State of Illinois
91st General Assembly
Legislation

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91_SB1394

 
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 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 6-109.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 6-109 as follows:

 7        (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
 8        Sec. 6-109.  Examination of Applicants.
 9        (a)  The Secretary of State shall examine every applicant
10    for  a driver's license or permit who has not been previously
11    licensed as a driver under the laws  of  this  State  or  any
12    other  state or country, or any applicant for renewal of such
13    driver's license or permit when such license  or  permit  has
14    been  expired for more than one year.  The Secretary of State
15    shall, subject to the provisions of  paragraph  (c),  examine
16    every licensed driver at least every 8 years, and may examine
17    or   re-examine  any  other  applicant  or  licensed  driver,
18    provided that  during  the  years  1984  through  1991  those
19    drivers  issued  a license for 3 years may be re-examined not
20    less than every 7 years or more than every 10 years.
21        The Secretary of State shall require the testing  of  the
22    eyesight  of any driver's license or permit applicant who has
23    not been previously licensed as a driver under  the  laws  of
24    this  State  and  shall  promulgate  rules and regulations to
25    provide for the orderly administration of all the  provisions
26    of this Section.
27        (b)  Except as provided for those applicants in paragraph
28    (c), such examination shall include a test of the applicant's
29    eyesight, his ability to read and understand official traffic
30    control  devices, his knowledge of safe driving practices and
31    the traffic laws of this State, and  may  include  an  actual
 
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 1    demonstration of the applicant's ability to exercise ordinary
 2    and  reasonable  control of the operation of a motor vehicle,
 3    and such further  physical  and  mental  examination  as  the
 4    Secretary   of   State   finds  necessary  to  determine  the
 5    applicant's fitness to operate a motor vehicle safely on  the
 6    highways,  except the examination of an applicant 75 years of
 7    age or older shall include an  actual  demonstration  of  the
 8    applicant's  ability  to  exercise  ordinary  and  reasonable
 9    control of the operation of a motor vehicle.  All portions of
10    written and verbal examinations under this Section, excepting
11    where  the  English  language  appears  on facsimiles of road
12    signs, may be given in  the  Spanish  language  and,  at  the
13    discretion  of  the Secretary of State, in any other language
14    as well as in English upon request  of  the  examinee.   Deaf
15    persons  who  are otherwise qualified are not prohibited from
16    being issued a license,  other  than  a  commercial  driver's
17    license, under this Code.
18        (c)  Re-examination  for those applicants who at the time
19    of renewing their driver's license possess a  driving  record
20    devoid  of  any convictions of traffic violations or evidence
21    of committing an offense for which mandatory revocation would
22    be required upon conviction pursuant to Section 6-205 at  the
23    time  of  renewal  shall  be  in  a  manner prescribed by the
24    Secretary in order to determine  an  applicant's  ability  to
25    safely  operate  a motor vehicle, except that every applicant
26    for the renewal of a driver's license who is 75 years of  age
27    or   older  must  prove,  by  an  actual  demonstration,  the
28    applicant's ability to exercise reasonable care in  the  safe
29    operation of a motor vehicle.
30        (d)  In  the  event the applicant is not ineligible under
31    the  provisions  of  Section  6-103  to  receive  a  driver's
32    license, the Secretary of  State  shall  make  provision  for
33    giving  an  examination,  either  in  the  county  where  the
34    applicant  resides  or at a place adjacent thereto reasonably
 
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 1    convenient to the applicant, within not  more  than  30  days
 2    from the date said application is received.
 3        (e)  An  applicant  for  an  Illinois commercial driver's
 4    license (CDL) who fails either the written test or  the  road
 5    test  after a third attempt in any 12 month period may not be
 6    re-examined for a period of one month.
 7        (f)  An applicant for  an  Illinois  commercial  driver's
 8    license  (CDL)  who  submits  a new application after the one
 9    month waiting period  specified  in  paragraph  (e)  of  this
10    Section  and  fails  either the written test or the road test
11    after a third attempt may not be re-examined for a period  of
12    3 months.
13        (g)  An  applicant  for  an  Illinois commercial driver's
14    license (CDL) who submits a new application after the 3 month
15    waiting period specified in paragraph (f) of this Section and
16    fails either the written test or the road test after a  third
17    attempt may not be re-examined for a period of one year.
18    (Source: P.A. 91-350, eff. 7-29-99.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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