HB5493 EnrolledLRB097 19359 HEP 64608 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 3-100.2, 3-821, 5-501, 5-801, 6-205 and 6-206 and by
6adding Section 5-803 as follows:
 
7    (625 ILCS 5/3-100.2)
8    Sec. 3-100.2. Electronic access; agreements with
9submitters.
10    (a) The Secretary of State may allow, but not require, a
11licensee under Chapter 3 or 5 of this Code person to submit any
12record required to be submitted to the Secretary of State by
13using electronic media deemed feasible by the Secretary of
14State, in addition to instead of requiring the actual submittal
15of the original paper record. The Secretary of State may also
16allow, but not require, a person or licensee to receive any
17record to be provided by the Secretary of State by using
18electronic media deemed feasible by the Secretary of State,
19instead of providing the original paper record.
20    (b) Electronic submittal, receipt, and delivery of records
21and electronic signatures may be authorized or accepted by the
22Secretary of State, when supported by a signed agreement
23between the Secretary of State and the submitter. The agreement

 

 

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1shall require, at a minimum, each record to include all
2information necessary to complete a transaction, certification
3by the submitter upon its best knowledge as to the truthfulness
4of the data to be submitted to the Secretary of State, and
5retention by the submitter of supporting records.
6    (c) The Secretary of State may establish minimum
7transaction volume levels, audit and security standards,
8technological requirements, and other terms and conditions he
9or she deems necessary for approval of the electronic delivery
10process.
11    (d) When an agreement is made to accept electronic records,
12the Secretary of State shall not be required to produce a
13written record for the submitter with whom the Secretary of
14State has the agreement until requested to do so by the
15submitter.
16    (e) Upon the request of a lienholder submitter, the
17Secretary of State shall provide electronic notification to the
18lienholder submitter to verify the notation and perfection of
19the lienholder's security interest in a vehicle for which the
20certificate of title is an electronic record. Upon receipt of
21an electronic message from a lienholder submitter with a
22security interest in a vehicle for which the certificate of
23title is an electronic record that the lien should be released,
24the Secretary of State shall enter the appropriate electronic
25record of the release of lien and print and mail a paper
26certificate of title to the owner or lienholder at no expense.

 

 

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1The Secretary of State may also mail the certificate to any
2other person that delivers to the Secretary of State an
3authorization from the owner to receive the certificate. If
4another lienholder holds a properly perfected security
5interest in the vehicle as reflected in the records of the
6Secretary of State, the certificate shall be delivered to that
7lienholder instead of the owner.
8(Source: P.A. 91-772, eff. 1-1-01.)
 
9    (625 ILCS 5/3-821)  (from Ch. 95 1/2, par. 3-821)
10    Sec. 3-821. Miscellaneous Registration and Title Fees.
11    (a) The fee to be paid to the Secretary of State for the
12following certificates, registrations or evidences of proper
13registration, or for corrected or duplicate documents shall be
14in accordance with the following schedule:
15    Certificate of Title, except for an all-terrain
16vehicle or off-highway motorcycle$95
17    Certificate of Title for an all-terrain vehicle
18or off-highway motorcycle$30
19    Certificate of Title for an all-terrain vehicle
20or off-highway motorcycle used for production
21agriculture, or accepted by a dealer in trade13
22    Certificate of Title for a low-speed vehicle30
23    Transfer of Registration or any evidence of
24proper registration $25
25    Duplicate Registration Card for plates or other

 

 

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1evidence of proper registration3
2    Duplicate Registration Sticker or Stickers, each20
3    Duplicate Certificate of Title95
4    Corrected Registration Card or Card for other
5evidence of proper registration3
6    Corrected Certificate of Title95
7    Salvage Certificate4
8    Fleet Reciprocity Permit15
9    Prorate Decal1
10    Prorate Backing Plate3
11    Special Corrected Certificate of Title15
12    Expedited Title Service (to be charged in addition
13to other applicable fees)30
14    Dealer Lien Release Certificate of Title 20
15    A special corrected certificate of title shall be issued
16(i) to remove a co-owner's name due to the death of the
17co-owner or due to a divorce or (ii) to change a co-owner's
18name due to a marriage.
19    There shall be no fee paid for a Junking Certificate.
20    There shall be no fee paid for a certificate of title
21issued to a county when the vehicle is forfeited to the county
22under Article 36 of the Criminal Code of 1961.
23    (a-5) The Secretary of State may revoke a certificate of
24title and registration card and issue a corrected certificate
25of title and registration card, at no fee to the vehicle owner
26or lienholder, if there is proof that the vehicle

 

 

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1identification number is erroneously shown on the original
2certificate of title.
3    (a-10) The Secretary of State may issue, in connection with
4the sale of a motor vehicle, a corrected title to a motor
5vehicle dealer upon application and submittal of a lien release
6letter from the lienholder listed in the files of the
7Secretary. In the case of a title issued by another state, the
8dealer must submit proof from the state that issued the last
9title. The corrected title, which shall be known as a dealer
10lien release certificate of title, shall be issued in the name
11of the vehicle owner without the named lienholder. If the motor
12vehicle is currently titled in a state other than Illinois, the
13applicant must submit either (i) a letter from the current
14lienholder releasing the lien and stating that the lienholder
15has possession of the title; or (ii) a letter from the current
16lienholder releasing the lien and a copy of the records of the
17department of motor vehicles for the state in which the vehicle
18is titled, showing that the vehicle is titled in the name of
19the applicant and that no liens are recorded other than the
20lien for which a release has been submitted. The fee for the
21dealer lien release certificate of title is $20.
22    (b) The Secretary may prescribe the maximum service charge
23to be imposed upon an applicant for renewal of a registration
24by any person authorized by law to receive and remit or
25transmit to the Secretary such renewal application and fees
26therewith.

