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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/6-108
(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
Sec. 6-108. Cancellation of license issued to minor.
(a) The Secretary of State shall cancel the license or permit of any minor
under the age of 18 years in any of the following events:
1. Upon the verified written request of the person | | who consented to the application of the minor that the license or permit be cancelled;
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2. Upon receipt of satisfactory evidence of the death
| | of the person who consented to the application of the minor;
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3. Upon receipt of satisfactory evidence that the
| | person who consented to the application of a minor no longer has legal custody of the minor;
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4. Upon receipt of information, submitted on a form
| | prescribed by the Secretary of State under Section 26-3a of the School Code and provided voluntarily by nonpublic schools, that a license-holding minor no longer meets the school attendance requirements defined in Section 6-107 of this Code.
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| A minor who provides proof acceptable to the
| | Secretary that the minor has resumed regular school attendance or home instruction or that his or her license or permit was cancelled in error shall have his or her license reinstated. The Secretary shall adopt rules for implementing this subdivision (a)4;
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| 5. Upon determination by the Secretary that at the
| | time of license issuance, the minor held an instruction permit and had a traffic citation for which a disposition had not been rendered.
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| After cancellation, the Secretary of State shall not issue a new
license or permit until the applicant meets the provisions of Section
6-107 of this Code.
(b) The Secretary of State shall cancel the license or permit of any
person under the age of 18 years if he or she is convicted of violating
the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical
control of a motor vehicle.
For purposes of this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted.
Any person found guilty of this offense,
while in actual physical control of a motor vehicle, shall have an entry
made in the court record by the judge that this offense did occur
while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of
State as such. After the cancellation, the Secretary of State
shall not issue a new license or permit for a period of one year after the
date of cancellation or until the minor attains the age of 18 years,
whichever is longer.
However, upon application, the Secretary of State
may, if satisfied that the person applying will not endanger the public
safety, or welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle between the person's residence and
person's place of employment or within the scope of the person's employment related
duties, or to allow transportation for
the person or a household member of the person's family for the receipt of
necessary medical care or, if the professional evaluation indicates,
provide transportation for the petitioner for alcohol remedial or
rehabilitative activity, or for the person to attend classes, as a student,
in an accredited educational institution; if the person is able to
demonstrate that no alternative means of transportation is reasonably
available; provided that the Secretary's discretion shall be limited to
cases where undue hardship would result from a failure to issue such
restricted driving permit. In each case the Secretary of State may issue
a restricted driving permit for a period as he
deems appropriate,
except that the permit shall expire no later than 2 years from the date of
issuance. A restricted driving permit issued hereunder shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued hereunder may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary of State may,
as a condition to the issuance of a restricted driving permit, require the
applicant to participate in a driver remedial or rehabilitative
program.
Thereafter, upon reapplication for a license as
provided in Section 6-106 of this Code or a permit as provided in Section
6-105 of this Code and upon payment of the appropriate application fee, the
Secretary of State shall issue the applicant a license as provided in Section
6-106 of this Code or shall issue the applicant a permit as provided in Section 6-105.
(Source: P.A. 100-803, eff. 1-1-19 .)
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625 ILCS 5/6-108.1
(625 ILCS 5/6-108.1)
Sec. 6-108.1. Notice to Secretary; denial of license;
persons under 18.
(a) The State's Attorney must notify the Secretary of the
charges pending
against any person younger than 18 years of age who has been charged
with a violation of this Code, the Criminal Code of 2012, or the Criminal Code of 1961 arising out of a crash in
which the person was involved as a driver and that caused the death of or a
type A injury to another person. A "type A injury" includes severely bleeding
wounds, distorted extremities, and injuries that require the injured party to
be carried from the scene. The State's Attorney must notify the Secretary on a
form prescribed by the Secretary.
(b) The Secretary, upon receiving notification from the State's Attorney,
may
deny any driver's license to any person
younger than 18 years of age against whom the charges are pending.
(c) The State's Attorney must notify the Secretary of the final
disposition of the case of any person who has been denied a driver's license
under subsection (b).
(d) The Secretary must adopt rules for implementing this Section.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-109
(625 ILCS 5/6-109)
Sec. 6-109. Examination of applicants. (a) The Secretary of State shall examine every applicant for a driver's
license or permit who has not been previously licensed as a driver under the
laws of this State or any other state or country, or any applicant for renewal
of such driver's license or permit when such license or permit has been expired
for more than one year. The Secretary of State shall, subject to the
provisions of paragraph (c), examine every licensed driver at least every 8
years, and may examine or re-examine any other applicant or licensed driver,
provided that during the years 1984 through 1991 those drivers issued a license
for 3 years may be re-examined not less than every 7 years or more than every
10 years. The Secretary of State shall require the testing of the eyesight of any
driver's license or permit applicant who has not been previously licensed
as a driver under the laws of this State and shall promulgate rules and
regulations to provide for the orderly administration of all the provisions of
this Section. The Secretary of State shall include at least one test question that concerns the provisions of the Pedestrians with Disabilities Safety Act in the question pool used for the written portion of the driver's license examination within one year after July 22, 2010 (the effective date of Public Act 96-1167). The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, test questions concerning safe driving in the presence of bicycles, of which one may be concerning the Dutch Reach method as described in Section 2-112. The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle as described in Section 11-907. (b) Except as provided for those applicants in paragraph (c), such
examination shall include a test of the applicant's
eyesight, his or her ability to read and understand official traffic control devices,
his or her knowledge of safe driving practices and the traffic laws of this State,
and may include an actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor vehicle, and
such further physical and mental examination as the Secretary of State finds
necessary to determine the applicant's fitness to operate a motor vehicle
safely on the highways, except the examination of an applicant 75 years
of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, the examination of an applicant who has attained that increased age or is older shall include an actual demonstration of the applicant's
ability to exercise ordinary and reasonable control of the operation of
a motor vehicle. All portions of written and verbal examinations under
this Section, excepting where the English language appears on facsimiles
of road signs, may be given in the Spanish language and, at the discretion
of the Secretary of State, in any other language as well as in English upon
request of the examinee. Deaf persons who are otherwise qualified are not
prohibited from being issued a license, other than a commercial driver's
license, under this Code. (c) Re-examination for those applicants who at the time of renewing their
driver's license possess a driving record devoid of any convictions of traffic
violations or evidence of committing an offense
for which mandatory revocation
would be required upon conviction pursuant to Section 6-205 at the time
of renewal shall be in a manner prescribed by the Secretary
in order to determine an applicant's ability to safely operate a motor
vehicle,
except that every applicant for the renewal of a driver's license who is
75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, every applicant for the renewal of a driver's license who has attained that increased age or is older must prove, by an actual demonstration,
the applicant's ability to exercise reasonable care in the safe operation
of a motor vehicle. (d) In the event the applicant is not ineligible under the provisions of
Section 6-103 to receive a driver's license, the Secretary of State
shall make provision for giving an examination, either in the county where
the applicant resides or at a place adjacent thereto reasonably convenient
to the applicant, within not more than 30 days from the date said
application is received. (e) The Secretary of State may adopt rules regarding the use of foreign language interpreters during the application and examination process. (Source: P.A. 103-140, eff. 6-30-23.)
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625 ILCS 5/6-110 (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying applicant a
driver's license as applied for, which license shall bear a
distinguishing
number assigned to the licensee, the legal name,
signature, zip
code, date of birth, residence address, and a brief description of the
licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code.
The Secretary may adopt rules to establish informational restrictions that can be placed on the driver's license regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the Secretary,
include a suitable photograph of a type prescribed by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a-2) apply, the license shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times: (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | | (C) Between 10:00 p.m. on Sunday to Thursday,
| | inclusive, and 6:00 a.m. on the following day.
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| (a-2) The driver's license of a person under the age of 18 shall not be invalid as described in subsection (a-1) of this Section if the licensee under the age of 18 was:
(1) accompanied by the licensee's parent or guardian
| | or other person in custody or control of the minor;
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| (2) on an errand at the direction of the minor's
| | parent or guardian, without any detour or stop;
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| (3) in a motor vehicle involved in interstate travel;
(4) going to or returning home from an employment
| | activity, without any detour or stop;
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| (5) involved in an emergency;
(6) going to or returning home from, without any
| | detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the licensee, without any detour or stop;
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| (7) exercising First Amendment rights protected by
| | the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
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| (8) married or had been married or is an emancipated
| | minor under the Emancipation of Minors Act.
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| (a-2.5) The driver's license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of
| | America or another national public service organization; and
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| (2) the sponsoring organization carries liability
| | insurance covering the program.
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| (a-3) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the offense, the provisions of subsection (a-1) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or instruction permit has a current identification card issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit records maintained by the Secretary. The Secretary may promulgate rules to implement this provision.
(a-5) If an applicant for a driver's license is a judicial officer or a peace officer, the applicant may elect to have his or her office or work address listed on the license instead of the applicant's residence or mailing address. The Secretary of State shall adopt rules to implement this subsection (a-5). For the purposes of this subsection (a-5), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations.
(b) Until the Secretary of State establishes a First Person Consent organ and tissue donor registry under Section 6-117 of this Code, the Secretary of State shall provide a format on the reverse of
each driver's license issued which the licensee may use to execute a document
of gift conforming to the provisions of the Illinois Anatomical Gift Act.
The format shall allow the licensee to indicate the gift intended, whether
specific organs, any organ, or the entire body, and shall accommodate the
signatures of the donor and 2 witnesses. The Secretary shall also inform
each applicant or licensee of this format, describe the procedure for its
execution, and may offer the necessary witnesses; provided that in so doing,
the Secretary shall advise the applicant or licensee that he or she is
under no compulsion to execute a document of gift. A brochure
explaining this method of executing an anatomical gift document shall be given
to each applicant or licensee. The brochure shall advise the applicant or
licensee that he or she is under no compulsion to execute a document of
gift, and that he or she may wish to consult with family, friends or clergy
before doing so. The Secretary of State may undertake additional efforts,
including education and awareness activities, to promote organ and tissue
donation.
(c) The Secretary of State shall designate on each driver's license issued
a space where the licensee may place a sticker or decal of the uniform
size as the Secretary may specify, which sticker or decal may indicate in
appropriate language that the owner of the license carries an Emergency
Medical Information Card.
The sticker may be provided by any person, hospital, school,
medical group, or association interested in assisting in implementing
the Emergency Medical Information Card, but shall meet the specifications
as the Secretary may by rule or regulation require.
(d) The Secretary of State shall designate on each driver's license issued
a space where the licensee may indicate his blood type and RH factor.
(e) The Secretary of State shall provide
that each original or renewal driver's license issued to a licensee under
21 years of age shall be of a distinct nature from those driver's licenses
issued to individuals 21 years of age and older. The color designated for
driver's licenses for licensees under 21 years of age shall be at the
discretion of the Secretary of State.
(e-1) The Secretary shall provide that each driver's license issued to a
person under the age of 21 displays the date upon which the person becomes 18
years of age and the date upon which the person becomes 21 years of age.
(e-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including healthcare, education assistance, and job placement. To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue drivers' licenses with the word "veteran" appearing on the face of the licenses. This authorization is predicated on the unique status of veterans. The Secretary may not issue any other driver's license which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the license holder which is unrelated to the purpose of the driver's license.
(e-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal driver's license where, at the request of the applicant, the word "veteran" shall be placed. The veteran designation shall be available to a person identified as a veteran under subsection (e) of Section 6-106 of this Code who was discharged or separated under honorable conditions.
(f) The Secretary of State shall inform all Illinois licensed
commercial motor vehicle operators of the requirements of the Uniform
Commercial Driver License Act, Article V of this Chapter, and shall make
provisions to insure that all drivers, seeking to obtain a commercial
driver's license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times, dates and
locations where these commercial driver's tests shall be conducted. Any
applicant, regardless of the current expiration date of the applicant's
driver's license, may be subject to any assignment by the Secretary.
Failure to comply with the Secretary's assignment may result in the
applicant's forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a
driver's license issued, a space where the licensee may indicate that he or
she has drafted a living will in accordance with the Illinois Living Will
Act or a durable power of attorney for health care in accordance with the
Illinois Power of Attorney Act.
(g-1) The Secretary of State, in his or her discretion, may designate on
each driver's license issued a space where the licensee may place a sticker or
decal, issued by the Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the terms of
this Section is not liable for damages in any civil action or subject to
prosecution in any criminal proceeding for his or her act.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13.)
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625 ILCS 5/6-110.1
(625 ILCS 5/6-110.1)
(Text of Section before amendment by P.A. 103-210 )
Sec. 6-110.1. Confidentiality of captured photographs or images. (a) The
Secretary of State shall maintain a file on or contract to file all photographs
and signatures obtained in the process of issuing a driver's license, permit,
or identification card. Except as otherwise provided in this Section, the photographs and signatures shall be confidential
and shall not be disclosed except to the following persons:
(1) the individual upon written request;
(2) officers and employees of the Secretary of State | | who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;
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(3) law enforcement officials for a civil or criminal
| | law enforcement investigation;
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(3-5) the State Board of Elections for the sole
| | purpose of providing the signatures required by a local election authority to register a voter through an online voter registration system;
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| (3-10) officers and employees of the Secretary of
| | State who have a need to have access to the stored images for purposes of issuing and controlling notary public commissions and for the purpose of providing the signatures required to process online applications for appointment and commission as notaries public; or
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| (4) other entities that the Secretary may authorize
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(b) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws.
(Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
(Text of Section after amendment by P.A. 103-210 )
Sec. 6-110.1. Confidentiality of captured photographs or images.
(a) The
Secretary of State shall maintain a file on or contract to file all photographs
and signatures obtained in the process of issuing a driver's license, permit,
or identification card. Except as otherwise provided in this Section, the photographs and signatures shall be confidential
and shall not be disclosed except to the following persons:
(1) the individual to whom the driver's license or
| | permit was issued, upon written request;
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(2) officers and employees of the Secretary of State
| | who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;
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(3) law enforcement officials for a civil or criminal
| | law enforcement investigation, except as restricted by Section 6-110.3;
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(3-5) the State Board of Elections for the sole
| | purpose of providing the signatures required by a local election authority to register a voter through an online voter registration system;
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| (3-10) officers and employees of the Secretary of
| | State who have a need to have access to the stored images for purposes of issuing and controlling notary public commissions and for the purpose of providing the signatures required to process online applications for appointment and commission as notaries public; or
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| (4) other entities that the Secretary may authorize
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(b) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws.
(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
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625 ILCS 5/6-110.2 (625 ILCS 5/6-110.2) (Text of Section before amendment by P.A. 103-210 ) Sec. 6-110.2. Confidentiality of documents submitted with an application for a driver's license. Documents required to be submitted with an application for a driver's license to prove the applicant's identity (name and date of birth), social security number, written signature, residency, and, as applicable, proof of lawful status shall be confidential and shall not be disclosed except to the following persons: (1) the individual to whom the driver's license or | | permit was issued, upon written request;
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| (2) officers and employees of the Secretary of State
| | who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;
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| (3) law enforcement officials for a civil or criminal
| | law enforcement investigation;
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| (4) other entities that the Secretary may authorize
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(Source: P.A. 101-326, eff. 8-9-19.)
(Text of Section after amendment by P.A. 103-210 )
Sec. 6-110.2. Confidentiality of documents submitted with an application for a driver's license. Documents required to be submitted with an application for a driver's license to prove the applicant's identity (name and date of birth), social security number or lack of a social security number, written signature, residency, and, as applicable, citizenship or immigration status and country of
citizenship shall be confidential and shall not be disclosed except to the following persons:
(1) the individual to whom the driver's license or
| | permit was issued, upon written request;
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| (2) officers and employees of the Secretary of State
| | who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;
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| (3) law enforcement officials for a civil or criminal
| | law enforcement investigation, except as restricted by Section 6-110.3;
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| (4) other entities that the Secretary may authorize
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(Source: P.A. 103-210, eff. 7-1-24.)
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625 ILCS 5/6-110.3 (625 ILCS 5/6-110.3) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 6-110.3. Restrictions on use of information for certain purposes. (a) Notwithstanding any other provision of law, the Secretary may not release or make accessible in
any manner any highly restricted personal information as defined in Section 1-125.9 or
personally identifying information as defined in Section 1-159.2, provide images, photos, or
facial recognition services as described in Section 6-110.1, or disclose documents as described
in Section 6-110.2 to any immigration agent as defined in Section 10 of the Illinois TRUST Act, unless necessary
to comply with the following, to the extent that production of such information or documents is specifically required: (1) a lawful court order; (2) a judicial warrant signed by a judge appointed | | pursuant to Article III of the Constitution of the United States; or
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| (3) a subpoena for individual records issued by a
| | When responding to such a court
order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically
requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about whom such information was requested that a
court order, warrant, or subpoena was received and the identity of the entity that presented the court
order, warrant, or subpoena.
(b) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly
restricted personal information as defined in Section 1-125.9, personally identifying
information as defined in Section 1-159.2, images or photos described in Section 6-110.1, or documents described in Section 6-110.2 unless all other parties to such
agreement certify that the information obtained will not be used for civil immigration purposes or
knowingly disseminated to any third party for any purpose related to civil immigration enforcement.
(Source: P.A. 103-210, eff. 7-1-24.)
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625 ILCS 5/6-112
(625 ILCS 5/6-112) (from Ch. 95 1/2, par. 6-112)
Sec. 6-112. License and Permits to be carried and exhibited on
demand. Every licensee or permittee shall have his drivers license or permit
in his immediate possession at all times when operating a motor vehicle
and, for the purpose of indicating compliance with this requirement,
shall display such license or permit if it is in his possession upon
demand made, when in uniform or displaying a badge or other sign of
authority, by a member of the Illinois State Police, a sheriff or other police
officer or designated agent of the Secretary of State. However, no
person charged with violating this Section shall be convicted if he
produces in court satisfactory evidence that a drivers license was theretofore
issued to him and was valid at the time of his arrest.
For the purposes of this Section, "display" means the manual
surrender of his license certificate into the hands of the
demanding officer for his inspection thereof.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/6-113
(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
Sec. 6-113. Restricted licenses and permits.
(a) The Secretary of
State upon issuing a drivers license or permit shall have the authority
whenever good cause appears to impose restrictions suitable to the
licensee's driving ability with respect to the type of, or special
mechanical control devices required on, a motor vehicle which the
licensee may operate or such other restrictions applicable to the
licensee as the Secretary of State may determine to be appropriate to
assure the safe operation of a motor vehicle by the licensee.
(b) The Secretary of State may either issue a special restricted
license or permit or may set forth such restrictions upon the usual
license or permit form.
(c) The Secretary of State may issue a probationary license to a person
whose driving privileges have been suspended pursuant to subsection (d) of this
Section or subsection (a)(2) of Section 6-206 of this
Code. This subsection (c) does not apply to any driver required to possess a CDL for the purpose of operating a commercial motor vehicle. The Secretary of State shall promulgate rules pursuant to the
Illinois Administrative Procedure Act, setting forth the conditions and
criteria for the issuance and cancellation of probationary licenses.
(d) The Secretary of State may upon receiving satisfactory evidence
of any violation of the restrictions of such license or permit suspend,
revoke or cancel the same without preliminary hearing, but the licensee or
permittee shall be entitled to a hearing as in the case of a suspension
or revocation.
(e) It is unlawful for any person to operate a motor vehicle in any
manner in violation of the restrictions imposed on a restricted license
or permit issued to him.
(f) Whenever the holder of a restricted driving permit is issued a citation
for any of the following offenses including similar local ordinances, the
restricted driving permit is immediately invalidated:
1. Reckless homicide resulting from the operation of | |
2. Violation of Section 11-501 of this Act relating
| | to the operation of a motor vehicle while under the influence of intoxicating liquor or narcotic drugs;
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3. Violation of Section 11-401 of this Act relating
| | to the offense of leaving the scene of a traffic crash involving death or injury;
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4. Violation of Section 11-504 of this Act relating
| | to the offense of drag racing; or
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5. Violation of Section 11-506 of this Act relating
| | to the offense of street racing.
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| The police officer issuing the citation shall confiscate the restricted
driving permit and forward it, along with the citation, to the Clerk of
the Circuit Court of the county in which the citation was issued.
(g) The Secretary of State may issue a special restricted
license for a period of 48 months to individuals using vision aid
arrangements other than standard eyeglasses or contact lenses,
allowing the operation of a motor vehicle during nighttime hours.
The Secretary of State shall adopt rules defining the terms and
conditions by which the individual may obtain and renew this
special restricted license. At a minimum, all drivers must meet
the following requirements:
1. Possess a valid driver's license and have operated
| | a motor vehicle during daylight hours for a period of 12 months using vision aid arrangements other than standard eyeglasses or contact lenses.
|
|
2. Have a driving record that does not include any
| | traffic crashes that occurred during nighttime hours, for which the driver has been found to be at fault, during the 12 months before he or she applied for the special restricted license.
|
|
3. Successfully complete a road test administered
| |
The special restricted license holder must submit to the Secretary annually a vision specialist report from his or her ophthalmologist or optometrist that the special restricted license holder's vision has not changed. If the special restricted license holder fails to submit this vision specialist report, the special restricted license shall be cancelled under Section 6-201 of this Code.
At a minimum, all drivers renewing this license must meet the
following requirements:
1. Successfully complete a road test administered
| |
2. Have a driving record that does not include any
| | traffic crashes that occurred during nighttime hours, for which the driver has been found to be at fault, during the 12 months before he or she applied for the special restricted license.
|
|
(h) Any driver issued a special restricted license as defined in
subsection (g) whose privilege to drive during nighttime hours has been
suspended due to a crash occurring during nighttime hours may request
a hearing as provided in Section 2-118 of this Code to contest that suspension.
If it is
determined that the crash for which the driver was at fault was not
influenced by the driver's use of vision aid arrangements other than standard
eyeglasses or contact lenses, the Secretary may reinstate that driver's
privilege to drive during nighttime hours.
(i) The Secretary of State may issue a special restricted training permit for a period of 6 months to individuals using vision aid arrangements other than standard eyeglasses or contact lenses, allowing the operation of a motor vehicle between sunset and 10:00 p.m. provided the driver is accompanied by a person holding a valid driver's license without nighttime operation restrictions. The Secretary may adopt rules defining the terms and conditions by which the individual may obtain and renew this special restricted training permit. At a minimum, all persons applying for a special restricted training permit must meet the following requirements:
1. Possess a valid driver's license and have
| | operated a motor vehicle during daylight hours for a period of 6 months using vision aid arrangements other than standard eyeglasses or contact lenses.
|
| 2. Have a driving record that does not include any
| | traffic crashes, for which the person has been found to be at fault, during the 6 months before he or she applied for the special restricted training permit.
|
| (j) Whenever the Secretary of State has issued an administrative order requiring an individual to use an ignition interlock device after his or her driver's license has been reinstated, that individual shall be issued a driver's license containing the ignition interlock device restriction. The administrative order shall set forth the duration of the restriction and any other applicable terms and conditions.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-114 (625 ILCS 5/6-114) (from Ch. 95 1/2, par. 6-114)
Sec. 6-114. Duplicate and Corrected Licenses and Permits.
In the event that a drivers license or permit issued under the
provisions of this Act is lost or destroyed, the person to whom the same
was issued may upon application and payment of the required fee obtain a
duplicate or substitute thereof, upon furnishing evidence satisfactory to
the Secretary of State that such permit or license has been lost or
destroyed and if such applicant is not then ineligible under Section 6-103
of this Act. Any person to whom has been issued a drivers license or permit
under the provisions of this Act and who desires to obtain a corrected
permit or license to indicate a correction of legal name or
residence
address or to correct a
statement appearing upon the original permit or license may upon
application and payment of the required fee obtain a corrected permit or
license. The original permit or license must accompany the application for
correction or evidence must be furnished satisfactory to the Secretary of
State that such permit or license has been lost or destroyed.
(Source: P.A. 93-895, eff. 1-1-05.)
|
625 ILCS 5/6-115
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of
this Code shall
expire 4 years from the date of its issuance, or at such later
date, as the Secretary of State may by proper rule and regulation designate,
not to exceed 12 calendar months; in the event
that an applicant for renewal of a driver's license fails
to apply prior to
the expiration date of the previous driver's license, the renewal driver's
license
shall expire 4 years from the expiration date of the previous
driver's license, or at such later date as the Secretary of State may
by proper rule and
regulation designate, not to exceed 12 calendar months.
