100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0822

 

Introduced 2/1/2017, by Sen. Napoleon Harris, III

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205
625 ILCS 5/6-500  from Ch. 95 1/2, par. 6-500
625 ILCS 5/6-507.5
625 ILCS 5/6-508.1
625 ILCS 5/11-1414  from Ch. 95 1/2, par. 11-1414

    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver who commits aggravated overtaking or passing of a school bus. Creates the offense of aggravated overtaking or passing of a school bus. Adds to the definition of "medical examiner's certificate" an electronic submission of results of an examination conducted by a medical examiner listed on the National Registry of Certified Medical Examiners to the Federal Motor Carrier Safety Administration of a driver to medically qualify him or her to drive. Provides that beginning June 22, 2018, the Secretary shall post to a Commercial Driver License Information System driver record within one business day of electronic receipt from the Federal Motor Carrier Safety Administration certain information about a driver who has certified himself or herself as non-excepted interstate. Provides that the Secretary may waive a general knowledge test waiver for an applicant of a commercial learner's permit if the applicant: (1) is a current resident of this State; (2) is a current or former member of the military services; (3) within one year prior to the application, has been regularly employed in a military position that requires the operation of large trucks; (4) has received formal military training in the operation of a vehicle similar to the commercial motor vehicle the applicant expects to operate; and (5) provides the Secretary with a general knowledge test waiver form certifying that the applicant qualifies for the general knowledge test waiver. Makes conforming changes. Effective immediately.


LRB100 08807 AXK 18947 b

 

 

A BILL FOR

 

SB0822LRB100 08807 AXK 18947 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-205, 6-500, 6-507.5, 6-508.1, and 11-1414 as
6follows:
 
7    (625 ILCS 5/6-205)
8    Sec. 6-205. Mandatory revocation of license or permit;
9Hardship cases.
10    (a) Except as provided in this Section, the Secretary of
11State shall immediately revoke the license, permit, or driving
12privileges of any driver upon receiving a report of the
13driver's conviction of any of the following offenses:
14        1. Reckless homicide resulting from the operation of a
15    motor vehicle;
16        2. Violation of Section 11-501 of this Code or a
17    similar provision of a local ordinance relating to the
18    offense of operating or being in physical control of a
19    vehicle while under the influence of alcohol, other drug or
20    drugs, intoxicating compound or compounds, or any
21    combination thereof;
22        3. Any felony under the laws of any State or the
23    federal government in the commission of which a motor

 

 

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1    vehicle was used;
2        4. Violation of Section 11-401 of this Code relating to
3    the offense of leaving the scene of a traffic accident
4    involving death or personal injury;
5        5. Perjury or the making of a false affidavit or
6    statement under oath to the Secretary of State under this
7    Code or under any other law relating to the ownership or
8    operation of motor vehicles;
9        6. Conviction upon 3 charges of violation of Section
10    11-503 of this Code relating to the offense of reckless
11    driving committed within a period of 12 months;
12        7. Conviction of any offense defined in Section 4-102
13    of this Code;
14        8. Violation of Section 11-504 of this Code relating to
15    the offense of drag racing;
16        9. Violation of Chapters 8 and 9 of this Code;
17        10. Violation of Section 12-5 of the Criminal Code of
18    1961 or the Criminal Code of 2012 arising from the use of a
19    motor vehicle;
20        11. Violation of Section 11-204.1 of this Code relating
21    to aggravated fleeing or attempting to elude a peace
22    officer;
23        12. Violation of paragraph (1) of subsection (b) of
24    Section 6-507, or a similar law of any other state,
25    relating to the unlawful operation of a commercial motor
26    vehicle;

 

 

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1        13. Violation of paragraph (a) of Section 11-502 of
2    this Code or a similar provision of a local ordinance if
3    the driver has been previously convicted of a violation of
4    that Section or a similar provision of a local ordinance
5    and the driver was less than 21 years of age at the time of
6    the offense;
7        14. Violation of paragraph (a) of Section 11-506 of
8    this Code or a similar provision of a local ordinance
9    relating to the offense of street racing;
10        15. A second or subsequent conviction of driving while
11    the person's driver's license, permit or privileges was
12    revoked for reckless homicide or a similar out-of-state
13    offense;
14        16. Any offense against any provision in this Code, or
15    any local ordinance, regulating the movement of traffic
16    when that offense was the proximate cause of the death of
17    any person. Any person whose driving privileges have been
18    revoked pursuant to this paragraph may seek to have the
19    revocation terminated or to have the length of revocation
20    reduced by requesting an administrative hearing with the
21    Secretary of State prior to the projected driver's license
22    application eligibility date;
23        17. Violation of subsection (a-2) of Section 11-1301.3
24    of this Code or a similar provision of a local ordinance;
25        18. A second or subsequent conviction of illegal
26    possession, while operating or in actual physical control,

 

 

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1    as a driver, of a motor vehicle, of any controlled
2    substance prohibited under the Illinois Controlled
3    Substances Act, any cannabis prohibited under the Cannabis
4    Control Act, or any methamphetamine prohibited under the
5    Methamphetamine Control and Community Protection Act. A
6    defendant found guilty of this offense while operating a
7    motor vehicle shall have an entry made in the court record
8    by the presiding judge that this offense did occur while
9    the defendant was operating a motor vehicle and order the
10    clerk of the court to report the violation to the Secretary
11    of State; .
12        19. Violation of subsection (a-5) of Section 11-1414 of
13    this Code, or a similar provision of a local ordinance,
14    relating to the offense of aggravated overtaking or passing
15    of a school bus.
16    (b) The Secretary of State shall also immediately revoke
17the license or permit of any driver in the following
18situations:
19        1. Of any minor upon receiving the notice provided for
20    in Section 5-901 of the Juvenile Court Act of 1987 that the
21    minor has been adjudicated under that Act as having
22    committed an offense relating to motor vehicles prescribed
23    in Section 4-103 of this Code;
24        2. Of any person when any other law of this State
25    requires either the revocation or suspension of a license
26    or permit;

 

 

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1        3. Of any person adjudicated under the Juvenile Court
2    Act of 1987 based on an offense determined to have been
3    committed in furtherance of the criminal activities of an
4    organized gang as provided in Section 5-710 of that Act,
5    and that involved the operation or use of a motor vehicle
6    or the use of a driver's license or permit. The revocation
7    shall remain in effect for the period determined by the
8    court.
9    (c)(1) Whenever a person is convicted of any of the
10offenses enumerated in this Section, the court may recommend
11and the Secretary of State in his discretion, without regard to
12whether the recommendation is made by the court may, upon
13application, issue to the person a restricted driving permit
14granting the privilege of driving a motor vehicle between the
15petitioner's residence and petitioner's place of employment or
16within the scope of the petitioner's employment related duties,
17or to allow the petitioner to transport himself or herself or a
18family member of the petitioner's household to a medical
19facility for the receipt of necessary medical care or to allow
20the petitioner to transport himself or herself to and from
21alcohol or drug remedial or rehabilitative activity
22recommended by a licensed service provider, or to allow the
23petitioner to transport himself or herself or a family member
24of the petitioner's household to classes, as a student, at an
25accredited educational institution, or to allow the petitioner
26to transport children, elderly persons, or persons with

