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Public Act 098-0747
Public Act 0747 98TH GENERAL ASSEMBLY
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Public Act 098-0747
| | HB5897 Enrolled | LRB098 16858 MLW 51931 b |
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| 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 | Sections 6-113 and 6-201 as follows:
| (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 a | motor vehicle;
| 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;
| 3. Violation of Section 11-401 of this Act relating to | the offense of
leaving the scene of a traffic accident | involving death or injury;
|
| 4. Violation of Section 11-504 of this Act relating to | the offense of drag
racing; or
| 5. Violation of Section 11-506 of this Act relating to | the offense of street racing.
| 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 12 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 accidents 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 |
| during
nighttime hours.
| 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 | during
nighttime hours.
| 2. Have a driving record that does not include any
| traffic accidents 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 an accident 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 accident 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.
| (Source: P.A. 97-229, eff. 7-28-11.)
| (625 ILCS 5/6-201)
| (Text of Section before amendment by P.A. 98-176) | 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 hereunder; | or
| 2. failed to give the required or correct information | in his
application; or
| 3. failed to pay any fees, civil penalties owed to the | Illinois Commerce
Commission, or taxes due under this Act | and upon reasonable notice and demand;
or
| 4. committed any fraud in the making of such | application; or
| 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 within | one year 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
| 8. failed to submit a report as required by Section | 6-116.5 of this
Code; or
| 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. | (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. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-178, eff. | 1-1-14.)
| (Text of Section after amendment by P.A. 98-176)
| 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 hereunder; | or
| 2. failed to give the required or correct information | in his
application; or
| 3. failed to pay any fees, civil penalties owed to the |
| Illinois Commerce
Commission, or taxes due under this Act | and upon reasonable notice and demand;
or
| 4. committed any fraud in the making of such | application; or
| 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 within | one year 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
| 8. failed to submit a report as required by Section | 6-116.5 of this
Code; or
| 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. 15. 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 accident during nighttime hours in which the | restricted license holder was at fault. | (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. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176, eff. | 7-1-14; 98-178, eff. 1-1-14; revised 9-19-13.)
| Section 95. No acceleration or delay. Where this Act makes | changes in a statute that is represented in this Act by text | that is not yet or no longer in effect (for example, a Section | represented by multiple versions), the use of that text does | not accelerate or delay the taking effect of (i) the changes | made by this Act or (ii) provisions derived from any other | Public Act.
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Effective Date: 1/1/2015
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