(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. (Repealed).
(Source: P.A. 102-588, eff. 8-20-21. Repealed by P.A. 101-652, eff. 7-1-21.)
|
(625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
Sec. 6-306.6. (Repealed). (Source: P.A. 98-178, eff. 1-1-14. Repealed by P.A. 101-652, eff. 7-1-21.)
|
(625 ILCS 5/6-306.7)
Sec. 6-306.7. (Repealed).
(Source: P.A. 94-218, eff. 7-1-06. Repealed by P.A. 101-623, eff. 7-1-20)
|
(625 ILCS 5/6-306.8) Sec. 6-306.8. Failure to satisfy fines or penalties for toll bridge violations; suspension of driving privileges. (a) Notwithstanding any law to the contrary, upon the Secretary's receipt of a report, as described in subsection (b), from a private tolling authority stating that the owner of a registered vehicle has failed to satisfy any fees, fines, charges, or penalties resulting from a final invoice or notice by the private tolling authority relating directly or indirectly to 5 or more toll violations, the Secretary shall suspend the driving privileges of the person in accordance with the procedures set forth in this Section. (b) The report from the private tolling authority notifying the Secretary of unsatisfied fees, fines, charges, or penalties may be generated by the private tolling authority and received by the Secretary by automated process. The report shall contain the following: (1) The name, last known address, and driver's | ||
| ||
(2) A statement that the private tolling authority | ||
| ||
(c) Following the Secretary's receipt of a report described in subsection (b), the Secretary shall notify the person whose name appears on the report that the person's driver's license will be suspended at the end of a specified period unless the Secretary is presented with a notice from the private tolling authority stating that the fees, fines, charges, or penalties owed to the private tolling authority have been satisfied or that inclusion of that person's name on the report described in subsection (b) was in error. The Secretary's notice shall state in substance the information contained in the private tolling authority's report to the Secretary described in subsection (b), and shall be effective as specified by subsection (c) of Section 6-211, except as to those drivers who also have been issued a CDL. If a person also has been issued a CDL, notice of suspension of that person's driver's license must be given in writing by certified mail and is effective on the date listed in the notice of suspension, except that the notice is not effective until 4 days after the date on which the notice was deposited into the United States mail. The notice becomes effective 4 days after its deposit into the United States mail regardless of whether the Secretary of State receives the return receipt and regardless of whether the written notification is returned for any reason to the Secretary of State as undeliverable. (d) The private tolling authority, after making a report to the Secretary described in subsection (b), shall notify the Secretary, on a form prescribed by the Secretary or by automated process, whenever a person named in the report has satisfied the previously reported fees, fines, charges, or penalties or whenever the private tolling authority determines that the original report was in error. A copy of the notification shall also be given upon request and at no additional charge to the person named therein. Upon receipt of the private tolling authority's notification, the Secretary shall lift the suspension. (e) The private tolling authority shall establish procedures for persons to challenge the accuracy of the report described in subsection (b). The procedures shall provide the grounds for a challenge, which may include: (1) the person not having been the owner or lessee of | ||
| ||
(2) the person having already satisfied the fees, | ||
| ||
(f) The Secretary and the Authority may promulgate rules necessary to implement this Section. (g) The Secretary, the Authority, and the private tolling authority shall cooperate with one another in the administration and implementation of this Section. (h) The Secretary shall provide the Authority and the private tolling authority with any information the Authority or the private tolling authority may deem necessary for purposes of this Section or for the private tolling authority's invoicing, collection, and administrative functions, including regular and timely access to driver's license, vehicle registration, and license plate information, and the Secretary's driver, title, and vehicle record databases. Section 2-123 does not apply to the provision of such information, but the Secretary shall be entitled to reimbursement for its costs in providing such information. (i) The Authority shall provide the Secretary and the private tolling authority with any information the Secretary or the private tolling authority may deem necessary for purposes of this Section or for the private tolling authority's invoicing, collection, and administrative functions, including regular and timely access to toll violation records. (j) As used in this Section: "Authority" means the Illinois State Toll Highway Authority. "Private tolling authority" means the owner, lessee, licensee, or operator of a toll bridge authorized under the Toll Bridge Act. "Secretary" means the Illinois Secretary of State.
(Source: P.A. 101-398, eff. 8-16-19.) |
(625 ILCS 5/6-307) (from Ch. 95 1/2, par. 6-307)
Sec. 6-307.
Injunctions.
If any person operates in violation of any provision
of this Chapter, or any rule, regulation, order or decision of the Secretary
of State, or of any term, condition or limitation of any license, the Secretary
of State, or any person injured thereby, or any interested person, may apply
to the Circuit Court of the county in which such violation
or some part thereof occurred, or in which the person complained of has
his place of business or resides, to prevent such violation. The Court
has jurisdiction to enforce obedience by injunction or other process restraining
such person from further violation and enjoining upon him obedience.
(Source: P.A. 81-306.)
|
(625 ILCS 5/6-308) Sec. 6-308. Procedures for traffic violations. (a) Any person cited for violating this Code or a similar provision of a local ordinance for which a violation is a petty offense as defined by Section 5-1-17 of the Unified Code of Corrections, excluding business offenses as defined by Section 5-1-2 of the Unified Code of Corrections or a violation of Section 15-111 or subsection (d) of Section 3-401 of this Code, shall not be required to sign the citation for his or her release. All other provisions of this Code or similar provisions of local ordinances shall be governed by the pretrial release provisions of the Illinois Supreme Court Rules when it is not practical or feasible to take the person before a judge to have conditions of pretrial release set or to avoid undue delay because of the hour or circumstances. (b) Whenever a person fails to appear in court, the court may continue the case for a minimum of 30 days and the clerk of the court shall send notice of the continued court date to the person's last known address. If the person does not appear in court on or before the continued court date or satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall enter an order of failure to appear. The clerk of the court shall notify the Secretary of State, on a report prescribed by the Secretary, of the court's order. The Secretary, when notified by the clerk of the court that an order of failure to appear has been entered, shall immediately suspend the person's driver's license, which shall be designated by the Secretary as a Failure to Appear suspension. The Secretary shall not remove the suspension, nor issue any permit or privileges to the person whose license has been suspended, until notified by the ordering court that the person has appeared and resolved the violation. Upon compliance, the clerk of the court shall present the person with a notice of compliance containing the seal of the court, and shall notify the Secretary that the person has appeared and resolved the violation. (c) Illinois Supreme Court Rules shall govern pretrial release and appearance procedures when a person who is a resident of another state that is not a member of the Nonresident Violator Compact of 1977 is cited for violating this Code or a similar provision of a local ordinance.
(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.) |
(625 ILCS 5/Ch. 6 Art. IV heading) ARTICLE IV. COMMERCIAL DRIVER TRAINING SCHOOLS
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.) |
(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
Sec. 6-401. Driver training schools-license required. (a) No person, firm,
association, partnership or corporation shall operate a
driver training school or engage in the business of giving instruction for
hire or for a fee in (1) the driving of motor vehicles; or (2) the preparation of
an applicant for examination given by the Secretary of State for a drivers
license or permit, unless a license therefor has been issued by the
Secretary.
No public schools or educational institutions shall contract with entities
engaged in the business of giving instruction for hire or for a fee in the
driving
of motor vehicles for the preparation of an applicant for examination given
by the Secretary of State for a driver's license or permit, unless a license
therefor has been issued by the Secretary.
This subsection (a) shall not apply to (i) public schools or to educational
institutions in which driving instruction is part of the curriculum, (ii)
employers giving instruction to their employees, (iii) schools that teach enhanced driving skills to licensed drivers as set forth in Article X of Chapter 6 of this Code, or (iv) driver rehabilitation specialists or programs in which the clients of the rehabilitation specialists or programs have previously held driver's licenses.
(b) Any person, firm, association, partnership, or corporation that violates subsection (a) of this Section shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. (Source: P.A. 102-749, eff. 1-1-23.)
|
(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
Sec. 6-402. Qualifications of driver training schools. In order to
qualify for a license to operate a driver training school, each applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open to | ||
| ||
(d) maintain bodily injury and property damage | ||
| ||
(e) provide a continuous surety company bond in the | ||
| ||
(f) have the equipment necessary to the giving of | ||
| ||
(g) have and use a business telephone listing for all | ||
| ||
(h) pay to the Secretary of State an application fee | ||
| ||
(i) authorize an investigation to include a | ||
| ||
No license shall be issued under this Section to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or aunt,
nephew or niece, cousin, or in-law of the person whose license to do
business at that location has been revoked or denied or to a person who was
an officer or employee of a business firm that has had its license revoked
or denied, unless the Secretary of State is satisfied the application was
submitted in good faith and not for the purpose or effect of defeating the
intent of this Code.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
|
(625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
Sec. 6-403. Established Place of Business. The established place of business of each driver training school must be
owned or leased by the driver training school and regularly occupied and
primarily used by that driver training school for the business of selling
and giving driving instructions for hire or for a fee, and the business of
preparing members of the public for examination given by the Secretary of
State for a drivers license.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
Sec. 6-404. Location of Schools. The established place of business of each driver training school must be
located in a district which is zoned for business or commercial purposes.
The driver training school office must have a permanent sign clearly
readable from the street, from a distance of no less than 100 feet, with
the name of the driving school upon it.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
Sec. 6-405. Restrictions of Locations. The established place of business, or branch office, branch class room
or advertised address of any driver training school shall not consist of or
include a house trailer, residence, tent, temporary stand, temporary
address, office space, a room or rooms in a hotel, rooming house or
apartment house, or premises occupied by a single or multiple unit dwelling
house or telephone answering service.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
Sec. 6-406. Required Facilities.
(a) The established place of business of each driver training school
must consist of at least the following permanent facilities:
(1) An office facility;
(2) A class room facility.
(b) The main class room facility of each driver training school must be
reasonably accessible to the main office facility of the driver training
school.
(c) All class room facilities must have adequate lighting, heating,
ventilation, and must comply with all state, and local laws relating to
public health, safety and sanitation.
(d) The main office facility and branch office facility of each driver
training school must contain sufficient space, equipment, records and
personnel to carry on the business of the driver training school. The main
office facility must be specifically devoted to driver training school
business.
(e) A driver training school which as an established place of business
and a main office facility, may operate a branch office or a branch class
room provided that all the requirements for the main office or main class
room are met and that such branch office bears the same name and is
operated as a part of the same business entity as the main office facility.
(f) No driver training school may share any main or branch facility or
facilities with any other driver training school.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
Sec. 6-407. Locations and State Facilities. No office or place of business of a driver training school shall be
established within 1,500 feet of any building used as an office by any
department of the Secretary of State having to do with the administration
of any laws relating to motor vehicles, nor may any driving school solicit
or advertise for business within 1,500 feet of any building used as an
office by the Secretary of State having to do with the administration of
any laws relating to motor vehicles.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
Sec. 6-408. Records. All driver training schools licensed by the Secretary of State must
maintain a permanent record of instructions given to each student. The
record must contain the name of the school and the name of the student, the
number of all licenses or permits held by the student, the type and date of
instruction given, whether class room or behind the wheel, and the
signature of the instructor.
All permanent student instruction records must be kept on file in the
main office of each driver training school for a period of 3 calendar years
after the student has ceased taking instruction at or with the school.
The records should show the fees and charges of the school and also the
record should show the course content and instructions given to each
student.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-408.5)
Sec. 6-408.5. Courses for students or high school dropouts; limitation.
(a) No driver training school
or driving training instructor licensed under this Act may request a
certificate of completion from the Secretary of State as provided in Section
6-411 for any person who is enrolled as a
student in any public or non-public secondary school at the time such
instruction is to be provided, or who was so enrolled during the semester last
ended if that instruction is to be provided between semesters or during the
summer after the regular school term ends, unless that student has received a
passing grade in at least 8 courses during the 2 semesters last ending prior to
requesting a certificate of completion from the Secretary of State for the
student.
