Sen. Napoleon Harris, III

Filed: 2/28/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 822

2    AMENDMENT NO. ______. Amend Senate Bill 822 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-205, 6-500, 6-507.5, and 6-508.1 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

 

 

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1    similar provision of a local ordinance relating to the
2    offense of operating or being in physical control of a
3    vehicle while under the influence of alcohol, other drug or
4    drugs, intoxicating compound or compounds, or any
5    combination thereof;
6        3. Any felony under the laws of any State or the
7    federal government in the commission of which a motor
8    vehicle was used;
9        4. Violation of Section 11-401 of this Code relating to
10    the offense of leaving the scene of a traffic accident
11    involving death or personal injury;
12        5. Perjury or the making of a false affidavit or
13    statement under oath to the Secretary of State under this
14    Code or under any other law relating to the ownership or
15    operation of motor vehicles;
16        6. Conviction upon 3 charges of violation of Section
17    11-503 of this Code relating to the offense of reckless
18    driving committed within a period of 12 months;
19        7. Conviction of any offense defined in Section 4-102
20    of this Code;
21        8. Violation of Section 11-504 of this Code relating to
22    the offense of drag racing;
23        9. Violation of Chapters 8 and 9 of this Code;
24        10. Violation of Section 12-5 of the Criminal Code of
25    1961 or the Criminal Code of 2012 arising from the use of a
26    motor vehicle;

 

 

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1        11. Violation of Section 11-204.1 of this Code relating
2    to aggravated fleeing or attempting to elude a peace
3    officer;
4        12. Violation of paragraph (1) of subsection (b) of
5    Section 6-507, or a similar law of any other state,
6    relating to the unlawful operation of a commercial motor
7    vehicle;
8        13. Violation of paragraph (a) of Section 11-502 of
9    this Code or a similar provision of a local ordinance if
10    the driver has been previously convicted of a violation of
11    that Section or a similar provision of a local ordinance
12    and the driver was less than 21 years of age at the time of
13    the offense;
14        14. Violation of paragraph (a) of Section 11-506 of
15    this Code or a similar provision of a local ordinance
16    relating to the offense of street racing;
17        15. A second or subsequent conviction of driving while
18    the person's driver's license, permit or privileges was
19    revoked for reckless homicide or a similar out-of-state
20    offense;
21        16. Any offense against any provision in this Code, or
22    any local ordinance, regulating the movement of traffic
23    when that offense was the proximate cause of the death of
24    any person. Any person whose driving privileges have been
25    revoked pursuant to this paragraph may seek to have the
26    revocation terminated or to have the length of revocation

 

 

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1    reduced by requesting an administrative hearing with the
2    Secretary of State prior to the projected driver's license
3    application eligibility date;
4        17. Violation of subsection (a-2) of Section 11-1301.3
5    of this Code or a similar provision of a local ordinance;
6        18. A second or subsequent conviction of illegal
7    possession, while operating or in actual physical control,
8    as a driver, of a motor vehicle, of any controlled
9    substance prohibited under the Illinois Controlled
10    Substances Act, any cannabis prohibited under the Cannabis
11    Control Act, or any methamphetamine prohibited under the
12    Methamphetamine Control and Community Protection Act. A
13    defendant found guilty of this offense while operating a
14    motor vehicle shall have an entry made in the court record
15    by the presiding judge that this offense did occur while
16    the defendant was operating a motor vehicle and order the
17    clerk of the court to report the violation to the Secretary
18    of State; .
19        19. Violation of subsection (a-5) of Section 11-1414 of
20    this Code, or a similar provision of a local ordinance,
21    relating to the offense of overtaking or passing of a
22    school bus when the driver, in committing the violation, is
23    involved in a motor vehicle accident that results in death
24    to another and the violation is a proximate cause of the
25    death.
26    (b) The Secretary of State shall also immediately revoke

 

 

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1the license or permit of any driver in the following
2situations:
3        1. Of any minor upon receiving the notice provided for
4    in Section 5-901 of the Juvenile Court Act of 1987 that the
5    minor has been adjudicated under that Act as having
6    committed an offense relating to motor vehicles prescribed
7    in Section 4-103 of this Code;
8        2. Of any person when any other law of this State
9    requires either the revocation or suspension of a license
10    or permit;
11        3. Of any person adjudicated under the Juvenile Court
12    Act of 1987 based on an offense determined to have been
13    committed in furtherance of the criminal activities of an
14    organized gang as provided in Section 5-710 of that Act,
15    and that involved the operation or use of a motor vehicle
16    or the use of a driver's license or permit. The revocation
17    shall remain in effect for the period determined by the
18    court.
19    (c)(1) Whenever a person is convicted of any of the
20offenses enumerated in this Section, the court may recommend
21and the Secretary of State in his discretion, without regard to
22whether the recommendation is made by the court may, upon
23application, issue to the person a restricted driving permit
24granting the privilege of driving a motor vehicle between the
25petitioner's residence and petitioner's place of employment or
26within the scope of the petitioner's employment related duties,

 

 

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1or to allow the petitioner to transport himself or herself or a
2family member of the petitioner's household to a medical
3facility for the receipt of necessary medical care or to allow
4the petitioner to transport himself or herself to and from
5alcohol or drug remedial or rehabilitative activity
6recommended by a licensed service provider, or to allow the
7petitioner to transport himself or herself or a family member
8of the petitioner's household to classes, as a student, at an
9accredited educational institution, or to allow the petitioner
10to transport children, elderly persons, or persons with
11disabilities who do not hold driving privileges and are living
12in the petitioner's household to and from daycare; if the
13petitioner is able to demonstrate that no alternative means of
14transportation is reasonably available and that the petitioner
15will not endanger the public safety or welfare; provided that
16the Secretary's discretion shall be limited to cases where
17undue hardship, as defined by the rules of the Secretary of
18State, would result from a failure to issue the restricted
19driving permit.
20        (1.5) A person subject to the provisions of paragraph 4
21    of subsection (b) of Section 6-208 of this Code may make
22    application for a restricted driving permit at a hearing
23    conducted under Section 2-118 of this Code after the
24    expiration of 5 years from the effective date of the most
25    recent revocation, or after 5 years from the date of
26    release from a period of imprisonment resulting from a