The Secretary of State may, however, issue to a
person not previously licensed as a driver in Illinois a driver's
license
which will expire not less than 4 years nor more than 5
years from date of
issuance, except as provided elsewhere in this Section.
(a-5) Every driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall expire on whichever is the earlier date of the following: (1) as provided under subsection (a), (f), (g), or | | (2) on the date the applicant's authorized stay in
| | the United States terminates; or
|
| (3) if the applicant's authorized stay is
| | indefinite and the applicant is applying for a Limited Term REAL ID compliant driver's license, one year from the date of issuance of the license.
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| (a-10) Every REAL ID compliant driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall be marked "Limited Term".
(b) Before the expiration of a driver's license, except those
licenses expiring on the individual's 21st birthday, or 3 months after
the individual's 21st birthday, the holder thereof may apply for a renewal
thereof, subject to all the provisions of Section 6-103, and the Secretary
of State may require an examination of the applicant. A licensee
whose driver's license expires on his 21st birthday, or 3 months after
his 21st birthday, may not apply for a renewal of his driving privileges
until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the expiration of a
driver's license, forward to each person whose license
is to expire a
notification of the expiration of said license which may
be presented at the time of renewal of said license.
There may be included with such notification information explaining
the anatomical gift and Emergency Medical Information Card provisions of
Section 6-110. The format and text of such information
shall be prescribed by the Secretary.
There shall be included with such notification,
for a period of 4 years beginning January 1, 2000 information regarding the
Illinois Adoption Registry and Medical Information Exchange established in
Section 18.1 of the Adoption Act.
(d) The Secretary may defer the expiration of the driver's license
of a licensee, spouse, and dependent children who are living with such licensee
while on active duty, serving in the Armed Forces of the United
States outside of the State of Illinois, and 120 days thereafter, upon such
terms and conditions as the Secretary may prescribe.
(d-5) The Secretary may defer the expiration of the driver's license of a licensee, or of a spouse or dependent children living with the licensee, serving as a civilian employee of the United States Armed Forces or the United States Department of Defense, outside of the State of Illinois, and 120 days thereafter, upon such terms and conditions as the Secretary may prescribe.
(e) The Secretary of State may decline to process a renewal of a driver's
license
of any person who has not paid any fee or tax due under this Code and is not
paid upon reasonable notice and demand.
(f) The Secretary shall provide that each original or renewal driver's
license issued to a licensee under 21 years of age shall expire 3 months
after the licensee's 21st birthday. Persons whose current driver's licenses
expire on their 21st birthday on or after January 1, 1986 shall not renew their
driver's license before their 21st birthday, and their current driver's
license will be extended for an additional term of 3 months beyond their
21st birthday. Thereafter, the expiration and term of the driver's license
shall be governed by subsection (a) hereof.
(g) The Secretary shall provide that each original or renewal driver's
license issued to a licensee 81 years of age through age 86 shall expire 2
years from the date of issuance, or at such later date as the Secretary may
by rule and regulation designate, not to exceed an additional 12 calendar
months. The
Secretary shall also provide that each original or renewal driver's license
issued to a licensee 87 years of age or older shall expire 12 months from
the date of issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12 calendar months.
(h) The Secretary of State shall provide that each special
restricted driver's license issued under subsection (g) of Section
6-113 of this Code shall expire 12 months from the date of
issuance. The Secretary shall adopt rules defining renewal
requirements.
(i) The Secretary of State shall provide that each driver's license issued to a person convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall expire 12 months from the date of issuance or at such date as the Secretary may by rule designate, not to exceed an additional 12 calendar months. The Secretary may adopt rules defining renewal requirements.
(Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22 .)
|
625 ILCS 5/6-116 (625 ILCS 5/6-116) (from Ch. 95 1/2, par. 6-116)
Sec. 6-116. Notice of Change of Residence Address or Legal
Name.
(a) Whenever any person after applying for or receiving a drivers
license or
permit moves from the residence address named in such application or on the
license
or permit issued to him such person shall within 10 days
thereafter notify the Drivers Services Department of the Secretary of State's
Office in writing of his old and new
residence
addresses and of the number of any
license
or permit then held by him. Such person may obtain a corrected license or
permit as provided in Section 6-114.
(b) Any person whose legal name has changed from the name on the license
or permit that he or she has been previously issued must apply for a corrected
card within 30 days after the change.
(Source: P.A. 93-895, eff. 1-1-05.)
|
625 ILCS 5/6-116.5
(625 ILCS 5/6-116.5)
Sec. 6-116.5.
Driver's duty to report medical condition.
Every driver shall report to the Secretary any medical
condition, as defined by the Driver's License Medical Review Law of 1992, that
is likely to cause loss of consciousness or any loss of ability
to safely operate a motor vehicle within 10 days of the driver becoming aware
of the condition. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
All information furnished to the Secretary under the provisions of this
Section shall be deemed confidential and for the privileged use of the Secretary in accordance with the provisions of subsection (j) of Section 2-123 of this Code.
(Source: P.A. 89-584, eff. 7-31-96 .)
|
625 ILCS 5/6-117
(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
Sec. 6-117. Records to be kept by the Secretary of State.
(a) The Secretary of State shall file every application for a license or
permit accepted under this Chapter, and shall maintain suitable
indexes thereof. The records of the Secretary of State shall indicate the
action taken with respect to such applications.
(b) The Secretary of State shall maintain appropriate records of all
licenses and permits refused, cancelled, disqualified, revoked, or suspended and of the
revocation,
suspension, and disqualification of driving privileges of persons not licensed
under this Chapter, and such records shall note the reasons for such
action.
(c) The Secretary of State shall maintain appropriate records of
convictions reported under this Chapter. Records of conviction may be
maintained in a computer processible medium.
(d) The Secretary of State may also maintain appropriate records of any
crash reports received.
(e) The Secretary of State shall also maintain appropriate records
of any disposition of supervision or records
relative
to a driver's referral to a driver remedial or rehabilitative program, as
required by the Secretary of State or the courts. Such records shall only
be available for use by the Secretary, the driver licensing administrator of any other state, law enforcement agencies, the
courts, and the affected driver or, upon proper verification,
such affected driver's attorney.
(f) The Secretary of State shall also maintain or contract to maintain
appropriate records of all photographs and signatures obtained in the process
of issuing any driver's license, permit, or identification card. The record
shall be confidential and shall not be disclosed except to those entities
listed under Section 6-110.1 of this Code.
(g) The Secretary of State may establish a First Person Consent organ and tissue donor registry in compliance with subsection (b-1) of Section 5-20 of the Illinois Anatomical Gift Act, as follows: (1) The Secretary shall offer, to each applicant for | | issuance or renewal of a driver's license or identification card who is 16 years of age or older, the opportunity to have his or her name included in the First Person Consent organ and tissue donor registry. The Secretary must advise the applicant or licensee that he or she is under no compulsion to have his or her name included in the registry. An individual who agrees to having his or her name included in the First Person Consent organ and tissue donor registry has given full legal consent to the donation of any of his or her organs or tissue upon his or her death. A brochure explaining this method of executing an anatomical gift must be given to each applicant for issuance or renewal of a driver's license or identification card. The brochure must advise the applicant or licensee (i) that he or she is under no compulsion to have his or her name included in this registry and (ii) that he or she may wish to consult with family, friends, or clergy before doing so.
|
| (2) The Secretary of State may establish additional
| | methods by which an individual may have his or her name included in the First Person Consent organ and tissue donor registry.
|
| (3) When an individual has agreed to have his or her
| | name included in the First Person Consent organ and tissue donor registry, the Secretary of State shall note that agreement in the First Person consent organ and tissue donor registry. Representatives of federally designated organ procurement agencies and tissue banks and the offices of Illinois county coroners and medical examiners may inquire of the Secretary of State whether a potential organ donor's name is included in the First Person Consent organ and tissue donor registry, and the Secretary of State may provide that information to the representative.
|
| (4) An individual may withdraw his or her consent to
| | be listed in the First Person Consent organ and tissue donor registry maintained by the Secretary of State by notifying the Secretary of State in writing, or by any other means approved by the Secretary, of the individual's decision to have his or her name removed from the registry.
|
| (5) The Secretary of State may undertake additional
| | efforts, including education and awareness activities, to promote organ and tissue donation.
|
| (6) In the absence of gross negligence or willful
| | misconduct, the Secretary of State and his or her employees are immune from any civil or criminal liability in connection with an individual's consent to be listed in the organ and tissue donor registry.
|
| (Source: P.A. 102-982, eff. 7-1-23 .)
|
625 ILCS 5/6-117.1 (625 ILCS 5/6-117.1) Sec. 6-117.1. Prohibited use of driver's license information. (a) When information is obtained from a driver's license to identify or prove the age of the holder of the license, or in the course of a commercial transaction, that information may be used only for purposes of identification of the individual or for completing the commercial transaction in which the information was obtained, including all subsequent payment, processing, collection, and other related actions. Information obtained from a driver's license may not be used for purposes unrelated to the transaction in which it was obtained, including, but not limited to, commercial solicitations. Information obtained from a driver's license to identify the holder of the license, or in the course of a commercial transaction, may not be sold, leased, or otherwise provided to any third party. (b) Any individual whose driver's license information has been used in violation of this Section has a cause of action against the person who violated this Section. Upon a finding that a violation did occur, the individual whose information was used in violation of this Section is entitled to recover actual damages, but not less than liquidated damages in the amount of $250 for each violation, plus attorney's fees and the costs of bringing the action. (c) Use of information contained on a driver's license is not a violation of this Section if (i) the individual whose information has been used gave express permission for that use or (ii) the information relating to the individual was obtained from a source other than the individual's driver's license. (d) This Section does not apply to any agency of the United States, the State of Illinois, or any other state or political subdivision thereof. (e) This Section does not apply to the transfer of information to a third party if (i) a federal or State law, rule, or regulation requires that the information be transferred to a third party after being recorded in specified transactions or (ii) the information is transferred to a third party for purposes of the detection or possible prosecution of criminal offenses or fraud. If information is transferred to a third party under this subsection (e), it may be used only for the purposes authorized by this subsection (e).
(f) This Section does not apply to the use of information obtained from a driver's license which has been provided by the holder of the license in the course of a potential or completed employment, commercial, business or professional transaction for the purpose of completing written documents including, but not limited to, contracts, agreements, purchase orders, retail installment contracts, buyer's orders, purchase contracts, repair orders, applications, disclosure forms or waiver forms.
(Source: P.A. 94-892, eff. 1-1-07.) |
625 ILCS 5/6-117.2 (625 ILCS 5/6-117.2) Sec. 6-117.2. Emergency contact database. (a) The Secretary of State shall establish a database of the emergency contacts of persons who hold a driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State. Information in the database shall be accessible only to employees of the Office of the Secretary and law enforcement officers employed by a law enforcement agency. Law enforcement officers may share information contained in the emergency contact database, including disabilities and special needs information, with other public safety workers on scene, as needed to conduct official law enforcement duties. (b) Any person holding a driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, the name, address, telephone number, and relationship to the holder of no more than 2 emergency contact persons whom the holder wishes to be contacted by a law enforcement officer if the holder is involved in a motor vehicle crash or other emergency situation and the holder is unable to communicate with the contact person or persons and may designate whether the holder has a disability or is a special needs individual. A contact person need not be the holder's next of kin. (c) The Secretary shall adopt rules to implement this Section. At a minimum, the rules shall address all of the following: (1) the method whereby a holder may provide the | | Secretary of State with emergency contact, disability, and special needs information;
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| (2) the method whereby a holder may provide the
| | Secretary of State with a change to the emergency contact, disability, and special needs information; and
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| (3) any other aspect of the database or its operation
| | that the Secretary determines is necessary to implement this Section.
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| (d) If a person involved in a motor vehicle crash or other emergency situation is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation. Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer incurs any liability, however, if the law enforcement officer is not able to make contact with the contact person. Except for willful or wanton misconduct, neither the law enforcement officer, nor the law enforcement agency that employs the law enforcement officer, shall incur any liability relating to the reporting or use of the database during a motor vehicle crash or other emergency situation.
(e) The Secretary of State shall make a good faith effort to maintain accurate data as provided by the driver's license or instruction permit holder and to provide that information to law enforcement as provided in subsection (a). The Secretary of State is not liable for any damages, costs, or expenses, including, without limitation, consequential damages, arising or resulting from any inaccurate or incomplete data or system unavailability. Except for willful or wanton misconduct, the Secretary of State shall not incur any liability relating to the reporting of disabilities or special needs individuals.
(f) As used in this Section:
"Disability" means an individual's physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment; or when the individual is regarded as having such impairment.
"Public safety worker" means a person employed by this State or a political subdivision thereof that provides firefighting, law enforcement, medical or other emergency services.
"Special needs individuals" means those individuals who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required by individuals generally.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-118
(625 ILCS 5/6-118)
Sec. 6-118. Fees. (a) The fees for licenses and permits under this
Article are as follows: Original driver's license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$30 Original or renewal driver's license issued to 18, 19 and 20 year olds . . . . . . . . . . . . . . . . . . .
5 All driver's licenses for persons age 69 through age 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 All driver's licenses for persons age 81 through age 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 All driver's licenses for persons age 87 or older . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0 Renewal driver's license (except for applicants ages 18, 19 and 20 or age 69 and older) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Original instruction permit issued to persons (except those age 69 and older) who do not hold or have not previously held an Illinois instruction permit or driver's license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Instruction permit issued to any person holding an Illinois driver's license who wishes a change in classifications, other than at the time of renewal . . . . . . . . . . . . . . . . . . .
5 Any instruction permit issued to a person age 69 and older . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Instruction permit issued to any person, under age 69, not currently holding a valid Illinois driver's license or instruction permit but who has previously been issued either document in Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Restricted driving permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Monitoring device driving permit . . . . . . . . . . . . . . . . . . . . . . .
8 Duplicate or corrected driver's license or permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Duplicate or corrected restricted driving permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Duplicate or corrected monitoring device driving permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Duplicate driver's license or permit issued to an active-duty member of the United States Armed Forces, the member's spouse, or the dependent children living with the member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0 Original or renewal M or L endorsement . . . . . . . . . . . . . . . . . .
5 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE The fees for commercial driver licenses and permits | | under Article V shall be as follows:
|
| Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification . . . . . . . . . . . . . . . . . . . .
$50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction . . . . . . . . . . . . . . . . . . . . . . . . .
$5
CDL duplicate or corrected license . . . . . . . . . . . . . . . . . . . . .
$5
In order to ensure the proper implementation of the Uniform Commercial
Driver License Act, Article V of this Chapter, the Secretary of State is
empowered to prorate the $24 fee for the commercial driver's license
proportionate to the expiration date of the applicant's Illinois driver's
license.
The fee for any duplicate license or permit shall be waived for any
person who presents the Secretary of State's office with a
police report showing that his license or permit was stolen.
The fee for any duplicate license or permit shall be waived for any
person age 60 or older whose driver's license or permit has been lost or stolen.
No additional fee shall be charged for a driver's license, or for a
commercial driver's license, when issued
to the holder of an instruction permit for the same classification or
type of license who becomes eligible for such
license.
The fee for a restricted driving permit under this subsection (a) shall be imposed annually until the expiration of the permit.
(a-5) The fee for a driver's record or data contained therein is $20 and shall be disbursed as set forth in subsection (k) of Section 2-123 of this Code.
(b) Any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked under Section 3-707, any
provision of
Chapter 6, Chapter 11, or Section 7-205, 7-303, or 7-702 of the Family
Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707 . . . . . . . . . . . . . . . . . . . . . .
$100
Suspension under Section 11-1431 . . . . . . . . . . . . . . . . . . . . .
$100
Summary suspension under Section 11-501.1 . . . . . . . . . . . .
$250
Suspension under Section 11-501.9 . . . . . . . . . . . . . . . . . . . .
$250
Summary revocation under Section 11-501.1 . . . . . . . . . . . . .
$500
Other suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$70
Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$500
However, any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked for a second or subsequent time
for a violation of Section 11-501, 11-501.1, or 11-501.9
of this Code or a similar provision of a local ordinance
or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense
or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
shall pay, in addition to any other
fees required by this Code, a
reinstatement
fee as follows:
Summary suspension under Section 11-501.1 . . . . . . . . . . . . .
$500
Suspension under Section 11-501.9 . . . . . . . . . . . . . . . . . . . .
$500
Summary revocation under Section 11-501.1 . . . . . . . . . . . . .
$500
Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$500
(c) All fees collected under the provisions of this Chapter 6 shall be disbursed under subsection (g) of Section 2-119 of this Code,
except as follows:
1. The following amounts shall be paid into the
| | (A) $16 of the $20 fee for an original driver's
| | (B) $5 of the $30 fee for an original driver's
| | (C) $5 of the $30 fee for a 4 year renewal
| | (D) $4 of the $8 fee for a restricted driving
| | (E) $4 of the $8 fee for a monitoring device
| | 2. $30 of the $250 fee for reinstatement of a license
| | summarily suspended under Section 11-501.1 or suspended under Section 11-501.9 shall be deposited into the Drunk and Drugged Driving Prevention Fund. However, for a person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11-501, 11-501.1, or 11-501.9 of this Code or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, $190 of the $500 fee for reinstatement of a license summarily suspended under Section 11-501.1 or suspended under Section 11-501.9, and $190 of the $500 fee for reinstatement of a revoked license shall be deposited into the Drunk and Drugged Driving Prevention Fund. $190 of the $500 fee for reinstatement of a license summarily revoked pursuant to Section 11-501.1 shall be deposited into the Drunk and Drugged Driving Prevention Fund.
|
| 3. $6 of the original or renewal fee for a commercial
| | driver's license and $6 of the commercial learner's permit fee when the permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
|
| 4. $30 of the $70 fee for reinstatement of a license
| | suspended under the Family Financial Responsibility Law shall be paid into the Family Responsibility Fund.
|
| 5. The $5 fee for each original or renewal M or L
| | endorsement shall be deposited into the Cycle Rider Safety Training Fund.
|
| 6. $20 of any original or renewal fee for a
| | commercial driver's license or commercial learner's permit shall be paid into the Motor Carrier Safety Inspection Fund.
|
| 7. The following amounts shall be paid into the
| | (A) $190 of the $250 reinstatement fee for a
| | summary suspension under Section 11-501.1 or a suspension under Section 11-501.9;
|
| (B) $40 of the $70 reinstatement fee for any
| | other suspension provided in subsection (b) of this Section; and
|
| (C) $440 of the $500 reinstatement fee for a
| | first offense revocation and $310 of the $500 reinstatement fee for a second or subsequent revocation.
|
| 8. Fees collected under paragraph (4) of subsection
| | (d) and subsection (h) of Section 6-205 of this Code; subparagraph (C) of paragraph 3 of subsection (c) of Section 6-206 of this Code; and paragraph (4) of subsection (a) of Section 6-206.1 of this Code, shall be paid into the funds set forth in those Sections.
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| (d) All of the proceeds of the additional fees imposed by this amendatory Act of the 96th General Assembly shall be deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of the 96th General Assembly shall become effective 90 days after becoming law. The additional fees imposed by this amendatory Act of the 103rd General Assembly shall become effective July 1, 2023 and shall be paid into the Secretary of State Special Services Fund.
(f) As used in this Section, "active-duty member of the United States Armed Forces" means a member of the Armed Services or Reserve Forces of the United States or a member of the Illinois National Guard who is called to active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor.
(Source: P.A. 103-8, eff. 7-1-23.)
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625 ILCS 5/6-119
(625 ILCS 5/6-119) (from Ch. 95 1/2, par. 6-119)
Sec. 6-119. When fees returnable-drivers license.
(a) Whenever any application to the Secretary of State for a driver's license or permit under this Article is accompanied by
any fee as required by law and such application is refused or rejected after a review of eligibility, which may include facial recognition comparison, the applicant shall not be entitled to a refund of any fees paid. (a-5) If the Secretary of State determines that the volume of expedited driver's license requests received on a given day exceeds the ability of the Secretary to process those requests in an expedited manner, the Secretary may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant.
(b) Whenever the Secretary of State through error collects any fee not
required to be paid hereunder, the same shall be refunded to the person
paying the same upon application therefor made within 6 months after the
date of such payment.
(c) Whenever a person dies after making application for a drivers
license or permit under this Article, application for a refund of the
drivers license or permit may be made if the person dies prior to the
effective date for which application has been made, and if the drivers
license or permit has never been used. The Secretary of State shall refund
the drivers license or permit fees upon receipt within 3 months after the
application for a drivers license or permit of an application for refund
accompanied with the drivers license or permit and proof of death of the
applicant.
(d) Any application for refund received after the times specified in
this Section shall be denied and the applicant in order to receive a refund
must apply to the Court of Claims.
(Source: P.A. 99-305, eff. 1-1-16 .)
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625 ILCS 5/6-120
(625 ILCS 5/6-120)
Sec. 6-120.
Inter-agency agreement for information.
Notwithstanding any
other provision of this Code, the Secretary of State shall enter into an
inter-agency agreement with the Department of Children and Family Services to
establish a procedure by which employees of the Department of Children and
Family Services may
have immediate access to driver's license records maintained by the Secretary
of
State if the Department of Children and Family Services determines the
information is necessary to perform
its duties under the Abused and Neglected Child
Reporting
Act, the Child Care Act of 1969, and the Children and Family Services Act.
(Source: P.A. 88-614, eff. 9-7-94.)
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625 ILCS 5/6-121 (625 ILCS 5/6-121) (Text of Section before amendment by P.A. 103-210 ) Sec. 6-121. Issuance of confidential drivers' licenses. (a) Requirements for use of confidential drivers' licenses. Confidential drivers' licenses may be issued to local, state, and federal government agencies for bona fide law enforcement purposes. The drivers' licenses may be issued with fictitious names and addresses, and may be used only for confidential, investigative, or undercover law enforcement operations. Confidential drivers' licenses may be issued as REAL ID compliant or non-compliant driver's licenses. (b) Application procedures for confidential drivers' licenses: (1) Applications by local, state, and federal | | government agencies for confidential drivers' licenses must be made to the Secretary of State Police Department on a form and in a manner prescribed by the Secretary of State Police Department.
|
| (2) The application form must include information,
| | as specific as possible without compromising investigations or techniques, setting forth the need for the drivers' licenses and the uses to which the licenses will be limited.
|
| (3) The application form must be signed and verified
| | by the local, state, or federal government agency head or designee.
|
| (4) Registration information maintained by the
| | Secretary of State Police Department for confidential drivers' licenses must show the fictitious names and addresses on all records subject to public disclosure. All other information concerning these confidential drivers' licenses are exempt from disclosure unless the disclosure is ordered by a court of competent jurisdiction.
|
| (c) Revocation and cancellation procedures for confidential drivers' licenses:
(1) The Secretary of State Police Department may
| | revoke or refuse to renew confidential drivers' licenses when they have reasonable cause to believe the licenses are being used for purposes other than those set forth in the application form or authorized by this Section. Confidential drivers' licenses may also be revoked where traffic violation citations have been issued to the driver and subsequent investigation reveals that the issuance of the citations was unrelated to the purposes for which the confidential driver's license was issued. In such cases, the citations and any resulting court orders, convictions, supervisions or other sanctions must be treated by the Secretary of State as though they were issued in relation to the true driver's license of the individual to whom the confidential driver's license was issued.
|
| (2) A government agency must request cancellation of
| | confidential drivers' licenses that are no longer required for the purposes for which they were issued.
|
| (3) All revoked confidential drivers' licenses must
| | be promptly returned to the Secretary of State Police Department by the government agency to which they were issued.
|
|
(Source: P.A. 100-248, eff. 8-22-17.)
(Text of Section after amendment by P.A. 103-210 )
Sec. 6-121. Issuance of confidential drivers' licenses.
(a) Requirements for use of confidential drivers' licenses. Confidential drivers' licenses may be issued to local, state, and federal government agencies for bona fide law enforcement purposes. The drivers' licenses may be issued with fictitious names and addresses, and may be used only for confidential, investigative, or undercover law enforcement operations. Confidential drivers' licenses may be issued as REAL ID compliant or standard driver's licenses.