 

 

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1disabilities who do not hold driving privileges and are living
2in the petitioner's household to and from daycare; if the
3petitioner is able to demonstrate that no alternative means of
4transportation is reasonably available and that the petitioner
5will not endanger the public safety or welfare; provided that
6the Secretary's discretion shall be limited to cases where
7undue hardship, as defined by the rules of the Secretary of
8State, would result from a failure to issue the restricted
9driving permit.
10        (1.5) A person subject to the provisions of paragraph 4
11    of subsection (b) of Section 6-208 of this Code may make
12    application for a restricted driving permit at a hearing
13    conducted under Section 2-118 of this Code after the
14    expiration of 5 years from the effective date of the most
15    recent revocation, or after 5 years from the date of
16    release from a period of imprisonment resulting from a
17    conviction of the most recent offense, whichever is later,
18    provided the person, in addition to all other requirements
19    of the Secretary, shows by clear and convincing evidence:
20            (A) a minimum of 3 years of uninterrupted
21        abstinence from alcohol and the unlawful use or
22        consumption of cannabis under the Cannabis Control
23        Act, a controlled substance under the Illinois
24        Controlled Substances Act, an intoxicating compound
25        under the Use of Intoxicating Compounds Act, or
26        methamphetamine under the Methamphetamine Control and

 

 

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1        Community Protection Act; and
2            (B) the successful completion of any
3        rehabilitative treatment and involvement in any
4        ongoing rehabilitative activity that may be
5        recommended by a properly licensed service provider
6        according to an assessment of the person's alcohol or
7        drug use under Section 11-501.01 of this Code.
8        In determining whether an applicant is eligible for a
9    restricted driving permit under this paragraph (1.5), the
10    Secretary may consider any relevant evidence, including,
11    but not limited to, testimony, affidavits, records, and the
12    results of regular alcohol or drug tests. Persons subject
13    to the provisions of paragraph 4 of subsection (b) of
14    Section 6-208 of this Code and who have been convicted of
15    more than one violation of paragraph (3), paragraph (4), or
16    paragraph (5) of subsection (a) of Section 11-501 of this
17    Code shall not be eligible to apply for a restricted
18    driving permit.
19        A restricted driving permit issued under this
20    paragraph (1.5) shall provide that the holder may only
21    operate motor vehicles equipped with an ignition interlock
22    device as required under paragraph (2) of subsection (c) of
23    this Section and subparagraph (A) of paragraph 3 of
24    subsection (c) of Section 6-206 of this Code. The Secretary
25    may revoke a restricted driving permit or amend the
26    conditions of a restricted driving permit issued under this

 

 

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1    paragraph (1.5) if the holder operates a vehicle that is
2    not equipped with an ignition interlock device, or for any
3    other reason authorized under this Code.
4        A restricted driving permit issued under this
5    paragraph (1.5) shall be revoked, and the holder barred
6    from applying for or being issued a restricted driving
7    permit in the future, if the holder is subsequently
8    convicted of a violation of Section 11-501 of this Code, a
9    similar provision of a local ordinance, or a similar
10    offense in another state.
11        (2) If a person's license or permit is revoked or
12    suspended due to 2 or more convictions of violating Section
13    11-501 of this Code or a similar provision of a local
14    ordinance or a similar out-of-state offense, or Section 9-3
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    where the use of alcohol or other drugs is recited as an
17    element of the offense, or a similar out-of-state offense,
18    or a combination of these offenses, arising out of separate
19    occurrences, that person, if issued a restricted driving
20    permit, may not operate a vehicle unless it has been
21    equipped with an ignition interlock device as defined in
22    Section 1-129.1.
23        (3) If:
24            (A) a person's license or permit is revoked or
25        suspended 2 or more times due to any combination of:
26                (i) a single conviction of violating Section

 

 

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1            11-501 of this Code or a similar provision of a
2            local ordinance or a similar out-of-state offense,
3            or Section 9-3 of the Criminal Code of 1961 or the
4            Criminal Code of 2012, where the use of alcohol or
5            other drugs is recited as an element of the
6            offense, or a similar out-of-state offense; or
7                (ii) a statutory summary suspension or
8            revocation under Section 11-501.1; or
9                (iii) a suspension pursuant to Section
10            6-203.1;
11        arising out of separate occurrences; or
12            (B) a person has been convicted of one violation of
13        subparagraph (C) or (F) of paragraph (1) of subsection
14        (d) of Section 11-501 of this Code, Section 9-3 of the
15        Criminal Code of 1961 or the Criminal Code of 2012,
16        relating to the offense of reckless homicide where the
17        use of alcohol or other drugs was recited as an element
18        of the offense, or a similar provision of a law of
19        another state;
20    that person, if issued a restricted driving permit, may not
21    operate a vehicle unless it has been equipped with an
22    ignition interlock device as defined in Section 1-129.1.
23        (4) The person issued a permit conditioned on the use
24    of an ignition interlock device must pay to the Secretary
25    of State DUI Administration Fund an amount not to exceed
26    $30 per month. The Secretary shall establish by rule the

 

 

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1    amount and the procedures, terms, and conditions relating
2    to these fees.
3        (5) If the restricted driving permit is issued for
4    employment purposes, then the prohibition against
5    operating a motor vehicle that is not equipped with an
6    ignition interlock device does not apply to the operation
7    of an occupational vehicle owned or leased by that person's
8    employer when used solely for employment purposes. For any
9    person who, within a 5-year period, is convicted of a
10    second or subsequent offense under Section 11-501 of this
11    Code, or a similar provision of a local ordinance or
12    similar out-of-state offense, this employment exemption
13    does not apply until either a one-year period has elapsed
14    during which that person had his or her driving privileges
15    revoked or a one-year period has elapsed during which that
16    person had a restricted driving permit which required the
17    use of an ignition interlock device on every motor vehicle
18    owned or operated by that person.
19        (6) In each case the Secretary of State may issue a
20    restricted driving permit for a period he deems
21    appropriate, except that the permit shall expire within one
22    year from the date of issuance. A restricted driving permit
23    issued under this Section shall be subject to cancellation,
24    revocation, and suspension by the Secretary of State in
25    like manner and for like cause as a driver's license issued
26    under this Code may be cancelled, revoked, or suspended;

 

 

