Certifying Entity Licenses

 

1)         The Department shall issue a license to conduct business as a third-party certification program when it is satisfied the entity applying for a third-party certification license has met the requirements.

 

2)         All licenses issued to any third-party certifying entity shall remain valid unless canceled, suspended or revoked.  The Department shall send affidavits to, and conduct audits of, each licensee annually to determine that the licensee remains in compliance with the requirements.

 

g)         Denial, Cancellation, Suspension and Revocation of Third-Party Certifying Entity Licenses

 

1)         The Secretary of State shall deny an application for a third-party certifying entity license:

 

A)        to any entity that submits a fraudulent application.

 

B)        to any entity that currently employs individuals currently employed by the Secretary of State.

 

C)        to any entity that owes outstanding fees to the Secretary of State.

 

D)        to any third-party certifying entity that lacks a safety officer.

 

E)        when an entity's physical location:

 

i)          fails to comply with public health and safety standards contained in the Public Building Egress Act, the Natural Gas Odor Injection Act, and/or the Environmental Barriers Act.

 

ii)         fails to have a telephone that is registered to the entity.

 

F)         to any entity with a current unsatisfactory rating from FMCSA.

 

G)        to any commercial driver training school.

 

H)        to any entity that enters into any agreement with employees/members it certifies that provides for compensation or any form of consideration, including but not limited to monies, credits, services or payroll withholding, in exchange for training and/or testing from the certified employee/member.

 

I)         to any entity that accepts compensation or any form of consideration, including but not limited to monies, credits, services or payroll withholding, in exchange for training and/or testing from any certified employee/member who is certified.

 

J)         to any entity that fails to maintain a continuous surety bond.

 

2)         The Department may cancel a third-party certifying entity license for failing to correct, after five business days, any of the following violations:

 

A)        the entity employs individuals currently employed by the Secretary of State.

 

B)        the entity owes outstanding fees to the Secretary of State.

 

C)        the entity lacks a safety officer.

 

D)        the entity fails to meet location standards by:

 

i)          failing to comply with public health and safety standards contained in the Public Building Egress Act, the Natural Gas Odor Injection Act, and the Environmental Barriers Act.

 

ii)         failing to have a telephone that registers to the third-party certification entity.

 

E)        the entity currently has an unsatisfactory rating from FMCSA.

 

F)         the entity is a commercial driver training school.

 

G)        the entity fails to maintain a continuous surety bond.

 

3)         The Department may suspend for up to one year or revoke an entity's license for any violation of this Section, depending on the seriousness of the violation, whether the violation has been corrected, and how long the violation was unremediated.

 

h)         Issuance of Safety Officer License

 

1)         The Department shall issue a license to each safety officer when satisfied that the person has met the qualifications required under this Section.  Each Safety Officer License shall authorize the licensee to administer tests solely for the employer indicated on the license, except when the safety officer is employed by an entity providing contractual services to the third-party certification entity.

 

2)         An individual may be issued two safety officer licenses in the following combinations:

 

A)        as a safety officer for two governmental agencies; or

 

B)        as a safety officer for a private entity and a governmental agency.

 

3)         All licenses issued to any safety officer shall remain valid unless canceled, suspended or revoked.

 

i)          Safety Officer

 

1)         Requirements 

 

A)        A safety officer may only test and certify employees or members in the class that is indicated on the officer's Safety Officer License.

 

B)        A safety officer who applies to administer skills tests to individuals for CDLs must complete a CDL skills test examiner training course and examination in accordance with 49 CFR 384.228(d) and (e) (October 1, 2014) and submit to a nationwide criminal background check in accordance with 49 CFR 384.228 (October 1, 2014).  Fingerprints shall be submitted to the Illinois State Police in accordance with 20 Ill. Adm. Code 1265.30.

 

C)        A safety officer must conduct skills testing in accordance with subsection (e).

 

D)        A safety officer shall not engage in or permit any type of fraudulent activity, either with reference to any certified employee or member or the Secretary of State.

 

E)        A safety officer must maintain records in accordance with subsection (d)(10).

 

F)         If a safety officer does not administer at least 10 separate skills tests per calendar year, the entity shall allow a Department employee to accompany the safety officer to observe the safety officer successfully administer at least one skills test or the safety officer may take the refresher training specified in 49 CFR 384.228, including, but not limited to, overviews of the third-party certification process, how to submit test results electronically, testing protocols/procedures, the score sheet, scoring standards, and required recordkeeping.

 

G)        If a safety officer licensed to administer CDL skills tests to employees or members must successfully complete a refresher training course and written examination every four years to maintain the CDL Safety Officer License.

 

2)         Denial of License.  The Department shall deny a safety officer's license upon evidence the individual:

 

A)        has been convicted of driving under the influence of alcohol and/or other drugs (see IVC Section 11-501), leaving the scene of a fatal accident (see IVC Section 11-401), reckless homicide (see Section 9-3 of the Criminal Code of 2012 [720 ILCS 5/9-3]), reckless driving (see IVC Section 11-503), or similar out-of-state offenses within 10 years prior to the date of application; or has been convicted two or more times of any of these offenses or combination of these offenses within 20 years prior to the date of application.

 

B)        fails to properly make application for the license.

 

C)        is not employed by a third-party certifying entity.

 

D)        is currently a salaried employee of the Secretary of State.

 

E)        is not at least 21 years of age.

 

F)         submits a fraudulent application.

 

G)        owes outstanding fees to the Secretary of State.

 

H)        holds a driver's license that is currently canceled, suspended or revoked.

 

I)         holds a driver's license that was suspended or revoked within a period of five years prior to the date of application.  However, suspensions related to auto emissions, failure to pay child support and unpaid parking tickets will not be considered.

 

J)         has not held, for at least two years immediately preceding application, a valid Illinois driver's license or a driver's license from a contiguous state in the classification and/or endorsement in which the individual intends to administer skills tests.

 

K)        does not meet the training, testing and background check requirements of subsection (i)(1)(B).

 

L)        is an owner or instructor of a commercial driver training school.

 

M)       has been suspended pursuant to IVC Section 11-501.1, 11-501.6 or 11-501.8 within the 10 years prior to the date of application, or has had two or more suspensions pursuant to IVC Section 11-501.1, 11-501.6 or 11-501.8, or combination thereof, within the 20 years prior to the date of application.

 

N)        violated any subsection of this Section.

 

O)        has any felony conviction within the last 10 years (applies only to persons applying to administer CDL skills tests).

 

P)         has any conviction involving fraudulent activities (applies only to persons applying to administer CDL skills tests).

 

3)         The Department shall immediately cancel a safety officer's license upon evidence that the individual:

 

A)        holds a driver's license that is currently canceled, suspended or revoked.

 

B)        has not held, for at least two years immediately preceding application, a valid license in the classification and/or endorsement in which the individual intends to test.

 

C)        administers CDL skills tests to employees/members, but has not completed the training and testing specified in subsection (i)(1)(B).

 

D)        is no longer employed by the third-party certification entity or no longer has a valid license.

 

E)        is currently a salaried employee of the Secretary of State.

 

F)         owes outstanding fees to the Secretary of State.

 

G)        is an owner or instructor of a commercial driver training school.

 

H)        has a felony conviction within the last 10 years (applies only to persons administering CDL skills tests).

 

I)         has any conviction involving fraudulent activities (applies only to persons administering CDL skills tests).

 

J)         fails to successfully complete a refresher training course and examination every four years (applies only to persons administering CDL skills tests).

 

4)         The Department may suspend for up to one year or revoke a safety officer's license for any violation of this Section, depending on the seriousness of the violation, whether the violation has been corrected, and how long the violation was unremediated.

 

5)         The Department shall have the discretionary authority to issue warning letters to third-party certifying entities or safety officers for violations of this Section.

 

j)          Hearings

 

1)         Prior to the denial of a third-party certifying entity and/or safety officer's license, the Department shall send written notice to the entity and/or person. The third-party entity and/or safety officer may request a formal hearing to contest the denial.  The basis for denial of a license is stated in subsections (g)(1) through (3) and (i)(2)(A) through (O).

 

2)         Prior to the suspension or revocation of the license or accreditation of a third-party certifying entity or safety officer, the Department will conduct a hearing in accordance with 92 Ill. Adm. Code 1001, Subpart A and IVC Section 2-118, in which the Department will present competent evidence to establish violations of any regulations or laws governing third-party entities and/or safety officers and seek the appropriate sanctions.

 

k)         Review Under Administrative Law.  Judicial Review − The action of the Secretary of State in canceling, suspending, revoking or denying any license under this Act shall be subject to judicial review in accordance with IVC Section 2-118 and the provisions of the Administrative Review Law [735 ILCS 5/Art. III].

 

(Source:  Amended at 46 Ill. Reg. 7823, effective April 27, 2022)

 

Section 1030.63  Religious Exemption for Social Security Numbers (Repealed)

 

                                                                                                           

(Source:  Repealed at 36 Ill. Reg. 3924, effective February 27, 2012)

 

Section 1030.65  Instruction Permits

 

a)         A person who wishes to practice driving before obtaining a driver's license shall obtain an instruction permit from a Driver Services Facility.

 

b)         Any foreign national who wishes to practice driving before obtaining a Visa status, temporary visitor's driver's license pursuant to IVC Section 6-105.1(a) shall obtain a temporary visitor's instruction permit from one of the selected Driver Services Facilities located throughout the State.

 

c)         Any person over the age of 18 or any person under the age of 18 who is enrolled in driver education at a commercial driver training school regulated by the Secretary of State who wishes to practice driving before obtaining a non-Visa status temporary visitor's driver's license pursuant to IVC Section 6-105.1(a-5) shall make an appointment, via telephone or the Secretary of State's official website, to visit one of the designated TVDL Secretary of State Driver Services Facilities located throughout the State to obtain a temporary visitor's instruction permit. An application form, provided by the Secretary of State pursuant to IVC Section 6-106, shall be completed by the applicant. The questions contained on the application form are provided in Appendix A. An applicant for a non-Visa status temporary visitor's instruction permit shall provide acceptable forms of identification as provided in Appendix C to establish the applicant's name, date of birth, signature for comparison, current Illinois residence address and residency in Illinois for a period in excess of one year. The applicant shall also submit a completed Verification of Residency form and either a valid, unexpired passport for the applicant's country of citizenship or a valid, unexpired consular identification document, as defined by Section 5 of the Consular Identification Document Act [5 ILCS 230/5], issued by the consulate of the applicant's country of citizenship and shall be required to submit a verification of residency form.  Applicants over the age of 18 must also affirm under penalty of perjury that they are ineligible, at the time of application, for a social security number. 

 

d)         Any person under the age of 18 enrolled in an approved driver education course at a public high school who wishes to practice driving before obtaining a non-Visa status temporary visitor's driver's license shall complete an application form, provided by the Secretary of State pursuant to IVC Section 6-106. The questions contained on the application form are provided in Appendix A. The applicant will be required to submit the acceptable forms of identification, as defined in Appendix C, at the time of application for a non-Visa status TVDL for a driver's license at a Driver Services Facility. 

 

e)         Upon receipt of an instruction permit or temporary visitor's instruction permit, the holder may operate a motor vehicle upon the highways of this State when accompanied by an adult instructor of a driver education program or when practicing with a parent, legal guardian, family member or person in loco parentis who is 21 years of age or more and has a license classification to operate the vehicle and at least one year of driving experience, and is occupying a seat beside the driver.

 

f)         A temporary visitor's instruction permit shall only be issued in a Class D, L or M as established in Section 1030.30.

 

g)         The fees collected for the issuance of an original, renewal, duplicate or corrected instruction permit, temporary visitor's instruction permit or CLP shall be in accordance with IVC Section 6-118(a).

 

h)         A minor who wishes to receive an instruction permit shall be at least 15 years old and enrolled in a driver education course. Any minor who has been enrolled in an approved driver education program out-of-state shall provide proof of that enrollment before an Illinois instruction permit will be issued.  Proof shall consist of a letter from the minor's school on the school's letterhead or other proof deemed acceptable by the Secretary of State.  The minor shall complete a driver education course prior to applying for a driver's license before the minor is 18 years of age.  If the minor is 16 years of age or older and possesses a certificate of completion or the equivalent from another state's driver education program, the minor shall be eligible to receive an Illinois driver's license upon successful completion of the vision, written and/or road tests.  The equivalent of an Illinois certificate of completion from an out-of-state driver education course shall include, but is not limited to, transcripts from the out-of-state attendance center indicating successful completion of the course of instruction or a letter from the state's driver's licensing authority on agency letterhead, attesting to the minor's successful completion of a driver education course approved by the office that regulates education.

 

i)          A minor who is at least 15 years and 6 months of age may obtain an Illinois instruction permit prior to being enrolled in a driver education course, provided the minor:

 

1)         Submits written documentation, on a form prepared or approved by the Secretary of State, stating that the minor is enrolled in school; meets the educational requirements of the Driver Education Act [105 ILCS 5/27-24 through 27-24.8] and IVC Section 6-103(1) and signed by a superintendent or chief administrator that states, through no fault of the minor, the minor will be unable to be enrolled in a driver education course until after the minor's 16th birthday and the school would have no objection to the issuance of the instruction permit; and

 

2)         Successfully completes the written and vision examinations administered either by an approved driver education instructor or the Secretary of State.

 

j)          An instruction permit issued to a minor under subsection (i) may be canceled upon receipt of a report from the minor's school on the school letterhead, or other proof deemed acceptable by the Secretary of State, stating the minor has failed to enroll in a driver education course.

 

k)         The minor who is not legally emancipated by marriage or court order shall have the application signed by a parent, guardian or person in loco parentis and the driver education instructor.  The minor shall then be allowed to take the vision and written exams.

 

l)          The instruction permit shall be issued to a minor for a period of 24 months upon successful completion of the written and vision exams.  If an instruction permit has expired prior to the applicant completing the road test, a second fee established for instruction permits in IVC Section 6-118(a) must be submitted and the written and vision exams must be successfully completed.  The applicant shall present another application to the Secretary of State signed by the parent, guardian or person in loco parentis.  The driver education instructor shall also sign the application unless the applicant presents a certificate of completion.

 

m)        An Illinois instruction permit issued to a minor may be canceled if the student is certified as a chronic or habitual truant or has dropped out of school.  The report shall be received from the Illinois State Board of Education in a form acceptable to the Secretary of State.

 

n)         Applicants who are not minors shall also be issued instruction permits by the Secretary of State.  The permit shall be issued for 12 months upon successful completion of the written and vision exams.  Commercial Learner's Permits shall be issued for 180 days upon successful completion of the written and vision exams.

 

o)         Applicants whose driving privileges have been canceled based upon receipt by the Department of a medical report indicating the applicant has a medical condition that impairs the applicant's ability to safely operate a motor vehicle may apply for an instruction permit.  The Department shall receive a favorable medical report from a competent medical specialist describing the applicant's needs to undergo a driving evaluation with a driver rehabilitation specialist.  The Department shall issue to the applicant an authorization for examination to appear at a Driver Services Facility to take the written test and vision test and submit the fee required by IVC Section 6-118(a).  Upon successful completion of the written and vision tests, the applicant shall be issued, if not otherwise prohibited, an instruction permit that shall be canceled upon receipt of a written statement from a competent medical specialist that the instruction permit holder has failed to successfully complete the driving evaluation or is otherwise unable to safely operate a motor vehicle.  A medical restriction card shall be issued by the Department and must be carried with the instruction permit.  Upon successful completion of the driving evaluation, the rehabilitation institution and a competent medical specialist shall notify the Department.  The Department shall send the applicant an authorization form instructing the applicant to appear at a Driver Services Facility to take the drive portion of the test.  Upon the applicant's successful completion of the drive examination, a driver license shall be issued.

 

p)         An applicant must be at least 16 years old to obtain a Class L instruction permit and must possess a certificate of completion at the time of application.

 

q)         A Class M instruction permit may be issued by the Secretary of State to an applicant 18 or older for a period of 12 months.  A Class M instruction permit may be issued for a period of 24 months to applicants 16 or 17 years old who have obtained a certificate of completion at the time of application and have completed a motorcycle training course approved by the Illinois Department of Transportation (see 92 Ill. Adm. Code 455).  A certificate of completion card issued by the Illinois Department of Transportation must be furnished to the Secretary of State's Office before an instruction permit will be issued.

 

r)          An applicant who is 17 years and 3 months of age or older may obtain an Illinois instruction permit without being enrolled in a driver education course, provided the applicant has successfully completed the vision and written exams.

 

s)         An applicant 18, 19 or 20 years of age may obtain an Illinois instruction permit without being enrolled in an adult driver education course.

 

t)          A person who wishes to obtain a CLP must provide proof of citizenship or lawful permanent residency or must obtain a non-domiciled CLP. The holder of a CLP may apply to renew a CLP up to 30 days prior to and up to 5 days after the expiration of the original CLP without any written testing. If the initial CLP has expired more than 5 days or upon expiration of a renewed CLP, the applicant must re-take all applicable testing.  

 

u)         Prior to renewing a non-commercial instruction permit, an applicant is required to successfully complete vision screening and a written test.

 

(Source:  Amended at 39 Ill. Reg. 11531, effective July 28, 2015)

 

Section 1030.66  Adult Driver Education

 

a)         A person age 18, 19 or 20 who wishes to apply for an Illinois driver's license and who has not previously held a driver's license or who has not successfully completed an approved driver education course or the classroom portion of an approved driver education course must successfully complete an adult driver education course offered by a certified adult driver education course provider.  

 

b)         A list of certified adult driver education providers is available at the Illinois Secretary of State official website (www.cyberdriveillinois.com). 

 

c)         To receive credit for participation in an adult driver education course, the applicant must take the course only from a provider that has been certified by the Secretary.

 

d)         Applicants who take an adult driver education course from an entity that is not certified to provide adult driver education in Illinois shall not be issued an Illinois driver's license until the applicant successfully completes an adult driver education course from a certified provider, or until the applicant turns 21 years of age. 

 

e)         Upon receipt of notification from a provider that a student has successfully completed the adult driver education course, the Secretary shall send the applicant a notification, which the student shall bring to a Secretary of State facility to complete the application process for the issuance of a driver's license in accordance with this Part. 

 

(Source:  Added at 38 Ill. Reg. 12515, effective July 1, 2014)

 

Section 1030.70  Driver's License Testing/Vision Screening

 

An applicant for an initial or renewal driver's license who is required to take a vision test shall comply with the following provisions:

 

a)         The Department shall administer the vision examination to any applicant who is required to take a vision screening. However, applicants who want to use any vision aid arrangement, other than standard eye glasses, or contact lenses shall submit a vision specialist report form, or in lieu of that form, an ophthalmologist or optometrist statement may be submitted. Any applicant using a telescopic lens arrangement must meet the requirements of Section 1030.75.

 

b)         An applicant who is required to take a vision screening must obtain a binocular (both eyes) acuity reading of 20/40 or better before being issued a driver's license without vision restrictions.  If an applicant utilizes corrective eye glasses, contact lenses or a combination thereof in order to obtain an acceptable acuity reading, a driver's license issued to this applicant shall be restricted to operating a motor vehicle while using the corrective lenses.