(b) Application procedures for confidential drivers' licenses:
(1) Applications by local, state, and federal
| | government agencies for confidential drivers' licenses must be made to the Secretary of State Police Department on a form and in a manner prescribed by the Secretary of State Police Department.
|
| (2) The application form must include information,
| | as specific as possible without compromising investigations or techniques, setting forth the need for the drivers' licenses and the uses to which the licenses will be limited.
|
| (3) The application form must be signed and verified
| | by the local, state, or federal government agency head or designee.
|
| (4) Registration information maintained by the
| | Secretary of State Police Department for confidential drivers' licenses must show the fictitious names and addresses on all records subject to public disclosure. All other information concerning these confidential drivers' licenses are exempt from disclosure unless the disclosure is ordered by a court of competent jurisdiction.
|
| (c) Revocation and cancellation procedures for confidential drivers' licenses:
(1) The Secretary of State Police Department may
| | revoke or refuse to renew confidential drivers' licenses when they have reasonable cause to believe the licenses are being used for purposes other than those set forth in the application form or authorized by this Section. Confidential drivers' licenses may also be revoked where traffic violation citations have been issued to the driver and subsequent investigation reveals that the issuance of the citations was unrelated to the purposes for which the confidential driver's license was issued. In such cases, the citations and any resulting court orders, convictions, supervisions or other sanctions must be treated by the Secretary of State as though they were issued in relation to the true driver's license of the individual to whom the confidential driver's license was issued.
|
| (2) A government agency must request cancellation of
| | confidential drivers' licenses that are no longer required for the purposes for which they were issued.
|
| (3) All revoked confidential drivers' licenses must
| | be promptly returned to the Secretary of State Police Department by the government agency to which they were issued.
|
|
(Source: P.A. 103-210, eff. 7-1-24.)
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625 ILCS 5/6-122 (625 ILCS 5/6-122) (Text of Section before amendment by P.A. 103-210 ) Sec. 6-122. Expedited driver's license. The Secretary of State may provide for an expedited process for the issuance of a driver's license, excluding temporary visitor's driver's licenses. The Secretary shall charge an additional fee for the issuance of an expedited driver's license, to be set by rule, not to exceed $75. All fees collected by the Secretary for expedited driver's license service shall be deposited into the Secretary of State Special Services Fund. The Secretary may adopt rules regarding the eligibility, process, and fee for an expedited driver's license.
(Source: P.A. 99-305, eff. 1-1-16 .) (Text of Section after amendment by P.A. 103-210 ) Sec. 6-122. Expedited driver's license. The Secretary of State may provide for an expedited process for the issuance of a driver's license. The Secretary shall charge an additional fee for the issuance of an expedited driver's license, to be set by rule, not to exceed $75. All fees collected by the Secretary for expedited driver's license service shall be deposited into the Secretary of State Special Services Fund. The Secretary may adopt rules regarding the eligibility, process, and fee for an expedited driver's license.
(Source: P.A. 103-210, eff. 7-1-24.) |
625 ILCS 5/Ch. 6 Art. II
(625 ILCS 5/Ch. 6 Art. II heading)
ARTICLE II.
CANCELLATION, SUSPENSION, OR
REVOCATION OF LICENSES AND PERMITS
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625 ILCS 5/6-201
(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any license or permit
upon determining that the holder thereof:
1. was not entitled to the issuance thereof | |
2. failed to give the required or correct information
| |
3. failed to pay any fees owed to the Secretary of
| | State under this Code for the license or permit; or
|
|
4. committed any fraud in the making of such
| |
5. is ineligible therefor under the provisions of
| | Section 6-103 of this Act, as amended; or
|
|
6. has refused or neglected to submit an alcohol,
| | drug, and intoxicating compound evaluation or to submit to examination or re-examination as required under this Act; or
|
|
7. has been convicted of violating the Cannabis
| | Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Use of Intoxicating Compounds Act while that individual was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. After the cancellation, the Secretary of State shall not issue a new license or permit for a period of one year after the date of cancellation. However, upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety, or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment related duties, or to allow transportation for the petitioner or a household member of the petitioner's family for the receipt of necessary medical care, or provide transportation for the petitioner to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or for the petitioner to attend classes, as a student, in an accredited educational institution. The petitioner must demonstrate that no alternative means of transportation is reasonably available; provided that the Secretary's discretion shall be limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue such restricted driving permit. In each case the Secretary of State may issue such restricted driving permit for such period as he deems appropriate, except that such permit shall expire no later than 2 years from the date of issuance. A restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as a driver's license issued hereunder may be cancelled, revoked or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a driver remedial or rehabilitative program. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked, suspended, cancelled, or disqualified under this Code; or
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|
8. failed to submit a report as required by Section
| |
9. has been convicted of a sex offense as defined in
| | the Sex Offender Registration Act. The driver's license shall remain cancelled until the driver registers as a sex offender as required by the Sex Offender Registration Act, proof of the registration is furnished to the Secretary of State and the sex offender provides proof of current address to the Secretary; or
|
| 10. is ineligible for a license or permit under
| | Section 6-107, 6-107.1, or 6-108 of this Code; or
|
| 11. refused or neglected to appear at a Driver
| | Services facility to have the license or permit corrected and a new license or permit issued or to present documentation for verification of identity; or
|
| 12. failed to submit a medical examiner's certificate
| | or medical variance as required by 49 C.F.R. 383.71 or submitted a fraudulent medical examiner's certificate or medical variance; or
|
| 13. has had his or her medical examiner's
| | certificate, medical variance, or both removed or rescinded by the Federal Motor Carrier Safety Administration; or
|
| 14. failed to self-certify as to the type of driving
| | in which the CDL driver engages or expects to engage; or
|
| 15. has submitted acceptable documentation indicating
| | out-of-state residency to the Secretary of State to be released from the requirement of showing proof of financial responsibility in this State; or
|
| 16. was convicted of fraud relating to the testing or
| | issuance of a CDL or CLP, in which case only the CDL or CLP shall be cancelled. After cancellation, the Secretary shall not issue a CLP or CDL for a period of one year from the date of cancellation; or
|
| 17. has a special restricted license under subsection
| | (g) of Section 6-113 of this Code and failed to submit the required annual vision specialist report that the special restricted license holder's vision has not changed; or
|
| 18. has a special restricted license under subsection
| | (g) of Section 6-113 of this Code and was convicted or received court supervision for a violation of this Code that occurred during nighttime hours or was involved in a motor vehicle crash during nighttime hours in which the restricted license holder was at fault; or
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| 19. has assisted an out-of-state resident in
| | acquiring an Illinois driver's license or identification card by providing or allowing the out-of-state resident to use his or her Illinois address of residence and is complicit in distributing and forwarding the Illinois driver's license or identification card to the out-of-state resident.
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| (b) Upon such cancellation the licensee or permittee must surrender the
license or permit so cancelled to the Secretary of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the Secretary of State
shall have exclusive authority to grant, issue, deny, cancel, suspend and
revoke driving privileges, drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement this Section.
(Source: P.A. 101-623, eff. 7-1-20; 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-202
(625 ILCS 5/6-202) (from Ch. 95 1/2, par. 6-202)
Sec. 6-202. Non-residents and Unlicensed Persons-Revocation and Suspension-Reporting
Convictions.
(a) The privilege of driving a motor vehicle on highways of this State
given to a nonresident hereunder and the privilege which an unlicensed
person might have to obtain a license under this Act shall be subject to
suspension or revocation by the Secretary of State in like manner and for
like cause as a drivers license issued hereunder may be suspended or
revoked.
(b) The Secretary of State is authorized, upon receiving a report of the
conviction in this State of a nonresident driver of a motor vehicle of any
offense under the laws of this State relating to operation, custody or
ownership of motor vehicles, to forward a copy or abstract of such report
to the motor vehicle administrator of the State wherein the person so
convicted is a resident.
(c) (Blank.)
(d) This section is subject to the provisions of the Driver License
Compact.
(Source: P.A. 96-962, eff. 7-2-10.)
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625 ILCS 5/6-203
(625 ILCS 5/6-203) (from Ch. 95 1/2, par. 6-203)
Sec. 6-203.
Suspending or revoking license or privilege upon conviction in another
state.
The Secretary of State is authorized to suspend or revoke the license of
any resident of this State or the privilege of a nonresident to drive a
motor vehicle in this State upon receiving notice of the conviction of such
person in another State of an offense therein which, if committed in this
State would be grounds for the suspension or revocation of the license of a
driver.
This Section is subject to the provisions of the Driver License Compact.
(Source: P.A. 76-1586.)
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625 ILCS 5/6-203.1
(625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
Sec. 6-203.1.
(a) The Secretary of State is authorized to suspend, for the period set forth in Section 6-208.1, the
driving privileges of persons arrested in another state for driving under
the influence of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, or a similar
provision, and who has refused to submit to a chemical test or tests under
the provisions of implied consent.
(b) When a driving privilege has been suspended for a refusal as
provided in paragraph (a) and the person is subsequently convicted of the
underlying charge, for the same incident, any period served on suspension
shall be credited toward the minimum period of revocation of driving
privileges imposed pursuant to Section 6-206.
(Source: P.A. 96-607, eff. 8-24-09.)
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625 ILCS 5/6-204
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State the records
essential to the performance of the Secretary's duties under this Code to
cancel, revoke or suspend the driver's license and privilege to drive motor
vehicles of certain minors and of persons
found guilty of the criminal offenses or traffic violations
which this Code recognizes as evidence relating to unfitness to safely operate
motor vehicles, the following duties are imposed upon public officials:
(1) Whenever any person is convicted of any offense | | for which this Code makes mandatory the cancellation or revocation of the driver's license or permit of such person by the Secretary of State, the judge of the court in which such conviction is had shall require the surrender to the clerk of the court of all driver's licenses or permits then held by the person so convicted, and the clerk of the court shall, within 5 days thereafter, forward the same, together with a report of such conviction, to the Secretary.
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|
(2) Whenever any person is convicted of any offense
| | under this Code or similar offenses under a municipal ordinance, other than regulations governing standing, parking or weights of vehicles, and excepting the following enumerated Sections of this Code: Sections 11-1406 (obstruction to driver's view or control), 11-1407 (improper opening of door into traffic), 11-1410 (coasting on downgrade), 11-1411 (following fire apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving vehicle which is in unsafe condition or improperly equipped), 12-201(a) (daytime lights on motorcycles), 12-202 (clearance, identification and side marker lamps), 12-204 (lamp or flag on projecting load), 12-205 (failure to display the safety lights required), 12-401 (restrictions as to tire equipment), 12-502 (mirrors), 12-503 (windshields must be unobstructed and equipped with wipers), 12-601 (horns and warning devices), 12-602 (mufflers, prevention of noise or smoke), 12-603 (seat safety belts), 12-702 (certain vehicles to carry flares or other warning devices), 12-703 (vehicles for oiling roads operated on highways), 12-710 (splash guards and replacements), 13-101 (safety tests), 15-101 (size, weight and load), 15-102 (width), 15-103 (height), 15-104 (name and address on second division vehicles), 15-107 (length of vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights), 15-112 (weights), 15-301 (weights), 15-316 (weights), 15-318 (weights), and also excepting the following enumerated Sections of the Chicago Municipal Code: Sections 27-245 (following fire apparatus), 27-254 (obstruction of traffic), 27-258 (driving vehicle which is in unsafe condition), 27-259 (coasting on downgrade), 27-264 (use of horns and signal devices), 27-265 (obstruction to driver's view or driver mechanism), 27-267 (dimming of headlights), 27-268 (unattended motor vehicle), 27-272 (illegal funeral procession), 27-273 (funeral procession on boulevard), 27-275 (driving freight hauling vehicles on boulevard), 27-276 (stopping and standing of buses or taxicabs), 27-277 (cruising of public passenger vehicles), 27-305 (parallel parking), 27-306 (diagonal parking), 27-307 (parking not to obstruct traffic), 27-308 (stopping, standing or parking regulated), 27-311 (parking regulations), 27-312 (parking regulations), 27-313 (parking regulations), 27-314 (parking regulations), 27-315 (parking regulations), 27-316 (parking regulations), 27-317 (parking regulations), 27-318 (parking regulations), 27-319 (parking regulations), 27-320 (parking regulations), 27-321 (parking regulations), 27-322 (parking regulations), 27-324 (loading and unloading at an angle), 27-333 (wheel and axle loads), 27-334 (load restrictions in the downtown district), 27-335 (load restrictions in residential areas), 27-338 (width of vehicles), 27-339 (height of vehicles), 27-340 (length of vehicles), 27-352 (reflectors on trailers), 27-353 (mufflers), 27-354 (display of plates), 27-355 (display of city vehicle tax sticker), 27-357 (identification of vehicles), 27-358 (projecting of loads), and also excepting the following enumerated paragraphs of Section 2-201 of the Rules and Regulations of the Illinois State Toll Highway Authority: (l) (driving unsafe vehicle on tollway), (m) (vehicles transporting dangerous cargo not properly indicated), it shall be the duty of the clerk of the court in which such conviction is had within 5 days thereafter to forward to the Secretary of State a report of the conviction and the court may recommend the suspension of the driver's license or permit of the person so convicted.
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|
The reporting requirements of this subsection shall
| | apply to all violations stated in paragraphs (1) and (2) of this subsection when the individual has been adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987. Such reporting requirements shall also apply to individuals adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987 who have committed a violation of Section 11-501 of this Code, or similar provision of a local ordinance, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or Section 5-7 of the Snowmobile Registration and Safety Act or Section 5-16 of the Boat Registration and Safety Act, relating to the offense of operating a snowmobile or a watercraft while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof. These reporting requirements also apply to individuals adjudicated under the Juvenile Court Act of 1987 based on any offense determined to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, if those activities involved the operation or use of a motor vehicle. It shall be the duty of the clerk of the court in which adjudication is had within 5 days thereafter to forward to the Secretary of State a report of the adjudication and the court order requiring the Secretary of State to suspend the minor's driver's license and driving privilege for such time as determined by the court, but only until he or she attains the age of 18 years. All juvenile court dispositions reported to the Secretary of State under this provision shall be processed by the Secretary of State as if the cases had been adjudicated in traffic or criminal court. However, information reported relative to the offense of reckless homicide, or Section 11-501 of this Code, or a similar provision of a local ordinance, shall be privileged and available only to the Secretary of State, courts, and police officers.
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|
The reporting requirements of this subsection (a)
| | apply to all violations listed in paragraphs (1) and (2) of this subsection (a), excluding parking violations, when the driver holds a CLP or CDL, regardless of the type of vehicle in which the violation occurred, or when any driver committed the violation in a commercial motor vehicle as defined in Section 6-500 of this Code.
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| (3) Whenever an order is entered revoking pretrial
| | release given to secure appearance for any offense under this Code or similar offenses under municipal ordinance, it shall be the duty of the clerk of the court in which such revocation was had or the judge of such court if such court has no clerk, within 5 days thereafter to forward to the Secretary of State a report of the revocation.
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|
(4) A report of any disposition of court supervision
| | for a violation of Sections 6-303, 11-401, 11-501 or a similar provision of a local ordinance, 11-503, 11-504, and 11-506 of this Code, Section 5-7 of the Snowmobile Registration and Safety Act, and Section 5-16 of the Boat Registration and Safety Act shall be forwarded to the Secretary of State. A report of any disposition of court supervision for a violation of an offense defined as a serious traffic violation in this Code or a similar provision of a local ordinance committed by a person under the age of 21 years shall be forwarded to the Secretary of State.
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|
(5) Reports of conviction under this Code and
| | sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium shall be forwarded to the Secretary of State via the Supreme Court in the form and format required by the Illinois Supreme Court and established by a written agreement between the Supreme Court and the Secretary of State. In counties with a population over 300,000, instead of forwarding reports to the Supreme Court, reports of conviction under this Code and sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium may be forwarded to the Secretary of State by the Circuit Court Clerk in a form and format required by the Secretary of State and established by written agreement between the Circuit Court Clerk and the Secretary of State. Failure to forward the reports of conviction or sentencing hearing under the Juvenile Court Act of 1987 as required by this Section shall be deemed an omission of duty and it shall be the duty of the several State's Attorneys to enforce the requirements of this Section.
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|
(b) Whenever a restricted driving permit is forwarded to a court, as a
result of confiscation by a police officer pursuant to the authority in
Section 6-113(f), it shall be the duty of the clerk, or judge, if the court
has no clerk, to forward such restricted driving permit and a facsimile of
the officer's citation to the Secretary of State as expeditiously as
practicable.
(c) For the purposes of this Code, a revocation of pretrial release that has not been vacated, or the failure of a defendant to appear for trial
after depositing his driver's license, shall be
equivalent to a conviction.
(d) For the purpose of providing the Secretary of State with records
necessary to properly monitor and assess driver performance and assist the
courts in the proper disposition of repeat traffic law offenders, the clerk
of the court shall forward to the Secretary of State,
on a form prescribed
by the Secretary, records of a driver's participation in a driver remedial
or rehabilitative program which was required, through a court order or court
supervision, in relation to the driver's arrest for a violation of Section
11-501 of this Code or a similar provision of a local ordinance.
The clerk of the court shall also forward to the Secretary, either on
paper or in an electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any disposition
of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2)
of subsection (a) of this Section.
These reports
shall be sent within 5
days after disposition, or, if
the driver is
referred to a driver
remedial or rehabilitative program, within 5 days of the driver's referral
to that program.
These reports received by the Secretary of State, including those required to
be forwarded under paragraph (a)(4), shall be privileged information, available
only (i) to the affected driver, (ii) to the parent or guardian of a person under the age of 18 years holding an instruction permit or a graduated driver's license, and (iii) for use by the courts, police
officers, prosecuting authorities, the Secretary of State, and the driver licensing administrator of any other state. In accordance with 49 C.F.R. Part 384, all reports of court supervision, except violations related to parking, shall be forwarded to the Secretary of State for all holders of a CLP or CDL or any driver who commits an offense while driving a commercial motor vehicle. These reports shall be recorded to the driver's record as a conviction for use in the disqualification of the driver's commercial motor vehicle privileges and shall not be privileged information.
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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625 ILCS 5/6-205
(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit; hardship cases.
(a) Except as provided in this Section, the Secretary of State shall
immediately revoke the license, permit, or driving privileges of
any driver upon receiving a
report of the driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of | |
2. Violation of Section 11-501 of this Code or a
| | similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
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3. Any felony under the laws of any State or the
| | federal government in the commission of which a motor vehicle was used;
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4. Violation of Section 11-401 of this Code relating
| | to the offense of leaving the scene of a traffic crash involving death or personal injury;
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5. Perjury or the making of a false affidavit or
| | statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles;
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6. Conviction upon 3 charges of violation of Section
| | 11-503 of this Code relating to the offense of reckless driving committed within a period of 12 months;
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7. Conviction of any offense defined in Section 4-102
| | of this Code if the person exercised actual physical control over the vehicle during the commission of the offense;
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8. Violation of Section 11-504 of this Code relating
| | to the offense of drag racing;
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9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
| | 1961 or the Criminal Code of 2012 arising from the use of a motor vehicle;
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11. Violation of Section 11-204.1 of this Code
| | relating to aggravated fleeing or attempting to elude a peace officer;
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12. Violation of paragraph (1) of subsection (b) of
| | Section 6-507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle;
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13. Violation of paragraph (a) of Section 11-502 of
| | this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense;
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14. Violation of paragraph (a) of Section 11-506 of
| | this Code or a similar provision of a local ordinance relating to the offense of street racing;
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| 15. A second or subsequent conviction of driving
| | while the person's driver's license, permit or privileges was revoked for reckless homicide or a similar out-of-state offense;
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| 16. Any offense against any provision in this Code,
| | or any local ordinance, regulating the movement of traffic when that offense was the proximate cause of the death of any person. Any person whose driving privileges have been revoked pursuant to this paragraph may seek to have the revocation terminated or to have the length of revocation reduced by requesting an administrative hearing with the Secretary of State prior to the projected driver's license application eligibility date;
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| 17. Violation of subsection (a-2) of Section
| | 11-1301.3 of this Code or a similar provision of a local ordinance;
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| 18. A second or subsequent conviction of illegal
| | possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act. A defendant found guilty of this offense while operating a motor vehicle shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State;
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| 19. Violation of subsection (a) of Section 11-1414 of
| | this Code, or a similar provision of a local ordinance, relating to the offense of overtaking or passing of a school bus when the driver, in committing the violation, is involved in a motor vehicle crash that results in death to another and the violation is a proximate cause of the death.
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| (b) The Secretary of State shall also immediately revoke the license
or permit of any driver in the following situations:
1. Of any minor upon receiving the notice provided
| | for in Section 5-901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in Section 4-103 of this Code;
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2. Of any person when any other law of this State
| | requires either the revocation or suspension of a license or permit;
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3. Of any person adjudicated under the Juvenile Court
| | Act of 1987 based on an offense determined to have been committed in furtherance of the criminal activities of an organized gang as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The revocation shall remain in effect for the period determined by the court.
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| (c)(1) Whenever a person is convicted of any of the offenses enumerated in
this Section, the court may recommend and the Secretary of State in his
discretion, without regard to whether the recommendation is made by the
court may, upon application,
issue to the person a
restricted driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's employment related
duties, or to allow the petitioner to transport himself or herself or a family member
of the petitioner's household to a medical facility for the receipt of necessary medical care or to allow the
petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare; if the petitioner is able to demonstrate that no alternative means
of transportation is reasonably available and that the petitioner will not endanger
the public safety or welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue the
restricted driving permit.
(1.5) A person subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code may make application for a restricted driving permit at a hearing conducted under Section 2-118 of this Code after the expiration of 5 years from the effective date of the most recent revocation, or after 5 years from the date of release from a period of imprisonment resulting from a conviction of the most recent offense, whichever is later, provided the person, in addition to all other requirements of the Secretary, shows by clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted
| | abstinence from alcohol and the unlawful use or consumption of cannabis under the Cannabis Control Act, a controlled substance under the Illinois Controlled Substances Act, an intoxicating compound under the Use of Intoxicating Compounds Act, or methamphetamine under the Methamphetamine Control and Community Protection Act; and
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| (B) the successful completion of any rehabilitative
| | treatment and involvement in any ongoing rehabilitative activity that may be recommended by a properly licensed service provider according to an assessment of the person's alcohol or drug use under Section 11-501.01 of this Code.
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| In determining whether an applicant is eligible for a restricted driving permit under this paragraph (1.5), the Secretary may consider any relevant evidence, including, but not limited to, testimony, affidavits, records, and the results of regular alcohol or drug tests. Persons subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code and who have been convicted of more than one violation of paragraph (3), paragraph (4), or paragraph (5) of subsection (a) of Section 11-501 of this Code shall not be eligible to apply for a restricted driving permit.
A restricted driving permit issued under this paragraph (1.5) shall provide that the holder may only operate motor vehicles equipped with an ignition interlock device as required under paragraph (2) of subsection (c) of this Section and subparagraph (A) of paragraph 3 of subsection (c) of Section 6-206 of this Code. The Secretary may revoke a restricted driving permit or amend the conditions of a restricted driving permit issued under this paragraph (1.5) if the holder operates a vehicle that is not equipped with an ignition interlock device, or for any other reason authorized under this Code.
A restricted driving permit issued under this paragraph (1.5) shall be revoked, and the holder barred from applying for or being issued a restricted driving permit in the future, if the holder is subsequently convicted of a violation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in another state.
(2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
| | suspended 2 or more times due to any combination of:
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| (i) a single conviction of violating Section
| | 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense; or
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| (ii) a statutory summary suspension or
| | revocation under Section 11-501.1; or
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| (iii)
a suspension pursuant to Section 6-203.1;
arising out of
separate occurrences; or
(B) a person has been convicted of one violation of
| | subparagraph (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide where the use of alcohol or other drugs was recited as an element of the offense, or a similar provision of a law of another state;
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| that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4)
The person issued a permit conditioned on the use of an ignition interlock device must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees.
(5)
If the restricted driving permit is issued for employment purposes, then
the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person.