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1    except that a conviction upon one or more offenses against
2    laws or ordinances regulating the movement of traffic shall
3    be deemed sufficient cause for the revocation, suspension,
4    or cancellation of a restricted driving permit. The
5    Secretary of State may, as a condition to the issuance of a
6    restricted driving permit, require the petitioner to
7    participate in a designated driver remedial or
8    rehabilitative program. The Secretary of State is
9    authorized to cancel a restricted driving permit if the
10    permit holder does not successfully complete the program.
11    However, if an individual's driving privileges have been
12    revoked in accordance with paragraph 13 of subsection (a)
13    of this Section, no restricted driving permit shall be
14    issued until the individual has served 6 months of the
15    revocation period.
16    (c-5) (Blank).
17    (c-6) If a person is convicted of a second violation of
18operating a motor vehicle while the person's driver's license,
19permit or privilege was revoked, where the revocation was for a
20violation of Section 9-3 of the Criminal Code of 1961 or the
21Criminal Code of 2012 relating to the offense of reckless
22homicide or a similar out-of-state offense, the person's
23driving privileges shall be revoked pursuant to subdivision
24(a)(15) of this Section. The person may not make application
25for a license or permit until the expiration of five years from
26the effective date of the revocation or the expiration of five

 

 

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1years from the date of release from a term of imprisonment,
2whichever is later.
3    (c-7) If a person is convicted of a third or subsequent
4violation of operating a motor vehicle while the person's
5driver's license, permit or privilege was revoked, where the
6revocation was for a violation of Section 9-3 of the Criminal
7Code of 1961 or the Criminal Code of 2012 relating to the
8offense of reckless homicide or a similar out-of-state offense,
9the person may never apply for a license or permit.
10    (d)(1) Whenever a person under the age of 21 is convicted
11under Section 11-501 of this Code or a similar provision of a
12local ordinance or a similar out-of-state offense, the
13Secretary of State shall revoke the driving privileges of that
14person. One year after the date of revocation, and upon
15application, the Secretary of State may, if satisfied that the
16person applying will not endanger the public safety or welfare,
17issue a restricted driving permit granting the privilege of
18driving a motor vehicle only between the hours of 5 a.m. and 9
19p.m. or as otherwise provided by this Section for a period of
20one year. After this one-year period, and upon reapplication
21for a license as provided in Section 6-106, upon payment of the
22appropriate reinstatement fee provided under paragraph (b) of
23Section 6-118, the Secretary of State, in his discretion, may
24reinstate the petitioner's driver's license and driving
25privileges, or extend the restricted driving permit as many
26times as the Secretary of State deems appropriate, by

 

 

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1additional periods of not more than 12 months each.
2        (2) If a person's license or permit is revoked or
3    suspended due to 2 or more convictions of violating Section
4    11-501 of this Code or a similar provision of a local
5    ordinance or a similar out-of-state offense, or Section 9-3
6    of the Criminal Code of 1961 or the Criminal Code of 2012,
7    where the use of alcohol or other drugs is recited as an
8    element of the offense, or a similar out-of-state offense,
9    or a combination of these offenses, arising out of separate
10    occurrences, that person, if issued a restricted driving
11    permit, may not operate a vehicle unless it has been
12    equipped with an ignition interlock device as defined in
13    Section 1-129.1.
14        (3) If a person's license or permit is revoked or
15    suspended 2 or more times due to any combination of:
16            (A) a single conviction of violating Section
17        11-501 of this Code or a similar provision of a local
18        ordinance or a similar out-of-state offense, or
19        Section 9-3 of the Criminal Code of 1961 or the
20        Criminal Code of 2012, where the use of alcohol or
21        other drugs is recited as an element of the offense, or
22        a similar out-of-state offense; or
23            (B) a statutory summary suspension or revocation
24        under Section 11-501.1; or
25            (C) a suspension pursuant to Section 6-203.1;
26    arising out of separate occurrences, that person, if issued

 

 

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1    a restricted driving permit, may not operate a vehicle
2    unless it has been equipped with an ignition interlock
3    device as defined in Section 1-129.1.
4        (3.5) If a person's license or permit is revoked or
5    suspended due to a conviction for a violation of
6    subparagraph (C) or (F) of paragraph (1) of subsection (d)
7    of Section 11-501 of this Code, or a similar provision of a
8    local ordinance or similar out-of-state offense, that
9    person, if issued a restricted driving permit, may not
10    operate a vehicle unless it has been equipped with an
11    ignition interlock device as defined in Section 1-129.1.
12        (4) The person issued a permit conditioned upon the use
13    of an interlock device must pay to the Secretary of State
14    DUI Administration Fund an amount not to exceed $30 per
15    month. The Secretary shall establish by rule the amount and
16    the procedures, terms, and conditions relating to these
17    fees.
18        (5) If the restricted driving permit is issued for
19    employment purposes, then the prohibition against driving
20    a vehicle that is not equipped with an ignition interlock
21    device does not apply to the operation of an occupational
22    vehicle owned or leased by that person's employer when used
23    solely for employment purposes. For any person who, within
24    a 5-year period, is convicted of a second or subsequent
25    offense under Section 11-501 of this Code, or a similar
26    provision of a local ordinance or similar out-of-state

 

 

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1    offense, this employment exemption does not apply until
2    either a one-year period has elapsed during which that
3    person had his or her driving privileges revoked or a
4    one-year period has elapsed during which that person had a
5    restricted driving permit which required the use of an
6    ignition interlock device on every motor vehicle owned or
7    operated by that person.
8        (6) A restricted driving permit issued under this
9    Section shall be subject to cancellation, revocation, and
10    suspension by the Secretary of State in like manner and for
11    like cause as a driver's license issued under this Code may
12    be cancelled, revoked, or suspended; except that a
13    conviction upon one or more offenses against laws or
14    ordinances regulating the movement of traffic shall be
15    deemed sufficient cause for the revocation, suspension, or
16    cancellation of a restricted driving permit.
17    (d-5) The revocation of the license, permit, or driving
18privileges of a person convicted of a third or subsequent
19violation of Section 6-303 of this Code committed while his or
20her driver's license, permit, or privilege was revoked because
21of a violation of Section 9-3 of the Criminal Code of 1961 or
22the Criminal Code of 2012, relating to the offense of reckless
23homicide, or a similar provision of a law of another state, is
24permanent. The Secretary may not, at any time, issue a license
25or permit to that person.
26    (e) This Section is subject to the provisions of the Driver

 

 

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1License Compact.
2    (f) Any revocation imposed upon any person under
3subsections 2 and 3 of paragraph (b) that is in effect on
4December 31, 1988 shall be converted to a suspension for a like
5period of time.
6    (g) The Secretary of State shall not issue a restricted
7driving permit to a person under the age of 16 years whose
8driving privileges have been revoked under any provisions of
9this Code.
10    (h) The Secretary of State shall require the use of
11ignition interlock devices for a period not less than 5 years
12on all vehicles owned by a person who has been convicted of a
13second or subsequent offense under Section 11-501 of this Code
14or a similar provision of a local ordinance. The person must
15pay to the Secretary of State DUI Administration Fund an amount
16not to exceed $30 for each month that he or she uses the
17device. The Secretary shall establish by rule and regulation
18the procedures for certification and use of the interlock
19system, the amount of the fee, and the procedures, terms, and
20conditions relating to these fees. During the time period in
21which a person is required to install an ignition interlock
22device under this subsection (h), that person shall only
23operate vehicles in which ignition interlock devices have been
24installed, except as allowed by subdivision (c)(5) or (d)(5) of
25this Section.
26    (i) (Blank).