(b) No driver training school or driving training instructor licensed under
this Act may request a certificate of completion from the Secretary of State as
provided in Section 6-411 for any person who has dropped out of school and has
not yet attained the age of 18 years unless the driver training school or
driving training instructor has: 1) obtained written documentation verifying
the
dropout's enrollment in a high school equivalency testing or alternative education program or has obtained
a copy of the dropout's State of Illinois High School Diploma; 2) obtained verification that the
student prior to dropping out had received a passing grade in at least 8
courses during the 2 previous
semesters last ending prior to requesting a certificate of completion; or 3)
obtained written consent from the dropout's parents or guardians and the
regional superintendent.
(c) Students shall be informed of the
eligibility requirements of this Act
in writing at the time of registration.
(d) The superintendent of schools of the
school district in which the student resides and attends school or in which
the student resides at the time he or she drops out of school (with respect
to a public high school student or a dropout from the public high school)
or the chief school administrator (with
respect to a student who attends a non-public high school or a dropout from a
non-public high school) may waive the requirements of this Section if the superintendent
or chief school administrator, as the case
may be, deems it to be in the best interests of the student or dropout.
Before requesting a certificate of completion from the Secretary of State
for any person who is enrolled
as
a student in any public or non-public secondary school or who was so enrolled
in the semester last ending prior to the request for a certificate of
completion from the Secretary of State or who is of high school age, the driver
training school shall
determine from the school district in which that person resides or resided at
the time of dropping out of school, or from the
chief administrator of the non-public high school attended or last
attended by such person, as
the case may be, that such person is not ineligible to receive a certificate
of completion under this Section.
(Source: P.A. 102-1100, eff. 1-1-23.)
|
(625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
Sec. 6-409. Display of License. Each driver training school must display at a prominent place in its
main office all of the following:
(a) The State license issued to the school;
(b) The names and addresses and State instructors licenses of all
instructors employed by the school;
(c) The address of all branch offices and branch class rooms.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
Sec. 6-410. Vehicle inspections. The Department of Transportation shall
provide for the inspection of all motor vehicles used for driver training,
and shall issue a safety inspection sticker provided:
(a) The motor vehicle has been inspected by the Department and found to
be in safe mechanical condition;
(b) The motor vehicle is equipped with dual control brakes and a
mirror on each side of the motor vehicle so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the
rear of such motor vehicle; and
(c) The motor vehicle is equipped with a sign or signs visible from the
front and the rear in letters no less than 2 inches tall, listing the full
name of the driver training school which has registered and insured the
motor vehicle.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
Sec. 6-411. Qualifications of Driver Training Instructors. In order to
qualify for a license as an instructor for a driving school, an applicant must:
(a) Be of good moral character;
(b) Authorize an investigation to include a | ||
| ||
(c) Pass such examination as the Secretary of State | ||
| ||
(d) Be physically able to operate safely a motor | ||
| ||
(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school | ||
| ||
(g) Pay to the Secretary of State an application and | ||
| ||
If a driver training school class room instructor teaches an approved driver
education course, as defined in Section 1-103 of this Code, to students
under 18 years of age, he or she shall furnish to
the Secretary of State a certificate issued by the State Board of Education
that the said instructor is qualified and meets the minimum educational
standards for teaching driver education courses in the local public or
parochial school systems, except that no State Board of Education certification
shall be required of any instructor who teaches exclusively in a
commercial driving school. On and after July 1, 1986, the existing
rules and regulations of the State
Board of Education concerning commercial driving schools shall continue to
remain in effect but shall be administered by the Secretary of State until
such time as the Secretary of State shall amend or repeal the rules in
accordance with the Illinois Administrative Procedure Act. Upon request,
the Secretary of State shall issue a certificate of completion to a student
under 18 years of age who has completed an approved driver education course
at a commercial driving school.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(625 ILCS 5/6-412) (from Ch. 95 1/2, par. 6-412)
Sec. 6-412. Issuance of Licenses to Driver Training Schools and Driver Training
Instructors. The Secretary of State shall issue a license certificate to each
applicant to conduct a driver training school or to each driver training
instructor when the Secretary of State is satisfied that such person has
met the qualifications required under this Act.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
Sec. 6-413. Expiration of Licenses. All outstanding licenses issued to any driver training school or driver
training instructor under this Act shall expire by operation of law 24
months from the date of issuance, unless sooner cancelled, suspended or
revoked under the provisions of Section 6-420.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
Sec. 6-414. Renewal of Licenses. The license of each driver training school may be renewed subject to the
same conditions as the original license, and upon the payment of a
renewal license fee of $500 and $50 for each renewal of a branch
application.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
Sec. 6-415. Renewal Fee. The license of each driver training instructor may be renewed subject to
the same conditions of the original license, and upon the payment of annual
renewal license fee of $70.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-416) (from Ch. 95 1/2, par. 6-416)
Sec. 6-416. Licenses: Form and Filing. All applications for renewal of a driver training school license or
driver training instructor's license shall be on a form prescribed by the
Secretary, and must be filed with the Secretary not
less than 15 days preceding the expiration date of the license to be renewed.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-417) (from Ch. 95 1/2, par. 6-417)
Sec. 6-417. Instructor's license. Each driver training instructor's license shall authorize the licensee
to instruct only at or for the driver training school indicated on the
license. The Secretary shall not issue a driver training instructor's
license to any individual who is licensed to instruct at or for another
driver training school.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-418) (from Ch. 95 1/2, par. 6-418)
Sec. 6-418.
Instructor's Records.
Every licensee shall keep a record showing the name and address of each
person given instruction and the instruction permit or driver's license
number of every person given instruction in the driving of a motor vehicle,
and shall show the particular type of instruction given and how much time
was devoted to each such type of instruction. Such records shall be open to
the inspection of the Secretary or his representatives at all reasonable
times, but shall be for the confidential use of the Secretary.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
Sec. 6-419. Rules and regulations. The Secretary is authorized to prescribe by rule standards for the
eligibility, conduct and operation of driver training schools, and
instructors and to adopt other reasonable rules and regulations necessary
to carry out the provisions of this Act. The Secretary may adopt rules exempting particular types of driver training schools from specific statutory provisions in Sections 6-401 through 6-424, where application of those provisions would be inconsistent with the manner of instruction offered by those schools. The Secretary, in consultation with the State Board of Education, shall adopt course content standards for driver education for those persons under the age of 18 years, which shall include the operation and equipment of motor vehicles. After June 30, 2017, the course content standards for driver education provided by a driver training school to those persons under the age of 18 years shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
(Source: P.A. 99-720, eff. 1-1-17.)
|
(625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
Sec. 6-420. Denial, cancellation, suspension, revocation and failure to
renew license. The Secretary may deny, cancel, suspend or revoke, or refuse
to renew any driver training school license or any driver training instructor
license:
(1) When the Secretary is satisfied that the licensee | ||
| ||
(2) Whenever the licensee fails to keep the records | ||
| ||
(3) Whenever the licensee permits fraud or engages in | ||
| ||
(4) Whenever the licensee fails to comply with any | ||
| ||
(5) Whenever the licensee represents himself as an | ||
| ||
(6) Whenever the licensee or any employee or agent of | ||
| ||
(7) Whenever the licensee is convicted of driving | ||
| ||
(8) Whenever a driver training school advertises that | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23.)
|
(625 ILCS 5/6-421) (from Ch. 95 1/2, par. 6-421)
Sec. 6-421.
Judicial Review.
The action of the Secretary in cancelling, suspending, revoking or
denying any license under this Act shall be subject to judicial review in
the Circuit Court of Sangamon County or the Circuit Court of Cook County,
and the provisions of the Administrative Review Law,
and all amendments and modifications thereto, and the rules adopted
pursuant thereto, are hereby adopted and shall apply to and govern every
action for judicial review of the final acts or decisions of the Secretary
under this Act.
(Source: P.A. 82-783.)
|
(625 ILCS 5/6-422) (from Ch. 95 1/2, par. 6-422)
Sec. 6-422. Prior law and licenses thereunder. This Act shall not affect the validity of any outstanding license issued
to any driver training school or driver training instructor by the
Secretary of State under any prior law, nor shall this Act affect the
validity or legality of any contract, agreement or undertaking entered into
by any driver training school or driver training instructor, or any person,
firm, corporation, partnership or association based on those provisions of
any prior law.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
(625 ILCS 5/6-423) (from Ch. 95 1/2, par. 6-423)
Sec. 6-423. Deposit of fees.
Fees collected under this Article shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16.)
|
(625 ILCS 5/6-424) (from Ch. 95 1/2, par. 6-424)
Sec. 6-424.
Injunctions.
If any person operates in violation of any
provision of this Article, or any rule, regulation, order, or decision of
the Secretary of State established under this Article, or in violation of
any term, condition or limitation of any license issued under this Article,
the Secretary of State, or any other person injured as a result, or any
interested person, may apply to the circuit court of the county where the
violation or some part occurred, or where the person complained of has an
established or additional place of business or resides, to prevent the
violation. The court may enforce compliance by injunction or other process
restraining the person from further violation and compliance.
(Source: P.A. 87-829; 87-832.)
|
(625 ILCS 5/Ch. 6 Art. V heading) ARTICLE V.
COMMERCIAL MOTOR VEHICLE OPERATORS
|
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases. Notwithstanding the
definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License Act
(UCDLA), the words and phrases listed below have the meanings
ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any form of
alcohol, including but not limited to ethanol,
methanol,
propanol, and
isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of | ||
| ||
(B) the number of grams of alcohol per 100 | ||
| ||
(C) the number of grams of alcohol per 67 milliliters | ||
| ||
Alcohol tests administered within 2 hours of the driver being
"stopped or detained" shall be considered that driver's "alcohol
concentration" for the purposes of enforcing this UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the electronic record of the individual CDL driver's status and history stored by the State-of-Record as part of the Commercial Driver's License Information System, or CDLIS, established under 49 U.S.C. 31309. (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle record" or "CDLIS MVR" means a report generated from the CDLIS driver record meeting the requirements for access to CDLIS information and provided by states to users authorized in 49 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725. (5.7) Commercial driver's license downgrade. "Commercial driver's license downgrade" or "CDL downgrade" means either: (A) a state allows the driver to change his or her | ||
| ||
(B) a state allows the driver to change his or her | ||
| ||
(C) a state allows the driver to change his or her | ||
| ||
(D) a state removes the CDL privilege from the driver | ||
| ||
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor | ||
| ||
(i) has a gross combination weight rating or | ||
| ||
(i-5) has a gross vehicle weight rating or gross | ||
| ||
(ii) is designed to transport 16 or more persons, | ||
| ||
(iii) is of any size and is used in transporting | ||
| ||
(B) Pursuant to the interpretation of the Commercial | ||
| ||
(i) recreational vehicles, when operated | ||
| ||
(ii) vehicles owned by or operated under the | ||
| ||
(iii) firefighting, police, and other emergency | ||
| ||
(7) Controlled Substance. "Controlled substance" shall have the same
meaning as defined in Section 102 of the Illinois Controlled Substances Act,
and shall also include cannabis as defined in Section 3 of the Cannabis Control
Act and methamphetamine as defined in Section 10 of the Methamphetamine Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated adjudication of guilt
or a determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized administrative
tribunal; an unvacated revocation of pretrial release; a plea of guilty or nolo contendere accepted by the court; or the payment of a fine or court cost
regardless of whether the imposition of sentence is deferred and ultimately
a judgment dismissing the underlying charge is entered.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives, operates, or is in
physical control of a commercial motor vehicle, any person who is required to hold a
CDL, or any person who is a holder of a CDL while operating a non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an individual who applies to a state or other jurisdiction to obtain, transfer, upgrade, or renew a CDL or to obtain or renew a CLP.
