(625 ILCS 5/5-104.2)
Sec. 5-104.2.
Nonconforming vehicles; sale.
(a) Every manufacturer shall be prohibited from reselling any motor
vehicle that has been finally ordered, determined, or adjudicated as having
a nonconformity under the New Vehicle Buyer Protection Act or a similar law
of any state, territory, or country, and that the manufacturer repurchased
or replaced because of the nonconformity, unless the manufacturer has
corrected the nonconformity and issues a disclosure statement prior to
resale stating that the vehicle was repurchased or replaced under the New
Vehicle Buyer Protection Act or similar law of any other state, territory,
or country; identifying the nonconformity; and warranting that the
nonconformity has been corrected. The disclosure statement must accompany
the vehicle through the first retail purchase.
(b) "Nonconformity" refers to a new vehicle's failure to conform to all
express warranties applicable to the vehicle, which failure substantially
impairs the use, market value, or safety of the vehicle.
(c) The disclosure statement referred to in subsection (a) shall be in
substantially the same form as below:
"IMPORTANT
Vehicle Identification Number (VIN): (Insert VIN Number); | ||
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The customer shall sign the disclosure statement. This disclosure language
shall be in at least 8-point type.
(Source: P.A. 88-415.)
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(625 ILCS 5/5-104.3)
Sec. 5-104.3. Disclosure of rebuilt vehicle.
(a) No person shall knowingly, with intent to defraud or deceive
another, sell a
vehicle for which a rebuilt title has been issued unless that vehicle is
accompanied by a Disclosure of Rebuilt Vehicle Status form, properly signed
and delivered to the buyer.
(a-5) No dealer or rebuilder licensed under Sections 5-101, 5-102, or 5-301 of this Code shall sell a vehicle for which a rebuilt title has been issued from another jurisdiction without first obtaining an Illinois certificate of title with a "REBUILT" notation under Section 3-118.1 of this Code. (b) The Secretary of State may by rule or regulation prescribe the format
and information contained in the Disclosure of Rebuilt Vehicle Status form.
(c) A violation of subsection (a) or (a-5) of this Section is a
Class A misdemeanor.
A second or subsequent violation of subsection (a) or (a-5) of this Section is a
Class 4 felony.
(Source: P.A. 100-104, eff. 11-9-17; 100-863, eff. 8-14-18.)
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(625 ILCS 5/5-105) (from Ch. 95 1/2, par. 5-105)
Sec. 5-105. Investigation of licensee required. Every person seeking
a license under Chapter 5 of this Act, as part of the application process,
authorizes an investigation to determine if the applicant has ever been
convicted of a crime and if so, the disposition of those convictions. This
authorization shall indicate the scope of the inquiry and the agencies which
may be contacted. Upon this authorization the Secretary of State may request
and receive information and assistance from any Federal, State or local
governmental agency as part of the authorized investigation. The Illinois State Police shall provide information concerning
any criminal convictions
and their disposition brought against the applicant upon request of the
Secretary of State when the request is made in the form and manner required
by the Illinois State Police. The information
derived from this
investigation, including the source of
this information, and any conclusions or recommendations derived from this
information by the Secretary of State shall be provided to the applicant
or his designee. Upon request to the Secretary of State prior to any final
action by the Secretary of State on the application, no information obtained
from such investigation may be placed in any automated information system.
Any criminal convictions and their disposition information
obtained by the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State, except
as required herein, and may not be transmitted to anyone within the Office
of the Secretary of State except as needed for the purpose of evaluating
the application.
All criminal convictions and their disposition and information obtained
by the Division of Investigation shall be destroyed no later than 60 days
after the Division of Investigation has made a final ruling on the application,
and all rights of appeal have expired and pending appeals have been completed.
The only physical identity materials which the applicant can be required
to provide the Secretary of State are photographs or fingerprints. Only
information and standards which bear a reasonable and rational relation
to the performance of a licensee shall be used by the Secretary of State.
The Secretary of State shall adopt rules and regulations for the administration
of this Section. Any employee of the Secretary of State who gives or causes
to be given away any confidential information concerning any criminal
convictions
and their disposition of an applicant shall be guilty of a Class A misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/5-106) (from Ch. 95 1/2, par. 5-106)
Sec. 5-106.
No person may keep open, operate, or assist in keeping open
or operating any established or additional place of business for the
purpose of buying, selling, bartering, exchanging, or leasing for a period
of 1 year or more, or offering for sale, barter, exchange, or lease for a
period of 1 year or more, any motor vehicle, whether new or used, on the
first day of the week, commonly called Sunday; provided, that this Section
does not apply to the opening of an established or additional place of
business on Sunday for the following purposes:
(1) to sell petroleum products, tires or repair parts | ||
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(2) to operate and conduct a motor vehicle repair | ||
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(3) to supply services for the washing, towing or | ||
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(4) to participate in a trade show exhibition or | ||
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(5) to sell motorcycles, motor driven cycles, | ||
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(6) to offer for sale manufactured housing;
(7) to sell self-contained motor homes, mini motor | ||
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(Source: P.A. 89-551, eff. 1-1-97.)
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(625 ILCS 5/5-107) (from Ch. 95 1/2, par. 5-107)
Sec. 5-107. Bond exemption. The following persons shall be exempt from
the bond required
in Sections 5-101 and 5-102: (1) Any person who has been
continuously
licensed under Section 5-101 or 5-102 since calendar year
1983; (2) any licensee who as determined by the Secretary of State, has
faithfully and continuously complied with conditions of the bond
requirement for a period of 60 consecutive months after the effective date of this amendatory Act of the 100th General Assembly.
This exemption shall continue for each licensee until such time as he may
be determined by the Secretary of State to be delinquent or deficient in
the transmittal of title and registration fees or taxes.
A person whose license is cancelled due to the voluntary surrender of
such license, who applies for a new license for the same license year or
one license year after the license year of the cancelled license, will
remain exempt under paragraph (1) above if the only break in the continuous
licensure is caused by the cancellation due to the voluntary surrender of
the license.
(Source: P.A. 100-450, eff. 1-1-18 .)
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(625 ILCS 5/5-108) (from Ch. 95 1/2, par. 5-108)
Sec. 5-108.
Vehicle Referral and Marketing Services.
Nothing in this
Code shall be construed to prohibit a credit union, as defined in the
Illinois Credit Union Act, a bank, as defined in the Illinois Banking Act,
or any firm, copartnership, association or corporation from advertising the
sale of motor vehicles by licensed dealers or advertising motor vehicle
purchase opportunities from licensed dealers, from referring potential
purchasers of motor vehicles to licensed dealers, or from soliciting
purchasers of motor vehicles for licensed dealers. However, any motor
vehicle sale resulting from those activities may only be consummated by a
dealer licensed under Section 5-101 or 5-102 of this Code.
(Source: P.A. 87-380.)
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(625 ILCS 5/5-109)
Sec. 5-109. Manufacturers and distributors; fees.
(a) "Manufacturer" means any person who manufactures or assembles new
motor vehicles either within or without of this State.
(b) "Distributor" means any person who distributes or sells new motor
vehicles to new vehicle dealers, or who maintains distributor representatives
in this State, and who is not a manufacturer.
(c) Each manufacturer and distributor doing business in this State shall
pay an annual fee of $1500 to the Secretary of State to be deposited into the Motor Vehicle Review Board Fund.
(Source: P.A. 99-127, eff. 1-1-16 .)
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(625 ILCS 5/Ch. 5 Art. II heading) ARTICLE II.
TRANSPORTERS
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(625 ILCS 5/5-201) (from Ch. 95 1/2, par. 5-201)
Sec. 5-201.
Transporters must apply for in-transit plates.
(a) No person shall engage in this State in the business as a
transporter until such person shall apply for and receive from the
Secretary of State a generally distinctive set of two "in-transit license
plates" for any vehicle so transported by him.
(b) An application for a generally distinctive number under this Article
shall be filed with the Secretary of State, duly verified by oath and in
such form as the Secretary of State may by rule or regulation prescribe and
shall contain the name and business address of such person, the
certificate, registration or permit number issued by the Illinois Commerce
Commission and such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation prescribe. If
the applicant does not hold a certificate, registration or permit from the
Illinois Commerce Commission to so transport, such application shall be
denied.
(c) An application for a generally distinctive set of two "in-transit
license plates" shall be accompanied by the prescribed fee. Upon the
payment of such license fee, such application shall be filed and recorded
in the office of the Secretary of State. Thereupon the Secretary of State
shall assign and issue to such person a generally distinctive number and
without any further expense to him shall deliver to such person at his
business address a certificate of registration in such form as the
Secretary of State may prescribe and one set of two "in-transit license
plates" with a number corresponding to the number of such certificate of
registration. Such in-transit plates shall be used by such person only on
vehicles transported, but not owned, by him.
(d) Except as provided in sub-section (3) hereof, all certificates of
registration and "in-transit plates" granted under this Section shall
expire by operation of law on December 31 of the calendar year for which
they are granted unless sooner revoked under the provisions of Section
5-501 of this Chapter.