 

 

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1    (j) In accordance with 49 C.F.R. 384, the Secretary of
2State may not issue a restricted driving permit for the
3operation of a commercial motor vehicle to a person holding a
4CDL whose driving privileges have been revoked, suspended,
5cancelled, or disqualified under any provisions of this Code.
6    (k) The Secretary of State shall notify by mail any person
7whose driving privileges have been revoked under paragraph 16
8of subsection (a) of this Section that his or her driving
9privileges and driver's license will be revoked 90 days from
10the date of the mailing of the notice.
11(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
1299-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
1399-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff.
147-28-16.)
 
15    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
16    Sec. 6-500. Definitions of words and phrases.
17Notwithstanding the definitions set forth elsewhere in this
18Code, for purposes of the Uniform Commercial Driver's License
19Act (UCDLA), the words and phrases listed below have the
20meanings ascribed to them as follows:
21    (1) Alcohol. "Alcohol" means any substance containing any
22form of alcohol, including but not limited to ethanol,
23methanol, propanol, and isopropanol.
24    (2) Alcohol concentration. "Alcohol concentration" means:
25        (A) the number of grams of alcohol per 210 liters of

 

 

SB0822- 18 -LRB100 08807 AXK 18947 b

1    breath; or
2        (B) the number of grams of alcohol per 100 milliliters
3    of blood; or
4        (C) the number of grams of alcohol per 67 milliliters
5    of urine.
6    Alcohol tests administered within 2 hours of the driver
7being "stopped or detained" shall be considered that driver's
8"alcohol concentration" for the purposes of enforcing this
9UCDLA.
10    (3) (Blank).
11    (4) (Blank).
12    (5) (Blank).
13    (5.3) CDLIS driver record. "CDLIS driver record" means the
14electronic record of the individual CDL driver's status and
15history stored by the State-of-Record as part of the Commercial
16Driver's License Information System, or CDLIS, established
17under 49 U.S.C. 31309.
18    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
19record" or "CDLIS MVR" means a report generated from the CDLIS
20driver record meeting the requirements for access to CDLIS
21information and provided by states to users authorized in 49
22C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
23Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
24    (5.7) Commercial driver's license downgrade. "Commercial
25driver's license downgrade" or "CDL downgrade" means either:
26        (A) a state allows the driver to change his or her

 

 

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1    self-certification to interstate, but operating
2    exclusively in transportation or operation excepted from
3    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
4    391.2, 391.68, or 398.3;
5        (B) a state allows the driver to change his or her
6    self-certification to intrastate only, if the driver
7    qualifies under that state's physical qualification
8    requirements for intrastate only;
9        (C) a state allows the driver to change his or her
10    certification to intrastate, but operating exclusively in
11    transportation or operations excepted from all or part of
12    the state driver qualification requirements; or
13        (D) a state removes the CDL privilege from the driver
14    license.
15    (6) Commercial Motor Vehicle.
16        (A) "Commercial motor vehicle" or "CMV" means a motor
17    vehicle or combination of motor vehicles used in commerce,
18    except those referred to in subdivision (B), designed to
19    transport passengers or property if the motor vehicle:
20            (i) has a gross combination weight rating or gross
21        combination weight of 11,794 kilograms or more (26,001
22        pounds or more), whichever is greater, inclusive of any
23        towed unit with a gross vehicle weight rating or gross
24        vehicle weight of more than 4,536 kilograms (10,000
25        pounds), whichever is greater; or
26            (i-5) has a gross vehicle weight rating or gross

 

 

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1        vehicle weight of 11,794 or more kilograms (26,001
2        pounds or more), whichever is greater; or
3            (ii) is designed to transport 16 or more persons,
4        including the driver; or
5            (iii) is of any size and is used in transporting
6        hazardous materials as defined in 49 C.F.R. 383.5.
7        (B) Pursuant to the interpretation of the Commercial
8    Motor Vehicle Safety Act of 1986 by the Federal Highway
9    Administration, the definition of "commercial motor
10    vehicle" does not include:
11            (i) recreational vehicles, when operated primarily
12        for personal use;
13            (ii) vehicles owned by or operated under the
14        direction of the United States Department of Defense or
15        the United States Coast Guard only when operated by
16        non-civilian personnel. This includes any operator on
17        active military duty; members of the Reserves;
18        National Guard; personnel on part-time training; and
19        National Guard military technicians (civilians who are
20        required to wear military uniforms and are subject to
21        the Code of Military Justice); or
22            (iii) firefighting, police, and other emergency
23        equipment (including, without limitation, equipment
24        owned or operated by a HazMat or technical rescue team
25        authorized by a county board under Section 5-1127 of
26        the Counties Code), with audible and visual signals,

 

 

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1        owned or operated by or for a governmental entity,
2        which is necessary to the preservation of life or
3        property or the execution of emergency governmental
4        functions which are normally not subject to general
5        traffic rules and regulations.
6    (7) Controlled Substance. "Controlled substance" shall
7have the same meaning as defined in Section 102 of the Illinois
8Controlled Substances Act, and shall also include cannabis as
9defined in Section 3 of the Cannabis Control Act and
10methamphetamine as defined in Section 10 of the Methamphetamine
11Control and Community Protection Act.
12    (8) Conviction. "Conviction" means an unvacated
13adjudication of guilt or a determination that a person has
14violated or failed to comply with the law in a court of
15original jurisdiction or by an authorized administrative
16tribunal; an unvacated forfeiture of bail or collateral
17deposited to secure the person's appearance in court; a plea of
18guilty or nolo contendere accepted by the court; the payment of
19a fine or court cost regardless of whether the imposition of
20sentence is deferred and ultimately a judgment dismissing the
21underlying charge is entered; or a violation of a condition of
22release without bail, regardless of whether or not the penalty
23is rebated, suspended or probated.
24    (8.5) Day. "Day" means calendar day.
25    (9) (Blank).
26    (10) (Blank).

 

 

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1    (11) (Blank).
2    (12) (Blank).
3    (13) Driver. "Driver" means any person who drives,
4operates, or is in physical control of a commercial motor
5vehicle, any person who is required to hold a CDL, or any
6person who is a holder of a CDL while operating a
7non-commercial motor vehicle.
8    (13.5) Driver applicant. "Driver applicant" means an
9individual who applies to a state or other jurisdiction to
10obtain, transfer, upgrade, or renew a CDL or to obtain or renew
11a CLP.
12    (13.8) Electronic device. "Electronic device" includes,
13but is not limited to, a cellular telephone, personal digital
14assistant, pager, computer, or any other device used to input,
15write, send, receive, or read text.
16    (14) Employee. "Employee" means a person who is employed as
17a commercial motor vehicle driver. A person who is
18self-employed as a commercial motor vehicle driver must comply
19with the requirements of this UCDLA pertaining to employees. An
20owner-operator on a long-term lease shall be considered an
21employee.
22    (15) Employer. "Employer" means a person (including the
23United States, a State or a local authority) who owns or leases
24a commercial motor vehicle or assigns employees to operate such
25a vehicle. A person who is self-employed as a commercial motor
26vehicle driver must comply with the requirements of this UCDLA.