(13.6) Drug and alcohol clearinghouse. "Drug and alcohol clearinghouse" means a database system established by the Federal Motor Carrier Safety Administration that permits the access and retrieval of a drug and alcohol testing violation or violations precluding an applicant or employee from occupying safety-sensitive positions involving the operation of a commercial motor vehicle. (13.8) Electronic device. "Electronic device" includes, but is not limited to, a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text. (14) Employee. "Employee" means a person who is employed as a
commercial
motor vehicle driver. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA
pertaining to employees. An
owner-operator on a long-term lease shall be considered an employee.
(15) Employer. "Employer" means a person (including the United
States, a State or a local authority) who owns or leases a commercial motor
vehicle or assigns employees to operate such a vehicle. A person who is
self-employed as a commercial motor vehicle driver must
comply with the requirements of this UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization to an individual's CLP or CDL required to permit the individual to operate certain types of commercial motor vehicles. (15.2) Entry-level driver training. "Entry-level driver training" means the training an entry-level driver receives from an entity listed on the Federal Motor Carrier Safety Administration's Training Provider Registry prior to: (i) taking the CDL skills test required to receive the Class A or Class B CDL for the first time; (ii) taking the CDL skills test required to upgrade to a Class A or Class B CDL; or (iii) taking the CDL skills test required to obtain a passenger or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time. (15.3) Excepted interstate. "Excepted interstate" means a person who operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or 398.3 from all or part of the qualification requirements of 49 C.F.R. Part 391 and is not required to obtain a medical examiner's certificate by 49 C.F.R. 391.45. (15.5) Excepted intrastate. "Excepted intrastate" means a person who operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements. (16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as a result of a motor vehicle crash.
(16.7) Foreign commercial driver. "Foreign commercial driver" means a person licensed to operate a commercial motor vehicle by an authority outside the United States, or a citizen of a foreign country who operates a commercial motor vehicle in the United States. (17) Foreign jurisdiction. "Foreign jurisdiction" means a sovereign
jurisdiction that does not fall within the definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous material" means any material that has been designated under 49 U.S.C.
5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the existence of any condition of a vehicle, employee, or commercial motor vehicle operations that substantially increases the likelihood of serious injury or death if not discontinued immediately; or a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance, transfer, renewal, or upgrade of a CLP or CDL and non-domiciled CLP or CDL. (20.7) Issue. "Issue" means initial issuance, transfer, renewal, or upgrade of a CLP or CDL and non-domiciled CLP or non-domiciled CDL. (21) Long-term lease. "Long-term lease" means a lease of a commercial
motor vehicle by the owner-lessor to a lessee, for a period of more than 29
days.
(21.01) Manual transmission. "Manual transmission" means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated either by hand or foot including those known as a stick shift, stick, straight drive, or standard transmission. All other transmissions, whether semi-automatic or automatic, shall be considered automatic for the purposes of the standardized restriction code. (21.1) Medical examiner. "Medical examiner" means an individual certified by the Federal Motor Carrier Safety Administration and listed on the National Registry of Certified Medical Examiners in accordance with Federal Motor Carrier Safety Regulations, 49 CFR 390.101 et seq. (21.2) Medical examiner's certificate. "Medical examiner's certificate" means either (1) prior to June 22, 2021, a document prescribed or approved by the Secretary of State that is issued by a medical examiner to a driver to medically qualify him or her to drive; or (2) beginning June 22, 2021, an electronic submission of results of an examination conducted by a medical examiner listed on the National Registry of Certified Medical Examiners to the Federal Motor Carrier Safety Administration of a driver to medically qualify him or her to drive. (21.5) Medical variance. "Medical variance" means a driver has received one of the following from the Federal Motor Carrier Safety Administration which allows the driver to be issued a medical certificate: (1) an exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a skill performance evaluation (SPE) certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. 391.49. (21.7) Mobile telephone. "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or citizens band radio services. (22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled by electric
power obtained from over head trolley wires but not operated upon rails,
except vehicles moved solely by human power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means a report of the driving status and history of a driver generated from the driver record provided to users, such as drivers or employers, and is subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725. (22.5) Non-CMV. "Non-CMV" means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate" means a person who operates or expects to operate in interstate commerce, is subject to and meets the qualification requirements under 49 C.F.R. Part 391, and is required to obtain a medical examiner's certificate by 49 C.F.R. 391.45. (22.8) Non-excepted intrastate. "Non-excepted intrastate" means a person who operates only in intrastate commerce and is subject to State driver qualification requirements. (23) Non-domiciled CLP or Non-domiciled CDL. "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, respectively, issued by a state or other jurisdiction under either of the following two conditions: (i) to an individual domiciled in a foreign country | ||
| ||
(ii) to an individual domiciled in another state | ||
| ||
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation. "Railroad-highway
grade
crossing violation" means a
violation, while operating a commercial motor vehicle, of
any
of the following:
(A) Section 11-1201, 11-1202, or 11-1425 of this | ||
| ||
(B) Any other similar law or local ordinance of any | ||
| ||
(25.7) School Bus. "School bus" means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. "School bus" does not include a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic violation"
means:
(A) a conviction when operating a commercial motor | ||
| ||
(i) a violation relating to excessive speeding, | ||
| ||
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local | ||
| ||
(iv) a violation of Section 6-501, relating to | ||
| ||
(v) a violation of paragraph (a) of Section | ||
| ||
(vi) a violation relating to improper or erratic | ||
| ||
(vii) a violation relating to following another | ||
| ||
(viii) a violation relating to texting while | ||
| ||
(ix) a violation relating to the use of a | ||
| ||
(B) any other similar violation of a law or local | ||
| ||
(27) State. "State" means a state of the United States, the District of
Columbia and any province or territory of Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. (1) Texting includes, but is not limited to, short | ||
| ||
(2) Texting does not include: (i) inputting, selecting, or reading information | ||
| ||
(ii) pressing a single button to initiate or | ||
| ||
(iii) using a device capable of performing | ||
| ||
(32.3) Third party skills test examiner. "Third party skills test examiner" means a person employed by a third party tester who is authorized by the State to administer the CDL skills tests specified in 49 C.F.R. Part 383, subparts G and H. (32.5) Third party tester. "Third party tester" means a person (including, but not limited to, another state, a motor carrier, a private driver training facility or other private institution, or a department, agency, or instrumentality of a local government) authorized by the State to employ skills test examiners to administer the CDL skills tests specified in 49 C.F.R. Part 383, subparts G and H. (32.7) United States. "United States" means the 50 states and the District of Columbia. (33) Use a hand-held mobile telephone. "Use a hand-held mobile telephone" means: (1) using at least one hand to hold a mobile | ||
| ||
(2) dialing or answering a mobile telephone by | ||
| ||
(3) reaching for a mobile telephone in a manner that | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23; 103-179, eff. 6-30-23.) |
(625 ILCS 5/6-500.1) (from Ch. 95 1/2, par. 6-500.1)
Sec. 6-500.1.
Short title.
This Article may be cited as the Uniform
Commercial Driver's License Act or "UCDLA".
(Source: P.A. 86-845.)
|
(625 ILCS 5/6-500.2) (from Ch. 95 1/2, par. 6-500.2)
Sec. 6-500.2. Statement of intent and purpose. The purpose of this
UCDLA is to implement the federal Commercial Motor Vehicle Safety Act of
1986 (CMVSA) (Title XII of Pub. Law 99-570) and reduce or prevent
commercial motor vehicle crashes, fatalities and injuries by:
(a) permitting commercial drivers to hold only one | ||
| ||
(b) disqualifying commercial drivers who have | ||
| ||
(c) strengthening commercial driver licensing and | ||
| ||
This UCDLA is remedial in nature and should be liberally construed to
promote the public's health, safety and welfare. To the extent that this
UCDLA conflicts with any other provisions of this Code, the UCDLA shall
prevail. Where this UCDLA is silent, the other general provisions of this
Code shall apply.
(Source: P.A. 102-982, eff. 7-1-23.)
|
(625 ILCS 5/6-501) (from Ch. 95 1/2, par. 6-501)
Sec. 6-501. Commercial drivers - permitted only one driver's
license. No person who drives a commercial
motor vehicle, on the highways, shall have more than one driver's
license.
Any person convicted of violating this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 95-382, eff. 8-23-07.)
|
(625 ILCS 5/6-502) (from Ch. 95 1/2, par. 6-502)
Sec. 6-502. Commercial motor vehicle drivers - reporting
of traffic violations to the Secretary of State. When required by the
Commercial Motor Vehicle Safety Act
of 1986, every person who has been issued an Illinois
non-domiciled CLP or non-domiciled CDL or who is a domiciliary of this State and drives
a commercial motor vehicle in violation
of a law or local ordinance of any State relating to motor vehicle
traffic control (other than parking violations) in any other
state, shall notify the Secretary of State, on a form and in
a manner prescribed by the Secretary, of such violation
within 30 days after the date such person has been convicted of such offense.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-503) (from Ch. 95 1/2, par. 6-503)
Sec. 6-503. Commercial motor vehicle drivers - reporting of traffic
violations to employer. Every person who is
a domiciliary of this State or who has been issued an Illinois non-domiciled CLP or non-domiciled CDL
and drives a commercial motor vehicle in
violation of a law or local ordinance of any State
relating to motor vehicle
traffic control (other than parking violations) in this or any other state,
shall notify such person's employer of such violation
within 30 days after the
date such person is convicted of such offense.
In the event such person is a "common carrier of property by motor
vehicle", as defined in
Section 18c-1104 of this Code, such person shall notify the
principal lessor of such within 30 days after the date such person is
convicted of the violation. However, if such person is
an independent contractor or owner operator, such report shall be kept at
the principal place of business and available during normal office hours
for inspection and auditing purposes by an authorized agency.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-504) (from Ch. 95 1/2, par. 6-504)
Sec. 6-504.
Commercial motor vehicle drivers - other
reporting requirements. All drivers of commercial motor vehicles licensed
or domiciled in Illinois:
(1) who have their driving privileges suspended, revoked or cancelled by any state; or
(2) who lose their privilege to operate a commercial motor
vehicle in any state for any period; or
(3) who are disqualified from driving a commercial
motor vehicle for any period; or
(4) who are placed "out-of-service" pursuant to Section 6-515;
shall notify: (i) their employer of such suspension, revocation,
cancellation, lost right, disqualification, or "out-of-service" action before
the end of the business day following the day the driver received notice of
such action; and within 30 days after the effective date of such action.
(ii) the Secretary of State of any such out-of-state suspension,
revocation, cancellation, lost right, disqualification, or "out-of-service"
action within 30 days after the effective date of such action.
(Source: P.A. 86-845.)
|
(625 ILCS 5/6-505) (from Ch. 95 1/2, par. 6-505)
Sec. 6-505.
Commercial motor vehicle driver - duty to report certain
previous employment to potential employer. Each person who applies for
employment as a driver of a commercial motor vehicle, with any employer,
shall notify
such potential employer at the time of such application of any and all
previous employment for the last 10 years, as a driver of a commercial
motor vehicle including, but
not necessarily limited to, the dates between which the applicant drove
for each employer, the reason for leaving each such employment and the
information contained in the notification
requirements of Section 6-504.
