Full Text of HB4386 98th General Assembly
HB4386enr 98TH GENERAL ASSEMBLY |
| | HB4386 Enrolled | | LRB098 16892 MLW 51967 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 6-500, 6-506, 6-514, and 6-518 as follows:
| 6 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| 7 | | (Text of Section before amendment by P.A. 98-176 ) | 8 | | Sec. 6-500. Definitions of words and phrases. | 9 | | Notwithstanding the
definitions set forth elsewhere in this
| 10 | | Code, for purposes of the Uniform Commercial Driver's License | 11 | | Act
(UCDLA), the words and phrases listed below have the | 12 | | meanings
ascribed to them as follows:
| 13 | | (1) Alcohol. "Alcohol" means any substance containing any | 14 | | form of
alcohol, including but not limited to ethanol,
| 15 | | methanol,
propanol, and
isopropanol.
| 16 | | (2) Alcohol concentration. "Alcohol concentration" means:
| 17 | | (A) the number of grams of alcohol per 210 liters of | 18 | | breath;
or
| 19 | | (B) the number of grams of alcohol per 100 milliliters | 20 | | of
blood; or
| 21 | | (C) the number of grams of alcohol per 67 milliliters | 22 | | of
urine.
| 23 | | Alcohol tests administered within 2 hours of the driver |
| | | HB4386 Enrolled | - 2 - | LRB098 16892 MLW 51967 b |
|
| 1 | | being
"stopped or detained" shall be considered that driver's | 2 | | "alcohol
concentration" for the purposes of enforcing this | 3 | | UCDLA.
| 4 | | (3) (Blank).
| 5 | | (4) (Blank).
| 6 | | (5) (Blank).
| 7 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 8 | | electronic record of the individual CDL driver's status and | 9 | | history stored by the State-of-Record as part of the Commercial | 10 | | Driver's License Information System, or CDLIS, established | 11 | | under 49 U.S.C. 31309. | 12 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 13 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 14 | | driver record meeting the requirements for access to CDLIS | 15 | | information and provided by states to users authorized in 49 | 16 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 17 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 18 | | (5.7) Commercial driver's license downgrade. "Commercial | 19 | | driver's license downgrade" or "CDL downgrade" means either: | 20 | | (A) a state allows the driver to change his or her | 21 | | self-certification to interstate, but operating | 22 | | exclusively in transportation or operation excepted from | 23 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | 24 | | 391.2, 391.68, or 398.3; | 25 | | (B) a state allows the driver to change his or her | 26 | | self-certification to intrastate only, if the driver |
| | | HB4386 Enrolled | - 3 - | LRB098 16892 MLW 51967 b |
|
| 1 | | qualifies under that state's physical qualification | 2 | | requirements for intrastate only; | 3 | | (C) a state allows the driver to change his or her | 4 | | certification to intrastate, but operating exclusively in | 5 | | transportation or operations excepted from all or part of | 6 | | the state driver qualification requirements; or | 7 | | (D) a state removes the CDL privilege from the driver | 8 | | license. | 9 | | (6) Commercial Motor Vehicle.
| 10 | | (A) "Commercial motor vehicle" or "CMV" means
a motor | 11 | | vehicle used in commerce, except those referred to in | 12 | | subdivision (B), designed
to transport passengers or | 13 | | property if:
| 14 | | (i) the vehicle has a GVWR of 26,001 pounds or more | 15 | | or such
a
lesser GVWR as subsequently determined by | 16 | | federal regulations or the Secretary
of State; or any
| 17 | | combination of vehicles with a GCWR of 26,001 pounds or | 18 | | more, provided the
GVWR of any vehicle or vehicles | 19 | | being towed is 10,001 pounds or more; or
| 20 | | (ii) the vehicle is designed to transport 16 or | 21 | | more
persons;
or
| 22 | | (iii) the vehicle is transporting hazardous | 23 | | materials and
is
required to
be placarded in accordance | 24 | | with 49 C.F.R. Part 172, subpart F.
| 25 | | (B) Pursuant to the interpretation of the Commercial | 26 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway |
| | | HB4386 Enrolled | - 4 - | LRB098 16892 MLW 51967 b |
|
| 1 | | Administration, the definition of
"commercial motor | 2 | | vehicle" does not include:
| 3 | | (i) recreational vehicles, when operated primarily | 4 | | for personal use;
| 5 | | (ii) vehicles owned by or operated under the | 6 | | direction of the United States Department of Defense or | 7 | | the United States Coast Guard only when operated by
| 8 | | non-civilian personnel. This includes any operator on | 9 | | active military
duty; members of the Reserves; | 10 | | National Guard; personnel on part-time
training; and | 11 | | National Guard military technicians (civilians who are
| 12 | | required to wear military uniforms and are subject to | 13 | | the Code of Military
Justice); or
| 14 | | (iii) firefighting, police, and other emergency | 15 | | equipment (including, without limitation, equipment | 16 | | owned or operated by a HazMat or technical rescue team | 17 | | authorized by a county board under Section 5-1127 of | 18 | | the Counties Code), with audible and
visual signals, | 19 | | owned or operated
by or for a
governmental entity, | 20 | | which is necessary to the preservation of life or
| 21 | | property or the execution of emergency governmental | 22 | | functions which are
normally not subject to general | 23 | | traffic rules and regulations.
| 24 | | (7) Controlled Substance. "Controlled substance" shall | 25 | | have the same
meaning as defined in Section 102 of the Illinois | 26 | | Controlled Substances Act,
and shall also include cannabis as |
| | | HB4386 Enrolled | - 5 - | LRB098 16892 MLW 51967 b |
|
| 1 | | defined in Section 3 of the Cannabis Control
Act and | 2 | | methamphetamine as defined in Section 10 of the Methamphetamine | 3 | | Control and Community Protection Act.
| 4 | | (8) Conviction. "Conviction" means an unvacated | 5 | | adjudication of guilt
or a determination that a person has | 6 | | violated or failed to comply with the
law in a court of | 7 | | original jurisdiction or by an authorized administrative
| 8 | | tribunal; an unvacated forfeiture of bail or collateral | 9 | | deposited to secure
the person's appearance in court; a plea of | 10 | | guilty or nolo contendere accepted by the court; the payment of | 11 | | a fine or court cost
regardless of whether the imposition of | 12 | | sentence is deferred and ultimately
a judgment dismissing the | 13 | | underlying charge is entered; or a violation of a
condition of | 14 | | release without bail, regardless of whether or not the penalty
| 15 | | is rebated, suspended or probated.
| 16 | | (8.5) Day. "Day" means calendar day.
| 17 | | (9) (Blank).
| 18 | | (10) (Blank).
| 19 | | (11) (Blank).
| 20 | | (12) (Blank).
| 21 | | (13) Driver. "Driver" means any person who drives, | 22 | | operates, or is in
physical control of a commercial motor | 23 | | vehicle, any person who is required to hold a
CDL, or any | 24 | | person who is a holder of a CDL while operating a | 25 | | non-commercial motor vehicle.
| 26 | | (13.5) Driver applicant. "Driver applicant" means an |
| | | HB4386 Enrolled | - 6 - | LRB098 16892 MLW 51967 b |
|
| 1 | | individual who applies to a state to obtain, transfer, upgrade, | 2 | | or renew a CDL.
| 3 | | (13.8) Electronic device. "Electronic device" includes, | 4 | | but is not limited to, a cellular telephone, personal digital | 5 | | assistant, pager, computer, or any other device used to input, | 6 | | write, send, receive, or read text. | 7 | | (14) Employee. "Employee" means a person who is employed as | 8 | | a
commercial
motor vehicle driver. A person who is | 9 | | self-employed as a commercial motor
vehicle driver must comply | 10 | | with the requirements of this UCDLA
pertaining to employees. An
| 11 | | owner-operator on a long-term lease shall be considered an | 12 | | employee.
| 13 | | (15) Employer. "Employer" means a person (including the | 14 | | United
States, a State or a local authority) who owns or leases | 15 | | a commercial motor
vehicle or assigns employees to operate such | 16 | | a vehicle. A person who is
self-employed as a commercial motor | 17 | | vehicle driver must
comply with the requirements of this UCDLA.
| 18 | | (15.3) Excepted interstate. "Excepted interstate" means a | 19 | | person who operates or expects to operate in interstate | 20 | | commerce, but engages exclusively in transportation or | 21 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | 22 | | 398.3 from all or part of the qualification requirements of 49 | 23 | | C.F.R. Part 391 and is not required to obtain a medical | 24 | | examiner's certificate by 49 C.F.R. 391.45. | 25 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 26 | | person who operates in intrastate commerce but engages |
| | | HB4386 Enrolled | - 7 - | LRB098 16892 MLW 51967 b |
|
| 1 | | exclusively in transportation or operations excepted from all | 2 | | or parts of the state driver qualification requirements. | 3 | | (16) (Blank).
| 4 | | (16.5) Fatality. "Fatality" means the death of a person as | 5 | | a result of a motor vehicle accident.
| 6 | | (16.7) Foreign commercial driver. "Foreign commercial | 7 | | driver" means a person licensed to operate a commercial motor | 8 | | vehicle by an authority outside the United States, or a citizen | 9 | | of a foreign country who operates a commercial motor vehicle in | 10 | | the United States. | 11 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 12 | | sovereign
jurisdiction that does not fall within the definition | 13 | | of "State".
| 14 | | (18) (Blank).
| 15 | | (19) (Blank).
| 16 | | (20) Hazardous materials. "Hazardous Material" means any | 17 | | material that has been designated under 49 U.S.C.
