Full Text of HB4970 103rd General Assembly
HB4970 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4970 Introduced 2/7/2024, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/6-507 | from Ch. 95 1/2, par. 6-507 | 625 ILCS 5/6-508 | from Ch. 95 1/2, par. 6-508 |
| Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes. |
| |
| | A BILL FOR |
| | | | HB4970 | | LRB103 36370 MXP 66469 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 | 5 | | changing Sections 6-507 and 6-508 as follows: | 6 | | (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507) | 7 | | Sec. 6-507. Commercial Driver's License (CDL) or | 8 | | Commercial Learner's Permit (CLP) required. | 9 | | (a) Except as expressly permitted by this UCDLA, or when | 10 | | driving pursuant to the issuance of a commercial learner's | 11 | | permit and accompanied by the holder of a CDL valid for the | 12 | | vehicle being driven; no person shall drive a commercial motor | 13 | | vehicle on the highways without: | 14 | | (1) a CDL in the driver's possession; | 15 | | (2) having obtained a CLP or CDL; | 16 | | (3) the proper class of CLP or CDL or endorsements or | 17 | | both for the specific vehicle group being operated or for | 18 | | the passengers or type of cargo being transported; or | 19 | | (4) a copy of a medical variance document, if one | 20 | | exists, such as an exemption letter or a skill performance | 21 | | evaluation certificate. | 22 | | (a-5) A CLP or CDL holder whose CLP or CDL is held by this | 23 | | State or any other state in the course of enforcement of a |
| | | HB4970 | - 2 - | LRB103 36370 MXP 66469 b |
|
| 1 | | motor vehicle traffic code and who has not been convicted of a | 2 | | disqualifying offense under 49 C.F.R. 383.51 based on this | 3 | | enforcement, may drive a CMV while holding a dated receipt for | 4 | | the CLP or CDL. | 5 | | (b) Except as otherwise provided by this Code, no person | 6 | | may drive a commercial motor vehicle on the highways while | 7 | | such person's driving privilege, license, or permit is: | 8 | | (1) Suspended, revoked, cancelled, or subject to | 9 | | disqualification. Any person convicted of violating this | 10 | | provision or a similar provision of this or any other | 11 | | state shall have their driving privileges revoked under | 12 | | paragraph 12 of subsection (a) of Section 6-205 of this | 13 | | Code. | 14 | | (2) Subject to or in violation of an "out-of-service" | 15 | | order. Any person who has been issued a CLP or CDL and is | 16 | | convicted of violating this provision or a similar | 17 | | provision of any other state shall be disqualified from | 18 | | operating a commercial motor vehicle under subsection (i) | 19 | | of Section 6-514 of this Code. | 20 | | (3) Subject to or in violation of a driver or vehicle | 21 | | "out of service" order while operating a vehicle designed | 22 | | to transport 16 or more passengers, including the driver, | 23 | | or transporting hazardous materials required to be | 24 | | placarded. Any person who has been issued a CLP or CDL and | 25 | | is convicted of violating this provision or a similar | 26 | | provision of this or any other state shall be disqualified |
| | | HB4970 | - 3 - | LRB103 36370 MXP 66469 b |
|
| 1 | | from operating a commercial motor vehicle under subsection | 2 | | (i) of Section 6-514 of this Code. | 3 | | (b-3) Except as otherwise provided by this Code, no person | 4 | | may drive a commercial motor vehicle on the highways during a | 5 | | period which the commercial motor vehicle or the motor carrier | 6 | | operation is subject to an "out-of-service" order. Any person | 7 | | who is convicted of violating this provision or a similar | 8 | | provision of any other state shall be disqualified from | 9 | | operating a commercial motor vehicle under subsection (i) of | 10 | | Section 6-514 of this Code. | 11 | | (b-5) Except as otherwise provided by this Code, no person | 12 | | may operate a vehicle designed to transport 16 or more | 13 | | passengers including the driver or hazardous materials of a | 14 | | type or quantity that requires the vehicle to be placarded | 15 | | during a period in which the commercial motor vehicle or the | 16 | | motor carrier operation is subject to an "out-of-service" | 17 | | order. Any person who is convicted of violating this provision | 18 | | or a similar provision of any other state shall be | 19 | | disqualified from operating a commercial motor vehicle under | 20 | | subsection (i) of Section 6-514 of this Code. | 21 | | (c) Pursuant to the options provided to the States by FHWA | 22 | | Docket No. MC-88-8, the driver of any motor vehicle controlled | 23 | | or operated by or for a farmer is waived from the requirements | 24 | | of this Section, when such motor vehicle is being used to | 25 | | transport: agricultural products; implements of husbandry; or | 26 | | farm supplies; to and from a farm, as long as such movement is |