 

c)         An applicant who obtains a binocular (both eyes) visual acuity reading of 20/41 to 20/70 inclusive may be issued a driver's license restricting the applicant to operating a motor vehicle during daylight only.

 

d)         An applicant who uses eye glasses or contact lenses in binocular (both eyes) screening and has an acuity reading of 20/41 to 20/70 inclusive shall be issued a driver's license restricting the applicant to operating a motor vehicle while wearing the eye glasses or contact lenses during daylight only.

 

e)         A screening will be administered for each individual eye to determine the need for an outside rearview mirror.

 

f)         An applicant who obtains a monocular (individual eye) acuity reading that is 20/100 with or without standard eye glasses or contact lenses shall be restricted to operating a motor vehicle equipped with both left and right rearview mirrors.

 

g)         An applicant who is required to take a vision screening must demonstrate a total peripheral field of at least 140Ί binocular or 70Ί temporal and 35Ί nasal monocular.  If, an applicant only qualifies monocularly, the individual will be restricted to operating a motor vehicle equipped with both left and right rearview mirrors.  An applicant who cannot meet the minimum peripheral field of vision requirements may submit a vision specialist report.

 

h)         If the applicant is wearing contact lenses, the individual shall not be required to remove those lenses to take the vision screening.

 

i)          If the applicant wants to remove the contact lenses in order to obtain an unrestricted license, the applicant may do so.

 

j)            If the applicant does not have his/her eye glasses or contact lenses in his/her possession, he/she may proceed with the vision screening. If the applicant does proceed, but subsequently fails without eye glasses or contact lenses, the individual may return at a later date with the eye glasses or contact lenses to retake the vision screening.

 

k)           If an applicant obtains a reading without correction that would restrict the applicant to daylight driving only and/or left outside rearview mirror, the applicant shall be issued a license or instruction permit with restrictions, if the applicant has satisfied all other requirements for the issuance of a driver's license or an instruction permit.  If the applicant wishes to have the license or instruction permit issued on the basis of a vision specialist's report rather than the Secretary of State's vision screening, the applicant may submit a completed vision specialist report form to the Department.

 

l)            If the applicant returns at a later date with corrective glasses or contact lenses and successfully meets the vision standard, the restriction will be removed.

 

m)          The appropriate fee will be required to change a restriction if the permanent driver's license has been or is in the process of being issued. If the applicant has not yet successfully completed the road test portion of the examination, no fee is required to change the restriction.

 

n)           An applicant may submit a current and favorable vision specialist report form if the individual fails the vision screening or does not wish to accept a certain driving restriction.

 

1)         If the vision specialist has indicated a different acuity reading or peripheral field reading from the reading obtained at the facility, the vision specialist report will supersede the facility readings, even if it means the addition or deletion of restrictions.

 

2)         The vision specialist may indicate the driver's eyesight condition is deteriorating or warrants monitoring by recommending periodic re-examination of the driver's eyesight on the vision specialist report form.  The Department must follow the recommendation of the vision specialist.  Routine vision examinations requested by the vision specialist will not alone be a basis for the Department to request follow-up reports from the driver.

 

3)         The Department shall notify the driver of the requirement to submit an updated vision specialist report to be completed by the vision specialist and driver.  The driver must submit the completed vision specialist report to the Department within 60 days from the date of the Department's request.

 

A)        If a current and favorable vision specialist report is not received by the Department within the specified time, the driver's license shall be canceled or the driver shall be medically denied driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).

 

B)        If a driver's license is canceled pursuant to this subsection (14)(C) and a favorable vision specialist report is subsequently received, the cancellation shall be rescinded, provided an unfavorable report is not received.

 

4)         If the Department receives an unfavorable vision specialist report, the Department shall cancel or medically deny driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).

 

A)        The cancellation order shall remain in effect until the driver submits a favorable vision specialist report to the Department.

 

B)        Upon the termination of a cancellation under this subsection (n)(4), the person may reapply for a driver's license as outlined in IVC Section 6-106.

 

5)         If the Department receives an incomplete vision specialist report, a request shall be made for the necessary information required to process the report.

 

A)        If the Department does not receive this information within 45 days after the request, the Department shall cancel or deny the issuance or renewal of the person's driving privileges pursuant to IVC Sections 6-103.8 and 6-201.  Examples of an incomplete vision specialist report include, but are not limited to, omission of  the name, address, signature or professional license number of the vision specialist or the date, or contains illegible information.

 

B)        If a driver's license is canceled pursuant to this subsection (n)(5) and information requested is received that makes the vision specialist report acceptable, the cancellation shall be rescinded, provided an unacceptable report is not received.

 

o)         Every person who has a valid driver's license may be required to be re-examined at the discretion of the Secretary of State, as provided in Section 1030.15 and IVC Section 6-109, to determine if the licensee meets minimum vision standards.

 

p)           The Department shall require a driver to appear at a Driver Services Facility to receive a corrected driver's license if the visual acuity or visual peripheral readings warrant a change, the vision specialist recommends a driver's license restriction, or the facility representative issued a driver's license based on the vision specialist report with the wrong restriction pursuant to Section 1030.92.

 

q)           The Department shall provide two written notifications to the driver at the last known address indicated on the Department's driving record file.  The final notice shall state that failure to comply will result in the driver's license/privileges being canceled in accordance with Section 1030.15 and IVC Section 6-109(a)(5), provided a subsequent vision specialist report is not received from the same vision specialist indicating the restriction is no longer necessary.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.75  Driver's License Testing/Vision Screening With Vision Aid Arrangements Other Than Standard Eye Glasses or Contact Lenses

 

a)         A vision specialist report form, when submitted by an applicant who uses a prescription spectacle mounted telescopic lens arrangement, shall contain the following statement:

 

1)         The applicant has been fitted for a prescription spectacle mounted telescopic lens arrangement that the applicant has in his possession at least 60 days prior to the current application date for a driver's license.

 

2)         The applicant has clinically demonstrated the ability to locate stationary objects within the telescopic field by aligning the object directly below the telescopic lens and simultaneously moving his or her head down and eyes up.

 

3)         The applicant has clinically demonstrated the ability to locate a moving object in a large field of vision by anticipating future movement by moving the head and eyes in a coordinated fashion and is able to locate the moving object within the telescopic field.

 

4)         The applicant has clinically demonstrated the ability to recall what was observed after a brief exposure, with the duration of the exposure progressively diminished to simulate reduced observation time while driving.

 

5)         The applicant has clinically experienced levels of illumination that may be encountered during inclement weather, or when driving from daylight into areas of shadow or artificial light, and the applicant is visually able to successfully adjust to such changes.

 

6)         The applicant has experienced both being a driver and a passenger in a motor vehicle, so that he/she has practical experience of motion while objects are changing position.

 

b)         A driver, for an initial or renewal driver's license, who uses a telescopic lens arrangement or other vision aid other than standard eye glasses or contact lenses must submit a current and favorable telescopic lens vision specialist report to the Department.

 

1)         A favorable telescopic lens vision specialist report contains a professional
opinion that the applicant is safe to operate a motor vehicle, the monocular or binocular acuity reading through the telescopic lenses is 20/40 or better in both eyes, monocular or binocular acuity readings through the carrier lenses is 20/100 or better in both eyes, the peripheral readings meet Illinois vision standards, in accordance with Section 1030.70, and with the lens arrangement in place and without the use of field enhancements, the applicant has had and been using the telescopic lenses at least 60 days prior to the date the examination is completed by the licensed vision specialist and the power of the telescopic lenses does not exceed 3.0 X wide angle or 2.2 X standard.

 

2)         If a current and favorable telescopic lens vision specialist report is submitted, and the driver has satisfactorily completed the written requirements and has at least three years of licensed driving experience prior to the date of application, with or without the use of a telescopic lens arrangement, the driver must complete a road test accompanied by a Driver Services Facility representative designated by the Department with the telescopic lens arrangement in place.  Upon successful completion of the road test, a driver's license with the proper restrictions will be issued in accordance with Section 1030.92.

 

3)         If a current and favorable telescopic lens report is submitted and the driver has satisfactorily completed the written requirements and does not have at least three years licensed driving experience prior to the date of application, with or without the use of a telescopic lens arrangement, the driver must complete a traffic environmental screening with the telescopic lens arrangement in place.  This traffic environmental screening shall consist of four parts as follows:  stationary driver identifying a stationary object; stationary driver identifying a moving object; moving driver identifying a stationary object; and moving driver identifying a moving object.  Upon successful completion of the traffic environmental screening, an instruction permit shall be issued with the proper restrictions in accordance with Section 1030.92.  At the end of the six- month period following the date the instruction permit was issued, the driver's driving record will be reviewed.  If the record is void of any suspensions, revocations or cancellations, either in effect or pending, a road test by a Drivers Services Facility representative will be administered.  Upon successful completion of the road test, a driver's license will be issued.  If the record reflects any suspensions, revocations or cancellations, either in effect or pending, the driver will not be eligible for a road test until the driving privileges have been reinstated.

 

4)         If the telescopic lens vision specialist report is incomplete or not current, a request shall be made to the driver for the necessary information required to process the report.

 

A)        If the Department requests additional information from the driver and the Department does not receive this information within 45 days after the request, the Department shall cancel or deny the issuance or renewal of the person's driver's license/privileges pursuant to IVC Sections 6-103(8) and 6-201.

 

B)        If a cancellation order is entered based upon an incomplete telescopic lens report or one that is not current and a favorable telescopic lens vision specialist report is subsequently received, a rescind order shall be entered, provided an unfavorable report is not received.

 

5)         If the Department receives an unfavorable telescopic lens report, the Department shall cancel or medically deny the driver's license/privileges pursuant to IVC Sections 6-103(3) and 6-201(a)(5).

 

A)        If the Department receives a subsequent favorable telescopic lens vision specialist report, the Department shall rescind the unfavorable telescopic lens report cancellation order and allow the driver to make application for a new driver's license pursuant to IVC Sections 1-110, 6-106 and 6-109.

 

B)        Drivers who qualify to drive with the use of a telescopic lens arrangement shall be restricted to the following:

 

i)          Driving during daylight hours only;

 

ii)         Eligible for a Class D driver's license only;

 

iii)        Periodic review of the driving record by the Department in accordance with IVC Section 6-109.

 

6)         A current telescopic lens vision specialist report shall be submitted annually.

 

A)        If a current report is not received by the last day of the month the updated report is due, the driving privileges shall be canceled or a driver's license denied.

 

B)        If driving privileges are canceled pursuant to this subsection and a current report is subsequently received, the cancellation shall be rescinded, provided an unfavorable report is not received.

 

7)         A telescopic lens driver requesting nighttime driving privileges for the first time must:

 

A)        Possess a valid Class D driver's license with the proper restrictions and have operated a motor vehicle during daylight hours for a period of 12 months or held a telescopic nighttime training permit for 6 months immediately prior to making application while using vision aid arrangements other than standard eyeglasses or contact lenses.

 

B)        Have a driving record that does not include any traffic accidents that occurred during nighttime hours for which the driver has been found to be at fault during the 12 months before applying for the special restricted license.

 

C)        Successfully complete a road test administered during nighttime hours.

 

D)        Submit a current and favorable telescopic lens specialist report to the Department that contains a statement from the licensed vision specialist that the driver is safe to operate a motor vehicle during nighttime hours while using a telescopic lens arrangement.

 

8)         A telescopic lens driver wanting to renew nighttime driving privileges must:

 

A)        Have a driving record that does not include any traffic accidents that occurred during nighttime hours for which the driver has been found to be at fault during the 12 months before applying for the special restricted license.

 

B)        Successfully complete a road test every 48 months administered during nighttime hours.  If the renewal applicant refused to submit to a nighttime drive test, the applicant's nighttime driving privileges shall be canceled.

 

9)          If a driver with nighttime telescopic driving privileges is found to be at fault in an accident that occurred between dusk and dawn, the nighttime telescopic driving privileges will be withdrawn.  The Department shall:

 

A)        Provide written notification to the driver at the last known address indicated on the Department's driving record file to appear at a Driver Services Facility to have the appropriate restriction placed on the driver's license allowing daytime privileges only.

 

B)        If the driver fails to appear, a final notice shall be sent and shall state that failure to comply will result in the driver's license/privileges being canceled in accordance with Section 1030.15 and IVC Section 6-109(a)(5).

 

C)        Allow the driver to reapply for nighttime driving privileges as outlined in subsection (b)(7).

 

10)       A telescopic lens driver may apply for a telescopic nighttime training permit allowing, for a period of 6 months, the operation of a motor vehicle between sunset and 10:00 p.m. provided the driver is accompanied by a person holding a valid driver's license without nighttime operation restrictions.  The driver must:

 

A)        Possess a valid driver's license and have operated a motor vehicle during daylight hours for a period of 6 months using vision aid arrangements other than standard eyeglasses or contact lenses immediately prior to making application for the special training permit.

 

B)        Submit to the Department a current favorable telescopic lens report including a statement from the licensed vision specialist that the

driver is safe to operate a motor vehicle during nighttime hours while using a telescopic lens arrangement.

 

C)        Have a driving record that does not include any traffic accidents that occurred during nighttime hours for which the driver has been found to be at fault during the 6 months before applying for the telescopic nighttime training permit.

 

11)       If a driver holding a telescopic nighttime training permit is found to be at fault for an accident that occurred between dusk and 10:00 p.m., the Department shall: 

 

A)        Notify the driver that the telescopic nighttime training permit will be withdrawn in 10 days.  The driver may continue to operate a motor vehicle during daytime hours only.

 

B)        Allow the driver to apply for nighttime driving privileges as outlined in subsection (b)(7).

 

12)       A telescopic nighttime training permit shall expire 6 months from the date of issue. 

 

A)        Upon the expiration of the telescopic nighttime training permit, the driver is restricted to daylight driving only.

 

B)        In order to regain nighttime driving privileges, the driver must:

 

i)          Apply for a new telescopic nighttime training permit by submitting a current and favorable telescopic lens specialist report to the Department that contains a statement from the licensed vision specialist that the driver is safe to operate a motor vehicle during nighttime hours while using a telescopic lens arrangement; or

 

ii)         Apply for full nighttime privileges as outlined in subsection (b)(8) of this Section.

 

(Source:  Amended at 39 Ill. Reg. 5083, effective March 23, 2015)

 

Section 1030.80  Driver's License Testing/Written Test

 

Any applicant for an initial or renewal driver's license who is required to take a written test pursuant to IVC Section 6-109 shall comply with the following provisions: 

 

a)         Classification of licenses is established in Sections 1030.30 through 1030.40.

 

b)         An applicant for a Class D license will be required to take a written test consisting of a minimum of 35 questions, of which 80% percent must be answered correctly in order to be eligible for a Class D license.

 

c)         Unless exempted by subsection (l), an applicant for a Class C, B, A or L-M license shall be required to take the written test as set forth in subsection (b). The applicant must also take a written test established by the Secretary of State for the classifications and endorsements applied for. The number of questions required to be answered is dependent upon the classifications and endorsements applied for. Each written classification and endorsement test must consist of a minimum of 35 questions, of which 80% percent must be answered correctly for the applicant to be eligible for the classifications and endorsements applied for.

 

d)         The written tests set forth in subsections (b) and (c) will be in the English language and may be in any other languages deemed necessary by the Secretary of State, based upon an identifiable demand.

 

e)         An applicant who is illiterate may be given the written test orally.

 

f)         An applicant who cannot read or write in the English language or another available foreign language must be eligible to take the written test. The Driver Services Facility supervisor or designee may provide or recommend use of an interpreter for the applicant's language if an interpreter is readily available. If an interpreter is not readily available, it will be the responsibility of the applicant to obtain the services of an interpreter. The CDL knowledge test will be administered only in the English language. An interpreter must not be used when the applicant is attempting to complete the CDL knowledge tests.

 

g)         An applicant will demonstrate the ability to read and understand official traffic control devices.

 

h)         Any licensee who wants to change a classification or endorsements prior to renewal of a license will be required to take the written test for the classification or classifications and endorsements the applicant wants to obtain.

 

i)          Before obtaining a Commercial Learner's Permit, an applicant must successfully complete the appropriate CDL knowledge tests specific to the learner's permit classification.

 

j)          An applicant for a permit to operate a school bus must present an Illinois School Bus Driver's Permit Letter of Intent or its superseding form.  Unless the applicant holds a valid CDL or a CDL expired for 30 days or less, issued by another state, with a S and P endorsement, the applicant will be given a special test consisting of not more than 24 questions, of which 22 or 90% must be answered correctly in order to be eligible for a permit.

 

k)         Any person found cheating on any portion of a written test will be deemed to have failed that portion of the test. In addition, that person will be prohibited from retaking the written test for a period of 30 days. For purposes of this subsection, "cheating" is defined as receiving or using unauthorized assistance in the taking of any portion of a test. This includes, but is not limited to, the use of any notes, books, or written information.

 

l)          All persons applying for an Illinois CDL who hold a valid CDL or a CDL expired for less than 12 months issued by another state in the same or higher classification and endorsements, excluding a hazardous materials endorsement, for which they are making application are exempt from the written tests set forth in subsections (b) and (c).

 

m)        Qualified and eligible military service members with certain MOS/Ratings (U.S. armed forces specialist designations) are exempt from the CDL general knowledge written exam (excluding school bus endorsement) if the applicant:

 

1)         Is a current resident of this State;

 

2)         Is a current or former member of the military services, including a member of any reserve component or National Guard unit;

 

3)         Within one year prior to the date of application, was regularly employed in a military position that requires the operation of large trucks;

 

4)         Received formal military training in the operation of a vehicle similar to the commercial motor vehicle the applicant expects to operate; and

 

5)         Provides the Secretary of State with a State of Illinois Application for Exchange of US Military Commercial Driving Experience for Commercial Driver's License (CDL) signed by the applicant and the applicant's commanding officer certifying that the applicant qualifies for the general knowledge written exam waiver.

 

(Source:  Amended at 47 Ill. Reg. 7791, effective May 17, 2023)

 

Section 1030.81  Endorsements

 

To obtain any of the following endorsements, a CDL holder must correctly answer 80% of the questions comprising a written knowledge test based on the Illinois Vehicle Code and the federal Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 31305). Persons applying for any of the following endorsements, excluding a hazardous materials, passenger (P), or school bus (S) endorsement, who hold a valid CDL or a CDL expired for less than 12 months, issued by another state with the endorsement for which they are making application are exempt from this Section.  A person applying for a passenger (P) and school bus (S) endorsement who holds a valid CDL or a CDL expired within 30 days or less issued by another state and with a (S) endorsement and a passenger (P) endorsement is exempt from the passenger (P) and school bus (S) endorsement written test.  An applicant for a CLP may obtain a Tank (N), Passenger (P) or School Bus (S) endorsement once the applicant has taken and passed the knowledge test for each endorsement.

 

a)         (T) Double or triple trailers (20 questions).

 

b)         (P) Passenger carrying vehicles (16 or more passengers, including the driver) (20 questions). A skills test in a representative vehicle is required. Successful completion of entry-level driver training with passenger endorsement curriculum is required.