 

 

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1    (c) If a check is delivered to the Office of the Secretary
2of State as payment of any fee or tax under this Code, and such
3check is not honored by the bank on which it is drawn for any
4reason, the registrant or other person tendering the check
5remains liable for the payment of such fee or tax. The
6Secretary of State may assess a service charge of $19 in
7addition to the fee or tax due and owing for all dishonored
8checks.
9    If the total amount then due and owing exceeds the sum of
10$50 and has not been paid in full within 60 days from the date
11such fee or tax became due to the Secretary of State, the
12Secretary of State shall assess a penalty of 25% of such amount
13remaining unpaid.
14    All amounts payable under this Section shall be computed to
15the nearest dollar.
16    (d) The minimum fee and tax to be paid by any applicant for
17apportionment of a fleet of vehicles under this Code shall be
18$15 if the application was filed on or before the date
19specified by the Secretary together with fees and taxes due. If
20an application and the fees or taxes due are filed after the
21date specified by the Secretary, the Secretary may prescribe
22the payment of interest at the rate of 1/2 of 1% per month or
23fraction thereof after such due date and a minimum of $8.
24    (e) Trucks, truck tractors, truck tractors with loads, and
25motor buses, any one of which having a combined total weight in
26excess of 12,000 lbs. shall file an application for a Fleet

 

 

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1Reciprocity Permit issued by the Secretary of State. This
2permit shall be in the possession of any driver operating a
3vehicle on Illinois highways. Any foreign licensed vehicle of
4the second division operating at any time in Illinois without a
5Fleet Reciprocity Permit or other proper Illinois
6registration, shall subject the operator to the penalties
7provided in Section 3-834 of this Code. For the purposes of
8this Code, "Fleet Reciprocity Permit" means any second division
9motor vehicle with a foreign license and used only in
10interstate transportation of goods. The fee for such permit
11shall be $15 per fleet which shall include all vehicles of the
12fleet being registered.
13    (f) For purposes of this Section, "all-terrain vehicle or
14off-highway motorcycle used for production agriculture" means
15any all-terrain vehicle or off-highway motorcycle used in the
16raising of or the propagation of livestock, crops for sale for
17human consumption, crops for livestock consumption, and
18production seed stock grown for the propagation of feed grains
19and the husbandry of animals or for the purpose of providing a
20food product, including the husbandry of blood stock as a main
21source of providing a food product. "All-terrain vehicle or
22off-highway motorcycle used in production agriculture" also
23means any all-terrain vehicle or off-highway motorcycle used in
24animal husbandry, floriculture, aquaculture, horticulture, and
25viticulture.
26    (g) All of the proceeds of the additional fees imposed by

 

 

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1Public Act 96-34 shall be deposited into the Capital Projects
2Fund.
3(Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554,
4eff. 1-1-10; 96-653, eff. 1-1-10; 96-1000, eff. 7-2-10;
596-1274, eff. 7-26-10.)
 
6    (625 ILCS 5/5-501)  (from Ch. 95 1/2, par. 5-501)
7    Sec. 5-501. Denial, suspension or revocation or
8cancellation of a license.
9    (a) The license of a person issued under this Chapter may
10be denied, revoked or suspended if the Secretary of State finds
11that the applicant, or the officer, director, shareholder
12having a ten percent or greater ownership interest in the
13corporation, owner, partner, trustee, manager, employee or the
14licensee has:
15        1. Violated this Act;
16        2. Made any material misrepresentation to the
17    Secretary of State in connection with an application for a
18    license, junking certificate, salvage certificate, title
19    or registration;
20        3. Committed a fraudulent act in connection with
21    selling, bartering, exchanging, offering for sale or
22    otherwise dealing in vehicles, chassis, essential parts,
23    or vehicle shells;
24        4. As a new vehicle dealer has no contract with a
25    manufacturer or enfranchised distributor to sell that new

 

 

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1    vehicle in this State;
2        5. Not maintained an established place of business as
3    defined in this Code;
4        6. Failed to file or produce for the Secretary of State
5    any application, report, document or other pertinent
6    books, records, documents, letters, contracts, required to
7    be filed or produced under this Code or any rule or
8    regulation made by the Secretary of State pursuant to this
9    Code;
10        7. Previously had, within 3 years, such a license
11    denied, suspended, revoked, or cancelled under the
12    provisions of subsection (c)(2) of this Section;
13        8. Has committed in any calendar year 3 or more
14    violations, as determined in any civil or criminal
15    proceeding, of any one or more of the following Acts:
16            a. the "Consumer Finance Act";
17            b. the "Consumer Installment Loan Act";
18            c. the "Retail Installment Sales Act";
19            d. the "Motor Vehicle Retail Installment Sales
20        Act";
21            e. "An Act in relation to the rate of interest and
22        other charges in connection with sales on credit and
23        the lending of money", approved May 24, 1879, as
24        amended;
25            f. "An Act to promote the welfare of wage-earners
26        by regulating the assignment of wages, and prescribing

 

 

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1        a penalty for the violation thereof", approved July 1,
2        1935, as amended;
3            g. Part 8 of Article XII of the Code of Civil
4        Procedure; or
5            h. the "Consumer Fraud Act";
6        9. Failed to pay any fees or taxes due under this Act,
7    or has failed to transmit any fees or taxes received by him
8    for transmittal by him to the Secretary of State or the
9    State of Illinois;
10        10. Converted an abandoned vehicle;
11        11. Used a vehicle identification plate or number
12    assigned to a vehicle other than the one to which
13    originally assigned;
14        12. Violated the provisions of Chapter 5 of this Act,
15    as amended;
16        13. Violated the provisions of Chapter 4 of this Act,
17    as amended;
18        14. Violated the provisions of Chapter 3 of this Act,
19    as amended;
20        15. Violated Section 21-2 of the Criminal Code of 1961,
21    Criminal Trespass to Vehicles;
22        16. Made or concealed a material fact in connection
23    with his application for a license;
24        17. Acted in the capacity of a person licensed or acted
25    as a licensee under this Chapter without having a license
26    therefor;

 

 

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1        18. Failed to pay, within 90 days after a final
2    judgment, any fines assessed against the licensee pursuant
3    to an action brought under Section 5-404;
4        19. Failed to pay the Dealer Recovery Trust Fund fee
5    under Section 5-102.7 of this Code; .
6        20. Failed to pay, within 90 days after notice has been
7    given, any fine or fee owed as a result of an
8    administrative citation issued by the Secretary under this
9    Code.
10    (b) In addition to other grounds specified in this Chapter,
11the Secretary of State, on complaint of the Department of
12Revenue, shall refuse the issuance or renewal of a license, or
13suspend or revoke such license, for any of the following
14violations of the "Retailers' Occupation Tax Act":
15        1. Failure to make a tax return;
16        2. The filing of a fraudulent return;
17        3. Failure to pay all or part of any tax or penalty
18    finally determined to be due;
19        4. Failure to comply with the bonding requirements of
20    the "Retailers' Occupation Tax Act".
21    (b-1) In addition to other grounds specified in this
22Chapter, the Secretary of State, on complaint of the Motor
23Vehicle Review Board, shall refuse the issuance or renewal of a
24license, or suspend or revoke that license, if costs or fees
25assessed under Section 29 or Section 30 of the Motor Vehicle
26Franchise Act have remained unpaid for a period in excess of 90

