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Public Act 097-0829


 

Public Act 0829 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0829
 
HB5101 EnrolledLRB097 17141 HEP 62339 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-500 and by adding Sections 6-526 and 6-527 as
follows:
 
    (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
    breath; or
        (B) the number of grams of alcohol per 100 milliliters
    of blood; or
        (C) the number of grams of alcohol per 67 milliliters
    of urine.
    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. 27212725.
    (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;
        (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;
        (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
        (D) a state removes the CDL privilege from the driver
    license.
    (6) Commercial Motor Vehicle.
        (A) "Commercial motor vehicle" or "CMV" means a motor
    vehicle used in commerce, except those referred to in
    subdivision (B), designed to transport passengers or
    property if:
            (i) the vehicle has a GVWR of 26,001 pounds or more
        or such a lesser GVWR as subsequently determined by
        federal regulations or the Secretary of State; or any
        combination of vehicles with a GCWR of 26,001 pounds or
        more, provided the GVWR of any vehicle or vehicles
        being towed is 10,001 pounds or more; or
            (ii) the vehicle is designed to transport 16 or
        more persons; or
            (iii) the vehicle is transporting hazardous
        materials and is required to be placarded in accordance
        with 49 C.F.R. Part 172, subpart F.
        (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:
            (i) recreational vehicles, when operated primarily
        for personal use;
            (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
            (iii) firefighting 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.
    (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 forfeiture of bail or collateral
deposited to secure the person's appearance in court; a plea of
guilty or nolo contendere accepted by the court; 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; or a violation of a condition of
release without bail, regardless of whether or not the penalty
is rebated, suspended or probated.
    (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 to obtain, transfer, upgrade,
or renew a CDL.
    (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.
    (15.3) 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 accident.
    (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 a condition 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.
    (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.
    (21.1) Medical examiner. "Medical examiner" means a person
who is licensed, certified, or registered in accordance with
applicable state laws and regulations to perform physical
examinations. The term includes but is not limited to doctors
of medicine, doctors of osteopathy, physician assistants,
advanced practice nurses, and doctors of chiropractic.
    (21.2) Medical examiner's certificate. "Medical examiner's
certificate" means 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.
    (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-resident CDL. "Non-resident CDL" means a
commercial driver's license issued by a state 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.
        (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.
    (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
        Code.
            (B) Any other similar law or local ordinance of any
        state relating to railroad-highway grade crossing.
    (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 CDL,
    of:
            (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
            (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 accident; or
            (iv) a violation of Section 6-501, relating to
        having multiple driver's licenses; or
            (v) a violation of paragraph (a) of Section 6-507,
        relating to the requirement to have a valid CDL; or
            (vi) a violation relating to improper or erratic
        traffic lane changes; or
            (vii) a violation relating to following another
        vehicle too closely; or
            (viii) a violation relating to texting while
        driving; or
            (ix) a violation relating to the use of a hand-held
        mobile telephone while driving; or
        (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.
    (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.
        (2) Texting does not include:
            (i) inputting, selecting, or reading information
        on a global positioning system or navigation system; or
            (ii) pressing a single button to initiate or
        terminate a voice communication using a mobile
        telephone; or
            (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.
    (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;
        (2) dialing or answering a mobile telephone by pressing
    more than a single button; or
        (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.
(Source: P.A. 97-208, eff. 1-1-12.)
 
    (625 ILCS 5/6-526 new)
    Sec. 6-526. Prohibition against texting.
    (a) A driver may not engage in texting while driving a
commercial motor vehicle.
    (b) A motor carrier may not allow or require its drivers to
engage in texting while driving a commercial motor vehicle.
    (c) For the purpose of this Section, when a person is
operating a commercial motor vehicle, driving means operating a
commercial motor vehicle on a highway, including while
temporarily stationary because of traffic, a traffic control
device, or other momentary delays. Driving does not include
operating a commercial motor vehicle when the driver has moved
the vehicle to the side of, or off, a highway and has halted in
a location where the vehicle can safely remain stationary.
    (d) Texting while driving is permissible by a driver of a
commercial motor vehicle when necessary to communicate with law
enforcement officials or other emergency services.
 
    (625 ILCS 5/6-527 new)
    Sec. 6-527. Using a hand-held mobile telephone.
    (a) A driver may not use a hand-held mobile telephone while
driving a commercial motor vehicle.
    (b) A motor carrier may not allow or require its drivers to
use a hand-held mobile telephone while driving a commercial
motor vehicle.
    (c) For the purpose of this Section, driving means
operating a commercial motor vehicle on a highway, including
while temporarily stationary because of traffic, a traffic
control device, or other momentary delays. Driving does not
include operating a commercial motor vehicle when the driver
has moved the vehicle to the side of, or off, a highway and has
halted in a location where the vehicle can safely remain
stationary.
    (d) Using a hand-held mobile telephone is permissible by a
driver of a commercial motor vehicle when necessary to
communicate with law enforcement officials or other emergency
services.

Effective Date: 1/1/2013