5103 and is | 18 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 19 | | or any quantity of a material listed as a select agent or toxin | 20 | | in 42 C.F.R. part 73.
| 21 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 22 | | existence of any a condition of a vehicle, employee, or | 23 | | commercial motor vehicle operations that substantially | 24 | | increases the presents a substantial likelihood of that death, | 25 | | serious illness, severe personal injury , or death if not | 26 | | discontinued immediately; or a condition relating to hazardous |
| | | HB4386 Enrolled | - 8 - | LRB098 16892 MLW 51967 b |
|
| 1 | | material that presents a substantial likelihood that death, | 2 | | serious illness, severe personal injury, or a substantial | 3 | | endangerment to health, property, or the environment may occur | 4 | | before the reasonably foreseeable completion date of a formal | 5 | | proceeding begun to lessen the risk of that death, illness, | 6 | | injury or endangerment.
| 7 | | (21) Long-term lease. "Long-term lease" means a lease of a | 8 | | commercial
motor vehicle by the owner-lessor to a lessee, for a | 9 | | period of more than 29
days.
| 10 | | (21.1) Medical examiner. "Medical examiner" means an | 11 | | individual certified by the Federal Motor Carrier Safety | 12 | | Administration and listed on the National Registry of Certified | 13 | | Medical Examiners in accordance with Federal Motor Carrier | 14 | | Safety Regulations, 49 CFR 390.101 et seq a person who is | 15 | | licensed, certified, or registered in accordance with | 16 | | applicable state laws and regulations to perform physical | 17 | | examinations. The term includes but is not limited to doctors | 18 | | of medicine, doctors of osteopathy, physician assistants, | 19 | | advanced practice nurses, and doctors of chiropractic . | 20 | | (21.2) Medical examiner's certificate. "Medical examiner's | 21 | | certificate" means a document prescribed or approved by the | 22 | | Secretary of State that is issued by a medical examiner to a | 23 | | driver to medically qualify him or her to drive. | 24 | | (21.5) Medical variance. "Medical variance" means a driver | 25 | | has received one of the following from the Federal Motor | 26 | | Carrier Safety Administration which allows the driver to be |
| | | HB4386 Enrolled | - 9 - | LRB098 16892 MLW 51967 b |
|
| 1 | | issued a medical certificate: (1) an exemption letter | 2 | | permitting operation of a commercial motor vehicle pursuant to | 3 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 4 | | skill performance evaluation (SPE) certificate permitting | 5 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 6 | | 391.49. | 7 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile | 8 | | communication device that falls under or uses any commercial | 9 | | mobile radio service, as defined in regulations of the Federal | 10 | | Communications Commission, 47 CFR 20.3. It does not include | 11 | | two-way or citizens band radio services. | 12 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 13 | | which is self-propelled, and every vehicle which is propelled | 14 | | by electric
power obtained from over head trolley wires but not | 15 | | operated upon rails,
except vehicles moved solely by human | 16 | | power and motorized wheel chairs.
| 17 | | (22.2) Motor vehicle record. "Motor vehicle record" means a | 18 | | report of the driving status and history of a driver generated | 19 | | from the driver record provided to users, such as drivers or | 20 | | employers, and is subject to the provisions of the Driver | 21 | | Privacy Protection Act, 18 U.S.C. 2721-2725. | 22 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 23 | | combination of motor vehicles not defined by the term | 24 | | "commercial motor vehicle" or "CMV" in this Section.
| 25 | | (22.7) Non-excepted interstate. "Non-excepted interstate" | 26 | | means a person who operates or expects to operate in interstate |
| | | HB4386 Enrolled | - 10 - | LRB098 16892 MLW 51967 b |
|
| 1 | | commerce, is subject to and meets the qualification | 2 | | requirements under 49 C.F.R. Part 391, and is required to | 3 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 4 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 5 | | means a person who operates only in intrastate commerce and is | 6 | | subject to State driver qualification requirements. | 7 | | (23) Non-resident CDL. "Non-resident CDL" means a | 8 | | commercial driver's
license issued by a state under either of | 9 | | the following two conditions: | 10 | | (i) to an individual domiciled in a foreign country | 11 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | 12 | | of the Federal Motor Carrier Safety Administration.
| 13 | | (ii) to an individual domiciled in another state | 14 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | 15 | | of the Federal Motor Carrier Safety Administration.
| 16 | | (24) (Blank).
| 17 | | (25) (Blank).
| 18 | | (25.5) Railroad-Highway Grade Crossing Violation. | 19 | | "Railroad-highway
grade
crossing violation" means a
violation, | 20 | | while operating a commercial motor vehicle, of
any
of the | 21 | | following:
| 22 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
| 23 | | Code.
| 24 | | (B) Any other similar
law or local ordinance of any | 25 | | state relating to
railroad-highway grade crossing.
| 26 | | (25.7) School Bus. "School bus" means a commercial motor |
| | | HB4386 Enrolled | - 11 - | LRB098 16892 MLW 51967 b |
|
| 1 | | vehicle used to transport pre-primary, primary, or secondary | 2 | | school students from home to school, from school to home, or to | 3 | | and from school-sponsored events. "School bus" does not include | 4 | | a bus used as a common carrier.
| 5 | | (26) Serious Traffic Violation. "Serious traffic | 6 | | violation"
means:
| 7 | | (A) a conviction when operating a commercial motor | 8 | | vehicle, or when operating a non-CMV while holding a CDL,
| 9 | | of:
| 10 | | (i) a violation relating to excessive speeding,
| 11 | | involving a single speeding charge of 15 miles per hour | 12 | | or more above the
legal speed limit; or
| 13 | | (ii) a violation relating to reckless driving; or
| 14 | | (iii) a violation of any State law or local | 15 | | ordinance relating to motor
vehicle traffic control | 16 | | (other than parking violations) arising in
connection | 17 | | with a fatal traffic accident; or
| 18 | | (iv) a violation of Section 6-501, relating to | 19 | | having multiple driver's
licenses; or
| 20 | | (v) a violation of paragraph (a) of Section 6-507, | 21 | | relating to the
requirement to have a valid CDL; or
| 22 | | (vi) a violation relating to improper or erratic | 23 | | traffic lane changes;
or
| 24 | | (vii) a violation relating to following another | 25 | | vehicle too closely; or
| 26 | | (viii) a violation relating to texting while |
| | | HB4386 Enrolled | - 12 - | LRB098 16892 MLW 51967 b |
|
| 1 | | driving; or | 2 | | (ix) a violation relating to the use of a hand-held | 3 | | mobile telephone while driving; or
| 4 | | (B) any other similar violation of a law or local
| 5 | | ordinance of any state relating to motor vehicle traffic | 6 | | control, other
than a parking violation, which the | 7 | | Secretary of State determines by
administrative rule to be | 8 | | serious.
| 9 | | (27) State. "State" means a state of the United States, the | 10 | | District of
Columbia and any province or territory of Canada.
| 11 | | (28) (Blank).
| 12 | | (29) (Blank).
| 13 | | (30) (Blank).
| 14 | | (31) (Blank).
