TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1030 ISSUANCE OF LICENSES
SECTION 1030.1 DEFINITIONS
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 his/her person and/or estate because of mental deterioration or physical incapacity, or 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 USC 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 USC 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 USC 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 his/her 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 his or her 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 his or her self-certification to intrastate only, if the driver qualifies under that state's physical qualification requirements for intrastate only;
allows the driver to change his or her 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 his/her 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.
"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/
"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 USC 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.
"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 his/her 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 him or her 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 his or her 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 judgement.
"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 USC 2721-2725). [625 ILCS 5/6-500(22.2)]
"Nasal Vision Reading" a field of vision 35º 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 his/her 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 in his/her 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.
"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 he/she 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 he or she 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.
"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 70º 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 his/her 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 him/her or to assist in his/her defense 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 41 Ill. Reg. 13665, effective October 30, 2017)