HB1295 EngrossedLRB097 08086 HEP 48209 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 6-201, 6-500, 6-507, 6-508, 6-513, and 6-519 and by
6adding Section 6-508.1 as follows:
 
7    (625 ILCS 5/6-201)
8    Sec. 6-201. Authority to cancel licenses and permits.
9    (a) The Secretary of State is authorized to cancel any
10license or permit upon determining that the holder thereof:
11        1. was not entitled to the issuance thereof hereunder;
12    or
13        2. failed to give the required or correct information
14    in his application; or
15        3. failed to pay any fees, civil penalties owed to the
16    Illinois Commerce Commission, or taxes due under this Act
17    and upon reasonable notice and demand; or
18        4. committed any fraud in the making of such
19    application; or
20        5. is ineligible therefor under the provisions of
21    Section 6-103 of this Act, as amended; or
22        6. has refused or neglected to submit an alcohol, drug,
23    and intoxicating compound evaluation or to submit to

 

 

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1    examination or re-examination as required under this Act;
2    or
3        7. has been convicted of violating the Cannabis Control
4    Act, the Illinois Controlled Substances Act, the
5    Methamphetamine Control and Community Protection Act, or
6    the Use of Intoxicating Compounds Act while that individual
7    was in actual physical control of a motor vehicle. For
8    purposes of this Section, any person placed on probation
9    under Section 10 of the Cannabis Control Act, Section 410
10    of the Illinois Controlled Substances Act, or Section 70 of
11    the Methamphetamine Control and Community Protection Act
12    shall not be considered convicted. Any person found guilty
13    of this offense, while in actual physical control of a
14    motor vehicle, shall have an entry made in the court record
15    by the judge that this offense did occur while the person
16    was in actual physical control of a motor vehicle and order
17    the clerk of the court to report the violation to the
18    Secretary of State as such. After the cancellation, the
19    Secretary of State shall not issue a new license or permit
20    for a period of one year after the date of cancellation.
21    However, upon application, the Secretary of State may, if
22    satisfied that the person applying will not endanger the
23    public safety, or welfare, issue a restricted driving
24    permit granting the privilege of driving a motor vehicle
25    between the petitioner's residence and petitioner's place
26    of employment or within the scope of the petitioner's

 

 

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1    employment related duties, or to allow transportation for
2    the petitioner or a household member of the petitioner's
3    family for the receipt of necessary medical care, or
4    provide transportation for the petitioner to and from
5    alcohol or drug remedial or rehabilitative activity
6    recommended by a licensed service provider, or for the
7    petitioner to attend classes, as a student, in an
8    accredited educational institution. The petitioner must
9    demonstrate that no alternative means of transportation is
10    reasonably available; provided that the Secretary's
11    discretion shall be limited to cases where undue hardship,
12    as defined by the rules of the Secretary of State, would
13    result from a failure to issue such restricted driving
14    permit. In each case the Secretary of State may issue such
15    restricted driving permit for such period as he deems
16    appropriate, except that such permit shall expire within
17    one year from the date of issuance. A restricted driving
18    permit issued hereunder shall be subject to cancellation,
19    revocation and suspension by the Secretary of State in like
20    manner and for like cause as a driver's license issued
21    hereunder may be cancelled, revoked or suspended; except
22    that a conviction upon one or more offenses against laws or
23    ordinances regulating the movement of traffic shall be
24    deemed sufficient cause for the revocation, suspension or
25    cancellation of a restricted driving permit. The Secretary
26    of State may, as a condition to the issuance of a

 

 

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1    restricted driving permit, require the applicant to
2    participate in a driver remedial or rehabilitative
3    program. In accordance with 49 C.F.R. 384, the Secretary of
4    State may not issue a restricted driving permit for the
5    operation of a commercial motor vehicle to a person holding
6    a CDL whose driving privileges have been revoked,
7    suspended, cancelled, or disqualified under this Code; or
8        8. failed to submit a report as required by Section
9    6-116.5 of this Code; or
10        9. has been convicted of a sex offense as defined in
11    the Sex Offender Registration Act. The driver's license
12    shall remain cancelled until the driver registers as a sex
13    offender as required by the Sex Offender Registration Act,
14    proof of the registration is furnished to the Secretary of
15    State and the sex offender provides proof of current
16    address to the Secretary; or
17        10. is ineligible for a license or permit under Section
18    6-107, 6-107.1, or 6-108 of this Code; or
19        11. refused or neglected to appear at a Driver Services
20    facility to have the license or permit corrected and a new
21    license or permit issued; or .
22        12. failed to submit a medical examiner's certificate
23    or medical variance as required by 49 C.F.R. 383.71 or
24    submitted a fraudulent medical examiner's certificate or
25    medical variance.
26    (b) Upon such cancellation the licensee or permittee must