 

 

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1    (15.1) Endorsement. "Endorsement" means an authorization
2to an individual's CLP or CDL required to permit the individual
3to operate certain types of commercial motor vehicles.
4    (15.3) Excepted interstate. "Excepted interstate" means a
5person who operates or expects to operate in interstate
6commerce, but engages exclusively in transportation or
7operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
8398.3 from all or part of the qualification requirements of 49
9C.F.R. Part 391 and is not required to obtain a medical
10examiner's certificate by 49 C.F.R. 391.45.
11    (15.5) Excepted intrastate. "Excepted intrastate" means a
12person who operates in intrastate commerce but engages
13exclusively in transportation or operations excepted from all
14or parts of the state driver qualification requirements.
15    (16) (Blank).
16    (16.5) Fatality. "Fatality" means the death of a person as
17a result of a motor vehicle accident.
18    (16.7) Foreign commercial driver. "Foreign commercial
19driver" means a person licensed to operate a commercial motor
20vehicle by an authority outside the United States, or a citizen
21of a foreign country who operates a commercial motor vehicle in
22the United States.
23    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
24sovereign jurisdiction that does not fall within the definition
25of "State".
26    (18) (Blank).

 

 

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1    (19) (Blank).
2    (20) Hazardous materials. "Hazardous Material" means any
3material that has been designated under 49 U.S.C. 5103 and is
4required to be placarded under subpart F of 49 C.F.R. part 172
5or any quantity of a material listed as a select agent or toxin
6in 42 C.F.R. part 73.
7    (20.5) Imminent Hazard. "Imminent hazard" means the
8existence of any condition of a vehicle, employee, or
9commercial motor vehicle operations that substantially
10increases the likelihood of serious injury or death if not
11discontinued immediately; or a condition relating to hazardous
12material that presents a substantial likelihood that death,
13serious illness, severe personal injury, or a substantial
14endangerment to health, property, or the environment may occur
15before the reasonably foreseeable completion date of a formal
16proceeding begun to lessen the risk of that death, illness,
17injury or endangerment.
18    (20.6) Issuance. "Issuance" means initial issuance,
19transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
20CLP or CDL.
21    (20.7) Issue. "Issue" means initial issuance, transfer,
22renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
23non-domiciled CDL.
24    (21) Long-term lease. "Long-term lease" means a lease of a
25commercial motor vehicle by the owner-lessor to a lessee, for a
26period of more than 29 days.

 

 

SB0822- 25 -LRB100 08807 AXK 18947 b

1    (21.01) Manual transmission. "Manual transmission" means a
2transmission utilizing a driver-operated clutch that is
3activated by a pedal or lever and a gear-shift mechanism
4operated either by hand or foot including those known as a
5stick shift, stick, straight drive, or standard transmission.
6All other transmissions, whether semi-automatic or automatic,
7shall be considered automatic for the purposes of the
8standardized restriction code.
9    (21.1) Medical examiner. "Medical examiner" means an
10individual certified by the Federal Motor Carrier Safety
11Administration and listed on the National Registry of Certified
12Medical Examiners in accordance with Federal Motor Carrier
13Safety Regulations, 49 CFR 390.101 et seq.
14    (21.2) Medical examiner's certificate. "Medical examiner's
15certificate" means either (1) prior to June 22, 2018, a
16document prescribed or approved by the Secretary of State that
17is issued by a medical examiner to a driver to medically
18qualify him or her to drive; or (2) beginning June 22, 2018, an
19electronic submission of results of an examination conducted by
20a medical examiner listed on the National Registry of Certified
21Medical Examiners to the Federal Motor Carrier Safety
22Administration of a driver to medically qualify him or her to
23drive.
24    (21.5) Medical variance. "Medical variance" means a driver
25has received one of the following from the Federal Motor
26Carrier Safety Administration which allows the driver to be

 

 

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1issued a medical certificate: (1) an exemption letter
2permitting operation of a commercial motor vehicle pursuant to
349 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
4skill performance evaluation (SPE) certificate permitting
5operation of a commercial motor vehicle pursuant to 49 C.F.R.
6391.49.
7    (21.7) Mobile telephone. "Mobile telephone" means a mobile
8communication device that falls under or uses any commercial
9mobile radio service, as defined in regulations of the Federal
10Communications Commission, 47 CFR 20.3. It does not include
11two-way or citizens band radio services.
12    (22) Motor Vehicle. "Motor vehicle" means every vehicle
13which is self-propelled, and every vehicle which is propelled
14by electric power obtained from over head trolley wires but not
15operated upon rails, except vehicles moved solely by human
16power and motorized wheel chairs.
17    (22.2) Motor vehicle record. "Motor vehicle record" means a
18report of the driving status and history of a driver generated
19from the driver record provided to users, such as drivers or
20employers, and is subject to the provisions of the Driver
21Privacy Protection Act, 18 U.S.C. 2721-2725.
22    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
23combination of motor vehicles not defined by the term
24"commercial motor vehicle" or "CMV" in this Section.
25    (22.7) Non-excepted interstate. "Non-excepted interstate"
26means a person who operates or expects to operate in interstate

 

 

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1commerce, is subject to and meets the qualification
2requirements under 49 C.F.R. Part 391, and is required to
3obtain a medical examiner's certificate by 49 C.F.R. 391.45.
4    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
5means a person who operates only in intrastate commerce and is
6subject to State driver qualification requirements.
7    (23) Non-domiciled CLP or Non-domiciled CDL.
8"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
9respectively, issued by a state or other jurisdiction under
10either of the following two conditions:
11        (i) to an individual domiciled in a foreign country
12    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
13    of the Federal Motor Carrier Safety Administration.
14        (ii) to an individual domiciled in another state
15    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
16    of the Federal Motor Carrier Safety Administration.
17    (24) (Blank).
18    (25) (Blank).
19    (25.5) Railroad-Highway Grade Crossing Violation.
20"Railroad-highway grade crossing violation" means a violation,
21while operating a commercial motor vehicle, of any of the
22following:
23        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
24        (B) Any other similar law or local ordinance of any
25    state relating to railroad-highway grade crossing.
26    (25.7) School Bus. "School bus" means a commercial motor

 

 

SB0822- 28 -LRB100 08807 AXK 18947 b

1vehicle used to transport pre-primary, primary, or secondary
2school students from home to school, from school to home, or to
3and from school-sponsored events. "School bus" does not include
4a bus used as a common carrier.
5    (26) Serious Traffic Violation. "Serious traffic
6violation" means:
7        (A) a conviction when operating a commercial motor
8    vehicle, or when operating a non-CMV while holding a CLP or
9    CDL, of:
10            (i) a violation relating to excessive speeding,
11        involving a single speeding charge of 15 miles per hour
12        or more above the legal speed limit; or
13            (ii) a violation relating to reckless driving; or
14            (iii) a violation of any State law or local
15        ordinance relating to motor vehicle traffic control
16        (other than parking violations) arising in connection
17        with a fatal traffic accident; or
18            (iv) a violation of Section 6-501, relating to
19        having multiple driver's licenses; or
20            (v) a violation of paragraph (a) of Section 6-507,
21        relating to the requirement to have a valid CLP or CDL;
22        or
23            (vi) a violation relating to improper or erratic
24        traffic lane changes; or
25            (vii) a violation relating to following another
26        vehicle too closely; or