 

c)         (N) Tank vehicles (20 questions).

 

d)         (H) Any vehicle carrying hazardous materials that require placarding (30 questions). Successful completion of entry-level driver training with hazardous material curriculum is required.

 

e)         (X) Combination tank vehicle and hazardous materials endorsement. A knowledge test for tank vehicles (N) and hazardous materials (H) must both be successfully completed prior to obtaining this endorsement (20 questions).

 

f)         (C) Charter bus driver endorsement. Successfully complete a knowledge test on transporting students grade 12 or below to and from school related functions (20 questions).

 

g)         (S) School bus. Successful completion of a written test (20 questions) and a skills test in a representative vehicle is required. Successful completion of entry-level driver training with school bus endorsement curriculum is required.

 

(Source:  Amended at 47 Ill. Reg. 7791, effective May 17, 2023)

 

Section 1030.82  Charter Bus Driver Endorsement Requirements

 

a)         Requirements of Driver Applicants for a Charter Bus Driver Endorsement

In order for the Department to issue a charter bus driver endorsement, all driver applicants must:

 

1)         Be 21 years of age or older;

 

2)         Possess a valid and properly classified driver's license issued by the Department;

 

3)         Submit to and successfully pass an Illinois specific criminal background check and Federal Bureau of Investigation criminal background check with current and future information through an approved vendor (A consent form must be signed by the driver applicant/CDL holder that allows the Department to release the fingerprint information to the driver applicant's employer.);

 

4)         Pass a written test on charter bus operation, charter bus safety, and special traffic laws relating to charter buses and submit to a review of the driver applicant's driving habits by the Department at the time the written test is given;

 

5)         Demonstrate the ability to exercise reasonable care in the operation of the charter bus pursuant to the requirements of IVC Section 6-508;

 

6)         A driver applicant must demonstrate physical fitness to safely operate charter buses by undergoing a medical examination in accordance with the provisions of IVC Section 6-508;

 

7)         Affirm under penalty of perjury that he/she has not made a false statement or knowingly concealed a material fact in any application for the endorsement;

 

8)         Not have been convicted of committing or attempting to commit any one or more of the offenses set forth in IVC Section 6-508(c-1)(4).

 

b)         Endorsement Application Process

 

1)         A driver applicant seeking employment as a charter bus driver must obtain from the prospective employer an Application/Certification form for Illinois charter bus driver endorsement and then complete both the form and the fingerprint process.

 

2)         The driver applicant shall then submit the completed Charter Bus Application/Certification form for the charter bus driver endorsement and the appropriate fee to the Driver Services Facility.

 

3)         The Department shall review the driver applicant's driving history to determine if it is acceptable pursuant to IVC Sections 6-104 and 6-508.  The driver applicant must:

 

A)        pass a written test administered by the Department in accordance with IVC Section 6-508(c-1)(2).

 

B)        successfully complete a road test, if applicable, administered by the Department or a third-party certifying entity in the class of vehicle to be used in accordance with IVC Section 6-508(a)(1). These tests must be successfully completed within three attempts.

 

4)         On renewal/reapplication for a charter bus driver endorsement, the driver applicant shall be required to submit an Application/Certification form for the Illinois charter bus driver endorsement verifying the completion of all requirements.  On renewal/reapplication for the charter bus driver endorsement, the driver applicant will not be subject to the fingerprint process.

 

c)         Denial, Cancellation or Suspension of a CDL with a Charter Bus Driver Endorsement

 

1)         The Department shall deny or cancel a CDL holder's charter bus driver endorsement:

 

A)        If the criminal background investigation discloses the individual is noncompliant with any of the provisions of IVC Section 6-104 or 6-508;

 

B)        Upon receiving notice that the endorsement holder failed to comply with any provision of this Part;

 

C)        Upon receiving notice that the endorsement holder's commercial driving privileges are withdrawn or otherwise invalidated.

 

2)       The Department shall deny a driver applicant for a charter bus driver endorsement upon an indication on a driving record of the failure to pay any fines, costs or fees that deny the renewal or reissuance of a driver's license or any other indication on a driving record that denies the renewal or reissuance of a driver's license.

 

3)        A cancellation of a CDL with a charter bus driver endorsement shall remain in effect pending the outcome of a hearing pursuant to IVC Section 2-118.

 

4)        An order may be rescinded provided the cause is removed and the driver applicant or CDL holder continues to meet the requirements outlined in IVC Sections 6-104 and 6-508.

 

d)         Employer Responsibility

It shall be the responsibility of a prospective or current employer of a driver applicant or CDL holder of a charter bus driver endorsement to:

 

1)         Request an employer seven digit assigned number by faxing to the Department a request on company letterhead indicating a contact person and telephone/fax number.

 

2)         Distribute charter bus driver endorsement applications.

 

3)         Ensure that driver applicants submit to a fingerprint based criminal background investigation.

 

4)         Certify to the Department in writing that a driver applicant has successfully completed all employment conditions.

 

5)         Notify the Department in writing that the employer has certified the removal from service of the CDL holder with the charter bus driver endorsement whose endorsement has been withdrawn by the Department, prior to the start of that CDL holder's next work shift.

 

6)         Notify the Department in writing that the CDL holder with the charter bus driver endorsement is no longer employed as a charter bus driver by the reporting employer.

 

7)         Notify the Department in writing that, while holding a previously issued valid charter bus driver endorsement, the CDL holder has now been accepted as a charter bus driver for the reporting employer.

 

8)         Immediately upon receipt of a positive drug test, notify the Department in writing .  This information shall be privileged and maintained for the use of the Department.

 

9)         Maintain records of certifications that must be available for inspection by the Secretary of State.

 

e)         Notice

The Department shall notify the driver applicant or the CDL holder and his/her current employer in writing that he/she:

 

1)         is ineligible based on information provided by an ISP or FBI criminal background investigation; or

 

2)         is no longer eligible for a charter bus driver endorsement; or

 

3)         has related cancellations, suspensions or denials of the applicant's charter bus driver endorsement.

 

f)         Hearings

 

1)         Upon the request of a driver applicant or CDL holder whose charter bus driver endorsement has been denied, canceled or suspended, the Secretary of State shall conduct a hearing pursuant to IVC Section 2-118.

 

2)         The petition requesting a hearing shall be in writing and contain the reason the driver applicant or CDL holder believes he/she is entitled to a charter bus driver endorsement.

 

3)         The scope of the hearing shall be limited to the issuance criteria contained in IVC Sections 6-104 and 6-508.

 

(Source:  Amended at 39 Ill. Reg. 11531, effective July 28, 2015)

 

Section 1030.83  Hazardous Material Endorsement

 

a)         For the Department to issue an HME, all applicants must successfully comply with the following:

 

1)         Hold a valid and properly classified driver's license with a CDL issued by the Department;

 

2)         Pass a TSA security threat assessment or hold a valid Transportation Worker Identification Credential (TWIC; i.e., an identification card issued by TSA to maritime workers with access to maritime facilities and vessels);

 

3)         Pass a written test administered by the Department on the transporting of hazardous materials; and

 

4)         Affirm under penalty of perjury that the applicant has not made a false statement or knowingly concealed a material fact in any application for the HME.

 

5)         Successfully complete entry-level driver training with hazardous materials endorsement curriculum.

 

b)            TSA Security Threat Procedures

 

1)         The applicant shall pay all related application and fingerprinting fees established by 49 CFR 1572 (October 1, 2019) and submit the fingerprints to the authorized TSA vendor who will transmit fingerprint data to the Federal Bureau of Investigation for a fingerprint-based criminal history background record check.

 

2)         Upon receipt of an Initial or Final Determination of Threat Assessment from TSA on an applicant that does not currently hold an HME on the applicant's CDL, the Department shall place an indication on the driving record of the applicant indicating the applicant is not eligible for an HME. Correspondence notifying the applicant of the failed threat assessment shall be sent by TSA directly to the applicant, along with information regarding the applicant's right to due process.

 

3)         Upon receipt of Determination of No Security Threat from TSA on an applicant that currently holds a CDL with an HME, the Department shall place an indication on the driving record and notify the applicant in writing of the Determination of No Security Threat from TSA and direct the applicant to return to a driver services facility to complete the requirements to renew or transfer from another state the CDL with an HME.

 

4)         Upon receipt of an Initial or Final Determination of Threat Assessment from TSA on an applicant that currently holds a CDL with an HME, the Department shall place a tag on the driving record and send written notice to the applicant explaining that the applicant has failed the Threat Assessment and, therefore, must appear at a driver services facility to have the HME removed from the CDL. The applicant will be given at least five days, but no more than 15 days, from the date of the notice to appear at a driver services facility and have the HME removed from the CDL. A corrected CDL will then be issued without the HME at no charge to the driver.

 

c)             TWIC Procedures

 

1)         The applicant shall email the applicant's TWIC card to the Department’s CDL/PDPS Help Desk at CDLPDPSHelpDesk@ilsos.gov.

 

2)         The Department shall validate the TWIC against the TWIC Cancelled Card List.

 

3)         If the TWIC does not appear on the TWIC Cancellation Card List, the Department shall load a notation to the driving record that indicates the applicant may be issued an HME.  The applicant must appear at a Driver Services facility to have the HME added to their CDL or to renew their HME.

 

4)         The Department shall submit a spreadsheet to TSA containing the names of all persons issued an HME indicating the applicant presented a TWIC.

 

5)         Upon notification from TSA that a TWIC was invalid, the Department shall place a tag on the driving record and send written notification to the applicant explaining that the TWIC was invalid and, therefore, the applicant must appear at a driver services facility to have the HME removed from the applicant's CDL.  The applicant will be given at least five days, but no more than 15 days, from the date of the notice to appear at a driver services facility and have the HME removed from the CDL.  A corrected CDL will then be issued with no charge to the driver.

 

d)        Refusal or neglect of an applicant to have the HME removed and obtain a corrected CDL, pursuant to subsection (b) or (c), shall result in the cancellation of the driver's CDL privileges pursuant to IVC Sections 6-201(a)(11) and 6-207.  An applicant whose CDL privileges were canceled may request an administrative hearing to contest the cancellation.  The scope of the hearing shall be limited to the reason for the cancellation and shall not address the Threat Assessment conducted by TSA or the determination by TSA that the TWIC was invalid.

 

e)         If, after a driver's CDL privileges have been canceled pursuant to subsection (d) for failing to have the HME removed from the license, the Department receives a Determination of No Security Threat from TSA on the driver, or notification that the TWIC was valid, an order rescinding the cancellation shall be entered and the driver's CDL privileges and the HME will be valid.

 

f)         An applicant who obtains a corrected CDL shall be deemed to be in compliance with the Department's request and shall be allowed to retain CDL driving privileges.

 

g)         If the Department receives a Determination of No Security Threat after a driver has previously been deemed a security threat by TSA and has had the HME removed from the CDL in compliance with subsection (b) or (c), the Department shall send written notice to the driver that the driver is now eligible to have the HME added back to the CDL.  The written notice shall advise the driver to visit a driver services facility to have a corrected CDL issued reflecting the HME at no cost.

 

h)         Security Check at Expiration of HME

 

1)         The Department shall notify a holder of an HME, at least 90 days before the expiration date of the HME:

 

A)        that:

 

i)          the applicant must initiate a security threat assessment from TSA as soon as possible, but no later than 60 days before the expiration of the applicant's HME; and

 

ii)         the applicant's HME cannot be renewed if TSA has not issued to the Department a Determination of No Security Threat; or

 

B)        that the Applicant must submit a renewed TWIC. 

 

2)         The Department must require that an HME be renewed no more than five years after issuance.

 

(Source:  Amended at 46 Ill. Reg. 7823, effective April 27, 2022)

 

Section 1030.84  Vehicle Inspection

 

a)         An applicant, who is required to take the road test, as defined in Section 1030.85, must provide a representative vehicle for the test.  The vehicle will be safety inspected by an examiner prior to the road test.  A vehicle that is not properly equipped or that does not have equipment in safe operating order will be rejected for use in the road test.  The following equipment shall be safety inspected as required for the type of representative vehicles being used to administer the road test:

 

1)         Registration plates shall be attached or affixed to the motor vehicle pursuant to IVC Section 3-413.  The owner of a vehicle who does not have registration plates and/or a registration sticker shall present proper documentation, pursuant to IVC Section 3-407, showing that proper registration has been applied for, prior to use of the vehicle for road test.

 

2)         When lighted lamps are required pursuant to IVC Section 12-201(b) for the road test, motor vehicles shall have mounted, exhibit and operate such lamps pursuant to IVC Sections 12-201, 12-202, 12-204, 12-205, 12-207, 12-208, 12-209, 12-210 and/or 12-215.  A motorized pedalcycle must have mounted and display a lamp and reflector as required in IVC Section 11-1507.1.

 

3)         When windshield wipers are required pursuant to IVC Section 12-503(d), they must be in proper operating condition.

 

4)         The horn must be in proper working order pursuant to IVC Section 12-601.  Horns do not include a siren, whistle or bell.

 

5)         No person shall drive a motor vehicle with any sign, poster, window application, reflective material or nonreflective material upon the front windshield, sidewings or side windows immediately adjacent to each side of the driver that materially obstructs, obscures or impairs the view from within or without the vehicle.  No person shall drive a motor vehicle with any objects placed or suspended between the driver and the front windshield or rear window that materially obstruct the driver's view.  No person shall drive a motor vehicle when the windshield or side or rear windows are in such defective condition or repair as to materially impair the driver's view to the front, side or rear.  A vehicle equipped with an unobstructed rearview mirror will be deemed to be in compliance in the event the rear window of the vehicle is materially obscured (see IVC Section 12-503).

 

6)         No vehicle may be used for the road test if one or more tires are unsafe as defined in IVC Section 12-405.  A vehicle equipped with metal studded tires may not be used for the road test.

 

7)         The service brakes, foot or hand operated, must be in a condition that allows activation with one movement of the activating device.  All First and Second Division vehicles must be equipped with an operable emergency brake.  A Class M motorcycle shall have two methods of braking.  A Class L motor-driven cycle or pedalcycle shall have at least one method of braking.

 

8)         Each driver and front seat passenger of a 1965 or later model motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt pursuant to IVC Section 12-603.1.  Such requirements shall not apply to a driver possessing a written statement from a physician that the person is unable, for medical or physical reasons, to wear a seat safety belt, or to certain motor vehicles that are not required to be equipped with seat safety belts under 49 CFR 393.93.  A retractable lap seat belt shall be provided for the driver of a school bus and must be used by the driver at all times while the bus is being operated, as required by IVC Section 12-807.

 

9)         Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the motor vehicle.  A rectangular rearview mirror shall be located on the right and left sides of each Second Division school bus forward of the driver's seat.  The mirrors shall have a minimum horizontal dimension of five  inches and a minimum vertical dimension of 10 inches.

 

10)        The seat for the person giving the test must be securely affixed in a location that assures the examiner's safety and allows the examiner to perform proper scoring of the road test pursuant to Section 1030.85.  The seat must be free from excessive soil or grease and should have no protruding springs.  Vehicles must not have loose objects on the seats or floors that could pose a danger to the driver or examiner.

 

11)        The steering wheel must not be broken or have any part missing.  The steering wheel when worked back and forth shall not have more than 5-10 degrees of free play (approximately 2" at the rim of a 20" steering wheel).  Vehicles that have excessive free play (more than 10 degrees) in the steering mechanism shall be rejected as unsafe.  Free play is the degree of movement the steering wheel must have before the front wheels move.

 

12)        Both front vehicle doors must be operable from the inside and outside of the vehicle with the standard latching mechanism.  Doors may not be wired or strapped shut.

 

13)        Every motor vehicle of a width or design that would not allow hand signals to be adequately visible from the front and rear shall be equipped with an electric turn signal device that indicates the intention of the driver to turn to the right or to the left.  The signaling device shall be in the form of flashing red or amber lights located at the rear of the vehicle on the side toward which the turn is to be made, mounted on the same level and as widely spaced laterally as practicable.  Turn signal lamps must be visible from a distance of not less than 300 feet in normal sunlight.

 

14)        Any motor vehicle or combination vehicle that operates with air brakes must have air brake hoses that are free from breaks, leaks or bulges that may prevent or hinder the safe operation of the vehicle braking system. Any motor vehicle or combination vehicle that operates with air brakes will not be permitted to be used for the road test if the air pressure gauge reading fails to maintain 95 pounds per square inch pressure during normal pressure buildup.

 

15)        Three safety flags, flares, fuses or reflectors shall be provided in all Second Division vehicles as described in IVC Section 12-702.

 

16)        An operating speedometer shall be mounted in all vehicles designated as a school bus in a manner that it is readable to the seated driver.

 

17)        The emergency doors at the front and the rear of a designated school bus should open from the inside.  The latch must be in operable condition.  An alarm system that is visible and audible to the driver must be activated when the engine is running and the emergency door is unlatched.

 

18)        One fire extinguisher shall be located in a position readily accessible to the driver of a school bus pursuant to IVC Section 12-808.

 

19)        A school bus shall carry a removable and readily identifiable first aid and bodily fluid kit, mounted in full view of and readily accessible to the driver as required by IVC Section 12-809.

 

20)        All school buses shall be equipped with an 8-lamp flashing signal system consisting of two alternately flashing red signal lights and two flashing yellow signal lights mounted at the front and rear of the bus as required by IVC Section 12-805.  Each signal lamp shall be a sealed beam at least 5½ inches in diameter and shall have sufficient intensity to be visible at 500 feet in normal sunlight.  The system shall be actuated only by means of a manual switch.  There shall be a device for indicating to the driver that the system is operating properly or is inoperative.

 

21)        All Second Division vehicles, as required by IVC Section 12-202, shall have mounted and properly display clearance, identification and side marker lamps.  The lamps shall be illuminated for the road test, during periods when headlamps are required by IVC Section 12-201.

 

22)        A stop arm shall be placed on the driver's side of each Second Division school bus and may be operated either manually or mechanically.  The design of this stop arm shall comply with IVC Section 12-803.

 

23)        The tailpipes of each Second Division school bus should extend beyond the rear end of the chassis frame at least one inch, but not beyond the rear of the bumper.

 

24)        A religious organization bus or senior citizen transportation vehicle may be of any color and have any markings designating its purpose other than those required for school buses pursuant to IVC Sections 12-801, 12-802, 12-804 and 12-806.  A road test, for a religious organization bus or senior citizen transportation vehicle restriction, may be administered in any vehicle of the proper representative type for the license restriction (see Section 1030.92).

 

25)        No person shall operate any motorcycle, motor-driven cycle or pedalcycle for the road test with handlebars higher than the height of the shoulders of the operator when seated in the upright driving position.

 

26)        The operator of a motorcycle, motor-driven cycle or pedalcycle used for the road test shall be protected by glasses, goggles or a transparent shield pursuant to IVC Section 11-1404.

 

27)        Second Division vehicles or medical transport vehicles shall display a certificate of safety then in effect pursuant to IVC Sections 13-111 and 13-114, except that those vehicles displaying a Department of Transportation federal census number on the side of the vehicle shall not require the certificate.

