98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4386

 

Introduced , by Rep. Lawrence M. Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-500  from Ch. 95 1/2, par. 6-500
625 ILCS 5/6-506  from Ch. 95 1/2, par. 6-506
625 ILCS 5/6-514  from Ch. 95 1/2, par. 6-514
625 ILCS 5/6-518  from Ch. 95 1/2, par. 6-518
P.A. 98-176, Sec. 99

    Amends the Illinois Vehicle Code. Provides that the definition of "medical examiner" shall be changed to mean an individual certified by the Federal Motor Carrier Safety Administration and listed on the National Registry of Certified Medical Examiners in accordance with Federal Motor Carrier Safety Regulations. Defines "foreign commercial driver" as a person licensed to operate a commercial motor vehicle by an authority outside the United States, or a citizen of a foreign country that operates a commercial motor vehicle in the United States. Expands the definition of "imminent hazard" to include any condition of a vehicle, employee, or commercial motor vehicle operations that substantially increases the likelihood of serious injury or death. Provides that an employer or commercial motor vehicle owner shall not allow or require an employee to drive a commercial motor vehicle if he or she knows or should reasonably know (rather than just knowingly) that the employee has (1) had their license suspended, revoked, or cancelled by any state; (2) has lost the privilege to operate a commercial motor vehicle in any state; (3) has been disqualified from driving a commercial motor vehicle; (4) has more than one driver's license except as provided by the Uniform Commercial Driver's License Act; or (5) is subject to or in violation of an "out-of-service" order. Provides that foreign commercial drivers are subject to disqualification. Provides that the Secretary of State shall report convictions of traffic violations by a foreign driver's license holder to that driver's licensing authority. Provides that Public Act 98-176 shall not take effect until July 8, 2015 (rather than July 1, 2014). Effective immediately.


LRB098 16892 MLW 51967 b

 

 

A BILL FOR

 

HB4386LRB098 16892 MLW 51967 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 6-500, 6-506, 6-514, and 6-518 as follows:
 
6    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
7    (Text of Section before amendment by P.A. 98-176)
8    Sec. 6-500. Definitions of words and phrases.
9Notwithstanding the definitions set forth elsewhere in this
10Code, for purposes of the Uniform Commercial Driver's License
11Act (UCDLA), the words and phrases listed below have the
12meanings ascribed to them as follows:
13    (1) Alcohol. "Alcohol" means any substance containing any
14form of alcohol, including but not limited to ethanol,
15methanol, propanol, and isopropanol.
16    (2) Alcohol concentration. "Alcohol concentration" means:
17        (A) the number of grams of alcohol per 210 liters of
18    breath; or
19        (B) the number of grams of alcohol per 100 milliliters
20    of blood; or
21        (C) the number of grams of alcohol per 67 milliliters
22    of urine.
23    Alcohol tests administered within 2 hours of the driver

 

 

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1being "stopped or detained" shall be considered that driver's
2"alcohol concentration" for the purposes of enforcing this
3UCDLA.
4    (3) (Blank).
5    (4) (Blank).
6    (5) (Blank).
7    (5.3) CDLIS driver record. "CDLIS driver record" means the
8electronic record of the individual CDL driver's status and
9history stored by the State-of-Record as part of the Commercial
10Driver's License Information System, or CDLIS, established
11under 49 U.S.C. 31309.
12    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
13record" or "CDLIS MVR" means a report generated from the CDLIS
14driver record meeting the requirements for access to CDLIS
15information and provided by states to users authorized in 49
16C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
17Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
18    (5.7) Commercial driver's license downgrade. "Commercial
19driver's license downgrade" or "CDL downgrade" means either:
20        (A) a state allows the driver to change his or her
21    self-certification to interstate, but operating
22    exclusively in transportation or operation excepted from
23    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
24    391.2, 391.68, or 398.3;
25        (B) a state allows the driver to change his or her
26    self-certification to intrastate only, if the driver

 

 

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1    qualifies under that state's physical qualification
2    requirements for intrastate only;
3        (C) a state allows the driver to change his or her
4    certification to intrastate, but operating exclusively in
5    transportation or operations excepted from all or part of
6    the state driver qualification requirements; or
7        (D) a state removes the CDL privilege from the driver
8    license.
9    (6) Commercial Motor Vehicle.
10        (A) "Commercial motor vehicle" or "CMV" means a motor
11    vehicle used in commerce, except those referred to in
12    subdivision (B), designed to transport passengers or
13    property if:
14            (i) the vehicle has a GVWR of 26,001 pounds or more
15        or such a lesser GVWR as subsequently determined by
16        federal regulations or the Secretary of State; or any
17        combination of vehicles with a GCWR of 26,001 pounds or
18        more, provided the GVWR of any vehicle or vehicles
19        being towed is 10,001 pounds or more; or
20            (ii) the vehicle is designed to transport 16 or
21        more persons; or
22            (iii) the vehicle is transporting hazardous
23        materials and is required to be placarded in accordance
24        with 49 C.F.R. Part 172, subpart F.
25        (B) Pursuant to the interpretation of the Commercial
26    Motor Vehicle Safety Act of 1986 by the Federal Highway

 

 

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1    Administration, the definition of "commercial motor
2    vehicle" does not include:
3            (i) recreational vehicles, when operated primarily
4        for personal use;
5            (ii) vehicles owned by or operated under the
6        direction of the United States Department of Defense or
7        the United States Coast Guard only when operated by
8        non-civilian personnel. This includes any operator on
9        active military duty; members of the Reserves;
10        National Guard; personnel on part-time training; and
11        National Guard military technicians (civilians who are
12        required to wear military uniforms and are subject to
13        the Code of Military Justice); or
14            (iii) firefighting, police, and other emergency
15        equipment (including, without limitation, equipment
16        owned or operated by a HazMat or technical rescue team
17        authorized by a county board under Section 5-1127 of
18        the Counties Code), with audible and visual signals,
19        owned or operated by or for a governmental entity,
20        which is necessary to the preservation of life or
21        property or the execution of emergency governmental
22        functions which are normally not subject to general
23        traffic rules and regulations.
24    (7) Controlled Substance. "Controlled substance" shall
25have the same meaning as defined in Section 102 of the Illinois
26Controlled Substances Act, and shall also include cannabis as

 

 

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1defined in Section 3 of the Cannabis Control Act and
2methamphetamine as defined in Section 10 of the Methamphetamine
3Control and Community Protection Act.
4    (8) Conviction. "Conviction" means an unvacated
5adjudication of guilt or a determination that a person has
6violated or failed to comply with the law in a court of
7original jurisdiction or by an authorized administrative
8tribunal; an unvacated forfeiture of bail or collateral
9deposited to secure the person's appearance in court; a plea of
10guilty or nolo contendere accepted by the court; the payment of
11a fine or court cost regardless of whether the imposition of
12sentence is deferred and ultimately a judgment dismissing the
13underlying charge is entered; or a violation of a condition of
14release without bail, regardless of whether or not the penalty
15is rebated, suspended or probated.
16    (8.5) Day. "Day" means calendar day.
17    (9) (Blank).
18    (10) (Blank).
19    (11) (Blank).
20    (12) (Blank).
21    (13) Driver. "Driver" means any person who drives,
22operates, or is in physical control of a commercial motor
23vehicle, any person who is required to hold a CDL, or any
24person who is a holder of a CDL while operating a
25non-commercial motor vehicle.
26    (13.5) Driver applicant. "Driver applicant" means an

 

 

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1individual who applies to a state to obtain, transfer, upgrade,
2or renew a CDL.
3    (13.8) Electronic device. "Electronic device" includes,
4but is not limited to, a cellular telephone, personal digital
5assistant, pager, computer, or any other device used to input,
6write, send, receive, or read text.
7    (14) Employee. "Employee" means a person who is employed as
8a commercial motor vehicle driver. A person who is
9self-employed as a commercial motor vehicle driver must comply
10with the requirements of this UCDLA pertaining to employees. An
11owner-operator on a long-term lease shall be considered an
12employee.
13    (15) Employer. "Employer" means a person (including the
14United States, a State or a local authority) who owns or leases
15a commercial motor vehicle or assigns employees to operate such
16a vehicle. A person who is self-employed as a commercial motor
17vehicle driver must comply with the requirements of this UCDLA.
18    (15.3) Excepted interstate. "Excepted interstate" means a
19person who operates or expects to operate in interstate
20commerce, but engages exclusively in transportation or
21operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
22398.3 from all or part of the qualification requirements of 49
23C.F.R. Part 391 and is not required to obtain a medical
24examiner's certificate by 49 C.F.R. 391.45.
25    (15.5) Excepted intrastate. "Excepted intrastate" means a
26person who operates in intrastate commerce but engages