 

 

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1days after the licensee received from the Motor Vehicle Board a
2second notice and demand for the costs or fees. The Motor
3Vehicle Review Board must send the licensee written notice and
4demand for payment of the fees or costs at least 2 times, and
5the second notice and demand must be sent by certified mail.
6    (c) Cancellation of a license.
7        1. The license of a person issued under this Chapter
8    may be cancelled by the Secretary of State prior to its
9    expiration in any of the following situations:
10            A. When a license is voluntarily surrendered, by
11        the licensed person; or
12            B. If the business enterprise is a sole
13        proprietorship, which is not a franchised dealership,
14        when the sole proprietor dies or is imprisoned for any
15        period of time exceeding 30 days; or
16            C. If the license was issued to the wrong person or
17        corporation, or contains an error on its face. If any
18        person above whose license has been cancelled wishes to
19        apply for another license, whether during the same
20        license year or any other year, that person shall be
21        treated as any other new applicant and the cancellation
22        of the person's prior license shall not, in and of
23        itself, be a bar to the issuance of a new license.
24        2. The license of a person issued under this Chapter
25    may be cancelled without a hearing when the Secretary of
26    State is notified that the applicant, or any officer,

 

 

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1    director, shareholder having a 10 per cent or greater
2    ownership interest in the corporation, owner, partner,
3    trustee, manager, employee or member of the applicant or
4    the licensee has been convicted of any felony involving the
5    selling, bartering, exchanging, offering for sale, or
6    otherwise dealing in vehicles, chassis, essential parts,
7    vehicle shells, or ownership documents relating to any of
8    the above items.
9(Source: P.A. 97-480, eff. 10-1-11.)
 
10    (625 ILCS 5/5-801)  (from Ch. 95 1/2, par. 5-801)
11    Sec. 5-801. Criminal penalties Penalties. Any person who
12violates any of the provisions of this Chapter, except a person
13who violates a provision for which a different criminal penalty
14is indicated, shall be guilty of a Class A misdemeanor. Any
15person who violates any provisions of Section 5-701 shall be
16guilty of a Class 3 felony.
17(Source: P.A. 95-51, eff. 1-1-08.)
 
18    (625 ILCS 5/5-803 new)
19    Sec. 5-803. Administrative penalties. Instead of filing a
20criminal complaint against a new or used vehicle dealer, or
21against any other entity licensed by the Secretary under this
22Code, a Secretary of State Police investigator may issue
23administrative citations for violations of any of the
24provisions of this Chapter or any administrative rule adopted

 

 

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1by the Secretary under this Chapter. A party receiving a
2citation shall have the right to contest the citation in
3proceedings before the Secretary of State Department of
4Administrative Hearings. Penalties imposed by issuance of an
5administrative citation shall not exceed $50 per violation. A
6penalty may not be imposed unless, during the course of a
7single investigation or upon review of the party's records, the
8party is found to have committed at least 3 separate violations
9of one or more of the provisions of this Code or any
10administrative rule adopted by the Secretary under this Code.
11Penalties paid as a result of the issuance of administrative
12citations shall be deposited in the Secretary of State Police
13Services Fund.
 
14    (625 ILCS 5/6-205)
15    Sec. 6-205. Mandatory revocation of license or permit;
16Hardship cases.
17    (a) Except as provided in this Section, the Secretary of
18State shall immediately revoke the license, permit, or driving
19privileges of any driver upon receiving a report of the
20driver's conviction of any of the following offenses:
21        1. Reckless homicide resulting from the operation of a
22    motor vehicle;
23        2. Violation of Section 11-501 of this Code or a
24    similar provision of a local ordinance relating to the
25    offense of operating or being in physical control of a

 

 

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1    vehicle while under the influence of alcohol, other drug or
2    drugs, intoxicating compound or compounds, or any
3    combination thereof;
4        3. Any felony under the laws of any State or the
5    federal government in the commission of which a motor
6    vehicle was used;
7        4. Violation of Section 11-401 of this Code relating to
8    the offense of leaving the scene of a traffic accident
9    involving death or personal injury;
10        5. Perjury or the making of a false affidavit or
11    statement under oath to the Secretary of State under this
12    Code or under any other law relating to the ownership or
13    operation of motor vehicles;
14        6. Conviction upon 3 charges of violation of Section
15    11-503 of this Code relating to the offense of reckless
16    driving committed within a period of 12 months;
17        7. Conviction of any offense defined in Section 4-102
18    of this Code;
19        8. Violation of Section 11-504 of this Code relating to
20    the offense of drag racing;
21        9. Violation of Chapters 8 and 9 of this Code;
22        10. Violation of Section 12-5 of the Criminal Code of
23    1961 arising from the use of a motor vehicle;
24        11. Violation of Section 11-204.1 of this Code relating
25    to aggravated fleeing or attempting to elude a peace
26    officer;

 

 

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1        12. Violation of paragraph (1) of subsection (b) of
2    Section 6-507, or a similar law of any other state,
3    relating to the unlawful operation of a commercial motor
4    vehicle;
5        13. Violation of paragraph (a) of Section 11-502 of
6    this Code or a similar provision of a local ordinance if
7    the driver has been previously convicted of a violation of
8    that Section or a similar provision of a local ordinance
9    and the driver was less than 21 years of age at the time of
10    the offense;
11        14. Violation of paragraph (a) of Section 11-506 of
12    this Code or a similar provision of a local ordinance
13    relating to the offense of street racing;
14        15. A second or subsequent conviction of driving while
15    the person's driver's license, permit or privileges was
16    revoked for reckless homicide or a similar out-of-state
17    offense;
18        16. Any offense against any provision in this Code, or
19    any local ordinance, regulating the movement of traffic
20    when that offense was the proximate cause of the death of
21    any person. Any person whose driving privileges have been
22    revoked pursuant to this paragraph may seek to have the
23    revocation terminated or to have the length of revocation
24    reduced by requesting an administrative hearing with the
25    Secretary of State prior to the projected driver's license
26    application eligibility date; .