(e) A certificate of registration under this Article may be renewed upon
application and payment of the fee required herein as in the case of an
original application, provided, however, that in case an application for
renewal of an effective registration is made during the month of December,
such existing registration shall remain in force until such application for
renewal is granted by the Secretary of State.
(f) Any person registered as a transporter under the Article may make
application for additional duplicate sets of "in-transit plates" on such
form as the Secretary of State may by rule or regulation prescribe, from
time to time to obtain as many duplicate sets of "in-transit plates" as he
may desire upon payment of the prescribed fee for each set. Such duplicate
plates shall bear the number of that person's original certificate of
registration.
(g) In case of loss or destruction of one license plate issued to a
transporter under this Section such transporter may obtain a duplicate of
the same by filing an affidavit to that effect with the Secretary of State,
accompanied by the prescribed fee.
(h) An original "in-transit plate" or a duplicate shall be attached to
the front and rear of each vehicle so transported in this State; provided,
that if one such vehicle is towing another such vehicle, one plate or
duplicate plate shall be attached to the front of the towing vehicle and
one such plate to the rear of the rearmost towed vehicle.
(i) Anything in this Chapter to the contrary notwithstanding, the
provisions of this Section shall not apply to a non-resident engaged in
such business and using the public highways of this State if he has an
"in-transit plate" or license from the State, foreign country or province,
territory or federal district of which he is a resident and such State,
country, province, territory or district grants a like exemption to
residents of this State.
(Source: P.A. 76-1586.)
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(625 ILCS 5/5-202) (from Ch. 95 1/2, par. 5-202)
Sec. 5-202. Tow or Wrecker operators must register tow or wrecker
vehicles. (a) No person in this State shall engage in the business of operating a
tow truck or wrecker or operate a tow or wrecker vehicle until
such person shall register any vehicle to be used for such purpose and
apply for and receive from the Secretary of State a generally distinctive
set of 3 "tow truck" plates for any towing or wrecker vehicle operated by him.
(b) An application for registration for a generally distinctive set of 3
"tow truck" plates
under this Article shall be filed with the Secretary of State, duly
verified by oath and in such form as the Secretary of State may by rule or
regulation prescribe and shall contain the name and business address of
such person, the vehicle identification number of the vehicle for which
such application is made, proof of insurance as set forth in paragraph (d)
of Section 12-606 of
this Code, and such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation prescribe.
(c) The application for registration and a generally distinctive set of
3 "tow truck" plates shall be accompanied by the prescribed fee. Upon
payment of such fee, such registration and application shall be filed and
recorded in the office of the Secretary of State. Thereupon the Secretary
of State shall assign and issue to such person a generally distinctive
number for each vehicle and without further expense to him shall deliver to
such person at his place of business address one set
of 3
"tow truck" plates. Such "tow truck" plates shall be used by such
person only on the vehicle for which application was made and the vehicle
being towed, and are not transferable.
(d) All
"tow truck" plates granted under this Section shall expire
by operation of law on December 31 of the calendar year for which they are
granted unless sooner revoked under the provisions of Section 5-501 of this Chapter.
(e) One "tow truck" plate shall be attached to the front and rear of
each registered vehicle, and one "tow truck"
plate
shall be attached to the rear of the vehicle being towed unless the
towed vehicle displays a valid registration plate or digital registration plate visible from the rear
while being towed,
so that the numbers and letter on the plate are
clearly visible to any person following the vehicle being towed. However,
illumination of the rear plate required by subsection (c) of Section
12-201 of this Code shall not apply to the third plate displayed on
the towed vehicle. In
addition, the vehicle registration plates or digital registration plates assigned to the vehicle being
towed shall be displayed as provided in Section 3-413 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/5-207)
Sec. 5-207.
Licensing of towing services as dealers.
Any towing service
that sells or disposes of 5 or more vehicles in a calendar year to anyone
other than a person licensed under Chapter 5 of this Code must also be licensed
under Section 5-102 of this Chapter.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/Ch. 5 Art. III heading)
ARTICLE III.
USED PARTS DEALERS, SCRAP
PROCESSORS, AUTOMOTIVE PARTS RECYCLERS AND REBUILDERS
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(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
Sec. 5-301. Automotive parts recyclers, scrap processors, repairers and
rebuilders must be licensed. (a) No person in this State shall, except as an incident to
the servicing of vehicles, carry on or conduct the business
of an automotive parts recycler, a scrap processor, a repairer,
or a rebuilder, unless licensed to do so in writing by the Secretary of
State under this Section. No person shall rebuild a salvage vehicle
unless such person is licensed as a rebuilder by the Secretary of State
under this Section. No person shall engage in the business of acquiring 5 or more previously owned vehicles in one calendar year for the primary purpose of disposing of those vehicles in the manner described in the definition of a "scrap processor" in this Code unless the person is licensed as an automotive parts recycler by the Secretary of State under this Section. No person shall engage in the act of dismantling, crushing, or altering a vehicle into another form using machinery or equipment unless licensed to do so and only from the fixed location identified on the license issued by the Secretary. Each license shall be applied for and issued
separately, except that a license issued to a new vehicle dealer under
Section 5-101 of this Code shall also be deemed to be a repairer license.
(b) Any application filed with the Secretary of State, shall be duly
verified by oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization of the | ||
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2. The kind or kinds of business enumerated in | ||
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3. If the applicant is a corporation, a list of its | ||
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4. A statement that the applicant's officers, | ||
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(a) the Anti-Theft Laws of the Illinois Vehicle | ||
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(b) the "Certificate of Title Laws" of the | ||
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(c) the "Offenses against Registration and | ||
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(d) the "Dealers, Transporters, Wreckers and | ||
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(e) Section 21-2 of the Criminal Code of 1961 or | ||
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(f) the Retailers Occupation Tax Act.
5. A statement that the applicant's officers, | ||
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(a) the Consumer Finance Act;
(b) the Consumer Installment Loan Act;
(c) the Retail Installment Sales Act;
(d) the Motor Vehicle Retail Installment Sales | ||
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(e) the Interest Act;
(f) the Illinois Wage Assignment Act;
(g) Part 8 of Article XII of the Code of Civil | ||
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(h) the Consumer Fraud Act.
6. An application for a license shall be accompanied | ||
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7. A statement that the applicant understands Chapter | ||
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8. A statement that the applicant shall comply with | ||
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9. A statement indicating if the applicant, including | ||
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10. The applicant's National Motor Vehicle Title | ||
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11. The full name, address, and contact information | ||
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(c) Any change which renders no longer accurate any information
contained in any application for a license filed with the Secretary of
State shall be amended within 30 days after the occurrence of such
change on such form as the Secretary of State may prescribe by rule or
regulation, accompanied by an amendatory fee of $2.
(d) Anything in this Chapter to the contrary, notwithstanding, no
person shall be licensed under this Section unless such person shall
maintain an established place of business as defined in this Chapter.
(e) The Secretary of State shall within a reasonable time after
receipt thereof, examine an application submitted to him under this
Section and unless he makes a determination that the application
submitted to him does not conform with the requirements of this Section
or that grounds exist for a denial of the application, as prescribed in
Section 5-501 of this Chapter, grant the applicant an original license
as applied for in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation which shall
include the following:
1. the name of the person licensed;
2. if a corporation, the name and address of its | ||
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3. a designation of the kind or kinds of business | ||
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4. in the case of an original license, the | ||
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5. in the case of a supplemental license, the | ||
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6. the full name, address, and contact information of | ||
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(f) The appropriate instrument evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept, posted,
conspicuously in the established place of business of the
licensee and in each additional place of business, if any, maintained by
such licensee. The licensee also shall post conspicuously in the
established place of business and in each additional place of business a
notice which states that such business is required to be licensed by the
Secretary of State under Section 5-301, and which provides the license
number of the business and the license expiration date. This notice also
shall advise the consumer that any complaints as to the quality of service
may be brought to the attention of the Attorney General. The information
required on this notice also shall be printed conspicuously on all
estimates and receipts for work by the licensee subject to this Section.
The Secretary of State shall prescribe the specific format of this notice.
(g) Except as provided in subsection (h) hereof, licenses granted
under this Section shall expire by operation of law on December 31 of
the calendar year for which they are granted unless sooner revoked, nonrenewed, or
cancelled under the provisions of Section 5-501 or 5-501.5 of this Chapter.
(h) Any license granted under this Section may be renewed upon
application and payment of the fee required herein as in the case of an
original license, provided, however, that in case an application for the
renewal of an effective license is made during the month of December,
such effective license shall remain in force until such application is
granted or denied by the Secretary of State.