 

 

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1exclusively in transportation or operations excepted from all
2or parts of the state driver qualification requirements.
3    (16) (Blank).
4    (16.5) Fatality. "Fatality" means the death of a person as
5a result of a motor vehicle accident.
6    (16.7) Foreign commercial driver. "Foreign commercial
7driver" means a person licensed to operate a commercial motor
8vehicle by an authority outside the United States, or a citizen
9of a foreign country who operates a commercial motor vehicle in
10the United States.
11    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
12sovereign jurisdiction that does not fall within the definition
13of "State".
14    (18) (Blank).
15    (19) (Blank).
16    (20) Hazardous materials. "Hazardous Material" means any
17material that has been designated under 49 U.S.C. 5103 and is
18required to be placarded under subpart F of 49 C.F.R. part 172
19or any quantity of a material listed as a select agent or toxin
20in 42 C.F.R. part 73.
21    (20.5) Imminent Hazard. "Imminent hazard" means the
22existence of any a condition of a vehicle, employee, or
23commercial motor vehicle operations that substantially
24increases the presents a substantial likelihood of that death,
25serious illness, severe personal injury, or death if not
26discontinued immediately; or a condition relating to hazardous

 

 

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1material that presents a substantial likelihood that death,
2serious illness, severe personal injury, or a substantial
3endangerment to health, property, or the environment may occur
4before the reasonably foreseeable completion date of a formal
5proceeding begun to lessen the risk of that death, illness,
6injury or endangerment.
7    (21) Long-term lease. "Long-term lease" means a lease of a
8commercial motor vehicle by the owner-lessor to a lessee, for a
9period of more than 29 days.
10    (21.1) Medical examiner. "Medical examiner" means an
11individual certified by the Federal Motor Carrier Safety
12Administration and listed on the National Registry of Certified
13Medical Examiners in accordance with Federal Motor Carrier
14Safety Regulations, 49 CFR 390.101 et seq a person who is
15licensed, certified, or registered in accordance with
16applicable state laws and regulations to perform physical
17examinations. The term includes but is not limited to doctors
18of medicine, doctors of osteopathy, physician assistants,
19advanced practice nurses, and doctors of chiropractic.
20    (21.2) Medical examiner's certificate. "Medical examiner's
21certificate" means a document prescribed or approved by the
22Secretary of State that is issued by a medical examiner to a
23driver to medically qualify him or her to drive.
24    (21.5) Medical variance. "Medical variance" means a driver
25has received one of the following from the Federal Motor
26Carrier Safety Administration which allows the driver to be

 

 

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1issued a medical certificate: (1) an exemption letter
2permitting operation of a commercial motor vehicle pursuant to
349 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
4skill performance evaluation (SPE) certificate permitting
5operation of a commercial motor vehicle pursuant to 49 C.F.R.
6391.49.
7    (21.7) Mobile telephone. "Mobile telephone" means a mobile
8communication device that falls under or uses any commercial
9mobile radio service, as defined in regulations of the Federal
10Communications Commission, 47 CFR 20.3. It does not include
11two-way or citizens band radio services.
12    (22) Motor Vehicle. "Motor vehicle" means every vehicle
13which is self-propelled, and every vehicle which is propelled
14by electric power obtained from over head trolley wires but not
15operated upon rails, except vehicles moved solely by human
16power and motorized wheel chairs.
17    (22.2) Motor vehicle record. "Motor vehicle record" means a
18report of the driving status and history of a driver generated
19from the driver record provided to users, such as drivers or
20employers, and is subject to the provisions of the Driver
21Privacy Protection Act, 18 U.S.C. 2721-2725.
22    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
23combination of motor vehicles not defined by the term
24"commercial motor vehicle" or "CMV" in this Section.
25    (22.7) Non-excepted interstate. "Non-excepted interstate"
26means a person who operates or expects to operate in interstate

 

 

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1commerce, is subject to and meets the qualification
2requirements under 49 C.F.R. Part 391, and is required to
3obtain a medical examiner's certificate by 49 C.F.R. 391.45.
4    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
5means a person who operates only in intrastate commerce and is
6subject to State driver qualification requirements.
7    (23) Non-resident CDL. "Non-resident CDL" means a
8commercial driver's license issued by a state under either of
9the following two conditions:
10        (i) to an individual domiciled in a foreign country
11    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
12    of the Federal Motor Carrier Safety Administration.
13        (ii) to an individual domiciled in another state
14    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
15    of the Federal Motor Carrier Safety Administration.
16    (24) (Blank).
17    (25) (Blank).
18    (25.5) Railroad-Highway Grade Crossing Violation.
19"Railroad-highway grade crossing violation" means a violation,
20while operating a commercial motor vehicle, of any of the
21following:
22            (A) Section 11-1201, 11-1202, or 11-1425 of this
23        Code.
24            (B) Any other similar law or local ordinance of any
25        state relating to railroad-highway grade crossing.
26    (25.7) School Bus. "School bus" means a commercial motor

 

 

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1vehicle used to transport pre-primary, primary, or secondary
2school students from home to school, from school to home, or to
3and from school-sponsored events. "School bus" does not include
4a bus used as a common carrier.
5    (26) Serious Traffic Violation. "Serious traffic
6violation" means:
7        (A) a conviction when operating a commercial motor
8    vehicle, or when operating a non-CMV while holding a CDL,
9    of:
10            (i) a violation relating to excessive speeding,
11        involving a single speeding charge of 15 miles per hour
12        or more above the legal speed limit; or
13            (ii) a violation relating to reckless driving; or
14            (iii) a violation of any State law or local
15        ordinance relating to motor vehicle traffic control
16        (other than parking violations) arising in connection
17        with a fatal traffic accident; or
18            (iv) a violation of Section 6-501, relating to
19        having multiple driver's licenses; or
20            (v) a violation of paragraph (a) of Section 6-507,
21        relating to the requirement to have a valid CDL; or
22            (vi) a violation relating to improper or erratic
23        traffic lane changes; or
24            (vii) a violation relating to following another
25        vehicle too closely; or
26            (viii) a violation relating to texting while

 

 

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1        driving; or
2            (ix) a violation relating to the use of a hand-held
3        mobile telephone while driving; or
4        (B) any other similar violation of a law or local
5    ordinance of any state relating to motor vehicle traffic
6    control, other than a parking violation, which the
7    Secretary of State determines by administrative rule to be
8    serious.
9    (27) State. "State" means a state of the United States, the
10District of Columbia and any province or territory of Canada.
11    (28) (Blank).
12    (29) (Blank).
13    (30) (Blank).
14    (31) (Blank).
15    (32) Texting. "Texting" means manually entering
16alphanumeric text into, or reading text from, an electronic
17device.
18        (1) Texting includes, but is not limited to, short
19    message service, emailing, instant messaging, a command or
20    request to access a World Wide Web page, pressing more than
21    a single button to initiate or terminate a voice
22    communication using a mobile telephone, or engaging in any
23    other form of electronic text retrieval or entry for
24    present or future communication.
25        (2) Texting does not include:
26            (i) inputting, selecting, or reading information

 

 

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1        on a global positioning system or navigation system; or
2            (ii) pressing a single button to initiate or
3        terminate a voice communication using a mobile
4        telephone; or
5            (iii) using a device capable of performing
6        multiple functions (for example, a fleet management
7        system, dispatching device, smart phone, citizens band
8        radio, or music player) for a purpose that is not
9        otherwise prohibited by Part 392 of the Federal Motor
10        Carrier Safety Regulations.
11    (33) Use a hand-held mobile telephone. "Use a hand-held
12mobile telephone" means:
13        (1) using at least one hand to hold a mobile telephone
14    to conduct a voice communication;
15        (2) dialing or answering a mobile telephone by pressing
16    more than a single button; or
17        (3) reaching for a mobile telephone in a manner that
18    requires a driver to maneuver so that he or she is no
19    longer in a seated driving position, restrained by a seat
20    belt that is installed in accordance with 49 CFR 393.93 and
21    adjusted in accordance with the vehicle manufacturer's
22    instructions.
23(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
24eff. 1-1-13; 98-463, eff. 8-16-13.)
 