 

 

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1surrender the license or permit so cancelled to the Secretary
2of State.
3    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
4Secretary of State shall have exclusive authority to grant,
5issue, deny, cancel, suspend and revoke driving privileges,
6drivers' licenses and restricted driving permits.
7    (d) The Secretary of State may adopt rules to implement
8this Section.
9(Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07;
1094-993, eff. 1-1-07; 95-331, eff. 8-21-07; 95-382, eff.
118-23-07; 95-627, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
12    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
13    Sec. 6-500. Definitions of words and phrases.
14Notwithstanding the definitions set forth elsewhere in this
15Code, for purposes of the Uniform Commercial Driver's License
16Act (UCDLA), the words and phrases listed below have the
17meanings ascribed to them as follows:
18    (1) Alcohol. "Alcohol" means any substance containing any
19form of alcohol, including but not limited to ethanol,
20methanol, propanol, and isopropanol.
21    (2) Alcohol concentration. "Alcohol concentration" means:
22        (A) the number of grams of alcohol per 210 liters of
23    breath; or
24        (B) the number of grams of alcohol per 100 milliliters
25    of blood; or

 

 

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1        (C) the number of grams of alcohol per 67 milliliters
2    of urine.
3    Alcohol tests administered within 2 hours of the driver
4being "stopped or detained" shall be considered that driver's
5"alcohol concentration" for the purposes of enforcing this
6UCDLA.
7    (3) (Blank).
8    (4) (Blank).
9    (5) (Blank).
10    (5.3) CDLIS driver record. "CDLIS driver record" means the
11electronic record of the individual CDL driver's status and
12history stored by the State-of-Record as part of the Commercial
13Driver's License Information System, or CDLIS, established
14under 49 U.S.C. 31309.
15    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
16record" or "CDLIS MVR" means a report generated from the CDLIS
17driver record meeting the requirements for access to CDLIS
18information and provided by states to users authorized in 49
19C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
20Driver Privacy Protection Act, 18 U.S.C. 2721–2725.
21    (5.7) Commercial driver's license downgrade. "Commercial
22driver's license downgrade" or "CDL downgrade" means either:
23        (A) a state allows the driver to change his or her
24    self-certification to interstate, but operating
25    exclusively in transportation or operation excepted from
26    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

 

 

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1    391.2, 391.68, or 398.3;
2        (B) a state allows the driver to change his or her
3    self-certification to intrastate only, if the driver
4    qualifies under that state's physical qualification
5    requirements for intrastate only;
6        (C) a state allows the driver to change his or her
7    certification to intrastate, but operating exclusively in
8    transportation or operations excepted from all or part of
9    the state driver qualification requirements; or
10        (D) a state removes the CDL privilege from the driver
11    license.
12    (6) Commercial Motor Vehicle.
13        (A) "Commercial motor vehicle" or "CMV" means a motor
14    vehicle used in commerce, except those referred to in
15    subdivision (B), designed to transport passengers or
16    property if:
17            (i) the vehicle has a GVWR of 26,001 pounds or more
18        or such a lesser GVWR as subsequently determined by
19        federal regulations or the Secretary of State; or any
20        combination of vehicles with a GCWR of 26,001 pounds or
21        more, provided the GVWR of any vehicle or vehicles
22        being towed is 10,001 pounds or more; or
23            (ii) the vehicle is designed to transport 16 or
24        more persons; or
25            (iii) the vehicle is transporting hazardous
26        materials and is required to be placarded in accordance

 

 

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1        with 49 C.F.R. Part 172, subpart F.
2        (B) Pursuant to the interpretation of the Commercial
3    Motor Vehicle Safety Act of 1986 by the Federal Highway
4    Administration, the definition of "commercial motor
5    vehicle" does not include:
6            (i) recreational vehicles, when operated primarily
7        for personal use;
8            (ii) vehicles owned by or operated under the
9        direction of the United States Department of Defense or
10        the United States Coast Guard only when operated by
11        non-civilian personnel. This includes any operator on
12        active military duty; members of the Reserves;
13        National Guard; personnel on part-time training; and
14        National Guard military technicians (civilians who are
15        required to wear military uniforms and are subject to
16        the Code of Military Justice); or
17            (iii) firefighting and other emergency equipment
18        (including, without limitation, equipment owned or
19        operated by a HazMat or technical rescue team
20        authorized by a county board under Section 5-1127 of
21        the Counties Code), with audible and visual signals,
22        owned or operated by or for a governmental entity,
23        which is necessary to the preservation of life or
24        property or the execution of emergency governmental
25        functions which are normally not subject to general
26        traffic rules and regulations.