| 15 | | (32) Texting. "Texting" means manually entering | 16 | | alphanumeric text into, or reading text from, an electronic | 17 | | device. | 18 | | (1) Texting includes, but is not limited to, short | 19 | | message service, emailing, instant messaging, a command or | 20 | | request to access a World Wide Web page, pressing more than | 21 | | a single button to initiate or terminate a voice | 22 | | communication using a mobile telephone, or engaging in any | 23 | | other form of electronic text retrieval or entry for | 24 | | present or future communication. | 25 | | (2) Texting does not include: | 26 | | (i) inputting, selecting, or reading information |
| | | HB4386 Enrolled | - 13 - | LRB098 16892 MLW 51967 b |
|
| 1 | | on a global positioning system or navigation system; or | 2 | | (ii) pressing a single button to initiate or | 3 | | terminate a voice communication using a mobile | 4 | | telephone; or | 5 | | (iii) using a device capable of performing | 6 | | multiple functions (for example, a fleet management | 7 | | system, dispatching device, smart phone, citizens band | 8 | | radio, or music player) for a purpose that is not | 9 | | otherwise prohibited by Part 392 of the Federal Motor | 10 | | Carrier Safety Regulations. | 11 | | (33) Use a hand-held mobile telephone. "Use a hand-held | 12 | | mobile telephone" means: | 13 | | (1) using at least one hand to hold a mobile telephone | 14 | | to conduct a voice communication; | 15 | | (2) dialing or answering a mobile telephone by pressing | 16 | | more than a single button; or | 17 | | (3) reaching for a mobile telephone in a manner that | 18 | | requires a driver to maneuver so that he or she is no | 19 | | longer in a seated driving position, restrained by a seat | 20 | | belt that is installed in accordance with 49 CFR 393.93 and | 21 | | adjusted in accordance with the vehicle manufacturer's | 22 | | instructions. | 23 | | (Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | 24 | | eff. 1-1-13; 98-463, eff. 8-16-13.) | 25 | | (Text of Section after amendment by P.A. 98-176 ) |
| | | HB4386 Enrolled | - 14 - | LRB098 16892 MLW 51967 b |
|
| 1 | | Sec. 6-500. Definitions of words and phrases. | 2 | | Notwithstanding the
definitions set forth elsewhere in this
| 3 | | Code, for purposes of the Uniform Commercial Driver's License | 4 | | Act
(UCDLA), the words and phrases listed below have the | 5 | | meanings
ascribed to them as follows:
| 6 | | (1) Alcohol. "Alcohol" means any substance containing any | 7 | | form of
alcohol, including but not limited to ethanol,
| 8 | | methanol,
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 | 17 | | being
"stopped or detained" shall be considered that driver's | 18 | | "alcohol
concentration" for the purposes of enforcing this | 19 | | UCDLA.
| 20 | | (3) (Blank).
| 21 | | (4) (Blank).
| 22 | | (5) (Blank).
| 23 | | (5.3) CDLIS driver record. "CDLIS driver record" means the | 24 | | electronic record of the individual CDL driver's status and | 25 | | history stored by the State-of-Record as part of the Commercial | 26 | | Driver's License Information System, or CDLIS, established |
| | | HB4386 Enrolled | - 15 - | LRB098 16892 MLW 51967 b |
|
| 1 | | under 49 U.S.C. 31309. | 2 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | 3 | | record" or "CDLIS MVR" means a report generated from the CDLIS | 4 | | driver record meeting the requirements for access to CDLIS | 5 | | information and provided by states to users authorized in 49 | 6 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | 7 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | 8 | | (5.7) Commercial driver's license downgrade. "Commercial | 9 | | driver'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 |
| | | HB4386 Enrolled | - 16 - | LRB098 16892 MLW 51967 b |
|
| 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 |
| | | HB4386 Enrolled | - 17 - | LRB098 16892 MLW 51967 b |
|
| 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 | 17 | | have the same
meaning as defined in Section 102 of the Illinois | 18 | | Controlled Substances Act,
and shall also include cannabis as | 19 | | defined in Section 3 of the Cannabis Control
Act and | 20 | | methamphetamine as defined in Section 10 of the Methamphetamine | 21 | | Control and Community Protection Act.
| 22 | | (8) Conviction. "Conviction" means an unvacated | 23 | | adjudication of guilt
or a determination that a person has | 24 | | violated or failed to comply with the
law in a court of | 25 | | original jurisdiction or by an authorized administrative
| 26 | | tribunal; an unvacated forfeiture of bail or collateral |
| | | HB4386 Enrolled | - 18 - | LRB098 16892 MLW 51967 b |
|
| 1 | | deposited to secure
the person's appearance in court; a plea of | 2 | | guilty or nolo contendere accepted by the court; the payment of | 3 | | a fine or court cost
regardless of whether the imposition of | 4 | | sentence is deferred and ultimately
a judgment dismissing the | 5 | | underlying charge is entered; or a violation of a
condition of | 6 | | release without bail, regardless of whether or not the penalty
| 7 | | is 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, | 14 | | operates, or is in
physical control of a commercial motor | 15 | | vehicle, any person who is required to hold a
CDL, or any | 16 | | person who is a holder of a CDL while operating a | 17 | | non-commercial motor vehicle.
| 18 | | (13.5) Driver applicant. "Driver applicant" means an | 19 | | individual who applies to a state or other jurisdiction to | 20 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | 21 | | a CLP.
| 22 | | (13.8) Electronic device. "Electronic device" includes, | 23 | | but is not limited to, a cellular telephone, personal digital | 24 | | assistant, pager, computer, or any other device used to input, | 25 | | write, send, receive, or read text. | 26 | | (14) Employee. "Employee" means a person who is employed as |
| | | HB4386 Enrolled | - 19 - | LRB098 16892 MLW 51967 b |
|
| 1 | | a
commercial
motor vehicle driver. A person who is | 2 | | self-employed as a commercial motor
vehicle driver must comply | 3 | | with the requirements of this UCDLA
pertaining to employees. An
| 4 | | owner-operator on a long-term lease shall be considered an | 5 | | employee.
| 6 | | (15) Employer. "Employer" means a person (including the | 7 | | United
States, a State or a local authority) who owns or leases | 8 | | a commercial motor
vehicle or assigns employees to operate such | 9 | | a vehicle. A person who is
self-employed as a commercial motor | 10 | | vehicle driver must
comply with the requirements of this UCDLA.
| 11 | | (15.1) Endorsement. "Endorsement" means an authorization | 12 | | to an individual's CLP or CDL required to permit the individual | 13 | | to operate certain types of commercial motor vehicles. | 14 | | (15.3) Excepted interstate. "Excepted interstate" means a | 15 | | person who operates or expects to operate in interstate | 16 | | commerce, but engages exclusively in transportation or | 17 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | 18 | | 398.3 from all or part of the qualification requirements of 49 | 19 | | C.F.R. Part 391 and is not required to obtain a medical | 20 | | examiner's certificate by 49 C.F.R. 391.45. | 21 | | (15.5) Excepted intrastate. "Excepted intrastate" means a | 22 | | person who operates in intrastate commerce but engages | 23 | | exclusively in transportation or operations excepted from all | 24 | | or parts of the state driver qualification requirements. | 25 | | (16) (Blank).
| 26 | | (16.5) Fatality. "Fatality" means the death of a person as |
| | | HB4386 Enrolled | - 20 - | LRB098 16892 MLW 51967 b |
|
| 1 | | a result of a motor vehicle accident.
| 2 | | (16.7) Foreign commercial driver. "Foreign commercial | 3 | | driver" means a person licensed to operate a commercial motor | 4 | | vehicle by an authority outside the United States, or a citizen | 5 | | of a foreign country who operates a commercial motor vehicle in | 6 | | the United States. | 7 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | 8 | | sovereign
jurisdiction that does not fall within the definition | 9 | | of "State".
| 10 | | (18) (Blank).
| 11 | | (19) (Blank).
| 12 | | (20) Hazardous materials. "Hazardous Material" means any | 13 | | material that has been designated under 49 U.S.C.
5103 and is | 14 | | required to be placarded under subpart F of 49 C.F.R. part 172 | 15 | | or any quantity of a material listed as a select agent or toxin | 16 | | in 42 C.F.R. part 73.
| 17 | | (20.5) Imminent Hazard. "Imminent hazard" means the | 18 | | existence of any a condition of a vehicle, employee, or | 19 | | commercial motor vehicle operations relating to hazardous | 20 | | material that substantially increases the presents a | 21 | | substantial likelihood of that death, serious illness, severe | 22 | | personal injury , or death if not discontinued immediately; or a | 23 | | condition relating to hazardous material that presents a | 24 | | substantial likelihood that death, serious illness, severe | 25 | | personal injury, or a substantial endangerment to health, | 26 | | property, or the environment may occur before the reasonably |
| | | HB4386 Enrolled | - 21 - | LRB098 16892 MLW 51967 b |
|
| 1 | | foreseeable completion date of a formal proceeding begun to | 2 | | lessen the risk of that death, illness, injury or endangerment.
| 3 | | (20.6) Issuance. "Issuance" means initial issuance, | 4 | | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | 5 | | CLP or CDL. | 6 | | (20.7) Issue. "Issue" means initial issuance, transfer, | 7 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | 8 | | non-domiciled CDL. | 9 | | (21) Long-term lease. "Long-term lease" means a lease of a | 10 | | commercial
motor vehicle by the owner-lessor to a lessee, for a | 11 | | period of more than 29
days.