 

 

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1    conviction of the most recent offense, whichever is later,
2    provided the person, in addition to all other requirements
3    of the Secretary, shows by clear and convincing evidence:
4            (A) a minimum of 3 years of uninterrupted
5        abstinence from alcohol and the unlawful use or
6        consumption of cannabis under the Cannabis Control
7        Act, a controlled substance under the Illinois
8        Controlled Substances Act, an intoxicating compound
9        under the Use of Intoxicating Compounds Act, or
10        methamphetamine under the Methamphetamine Control and
11        Community Protection Act; and
12            (B) the successful completion of any
13        rehabilitative treatment and involvement in any
14        ongoing rehabilitative activity that may be
15        recommended by a properly licensed service provider
16        according to an assessment of the person's alcohol or
17        drug use under Section 11-501.01 of this Code.
18        In determining whether an applicant is eligible for a
19    restricted driving permit under this paragraph (1.5), the
20    Secretary may consider any relevant evidence, including,
21    but not limited to, testimony, affidavits, records, and the
22    results of regular alcohol or drug tests. Persons subject
23    to the provisions of paragraph 4 of subsection (b) of
24    Section 6-208 of this Code and who have been convicted of
25    more than one violation of paragraph (3), paragraph (4), or
26    paragraph (5) of subsection (a) of Section 11-501 of this

 

 

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1    Code shall not be eligible to apply for a restricted
2    driving permit.
3        A restricted driving permit issued under this
4    paragraph (1.5) shall provide that the holder may only
5    operate motor vehicles equipped with an ignition interlock
6    device as required under paragraph (2) of subsection (c) of
7    this Section and subparagraph (A) of paragraph 3 of
8    subsection (c) of Section 6-206 of this Code. The Secretary
9    may revoke a restricted driving permit or amend the
10    conditions of a restricted driving permit issued under this
11    paragraph (1.5) if the holder operates a vehicle that is
12    not equipped with an ignition interlock device, or for any
13    other reason authorized under this Code.
14        A restricted driving permit issued under this
15    paragraph (1.5) shall be revoked, and the holder barred
16    from applying for or being issued a restricted driving
17    permit in the future, if the holder is subsequently
18    convicted of a violation of Section 11-501 of this Code, a
19    similar provision of a local ordinance, or a similar
20    offense in another state.
21        (2) If a person's license or permit is revoked or
22    suspended due to 2 or more convictions of violating Section
23    11-501 of this Code or a similar provision of a local
24    ordinance or a similar out-of-state offense, or Section 9-3
25    of the Criminal Code of 1961 or the Criminal Code of 2012,
26    where the use of alcohol or other drugs is recited as an

 

 

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

 

 

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1        use of alcohol or other drugs was recited as an element
2        of the offense, or a similar provision of a law of
3        another state;
4    that person, if issued a restricted driving permit, may not
5    operate a vehicle unless it has been equipped with an
6    ignition interlock device as defined in Section 1-129.1.
7        (4) The person issued a permit conditioned on the use
8    of an ignition interlock device must pay to the Secretary
9    of State DUI Administration Fund an amount not to exceed
10    $30 per month. The Secretary shall establish by rule the
11    amount and the procedures, terms, and conditions relating
12    to these fees.
13        (5) If the restricted driving permit is issued for
14    employment purposes, then the prohibition against
15    operating a motor vehicle that is not equipped with an
16    ignition interlock device does not apply to the operation
17    of an occupational vehicle owned or leased by that person's
18    employer when used solely for employment purposes. For any
19    person who, within a 5-year period, is convicted of a
20    second or subsequent offense under Section 11-501 of this
21    Code, or a similar provision of a local ordinance or
22    similar out-of-state offense, this employment exemption
23    does not apply until either a one-year period has elapsed
24    during which that person had his or her driving privileges
25    revoked or a one-year period has elapsed during which that
26    person had a restricted driving permit which required the

 

 

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1    use of an ignition interlock device on every motor vehicle
2    owned or operated by that person.
3        (6) In each case the Secretary of State may issue a
4    restricted driving permit for a period he deems
5    appropriate, except that the permit shall expire within one
6    year from the date of issuance. A restricted driving permit
7    issued under this Section shall be subject to cancellation,
8    revocation, and suspension by the Secretary of State in
9    like manner and for like cause as a driver's license issued
10    under this Code may be cancelled, revoked, or suspended;
11    except that a conviction upon one or more offenses against
12    laws or ordinances regulating the movement of traffic shall
13    be deemed sufficient cause for the revocation, suspension,
14    or cancellation of a restricted driving permit. The
15    Secretary of State may, as a condition to the issuance of a
16    restricted driving permit, require the petitioner to
17    participate in a designated driver remedial or
18    rehabilitative program. The Secretary of State is
19    authorized to cancel a restricted driving permit if the
20    permit holder does not successfully complete the program.
21    However, if an individual's driving privileges have been
22    revoked in accordance with paragraph 13 of subsection (a)
23    of this Section, no restricted driving permit shall be
24    issued until the individual has served 6 months of the
25    revocation period.
26    (c-5) (Blank).