 

 

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1    (7) Controlled Substance. "Controlled substance" shall
2have the same meaning as defined in Section 102 of the Illinois
3Controlled Substances Act, and shall also include cannabis as
4defined in Section 3 of the Cannabis Control Act and
5methamphetamine as defined in Section 10 of the Methamphetamine
6Control and Community Protection Act.
7    (8) Conviction. "Conviction" means an unvacated
8adjudication of guilt or a determination that a person has
9violated or failed to comply with the law in a court of
10original jurisdiction or by an authorized administrative
11tribunal; an unvacated forfeiture of bail or collateral
12deposited to secure the person's appearance in court; a plea of
13guilty or nolo contendere accepted by the court; the payment of
14a fine or court cost regardless of whether the imposition of
15sentence is deferred and ultimately a judgment dismissing the
16underlying charge is entered; or a violation of a condition of
17release without bail, regardless of whether or not the penalty
18is rebated, suspended or probated.
19    (8.5) Day. "Day" means calendar day.
20    (9) (Blank).
21    (10) (Blank).
22    (11) (Blank).
23    (12) (Blank).
24    (13) Driver. "Driver" means any person who drives,
25operates, or is in physical control of a commercial motor
26vehicle, any person who is required to hold a CDL, or any

 

 

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1person who is a holder of a CDL while operating a
2non-commercial motor vehicle.
3    (13.5) Driver applicant. "Driver applicant" means an
4individual who applies to a state to obtain, transfer, upgrade,
5or renew a CDL.
6    (14) Employee. "Employee" means a person who is employed as
7a commercial motor vehicle driver. A person who is
8self-employed as a commercial motor vehicle driver must comply
9with the requirements of this UCDLA pertaining to employees. An
10owner-operator on a long-term lease shall be considered an
11employee.
12    (15) Employer. "Employer" means a person (including the
13United States, a State or a local authority) who owns or leases
14a commercial motor vehicle or assigns employees to operate such
15a vehicle. A person who is self-employed as a commercial motor
16vehicle driver must comply with the requirements of this UCDLA.
17    (15.3) Excepted interstate. "Excepted interstate" means a
18person who operates or expects to operate in interstate
19commerce, but engages exclusively in transportation or
20operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
21398.3 from all or part of the qualification requirements of 49
22C.F.R. Part 391 and is not required to obtain a medical
23examiner's certificate by 49 C.F.R. 391.45.
24    (15.5) Excepted intrastate. "Excepted intrastate" means a
25person who operates in intrastate commerce but engages
26exclusively in transportation or operations excepted from all

 

 

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1or parts of the state driver qualification requirements.
2    (16) (Blank).
3    (16.5) Fatality. "Fatality" means the death of a person as
4a result of a motor vehicle accident.
5    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
6sovereign jurisdiction that does not fall within the definition
7of "State".
8    (18) (Blank).
9    (19) (Blank).
10    (20) Hazardous materials. "Hazardous Material" means any
11material that has been designated under 49 U.S.C. 5103 and is
12required to be placarded under subpart F of 49 C.F.R. part 172
13or any quantity of a material listed as a select agent or toxin
14in 42 C.F.R. part 73.
15    (20.5) Imminent Hazard. "Imminent hazard" means the
16existence of a condition that presents a substantial likelihood
17that death, serious illness, severe personal injury, or a
18substantial endangerment to health, property, or the
19environment may occur before the reasonably foreseeable
20completion date of a formal proceeding begun to lessen the risk
21of that death, illness, injury or endangerment.
22    (21) Long-term lease. "Long-term lease" means a lease of a
23commercial motor vehicle by the owner-lessor to a lessee, for a
24period of more than 29 days.
25    (21.1) Medical examiner. "Medical examiner" means a person
26who is licensed, certified, or registered in accordance with