 

 

SB0822- 29 -LRB100 08807 AXK 18947 b

1            (viii) a violation relating to texting while
2        driving; or
3            (ix) a violation relating to the use of a hand-held
4        mobile telephone while driving; or
5        (B) any other similar violation of a law or local
6    ordinance of any state relating to motor vehicle traffic
7    control, other than a parking violation, which the
8    Secretary of State determines by administrative rule to be
9    serious.
10    (27) State. "State" means a state of the United States, the
11District of Columbia and any province or territory of Canada.
12    (28) (Blank).
13    (29) (Blank).
14    (30) (Blank).
15    (31) (Blank).
16    (32) Texting. "Texting" means manually entering
17alphanumeric text into, or reading text from, an electronic
18device.
19        (1) Texting includes, but is not limited to, short
20    message service, emailing, instant messaging, a command or
21    request to access a World Wide Web page, pressing more than
22    a single button to initiate or terminate a voice
23    communication using a mobile telephone, or engaging in any
24    other form of electronic text retrieval or entry for
25    present or future communication.
26        (2) Texting does not include:

 

 

SB0822- 30 -LRB100 08807 AXK 18947 b

1            (i) inputting, selecting, or reading information
2        on a global positioning system or navigation system; or
3            (ii) pressing a single button to initiate or
4        terminate a voice communication using a mobile
5        telephone; or
6            (iii) using a device capable of performing
7        multiple functions (for example, a fleet management
8        system, dispatching device, smart phone, citizens band
9        radio, or music player) for a purpose that is not
10        otherwise prohibited by Part 392 of the Federal Motor
11        Carrier Safety Regulations.
12    (32.3) Third party skills test examiner. "Third party
13skills test examiner" means a person employed by a third party
14tester who is authorized by the State to administer the CDL
15skills tests specified in 49 C.F.R. Part 383, subparts G and H.
16    (32.5) Third party tester. "Third party tester" means a
17person (including, but not limited to, another state, a motor
18carrier, a private driver training facility or other private
19institution, or a department, agency, or instrumentality of a
20local government) authorized by the State to employ skills test
21examiners to administer the CDL skills tests specified in 49
22C.F.R. Part 383, subparts G and H.
23    (32.7) United States. "United States" means the 50 states
24and the District of Columbia.
25    (33) Use a hand-held mobile telephone. "Use a hand-held
26mobile telephone" means:

 

 

SB0822- 31 -LRB100 08807 AXK 18947 b

1        (1) using at least one hand to hold a mobile telephone
2    to conduct a voice communication;
3        (2) dialing or answering a mobile telephone by pressing
4    more than a single button; or
5        (3) reaching for a mobile telephone in a manner that
6    requires a driver to maneuver so that he or she is no
7    longer in a seated driving position, restrained by a seat
8    belt that is installed in accordance with 49 CFR 393.93 and
9    adjusted in accordance with the vehicle manufacturer's
10    instructions.
11(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
1210 of P.A. 99-414 for the effective date of changes made by
13P.A. 98-176); 98-463, eff. 8-16-13; 98-722, eff. 7-16-14;
1499-57, eff. 7-16-15.)
 
15    (625 ILCS 5/6-507.5)
16    Sec. 6-507.5. Application for Commercial Learner's Permit
17(CLP).
18    (a) The application for a CLP must include, but is not
19limited to, the following:
20        (1) the driver applicant's full legal name and current
21    Illinois domiciliary address, unless the driver applicant
22    is from a foreign country and is applying for a
23    non-domiciled CLP in which case the driver applicant shall
24    submit proof of Illinois residency or the driver applicant
25    is from another state and is applying for a non-domiciled

 

 

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1    CLP in which case the driver applicant shall submit proof
2    of domicile in the state which issued the driver
3    applicant's Non-CDL;
4        (2) a physical description of the driver applicant
5    including gender, height, weight, color of eyes, and hair
6    color;
7        (3) date of birth;
8        (4) the driver applicant's social security number;
9        (5) the driver applicant's signature;
10        (6) the names of all states where the driver applicant
11    has previously been licensed to drive any type of motor
12    vehicle during the previous 10 years under 49 C.F.R. Part
13    383;
14        (7) proof of citizenship or lawful permanent residency
15    as set forth in Table 1 of 49 C.F.R. 383.71, unless the
16    driver applicant is from a foreign country and is applying
17    for a non-domiciled CLP, in which case the applicant must
18    provide an unexpired employment authorization document
19    (EAD) issued by USCIS or an unexpired foreign passport
20    accompanied by an approved I-94 form documenting the
21    applicant's most recent admittance into the United States;
22    and
23        (8) any other information required by the Secretary of
24    State.
25    (b) Except as provided in subsection (b-5), no No CLP shall
26be issued to a driver applicant unless the applicant has taken

 

 

SB0822- 33 -LRB100 08807 AXK 18947 b

1and passed a general knowledge test that meets the federal
2standards contained in 49 C.F.R. Part 383, subparts F, G, and H
3for the commercial motor vehicle the applicant expects to
4operate.
5    (b-5) The Secretary of State may waive the general
6knowledge test specified in 49 C.F.R 383.71(a)(2)(ii) for a
7qualifying driver applicant of a commercial learner's permit. A
8qualifying driver applicant shall:
9        (1) be a current resident of this State;
10        (2) be a current or former member of the military
11    services, including a member of any reserve component or
12    National Guard unit;
13        (3) within one year prior to the application, have been
14    regularly employed in a military position that requires the
15    operation of large trucks;
16        (4) have received formal military training in the
17    operation of a vehicle similar to the commercial motor
18    vehicle the applicant expects to operate; and
19        (5) provide the Secretary of State with a general
20    knowledge test waiver form signed by the applicant and his
21    or her commanding officer certifying that the applicant
22    qualifies for the general knowledge test waiver.
23    (c) No CLP shall be issued to a driver applicant unless the
24applicant possesses a valid Illinois driver's license or if the
25applicant is applying for a non-domiciled CLP under subsection
26(b) of Section 6-509 of this Code, in which case the driver

 

 