 

 

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1        17. A second or subsequent conviction of illegal
2    possession, while operating or in actual physical control,
3    as a driver, of a motor vehicle, of any controlled
4    substance prohibited under the Illinois Controlled
5    Substances Act, any cannabis prohibited under the Cannabis
6    Control Act, or any methamphetamine prohibited under the
7    Methamphetamine Control and Community Protection Act. A
8    defendant found guilty of this offense while operating a
9    motor vehicle shall have an entry made in the court record
10    by the presiding judge that this offense did occur while
11    the defendant was operating a motor vehicle and order the
12    clerk of the court to report the violation to the Secretary
13    of State.
14    (b) The Secretary of State shall also immediately revoke
15the license or permit of any driver in the following
16situations:
17        1. Of any minor upon receiving the notice provided for
18    in Section 5-901 of the Juvenile Court Act of 1987 that the
19    minor has been adjudicated under that Act as having
20    committed an offense relating to motor vehicles prescribed
21    in Section 4-103 of this Code;
22        2. Of any person when any other law of this State
23    requires either the revocation or suspension of a license
24    or permit;
25        3. Of any person adjudicated under the Juvenile Court
26    Act of 1987 based on an offense determined to have been

 

 

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1    committed in furtherance of the criminal activities of an
2    organized gang as provided in Section 5-710 of that Act,
3    and that involved the operation or use of a motor vehicle
4    or the use of a driver's license or permit. The revocation
5    shall remain in effect for the period determined by the
6    court. Upon the direction of the court, the Secretary shall
7    issue the person a judicial driving permit, also known as a
8    JDP. The JDP shall be subject to the same terms as a JDP
9    issued under Section 6-206.1, except that the court may
10    direct that a JDP issued under this subdivision (b)(3) be
11    effective immediately.
12    (c)(1) Whenever a person is convicted of any of the
13offenses enumerated in this Section, the court may recommend
14and the Secretary of State in his discretion, without regard to
15whether the recommendation is made by the court may, upon
16application, issue to the person a restricted driving permit
17granting the privilege of driving a motor vehicle between the
18petitioner's residence and petitioner's place of employment or
19within the scope of the petitioner's employment related duties,
20or to allow the petitioner to transport himself or herself or a
21family member of the petitioner's household to a medical
22facility for the receipt of necessary medical care or to allow
23the petitioner to transport himself or herself to and from
24alcohol or drug remedial or rehabilitative activity
25recommended by a licensed service provider, or to allow the
26petitioner to transport himself or herself or a family member

 

 

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1of the petitioner's household to classes, as a student, at an
2accredited educational institution, or to allow the petitioner
3to transport children, elderly persons, or disabled persons who
4do not hold driving privileges and are living in the
5petitioner's household to and from daycare; if the petitioner
6is able to demonstrate that no alternative means of
7transportation is reasonably available and that the petitioner
8will not endanger the public safety or welfare; provided that
9the Secretary's discretion shall be limited to cases where
10undue hardship, as defined by the rules of the Secretary of
11State, would result from a failure to issue the restricted
12driving permit. Those multiple offenders identified in
13subdivision (b)4 of Section 6-208 of this Code, however, shall
14not be eligible for the issuance of a restricted driving
15permit.
16        (2) If a person's license or permit is revoked or
17    suspended due to 2 or more convictions of violating Section
18    11-501 of this Code or a similar provision of a local
19    ordinance or a similar out-of-state offense, or Section 9-3
20    of the Criminal Code of 1961, where the use of alcohol or
21    other drugs is recited as an element of the offense, or a
22    similar out-of-state offense, or a combination of these
23    offenses, arising out of separate occurrences, that
24    person, if issued a restricted driving permit, may not
25    operate a vehicle unless it has been equipped with an
26    ignition interlock device as defined in Section 1-129.1.

 

 

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1        (3) If:
2            (A) a person's license or permit is revoked or
3        suspended 2 or more times within a 10 year period due
4        to any combination of:
5                (i) a single conviction of violating Section
6            11-501 of this Code or a similar provision of a
7            local ordinance or a similar out-of-state offense,
8            or Section 9-3 of the Criminal Code of 1961, where
9            the use of alcohol or other drugs is recited as an
10            element of the offense, or a similar out-of-state
11            offense; or
12                (ii) a statutory summary suspension or
13            revocation under Section 11-501.1; or
14                (iii) a suspension pursuant to Section
15            6-203.1;
16        arising out of separate occurrences; or
17            (B) a person has been convicted of one violation of
18        Section 6-303 of this Code committed while his or her
19        driver's license, permit, or privilege was revoked
20        because of a violation of Section 9-3 of the Criminal
21        Code of 1961, relating to the offense of reckless
22        homicide where the use of alcohol or other drugs was
23        recited as an element of the offense, or a similar
24        provision of a law of another state;
25    that person, if issued a restricted driving permit, may not
26    operate a vehicle unless it has been equipped with an

 

 

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1    ignition interlock device as defined in Section 1-129.1.
2        (4) The person issued a permit conditioned on the use
3    of an ignition interlock device must pay to the Secretary
4    of State DUI Administration Fund an amount not to exceed
5    $30 per month. The Secretary shall establish by rule the
6    amount and the procedures, terms, and conditions relating
7    to these fees.
8        (5) If the restricted driving permit is issued for
9    employment purposes, then the prohibition against
10    operating a motor vehicle that is not equipped with an
11    ignition interlock device does not apply to the operation
12    of an occupational vehicle owned or leased by that person's
13    employer when used solely for employment purposes.
14        (6) In each case the Secretary of State may issue a
15    restricted driving permit for a period he deems
16    appropriate, except that the permit shall expire within one
17    year from the date of issuance. The Secretary may not,
18    however, issue a restricted driving permit to any person
19    whose current revocation is the result of a second or
20    subsequent conviction for a violation of Section 11-501 of
21    this Code or a similar provision of a local ordinance or
22    any similar out-of-state offense, or Section 9-3 of the
23    Criminal Code of 1961, where the use of alcohol or other
24    drugs is recited as an element of the offense, or any
25    similar out-of-state offense, or any combination of these
26    offenses, until the expiration of at least one year from

 

 

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1    the date of the revocation. A restricted driving permit
2    issued under this Section shall be subject to cancellation,
3    revocation, and suspension by the Secretary of State in
4    like manner and for like cause as a driver's license issued
5    under this Code may be cancelled, revoked, or suspended;
6    except that a conviction upon one or more offenses against
7    laws or ordinances regulating the movement of traffic shall
8    be deemed sufficient cause for the revocation, suspension,
9    or cancellation of a restricted driving permit. The
10    Secretary of State may, as a condition to the issuance of a
11    restricted driving permit, require the petitioner to
12    participate in a designated driver remedial or
13    rehabilitative program. The Secretary of State is
14    authorized to cancel a restricted driving permit if the
15    permit holder does not successfully complete the program.
16    However, if an individual's driving privileges have been
17    revoked in accordance with paragraph 13 of subsection (a)
18    of this Section, no restricted driving permit shall be
19    issued until the individual has served 6 months of the
20    revocation period.
21    (c-5) (Blank).
22    (c-6) If a person is convicted of a second violation of
23operating a motor vehicle while the person's driver's license,
24permit or privilege was revoked, where the revocation was for a
25violation of Section 9-3 of the Criminal Code of 1961 relating
26to the offense of reckless homicide or a similar out-of-state