 

 

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1    (c-6) If a person is convicted of a second violation of
2operating a motor vehicle while the person's driver's license,
3permit or privilege was revoked, where the revocation was for a
4violation of Section 9-3 of the Criminal Code of 1961 or the
5Criminal Code of 2012 relating to the offense of reckless
6homicide or a similar out-of-state offense, the person's
7driving privileges shall be revoked pursuant to subdivision
8(a)(15) of this Section. The person may not make application
9for a license or permit until the expiration of five years from
10the effective date of the revocation or the expiration of five
11years from the date of release from a term of imprisonment,
12whichever is later.
13    (c-7) If a person is convicted of a third or subsequent
14violation of operating a motor vehicle while the person's
15driver's license, permit or privilege was revoked, where the
16revocation was for a violation of Section 9-3 of the Criminal
17Code of 1961 or the Criminal Code of 2012 relating to the
18offense of reckless homicide or a similar out-of-state offense,
19the person may never apply for a license or permit.
20    (d)(1) Whenever a person under the age of 21 is convicted
21under Section 11-501 of this Code or a similar provision of a
22local ordinance or a similar out-of-state offense, the
23Secretary of State shall revoke the driving privileges of that
24person. One year after the date of revocation, and upon
25application, the Secretary of State may, if satisfied that the
26person applying will not endanger the public safety or welfare,

 

 

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1issue a restricted driving permit granting the privilege of
2driving a motor vehicle only between the hours of 5 a.m. and 9
3p.m. or as otherwise provided by this Section for a period of
4one year. After this one-year period, and upon reapplication
5for a license as provided in Section 6-106, upon payment of the
6appropriate reinstatement fee provided under paragraph (b) of
7Section 6-118, the Secretary of State, in his discretion, may
8reinstate the petitioner's driver's license and driving
9privileges, or extend the restricted driving permit as many
10times as the Secretary of State deems appropriate, by
11additional periods of not more than 12 months each.
12        (2) If a person's license or permit is revoked or
13    suspended due to 2 or more convictions of violating Section
14    11-501 of this Code or a similar provision of a local
15    ordinance or a similar out-of-state offense, or Section 9-3
16    of the Criminal Code of 1961 or the Criminal Code of 2012,
17    where the use of alcohol or other drugs is recited as an
18    element of the offense, or a similar out-of-state offense,
19    or a combination of these offenses, arising out of separate
20    occurrences, that person, if issued a restricted driving
21    permit, may not operate a vehicle unless it has been
22    equipped with an ignition interlock device as defined in
23    Section 1-129.1.
24        (3) If a person's license or permit is revoked or
25    suspended 2 or more times due to any combination of:
26            (A) a single conviction of violating Section

 

 

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1        11-501 of this Code or a similar provision of a local
2        ordinance or a similar out-of-state offense, or
3        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 offense, or
6        a similar out-of-state offense; or
7            (B) a statutory summary suspension or revocation
8        under Section 11-501.1; or
9            (C) a suspension pursuant to Section 6-203.1;
10    arising out of separate occurrences, that person, if issued
11    a restricted driving permit, may not operate a vehicle
12    unless it has been equipped with an ignition interlock
13    device as defined in Section 1-129.1.
14        (3.5) If a person's license or permit is revoked or
15    suspended due to a conviction for a violation of
16    subparagraph (C) or (F) of paragraph (1) of subsection (d)
17    of Section 11-501 of this Code, or a similar provision of a
18    local ordinance or similar out-of-state offense, that
19    person, if issued a restricted driving permit, may not
20    operate a vehicle unless it has been equipped with an
21    ignition interlock device as defined in Section 1-129.1.
22        (4) The person issued a permit conditioned upon the use
23    of an interlock device must pay to the Secretary of State
24    DUI Administration Fund an amount not to exceed $30 per
25    month. The Secretary shall establish by rule the amount and
26    the procedures, terms, and conditions relating to these

 

 

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

 

 

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1    (d-5) The revocation of the license, permit, or driving
2privileges of a person convicted of a third or subsequent
3violation of Section 6-303 of this Code committed while his or
4her driver's license, permit, or privilege was revoked because
5of a violation of Section 9-3 of the Criminal Code of 1961 or
6the Criminal Code of 2012, relating to the offense of reckless
7homicide, or a similar provision of a law of another state, is
8permanent. The Secretary may not, at any time, issue a license
9or permit to that person.
10    (e) This Section is subject to the provisions of the Driver
11License Compact.
12    (f) Any revocation imposed upon any person under
13subsections 2 and 3 of paragraph (b) that is in effect on
14December 31, 1988 shall be converted to a suspension for a like
15period of time.
16    (g) The Secretary of State shall not issue a restricted
17driving permit to a person under the age of 16 years whose
18driving privileges have been revoked under any provisions of
19this Code.
20    (h) The Secretary of State shall require the use of
21ignition interlock devices for a period not less than 5 years
22on all vehicles owned by a person who has been convicted of a
23second or subsequent offense under Section 11-501 of this Code
24or a similar provision of a local ordinance. The person must
25pay to the Secretary of State DUI Administration Fund an amount
26not to exceed $30 for each month that he or she uses the

 

 

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1device. The Secretary shall establish by rule and regulation
2the procedures for certification and use of the interlock
3system, the amount of the fee, and the procedures, terms, and
4conditions relating to these fees. During the time period in
5which a person is required to install an ignition interlock
6device under this subsection (h), that person shall only
7operate vehicles in which ignition interlock devices have been
8installed, except as allowed by subdivision (c)(5) or (d)(5) of
9this Section.
10    (i) (Blank).
11    (j) In accordance with 49 C.F.R. 384, the Secretary of
12State may not issue a restricted driving permit for the
13operation of a commercial motor vehicle to a person holding a
14CDL whose driving privileges have been revoked, suspended,
15cancelled, or disqualified under any provisions of this Code.
16    (k) The Secretary of State shall notify by mail any person
17whose driving privileges have been revoked under paragraph 16
18of subsection (a) of this Section that his or her driving
19privileges and driver's license will be revoked 90 days from
20the date of the mailing of the notice.
21(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
2299-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
2399-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff.
247-28-16.)
 