 

28)       No vehicle may be used for a road test that has any lighting or combination of lighting with a smoked or tinted lens or cover per IVC Section 12-212.

 

b)         Prior to taking a road test, as defined in Section 1030.85, each applicant shall provide proof of insurance for the vehicle to be used for the road test or demonstrate that the vehicle falls within an exception to mandatory insurance requirements set forth in IVC Section 7-601.

 

c)         If the applicant refuses to execute or fails to comply with this Section, then no road test shall be given to the applicant in that vehicle until such time as the applicant complies.

 

(Source:  Amended at 45 Ill. Reg. 9472, effective July 7, 2021)

 

Section 1030.85  Driver's License Testing/Road Test

 

a)         Classification of licenses is established in Section 1030.30.

 

b)         Persons applying for a Class C or Class D (CDL or Non-CDL) driver's license, a religious organization restriction, for-profit ridesharing arrangement restriction, or senior citizen transportation restriction in a First Division vehicle who are required by IVC Section 6-109 to complete a road test shall be evaluated on the following driving skills:  start, posture, use of mirrors, steering, lane observance, right-of-way, left and right turns (signal, speed, lane, turn), attention (distraction level), following (too closely), speed (too fast/too slow), parking (up and/or down hill), starting (up and/or down hill), final park, signal (pulling into and away from curb, changing lanes), stop signs, other signs (yield, school, railroad, regulatory, warning, special), traffic lights, backing, turn about, and use of clutch or automatic transmission.

 

c)         In addition to those maneuvers listed in subsection (b), persons applying for a Class A or B driver's license (CDL) shall also be evaluated on the following: 

 

1)         Pre-Trip Inspection − the applicant shall demonstrate skills necessary to conduct a pre-trip inspection, which include the ability to: 

 

A)        locate and verbally identify air brake operating controls and monitoring devices;

 

B)        determine the motor vehicle's brake system condition for proper adjustments and that the air system connections between vehicles have been properly made and secured;

 

C)        inspect low pressure warning devices to ensure they will activate in emergency situations;

 

D)        ascertain, with the engine running, that the system contains an adequate supply of compressed air;

 

E)        determine that the required minimum air pressure build up at the time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level; and

 

F)         operationally check the brake system for proper performance.

 

2)         Vehicle skills test that shall include dock parking, straight line backing, stopping at a marked line, and predetermined right turn.

 

3)         Additional road test driving skills of use of gears, railroad crossing, expressway, bridge, and underpass.

 

d)         In addition to those maneuvers listed in subsection (b), persons applying for a Class A or B driver's license (non-CDL) shall also be evaluated on straight line backing.

 

e)         In addition to those maneuvers listed in subsection (c), persons applying for a school bus driver permit must complete a road test in a representative vehicle, which shall consist of the following:  use of gears, railroad crossing (stop and observation), curb bus (simulate loading/unloading passengers), use of stop arm, and use of flasher lights.  This paragraph does not apply to a person applying for a school bus driver permit who holds a valid CDL or CDL expired 30 days or less issued by another state with a passenger (P) and school bus (S) endorsement.

 

f)         Applicants for a Class L or Class M driver's license who are required to complete a road test shall be evaluated by using of the following drive tests:  ALMOST – Alternate Motorcycle Operator Skill Test; 5-dot test; and Offstreet Illinois Department of Transportation Motorcycle Operator Skill Test.

 

1)         Test exercises for the ALMOST and Offstreet Illinois Department of Transportation Motorcycle Operation Skill Test, for both Class L and Class M, shall consist of the following:  stalling (improper shift, failure to shift), sharp turn (path, foot down), normal stop (skid, position), cone weave (skips, hits, foot down), U-Turn (path, foot down), quick stop (distance), obstacle turn (path), slow drive (time, path, foot down).

 

2)         Test exercises for the 5-dot test, for both Class L and Class M, shall consist of the following:  knowledge of controls, figure U Walk (walk vehicle without engine running), start from rest, slow drive, gear shifting skill, figure 8 ride, serpentine ride (balanced cone weave), posture, mounting/dismounting.

 

g)         Test exercises and skills are evaluated on a point system. When the applicant commits an error, a point or points are assessed based upon the severity of the error. Applicants for a CDL or Non-CDL Class A, B, C, or D license or a religious organization vehicle restriction, for-profit ridesharing arrangement restriction or senior citizen transportation restriction are allowed 36 points. Applicants for a Second Division school bus permit are allowed 40 points. Applicants for a First Division school bus permit are allowed 36 points. Applicants for a Class L or M license taking the ALMOST or Offstreet Illinois Department of Transportation Motorcycle Operation Skill Test evaluation shall be allowed 11 points. Applicants for an L or M license taking the 5-dot test shall be allowed seven points.

 

h)         The following acts will result in immediate disqualification:  a violation in which an applicant receives a ticket; a dangerous action; lack of cooperation or refusal to perform; or letting the cycle fall or falling off a cycle.

 

i)          A road test will be considered incomplete for the following reasons:  the applicant becomes ill or disabled and is unable to continue the road test; the vehicle develops mechanical problems after the road test has begun; weather conditions make the continuation of the road test hazardous; or an accident occurs for which the applicant does not receive a ticket.

 

j)          No persons are allowed to accompany the applicant and examiner on the road test. When necessary, exceptions may be made for any applicants who may require a translator and for the training and evaluation of facility personnel.

 

k)         Any applicant who is suspected by a Driver Services Facility employee of having consumed alcohol or drugs must seek the approval of a Driver Services Facility manager prior to being administered the road test. If a Driver Services Facility manager has reasonable cause to believe that an applicant has consumed alcohol or drugs, the applicant shall not be administered the road test. Evidence of alcohol or drug consumption shall include, but not be limited to, one or more of the following conditions: 

 

1)         the applicant admits to having consumed alcohol or drugs;

 

2)         there is a strong odor of alcohol on the applicant's breath;

 

3)         the applicant's eyes are red and the pupils are dilated;

 

4)         the applicant's speech is slurred; or

 

5)         the applicant is unsteady when walking.

 

l)          All persons applying for a CDL shall be required to successfully complete the examinations set forth in subsections (c) and (d) pursuant to IVC Section 6-508(a)(1).  The requirement of this subsection (l) shall not apply to persons renewing their Illinois CDL, persons who hold a valid CDL issued by another state in the same or higher classification for which they are making application, or persons holding an Illinois CLP who successfully completed federally approved CDL training and testing in another CDL certified state.

 

m)        Military personnel are exempt from the CDL administered pre-trip, skills, and road test (excluding school bus and passenger endorsements) if:

 

1)         In the two-year period immediately prior to application for a CDL the applicant has not:

 

A)        had more than one license, except for a military-issued driver's license;

 

B)        had any driver's license suspended, revoked, or cancelled;

 

C)        had any convictions in any type of motor vehicle for the disqualifying offenses contained in 49 CFR 383.51(b) (October 1, 2012);

 

D)        had more than one conviction in any type of motor vehicle for a serious traffic violation contained in 49 CFR 383.51(c) (October 1, 2012); and

 

E)        had any conviction for a violation of military, State, or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident and has no record of an accident in which the applicant was at fault.

 

2)         The applicant certifies that:

 

A)        the applicant is regularly employed or was regularly employed within the last 12 months in a military position requiring operation of a commercial motor vehicle;

 

B)        the applicant was exempted from the CDL requirements of 49 CFR 383.3(c) (October 1, 2012); and

 

C)        the applicant was operating a vehicle representative of the commercial motor vehicle the applicant operates or expects to operate for at least the two years immediately preceding discharge from the military.

 

3)         The applicant submits a completed Secretary of State CDL-ST WVR form, including signature of the applicant's commanding officer.

 

n)         The use of any recording device, including but not limited to cell phones, cameras, tape recorders, or video recorders, is prohibited during the administration of a road test. If an examiner discovers a recording device is in use during the road test, the examiner shall ask the applicant to stop the recording device and delete any recordings of the road test. If the applicant refuses to do so, the examiner shall immediately terminate the road test and the applicant will be deemed to have failed the road test.

 

o)         Except as provided otherwise in this subsection (o), every applicant age 79 or older applying to renew a driver's license must prove, by actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle.  Every applicant for a renewal of a CDL who is 75 years of age or older must prove, by actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a commercial motor vehicle. (See Section 37 of the Secretary of State Act [15 ILCS 305] and Section 6-109 of the Illinois Vehicle Code.)

 

(Source:  Amended at 48 Ill. Reg. 2268, effective January 25, 2024)

 

Section 1030.86  Multiple Attempts – Written and/or Road Tests

 

a)         The fee to obtain a driver's license required by IVC Section 6-118 shall entitle a person to a total of three attempts to pass the written and/or road tests within a one year period starting from the date of the first attempt.  The first attempt is counted as one of the three attempts as provided for in IVC Section 6-106.

 

b)         An applicant for an Illinois CLP or CDL who fails the written and/or road tests after a third attempt shall be prohibited from re-testing for a period of 30 days.

 

c)         An applicant for a CLP or CDL who submits a new application after the 30-day waiting period specified in subsection (b) shall be allowed three attempts to successfully complete the written and/or road tests.  Failure to successfully pass the written and/or road tests shall result in a waiting period of 90 days.

 

d)         An applicant for a CLP or CDL who submits a new application after the 90-day waiting period specified in subsection (c) shall be allowed three attempts to successfully complete the written and/or road tests.  Failure to successfully pass the written and/or road tests shall result in a waiting period of one year from the date of the first fail.

 

e)         An applicant for an Illinois driver's license may be allowed to attempt the written and/or road tests a second time after a failure in the same day during normal business hours of the Driver Services Facility after failing the first attempt to pass the written and/or road tests. An applicant for a non-Visa status TVDL may be allowed to attempt the written or road test a second time after a failure in the same day, during normal business hours of the Driver Services Facility, if the Facility manager determines that sufficient personnel and time are available. However, if the applicant demonstrates a danger to public safety during the first attempt to pass a written and/or road tests, a second attempt during the same day will not be allowed.  An applicant will not be allowed to make a third attempt to pass a road test on the same day in which the previous attempt was failed.  If an applicant fails the road test six times, the individual will not be permitted to attempt the road test a seventh time until a current favorable completed medical report form is submitted to the Department pursuant to IVC Sections 6-103(8) and 6-109(b).  An applicant shall be exempt from the requirement of filing a medical report if, within the previous 90 days, a favorable medical report has been filed with the Department.

 

f)         The provisions of this Section do apply to applicants who are upgrading their driver's license classification.

 

(Source:  Amended at 39 Ill. Reg. 11531, effective July 28, 2015)

 

Section 1030.88  Exemption of Facility Administered Road Test

 

a)         Approved High School Driver Education Course

 

1)         The Department shall exempt a high school student from a facility-administered road test if the student has earned a grade of A or B for an approved high school driver education course, passed a road test administered by a Department-certified high school driver education instructor, and presents an authorization form signed by the driver education instructor exempting the student from the facility-administered road test.

 

2)         Each local board of education that wants to participate in the cooperative driver testing program must submit an application to the Field Services Bureau, Department of Driver Services of the Secretary of State's Office, 2701 S. Dirksen Parkway, Springfield, Illinois  62723.  The application shall consist of the Cooperative Driver Testing Program Intent to Participate form and also a Compliance Affidavit for each participating driver education instructor.  The application shall include the name and address of the high school and the names of the driver education instructors who will participate in the program.  The application shall also include a statement that the schools and instructors listed for participation in the program shall administer a road test.  The application shall be submitted once per calendar year.  The Department shall accept all Intent to Participate forms that are accurate and complete and signed by the district superintendent.  The Department shall accept all Compliance Affidavits that are accurate and complete and that show compliance with subsection (a)(3).

 

3)         Each high school instructor shall submit a compliance affidavit that shows the instructor is an accredited driver education teacher with the Illinois State Board of Education pursuant to 23 Ill. Adm. Code 1.737(b)(3), possesses either a valid Illinois driver's license or a valid and properly classified out-of-state driver's license with submission annually of an acceptable, certified out-of-state driving abstract, and shall have attended an initial certification clinic offered by the Department.

 

4)         Each high school instructor shall notify the Department if a student fails a road test administered by the instructor. The notification shall be made within two business days after the failure and shall include the student’s name, instruction permit number, road test score sheet, and the date on which the road test was administered.

 

5)         A high school instructor may not conduct a road test for a student who has previously failed a Cooperative Testing road exam.

 

6)         The high school instructor shall submit a schedule of road tests in a manner prescribed by the Department, including but not limited to dates, times, and locations of testing, to the Department, no later than two business days prior to each test.

 

b)         Approved Commercial Drivers Training School Driver Education Course

 

1)         The Department shall exempt a high school student or a student who is no longer attending high school, has not yet reached the age of 18, and who meets the qualifications set forth in IVC Section 6-408.5(b) from a facility-administered road test if the student has:

 

A)        earned a grade of A or B in the classroom portion of an approved high school driver education course and has completed the behind-the-wheel portion at a high school or a commercial driver training school; or

 

B)        obtained an overall score of 80% in an approved driver education course at commercial driver training school licensed pursuant to IVC Section 6-401 and passed a road test administered by a commercial driver training school instructor certified by the Department to administer road tests.

 

2)         Each commercial driver training school that wants to administer a road test must submit an application to the Commercial Driver Training School Section, Department of Driver Services, 1800 W. Hawthorne Lane, West Chicago, IL  60185.  The application shall consist of the Secretary of State Intent to Participate form and a Compliance Affidavit for each participating commercial driver training instructor.  The application shall include the name and address of the commercial driver training school (and branch if applicable) and the names of the commercial driver training instructors who will participate in administering road exams.  The application shall be submitted once per calendar year and updated as needed during the year.  The Department shall approve only those applications and instructors who meet the criteria set forth in Section 1060.270 and who have completed an initial certification clinic offered by the Department.

 

c)         The exemption from the facility testing will expire on the same day as the student's current instruction permit.  The student shall be required to obtain a valid driver's license prior to the expiration date of the permit in accordance with the program.  After the expiration date, the student shall complete a facility-administered road test.  No extension of the exemption from facility testing beyond the expiration date of the instruction permit shall be allowed.

 

d)         The Department may spot-check a sample of the exempted driver population.  The Field Services Bureau of the Department shall choose the sample to be tested based on the applicant's birthday.  Three calendar days per month shall be designated for the testing, and an applicant whose birthday is on one of the selected days shall be required to successfully complete a facility-administered drive test.  The selected dates shall be altered every three months.

 

e)         The exemption authorization form shall be designated in a manner prescribed by the Department.  The student shall submit the authorization form to a Driver Services Facility employee of the Department when applying for a driver's license.

 

f)         Motorcycle Road Test. The Department shall exempt an applicant for a Class M or Class L driver's license (see Section 1030.30), which allows operation of a motorcycle or motor-driven cycle, from a facility-administered road test if the applicant possesses a valid Illinois driver's license to operate any other classification of motor vehicles and:

 

1)         shows acceptable proof of completion of a motorcycle rider safety training course approved by the Illinois Department of Transportation stating the individual is qualified to operate a motorcycle and/or motor-driven cycle with the cubic centimeter piston displacement that correlates to the classification of driver's license applied for.  Successful completion of the motorcycle rider safety training course shall be evidenced by a Student Completion Card issued by the Illinois Department of Transportation not more than one year prior to the date of application; or

 

2)         is an active-duty member of the United States Armed Forces and presents a motorcycle rider training/testing course completion card issued by the Motorcycle Safety Foundation, dated not more than one year prior to the date of application, that indicates the applicant is qualified to operate a motorcycle or motor-driven cycle with cubic centimeter piston displacement that correlates to the classification of driver's license for which the applicant is applying. The completion card must be accompanied by an Illinois Secretary of State approved verification form completed by the applicant and examiner certified by the Motorcycle Safety Foundation.

 

(Source:  Amended at 47 Ill. Reg. 17529, effective November 7, 2023)

 

Section 1030.89  Temporary Driver's Licenses and Temporary Instruction Permits

 

a)         The Department shall issue a temporary driver's license or instruction permit to an applicant who is not otherwise ineligible for a driver's license or instruction permit if the Driver Services Facility representative is unable to produce a driver's license or instruction permit due to an equipment failure or the facility lacks the equipment needed to produce a driver's license or instruction permit, or if a required drive test at the time of renewal cannot be completed due to adverse road conditions that would make administration of the examination more difficult or unsafe, as determined by the facility manager.  A temporary driver's license is also issued by a Driver Services Facility representative if the applicant does not wish a photo to be taken at the time the license is obtained or renewed due to facial disfigurement, or if the applicant is waiting for a non-photo driver's license application to be processed.

 

b)         Temporary License or Permit upon Application by Driver

 

1)         Persons who submit an application as required by IVC Section 6-106 and a fee as required by IVC Section 6-118(a) to the Driver Services Department of the Office of Secretary of State, 2701 South Dirksen Parkway, Springfield, Illinois 62723, and are not otherwise ineligible for a driver's license or instruction permit under the provisions of IVC Section 6-103, shall be issued a temporary driver's license or instruction permit if the applicant:

 

A)        loses a valid Illinois driver's license while out-of-state;

 

B)        is temporarily out-of-state and unable to return to Illinois to renew the driver's license;

 

C)        surrendered a valid Illinois driver's license in compliance with a terminated suspension notice and has a revocation or second or subsequent suspension pending; or

 

D)        has a pending suspension or revocation of driving privileges that will be effective in 60 days or less and wishes to renew driving privileges prior to the effective date of the suspension or revocation.

 

2)         The applicant shall be issued a temporary driver's license or instruction permit that is valid for up to 90 days.  No extension past the expiration date shall be allowed.  If the applicant has not returned to Illinois by the date of expiration of the temporary driver's license, arrangements must be made for the applicant to take the necessary test or tests at an out-of-state facility.

 

3)         A temporary driver's license or temporary instruction permit shall not be issued pursuant to this Section to a TVDL or temporary visitor instruction permit holder or applicant.

 

c)         All applicants who receive a temporary driver's license or instruction permit in lieu of a driver's license or instruction permit must show proof of legal name, a valid social security number, zip code, date of birth, gender and residence address as described in IVC Section 6-106.  The applicant shall affirm that all information set forth on the application is true and correct and bears the applicant's signature.

 

d)         Temporary driver's licenses or instruction permits shall be issued for a period of time not to exceed 90 days and shall be valid only when in the possession of the driver.

 

e)         A temporary driver's license or instruction permit shall be invalid after the person receives his/her driver's license, has been refused a driver's license or has had driving privileges suspended, revoked or canceled.

 

f)         A temporary driver's license or instruction permit, issued pursuant to this Section, shall not be valid for identification purposes and shall so state on the license or permit itself.

 

g)         The temporary driver's license or instruction permit, issued pursuant to this Section, shall be issued only for the time period that the temporary license or instruction permit is actually needed, but shall not be issued for more than 90 days.