(i) All automotive
repairers and
rebuilders shall, in addition to the requirements of subsections (a)
through
(h) of this Section, meet the following licensing requirements:
1. provide proof that the property on which first | ||
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2. provide proof that the applicant for a repairer's | ||
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3. provide proof that the applicant for a rebuilder's | ||
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4. provide proof that the applicant has obtained or | ||
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5. provide proof that applicant has proper liability | ||
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6. provide proof that the applicant has obtained or | ||
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(i-1) All automotive repairers shall provide proof that they comply with all requirements of the Automotive Collision Repair Act.
(j) All automotive
parts
recyclers shall, in addition to the requirements of subsections (a) through
(h) of this Section, meet the following licensing requirements:
1. provide a statement that the applicant purchases 5 | ||
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2. provide proof that the property on which all first | ||
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3. provide proof that applicant complies with the | ||
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4. provide proof that applicant has obtained or | ||
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(Source: P.A. 101-572, eff. 8-23-19; 102-154, eff. 1-1-22 .)
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(625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)
Sec. 5-302. Out-of-state salvage vehicle buyer must be licensed. (a) No
person in this State shall sell at auction a salvage vehicle to a
nonresident individual or business licensed in the United States unless the nonresident is licensed in another state or jurisdiction and provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, a federal employer identification number, or a government-issued driver's license or passport. A person in this State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity.
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) An out-of-state salvage vehicle buyer shall be subject to the
inspection of records pertaining to the acquisition of salvage vehicles in
this State in accordance with this Code and such rules as the Secretary of
State may promulgate.
(h) (Blank).
(i) (Blank).
(j) An out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT". (Source: P.A. 101-572, eff. 8-23-19.)
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(625 ILCS 5/Ch. 5 Art. IV heading) ARTICLE IV.
RECORDS REQUIRED TO BE KEPT
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(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
Sec. 5-401.2. Licensees required to keep records and make inspections.
(a) Every person licensed or required to be licensed under Section 5-101,
5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or 5-302 of this Code, shall, with the exception of
scrap
processors, maintain for 3 years, in a form as the Secretary of State may by
rule or regulation prescribe, at his established place of business, additional
place of business, or principal place of business if licensed under Section
5-302, the following records relating to the acquisition or disposition of
vehicles and their essential parts possessed in this State, brought into this
State from another state, territory or country, or sold or transferred to
another person in this State or in another state, territory, or country.
(1) The following records pertaining to new or used | ||
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(A) the year, make, model, style and color of the | ||
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(B) the vehicle's manufacturer's identification | ||
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(C) the date of acquisition of the vehicle;
(D) the name and address of the person from whom | ||
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(E) the signature of the person making the | ||
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(F) the purchase price of the vehicle, if | ||
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(G) the date of the disposition of the vehicle;
(H) the name and address of the person to whom | ||
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(I) the uniform invoice number reflecting the | ||
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(J) The sale price of the vehicle, if applicable.
(2) (A) The following records pertaining to used | ||
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(i) the year, make, model, color and type of such | ||
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(ii) the vehicle's manufacturer's identification | ||
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(iii) the date of the acquisition of each part;
(iv) the name and address of the person from whom | ||
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(v) the uniform invoice number or out-of-state | ||
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(vi) the stock number assigned to the essential | ||
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(vii) the date of the disposition of such part;
(viii) the name and address of the person to whom | ||
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(ix) the uniform invoice number reflecting the | ||
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(B) Inspections of all essential parts shall be | ||
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(C) A separate entry containing all of the | ||
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(D) The vehicle's manufacturer's identification | ||
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(E) The records of essential parts required to be | ||
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(F) The requirements of paragraph (2) of subsection | ||
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(3) the following records for vehicles on which junking certificates are
obtained shall be kept:
(A) the year, make, model, style and color of the | ||
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(B) the vehicle's manufacturer's identification | ||
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(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the | ||
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(E) the certificate of title number or salvage | ||
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(F) the junking certificate number obtained by the | ||
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(G) the name and address of the person to whom the | ||
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(H) if the vehicle or any part of the vehicle is | ||
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(4) The following records for rebuilt vehicles shall be kept:
(A) the year, make, model, style and color of the | ||
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(B) the vehicle's manufacturer's identification | ||
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(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the | ||
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(E) the salvage certificate number for the vehicle;
(F) the newly issued certificate of title number for | ||
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(G) the date of disposition of the vehicle;
(H) the name and address of the person to whom the | ||
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(I) The sale price of the vehicle.
(a-1) A person licensed or required to be licensed under Section 5-101 or
Section 5-102 of this Code who issues temporary registration permits as
permitted by
this Code and by rule must electronically file the registration with the
Secretary and must maintain records of the registration in the manner
prescribed by the Secretary.
(b) A failure to make separate entries for each vehicle acquired,
disposed of, or assigned, or a failure to record any of the specific
information required to be recorded concerning the acquisition or
disposition of each vehicle as set forth in paragraphs (1),
(3) and (4) of subsection (a) shall constitute a failure to keep records.
(c) All entries relating to the acquisition of a vehicle or essential
part required by subsection (a) of this Section shall be recorded no later than
the close of business on the seventh calendar day following such acquisition.
All entries relating to the disposition of a vehicle or an essential part
shall be made at the time of such disposition. If the vehicle or essential
part was disposed of on the same day as its acquisition or the day
thereafter, the entries relating to the acquisition of the vehicle or
essential part shall be made at the time of the disposition of the vehicle
or essential part. Failure to make the entries required in or at the times
prescribed by this subsection following the acquisition or disposition of
such vehicle or essential part shall constitute a failure to keep records.
(d) Every person licensed or required to be licensed shall,
before accepting delivery of a used vehicle, inspect the
vehicle to determine whether the manufacturer's public vehicle
identification number has been defaced, destroyed,
falsified, removed, altered, or tampered with in any way. If the person
making the inspection determines that the manufacturer's public vehicle
identification number has been altered, removed, defaced, destroyed,
falsified or tampered with he shall not acquire that vehicle but instead
shall promptly notify law enforcement authorities of his finding.
(e) The information required to be kept in subsection (a) of this
Section shall be kept in a manner prescribed by rule or regulation of the
Secretary of State.
(f) Every person licensed or required to be licensed shall have in his
possession a separate certificate of title, salvage certificate, junking
certificate, certificate of purchase, uniform invoice, out-of-state bill of
sale or other acceptable documentary evidence of his right to the
possession of every vehicle or essential part.
(g) Every person licensed or required to be licensed as a transporter
under Section 5-201 shall maintain for 3 years, in such form as the
Secretary of State may by rule or regulation prescribe, at his principal
place of business a record of every vehicle transported by him, including
numbers of or other marks of identification thereof, the names and
addresses of persons from whom and to whom the vehicle was delivered and
the dates of delivery.
(h) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the licensee shall
notify the Secretary of State that he is going out of business or that he
is transferring the ownership of the business. Failure to notify under this
paragraph shall constitute a failure to keep records.
(i) (Blank).
(j) A person who knowingly fails to comply with the provisions of this
Section or
knowingly fails to obey, observe, or comply with any order of the Secretary or
any law
enforcement agency issued
in accordance with this Section is guilty of a Class B misdemeanor for the
first violation and a Class A misdemeanor for the second and subsequent
violations. Each violation constitutes a separate and distinct offense and a
separate count may be brought in the same indictment or information for each
vehicle or each essential part of a vehicle for which a record was not kept as
required by this Section.
(k) Any person convicted of failing to keep the records required by this
Section with intent to conceal the identity or origin of a vehicle or its
essential parts or with intent to defraud the public in the transfer or sale of
vehicles or their essential parts is guilty of a Class 2 felony. Each violation
constitutes a separate and distinct offense and a separate count may be brought
in the same indictment or information for each vehicle or
essential part of a vehicle for which a record was not kept as required by this
Section.
(l) A person may not be criminally charged with or convicted of both a
knowing failure to comply with this Section and a knowing failure to comply
with any order, if both offenses involve the same record keeping violation.
(m) The Secretary shall adopt rules necessary for implementation of this
Section, which may include the imposition of administrative fines.
(Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.)
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(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
Sec. 5-401.3. Scrap processors required to keep records. (a) Every person licensed or required to be licensed as a scrap processor
pursuant to Section 5-301 of this Chapter shall maintain for 3 years, at
his established place of business, the following records relating to the
acquisition of recyclable metals or the acquisition of a vehicle, junk vehicle, or vehicle cowl which has been
acquired for the purpose of processing into a form other than a vehicle,
junk vehicle or vehicle cowl which is possessed in the State or brought
into this State from another state, territory or country.
No scrap metal processor shall sell a vehicle or essential part, as such,
except for engines, transmissions, and powertrains, unless licensed to do so
under another provision of this Code. A scrap processor who is additionally
licensed as an automotive parts recycler shall not be subject to the record
keeping requirements for a scrap processor
when acting as an automotive parts
recycler.
