Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 098-0052


 

Public Act 0052 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0052
 
HB2563 EnrolledLRB098 08777 MLW 38903 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 6-508 as follows:
 
    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
    Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
    (a) Testing.
        (1) General. No person shall be issued an original or
    renewal CDL unless that person is domiciled in this State.
    The Secretary shall cause to be administered such tests as
    the Secretary deems necessary to meet the requirements of
    49 C.F.R. Part 383, subparts F, G, H, and J.
        (2) Third party testing. The Secretary of state may
    authorize a "third party tester", pursuant to 49 C.F.R.
    Part 383.75, to administer the skills test or tests
    specified by Federal Motor Carrier Safety Administration
    pursuant to the Commercial Motor Vehicle Safety Act of 1986
    and any appropriate federal rule.
    (b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77 and Part 383.123. The
Secretary of State shall waive the skills tests specified in
this Section for a driver applicant who has military commercial
motor vehicle experience, subject to the requirements of 49
C.F.R. 383.77.
    (b-1) No person shall be issued a commercial driver
instruction permit or CDL unless the person certifies to the
Secretary one of the following types of driving operations in
which he or she will be engaged:
        (1) non-excepted interstate;
        (2) non-excepted intrastate;
        (3) excepted interstate; or
        (4) excepted intrastate.
    (b-2) Persons who hold a commercial driver instruction
permit or CDL on January 30, 2012 must certify to the Secretary
no later than January 30, 2014 one of the following applicable
self-certifications:
        (1) non-excepted interstate;
        (2) non-excepted intrastate;
        (3) excepted interstate; or
        (4) excepted intrastate.
    (c) Limitations on issuance of a CDL. A CDL, or a
commercial driver instruction permit, shall not be issued to a
person while the person is subject to a disqualification from
driving a commercial motor vehicle, or unless otherwise
permitted by this Code, while the person's driver's license is
suspended, revoked or cancelled in any state, or any territory
or province of Canada; nor may a CDL be issued to a person who
has a CDL issued by any other state, or foreign jurisdiction,
unless the person first surrenders all such licenses. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may be
met with the aid of a hearing aid.
    (c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
        (1) the person has submitted his or her fingerprints to
    the Department of State Police in the form and manner
    prescribed by the Department of State Police. These
    fingerprints shall be checked against the fingerprint
    records now and hereafter filed in the Department of State
    Police and Federal Bureau of Investigation criminal
    history records databases;
        (2) the person has passed a written test, administered
    by the Secretary of State, on charter bus operation,
    charter bus safety, and certain special traffic laws
    relating to school buses determined by the Secretary of
    State to be relevant to charter buses, and submitted to a
    review of the driver applicant's driving habits by the
    Secretary of State at the time the written test is given;
        (3) the person has demonstrated physical fitness to
    operate school buses by submitting the results of a medical
    examination, including tests for drug use; and
        (4) the person has not been convicted of committing or
    attempting to commit any one or more of the following
    offenses: (i) those offenses defined in Sections 8-1.2,
    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
    20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
    24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
    24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
    (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
    (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
    Section 12-3.05, and in subsection (a) and subsection (b),
    clause (1), of Section 12-4, and in subsection (A), clauses
    (a) and (b), of Section 24-3, and those offenses contained
    in Article 29D of the Criminal Code of 1961 or the Criminal
    Code of 2012; (ii) those offenses defined in the Cannabis
    Control Act except those offenses defined in subsections
    (a) and (b) of Section 4, and subsection (a) of Section 5
    of the Cannabis Control Act; (iii) those offenses defined
    in the Illinois Controlled Substances Act; (iv) those
    offenses defined in the Methamphetamine Control and
    Community Protection Act; (v) any offense committed or
    attempted in any other state or against the laws of the
    United States, which if committed or attempted in this
    State would be punishable as one or more of the foregoing
    offenses; (vi) the offenses defined in Sections 4.1 and 5.1
    of the Wrongs to Children Act or Section 11-9.1A of the
    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
    those offenses defined in Section 6-16 of the Liquor
    Control Act of 1934; and (viii) those offenses defined in
    the Methamphetamine Precursor Control Act.
    The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
    (c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
    (d) Commercial driver instruction permit. A commercial
driver instruction permit may be issued to any person holding a
valid Illinois driver's license if such person successfully
passes such tests as the Secretary determines to be necessary.
A commercial driver instruction permit shall not be issued to a
person who does not meet the requirements of 49 CFR 391.41
(b)(11), except for the renewal of a commercial driver
instruction permit for a person who possesses a commercial
instruction permit prior to the effective date of this
amendatory Act of 1999.
(Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1,
Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff.
7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109,
eff. 1-1-13; 97-1150, eff. 1-25-13.)

Effective Date: 1/1/2014