| | | HB4970 | - 4 - | LRB103 36370 MXP 66469 b |
|
| 1 | | not over 150 air miles from the originating farm. This waiver | 2 | | does not apply to the driver of any motor vehicle being used in | 3 | | a common or contract carrier type operation. However, for | 4 | | those drivers of any truck-tractor semitrailer combination or | 5 | | combinations registered under subsection (c) of Section 3-815 | 6 | | of this Code, this waiver shall apply only when the driver is a | 7 | | farmer or a member of the farmer's family and the driver is 21 | 8 | | years of age or more and has successfully completed any tests | 9 | | the Secretary of State deems necessary. | 10 | | In addition, the farmer or a member of the farmer's family | 11 | | who operates a truck-tractor semitrailer combination or | 12 | | combinations pursuant to this waiver shall be granted all of | 13 | | the rights and shall be subject to all of the duties and | 14 | | restrictions with respect to Sections 6-514 and 6-515 of this | 15 | | Code applicable to the driver who possesses a commercial | 16 | | driver's license issued under this Code, except that the | 17 | | driver shall not be subject to any additional duties or | 18 | | restrictions contained in Part 382 of the Federal Motor | 19 | | Carrier Safety Regulations that are not otherwise imposed | 20 | | under Section 6-514 or 6-515 of this Code. | 21 | | For purposes of this subsection (c), a member of the | 22 | | farmer's family is a natural or in-law spouse, child, parent, | 23 | | or sibling. | 24 | | As required under the Code of Federal Regulations 49 CFR | 25 | | 390.39, an operator of a covered farm vehicle, as defined | 26 | | under Section 18b-101 of this Code, is exempt from the |
| | | HB4970 | - 5 - | LRB103 36370 MXP 66469 b |
|
| 1 | | requirements of this Section. However, for drivers of any | 2 | | truck-tractor semitrailer combination or combinations | 3 | | operating as a covered farm vehicle, the driver must | 4 | | successfully complete any tests the Secretary of State deems | 5 | | necessary. When operating any truck-tractor semitrailer | 6 | | combination as a covered farm vehicle, the exemption applies | 7 | | only to persons age 21 or older, if operating the vehicle in | 8 | | interstate driving, and to persons at least 18 years of age, if | 9 | | operating the vehicle in intrastate driving. The Secretary may | 10 | | adopt rules necessary to implement this Section. | 11 | | (c-5) An employee of a township or road district with a | 12 | | population of less than 3,000 operating a vehicle within the | 13 | | boundaries of the township or road district for the purpose of | 14 | | removing snow or ice from a roadway by plowing, sanding, or | 15 | | salting is waived from the requirements of this Section when | 16 | | the employee is needed to operate the vehicle because the | 17 | | employee of the township or road district who ordinarily | 18 | | operates the vehicle and who has a commercial driver's license | 19 | | is unable to operate the vehicle or is in need of additional | 20 | | assistance due to a snow emergency. | 21 | | (c-10) A driver of a commercial motor vehicle used | 22 | | primarily in the transportation of propane winter heating fuel | 23 | | or a driver of a motor vehicle used to respond to a pipeline | 24 | | emergency is waived from the requirements of this Section if | 25 | | such requirements would prevent the driver from responding to | 26 | | an emergency condition requiring immediate response as defined |
| | | HB4970 | - 6 - | LRB103 36370 MXP 66469 b |
|
| 1 | | in 49 C.F.R. Part 390.5. | 2 | | (c-15) A driver of a commercial motor vehicle who hauls | 3 | | harvest goods for a farm is waived from the requirements of | 4 | | this Section when the driver: | 5 | | (1) is the owner or an employee of the farm hauling the | 6 | | harvest goods; and | 7 | | (2) is within a 150-mile radius of the farm hauling | 8 | | the harvest goods. | 9 | | (d) Any person convicted of violating this Section, shall | 10 | | be guilty of a Class A misdemeanor. | 11 | | (e) Any person convicted of violating paragraph (1) of | 12 | | subsection (b) of this Section, shall have all driving | 13 | | privileges revoked by the Secretary of State. | 14 | | (f) This Section shall not apply to: | 15 | | (1) A person who currently holds a valid Illinois | 16 | | driver's license, for the type of vehicle being operated, | 17 | | until the expiration of such license or April 1, 1992, | 18 | | whichever is earlier; or | 19 | | (2) A non-Illinois domiciliary who is properly | 20 | | licensed in another State, until April 1, 1992. A | 21 | | non-Illinois domiciliary, if such domiciliary is properly | 22 | | licensed in another State or foreign jurisdiction, until | 23 | | April 1, 1992. | 24 | | (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and | 25 | | Section 10 of P.A. 99-414 for the effective date of changes | 26 | | made by P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff. |