(1) For a vehicle, junk vehicle, or vehicle cowl | ||
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(2) For a vehicle, junk vehicle or vehicle cowl | ||
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(3) In addition to the other information required on | ||
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(4) The scrap processor shall maintain a copy of a | ||
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(5) For recyclable metals valued at $100 or more, the | ||
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This subdivision (a)(5) does not apply to electrical | ||
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(b) Any licensee who knowingly fails to record any of the specific
information required to be recorded on the weight ticket required under any other subsection of this Section, or Section 5-401 of this Code, or who knowingly
fails to acquire and maintain for 3 years documentary proof of ownership in
one of the prescribed forms shall be guilty of a Class A misdemeanor and
subject to a fine not to exceed $1,000. Each violation shall constitute a
separate and distinct offense and a separate count may be brought in the
same complaint for each violation. Any licensee who commits a second
violation of this Section within two years of a previous conviction of a
violation of this Section shall be guilty of a Class 4 felony.
(c) It shall be an affirmative defense to an offense brought under
paragraph (b) of this Section that the licensee or person required to be
licensed both reasonably and in good faith relied on information appearing
on a Certificate of Title, a Salvage Certificate, a Junking Certificate, a
Secretary of State Manifest, a Secretary of State's Uniform Invoice, a
Certificate of Purchase, or other documentary proof of ownership prepared
under Section 3-117.1(a) of this Code, relating to the transaction for
which the required record was not kept which was supplied to the licensee
by another licensee or an out-of-state dealer.
(d) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the scrap
processor shall notify the Secretary of that fact. Failure to so notify
the Secretary of State shall constitute a failure to keep
records under this Section.
(e) Evidence derived directly or indirectly from the keeping of records
required to be kept under this Section shall not be admissible in a
prosecution of the licensee for an alleged violation of Section 4-102(a)(3) of this Code.
(Source: P.A. 100-956, eff. 1-1-19 .)
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(625 ILCS 5/5-401.4)
Sec. 5-401.4. Purchase of beer kegs by scrap processors. (a) A scrap processor may not purchase metal beer kegs from any person other than the beer manufacturer whose identity is printed, stamped, attached, or otherwise displayed on the beer keg, or the manufacturer's authorized representative. (b) The purchaser shall obtain a proof of ownership record from a person selling the beer keg, including any person selling a beer keg with an indicia of ownership that is obliterated, unreadable, or missing, and shall also verify the seller's identity by a driver's license or other government-issued photo identification. The proof of ownership record shall include all of the following information: (1) The name, address, telephone number, and | ||
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(2) The name and address of the buyer, or consignee | ||
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(3) A description of the beer keg, including its | ||
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(4) The date of transaction. (c) The information required to be collected by this Section shall
be kept for one year from the date of purchase or delivery,
whichever is later.
(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.) |
(625 ILCS 5/5-402) (from Ch. 95 1/2, par. 5-402)
Sec. 5-402.
Use of Department of Revenue Uniform Invoice for vehicle.
Every person licensed as a new vehicle dealer, as a used vehicle
dealer, or as a motor vehicle financing affiliate shall issue a Uniform
Invoice with respect to each transaction
wherein he disposes of a vehicle, except that where, in the same
transaction, a vehicle dealer transfers more than one vehicle to another
vehicle dealer for the purpose of resale, such seller for resale may issue
one Uniform Invoice to the purchaser covering all the vehicles involved in
that transaction and may report the transfer of all the vehicles involved
in that transaction to the Department on the same Uniform
Invoice-transaction reporting return form. Every person licensed as a
rebuilder shall likewise issue a Uniform Invoice with respect to each
transaction wherein he disposes of a rebuilt or restored vehicle. Such
Uniform Invoice shall be the same document as the transaction reporting
return referred to in Section 3 of the Retailers' Occupation Tax Act. Such
Uniform Invoice shall contain complete financial details of the transaction
in such form as shall be prescribed by the Department of Revenue. Such
Uniform Invoice shall include an affidavit by both the seller and the buyer
that any trade-in title has been properly assigned from the buyer to the
seller and that all information on the Uniform Invoice-transaction
reporting return is true and accurate.
(Source: P.A. 91-415, eff. 1-1-00.)
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(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
Sec. 5-402.1. Use of Secretary of State Uniform Invoice for Essential
Parts. (a) Except for scrap processors, every person licensed or required
to be licensed under Section 5-101, 5-101.1, 5-102, 5-102.8, or 5-301 of this Code
shall
issue, in a form the Secretary of State may by rule or regulation
prescribe, a Uniform Invoice, which may also act as a bill of sale, with respect to each transaction in which he disposes of
an essential part other than quarter panels and transmissions of vehicles
of the first division. Such Invoice shall be made out at the time of the
disposition of the essential part. If the licensee disposes of several
essential parts in the same transaction, the licensee may issue one Uniform
Invoice covering all essential parts disposed of in that transaction.
(b) The following information shall be contained on the Uniform Invoice:
(1) the business name, address, and dealer license | ||
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(2) the name and address of the person acquiring the | ||
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(3) the date of the disposition of the essential part;
(4) the year, make, model, color, and description of | ||
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(5) the manufacturer's vehicle identification number, | ||
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(6) the printed name and legible signature of the | ||
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(7) if the person is a dealer the printed name and | ||
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(c) Except for scrap processors, and except as set forth in subsection
(d) of this Section, whenever a person licensed or
required to be licensed by Section
5-101, 5-101.1, 5-102, or 5-301 accepts delivery of an essential
part, other than quarter panels and transmissions of vehicles of the
first division, that person shall, at the time of the acceptance or
delivery, comply
with the following procedures:
(1) Before acquiring or accepting delivery of any | ||
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If that part was physically acquired by or delivered | ||
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(2) If the person disposing of or delivering the | ||
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(3) If the person disposing of the essential part is | ||
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(d) If an essential part other than quarter panels and
transmissions of vehicles of the first division was delivered by a licensed commercial
delivery service delivering such part on behalf of a licensed dealer, the
person required to comply with subsection (c) of this Section may conduct
the inspection of that part required by paragraph (1) of subsection (c) and examination
of the Uniform Invoice or bill of sale required by paragraph (2) of subsection (c) of
this Section immediately after the acceptance of the part.
(1) If the inspection of the essential part pursuant | ||
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(2) If the examination of the Uniform Invoice or bill | ||
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(e) Except for scrap processors, all persons licensed or required to
be licensed who acquire or
dispose of essential parts other than quarter panels and transmissions of
vehicles of the first division shall retain a copy of the Uniform Invoice
required to be made by subsections (a), (b), and (c) of this Section for a
period of 3 years.
(f) Except for scrap processors, any person licensed or required to
be licensed under Section 5-101,
5-102, or 5-301 who knowingly fails to record on a Uniform Invoice any of the
information or entries required to be recorded by subsections (a), (b), and
(c) of this Section, or who knowingly places false entries or other misleading
information on such Uniform Invoice, or who knowingly fails to retain for 3 years a
copy of a Uniform Invoice reflecting transactions required to be recorded
by subsections (a), (b), and (c) of this Section, or who knowingly acquires or
disposes of essential parts without receiving, issuing, or executing a
Uniform Invoice reflecting that transaction as required by subsections (a),
(b), and (c) of this Section, or who brings or causes to be brought into
this State essential parts for which the information required to be
recorded on a Uniform Invoice is not recorded as prohibited by subsection
(c) of this Section, or who knowingly fails to comply with the provisions of
this
Section in any other manner shall be guilty of a Class 2 felony. Each
violation shall constitute a separate and distinct offense and a separate
count may be brought in the same indictment or information for each
essential part for which a record was not kept as required by this Section
or for which the person failed to comply with other provisions of this
Section.
(g) The records required to be kept by this Section
may be examined by a person or persons making a lawful
inspection of the licensee's premises pursuant to Section 5-403.
(h) The records required to be kept by this Section shall be retained by
the licensee at his principal place of business for a period of 3 years.
(i) The requirements of this Section shall not apply to the disposition
of an essential part other than a cowl which has been damaged or altered to
a state in which it can no longer be returned to a usable condition and
which is being sold or transferred to a scrap processor or for delivery to
a scrap processor.
(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
Sec. 5-403. (1) Authorized representatives of the Secretary of State
including officers of the Secretary of State's Department of Police, other
peace officers, and such other individuals as the Secretary may designate
from time to time shall make inspections of individuals and facilities licensed
or required to be licensed under Chapter 5 of the Illinois Vehicle Code
for the purpose of reviewing records required to be maintained under
Chapter 5 for accuracy and completeness and reviewing and examining the
premises of the licensee's established or additional place of business
for the purpose of determining the accuracy of the required records.
Premises that may be inspected in order to determine the accuracy of the
books and records required to be kept includes all premises used by the
licensee to store vehicles and parts that are reflected by the required books and records.
(2) Persons having knowledge of or conducting inspections pursuant to
this Chapter shall not in advance of such inspections knowingly notify a
licensee or representative of a licensee of the contemplated inspection
unless the Secretary or an individual designated by him for this purpose
authorizes such notification. Any individual who, without authorization,
knowingly violates this subparagraph shall be guilty of a Class A misdemeanor.