(Source: P.A. 86-845.)
|
(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
Sec. 6-506. Commercial motor vehicle driver - employer/owner
responsibilities. (a) No employer or commercial motor
vehicle owner shall
allow, permit,
authorize, or require an employee to drive a commercial motor
vehicle on the highways if he or she knows or should reasonably know that the employee:
(1) has a driver's license suspended, revoked or | ||
| ||
(2) has lost the privilege to drive a commercial | ||
| ||
(3) has been disqualified from driving a commercial | ||
| ||
(4) has more than one CLP or CDL, except as provided | ||
| ||
(5) is subject to or in violation of an | ||
| ||
(6) does not have a current CLP or CDL or a CLP or | ||
| ||
(b) No employer or commercial motor vehicle owner shall
knowingly allow,
permit, authorize, or require a driver to operate a commercial motor vehicle in
violation of any law or regulation pertaining to railroad-highway grade
crossings.
(b-3) No employer or commercial motor vehicle owner shall knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle during any period in which the commercial motor vehicle is subject to an "out-of-service" order. (b-5) No employer or commercial motor vehicle owner shall knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle during any period in which the motor carrier operation is subject to an "out-of-service" order.
(c) Any employer convicted of violating subsection (a), (b-3), or (b-5) of this
Section, whether
individually or
in connection with one or more other persons, or as principal agent, or
accessory, shall be guilty of a Class A misdemeanor.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176); 98-722, eff. 7-16-14.)
|
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
Sec. 6-507. Commercial Driver's License (CDL) or Commercial Learner's Permit (CLP) required.
(a) Except as expressly permitted by this UCDLA, or when driving
pursuant to the issuance of a commercial learner's permit and
accompanied by the holder of a CDL valid for the vehicle being driven; no
person shall drive a commercial motor vehicle on the highways without: (1) a CDL in the driver's possession; (2) having obtained a CLP or CDL; (3) the proper class of CLP or CDL or endorsements or | ||
| ||
(4) a copy of a medical variance document, if one | ||
| ||
(a-5) A CLP or CDL holder whose CLP or CDL is held by this State or any other state in the course of enforcement of a motor vehicle traffic code and who has not been convicted of a disqualifying offense under 49 C.F.R. 383.51 based on this enforcement, may drive a CMV while holding a dated receipt for the CLP or CDL. (b) Except as otherwise provided by this Code, no person may drive a
commercial motor vehicle on the highways while such person's driving
privilege, license, or permit is:
(1) Suspended, revoked, cancelled, or subject to | ||
| ||
(2) Subject to or in violation of an "out-of-service" | ||
| ||
(3) Subject to or in violation of a driver or vehicle | ||
| ||
(b-3) Except as otherwise provided by this Code, no person may drive a commercial motor vehicle on the highways during a period which the commercial motor vehicle or the motor carrier operation is subject to an "out-of-service" order. Any person who is convicted of violating this provision or a similar provision of any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6-514 of this Code. (b-5) Except as otherwise provided by this Code, no person may operate a vehicle designed to transport 16 or more passengers including the driver or hazardous materials of a type or quantity that requires the vehicle to be placarded during a period in which the commercial motor vehicle or the motor carrier operation is subject to an "out-of-service" order. Any person who is convicted of violating this provision or a similar provision of any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6-514 of this Code.
(c) Pursuant to the options provided to the States by FHWA Docket No.
MC-88-8, the driver of any motor vehicle controlled or operated by or for a
farmer is waived from the requirements of this Section, when such motor
vehicle is being used to transport: agricultural products; implements of
husbandry; or farm supplies; to and from a farm, as long as such movement is not over 150 air
miles from the originating farm. This waiver does not apply to
the driver of any motor vehicle
being used in a common or contract carrier type operation.
However, for those drivers of any truck-tractor
semitrailer combination or combinations registered under subsection (c) of
Section 3-815 of this Code, this waiver shall apply only when the
driver is a farmer or a member of the farmer's family and the driver is 21
years
of age or more and has successfully completed any
tests the Secretary of State deems necessary.
In addition, the farmer or a member of the farmer's family who operates a
truck-tractor semitrailer combination or combinations pursuant to this waiver
shall be granted all of the rights and shall be subject to all of the duties
and restrictions with respect to Sections 6-514 and 6-515 of this Code
applicable to the driver who possesses a commercial driver's license issued
under this Code, except that the driver shall not be subject to any additional
duties or restrictions contained
in Part 382 of the Federal Motor Carrier Safety Regulations that are
not otherwise imposed under Section 6-514 or 6-515 of this Code.
For purposes of this subsection (c), a member of the farmer's family is a
natural or in-law spouse, child, parent, or sibling.
As required under the Code of Federal Regulations 49 CFR 390.39, an operator of a covered farm vehicle, as defined under Section 18b-101 of this Code, is exempt from the requirements of this Section. However, for drivers of any truck-tractor semitrailer combination or combinations operating as a covered farm vehicle, the driver must successfully complete any tests the Secretary of State deems necessary. When operating any truck-tractor semitrailer combination as a covered farm vehicle, the exemption applies only to persons age 21 or older, if operating the vehicle in interstate driving, and to persons at least 18 years of age, if operating the vehicle in intrastate driving. The Secretary may adopt rules necessary to implement this Section. (c-5) An employee of a township or road district with a population of
less
than 3,000 operating a vehicle within the boundaries of the township or road
district for the purpose of removing snow or ice from a roadway by plowing,
sanding, or salting is waived from the requirements of this Section when the
employee is needed to operate the vehicle because the employee of the township
or road district who ordinarily operates the vehicle and who has a commercial
driver's license is unable to operate the vehicle or is in need of additional
assistance due to a snow emergency.
(c-10) A driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency is waived from the requirements of this Section if such requirements would prevent the driver from responding to an emergency condition requiring immediate response as defined in 49 C.F.R. Part 390.5. (d) Any person convicted of violating this Section, shall be guilty of a
Class A misdemeanor.
(e) Any person convicted of violating paragraph (1) of subsection (b) of this Section,
shall have all driving privileges revoked by the Secretary of State.
(f) This Section shall not apply to:
(1) A person who currently holds a valid Illinois | ||
| ||
(2) A non-Illinois domiciliary who is properly | ||
| ||
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff. 7-22-16.)
|
(625 ILCS 5/6-507.5) Sec. 6-507.5. Application for Commercial Learner's Permit (CLP). (a) The application for a CLP must include, but is not limited to, the following: (1) the driver applicant's full legal name and | ||
| ||
(2) a physical description of the driver applicant | ||
| ||
(3) date of birth; (4) the driver applicant's social security number; (5) the driver applicant's signature; (6) the names of all states where the driver | ||
| ||
(7) proof of citizenship or lawful permanent | ||
| ||
(8) any other information required by the Secretary | ||
| ||
(b) Except as provided in subsection (b-5), no CLP shall be issued to a driver applicant unless the applicant has taken and passed a general knowledge test that meets the federal standards contained in 49 C.F.R. Part 383, subparts F, G, and H for the commercial motor vehicle the applicant expects to operate. (b-5) The Secretary of State may waive the general knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a qualifying driver applicant of a commercial learner's permit. A qualifying driver applicant shall: (1) be a current resident of this State; (2) be a current or former member of the military | ||
| ||
(3) within one year prior to the application, have | ||
| ||
(4) have received formal military training in the | ||
| ||
(5) provide the Secretary of State with a general | ||
| ||
(c) No CLP shall be issued to a driver applicant unless the applicant possesses a valid Illinois driver's license or if the applicant is applying for a non-domiciled CLP under subsection (b) of Section 6-509 of this Code, in which case the driver applicant must possess a valid driver's license from his or her state of domicile. (d) No CLP shall be issued to a person under 18 years of age. (e) No person shall be issued a CLP unless the person certifies to the Secretary one of the following types of driving operations in which he or she will be engaged: (1) non-excepted interstate; (2) non-excepted intrastate; (3) excepted interstate; or (4) excepted intrastate. (f) No person shall be issued a CLP unless the person certifies to the Secretary that he or she is not subject to any disqualification under 49 C.F.R. 383.51, or any license disqualification under State law, and that he or she does not have a driver's license from more than one state or jurisdiction. (g) No CLP shall be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, unless otherwise permitted by this Code, while the person's driver's license is suspended, revoked, or cancelled in any state, or any territory or province of Canada; nor may a CLP be issued to a person who has a CLP or CDL issued by any other state or foreign jurisdiction, unless the person surrenders all of these licenses. No CLP shall be issued to or renewed for a person who does not meet the requirement of 49 C.F.R. 391.41(b)(11). The requirement may be met with the aid of a hearing aid. (h) No CLP with a Passenger, School Bus or Tank Vehicle endorsement shall be issued to a person unless the driver applicant has taken and passed the knowledge test for each endorsement. (1) A CLP holder with a Passenger (P) endorsement is | ||
| ||
(2) A CLP holder with a School Bus (S) endorsement is | ||
| ||
(3) A CLP holder with a Tank Vehicle (N) endorsement | ||
| ||
(4) All other federal endorsements are prohibited on | ||
| ||
(i) No CLP holder may operate a commercial motor vehicle transporting hazardous material as defined in paragraph (20) of Section 6-500 of this Code. (j) The CLP holder must be accompanied by the holder of a valid CDL who has the proper CDL group and endorsement necessary to operate the CMV. The CDL holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation and direct supervision. (k) A CLP is valid for 12 months from the date of issuance. (l) A CLP issued prior to July 1, 2014 for a limited time period according to state requirements, shall be considered a valid commercial driver's license for purposes of behind-the-wheel training on public roads or highways.
(Source: P.A. 103-179, eff. 6-30-23.) |
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL); qualification standards.
(a) Testing.
(1) General. No person shall be issued an original | ||
| ||
(1.5) Effective July 1, 2014, no person shall be | ||
| ||
(2) Third party testing. The Secretary of State may | ||
| ||
(3)(i) Effective February 7, 2020, unless the person | ||
| ||
(ii) Persons who obtain a CLP before February 7, 2020 | ||
| ||
(iii) Except for persons seeking the H endorsement, | ||
| ||
(iv) The Secretary shall adopt rules to implement | ||
| ||
(b) Waiver of Skills Test. The Secretary of State may waive the skills
test specified in this Section for a driver applicant for a commercial driver license
who meets the requirements of 49 CFR 383.77.
The Secretary of State shall waive the skills tests specified in this Section for a driver applicant who has military commercial motor vehicle experience, subject to the requirements of 49 CFR 383.77.
(b-1) No person shall be issued a CDL unless the person certifies to the Secretary one of the following types of driving operations in which he or she will be engaged: (1) non-excepted interstate; (2) non-excepted intrastate; (3) excepted interstate; or (4) excepted intrastate. (b-2) (Blank). (c) Limitations on issuance of a CDL. A CDL shall not be issued to a person while the person is
subject to a disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's driver's
license is suspended, revoked, or cancelled in
any state, or any territory or province of Canada; nor may a CLP or CDL be issued
to a person who has a CLP or CDL issued by any other state, or foreign
jurisdiction, nor may a CDL be issued to a person who has an Illinois CLP unless the person first surrenders all of these
licenses or permits. However, a person may hold an Illinois CLP and an Illinois CDL providing the CLP is necessary to train or practice for an endorsement or vehicle classification not present on the current CDL. No CDL shall be issued to or renewed for a person who does not
meet the requirement of 49 CFR 391.41(b)(11). The requirement may be met with
the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus driver endorsement
to allow a person to drive the type of bus described in subsection (d-5) of
Section 6-104 of this Code. The CDL with a school bus driver endorsement may be
issued only to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints | ||
| ||
(2) the person has passed a written test, | ||
| ||
(3) the person has demonstrated physical fitness to | ||
| ||
(4) the person has not been convicted of committing | ||
| ||
The Illinois State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not exceed the actual
cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus endorsement to allow a person to drive a school bus as defined in this Section. The CDL shall be issued according to the requirements outlined in 49 CFR 383. A person may not operate a school bus as defined in this Section without a school bus endorsement. The Secretary of State may adopt rules consistent with Federal guidelines to implement this subsection (c-2).