25    (Text of Section after amendment by P.A. 98-176)

 

 

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1    Sec. 6-500. Definitions of words and phrases.
2Notwithstanding the definitions set forth elsewhere in this
3Code, for purposes of the Uniform Commercial Driver's License
4Act (UCDLA), the words and phrases listed below have the
5meanings ascribed to them as follows:
6    (1) Alcohol. "Alcohol" means any substance containing any
7form of alcohol, including but not limited to ethanol,
8methanol, propanol, and isopropanol.
9    (2) Alcohol concentration. "Alcohol concentration" means:
10        (A) the number of grams of alcohol per 210 liters of
11    breath; or
12        (B) the number of grams of alcohol per 100 milliliters
13    of blood; or
14        (C) the number of grams of alcohol per 67 milliliters
15    of urine.
16    Alcohol tests administered within 2 hours of the driver
17being "stopped or detained" shall be considered that driver's
18"alcohol concentration" for the purposes of enforcing this
19UCDLA.
20    (3) (Blank).
21    (4) (Blank).
22    (5) (Blank).
23    (5.3) CDLIS driver record. "CDLIS driver record" means the
24electronic record of the individual CDL driver's status and
25history stored by the State-of-Record as part of the Commercial
26Driver's License Information System, or CDLIS, established

 

 

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1under 49 U.S.C. 31309.
2    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
3record" or "CDLIS MVR" means a report generated from the CDLIS
4driver record meeting the requirements for access to CDLIS
5information and provided by states to users authorized in 49
6C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
7Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
8    (5.7) Commercial driver's license downgrade. "Commercial
9driver's license downgrade" or "CDL downgrade" means either:
10        (A) a state allows the driver to change his or her
11    self-certification to interstate, but operating
12    exclusively in transportation or operation excepted from
13    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
14    391.2, 391.68, or 398.3;
15        (B) a state allows the driver to change his or her
16    self-certification to intrastate only, if the driver
17    qualifies under that state's physical qualification
18    requirements for intrastate only;
19        (C) a state allows the driver to change his or her
20    certification to intrastate, but operating exclusively in
21    transportation or operations excepted from all or part of
22    the state driver qualification requirements; or
23        (D) a state removes the CDL privilege from the driver
24    license.
25    (6) Commercial Motor Vehicle.
26        (A) "Commercial motor vehicle" or "CMV" means a motor

 

 

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1    vehicle or combination of motor vehicles used in commerce,
2    except those referred to in subdivision (B), designed to
3    transport passengers or property if the motor vehicle:
4            (i) has a gross combination weight rating or gross
5        combination weight of 11,794 kilograms or more (26,001
6        pounds or more), whichever is greater, inclusive of any
7        towed unit with a gross vehicle weight rating or gross
8        vehicle weight of more than 4,536 kilograms (10,000
9        pounds), whichever is greater; or
10            (i-5) has a gross vehicle weight rating or gross
11        vehicle weight of 11,794 or more kilograms (26,001
12        pounds or more), whichever is greater; or
13            (ii) is designed to transport 16 or more persons,
14        including the driver; or
15            (iii) is of any size and is used in transporting
16        hazardous materials as defined in 49 C.F.R. 383.5.
17        (B) Pursuant to the interpretation of the Commercial
18    Motor Vehicle Safety Act of 1986 by the Federal Highway
19    Administration, the definition of "commercial motor
20    vehicle" does not include:
21            (i) recreational vehicles, when operated primarily
22        for personal use;
23            (ii) vehicles owned by or operated under the
24        direction of the United States Department of Defense or
25        the United States Coast Guard only when operated by
26        non-civilian personnel. This includes any operator on

 

 

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1        active military duty; members of the Reserves;
2        National Guard; personnel on part-time training; and
3        National Guard military technicians (civilians who are
4        required to wear military uniforms and are subject to
5        the Code of Military Justice); or
6            (iii) firefighting, police, and other emergency
7        equipment (including, without limitation, equipment
8        owned or operated by a HazMat or technical rescue team
9        authorized by a county board under Section 5-1127 of
10        the Counties Code), with audible and visual signals,
11        owned or operated by or for a governmental entity,
12        which is necessary to the preservation of life or
13        property or the execution of emergency governmental
14        functions which are normally not subject to general
15        traffic rules and regulations.
16    (7) Controlled Substance. "Controlled substance" shall
17have the same meaning as defined in Section 102 of the Illinois
18Controlled Substances Act, and shall also include cannabis as
19defined in Section 3 of the Cannabis Control Act and
20methamphetamine as defined in Section 10 of the Methamphetamine
21Control and Community Protection Act.
22    (8) Conviction. "Conviction" means an unvacated
23adjudication of guilt or a determination that a person has
24violated or failed to comply with the law in a court of
25original jurisdiction or by an authorized administrative
26tribunal; an unvacated forfeiture of bail or collateral

 

 

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1deposited to secure the person's appearance in court; a plea of
2guilty or nolo contendere accepted by the court; the payment of
3a fine or court cost regardless of whether the imposition of
4sentence is deferred and ultimately a judgment dismissing the
5underlying charge is entered; or a violation of a condition of
6release without bail, regardless of whether or not the penalty
7is rebated, suspended or probated.
8    (8.5) Day. "Day" means calendar day.
9    (9) (Blank).
10    (10) (Blank).
11    (11) (Blank).
12    (12) (Blank).
13    (13) Driver. "Driver" means any person who drives,
14operates, or is in physical control of a commercial motor
15vehicle, any person who is required to hold a CDL, or any
16person who is a holder of a CDL while operating a
17non-commercial motor vehicle.
18    (13.5) Driver applicant. "Driver applicant" means an
19individual who applies to a state or other jurisdiction to
20obtain, transfer, upgrade, or renew a CDL or to obtain or renew
21a CLP.
22    (13.8) Electronic device. "Electronic device" includes,
23but is not limited to, a cellular telephone, personal digital
24assistant, pager, computer, or any other device used to input,
25write, send, receive, or read text.
26    (14) Employee. "Employee" means a person who is employed as

 

 

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1a commercial motor vehicle driver. A person who is
2self-employed as a commercial motor vehicle driver must comply
3with the requirements of this UCDLA pertaining to employees. An
4owner-operator on a long-term lease shall be considered an
5employee.
6    (15) Employer. "Employer" means a person (including the
7United States, a State or a local authority) who owns or leases
8a commercial motor vehicle or assigns employees to operate such
9a vehicle. A person who is self-employed as a commercial motor
10vehicle driver must comply with the requirements of this UCDLA.
11    (15.1) Endorsement. "Endorsement" means an authorization
12to an individual's CLP or CDL required to permit the individual
13to operate certain types of commercial motor vehicles.
14    (15.3) Excepted interstate. "Excepted interstate" means a
15person who operates or expects to operate in interstate
16commerce, but engages exclusively in transportation or
17operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
18398.3 from all or part of the qualification requirements of 49
19C.F.R. Part 391 and is not required to obtain a medical
20examiner's certificate by 49 C.F.R. 391.45.
21    (15.5) Excepted intrastate. "Excepted intrastate" means a
22person who operates in intrastate commerce but engages
23exclusively in transportation or operations excepted from all
24or parts of the state driver qualification requirements.
25    (16) (Blank).
26    (16.5) Fatality. "Fatality" means the death of a person as

 

 