(3) The licensee or a representative of the licensee shall be entitled
to be present during an inspection conducted pursuant to Chapter 5, however,
the presence of the licensee or an authorized representative of the licensee
is not a condition precedent to such an inspection.
(4) Inspection conducted pursuant to Chapter 5 may be initiated at any
time that business is being conducted or work is being performed, whether
or not open to the public or when the licensee or a representative of the
licensee, other than a mere custodian or watchman, is present. The fact
that a licensee or representative of the licensee leaves the licensed premises
after an inspection has been initiated shall not require the termination
of the inspection.
(5) Any inspection conducted pursuant to Chapter 5 shall not continue
for more than 24 hours after initiation.
(6) In the event information comes to the attention of the individuals
conducting an inspection that may give rise to the necessity of obtaining
a search warrant, and in the event steps are initiated for the procurement
of a search warrant, the individuals conducting such inspection may take
all necessary steps to secure the premises under inspection until the warrant
application is acted upon by a judicial officer.
(7) No more than 6 inspections of a premises may be conducted pursuant
to Chapter 5 within any 6 month period except pursuant to a search warrant.
Notwithstanding this limitation, nothing in this subparagraph (7) shall be
construed to limit the authority of law enforcement agents to respond to
public complaints of violations of the Code. For the purpose of this
subparagraph (7), a public complaint is one in which the complainant identifies
himself or herself and sets forth, in writing, the specific basis for their
complaint against the licensee. For the purpose of this subparagraph (7), the inspection of records pertaining only to recyclable metals, as provided in subdivision (a)(5) of Section 5-401.3 of this Code, shall not be counted as an inspection of a premises.
(8) Nothing in this Section shall be construed to limit the authority
of individuals by the Secretary pursuant to this Section to conduct searches
of licensees pursuant to a duly issued and authorized search warrant.
(9) Any licensee who, having been informed by a person authorized to
make inspections and examine records under this Section that he desires to
inspect records and the licensee's premises as authorized by this Section,
refuses either to produce for that person records required to be kept by
this Chapter or to permit such authorized person to make an inspection of
the premises in accordance with this Section shall subject the license to
immediate suspension by the Secretary of State.
(10) Beginning July 1, 1988, any person referenced under Section 5-302 shall
produce for inspection upon demand those records pertaining to the
acquisition of salvage vehicles in this State.
(Source: P.A. 95-253, eff. 1-1-08; 95-783, eff. 1-1-09; 95-979, eff. 1-2-09; 96-328, eff. 8-11-09.)
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(625 ILCS 5/5-403.1) (from Ch. 95 1/2, par. 5-403.1)
Sec. 5-403.1. Inventory system.
(a) Every person licensed or required
to be licensed under the provisions of Sections 5-101, 5-101.1, 5-102, 5-102.8, and
5-301 of
this Code shall, under rule and regulation prescribed by the Secretary of
State, maintain an inventory system of all vehicles or essential parts in
such a manner that a person making an inspection pursuant to the provisions
of Section 5-403 of this Code can readily ascertain the identity of such
vehicles or essential parts and readily locate such parts on the licensees
premises.
(b) Failure to maintain an inventory system as required under this Section
is a Class A misdemeanor.
(c) This Section does not apply to vehicles or essential parts which have
been acquired by a scrap processor for processing into a form other than
a vehicle or essential part.
(Source: P.A. 101-505, eff. 1-1-20 .)
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(625 ILCS 5/5-404) Sec. 5-404. Injunctions. The Illinois Attorney General or the State's Attorney for the county in which the scrap processor is located may initiate an appropriate action in the circuit court of the county in which a scrap processor is located to prevent the unlawful operation of a scrap processor, or to restrain, correct, or abate a violation of this Act, or to prevent any illegal act or conduct by the scrap processor.
(Source: P.A. 95-979, eff. 1-2-09.) |
(625 ILCS 5/Ch. 5 Art. V heading) ARTICLE V.
LICENSES--INJUNCTIONS
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(625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
Sec. 5-501. Denial, suspension or revocation or cancellation of a license. (a) The license of a person issued under this Chapter may be denied,
revoked or suspended if the Secretary of State finds that the applicant,
or the officer, director, shareholder having a ten percent or
greater ownership interest in the corporation, owner, partner, trustee,
manager, employee or the licensee
has:
1. Violated this Act;
2. Made any material misrepresentation to the | ||
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3. Committed a fraudulent act in connection with | ||
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4. As a new vehicle dealer has no contract with a | ||
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5. Not maintained an established place of business as | ||
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6. Failed to file or produce for the Secretary of | ||
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7. Previously had, within 3 years, such a license | ||
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8. Has committed in any calendar year 3 or more | ||
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a. the "Consumer Finance Act";
b. the "Consumer Installment Loan Act";
c. the "Retail Installment Sales Act";
d. the "Motor Vehicle Retail Installment Sales | ||
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e. "An Act in relation to the rate of interest | ||
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f. "An Act to promote the welfare of wage-earners | ||
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g. Part 8 of Article XII of the Code of Civil | ||
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h. the "Consumer Fraud Act";
9. Failed to pay any fees or taxes due under this | ||
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10. Converted an abandoned vehicle;
11. Used a vehicle identification plate or number | ||
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12. Violated the provisions of Chapter 5 of this Act, | ||
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13. Violated the provisions of Chapter 4 of this Act, | ||
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14. Violated the provisions of Chapter 3 of this Act, | ||
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15. Violated Section 21-2 of the Criminal Code of | ||
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16. Made or concealed a material fact in connection | ||
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17. Acted in the capacity of a person licensed or | ||
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18. Failed to pay, within 90 days after a final | ||
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19. Failed to pay the Dealer Recovery Trust Fund fee | ||
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20. Failed to pay, within 90 days after notice has | ||
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21. Violated Article 16 or 17 of the Criminal Code of | ||
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22. Was convicted of a forcible felony under either | ||
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(b) In addition to other grounds specified in this Chapter, the
Secretary of State, on complaint of the Department of Revenue, shall
refuse the issuance or renewal of a license, or suspend or revoke such
license, for any of the following violations of the "Retailers'
Occupation Tax Act", the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act:
1. Failure to make a tax return;
2. The filing of a fraudulent return;
3. Failure to pay all or part of any tax or penalty | ||
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4. Failure to comply with the bonding requirements of | ||
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(b-1) In addition to other grounds specified in this Chapter, the
Secretary of State, on complaint of the Motor Vehicle Review Board, shall
refuse the issuance or renewal of a license, or suspend or revoke that
license, if costs or fees assessed under Section 29 or Section 30 of the Motor Vehicle Franchise Act have remained unpaid for a period in excess of 90 days after the licensee received from the Motor Vehicle Board a second notice and demand for the costs or fees. The Motor Vehicle Review Board must send the licensee written notice and demand for payment of the fees or costs at least 2 times, and the second notice and demand must be sent by certified mail.
(c) Cancellation of a license.
1. The license of a person issued under this Chapter | ||
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A. When a license is voluntarily surrendered, by | ||
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B. If the business enterprise is a sole | ||
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C. If the license was issued to the wrong person | ||
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2. The license of a person issued under this Chapter | ||
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(Source: P.A. 101-505, eff. 1-1-20 .)
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(625 ILCS 5/5-501.5) Sec. 5-501.5. License eligibility; fraud. (a) For purposes of this Section, an "automotive parts recycler, scrap processor, repairer, or rebuilder" includes any owners, operators, principals, shareholders, partners, or directors that have ownership interest or managerial authority in the business at the time the fraud or misconduct occurred. (b) Notwithstanding any other provision of law to the contrary, an automotive parts recycler, scrap processor, repairer, or rebuilder with a business license issued by a municipality that has been revoked or nonrenewed due to fraud or misconduct committed against the municipality within 3 years preceding the effective date of this amendatory Act of the 100th General Assembly or on or after the effective date of this amendatory Act of the 100th General Assembly shall not be eligible for a license or license renewal under Section 5-301 of this Code. (c) No later than 30 days after the effective date of this amendatory Act of the 100th General Assembly, a municipality that has revoked or nonrenewed a business license under subsection (b) of this Section shall: (1) notify the Secretary of State of the revocation | ||
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(2) notify any other municipality in which the former | ||
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(d) No later than 30 days after receiving a notice required under paragraph (2) of subsection (c) of this Section, a municipality shall take all actions necessary to revoke or, if the business license is set to expire within a 30-day period of the notice, prohibit renewal of the licensee's business license. (d-5) No later than 30 days after receiving notice under paragraph (1) of subsection (c) of this Section, the Secretary shall notify the former licensee that it is not eligible to conduct business in this State as an automotive parts recycler, scrap processor, repairer, or rebuilder. (e) An automotive parts recycler, scrap processor, repairer, or rebuilder shall be fined $1,000 for each day it conducts business in this State in violation of this Section. (f) No unit of local government, including a home rule unit, may regulate business licenses in a manner inconsistent with this Section. This subsection (f) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 100-409, eff. 8-25-17.) |
(625 ILCS 5/5-502) (from Ch. 95 1/2, par. 5-502)
Sec. 5-502.