| 12 | | (21.01) Manual transmission. "Manual transmission" means a | 13 | | transmission utilizing a driver-operated clutch that is | 14 | | activated by a pedal or lever and a gear-shift mechanism | 15 | | operated either by hand or foot including those known as a | 16 | | stick shift, stick, straight drive, or standard transmission. | 17 | | All other transmissions, whether semi-automatic or automatic, | 18 | | shall be considered automatic for the purposes of the | 19 | | standardized restriction code. | 20 | | (21.1) Medical examiner. "Medical examiner" means an | 21 | | individual certified by the Federal Motor Carrier Safety | 22 | | Administration and listed on the National Registry of Certified | 23 | | Medical Examiners in accordance with Federal Motor Carrier | 24 | | Safety Regulations, 49 CFR 390.101 et seq a person who is | 25 | | licensed, certified, or registered in accordance with | 26 | | applicable state laws and regulations to perform physical |
| | | HB4386 Enrolled | - 22 - | LRB098 16892 MLW 51967 b |
|
| 1 | | examinations. The term includes but is not limited to doctors | 2 | | of medicine, doctors of osteopathy, physician assistants, | 3 | | advanced practice nurses, and doctors of chiropractic . | 4 | | (21.2) Medical examiner's certificate. "Medical examiner's | 5 | | certificate" means a document prescribed or approved by the | 6 | | Secretary of State that is issued by a medical examiner to a | 7 | | driver to medically qualify him or her to drive. | 8 | | (21.5) Medical variance. "Medical variance" means a driver | 9 | | has received one of the following from the Federal Motor | 10 | | Carrier Safety Administration which allows the driver to be | 11 | | issued a medical certificate: (1) an exemption letter | 12 | | permitting operation of a commercial motor vehicle pursuant to | 13 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | 14 | | skill performance evaluation (SPE) certificate permitting | 15 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. | 16 | | 391.49. | 17 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile | 18 | | communication device that falls under or uses any commercial | 19 | | mobile radio service, as defined in regulations of the Federal | 20 | | Communications Commission, 47 CFR 20.3. It does not include | 21 | | two-way or citizens band radio services. | 22 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| 23 | | which is self-propelled, and every vehicle which is propelled | 24 | | by electric
power obtained from over head trolley wires but not | 25 | | operated upon rails,
except vehicles moved solely by human | 26 | | power and motorized wheel chairs.
|
| | | HB4386 Enrolled | - 23 - | LRB098 16892 MLW 51967 b |
|
| 1 | | (22.2) Motor vehicle record. "Motor vehicle record" means a | 2 | | report of the driving status and history of a driver generated | 3 | | from the driver record provided to users, such as drivers or | 4 | | employers, and is subject to the provisions of the Driver | 5 | | Privacy Protection Act, 18 U.S.C. 2721-2725. | 6 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | 7 | | combination 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" | 10 | | means a person who operates or expects to operate in interstate | 11 | | commerce, is subject to and meets the qualification | 12 | | requirements under 49 C.F.R. Part 391, and is required to | 13 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | 14 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | 15 | | means a person who operates only in intrastate commerce and is | 16 | | subject 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, | 19 | | respectively, issued by a state or other jurisdiction under | 20 | | either 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.
|
| | | HB4386 Enrolled | - 24 - | LRB098 16892 MLW 51967 b |
|
| 1 | | (24) (Blank).
| 2 | | (25) (Blank).
| 3 | | (25.5) Railroad-Highway Grade Crossing Violation. | 4 | | "Railroad-highway
grade
crossing violation" means a
violation, | 5 | | while operating a commercial motor vehicle, of
any
of the | 6 | | following:
| 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 | 11 | | vehicle used to transport pre-primary, primary, or secondary | 12 | | school students from home to school, from school to home, or to | 13 | | and from school-sponsored events. "School bus" does not include | 14 | | a bus used as a common carrier.
| 15 | | (26) Serious Traffic Violation. "Serious traffic | 16 | | violation"
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 |
| | | HB4386 Enrolled | - 25 - | LRB098 16892 MLW 51967 b |
|
| 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 CDL; or
| 6 | | (vi) a violation relating to improper or erratic | 7 | | traffic lane changes;
or
| 8 | | (vii) a violation relating to following another | 9 | | vehicle too closely; or
| 10 | | (viii) a violation relating to texting while | 11 | | driving; or | 12 | | (ix) a violation relating to the use of a hand-held | 13 | | mobile telephone while driving; or
| 14 | | (B) any other similar violation of a law or local
| 15 | | ordinance of any state relating to motor vehicle traffic | 16 | | control, other
than a parking violation, which the | 17 | | Secretary of State determines by
administrative rule to be | 18 | | serious.
| 19 | | (27) State. "State" means a state of the United States, the | 20 | | District of
Columbia and any province or territory of Canada.
| 21 | | (28) (Blank).
| 22 | | (29) (Blank).
| 23 | | (30) (Blank).
| 24 | | (31) (Blank).
| 25 | | (32) Texting. "Texting" means manually entering | 26 | | alphanumeric text into, or reading text from, an electronic |
| | | HB4386 Enrolled | - 26 - | LRB098 16892 MLW 51967 b |
|
| 1 | | device. | 2 | | (1) Texting includes, but is not limited to, short | 3 | | message service, emailing, instant messaging, a command or | 4 | | request to access a World Wide Web page, pressing more than | 5 | | a single button to initiate or terminate a voice | 6 | | communication using a mobile telephone, or engaging in any | 7 | | other form of electronic text retrieval or entry for | 8 | | present or future communication. | 9 | | (2) Texting does not include: | 10 | | (i) inputting, selecting, or reading information | 11 | | on a global positioning system or navigation system; or | 12 | | (ii) pressing a single button to initiate or | 13 | | terminate a voice communication using a mobile | 14 | | telephone; or | 15 | | (iii) using a device capable of performing | 16 | | multiple functions (for example, a fleet management | 17 | | system, dispatching device, smart phone, citizens band | 18 | | radio, or music player) for a purpose that is not | 19 | | otherwise prohibited by Part 392 of the Federal Motor | 20 | | Carrier Safety Regulations. | 21 | | (32.3) Third party skills test examiner. "Third party | 22 | | skills test examiner" means a person employed by a third party | 23 | | tester who is authorized by the State to administer the CDL | 24 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | 25 | | (32.5) Third party tester. "Third party tester" means a | 26 | | person (including, but not limited to, another state, a motor |
| | | HB4386 Enrolled | - 27 - | LRB098 16892 MLW 51967 b |
|
| 1 | | carrier, a private driver training facility or other private | 2 | | institution, or a department, agency, or instrumentality of a | 3 | | local government) authorized by the State to employ skills test | 4 | | examiners to administer the CDL skills tests specified in 49 | 5 | | C.F.R. Part 383, subparts G and H. | 6 | | (32.7) United States. "United States" means the 50 states | 7 | | and the District of Columbia. | 8 | | (33) Use a hand-held mobile telephone. "Use a hand-held | 9 | | mobile telephone" means: | 10 | | (1) using at least one hand to hold a mobile telephone | 11 | | to conduct a voice communication; | 12 | | (2) dialing or answering a mobile telephone by pressing | 13 | | more than a single button; or | 14 | | (3) reaching for a mobile telephone in a manner that | 15 | | requires a driver to maneuver so that he or she is no | 16 | | longer in a seated driving position, restrained by a seat | 17 | | belt that is installed in accordance with 49 CFR 393.93 and | 18 | | adjusted in accordance with the vehicle manufacturer's | 19 | | instructions. | 20 | | (Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | 21 | | eff. 1-1-13; 98-176, eff. 7-1-14; 98-463, eff. 8-16-13.)
| 22 | | (625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
| 23 | | (Text of Section before amendment by P.A. 98-176 )
| 24 | | Sec. 6-506. Commercial motor vehicle driver - | 25 | | employer/owner
responsibilities. |
| | | HB4386 Enrolled | - 28 - | LRB098 16892 MLW 51967 b |
|
| 1 | | (a) No employer or commercial motor
vehicle owner shall
| 2 | | knowingly allow, permit,
authorize, or require an employee to | 3 | | drive a commercial motor
vehicle on the highways if he or she | 4 | | knows or should reasonably know that the during any period in | 5 | | which such employee:
| 6 | | (1) has a driver's license suspended, revoked or | 7 | | cancelled by any state;
or
| 8 | | (2) has lost the privilege to drive a commercial motor | 9 | | vehicle in any
state; or
| 10 | | (3) has been disqualified from driving a
commercial | 11 | | motor vehicle; or
| 12 | | (4) has more than one driver's license, except as | 13 | | provided
by this UCDLA; or
| 14 | | (5) is subject to or in violation of an | 15 | | "out-of-service" order.
| 16 | | (b) No employer or commercial motor vehicle owner shall
| 17 | | knowingly allow,
permit, authorize, or require a driver to | 18 | | operate a commercial motor vehicle in
violation of any law or | 19 | | regulation pertaining to railroad-highway grade
crossings.
| 20 | | (b-3) No employer or commercial motor vehicle owner shall | 21 | | knowingly allow, permit, authorize, or require a driver to | 22 | | operate a commercial motor vehicle during any period in which | 23 | | the commercial motor vehicle is subject to an "out-of-service" | 24 | | order. | 25 | | (b-5) No employer or commercial motor vehicle owner shall | 26 | | knowingly allow, permit, authorize, or require a driver to |
| | | HB4386 Enrolled | - 29 - | LRB098 16892 MLW 51967 b |
|
| 1 | | operate a commercial motor vehicle during any period in which | 2 | | the motor carrier operation is subject to an "out-of-service" | 3 | | order.