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1a result of a motor vehicle accident.
2    (16.7) Foreign commercial driver. "Foreign commercial
3driver" means a person licensed to operate a commercial motor
4vehicle by an authority outside the United States, or a citizen
5of a foreign country who operates a commercial motor vehicle in
6the United States.
7    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
8sovereign jurisdiction that does not fall within the definition
9of "State".
10    (18) (Blank).
11    (19) (Blank).
12    (20) Hazardous materials. "Hazardous Material" means any
13material that has been designated under 49 U.S.C. 5103 and is
14required to be placarded under subpart F of 49 C.F.R. part 172
15or any quantity of a material listed as a select agent or toxin
16in 42 C.F.R. part 73.
17    (20.5) Imminent Hazard. "Imminent hazard" means the
18existence of any a condition of a vehicle, employee, or
19commercial motor vehicle operations relating to hazardous
20material that substantially increases the presents a
21substantial likelihood of that death, serious illness, severe
22personal injury, or death if not discontinued immediately; or a
23condition relating to hazardous material that presents a
24substantial likelihood that death, serious illness, severe
25personal injury, or a substantial endangerment to health,
26property, or the environment may occur before the reasonably

 

 

HB4386- 21 -LRB098 16892 MLW 51967 b

1foreseeable completion date of a formal proceeding begun to
2lessen the risk of that death, illness, injury or endangerment.
3    (20.6) Issuance. "Issuance" means initial issuance,
4transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
5CLP or CDL.
6    (20.7) Issue. "Issue" means initial issuance, transfer,
7renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
8non-domiciled CDL.
9    (21) Long-term lease. "Long-term lease" means a lease of a
10commercial motor vehicle by the owner-lessor to a lessee, for a
11period of more than 29 days.
12    (21.01) Manual transmission. "Manual transmission" means a
13transmission utilizing a driver-operated clutch that is
14activated by a pedal or lever and a gear-shift mechanism
15operated either by hand or foot including those known as a
16stick shift, stick, straight drive, or standard transmission.
17All other transmissions, whether semi-automatic or automatic,
18shall be considered automatic for the purposes of the
19standardized restriction code.
20    (21.1) Medical examiner. "Medical examiner" means an
21individual certified by the Federal Motor Carrier Safety
22Administration and listed on the National Registry of Certified
23Medical Examiners in accordance with Federal Motor Carrier
24Safety Regulations, 49 CFR 390.101 et seq a person who is
25licensed, certified, or registered in accordance with
26applicable state laws and regulations to perform physical

 

 

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1examinations. The term includes but is not limited to doctors
2of medicine, doctors of osteopathy, physician assistants,
3advanced practice nurses, and doctors of chiropractic.
4    (21.2) Medical examiner's certificate. "Medical examiner's
5certificate" means a document prescribed or approved by the
6Secretary of State that is issued by a medical examiner to a
7driver to medically qualify him or her to drive.
8    (21.5) Medical variance. "Medical variance" means a driver
9has received one of the following from the Federal Motor
10Carrier Safety Administration which allows the driver to be
11issued a medical certificate: (1) an exemption letter
12permitting operation of a commercial motor vehicle pursuant to
1349 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
14skill performance evaluation (SPE) certificate permitting
15operation of a commercial motor vehicle pursuant to 49 C.F.R.
16391.49.
17    (21.7) Mobile telephone. "Mobile telephone" means a mobile
18communication device that falls under or uses any commercial
19mobile radio service, as defined in regulations of the Federal
20Communications Commission, 47 CFR 20.3. It does not include
21two-way or citizens band radio services.
22    (22) Motor Vehicle. "Motor vehicle" means every vehicle
23which is self-propelled, and every vehicle which is propelled
24by electric power obtained from over head trolley wires but not
25operated upon rails, except vehicles moved solely by human
26power and motorized wheel chairs.

 

 

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1    (22.2) Motor vehicle record. "Motor vehicle record" means a
2report of the driving status and history of a driver generated
3from the driver record provided to users, such as drivers or
4employers, and is subject to the provisions of the Driver
5Privacy Protection Act, 18 U.S.C. 2721-2725.
6    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
7combination of motor vehicles not defined by the term
8"commercial motor vehicle" or "CMV" in this Section.
9    (22.7) Non-excepted interstate. "Non-excepted interstate"
10means a person who operates or expects to operate in interstate
11commerce, is subject to and meets the qualification
12requirements under 49 C.F.R. Part 391, and is required to
13obtain a medical examiner's certificate by 49 C.F.R. 391.45.
14    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
15means a person who operates only in intrastate commerce and is
16subject to State driver qualification requirements.
17    (23) Non-domiciled CLP or Non-domiciled CDL.
18"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
19respectively, issued by a state or other jurisdiction under
20either of the following two conditions:
21        (i) to an individual domiciled in a foreign country
22    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
23    of the Federal Motor Carrier Safety Administration.
24        (ii) to an individual domiciled in another state
25    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
26    of the Federal Motor Carrier Safety Administration.

 

 

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1    (24) (Blank).
2    (25) (Blank).
3    (25.5) Railroad-Highway Grade Crossing Violation.
4"Railroad-highway grade crossing violation" means a violation,
5while operating a commercial motor vehicle, of any of the
6following:
7        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
8        (B) Any other similar law or local ordinance of any
9    state relating to railroad-highway grade crossing.
10    (25.7) School Bus. "School bus" means a commercial motor
11vehicle used to transport pre-primary, primary, or secondary
12school students from home to school, from school to home, or to
13and from school-sponsored events. "School bus" does not include
14a bus used as a common carrier.
15    (26) Serious Traffic Violation. "Serious traffic
16violation" means:
17        (A) a conviction when operating a commercial motor
18    vehicle, or when operating a non-CMV while holding a CLP or
19    CDL, of:
20            (i) a violation relating to excessive speeding,
21        involving a single speeding charge of 15 miles per hour
22        or more above the legal speed limit; or
23            (ii) a violation relating to reckless driving; or
24            (iii) a violation of any State law or local
25        ordinance relating to motor vehicle traffic control
26        (other than parking violations) arising in connection

 

 

HB4386- 25 -LRB098 16892 MLW 51967 b

1        with a fatal traffic accident; or
2            (iv) a violation of Section 6-501, relating to
3        having multiple driver's licenses; or
4            (v) a violation of paragraph (a) of Section 6-507,
5        relating to the requirement to have a valid CDL; or
6            (vi) a violation relating to improper or erratic
7        traffic lane changes; or
8            (vii) a violation relating to following another
9        vehicle too closely; or
10            (viii) a violation relating to texting while
11        driving; or
12            (ix) a violation relating to the use of a hand-held
13        mobile telephone while driving; or
14        (B) any other similar violation of a law or local
15    ordinance of any state relating to motor vehicle traffic
16    control, other than a parking violation, which the
17    Secretary of State determines by administrative rule to be
18    serious.
19    (27) State. "State" means a state of the United States, the
20District of Columbia and any province or territory of Canada.
21    (28) (Blank).
22    (29) (Blank).
23    (30) (Blank).
24    (31) (Blank).
25    (32) Texting. "Texting" means manually entering
26alphanumeric text into, or reading text from, an electronic

 

 

HB4386- 26 -LRB098 16892 MLW 51967 b

1device.
2        (1) Texting includes, but is not limited to, short
3    message service, emailing, instant messaging, a command or
4    request to access a World Wide Web page, pressing more than
5    a single button to initiate or terminate a voice
6    communication using a mobile telephone, or engaging in any
7    other form of electronic text retrieval or entry for
8    present or future communication.
9        (2) Texting does not include:
10            (i) inputting, selecting, or reading information
11        on a global positioning system or navigation system; or
12            (ii) pressing a single button to initiate or
13        terminate a voice communication using a mobile
14        telephone; or
15            (iii) using a device capable of performing
16        multiple functions (for example, a fleet management
17        system, dispatching device, smart phone, citizens band
18        radio, or music player) for a purpose that is not
19        otherwise prohibited by Part 392 of the Federal Motor
20        Carrier Safety Regulations.
21    (32.3) Third party skills test examiner. "Third party
22skills test examiner" means a person employed by a third party
23tester who is authorized by the State to administer the CDL
24skills tests specified in 49 C.F.R. Part 383, subparts G and H.
25    (32.5) Third party tester. "Third party tester" means a
26person (including, but not limited to, another state, a motor

 

 

HB4386- 27 -LRB098 16892 MLW 51967 b

1carrier, a private driver training facility or other private
2institution, or a department, agency, or instrumentality of a
3local government) authorized by the State to employ skills test
4examiners to administer the CDL skills tests specified in 49
5C.F.R. Part 383, subparts G and H.
6    (32.7) United States. "United States" means the 50 states
7and the District of Columbia.
8    (33) Use a hand-held mobile telephone. "Use a hand-held
9mobile telephone" means:
10        (1) using at least one hand to hold a mobile telephone
11    to conduct a voice communication;
12        (2) dialing or answering a mobile telephone by pressing
13    more than a single button; or
14        (3) reaching for a mobile telephone in a manner that
15    requires a driver to maneuver so that he or she is no
16    longer in a seated driving position, restrained by a seat
17    belt that is installed in accordance with 49 CFR 393.93 and
18    adjusted in accordance with the vehicle manufacturer's
19    instructions.
20(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
21eff. 1-1-13; 98-176, eff. 7-1-14; 98-463, eff. 8-16-13.)
 