 

 

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1applicable state laws and regulations to perform physical
2examinations. The term includes but is not limited to doctors
3of medicine, doctors of osteopathy, physician assistants,
4advanced practice nurses, and doctors of chiropractic.
5    (21.2) Medical examiner's certificate. "Medical examiner's
6certificate" means a document prescribed or approved by the
7Secretary of State that is issued by a medical examiner to a
8driver to medically qualify him or her to drive.
9    (21.5) Medical variance. "Medical variance" means a driver
10has received one of the following from the Federal Motor
11Carrier Safety Administration which allows the driver to be
12issued a medical certificate: (1) an exemption letter
13permitting operation of a commercial motor vehicle pursuant to
1449 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
15skill performance evaluation (SPE) certificate permitting
16operation of a commercial motor vehicle pursuant to 49 C.F.R.
17391.49.
18    (22) Motor Vehicle. "Motor vehicle" means every vehicle
19which is self-propelled, and every vehicle which is propelled
20by electric power obtained from over head trolley wires but not
21operated upon rails, except vehicles moved solely by human
22power and motorized wheel chairs.
23    (22.2) Motor vehicle record. "Motor vehicle record" means a
24report of the driving status and history of a driver generated
25from the driver record provided to users, such as drivers or
26employers, and is subject to the provisions of the Driver

 

 

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1Privacy Protection Act, 18 U.S.C. 2721-2725.
2    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
3combination of motor vehicles not defined by the term
4"commercial motor vehicle" or "CMV" in this Section.
5    (22.7) Non-excepted interstate. "Non-excepted interstate"
6means a person who operates or expects to operate in interstate
7commerce, is subject to and meets the qualification
8requirements under 49 C.F.R. Part 391, and is required to
9obtain a medical examiner's certificate by 49 C.F.R. 391.45.
10    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
11means a person who operates only in intrastate commerce and is
12subject to State driver qualification requirements.
13    (23) Non-resident CDL. "Non-resident CDL" means a
14commercial driver's license issued by a state under either of
15the following two conditions:
16        (i) to an individual domiciled in a foreign country
17    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
18    of the Federal Motor Carrier Safety Administration.
19        (ii) to an individual domiciled in another state
20    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
21    of the Federal Motor Carrier Safety Administration.
22    (24) (Blank).
23    (25) (Blank).
24    (25.5) Railroad-Highway Grade Crossing Violation.
25"Railroad-highway grade crossing violation" means a violation,
26while operating a commercial motor vehicle, of any of the

 

 

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1following:
2            (A) Section 11-1201, 11-1202, or 11-1425 of this
3        Code.
4            (B) Any other similar law or local ordinance of any
5        state relating to railroad-highway grade crossing.
6    (25.7) School Bus. "School bus" means a commercial motor
7vehicle used to transport pre-primary, primary, or secondary
8school students from home to school, from school to home, or to
9and from school-sponsored events. "School bus" does not include
10a bus used as a common carrier.
11    (26) Serious Traffic Violation. "Serious traffic
12violation" means:
13        (A) a conviction when operating a commercial motor
14    vehicle, or when operating a non-CMV while holding a CDL,
15    of:
16            (i) a violation relating to excessive speeding,
17        involving a single speeding charge of 15 miles per hour
18        or more above the legal speed limit; or
19            (ii) a violation relating to reckless driving; or
20            (iii) a violation of any State law or local
21        ordinance relating to motor vehicle traffic control
22        (other than parking violations) arising in connection
23        with a fatal traffic accident; or
24            (iv) a violation of Section 6-501, relating to
25        having multiple driver's licenses; or
26            (v) a violation of paragraph (a) of Section 6-507,

 

 

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1        relating to the requirement to have a valid CDL; or
2            (vi) a violation relating to improper or erratic
3        traffic lane changes; or
4            (vii) a violation relating to following another
5        vehicle too closely; or
6        (B) any other similar violation of a law or local
7    ordinance of any state relating to motor vehicle traffic
8    control, other than a parking violation, which the
9    Secretary of State determines by administrative rule to be
10    serious.
11    (27) State. "State" means a state of the United States, the
12District of Columbia and any province or territory of Canada.
13    (28) (Blank).
14    (29) (Blank).
15    (30) (Blank).
16    (31) (Blank).
17(Source: P.A. 94-307, eff. 9-30-05; 94-334, eff. 1-1-06;
1895-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
 