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 established or
additional 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. 86-444.)
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(625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
Sec. 5-503. Failure to obtain dealer's license, operation of a business
with a suspended or revoked license. (a) Any person operating a business
for which he is required to be licensed under Section 5-101, 5-101.2, 5-102, 5-102.8, 5-201,
or 5-301 who fails to apply for such a license or licenses within 15 days
after being informed in writing by the Secretary of State that he must obtain
such a license or licenses is subject to a civil action brought by the
Secretary of State for operating a business without a license in the
circuit court in the county in which the business is located. If the
person is found to be in violation of Section 5-101, 5-101.2, 5-102, 5-102.8, 5-201, or 5-301
by carrying on a business without being properly licensed, that person
shall be fined $300 for each business day he conducted his business without
such a license after the expiration of the 15-day period specified in this
subsection (a).
(b) Any person who, having had his license or licenses issued under Section
5-101, 5-101.2, 5-102, 5-201, or 5-301 suspended, revoked, nonrenewed, cancelled, or denied by the
Secretary of State under Section 5-501 or 5-501.5 of this Code, continues to operate business after
the effective date of such revocation, nonrenewal, suspension, cancellation, or denial
may be sued in a civil action by the Secretary of State in the county in
which the established or additional place of such business is located. Except as provided in subsection (e) of Section 5-501.5 of this Code, if
such person is found by the court to have operated such a business after
the license or licenses required for conducting such
business have been suspended, revoked, nonrenewed, cancelled, or denied, that person
shall be fined $500 for each day he conducted business thereafter.
(Source: P.A. 100-409, eff. 8-25-17; 100-450, eff. 1-1-18; 100-863, eff. 8-14-18; 101-505, eff. 1-1-20 .)
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(625 ILCS 5/5-504) (from Ch. 95 1/2, par. 5-504)
Sec. 5-504.
Effect of revoked or denied license - Notification to prospective
buyers - Rescinding of contracts. (a) No license shall be issued to any
person to conduct the business of a new vehicle
dealer, used vehicle
dealer, scrap processor, automotive parts
recycler, repairer, or
rebuilder at a location or at property at which that person or any other
person had his license as a new vehicle dealer, used
vehicle dealer,
scrap processor, automotive parts recycler, repairer, or rebuilder revoked or denied
after a revocation or pending revocation within 2
months after such revocation or denial.
(b) A licensee who has been notified by the Secretary of State that the
Secretary of State may take action to revoke the dealer's license or
licenses of that licensee shall inform in writing any prospective buyer of
his business of such possible action by the Secretary of State.
(c) If any person purchases or contracts to purchase a business
required to be licensed by Section 5-101, 5-102, 5-201 or 5-301 without
being informed in writing by the prior owner or owners that, at the time of
the sale or making of contract to purchase, the prior owner or owners had
been informed by the Secretary of State that the Secretary of State may be
taking action to revoke the license or licenses of the prior owner or
owners, the person who has purchased or contracted to purchase such
business may, within one year after being informed that his application for
a dealer's license at that location had been denied due to the revocation
of the license or licenses of any prior owner or owners, rescind the
purchase or contract to purchase such business or the property, both real
and otherwise, at which the business is located.
(d) Notwithstanding the provisions of subsection (a) of this Section,
the Secretary of State may issue a license to a person applying for a
license as a new vehicle dealer, used vehicle dealer, scrap processor,
automotive parts recycler, repairer or rebuilder if the Secretary of State,
solely in his discretion, determines that a denial of the license under the
circumstances would place extreme undue hardship upon the applicant.
No license shall be issued under this subsection 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 had been revoked or denied nor to a person who
was an officer or employee of the business firm in relation to which the
license was revoked or denied.
Notwithstanding the provisions of subsection (e) of Section 2-118 of
this Code, the venue for judicial review of final acts or decisions under
this subsection shall be the Circuit Court of Sangamon County.
(Source: P.A. 84-1302; 84-1304.)
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(625 ILCS 5/5-505) Sec. 5-505. License suspension or revocation; penalty. The Secretary shall suspend the license of any licensee under this Chapter who permits an individual who is not an authorized agent or employee of the licensee to use the license of the licensee to purchase a vehicle from an auction. The suspension shall be for a period of no less than 30 days for the first violation. Upon a second or subsequent violation, the Secretary shall revoke the license of the licensee.
(Source: P.A. 102-154, eff. 1-1-22 .) |
(625 ILCS 5/Ch. 5 Art. VI heading) ARTICLE VI.
CREDIT OR CONDITIONAL
SALES--INSURANCE
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(625 ILCS 5/5-601) (from Ch. 95 1/2, par. 5-601)
Sec. 5-601.
Credit or conditional sale of certain motor vehicles - Liability insurance
status stamped on bill of sale.
Whenever, in connection with the credit sale of or conditional sale of a
motor vehicle designed and used for the carrying of not more than 10
passengers, the agreement provides that all or any of the consideration to
be paid by the buyer or conditional buyer may be paid more than 30 days
after possession of such motor vehicle is transferred to such buyer or
conditional buyer, and a policy of insurance which does not cover such
buyer or conditional buyer for the risk of liability to the public arising
out of the operation, use or maintenance of such motor vehicle, is issued
in connection with such transaction, the seller or conditional seller shall
stamp or have imprinted thereon a statement on the bill of sale at the time
the transaction is consummated that no such coverage is included in such
policy. Such statement shall be in the following form and shall be in bold
type not less than one-half inch in height:
NO PUBLIC LIABILITY INSURANCE ISSUED
WITH THIS TRANSACTION
(Source: P.A. 76-1586 .)
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(625 ILCS 5/5-602) (from Ch. 95 1/2, par. 5-602)
Sec. 5-602.
Whoever violates any of the provisions of this Article shall be guilty
of a petty offense and shall be fined not more than $500.
(Source: P.A. 77-2720 .)
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(625 ILCS 5/Ch. 5 Art. VII heading) ARTICLE VII.
VEHICLE AUCTIONEERS
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(625 ILCS 5/5-700) (from Ch. 95 1/2, par. 5-700)
Sec. 5-700.
Definitions.
For the purposes of this Article, the following
phrases have the meanings ascribed to them in this Section:
Place of business for a vehicle auctioneer. This means the place owned
and regularly occupied by a vehicle auctioneer licensee, within or without
the State, for the primary and principal purpose of keeping and maintaining
the books and records required for the conduct of business, with the personnel
available during normal business hours or an automatic telephone answering
service during normal business hours. The additional place of business means
that place within the State where the auction is held, which place of business
shall contain the books and records required for said auction with personnel
available during normal business hours. The Secretary of State shall be
notified of the additional place of business at least 10 days before the
auction.
Auctioning vehicles. This means arranging for and handling the sale of
vehicles, not the property of the auctioneer, by auction
to the highest bidder.
(Source: P.A. 89-663, eff. 8-14-96.)
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(625 ILCS 5/5-701) (from Ch. 95 1/2, par. 5-701)
Sec. 5-701.
Vehicle auctioneers to be licensed.
(a) No person, other than
a licensed new vehicle dealer, a licensed used vehicle dealer, or municipality,
shall engage in this State in the business of auctioning vehicles, for more
than one owner, at auction or shall offer to sell, solicit or advertise
the sale of a vehicle at auction without first acquiring a commercial vehicle
auctioneer license from the Secretary of State under the provisions of this Section.
A vehicle auction licensee shall be entitled thereunder to sell, solicit,
and advertise the sale of used vehicles belonging to others at auction.
(b) An application for a vehicle auctioneer license shall be filed with
the Secretary of State, duly verified by oath, in such form as the Secretary
of State may by rule or regulation prescribe and shall contain:
1. The name and type of business organization established and the address
of the place of business;
2. If the applicant is a corporation, a list of its officers and directors,
setting forth the residence address of each; if the applicant is a sole
proprietorship, a partnership, an unincorporated association, trust or any similar
form of business organization, the names and residence addresses of the
proprietor or of each partner, member, officer, director, trustee, manager
and shareholder having 10% or greater ownership interest in the corporation;
3. A statement that the applicant has been approved for registration under
the Retailers' Occupation Tax Act, approved June 28, 1933, as amended,
by the Department of Revenue. However, this requirement does not apply to
licensee who is already licensed hereunder with the Secretary of State,
and who is merely applying for a renewal of his license. As evidence of
this fact, the application shall be accompanied by a certification from
the Department of Revenue showing that the Department has approved the applicant
for registration under the Retailers' Occupation Tax Act;
4. A statement that the applicant has complied with the bonding requirements
of the "Retailers' Occupation Tax Act", approved June 28, 1933, as amended.