 

(Source:  Amended at 40 Ill. Reg. 13637, effective September 19, 2016)

 

Section 1030.90  Requirement for Photograph and Signature of Licensee on Driver's License

 

a)         Application

Every driver's license issued pursuant to IVC Section 6-110 shall include, as an integral part of the license, a head and shoulder, full-faced color photograph of the driver to whom the driver's license is being issued.  A full-faced photograph must be taken without any obstruction of the applicant's facial features or any items covering any portion of the face.  Prescription glasses may be allowed.  The driver's license shall be a photographically generated document that also includes the required information pertaining to the driver, the driver's signature, and other special security features to reduce the possibility of alteration and/or illegal reproduction.  The driver's license must utilize a photograph taken of the driver at a Driver Services Facility that is produced by equipment specifically designed for this purpose. The driver's license must utilize a photograph and signature updated at least every 8 years, unless the driver holds a military deferral certificate or civilian employee deferral card issued by the Department.

 

b)         Exceptions

Exceptions may be made in the best interest of individual Illinois drivers as follows:

 

1)         Established Religious Convictions

 

A)        A driver will not be required to submit to a photograph if sufficient justification is provided by the driver to establish that a photograph would be in violation of or contradictory to the driver's religious convictions. If a driver declares that the use of a photograph is against his/her religious convictions, the driver will be given an Affidavit to be completed. This Affidavit contains designated areas for a detailed written explanation of the reasons why a photograph is against the driver's religious convictions, a place for the driver's signature and date, the designation of the religious sect or denomination involved, space for a minister or other religious leader to apply his/her signature attesting to the explanation the driver has offered, along with the date and official title of the minister or religious leader.

 

B)        The Affidavit shall be forwarded by the driver to the Driver Services Department Central Office in Springfield where a review and a decision will be made by the Director of the Driver Services Department relative to the issuance or non-issuance of a valid driver's license without photograph.  To assist the Director in this decision, a committee of three administrative personnel will be appointed by the Director.  Each Affidavit will be reviewed by each member of the committee, and each individual recommendation will be made to the Director for his final decision.

 

C)        A non-photo temporary driver's license, not to exceed 90 days in duration, shall be issued to allow for driving privileges during the interim period while the Affidavit will be reviewed and a decision will be made by the Director.

 

D)        Upon approval by the Director, a valid driver's license without a photograph will be issued from the Central Office utilizing an application signed by the driver.  The driver's license will be mailed to the driver's home address.

 

2)         Facial Disfigurements

 

A)        When a driver requests a driver's license without a photograph because the driver states that it is embarrassing or distasteful to submit to a photograph because of a facial disfigurement caused by disease, trauma or congenital condition, the requirement of a photograph may be waived.  The Supervisor of the Driver Services Facility in which the driver appears shall make a decision, based upon the extent of the facial disfigurement, regarding the issuance of a driver's license without a photograph.  Should the Supervisor approve the issuance of a driver's license without a photograph, the driver's license will be issued from the Central Office utilizing an application signed by the driver.  The driver's license will be mailed to the driver's home address.

 

B)        Should the Supervisor not approve the issuance of a driver's license without a photograph, the Supervisor will forward a written statement from the driver, along with a statement from the Supervisor providing detailed information to the Director of the Driver Services Department regarding the extent of the disfigurement and the Supervisor's justification for disapproval. The Director of the Driver Services Department may obtain further information and/or professional opinions to support an objective decision regarding whether a valid driver's license without the photograph may be issued.

 

C)        A non-photo temporary driver's license, not to exceed 90 days in duration, shall be issued to allow driving privileges during the interim period while the driver's license is being issued, or the statements relating to disapproval are being reviewed and a decision is being made.

 

D)        Upon approval by the Director, a valid driver's license without a photograph will be issued from the Central Office utilizing an application signed by the driver.  The driver's license will be mailed to the driver's home address.

 

3)         Out-of-State

 

A)        Drivers who are temporarily residing outside the State of Illinois and/or who are temporarily absent from the State at the expiration date of the driver's license may apply for a valid driver's license without photograph and signature because of their inability to appear at an Illinois Driver Services Facility.  If an Illinois driver declares, in writing, that he/she is out-of-state at the time the driver's license must be renewed, and submits this information with the properly completed application and renewal fee, a driver's license may be issued without the driver's photograph and signature.

 

B)        However, the driver will be informed that he/she must appear at a Driver Services Facility within 45 days upon returning to Illinois and exchange this valid driver's license without photograph and signature for a driver's license containing the driver's photograph and signature.  This replacement driver's license is issued without additional charge to the driver.  If the driver does not return to Illinois and obtain a replacement driver's license with the photograph and signature, the driver's license without the photograph and signature may not be renewed upon expiration unless the driver submits an affidavit attesting to the fact that he/she has not returned to the State of Illinois during the term of the driver's license without the photograph and signature.

 

C)        A non-photo temporary driver's license may be issued to those drivers who plan to return to Illinois within a 90-day period.  If a driver's license renewal examination is required, this examination must be taken and will not be waived.  In those cases in which reciprocal agreements exist with driver's licensing entities in other jurisdictions, the Illinois examination shall be administered by a qualified representative of the jurisdiction, and the results reported to and accepted by the Illinois Department.

 

4)         Religious Head Coverings

 

A)        The wearing of religious head coverings for the photograph shall be allowed if the head covering does not cover any area of the open face and if the driver signs a declaration stating that his/her sincerely held religious belief requires the person to wear an unconcealed religious head covering when in public, that in observation and exercise of the applicant's religious beliefs, the applicant does not normally remove the religious head covering in public unless removal is necessary, at the applicant's discretion, and that the applicant does not remove the head covering in public as a matter of courtesy or protocol, such as when in court.

 

B)        A driver who meets the requirements of subsection (b)(4)(A) will be given a declaration to be signed.  In addition to the statements in subsection (b)(4)(A), the declaration shall include the following:

 

i)          The applicant's name, address, and driver's license or identification card number;

 

ii)         The language "Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this declaration are true and correct."; and

 

iii)        A place for the driver's signature and date.

 

c)         TVDL applicants or holders are not eligible for an exception under subsection (b)(3).

 

d)         Hearings

Should the Director deny the issuance of a driver's license without photograph and/or signature, the individual may appeal that decision by requesting in writing a hearing pursuant to IVC Section 2-118.

 

(Source:  Amended at 44 Ill. Reg. 12607, effective July 7, 2020)

 

Section 1030.91  Person with a Disability Identification Card and Wallet Card

 

a)         If a person wishes to obtain an Illinois Person with a Disability Identification Card pursuant to Section 4(b) of the Illinois Identification Card Act [15 ILCS 335], the individual must complete an application form provided by the Department.

 

b)         The Person with a Disability Identification Card application must include the person's legal name, address, social security number, sex, height, weight, hair color, eye color and date of birth. The applicant's medical professional must certify in priority order the type of disability that the person has as physical, developmental, visual, hearing or mental and the classification of the disability to be Class 1, Class 1a, Class 2, or Class 2a as defined in Section 4A(b) of the Illinois Identification Card Act. The medical professional must sign the application and print or type the medical professional's name, business address and business phone number. For purposes of this Section only, a medical professional includes a licensed physical therapist.

 

c)         The application forms will not be accepted by the Department unless all portions of the form are completely filled out. Failure to complete the application properly will result in the applicant's request being denied. The application is valid for a period of three months from the date of signature of the medical professional.

 

d)         If an applicant for a Person with a Disability Identification Card indicates on the application that the individual has a disability so severe that it precludes the applicant from obtaining an Illinois driver's license, and it is determined that the applicant has a valid Illinois driver's license, a Person with a Disability Identification Card will be issued. The case will be forwarded by the facility to the Driver Analysis Division of the Department for review and possible cancellation of the driver's license pursuant to 92 Ill. Adm. Code 1040.80.

 

e)         Upon issuance of an Illinois Person with a Disability Identification Card to a person with a Type Two (Developmental) or Type Five (Mental) disability, as defined in Section 4A of the Illinois Identification Card Act [15 ILCS 335], the Secretary will inform the applicant of the availability of a Person with a Disability Wallet Card that specifies the cardholder has been medically diagnosed with a disability. Upon request, SOS will provide a Wallet Card to the applicant.

 

(Source:  Amended at 47 Ill. Reg. 189, effective December 21, 2022)

 

Section 1030.92  Restrictions

 

a)         A driver services facility representative has the authority to determine license restrictions.  No restriction will be added to a driver's license until the driving test, if required, is given unless the restriction is due to a vision or hearing defect.

 

b)         If a change in a person's physical or visual condition is discovered by a facility representative, the representative has the authority to add, delete, or change the restrictions.

 

c)         A Type B restriction requires corrective eye lenses.  This restriction is added when a person needs corrective eye lenses to meet visual acuity standards as provided in Section 1030.70.  This restriction includes eyeglasses and contact lenses in one or both eyes, pursuant to Section 1030.75.

 

d)         A Type C restriction requires the driver to use one or more mechanical aids (e.g., hand-operated brake, gearshift extension, shoulder harness, or foot-operated steering wheel) to assist with the proper and safe operation of the vehicle.

 

e)         A Type D restriction requires the driver to use one or more prosthetic aids (e.g., artificial legs, artificial hands, hook on right or left arm, or brace on each leg) while operating a motor vehicle.

 

f)         A Type E restriction requires automatic transmission.  An automatic transmission restriction is added when a driver of a commercial motor vehicle uses an automatic transmission during the pre-trip, skills, and road portions of a commercial driver's license test as provided in the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 383.95(c); October 1, 2014).

 

g)         A Type F restriction requires left and right outside rearview mirrors when a driver is hearing impaired, has a monocular visual acuity reading of 20/100 or worse in either eye, requires a right outside rearview mirror because of problems turning the head while backing, cannot meet the peripheral vision requirements of Section 1030.70(g), or takes the road test in a right hand-driven vehicle with the steering wheel on the right side.  A driver may be restricted to both left and right rearview mirrors if minimum peripheral standards are met using only one eye in accordance with Sections 1030.70 and 1030.75.

 

h)         A Type G restriction requires the driver to drive only in the daylight.  This restriction is added when a driver has binocular visual acuity that does not meet the 20/40 minimum in accordance with Section 1030.70(b) but is not worse than 20/70.  People who want to drive utilizing a non-standard lens arrangement pursuant to Section 1030.75 are restricted to daylight driving only.

 

i)          A Type J restriction with appropriate numerical indicators includes other restrictions not otherwise listed in this Section.  These Type J restrictions and numerical indicators are as follows:

 

1)         J01       Driver has been issued an Illinois Medical Restriction Card that must be carried in addition to a valid Illinois driver's license/permit.

 

2)         J02       Driver authorized to operate a religious organization bus within the same classification, as provided in IVC Section 6-106.2.

 

3)         J03       Driver authorized to operate a religious organization bus or van within Class D only.  The driver took the religious organization bus test in a Class D vehicle but may hold a Class A, B, or C license.

 

4)         J04       Driver authorized to operate a religious organization bus or van within Class C or a lesser classification vehicle only.  The driver took the religious organization bus test in a Class C vehicle but may hold a Class A or B license.

 

5)         J05       Driver authorized to operate a senior citizen transportation vehicle within the same classification.  The driver operates a vehicle that is utilized solely for the purpose of providing transportation for senior citizens, as provided in IVC Section 6-106.3.

 

6)         J06       Driver authorized to operate a senior citizen transportation vehicle within Class D only.  The driver took the senior citizen transportation vehicle test in a Class D vehicle but may hold a Class A, B, or C license.

 

7)         J07       Driver authorized to operate a senior citizen transportation vehicle within written Class C vehicle or a lesser classification vehicle only.  The driver took the senior citizen transportation vehicle test in a Class C vehicle but may hold a Class A or B license.

 

8)         J08     Driver authorized to operate a commuter van in a for-profit ridesharing arrangement within the same classification, as provided in IVC Section 6-106.4.

 

9)         J09       Driver who is 16 or 17 years of age authorized to operate either Class L motor-driven cycles or Class M motorcycles, as provided in IVC Section 6-103(2).

 

10)        J10       Driver restricted to the operation of a vehicle with a GVWR of 16,000 pounds or less.

 

11)        J11       Indicates the driver took the road test on a three-wheel motorcycle (Class M) or three-wheel motor-driven cycle (Class L) and is restricted to a three-wheel cycle of the proper class.

 

12)        J14       Authorizes the driver to operate a motor vehicle with outside mirrors using a non-standard lens arrangement during daytime hours only.

 

13)        J15       Special Restrictions − An applicant may have special restrictions applied specifically to the vehicle the applicant is operating at the time a road test is being administered by a facility examiner.  These special restrictions may apply only when the applicant is operating that particular motor vehicle.  This J15 restriction only applies to variations of C, D, or J60 restrictions.  To remove a special restriction or to operate another motor vehicle would require the applicant to be administered another road test in the new vehicle.

 

14)        J16       Moped Only – Authorizes an applicant holding a Class L license to operate a moped only.

 

15)        J17       Authorizes a person holding a Class L or M license to operate a motorcycle or motor-driven cycle with rear wheel extensions while maintaining a single front wheel.

 

16)        J33       Authorizes driver to operate a Class D vehicle with outside mirrors using a non-standard lens arrangement during all hours.

 

17)        J50       Farm Waived Non-CDL Farm Vehicle Driver – FVD (Class A truck/tractor, semi-trailer combination vehicles only) – Allows farmers or a member of the farmer's family who is 21 years of age or older and has completed all of the applicable exams (core, combination, air brake, and all three parts of the skills test) to drive a farm waived non-CDL (Class A truck/tractor, semi-trailer combination vehicles only) vehicle.  Those eligible may operate the truck/tractor semi-trailer to transport farm products, equipment or supplies to or from a farm, if used within 150 air miles of the farm, and not used in the operations of a common or contract carrier.

 

18)        J51       Farm Waived Non-CDL Covered Farm Vehicle Driver – CFV (Class A truck/tractor and semi-trailer combination vehicles only) – Allows farmers, members of the farmer's family, or employees of the farmer who are 18 years of age or older driving intrastate or 21 years of age or older driving interstate and has completed all of the applicable exams (core, combination, air brake, and all three parts of the skills test) to drive a farm waived non-CDL (Class A truck/tractor and semi-trailer combination vehicles only) covered farm vehicle. Those eligible may operate the truck/tractor, semi-trailer to transport farm products, equipment, or supplies to or from a farm, if used within this State or interstate within 150 air miles of the farm, and not used in the operations of a common or contract carrier. The vehicle must be a covered farm vehicle with Illinois Farm plates, as defined in Section 18b-101 of the IVC.

 

19)        J60       Automatic Transmission − An automatic transmission restriction is added when a driver is unable to operate a standard shift non‑commercial vehicle due to the minimal use of one or both arms or legs.

 

20)        J71       Out of state at the time of issuance – license issued to a driver who is temporarily absent from the State of Illinois on the expiration date of the driver's license.

 

21)        J72       Out of country at the time of issuance – license issued to a driver who is temporarily residing outside the United States of America on the expiration date of the driver's license.

 

22)        J73       Military or military dependent – license issued to the licensee, spouse, and dependent children who are living with the licensee while on active duty serving in the Armed Forces of the United States outside the State of Illinois.

 

23)        J74       Military deferral card issued at the expiration of the driver's license to extend the expiration while in the military of the licensee, spouse and dependent children who are living with the licensee while on active duty serving in the Armed Forces of the United States outside the State of Illinois.

 

24)        J75       No Photo or Signature – administrative approval license issued to a driver with facial disfigurements or established religious convictions against being photographed.

 

25)        J88       Deaf/Hard of Hearing − license issued to drivers that require alternative forms of communication.

 

26)        J89       Aphasia – license issued to drivers with a speech and language impairment.

 

27)        J90       BAIID Only – license issued to a driver that requires the driver to operate only motor vehicles equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

 

28)        J91       Mental Health Disorder – license is made available upon:

 

A)        the request of the applicant; and

 

B)        the submission of an SOS medical report form (https://www.ilsos.gov/publications/pdf_publications/dsd_dc163.pdf) completed by an applicant's treating provider (Doctor licensed to practice medicine in all its branches (MD)/Doctor of Osteopathic Medicine (DO) or Nurse Practitioner (NP)/Physician Assistant (PA)), indicating that the applicant has a mental health disorder and is mentally fit to operate a vehicle.

 

29)        J99       Indicates more than two J restrictions have been placed on the license.

 

j)          A Type K restriction indicates the driver is authorized to operate a commercial motor vehicle intrastate only.

 

k)         A Type L restriction indicates that the person is not authorized to operate vehicles equipped with air brakes.

 

l)          A Type M restriction indicates a P endorsement is only valid in a Class B or lesser classification vehicle.

 

m)        A Type N restriction indicates a P endorsement is only valid in a Class C or lesser classification vehicle.

 

n)         A Type O restriction prohibits a commercial motor vehicle driver from operating a combination vehicle with a fifth wheel assembly as provided by 49 CFR 383.153(a)(10) (October 1, 2014).

 

o)         A Type P restriction allows a commercial learner's permit holder to operate a vehicle designed to carry passengers, without passengers aboard, exempting a company trainer or State or federal examiner as provided by 49 CFR 383.153(b)(9) (October 1, 2014).

 

p)         A Type V restriction indicates FMCSA has granted a medical variance to operate a CMV within the boundaries of the United States as provided by 49 CFR 391.41 (October 1, 2014).

 

q)         A Type X restriction allows a commercial learner's permit holder to operate a tank truck or tank truck tractor/trailer combination void of any type of liquid or gaseous materials in the tank as provided by 49 CFR 383.153(b)(9) (October 1, 2014).

 

r)          A Type Z restriction limits a commercial motor vehicle driver to operating a commercial motor vehicle with an air-over-hydraulicbraking system as provided by 49 CFR 383.153(b)(10) (October 1, 2014).

 

s)         An applicant who wants to appeal a type of restriction that has been added to a driver's license, depending on the type of restriction, shall:

 

1)         For Type B, C, D, F, G, J01, J60 or any other medical restriction that has been added to the driver's license pursuant to the restrictions contained in subsection (i), provide a written request that the Department forward the driver's case to the Board.  Should the Board uphold the restriction, the driver may request a 3-doctor Panel review.  If the Panel upholds the restriction, appeal to the Department of Administrative Hearings pursuant to Section 2-118 of the IVC.  If the Department of Administrative Hearings upholds the restriction, further review shall be conducted by the courts pursuant to the Administrative Review Law [735 ILCS 5/Art. III].

 

2)         For any other types of restrictions that have been added to the driver's license pursuant to this Section, appeal to the Department of Administrative Hearings pursuant to IVC Section 2-118.

 

3)         Further review of all restrictions shall be conducted by the courts pursuant to the Administrative Review Law [735 ILCS 5/Art. III].

 

(Source:  Amended at 48 Ill. Reg. 5751, effective April 1, 2024)

 

Section 1030.93  Restricted Local Licenses

           

a)         An applicant for a restricted local license shall reside in a locality with a population of 3500 or less.  The initial application for a restricted local license must be accompanied by a special restricted license request form.  The request form shall include the applicant's full name and address, including the county.  It shall also include the applicant's gender, height, weight, hair color, eye color, birth date and driver's license number.  The applicant shall supply the reason why a restricted local license is necessary.