25    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)

 

 

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1    Sec. 6-500. Definitions of words and phrases.
2Notwithstanding the definitions set forth elsewhere in this
3Code, for purposes of the Uniform Commercial Driver's License
4Act (UCDLA), the words and phrases listed below have the
5meanings ascribed to them as follows:
6    (1) Alcohol. "Alcohol" means any substance containing any
7form of alcohol, including but not limited to ethanol,
8methanol, propanol, and isopropanol.
9    (2) Alcohol concentration. "Alcohol concentration" means:
10        (A) the number of grams of alcohol per 210 liters of
11    breath; or
12        (B) the number of grams of alcohol per 100 milliliters
13    of blood; or
14        (C) the number of grams of alcohol per 67 milliliters
15    of urine.
16    Alcohol tests administered within 2 hours of the driver
17being "stopped or detained" shall be considered that driver's
18"alcohol concentration" for the purposes of enforcing this
19UCDLA.
20    (3) (Blank).
21    (4) (Blank).
22    (5) (Blank).
23    (5.3) CDLIS driver record. "CDLIS driver record" means the
24electronic record of the individual CDL driver's status and
25history stored by the State-of-Record as part of the Commercial
26Driver's License Information System, or CDLIS, established

 

 

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1under 49 U.S.C. 31309.
2    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
3record" or "CDLIS MVR" means a report generated from the CDLIS
4driver record meeting the requirements for access to CDLIS
5information and provided by states to users authorized in 49
6C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
7Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
8    (5.7) Commercial driver's license downgrade. "Commercial
9driver's license downgrade" or "CDL downgrade" means either:
10        (A) a state allows the driver to change his or her
11    self-certification to interstate, but operating
12    exclusively in transportation or operation excepted from
13    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
14    391.2, 391.68, or 398.3;
15        (B) a state allows the driver to change his or her
16    self-certification to intrastate only, if the driver
17    qualifies under that state's physical qualification
18    requirements for intrastate only;
19        (C) a state allows the driver to change his or her
20    certification to intrastate, but operating exclusively in
21    transportation or operations excepted from all or part of
22    the state driver qualification requirements; or
23        (D) a state removes the CDL privilege from the driver
24    license.
25    (6) Commercial Motor Vehicle.
26        (A) "Commercial motor vehicle" or "CMV" means a motor

 

 

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1    vehicle or combination of motor vehicles used in commerce,
2    except those referred to in subdivision (B), designed to
3    transport passengers or property if the motor vehicle:
4            (i) has a gross combination weight rating or gross
5        combination weight of 11,794 kilograms or more (26,001
6        pounds or more), whichever is greater, inclusive of any
7        towed unit with a gross vehicle weight rating or gross
8        vehicle weight of more than 4,536 kilograms (10,000
9        pounds), whichever is greater; or
10            (i-5) has a gross vehicle weight rating or gross
11        vehicle weight of 11,794 or more kilograms (26,001
12        pounds or more), whichever is greater; or
13            (ii) is designed to transport 16 or more persons,
14        including the driver; or
15            (iii) is of any size and is used in transporting
16        hazardous materials as defined in 49 C.F.R. 383.5.
17        (B) Pursuant to the interpretation of the Commercial
18    Motor Vehicle Safety Act of 1986 by the Federal Highway
19    Administration, the definition of "commercial motor
20    vehicle" does not include:
21            (i) recreational vehicles, when operated primarily
22        for personal use;
23            (ii) vehicles owned by or operated under the
24        direction of the United States Department of Defense or
25        the United States Coast Guard only when operated by
26        non-civilian personnel. This includes any operator on

 

 

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1        active military duty; members of the Reserves;
2        National Guard; personnel on part-time training; and
3        National Guard military technicians (civilians who are
4        required to wear military uniforms and are subject to
5        the Code of Military Justice); or
6            (iii) firefighting, police, and other emergency
7        equipment (including, without limitation, equipment
8        owned or operated by a HazMat or technical rescue team
9        authorized by a county board under Section 5-1127 of
10        the Counties Code), with audible and visual signals,
11        owned or operated by or for a governmental entity,
12        which is necessary to the preservation of life or
13        property or the execution of emergency governmental
14        functions which are normally not subject to general
15        traffic rules and regulations.
16    (7) Controlled Substance. "Controlled substance" shall
17have the same meaning as defined in Section 102 of the Illinois
18Controlled Substances Act, and shall also include cannabis as
19defined in Section 3 of the Cannabis Control Act and
20methamphetamine as defined in Section 10 of the Methamphetamine
21Control and Community Protection Act.
22    (8) Conviction. "Conviction" means an unvacated
23adjudication of guilt or a determination that a person has
24violated or failed to comply with the law in a court of
25original jurisdiction or by an authorized administrative
26tribunal; an unvacated forfeiture of bail or collateral

 

 