(6)
In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate, except that the
permit shall expire no later than 2 years from the date of issuance. A restricted
driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the Secretary of
State in like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed sufficient cause
for the revocation, suspension, or cancellation of a restricted driving permit.
The Secretary of State may, as a condition to the issuance of a restricted
driving permit, require the petitioner to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is authorized to
cancel a restricted driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of this Section, no
restricted driving permit shall be issued until the individual has served 6
months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person's driving privileges shall be revoked pursuant to subdivision (a)(15) of this Section. The person may not make application for a license or permit until the expiration of five years from the effective date of the revocation or the expiration of five years from the date of release from a term of imprisonment, whichever is later.
(c-7) If a person is convicted of a third or subsequent violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted under Section
11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that person. One
year after the date of revocation, and upon application, the Secretary of
State may, if satisfied that the person applying will not endanger the
public safety or welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of one year.
After this one-year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate reinstatement
fee provided under paragraph (b) of Section 6-118, the Secretary of State,
in his discretion, may
reinstate the petitioner's driver's license and driving privileges, or extend the restricted driving permit as many times as the
Secretary of State deems appropriate, by additional periods of not more than
24 months each.
(2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or suspended 2 or more times
due to any combination of:
(A) a single conviction of violating Section 11-501
| | of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense; or
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| (B) a statutory summary suspension or revocation
| | under Section 11-501.1; or
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| (C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued a
restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3.5) If a person's license or permit is revoked or suspended due to a conviction for a violation of subparagraph (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
(4)
The person issued a permit conditioned upon the use of an interlock device must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees.
(5)
If the restricted driving permit is issued for employment purposes, then
the prohibition against driving a vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person.
(6) A
restricted driving permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving privileges of a person convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state, is permanent. The Secretary may not, at any time, issue a license or permit to that person.
(e) This Section is subject to the provisions of the Driver License
Compact.
(f) Any revocation imposed upon any person under subsections 2
and 3 of paragraph (b) that is in effect on December 31, 1988 shall be
converted to a suspension for a like period of time.
(g) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been revoked
under any provisions of this Code.
(h) The Secretary of State shall require the use of ignition interlock
devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (h), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of this Section. Regardless of whether an exemption under subdivision (c) (5) or (d) (5) applies, every person subject to this subsection shall not be eligible for reinstatement until the person installs an ignition interlock device and maintains the ignition interlock device for 5 years.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked, suspended, cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person whose driving privileges have been revoked under paragraph 16 of subsection (a) of this Section that his or her driving privileges and driver's license will be revoked 90 days from the date of the mailing of the notice.
(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21; 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-205.1
(625 ILCS 5/6-205.1)
Sec. 6-205.1.
(Repealed).
(Source: P.A. 90-590, eff. 1-1-99. Repealed by P.A. 92-458, eff. 8-22-01.)
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625 ILCS 5/6-205.2 (625 ILCS 5/6-205.2)
Sec. 6-205.2. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 101-623, eff. 7-1-20 .) |
625 ILCS 5/6-206
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke license or
permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or revoke the
driving privileges of any person without preliminary hearing upon a showing
of the person's records or other sufficient evidence that
the person:
1. Has committed an offense for which mandatory | | revocation of a driver's license or permit is required upon conviction;
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2. Has been convicted of not less than 3 offenses
| | against traffic regulations governing the movement of vehicles committed within any 12-month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction;
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3. Has been repeatedly involved as a driver in motor
| | vehicle collisions or has been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
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4. Has by the unlawful operation of a motor vehicle
| | caused or contributed to a crash resulting in injury requiring immediate professional treatment in a medical facility or doctor's office to any person, except that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the crash, or shall start not more than one year after the date of the crash, whichever date occurs later;
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5. Has permitted an unlawful or fraudulent use of a
| | driver's license, identification card, or permit;
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6. Has been lawfully convicted of an offense or
| | offenses in another state, including the authorization contained in Section 6-203.1, which if committed within this State would be grounds for suspension or revocation;
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7. Has refused or failed to submit to an examination
| | provided for by Section 6-207 or has failed to pass the examination;
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8. Is ineligible for a driver's license or permit
| | under the provisions of Section 6-103;
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9. Has made a false statement or knowingly concealed
| | a material fact or has used false information or identification in any application for a license, identification card, or permit;
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10. Has possessed, displayed, or attempted to
| | fraudulently use any license, identification card, or permit not issued to the person;
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11. Has operated a motor vehicle upon a highway of
| | this State when the person's driving privilege or privilege to obtain a driver's license or permit was revoked or suspended unless the operation was authorized by a monitoring device driving permit, judicial driving permit issued prior to January 1, 2009, probationary license to drive, or restricted driving permit issued under this Code;
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12. Has submitted to any portion of the application
| | process for another person or has obtained the services of another person to submit to any portion of the application process for the purpose of obtaining a license, identification card, or permit for some other person;
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13. Has operated a motor vehicle upon a highway of
| | this State when the person's driver's license or permit was invalid under the provisions of Sections 6-107.1 and 6-110;
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14. Has committed a violation of Section 6-301,
| | 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or 14B of the Illinois Identification Card Act or a similar offense in another state if, at the time of the offense, the person held an Illinois driver's license or identification card;
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15. Has been convicted of violating Section 21-2 of
| | the Criminal Code of 1961 or the Criminal Code of 2012 relating to criminal trespass to vehicles if the person exercised actual physical control over the vehicle during the commission of the offense, in which case the suspension shall be for one year;
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16. Has been convicted of violating Section 11-204 of
| | this Code relating to fleeing from a peace officer;
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17. Has refused to submit to a test, or tests, as
| | required under Section 11-501.1 of this Code and the person has not sought a hearing as provided for in Section 11-501.1;
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18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
| | of Section 6-101 relating to driving without a driver's license;
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20. Has been convicted of violating Section 6-104
| | relating to classification of driver's license;
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21. Has been convicted of violating Section 11-402 of
| | this Code relating to leaving the scene of a crash resulting in damage to a vehicle in excess of $1,000, in which case the suspension shall be for one year;
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22. Has used a motor vehicle in violating paragraph
| | (3), (4), (7), or (9) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to unlawful use of weapons, in which case the suspension shall be for one year;
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23. Has, as a driver, been convicted of committing a
| | violation of paragraph (a) of Section 11-502 of this Code for a second or subsequent time within one year of a similar violation;
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24. Has been convicted by a court-martial or punished
| | by non-judicial punishment by military authorities of the United States at a military installation in Illinois or in another state of or for a traffic-related offense that is the same as or similar to an offense specified under Section 6-205 or 6-206 of this Code;
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25. Has permitted any form of identification to be
| | used by another in the application process in order to obtain or attempt to obtain a license, identification card, or permit;
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26. Has altered or attempted to alter a license or
| | has possessed an altered license, identification card, or permit;
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27. (Blank);
28. Has been convicted for a first time of the
| | illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person's driving privileges shall be suspended for one year. Any defendant found guilty of this offense while operating a motor vehicle shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State;
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29. Has been convicted of the following offenses that
| | were committed while the person was operating or in actual physical control, as a driver, of a motor vehicle: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a juvenile prostitute, promoting juvenile prostitution as described in subdivision (a)(1), (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012, and the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse in which case the driver's driving privileges shall be suspended for one year;
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30. Has been convicted a second or subsequent time
| | for any combination of the offenses named in paragraph 29 of this subsection, in which case the person's driving privileges shall be suspended for 5 years;
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31. Has refused to submit to a test as required by
| | Section 11-501.6 of this Code or Section 5-16c of the Boat Registration and Safety Act or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, in which case the penalty shall be as prescribed in Section 6-208.1;
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32. Has been convicted of Section 24-1.2 of the
| | Criminal Code of 1961 or the Criminal Code of 2012 relating to the aggravated discharge of a firearm if the offender was located in a motor vehicle at the time the firearm was discharged, in which case the suspension shall be for 3 years;
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33. Has as a driver, who was less than 21 years of
| | age on the date of the offense, been convicted a first time of a violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance;
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34. Has committed a violation of Section 11-1301.5 of
| | this Code or a similar provision of a local ordinance;
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35. Has committed a violation of Section 11-1301.6 of
| | this Code or a similar provision of a local ordinance;
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36. Is under the age of 21 years at the time of
| | arrest and has been convicted of not less than 2 offenses against traffic regulations governing the movement of vehicles committed within any 24-month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction;
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|
37. Has committed a violation of subsection (c) of
| | Section 11-907 of this Code that resulted in damage to the property of another or the death or injury of another;
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38. Has been convicted of a violation of Section 6-20
| | of the Liquor Control Act of 1934 or a similar provision of a local ordinance and the person was an occupant of a motor vehicle at the time of the violation;
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39. Has committed a second or subsequent violation of
| | Section 11-1201 of this Code;
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40. Has committed a violation of subsection (a-1) of
| | Section 11-908 of this Code;
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| 41. Has committed a second or subsequent violation of
| | Section 11-605.1 of this Code, a similar provision of a local ordinance, or a similar violation in any other state within 2 years of the date of the previous violation, in which case the suspension shall be for 90 days;
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| 42. Has committed a violation of subsection (a-1) of
| | Section 11-1301.3 of this Code or a similar provision of a local ordinance;
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| 43. Has received a disposition of court supervision
| | for a violation of subsection (a), (d), or (e) of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance and the person was an occupant of a motor vehicle at the time of the violation, in which case the suspension shall be for a period of 3 months;
|
| 44. Is under the age of 21 years at the time of
| | arrest and has been convicted of an offense against traffic regulations governing the movement of vehicles after having previously had his or her driving privileges suspended or revoked pursuant to subparagraph 36 of this Section;
|
| 45. Has, in connection with or during the course of
| | a formal hearing conducted under Section 2-118 of this Code: (i) committed perjury; (ii) submitted fraudulent or falsified documents; (iii) submitted documents that have been materially altered; or (iv) submitted, as his or her own, documents that were in fact prepared or composed for another person;
|
| 46. Has committed a violation of subsection (j) of
| | Section 3-413 of this Code;
|
|
47. Has committed a violation of subsection (a) of
| | Section 11-502.1 of this Code;
|
| 48. Has submitted a falsified or altered medical
| | examiner's certificate to the Secretary of State or provided false information to obtain a medical examiner's certificate;
|
| 49. Has been convicted of a violation of Section
| | 11-1002 or 11-1002.5 that resulted in a Type A injury to another, in which case the driving privileges of the person shall be suspended for 12 months;
|
| 50. Has committed a violation of subsection (b-5) of
| | Section 12-610.2 that resulted in great bodily harm, permanent disability, or disfigurement, in which case the driving privileges of the person shall be suspended for 12 months;
|
| 51. Has committed a violation of Section 10-15 Of
| | the Cannabis Regulation and Tax Act or a similar provision of a local ordinance while in a motor vehicle; or
|
| 52. Has committed a violation of subsection (b) of
| | Section 10-20 of the Cannabis Regulation and Tax Act or a similar provision of a local ordinance.
|
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this
subsection, license means any driver's license, any traffic ticket issued when
the person's driver's license is deposited in lieu of bail, a suspension
notice issued by the Secretary of State, a duplicate or corrected driver's
license, a probationary driver's license, or a temporary driver's license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the order of suspension
or revocation, as the case may be, provided that a certified copy of a stay
order of a court is filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate back to the time
the original judgment of conviction was entered and the 6-month limitation
prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or permit of
any person as authorized in this Section, the Secretary of State shall
immediately notify the person in writing of the revocation or suspension.
The notice to be deposited in the United States mail, postage prepaid,
to the last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this Section, a
person's privilege to operate a vehicle as an occupation shall not be
suspended, provided an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of which occurred
while operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be suspended by the
Secretary of State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on forms to be
provided by the Secretary of State setting forth the facts of the person's
occupation. The affidavit shall also state the number of offenses
committed while operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the Secretary of State
shall issue the driver a permit to operate a vehicle in connection with the
driver's regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the privilege to drive
any motor vehicle shall be suspended as set forth in the notice that was
mailed under this Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued for the remainder
of the suspension period.
The provisions of this subparagraph shall not apply to any driver
required to possess a CDL for the purpose of operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit required
herein shall be guilty of perjury under Section 6-302 and upon conviction
thereof shall have all driving privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of this Code,
the Secretary of State shall either rescind or continue an order of
revocation or shall substitute an order of suspension; or, good
cause appearing therefor, rescind, continue, change, or extend the
order of suspension. If the Secretary of State does not rescind the order,
the Secretary may upon application,
to relieve undue hardship (as defined by the rules of the Secretary of State), issue
a restricted driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's employment-related duties, or to
allow the petitioner to transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive necessary medical care, to allow the petitioner to transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare. The
petitioner must demonstrate that no alternative means of
transportation is reasonably available and that the petitioner will not endanger
the public safety or welfare.
(A) If a person's license or permit is revoked or
| | suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
|
|
(B) If a person's license or permit is revoked or
| | suspended 2 or more times due to any combination of:
|
| (i) a single conviction of violating Section
| | 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense; or
|
| (ii) a statutory summary suspension or revocation
| | under Section 11-501.1; or
|
| (iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
| | issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
|
| (B-5) If a person's license or permit is revoked
| | or suspended due to a conviction for a violation of subparagraph (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
|
| (C) The person issued a permit conditioned upon the
| | use of an ignition interlock device must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees.
|
| (D) If the restricted driving permit is issued for
| | employment purposes, then the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person.
|
| (E) In each case the Secretary may issue a
| | restricted driving permit for a period deemed appropriate, except that all permits shall expire no later than 2 years from the date of issuance. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted driving permit if the permit holder does not successfully complete the program.
|
|
(F) A person subject to the provisions of paragraph 4
| | of subsection (b) of Section 6-208 of this Code may make application for a restricted driving permit at a hearing conducted under Section 2-118 of this Code after the expiration of 5 years from the effective date of the most recent revocation or after 5 years from the date of release from a period of imprisonment resulting from a conviction of the most recent offense, whichever is later, provided the person, in addition to all other requirements of the Secretary, shows by clear and convincing evidence:
|
| (i) a minimum of 3 years of uninterrupted
| | abstinence from alcohol and the unlawful use or consumption of cannabis under the Cannabis Control Act, a controlled substance under the Illinois Controlled Substances Act, an intoxicating compound under the Use of Intoxicating Compounds Act, or methamphetamine under the Methamphetamine Control and Community Protection Act; and
|
| (ii) the successful completion of any
| | rehabilitative treatment and involvement in any ongoing rehabilitative activity that may be recommended by a properly licensed service provider according to an assessment of the person's alcohol or drug use under Section 11-501.01 of this Code.
|
| In determining whether an applicant is eligible for a
| | restricted driving permit under this subparagraph (F), the Secretary may consider any relevant evidence, including, but not limited to, testimony, affidavits, records, and the results of regular alcohol or drug tests. Persons subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code and who have been convicted of more than one violation of paragraph (3), paragraph (4), or paragraph (5) of subsection (a) of Section 11-501 of this Code shall not be eligible to apply for a restricted driving permit under this subparagraph (F).
|
| A restricted driving permit issued under this
| | subparagraph (F) shall provide that the holder may only operate motor vehicles equipped with an ignition interlock device as required under paragraph (2) of subsection (c) of Section 6-205 of this Code and subparagraph (A) of paragraph 3 of subsection (c) of this Section. The Secretary may revoke a restricted driving permit or amend the conditions of a restricted driving permit issued under this subparagraph (F) if the holder operates a vehicle that is not equipped with an ignition interlock device, or for any other reason authorized under this Code.
|
| A restricted driving permit issued under this
| | subparagraph (F) shall be revoked, and the holder barred from applying for or being issued a restricted driving permit in the future, if the holder is convicted of a violation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in another state.
|
| (c-3) In the case of a suspension under paragraph 43 of subsection (a), reports received by the Secretary of State under this Section shall, except during the actual time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the driver licensing administrator of any other state, the Secretary of State, or the parent or legal guardian of a driver under the age of 18. However, beginning January 1, 2008, if the person is a CDL holder, the suspension shall also be made available to the driver licensing administrator of any other state, the U.S. Department of Transportation, and the affected driver or motor
carrier or prospective motor carrier upon request.
(c-4) In the case of a suspension under paragraph 43 of subsection (a), the Secretary of State shall notify the person by mail that his or her driving privileges and driver's license will be suspended one month after the date of the mailing of the notice.
(c-5) The Secretary of State may, as a condition of the reissuance of a
driver's license or permit to an applicant whose driver's license or permit has
been suspended before he or she reached the age of 21 years pursuant to any of
the provisions of this Section, require the applicant to participate in a
driver remedial education course and be retested under Section 6-109 of this
Code.
(d) This Section is subject to the provisions of the Driver License
Compact.
(e) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been suspended
or revoked under any provisions of this Code.
(f) In accordance with 49 CFR 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
|
625 ILCS 5/6-206.1 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) Sec. 6-206.1. Monitoring Device Driving Permit. Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol, other drug or
drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to
provide a deterrent to such practice, a statutory summary driver's license suspension is appropriate.
It is also recognized that driving is a privilege and therefore, that the granting of driving privileges, in a manner consistent with public
safety, is warranted during the period of suspension in the form of a monitoring device driving permit. A person who drives and fails to comply with the requirements of the monitoring device driving permit commits a violation of Section 6-303 of this Code. The following procedures shall apply whenever
a first offender, as defined in Section 11-500 of this Code, is arrested for any offense as defined in Section 11-501
or a similar provision of a local ordinance and is subject to the provisions of Section 11-501.1: (a) Upon mailing of the notice of suspension of driving privileges as provided in subsection (h) of Section 11-501.1 of this Code, the Secretary shall also send written notice informing the person that he or she will be issued a monitoring device driving permit (MDDP). The notice shall include, at minimum, information summarizing the procedure to be followed for issuance of the MDDP, installation of the breath alcohol ignition installation device (BAIID), as provided in this Section, exemption from BAIID installation requirements, and procedures to be followed by those seeking indigent status, as provided in this Section. The notice shall also include information summarizing the procedure to be followed if the person wishes to decline issuance of the MDDP. A copy of the notice shall also be sent to the court of venue together with the notice of suspension of driving privileges, as provided in subsection (h) of Section 11-501. However, a MDDP shall not be issued if the Secretary finds that:
(1) the offender's driver's license is otherwise | | (2) death or great bodily harm to another resulted
| | from the arrest for Section 11-501;
|
| (3) the offender has been previously convicted of
| | reckless homicide or aggravated driving under the influence involving death; or
|
| (4) the offender is less than 18 years of age.
Any offender participating in the MDDP program must pay the Secretary a MDDP Administration Fee in an amount not to exceed $30 per month, to be deposited into the Monitoring Device Driving Permit Administration Fee Fund. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. The offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP. The ignition interlock device provider must notify the Secretary, in a manner and form prescribed by the Secretary, of the installation. If the Secretary does not receive notice of installation, the Secretary shall cancel the MDDP.
Upon receipt of the notice, as provided in paragraph (a) of this Section, the person may file a petition to decline issuance of the MDDP with the court of venue. The court shall admonish the offender of all consequences of declining issuance of the MDDP including, but not limited to, the enhanced penalties for driving while suspended. After being so admonished, the offender shall be permitted, in writing, to execute a notice declining issuance of the MDDP. This notice shall be filed with the court and forwarded by the clerk of the court to the Secretary. The offender may, at any time thereafter, apply to the Secretary for issuance of a MDDP.
(a-1) A person issued a MDDP may drive for any purpose and at any time, subject to the rules adopted by the Secretary under subsection (g). The person must, at his or her own expense, drive only vehicles equipped with an ignition interlock device as defined in Section 1-129.1, but in no event shall such person drive a commercial motor vehicle.
(a-2) Persons who are issued a MDDP and must drive employer-owned vehicles in the course of their employment duties may seek permission to drive an employer-owned vehicle that does not have an ignition interlock device. The employer shall provide to the Secretary a form, as prescribed by the Secretary, completed by the employer verifying that the employee must drive an employer-owned vehicle in the course of employment. If approved by the Secretary, the form must be in the driver's possession while operating an employer-owner vehicle not equipped with an ignition interlock device. No person may use this exemption to drive a school bus, school vehicle, or a vehicle designed to transport more than 15 passengers. No person may use this exemption to drive an employer-owned motor vehicle that is owned by an entity that is wholly or partially owned by the person holding the MDDP, or by a family member of the person holding the MDDP. No person may use this exemption to drive an employer-owned vehicle that is made available to the employee for personal use. No person may drive the exempted vehicle more than 12 hours per day, 6 days per week.
(a-3) Persons who are issued a MDDP and who must drive a farm tractor to and from a farm, within 50 air miles from the originating farm are exempt from installation of a BAIID on the farm tractor, so long as the farm tractor is being used for the exclusive purpose of conducting farm operations.
(b) (Blank).
(c) (Blank).
(c-1) If the holder of the MDDP is convicted of or receives court supervision for a violation of Section 6-206.2, 6-303, 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar provision of a local ordinance or a similar out-of-state offense or is convicted of or receives court supervision for any offense for which alcohol or drugs is an element of the offense and in which a motor vehicle was involved (for an arrest other than the one for which the MDDP is issued), or de-installs the BAIID without prior authorization from the Secretary, the MDDP shall be cancelled.
(c-5) If the Secretary determines that the person seeking the MDDP is indigent, the Secretary shall provide the person with a written document as evidence of that determination, and the person shall provide that written document to an ignition interlock device provider. The provider shall install an ignition interlock device on that person's vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund.
If the Secretary has deemed an offender indigent, the BAIID provider shall also provide the normal monthly monitoring services and the de-installation without charge to the offender and seek reimbursement from the Indigent BAIID Fund. Any other monetary charges, such as a lockout fee or reset fee, shall be the responsibility of the MDDP holder. A BAIID provider may not seek a security deposit from the Indigent BAIID Fund.
(d) MDDP information
shall be available only to the courts, police officers, and the Secretary, except during the actual period the MDDP is valid, during which
time it shall be a public record.
(e) (Blank).
(f) (Blank).
(g) The Secretary shall adopt rules for implementing this Section. The rules adopted shall address issues including, but not limited to: compliance with the requirements of the MDDP; methods for determining compliance with those requirements; the consequences of noncompliance with those requirements; what constitutes a violation of the MDDP; methods for determining indigency; and the duties of a person or entity that supplies the ignition interlock device.
(h) The rules adopted under subsection (g) shall provide, at a minimum, that the person is not in compliance with the requirements of the MDDP if he or she:
(1) tampers or attempts to tamper with or circumvent
| | the proper operation of the ignition interlock device;
|
| (2) provides valid breath samples that register blood
| | alcohol levels in excess of the number of times allowed under the rules;
|
| (3) fails to provide evidence sufficient to satisfy
| | the Secretary that the ignition interlock device has been installed in the designated vehicle or vehicles; or
|
| (4) fails to follow any other applicable rules
| | adopted by the Secretary.
|
| (i) Any person or entity that supplies an ignition interlock device as provided under this Section shall, in addition to supplying only those devices which fully comply with all the rules adopted under subsection (g), provide the Secretary, within 7 days of inspection, all monitoring reports of each person who has had an ignition interlock device installed. These reports shall be furnished in a manner or form as prescribed by the Secretary.
(j) Upon making a determination that a violation of the requirements of the MDDP has occurred, the Secretary shall extend the summary suspension period for an additional 3 months beyond the originally imposed summary suspension period, during which time the person shall only be allowed to drive vehicles equipped with an ignition interlock device; provided further there are no limitations on the total number of times the summary suspension may be extended. The Secretary may, however, limit the number of extensions imposed for violations occurring during any one monitoring period, as set forth by rule. Any person whose summary suspension is extended pursuant to this Section shall have the right to contest the extension through a hearing with the Secretary, pursuant to Section 2-118 of this Code. If the summary suspension has already terminated prior to the Secretary receiving the monitoring report that shows a violation, the Secretary shall be authorized to suspend the person's driving privileges for 3 months, provided that the Secretary may, by rule, limit the number of suspensions to be entered pursuant to this paragraph for violations occurring during any one monitoring period. Any person whose license is suspended pursuant to this paragraph, after the summary suspension had already terminated, shall have the right to contest the suspension through a hearing with the Secretary, pursuant to Section 2-118 of this Code. The only permit the person shall be eligible for during this new suspension period is a MDDP.