As evidence of this fact, the application shall be accompanied by a certification
from the Department of Revenue showing that the applicant is in compliance
with the bonding requirements of the "Retailers' Occupation Tax Act" or
that the applicant is not required to be bonded with the Department of Revenue
under the "Retailers' Occupation Tax Act";
5. Such other information concerning the business of the applicant as
the Secretary of State may by rule or regulation prescribe;
6. An application for a vehicle auctioneer license shall be accompanied
by the following license fees: $50 for applicant's place of business plus
$25 for each additional place of business, if any, to which the application
pertains, provided, however, that if such an application is made after July
1 of any year, the license fee shall be $25 for applicant's place of business
plus $12.50 for each additional place of business, if any, to which the
application pertains. License fees shall be returnable only in the event
that such application shall be denied by the Secretary of State.
7. A statement that the licensee has irrevocably consented to the
appointment
of the Secretary of State as its agent for service of process with the State
of Illinois. Said service of process shall be accomplished as provided in
Section 10-301 of the Illinois Vehicle Code.
(c) Any change which renders no longer accurate any information contained
in any application for a vehicle auctioneer shall be amended within thirty
days after the occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an amendatory fee of
$2.
(d) Anything in this Chapter to the contrary notwithstanding, no person
shall be licensed as a vehicle auctioneer unless such person shall maintain
a place of business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time after receipt,
examine an application submitted to him under this Section. Unless the
Secretary
makes a determination that the application submitted to him does not conform
to this Section or that grounds exist for a denial of the application under
Section 5-501 of this Chapter, he must grant the applicant an original vehicle
auctioneer license in writing for his place of business and a supplemental
license in writing for each additional place of business, in such form as
he may prescribe by rule or regulation which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its officers or if a sole
proprietorship, a partnership, an unincorporated association or any similar
form of business organization, the name and address of the proprietor or
of each partner, member, officer, director, trustee or manager;
3. Complete address of the place of business of the licensee;
4. In the case of supplemental license, the place of business of the
licensee and the place of business to which such supplemental license pertains.
(f) The appropriate instruments evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept posted, conspicuously,
in the place of business of the licensee within the State and in each
additional place of business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section, all vehicle
auctioneer licenses granted under this Section expire on December 31 of
the calendar year for which they are granted unless sooner revoked under
Section 5-501 of this Chapter.
(h) a vehicle auctioneer license may be renewed upon application and
payment of the fee required herein, and submission of proof of coverage
by an approved bond under the "Retailers' Occupation Tax Act" or proof that
applicant is not subject to such bonding requirements, as in the case of
an original license, but in case an application for the renewal of an effective
license is made during the month of December, the effective license shall
remain in force until the application for renewal is granted or denied by
the Secretary of State.
(i) Each person licensed as a vehicle auctioneer or a licensed new or
used car dealer when auctioning vehicles is required to furnish each purchaser
of a motor vehicle the following:
1. A certificate of title properly assigned to the purchaser;
2. A statement verified under oath that all identifying numbers on the
vehicle agree with those on the certificate of title;
3. A bill of sale properly executed on behalf of such person.
(Source: P.A. 85-1396.)
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(625 ILCS 5/5-702) (from Ch. 95 1/2, par. 5-702)
Sec. 5-702. No person shall engage in the business of auctioning any
vehicles for which a salvage certificate is required by law
except to a bidder who is an out-of-state salvage vehicle buyer or who is properly licensed
as a rebuilder, automotive parts recycler, or scrap processor, as required by Section 5-301 of this Chapter.
(Source: P.A. 95-783, eff. 1-1-09.)
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(625 ILCS 5/Ch. 5 Art. VIII heading) ARTICLE VIII.
PENALTIES
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(625 ILCS 5/5-801) (from Ch. 95 1/2, par. 5-801)
Sec. 5-801. Criminal penalties. Any person who violates any of the provisions of this Chapter, except a person who violates a provision for which a different criminal penalty is indicated, is
guilty of a Class A misdemeanor. Any person who violates subsection (e) of Section 5-202 is guilty of a Class C misdemeanor. Any person who violates any provisions
of Section 5-701 is guilty of a Class 3 felony.
(Source: P.A. 100-725, eff. 8-3-18.)
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(625 ILCS 5/5-802) (from Ch. 95 1/2, par. 5-802)
Sec. 5-802.
The violation of any rule or regulation promulgated by the
Office of the Secretary of State under this Chapter shall not in and of
itself constitute a
criminal offense.
(Source: P.A. 85-1204.)
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(625 ILCS 5/5-803) Sec. 5-803. Administrative penalties. Instead of filing a criminal complaint against a new or used vehicle dealer, or against any other entity licensed by the Secretary under this Code, or any other unlicensed entity acting in violation of this Code, a Secretary of State Police investigator may issue administrative citations for violations of any of the provisions of this Code or any administrative rule adopted by the Secretary under this Code. A party receiving a citation shall have the right to contest the citation in proceedings before the Secretary of State Department of Administrative Hearings. Penalties imposed by issuance of an administrative citation shall not exceed $50 per violation. A penalty may not be imposed unless, during the course of a single investigation or upon review of the party's records, the party is found to have committed at least 3 separate violations of one or more of the provisions of this Code or any administrative rule adopted by the Secretary under this Code. Penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund.
(Source: P.A. 101-572, eff. 8-23-19.) |
(625 ILCS 5/Ch. 5 Art. IX heading) ARTICLE IX. MANUFACTURED HOME DEALERS
(Source: P.A. 102-941, eff. 7-1-22.) |
(625 ILCS 5/5-901) Sec. 5-901. Regulation of manufactured home dealers. (a) As used in this Article: "Established place of business" means the place owned or leased and occupied by any person duly licensed or required to be licensed as a manufactured home dealer for the purpose of engaging in selling, buying, bartering, displaying, exchanging, or dealing in, on consignment or otherwise, manufactured homes and for such other ancillary purposes as may be permitted by the Secretary by rule. "Manufactured home" means a factory-assembled structure built on a permanent chassis, transportable in one or more sections in the travel mode, incapable of self-propulsion, bears a label indicating the manufacturer's compliance with the United States Department of Housing and Urban Development standards, as applicable, and is designed for year-round occupancy as a single-family residence when connected to approved water, sewer, and electrical utilities. "Manufactured home dealer" means: (1) an individual or entity that engages in the business of acquiring or disposing of new or used manufactured homes; (2) an individual or entity who advertises or otherwise holds the individual or the entity out as being engaged in the business of acquiring or selling new or used manufactured homes; or (3) an individual or entity who buys or sells more than 2 new or used manufactured homes within a 12-month period. (b) No person shall engage in this State in the business of selling or dealing in, on consignment or otherwise, manufactured homes of any make, or act as an intermediary, agent, or broker for any manufactured home purchaser, other than as a salesperson, or to represent or advertise that he or she is so engaged, or intends to so engage, in the business, unless licensed to do so by the Secretary of State under this Section. (c) An application for a manufactured home dealer's license shall be filed with the Secretary of State Vehicle Services Department and duly verified by oath, on such form as the Secretary of State may prescribe, and shall contain all of the following: (1) The name and type of business organization of the | ||
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(2) If the applicant is a corporation, a list of its | ||
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(3) A statement that the applicant has been approved | ||
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(4) An application for a manufactured home dealer's | ||
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Of the money received by the Secretary of State as | ||
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(5) A statement that no officer, director, | ||
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(A) the Anti-Theft Laws of this Code; (B) the Certificate of Title Laws of this Code; (C) the Offenses against Registration and | ||
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(D) the Dealers, Transporters, Wreckers, and | ||
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(E) Section 21-2 of the Criminal Code of 2012, | ||
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(F) the Retailers' Occupation Tax Act; (G) the Consumer Installment Loan Act; (H) the Retail Installment Sales Act; (I) the Interest Act; (J) the Illinois Wage Assignment Act; (K) Part 8 of Article XII of the Code of Civil | ||
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(L) the Consumer Fraud and Deceptive Business | ||
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(6) A bond or certificate of deposit in the amount of | ||
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(7) Dealers in business for over 10 years may | ||
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(8) Any other information concerning the business of | ||
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(d) Any change that renders no longer accurate any information contained in any application for a license under this Section shall be amended within 30 days after the occurrence of the change on a form the Secretary of State may prescribe, by rule, accompanied by an amendatory fee of $25. (e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted under this Section, and unless the Secretary makes a determination that the application submitted does not conform with the requirements of this Section or that grounds exist for a denial of the application under subsection (f), grant the applicant an initial manufactured home dealer's license in writing for the established place of business of the applicant in a form the Secretary may prescribe by rule, which shall include the following: (1) the name of the person or entity licensed; (2) if a corporation, the name and address of its | ||
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(3) the established place of business of the licensee. (f) A license issued under this Section may be denied, revoked, or suspended if the Secretary of State finds that the applicant, or the officer, director, shareholder having a 10% or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or the licensee has: (1) violated this Section; (2) made any material misrepresentation to the | ||
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(3) committed a fraudulent act in connection with | ||
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(4) not maintained an established place of business | ||
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(5) failed to file or produce to the Secretary of | ||