| 4 | | (c) Any employer convicted of violating subsection (a), | 5 | | (b-3), or (b-5) of this
Section, whether
individually or
in | 6 | | connection with one or more other persons, or as principal | 7 | | agent, or
accessory, shall be guilty of a Class A misdemeanor.
| 8 | | (Source: P.A. 95-382, eff. 8-23-07.)
| 9 | | (Text of Section after amendment by P.A. 98-176 )
| 10 | | Sec. 6-506. Commercial motor vehicle driver - | 11 | | employer/owner
responsibilities. | 12 | | (a) No employer or commercial motor
vehicle owner shall
| 13 | | knowingly allow, permit,
authorize, or require an employee to | 14 | | drive a commercial motor
vehicle on the highways if he or she | 15 | | knows or should reasonably know that the during any period in | 16 | | which such employee:
| 17 | | (1) has a driver's license suspended, revoked or | 18 | | cancelled by any state;
or
| 19 | | (2) has lost the privilege to drive a commercial motor | 20 | | vehicle in any
state; or
| 21 | | (3) has been disqualified from driving a
commercial | 22 | | motor vehicle; or
| 23 | | (4) has more than one CLP or CDL, except as provided
by | 24 | | this UCDLA; or
| 25 | | (5) is subject to or in violation of an |
| | | HB4386 Enrolled | - 30 - | LRB098 16892 MLW 51967 b |
|
| 1 | | "out-of-service" order; or
| 2 | | (6) does not have a current CLP or CDL or a CLP or CDL | 3 | | with the proper class or endorsements. An employer may not | 4 | | use a driver to operate a CMV who violates any restriction | 5 | | on the driver's CLP or CDL. | 6 | | (b) No employer or commercial motor vehicle owner shall
| 7 | | knowingly allow,
permit, authorize, or require a driver to | 8 | | operate a commercial motor vehicle in
violation of any law or | 9 | | regulation pertaining to railroad-highway grade
crossings.
| 10 | | (b-3) No employer or commercial motor vehicle owner shall | 11 | | knowingly allow, permit, authorize, or require a driver to | 12 | | operate a commercial motor vehicle during any period in which | 13 | | the commercial motor vehicle is subject to an "out-of-service" | 14 | | order. | 15 | | (b-5) No employer or commercial motor vehicle owner shall | 16 | | knowingly allow, permit, authorize, or require a driver to | 17 | | operate a commercial motor vehicle during any period in which | 18 | | the motor carrier operation is subject to an "out-of-service" | 19 | | order.
| 20 | | (c) Any employer convicted of violating subsection (a), | 21 | | (b-3), or (b-5) of this
Section, whether
individually or
in | 22 | | connection with one or more other persons, or as principal | 23 | | agent, or
accessory, shall be guilty of a Class A misdemeanor.
| 24 | | (Source: P.A. 98-176, eff. 7-1-14.)
| 25 | | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
|
| | | HB4386 Enrolled | - 31 - | LRB098 16892 MLW 51967 b |
|
| 1 | | (Text of Section before amendment by P.A. 98-176 )
| 2 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 3 | | learner's permit (CLP); disqualifications. Commercial Driver's | 4 | | License (CDL) - Disqualifications.
| 5 | | (a) A person shall be disqualified from driving a | 6 | | commercial motor
vehicle for a period of not less than 12 | 7 | | months for the first violation of:
| 8 | | (1) Refusing to submit to or failure to complete a test | 9 | | or tests authorized under Section 11-501.1
while driving a | 10 | | commercial motor vehicle or, if the driver is a CDL holder, | 11 | | while driving a non-CMV; or
| 12 | | (2) Operating a commercial motor vehicle while the | 13 | | alcohol
concentration of the person's blood, breath or | 14 | | urine is at least 0.04, or any
amount of a drug, substance, | 15 | | or compound in the person's blood or urine
resulting from | 16 | | the unlawful use or consumption of cannabis listed in the
| 17 | | Cannabis Control Act, a controlled substance listed in the | 18 | | Illinois
Controlled Substances Act, or methamphetamine as | 19 | | listed in the Methamphetamine Control and Community | 20 | | Protection Act as indicated by a police officer's sworn | 21 | | report or
other verified evidence; or operating a | 22 | | non-commercial motor vehicle while the alcohol | 23 | | concentration of the person's blood, breath, or urine was | 24 | | above the legal limit defined in Section 11-501.1 or | 25 | | 11-501.8 or any amount of a drug, substance, or compound in | 26 | | the person's blood or urine resulting from the unlawful use |
| | | HB4386 Enrolled | - 32 - | LRB098 16892 MLW 51967 b |
|
| 1 | | or consumption of cannabis listed in the Cannabis Control | 2 | | Act, a controlled substance listed in the Illinois | 3 | | Controlled Substances Act, or methamphetamine as listed in | 4 | | the Methamphetamine Control and Community Protection Act
| 5 | | as indicated by a police officer's sworn report or other | 6 | | verified evidence while holding a commercial driver's | 7 | | license; or
| 8 | | (3) Conviction for a first violation of:
| 9 | | (i) Driving a commercial motor vehicle or, if the | 10 | | driver is a CDL holder, driving a non-CMV while under | 11 | | the influence of
alcohol, or any other drug, or | 12 | | combination of drugs to a degree which
renders such | 13 | | person incapable of safely driving; or
| 14 | | (ii) Knowingly leaving the scene of an accident | 15 | | while
operating a commercial motor vehicle or, if the | 16 | | driver is a CDL holder, while driving a non-CMV; or
| 17 | | (iii) Driving a commercial motor vehicle or, if the | 18 | | driver is a CDL holder, driving a non-CMV while | 19 | | committing any felony; or | 20 | | (iv) Driving a commercial motor vehicle while the | 21 | | person's driving privileges or driver's license or | 22 | | permit is revoked, suspended, or cancelled or the | 23 | | driver is disqualified from operating a commercial | 24 | | motor vehicle; or | 25 | | (v) Causing a fatality through the negligent | 26 | | operation of a commercial motor vehicle, including but |
| | | HB4386 Enrolled | - 33 - | LRB098 16892 MLW 51967 b |
|
| 1 | | not limited to the crimes of motor vehicle | 2 | | manslaughter, homicide by a motor vehicle, and | 3 | | negligent homicide. | 4 | | As used in this subdivision (a)(3)(v), "motor | 5 | | vehicle manslaughter" means the offense of involuntary | 6 | | manslaughter if committed by means of a vehicle; | 7 | | "homicide by a motor vehicle" means the offense of | 8 | | first degree murder or second degree murder, if either | 9 | | offense is committed by means of a vehicle; and | 10 | | "negligent homicide" means reckless homicide under | 11 | | Section 9-3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012 and aggravated driving under the | 13 | | influence of alcohol, other drug or drugs, | 14 | | intoxicating compound or compounds, or any combination | 15 | | thereof under subdivision (d)(1)(F) of Section 11-501 | 16 | | of this Code.
| 17 | | If any of the above violations or refusals occurred | 18 | | while
transporting hazardous material(s) required to be | 19 | | placarded, the person
shall be disqualified for a period of | 20 | | not less than 3 years; or
| 21 | | (4) If the person is a qualifying patient licensed | 22 | | under the Compassionate Use of Medical Cannabis Pilot | 23 | | Program Act who is in possession of a valid registry card | 24 | | issued under that Act, operating a commercial motor vehicle | 25 | | under impairment resulting from the consumption of | 26 | | cannabis, as determined by failure of standardized field |
| | | HB4386 Enrolled | - 34 - | LRB098 16892 MLW 51967 b |
|
| 1 | | sobriety tests administered by a law enforcement officer as | 2 | | directed by subsection (a-5) of Section 11-501.2. | 3 | | (b) A person is disqualified for life for a second | 4 | | conviction of any of
the offenses specified in paragraph (a), | 5 | | or any combination of those
offenses, arising from 2 or more | 6 | | separate incidents.
| 7 | | (c) A person is disqualified from driving a commercial | 8 | | motor vehicle for
life if the person either (i) uses a | 9 | | commercial motor vehicle in the commission of any felony
| 10 | | involving the manufacture, distribution, or dispensing of a | 11 | | controlled
substance, or possession with intent to | 12 | | manufacture, distribute or dispense
a controlled substance or | 13 | | (ii) if the person is a CDL holder, uses a non-CMV in the | 14 | | commission of a felony involving any of those activities.
| 15 | | (d) The Secretary of State may, when the United States | 16 | | Secretary of
Transportation so authorizes, issue regulations | 17 | | in which a disqualification
for life under paragraph (b) may be | 18 | | reduced to a period of not less than 10
years.