SB0822- 34 -LRB100 08807 AXK 18947 b

1applicant must possess a valid driver's license from his or her
2state of domicile.
3    (d) No CLP shall be issued to a person under 18 years of
4age.
5    (e) No person shall be issued a CLP unless the person
6certifies to the Secretary one of the following types of
7driving operations in which he or she will be engaged:
8        (1) non-excepted interstate;
9        (2) non-excepted intrastate;
10        (3) excepted interstate; or
11        (4) excepted intrastate.
12    (f) No person shall be issued a CLP unless the person
13certifies to the Secretary that he or she is not subject to any
14disqualification under 49 C.F.R. 383.51, or any license
15disqualification under State law, and that he or she does not
16have a driver's license from more than one state or
17jurisdiction.
18    (g) No CLP shall be issued to a person while the person is
19subject to a disqualification from driving a commercial motor
20vehicle, unless otherwise permitted by this Code, while the
21person's driver's license is suspended, revoked, or cancelled
22in any state, or any territory or province of Canada; nor may a
23CLP be issued to a person who has a CLP or CDL issued by any
24other state or foreign jurisdiction, unless the person
25surrenders all of these licenses. No CLP shall be issued to or
26renewed for a person who does not meet the requirement of 49

 

 

SB0822- 35 -LRB100 08807 AXK 18947 b

1C.F.R. 391.41(b)(11). The requirement may be met with the aid
2of a hearing aid.
3    (h) No CLP with a Passenger, School Bus or Tank Vehicle
4endorsement shall be issued to a person unless the driver
5applicant has taken and passed the knowledge test for each
6endorsement.
7        (1) A CLP holder with a Passenger (P) endorsement is
8    prohibited from operating a CMV carrying passengers, other
9    than federal or State auditors and inspectors, test
10    examiners, or other trainees, and the CDL holder
11    accompanying the CLP holder as prescribed by subsection (a)
12    of Section 6-507 of this Code. The P endorsement must be
13    class specific.
14        (2) A CLP holder with a School Bus (S) endorsement is
15    prohibited from operating a school bus with passengers
16    other than federal or State auditors and inspectors, test
17    examiners, or other trainees, and the CDL holder
18    accompanying the CLP holder as prescribed by subsection (a)
19    of Section 6-507 of this Code.
20        (3) A CLP holder with a Tank Vehicle (N) endorsement
21    may only operate an empty tank vehicle and is prohibited
22    from operating any tank vehicle that previously contained
23    hazardous material that has not been purged of all residue.
24        (4) All other federal endorsements are prohibited on a
25    CLP.
26    (i) No CLP holder may operate a commercial motor vehicle

 

 

SB0822- 36 -LRB100 08807 AXK 18947 b

1transporting hazardous material as defined in paragraph (20) of
2Section 6-500 of this Code.
3    (j) The CLP holder must be accompanied by the holder of a
4valid CDL who has the proper CDL group and endorsement
5necessary to operate the CMV. The CDL holder must at all times
6be physically present in the front seat of the vehicle next to
7the CLP holder or, in the case of a passenger vehicle, directly
8behind or in the first row behind the driver and must have the
9CLP holder under observation and direct supervision.
10    (k) A CLP is valid for 180 days from the date of issuance.
11A CLP may be renewed for an additional 180 days without
12requiring the CLP holder to retake the general and endorsement
13knowledge tests.
14    (l) A CLP issued prior to July 1, 2014 for a limited time
15period according to state requirements, shall be considered a
16valid commercial driver's license for purposes of
17behind-the-wheel training on public roads or highways.
18(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
1910 of P.A. 99-414 for the effective date of changes made by
20P.A. 98-176).)
 
21    (625 ILCS 5/6-508.1)
22    Sec. 6-508.1. Medical examiner's certificate.
23    (a) It shall be unlawful for any person to drive a CMV in
24non-excepted interstate commerce unless the person holds a CLP
25or CDL and is medically certified as physically qualified to do

 

 

SB0822- 37 -LRB100 08807 AXK 18947 b

1so.
2    (b) No person who has certified to non-excepted interstate
3driving as provided in Sections 6-507.5 and 6-508 of this Code
4shall be issued a CLP commercial learner's permit or CDL unless
5that person presents to the Secretary a medical examiner's
6certificate or has a current medical examiner's certificate on
7the CDLIS driver record.
8    (c) (Blank). Persons who hold a commercial driver
9instruction permit or CDL on January 30, 2012 who have
10certified as non-excepted interstate as provided in Section
116-508 of this Code must provide to the Secretary a medical
12examiner's certificate no later than January 30, 2014.
13    (d) On and after January 30, 2014, all persons who hold a
14commercial driver instruction permit or CDL who have certified
15as non-excepted interstate shall maintain a current medical
16examiner's certificate on file with the Secretary. On and after
17July 1, 2014, all persons issued a CLP who have certified as
18non-excepted interstate shall maintain a current medical
19examiner's certificate on file with the Secretary.
20    (e) Before June 22, 2018, Within 10 calendar days of
21receipt of a medical examiner's certificate of a driver who has
22certified as non-excepted interstate, the Secretary shall post
23the following to the CDLIS driver record within 10 calendar
24days of receipt of a medical examiner's certificate of a driver
25who has certified as non-excepted interstate:
26        (1) the medical examiner's name;

 

 

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1        (2) the medical examiner's telephone number;
2        (3) the date of issuance of the medical examiner's
3    certificate;
4        (4) the medical examiner's license number and the state
5    that issued it;
6        (5) the medical certification status;
7        (6) the expiration date of the medical examiner's
8    certificate;
9        (7) the existence of any medical variance on the
10    medical examiner's certificate, including, but not limited
11    to, an exemption, Skills Performance Evaluation
12    certification, issuance and expiration date of the medical
13    variance, or any grandfather provisions;
14        (8) any restrictions noted on the medical examiner's
15    certificate; and
16        (9) the date the medical examiner's certificate
17    information was posted to the CDLIS driver record; and .
18        (10) the medical examiner's National Registry of
19    Certified Medical Examiners identification number.
20    (e-5) Beginning June 22, 2018, the Secretary shall post the
21following to the CDLIS driver record within one business day of
22electronic receipt from the Federal Motor Carrier Safety
23Administration of a driver's identification, examination
24results, restriction information, and medical variance
25information resulting from an examination performed by a
26medical examiner on the National Registry of Certified Medical

 

 

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1Examiners for any driver who has certified as non-excepted
2interstate:
3        (1) the medical examiner's name;
4        (2) the medical examiner's telephone number;
5        (3) the date of issuance of the medical examiner's
6    certificate;
7        (4) the medical examiner's license number and the state
8    that issued it;
9        (5) the medical certification status;
10        (6) the expiration date of the medical examiner's
11    certificate;
12        (7) the existence of any medical variance on the
13    medical examiner's certificate, including, but not limited
14    to, an exemption, Skills Performance Evaluation
15    certification, issue and expiration date of a medical
16    variance, or any grandfather provisions;
17        (8) any restrictions noted on the medical examiner's
18    certificate;
19        (9) the date the medical examiner's certificate
20    information was posted to the CDLIS driver record; and
21        (10) the medical examiner's National Registry of
22    Certified Medical Examiners identification number.
23    (f) Within 10 calendar days of the expiration or rescission
24of the driver's medical examiner's certificate or medical
25variance or both, the Secretary shall update the medical
26certification status to "not certified".