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1deposited to secure the person's appearance in court; a plea of
2guilty or nolo contendere accepted by the court; the payment of
3a fine or court cost regardless of whether the imposition of
4sentence is deferred and ultimately a judgment dismissing the
5underlying charge is entered; or a violation of a condition of
6release without bail, regardless of whether or not the penalty
7is rebated, suspended or probated.
8    (8.5) Day. "Day" means calendar day.
9    (9) (Blank).
10    (10) (Blank).
11    (11) (Blank).
12    (12) (Blank).
13    (13) Driver. "Driver" means any person who drives,
14operates, or is in physical control of a commercial motor
15vehicle, any person who is required to hold a CDL, or any
16person who is a holder of a CDL while operating a
17non-commercial motor vehicle.
18    (13.5) Driver applicant. "Driver applicant" means an
19individual who applies to a state or other jurisdiction to
20obtain, transfer, upgrade, or renew a CDL or to obtain or renew
21a CLP.
22    (13.8) Electronic device. "Electronic device" includes,
23but is not limited to, a cellular telephone, personal digital
24assistant, pager, computer, or any other device used to input,
25write, send, receive, or read text.
26    (14) Employee. "Employee" means a person who is employed as

 

 

10000SB0822sam001- 23 -LRB100 08807 AXK 22330 a

1a commercial motor vehicle driver. A person who is
2self-employed as a commercial motor vehicle driver must comply
3with the requirements of this UCDLA pertaining to employees. An
4owner-operator on a long-term lease shall be considered an
5employee.
6    (15) Employer. "Employer" means a person (including the
7United States, a State or a local authority) who owns or leases
8a commercial motor vehicle or assigns employees to operate such
9a vehicle. A person who is self-employed as a commercial motor
10vehicle driver must comply with the requirements of this UCDLA.
11    (15.1) Endorsement. "Endorsement" means an authorization
12to an individual's CLP or CDL required to permit the individual
13to operate certain types of commercial motor vehicles.
14    (15.3) Excepted interstate. "Excepted interstate" means a
15person who operates or expects to operate in interstate
16commerce, but engages exclusively in transportation or
17operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
18398.3 from all or part of the qualification requirements of 49
19C.F.R. Part 391 and is not required to obtain a medical
20examiner's certificate by 49 C.F.R. 391.45.
21    (15.5) Excepted intrastate. "Excepted intrastate" means a
22person who operates in intrastate commerce but engages
23exclusively in transportation or operations excepted from all
24or parts of the state driver qualification requirements.
25    (16) (Blank).
26    (16.5) Fatality. "Fatality" means the death of a person as

 

 

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1a result of a motor vehicle accident.
2    (16.7) Foreign commercial driver. "Foreign commercial
3driver" means a person licensed to operate a commercial motor
4vehicle by an authority outside the United States, or a citizen
5of a foreign country who operates a commercial motor vehicle in
6the United States.
7    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
8sovereign jurisdiction that does not fall within the definition
9of "State".
10    (18) (Blank).
11    (19) (Blank).
12    (20) Hazardous materials. "Hazardous Material" means any
13material that has been designated under 49 U.S.C. 5103 and is
14required to be placarded under subpart F of 49 C.F.R. part 172
15or any quantity of a material listed as a select agent or toxin
16in 42 C.F.R. part 73.
17    (20.5) Imminent Hazard. "Imminent hazard" means the
18existence of any condition of a vehicle, employee, or
19commercial motor vehicle operations that substantially
20increases the likelihood of serious injury or death if not
21discontinued immediately; or a condition relating to hazardous
22material that presents a substantial likelihood that death,
23serious illness, severe personal injury, or a substantial
24endangerment to health, property, or the environment may occur
25before the reasonably foreseeable completion date of a formal
26proceeding begun to lessen the risk of that death, illness,

 

 

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1injury or endangerment.
2    (20.6) Issuance. "Issuance" means initial issuance,
3transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
4CLP or CDL.
5    (20.7) Issue. "Issue" means initial issuance, transfer,
6renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
7non-domiciled CDL.
8    (21) Long-term lease. "Long-term lease" means a lease of a
9commercial motor vehicle by the owner-lessor to a lessee, for a
10period of more than 29 days.
11    (21.01) Manual transmission. "Manual transmission" means a
12transmission utilizing a driver-operated clutch that is
13activated by a pedal or lever and a gear-shift mechanism
14operated either by hand or foot including those known as a
15stick shift, stick, straight drive, or standard transmission.
16All other transmissions, whether semi-automatic or automatic,
17shall be considered automatic for the purposes of the
18standardized restriction code.
19    (21.1) Medical examiner. "Medical examiner" means an
20individual certified by the Federal Motor Carrier Safety
21Administration and listed on the National Registry of Certified
22Medical Examiners in accordance with Federal Motor Carrier
23Safety Regulations, 49 CFR 390.101 et seq.
24    (21.2) Medical examiner's certificate. "Medical examiner's
25certificate" means either (1) prior to June 22, 2018, a
26document prescribed or approved by the Secretary of State that

 

 

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1is issued by a medical examiner to a driver to medically
2qualify him or her to drive; or (2) beginning June 22, 2018, an
3electronic submission of results of an examination conducted by
4a medical examiner listed on the National Registry of Certified
5Medical Examiners to the Federal Motor Carrier Safety
6Administration of a driver to medically qualify him or her to
7drive.
8    (21.5) Medical variance. "Medical variance" means a driver
9has received one of the following from the Federal Motor
10Carrier Safety Administration which allows the driver to be
11issued a medical certificate: (1) an exemption letter
12permitting operation of a commercial motor vehicle pursuant to
1349 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
14skill performance evaluation (SPE) certificate permitting
15operation of a commercial motor vehicle pursuant to 49 C.F.R.
16391.49.
17    (21.7) Mobile telephone. "Mobile telephone" means a mobile
18communication device that falls under or uses any commercial
19mobile radio service, as defined in regulations of the Federal
20Communications Commission, 47 CFR 20.3. It does not include
21two-way or citizens band radio services.
22    (22) Motor Vehicle. "Motor vehicle" means every vehicle
23which is self-propelled, and every vehicle which is propelled
24by electric power obtained from over head trolley wires but not
25operated upon rails, except vehicles moved solely by human
26power and motorized wheel chairs.