 

b)         At a facility, the applicant must pass the vision test found in Section 1030.70 and the written test if it is required by IVC Section 6-109(c).  The applicant shall pay the statutory fee required in IVC Section 6-118 for an original driver's license, renewals, duplicates or corrections.

 

c)         A person who has failed a road test for a driver's license, but has passed the other tests referred to in subsection (b), is eligible to apply for a restricted local license.

 

d)         Applications for restricted local licenses that comply with Section 1030.93(a) and (b) shall be approved by the Driver Analysis Division of the Department.  An authorization will be provided to the Regional Manager or designee in the area in which the applicant resides. The Regional Manager or designee will assign the road test to the facility closest to the applicant's home or the facility that made the initial request.  The applicant will be contacted by the Regional Manager or designee to set up a convenient date and time to administer the restricted local license road test.

 

e)         The Regional Manager or designee will go to the applicant's home to map out locations the applicant wishes to drive.  The road test will be administered utilizing the locations mapped out and will test the basic driving skills provided in Section 1030.85.

 

f)         If the applicant passes the test, the Driver Analysis Division shall mail the applicant the restricted local license.  The restricted local license shall restrict the driver to the locations driven during the road test given.

 

g)         Approximately three  weeks before the driver is due to renew the restricted local license, the Driver Analysis Division shall send a letter to the driver stating the expiration date of the license and renewal requirements.  The applicant shall present the letter to a facility employee and take the required tests, pursuant to IVC Section 6-109(c).  Upon successful completion of the test or tests, the facility employee shall submit a request for the road test portion of the testing.

 

(Source:  Amended at 42 Ill. Reg. 4969, effective March 5, 2018)

 

Section 1030.94  Duplicate or Corrected Driver's License or Instruction Permit

 

a)         A duplicate driver's license or instruction permit shall be issued by the Department when a driver's license or instruction permit has been lost, stolen, or mutilated.

 

b)         Upon an applicant's request or the Department's determination that an error was made or the license or permit was mutilated, a corrected driver's license or instruction permit shall be issued by the Department if a change of information is necessary on a driver's license or instruction permit that is being surrendered.  The license or permit shall indicate that it has been corrected by displaying "COR" as the type of license.

 

c)         When there is no driver's license or instruction permit to be surrendered to the Department, the license or permit issued shall be a duplicate.  This shall be indicated on the license or permit by displaying "DUP" as the type of license.

 

d)         The applicant shall pay a fee in accordance with IVC Section 6-118 for a duplicate driver's license, corrected driver's license or instruction permit.  For a six month period after the issuance of a driver's license or permit, there shall be no fee charged to correct an error made by personnel at the Driver Services Facility.  There shall be no fee charged for a duplicate if the license or permit was lost by the Department.  If a license or permit is lost by a state, local or federal law enforcement agency or state or federal court, there shall be no fee charged for a duplicate upon written notification from that agency or court. 

 

e)         The fee for a duplicate driver's license or identification card shall be waived if the applicant resides in a declared disaster area, as proclaimed by the Governor of Illinois, if the applicant submits the Secretary of State's Waiver of Fees for Disaster Victims form. This waiver shall only apply for a period of 30 days after the Governor files the disaster proclamation.

 

f)         In order to obtain a duplicate or corrected license or permit, an application form provided by the Department as described in IVC Section 6-106(b) shall be completed by a Driver Services Facility employee. The Non-CDL applicant shall answer the first 3 questions on the application and the CLP or CDL applicant shall answer the first 3 questions, in addition to questions 9, 10 and 11 on the application (see Appendix A).  After the form has been completed and the fee paid, the applicant, if necessary, shall have a photograph taken as provided in Section 1030.90.

 

(Source:  Amended at 39 Ill. Reg. 11531, effective July 28, 2015)

 

Section 1030.95  Consular Licenses (Repealed)

 

                                                                       

(Source:  Repealed at 29 Ill. Reg. 920, effective January 1, 2005)

 

Section 1030.96  Seasonal Restricted Commercial Driver's License

 

a)         In order to be eligible for a seasonal restricted CDL, the driver applicant must meet the following standards:

 

1)         The driver applicant must be employed by one or more of the following farm-related services:

 

A)        Farm retail outlet and/or supplier;

 

B)        Agri-chemical business;

 

C)        Custom harvester;

 

D)        Livestock feeder;

 

2)         The driver applicant must have held a valid driver's license for at least a period of a one year prior to the date of application for a seasonal restricted CDL;

 

3)         The driver applicant must have a valid Illinois non-CDL Class B driver's license;

 

4)         The driver applicant shall not have more than one driver's license;

 

5)         The driver applicant's driving privileges must not have been suspended, revoked, canceled or disqualified in this State or any other state within two years prior to application for a restricted CDL;

 

6)         The driver applicant must not have been convicted of a "serious traffic violation" in any class of motor vehicle within two years prior to application for a restricted CDL;

 

7)         The driver applicant's driving record shall not contain any convictions for accident-related violations or at-fault accidents in any class of motor vehicle within two years prior to the application for a restricted CDL;

 

8)         The driver applicant must submit with the initial application for a restricted CDL a letter from the initial employer verifying that the driver applicant is employed in one of the required farm-related services. The driver applicant must also complete the safety checklist on the application regarding the safe operation of the vehicle.

 

A)        The safety checklist shall include a demonstration and discussion, by the employer with the employee/driver applicant, of the following features for the safe operation of a commercial motor vehicle:

 

i)          parking (hand) brake;

 

ii)         headlights;

 

iii)        parking lights;

 

iv)        emergency (hazard) lights;

 

v)         brake lights;

 

vi)        tires;

 

vii)       horn;

 

viii)      turn signals;

 

ix)        windshield wipers;

 

x)         rear/side vision mirrors;

 

xi)        gear shift;

 

xii)       safety belts.

 

B)        The employee/driver applicant must be informed by the employer:

 

i)          that trucks require more turning area than cars;

 

ii)         that trucks require greater stopping distance (at least one vehicle length for every 10 MPH between you and the vehicle ahead of you);

 

iii)        to allow more time for acceleration when pulling out into traffic;

 

iv)        to obey weigh station scale signs;

 

v)         to obey the posted speed limits;

 

vi)        to cautiously approach low overheads such as gas station and motel canopies, bridges, toll booths and drive-throughs;

 

vii)       to avoid backing up the truck, but, if necessary, have someone guide you;

 

viii)      to drive and park cautiously on hills.

 

b)         Prior to the issuance of a restricted CDL, the Department shall perform a records check through the Commercial Driver's License Information System (CDLIS).

 

c)         All driver applicants issued a restricted CDL shall be allowed to operate the kind and type of vehicles as follows:

 

1)         Class B: Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.  Holders of a Class B license may operate all vehicles of Classes B, C and D, but are not authorized to operate motorcycles or motor-driven cycles.

 

2)         In order to transport hazardous materials intrastate, a restricted CDL holder must be at least 18 years of age.

 

3)         In order to transport hazardous materials interstate, a restricted CDL holder must be at least 21 years of age.

 

4)         A restricted CDL holder may transport only the following hazardous materials:

 

A)        1,000 gallons or less of diesel fuel;

 

B)        3,000 gallons or less of liquid fertilizer; or

 

C)        Solid fertilizers that are not mixed with any organic substance.

 

d)         A restricted CDL shall be issued for either a 180-day period or two 90-day periods in any 12-month period.  In no event shall the second 90-day period exceed the expiration of the 12-month period.  If the driver applicant elects the two 90-day periods, the applicant will receive a restricted CDL prior to each period.  Prior to the issuance of the second restricted CDL, the Department shall review the driver applicant's driving record for any violation as outlined in subsections (a)(5) through (a)(7). The driver applicant shall be issued the second restricted CDL if the driver applicant is not otherwise ineligible.

 

e)         A restricted CDL shall be valid only within 150 air miles from the farm or farm-related business being served.  The holder of a restricted CDL shall, at all times while employed by a farm-related service and operating a commercial motor vehicle, have in possession verification of employment that includes the location of the employer's farm or farm-related business.

 

f)         All fees shall be as required by IVC Section 6-118.  A restricted CDL may be revalidated without fee for up to four years from the date of issuance of the first restricted CDL.

 

g)         A restricted CDL shall be invalidated and/or further action shall be taken against the individual's driving privileges if any of the following is received by the Department:

 

1)         Reliable written evidence that the individual is no longer employed by one of the required farm-related services;

 

2)         Reliable written evidence that the individual has not held a motor vehicle driver's license for at least one year prior to the date of application for a restricted CDL;

 

3)         Reliable written evidence that the individual no longer has a valid non-CDL Class B Illinois driver's license;

 

4)         Reliable written evidence that the individual's driving privileges have been suspended, revoked, canceled or disqualified in this State or any other state;

 

5)         Reliable written report of a conviction of a "serious traffic violation" in any class of motor vehicle;

 

6)         Reliable written report for a conviction of an accident-related traffic law violation and/or at-fault accident;

 

7)         Reliable written evidence of any violation of this Part.

 

h)         An individual whose restricted CDL has been invalidated shall not be eligible to apply for another restricted CDL until the expiration of two years from the effective date of the invalidation.

 

i)          An individual who possesses a restricted CDL shall be subject to the disqualification provisions of IVC Section 6-514.

 

j)          An individual who possesses a restricted CDL shall be subject to the prohibitions against driving a commercial motor vehicle while having any alcohol, other drug, or both in the person's system as outlined in IVC Section 6-515.

 

k)         An individual who possesses a restricted CDL shall be subject to the implied consent requirements for commercial motor vehicle drivers outlined in IVC Section 6-516.

 

l)          An individual who possesses a restricted CDL shall be subject to the implied consent warning as outlined in IVC Section 6-517.

 

m)        An individual whose restricted CDL has been disqualified and/or invalidated who wishes to have a hearing shall follow the procedures outlined in IVC Section 6-520.

 

n)         A driver applicant for a seasonal restriction CDL is not required to complete entry-level driver training. 

 

(Source:  Amended at 46 Ill. Reg. 7823, effective April 27, 2022)

 

Section 1030.97  Invalidation of a Driver's License, Permit and/or Driving Privilege

             

a)         The Department shall invalidate a driver's license, permit and/or driving privileges:

 

1)         When the holder voluntarily surrenders the license or permit and declares the intention to do so in writing to the Department;

 

2)         When the Department receives a certified court order indicating the holder is to refrain from driving;

 

3)         Upon the death of the holder; or

 

4)         Upon the entry of a suspension of a driver under the age of 21 pursuant to IVC Section 6-206(a)(4), (11), (16), (21), (31), (33), (34, prior to 7/30/98), (36), (43, prior to 1/1/09) or (44) and/or IVC Section 11-501.8.

 

b)         A driver's license or permit invalidated based upon a voluntary surrender under this Section may be reinstated in the same manner as prescribed by IVC Sections 6-114 and 6-115.

 

c)         A driver's license or permit invalidated under this Section shall nullify the holder's driving privileges.

 

d)         A license or permit invalidated upon the death of the holder may be released to a relative of the decedent, provided the actual license or permit bears a readily identifiable designation evidencing invalidation.  To invalidate a license or permit, a hole shall be punched through the issuance date and the expiration date of the license or permit by an employee of the Secretary of State or a law enforcement official.

 

e)         The Secretary of State employee or a law enforcement official who invalidates a license or permit upon the death of the holder shall make a report of the matter to the Secretary of State on a form provided or approved by the Secretary of State.

 

f)         Driving privileges invalidated based upon a court order may be reinstated upon receipt of a court order granting reinstatement or an order from the court terminating probation, conditional discharge or court supervision.

 

g)         A driver whose driving privileges are invalidated pursuant to subsection (a)(4), and whose driving privileges are suspended for six months or longer, may be reinstated upon successful completion of a driver remedial education course, the payment of all reinstatement fees and re-testing under IVC Section 6-109.

 

h)         A driver whose driving privileges are invalidated pursuant to subsection (a)(4), and whose driving privileges are suspended for less than six months, may be reinstated upon successful completion of a driver remedial education course and the payment of all reinstatement fees.

 

(Source:  Amended at 34 Ill. Reg. 563, effective December 22, 2009)

 

Section 1030.98  School Bus Endorsement or Learner's Permit

 

a)         In order to obtain a CDL with an "S" endorsement, the driver applicant must:

 

1)         be eligible and have applied for an Illinois school bus permit pursuant to IVC Section 6-106.1 and 92 Ill. Adm. Code 1035;

 

2)         pass the required written school bus core knowledge, passenger and "S" endorsement written tests;

 

3)         pass the skills test in a representative vehicle.

 

4)         Successfully complete entry-level driver training with school bus endorsement curriculum.

 

b)         In order to obtain a school bus commercial learner's permit, the driver applicant must pass the written school bus core knowledge test.

 

c)         The Secretary of State shall issue a school bus CLP in accordance with Section 1030.65 and IVC Section 6-105.

 

d)         The Department shall deny issuance of a CDL with an "S" endorsement and/or a school bus CLP:

 

1)         for failure to meet the provisions of IVC Section 6-508;

 

2)         for failure to meet any eligibility requirements in this Section.

 

e)         Prior to the issuance of a CLP or CDL with an "S" endorsement and/or a school bus CLP, the Department shall perform a records check through the Problem Driver Pointer System (PDPS) and CDLIS, comply with all requirements in 49 CFR 384 (October 1, 2014), and enter each CLP or CDL holder's record into CDLIS pursuant to IVC Sections 6-512.5 and 6-513.

 

f)         A person applying for and operating on a school bus CLP shall be exempt from obtaining and holding an Illinois school bus driver permit, but must be accompanied by an individual holding the proper license classification and a school bus driver permit but may not operate a school bus with any passengers other than federal/State auditors and inspectors, test examiners, and other trainees.

 

g)         A CDL with an "S" endorsement shall expire in accordance with the provisions of IVC Section 6-115.  A CLP with an "S" endorsement shall expire in accordance with the provisions of IVC Section 6-507.5.

 

h)         The fees for a CDL with an "S" endorsement and/or a school bus CLP shall be as outlined in IVC Section 6-118.

 

i)          A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the disqualification provisions of IVC Section 6-514.

 

j)          A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the prohibitions against driving a commercial motor vehicle while having any alcohol, other drugs or both in the applicant's system as outlined in IVC Section 6-515.

 

k)         A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the implied consent requirements for commercial motor vehicle drivers outlined in IVC Section 6-516.

 

l)          A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the implied consent warnings outlined in IVC Section 6-517.

 

m)        A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the cancellation provisions of IVC Section 6-201.

 

n)         A driver applicant whose CDL with an "S" endorsement and/or a school bus CLP has been canceled, withdrawn or disqualified may contest the sanction by requesting a hearing with the Secretary of State Department of Administrative Hearings pursuant to IVC Section 2-118 or 6-520.  The cancellation, withdrawal or disqualification shall remain in effect pending the outcome of the hearing.

 

o)         A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to all provisions of IVC Chapter 6, Article V.

 

(Source:  Amended at 46 Ill. Reg. 7823, effective April 27, 2022)

 

Section 1030.100  Anatomical Gift Donor (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 16543, effective November 27, 2007)

 

Section 1030.110  Emergency Medical Information Card

 

a)         Every licensee who carries an Emergency Medical Information Card may place a sticker or decal on the driver's license indicating the licensee carries an Emergency Medical Information Card.

 

b)         The sticker or decal shall be in a form approved by the Department and shall be placed on the reverse side of the driver's license in an area designated by the Secretary of State.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.115  Change-of-Address

 

a)         Pursuant to IVC Section 6-116, a person who changes address must inform the Secretary of State in writing within 10 days after the change.  After proper notification of change of address, the address shall be changed on the driver's license file.

 

b)         To notify the Department of an address change, an individual may go to a Driver Services Facility and the address change will be made to the driver's license file at that time. Address changes may also be completed electronically on the Secretary of State's official website.

 

c)         Certain documents will be considered acceptable for notification of an address change if mailed to the Department.  Correspondence from the person, the individual's attorney, or an immediate family member will be acceptable documentation.  The Department shall also change the address on the driver's license file if one of the following is received:  post office change-of-address card, Secretary of State change-of-address card, Secretary of State Judicial Request to Suppress Personal Information form, court documents with "new address" written on them, certificates of insurance with a different address, Illinois Environmental Protection Agency Auto Emission postcards, a monitoring device driving permit order, or money orders reflecting new address.

 

d)         Documents not acceptable as notification to the Department of an address change include the following:  conviction reports; failure to appear notices; statutory summary suspension sworn reports (unless there is an out-of-state address indicated on the statutory summary suspension sworn report that corresponds with the out-of-state address reported to the Department when the driver's license was surrendered out-of-state and returned to Illinois); court transcripts (unless "new address" is written on documents); accident reports; or addresses on checks unless "new address" is specified.

 

e)         An applicant for a TVDL may not request an address change until after the original TVDL has been processed and mailed to the address provided at the time of original application.

 

(Source:  Amended at 37 Ill. Reg. 19342, effective November 28, 2013)


 

 

Section 1030.120  Issuance of a Probationary License

 

a)         A person whose driving privileges have been suspended under IVC Section 6-206(a)(2) for conviction of not less than three offenses committed within a 12-month period against traffic regulations governing the movement of vehicles shall qualify for a probationary license if the individual meets the following requirements:

 

1)         Is not less than 21 years of age.

 

2)         Offenses for which the person was suspended do not exceed 74 points as determined by the Illinois Offense Table (92 Ill. Adm. Code 1040.20).

 

3)         Driving privileges have not been suspended or revoked within the past seven years, excluding cleared miscellaneous suspensions.

 

4)         Has not previously or currently been arrested for an offense that requires mandatory revocation upon conviction, as stated in IVC Section 6-205.

 

5)         Must have been issued or qualified for a valid Illinois driver's license prior to the effective date of the suspension and have no outstanding reinstatement fee, failure to pay requirements or invalidation by voluntary surrender entered to the driving record.

 

6)         Has successfully completed a driver remedial education course.

 

7)         Completes an application and submits the required fees, including the $8 probationary license fee, and surrenders the current driver's license or provides a notarized, signed affidavit of Inability to Surrender form.

 

8)         Has a driver's license that has not been invalidated by a No Driving Order from the court.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.130  Grounds for Cancellation of a Probationary License

 

a)         A probationary license as defined in Section 1030.120 shall be canceled and/or further action taken against the individual's driving privileges if the Department receives:

 

1)         Evidence that the individual is less than 21 years of age.

 

2)         Evidence that traffic convictions committed prior to the effective date of the suspension entered pursuant to IVC Section 6-206(a)(2) will result in the total points assessed against the individual's driving record exceeding 74 points within a 12-month period, as determined by the Illinois Offense Table (92 Ill. Adm. Code 1040.20).

 

3)         Evidence the individual's driving privileges have been suspended or revoked within the past seven years, excluding cleared miscellaneous suspensions.

 

4)         Evidence indicating that the individual has been arrested, or previously arrested for, an offense that would require mandatory revocation upon conviction pursuant to IVC Section 6-205.