If a reinstated | 19 | | driver is subsequently convicted of another disqualifying
| 20 | | offense, as specified in subsection (a) of this Section, he or | 21 | | she shall be
permanently disqualified for life and shall be | 22 | | ineligible to again apply for a
reduction of the lifetime | 23 | | disqualification.
| 24 | | (e) A person is disqualified from driving a commercial | 25 | | motor vehicle for
a period of not less than 2 months if | 26 | | convicted of 2 serious traffic
violations, committed in a |
| | | HB4386 Enrolled | - 35 - | LRB098 16892 MLW 51967 b |
|
| 1 | | commercial motor vehicle, non-CMV while holding a CDL, or any | 2 | | combination thereof, arising from separate
incidents, | 3 | | occurring within a 3 year period, provided the serious traffic | 4 | | violation committed in a non-CMV would result in the suspension | 5 | | or revocation of the CDL holder's non-CMV privileges. However, | 6 | | a person will be
disqualified from driving a commercial motor | 7 | | vehicle for a period of not less
than 4 months if convicted of | 8 | | 3 serious traffic violations, committed in a
commercial motor | 9 | | vehicle, non-CMV while holding a CDL, or any combination | 10 | | thereof, arising from separate incidents, occurring within a 3
| 11 | | year period, provided the serious traffic violation committed | 12 | | in a non-CMV would result in the suspension or revocation of | 13 | | the CDL holder's non-CMV privileges. If all the convictions | 14 | | occurred in a non-CMV, the disqualification shall be entered | 15 | | only if the convictions would result in the suspension or | 16 | | revocation of the CDL holder's non-CMV privileges.
| 17 | | (e-1) (Blank).
| 18 | | (f) Notwithstanding any other provision of this Code, any | 19 | | driver
disqualified from operating a commercial motor vehicle, | 20 | | pursuant to this
UCDLA, shall not be eligible for restoration | 21 | | of commercial driving
privileges during any such period of | 22 | | disqualification.
| 23 | | (g) After suspending, revoking, or cancelling a commercial | 24 | | driver's
license, the Secretary of State must update the | 25 | | driver's records to reflect
such action within 10 days. After | 26 | | suspending or revoking the driving privilege
of any person who |
| | | HB4386 Enrolled | - 36 - | LRB098 16892 MLW 51967 b |
|
| 1 | | has been issued a CDL or commercial driver instruction permit
| 2 | | from another jurisdiction, the Secretary shall originate | 3 | | notification to
such issuing jurisdiction within 10 days.
| 4 | | (h) The "disqualifications" referred to in this Section | 5 | | shall not be
imposed upon any commercial motor vehicle driver, | 6 | | by the Secretary of
State, unless the prohibited action(s) | 7 | | occurred after March 31, 1992.
| 8 | | (i) A person is disqualified from driving a commercial | 9 | | motor vehicle in
accordance with the following:
| 10 | | (1) For 6 months upon a first conviction of paragraph | 11 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 12 | | of this Code.
| 13 | | (2) For 2 years upon a second conviction of paragraph | 14 | | (2) of subsection
(b) or subsection (b-3) or any | 15 | | combination of paragraphs (2) or (3) of subsection (b) or | 16 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 17 | | within a 10-year period if the second conviction is a | 18 | | violation of paragraph (2) of subsection (b) or subsection | 19 | | (b-3).
| 20 | | (3) For 3 years upon a third or subsequent conviction | 21 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 22 | | any combination of paragraphs (2) or (3) of subsection (b) | 23 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 24 | | within a 10-year period if the third or subsequent | 25 | | conviction is a violation of paragraph (2) of subsection | 26 | | (b) or subsection (b-3).
|
| | | HB4386 Enrolled | - 37 - | LRB098 16892 MLW 51967 b |
|
| 1 | | (4) For one year upon a first conviction of paragraph | 2 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 3 | | of this Code.
| 4 | | (5) For 3 years upon a second conviction of paragraph | 5 | | (3) of subsection
(b) or subsection (b-5) or any | 6 | | combination of paragraphs (2) or (3) of subsection (b) or | 7 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 8 | | within a 10-year period if the second conviction is a | 9 | | violation of paragraph (3) of subsection (b) or (b-5).
| 10 | | (6) For 5 years upon a third or subsequent conviction | 11 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 12 | | any combination of paragraphs (2) or (3) of subsection (b) | 13 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 14 | | within a 10-year period if the third or subsequent | 15 | | conviction is a violation of paragraph (3) of subsection | 16 | | (b) or (b-5).
| 17 | | (j) Disqualification for railroad-highway grade crossing
| 18 | | violation.
| 19 | | (1) General rule. A driver who is convicted of a | 20 | | violation of a federal,
State, or
local law or regulation | 21 | | pertaining to
one of the following 6 offenses at a | 22 | | railroad-highway grade crossing must be
disqualified
from | 23 | | operating a commercial motor vehicle for the period of time | 24 | | specified in
paragraph (2) of this subsection (j) if the | 25 | | offense was committed while
operating a commercial motor | 26 | | vehicle:
|
| | | HB4386 Enrolled | - 38 - | LRB098 16892 MLW 51967 b |
|
| 1 | | (i) For drivers who are not required to always | 2 | | stop, failing to
slow down and check that the tracks | 3 | | are clear of an approaching train or railroad track | 4 | | equipment, as
described in subsection (a-5) of Section | 5 | | 11-1201 of this Code;
| 6 | | (ii) For drivers who are not required to always | 7 | | stop, failing to
stop before reaching the crossing, if | 8 | | the tracks are not clear, as described in
subsection | 9 | | (a) of Section 11-1201 of this Code;
| 10 | | (iii) For drivers who are always required to stop, | 11 | | failing to stop
before driving onto the crossing, as | 12 | | described in Section 11-1202 of this Code;
| 13 | | (iv) For all drivers, failing to have sufficient | 14 | | space to drive
completely through the crossing without | 15 | | stopping, as described in subsection
(b) of Section | 16 | | 11-1425 of this Code;
| 17 | | (v) For all drivers, failing to obey a traffic | 18 | | control device or
the directions of an enforcement | 19 | | official at the crossing, as described in
subdivision | 20 | | (a)2 of Section 11-1201 of this Code;
| 21 | | (vi) For all drivers, failing to negotiate a | 22 | | crossing because of
insufficient undercarriage | 23 | | clearance, as described in subsection (d-1) of
Section | 24 | | 11-1201 of this Code.
| 25 | | (2) Duration of disqualification for railroad-highway | 26 | | grade
crossing violation.
|
| | | HB4386 Enrolled | - 39 - | LRB098 16892 MLW 51967 b |
|
| 1 | | (i) First violation. A driver must be disqualified | 2 | | from operating a
commercial motor vehicle
for not less | 3 | | than 60 days if the driver is convicted of a violation | 4 | | described
in paragraph
(1) of this subsection (j) and, | 5 | | in the three-year period preceding the
conviction, the | 6 | | driver
had no convictions for a violation described in | 7 | | paragraph (1) of this
subsection (j).
| 8 | | (ii) Second violation. A driver must be | 9 | | disqualified from operating a
commercial
motor vehicle
| 10 | | for not less
than 120 days if the driver is convicted
| 11 | | of a violation described in paragraph (1) of this | 12 | | subsection (j) and, in the
three-year
period preceding | 13 | | the conviction, the driver had one other conviction for | 14 | | a
violation
described in paragraph (1) of this | 15 | | subsection (j) that was committed in a
separate
| 16 | | incident.
| 17 | | (iii) Third or subsequent violation. A driver must | 18 | | be disqualified from
operating a
commercial motor | 19 | | vehicle
for not less than one year if the driver is | 20 | | convicted
of a violation described in paragraph (1) of | 21 | | this subsection (j) and, in the
three-year
period | 22 | | preceding the conviction, the driver had 2 or more | 23 | | other convictions for
violations
described in | 24 | | paragraph (1) of this subsection (j) that were | 25 | | committed in
separate incidents.
| 26 | | (k) Upon notification of a disqualification of a driver's |
| | | HB4386 Enrolled | - 40 - | LRB098 16892 MLW 51967 b |
|
| 1 | | commercial motor vehicle privileges imposed by the U.S. | 2 | | Department of Transportation, Federal Motor Carrier Safety | 3 | | Administration, in accordance with 49 C.F.R. 383.52, the | 4 | | Secretary of State shall immediately record to the driving | 5 | | record the notice of disqualification and confirm to the driver | 6 | | the action that has been taken.
| 7 | | (l) A foreign commercial driver is subject to | 8 | | disqualification under this Section. | 9 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | 10 | | 98-122, eff. 1-1-14.) | 11 | | (Text of Section after amendment by P.A. 98-176 )
| 12 | | Sec. 6-514. Commercial driver's license (CDL); commercial | 13 | | learner's permit (CLP); disqualifications. Commercial Driver's | 14 | | License (CDL) - Disqualifications.