(k) A person who has had his or her summary suspension extended for the third time, or has any combination of 3 extensions and new suspensions, entered as a result of a violation that occurred while holding the MDDP, so long as the extensions and new suspensions relate to the same summary suspension, shall have his or her vehicle impounded for a period of 30 days, at the person's own expense. A person who has his or her summary suspension extended for the fourth time, or has any combination of 4 extensions and new suspensions, entered as a result of a violation that occurred while holding the MDDP, so long as the extensions and new suspensions relate to the same summary suspension, shall have his or her vehicle subject to seizure and forfeiture. The Secretary shall notify the prosecuting authority of any third or fourth extensions or new suspension entered as a result of a violation that occurred while the person held a MDDP. Upon receipt of the notification, the prosecuting authority shall impound or forfeit the vehicle. The impoundment or forfeiture of a vehicle shall be conducted pursuant to the procedure specified in Article 36 of the Criminal Code of 2012.
(l) A person whose driving privileges have been suspended under Section 11-501.1 of this Code and who had a MDDP that was cancelled, or would have been cancelled had notification of a violation been received prior to expiration of the MDDP, pursuant to subsection (c-1) of this Section, shall not be eligible for reinstatement when the summary suspension is scheduled to terminate. Instead, the person's driving privileges shall be suspended for a period of not less than twice the original summary suspension period, or for the length of any extensions entered under subsection (j), whichever is longer. During the period of suspension, the person shall be eligible only to apply for a restricted driving permit. If a restricted driving permit is granted, the offender may only operate vehicles equipped with a BAIID in accordance with this Section.
(m) Any person or entity that supplies an ignition interlock device under this Section shall, for each ignition interlock device installed, pay 5% of the total gross revenue received for the device, including monthly monitoring fees, into the Indigent BAIID Fund. This 5% shall be clearly indicated as a separate surcharge on each invoice that is issued. The Secretary shall conduct an annual review of the fund to determine whether the surcharge is sufficient to provide for indigent users. The Secretary may increase or decrease this surcharge requirement as needed.
(n) Any person or entity that supplies an ignition interlock device under this Section that is requested to provide an ignition interlock device to a person who presents written documentation of indigency from the Secretary, as provided in subsection (c-5) of this Section, shall install the device on the person's vehicle without charge to the person and shall seek reimbursement from the Indigent BAIID Fund.
(o) The Indigent BAIID Fund is created as a special fund in the State treasury. The Secretary shall, subject to appropriation by the General Assembly, use all money in the Indigent BAIID Fund to reimburse ignition interlock device providers who have installed devices in vehicles of indigent persons. The Secretary shall make payments to such providers every 3 months. If the amount of money in the fund at the time payments are made is not sufficient to pay all requests for reimbursement submitted during that 3 month period, the Secretary shall make payments on a pro-rata basis, and those payments shall be considered payment in full for the requests submitted. If the amount of money in the fund exceeds the amount necessary to pay all requests for reimbursement during that 3-month period, the Secretary shall disburse the excess to the providers on a pro rata basis.
(p) The Monitoring Device Driving Permit Administration Fee Fund is created as a special fund in the State treasury. The Secretary shall, subject to appropriation by the General Assembly, use the money paid into this fund to offset its administrative costs for administering MDDPs.
(q) The Secretary is authorized to prescribe such forms as it deems necessary to carry out the provisions of this Section.
(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19; 102-699, eff. 4-19-22.)
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625 ILCS 5/6-206.2
(625 ILCS 5/6-206.2)
Sec. 6-206.2. Violations relating to an ignition interlock device.
(a) It is unlawful for any person whose driving privilege is restricted
by being prohibited from operating a motor vehicle not equipped with an
ignition interlock device to operate a motor vehicle not equipped with an ignition interlock device. (a-5) It is unlawful for any person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device to
request or solicit any other person to blow into
an ignition interlock device or to start a motor vehicle equipped with the
device for the purpose of providing the person so restricted with an operable
motor vehicle.
(b) It is unlawful to blow into an ignition interlock device or to start
a motor vehicle equipped with the device for the purpose of providing an
operable motor vehicle to a person whose driving privilege is restricted
by being prohibited from operating a motor vehicle not equipped with an
ignition interlock device.
(c) It is unlawful to tamper with, or circumvent the operation of, an
ignition interlock device.
(d) Except as provided in subsection (c)(17) of Section 5-6-3.1 of the
Unified Code of Corrections or by rule, no person shall knowingly rent, lease,
or lend a motor vehicle to a person known to have his or her driving privilege
restricted by being prohibited from operating a vehicle not equipped with an
ignition interlock device, unless the vehicle is equipped with a functioning
ignition interlock device. Any person whose driving privilege is so restricted
shall notify any person intending to rent, lease, or loan a motor vehicle to
the restricted person of the driving restriction imposed upon him or her.
(d-5) A person convicted of a violation of this Section is guilty of a Class A misdemeanor. (e) (Blank).
(Source: P.A. 95-27, eff. 1-1-08; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08.) |
625 ILCS 5/6-207
(625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
Sec. 6-207. Secretary of State may require reexamination or reissuance of a
license. (a) The Secretary of State, having good cause to believe that a licensed
driver or person holding a permit or applying for a license or license
renewal is incompetent or otherwise not qualified to hold a license or
permit, may upon written notice of at least 5 days to the person require the
person to submit to an examination as prescribed by the Secretary.
Refusal or neglect of the person to submit an alcohol, drug, or
intoxicating compound evaluation or
submit to or failure to successfully complete the examination is
grounds for suspension of the person's license or permit under
Section 6-206 of this Act or cancellation of his license or permit under
Section 6-201 of this Act.
(b) The Secretary of State, having issued a driver's license or
permit in error, may upon written notice of at least 5 days to the person,
require the person to appear at a Driver Services facility to have the
license or permit error corrected and a new license or permit issued.
Refusal or neglect of the person to appear is grounds for cancellation of
the person's license or permit under Section 6-201 of this Act.
(c) The Secretary of State, having issued a driver's license or permit to a person who subsequently becomes ineligible to retain that license or permit as currently issued, may, upon written notice of at least 5 days to the person, require the person to appear at a Driver Services facility to have the license or permit corrected and a new license or permit issued.
(d) The Secretary of State, having good cause to believe that a driver's license or permit was issued based on invalid, fictitious, or fraudulent documents, may upon written notice of at least 5 days require the person to appear at a Driver Services facility to present valid documents for verification of identity. Refusal or neglect of the person to appear shall result in cancellation of the person's license or permit. (e) Under 49 C.F.R. 383.73, if the Secretary of State receives credible information that a CLP or CDL was issued and fraud was committed relating to the issuance of the CLP or CDL, the Secretary shall require the CLP or CDL holder to re-submit to all testing required for the issuance of the CLP or CDL (written, pre-trip, skills, and road exams). Upon written notification by the Secretary, the holder shall have 5 days to submit to re-examination. Failure to appear or successfully complete the examination shall result in the cancellation of the CLP or CDL under Section 6-201 of this Act. (Source: P.A. 97-229, eff. 7-28-11; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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625 ILCS 5/6-208
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of suspension - application after revocation.
(a) Except as otherwise provided by this Code or any other law of this
State, the Secretary of State shall not suspend a driver's license,
permit, or privilege to drive a motor vehicle on the highways for a
period of more than one year.
(b) Any person whose license, permit, or privilege to drive a motor
vehicle on the highways has been revoked shall not be entitled to have
such license, permit, or privilege renewed or restored. However, such
person may, except as provided under subsections (d) and (d-5) of Section 6-205, make
application for a license pursuant to Section 6-106 (i) if the revocation
was
for a cause that
has been removed or (ii) as provided in the following
subparagraphs:
1. Except as provided in subparagraphs 1.3, 1.5, 2, | | 3, 4, and 5, the person may make application for a license (A) after the expiration of one year from the effective date of the revocation, (B) in the case of a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance, after the expiration of 3 years from the effective date of the revocation, or (C) in the case of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a law of another state relating to the offense of reckless homicide or a violation of subparagraph (F) of paragraph 1 of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, after the expiration of 2 years from the effective date of the revocation or after the expiration of 24 months from the date of release from a period of imprisonment as provided in Section 6-103 of this Code, whichever is later.
|
|
1.3. If the person is convicted of a second or
| | subsequent violation of Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out of separate occurrences, that person may not make application for a driver's license until:
|
| (A) the person has first been issued a
| | restricted driving permit by the Secretary of State; and
|
| (B) the expiration of a continuous period of
| | not less than 5 years following the issuance of the restricted driving permit during which the person's restricted driving permit is not suspended, cancelled, or revoked for a violation of any provision of law, or any rule or regulation of the Secretary of State relating to the required use of an ignition interlock device.
|
| 1.5. If the person is convicted of a violation of
| | Section 6-303 of this Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state, the person may not make application for a license or permit until the expiration of 3 years from the date of the conviction.
|
| 2. If such person is convicted of committing a second
| | violation within a 20-year period of:
|
|
(A) Section 11-501 of this Code or a similar
| | provision of a local ordinance;
|
|
(B) Paragraph (b) of Section 11-401 of this Code
| | or a similar provision of a local ordinance;
|
|
(C) Section 9-3 of the Criminal Code of 1961 or
| | the Criminal Code of 2012, relating to the offense of reckless homicide; or
|
|
(D) any combination of the above offenses
| | committed at different instances;
|
|
then such person may not make application for a license
| | until after the expiration of 5 years from the effective date of the most recent revocation. The 20-year period shall be computed by using the dates the offenses were committed and shall also include similar out-of-state offenses and similar offenses committed on a military installation.
|
|
2.5. If a person is convicted of a second violation
| | of Section 6-303 of this Code committed while the person's driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state, the person may not make application for a license or permit until the expiration of 5 years from the date of release from a term of imprisonment.
|
| 3. However, except as provided in subparagraph 4, if
| | such person is convicted of committing a third violation or any combination of the above offenses, including similar out-of-state offenses and similar offenses committed on a military installation, contained in subparagraph 2, then such person may not make application for a license until after the expiration of 10 years from the effective date of the most recent revocation.
|
|
4. Except as provided in paragraph (1.5) of
| | subsection (c) of Section 6-205 and subparagraph (F) of paragraph 3 of subsection (c) of Section 6-206 of this Code, the person may not make application for a license if the person is convicted of committing a fourth or subsequent violation of Section 11-501 of this Code or a similar provision of a local ordinance, Section 11-401 of this Code, Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or a combination of these offenses, similar provisions of local ordinances, similar out-of-state offenses, or similar offenses committed on a military installation.
|
|
4.5. A bona fide resident of a foreign jurisdiction
| | who is subject to the provisions of subparagraph 4 of this subsection (b) may make application for termination of the revocation after a period of 10 years from the effective date of the most recent revocation. However, if a person who has been granted a termination of revocation under this subparagraph 4.5 subsequently becomes a resident of this State, the revocation shall be reinstated and the person shall be subject to the provisions of subparagraph 4.
|
| 5. The person may not make application for a license
| | or permit if the person is convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.
|
| Notwithstanding any other provision of this Code, all persons referred to
in this paragraph (b) may not have their privileges restored until the
Secretary receives payment of the required reinstatement fee pursuant to
subsection (b) of Section 6-118.
In no event shall the Secretary issue such license
unless and until such person has had a hearing pursuant to this Code and
the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person, that
to grant the privilege of driving a motor vehicle on the highways will
not endanger the public safety or welfare.
(c) (Blank).
(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-642, eff. 7-28-16.)
|
625 ILCS 5/6-208.1 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) Sec. 6-208.1. Period of statutory summary alcohol, other drug,
or intoxicating compound related suspension or revocation. (a) Unless the statutory summary suspension has been rescinded, any
person whose privilege to drive a motor vehicle on the public highways has
been summarily suspended, pursuant to Section 11-501.1, shall not be
eligible for restoration of the privilege until the expiration of: 1. twelve months from the effective date of the | | statutory summary suspension for a refusal or failure to complete a test or tests to determine the alcohol, other drug, or intoxicating compound concentration under Section 11-501.1, if the person was not involved in a motor vehicle crash that caused personal injury or death to another; or
|
| 2. six months from the effective date of the
| | statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or intoxicating compound in such person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, pursuant to Section 11-501.1; or
|
| 3. three years from the effective date of the
| | statutory summary suspension for any person other than a first offender who refuses or fails to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration pursuant to Section 11-501.1; or
|
| 4. one year from the effective date of the summary
| | suspension imposed for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of 0.08 or more pursuant to Section 11-501.1, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance or compound in such person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act; or
|
| 5. (Blank).
(b) Following a statutory summary suspension of the privilege to drive a
motor vehicle under Section 11-501.1, driving privileges shall be
restored unless the person is otherwise suspended, revoked, or cancelled by this Code. If
the court has reason to believe that the person's
driving privilege should not be restored, the court shall notify
the Secretary of State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this Code.
(c) Driving privileges may not be restored until all applicable
reinstatement fees, as provided by this Code, have been paid to the Secretary
of State and the appropriate entry made to the driver's record.
(d) Where a driving privilege has been summarily suspended or revoked under Section
11-501.1 and the person is subsequently convicted of violating Section
11-501, or a similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension or revocation shall be credited toward
the minimum period of revocation of driving privileges imposed pursuant to
Section 6-205.
(e) A first offender who refused chemical testing and whose driving privileges were summarily revoked pursuant to Section 11-501.1 shall not be eligible for a monitoring device driving permit, but may make application for reinstatement or for a restricted driving permit after a period of one year has elapsed from the effective date of the revocation.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 102-982, eff. 7-1-23 .)
|
625 ILCS 5/6-208.2
(625 ILCS 5/6-208.2)
Sec. 6-208.2.
Restoration of driving privileges; persons under age 21.
(a) Unless the suspension based upon consumption of alcohol by a minor or
refusal to submit to testing has been rescinded by the Secretary of State in
accordance with item (c)(3) of Section 6-206 of this Code, a person whose
privilege to
drive a motor vehicle on the public highways has been suspended under
Section 11-501.8 is not eligible for restoration of the privilege until
the expiration of:
1. Six months from the effective date of the | | suspension for a refusal or failure to complete a test or tests to determine the alcohol concentration under Section 11-501.8;
|
|
2. Three months from the effective date of the
| | suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration greater than 0.00 under Section 11-501.8;
|
|
3. Two years from the effective date of the
| | suspension for a person who has been previously suspended under Section 11-501.8 and who refuses or fails to complete a test or tests to determine the alcohol concentration under Section 11-501.8; or
|
|
4. One year from the effective date of the
| | suspension imposed for a person who has been previously suspended under Section 11-501.8 following submission to a chemical test that disclosed an alcohol concentration greater than 0.00 under Section 11-501.8.
|
|
(b) Following a suspension of the privilege to drive a motor vehicle under
Section 11-501.8, full driving privileges shall be restored unless the person
is otherwise disqualified by this Code.
(c) Full driving privileges may not be restored until all applicable
reinstatement fees, as provided by this Code, have been paid to the Secretary
of State and the appropriate entry made to the driver's
record.
The Secretary of State may also, as a condition of the reissuance of a
driver's license or permit to an individual under the age of 18 years whose
driving privileges have been suspended pursuant to Section 11-501.8, require
the applicant to participate in a driver remedial education course and be
retested under Section 6-109.
(d) Where a driving privilege has been suspended under Section 11-501.8 and
the person is subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same incident, any period
served on that suspension shall be credited toward the minimum period of
revocation of driving privileges imposed under Section 6-205.
(e) Following a suspension of driving privileges under Section
11-501.8 for a person who has not had his or her driving privileges previously
suspended under that Section, the Secretary of State may
issue a restricted driving permit
after at least 30 days from the effective date of the suspension.
(f) Following a second or subsequent suspension of driving privileges
under Section 11-501.8, the Secretary of State may issue a restricted driving
permit
after at least 12 months from the effective date of the suspension.
(g) (Blank).
(h) Any restricted driving permit considered under this Section is
subject to the provisions of item (e) of Section 11-501.8.
(Source: P.A. 92-248, eff. 8-3-01.)
|
625 ILCS 5/6-209
(625 ILCS 5/6-209) (from Ch. 95 1/2, par. 6-209)
Sec. 6-209. Notice of Cancellation, Suspension or
Revocation - Surrender and Return of License.
The Secretary of State upon cancelling, suspending or revoking a
license or permit shall immediately notify the holder thereof in writing
and shall require that such license or permit shall be surrendered to
the Secretary of State. However, upon payment of the reinstatement
fee set out in subsection (g) of Section 6-118 at the end of any
period of suspension of a license the licensee, if not ineligible for some
other reason, shall be entitled to reinstatement of driving privileges and may apply for a duplicate driver's license if it has not then expired; or, in case it has
expired, to apply for a new license.
(Source: P.A. 101-185, eff. 1-1-20 .)
|
625 ILCS 5/6-209.1 (625 ILCS 5/6-209.1) Sec. 6-209.1. Restoration of driving privileges; revocation; suspension; cancellation. (a) The Secretary shall rescind the suspension or cancellation of a person's driver's license that has been suspended or canceled before July 1, 2020 (the effective date of Public Act 101-623) due to: (1) the person being convicted of theft of motor fuel | | under Section 16-25 or 16K-15 of the Criminal Code of 1961 or the Criminal Code of 2012;
|
| (2) the person, since the issuance of the driver's
| | license, being adjudged to be afflicted with or suffering from any mental disability or disease;
|
| (3) a violation of Section 6-16 of the Liquor Control
| | Act of 1934 or a similar provision of a local ordinance;
|
| (4) the person being convicted of a violation of
| | Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance, if the person presents a certified copy of a court order that includes a finding that the person was not an occupant of a motor vehicle at the time of the violation;
|
| (5) the person receiving a disposition of court
| | supervision for a violation of subsection (a), (d), or (e) of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance, if the person presents a certified copy of a court order that includes a finding that the person was not an occupant of a motor vehicle at the time of the violation;
|
| (6) the person failing to pay any fine or penalty due
| | or owing as a result of 10 or more violations of a municipality's or county's vehicular standing, parking, or compliance regulations established by ordinance under Section 11-208.3 of this Code;
|
| (7) the person failing to satisfy any fine or penalty
| | resulting from a final order issued by the Illinois State Toll Highway Authority relating directly or indirectly to 5 or more toll violations, toll evasions, or both;
|
| (8) the person being convicted of a violation of
| | Section 4-102 of this Code, if the person presents a certified copy of a court order that includes a finding that the person did not exercise actual physical control of the vehicle at the time of the violation; or
|
| (9) the person being convicted of criminal trespass
| | to vehicles under Section 21-2 of the Criminal Code of 2012, if the person presents a certified copy of a court order that includes a finding that the person did not exercise actual physical control of the vehicle at the time of the violation.
|
|
(b) As soon as practicable and no later than July 1, 2021, the Secretary shall rescind the suspension, cancellation, or prohibition of renewal of a person's driver's license that has been suspended, canceled, or whose renewal has been prohibited before the effective date of this amendatory Act of the 101st General Assembly due to the person having failed to pay any fine or penalty for traffic violations, automated traffic law enforcement system violations as defined in Sections 11-208.6, and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle fees.
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
|
625 ILCS 5/6-210
(625 ILCS 5/6-210) (from Ch. 95 1/2, par. 6-210)
Sec. 6-210.
No operation under foreign license during suspension or
revocation in this State.
Any resident or nonresident whose drivers license or permit or privilege
to operate a motor vehicle in this State has been suspended or revoked as
provided in this Act shall not operate a motor vehicle in this State:
(1) during the period of such suspension, except as | | permitted by a restricted driving permit issued under the provisions of Section 6-206 of this Act; or
|
|
(2) after such revocation until a license is obtained
| | when and as permitted under this Act, except as permitted by a restricted driving permit issued under the provisions of Section 6-205 of this Act.
|
|
(Source: P.A. 92-16, eff. 6-28-01.)
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625 ILCS 5/6-211
(625 ILCS 5/6-211) (from Ch. 95 1/2, par. 6-211)
Sec. 6-211.
Secretary of State to Administer Act-Notices Required.
(a) The Secretary of State shall administer the provisions of this
Chapter and may make and enforce rules and regulations relating to its
administration.
(b) The Secretary of State shall either provide or prescribe suitable
forms requisite or deemed necessary by him for the purposes of this
Chapter.
(c) Whenever under the provisions of this Chapter the Secretary of State
is required to give notice to any person such notice shall be deemed to
have been served either when personally delivered or when deposited in the
United States mail, in a sealed envelope, with postage prepaid, addressed
to the party affected thereby at his last known residence or place of
business.
(Source: P.A. 76-1586.)
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625 ILCS 5/6-212
(625 ILCS 5/6-212) (from Ch. 95 1/2, par. 6-212)
Sec. 6-212.
Court Review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Secretary of State
hereunder.
(Source: P.A. 82-783.)
|
625 ILCS 5/Ch. 6 Art. III
(625 ILCS 5/Ch. 6 Art. III heading)
ARTICLE III.
VIOLATION OF LICENSE PROVISIONS
|
625 ILCS 5/6-301
(625 ILCS 5/6-301) (from Ch. 95 1/2, par. 6-301)
Sec. 6-301.
Unlawful use of license or permit.
(a) It is a violation of this Section for any person:
1. To display or cause to be displayed or have in his | | possession any cancelled, revoked or suspended license or permit;
|
|
2. To lend his license or permit to any other person
| | or knowingly allow the use thereof by another;
|
|
3. To display or represent as his own any license or
| | permit issued to another;
|
|
4. To fail or refuse to surrender to the Secretary of
| | State or his agent or any peace officer upon his lawful demand, any license or permit, which has been suspended, revoked or cancelled;
|
|
5. To allow any unlawful use of a license or permit
| |
6. To submit to an examination or to obtain the
| | services of another person to submit to an examination for the purpose of obtaining a drivers license or permit for some other person.
|
|
(b) Sentence.
1. Any person convicted of a violation of this
| | Section shall be guilty of a Class A misdemeanor and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available.
|
|
2. Any person convicted of a second or subsequent
| | violation of this Section shall be guilty of a Class 4 felony.
|
|
3. In addition to any other sentence imposed under
| | paragraph 1 or 2 of this subsection (b), a person convicted of a violation of paragraph 6 of subsection (a) shall be imprisoned for not less than 7 days.
|
|
(c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(d) This Section does not apply to licenses and permits invalidated under
Section 6-301.3 of this Code.
(Source: P.A. 92-647, eff. 1-1-03; 92-883, eff. 1-13-03.)
|
625 ILCS 5/6-301.1 (625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1)
Sec. 6-301.1. Fictitious or unlawfully altered driver's license or
permit.