 

5)         Evidence the individual did not attend or failed to complete the driver remedial education course.

 

6)         A report of a traffic offense, excluding those listed in IVC Section 6-204(a)(2), that was committed during the effective period of the probationary license.

 

7)         Evidence a traffic conviction was committed on or after the effective date of a suspension and prior to the effective date of the probationary driver's license.

 

(Source:  Amended at 33 Ill. Reg. 2391, effective January 21, 2009)

 

Section 1030.140  Use of Captured Images

 

a)         The Secretary of State shall maintain a file of all images captured in the process of issuing a driver's license or identification card.

 

1)         No other entity shall maintain a file of all or any subset of images, or store them as part of a database or separately established collection, unless explicitly authorized by law or this Section. 

 

2)         Images may be retained in hard copy or electronic format only as part of a case record by a criminal justice agency, as required to complete an investigation, to provide evidence or other documentation for the investigation, or as required for any subsequent law enforcement action.  The images must remain confidential, be available only to criminal justice agencies, and be disposed of in accordance with established record retention policies pertaining to criminal justice records.

 

3)         Images retrieved for the sole purpose of secondary dissemination shall not be stored by the disseminating agency, except for the purposes of transmission. 

 

4)         Illinois State Police may store images retrieved for the purpose of verification and issuance of Firearm Owner Identification Cards, Concealed Carry License Cards, and for use on their Sex Offender Registry.

 

5)         Upon the request of the individual, the Secretary of State may maintain a captured image as part of its Lobbyist Registration database, which is available for access by the general public.

 

b)         The images shall not be publicly displayed or accessed by or distributed to persons other than those authorized by this Section, unless otherwise explicitly allowed by law.

 

1)         The images shall be confidential and shall not be disclosed, except to the following persons and for the following reasons:

 

A)        The individual, upon written request [625 ILCS 5/6-110.1];

 

B)        A family member or estate executor of a deceased individual, upon written request and submission of a copy of the death certificate or other proof of death and other information, at the discretion of the Department, including but not limited to the deceased individual's driver's license number, State issued ID number, social security number, date of birth, date of death and last address;

 

C)        Police officers and employees of the Secretary of State who have a need to have access to the stored images to:

 

i)        issue or control driver's licenses and identification cards [625 ILCS 5/6-110.1];

 

ii)         conduct an investigation into fraudulent activities or misconduct;

 

iii)        conduct hearings regarding the cancellation, suspension or revocation of a driver's license or identification card; or

 

iv)        register individuals under the Lobbyist Registration Act [25 ILCS 170];

 

D)        Illinois and federal criminal justice agencies for lawful civil or criminal law enforcement investigations;

 

E)        Criminal justice agencies from other states or jurisdictions for the purpose of lawful civil or criminal law enforcement investigations;

 

F)         For use and display by the Illinois State Police in their Sex Offender Registry maintained by law and for display in the Secretary of State Lobbyist Registry;

 

G)        Other jurisdictions that issue official State driver's licenses and identification cards to ensure that an individual has a valid driver's license or identification card, is not fraudulently using identity information, is not fraudulently attempting to obtain or use a driver's license or identification card, or for similar investigations by a jurisdiction that are related to the issuance and control of driver's licenses and identification cards;

 

H)        A central issuance driver's license or identification card vendor contracted by the Department solely for the purpose of producing a driver's license/identification card; or

 

I)         Public Defenders for use in the investigation and defense of a person for whom the public defender has been appointed by the court and who has been issued Uniform Citation and Complaint for a violation of the Illinois Vehicle Code or charged with a felony or misdemeanor.

 

2)         Broad secondary dissemination to the public or to persons other than those authorized by this Section can occur if the law enforcement entity responsible for the investigation for which the image was requested deems further dissemination of the image to be necessary for locating a suspect or crime victim or for protecting public or officer safety in the course of a criminal investigation, and if: 

 

A)        No other suitable image is available;

 

B)        Additional methods of verification of the person's identity and image have been completed;

 

C)        The following disclaimer language is included:

"Only for use as authorized by 625 ILCS 5/6-110.1 and 92 Ill. Adm. Code 1030.140.  This information and image cannot be certified to be anything other than the information and image of the individual who presented himself or herself to the Secretary of State's Office with the required forms of identification."; and

 

D)        It is approved in advance in writing by the Secretary of State Department of Police.

 

3)         Only images of a suspect in the investigation for which the image was requested shall be used in any line-up or photo array.

 

c)         Recipients of images from the Secretary of State may not disseminate images further, except criminal justice agencies may disseminate images to other eligible criminal justice agencies for the purposes of the investigation for which the image was originally requested. 

 

1)         The Secretary of State shall establish procedures for electronic and hard copy dissemination of images that ensure secure transmission and adherence with all established law and rules regarding images.

 

2)         Any agency that secondarily disseminates an image must have the ability to identify other eligible entities and provide records of dissemination and must have the ability to ensure that the secondary recipient or requestor meets the definition of criminal justice agency.  Secondary dissemination will require verification of the recipient's LEADS certification or similar level of verification if LEADS certification is not applicable and may require other levels of verification established by the Secretary of State that are necessary to ensure secure and legal distribution and use of images.

 

3)         Methods of requesting and disseminating the images must include a provision that the request for and subsequent receipt of the images serves as an agreement to keep the images confidential and to adhere to all established law and rule regarding the images and must include any disclaimers required by the Secretary of State.

 

(Source:  Amended at 48 Ill. Reg. 6080, effective April 5, 2024)

 

Section 1030.150  Veteran Designation on Driver's License or Identification Card

 

a)         Definitions. For the purposes of this Section, the following terms shall have the meanings set forth in this subsection (a):

 

"Active duty" – means active duty under an executive order of the President of the United States, an Act of the Congress of the United States, or an order of the governor of any U.S. state or territory.

 

"Armed Forces" – means any of the Armed Forces of the United States, including a member of any reserve component or National Guard unit called to active duty.

 

"DVA" – means the Illinois Department of Veterans' Affairs.

 

"Veteran" – means a person who has served on active duty in the Armed Forces and was discharged or separated under honorable conditions. [15 ILCS 335/5(b)]

 

b)         Effective July 1, 2015, for each original or renewal driver's license or identification card (ID) application, the Secretary shall inquire as to whether the applicant is an honorably discharged veteran.  If the applicant is an honorably discharged veteran, the applicant shall be informed that he or she is entitled to have the designation "Veteran" on the face of his or her driver's license or ID card.

 

c)         The Secretary shall issue an original, renewal, corrected or duplicate driver's license or ID with the "Veteran" designation to applicants who present a DD214, Certification of Military Service (NA Form 13038), Department of Defense Form DD-2 (retired), an identification card issued under the federal Veterans Identification Card Act of 2015, or U.S. Department of Veterans Affairs summary of benefits letter or other official Department of Defense discharge document that indicates the applicant was honorably discharged.  The applicant shall pay the statutory fee required by IVC Section 6-118, to have a "Veteran" designation added to a duplicate or corrected driver's license, and by Section 12 of the Illinois Identification Card Act [15 ILCS 335] to have the designation added to a duplicate or corrected ID.

 

d)         On a nightly basis, the Secretary shall provide DVA with an electronic file of the applicants who were issued a driver's license or ID card with the "Veteran" designation during that business day.  The file shall contain the full name, address, driver's license or ID card number, date of birth, gender and full social security number of the applicant.  DVA shall compare that file to its records to determine if the applicant is a honorably discharged veteran.  DVA shall notify the Secretary if it determines, after due diligence, that it cannot verify an applicant's veteran status.

 

e)         Upon being notified by DVA that it cannot verify the applicant is an honorably discharged veteran, the Secretary shall notify the applicant in writing that he or she has 30 days to appear in person at a DVA office and provide proof of his or her status as an honorably discharged veteran to DVA.  If, within that 30 day period, DVA notifies the Secretary that, upon further review, it has determined that the applicant is an honorably discharged veteran, the Secretary will take no further action regarding the matter.

 

f)         If the Secretary does not receive notification from DVA within the 30 day period specified in subsection (e) confirming the applicant's status as an honorably discharged veteran, the Secretary shall cite the applicant to appear at a Secretary of State facility within 15 days after the date of the citation to surrender the driver's license or ID card with the "Veteran" designation and be issued a new card without the "Veteran" designation.  If the applicant does not appear pursuant to the citation, the applicant's driver's license or ID card shall be canceled.

 

g)         An applicant whose driver's license or ID has been cancelled pursuant to this Section may apply for a driver's license or ID without the "Veteran" designation.

 

(Source:  Amended at 44 Ill. Reg. 2041, effective December 31, 2019)

 

Section 1030.160  Extension of Expiration Dates

 

a)         Pursuant to the powers vested in the Secretary of State by Public Act 102-678, the Secretary hereby extends through December 1, 2022 the expiration dates of all driver's licenses, instruction permits, and identification cards that were issued pursuant to the following statutes and with expiration dates between January 1, 2020 and November 30, 2022:  

 

625 ILCS 5/6-105

625 ILCS 5/6-105.1 

625 ILCS 5/6-107.1

625 ILCS 5/6-110

15 ILCS 335/4

15 ILCS 335/8

 

The expiration dates of commercial driver’s licenses and commercial learner’s permits issued pursuant to the following statutes and with expiration dates between November 1, 2021 and January 30, 2022 are hereby extended through January 31, 2022:

 

625 ILCS 5/6-507.5

625 ILCS 5/6-509

625 ILCS 5/6-510

 

b)         Driver's licenses that have been extended pursuant to subsection (a) shall not be considered lapsed until December 1, 2023.

 

c)         The expiration dates of restricted driving permits issued pursuant to the following statutes and issued with expiration dates between December 1, 2021 and November 30, 2022 are hereby extended through December 1, 2022:

 

625 ILCS 5/6-205

625 ILCS 5/6-206

 

d)         To be eligible for the extensions created in this Section, the individual's driver's license, instruction permit, permit and identification card must be valid as of the expiration date on the driver's license currently held by the individual driver.

 

e)         All conditions and restrictions under which the driver's licenses, instruction permits, permits and identification cards were issued shall remain in full force and effect during the period of these extensions.  The extension period may be rescinded by the Secretary of State through the adoption of an emergency rule.

 

(Source:  Amended at 46 Ill. Reg. 19214, effective November 15, 2022)

 

Section 1030.170  Modification of Requirements for Renewal of Driver’s Licenses and Issuance of a Commercial Driver’s License

 

Pursuant to the powers vested in the Secretary of State by Public Acts 102-0678 and 102-1103, the Secretary hereby modifies the procedures and requirements for the renewal of driver’s licenses as set forth below.  All existing statutory and administrative rule procedures and requirements for the renewal of driver’s licenses shall remain in full force and effect except to the extent that they conflict with the provisions of this Section. 

 

a)         Each driver whose Illinois driver’s license bears an expiration date between January 1, 2020 and December 31, 2022 and whose driving record contains violations that require the driver to take a written test every other renewal may have the written test deferred for one renewal cycle if the renewal occurs on or before December 31, 2022.  This deferral does not apply to applicants renewing a CDL.

 

b)         The following provisions are in effect through December 1, 2022:

 

1)         Applicants for an Illinois CDL who hold a valid CDL issued by another state of the same classification and containing the same endorsements as being applied for in Illinois, are exempted from completing the examinations required in Sections 1030.80(b) and (c) and 1030.85(c) and (d), unless the applicant is 75 years of age or older, in which case the applicant must complete the examinations required in Section 1030.85(c) and (d).  A CDL applicant who wishes to upgrade the classification or to add an endorsement shall be required to take all applicable written and road exams.

 

2)         The Secretary of State shall examine every applicant for renewal of a driver's license or permit issued under the laws of this State or any other state if the driver's license or permit has been expired for more than two years.

 

c)         Each applicant aged 79 or older whose Illinois driver’s license has an expiration date of January 1, 2020 or later and who renews a driver’s license before October 1, 2023 must prove, by actual demonstration, the applicant’s ability to exercise reasonable care in the safe operation of a motor vehicle.  Every applicant for a renewal of a CDL who is 75 years of age or older must prove, by actual demonstration, the applicant’s ability to exercise reasonable care in the safe operation of a commercial motor vehicle.

 

(Source:  Amended at 47 Ill. Reg. 7791, effective May 17, 2023)


Section 1030.APPENDIX A   Questions Asked of a Driver's License Applicant

 

The following questions shall appear on or be provided with an application for a driver's license:

 

If you are applying for an Identification (ID) Card review questions 1 and 2; for a Driver's License, review questions 1 through 7; for a Commercial Driver's License, review questions 1 through 10.

 

1)         Is your driver's license or ID card or privilege to obtain a license or ID card suspended, revoked, canceled or refused in any state or country under this or any other name?  (If yes, a letter of clearance is required.)

 

2)         Do you presently hold a valid driver's license or ID card in this or any other state?

 

3)         Is your driver's license being held by a court in lieu of bail?

 

4)         Are you currently under a court order of guardianship? (If yes, a medical report is required.)

 

5)         Do you have any condition that might cause a temporary loss of consciousness?  (If yes, a physician's statement and a signed medical agreement are required.)

 

6)         Do you have any mental or physical condition that might interfere with safe driving?  (If yes, a physician's statement and a signed medical agreement are required.)

 

7)         Do you use any drugs, including prescription medication, or alcohol to an extent that they impair your driving ability or has a court committed you to a mental health facility within the last 4 years? (If yes, a medical report is required.)

 

8)         If you are under age 18 and this is your initial application for a Graduated Driver's License, have you been issued any citation for which a disposition has not yet been rendered by a court of law?

 

9)         Are your commercial driver's license privileges currently disqualified or subject to an out-of-service order?

 

10)____ Do you certify that you meet the "Qualifications of Driver's" portion of Part 391 of the Federal Motor Carrier Safety Regulations and operate in non-excepted interstate commerce? (If the applicant answers yes to this question, the applicant checks a box marked "NI". If the applicant answers no to this question, the applicant must check one of 3 boxes that set forth the type of driving in which the applicant will engage.)

 

11)         Do you certify that you meet the hearing requirements outlined in 49 CFR 391.41(b)(11)?

 

I understand that my social security number will be disclosed to other states pursuant to the Commercial Motor Vehicle Safety Act of 1986 (applies only to CDL applicants).

 

(Source:  Amended at 38 Ill. Reg. 20039, effective October 1, 2014)


Section 1030.APPENDIX B   Acceptable Identification Documents – Applicants for a Standard Identification Card, Driver's License, Instruction Permit, Visa Status Temporary Visitor's Driver's License Pursuant to IVC Section 6-105.1(a) or Visa Status Temporary Visitor's Instruction Permit (Non-Real ID)

 

Any document submitted to the Secretary in a language other than English must be accompanied by a full English translation certified by the translator as complete and accurate. Additionally, the translator must provide a dated, written, and signed certification affirming their competence to translate from the foreign language to English.

 

a)         Except as provided for in subsection (o), an applicant applying for a standard driver's license or identification card for the first time in the State of Illinois must present one document from each of Group A, B, C and D.

 

b)         A foreign national applying for a temporary visitor's driver's license shall submit one document from Groups A, B and D to prove name, date of birth, temporary residency, legal presence, and signature.  Temporary visitor's driver's license applicants are not required to present documents verifying social security numbers.  Instead, they shall affirm under penalty of perjury that they are ineligible to obtain a social security number.  Acceptance of documents not listed in Groups A, B and D must be approved through the Director of Driver Services or the Director's designee.

 

c)         An applicant applying for a CLP or CDL shall submit one of the following documents as proof of citizenship or lawful permanent resident status:

 

1)         valid, unexpired U.S. passport;

 

2)         certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's state of birth, Puerto Rico, the Virgin Islands, Guam, American Samoa or the Commonwealth of the Northern Mariana Islands;

 

3)         Consular Reports of Birth Abroad (CRBA) issued by the U.S. Department of State;

 

4)         Certificate of Naturalization issued by the U.S. Department of Homeland Security (DHS);

 

5)         Certificate of Citizenship issued by DHS;

 

6)         Valid, unexpired Permanent Resident Card issued by USCIS or the Immigration and Naturalization Service (INS); or

 

7)         Valid, unexpired U.S. Passport Card.

 

d)         An applicant applying for a Non-Domiciled CLP or CDL shall submit an unexpired employment authorization document (EAD) issued by USCIS or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant's most recent admittance into the United States.

 

e)         Except as provided for in subsections (o) and (q), an applicant applying for either a duplicate or corrected driver's license or identification card must present one form of identification from Group A and one from Group D if requesting an address change to appear on the documents.  An applicant who requests a change in name, date of birth, social security number or gender must provide acceptable identification to create a link pertaining to the change between the previous information and the new information.

 

f)         Applicants renewing a current or recently expired (less than one year) Illinois driver's license or identification card need only present the expiring or recently expired (less than one year) driver's license or identification card.  If they do not possess the expiring or recently expired (less than one year) driver's license or identification card, they must present one document from Group A and one from Group D, if requesting an address change to appear on the document.  Applicants renewing a current visa-status TVDL must present the expiring TVDL and current documentation issued by the U.S. Citizenship and Immigration Services authorizing the applicant to be present in the United States.  An applicant who requests a change in name, date of birth, social security number or gender must provide acceptable identification to create a link pertaining to the change between the previous information and the new information.

 

g)         Documents acceptable for the purpose of obtaining a driver's license, permit and/or identification card are listed by group.  Photocopies will not be accepted. All acceptable documents presented for verification or proof must be valid (current and not expired).