(d) (Blank).
(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(625 ILCS 5/6-508.1) Sec. 6-508.1. Medical examiner's certificate. (a) It shall be unlawful for any person to drive a CMV in non-excepted interstate commerce unless the person holds a CLP or CDL and is medically certified as physically qualified to do so. (b) No person who has certified to non-excepted interstate driving as provided in Sections 6-507.5 and 6-508 of this Code shall be issued a CLP or CDL unless that person has a current medical examiner's certificate on the CDLIS driver record. (c) (Blank). (d) On and after January 30, 2014, all persons who hold a commercial driver instruction permit or CDL who have certified as non-excepted interstate shall maintain a current medical examiner's certificate on file with the Secretary. On and after July 1, 2014, all persons issued a CLP who have certified as non-excepted interstate shall maintain a current medical examiner's certificate on file with the Secretary. (e) Before June 22, 2025, the Secretary shall post the following to the CDLIS driver record within 10 calendar days of receipt of a medical examiner's certificate of a driver who has certified as non-excepted interstate: (1) the medical examiner's name; (2) the medical examiner's telephone number; (3) the date of issuance of the medical examiner's | ||
| ||
(4) the medical examiner's license number and the | ||
| ||
(5) the medical certification status; (6) the expiration date of the medical examiner's | ||
| ||
(7) the existence of any medical variance on the | ||
| ||
(8) any restrictions noted on the medical examiner's | ||
| ||
(9) the date the medical examiner's certificate | ||
| ||
(10) the medical examiner's National Registry of | ||
| ||
(e-5) Beginning June 23, 2025, the Secretary shall post the following to the CDLIS driver record within one business day of electronic receipt from the Federal Motor Carrier Safety Administration of a driver's identification, examination results, restriction information, and medical variance information resulting from an examination performed by a medical examiner on the National Registry of Certified Medical Examiners for any driver who has certified as non-excepted interstate: (1) the medical examiner's name; (2) the medical examiner's telephone number; (3) the date of issuance of the medical examiner's | ||
| ||
(4) the medical examiner's license number and the | ||
| ||
(5) the medical certification status; (6) the expiration date of the medical examiner's | ||
| ||
(7) the existence of any medical variance on the | ||
| ||
(8) any restrictions noted on the medical examiner's | ||
| ||
(9) the date the medical examiner's certificate | ||
| ||
(10) the medical examiner's National Registry of | ||
| ||
(f) Within 10 calendar days of the expiration or rescission of the driver's medical examiner's certificate or medical variance or both, the Secretary shall update the medical certification status to "not certified". (g) Within 10 calendar days of receipt of information from the Federal Motor Carrier Safety Administration regarding issuance or renewal of a medical variance, the Secretary shall update the CDLIS driver record to include the medical variance information provided by the Federal Motor Carrier Safety Administration. (g-5) Beginning June 22, 2021, within one business day of electronic receipt of information from the Federal Motor Carrier Safety Administration regarding issuance or renewal of a medical variance, the Secretary shall update the CDLIS driver record to include the medical variance information provided by the Federal Motor Carrier Safety Administration. (h) The Secretary shall notify the driver of his or her non-certified status and that his or her CDL will be canceled unless the driver submits a current medical examiner's certificate or medical variance or changes his or her self-certification to driving only in excepted or intrastate commerce. (i) Within 60 calendar days of a driver's medical certification status becoming non-certified, the Secretary shall cancel the CDL.
(j) As required under the Code of Federal Regulations 49 CFR 390.39, an operator of a covered farm vehicle, as defined under Section 18b-101 of this Code, is exempt from the requirements of this Section. (k) For purposes of ensuring a person is medically fit to drive a commercial motor vehicle, the Secretary may release medical information provided by an applicant or a holder of a CDL or CLP to the Federal Motor Carrier Safety Administration. Medical information includes, but is not limited to, a medical examiner's certificate, a medical report that the Secretary requires to be submitted, statements regarding medical conditions made by an applicant or a holder of a CDL or CLP, or statements made by his or her physician. (Source: P.A. 101-185, eff. 1-1-20; 102-749, eff. 1-1-23.) |
(625 ILCS 5/6-508.5) Sec. 6-508.5. Drug and alcohol clearinghouse. (a) No driver who has engaged in conduct prohibited by subpart B of 49 CFR 382 shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the return-to-duty requirements of subpart O of 49 CFR 40 and, if the driver's CDL or CLP was canceled, has had the CDL or CLP reinstated. (b) By applying for a CDL or CLP, a driver is deemed to have consented to the release of information from the drug and alcohol clearinghouse to the Secretary of State. (c) No later than November 18, 2024, the Secretary shall request information from the drug and alcohol clearinghouse for all applicants applying for an initial, renewal, transfer, or upgraded CDL or CLP. If the Secretary receives notification that pursuant to 49 CFR 382.503 the applicant is prohibited from operating a commercial motor vehicle, the Secretary shall not issue, renew, transfer, or upgrade a CDL or CLP. (d) No later than November 18, 2024, the Secretary must, upon receiving notification from the drug and alcohol clearinghouse that a holder of a CDL or CLP is prohibited from operating a commercial motor vehicle, cancel the CDL or CLP. The cancellation must be completed and recorded on the CDLIS driver record within 60 days after the State's receipt of such a notification. Upon notification from the Federal Motor Carrier Safety Administration that a driver has completed the return-to-duty process, the Secretary may reinstate the driver's CDL or CLP privileges. (e) Upon notification from the Federal Motor Carrier Safety Administration that a violation was entered into the drug and alcohol clearinghouse erroneously, the Secretary shall reinstate the driver's CDL or CLP privileges and remove the cancellation from the driving record.(Source: P.A. 103-179, eff. 6-30-23; 103-605, eff. 7-1-24.) |
(625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
Sec. 6-509. Non-domiciled commercial learner's permit and non-domiciled commercial driver's license. (a) The Secretary
of State may issue a non-domiciled CLP or non-domiciled CDL to a domiciliary of a foreign
jurisdiction if the United States Secretary of Transportation has
determined that the commercial motor vehicle testing and licensing
standards, in that foreign jurisdiction, do not meet the testing standards
established in 49 C.F.R. Part 383. A non-domiciled CLP or non-domiciled CDL shall be issued in accordance with the testing and licensing standards contained in subparts F, G, and H of 49 C.F.R. Part 383. The word "Non-domiciled" must appear on
the face of the non-domiciled CLP or non-domiciled CDL. A driver applicant must surrender any
non-domiciled CLP or non-domiciled CDL, license or permit issued by any other state.
(b) If an individual is domiciled in a state while that state is prohibited from issuing CDLs in accordance with 49 C.F.R. Part 384.405, that individual is eligible to obtain a non-domiciled CLP or non-domiciled CDL from any state that elects to issue a non-domiciled CLP or non-domiciled CDL and which complies with the testing and licensing standards contained in subparts F, G, and H of 49 C.F.R. Part 383.23.
"Non-domiciled" must appear on the face of the non-domiciled CLP or non-domiciled CDL. A driver applicant must surrender any non-domiciled CLP or non-domiciled CDL issued in any other state. (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
Sec. 6-510. Application for Commercial Driver's License (CDL).
The application for a CDL
must include, but is not limited to, the following:
(1) the driver applicant's full legal name and | ||
| ||
(2) a physical description of the driver applicant | ||
| ||
(3) date of birth;
(4) the driver applicant's social security number;
(5) the driver applicant's signature;
(6) certifications required by 49 C.F.R. Part 383.71; (6.1) the names of all states where the driver | ||
| ||
(6.2) proof of citizenship or lawful permanent | ||
| ||
(7) any other information required by the Secretary | ||
| ||
(Source: P.A. 97-263, eff. 8-5-11; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
Sec. 6-511. Change of legal name or domiciliary address.
(a) All persons to
whom a CLP or CDL has been issued, shall
notify the Driver Services Department of the
Secretary of
State's Office within 10 days of any change in
domiciliary address.
In addition, the person shall make application for a corrected CLP or CDL within
30 days after the change.
(b) Any person to whom a CLP or CDL has been issued whose legal name has changed
from the name on the previously-issued CLP or CDL shall apply for a corrected card
within 30 days after the change.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
Sec. 6-512. Unlawful operation of a commercial motor vehicle
pursuant to a non-Illinois issued CLP or CDL. No person, after becoming a
domiciliary of this State for 30 days or
more, shall drive a commercial motor vehicle on the highways of this State
pursuant to the authority of a CLP or CDL issued by any other State or foreign jurisdiction.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-512.5) Sec. 6-512.5. Commercial Learner's Permit or CLP. (a) The content of the CLP shall include, but is not limited to, the following: (1) A CLP shall be distinctly marked "Commercial | ||
| ||
(2) the full legal name and the Illinois domiciliary | ||
| ||
(3) a physical description of the person including | ||
| ||
(4) date of birth; (5) the Illinois driver's license number assigned by | ||
| ||
(6) the person's signature; (7) an indicator showing that the CLP was issued by | ||
| ||
(8) the date of issuance and the date of expiration | ||
| ||
(9) the class or type of commercial vehicle or | ||
| ||
(b) If the CLP is a non-domiciled CLP, it must contain the prominent statement that the permit is a "Non-domiciled Commercial Learner's Permit" or "Non-domiciled CLP". (c) Applicant Record Check. Prior to issuing, renewing, upgrading, or transferring a CLP, the Secretary of State shall obtain, review, and maintain upon issuance, renewal, upgrade, or transfer the driver applicant's driving record as required by 49 C.F.R. Parts 383 and 384 and the United States Secretary of Transportation. (d) Notification of Commercial Learner's Permit (CLP) Issuance and Self-Certification. Within 10 days after issuing a CLP, the Secretary of State must notify the Commercial Driver License Information System of that fact, and provide all information required to ensure identification of the person. The Secretary shall also post the driver's self-certification for the type of driving operations to the CDLIS driver record.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).) |
(625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
Sec. 6-513. Commercial Driver's License or CDL. The content of the CDL
shall include, but is not limited to the following:
(a) A CDL shall be distinctly marked "Commercial | ||
| ||
(1) the full legal name and the Illinois | ||
| ||
(2) a color photograph of the person;
(3) a physical description of the person | ||
| ||
(4) date of birth;
(5) a CDL or file number assigned by the | ||
| ||
(6) the person's signature;
(7) the class or type of commercial vehicle or | ||
| ||
(8) the name of the issuing state;
(9) the issuance and expiration dates of the CDL; | ||
| ||
(10) the restriction code "V" if the driver has | ||
| ||
(a-5) If the CDL is a non-domiciled CDL it must | ||
| ||
(b) Applicant Record Check. Prior to issuing, | ||
| ||
(c) Notification of Commercial Driver's License (CDL) | ||
| ||
(c-5) Change in driver identification information. | ||
| ||
(d) Renewal. Every person applying for a renewal of a | ||
| ||
(Source: P.A. 97-208, eff. 1-1-12; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-514)
Sec. 6-514. Commercial driver's license (CDL); commercial learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a commercial motor
vehicle for a period of not less than 12 months for the first violation of:
(1) Refusing to submit to or failure to complete a | ||
| ||
(2) Operating a commercial motor vehicle while the | ||
| ||
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the | ||
| ||
(ii) Knowingly leaving the scene of a crash while | ||
| ||
(iii) Driving a commercial motor vehicle or, if | ||
| ||
(iv) Driving a commercial motor vehicle while the | ||
| ||
(v) Causing a fatality through the negligent | ||
| ||
As used in this subdivision (a)(3)(v), "motor | ||
| ||
If any of the above violations or refusals occurred | ||
| ||
(4) (Blank). (b) A person is disqualified for life for a second conviction of any of
the offenses specified in paragraph (a), or any combination of those
offenses, arising from 2 or more separate incidents.