 

 

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1offense, the person's driving privileges shall be revoked
2pursuant to subdivision (a)(15) of this Section. The person may
3not make application for a license or permit until the
4expiration of five years from the effective date of the
5revocation or the expiration of five years from the date of
6release from a term of imprisonment, whichever is later.
7    (c-7) If a person is convicted of a third or subsequent
8violation of operating a motor vehicle while the person's
9driver's license, permit or privilege was revoked, where the
10revocation was for a violation of Section 9-3 of the Criminal
11Code of 1961 relating to the offense of reckless homicide or a
12similar out-of-state offense, the person may never apply for a
13license or permit.
14    (d)(1) Whenever a person under the age of 21 is convicted
15under Section 11-501 of this Code or a similar provision of a
16local ordinance or a similar out-of-state offense, the
17Secretary of State shall revoke the driving privileges of that
18person. One year after the date of revocation, and upon
19application, the Secretary of State may, if satisfied that the
20person applying will not endanger the public safety or welfare,
21issue a restricted driving permit granting the privilege of
22driving a motor vehicle only between the hours of 5 a.m. and 9
23p.m. or as otherwise provided by this Section for a period of
24one year. After this one year period, and upon reapplication
25for a license as provided in Section 6-106, upon payment of the
26appropriate reinstatement fee provided under paragraph (b) of

 

 

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1Section 6-118, the Secretary of State, in his discretion, may
2reinstate the petitioner's driver's license and driving
3privileges, or extend the restricted driving permit as many
4times as the Secretary of State deems appropriate, by
5additional periods of not more than 12 months each.
6        (2) If a person's license or permit is revoked or
7    suspended due to 2 or more convictions of violating Section
8    11-501 of this Code or a similar provision of a local
9    ordinance or a similar out-of-state offense, or Section 9-3
10    of the Criminal Code of 1961, where the use of alcohol or
11    other drugs is recited as an element of the offense, or a
12    similar out-of-state offense, or a combination of these
13    offenses, arising out of separate occurrences, that
14    person, if issued a restricted driving permit, may not
15    operate a vehicle unless it has been equipped with an
16    ignition interlock device as defined in Section 1-129.1.
17        (3) If a person's license or permit is revoked or
18    suspended 2 or more times within a 10 year period due to
19    any combination of:
20            (A) a single conviction of violating Section
21        11-501 of this Code or a similar provision of a local
22        ordinance or a similar out-of-state offense, or
23        Section 9-3 of the Criminal Code of 1961, where the use
24        of alcohol or other drugs is recited as an element of
25        the offense, or a similar out-of-state offense; or
26            (B) a statutory summary suspension or revocation

 

 

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1        under Section 11-501.1; or
2            (C) a suspension pursuant to Section 6-203.1;
3    arising out of separate occurrences, that person, if issued
4    a restricted driving permit, may not operate a vehicle
5    unless it has been equipped with an ignition interlock
6    device as defined in Section 1-129.1.
7        (4) The person issued a permit conditioned upon the use
8    of an interlock device must pay to the Secretary of State
9    DUI Administration Fund an amount not to exceed $30 per
10    month. The Secretary shall establish by rule the amount and
11    the procedures, terms, and conditions relating to these
12    fees.
13        (5) If the restricted driving permit is issued for
14    employment purposes, then the prohibition against driving
15    a vehicle that is not equipped with an ignition interlock
16    device does not apply to the operation of an occupational
17    vehicle owned or leased by that person's employer when used
18    solely for employment purposes.
19        (6) A restricted driving permit issued under this
20    Section shall be subject to cancellation, revocation, and
21    suspension by the Secretary of State in like manner and for
22    like cause as a driver's license issued under this Code may
23    be cancelled, revoked, or suspended; except that a
24    conviction upon one or more offenses against laws or
25    ordinances regulating the movement of traffic shall be
26    deemed sufficient cause for the revocation, suspension, or

 

 

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1    cancellation of a restricted driving permit.
2    (d-5) The revocation of the license, permit, or driving
3privileges of a person convicted of a third or subsequent
4violation of Section 6-303 of this Code committed while his or
5her driver's license, permit, or privilege was revoked because
6of a violation of Section 9-3 of the Criminal Code of 1961,
7relating to the offense of reckless homicide, or a similar
8provision of a law of another state, is permanent. The
9Secretary may not, at any time, issue a license or permit to
10that person.
11    (e) This Section is subject to the provisions of the Driver
12License Compact.
13    (f) Any revocation imposed upon any person under
14subsections 2 and 3 of paragraph (b) that is in effect on
15December 31, 1988 shall be converted to a suspension for a like
16period of time.
17    (g) The Secretary of State shall not issue a restricted
18driving permit to a person under the age of 16 years whose
19driving privileges have been revoked under any provisions of
20this Code.
21    (h) The Secretary of State shall require the use of
22ignition interlock devices on all vehicles owned by a person
23who has been convicted of a second or subsequent offense under
24Section 11-501 of this Code or a similar provision of a local
25ordinance. The person must pay to the Secretary of State DUI
26Administration Fund an amount not to exceed $30 for each month

 

 

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1that he or she uses the device. The Secretary shall establish
2by rule and regulation the procedures for certification and use
3of the interlock system, the amount of the fee, and the
4procedures, terms, and conditions relating to these fees.
5    (i) (Blank).
6    (j) In accordance with 49 C.F.R. 384, the Secretary of
7State may not issue a restricted driving permit for the
8operation of a commercial motor vehicle to a person holding a
9CDL whose driving privileges have been revoked, suspended,
10cancelled, or disqualified under any provisions of this Code.
11(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1296-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
137-1-11; 97-333, eff. 8-12-11.)
 