 

 

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1    (22.2) Motor vehicle record. "Motor vehicle record" means a
2report of the driving status and history of a driver generated
3from the driver record provided to users, such as drivers or
4employers, and is subject to the provisions of the Driver
5Privacy Protection Act, 18 U.S.C. 2721-2725.
6    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
7combination of motor vehicles not defined by the term
8"commercial motor vehicle" or "CMV" in this Section.
9    (22.7) Non-excepted interstate. "Non-excepted interstate"
10means a person who operates or expects to operate in interstate
11commerce, is subject to and meets the qualification
12requirements under 49 C.F.R. Part 391, and is required to
13obtain a medical examiner's certificate by 49 C.F.R. 391.45.
14    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
15means a person who operates only in intrastate commerce and is
16subject to State driver qualification requirements.
17    (23) Non-domiciled CLP or Non-domiciled CDL.
18"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
19respectively, issued by a state or other jurisdiction under
20either of the following two conditions:
21        (i) to an individual domiciled in a foreign country
22    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
23    of the Federal Motor Carrier Safety Administration.
24        (ii) to an individual domiciled in another state
25    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
26    of the Federal Motor Carrier Safety Administration.

 

 

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1    (24) (Blank).
2    (25) (Blank).
3    (25.5) Railroad-Highway Grade Crossing Violation.
4"Railroad-highway grade crossing violation" means a violation,
5while operating a commercial motor vehicle, of any of the
6following:
7        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
8        (B) Any other similar law or local ordinance of any
9    state relating to railroad-highway grade crossing.
10    (25.7) School Bus. "School bus" means a commercial motor
11vehicle used to transport pre-primary, primary, or secondary
12school students from home to school, from school to home, or to
13and from school-sponsored events. "School bus" does not include
14a bus used as a common carrier.
15    (26) Serious Traffic Violation. "Serious traffic
16violation" means:
17        (A) a conviction when operating a commercial motor
18    vehicle, or when operating a non-CMV while holding a CLP or
19    CDL, of:
20            (i) a violation relating to excessive speeding,
21        involving a single speeding charge of 15 miles per hour
22        or more above the legal speed limit; or
23            (ii) a violation relating to reckless driving; or
24            (iii) a violation of any State law or local
25        ordinance relating to motor vehicle traffic control
26        (other than parking violations) arising in connection

 

 

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1        with a fatal traffic accident; or
2            (iv) a violation of Section 6-501, relating to
3        having multiple driver's licenses; or
4            (v) a violation of paragraph (a) of Section 6-507,
5        relating to the requirement to have a valid CLP or CDL;
6        or
7            (vi) a violation relating to improper or erratic
8        traffic lane changes; or
9            (vii) a violation relating to following another
10        vehicle too closely; or
11            (viii) a violation relating to texting while
12        driving; or
13            (ix) a violation relating to the use of a hand-held
14        mobile telephone while driving; or
15        (B) any other similar violation of a law or local
16    ordinance of any state relating to motor vehicle traffic
17    control, other than a parking violation, which the
18    Secretary of State determines by administrative rule to be
19    serious.
20    (27) State. "State" means a state of the United States, the
21District of Columbia and any province or territory of Canada.
22    (28) (Blank).
23    (29) (Blank).
24    (30) (Blank).
25    (31) (Blank).
26    (32) Texting. "Texting" means manually entering

 

 

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1alphanumeric text into, or reading text from, an electronic
2device.
3        (1) Texting includes, but is not limited to, short
4    message service, emailing, instant messaging, a command or
5    request to access a World Wide Web page, pressing more than
6    a single button to initiate or terminate a voice
7    communication using a mobile telephone, or engaging in any
8    other form of electronic text retrieval or entry for
9    present or future communication.
10        (2) Texting does not include:
11            (i) inputting, selecting, or reading information
12        on a global positioning system or navigation system; or
13            (ii) pressing a single button to initiate or
14        terminate a voice communication using a mobile
15        telephone; or
16            (iii) using a device capable of performing
17        multiple functions (for example, a fleet management
18        system, dispatching device, smart phone, citizens band
19        radio, or music player) for a purpose that is not
20        otherwise prohibited by Part 392 of the Federal Motor
21        Carrier Safety Regulations.
22    (32.3) Third party skills test examiner. "Third party
23skills test examiner" means a person employed by a third party
24tester who is authorized by the State to administer the CDL
25skills tests specified in 49 C.F.R. Part 383, subparts G and H.
26    (32.5) Third party tester. "Third party tester" means a

 

 

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1person (including, but not limited to, another state, a motor
2carrier, a private driver training facility or other private
3institution, or a department, agency, or instrumentality of a
4local government) authorized by the State to employ skills test
5examiners to administer the CDL skills tests specified in 49
6C.F.R. Part 383, subparts G and H.
7    (32.7) United States. "United States" means the 50 states
8and the District of Columbia.
9    (33) Use a hand-held mobile telephone. "Use a hand-held
10mobile telephone" means:
11        (1) using at least one hand to hold a mobile telephone
12    to conduct a voice communication;
13        (2) dialing or answering a mobile telephone by pressing
14    more than a single button; or
15        (3) reaching for a mobile telephone in a manner that
16    requires a driver to maneuver so that he or she is no
17    longer in a seated driving position, restrained by a seat
18    belt that is installed in accordance with 49 CFR 393.93 and
19    adjusted in accordance with the vehicle manufacturer's
20    instructions.
21(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
2210 of P.A. 99-414 for the effective date of changes made by
23P.A. 98-176); 98-463, eff. 8-16-13; 98-722, eff. 7-16-14;
2499-57, eff. 7-16-15.)
 