(c) A person is disqualified from driving a commercial motor vehicle for
life if the person either (i) uses a commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a controlled
substance, or possession with intent to manufacture, distribute or dispense
a controlled substance or (ii) if the person is a CLP or CDL holder, uses a non-CMV in the commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States Secretary of
Transportation so authorizes, issue regulations in which a disqualification
for life under paragraph (b) may be reduced to a period of not less than 10
years.
If a reinstated driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or she shall be
permanently disqualified for life and shall be ineligible to again apply for a
reduction of the lifetime disqualification.
(e) A person is disqualified from driving a commercial motor vehicle for
a period of not less than 2 months if convicted of 2 serious traffic
violations, committed in a commercial motor vehicle, non-CMV while holding a CLP or CDL, or any combination thereof, arising from separate
incidents, occurring within a 3-year period, provided the serious traffic violation committed in a non-CMV would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges. However, a person will be
disqualified from driving a commercial motor vehicle for a period of not less
than 4 months if convicted of 3 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL, or any combination thereof, arising from separate incidents, occurring within a 3-year period, provided the serious traffic violation committed in a non-CMV would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges. If all the convictions occurred in a non-CMV, the disqualification shall be entered only if the convictions would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any driver
disqualified from operating a commercial motor vehicle, pursuant to this
UCDLA, shall not be eligible for restoration of commercial driving
privileges during any such period of disqualification.
(g) After suspending, revoking, or cancelling a CLP or CDL, the Secretary of State must update the driver's records to reflect
such action within 10 days. After suspending or revoking the driving privilege
of any person who has been issued a CLP or CDL from another jurisdiction, the Secretary shall originate notification to
such issuing jurisdiction within 10 days.
(h) The "disqualifications" referred to in this Section shall not be
imposed upon any commercial motor vehicle driver, by the Secretary of
State, unless the prohibited action(s) occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial motor vehicle in
accordance with the following:
(1) For 6 months upon a first conviction of paragraph | ||
| ||
(2) For 2 years upon a second conviction of paragraph | ||
| ||
(3) For 3 years upon a third or subsequent conviction | ||
| ||
(4) For one year upon a first conviction of paragraph | ||
| ||
(5) For 3 years upon a second conviction of paragraph | ||
| ||
(6) For 5 years upon a third or subsequent conviction | ||
| ||
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a | ||
| ||
(i) For drivers who are not required to always | ||
| ||
(ii) For drivers who are not required to always | ||
| ||
(iii) For drivers who are always required to | ||
| ||
(iv) For all drivers, failing to have sufficient | ||
| ||
(v) For all drivers, failing to obey a traffic | ||
| ||
(vi) For all drivers, failing to negotiate a | ||
| ||
(2) Duration of disqualification for railroad-highway | ||
| ||
(i) First violation. A driver must be | ||
| ||
(ii) Second violation. A driver must be | ||
| ||
(iii) Third or subsequent violation. A driver | ||
| ||
(k) Upon notification of a disqualification of a driver's commercial motor vehicle privileges imposed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, in accordance with 49 CFR 383.52, the Secretary of State shall immediately record to the driving record the notice of disqualification and confirm to the driver the action that has been taken.
(l) A foreign commercial driver is subject to disqualification under this Section. (m) A person shall be disqualified from operating a commercial motor vehicle for life if that individual uses a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of human trafficking, as defined in 22 U.S.C. 7102(11). (Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-179, eff. 6-30-23.) |
(625 ILCS 5/6-515) (from Ch. 95 1/2, par. 6-515)
Sec. 6-515.
Prohibitions against a person driving a commercial
motor vehicle while having any alcohol, other drug, or both in such
person's system.
(a) Notwithstanding any other provisions of this Code, a person shall
not drive a commercial motor vehicle while having any alcohol, other drug, or
both in such person's system.
(b) A person who drives a commercial motor vehicle while having any alcohol,
other drug, or both, in such person's system or who refuses to submit to or
fails to complete an alcohol or other drug test or tests pursuant to Section
6-517, as evidenced by the issuance of a Sworn Report by a police officer, must
be placed "out-of-service" for at least 24 hours.
(c) The police officer shall provide the Secretary of State with a copy
of all Sworn Reports issued pursuant to this UCDLA.
(d) The "out-of-service" referred to in this Section shall not be entered to
the record of any Illinois commercial motor vehicle driver, by the
Secretary of State, unless the prohibited action or actions occurred after
March 31, 1992.
(Source: P.A. 88-212.)
|
(625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
Sec. 6-516. Implied consent requirements for commercial motor vehicle
drivers. (a) Effective April 1, 1992, any person who drives a commercial motor
vehicle upon the highways is hereby deemed to have given consent to submit
to a test or tests, subject to the provisions of Section 11-501.2 of this Code,
of such person's breath, blood or urine for the purpose of determining the
presence of alcohol, or other drugs, in such person's system.
(b) A test or tests may be administered at the direction of a law
enforcement officer, who after stopping or detaining the commercial motor
vehicle driver, has probable cause to believe that driver was driving a
commercial motor vehicle while having alcohol or any amount of a drug,
substance, or compound resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in such driver's system.
(c) Effective April 1, 1992, any person who operates a school bus at
the time of a crash involving the school bus is hereby deemed to have
given consent to submit to a test or tests to be administered at the
direction of a law enforcement officer, subject to the provisions of
Section 11-501.2 of this Code, of the driver's breath, blood or urine for
the purpose of determining the presence of alcohol, or other drugs, in the
person's system.
(Source: P.A. 102-982, eff. 7-1-23.)
|
(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
Sec. 6-517. Commercial driver; implied consent warnings.
(a) Any person driving a commercial motor vehicle who is
requested by a police officer, pursuant to Section 6-516, to submit to a
chemical test or tests to determine the alcohol concentration
or any amount of a drug, substance, or compound resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act
in such person's system, must be warned by the police officer
requesting the
test or tests that a refusal to submit to the test or tests will result in that
person being immediately placed out-of-service for a period of 24 hours and
being disqualified from operating a commercial motor vehicle for a period of
not less than 12 months; the person shall also be warned that if
such person
submits to testing which discloses an alcohol concentration of greater than
0.00 but less than 0.04 or any amount of a drug, substance, or compound in
such
person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such person shall be
placed immediately
out-of-service for a period of 24 hours; if the person submits to testing which
discloses an alcohol concentration of 0.04 or more or any amount of a drug,
substance, or compound in such person's blood, other bodily substance, or urine resulting
from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled Substances Act,
an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such
person shall be placed immediately out-of-service and disqualified from driving
a commercial motor vehicle for a period of at least 12 months; also the person
shall be warned that if such testing discloses an alcohol
concentration of 0.08, or more or any amount of a drug, substance,
or compound in such person's
blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, in addition to the person being immediately
placed out-of-service and disqualified for 12 months as provided in this UCDLA,
the results of such testing shall also be admissible in
prosecutions for
violations of Section 11-501 of this Code, or similar violations of local
ordinances, however, such results shall not be used to impose any
driving
sanctions pursuant to Section 11-501.1 of this Code.
The person shall also be warned that any disqualification imposed pursuant
to this Section, shall be for life for any such offense or refusal,
or combination thereof; including a conviction for violating Section 11-501
while driving a commercial motor vehicle, or similar provisions of local
ordinances, committed a second time involving separate incidents.
A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the police officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (b) If the person refuses or fails to complete testing, or submits to a
test which discloses an alcohol concentration of at least 0.04,
or any amount of a drug, substance, or compound in such person's
blood, other bodily substance, or
urine resulting from the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer must
submit a Sworn Report to the Secretary of State, in a form prescribed by
the Secretary, certifying that the test or tests was requested pursuant to
paragraph (a); that the person was warned, as provided in paragraph (a)
and that such person refused to submit to or failed to complete
testing, or
submitted to a test which disclosed an alcohol
concentration of 0.04 or more, or any amount of a drug, substance, or
compound in such person's blood, other bodily substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
(c) The police officer submitting the Sworn Report under this Section
shall serve notice of the CDL disqualification on the person and
such CDL
disqualification shall be effective as provided in paragraph (d). In cases
where the blood alcohol concentration of 0.04 or more,
or any amount of a drug, substance, or
compound in such person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by
subsequent analysis of blood, other bodily substance, or urine collected at the time of the request,
the police officer shall give notice as provided in this Section or by
deposit in the United States mail of such notice as provided in
this
Section or by deposit in the United States mail of such notice in
an
envelope with postage prepaid and addressed to such person's
domiciliary
address as shown on the Sworn Report and the CDL disqualification shall
begin as provided in paragraph (d).
(d) The CDL disqualification referred to in this Section shall take
effect on the 46th day following the date the Sworn Report was given to the
affected person.
(e) Upon receipt of the Sworn Report from the police officer, the
Secretary of State shall disqualify the person from driving any commercial
motor vehicle and shall confirm the CDL disqualification by mailing the
notice of the effective date to the person. However, should the Sworn
Report be defective by not containing sufficient information or be
completed in error, the confirmation of the CDL disqualification shall not
be mailed to the affected person or entered into the record, instead the
Sworn Report shall be forwarded to the issuing
agency identifying any such defect.
(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
|
(625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
Sec. 6-518. Notification of traffic convictions. (a) Within 5 days after
receiving a report of an Illinois conviction, or other verified evidence,
of any driver who has been issued a CLP or CDL by another State or has been issued a foreign commercial driver's license, for a violation
of any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations, committed in any motor vehicle, the Secretary of State must notify the driver
licensing authority which issued such CLP or CDL of said conviction.
(b) Within 5 days after
receiving a report of an Illinois conviction, or other verified evidence,
of any driver from another state who is licensed or unlicensed or holds a foreign non-commercial driver's license, for a violation
of any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Secretary of State must notify the driver
licensing authority which issued the person's driver's license of the conviction.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176); 98-722, eff. 7-16-14.)
|
(625 ILCS 5/6-519) (from Ch. 95 1/2, par. 6-519)
Sec. 6-519. Driving Record Information To Be Furnished. Notwithstanding
any other provision of law to the contrary, the Secretary of State shall
furnish the following information regarding a commercial driver's driving record:
all information on CDLIS driver records to the driver licensing administrator of any other State; all information on CDLIS driver records to the U.S. Department of Transportation; all information on the CDLIS driver record obtained on the CDLIS motor vehicle record to the affected driver or a motor carrier or prospective motor carrier requesting such
information; all information on the CDLIS driver record obtained on the CDLIS motor vehicle record of a current or prospective driver to a motor carrier or prospective motor carrier requesting such information within 10 days of the request; and any other entity or person authorized to receive such
information pursuant to Section 2-123 of this Code.
(Source: P.A. 97-208, eff. 1-1-12.)
|
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service order; hearing.
(a) A disqualification of commercial driving privileges by the Secretary of
State, pursuant to this UCDLA, shall not become effective until the person
is notified in writing, by the Secretary, of the impending disqualification
and advised that a CDL hearing may be requested of the Secretary if the stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification not based upon
a conviction; an out-of-service order; or notification that a CDL
disqualification is forthcoming, the person may make a written petition in
a form, approved by the Secretary of State, for a CDL hearing with the Secretary if the stop or arrest occurred in a commercial motor vehicle. Such
petition must state the grounds upon which the person seeks to have the CDL
disqualification rescinded or the out-of-service order removed from the
person's driving record. Within 10 days after the receipt of such
petition, it shall be reviewed by the Director of the Department of
Administrative Hearings, Office of the Secretary of State, or by an
appointed designee. If it is determined that the petition on its face does
not state grounds upon which the relief may be based, the petition for a
CDL hearing shall be denied and the disqualification shall become effective
as if no petition had been filed and the out-of-service order shall be
sustained. If such petition is so denied, the person may submit another
petition.