19    (625 ILCS 5/6-507)  (from Ch. 95 1/2, par. 6-507)
20    Sec. 6-507. Commercial Driver's License (CDL) Required.
21    (a) Except as expressly permitted by this UCDLA, or when
22driving pursuant to the issuance of a commercial driver
23instruction permit and accompanied by the holder of a CDL valid
24for the vehicle being driven; no person shall drive a
25commercial motor vehicle on the highways without:

 

 

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1        (1) a CDL in the driver's possession;
2        (2) having obtained a CDL; or
3        (3) the proper class of CDL or endorsements or both for
4    the specific vehicle group being operated or for the
5    passengers or type of cargo being transported; or .
6        (4) a copy of a medical variance document, if one
7    exists, such as an exemption letter or a skill performance
8    evaluation certificate.
9    (b) Except as otherwise provided by this Code, no person
10may drive a commercial motor vehicle on the highways while such
11person's driving privilege, license, or permit is:
12        (1) Suspended, revoked, cancelled, or subject to
13    disqualification. Any person convicted of violating this
14    provision or a similar provision of this or any other state
15    shall have their driving privileges revoked under
16    paragraph 12 of subsection (a) of Section 6-205 of this
17    Code.
18        (2) Subject to or in violation of an "out-of-service"
19    order. Any person who has been issued a CDL and is
20    convicted of violating this provision or a similar
21    provision of any other state shall be disqualified from
22    operating a commercial motor vehicle under subsection (i)
23    of Section 6-514 of this Code.
24        (3) Subject to or in violation of a driver or vehicle
25    "out of service" order while operating a vehicle designed
26    to transport 16 or more passengers, including the driver,

 

 

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1    or transporting hazardous materials required to be
2    placarded. Any person who has been issued a CDL and is
3    convicted of violating this provision or a similar
4    provision of this or any other state shall be disqualified
5    from operating a commercial motor vehicle under subsection
6    (i) of Section 6-514 of this Code.
7    (b-3) Except as otherwise provided by this Code, no person
8may drive a commercial motor vehicle on the highways during a
9period which the commercial motor vehicle or the motor carrier
10operation is subject to an "out-of-service" order. Any person
11who is convicted of violating this provision or a similar
12provision of any other state shall be disqualified from
13operating a commercial motor vehicle under subsection (i) of
14Section 6-514 of this Code.
15    (b-5) Except as otherwise provided by this Code, no person
16may transport passengers or hazardous materials during a period
17in which the commercial motor vehicle or the motor carrier
18operation is subject to an "out-of-service" order. Any person
19who is convicted of violating this provision or a similar
20provision of any other state shall be disqualified from
21operating a commercial motor vehicle under subsection (i) of
22Section 6-514 of this Code.
23    (c) Pursuant to the options provided to the States by FHWA
24Docket No. MC-88-8, the driver of any motor vehicle controlled
25or operated by or for a farmer is waived from the requirements
26of this Section, when such motor vehicle is being used to

 

 

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1transport: agricultural products; implements of husbandry; or
2farm supplies; to and from a farm, as long as such movement is
3not over 150 air miles from the originating farm. This waiver
4does not apply to the driver of any motor vehicle being used in
5a common or contract carrier type operation. However, for those
6drivers of any truck-tractor semitrailer combination or
7combinations registered under subsection (c) of Section 3-815
8of this Code, this waiver shall apply only when the driver is a
9farmer or a member of the farmer's family and the driver is 21
10years of age or more and has successfully completed any tests
11the Secretary of State deems necessary.
12    In addition, the farmer or a member of the farmer's family
13who operates a truck-tractor semitrailer combination or
14combinations pursuant to this waiver shall be granted all of
15the rights and shall be subject to all of the duties and
16restrictions with respect to Sections 6-514 and 6-515 of this
17Code applicable to the driver who possesses a commercial
18driver's license issued under this Code, except that the driver
19shall not be subject to any additional duties or restrictions
20contained in Part 382 of the Federal Motor Carrier Safety
21Regulations that are not otherwise imposed under Section 6-514
22or 6-515 of this Code.
23    For purposes of this subsection (c), a member of the
24farmer's family is a natural or in-law spouse, child, parent,
25or sibling.
26    (c-5) An employee of a township or road district with a

 

 