22    (625 ILCS 5/6-506)  (from Ch. 95 1/2, par. 6-506)
23    (Text of Section before amendment by P.A. 98-176)
24    Sec. 6-506. Commercial motor vehicle driver -
25employer/owner responsibilities.

 

 

HB4386- 28 -LRB098 16892 MLW 51967 b

1    (a) No employer or commercial motor vehicle owner shall
2knowingly allow, permit, authorize, or require an employee to
3drive a commercial motor vehicle on the highways if he or she
4knows or should reasonably know that the during any period in
5which such employee:
6        (1) has a driver's license suspended, revoked or
7    cancelled by any state; or
8        (2) has lost the privilege to drive a commercial motor
9    vehicle in any state; or
10        (3) has been disqualified from driving a commercial
11    motor vehicle; or
12        (4) has more than one driver's license, except as
13    provided by this UCDLA; or
14        (5) is subject to or in violation of an
15    "out-of-service" order.
16    (b) No employer or commercial motor vehicle owner shall
17knowingly allow, permit, authorize, or require a driver to
18operate a commercial motor vehicle in violation of any law or
19regulation pertaining to railroad-highway grade crossings.
20    (b-3) No employer or commercial motor vehicle owner shall
21knowingly allow, permit, authorize, or require a driver to
22operate a commercial motor vehicle during any period in which
23the commercial motor vehicle is subject to an "out-of-service"
24order.
25    (b-5) No employer or commercial motor vehicle owner shall
26knowingly allow, permit, authorize, or require a driver to

 

 

HB4386- 29 -LRB098 16892 MLW 51967 b

1operate a commercial motor vehicle during any period in which
2the motor carrier operation is subject to an "out-of-service"
3order.
4    (c) Any employer convicted of violating subsection (a),
5(b-3), or (b-5) of this Section, whether individually or in
6connection with one or more other persons, or as principal
7agent, or accessory, shall be guilty of a Class A misdemeanor.
8(Source: P.A. 95-382, eff. 8-23-07.)
 
9    (Text of Section after amendment by P.A. 98-176)
10    Sec. 6-506. Commercial motor vehicle driver -
11employer/owner responsibilities.
12    (a) No employer or commercial motor vehicle owner shall
13knowingly allow, permit, authorize, or require an employee to
14drive a commercial motor vehicle on the highways if he or she
15knows or should reasonably know that the during any period in
16which such employee:
17        (1) has a driver's license suspended, revoked or
18    cancelled by any state; or
19        (2) has lost the privilege to drive a commercial motor
20    vehicle in any state; or
21        (3) has been disqualified from driving a commercial
22    motor vehicle; or
23        (4) has more than one CLP or CDL, except as provided by
24    this UCDLA; or
25        (5) is subject to or in violation of an

 

 

HB4386- 30 -LRB098 16892 MLW 51967 b

1    "out-of-service" order; or
2        (6) does not have a current CLP or CDL or a CLP or CDL
3    with the proper class or endorsements. An employer may not
4    use a driver to operate a CMV who violates any restriction
5    on the driver's CLP or CDL.
6    (b) No employer or commercial motor vehicle owner shall
7knowingly allow, permit, authorize, or require a driver to
8operate a commercial motor vehicle in violation of any law or
9regulation pertaining to railroad-highway grade crossings.
10    (b-3) No employer or commercial motor vehicle owner shall
11knowingly allow, permit, authorize, or require a driver to
12operate a commercial motor vehicle during any period in which
13the commercial motor vehicle is subject to an "out-of-service"
14order.
15    (b-5) No employer or commercial motor vehicle owner shall
16knowingly allow, permit, authorize, or require a driver to
17operate a commercial motor vehicle during any period in which
18the motor carrier operation is subject to an "out-of-service"
19order.
20    (c) Any employer convicted of violating subsection (a),
21(b-3), or (b-5) of this Section, whether individually or in
22connection with one or more other persons, or as principal
23agent, or accessory, shall be guilty of a Class A misdemeanor.
24(Source: P.A. 98-176, eff. 7-1-14.)
 
25    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)

 

 

HB4386- 31 -LRB098 16892 MLW 51967 b

1    (Text of Section before amendment by P.A. 98-176)
2    Sec. 6-514. Commercial driver's license (CDL); commercial
3learner's permit (CLP); disqualifications. Commercial Driver's
4License (CDL) - Disqualifications.
5    (a) A person shall be disqualified from driving a
6commercial motor vehicle for a period of not less than 12
7months for the first violation of:
8        (1) Refusing to submit to or failure to complete a test
9    or tests authorized under Section 11-501.1 while driving a
10    commercial motor vehicle or, if the driver is a CDL holder,
11    while driving a non-CMV; or
12        (2) Operating a commercial motor vehicle while the
13    alcohol concentration of the person's blood, breath or
14    urine is at least 0.04, or any amount of a drug, substance,
15    or compound in the person's blood or urine resulting from
16    the unlawful use or consumption of cannabis listed in the
17    Cannabis Control Act, a controlled substance listed in the
18    Illinois Controlled Substances Act, or methamphetamine as
19    listed in the Methamphetamine Control and Community
20    Protection Act as indicated by a police officer's sworn
21    report or other verified evidence; or operating a
22    non-commercial motor vehicle while the alcohol
23    concentration of the person's blood, breath, or urine was
24    above the legal limit defined in Section 11-501.1 or
25    11-501.8 or any amount of a drug, substance, or compound in
26    the person's blood or urine resulting from the unlawful use

 

 

HB4386- 32 -LRB098 16892 MLW 51967 b

1    or consumption of cannabis listed in the Cannabis Control
2    Act, a controlled substance listed in the Illinois
3    Controlled Substances Act, or methamphetamine as listed in
4    the Methamphetamine Control and Community Protection Act
5    as indicated by a police officer's sworn report or other
6    verified evidence while holding a commercial driver's
7    license; or
8        (3) Conviction for a first violation of:
9            (i) Driving a commercial motor vehicle or, if the
10        driver is a CDL holder, driving a non-CMV while under
11        the influence of alcohol, or any other drug, or
12        combination of drugs to a degree which renders such
13        person incapable of safely driving; or
14            (ii) Knowingly leaving the scene of an accident
15        while operating a commercial motor vehicle or, if the
16        driver is a CDL holder, while driving a non-CMV; or
17            (iii) Driving a commercial motor vehicle or, if the
18        driver is a CDL holder, driving a non-CMV while
19        committing any felony; or
20            (iv) Driving a commercial motor vehicle while the
21        person's driving privileges or driver's license or
22        permit is revoked, suspended, or cancelled or the
23        driver is disqualified from operating a commercial
24        motor vehicle; or
25            (v) Causing a fatality through the negligent
26        operation of a commercial motor vehicle, including but

 

 