| | | HB4970 | - 7 - | LRB103 36370 MXP 66469 b |
|
| 1 | | 7-22-16.) | 2 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508) | 3 | | Sec. 6-508. Commercial Driver's License (CDL); | 4 | | qualification standards. | 5 | | (a) Testing. | 6 | | (1) General. No person shall be issued an original or | 7 | | renewal CDL unless that person is domiciled in this State | 8 | | or is applying for a non-domiciled CDL under Sections | 9 | | 6-509 and 6-510 of this Code. The Secretary shall cause to | 10 | | be administered such tests as the Secretary deems | 11 | | necessary to meet the requirements of 49 CFR Part 383, | 12 | | subparts F, G, H, and J. | 13 | | (1.5) Effective July 1, 2014, no person shall be | 14 | | issued an original CDL or an upgraded CDL that requires a | 15 | | skills test unless that person has held a CLP, for a | 16 | | minimum of 14 calendar days, for the classification of | 17 | | vehicle and endorsement, if any, for which the person is | 18 | | seeking a CDL. | 19 | | (2) Third party testing. The Secretary of State may | 20 | | authorize a "third party tester", pursuant to 49 CFR | 21 | | 383.75 and 49 CFR 384.228 and 384.229, to administer the | 22 | | skills test or tests specified by the Federal Motor | 23 | | Carrier Safety Administration pursuant to the Commercial | 24 | | Motor Vehicle Safety Act of 1986 and any appropriate | 25 | | federal rule. |
| | | HB4970 | - 8 - | LRB103 36370 MXP 66469 b |
|
| 1 | | (3)(i) Effective February 7, 2020, unless the person | 2 | | is exempted by 49 CFR 380.603, no person shall be issued an | 3 | | original (first time issuance) CDL, an upgraded CDL or a | 4 | | school bus (S), passenger (P), or hazardous Materials (H) | 5 | | endorsement unless the person has successfully completed | 6 | | entry-level driver training (ELDT) taught by a training | 7 | | provider listed on the federal Training Provider Registry. | 8 | | (ii) Persons who obtain a CLP before February 7, 2020 | 9 | | are not required to complete ELDT if the person obtains a | 10 | | CDL before the CLP or renewed CLP expires. | 11 | | (iii) Except for persons seeking the H endorsement, | 12 | | persons must complete the theory and behind-the-wheel | 13 | | (range and public road) portions of ELDT within one year | 14 | | of completing the first portion. | 15 | | (iv) The Secretary shall adopt rules to implement this | 16 | | subsection. | 17 | | (b) Waiver of Skills Test. The Secretary of State may | 18 | | waive the skills test specified in this Section for a driver | 19 | | applicant for a commercial driver license who meets the | 20 | | requirements of 49 CFR 383.77. The Secretary of State shall | 21 | | waive the skills tests specified in this Section for a driver | 22 | | applicant who has military commercial motor vehicle | 23 | | experience, subject to the requirements of 49 CFR 383.77. | 24 | | (b-1) No person shall be issued a CDL unless the person | 25 | | certifies to the Secretary one of the following types of | 26 | | driving operations in which he or she will be engaged: |
| | | HB4970 | - 9 - | LRB103 36370 MXP 66469 b |
|
| 1 | | (1) non-excepted interstate; | 2 | | (2) non-excepted intrastate; | 3 | | (3) excepted interstate; or | 4 | | (4) excepted intrastate. | 5 | | (b-2) (Blank). | 6 | | (b-3) Exemption from new testing requirements for farm | 7 | | vehicles. An individual who operates a commercial driver's | 8 | | license for farm vehicles shall be exempt from new testing | 9 | | requirements if the farm vehicle is used in the State and is | 10 | | used for agricultural purposes. | 11 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 12 | | issued to a person while the person is subject to a | 13 | | disqualification from driving a commercial motor vehicle, or | 14 | | unless otherwise permitted by this Code, while the person's | 15 | | driver's license is suspended, revoked, or cancelled in any | 16 | | state, or any territory or province of Canada; nor may a CLP or | 17 | | CDL be issued to a person who has a CLP or CDL issued by any | 18 | | other state, or foreign jurisdiction, nor may a CDL be issued | 19 | | to a person who has an Illinois CLP unless the person first | 20 | | surrenders all of these licenses or permits. However, a person | 21 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 22 | | is necessary to train or practice for an endorsement or | 23 | | vehicle classification not present on the current CDL. No CDL | 24 | | shall be issued to or renewed for a person who does not meet | 25 | | the requirement of 49 CFR 391.41(b)(11). The requirement may | 26 | | be met with the aid of a hearing aid. |
| | | HB4970 | - 10 - | LRB103 36370 MXP 66469 b |
|