14    (625 ILCS 5/6-206)
15    Sec. 6-206. Discretionary authority to suspend or revoke
16license or permit; Right to a hearing.
17    (a) The Secretary of State is authorized to suspend or
18revoke the driving privileges of any person without preliminary
19hearing upon a showing of the person's records or other
20sufficient evidence that the person:
21        1. Has committed an offense for which mandatory
22    revocation of a driver's license or permit is required upon
23    conviction;
24        2. Has been convicted of not less than 3 offenses
25    against traffic regulations governing the movement of

 

 

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1    vehicles committed within any 12 month period. No
2    revocation or suspension shall be entered more than 6
3    months after the date of last conviction;
4        3. Has been repeatedly involved as a driver in motor
5    vehicle collisions or has been repeatedly convicted of
6    offenses against laws and ordinances regulating the
7    movement of traffic, to a degree that indicates lack of
8    ability to exercise ordinary and reasonable care in the
9    safe operation of a motor vehicle or disrespect for the
10    traffic laws and the safety of other persons upon the
11    highway;
12        4. Has by the unlawful operation of a motor vehicle
13    caused or contributed to an accident resulting in injury
14    requiring immediate professional treatment in a medical
15    facility or doctor's office to any person, except that any
16    suspension or revocation imposed by the Secretary of State
17    under the provisions of this subsection shall start no
18    later than 6 months after being convicted of violating a
19    law or ordinance regulating the movement of traffic, which
20    violation is related to the accident, or shall start not
21    more than one year after the date of the accident,
22    whichever date occurs later;
23        5. Has permitted an unlawful or fraudulent use of a
24    driver's license, identification card, or permit;
25        6. Has been lawfully convicted of an offense or
26    offenses in another state, including the authorization

 

 

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1    contained in Section 6-203.1, which if committed within
2    this State would be grounds for suspension or revocation;
3        7. Has refused or failed to submit to an examination
4    provided for by Section 6-207 or has failed to pass the
5    examination;
6        8. Is ineligible for a driver's license or permit under
7    the provisions of Section 6-103;
8        9. Has made a false statement or knowingly concealed a
9    material fact or has used false information or
10    identification in any application for a license,
11    identification card, or permit;
12        10. Has possessed, displayed, or attempted to
13    fraudulently use any license, identification card, or
14    permit not issued to the person;
15        11. Has operated a motor vehicle upon a highway of this
16    State when the person's driving privilege or privilege to
17    obtain a driver's license or permit was revoked or
18    suspended unless the operation was authorized by a
19    monitoring device driving permit, judicial driving permit
20    issued prior to January 1, 2009, probationary license to
21    drive, or a restricted driving permit issued under this
22    Code;
23        12. Has submitted to any portion of the application
24    process for another person or has obtained the services of
25    another person to submit to any portion of the application
26    process for the purpose of obtaining a license,

 

 

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1    identification card, or permit for some other person;
2        13. Has operated a motor vehicle upon a highway of this
3    State when the person's driver's license or permit was
4    invalid under the provisions of Sections 6-107.1 and 6-110;
5        14. Has committed a violation of Section 6-301,
6    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
7    of the Illinois Identification Card Act;
8        15. Has been convicted of violating Section 21-2 of the
9    Criminal Code of 1961 relating to criminal trespass to
10    vehicles in which case, the suspension shall be for one
11    year;
12        16. Has been convicted of violating Section 11-204 of
13    this Code relating to fleeing from a peace officer;
14        17. Has refused to submit to a test, or tests, as
15    required under Section 11-501.1 of this Code and the person
16    has not sought a hearing as provided for in Section
17    11-501.1;
18        18. Has, since issuance of a driver's license or
19    permit, been adjudged to be afflicted with or suffering
20    from any mental disability or disease;
21        19. Has committed a violation of paragraph (a) or (b)
22    of Section 6-101 relating to driving without a driver's
23    license;
24        20. Has been convicted of violating Section 6-104
25    relating to classification of driver's license;
26        21. Has been convicted of violating Section 11-402 of

 

 

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1    this Code relating to leaving the scene of an accident
2    resulting in damage to a vehicle in excess of $1,000, in
3    which case the suspension shall be for one year;
4        22. Has used a motor vehicle in violating paragraph
5    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
6    the Criminal Code of 1961 relating to unlawful use of
7    weapons, in which case the suspension shall be for one
8    year;
9        23. Has, as a driver, been convicted of committing a
10    violation of paragraph (a) of Section 11-502 of this Code
11    for a second or subsequent time within one year of a
12    similar violation;
13        24. Has been convicted by a court-martial or punished
14    by non-judicial punishment by military authorities of the
15    United States at a military installation in Illinois of or
16    for a traffic related offense that is the same as or
17    similar to an offense specified under Section 6-205 or
18    6-206 of this Code;
19        25. Has permitted any form of identification to be used
20    by another in the application process in order to obtain or
21    attempt to obtain a license, identification card, or
22    permit;
23        26. Has altered or attempted to alter a license or has
24    possessed an altered license, identification card, or
25    permit;
26        27. Has violated Section 6-16 of the Liquor Control Act

 

 

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1    of 1934;
2        28. Has been convicted for a first time of the illegal
3    possession, while operating or in actual physical control,
4    as a driver, of a motor vehicle, of any controlled
5    substance prohibited under the Illinois Controlled
6    Substances Act, any cannabis prohibited under the Cannabis
7    Control Act, or any methamphetamine prohibited under the
8    Methamphetamine Control and Community Protection Act, in
9    which case the person's driving privileges shall be
10    suspended for one year, and any driver who is convicted of
11    a second or subsequent offense, within 5 years of a
12    previous conviction, for the illegal possession, while
13    operating or in actual physical control, as a driver, of a
14    motor vehicle, of any controlled substance prohibited
15    under the Illinois Controlled Substances Act, any cannabis
16    prohibited under the Cannabis Control Act, or any
17    methamphetamine prohibited under the Methamphetamine
18    Control and Community Protection Act shall be suspended for
19    5 years. Any defendant found guilty of this offense while
20    operating a motor vehicle, shall have an entry made in the
21    court record by the presiding judge that this offense did
22    occur while the defendant was operating a motor vehicle and
23    order the clerk of the court to report the violation to the
24    Secretary of State;
25        29. Has been convicted of the following offenses that
26    were committed while the person was operating or in actual

 

 