| 15 | | (a) A person shall be disqualified from driving a | 16 | | commercial motor
vehicle for a period of not less than 12 | 17 | | months for the first violation of:
| 18 | | (1) Refusing to submit to or failure to complete a test | 19 | | or tests authorized under Section 11-501.1
while driving a | 20 | | commercial motor vehicle or, if the driver is a CLP or CDL | 21 | | holder, while driving a non-CMV; or
| 22 | | (2) Operating a commercial motor vehicle while the | 23 | | alcohol
concentration of the person's blood, breath or | 24 | | urine is at least 0.04, or any
amount of a drug, substance, | 25 | | or compound in the person's blood or urine
resulting from |
| | | HB4386 Enrolled | - 41 - | LRB098 16892 MLW 51967 b |
|
| 1 | | the unlawful use or consumption of cannabis listed in the
| 2 | | Cannabis Control Act, a controlled substance listed in the | 3 | | Illinois
Controlled Substances Act, or methamphetamine as | 4 | | listed in the Methamphetamine Control and Community | 5 | | Protection Act as indicated by a police officer's sworn | 6 | | report or
other verified evidence; or operating a | 7 | | non-commercial motor vehicle while the alcohol | 8 | | concentration of the person's blood, breath, or urine was | 9 | | above the legal limit defined in Section 11-501.1 or | 10 | | 11-501.8 or any amount of a drug, substance, or compound in | 11 | | the person's blood or urine resulting from the unlawful use | 12 | | or consumption of cannabis listed in the Cannabis Control | 13 | | Act, a controlled substance listed in the Illinois | 14 | | Controlled Substances Act, or methamphetamine as listed in | 15 | | the Methamphetamine Control and Community Protection Act
| 16 | | as indicated by a police officer's sworn report or other | 17 | | verified evidence while holding a CLP or CDL; or
| 18 | | (3) Conviction for a first violation of:
| 19 | | (i) Driving a commercial motor vehicle or, if the | 20 | | driver is a CLP or CDL holder, driving a non-CMV while | 21 | | under the influence of
alcohol, or any other drug, or | 22 | | combination of drugs to a degree which
renders such | 23 | | person incapable of safely driving; or
| 24 | | (ii) Knowingly leaving the scene of an accident | 25 | | while
operating a commercial motor vehicle or, if the | 26 | | driver is a CLP or CDL holder, while driving a non-CMV; |
| | | HB4386 Enrolled | - 42 - | LRB098 16892 MLW 51967 b |
|
| 1 | | or
| 2 | | (iii) Driving a commercial motor vehicle or, if the | 3 | | driver is a CLP or CDL holder, driving a non-CMV while | 4 | | committing any felony; or | 5 | | (iv) Driving a commercial motor vehicle while the | 6 | | person's driving privileges or driver's license or | 7 | | permit is revoked, suspended, or cancelled or the | 8 | | driver is disqualified from operating a commercial | 9 | | motor vehicle; or | 10 | | (v) Causing a fatality through the negligent | 11 | | operation of a commercial motor vehicle, including but | 12 | | not limited to the crimes of motor vehicle | 13 | | manslaughter, homicide by a motor vehicle, and | 14 | | negligent homicide. | 15 | | As used in this subdivision (a)(3)(v), "motor | 16 | | vehicle manslaughter" means the offense of involuntary | 17 | | manslaughter if committed by means of a vehicle; | 18 | | "homicide by a motor vehicle" means the offense of | 19 | | first degree murder or second degree murder, if either | 20 | | offense is committed by means of a vehicle; and | 21 | | "negligent homicide" means reckless homicide under | 22 | | Section 9-3 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012 and aggravated driving under the | 24 | | influence of alcohol, other drug or drugs, | 25 | | intoxicating compound or compounds, or any combination | 26 | | thereof under subdivision (d)(1)(F) of Section 11-501 |
| | | HB4386 Enrolled | - 43 - | LRB098 16892 MLW 51967 b |
|
| 1 | | of this Code.
| 2 | | If any of the above violations or refusals occurred | 3 | | while
transporting hazardous material(s) required to be | 4 | | placarded, the person
shall be disqualified for a period of | 5 | | not less than 3 years; or
| 6 | | (4) If the person is a qualifying patient licensed | 7 | | under the Compassionate Use of Medical Cannabis Pilot | 8 | | Program Act who is in possession of a valid registry card | 9 | | issued under that Act, operating a commercial motor vehicle | 10 | | under impairment resulting from the consumption of | 11 | | cannabis, as determined by failure of standardized field | 12 | | sobriety tests administered by a law enforcement officer as | 13 | | directed by subsection (a-5) of Section 11-501.2. | 14 | | (b) A person is disqualified for life for a second | 15 | | conviction of any of
the offenses specified in paragraph (a), | 16 | | or any combination of those
offenses, arising from 2 or more | 17 | | separate incidents.
| 18 | | (c) A person is disqualified from driving a commercial | 19 | | motor vehicle for
life if the person either (i) uses a | 20 | | commercial motor vehicle in the commission of any felony
| 21 | | involving the manufacture, distribution, or dispensing of a | 22 | | controlled
substance, or possession with intent to | 23 | | manufacture, distribute or dispense
a controlled substance or | 24 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | 25 | | commission of a felony involving any of those activities.
| 26 | | (d) The Secretary of State may, when the United States |
| | | HB4386 Enrolled | - 44 - | LRB098 16892 MLW 51967 b |
|
| 1 | | Secretary of
Transportation so authorizes, issue regulations | 2 | | in which a disqualification
for life under paragraph (b) may be | 3 | | reduced to a period of not less than 10
years.
If a reinstated | 4 | | driver is subsequently convicted of another disqualifying
| 5 | | offense, as specified in subsection (a) of this Section, he or | 6 | | she shall be
permanently disqualified for life and shall be | 7 | | ineligible to again apply for a
reduction of the lifetime | 8 | | disqualification.
| 9 | | (e) A person is disqualified from driving a commercial | 10 | | motor vehicle for
a period of not less than 2 months if | 11 | | convicted of 2 serious traffic
violations, committed in a | 12 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 13 | | or any combination thereof, arising from separate
incidents, | 14 | | occurring within a 3 year period, provided the serious traffic | 15 | | violation committed in a non-CMV would result in the suspension | 16 | | or revocation of the CLP or CDL holder's non-CMV privileges. | 17 | | However, a person will be
disqualified from driving a | 18 | | commercial motor vehicle for a period of not less
than 4 months | 19 | | if convicted of 3 serious traffic violations, committed in a
| 20 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, | 21 | | or any combination thereof, arising from separate incidents, | 22 | | occurring within a 3
year period, provided the serious traffic | 23 | | violation committed in a non-CMV would result in the suspension | 24 | | or revocation of the CLP or CDL holder's non-CMV privileges. If | 25 | | all the convictions occurred in a non-CMV, the disqualification | 26 | | shall be entered only if the convictions would result in the |
| | | HB4386 Enrolled | - 45 - | LRB098 16892 MLW 51967 b |
|
| 1 | | suspension or revocation of the CLP or CDL holder's non-CMV | 2 | | privileges.
| 3 | | (e-1) (Blank).
| 4 | | (f) Notwithstanding any other provision of this Code, any | 5 | | driver
disqualified from operating a commercial motor vehicle, | 6 | | pursuant to this
UCDLA, shall not be eligible for restoration | 7 | | of commercial driving
privileges during any such period of | 8 | | disqualification.
| 9 | | (g) After suspending, revoking, or cancelling a CLP or CDL, | 10 | | the Secretary of State must update the driver's records to | 11 | | reflect
such action within 10 days. After suspending or | 12 | | revoking the driving privilege
of any person who has been | 13 | | issued a CLP or CDL from another jurisdiction, the Secretary | 14 | | shall originate notification to
such issuing jurisdiction | 15 | | within 10 days.
| 16 | | (h) The "disqualifications" referred to in this Section | 17 | | shall not be
imposed upon any commercial motor vehicle driver, | 18 | | by the Secretary of
State, unless the prohibited action(s) | 19 | | occurred after March 31, 1992.
| 20 | | (i) A person is disqualified from driving a commercial | 21 | | motor vehicle in
accordance with the following:
| 22 | | (1) For 6 months upon a first conviction of paragraph | 23 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | 24 | | of this Code.
| 25 | | (2) For 2 years upon a second conviction of paragraph | 26 | | (2) of subsection
(b) or subsection (b-3) or any |
| | | HB4386 Enrolled | - 46 - | LRB098 16892 MLW 51967 b |
|
| 1 | | combination of paragraphs (2) or (3) of subsection (b) or | 2 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 3 | | within a 10-year period if the second conviction is a | 4 | | violation of paragraph (2) of subsection (b) or subsection | 5 | | (b-3).