(c) The scope of a CDL hearing, for any disqualification imposed
pursuant to paragraphs (1) and (2) of subsection (a) of Section 6-514, resulting from the operation of a commercial motor vehicle, shall
be limited to the following issues:
1. Whether the person was operating a commercial | ||
| ||
2. Whether, after making the initial stop, the police | ||
| ||
3. Whether the person was verbally warned of the | ||
| ||
4. Whether the person did refuse to submit to or | ||
| ||
5. Whether the person was warned that if the test or | ||
| ||
6. Whether such results could not be used to impose | ||
| ||
Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or rescinded.
(d) The scope of a CDL hearing for any out-of-service sanction, imposed
pursuant to Section 6-515, shall be limited to the following issues:
1. Whether the person was driving a commercial motor | ||
| ||
2. Whether, while driving such commercial motor | ||
| ||
3. Whether the person was verbally warned of the | ||
| ||
4. Whether, after being so warned, the person did | ||
| ||
Upon the conclusion of the above CDL hearing, the out-of-service sanction
shall
either be sustained or removed from the person's driving record.
(e) If any person petitions for a hearing relating to any CDL
disqualification based upon a conviction, as defined in this UCDLA, said
hearing shall not be conducted as a CDL hearing, but shall be conducted as
any other driver's license hearing, whether formal or informal, as
promulgated in the rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for the
purposes of this UCDLA, shall be sufficient probable cause for requesting the
driver to submit to a chemical test or tests to determine the presence of
alcohol, other drug, or both in the person's system and the subsequent issuance
of an out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall
mean a hearing before the Office of the Secretary of State in accordance
with Section 2-118 of this Code, for the
purpose of resolving differences or disputes specifically related to the
scope of the issues identified in this Section relating to the operation of a commercial motor vehicle. These proceedings will be
a matter of record and a final appealable order issued. The petition for a
CDL hearing shall not stay or delay the effective date of the impending
disqualification.
(h) The CDL hearing may be conducted upon a review of the police
officer's own official reports; provided however, that the petitioner may
subpoena the officer. Failure of the officer to answer the subpoena shall be
grounds for a continuance.
(i) Any CDL disqualification based upon a statutory summary suspension or revocation resulting from an arrest of a CDL holder while operating a non-commercial motor vehicle, may only be contested by filing a petition to contest the statutory summary suspension or revocation in the appropriate circuit court as provided for in Section 2-118.1 of this Code.
(Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11.)
|
(625 ILCS 5/6-521)
(from Ch. 95 1/2, par. 6-521)
Sec. 6-521. Rulemaking Authority.
(a) The Secretary of State, using the
authority to license motor vehicle operators under this Code, may adopt
such rules and regulations as may be necessary to establish standards,
policies and procedures for the licensing and sanctioning of commercial
motor vehicle
drivers in order to meet the requirements of the Commercial Motor Vehicle
Act of 1986 (CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 or Part 1572; and administrative and policy decisions of the U.S.
Secretary of
Transportation and the Federal Motor Carrier Safety Administration. The Secretary may,
as provided in the CMVSA, establish stricter requirements for the licensing
of commercial motor vehicle drivers than those established by the federal
government.
(b) By January 1, 1994, the Secretary of State shall establish rules and
regulations for the issuance of a
restricted commercial driver's license
for farm-related service industries
consistent with federal guidelines. The restricted license
shall be available for a seasonal period or periods not to exceed a total of
180 days in any 12 month period.
(c) (Blank).
(d) By July 1, 1995, the Secretary of State shall
establish rules and regulations for the issuance and cancellation
of a School Bus Driver's Permit. The permit shall be required for
the operation of a school bus as provided in subsection (c), a non-restricted
CDL
with passenger endorsement, or a properly classified driver's
license. The permit will establish that the school bus driver has
met all the requirements of the application and screening process
established by Section 6-106.1 of this Code.
(Source: P.A. 98-726, eff. 1-1-15.)
|
(625 ILCS 5/6-522) (from Ch. 95 1/2, par. 6-522)
Sec. 6-522.
Authority to Enter Agreements.
The Secretary of State may
enter into or make agreements, arrangements, or declarations to carry out
the provisions of this UCDLA.
(Source: P.A. 86-845.)
|
(625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
Sec. 6-523. Reciprocity. (a) Notwithstanding any law to the contrary, a
person may drive a commercial motor vehicle in this State if the person has
a valid CDL, non-domiciled CDL, CLP, or non-domiciled CLP issued by
another State or foreign jurisdiction as long as that person has not been
an established domiciliary of this State for 30 days or more.
(b) The Secretary of State shall give out of state convictions full
faith and credit and treat them for sanctioning purposes, under this UCDLA,
just as if they occurred in this State.
(c) A CLP or CDL issued by this State or any other state before the date on and after which the state is prohibited from issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid until its stated expiration date.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524)
Sec. 6-524. Penalties.
(a) Every person convicted of violating any
provision of this UCDLA for which another penalty is not provided shall for
a first offense be guilty of a petty offense; and for a second conviction
for any offense committed within 3 years of any previous offense, shall be
guilty of a Class B misdemeanor.
(b) Any person convicted of violating subsection (b) of Section 6-506 of
this Code shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B.
(c) Any person or employer convicted of violating paragraph (5) of subsection (a) or subsection (b-3) or (b-5) of Section 6-506 shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B. (d) Any person convicted of violating paragraph (2) or (3) of subsection (b) or subsection (b-3) or (b-5) of Section 6-507 shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B.
(Source: P.A. 102-749, eff. 1-1-23.)
|
(625 ILCS 5/6-525) (from Ch. 95 1/2, par. 6-525)
Sec. 6-525. Severability. The provisions of this UCDLA shall be
severable and if any phrase, clause, sentence or provision of this UCDLA is
declared to be contrary to the Constitutions of this State, or of the
United States, such unconstitutionality shall not affect the validity of
the remainder of this UCDLA.
(Source: P.A. 101-81, eff. 7-12-19.)
|
(625 ILCS 5/6-526) Sec. 6-526. Prohibition against texting. (a) A driver may not engage in texting while driving a commercial motor vehicle. (b) A motor carrier may not allow or require its drivers to engage in texting while driving a commercial motor vehicle. (c) For the purpose of this Section, when a person is operating a commercial motor vehicle, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. (d) Texting while driving is permissible by a driver of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(Source: P.A. 97-829, eff. 1-1-13.) |
(625 ILCS 5/6-527) Sec. 6-527. Using a hand-held mobile telephone. (a) A driver may not use a hand-held mobile telephone while driving a commercial motor vehicle. (b) A motor carrier may not allow or require its drivers to use a hand-held mobile telephone while driving a commercial motor vehicle. (c) For the purpose of this Section, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. (d) Using a hand-held mobile telephone is permissible by a driver of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(Source: P.A. 97-829, eff. 1-1-13.) |
(625 ILCS 5/Ch. 6 Art. VI heading) ARTICLE VI.
PENALTIES
|
(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
Sec. 6-601. Penalties.
(a) It is a petty offense for any person to violate any of the
provisions of this Chapter unless such violation is by this Code or other
law of this State declared to be a misdemeanor or a felony.
(b) General penalties. Unless another penalty is in this Code
or other laws of this State, every person convicted of a petty
offense for the violation of any provision of this Chapter shall be
punished by a fine of not more than $500.
(c) Unlicensed driving. Except as hereinafter provided a violation
of Section 6-101 shall be:
1. A Class A misdemeanor if the person failed to | ||
| ||
2. A Class B misdemeanor if the person has been | ||
| ||
3. A petty offense if the person has been issued a | ||
| ||
If a licensee under this Code is convicted of violating Section 6-303 for
operating a motor vehicle during a time when such licensee's driver's license
was suspended under the provisions of Section 6-306.3 or 6-308, then such act shall be
a petty offense (provided the licensee has answered the charge which was the
basis of the suspension under Section 6-306.3 or 6-308), and there shall be imposed no
additional like period of suspension as provided in paragraph (b) of Section
6-303.
(d) For violations of this Code or a similar provision of a local ordinance for which a violation is a petty offense as defined by Section 5-1-17 of the Unified Code of Corrections, excluding business offenses as defined by Section 5-1-2 of the Unified Code of Corrections or a violation of Section 15-111 or subsection (d) of Section 3-401 of this Code, if the violation may be satisfied without a court appearance, the violator may, pursuant to Supreme Court Rule, satisfy the case with a written plea of guilty and payment of fines, penalties, and costs as established by the Supreme Court for the offense. (Source: P.A. 101-652, eff. 1-1-23.)
|
(625 ILCS 5/Ch. 6 Art. VII heading) ARTICLE VII.
DRIVER LICENSE COMPACT
|
(625 ILCS 5/6-700) (from Ch. 95 1/2, par. 6-700)
Sec. 6-700.
Definitions.
As used in this compact:
(a) "State" means a state, territory or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and has the power to
suspend or revoke the use of the license or permit to operate a motor
vehicle.
(c) "Conviction" means a conviction of any offense related to the use or
operation of a motor vehicle which is prohibited by state law, municipal
ordinance or administrative rule or regulation, or a forfeiture of bail,
bond or other security deposited to secure appearance by a person charged
with having committed any such offense, and which conviction or forfeiture
is required to be reported to the licensing authority.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-701) (from Ch. 95 1/2, par. 6-701)
Sec. 6-701.
Findings and declaration of policy.
(a) The party states find that:
1. The safety of their streets and highways is | ||
| ||
2. Violation of such a law or ordinance is evidence | ||
| ||
3. The continuance in force of a license to drive is | ||
| ||
(b) It is the policy of each of the party states to:
1. Promote compliance with the laws, ordinances and | ||
| ||
2. Make the reciprocal recognition of licenses to | ||
| ||
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-702) (from Ch. 95 1/2, par. 6-702)
Sec. 6-702.
Reports of Conviction.
The licensing authority of a party state shall report each conviction of
a person from another party state occurring within its jurisdiction to the
licensing authority of the home state of the licensee. Such report shall
clearly identify the person convicted; describe the violation specifying
the section of the statute, code or ordinance violated; identify the court
in which action was taken; indicate whether a plea of guilty or not guilty
was entered, or the conviction was a result of the forfeiture of bail, bond
or other security; and shall include any special findings made in
connection therewith.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-703) (from Ch. 95 1/2, par. 6-703)
Sec. 6-703. Effect of conviction.
(a) The licensing authority in the home state, for the purposes of
suspension, revocation or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
Section 6-702, as it would if such conduct had occurred in the home state,
in the case of convictions for:
1. Manslaughter or negligent homicide resulting from | ||
| ||
2. Driving a motor vehicle while under the influence | ||
| ||
3. Any felony in the commission of which a motor | ||
| ||
4. Failure to stop and render aid in the event of a | ||
| ||
(b) As to other convictions, reported pursuant to Section 6-702, the
licensing authority in the home state shall give such effect to the conduct
as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed in
paragraph (a) of this Section, such party state shall construe the
denominations and descriptions appearing in paragraph (a) hereof as being
applicable to and identifying those offenses or violations of a
substantially similar nature, and the laws of such party state shall
contain such provision as may be necessary to ensure that full force and
effect is given to this Section.
(Source: P.A. 102-982, eff. 7-1-23.)
|
(625 ILCS 5/6-704) (from Ch. 95 1/2, par. 6-704)
Sec. 6-704. Applications for new licenses.
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is the
holder of a license to drive issued by any other party state. The licensing
authority in the state where application is made shall not issue a license
to drive to the applicant if:
1. The applicant has held such a license, but the | ||
| ||
2. The applicant has held such a license, but the | ||
| ||
3. The applicant is the holder of a license to drive | ||
| ||
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-705) (from Ch. 95 1/2, par. 6-705)
Sec. 6-705.