(a) As used in this Section:
1. "A fictitious driver's license or permit" means | | any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction which contains false information concerning the identity of the individual issued the license or permit.
|
|
2. "False information" means:
(A) Any information concerning an individual's
| | legal name, address, sex, date of birth, or social security number that (i) falsifies all or in part the actual identity of the individual issued the license or permit, (ii) in the case of information concerning an address, is information concerning a non-existent address that is used to obtain the license or permit, or (iii) is any combination of items (i) and (ii) of this subparagraph (A).
|
|
(B) Any photograph that falsifies all or in part
| | the actual identity of the individual issued the license or permit.
|
| 3. "An unlawfully altered driver's license or permit"
| | means any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction which has been physically altered or changed in such a manner that false information appears upon the license or permit.
|
|
4. "A document capable of defrauding another"
| | includes, but is not limited to, any document by which any right, obligation, or power with reference to any person or property may be created, transferred, altered, or terminated.
|
|
5. "An identification document" means any document
| | made or issued by or under the authority of the United States Government, the State of Illinois, or any other state or political subdivision thereof, or any other governmental or quasi-governmental organization which, when completed with information concerning the individual, is of a type intended or commonly accepted for the purpose of identification of an individual.
|
|
6. "Common carrier" means any public or private
| | provider of transportation, whether by land, air, or water.
|
|
(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or unlawfully
| | altered driver's license or permit;
|
|
2. To knowingly possess, display, or cause to be
| | displayed any fictitious or unlawfully altered driver's license or permit for the purpose of obtaining any account, credit, credit card, or debit card from a bank, financial institution, or retail mercantile establishment;
|
|
3. To knowingly possess any fictitious or unlawfully
| | altered driver's license or permit with the intent to commit a theft, deception, or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction;
|
|
4. To knowingly possess any fictitious or unlawfully
| | altered driver's license or permit with the intent to commit any other violation of any law of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided;
|
|
5. To knowingly possess any fictitious or unlawfully
| | altered driver's license or permit while in possession without authority of any document, instrument, or device capable of defrauding another;
|
|
6. To knowingly possess any fictitious or unlawfully
| | altered driver's license or permit with the intent to use the license or permit to acquire any other identification document;
|
|
7. To knowingly issue or assist in the issuance of
| | any fictitious driver's license or permit;
|
|
8. To knowingly alter or attempt to alter any
| | driver's license or permit;
|
|
9. To knowingly manufacture, possess, transfer, or
| | provide any identification document whether real or fictitious for the purpose of obtaining a fictitious driver's license or permit;
|
|
10. To knowingly use any fictitious or unlawfully
| | altered driver's license or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier;
|
|
11. To knowingly possess any fictitious or unlawfully
| | altered driver's license or permit if the person has at the time a different driver's license issued by the Illinois Secretary of State or other official driver's license agency in another jurisdiction that is suspended or revoked.
|
|
(c) Sentence.
1. Any person convicted of a violation of paragraph 1
| | of subsection (b) of this Section shall be guilty of a Class A misdemeanor and shall be sentenced to minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. A person convicted of a second or subsequent violation shall be guilty of a Class 4 felony.
|
|
2. Any person convicted of a violation of paragraph 3
| | of subsection (b) of this Section who at the time of arrest had in his possession two or more fictitious or unlawfully altered driver's licenses or permits shall be guilty of a Class 4 felony.
|
|
3. Any person convicted of a violation of any of
| | paragraphs 2 through 11 of subsection (b) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony.
|
|
(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement, or other activity of any agency
of the United States, State of Illinois, or any other state or political
subdivision thereof.
(Source: P.A. 96-1120, eff. 1-1-11.)
|
625 ILCS 5/6-301.2 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
Sec. 6-301.2. Fraudulent driver's license or permit.
(a) (Blank).
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's | |
2. To knowingly possess, display or cause to be
| | displayed any fraudulent driver's license or permit for the purpose of obtaining any account, credit, credit card or debit card from a bank, financial institution or retail mercantile establishment;
|
|
3. To knowingly possess any fraudulent driver's
| | license or permit with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction;
|
|
4. To knowingly possess any fraudulent driver's
| | license or permit with the intent to commit any other violation of any laws of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided;
|
|
5. To knowingly possess any fraudulent driver's
| | license or permit while in unauthorized possession of any document, instrument or device capable of defrauding another;
|
|
6. To knowingly possess any fraudulent driver's
| | license or permit with the intent to use the license or permit to acquire any other identification document;
|
|
7. To knowingly possess without authority any
| | driver's license-making or permit-making implement;
|
|
8. To knowingly possess any stolen driver's
| | license-making or permit-making implement or to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official driver's license or permit issued by the Secretary of State;
|
|
9. To knowingly duplicate, manufacture, sell or
| | transfer any fraudulent driver's license or permit;
|
|
10. To advertise or distribute any information or
| | materials that promote the selling, giving, or furnishing of a fraudulent driver's license or permit;
|
|
11. To knowingly use any fraudulent driver's license
| | or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier. As used in this Section, "common carrier" means any public or private provider of transportation, whether by land, air, or water;
|
|
12. To knowingly possess any fraudulent driver's
| | license or permit if the person has at the time a different driver's license issued by the Secretary of State or another official driver's license agency in another jurisdiction that is suspended or revoked.
|
|
(b-1) It is a violation of this Section for any person to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the reading of encrypted language from the bar code or magnetic strip of an official Illinois driver's license issued by the Secretary of State. This subsection (b-1) does not apply if a federal or State law, rule, or regulation requires that the card holder's address be recorded in specified transactions or if the encrypted information is obtained for the detection or possible prosecution of criminal offenses or fraud. If the address information is obtained under this subsection (b-1), it may be used only for the purposes authorized by this subsection (b-1).
(c) Sentence.
1. Any person convicted of a violation of paragraph 1
| | of subsection (b) of this Section shall be guilty of a Class 4 felony and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available.
|
|
2. Any person convicted of a violation of any of
| | paragraphs 2 through 9 or paragraph 11 or 12 of subsection (b) of this Section or a violation of subsection (b-1) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony.
|
|
3. Any person convicted of a violation of paragraph
| | 10 of subsection (b) of this Section shall be guilty of a Class B misdemeanor.
|
|
(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(e) The Secretary may request the Attorney General to seek a
restraining order in the circuit court against any person who violates this
Section by advertising fraudulent driver's licenses or permits.
(Source: P.A. 93-667, eff. 3-19-04; 93-895, eff. 1-1-05; 94-239, eff. 1-1-06; 94-930, eff. 6-26-06.)
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625 ILCS 5/6-301.3
(625 ILCS 5/6-301.3)
Sec. 6-301.3. Invalidation of a driver's license or permit.
(a) The Secretary of State may invalidate a driver's license or permit:
(1) when the holder voluntarily surrenders the | | license or permit and declares his or her intention to do so in writing to the Secretary;
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(2) when the Secretary receives a certified court
| | order indicating the holder is to refrain from driving;
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(3) upon the death of the holder; or
(4) as the Secretary deems appropriate by
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(b) A driver's license or permit invalidated under this Section shall
nullify the holder's driving privileges. If a license is invalidated under
subdivision (a)(3) of this Section, the actual
license
or permit may be released to a relative
of the decedent; provided, the actual license or permit bears a readily
identifiable designation evidencing invalidation as prescribed by the
Secretary.
(c) If a driver is issued a citation for any violation of this Code or a similar local ordinance and the violation is the proximate cause of the death or Type A injury of another, the prosecuting authority may ask the court to enter an order invalidating the driver's license or permit under paragraph (2) of subsection (a) of this Section. For purposes of this Section, Type A injury has the meaning ascribed in Section 6-108.1 of this Code.
(Source: P.A. 98-168, eff. 1-1-14.)
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625 ILCS 5/6-302
(625 ILCS 5/6-302) (from Ch. 95 1/2, par. 6-302)
Sec. 6-302. Making false application or affidavit - perjury.
(a) It is a violation of this Section for any person:
1. To display or present any document for the | | purpose of making application for a driver's license or permit knowing that such document contains false information concerning the identity of the applicant;
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2. To accept or allow to be accepted any document
| | displayed or presented for the purpose of making application for a driver's license or permit knowing that such document contains false information concerning the identity of the applicant;
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3. To knowingly make any false affidavit or swear or
| | affirm falsely to any matter or thing required by the terms of this Act to be sworn to or affirmed.
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(b) Sentence.
1. Any person convicted of a violation of this
| | Section shall be guilty of a Class 4 felony.
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2. Any person convicted of a second or subsequent
| | violation of this Section shall be guilty of a Class 3 felony.
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(c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(Source: P.A. 99-642, eff. 7-28-16.)
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625 ILCS 5/6-303
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit, or privilege to
operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5) or (a-7), any person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such person's driver's
license, permit, or privilege to do so or the privilege to obtain a driver's
license or permit is revoked or suspended as provided by this Code or the law
of another state, except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary
license to drive, or a restricted driving permit issued pursuant to this Code
or under the law of another state, shall be guilty of a Class A misdemeanor.
(a-3) A second or subsequent violation of subsection (a) of this Section is a Class 4 felony if committed by a person whose driving or operation of a motor vehicle is the proximate cause of a motor vehicle crash that causes personal injury or death to another. For purposes of this subsection, a personal injury includes any Type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. (a-5) Any person who violates this Section as provided in subsection (a) while his or her driver's license, permit, or privilege is revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state, is guilty of a Class 4 felony. The person shall be required to undergo a professional evaluation, as provided in Section 11-501 of this Code, to determine if an alcohol, drug, or intoxicating compound problem exists and the extent of the problem, and to undergo the imposition of treatment as appropriate.
(a-7) Any person who violates this Section as provided in subsection (a) while his or her driver's license or privilege to drive is suspended under Section 6-306.5 or 7-702 of this Code shall receive a Uniform Traffic Citation from the law enforcement officer. A person who receives 3 or more Uniform Traffic Citations under this subsection (a-7) without paying any fees associated with the citations shall be guilty of a Class A misdemeanor. (a-10) A person's driver's license, permit, or privilege to obtain a driver's license or permit may be subject to multiple revocations, multiple suspensions, or any combination of both simultaneously. No revocation or suspension shall serve to negate, invalidate, cancel, postpone, or in any way lessen the effect of any other revocation or suspension entered prior or subsequent to any other revocation or suspension. (b) (Blank). (b-1) Except for a person under subsection (a-7) of this Section, upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle during the time when the person's driver's license, permit, or privilege was suspended by the Secretary of State or the driver's licensing administrator of another state, except as specifically allowed by a probationary license, judicial driving permit, restricted driving permit, or monitoring device driving permit, the Secretary shall extend the suspension for the same period of time as the originally imposed suspension unless the suspension has already expired, in which case the Secretary shall be authorized to suspend the person's driving privileges for the same period of time as the originally imposed suspension. (b-2) Except as provided in subsection (b-6) or (a-7), upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle when the person's driver's license, permit, or privilege was revoked by the Secretary of State or the driver's license administrator of any other state, except as specifically allowed by a restricted driving permit issued pursuant to this Code or the law of another state, the Secretary shall not issue a driver's license for an additional period of one year from the date of such conviction indicating such person was operating a vehicle during such period of revocation. (b-3) (Blank).
(b-4) When the Secretary of State receives a report of a conviction of any violation indicating a person was operating a motor vehicle that was not equipped with an ignition interlock device during a time when the person was prohibited from operating a motor vehicle not equipped with such a device, the Secretary shall not issue a driver's license to that person for an additional period of one year from the date of the conviction.
(b-5) Any person convicted of violating this Section shall serve a minimum
term of imprisonment of 30 consecutive days or 300
hours of community service
when the person's driving privilege was revoked or suspended as a result of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state.
The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (b-6) Upon receiving a report of a first conviction of operating a motor vehicle while the person's driver's license, permit, or privilege was revoked where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense, the Secretary shall not issue a driver's license for an additional period of 3 years from the date of such conviction. (c) Except as provided in subsections (c-3) and (c-4), any person convicted of violating this Section shall serve a minimum
term of imprisonment of 10 consecutive days or 30
days of community service
when the person's driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a | | similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof; or
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(2) a violation of paragraph (b) of Section 11-401 of
| | this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor vehicle crash involving personal injury or death; or
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(3) a statutory summary suspension or revocation
| | under Section 11-501.1 of this Code.
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Such sentence of imprisonment or community service shall not be subject
to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (a-7), (c-5), and (d), any person convicted of a
second violation of this Section shall be ordered by the court to serve a
minimum
of 100 hours of community service. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(c-2) In addition to other penalties imposed under this Section, the
court may impose on any person convicted a fourth time of violating this
Section any of
the following:
(1) Seizure of the license plates of the person's
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(2) Immobilization of the person's vehicle for a
| | period of time to be determined by the court.
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(c-3) Any person convicted of a violation of this Section during a period of summary suspension imposed pursuant to Section 11-501.1 when the person was eligible for a monitoring device driving permit shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.
(c-4) Any person who has been issued a monitoring device driving permit or a restricted driving permit which requires the person to operate only motor vehicles equipped with an ignition interlock device and who is convicted of a violation of this Section as a result of operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device at the time of the offense shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of
imprisonment, if:
(1) the current violation occurred when the person's
| | driver's license was suspended or revoked for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense; and
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| (2) the prior conviction under this Section occurred
| | while the person's driver's license was suspended or revoked for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense, or was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.
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| (d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court, if:
(1) the current violation occurred when the person's
| | driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code; and
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| (2) the prior conviction under this Section occurred
| | while the person's driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code, or for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense.
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The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d-1) Except as provided in subsections (a-7), (d-2), (d-2.5), and (d-3), any
person convicted of
a third or subsequent violation of this Section shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 30 days, if:
(1) the current violation occurred when the person's
| | driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code; and
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| (2) the prior convictions under this Section occurred
| | while the person's driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code, or for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense.
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(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of
imprisonment, if:
(1) the current violation occurred while the person's
| | driver's license was suspended or revoked for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense. The person's driving privileges shall be revoked for the remainder of the person's life; and
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| (2) the prior convictions under this Section occurred
| | while the person's driver's license was suspended or revoked for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense, or was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.
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| (d-3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
(1) the current violation occurred when the person's
| | driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code; and
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| (2) the prior convictions under this Section occurred
| | while the person's driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code, or for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense.
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(d-3.5) Any person convicted of a fourth or subsequent violation of this
Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, must serve a mandatory term of
imprisonment, and is eligible for an extended term, if:
(1) the current violation occurred when the person's
| | driver's license was suspended or revoked for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense; and
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| (2) the prior convictions under this Section occurred
| | while the person's driver's license was suspended or revoked for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense, or was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.
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| (d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if:
(1) the current violation occurred when the person's
| | driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code; and
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| (2) the prior convictions under this Section occurred
| | while the person's driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory suspension or revocation under Section 11-501.1 of this Code, or for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense.
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| (d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if:
(1) the current violation occurred when the person's
| | driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code; and
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| (2) the prior convictions under this Section occurred
| | while the person's driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code, or for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense.
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| (e) Any person in violation of this Section who is also in violation of
Section 7-601 of this Code relating to mandatory insurance requirements, in
addition to other penalties imposed under this Section, shall have his or her
motor vehicle immediately impounded by the arresting law enforcement officer.
The motor vehicle may be released to any licensed driver upon a showing of
proof of insurance for the vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified copy of the
driving abstract of the defendant shall be admitted as proof of any prior
conviction.
(g) The motor vehicle used in a violation of this Section is subject
to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the
Criminal Code of 2012 if the person's driving privilege was revoked
or suspended as a result of:
(1) a violation of Section 11-501 of this Code, a
| | similar provision of a local ordinance, or a similar provision of a law of another state;
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| (2) a violation of paragraph (b) of Section 11-401 of
| | this Code, a similar provision of a local ordinance, or a similar provision of a law of another state;
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| (3) a statutory summary suspension or revocation
| | under Section 11-501.1 of this Code or a similar provision of a law of another state; or
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| (4) a violation of Section 9-3 of the Criminal Code
| | of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state.
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(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-304
(625 ILCS 5/6-304) (from Ch. 95 1/2, par. 6-304)
Sec. 6-304.
Permitting unauthorized person to drive.
No person shall cause, authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any highway by any
person who is not authorized hereunder or in violation of any of the
provisions of this Act.
(Source: P.A. 76-1586.)
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625 ILCS 5/6-304.1
(625 ILCS 5/6-304.1) (from Ch. 95 1/2, par. 6-304.1)
Sec. 6-304.1.
Permitting a driver under the influence to operate a motor
vehicle. No person shall knowingly cause, authorize, or permit a motor vehicle
owned by, or under the control of, such person to be driven or operated upon
a highway by anyone who is under the influence of alcohol, other drugs, or
combination thereof. This provision shall not apply to a spouse of the
person who owns or has control of, or a co-owner of, a motor vehicle or to
a bailee for hire.
Any person convicted of violating this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 84-1394.)
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625 ILCS 5/6-305
(625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
Sec. 6-305. Renting motor vehicle to another.
(a) No person shall rent a motor vehicle to any other person unless the
latter person, or a driver designated by a nondriver with disabilities and
meeting any minimum age and driver's record requirements that are uniformly
applied by the person renting a motor vehicle, is then duly licensed
hereunder or, in the case of a
nonresident, then duly licensed under the laws of the State or country of
his residence unless the State or country of his residence does not require
that a driver be licensed.
(b) No person shall rent a motor vehicle to another until he has
inspected, including through electronic or digital means, the driver's license of the person to whom the vehicle is to be
rented, or by whom it is to be driven, and verified the license is unexpired
unless, in the case of a
nonresident, the State or country wherein the nonresident resides does not
require that a driver be licensed.
(c) No person shall rent a motorcycle to another unless the latter
person is then duly licensed hereunder as a motorcycle operator, and in the
case of a nonresident, then duly licensed under the laws of the State or
country of his residence, unless the State or country of his residence does
not require that a driver be licensed. (c-1) A rental car company that rents a motor vehicle shall ensure that the renter is provided with an emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries, including the ability to provide the caller with the telephone number of the location from which the vehicle was rented, if requested by the caller. If an owner's manual is not available in the vehicle at the time of the rental, an owner's manual for that vehicle or a similar model shall be accessible by the personnel answering the emergency telephone number for assistance with inquiries about the operation of the vehicle.
(d) (Blank).
(e) (Blank).
(f) Subject to subsection (l), any person who rents a motor vehicle to another shall only
advertise, quote, and charge a rental rate that includes the entire amount
except taxes, a mileage charge, and airport concession charge, if any, which a renter must pay to hire
or lease the vehicle for the period of time to which the rental rate
applies.
The person must provide, on the request of the renter, based on the
available information, an estimated total of the daily rental rate,
including all applicable taxes, fees, and other charges, or an
estimated total rental charge, based on the return date of the vehicle
noted on the rental agreement. Further, if the rental agreement does
not already provide an estimated total rental charge, the following
statement must be included in the rental agreement:
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON | | AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN DATE NOTED ON THIS AGREEMENT."
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Such person shall not charge in addition to the rental rate,
taxes, mileage charge, and airport concession charge, if any, any fee which must be paid by the renter
as a condition of hiring or leasing the vehicle, such as, but not limited
to, required fuel or airport surcharges, nor any fee for transporting the
renter to the location where the rented vehicle will be delivered to the
renter. In addition to the rental rate, taxes, mileage charge, and airport concession charge, if any,
such person may charge for an item or service provided in connection with a
particular rental transaction if the renter can avoid incurring the charge by
choosing not to obtain or utilize the optional item or service. Items and
services for which such person may impose an additional charge include, but are
not limited to, optional insurance and accessories requested by the renter,
service charges incident to the renter's optional return of the vehicle to
a location other than the location where the vehicle was hired or leased,
and charges for refueling the vehicle at the conclusion of the rental
transaction in the event the renter did not return the vehicle with as much
fuel as was in the fuel tank at the beginning of the rental. "Airport concession charge" means a charge or fee imposed and collected from a renter to reimburse the motor vehicle rental company for the concession fee it is required to pay to a local government corporate authority or airport authority to rent motor vehicles at the airport facility. The airport concession charge is in addition to any customer facility charge or any other charge.
(f-5) A rental car company that offers a renter the opportunity to use a transponder or other electronic tolling device shall notify the renter of the opportunity to use the device at or before the beginning of the rental agreement.
If a vehicle offered by a rental car company is equipped with a transponder or other electronic tolling device and the company fails to notify the renter of the option to use the device, the rental car company shall not:
(1) charge a renter a fee of more than $2 each day
| | for the use of a transponder or other electronic tolling device; however, the company may recoup the actual cost incurred for any toll; and
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| (2) charge a renter a daily fee on any day the renter
| | does not drive through an electronic toll or only drives through an electronic toll collection system for which no alternative payment option exists.
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| (g) Every person renting a motor vehicle to another shall keep a record
of the registration number of the motor vehicle so rented, the name and
address of the person to whom the vehicle is rented, the number of the
license, if any, of said latter person, and the place
where the license, if any, was issued. Such record may be maintained in an electronic or digital format, and shall be open
to
inspection by any police officer or designated agent of the Secretary of
State.
(h) A person licensed as a new car dealer under Section 5-101 of this
Code shall not be subject to the provisions of this Section regarding the
rental of private passenger motor vehicles when providing, free of charge,
temporary substitute vehicles for customers to operate during a period when
a customer's vehicle, which is either leased or owned by that customer, is
being repaired, serviced, replaced or otherwise made unavailable to the
customer in accordance with an agreement with the licensed new car dealer
or vehicle manufacturer, so long as the customer orally or in writing is
made aware that the temporary substitute vehicle will be covered by his or
her
insurance policy and the customer shall only be liable to the extent of any
amount deductible from such insurance coverage in accordance with the terms
of the policy.
(i) This Section, except the requirements of subsection (g), also applies
to rental agreements of 30 continuous days or less involving a motor
vehicle that was delivered by an out of State person or business to a
renter in this State.
(j) A public airport
may, if approved by its local government corporate authorities or its airport
authority, impose a customer facility charge upon customers of rental car
companies for the purposes of financing, designing, constructing,
operating, and maintaining consolidated car rental facilities and common
use transportation equipment and
facilities,
which are used to transport the customer, connecting consolidated
car rental facilities with other airport facilities.
Notwithstanding
subsection (f) of this
Section, the customer facility charge shall
be collected by the rental car company as a separate charge, and clearly
indicated as
a separate charge
on the rental agreement and invoice.
Facility charges shall be immediately deposited into a trust account
for the benefit of the airport and
remitted at the direction of the airport, but
not more often than once per month.
The charge shall be uniformly calculated on a per-contract or per-day
basis.
Facility charges imposed by the airport may not exceed the reasonable
costs of financing, designing, constructing, operating, and maintaining the
consolidated car rental facilities and common use transportation equipment and
facilities and may not be used for any other purpose.
Notwithstanding any other provision of law, the charges collected
under
this Section are not subject to retailer occupation, sales,
use,
or transaction taxes.
(k) When a rental car company states a rental rate in any of its rate
advertisements, its proprietary computer
reservation systems, or its in-person quotations
intended to apply to
an airport rental, a company that collects from its customers a customer
facility charge for that rental under subsection (j) shall do all of the
following:
(1) Clearly and conspicuously disclose in any radio,
| | television, or other electronic media advertisements the existence and amount of the charge if the advertisement is intended for rentals at an airport imposing the charge or, if the advertisement covers an area with multiple airports with different charges, a range of amounts of customer facility charges if the advertisement is intended for rentals at an airport imposing the charge.
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(2) Clearly and conspicuously disclose in any print
| | rate advertising the existence and amount of the charge if the advertisement is intended for rentals at an airport imposing the charge or, if the print rate advertisement covers an area with multiple airports with different charges, a range of amounts of customer facility charges if the advertisement is intended for rentals at an airport imposing the charge.
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(3) Clearly and conspicuously disclose the existence
| | and amount of the charge in any telephonic, in-person, or computer-transmitted quotation from the rental car company's proprietary computer reservation system at the time of making an initial quotation of a rental rate if the quotation is made by a rental car company location at an airport imposing the charge and at the time of making a reservation of a rental car if the reservation is made by a rental car company location at an airport imposing the charge.
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(4) Clearly and conspicuously display the charge in
| | any proprietary computer-assisted reservation or transaction directly between the rental car company and the customer, shown or referenced on the same page on the computer screen viewed by the customer as the displayed rental rate and in a print size not smaller than the print size of the rental rate.
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(5) Clearly and conspicuously disclose and separately
| | identify the existence and amount of the charge on its rental agreement.
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(6) A rental car company that collects from its
| | customers a customer facility charge under subsection (j) and engages in a practice which does not comply with subsections (f), (j), and (k) commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.
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(l) Notwithstanding subsection (f), any person who rents a motor vehicle to another may, in connection with the rental of a motor vehicle to (i) a business renter or (ii) a business program sponsor under the sponsor's business program, do the following:
(1) separately quote, by telephone, in person, or by
| | computer transmission, additional charges for the rental; and
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| (2) separately impose additional charges for the
| | (l-5) A person licensed under Section 5-101, 5-101.2, or 5-102 of this Code shall not participate in a rental-purchase agreement vehicle program unless the licensee retains the vehicle in his or her name and retains proof of proper vehicle registration under Chapter 3 of this Code and liability insurance under Section 7-601 of this Code. The licensee shall transfer ownership of the vehicle to the renter within 20 calendar days of the agreed-upon date of completion of the rental-purchase agreement. If the licensee fails to transfer ownership of the vehicle to the renter within the 20 calendar days, then the renter may apply for the vehicle's title to the Secretary of State by providing the Secretary the rental-purchase agreement, an application for title, the required title fee, and any other documentation the Secretary deems necessary to determine ownership of the vehicle. For purposes of this subsection (l-5), "rental-purchase agreement" has the meaning set forth in Section 1 of the Rental-Purchase Agreement Act.
