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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 5/6-520
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service order; hearing.
(a) A disqualification of commercial driving privileges by the Secretary of
State, pursuant to this UCDLA, shall not become effective until the person
is notified in writing, by the Secretary, of the impending disqualification
and advised that a CDL hearing may be requested of the Secretary if the stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification not based upon
a conviction; an out-of-service order; or notification that a CDL
disqualification is forthcoming, the person may make a written petition in
a form, approved by the Secretary of State, for a CDL hearing with the Secretary if the stop or arrest occurred in a commercial motor vehicle. Such
petition must state the grounds upon which the person seeks to have the CDL
disqualification rescinded or the out-of-service order removed from the
person's driving record. Within 10 days after the receipt of such
petition, it shall be reviewed by the Director of the Department of
Administrative Hearings, Office of the Secretary of State, or by an
appointed designee. If it is determined that the petition on its face does
not state grounds upon which the relief may be based, the petition for a
CDL hearing shall be denied and the disqualification shall become effective
as if no petition had been filed and the out-of-service order shall be
sustained. If such petition is so denied, the person may submit another
petition.
(c) The scope of a CDL hearing, for any disqualification imposed
pursuant to paragraphs (1) and (2) of subsection (a) of Section 6-514, resulting from the operation of a commercial motor vehicle, shall
be limited to the following issues:
1. Whether the person was operating a commercial | |
2. Whether, after making the initial stop, the police
| | officer had probable cause to issue a Sworn Report;
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3. Whether the person was verbally warned of the
| | ensuing consequences prior to submitting to any type of chemical test or tests to determine such person's blood concentration of alcohol, other drug, or both;
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4. Whether the person did refuse to submit to or
| | failed to complete the chemical testing or did submit to such test or tests and such test or tests disclosed an alcohol concentration of at least 0.04 or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in the person's system;
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5. Whether the person was warned that if the test or
| | tests disclosed 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 listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such results could be admissible in a subsequent prosecution under Section 11-501 of this Code or similar provision of local ordinances; and
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6. Whether such results could not be used to impose
| | any driver's license sanctions pursuant to Section 11-501.1.
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Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or rescinded.
(d) The scope of a CDL hearing for any out-of-service sanction, imposed
pursuant to Section 6-515, shall be limited to the following issues:
1. Whether the person was driving a commercial motor
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2. Whether, while driving such commercial motor
| | vehicle, the person had alcohol or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in such person's system;
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3. Whether the person was verbally warned of the
| | ensuing consequences prior to being asked to submit to any type of chemical test or tests to determine such person's alcohol, other drug, or both, concentration; and
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4. Whether, after being so warned, the person did
| | refuse to submit to or failed to complete such chemical test or tests or did submit to such test or tests and such test or tests disclosed an alcohol concentration greater than 0.00 or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
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Upon the conclusion of the above CDL hearing, the out-of-service sanction
shall
either be sustained or removed from the person's driving record.
(e) If any person petitions for a hearing relating to any CDL
disqualification based upon a conviction, as defined in this UCDLA, said
hearing shall not be conducted as a CDL hearing, but shall be conducted as
any other driver's license hearing, whether formal or informal, as
promulgated in the rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for the
purposes of this UCDLA, shall be sufficient probable cause for requesting the
driver to submit to a chemical test or tests to determine the presence of
alcohol, other drug, or both in the person's system and the subsequent issuance
of an out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall
mean a hearing before the Office of the Secretary of State in accordance
with Section 2-118 of this Code, for the
purpose of resolving differences or disputes specifically related to the
scope of the issues identified in this Section relating to the operation of a commercial motor vehicle. These proceedings will be
a matter of record and a final appealable order issued. The petition for a
CDL hearing shall not stay or delay the effective date of the impending
disqualification.
(h) The CDL hearing may be conducted upon a review of the police
officer's own official reports; provided however, that the petitioner may
subpoena the officer. Failure of the officer to answer the subpoena shall be
grounds for a continuance.
(i) Any CDL disqualification based upon a statutory summary suspension or revocation resulting from an arrest of a CDL holder while operating a non-commercial motor vehicle, may only be contested by filing a petition to contest the statutory summary suspension or revocation in the appropriate circuit court as provided for in Section 2-118.1 of this Code.
(Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11 .)
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625 ILCS 5/6-521
(625 ILCS 5/6-521)
(from Ch. 95 1/2, par. 6-521)
Sec. 6-521. Rulemaking Authority.
(a) The Secretary of State, using the
authority to license motor vehicle operators under this Code, may adopt
such rules and regulations as may be necessary to establish standards,
policies and procedures for the licensing and sanctioning of commercial
motor vehicle
drivers in order to meet the requirements of the Commercial Motor Vehicle
Act of 1986 (CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 or Part 1572; and administrative and policy decisions of the U.S.
Secretary of
Transportation and the Federal Motor Carrier Safety Administration. The Secretary may,
as provided in the CMVSA, establish stricter requirements for the licensing
of commercial motor vehicle drivers than those established by the federal
government.
(b) By January 1, 1994, the Secretary of State shall establish rules and
regulations for the issuance of a
restricted commercial driver's license
for farm-related service industries
consistent with federal guidelines. The restricted license
shall be available for a seasonal period or periods not to exceed a total of
180 days in any 12 month period.
(c) (Blank).
(d) By July 1, 1995, the Secretary of State shall
establish rules and regulations for the issuance and cancellation
of a School Bus Driver's Permit. The permit shall be required for
the operation of a school bus as provided in subsection (c), a non-restricted
CDL
with passenger endorsement, or a properly classified driver's
license. The permit will establish that the school bus driver has
met all the requirements of the application and screening process
established by Section 6-106.1 of this Code.
(Source: P.A. 98-726, eff. 1-1-15 .)
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625 ILCS 5/6-522
(625 ILCS 5/6-522) (from Ch. 95 1/2, par. 6-522)
Sec. 6-522.
Authority to Enter Agreements.
The Secretary of State may
enter into or make agreements, arrangements, or declarations to carry out
the provisions of this UCDLA.
(Source: P.A. 86-845.)
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625 ILCS 5/6-523
(625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
Sec. 6-523. Reciprocity. (a) Notwithstanding any law to the contrary, a
person may drive a commercial motor vehicle in this State if the person has
a valid CDL, non-domiciled CDL, CLP, or non-domiciled CLP issued by
another State or foreign jurisdiction as long as that person has not been
an established domiciliary of this State for 30 days or more.
(b) The Secretary of State shall give out of state convictions full
faith and credit and treat them for sanctioning purposes, under this UCDLA,
just as if they occurred in this State.
(c) A CLP or CDL issued by this State or any other state before the date on and after which the state is prohibited from issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid until its stated expiration date.
(Source: P.A. 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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