State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0350

SB276 Enrolled                                 LRB9103547KSgc

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Sections 6-109 and 6-508.

    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 6-109 and 6-508 as follows:

    (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
    Sec. 6-109.  Examination of Applicants.
    (a)  The Secretary of State shall examine every applicant
for  a driver's license or permit who has not been previously
licensed as a driver under the laws  of  this  State  or  any
other  state or country, or any applicant for renewal of such
driver's license or permit when such license  or  permit  has
been  expired for more than one year.  The Secretary of State
shall, subject to the provisions of  paragraph  (c),  examine
every licensed driver at least every 8 years, and may examine
or   re-examine  any  other  applicant  or  licensed  driver,
provided that  during  the  years  1984  through  1991  those
drivers  issued  a license for 3 years may be re-examined not
less than every 7 years or more than every 10 years.
    The Secretary of State shall require the testing  of  the
eyesight  of any driver's license or permit applicant who has
not been previously licensed as a driver under  the  laws  of
this  State  and  shall  promulgate  rules and regulations to
provide for the orderly administration of all the  provisions
of this Section.
    (b)  Except as provided for those applicants in paragraph
(c), such examination shall include a test of the applicant's
eyesight, his ability to read and understand official traffic
control  devices, his knowledge of safe driving practices and
the traffic laws of this State, and  may  include  an  actual
demonstration of the applicant's ability to exercise ordinary
and  reasonable  control of the operation of a motor vehicle,
and such further  physical  and  mental  examination  as  the
Secretary   of   State   finds  necessary  to  determine  the
applicant's fitness to operate a motor vehicle safely on  the
highways,  except the examination of an applicant 75 years of
age or older shall include an  actual  demonstration  of  the
applicant's  ability  to  exercise  ordinary  and  reasonable
control of the operation of a motor vehicle.  All portions of
written and verbal examinations under this Section, excepting
where  the  English  language  appears  on facsimiles of road
signs, may be given in  the  Spanish  language  and,  at  the
discretion  of  the Secretary of State, in any other language
as well as in English upon request  of  the  examinee.   Deaf
persons  who  are otherwise qualified are not prohibited from
being issued a license,  other  than  a  commercial  driver's
license, under this Code.
    (c)  Re-examination  for those applicants who at the time
of renewing their driver's license possess a  driving  record
devoid  of  any convictions of traffic violations or evidence
of committing an offense for which mandatory revocation would
be required upon conviction pursuant to Section 6-205 at  the
time  of  renewal  shall  be  in  a  manner prescribed by the
Secretary in order to determine  an  applicant's  ability  to
safely  operate  a motor vehicle, except that every applicant
for the renewal of a driver's license who is 75 years of  age
or   older  must  prove,  by  an  actual  demonstration,  the
applicant's ability to exercise reasonable care in  the  safe
operation of a motor vehicle.
    (d)  In  the  event the applicant is not ineligible under
the  provisions  of  Section  6-103  to  receive  a  driver's
license, the Secretary of  State  shall  make  provision  for
giving  an  examination,  either  in  the  county  where  the
applicant  resides  or at a place adjacent thereto reasonably
convenient to the applicant, within not  more  than  30  days
from the date said application is received.
(Source: P.A. 89-569, eff. 1-1-97.)

    (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 G and H.
         (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  Highway  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
commercial   driver   license   applicant   who   meets   the
requirements of 49 C.F.R. Part 383.77.
    (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.
    (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. 86-845.)

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

[ Top ]