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1population of less than 3,000 operating a vehicle within the
2boundaries of the township or road district for the purpose of
3removing snow or ice from a roadway by plowing, sanding, or
4salting is waived from the requirements of this Section when
5the employee is needed to operate the vehicle because the
6employee of the township or road district who ordinarily
7operates the vehicle and who has a commercial driver's license
8is unable to operate the vehicle or is in need of additional
9assistance due to a snow emergency.
10    (c-10) A driver of a commercial motor vehicle used
11primarily in the transportation of propane winter heating fuel
12or a driver of a motor vehicle used to respond to a pipeline
13emergency is waived from the requirements of this Section if
14such requirements would prevent the driver from responding to
15an emergency condition requiring immediate response as defined
16in 49 C.F.R. Part 390.5.
17    (d) Any person convicted of violating this Section, shall
18be guilty of a Class A misdemeanor.
19    (e) Any person convicted of violating paragraph (1) of
20subsection (b) of this Section, shall have all driving
21privileges revoked by the Secretary of State.
22    (f) This Section shall not apply to:
23        (1) A person who currently holds a valid Illinois
24    driver's license, for the type of vehicle being operated,
25    until the expiration of such license or April 1, 1992,
26    whichever is earlier; or

 

 

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1        (2) A non-Illinois domiciliary who is properly
2    licensed in another State, until April 1, 1992. A
3    non-Illinois domiciliary, if such domiciliary is properly
4    licensed in another State or foreign jurisdiction, until
5    April 1, 1992.
6(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
 
7    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
8    Sec. 6-508. Commercial Driver's License (CDL) -
9qualification standards.
10    (a) Testing.
11        (1) General. No person shall be issued an original or
12    renewal CDL unless that person is domiciled in this State.
13    The Secretary shall cause to be administered such tests as
14    the Secretary deems necessary to meet the requirements of
15    49 C.F.R. Part 383, subparts F, G, H, and J.
16        (2) Third party testing. The Secretary of state may
17    authorize a "third party tester", pursuant to 49 C.F.R.
18    Part 383.75, to administer the skills test or tests
19    specified by Federal Motor Carrier Safety Administration
20    pursuant to the Commercial Motor Vehicle Safety Act of 1986
21    and any appropriate federal rule.
22    (b) Waiver of Skills Test. The Secretary of State may waive
23the skills test specified in this Section for a driver
24applicant for a commercial driver license who meets the
25requirements of 49 C.F.R. Part 383.77 and Part 383.123.

 

 

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1    (b-1) No person shall be issued a commercial driver
2instruction permit or CDL unless the person certifies to the
3Secretary one of the following types of driving operations in
4which he or she will be engaged:
5        (1) non-excepted interstate;
6        (2) non-excepted intrastate;
7        (3) excepted interstate; or
8        (4) excepted intrastate.
9    (b-2) Persons who hold a commercial driver instruction
10permit or CDL on January 30, 2012 must certify to the Secretary
11no later than January 30, 2014 one of the following applicable
12self-certifications:
13        (1) non-excepted interstate;
14        (2) non-excepted intrastate;
15        (3) excepted interstate; or
16        (4) excepted intrastate.
17    (c) Limitations on issuance of a CDL. A CDL, or a
18commercial driver instruction permit, shall not be issued to a
19person while the person is subject to a disqualification from
20driving a commercial motor vehicle, or unless otherwise
21permitted by this Code, while the person's driver's license is
22suspended, revoked or cancelled in any state, or any territory
23or province of Canada; nor may a CDL be issued to a person who
24has a CDL issued by any other state, or foreign jurisdiction,
25unless the person first surrenders all such licenses. No CDL
26shall be issued to or renewed for a person who does not meet

 

 

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1the requirement of 49 CFR 391.41(b)(11). The requirement may be
2met with the aid of a hearing aid.
3    (c-1) The Secretary may issue a CDL with a school bus
4driver endorsement to allow a person to drive the type of bus
5described in subsection (d-5) of Section 6-104 of this Code.
6The CDL with a school bus driver endorsement may be issued only
7to a person meeting the following requirements:
8        (1) the person has submitted his or her fingerprints to
9    the Department of State Police in the form and manner
10    prescribed by the Department of State Police. These
11    fingerprints shall be checked against the fingerprint
12    records now and hereafter filed in the Department of State
13    Police and Federal Bureau of Investigation criminal
14    history records databases;
15        (2) the person has passed a written test, administered
16    by the Secretary of State, on charter bus operation,
17    charter bus safety, and certain special traffic laws
18    relating to school buses determined by the Secretary of
19    State to be relevant to charter buses, and submitted to a
20    review of the driver applicant's driving habits by the
21    Secretary of State at the time the written test is given;
22        (3) the person has demonstrated physical fitness to
23    operate school buses by submitting the results of a medical
24    examination, including tests for drug use; and
25        (4) the person has not been convicted of committing or
26    attempting to commit any one or more of the following