25    (625 ILCS 5/6-507.5)

 

 

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1    Sec. 6-507.5. Application for Commercial Learner's Permit
2(CLP).
3    (a) The application for a CLP must include, but is not
4limited to, the following:
5        (1) the driver applicant's full legal name and current
6    Illinois domiciliary address, unless the driver applicant
7    is from a foreign country and is applying for a
8    non-domiciled CLP in which case the driver applicant shall
9    submit proof of Illinois residency or the driver applicant
10    is from another state and is applying for a non-domiciled
11    CLP in which case the driver applicant shall submit proof
12    of domicile in the state which issued the driver
13    applicant's Non-CDL;
14        (2) a physical description of the driver applicant
15    including gender, height, weight, color of eyes, and hair
16    color;
17        (3) date of birth;
18        (4) the driver applicant's social security number;
19        (5) the driver applicant's signature;
20        (6) the names of all states where the driver applicant
21    has previously been licensed to drive any type of motor
22    vehicle during the previous 10 years under 49 C.F.R. Part
23    383;
24        (7) proof of citizenship or lawful permanent residency
25    as set forth in Table 1 of 49 C.F.R. 383.71, unless the
26    driver applicant is from a foreign country and is applying

 

 

10000SB0822sam001- 33 -LRB100 08807 AXK 22330 a

1    for a non-domiciled CLP, in which case the applicant must
2    provide an unexpired employment authorization document
3    (EAD) issued by USCIS or an unexpired foreign passport
4    accompanied by an approved I-94 form documenting the
5    applicant's most recent admittance into the United States;
6    and
7        (8) any other information required by the Secretary of
8    State.
9    (b) Except as provided in subsection (b-5), no No CLP shall
10be issued to a driver applicant unless the applicant has taken
11and passed a general knowledge test that meets the federal
12standards contained in 49 C.F.R. Part 383, subparts F, G, and H
13for the commercial motor vehicle the applicant expects to
14operate.
15    (b-5) The Secretary of State may waive the general
16knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a
17qualifying driver applicant of a commercial learner's permit. A
18qualifying driver applicant shall:
19        (1) be a current resident of this State;
20        (2) be a current or former member of the military
21    services, including a member of any reserve component or
22    National Guard unit;
23        (3) within one year prior to the application, have been
24    regularly employed in a military position that requires the
25    operation of large trucks;
26        (4) have received formal military training in the

 

 

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1    operation of a vehicle similar to the commercial motor
2    vehicle the applicant expects to operate; and
3        (5) provide the Secretary of State with a general
4    knowledge test waiver form signed by the applicant and his
5    or her commanding officer certifying that the applicant
6    qualifies for the general knowledge test waiver.
7    (c) No CLP shall be issued to a driver applicant unless the
8applicant possesses a valid Illinois driver's license or if the
9applicant is applying for a non-domiciled CLP under subsection
10(b) of Section 6-509 of this Code, in which case the driver
11applicant must possess a valid driver's license from his or her
12state of domicile.
13    (d) No CLP shall be issued to a person under 18 years of
14age.
15    (e) No person shall be issued a CLP unless the person
16certifies to the Secretary one of the following types of
17driving operations in which he or she will be engaged:
18        (1) non-excepted interstate;
19        (2) non-excepted intrastate;
20        (3) excepted interstate; or
21        (4) excepted intrastate.
22    (f) No person shall be issued a CLP unless the person
23certifies to the Secretary that he or she is not subject to any
24disqualification under 49 C.F.R. 383.51, or any license
25disqualification under State law, and that he or she does not
26have a driver's license from more than one state or

 

 

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1jurisdiction.
2    (g) No CLP shall be issued to a person while the person is
3subject to a disqualification from driving a commercial motor
4vehicle, unless otherwise permitted by this Code, while the
5person's driver's license is suspended, revoked, or cancelled
6in any state, or any territory or province of Canada; nor may a
7CLP be issued to a person who has a CLP or CDL issued by any
8other state or foreign jurisdiction, unless the person
9surrenders all of these licenses. No CLP shall be issued to or
10renewed for a person who does not meet the requirement of 49
11C.F.R. 391.41(b)(11). The requirement may be met with the aid
12of a hearing aid.
13    (h) No CLP with a Passenger, School Bus or Tank Vehicle
14endorsement shall be issued to a person unless the driver
15applicant has taken and passed the knowledge test for each
16endorsement.
17        (1) A CLP holder with a Passenger (P) endorsement is
18    prohibited from operating a CMV carrying passengers, other
19    than federal or State auditors and inspectors, test
20    examiners, or other trainees, and the CDL holder
21    accompanying the CLP holder as prescribed by subsection (a)
22    of Section 6-507 of this Code. The P endorsement must be
23    class specific.
24        (2) A CLP holder with a School Bus (S) endorsement is
25    prohibited from operating a school bus with passengers
26    other than federal or State auditors and inspectors, test

 

 