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1    physical control, as a driver, of a motor vehicle: criminal
2    sexual assault, predatory criminal sexual assault of a
3    child, aggravated criminal sexual assault, criminal sexual
4    abuse, aggravated criminal sexual abuse, juvenile pimping,
5    soliciting for a juvenile prostitute, promoting juvenile
6    prostitution as described in subdivision (a)(1), (a)(2),
7    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
8    and the manufacture, sale or delivery of controlled
9    substances or instruments used for illegal drug use or
10    abuse in which case the driver's driving privileges shall
11    be suspended for one year;
12        30. Has been convicted a second or subsequent time for
13    any combination of the offenses named in paragraph 29 of
14    this subsection, in which case the person's driving
15    privileges shall be suspended for 5 years;
16        31. Has refused to submit to a test as required by
17    Section 11-501.6 or has submitted to a test resulting in an
18    alcohol concentration of 0.08 or more or any amount of a
19    drug, substance, or compound resulting from the unlawful
20    use or consumption of cannabis as listed in the Cannabis
21    Control Act, a controlled substance as listed in the
22    Illinois Controlled Substances Act, an intoxicating
23    compound as listed in the Use of Intoxicating Compounds
24    Act, or methamphetamine as listed in the Methamphetamine
25    Control and Community Protection Act, in which case the
26    penalty shall be as prescribed in Section 6-208.1;

 

 

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1        32. Has been convicted of Section 24-1.2 of the
2    Criminal Code of 1961 relating to the aggravated discharge
3    of a firearm if the offender was located in a motor vehicle
4    at the time the firearm was discharged, in which case the
5    suspension shall be for 3 years;
6        33. Has as a driver, who was less than 21 years of age
7    on the date of the offense, been convicted a first time of
8    a violation of paragraph (a) of Section 11-502 of this Code
9    or a similar provision of a local ordinance;
10        34. Has committed a violation of Section 11-1301.5 of
11    this Code;
12        35. Has committed a violation of Section 11-1301.6 of
13    this Code;
14        36. Is under the age of 21 years at the time of arrest
15    and has been convicted of not less than 2 offenses against
16    traffic regulations governing the movement of vehicles
17    committed within any 24 month period. No revocation or
18    suspension shall be entered more than 6 months after the
19    date of last conviction;
20        37. Has committed a violation of subsection (c) of
21    Section 11-907 of this Code that resulted in damage to the
22    property of another or the death or injury of another;
23        38. Has been convicted of a violation of Section 6-20
24    of the Liquor Control Act of 1934 or a similar provision of
25    a local ordinance;
26        39. Has committed a second or subsequent violation of

 

 

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1    Section 11-1201 of this Code;
2        40. Has committed a violation of subsection (a-1) of
3    Section 11-908 of this Code;
4        41. Has committed a second or subsequent violation of
5    Section 11-605.1 of this Code, a similar provision of a
6    local ordinance, or a similar violation in any other state
7    within 2 years of the date of the previous violation, in
8    which case the suspension shall be for 90 days;
9        42. Has committed a violation of subsection (a-1) of
10    Section 11-1301.3 of this Code;
11        43. Has received a disposition of court supervision for
12    a violation of subsection (a), (d), or (e) of Section 6-20
13    of the Liquor Control Act of 1934 or a similar provision of
14    a local ordinance, in which case the suspension shall be
15    for a period of 3 months;
16        44. Is under the age of 21 years at the time of arrest
17    and has been convicted of an offense against traffic
18    regulations governing the movement of vehicles after
19    having previously had his or her driving privileges
20    suspended or revoked pursuant to subparagraph 36 of this
21    Section; or
22        45. Has, in connection with or during the course of a
23    formal hearing conducted under Section 2-118 of this Code:
24    (i) committed perjury; (ii) submitted fraudulent or
25    falsified documents; (iii) submitted documents that have
26    been materially altered; or (iv) submitted, as his or her

 

 

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1    own, documents that were in fact prepared or composed for
2    another person.
3    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
4and 27 of this subsection, license means any driver's license,
5any traffic ticket issued when the person's driver's license is
6deposited in lieu of bail, a suspension notice issued by the
7Secretary of State, a duplicate or corrected driver's license,
8a probationary driver's license or a temporary driver's
9license.
10    (b) If any conviction forming the basis of a suspension or
11revocation authorized under this Section is appealed, the
12Secretary of State may rescind or withhold the entry of the
13order of suspension or revocation, as the case may be, provided
14that a certified copy of a stay order of a court is filed with
15the Secretary of State. If the conviction is affirmed on
16appeal, the date of the conviction shall relate back to the
17time the original judgment of conviction was entered and the 6
18month limitation prescribed shall not apply.
19    (c) 1. Upon suspending or revoking the driver's license or
20permit of any person as authorized in this Section, the
21Secretary of State shall immediately notify the person in
22writing of the revocation or suspension. The notice to be
23deposited in the United States mail, postage prepaid, to the
24last known address of the person.
25        2. If the Secretary of State suspends the driver's
26    license of a person under subsection 2 of paragraph (a) of

 

 

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1    this Section, a person's privilege to operate a vehicle as
2    an occupation shall not be suspended, provided an affidavit
3    is properly completed, the appropriate fee received, and a
4    permit issued prior to the effective date of the
5    suspension, unless 5 offenses were committed, at least 2 of
6    which occurred while operating a commercial vehicle in
7    connection with the driver's regular occupation. All other
8    driving privileges shall be suspended by the Secretary of
9    State. Any driver prior to operating a vehicle for
10    occupational purposes only must submit the affidavit on
11    forms to be provided by the Secretary of State setting
12    forth the facts of the person's occupation. The affidavit
13    shall also state the number of offenses committed while
14    operating a vehicle in connection with the driver's regular
15    occupation. The affidavit shall be accompanied by the
16    driver's license. Upon receipt of a properly completed
17    affidavit, the Secretary of State shall issue the driver a
18    permit to operate a vehicle in connection with the driver's
19    regular occupation only. Unless the permit is issued by the
20    Secretary of State prior to the date of suspension, the
21    privilege to drive any motor vehicle shall be suspended as
22    set forth in the notice that was mailed under this Section.
23    If an affidavit is received subsequent to the effective
24    date of this suspension, a permit may be issued for the
25    remainder of the suspension period.
26        The provisions of this subparagraph shall not apply to

 

 