HB4386- 33 -LRB098 16892 MLW 51967 b

1        not limited to the crimes of motor vehicle
2        manslaughter, homicide by a motor vehicle, and
3        negligent homicide.
4            As used in this subdivision (a)(3)(v), "motor
5        vehicle manslaughter" means the offense of involuntary
6        manslaughter if committed by means of a vehicle;
7        "homicide by a motor vehicle" means the offense of
8        first degree murder or second degree murder, if either
9        offense is committed by means of a vehicle; and
10        "negligent homicide" means reckless homicide under
11        Section 9-3 of the Criminal Code of 1961 or the
12        Criminal Code of 2012 and aggravated driving under the
13        influence of alcohol, other drug or drugs,
14        intoxicating compound or compounds, or any combination
15        thereof under subdivision (d)(1)(F) of Section 11-501
16        of this Code.
17        If any of the above violations or refusals occurred
18    while transporting hazardous material(s) required to be
19    placarded, the person shall be disqualified for a period of
20    not less than 3 years; or
21        (4) If the person is a qualifying patient licensed
22    under the Compassionate Use of Medical Cannabis Pilot
23    Program Act who is in possession of a valid registry card
24    issued under that Act, operating a commercial motor vehicle
25    under impairment resulting from the consumption of
26    cannabis, as determined by failure of standardized field

 

 

HB4386- 34 -LRB098 16892 MLW 51967 b

1    sobriety tests administered by a law enforcement officer as
2    directed by subsection (a-5) of Section 11-501.2.
3    (b) A person is disqualified for life for a second
4conviction of any of the offenses specified in paragraph (a),
5or any combination of those offenses, arising from 2 or more
6separate incidents.
7    (c) A person is disqualified from driving a commercial
8motor vehicle for life if the person either (i) uses a
9commercial motor vehicle in the commission of any felony
10involving the manufacture, distribution, or dispensing of a
11controlled substance, or possession with intent to
12manufacture, distribute or dispense a controlled substance or
13(ii) if the person is a CDL holder, uses a non-CMV in the
14commission of a felony involving any of those activities.
15    (d) The Secretary of State may, when the United States
16Secretary of Transportation so authorizes, issue regulations
17in which a disqualification for life under paragraph (b) may be
18reduced to a period of not less than 10 years. If a reinstated
19driver is subsequently convicted of another disqualifying
20offense, as specified in subsection (a) of this Section, he or
21she shall be permanently disqualified for life and shall be
22ineligible to again apply for a reduction of the lifetime
23disqualification.
24    (e) A person is disqualified from driving a commercial
25motor vehicle for a period of not less than 2 months if
26convicted of 2 serious traffic violations, committed in a

 

 

HB4386- 35 -LRB098 16892 MLW 51967 b

1commercial motor vehicle, non-CMV while holding a CDL, or any
2combination thereof, arising from separate incidents,
3occurring within a 3 year period, provided the serious traffic
4violation committed in a non-CMV would result in the suspension
5or revocation of the CDL holder's non-CMV privileges. However,
6a person will be disqualified from driving a commercial motor
7vehicle for a period of not less than 4 months if convicted of
83 serious traffic violations, committed in a commercial motor
9vehicle, non-CMV while holding a CDL, or any combination
10thereof, arising from separate incidents, occurring within a 3
11year period, provided the serious traffic violation committed
12in a non-CMV would result in the suspension or revocation of
13the CDL holder's non-CMV privileges. If all the convictions
14occurred in a non-CMV, the disqualification shall be entered
15only if the convictions would result in the suspension or
16revocation of the CDL holder's non-CMV privileges.
17    (e-1) (Blank).
18    (f) Notwithstanding any other provision of this Code, any
19driver disqualified from operating a commercial motor vehicle,
20pursuant to this UCDLA, shall not be eligible for restoration
21of commercial driving privileges during any such period of
22disqualification.
23    (g) After suspending, revoking, or cancelling a commercial
24driver's license, the Secretary of State must update the
25driver's records to reflect such action within 10 days. After
26suspending or revoking the driving privilege of any person who

 

 

HB4386- 36 -LRB098 16892 MLW 51967 b

1has been issued a CDL or commercial driver instruction permit
2from another jurisdiction, the Secretary shall originate
3notification to such issuing jurisdiction within 10 days.
4    (h) The "disqualifications" referred to in this Section
5shall not be imposed upon any commercial motor vehicle driver,
6by the Secretary of State, unless the prohibited action(s)
7occurred after March 31, 1992.
8    (i) A person is disqualified from driving a commercial
9motor vehicle in accordance with the following:
10        (1) For 6 months upon a first conviction of paragraph
11    (2) of subsection (b) or subsection (b-3) of Section 6-507
12    of this Code.
13        (2) For 2 years upon a second conviction of paragraph
14    (2) of subsection (b) or subsection (b-3) or any
15    combination of paragraphs (2) or (3) of subsection (b) or
16    subsections (b-3) or (b-5) of Section 6-507 of this Code
17    within a 10-year period if the second conviction is a
18    violation of paragraph (2) of subsection (b) or subsection
19    (b-3).
20        (3) For 3 years upon a third or subsequent conviction
21    of paragraph (2) of subsection (b) or subsection (b-3) or
22    any combination of paragraphs (2) or (3) of subsection (b)
23    or subsections (b-3) or (b-5) of Section 6-507 of this Code
24    within a 10-year period if the third or subsequent
25    conviction is a violation of paragraph (2) of subsection
26    (b) or subsection (b-3).

 

 

HB4386- 37 -LRB098 16892 MLW 51967 b

1        (4) For one year upon a first conviction of paragraph
2    (3) of subsection (b) or subsection (b-5) of Section 6-507
3    of this Code.
4        (5) For 3 years upon a second conviction of paragraph
5    (3) of subsection (b) or subsection (b-5) or any
6    combination of paragraphs (2) or (3) of subsection (b) or
7    subsections (b-3) or (b-5) of Section 6-507 of this Code
8    within a 10-year period if the second conviction is a
9    violation of paragraph (3) of subsection (b) or (b-5).
10        (6) For 5 years upon a third or subsequent conviction
11    of paragraph (3) of subsection (b) or subsection (b-5) or
12    any combination of paragraphs (2) or (3) of subsection (b)
13    or subsections (b-3) or (b-5) of Section 6-507 of this Code
14    within a 10-year period if the third or subsequent
15    conviction is a violation of paragraph (3) of subsection
16    (b) or (b-5).
17    (j) Disqualification for railroad-highway grade crossing
18violation.
19        (1) General rule. A driver who is convicted of a
20    violation of a federal, State, or local law or regulation
21    pertaining to one of the following 6 offenses at a
22    railroad-highway grade crossing must be disqualified from
23    operating a commercial motor vehicle for the period of time
24    specified in paragraph (2) of this subsection (j) if the
25    offense was committed while operating a commercial motor
26    vehicle:

 

 

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1            (i) For drivers who are not required to always
2        stop, failing to slow down and check that the tracks
3        are clear of an approaching train or railroad track
4        equipment, as described in subsection (a-5) of Section
5        11-1201 of this Code;
6            (ii) For drivers who are not required to always
7        stop, failing to stop before reaching the crossing, if
8        the tracks are not clear, as described in subsection
9        (a) of Section 11-1201 of this Code;
10            (iii) For drivers who are always required to stop,
11        failing to stop before driving onto the crossing, as
12        described in Section 11-1202 of this Code;
13            (iv) For all drivers, failing to have sufficient
14        space to drive completely through the crossing without
15        stopping, as described in subsection (b) of Section
16        11-1425 of this Code;
17            (v) For all drivers, failing to obey a traffic
18        control device or the directions of an enforcement
19        official at the crossing, as described in subdivision
20        (a)2 of Section 11-1201 of this Code;
21            (vi) For all drivers, failing to negotiate a
22        crossing because of insufficient undercarriage
23        clearance, as described in subsection (d-1) of Section
24        11-1201 of this Code.
25        (2) Duration of disqualification for railroad-highway
26    grade crossing violation.