 

 

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1    offenses: (i) those offenses defined in Sections 8-1.2,
2    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
3    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5,
4    11-6.6, 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1,
5    11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
6    11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.3, 11-21,
7    11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4,
8    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
9    12-4.7, 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4,
10    12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
11    12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1,
12    18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2,
13    24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1,
14    24-3.3, 24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
15    subsection (b) of Section 8-1, and in subsection (a) and
16    subsection (b), clause (1), of Section 12-4, and in
17    subsection (A), clauses (a) and (b), of Section 24-3, and
18    those offenses contained in Article 29D of the Criminal
19    Code of 1961; (ii) those offenses defined in the Cannabis
20    Control Act except those offenses defined in subsections
21    (a) and (b) of Section 4, and subsection (a) of Section 5
22    of the Cannabis Control Act; (iii) those offenses defined
23    in the Illinois Controlled Substances Act; (iv) those
24    offenses defined in the Methamphetamine Control and
25    Community Protection Act; (v) any offense committed or
26    attempted in any other state or against the laws of the

 

 

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1    United States, which if committed or attempted in this
2    State would be punishable as one or more of the foregoing
3    offenses; (vi) the offenses defined in Sections 4.1 and 5.1
4    of the Wrongs to Children Act; (vii) those offenses defined
5    in Section 6-16 of the Liquor Control Act of 1934; and
6    (viii) those offenses defined in the Methamphetamine
7    Precursor Control Act.
8    The Department of State Police shall charge a fee for
9conducting the criminal history records check, which shall be
10deposited into the State Police Services Fund and may not
11exceed the actual cost of the records check.
12    (c-2) The Secretary shall issue a CDL with a school bus
13endorsement to allow a person to drive a school bus as defined
14in this Section. The CDL shall be issued according to the
15requirements outlined in 49 C.F.R. 383. A person may not
16operate a school bus as defined in this Section without a
17school bus endorsement. The Secretary of State may adopt rules
18consistent with Federal guidelines to implement this
19subsection (c-2).
20    (d) Commercial driver instruction permit. A commercial
21driver instruction permit may be issued to any person holding a
22valid Illinois driver's license if such person successfully
23passes such tests as the Secretary determines to be necessary.
24A commercial driver instruction permit shall not be issued to a
25person who does not meet the requirements of 49 CFR 391.41
26(b)(11), except for the renewal of a commercial driver

 

 

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1instruction permit for a person who possesses a commercial
2instruction permit prior to the effective date of this
3amendatory Act of 1999.
4(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07;
596-1182, eff. 7-22-10.)
 
6    (625 ILCS 5/6-508.1 new)
7    Sec. 6-508.1. Medical Examiner's Certificate.
8    (a) It shall be unlawful for any person to drive a CMV in
9non-excepted interstate commerce unless the person holds a CDL
10and is medically certified as physically qualified to do so.
11    (b) No person who has certified to non-excepted interstate
12driving as provided in Section 6-508 of this Code shall be
13issued a commercial driver instruction 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) Persons who hold a commercial driver instruction permit
18or CDL on January 30, 2012 who have certified as non-excepted
19interstate as provided in Section 6-508 of this Code must
20provide to the Secretary a medical examiner's certificate no
21later than January 30, 2014.
22    (d) As of 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.