Applicability of Other Laws.
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party state
to apply any of its other laws relating to the licenses to drive to any
person or circumstance, nor to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party state and a
nonparty state.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-706) (from Ch. 95 1/2, par. 6-706)
Sec. 6-706.
Compact Administrator and Interchange of Information.
(a) The head of the licensing authority of each party state shall be
administrator of this compact for his state. The administrators, acting
jointly, shall have the power to formulate all necessary and proper
procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-707) (from Ch. 95 1/2, par. 6-707)
Sec. 6-707.
Entry into Force and Withdrawal.
(a) This compact shall enter into force and become effective as to any
state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until 6 months
after the executive head of the withdrawing state has given notice of the
withdrawal to the executive heads of all other party states. No withdrawal
shall affect the validity or applicability by the licensing authorities of
states remaining party to the compact of any report of conviction occurring
prior to the withdrawal.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-708) (from Ch. 95 1/2, par. 6-708)
Sec. 6-708. Construction and Severability. (a) This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) As used in the compact, the term "licensing authority" with
reference to this state, means the Secretary of State. The Secretary of
State shall furnish to the appropriate authorities of any other party state
any information or documents reasonably necessary to facilitate the
administration of Sections 6-702, 6-703 and 6-704 of the compact.
(c) The compact administrator provided for in Section 6-706 of the
compact shall not be entitled to any additional compensation on account of
his service as such administrator, but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such
administrator, in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
(d) As used in the compact, with reference to this state, the term
"executive head" shall mean the Governor.
(e) The phrase "manslaughter or negligent homicide," as used in
subparagraph (1) of paragraph (a) of Section 6-703 of the compact includes
the offense of reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, or in any predecessor
statute, as well as the offenses of second degree murder and involuntary
manslaughter.
The offense described in subparagraph (2) of paragraph (a) of Section
6-703 of the compact includes any violation of Section 11-501 of this
Code or any similar provision of a local ordinance.
The offense described in subparagraph (4) of paragraph (a) of Section
6-703 of the compact includes any violation of paragraph (a) of Section
11-401 of this Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(625 ILCS 5/Ch. 6 Art. VIII heading) ARTICLE VIII.
NONRESIDENT VIOLATOR COMPACT
|
(625 ILCS 5/6-800) (from Ch. 95 1/2, par. 6-800)
Sec. 6-800.
The Nonresident Violator Compact, hereinafter referred to
as the Compact, is hereby enacted into law and entered into with all other
jurisdictions legally joining therein.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-801) (from Ch. 95 1/2, par. 6-801)
Sec. 6-801.
Findings, Declaration of Policy and Purpose.
(a) The party
jurisdictions find that:
1. In most instances, a motorist who is cited for a traffic violation
in a jurisdiction other than the motorist's home jurisdiction:
(i) Must post collateral or bond to secure appearance for trial at a later date; or
(ii) If unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or
(iii) Is taken directly to court for immediate disposition.
2. A motorist receiving a traffic citation in the motorist's home jurisdiction
is permitted, except for certain violations, to accept the citation from the
officer at the scene of the violation, voluntarily deposit a valid driver's
license and immediately continue after promising or being instructed to
comply with the terms of the citation.
3. The purpose of the practices described in subsections 1 and 2 of paragraph
(a) is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue after receiving the traffic citation,
could return to the motorist's home jurisdiction and disregard any duty
under the terms of the traffic citation.
4. The practice described in subsection 1 of paragraph (a) causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at
the time to post collateral, furnish a bond, stand trial, or pay the fine,
and thus is compelled to remain in custody until some arrangement can be made.
5. The deposit of a driver's license as a bail bond, as described in subsection
2 of paragraph (a), is viewed with disfavor.
6. The practices described herein consume an undue amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
1. Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of
the jurisdictions.
2. Allow a motorist to accept a traffic citation for certain violations
and proceed without delay whether or not the motorist is a resident of the
jurisdiction in which the citation was issued.
3. Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.
4. Maximize effective utilization of law enforcement personnel and assist
court systems in the efficient disposition of traffic violations.
(c) The purpose of the Compact is to:
1. Provide a means through which the party jurisdictions may participate
in a reciprocal program to effectuate the policies enumerated in paragraph
(b) above in a uniform and orderly manner.
2. Provide for the fair and impartial treatment of traffic violators operating
within party jurisdictions in recognition of the motorist's right of due
process and the sovereign status of a party jurisdiction.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-802) (from Ch. 95 1/2, par. 6-802)
Sec. 6-802.
Definitions.
In the Nonresident Violator Compact, the following
words have the meanings indicated, unless the context requires otherwise.
1. "Citation" means any summons, ticket, or other official document issued
by a police officer for a traffic violation containing an order which requires
the motorist to respond.
2. "Collateral" means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a citation
for a traffic violation.
3. "Court" means a court of law or traffic tribunal.
4. "Driver's license" means any license or privilege to operate a motor
vehicle issued under the laws of this State.
5. "Home Jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.
6. "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.
7. "Jurisdiction" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
8. "Motorist" means a driver of a motor vehicle operating in a party jurisdiction.
9. "Personal recognizance" means an agreement by a motorist made at the
time of issuance of the traffic citation that such motorist will comply
with the terms of that traffic citation.
10. "Police officer" means every officer authorized to make arrests and
issue citations for traffic violations.
11. "Secretary" means the Illinois Secretary of State.
12. "Terms of the citation" means those options expressly stated upon the citation.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
Sec. 6-803. Procedure for issuing jurisdiction. (a) When issuing a citation
for a traffic violation, a police officer shall issue the citation
to a motorist who possesses a valid driver's license issued by a party
jurisdiction
and shall not, subject to paragraph (b) of this
Section, require the motorist to post collateral to secure appearance, if
the officer receives the motorist's personal recognizance to comply with
the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law.
If mandatory appearance is required, it must take place according to law,
following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation,
the appropriate official shall report the failure to comply, in a manner
prescribed by the Secretary, to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be made in accordance
with procedures specified by the Secretary and shall contain information
as specified by the Secretary as minimum requirements for effective processing
by the home jurisdiction.
(d) Upon receipt of the report, the Secretary shall transmit to the licensing
authority in the home jurisdiction of the motorist the information in a
form and content as contained in the Compact Manual.
(e) The Secretary may not suspend the privileges of a motorist for whom
a report has been transmitted, under the terms of this Compact, to another
member jurisdiction.
(f) The Secretary shall not transmit a report on any violation if the
date of transmission is more than 6 months after the date on which the traffic
citation was issued.
(g) The Secretary shall not transmit a report on any violation where the
date of issuance of the citation predates the most recent of the effective
dates of entry for the two jurisdictions affected.
(Source: P.A. 100-674, eff. 1-1-19.)
|
(625 ILCS 5/6-804) (from Ch. 95 1/2, par. 6-804)
Sec. 6-804.
Procedure for Home Jurisdiction.
(a) Upon receipt of a
report of a failure to comply from the Secretary, the licensing authority
of the home jurisdiction shall notify the motorist and initiate a suspension
action in accordance with the home jurisdiction's procedures to suspend
the motorist's driver's license until satisfactory
evidence of compliance with the terms of the traffic citation has been furnished
to the Secretary. Due process safeguards will be accorded.
(b) The Secretary shall maintain a record of actions taken and make reports
to issuing jurisdictions as provided in the Compact Manual.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-805) (from Ch. 95 1/2, par. 6-805)
Sec. 6-805.
Applicability of Other Laws.
Except as expressly required
by provisions of this Compact, nothing contained herein shall be construed
to affect the right of any party jurisdiction to apply any of its other
laws relating to licenses to drive to any person or circumstance, or to
invalidate or prevent any driver license agreement or other cooperative
agreement between a party jurisdiction and a nonparty jurisdiction.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-806) (from Ch. 95 1/2, par. 6-806)
Sec. 6-806.
Compact Administrator Procedures.
(a) For the purpose of
administering the provisions of this Compact and to serve as a governing
body for the resolution of all matters relating to the operation of this
Compact, a Board of Compact Administrators is established. The Board shall
be composed of one representative from each party jurisdiction to be known
as the Compact Administrator. The Compact Administrator shall be appointed
by the Secretary and will serve and be subject to removal in accordance
with the laws of the jurisdiction represented. A Compact Administrator
may provide for the discharge of duties and the performance of the functions
as a Board Member to an alternate. An alternate may not be entitled to
serve unless written identification notice has been given to the Board.
(b) Each member of the Board of Compact Administrators shall be entitled
to one vote. No action of the Board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the Board are
cast in favor. Action by the Board shall be only at a meeting at which
a majority of the party jurisdictions are represented.
(c) The Board shall elect annually, from its membership, a Chairman and Vice Chairman.
(d) The Board shall adopt bylaws, not inconsistent with the provisions
of this Compact or the laws of a party jurisdiction, for the conduct of
its business and shall have the power to amend and rescind its bylaws.
(e) The Board may accept, for any of its purposes and functions under
this Compact, any and all donations, grants of money, equipment, supplies,
materials and services, conditional or otherwise, from any jurisdiction,
the United States, or any other governmental agency, and may receive, utilize
and dispose of the same.
(f) The Board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, person, firm, or corporation,
or any private nonprofit organization or institution.
(g) The Board shall formulate all necessary procedures and develop uniform
forms and documents for administering the provisions of this Compact. All
procedures and forms adopted pursuant to Board action shall be contained
in the Compact Manual.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-807) (from Ch. 95 1/2, par. 6-807)
Sec. 6-807.
Entry into Compact and Withdrawal.
(a) This Compact shall
become effective when it has been adopted by at least 2 jurisdictions.
(b) Entry into the Compact shall be made by a Resolution of Ratification
executed by the Secretary and submitted to the Chairman of the Board.
1. The resolution shall be in a form and content as provided in the Compact
Manual and shall include statements that in substance are as follows:
(i) A citation of the authority by which the jurisdiction is empowered
to become a party to this Compact.
(ii) Agreement to comply with the terms and provisions of the Compact.
(iii) That Compact entry is with all jurisdictions then party to the Compact
and with any jurisdiction that legally becomes a party to the Compact.
2. The effective date of entry shall be specified by the Secretary, but
it shall not be before July 1, 1984 nor fewer than 60 days after notice
has been given by the Chairman of the Board of Compact Administrators or
by the American Association of Motor Vehicle Administrators that each party
jurisdiction has received the Secretary's resolution.
A withdrawal shall not take effect until 90 days after notice of withdrawal
is given. The notice shall be directed to the Compact Administrator of
each member jurisdiction. No withdrawal shall affect the validity of this
Compact as to the remaining party jurisdictions.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-808) (from Ch. 95 1/2, par. 6-808)
Sec. 6-808.
Exceptions.
The provisions of this Compact shall not apply
to parking or standing violations, highway weight limit violations, or to
violations of law governing the transportation of hazardous materials.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-809) (from Ch. 95 1/2, par. 6-809)
Sec. 6-809.
Amendments to the Compact.
(a) This Compact may be amended
from time to time. Amendments shall be presented in resolution form to
the Chairman of the Board of Compact Administrators and may be initiated
by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions
and shall become effective 30 days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the Compact Chairman
within 12 days after receipt of the proposed amendment shall constitute endorsement.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-810) (from Ch. 95 1/2, par. 6-810)
Sec. 6-810.
Construction.
This Compact shall be liberally construed
so as to effectuate the purposes stated herein.
If this Compact shall be held contrary to the Constitution of any jurisdiction
party thereto, the Compact shall remain in full force and effect as to the
remaining jurisdictions.
(Source: P.A. 83-385.)
|