 

 

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1            (i) First violation. A driver must be disqualified
2        from operating a commercial motor vehicle for not less
3        than 60 days if the driver is convicted of a violation
4        described in paragraph (1) of this subsection (j) and,
5        in the three-year period preceding the conviction, the
6        driver had no convictions for a violation described in
7        paragraph (1) of this subsection (j).
8            (ii) Second violation. A driver must be
9        disqualified from operating a commercial motor vehicle
10        for not less than 120 days if the driver is convicted
11        of a violation described in paragraph (1) of this
12        subsection (j) and, in the three-year period preceding
13        the conviction, the driver had one other conviction for
14        a violation described in paragraph (1) of this
15        subsection (j) that was committed in a separate
16        incident.
17            (iii) Third or subsequent violation. A driver must
18        be disqualified from operating a commercial motor
19        vehicle for not less than one year if the driver is
20        convicted of a violation described in paragraph (1) of
21        this subsection (j) and, in the three-year period
22        preceding the conviction, the driver had 2 or more
23        other convictions for violations described in
24        paragraph (1) of this subsection (j) that were
25        committed in separate incidents.
26    (k) Upon notification of a disqualification of a driver's

 

 

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1commercial motor vehicle privileges imposed by the U.S.
2Department of Transportation, Federal Motor Carrier Safety
3Administration, in accordance with 49 C.F.R. 383.52, the
4Secretary of State shall immediately record to the driving
5record the notice of disqualification and confirm to the driver
6the action that has been taken.
7    (l) A foreign commercial driver is subject to
8disqualification under this Section.
9(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
1098-122, eff. 1-1-14.)
 
11    (Text of Section after amendment by P.A. 98-176)
12    Sec. 6-514. Commercial driver's license (CDL); commercial
13learner's permit (CLP); disqualifications. Commercial Driver's
14License (CDL) - Disqualifications.
15    (a) A person shall be disqualified from driving a
16commercial motor vehicle for a period of not less than 12
17months for the first violation of:
18        (1) Refusing to submit to or failure to complete a test
19    or tests authorized under Section 11-501.1 while driving a
20    commercial motor vehicle or, if the driver is a CLP or CDL
21    holder, while driving a non-CMV; or
22        (2) Operating a commercial motor vehicle while the
23    alcohol concentration of the person's blood, breath or
24    urine is at least 0.04, or any amount of a drug, substance,
25    or compound in the person's blood or urine resulting from

 

 

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1    the unlawful use or consumption of cannabis listed in the
2    Cannabis Control Act, a controlled substance listed in the
3    Illinois Controlled Substances Act, or methamphetamine as
4    listed in the Methamphetamine Control and Community
5    Protection Act as indicated by a police officer's sworn
6    report or other verified evidence; or operating a
7    non-commercial motor vehicle while the alcohol
8    concentration of the person's blood, breath, or urine was
9    above the legal limit defined in Section 11-501.1 or
10    11-501.8 or any amount of a drug, substance, or compound in
11    the person's blood or urine resulting from the unlawful use
12    or consumption of cannabis listed in the Cannabis Control
13    Act, a controlled substance listed in the Illinois
14    Controlled Substances Act, or methamphetamine as listed in
15    the Methamphetamine Control and Community Protection Act
16    as indicated by a police officer's sworn report or other
17    verified evidence while holding a CLP or CDL; or
18        (3) Conviction for a first violation of:
19            (i) Driving a commercial motor vehicle or, if the
20        driver is a CLP or CDL holder, driving a non-CMV while
21        under the influence of alcohol, or any other drug, or
22        combination of drugs to a degree which renders such
23        person incapable of safely driving; or
24            (ii) Knowingly leaving the scene of an accident
25        while operating a commercial motor vehicle or, if the
26        driver is a CLP or CDL holder, while driving a non-CMV;

 

 

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1        or
2            (iii) Driving a commercial motor vehicle or, if the
3        driver is a CLP or CDL holder, driving a non-CMV while
4        committing any felony; or
5            (iv) Driving a commercial motor vehicle while the
6        person's driving privileges or driver's license or
7        permit is revoked, suspended, or cancelled or the
8        driver is disqualified from operating a commercial
9        motor vehicle; or
10            (v) Causing a fatality through the negligent
11        operation of a commercial motor vehicle, including but
12        not limited to the crimes of motor vehicle
13        manslaughter, homicide by a motor vehicle, and
14        negligent homicide.
15            As used in this subdivision (a)(3)(v), "motor
16        vehicle manslaughter" means the offense of involuntary
17        manslaughter if committed by means of a vehicle;
18        "homicide by a motor vehicle" means the offense of
19        first degree murder or second degree murder, if either
20        offense is committed by means of a vehicle; and
21        "negligent homicide" means reckless homicide under
22        Section 9-3 of the Criminal Code of 1961 or the
23        Criminal Code of 2012 and aggravated driving under the
24        influence of alcohol, other drug or drugs,
25        intoxicating compound or compounds, or any combination
26        thereof under subdivision (d)(1)(F) of Section 11-501

 

 

HB4386- 43 -LRB098 16892 MLW 51967 b

1        of this Code.
2        If any of the above violations or refusals occurred
3    while transporting hazardous material(s) required to be
4    placarded, the person shall be disqualified for a period of
5    not less than 3 years; or
6        (4) If the person is a qualifying patient licensed
7    under the Compassionate Use of Medical Cannabis Pilot
8    Program Act who is in possession of a valid registry card
9    issued under that Act, operating a commercial motor vehicle
10    under impairment resulting from the consumption of
11    cannabis, as determined by failure of standardized field
12    sobriety tests administered by a law enforcement officer as
13    directed by subsection (a-5) of Section 11-501.2.
14    (b) A person is disqualified for life for a second
15conviction of any of the offenses specified in paragraph (a),
16or any combination of those offenses, arising from 2 or more
17separate incidents.
18    (c) A person is disqualified from driving a commercial
19motor vehicle for life if the person either (i) uses a
20commercial motor vehicle in the commission of any felony
21involving the manufacture, distribution, or dispensing of a
22controlled substance, or possession with intent to
23manufacture, distribute or dispense a controlled substance or
24(ii) if the person is a CLP or CDL holder, uses a non-CMV in the
25commission of a felony involving any of those activities.
26    (d) The Secretary of State may, when the United States

 

 

HB4386- 44 -LRB098 16892 MLW 51967 b

1Secretary of Transportation so authorizes, issue regulations
2in which a disqualification for life under paragraph (b) may be
3reduced to a period of not less than 10 years. If a reinstated
4driver is subsequently convicted of another disqualifying
5offense, as specified in subsection (a) of this Section, he or
6she shall be permanently disqualified for life and shall be
7ineligible to again apply for a reduction of the lifetime
8disqualification.
9    (e) A person is disqualified from driving a commercial
10motor vehicle for a period of not less than 2 months if
11convicted of 2 serious traffic violations, committed in a
12commercial motor vehicle, non-CMV while holding a CLP or CDL,
13or any combination thereof, arising from separate incidents,
14occurring within a 3 year period, provided the serious traffic
15violation committed in a non-CMV would result in the suspension
16or revocation of the CLP or CDL holder's non-CMV privileges.
17However, a person will be disqualified from driving a
18commercial motor vehicle for a period of not less than 4 months
19if convicted of 3 serious traffic violations, committed in a
20commercial motor vehicle, non-CMV while holding a CLP or CDL,
21or any combination thereof, arising from separate incidents,
22occurring within a 3 year period, provided the serious traffic
23violation committed in a non-CMV would result in the suspension
24or revocation of the CLP or CDL holder's non-CMV privileges. If
25all the convictions occurred in a non-CMV, the disqualification
26shall be entered only if the convictions would result in the

 

 

HB4386- 45 -LRB098 16892 MLW 51967 b

1suspension or revocation of the CLP or CDL holder's non-CMV
2privileges.
3    (e-1) (Blank).
4    (f) Notwithstanding any other provision of this Code, any
5driver disqualified from operating a commercial motor vehicle,
6pursuant to this UCDLA, shall not be eligible for restoration
7of commercial driving privileges during any such period of
8disqualification.
9    (g) After suspending, revoking, or cancelling a CLP or CDL,
10the Secretary of State must update the driver's records to
11reflect such action within 10 days. After suspending or
12revoking the driving privilege of any person who has been
13issued a CLP or CDL from another jurisdiction, the Secretary
14shall originate notification to such issuing jurisdiction
15within 10 days.
16    (h) The "disqualifications" referred to in this Section
17shall not be imposed upon any commercial motor vehicle driver,
18by the Secretary of State, unless the prohibited action(s)
19occurred after March 31, 1992.
20    (i) A person is disqualified from driving a commercial
21motor vehicle in accordance with the following:
22        (1) For 6 months upon a first conviction of paragraph
23    (2) of subsection (b) or subsection (b-3) of Section 6-507
24    of this Code.
25        (2) For 2 years upon a second conviction of paragraph
26    (2) of subsection (b) or subsection (b-3) or any