(m) As used in this Section:
(1) "Additional charges" means charges other than:
| | (i) a per period base rental rate; (ii) a mileage charge; (iii) taxes; or (iv) a customer facility charge.
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| (2) "Business program" means:
(A) a contract between a person who rents motor
| | vehicles and a business program sponsor that establishes rental rates at which the person will rent motor vehicles to persons authorized by the sponsor; or
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| (B) a plan, program, or other arrangement
| | established by a person who rents motor vehicles at the request of, or with the consent of, a business program sponsor under which the person offers to rent motor vehicles to persons authorized by the sponsor on terms that are not the same as those generally offered by the rental company to the public.
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| (3) "Business program sponsor" means any legal
| | entity other than a natural person, including a corporation, limited liability company, partnership, government, municipality or agency, or a natural person operating a business as a sole proprietor.
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| (4) "Business renter" means any person renting a
| | motor vehicle for business purposes or, for any business program sponsor, a person who is authorized by the sponsor to enter into a rental contract under the sponsor's business program. "Business renter" does not include a person renting as:
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| (A) a non-employee member of a not-for-profit
| | (B) the purchaser of a voucher or other prepaid
| | rental arrangement from a person, including a tour operator, engaged in the business of reselling those vouchers or prepaid rental arrangements to the general public;
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| (C) an individual whose car rental is eligible
| | for reimbursement in whole or in part as a result of the person being insured or provided coverage under a policy of insurance issued by an insurance company; or
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| (D) an individual whose car rental is eligible
| | for reimbursement in whole or in part as a result of the person purchasing motor vehicle repair services from a person licensed to perform those services.
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| (Source: P.A. 100-450, eff. 1-1-18; 100-878, eff. 1-1-19; 101-611, eff. 6-1-20 .)
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625 ILCS 5/6-305.1
(625 ILCS 5/6-305.1) (from Ch. 95 1/2, par. 6-305.1)
Sec. 6-305.1.
Unlawful subleasing of a motor vehicle.
(a) It is unlawful for any person who is not a party to a lease
contract, conditional sale contract, or security agreement which transfers
any right or interest in a motor vehicle to:
(1) obtain or exercise control over a motor vehicle and then sell,
transfer, assign, or lease the motor vehicle to another person without
first obtaining written authorization from the secured creditor, lessor, or
lienholder for the sale, transfer, assignment, or lease if he receives
compensation or other consideration for the sale, transfer, assignment, or
lease of the motor vehicle; or
(2) assist, cause, or arrange the actual or purported sale, transfer,
assignment, or lease of a motor vehicle to another person without first
obtaining written authorization
from the secured creditor, lessor, or lienholder for the sale, transfer,
assignment, or lease if he receives compensation or other consideration for
assisting, causing, or arranging the sale, transfer, assignment, or lease
of the motor vehicle.
(3) this subsection shall not apply to any employee acting upon request of
his employer.
(b) Any person who violates the provisions of this Section is guilty of
a Class A misdemeanor.
(c) Notwithstanding any other remedy or relief to which a person is
entitled, anyone suffering damage as a result of a violation of this
Section may bring an action to recover or obtain actual damages, equitable
relief, including, but not limited to, an injunction or restitution of
money and property, reasonable attorney's fees and costs,
and any other relief the court deems proper.
(Source: P.A. 86-748.)
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625 ILCS 5/6-305.2
(625 ILCS 5/6-305.2)
Sec. 6-305.2. Limited liability for damage.
(a) Damage to private
passenger vehicle. A person who rents a motor vehicle to another may hold
the renter liable for
physical or mechanical damage to the rented motor vehicle that occurs during
the time the motor vehicle is under the rental agreement.
(b) Limits on liability due to theft for a vehicle having an MSRP of $50,000 or less. The total liability of a renter who rents from another a motor vehicle that has an MSRP of $50,000 or less and that is stolen shall be the actual and reasonable costs incurred by the loss due to theft of the rental motor vehicle up to $5,000; provided, however, that if it is established that the renter or authorized driver failed to exercise ordinary care while in possession of the vehicle or that the renter or authorized driver committed or aided and abetted the commission of a theft, then the damages shall be the actual and reasonable costs of the rental vehicle up to its fair market value, as determined by the customary market for the sale of the vehicle.
Beginning
June
1, 2000,
and annually each June 1 thereafter, the maximum amount that may be recovered
from an authorized driver under this subsection (b) shall be increased by $500 above the maximum recovery
allowed immediately prior to June 1 of that year.
(b-5) Limits on liability due to theft for a vehicle having an MSRP of more than $50,000. The total liability of a renter who rents from another a motor vehicle that has an MSRP of more than $50,000 and that is stolen shall be the actual and reasonable cost incurred by the loss due to theft of the rental motor vehicle up to $40,000; provided, however that if it is established that the renter or authorized driver failed to exercise ordinary care while in possession of the vehicle or that the renter or authorized driver committed or aided and abetted the commission of a theft, then the damages shall be the actual and reasonable costs of the rental vehicle up to its fair market value, as determined by the customary market for the sale of the vehicle. The maximum recovery for a motor vehicle with a Manufacturer's Suggested Retail Price (MSRP) of more than $50,000 under this subsection (b-5) shall not exceed $40,000 on the effective date of this amendatory Act of the 99th General Assembly. On October 1, 2016, and for the next 3 years thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $2,500 above the prior year's maximum recovery. On October 1, 2020, and for each year thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $1,000 above the prior year's maximum recovery. (b-10) Beginning on the effective date of this amendatory Act of the 103rd General Assembly and for 6 months after, a person who rents a motor vehicle to another shall provide notice to the renter of the motor vehicle of the changes reflected in this amendatory Act of the 103rd General Assembly. The notice shall be posted in a conspicuous and unobscured place that is separate and apart from any other information. (c) Multiple recoveries prohibited. Any person who rents a motor
vehicle to another may not hold the renter liable for any amounts that the
rental company recovers from any other party.
(d) Repair estimates. A person who rents a motor vehicle to another may
not collect or attempt to collect the amount described in subsection (b) or (b-5) unless
the rental company obtains an estimate from a repair company or an appraiser in
the business of providing such appraisals on the costs of repairing the motor
vehicle, makes a copy of the estimate available upon request to the renter who
may be liable under subsection (a), or the insurer of the renter, and submits a
copy of the estimate with any claim to collect the amount described in
subsection (b) or (b-5). In order to collect the amount described in subsection (b-5), a person renting a motor vehicle to another must also provide the renter's personal insurance company with reasonable notice and an opportunity to inspect damages.
(d-5) In the event of loss due to theft of the rental motor vehicle with a MSRP more than $50,000, the rental company shall provide reasonable notice of the theft to the renter's personal insurance company. (e) Duty to mitigate. A claim against a renter resulting from damage or
loss to a rental vehicle must be reasonably and rationally related to the
actual loss incurred. A rental company shall mitigate damages where possible
and shall not assert or collect any claim for physical damage which exceeds the
actual costs of the repair, including all discounts or price reductions.
(f) No rental company shall require a deposit or an advance charge
against
the credit card of a renter, in any form, for damages to a vehicle which is in
the renter's possession, custody, or control. No rental company shall require
any payment for damage to the rental vehicle, upon the renter's return of the
vehicle in a
damaged condition, until after the cost of the damage to the vehicle and
liability therefor is agreed to between the rental company and renter or is
determined pursuant to law.
(g) If insurance coverage exists under the renter's personal insurance
policy and the coverage is confirmed during regular business hours, the renter
may require that the rental
company must submit any claims to the renter's personal insurance carrier as
the renter's agent. The rental company shall not make any written or oral
representations that it will not present claims or negotiate with the renter's
insurance carrier. For purposes of this Section, confirmation of coverage
includes telephone confirmation from insurance company representatives during
regular business hours. After
confirmation of coverage, the amount of claim shall be resolved between the
insurance carrier and the rental company.
(Source: P.A. 103-520, eff. 1-1-24 .)
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625 ILCS 5/6-305.3 (625 ILCS 5/6-305.3) Sec. 6-305.3. Vehicle license cost recovery fee. (a) As used in this Section: "Motor vehicle rental company" means a person or entity whose primary business is renting motor vehicles to the public for 30 days or less. "Inspect" or "inspection" means a vehicle emissions inspection under Chapter 13C of this Code. "Rental agreement" means an agreement for 30 days or less setting forth the terms and conditions governing the use of a motor vehicle provided by a rental company. "Motor vehicle" means motor vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. "Vehicle license cost recovery fee" or "VLCRF" means a charge that may be separately stated and charged on a rental agreement in a vehicle rental transaction originating in Illinois to recover costs incurred either directly or indirectly by a motor vehicle rental company to license, title, register, and inspect motor vehicles. (b) Motor vehicle rental companies may include a separately stated mandatory surcharge or fee in a rental agreement for vehicle license cost recovery fees (VLCRF) and all applicable taxes. (c) If a motor vehicle rental company includes a VLCRF as separately stated charge in a rental agreement, the amount of the fee must represent the motor vehicle rental company's good-faith estimate of the automobile rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual motor vehicle titling, registration, and inspection costs. (d) If the total amount of the VLCRF collected by a motor vehicle rental company under this Section in any calendar year exceeds the motor vehicle rental company's actual costs to license, title, register, and inspect for that calendar year, the motor vehicle rental company shall do both of the following: (1) Retain the excess amount; and (2) Adjust the estimated average per vehicle titling, | | licensing, inspection, and registration charge for the following calendar year by a corresponding amount.
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| (e) Nothing in subsection (d) of this Section shall prevent a motor vehicle rental company from making adjustments to the VLCRF during the calendar year.
(Source: P.A. 96-37, eff. 7-13-09; 97-595, eff. 8-26-11.)
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625 ILCS 5/6-306.3
(625 ILCS 5/6-306.3) (from Ch. 95 1/2, par. 6-306.3)
Sec. 6-306.3. (Repealed).
(Source: P.A. 95-310, eff. 1-1-08. Repealed by P.A. 98-870, eff. 1-1-15 .)
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625 ILCS 5/6-306.4
(625 ILCS 5/6-306.4) (from Ch. 95 1/2, par. 6-306.4)
Sec. 6-306.4. (Repealed).
(Source: P.A. 95-310, eff. 1-1-08. Repealed by P.A. 100-674, eff. 1-1-19 .)
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625 ILCS 5/6-306.5
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. (Repealed).
(Source: P.A. 102-588, eff. 8-20-21. Repealed by P.A. 101-652, eff. 7-1-21.)
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625 ILCS 5/6-306.6
(625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
Sec. 6-306.6. (Repealed). (Source: P.A. 98-178, eff. 1-1-14. Repealed by P.A. 101-652, eff. 7-1-21 .)
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625 ILCS 5/6-306.7
(625 ILCS 5/6-306.7)
Sec. 6-306.7. (Repealed).
(Source: P.A. 94-218, eff. 7-1-06. Repealed by P.A. 101-623, eff. 7-1-20)
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625 ILCS 5/6-306.8 (625 ILCS 5/6-306.8) Sec. 6-306.8. Failure to satisfy fines or penalties for toll bridge violations; suspension of driving privileges. (a) Notwithstanding any law to the contrary, upon the Secretary's receipt of a report, as described in subsection (b), from a private tolling authority stating that the owner of a registered vehicle has failed to satisfy any fees, fines, charges, or penalties resulting from a final invoice or notice by the private tolling authority relating directly or indirectly to 5 or more toll violations, the Secretary shall suspend the driving privileges of the person in accordance with the procedures set forth in this Section. (b) The report from the private tolling authority notifying the Secretary of unsatisfied fees, fines, charges, or penalties may be generated by the private tolling authority and received by the Secretary by automated process. The report shall contain the following: (1) The name, last known address, and driver's | | license number of the person who failed to satisfy the fees, fines, charges, or penalties, and the registration number of any vehicle known to be registered in this State to that person.
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| (2) A statement that the private tolling authority
| | sent a notice of impending suspension of the person's driver's license to the person named in the report at the address recorded with the Secretary; the date on which the notice was sent; and the address to which the notice was sent.
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| (c) Following the Secretary's receipt of a report described in subsection (b), the Secretary shall notify the person whose name appears on the report that the person's driver's license will be suspended at the end of a specified period unless the Secretary is presented with a notice from the private tolling authority stating that the fees, fines, charges, or penalties owed to the private tolling authority have been satisfied or that inclusion of that person's name on the report described in subsection (b) was in error. The Secretary's notice shall state in substance the information contained in the private tolling authority's report to the Secretary described in subsection (b), and shall be effective as specified by subsection (c) of Section 6-211, except as to those drivers who also have been issued a CDL. If a person also has been issued a CDL, notice of suspension of that person's driver's license must be given in writing by certified mail and is effective on the date listed in the notice of suspension, except that the notice is not effective until 4 days after the date on which the notice was deposited into the United States mail. The notice becomes effective 4 days after its deposit into the United States mail regardless of whether the Secretary of State receives the return receipt and regardless of whether the written notification is returned for any reason to the Secretary of State as undeliverable.
(d) The private tolling authority, after making a report to the Secretary described in subsection (b), shall notify the Secretary, on a form prescribed by the Secretary or by automated process, whenever a person named in the report has satisfied the previously reported fees, fines, charges, or penalties or whenever the private tolling authority determines that the original report was in error. A copy of the notification shall also be given upon request and at no additional charge to the person named therein. Upon receipt of the private tolling authority's notification, the Secretary shall lift the suspension.
(e) The private tolling authority shall establish procedures for persons to challenge the accuracy of the report described in subsection (b). The procedures shall provide the grounds for a challenge, which may include:
(1) the person not having been the owner or lessee of
| | the vehicle or vehicles receiving 5 or more toll violations on the date or dates the violations occurred; or
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| (2) the person having already satisfied the fees,
| | fines, charges, or penalties for the 5 or more toll violations indicated on the report described in subsection (b).
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| (f) The Secretary and the Authority may promulgate rules necessary to implement this Section.
(g) The Secretary, the Authority, and the private tolling authority shall cooperate with one another in the administration and implementation of this Section.
(h) The Secretary shall provide the Authority and the private tolling authority with any information the Authority or the private tolling authority may deem necessary for purposes of this Section or for the private tolling authority's invoicing, collection, and administrative functions, including regular and timely access to driver's license, vehicle registration, and license plate information, and the Secretary's driver, title, and vehicle record databases. Section 2-123 does not apply to the provision of such information, but the Secretary shall be entitled to reimbursement for its costs in providing such information.
(i) The Authority shall provide the Secretary and the private tolling authority with any information the Secretary or the private tolling authority may deem necessary for purposes of this Section or for the private tolling authority's invoicing, collection, and administrative functions, including regular and timely access to toll violation records.
(j) As used in this Section:
"Authority" means the Illinois State Toll Highway Authority.
"Private tolling authority" means the owner, lessee, licensee, or operator of a toll bridge authorized under the Toll Bridge Act.
"Secretary" means the Illinois Secretary of State.
(Source: P.A. 101-398, eff. 8-16-19.)
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625 ILCS 5/6-307
(625 ILCS 5/6-307) (from Ch. 95 1/2, par. 6-307)
Sec. 6-307.
Injunctions.
If any person operates in violation of any provision
of this Chapter, or any rule, regulation, order or decision of the Secretary
of State, or of any term, condition or limitation of any license, the Secretary
of State, or any person injured thereby, or any interested person, may apply
to the Circuit Court of the county in which such violation
or some part thereof occurred, or in which the person complained of has
his place of business or resides, to prevent such violation. The Court
has jurisdiction to enforce obedience by injunction or other process restraining
such person from further violation and enjoining upon him obedience.
(Source: P.A. 81-306.)
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625 ILCS 5/6-308 (625 ILCS 5/6-308) Sec. 6-308. Procedures for traffic violations. (a) Any person cited for violating this Code or a similar provision of a local ordinance for which a violation is a petty offense as defined by Section 5-1-17 of the Unified Code of Corrections, excluding business offenses as defined by Section 5-1-2 of the Unified Code of Corrections or a violation of Section 15-111 or subsection (d) of Section 3-401 of this Code, shall not be required to sign the citation for his or her release. All other provisions of this Code or similar provisions of local ordinances shall be governed by the pretrial release provisions of the Illinois Supreme Court Rules when it is not practical or feasible to take the person before a judge to have conditions of pretrial release set or to avoid undue delay because of the hour or circumstances. (b) Whenever a person fails to appear in court, the court may continue the case for a minimum of 30 days and the clerk of the court shall send notice of the continued court date to the person's last known address. If the person does not appear in court on or before the continued court date or satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall enter an order of failure to appear. The clerk of the court shall notify the Secretary of State, on a report prescribed by the Secretary, of the court's order. The Secretary, when notified by the clerk of the court that an order of failure to appear has been entered, shall immediately suspend the person's driver's license, which shall be designated by the Secretary as a Failure to Appear suspension. The Secretary shall not remove the suspension, nor issue any permit or privileges to the person whose license has been suspended, until notified by the ordering court that the person has appeared and resolved the violation. Upon compliance, the clerk of the court shall present the person with a notice of compliance containing the seal of the court, and shall notify the Secretary that the person has appeared and resolved the violation. (c) Illinois Supreme Court Rules shall govern pretrial release and appearance procedures when a person who is a resident of another state that is not a member of the Nonresident Violator Compact of 1977 is cited for violating this Code or a similar provision of a local ordinance.
(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23 .) |
625 ILCS 5/Ch. 6 Art. IV
(625 ILCS 5/Ch. 6 Art. IV heading)
ARTICLE IV. COMMERCIAL DRIVER TRAINING SCHOOLS
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.) |
625 ILCS 5/6-401
(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
Sec. 6-401. Driver training schools-license required. (a) No person, firm,
association, partnership or corporation shall operate a
driver training school or engage in the business of giving instruction for
hire or for a fee in (1) the driving of motor vehicles; or (2) the preparation of
an applicant for examination given by the Secretary of State for a drivers
license or permit, unless a license therefor has been issued by the
Secretary.
No public schools or educational institutions shall contract with entities
engaged in the business of giving instruction for hire or for a fee in the
driving
of motor vehicles for the preparation of an applicant for examination given
by the Secretary of State for a driver's license or permit, unless a license
therefor has been issued by the Secretary.
This subsection (a) shall not apply to (i) public schools or to educational
institutions in which driving instruction is part of the curriculum, (ii)
employers giving instruction to their employees, (iii) schools that teach enhanced driving skills to licensed drivers as set forth in Article X of Chapter 6 of this Code, or (iv) driver rehabilitation specialists or programs in which the clients of the rehabilitation specialists or programs have previously held driver's licenses.
(b) Any person, firm, association, partnership, or corporation that violates subsection (a) of this Section shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. (Source: P.A. 102-749, eff. 1-1-23 .)
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625 ILCS 5/6-402
(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
Sec. 6-402. Qualifications of driver training schools. In order to
qualify for a license to operate a driver training school, each applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open to | | the public which meets the requirements of Section 6-403 through 6-407;
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(d) maintain bodily injury and property damage
| | liability insurance on motor vehicles while used in driving instruction, insuring the liability of the driving school, the driving instructors and any person taking instruction in at least the following amounts: $50,000 for bodily injury to or death of one person in any one crash and, subject to said limit for one person, $100,000 for bodily injury to or death of 2 or more persons in any one crash and the amount of $10,000 for damage to property of others in any one crash. Evidence of such insurance coverage in the form of a certificate from the insurance carrier shall be filed with the Secretary of State, and such certificate shall stipulate that the insurance shall not be cancelled except upon 10 days prior written notice to the Secretary of State. The decal showing evidence of insurance shall be affixed to the windshield of the vehicle;
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(e) provide a continuous surety company bond in the
| | principal sum of $10,000 for a non-accredited school, $40,000 for a CDL or teenage accredited school, $60,000 for a CDL accredited and teenage accredited school, $50,000 for a CDL or teenage accredited school with 3 or more licensed branches, $70,000 for a CDL accredited and teenage accredited school with 3 or more licensed branches for the protection of the contractual rights of students in such form as will meet with the approval of the Secretary of State and written by a company authorized to do business in this State. However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $10,000 for a non-accredited school, $40,000 for a CDL or teenage accredited school, $60,000 for a CDL accredited and teenage accredited school, $50,000 for a CDL or teenage accredited school with 3 or more licensed branches, $70,000 for a CDL accredited and teenage accredited school with 3 or more licensed branches. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the Secretary of State and shall be relieved of liability for any breach of any conditions of the bond which occurs after the effective date of cancellation;
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(f) have the equipment necessary to the giving of
| | proper instruction in the operation of motor vehicles;
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(g) have and use a business telephone listing for all
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(h) pay to the Secretary of State an application fee
| | of $500 and $50 for each branch application; and
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(i) authorize an investigation to include a
| | fingerprint based background check to determine if the applicant has ever been convicted of a crime and if so, the disposition of those convictions. The authorization shall indicate the scope of the inquiry and the agencies that may be contacted. Upon this authorization, the Secretary of State may request and receive information and assistance from any federal, State, or local governmental agency as part of the authorized investigation. Each applicant shall have his or her fingerprints submitted to the Illinois State Police in the form and manner prescribed by the Illinois State Police. The fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record information databases. The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The applicant shall be required to pay all related fingerprint fees including, but not limited to, the amounts established by the Illinois State Police and the Federal Bureau of Investigation to process fingerprint based criminal background investigations. The Illinois State Police shall provide information concerning any criminal convictions and disposition of criminal convictions brought against the applicant upon request of the Secretary of State provided that the request is made in the form and manner required by the Illinois State Police. Unless otherwise prohibited by law, the information derived from the investigation including the source of the information and any conclusions or recommendations derived from the information by the Secretary of State shall be provided to the applicant, or his designee, upon request to the Secretary of State, prior to any final action by the Secretary of State on the application. Any criminal convictions and disposition information obtained by the Secretary of State shall be confidential and may not be transmitted outside the Office of the Secretary of State, except as required herein, and may not be transmitted to anyone within the Office of the Secretary of State except as needed for the purpose of evaluating the applicant. At any administrative hearing held under Section 2-118 of this Code relating to the denial, cancellation, suspension, or revocation of a driver training school license, the Secretary of State is authorized to utilize at that hearing any criminal histories, criminal convictions, and disposition information obtained under this Section. The information obtained from the investigation may be maintained by the Secretary of State or any agency to which the information was transmitted. Only information and standards, which bear a reasonable and rational relation to the performance of a driver training school owner, shall be used by the Secretary of State. Any employee of the Secretary of State who gives or causes to be given away any confidential information concerning any criminal charges or disposition of criminal charges of an applicant shall be guilty of a Class A misdemeanor, unless release of the information is authorized by this Section.
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No license shall be issued under this Section to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or aunt,
nephew or niece, cousin, or in-law of the person whose license to do
business at that location has been revoked or denied or to a person who was
an officer or employee of a business firm that has had its license revoked
or denied, unless the Secretary of State is satisfied the application was
submitted in good faith and not for the purpose or effect of defeating the
intent of this Code.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-403
(625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
Sec. 6-403. Established Place of Business. The established place of business of each driver training school must be
owned or leased by the driver training school and regularly occupied and
primarily used by that driver training school for the business of selling
and giving driving instructions for hire or for a fee, and the business of
preparing members of the public for examination given by the Secretary of
State for a drivers license.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-404
(625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
Sec. 6-404. Location of Schools. The established place of business of each driver training school must be
located in a district which is zoned for business or commercial purposes.
The driver training school office must have a permanent sign clearly
readable from the street, from a distance of no less than 100 feet, with
the name of the driving school upon it.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-405
(625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
Sec. 6-405. Restrictions of Locations. The established place of business, or branch office, branch class room
or advertised address of any driver training school shall not consist of or
include a house trailer, residence, tent, temporary stand, temporary
address, office space, a room or rooms in a hotel, rooming house or
apartment house, or premises occupied by a single or multiple unit dwelling
house or telephone answering service.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-406
(625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
Sec. 6-406. Required Facilities.