 

1)         GROUP A (Written Signature)

 

Canceled Check (dated within 90 days prior to application)

 

Cooperative Driver Testing Program Certificate

 

Court Order

 

Credit Card/Debit Card – Major Brand (American Express, Diner’s Club, Discover, Mastercard, and Visa)

 

Driver's License issued by an agency of the United States

Government (e.g., Department of State)

 

Foreign Passport

 

Identification Card issued by an agency of the United States

Government

 

Illinois Driver's License – current or expired less than one year

 

Illinois Identification Card – current or expired less than one year

 

Medicare Card – with suffix A, J, H, M or T

 

Mortgage or Installment Loan Documents

 

Out-of-state Driver's License/ID Card – current

 

Social Security Card

 

Temporary Driver's License/Commercial Learner's Permit/Identification

Card

 

U.S. Citizenship and Immigration Services (USCIS) forms:

 

I-551 (Permanent Resident Card)

 

I-766 (Employment Authorization Card)

 

I-94 (Arrival/Departure Record) with Valid Passport

 

United States Military Driver's License

 

United States Military Identification Card

 

United States Military Service Record (e.g., DD214)

 

United States Passport

 

2)         GROUP B (Proof of Date of Birth)

 

Adoption Records

 

Birth Certificate

 

Court Order – Change of Birth Date

 

Certified Grade/High School/College/University Transcript

 

Citizenship Certificate

 

Illinois Driver's License

 

Illinois Identification Card

 

Naturalization Certificate

 

U.S. Citizenship and Immigration Services (USCIS) forms:

 

I-551 (Permanent Resident Card)

 

I-571 (Refugee Travel Document)

 

I-766 (Employment Authorization Card)

 

I-797 (Notice of Action Status Change)

 

I-94 (Arrival/Departure Record) with Valid Passport

 

U.S. Visa

 

United States Military Driver's License

 

United States Military Identification Card

 

United States Military Service Record (e.g., DD214)

 

United States Passport or Passport Card

 

Social Security Award Letter (Primary Beneficiary Only)

 

3)         GROUP C (Social Security Number)

 

Illinois Driver's License Record (Verified)

 

Illinois Identification Card Record (Verified)

 

Non-SSA-1099 Form

 

Pay stub or printed electronic deposit

 

Social Security Award Letter (Primary Beneficiary Only)

 

Social Security Card – issued by Social Security Administration

 

SSA-1099 Form

 

United States Military Driver's License

 

United States Military Identification Card

 

United States Military Service Record (e.g., DD214)

 

W-2

 

4)         GROUP D (Residency)

 

Bank Statement (dated within 90 days prior to application)

 

Canceled Check (dated within 90 days prior to application)

 

Certified Grade/High School/College/University Transcript

 

Credit Card Statement – Dated within 90 days prior to application – American Express, Diner’s Club, Discover, Mastercard, and Visa

 

Credit Report issued by Experian, Equifax or TransUnion − dated within 12 months prior to application

 

Deed/Title, Mortgage, Rental/Lease Agreement

 

Insurance Policy (Homeowner's or Renter's)

 

Letter on Official School Letterhead − dated within 90 days prior to application

 

Medical claim or statement of benefits from private insurance company or public (government) agency, dated within 90 days prior to application

 

Official mail received from a State, County, City or Village or a Federal Government agency that includes first and last name of the applicant and complete current address.  This may include, but is not limited to:

 

Homestead Exemption Receipt

 

Jury Duty Notice issued within 90 days prior to application

 

Selective Service Card

 

Social Security Annual Statement

 

Social Security Disability Insurance (SSDI) Statement

 

Supplemental Security Income (SSI) Benefits Statement

 

Voter Registration Card

 

Pay Stub or Electronic Deposit Receipt

 

Pension or Retirement Statement

 

Phone book, current, produced by a phone book publisher

 

Report Card from Grade/High School or College/University

 

Tuition invoice or other official mail from a college or university dated within the 12 months prior to application

 

Utility Bill − Electric, water, refuse, telephone (land or cell), cable or gas, issued within 90 days prior to application

 

h)         Documents listed in Group A, B or C that contain the full residence address may also be used for Group D.

 

i)          For a name change, the document must provide a link to the established driver's license/ID Card file.

 

j)          Group B documents must contain the applicant's full name and complete date of birth and must be verifiable.  To be verifiable, it must be possible to contact the regulatory authority to confirm the authenticity of the document.  Birth certificate must be the original or certified by a Board of Health or Bureau of Vital Statistics within the U.S. or by the U.S. State Department, U.S. Territories or Canada.  A certified copy is a document produced by the issuing jurisdiction that has an embossed seal or an original stamped impression.  Foreign passports and foreign birth certificates are accepted as "proof" if accompanied by any other item listed in Group B.

 

k)         Group C documents must contain the applicant's name and full social security number.

 

l)          Group D documents must contain the applicant's first and last name and full residence address.

 

m)        After review of all identification presented, Driver Services or Secretary of State management has the right to accept or refuse any document.

 

n)         An applicant applying for a no-fee identification card who is homeless must present one document from each of Group A, B and C and a homeless status certification, as described in Section 1030.12, to satisfy the requirements for Group D.

 

o)         A judicial officer who wishes to change the residence address or mailing address to the officer's business address, pursuant to the Judicial Privacy Act [705 ILCS 90], is required to present only a Secretary of State Request to Suppress Personal Information form as proof of residency.

 

p)         A peace officer who wishes to change the residence address or mailing address to the officer's business address is required to present only a Secretary of State Request to Change Residence/Mailing Address form and his or her peace officer badge.

 

q)         An applicant for a standard driver's license or identification card, instruction permit or visa-status temporary visitor driver's license who is under the age of 18 may submit a document from Group D issued to the applicant's parent or guardian.

 

r)          Unacceptable identification documents include, but are not limited to:

 

Bond Receipt or Bail/Bond Card

 

Business Cards

 

Check Cashing Cards

 

Club or Fraternal Membership Cards

 

College or University Identification Cards

 

Commercially Produced (non-State or unofficial) ID Cards

 

DHS (Department of Human Services) Cards or documents issued by DHS

 

Fishing License

 

HFS (Healthcare and Family Services) Cards

 

Handwritten ID or Employment Cards

 

Hunting License

 

Illinois Concealed Carry Card

 

Illinois FOID Card

 

Instruction Permit/Receipts

 

Insurance Card

 

International Driving Permit

 

Library Card

 

Personal Mail

 

Traffic Citation (Arrest Ticket)

 

Video Club Membership Cards

 

Wallet IDs

 

Unlicensed Financial Institution Loan Papers

 

Vehicle Registration

 

(Source:  Amended at 48 Ill. Reg. 6080, effective April 5, 2024)


 

Section 1030.APPENDIX C   Acceptable Identification Documents – Applicants for a Non-Visa Status Temporary Visitor's Driver's License or Non-Visa Status Temporary Visitor's Instruction Permit Pursuant to IVC Section 6-105.1(a-5)

 

Any document submitted to the Secretary in a language other than English must be accompanied by a full English translation certified by the translator as complete and accurate. Additionally, the translator must provide a dated, written, and signed certification affirming their competence to translate from the foreign language to English.

 

a)         Applicants for an original non-Visa status temporary visitor's driver's license (TVDL) pursuant to IVC Section 6-105.1(a-5) shall submit the following:

 

1)         One document to prove written signature;

 

2)         One document to prove name and date of birth;

 

3)         One document to prove current Illinois residence address;

 

4)         One document to prove Illinois residency in excess of one year;

 

5)         Valid unexpired passport from the applicant's country of citizenship or a valid unexpired consular identification document issued by the applicant's country of citizenship pursuant to Section 5 of the Consular Identification Document Act [5 ILCS 230/5]; and

 

6)         Verification of residency form.

 

b)         An applicant applying for either a duplicate or corrected driver's license or identification card must present one document from Group A, one document from Group B, and one document from Group D if requesting an address change to appear on the documents (see Appendix B).

 

c)         A TVDL holder who requests a change in name, date of birth or gender must provide acceptable identification to create a link pertaining to the change between the previous name, date of birth or gender and the new name, date of birth or gender. 

 

d)         Documents that are acceptable for the purpose of obtaining a TVDL must be current and unexpired and include:

 

1)         Written Signature:

 

Consular Identification Document Card – From Countries Approved by the Illinois State Police

 

Cooperative Driver Testing Program Certificate

 

Court Order

 

Credit Card − Major Brand (American Express, Diner's Club, Discover, Mastercard, and Visa)

 

Driver's License or Identification Card (issued by another state of the United             States)

 

Foreign Passport (with complete date of birth: day, month and year)

 

Mexican Electoral Card

 

Mortgage or Installment Loan Agreement

 

United States Federal, State or Local Government Identification Card

 

2)         Name and Date of Birth:

 

Consular Identification Document Card – From Countries Approved by the Illinois State Police

 

Foreign Passport (with complete date of birth: day, month and year)

 

3)         Current Illinois Residence Address:

 

Bank Statement (dated within 90 days prior to application)

 

Certified Grade School/High School/College/University Transcript

 

Consular Identification Document Card – From Countries Approved by the Illinois State Police

 

Credit Report Issued by Experian, Equifax or TransUnion (dated within 90 days prior to application)

 

Deed/Title, Mortgage, Rental/Lease Agreement

 

Homestead Exemption Receipt

 

Insurance Policy (homeowner's or renter's)

 

Medical Claim or Statement of Benefits from Private Insurance Company or Public (government) Agency (dated within 90 days prior to application)

 

Official Mail from a State, County, City, Village or Federal Agency (that includes the applicant's first and last name and complete address)

 

Pension or Retirement Statement

 

Report Card from Grade School/High School/College/University

 

Selective Service Card

 

Tuition Invoice or Other Official Mail from a College or University (dated within 90 days prior to application)

 

Utility Bill (electric, water, refuse, telephone (land or cell), cable or gas; dated within 90 days prior to application)

 

4)         Illinois Residency in Excess of One Year (all documents must be dated at least 12 months prior to the date of application):

 

Bank Statement

 

Certified Grade School/High School/College/University Transcript

 

Deed/Title, Mortgage, Rental/Lease Agreement

 

Homestead Exemption Receipt

 

Insurance Policy (homeowner's or renter's)

 

Medical Claim or Statement of Benefits from Private Insurance Company or Public (government) Agency

 

Official Mail from a State, County, City, Village or Federal Agency (that includes the applicant's first and last name and complete address)

 

Pension or Retirement Statement

 

Report Card from Grade School/High School/College/University

 

Tuition Invoice or Other Official Mail from a College or University

 

Utility Bill (electric, water, refuse, telephone (land or cell), cable or gas)

 

e)         After review of all identification presented, Driver Services or Secretary of State management has the right to accept or refuse any document.

 

f)         An applicant for a non-visa status TVDL or a TVDL instruction permit who is under the age of 18 may submit a document issued to the applicant's parent or guardian to prove current Illinois residence address.

 

g)         Unacceptable identification documents include, but are not limited to:

 

Bond Receipt or Bail/Bond Card

 

Business Cards

 

Check Cashing Cards

 

Club or Fraternal Membership Cards

 

College or University Identification Cards

 

Commercially Produced (non-State or unofficial) ID Cards

 

DHS (Department of Human Services) Cards or documents issued by DHS.

 

Fishing License

 

HFS (Healthcare and Family Services) Cards

 

Handwritten ID or Employment Cards

 

Hunting License

 

Illinois Concealed Carry Card

 

Illinois FOID Card

 

Instruction Permit/Receipts

 

Insurance Card

 

Library Card

 

Personal Mail

 

Traffic Citation (Arrest Ticket)

 

Video Club Membership Cards

 

Wallet IDs

 

Unlicensed Financial Institution Loan Papers

 

h)         All documents presented must be valid and unexpired.  Hard copy documents are required; images from a cell phone are not accepted (an applicant may print the image (e.g., bank statement) and provide the printed copy).  Photocopies of documents will not be accepted.  Acceptance of documents not listed in this Appendix must be approved by the Director of Driver Services or the Director's designee.

 

(Source:  Amended at 48 Ill. Reg. 6080, effective April 5, 2024)


 

Section 1030.APPENDIX D   Acceptable Identification Documents – Applicants for a Real ID Compliant Driver's License or Identification Card

 

Any document submitted to the Secretary in a language other than English must be accompanied by a full English translation certified by the translator as complete and accurate. Additionally, the translator must provide a dated, written, and signed certification affirming their competence to translate from the foreign language to English.

 

a)         An applicant applying for a Real ID compliant driver's license or identification card for the first time in the State of Illinois must present one document from each of Group A, B, C and E, as well as two documents from Group D.  If an applicant's current name is different than the name that appears on the document presented for proof of identity/date of birth (Group A), the applicant must present a document linking the current name to the name on the Group A document (i.e., marriage certificate, divorce decree).

 

b)         An applicant applying for a duplicate Real ID driver's license or identification card must present one form of identification from Group A. 

 

c)         An applicant applying for a corrected Real ID compliant driver's license or identification card due to an address change must present two documents from Group D.  An applicant who requests a change in name, date of birth, social security number or gender must provide acceptable identification to create a link pertaining to the change between the previous information and the new information.

 

d)         A U.S. citizen renewing a current or expired (less than one year) Real ID Illinois driver's license or identification card need only present the expiring or recently expired (less than one year) credential.  An applicant other than a U.S. citizen renewing a current or expired (less than one year) Real ID Illinois driver's license or identification card must present current proof of lawful status and the expiring or recently expired (less than one year) credential.  If an applicant does not possess the expiring or recently expired (less than one year) credential, the applicant must present one document from Group A.  If requesting a change of address, the applicant must also present two documents from Group D.  An applicant who requests a change in name, date of birth, social security number or gender must provide acceptable identification to create a link pertaining to the change between the previous information and the new information.

 

e)         Documents of identification that are acceptable for the purpose of obtaining a Real ID compliant driver's license, permit or identification card are listed by group.  Photocopies will not be accepted.  All acceptable documents presented for verification or proof must be valid (current and not expired).  Hard copy documents are required; images from a cell phone are not accepted (an applicant may print the image (e.g., bank statement) and provide the printed copy).

 

1)         GROUP A − Written Signature

 

Canceled Check (dated within 90 days prior to application)

 

Cooperative Driver Testing Program Certificate

 

Court Order

 

Credit Card/Debit Card – Major Brand (American Express, Diner's Club, Discover, Mastercard, and Visa)

 

Driver's License issued by an agency of the United States Government (e.g., Department of State)

 

Foreign Passport

 

Identification Card issued by an agency of the United States Government

 

Illinois Department of Children and Family Services Identification Card Verification Form

 

Illinois Department of Corrections Identification Card Verification Form

 

Illinois Driver's License/Identification Card

 

Medicare Card – with suffix A, J, H, M or T

 

Mortgage or Installment Loan Documents

 

Out-of-state Driver's License/Identification Card 

 

Social Security Card

 

Temporary Driver's License/Commercial Learner's Permit/Identification

Card

 

United States Citizenship and Immigration Services (USCIS)

forms:

 

I-551 (Permanent Resident Card)

 

I-766 (Employment Authorization Card)

 

I-94 (Arrival/Departure Record) with Valid Passport

 

United States Military Driver's License/Identification Card

 

United States Passport or Passport Card

 

United States Military Service Record (e.g., DD214)

 

2)         GROUP B − Proof of Identity/Date of Birth

 

Certificate of Citizenship issued by the U.S. Department of Homeland Security, Form N-560 or Form N-561

 

Certificate of Naturalization issued by the U.S. Department of Homeland Security, Form N-550 or Form N-570

 

Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's state of birth

 

Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350 or DS-545

 

Employment Authorization Document (EAD) issued by the U.S. Department of Homeland Security, Form I-766 or Form I-688B

 

Foreign passport with a U.S. visa affixed, accompanied by the approved I-94 form documenting the applicant's most recent admittance to the United States

 

Permanent Resident Card (Form I-551) issued by the U.S. Department of Homeland Security or the U.S. Immigration and Naturalization Service

 

Real ID driver's license or identification card issued in compliance with the standards of 6 CFR 37

 

United States Passport or passport card

 

3)         GROUP C − Social Security Number.  With the exception of a verified Illinois driver's license or identification card, all documents must contain the name and full name and full social security number.

 

Non-SSA-1099 Form

 

Pay stub or electronic deposit receipt bearing the applicant's name and full social security number

 

Social Security Card

 

SSA-1099 Form

 

W-2

 

4)         GROUP D − Residency.  All documents must contain full residential address.  A document listed in Group A, B or C that contains the full residential address is acceptable as proof of residency.

 

Bank Statement (dated within 90 days prior to application)

 

Canceled Check (dated within 90 days prior to application)

 

Certified Grade/High School/College/University Transcript

 

Credit Card Statement (dated within 90 days prior to application) – American Express, Diner's Club, Discover, Mastercard, and Visa

 

Credit Report issued by Experian, Equifax or TransUnion − dated within 12 months prior to application

 

Deed/Title, Mortgage, Rental/Lease Agreement

 

Insurance Policy (Homeowner's or Renter's)

 

Letter on Official School Letterhead − dated within 90 days prior to application

 

Medical claim or statement of benefits from private insurance company or public (government) agency, dated within 90 days prior to application

 

Official mail received from a state, county, city or village or a federal government agency that includes first and last name of the applicant and complete current address.  This may include, but is not limited to:

 

Homestead Exemption Receipt

 

Jury Duty Notice issued within 90 days prior to application

 

Selective Service Card

 

Social Security Annual Statement

 

Social Security Disability Insurance (SSDI) Statement

 

Supplemental Security Income (SSI) Benefits Statement

 

Voter Registration Card

 

Pay Stub or Electronic Deposit Receipt

 

Pension or Retirement Statement

 

Phone book, current, produced by a phone book publisher

 

Report Card from Elementary, Middle or Secondary School or College/University

 

Tuition invoice or other official mail from a college or university dated within the 12 months prior to application

 

Utility Bill − electric, water, refuse, telephone (land or cell), cable or gas, issued within 90 days prior to application

 

5)         GROUP E − United States Citizenship or Lawful Status (originals or

certified copies are required)

 

Certificate of Citizenship issued by the U.S. Department of Homeland Security, Form N-560 or Form N-561.

 

Certificate of Naturalization issued by the U.S. Department of Homeland Security, Form N-550 or Form N-570

 

Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's state of birth

 

Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350 or DS-545

 

Employment Authorization Document (EAD) issued by the U.S. Department of Homeland Security, Form I-766 or Form I-688B

 

Foreign passport with a United States visa affixed, accompanied by the approved I-94 form documenting the applicant's most recent admittance to the United States

 

Permanent Resident Card (Form I-551) issued by the U.S. Department of Homeland Security or the U.S. Immigration and Naturalization Service

 

United States Passport or Passport Card

 

f)         After review of all identification presented, Driver Services or Secretary of State management has the right to accept or refuse any document.

 

g)         An applicant applying for a no-fee identification card who is homeless must present one document from each of Group A, B, C, and E and a homeless status certification, as described in Section 1030.12, to satisfy the requirements for Group D.

 

h)         A judicial officer who wishes to change his or her residence address or mailing address to his or her business address, pursuant to the Judicial Privacy Act [705 ILCS 90], is required to present only a Secretary of State Request to Suppress Personal Information form as proof of residency.

 

i)          A peace officer who wishes to change his or her residence address or mailing address to his or her business address pursuant to IVC Section 6-110(a-5) is required to present only a Secretary of State Request to Change Residence/Mailing Address form and his or her peace officer badge.

 

j)          An applicant for a Real ID driver's license or identification card who is under the age of 18 may submit a document from Group D issued to the applicant's parent or guardian. 

 

k)         Unacceptable identification documents include, but are not limited to:

 

Bond Receipt or Bail/Bond Card

 

Business Cards

 

Check Cashing Cards

 

Club or Fraternal Membership Cards

 

College or University Identification Cards

 

Commercially Produced (non-State or unofficial) ID Cards

 

DHS (Department of Human Services) Cards or documents issued by DHS

 

Fishing License

 

HFS (Healthcare and Family Services) Cards

 

Handwritten ID or Employment Cards

 

Hunting License

 

Illinois Concealed Carry Card

 

Illinois FOID Card

 

Instruction Permit/Receipts

 

Insurance Card

 

Library Card

 

Personal Mail

 

Traffic Citation (Arrest Ticket)

 

Unlicensed Financial Institution Loan Papers

 

Video Club Membership Cards

 

Wallet IDs

 

Unlicensed Financial Institution Loan Papers

 

(Source:  Amended at 48 Ill. Reg. 6080, effective April 5, 2024)