| 6 | | (3) For 3 years upon a third or subsequent conviction | 7 | | of paragraph (2) of
subsection (b) or subsection (b-3) or | 8 | | any combination of paragraphs (2) or (3) of subsection (b) | 9 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 10 | | within a 10-year period if the third or subsequent | 11 | | conviction is a violation of paragraph (2) of subsection | 12 | | (b) or subsection (b-3).
| 13 | | (4) For one year upon a first conviction of paragraph | 14 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | 15 | | of this Code.
| 16 | | (5) For 3 years upon a second conviction of paragraph | 17 | | (3) of subsection
(b) or subsection (b-5) or any | 18 | | combination of paragraphs (2) or (3) of subsection (b) or | 19 | | subsections (b-3) or (b-5) of Section 6-507 of this Code | 20 | | within a 10-year period if the second conviction is a | 21 | | violation of paragraph (3) of subsection (b) or (b-5).
| 22 | | (6) For 5 years upon a third or subsequent conviction | 23 | | of paragraph (3) of
subsection (b) or subsection (b-5) or | 24 | | any combination of paragraphs (2) or (3) of subsection (b) | 25 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code | 26 | | within a 10-year period if the third or subsequent |
| | | HB4386 Enrolled | - 47 - | LRB098 16892 MLW 51967 b |
|
| 1 | | conviction is a violation of paragraph (3) of subsection | 2 | | (b) or (b-5).
| 3 | | (j) Disqualification for railroad-highway grade crossing
| 4 | | violation.
| 5 | | (1) General rule. A driver who is convicted of a | 6 | | violation of a federal,
State, or
local law or regulation | 7 | | pertaining to
one of the following 6 offenses at a | 8 | | railroad-highway grade crossing must be
disqualified
from | 9 | | operating a commercial motor vehicle for the period of time | 10 | | specified in
paragraph (2) of this subsection (j) if the | 11 | | offense was committed while
operating a commercial motor | 12 | | vehicle:
| 13 | | (i) For drivers who are not required to always | 14 | | stop, failing to
slow down and check that the tracks | 15 | | are clear of an approaching train or railroad track | 16 | | equipment, as
described in subsection (a-5) of Section | 17 | | 11-1201 of this Code;
| 18 | | (ii) For drivers who are not required to always | 19 | | stop, failing to
stop before reaching the crossing, if | 20 | | the tracks are not clear, as described in
subsection | 21 | | (a) of Section 11-1201 of this Code;
| 22 | | (iii) For drivers who are always required to stop, | 23 | | failing to stop
before driving onto the crossing, as | 24 | | described in Section 11-1202 of this Code;
| 25 | | (iv) For all drivers, failing to have sufficient | 26 | | space to drive
completely through the crossing without |
| | | HB4386 Enrolled | - 48 - | LRB098 16892 MLW 51967 b |
|
| 1 | | stopping, as described in subsection
(b) of Section | 2 | | 11-1425 of this Code;
| 3 | | (v) For all drivers, failing to obey a traffic | 4 | | control device or
the directions of an enforcement | 5 | | official at the crossing, as described in
subdivision | 6 | | (a)2 of Section 11-1201 of this Code;
| 7 | | (vi) For all drivers, failing to negotiate a | 8 | | crossing because of
insufficient undercarriage | 9 | | clearance, as described in subsection (d-1) of
Section | 10 | | 11-1201 of this Code.
| 11 | | (2) Duration of disqualification for railroad-highway | 12 | | grade
crossing violation.
| 13 | | (i) First violation. A driver must be disqualified | 14 | | from operating a
commercial motor vehicle
for not less | 15 | | than 60 days if the driver is convicted of a violation | 16 | | described
in paragraph
(1) of this subsection (j) and, | 17 | | in the three-year period preceding the
conviction, the | 18 | | driver
had no convictions for a violation described in | 19 | | paragraph (1) of this
subsection (j).
| 20 | | (ii) Second violation. A driver must be | 21 | | disqualified from operating a
commercial
motor vehicle
| 22 | | for not less
than 120 days if the driver is convicted
| 23 | | of a violation described in paragraph (1) of this | 24 | | subsection (j) and, in the
three-year
period preceding | 25 | | the conviction, the driver had one other conviction for | 26 | | a
violation
described in paragraph (1) of this |
| | | HB4386 Enrolled | - 49 - | LRB098 16892 MLW 51967 b |
|
| 1 | | subsection (j) that was committed in a
separate
| 2 | | incident.
| 3 | | (iii) Third or subsequent violation. A driver must | 4 | | be disqualified from
operating a
commercial motor | 5 | | vehicle
for not less than one year if the driver is | 6 | | convicted
of a violation described in paragraph (1) of | 7 | | this subsection (j) and, in the
three-year
period | 8 | | preceding the conviction, the driver had 2 or more | 9 | | other convictions for
violations
described in | 10 | | paragraph (1) of this subsection (j) that were | 11 | | committed in
separate incidents.
| 12 | | (k) Upon notification of a disqualification of a driver's | 13 | | commercial motor vehicle privileges imposed by the U.S. | 14 | | Department of Transportation, Federal Motor Carrier Safety | 15 | | Administration, in accordance with 49 C.F.R. 383.52, the | 16 | | Secretary of State shall immediately record to the driving | 17 | | record the notice of disqualification and confirm to the driver | 18 | | the action that has been taken.
| 19 | | (l) A foreign commercial driver is subject to | 20 | | disqualification under this Section. | 21 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | 22 | | 98-122, eff. 1-1-14; 98-176, eff. 7-1-14; revised 8-8-13.)
| 23 | | (625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
| 24 | | (Text of Section before amendment by P.A. 98-176 )
| 25 | | Sec. 6-518. Notification of Traffic Convictions. |
| | | HB4386 Enrolled | - 50 - | LRB098 16892 MLW 51967 b |
|
| 1 | | (a) Within 5 days after
receiving a report of an Illinois | 2 | | conviction, or other verified evidence,
of any driver who has | 3 | | been issued a CDL by another State or has been issued a foreign | 4 | | commercial driver's license , for a violation
of any law or | 5 | | local ordinance of this State, relating to motor
vehicle | 6 | | traffic control, other than parking violations, committed in | 7 | | any motor vehicle, the Secretary of State must notify the | 8 | | driver
licensing authority which issued such CDL of said | 9 | | conviction.
| 10 | | (b) Within 5 days after
receiving a report of an Illinois | 11 | | conviction, or other verified evidence,
of any driver from | 12 | | another state who is licensed or unlicensed or holds a foreign | 13 | | non-commercial driver's license , for a violation
of any law or | 14 | | local ordinance of this State, relating to motor
vehicle | 15 | | traffic control, other than parking violations, committed in a | 16 | | commercial motor vehicle, the Secretary of State must notify | 17 | | the driver
licensing authority which issued the person's | 18 | | driver's license of the conviction.
| 19 | | (Source: P.A. 96-1080, eff. 7-16-10.)
| 20 | | (Text of Section after amendment by P.A. 98-176 )
| 21 | | Sec. 6-518. Notification of Traffic Convictions. | 22 | | (a) Within 5 days after
receiving a report of an Illinois | 23 | | conviction, or other verified evidence,
of any driver who has | 24 | | been issued a CLP or CDL by another State or has been issued a | 25 | | foreign commercial driver's license , for a violation
of any law |
| | | HB4386 Enrolled | - 51 - | LRB098 16892 MLW 51967 b |
|
| 1 | | or local ordinance of this State, relating to motor
vehicle | 2 | | traffic control, other than parking violations, committed in | 3 | | any motor vehicle, the Secretary of State must notify the | 4 | | driver
licensing authority which issued such CLP or CDL of said | 5 | | conviction.
| 6 | | (b) Within 5 days after
receiving a report of an Illinois | 7 | | conviction, or other verified evidence,
of any driver from | 8 | | another state who is licensed or unlicensed or holds a foreign | 9 | | non-commercial driver's license , for a violation
of any law or | 10 | | local ordinance of this State, relating to motor
vehicle | 11 | | traffic control, other than parking violations, committed in a | 12 | | commercial motor vehicle, the Secretary of State must notify | 13 | | the driver
licensing authority which issued the person's | 14 | | driver's license of the conviction.
| 15 | | (Source: P.A. 98-176, eff. 7-1-14.)
| 16 | | Section 10. "AN ACT concerning transportation", approved | 17 | | August 5, 2013, (Public Act 98-176) is amended by changing | 18 | | Section 99 as follows: | 19 | | (P.A. 98-176, Sec. 99)
| 20 | | Sec. 99. Effective date. This Act takes effect July 8, 2015 | 21 | | July 1, 2014 .
| 22 | | (Source: P.A. 98-176.) | 23 | | Section 95. No acceleration or delay. Where this Act makes |
| | | HB4386 Enrolled | - 52 - | LRB098 16892 MLW 51967 b |
|
| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act. | 7 | | Section 999. Effective date. This Act takes effect upon | 8 | | becoming law.
|
|