 

 

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1    (g) Within 10 calendar days of receipt of information from
2the Federal Motor Carrier Safety Administration regarding
3issuance or renewal of a medical variance, the Secretary shall
4update the CDLIS driver record to include the medical variance
5information provided by the Federal Motor Carrier Safety
6Administration.
7    (g-5) Beginning June 22, 2018, within one business day of
8electronic receipt of information from the Federal Motor
9Carrier Safety Administration regarding issuance or renewal of
10a medical variance, the Secretary shall update the CDLIS driver
11record to include the medical variance information provided by
12the Federal Motor Carrier Safety Administration.
13    (h) The Secretary shall notify the driver of his or her
14non-certified status and that his or her CDL will be canceled
15unless the driver submits a current medical examiner's
16certificate or medical variance or changes his or her
17self-certification to driving only in excepted or intrastate
18commerce.
19    (i) Within 60 calendar days of a driver's medical
20certification status becoming non-certified, the Secretary
21shall cancel the CDL.
22    (j) As required under the Code of Federal Regulations 49
23CFR 390.39, an operator of a covered farm vehicle, as defined
24under Section 18b-101 of this Code, is exempt from the
25requirements of this Section.
26    (k) For purposes of ensuring a person is medically fit to

 

 

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1drive a commercial motor vehicle, the Secretary may release
2medical information provided by an applicant or a holder of a
3CDL or CLP to the Federal Motor Carrier Safety Administration.
4Medical information includes, but is not limited to, a medical
5examiner's certificate, a medical report that the Secretary
6requires to be submitted, statements regarding medical
7conditions made by an applicant or a holder of a CDL or CLP, or
8statements made by his or her physician.
9(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
1010 of P.A. 99-414 for the effective date of changes made by
11P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff. 7-22-16.)
 
12    (625 ILCS 5/11-1414)  (from Ch. 95 1/2, par. 11-1414)
13    Sec. 11-1414. Approaching, overtaking, and passing school
14bus.
15    (a) The driver of a vehicle shall stop such vehicle before
16meeting or overtaking, from either direction, any school bus
17stopped on a highway, roadway, private road, parking lot,
18school property, or at any other location, including, without
19limitation, a location that is not a highway or roadway for the
20purpose of receiving or discharging pupils. Such stop is
21required before reaching the school bus when there is in
22operation on the school bus the visual signals as specified in
23Sections 12-803 and 12-805 of this Code. The driver of the
24vehicle shall not proceed until the school bus resumes motion
25or the driver of the vehicle is signaled by the school bus

 

 

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1driver to proceed or the visual signals are no longer actuated.
2    (a-5) A person commits aggravated overtaking or passing of
3a school bus when he or she violates subsection (a) of this
4Section and in committing the violation he or she was involved
5in a motor vehicle accident that results in death to another
6and the violation was a proximate cause of the death.
7    (b) The stop signal arm required by Section 12-803 of this
8Code shall be extended after the school bus has come to a
9complete stop for the purpose of loading or discharging pupils
10and shall be closed before the school bus is placed in motion
11again. The stop signal arm shall not be extended at any other
12time.
13    (c) The alternately flashing red signal lamps of an 8-lamp
14flashing signal system required by Section 12-805 of this Code
15shall be actuated after the school bus has come to a complete
16stop for the purpose of loading or discharging pupils and shall
17be turned off before the school bus is placed in motion again.
18The red signal lamps shall not be actuated at any other time
19except as provided in paragraph (d) of this Section.
20    (d) The alternately flashing amber signal lamps of an
218-lamp flashing signal system required by Section 12-805 of
22this Code shall be actuated continuously during not less than
23the last 100 feet traveled by the school bus before stopping
24for the purpose of loading or discharging pupils within an
25urban area and during not less than the last 200 feet traveled
26by the school bus outside an urban area. The amber signal lamps

 

 

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1shall remain actuated until the school bus is stopped. The
2amber signal lamps shall not be actuated at any other time.
3    (d-5) The alternately flashing head lamps permitted by
4Section 12-805 of this Code may be operated while the
5alternately flashing red or amber signal lamps required by that
6Section are actuated.
7    (e) The driver of a vehicle upon a highway having 4 or more
8lanes which permits at least 2 lanes of traffic to travel in
9opposite directions need not stop such vehicle upon meeting a
10school bus which is stopped in the opposing roadway; and need
11not stop such vehicle when driving upon a controlled access
12highway when passing a school bus traveling in either direction
13that is stopped in a loading zone adjacent to the surfaced or
14improved part of the controlled access highway where
15pedestrians are not permitted to cross.
16    (f) Beginning with the effective date of this amendatory
17Act of 1985, the Secretary of State shall suspend for a period
18of 3 months the driving privileges of any person convicted of a
19violation of subsection (a) of this Section or a similar
20provision of a local ordinance; the Secretary shall suspend for
21a period of one year the driving privileges of any person
22convicted of a second or subsequent violation of subsection (a)
23of this Section or a similar provision of a local ordinance if
24the second or subsequent violation occurs within 5 years of a
25prior conviction for the same offense. In addition to the
26suspensions authorized by this Section, any person convicted of

 

 

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1violating this Section or a similar provision of a local
2ordinance shall be subject to a mandatory fine of $150 or, upon
3a second or subsequent violation, $500. The Secretary may also
4grant, for the duration of any suspension issued under this
5subsection, a restricted driving permit granting the privilege
6of driving a motor vehicle between the driver's residence and
7place of employment or within other proper limits that the
8Secretary of State shall find necessary to avoid any undue
9hardship. A restricted driving permit issued hereunder shall be
10subject to cancellation, revocation and suspension by the
11Secretary of State in like manner and for like cause as a
12driver's license may be cancelled, revoked or suspended; except
13that a conviction upon one or more offenses against laws or
14ordinances regulating the movement of traffic shall be deemed
15sufficient cause for the revocation, suspension or
16cancellation of the restricted driving permit. The Secretary of
17State may, as a condition to the issuance of a restricted
18driving permit, require the applicant to participate in a
19designated driver remedial or rehabilitative program. Any
20conviction for a violation of this subsection shall be included
21as an offense for the purposes of determining suspension action
22under any other provision of this Code, provided however, that
23the penalties provided under this subsection shall be imposed
24unless those penalties imposed under other applicable
25provisions are greater.
26    The owner of any vehicle alleged to have violated paragraph

 

 

SB0822- 45 -LRB100 08807 AXK 18947 b

1(a) of this Section shall, upon appropriate demand by the
2State's Attorney or other designated person acting in response
3to a signed complaint, provide a written statement or
4deposition identifying the operator of the vehicle if such
5operator was not the owner at the time of the alleged
6violation. Failure to supply such information shall result in
7the suspension of the vehicle registration of the vehicle for a
8period of 3 months. In the event the owner has assigned control
9for the use of the vehicle to another, the person to whom
10control was assigned shall comply with the provisions of this
11paragraph and be subject to the same penalties as herein
12provided.
13(Source: P.A. 99-740, eff. 1-1-17.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.