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1    any driver required to possess a CDL for the purpose of
2    operating a commercial motor vehicle.
3        Any person who falsely states any fact in the affidavit
4    required herein shall be guilty of perjury under Section
5    6-302 and upon conviction thereof shall have all driving
6    privileges revoked without further rights.
7        3. At the conclusion of a hearing under Section 2-118
8    of this Code, the Secretary of State shall either rescind
9    or continue an order of revocation or shall substitute an
10    order of suspension; or, good cause appearing therefor,
11    rescind, continue, change, or extend the order of
12    suspension. If the Secretary of State does not rescind the
13    order, the Secretary may upon application, to relieve undue
14    hardship (as defined by the rules of the Secretary of
15    State), issue a restricted driving permit granting the
16    privilege of driving a motor vehicle between the
17    petitioner's residence and petitioner's place of
18    employment or within the scope of the petitioner's
19    employment related duties, or to allow the petitioner to
20    transport himself or herself, or a family member of the
21    petitioner's household to a medical facility, to receive
22    necessary medical care, to allow the petitioner to
23    transport himself or herself to and from alcohol or drug
24    remedial or rehabilitative activity recommended by a
25    licensed service provider, or to allow the petitioner to
26    transport himself or herself or a family member of the

 

 

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1    petitioner's household to classes, as a student, at an
2    accredited educational institution, or to allow the
3    petitioner to transport children, elderly persons, or
4    disabled persons who do not hold driving privileges and are
5    living in the petitioner's household to and from daycare.
6    The petitioner must demonstrate that no alternative means
7    of transportation is reasonably available and that the
8    petitioner will not endanger the public safety or welfare.
9    Those multiple offenders identified in subdivision (b)4 of
10    Section 6-208 of this Code, however, shall not be eligible
11    for the issuance of a restricted driving permit.
12             (A) If a person's license or permit is revoked or
13        suspended due to 2 or more convictions of violating
14        Section 11-501 of this Code or a similar provision of a
15        local ordinance or a similar out-of-state offense, or
16        Section 9-3 of the Criminal Code of 1961, where the use
17        of alcohol or other drugs is recited as an element of
18        the offense, or a similar out-of-state offense, or a
19        combination of these offenses, arising out of separate
20        occurrences, that person, if issued a restricted
21        driving permit, may not operate a vehicle unless it has
22        been equipped with an ignition interlock device as
23        defined in Section 1-129.1.
24            (B) If a person's license or permit is revoked or
25        suspended 2 or more times within a 10 year period due
26        to any combination of:

 

 

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1                (i) a single conviction of violating Section
2            11-501 of this Code or a similar provision of a
3            local ordinance or a similar out-of-state offense
4            or Section 9-3 of the Criminal Code of 1961, where
5            the use of alcohol or other drugs is recited as an
6            element of the offense, or a similar out-of-state
7            offense; or
8                (ii) a statutory summary suspension or
9            revocation under Section 11-501.1; or
10                (iii) a suspension under Section 6-203.1;
11        arising out of separate occurrences; that person, if
12        issued a restricted driving permit, may not operate a
13        vehicle unless it has been equipped with an ignition
14        interlock device as defined in Section 1-129.1.
15            (C) The person issued a permit conditioned upon the
16        use of an ignition interlock device must pay to the
17        Secretary of State DUI Administration Fund an amount
18        not to exceed $30 per month. The Secretary shall
19        establish by rule the amount and the procedures, terms,
20        and conditions relating to these fees.
21            (D) If the restricted driving permit is issued for
22        employment purposes, then the prohibition against
23        operating a motor vehicle that is not equipped with an
24        ignition interlock device does not apply to the
25        operation of an occupational vehicle owned or leased by
26        that person's employer when used solely for employment

 

 

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1        purposes.
2            (E) In each case the Secretary may issue a
3        restricted driving permit for a period deemed
4        appropriate, except that all permits shall expire
5        within one year from the date of issuance. The
6        Secretary may not, however, issue a restricted driving
7        permit to any person whose current revocation is the
8        result of a second or subsequent conviction for a
9        violation of Section 11-501 of this Code or a similar
10        provision of a local ordinance or any similar
11        out-of-state offense, or Section 9-3 of the Criminal
12        Code of 1961, where the use of alcohol or other drugs
13        is recited as an element of the offense, or any similar
14        out-of-state offense, or any combination of those
15        offenses, until the expiration of at least one year
16        from the date of the revocation. A restricted driving
17        permit issued under this Section shall be subject to
18        cancellation, revocation, and suspension by the
19        Secretary of State in like manner and for like cause as
20        a driver's license issued under this Code may be
21        cancelled, revoked, or suspended; except that a
22        conviction upon one or more offenses against laws or
23        ordinances regulating the movement of traffic shall be
24        deemed sufficient cause for the revocation,
25        suspension, or cancellation of a restricted driving
26        permit. The Secretary of State may, as a condition to

 

 

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1        the issuance of a restricted driving permit, require
2        the applicant to participate in a designated driver
3        remedial or rehabilitative program. The Secretary of
4        State is authorized to cancel a restricted driving
5        permit if the permit holder does not successfully
6        complete the program.
7    (c-3) In the case of a suspension under paragraph 43 of
8subsection (a), reports received by the Secretary of State
9under this Section shall, except during the actual time the
10suspension is in effect, be privileged information and for use
11only by the courts, police officers, prosecuting authorities,
12the driver licensing administrator of any other state, the
13Secretary of State, or the parent or legal guardian of a driver
14under the age of 18. However, beginning January 1, 2008, if the
15person is a CDL holder, the suspension shall also be made
16available to the driver licensing administrator of any other
17state, the U.S. Department of Transportation, and the affected
18driver or motor carrier or prospective motor carrier upon
19request.
20    (c-4) In the case of a suspension under paragraph 43 of
21subsection (a), the Secretary of State shall notify the person
22by mail that his or her driving privileges and driver's license
23will be suspended one month after the date of the mailing of
24the notice.
25    (c-5) The Secretary of State may, as a condition of the
26reissuance of a driver's license or permit to an applicant

 

 

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1whose driver's license or permit has been suspended before he
2or she reached the age of 21 years pursuant to any of the
3provisions of this Section, require the applicant to
4participate in a driver remedial education course and be
5retested under Section 6-109 of this Code.
6    (d) This Section is subject to the provisions of the
7Drivers License Compact.
8    (e) The Secretary of State shall not issue a restricted
9driving permit to a person under the age of 16 years whose
10driving privileges have been suspended or revoked under any
11provisions of this Code.
12    (f) In accordance with 49 C.F.R. 384, the Secretary of
13State may not issue a restricted driving permit for the
14operation of a commercial motor vehicle to a person holding a
15CDL whose driving privileges have been suspended, revoked,
16cancelled, or disqualified under any provisions of this Code.
17(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1896-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
197-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
20eff. 8-12-11; revised 9-15-11.)
 
21    Section 99. Effective date. This Section and Secs. 3-100.2,
223-821, 5-501, 5-801, and 5-803 of Section 5 of this Act take
23effect upon becoming law.