 

 

HB4386- 46 -LRB098 16892 MLW 51967 b

1    combination of paragraphs (2) or (3) of subsection (b) or
2    subsections (b-3) or (b-5) of Section 6-507 of this Code
3    within a 10-year period if the second conviction is a
4    violation of paragraph (2) of subsection (b) or subsection
5    (b-3).
6        (3) For 3 years upon a third or subsequent conviction
7    of paragraph (2) of subsection (b) or subsection (b-3) or
8    any combination of paragraphs (2) or (3) of subsection (b)
9    or subsections (b-3) or (b-5) of Section 6-507 of this Code
10    within a 10-year period if the third or subsequent
11    conviction is a violation of paragraph (2) of subsection
12    (b) or subsection (b-3).
13        (4) For one year upon a first conviction of paragraph
14    (3) of subsection (b) or subsection (b-5) of Section 6-507
15    of this Code.
16        (5) For 3 years upon a second conviction of paragraph
17    (3) of subsection (b) or subsection (b-5) or any
18    combination of paragraphs (2) or (3) of subsection (b) or
19    subsections (b-3) or (b-5) of Section 6-507 of this Code
20    within a 10-year period if the second conviction is a
21    violation of paragraph (3) of subsection (b) or (b-5).
22        (6) For 5 years upon a third or subsequent conviction
23    of paragraph (3) of subsection (b) or subsection (b-5) or
24    any combination of paragraphs (2) or (3) of subsection (b)
25    or subsections (b-3) or (b-5) of Section 6-507 of this Code
26    within a 10-year period if the third or subsequent

 

 

HB4386- 47 -LRB098 16892 MLW 51967 b

1    conviction is a violation of paragraph (3) of subsection
2    (b) or (b-5).
3    (j) Disqualification for railroad-highway grade crossing
4violation.
5        (1) General rule. A driver who is convicted of a
6    violation of a federal, State, or local law or regulation
7    pertaining to one of the following 6 offenses at a
8    railroad-highway grade crossing must be disqualified from
9    operating a commercial motor vehicle for the period of time
10    specified in paragraph (2) of this subsection (j) if the
11    offense was committed while operating a commercial motor
12    vehicle:
13            (i) For drivers who are not required to always
14        stop, failing to slow down and check that the tracks
15        are clear of an approaching train or railroad track
16        equipment, as described in subsection (a-5) of Section
17        11-1201 of this Code;
18            (ii) For drivers who are not required to always
19        stop, failing to stop before reaching the crossing, if
20        the tracks are not clear, as described in subsection
21        (a) of Section 11-1201 of this Code;
22            (iii) For drivers who are always required to stop,
23        failing to stop before driving onto the crossing, as
24        described in Section 11-1202 of this Code;
25            (iv) For all drivers, failing to have sufficient
26        space to drive completely through the crossing without

 

 

HB4386- 48 -LRB098 16892 MLW 51967 b

1        stopping, as described in subsection (b) of Section
2        11-1425 of this Code;
3            (v) For all drivers, failing to obey a traffic
4        control device or the directions of an enforcement
5        official at the crossing, as described in subdivision
6        (a)2 of Section 11-1201 of this Code;
7            (vi) For all drivers, failing to negotiate a
8        crossing because of insufficient undercarriage
9        clearance, as described in subsection (d-1) of Section
10        11-1201 of this Code.
11        (2) Duration of disqualification for railroad-highway
12    grade crossing violation.
13            (i) First violation. A driver must be disqualified
14        from operating a commercial motor vehicle for not less
15        than 60 days if the driver is convicted of a violation
16        described in paragraph (1) of this subsection (j) and,
17        in the three-year period preceding the conviction, the
18        driver had no convictions for a violation described in
19        paragraph (1) of this subsection (j).
20            (ii) Second violation. A driver must be
21        disqualified from operating a commercial motor vehicle
22        for not less than 120 days if the driver is convicted
23        of a violation described in paragraph (1) of this
24        subsection (j) and, in the three-year period preceding
25        the conviction, the driver had one other conviction for
26        a violation described in paragraph (1) of this

 

 

HB4386- 49 -LRB098 16892 MLW 51967 b

1        subsection (j) that was committed in a separate
2        incident.
3            (iii) Third or subsequent violation. A driver must
4        be disqualified from operating a commercial motor
5        vehicle for not less than one year if the driver is
6        convicted of a violation described in paragraph (1) of
7        this subsection (j) and, in the three-year period
8        preceding the conviction, the driver had 2 or more
9        other convictions for violations described in
10        paragraph (1) of this subsection (j) that were
11        committed in separate incidents.
12    (k) Upon notification of a disqualification of a driver's
13commercial motor vehicle privileges imposed by the U.S.
14Department of Transportation, Federal Motor Carrier Safety
15Administration, in accordance with 49 C.F.R. 383.52, the
16Secretary of State shall immediately record to the driving
17record the notice of disqualification and confirm to the driver
18the action that has been taken.
19    (l) A foreign commercial driver is subject to
20disqualification under this Section.
21(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
2298-122, eff. 1-1-14; 98-176, eff. 7-1-14; revised 8-8-13.)
 
23    (625 ILCS 5/6-518)  (from Ch. 95 1/2, par. 6-518)
24    (Text of Section before amendment by P.A. 98-176)
25    Sec. 6-518. Notification of Traffic Convictions.

 

 

HB4386- 50 -LRB098 16892 MLW 51967 b

1    (a) Within 5 days after receiving a report of an Illinois
2conviction, or other verified evidence, of any driver who has
3been issued a CDL by another State or has been issued a foreign
4commercial driver's license, for a violation of any law or
5local ordinance of this State, relating to motor vehicle
6traffic control, other than parking violations, committed in
7any motor vehicle, the Secretary of State must notify the
8driver licensing authority which issued such CDL of said
9conviction.
10    (b) Within 5 days after receiving a report of an Illinois
11conviction, or other verified evidence, of any driver from
12another state who is licensed or unlicensed or holds a foreign
13non-commercial driver's license, for a violation of any law or
14local ordinance of this State, relating to motor vehicle
15traffic control, other than parking violations, committed in a
16commercial motor vehicle, the Secretary of State must notify
17the driver licensing authority which issued the person's
18driver's license of the conviction.
19(Source: P.A. 96-1080, eff. 7-16-10.)
 
20    (Text of Section after amendment by P.A. 98-176)
21    Sec. 6-518. Notification of Traffic Convictions.
22    (a) Within 5 days after receiving a report of an Illinois
23conviction, or other verified evidence, of any driver who has
24been issued a CLP or CDL by another State or has been issued a
25foreign commercial driver's license, for a violation of any law

 

 

HB4386- 51 -LRB098 16892 MLW 51967 b

1or local ordinance of this State, relating to motor vehicle
2traffic control, other than parking violations, committed in
3any motor vehicle, the Secretary of State must notify the
4driver licensing authority which issued such CLP or CDL of said
5conviction.
6    (b) Within 5 days after receiving a report of an Illinois
7conviction, or other verified evidence, of any driver from
8another state who is licensed or unlicensed or holds a foreign
9non-commercial driver's license, for a violation of any law or
10local ordinance of this State, relating to motor vehicle
11traffic control, other than parking violations, committed in a
12commercial motor vehicle, the Secretary of State must notify
13the driver licensing authority which issued the person's
14driver's license of the conviction.
15(Source: P.A. 98-176, eff. 7-1-14.)
 
16    Section 10. "AN ACT concerning transportation", approved
17August 5, 2013, (Public Act 98-176) is amended by changing
18Section 99 as follows:
 
19    (P.A. 98-176, Sec. 99)
20    Sec. 99. Effective date. This Act takes effect July 8, 2015
21July 1, 2014.
22(Source: P.A. 98-176.)
 
23    Section 95. No acceleration or delay. Where this Act makes

 

 

HB4386- 52 -LRB098 16892 MLW 51967 b

1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 999. Effective date. This Act takes effect upon
8becoming law.