(a) The established place of business of each driver training school
must consist of at least the following permanent facilities:
(1) An office facility;
(2) A class room facility.
(b) The main class room facility of each driver training school must be
reasonably accessible to the main office facility of the driver training
school.
(c) All class room facilities must have adequate lighting, heating,
ventilation, and must comply with all state, and local laws relating to
public health, safety and sanitation.
(d) The main office facility and branch office facility of each driver
training school must contain sufficient space, equipment, records and
personnel to carry on the business of the driver training school. The main
office facility must be specifically devoted to driver training school
business.
(e) A driver training school which as an established place of business
and a main office facility, may operate a branch office or a branch class
room provided that all the requirements for the main office or main class
room are met and that such branch office bears the same name and is
operated as a part of the same business entity as the main office facility.
(f) No driver training school may share any main or branch facility or
facilities with any other driver training school.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-407
(625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
Sec. 6-407. Locations and State Facilities. No office or place of business of a driver training school shall be
established within 1,500 feet of any building used as an office by any
department of the Secretary of State having to do with the administration
of any laws relating to motor vehicles, nor may any driving school solicit
or advertise for business within 1,500 feet of any building used as an
office by the Secretary of State having to do with the administration of
any laws relating to motor vehicles.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-408
(625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
Sec. 6-408. Records. All driver training schools licensed by the Secretary of State must
maintain a permanent record of instructions given to each student. The
record must contain the name of the school and the name of the student, the
number of all licenses or permits held by the student, the type and date of
instruction given, whether class room or behind the wheel, and the
signature of the instructor.
All permanent student instruction records must be kept on file in the
main office of each driver training school for a period of 3 calendar years
after the student has ceased taking instruction at or with the school.
The records should show the fees and charges of the school and also the
record should show the course content and instructions given to each
student.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-408.5
(625 ILCS 5/6-408.5)
Sec. 6-408.5. Courses for students or high school dropouts; limitation.
(a) No driver training school
or driving training instructor licensed under this Act may request a
certificate of completion from the Secretary of State as provided in Section
6-411 for any person who is enrolled as a
student in any public or non-public secondary school at the time such
instruction is to be provided, or who was so enrolled during the semester last
ended if that instruction is to be provided between semesters or during the
summer after the regular school term ends, unless that student has received a
passing grade in at least 8 courses during the 2 semesters last ending prior to
requesting a certificate of completion from the Secretary of State for the
student.
(b) No driver training school or driving training instructor licensed under
this Act may request a certificate of completion from the Secretary of State as
provided in Section 6-411 for any person who has dropped out of school and has
not yet attained the age of 18 years unless the driver training school or
driving training instructor has: 1) obtained written documentation verifying
the
dropout's enrollment in a high school equivalency testing or alternative education program or has obtained
a copy of the dropout's State of Illinois High School Diploma; 2) obtained verification that the
student prior to dropping out had received a passing grade in at least 8
courses during the 2 previous
semesters last ending prior to requesting a certificate of completion; or 3)
obtained written consent from the dropout's parents or guardians and the
regional superintendent.
(c) Students shall be informed of the
eligibility requirements of this Act
in writing at the time of registration.
(d) The superintendent of schools of the
school district in which the student resides and attends school or in which
the student resides at the time he or she drops out of school (with respect
to a public high school student or a dropout from the public high school)
or the chief school administrator (with
respect to a student who attends a non-public high school or a dropout from a
non-public high school) may waive the requirements of this Section if the superintendent
or chief school administrator, as the case
may be, deems it to be in the best interests of the student or dropout.
Before requesting a certificate of completion from the Secretary of State
for any person who is enrolled
as
a student in any public or non-public secondary school or who was so enrolled
in the semester last ending prior to the request for a certificate of
completion from the Secretary of State or who is of high school age, the driver
training school shall
determine from the school district in which that person resides or resided at
the time of dropping out of school, or from the
chief administrator of the non-public high school attended or last
attended by such person, as
the case may be, that such person is not ineligible to receive a certificate
of completion under this Section.
(Source: P.A. 102-1100, eff. 1-1-23 .)
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625 ILCS 5/6-409
(625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
Sec. 6-409. Display of License. Each driver training school must display at a prominent place in its
main office all of the following:
(a) The State license issued to the school;
(b) The names and addresses and State instructors licenses of all
instructors employed by the school;
(c) The address of all branch offices and branch class rooms.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-410
(625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
Sec. 6-410. Vehicle inspections. The Department of Transportation shall
provide for the inspection of all motor vehicles used for driver training,
and shall issue a safety inspection sticker provided:
(a) The motor vehicle has been inspected by the Department and found to
be in safe mechanical condition;
(b) The motor vehicle is equipped with dual control brakes and a
mirror on each side of the motor vehicle so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the
rear of such motor vehicle; and
(c) The motor vehicle is equipped with a sign or signs visible from the
front and the rear in letters no less than 2 inches tall, listing the full
name of the driver training school which has registered and insured the
motor vehicle.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-411
(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
Sec. 6-411. Qualifications of Driver Training Instructors. In order to
qualify for a license as an instructor for a driving school, an applicant must:
(a) Be of good moral character;
(b) Authorize an investigation to include a | | fingerprint based background check to determine if the applicant has ever been convicted of a crime and if so, the disposition of those convictions; this authorization shall indicate the scope of the inquiry and the agencies which may be contacted. Upon this authorization the Secretary of State may request and receive information and assistance from any federal, state or local governmental agency as part of the authorized investigation. Each applicant shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The applicant shall be required to pay all related fingerprint fees including, but not limited to, the amounts established by the Illinois State Police and the Federal Bureau of Investigation to process fingerprint based criminal background investigations. The Illinois State Police shall provide information concerning any criminal convictions, and their disposition, brought against the applicant upon request of the Secretary of State when the request is made in the form and manner required by the Illinois State Police. Unless otherwise prohibited by law, the information derived from this investigation including the source of this information, and any conclusions or recommendations derived from this information by the Secretary of State shall be provided to the applicant, or his designee, upon request to the Secretary of State, prior to any final action by the Secretary of State on the application. At any administrative hearing held under Section 2-118 of this Code relating to the denial, cancellation, suspension, or revocation of a driver training school license, the Secretary of State is authorized to utilize at that hearing any criminal histories, criminal convictions, and disposition information obtained under this Section. Any criminal convictions and their disposition information obtained by the Secretary of State shall be confidential and may not be transmitted outside the Office of the Secretary of State, except as required herein, and may not be transmitted to anyone within the Office of the Secretary of State except as needed for the purpose of evaluating the applicant. The information obtained from this investigation may be maintained by the Secretary of State or any agency to which such information was transmitted. Only information and standards which bear a reasonable and rational relation to the performance of a driver training instructor shall be used by the Secretary of State. Any employee of the Secretary of State who gives or causes to be given away any confidential information concerning any criminal charges and their disposition of an applicant shall be guilty of a Class A misdemeanor unless release of such information is authorized by this Section;
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(c) Pass such examination as the Secretary of State
| | shall require on (1) traffic laws, (2) safe driving practices, (3) operation of motor vehicles, and (4) qualifications of teacher;
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(d) Be physically able to operate safely a motor
| | vehicle and to train others in the operation of motor vehicles. An instructors license application must be accompanied by a medical examination report completed by a competent physician licensed to practice in the State of Illinois;
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(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school
| | after at least 4 years of high school education or the equivalent; and
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(g) Pay to the Secretary of State an application and
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If a driver training school class room instructor teaches an approved driver
education course, as defined in Section 1-103 of this Code, to students
under 18 years of age, he or she shall furnish to
the Secretary of State a certificate issued by the State Board of Education
that the said instructor is qualified and meets the minimum educational
standards for teaching driver education courses in the local public or
parochial school systems, except that no State Board of Education certification
shall be required of any instructor who teaches exclusively in a
commercial driving school. On and after July 1, 1986, the existing
rules and regulations of the State
Board of Education concerning commercial driving schools shall continue to
remain in effect but shall be administered by the Secretary of State until
such time as the Secretary of State shall amend or repeal the rules in
accordance with the Illinois Administrative Procedure Act. Upon request,
the Secretary of State shall issue a certificate of completion to a student
under 18 years of age who has completed an approved driver education course
at a commercial driving school.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/6-412
(625 ILCS 5/6-412) (from Ch. 95 1/2, par. 6-412)
Sec. 6-412. Issuance of Licenses to Driver Training Schools and Driver Training
Instructors. The Secretary of State shall issue a license certificate to each
applicant to conduct a driver training school or to each driver training
instructor when the Secretary of State is satisfied that such person has
met the qualifications required under this Act.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-413
(625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
Sec. 6-413. Expiration of Licenses. All outstanding licenses issued to any driver training school or driver
training instructor under this Act shall expire by operation of law 24
months from the date of issuance, unless sooner cancelled, suspended or
revoked under the provisions of Section 6-420.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-414
(625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
Sec. 6-414. Renewal of Licenses. The license of each driver training school may be renewed subject to the
same conditions as the original license, and upon the payment of a
renewal license fee of $500 and $50 for each renewal of a branch
application.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-415
(625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
Sec. 6-415. Renewal Fee. The license of each driver training instructor may be renewed subject to
the same conditions of the original license, and upon the payment of annual
renewal license fee of $70.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-416
(625 ILCS 5/6-416) (from Ch. 95 1/2, par. 6-416)
Sec. 6-416. Licenses: Form and Filing. All applications for renewal of a driver training school license or
driver training instructor's license shall be on a form prescribed by the
Secretary, and must be filed with the Secretary not
less than 15 days preceding the expiration date of the license to be renewed.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-417
(625 ILCS 5/6-417) (from Ch. 95 1/2, par. 6-417)
Sec. 6-417. Instructor's license. Each driver training instructor's license shall authorize the licensee
to instruct only at or for the driver training school indicated on the
license. The Secretary shall not issue a driver training instructor's
license to any individual who is licensed to instruct at or for another
driver training school.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-418
(625 ILCS 5/6-418) (from Ch. 95 1/2, par. 6-418)
Sec. 6-418.
Instructor's Records.
Every licensee shall keep a record showing the name and address of each
person given instruction and the instruction permit or driver's license
number of every person given instruction in the driving of a motor vehicle,
and shall show the particular type of instruction given and how much time
was devoted to each such type of instruction. Such records shall be open to
the inspection of the Secretary or his representatives at all reasonable
times, but shall be for the confidential use of the Secretary.
(Source: P.A. 76-1586.)
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625 ILCS 5/6-419
(625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
Sec. 6-419. Rules and regulations. The Secretary is authorized to prescribe by rule standards for the
eligibility, conduct and operation of driver training schools, and
instructors and to adopt other reasonable rules and regulations necessary
to carry out the provisions of this Act. The Secretary may adopt rules exempting particular types of driver training schools from specific statutory provisions in Sections 6-401 through 6-424, where application of those provisions would be inconsistent with the manner of instruction offered by those schools. The Secretary, in consultation with the State Board of Education, shall adopt course content standards for driver education for those persons under the age of 18 years, which shall include the operation and equipment of motor vehicles. After June 30, 2017, the course content standards for driver education provided by a driver training school to those persons under the age of 18 years shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
(Source: P.A. 99-720, eff. 1-1-17 .)
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625 ILCS 5/6-420
(625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
Sec. 6-420. Denial, cancellation, suspension, revocation and failure to
renew license. The Secretary may deny, cancel, suspend or revoke, or refuse
to renew any driver training school license or any driver training instructor
license:
(1) When the Secretary is satisfied that the licensee | | fails to meet the requirements to receive or hold a license under this Code;
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(2) Whenever the licensee fails to keep the records
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(3) Whenever the licensee permits fraud or engages in
| | fraudulent practices either with reference to a student or the Secretary, or induces or countenances fraud or fraudulent practices on the part of any applicant for a driver's license or permit;
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(4) Whenever the licensee fails to comply with any
| | provision of this Code or any rule of the Secretary made pursuant thereto;
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(5) Whenever the licensee represents himself as an
| | agent or employee of the Secretary or uses advertising designed to lead or which would reasonably have the effect of leading persons to believe that such licensee is in fact an employee or representative of the Secretary;
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(6) Whenever the licensee or any employee or agent of
| | the licensee solicits driver training or instruction in an office of any department of the Secretary of State having to do with the administration of any law relating to motor vehicles, or within 1,500 feet of any such office;
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(7) Whenever the licensee is convicted of driving
| | while under the influence of alcohol, other drugs, or a combination thereof; leaving the scene of a crash; reckless homicide or reckless driving; or
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(8) Whenever a driver training school advertises that
| | a driver's license is guaranteed upon completion of the course of instruction.
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(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-421
(625 ILCS 5/6-421) (from Ch. 95 1/2, par. 6-421)
Sec. 6-421.
Judicial Review.
The action of the Secretary in cancelling, suspending, revoking or
denying any license under this Act shall be subject to judicial review in
the Circuit Court of Sangamon County or the Circuit Court of Cook County,
and the provisions of the Administrative Review Law,
and all amendments and modifications thereto, and the rules adopted
pursuant thereto, are hereby adopted and shall apply to and govern every
action for judicial review of the final acts or decisions of the Secretary
under this Act.
(Source: P.A. 82-783.)
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625 ILCS 5/6-422
(625 ILCS 5/6-422) (from Ch. 95 1/2, par. 6-422)
Sec. 6-422. Prior law and licenses thereunder. This Act shall not affect the validity of any outstanding license issued
to any driver training school or driver training instructor by the
Secretary of State under any prior law, nor shall this Act affect the
validity or legality of any contract, agreement or undertaking entered into
by any driver training school or driver training instructor, or any person,
firm, corporation, partnership or association based on those provisions of
any prior law.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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625 ILCS 5/6-423
(625 ILCS 5/6-423) (from Ch. 95 1/2, par. 6-423)
Sec. 6-423. Deposit of fees.
Fees collected under this Article shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16 .)
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625 ILCS 5/6-424
(625 ILCS 5/6-424) (from Ch. 95 1/2, par. 6-424)
Sec. 6-424.
Injunctions.
If any person operates in violation of any
provision of this Article, or any rule, regulation, order, or decision of
the Secretary of State established under this Article, or in violation of
any term, condition or limitation of any license issued under this Article,
the Secretary of State, or any other person injured as a result, or any
interested person, may apply to the circuit court of the county where the
violation or some part occurred, or where the person complained of has an
established or additional place of business or resides, to prevent the
violation. The court may enforce compliance by injunction or other process
restraining the person from further violation and compliance.
(Source: P.A. 87-829; 87-832.)
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625 ILCS 5/Ch. 6 Art. V
(625 ILCS 5/Ch. 6 Art. V heading)
ARTICLE V.
COMMERCIAL MOTOR VEHICLE OPERATORS
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625 ILCS 5/6-500
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases. Notwithstanding the
definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License Act
(UCDLA), the words and phrases listed below have the meanings
ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any form of
alcohol, including but not limited to ethanol,
methanol,
propanol, and
isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of | |
(B) the number of grams of alcohol per 100
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(C) the number of grams of alcohol per 67 milliliters
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Alcohol tests administered within 2 hours of the driver being
"stopped or detained" shall be considered that driver's "alcohol
concentration" for the purposes of enforcing this UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the electronic record of the individual CDL driver's status and history stored by the State-of-Record as part of the Commercial Driver's License Information System, or CDLIS, established under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle record" or "CDLIS MVR" means a report generated from the CDLIS driver record meeting the requirements for access to CDLIS information and provided by states to users authorized in 49 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
| | self-certification to interstate, but operating exclusively in transportation or operation excepted from 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), 391.2, 391.68, or 398.3;
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| (B) a state allows the driver to change his or her
| | self-certification to intrastate only, if the driver qualifies under that state's physical qualification requirements for intrastate only;
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| (C) a state allows the driver to change his or her
| | certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the state driver qualification requirements; or
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| (D) a state removes the CDL privilege from the driver
| | (6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor
| | vehicle or combination of motor vehicles used in commerce, except those referred to in subdivision (B), designed to transport passengers or property if the motor vehicle:
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(i) has a gross combination weight rating or
| | gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
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(i-5) has a gross vehicle weight rating or gross
| | vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
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| (ii) is designed to transport 16 or more persons,
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(iii) is of any size and is used in transporting
| | hazardous materials as defined in 49 C.F.R. 383.5.
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(B) Pursuant to the interpretation of the Commercial
| | Motor Vehicle Safety Act of 1986 by the Federal Highway Administration, the definition of "commercial motor vehicle" does not include:
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(i) recreational vehicles, when operated
| | primarily for personal use;
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(ii) vehicles owned by or operated under the
| | direction of the United States Department of Defense or the United States Coast Guard only when operated by non-civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part-time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or
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(iii) firefighting, police, and other emergency
| | equipment (including, without limitation, equipment owned or operated by a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.
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(7) Controlled Substance. "Controlled substance" shall have the same
meaning as defined in Section 102 of the Illinois Controlled Substances Act,
and shall also include cannabis as defined in Section 3 of the Cannabis Control
Act and methamphetamine as defined in Section 10 of the Methamphetamine Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated adjudication of guilt
or a determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized administrative
tribunal; an unvacated revocation of pretrial release; a plea of guilty or nolo contendere accepted by the court; or the payment of a fine or court cost
regardless of whether the imposition of sentence is deferred and ultimately
a judgment dismissing the underlying charge is entered.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives, operates, or is in
physical control of a commercial motor vehicle, any person who is required to hold a
CDL, or any person who is a holder of a CDL while operating a non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an individual who applies to a state or other jurisdiction to obtain, transfer, upgrade, or renew a CDL or to obtain or renew a CLP.
(13.6) Drug and alcohol clearinghouse. "Drug and alcohol clearinghouse" means a database system established by the Federal Motor Carrier Safety Administration that permits the access and retrieval of a drug and alcohol testing violation or violations precluding an applicant or employee from occupying safety-sensitive positions involving the operation of a commercial motor vehicle.
(13.8) Electronic device. "Electronic device" includes, but is not limited to, a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed as a
commercial
motor vehicle driver. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA
pertaining to employees. An
owner-operator on a long-term lease shall be considered an employee.
(15) Employer. "Employer" means a person (including the United
States, a State or a local authority) who owns or leases a commercial motor
vehicle or assigns employees to operate such a vehicle. A person who is
self-employed as a commercial motor vehicle driver must
comply with the requirements of this UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization to an individual's CLP or CDL required to permit the individual to operate certain types of commercial motor vehicles.
(15.2) Entry-level driver training. "Entry-level driver training" means the training an entry-level driver receives from an entity listed on the Federal Motor Carrier Safety Administration's Training Provider Registry prior to: (i) taking the CDL skills test required to receive the Class A or Class B CDL for the first time; (ii) taking the CDL skills test required to upgrade to a Class A or Class B CDL; or (iii) taking the CDL skills test required to obtain a passenger or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time.
(15.3) Excepted interstate. "Excepted interstate" means a person who operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or 398.3 from all or part of the qualification requirements of 49 C.F.R. Part 391 and is not required to obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a person who operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as a result of a motor vehicle crash.
(16.7) Foreign commercial driver. "Foreign commercial driver" means a person licensed to operate a commercial motor vehicle by an authority outside the United States, or a citizen of a foreign country who operates a commercial motor vehicle in the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a sovereign
jurisdiction that does not fall within the definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous material" means any material that has been designated under 49 U.S.C.
5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the existence of any condition of a vehicle, employee, or commercial motor vehicle operations that substantially increases the likelihood of serious injury or death if not discontinued immediately; or a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance, transfer, renewal, or upgrade of a CLP or CDL and non-domiciled CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer, renewal, or upgrade of a CLP or CDL and non-domiciled CLP or non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a commercial
motor vehicle by the owner-lessor to a lessee, for a period of more than 29
days.
(21.01) Manual transmission. "Manual transmission" means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated either by hand or foot including those known as a stick shift, stick, straight drive, or standard transmission. All other transmissions, whether semi-automatic or automatic, shall be considered automatic for the purposes of the standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means 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, 49 CFR 390.101 et seq.
(21.2) Medical examiner's certificate. "Medical examiner's certificate" means either (1) prior to June 22, 2021, a document prescribed or approved by the Secretary of State that is issued by a medical examiner to a driver to medically qualify him or her to drive; or (2) beginning June 22, 2021, an electronic submission of results of an examination conducted by a medical examiner listed on the National Registry of Certified Medical Examiners to the Federal Motor Carrier Safety Administration of a driver to medically qualify him or her to drive.
(21.5) Medical variance. "Medical variance" means a driver has received one of the following from the Federal Motor Carrier Safety Administration which allows the driver to be issued a medical certificate: (1) an exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a skill performance evaluation (SPE) certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. 391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled by electric
power obtained from over head trolley wires but not operated upon rails,
except vehicles moved solely by human power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means a report of the driving status and history of a driver generated from the driver record provided to users, such as drivers or employers, and is subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate" means a person who operates or expects to operate in interstate commerce, is subject to and meets the qualification requirements under 49 C.F.R. Part 391, and is required to obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate" means a person who operates only in intrastate commerce and is subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL. "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, respectively, issued by a state or other jurisdiction under either of the following two conditions:
(i) to an individual domiciled in a foreign country
| | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. of the Federal Motor Carrier Safety Administration.
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| (ii) to an individual domiciled in another state
| | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. of the Federal Motor Carrier Safety Administration.
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(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation. "Railroad-highway
grade
crossing violation" means a
violation, while operating a commercial motor vehicle, of
any
of the following:
(A) Section 11-1201, 11-1202, or 11-1425 of this
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(B) Any other similar law or local ordinance of any
| | state relating to railroad-highway grade crossing.
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(25.7) School Bus. "School bus" means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. "School bus" does not include a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic violation"
means:
(A) a conviction when operating a commercial motor
| | vehicle, or when operating a non-CMV while holding a CLP or CDL, of:
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(i) a violation relating to excessive speeding,
| | involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or
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(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
| | ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic crash; or
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(iv) a violation of Section 6-501, relating to
| | having multiple driver's licenses; or
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(v) a violation of paragraph (a) of Section
| | 6-507, relating to the requirement to have a valid CLP or CDL; or
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(vi) a violation relating to improper or erratic
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(vii) a violation relating to following another
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(viii) a violation relating to texting while
| | (ix) a violation relating to the use of a
| | hand-held mobile telephone while driving; or
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| (B) any other similar violation of a law or local
| | ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.
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(27) State. "State" means a state of the United States, the District of
Columbia and any province or territory of Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device.
(1) Texting includes, but is not limited to, short
| | message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication.
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| (2) Texting does not include:
(i) inputting, selecting, or reading information
| | on a global positioning system or navigation system; or
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| (ii) pressing a single button to initiate or
| | terminate a voice communication using a mobile telephone; or
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| (iii) using a device capable of performing
| | multiple functions (for example, a fleet management system, dispatching device, smart phone, citizens band radio, or music player) for a purpose that is not otherwise prohibited by Part 392 of the Federal Motor Carrier Safety Regulations.
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| (32.3) Third party skills test examiner. "Third party skills test examiner" means a person employed by a third party tester who is authorized by the State to administer the CDL skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a person (including, but not limited to, another state, a motor carrier, a private driver training facility or other private institution, or a department, agency, or instrumentality of a local government) authorized by the State to employ skills test examiners to administer the CDL skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held mobile telephone" means:
(1) using at least one hand to hold a mobile
| | telephone to conduct a voice communication;
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| (2) dialing or answering a mobile telephone by
| | pressing more than a single button; or
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| (3) reaching for a mobile telephone in a manner that
| | requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.
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| (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23; 103-179, eff. 6-30-23.)
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625 ILCS 5/6-500.1
(625 ILCS 5/6-500.1) (from Ch. 95 1/2, par. 6-500.1)
Sec. 6-500.1.
Short title.
This Article may be cited as the Uniform
Commercial Driver's License Act or "UCDLA".
(Source: P.A. 86-845.)
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