 

 

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1    (e) Within 10 calendar days of receipt of a medical
2examiner's certificate of a driver who has certified as
3non-excepted interstate, the Secretary shall post the
4following to the CDLIS driver record:
5        (1) the medical examiner's name;
6        (2) the medical examiner's telephone number;
7        (3) the date of issuance of the medical examiner's
8    certificate;
9        (4) the medical examiner's license number and the state
10    that issued it;
11        (5) the medical certification status;
12        (6) the expiration date of the medical examiner's
13    certificate;
14        (7) the existence of any medical variance on the
15    medical examiner's certificate or grandfather provisions;
16        (8) any restrictions noted on the medical examiner's
17    certificate; and
18        (9) the date the medical examiner's certificate
19    information was posted to the CDLIS driver record.
20    (f) Within 10 calendar days of the expiration or rescission
21of the driver's medical examiner's certificate or medical
22variance or both, the Secretary shall update the medical
23certification status to "not certified".
24    (g) Within 10 calendar days of receipt of information from
25the Federal Motor Carrier Safety Administration regarding
26issuance or renewal of a medical variance, the Secretary shall

 

 

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1update the CDLIS driver record to include the medical variance
2information provided by the Federal Motor Carrier Safety
3Administration.
4    (h) The Secretary shall notify the driver of his or her
5non-certified status and that his or her CDL will be canceled
6unless the driver submits a current medical examiner's
7certificate or medical variance or changes his or her
8self-certification to driving only in excepted or intrastate
9commerce.
10    (i) Within 60 calendar days of a driver's medical
11certification status becoming non-certified, the Secretary
12shall cancel the CDL.
 
13    (625 ILCS 5/6-513)  (from Ch. 95 1/2, par. 6-513)
14    Sec. 6-513. Commercial Driver's License or CDL. The content
15of the CDL shall include, but not necessarily be limited to the
16following:
17    (a) A CDL shall be distinctly marked "Commercial Driver's
18License" or "CDL". It must include, but not necessarily be
19limited to, the following information:
20        (1) the legal name and the Illinois domiciliary address
21    (unless it is a Non-resident CDL) of the person to whom the
22    CDL is issued;
23        (2) the person's color photograph;
24        (3) a physical description of the person including sex,
25    height, and may include weight, color of eyes and hair

 

 

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1    color;
2        (4) date of birth;
3        (5) a CDL or file number assigned by the Secretary of
4    State;
5        (6) the person's signature;
6        (7) the class or type of commercial vehicle or vehicles
7    which the person is authorized to drive together with any
8    endorsements or restrictions;
9        (8) the name of the issuing state; and
10        (9) the issuance and expiration dates of the CDL; and .
11        (10) the restriction code "V" if the driver has been
12    issued a medical variance.
13    (b) Applicant Record Check.
14    Prior to issuing, renewing, upgrading, or transferring the
15issuance of a CDL, the Secretary of State shall obtain, review,
16and maintain upon issuance, renewal, upgrade, or transfer the
17driver applicant's driving record as required by 49 C.F.R. Part
18383 and Part 384 and the United States Secretary of
19Transportation.
20    (c) Notification of Commercial Driver's License (CDL)
21Issuance and Self-Certification.
22    Within 10 days after issuing a CDL, the Secretary of State
23must notify the Commercial Driver License Information System of
24that fact, and provide all information required to ensure
25identification of the person. The Secretary shall also post the
26driver's self-certification for the type of driving operations

 

 

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1to the CDLIS driver record.
2    (c-5) Change in driver identification information.
3    Within 10 days of any change of driver identification
4information on any CDL holder, the Secretary of State must
5notify the Commercial Driver License Information System of the
6change.
7    (d) Renewal.
8    Every person applying for a renewal of a CDL must complete
9the appropriate application form required by this Code and any
10other test deemed necessary by the Secretary.
11(Source: P.A. 94-307, eff. 9-30-05; 95-382, eff. 8-23-07.)
 
12    (625 ILCS 5/6-519)  (from Ch. 95 1/2, par. 6-519)
13    Sec. 6-519. Driving Record Information To Be Furnished.
14Notwithstanding any other provision of law to the contrary, the
15Secretary of State shall furnish the following full information
16regarding a commercial driver's driving record to: all
17information on CDLIS driver records to the driver licensing
18administrator of any other State; all information on CDLIS
19driver records to the U.S. Department of Transportation; all
20information on the CDLIS driver record obtained on the CDLIS
21motor vehicle record to the affected driver or a motor carrier
22or prospective motor carrier requesting such information; all
23information on the CDLIS driver record obtained on the CDLIS
24motor vehicle record of a current or prospective driver to a
25motor carrier or prospective motor carrier requesting such

 

 

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1information , within 10 days of the request; and any other
2entity or person authorized to receive such information
3pursuant to Section 2-123 of this Code.
4(Source: P.A. 95-382, eff. 8-23-07.)
 
5    Section 99. Effective date. This Act takes effect January
61, 2012.