| 1 | | (c-1) The Secretary may issue a CDL with a school bus | 2 | | driver endorsement to allow a person to drive the type of bus | 3 | | described in subsection (d-5) of Section 6-104 of this Code. | 4 | | The CDL with a school bus driver endorsement may be issued only | 5 | | to a person meeting the following requirements: | 6 | | (1) the person has submitted his or her fingerprints | 7 | | to the Illinois State Police in the form and manner | 8 | | prescribed by the Illinois State Police. These | 9 | | fingerprints shall be checked against the fingerprint | 10 | | records now and hereafter filed in the Illinois State | 11 | | Police and Federal Bureau of Investigation criminal | 12 | | history records databases; | 13 | | (2) the person has passed a written test, administered | 14 | | by the Secretary of State, on charter bus operation, | 15 | | charter bus safety, and certain special traffic laws | 16 | | relating to school buses determined by the Secretary of | 17 | | State to be relevant to charter buses, and submitted to a | 18 | | review of the driver applicant's driving habits by the | 19 | | Secretary of State at the time the written test is given; | 20 | | (3) the person has demonstrated physical fitness to | 21 | | operate school buses by submitting the results of a | 22 | | medical examination, including tests for drug use; and | 23 | | (4) the person has not been convicted of committing or | 24 | | attempting to commit any one or more of the following | 25 | | offenses: (i) those offenses defined in Sections 8-1.2, | 26 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
| | | HB4970 | - 11 - | LRB103 36370 MXP 66469 b |
|
| 1 | | 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 2 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, | 3 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 4 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 5 | | 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, | 6 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 7 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1, | 8 | | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, | 9 | | 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 10 | | 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, | 11 | | 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, | 12 | | 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, | 13 | | 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 14 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | 15 | | 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in | 16 | | subsection (b) of Section 8-1, and in subdivisions (a)(1), | 17 | | (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) | 18 | | of Section 12-3.05, and in subsection (a) and subsection | 19 | | (b), clause (1), of Section 12-4, and in subsection (A), | 20 | | clauses (a) and (b), of Section 24-3, and those offenses | 21 | | contained in Article 29D of the Criminal Code of 1961 or | 22 | | the Criminal Code of 2012; (ii) those offenses defined in | 23 | | the Cannabis Control Act except those offenses defined in | 24 | | subsections (a) and (b) of Section 4, and subsection (a) | 25 | | of Section 5 of the Cannabis Control Act; (iii) those | 26 | | offenses defined in the Illinois Controlled Substances |
| | | HB4970 | - 12 - | LRB103 36370 MXP 66469 b |
|
| 1 | | Act; (iv) those offenses defined in the Methamphetamine | 2 | | Control and Community Protection Act; (v) any offense | 3 | | committed or attempted in any other state or against the | 4 | | laws of the United States, which if committed or attempted | 5 | | in this State would be punishable as one or more of the | 6 | | foregoing offenses; (vi) the offenses defined in Sections | 7 | | 4.1 and 5.1 of the Wrongs to Children Act or Section | 8 | | 11-9.1A of the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012; (vii) those offenses defined in Section 6-16 of | 10 | | the Liquor Control Act of 1934; and (viii) those offenses | 11 | | defined in the Methamphetamine Precursor Control Act. | 12 | | The Illinois State Police shall charge a fee for | 13 | | conducting the criminal history records check, which shall be | 14 | | deposited into the State Police Services Fund and may not | 15 | | exceed the actual cost of the records check. | 16 | | (c-2) The Secretary shall issue a CDL with a school bus | 17 | | endorsement to allow a person to drive a school bus as defined | 18 | | in this Section. The CDL shall be issued according to the | 19 | | requirements outlined in 49 CFR 383. A person may not operate a | 20 | | school bus as defined in this Section without a school bus | 21 | | endorsement. The Secretary of State may adopt rules consistent | 22 | | with Federal guidelines to implement this subsection (c-2). | 23 | | (d) (Blank). | 24 | | (Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21; | 25 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. | 26 | | 5-13-22.) |
|