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1    examiners, or other trainees, and the CDL holder
2    accompanying the CLP holder as prescribed by subsection (a)
3    of Section 6-507 of this Code.
4        (3) A CLP holder with a Tank Vehicle (N) endorsement
5    may only operate an empty tank vehicle and is prohibited
6    from operating any tank vehicle that previously contained
7    hazardous material that has not been purged of all residue.
8        (4) All other federal endorsements are prohibited on a
9    CLP.
10    (i) No CLP holder may operate a commercial motor vehicle
11transporting hazardous material as defined in paragraph (20) of
12Section 6-500 of this Code.
13    (j) The CLP holder must be accompanied by the holder of a
14valid CDL who has the proper CDL group and endorsement
15necessary to operate the CMV. The CDL holder must at all times
16be physically present in the front seat of the vehicle next to
17the CLP holder or, in the case of a passenger vehicle, directly
18behind or in the first row behind the driver and must have the
19CLP holder under observation and direct supervision.
20    (k) A CLP is valid for 180 days from the date of issuance.
21A CLP may be renewed for an additional 180 days without
22requiring the CLP holder to retake the general and endorsement
23knowledge tests.
24    (l) A CLP issued prior to July 1, 2014 for a limited time
25period according to state requirements, shall be considered a
26valid commercial driver's license for purposes of

 

 

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1behind-the-wheel training on public roads or highways.
2(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
310 of P.A. 99-414 for the effective date of changes made by
4P.A. 98-176).)
 
5    (625 ILCS 5/6-508.1)
6    Sec. 6-508.1. Medical examiner's certificate.
7    (a) It shall be unlawful for any person to drive a CMV in
8non-excepted interstate commerce unless the person holds a CLP
9or CDL and is medically certified as physically qualified to do
10so.
11    (b) No person who has certified to non-excepted interstate
12driving as provided in Sections 6-507.5 and 6-508 of this Code
13shall be issued a CLP commercial learner's permit or CDL unless
14that person presents to the Secretary a medical examiner's
15certificate or has a current medical examiner's certificate on
16the CDLIS driver record.
17    (c) (Blank). Persons who hold a commercial driver
18instruction permit or CDL on January 30, 2012 who have
19certified as non-excepted interstate as provided in Section
206-508 of this Code must provide to the Secretary a medical
21examiner's certificate no later than January 30, 2014.
22    (d) On and after January 30, 2014, all persons who hold a
23commercial driver instruction permit or CDL who have certified
24as non-excepted interstate shall maintain a current medical
25examiner's certificate on file with the Secretary. On and after

 

 

10000SB0822sam001- 38 -LRB100 08807 AXK 22330 a

1July 1, 2014, all persons issued a CLP who have certified as
2non-excepted interstate shall maintain a current medical
3examiner's certificate on file with the Secretary.
4    (e) Before June 22, 2018, Within 10 calendar days of
5receipt of a medical examiner's certificate of a driver who has
6certified as non-excepted interstate, the Secretary shall post
7the following to the CDLIS driver record within 10 calendar
8days of receipt of a medical examiner's certificate of a driver
9who has certified as non-excepted interstate:
10        (1) the medical examiner's name;
11        (2) the medical examiner's telephone number;
12        (3) the date of issuance of the medical examiner's
13    certificate;
14        (4) the medical examiner's license number and the state
15    that issued it;
16        (5) the medical certification status;
17        (6) the expiration date of the medical examiner's
18    certificate;
19        (7) the existence of any medical variance on the
20    medical examiner's certificate, including, but not limited
21    to, an exemption, Skills Performance Evaluation
22    certification, issuance and expiration date of the medical
23    variance, or any grandfather provisions;
24        (8) any restrictions noted on the medical examiner's
25    certificate; and
26        (9) the date the medical examiner's certificate

 

 

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

 

 

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1        (8) any restrictions noted on the medical examiner's
2    certificate;
3        (9) the date the medical examiner's certificate
4    information was posted to the CDLIS driver record; and
5        (10) the medical examiner's National Registry of
6    Certified Medical Examiners identification number.
7    (f) Within 10 calendar days of the expiration or rescission
8of the driver's medical examiner's certificate or medical
9variance or both, the Secretary shall update the medical
10certification status to "not certified".
11    (g) Within 10 calendar days of receipt of information from
12the Federal Motor Carrier Safety Administration regarding
13issuance or renewal of a medical variance, the Secretary shall
14update the CDLIS driver record to include the medical variance
15information provided by the Federal Motor Carrier Safety
16Administration.
17    (g-5) Beginning June 22, 2018, within one business day of
18electronic receipt of information from the Federal Motor
19Carrier Safety Administration regarding issuance or renewal of
20a medical variance, the Secretary shall update the CDLIS driver
21record to include the medical variance information provided by
22the Federal Motor Carrier Safety Administration.
23    (h) The Secretary shall notify the driver of his or her
24non-certified status and that his or her CDL will be canceled
25unless the driver submits a current medical examiner's
26certificate or medical variance or changes his or her

 

 

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1self-certification to driving only in excepted or intrastate
2commerce.
3    (i) Within 60 calendar days of a driver's medical
4certification status becoming non-certified, the Secretary
5shall cancel the CDL.
6    (j) As required under the Code of Federal Regulations 49
7CFR 390.39, an operator of a covered farm vehicle, as defined
8under Section 18b-101 of this Code, is exempt from the
9requirements of this Section.
10    (k) For purposes of ensuring a person is medically fit to
11drive a commercial motor vehicle, the Secretary may release
12medical information provided by an applicant or a holder of a
13CDL or CLP to the Federal Motor Carrier Safety Administration.
14Medical information includes, but is not limited to, a medical
15examiner's certificate, a medical report that the Secretary
16requires to be submitted, statements regarding medical
17conditions made by an applicant or a holder of a CDL or CLP, or
18statements made by his or her physician.
19(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
2010 of P.A. 99-414 for the effective date of changes made by
21P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff. 7-22-16.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".