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(6) failed to pay any fees or taxes due under this | ||
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(7) failed to transfer title to a manufactured home | ||
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(8) violated any of the following: (A) the Anti-Theft Laws of this Code; (B) the Certificate of Title Laws of this Code; (C) the Offenses against Registration and | ||
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(D) the Dealers, Transporters, Wreckers, and | ||
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(E) Section 21-2 of the Criminal Code of 2012, | ||
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(F) the Retailers' Occupation Tax Act; (G) the Consumer Installment Loan Act; (H) the Retail Installment Sales Act; (I) the Interest Act; (J) the Illinois Wage Assignment Act; (K) Part 8 of Article XII of the Code of Civil | ||
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(L) the Consumer Fraud and Deceptive Business | ||
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(g) In addition to other grounds specified in this Section, the Secretary of State, on complaint of the Department of Revenue, shall refuse the issuance or renewal of a license, or suspend or revoke such a license, for any of the following violations of the Retailers' Occupation Tax Act, the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act: (1) failure to make a tax return; (2) the filing of a fraudulent return; (3) failure to pay all or part of any tax or penalty | ||
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(4) failure to comply with the bonding requirements | ||
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(h) A license issued under this Section may be canceled by the Secretary of State prior to its expiration in any of the following situations: (1) if a license is voluntarily surrendered by the | ||
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(2) if the business enterprise is a sole | ||
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(3) if the license was issued to the wrong person or | ||
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If any person whose license has been canceled wishes to apply for another license, whether during the same license year or any other year, that person shall be treated as a new applicant and the cancellation of the person's prior license shall not, in and of itself, be a bar to the issuance of a new license. (i) A license issued under this Section may be canceled without a hearing if the Secretary of State is notified that the applicant, or any officer, director, shareholder having a 10% or greater ownership interest, owner, partner, trustee, manager, employee, or member of the applicant or the licensee has been convicted of any forcible felony or any felony involving the selling, bartering, exchanging, offering for sale, or otherwise dealing in ownership documents relating to any of the above actions. (j) The appropriate instrument evidencing the license or a certified copy of the instrument, provided by the Secretary of State, shall be kept posted conspicuously in the established place of business of the licensee. (k) All records related to the purchase, sale, or acceptance for sale on consignment of any manufactured home shall be maintained at the licensee's established place of business. These records shall be retained for a period of not less than 7 years, and shall be made available for inspection upon the request of a Secretary of State auditor or an investigator with the Secretary of State Department of Police. (l) Except as provided in subsection (i), all licenses granted under this Section shall expire by operation of law on December 31st of the calendar year for which the licenses were granted, unless sooner revoked or canceled under subsection (f). (m) Each person licensed as a manufactured home dealer is required to furnish each purchaser of a manufactured home: (1) in the case of a new manufactured home, a | ||
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(2) a statement verified under oath that all | ||
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(3) a bill of sale properly executed on behalf of the | ||
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(4) for a new manufactured home, a warranty, and in | ||
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(n) This Section does not apply to a seller who privately owns his or her manufactured home as his or her main residence and is selling the manufactured home to another individual or to a licensee so long as that individual does not sell more than 2 manufactured homes in one 12-month period. (o) This Section does not apply to any person licensed under the Real Estate License Act of 2000. (p) The Secretary of State may adopt any rules necessary to implement this Section. (q) Any individual or entity licensed as a manufactured home dealer or a community-based manufactured home dealer on the effective date of this Section shall be entitled to act as a manufactured home dealer under this Section for the duration of any license in effect on the effective date of this amendatory Act of the 102nd General Assembly, and shall be eligible to be issued a manufactured home dealer's license under this Section upon the expiration of any such license.
(Source: P.A. 102-941, eff. 7-1-22.) |
(625 ILCS 5/Ch. 6 heading) CHAPTER 6.
THE ILLINOIS DRIVER LICENSING LAW
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(625 ILCS 5/Ch. 6 Art. I heading) ARTICLE I.
ISSUANCE OF LICENSES
EXPIRATION AND RENEWAL
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(625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
Sec. 6-100. Definitions. For the purposes of this Chapter, the following
words shall have the meanings ascribed to them:
(a) Application Process. The process of obtaining a driver's license,
identification card, or permit. The process begins when a person enters a
Secretary of State Driver Services facility and requests a driver's
license, identification card or permit.
(b) Conviction. A final adjudication of guilty by a court of competent
jurisdiction either after a bench trial, trial by jury, plea of guilty,
order of forfeiture, or default.
(c) Identification Card. A document made or issued by or under the
authority of the United States Government, the State of Illinois or any other
state or political subdivision thereof, or any governmental or
quasi-governmental organization that, when completed with information
concerning
the individual, is of a type intended or commonly accepted for the purpose of
identifying the individual.
(d) Standard driver's license. A driver's license issued in a manner which is not compliant with the REAL ID Act and implementing regulations. Standard driver's licenses shall be marked "Federal Limits Apply" and shall have a color or design different from the REAL ID compliant driver's license. (e) REAL ID compliant driver's license. A driver's license issued in compliance with the REAL ID Act and implementing regulations. REAL ID compliant driver's licenses shall bear a security marking approved by the United States Department of Homeland Security. (f) Limited Term REAL ID compliant driver's license. A REAL ID compliant driver's license issued to a person who is not a permanent resident or citizen of the United States, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, and marked "Limited Term" on the face of the license. (Source: P.A. 103-210, eff. 7-1-24 .)
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(625 ILCS 5/6-100.5) Sec. 6-100.5. Issuance of REAL ID compliant and standard driver's licenses. The Secretary of State may issue both REAL ID compliant driver's licenses and standard driver's licenses, and may permit applicants to designate which type of driver's license they wish to receive. All provisions of this Code applicable to standard driver's licenses shall also apply to REAL ID compliant driver's licenses, except where the provisions are inconsistent with the REAL ID Act and implementing regulations. The Secretary shall establish by rule the date on which issuance of REAL ID compliant driver's licenses will begin.
(Source: P.A. 103-210, eff. 7-1-24 .) |
(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
Sec. 6-101. Drivers must have licenses or permits.
(a) No person, except those expressly exempted by Section 6-102, shall
drive any motor vehicle upon a highway in this State unless such person has
a valid license or permit, or a restricted driving permit, issued under the
provisions of this Act.
(b) No person shall drive a motor vehicle unless he holds a valid
license or permit, or a restricted driving permit issued under the
provisions of Section 6-205, 6-206, or 6-113 of this Act. Any person to
whom a license is issued under the provisions of this Act must surrender to
the Secretary of State all valid licenses or permits, except that an applicant for a non-domiciled commercial learner's permit or commercial driver's license shall not be required to surrender a license or permit issued by the applicant's state or country of domicile. No drivers license or instruction permit
shall be issued to any person who holds a valid Foreign State license,
identification card, or permit
unless such person first surrenders to the Secretary of State any such
valid Foreign State license,
identification card, or permit.
(b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person's driver's license or permit was cancelled under clause (a)9 of Section 6-201 of this Code.
(c) Any person licensed as a driver hereunder shall not be required by
any city, village, incorporated town or other municipal corporation to
obtain any other license to exercise the privilege thereby granted.
(d) In addition to other penalties imposed under this Section, any person
in violation of this Section who is also in violation of Section 7-601 of this
Code relating to mandatory insurance requirements shall have his or her motor
vehicle immediately impounded by the arresting law enforcement officer. The
motor vehicle may be released to any licensed driver upon a showing of proof of
insurance for the motor vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(e) In addition to other penalties imposed under this Section, the
vehicle
of any person
in violation of this Section who is also in violation of Section 7-601 of this
Code relating to mandatory insurance requirements and who, in violating this
Section, has caused death or personal injury to another person is subject to
forfeiture under
Sections 36-1 and 36-2 of the Criminal Code of 2012.
For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the traffic crash report completed
by a law enforcement officer that requires immediate professional attention
in either a doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-101.5) Sec. 6-101.5. (Repealed). (Source: P.A. 102-1002, eff. 5-27-22. Repealed internally, eff. 1-1-24.) |
(625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
Sec. 6-102. What persons are exempt. The following persons are exempt
from the requirements of Section 6-101 and are not required to have an
Illinois drivers license or permit if one or more of the following
qualifying exemptions are met and apply:
1. Any employee of the United States Government or | ||
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2. A nonresident who has in his immediate possession | ||
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3. A nonresident and his spouse and children living | ||
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4. A person operating a road machine temporarily upon | ||
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5. A resident of this State who has been serving as a | ||
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6. A nonresident on active duty in the Armed Forces | ||
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7. A nonresident who becomes a resident of this | ||
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8. An engineer, conductor, brakeman, or any other | ||
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The provisions of this Section granting exemption to any nonresident
shall be operative to the same extent that the laws of the State or country
of such nonresident grant like exemption to residents of this State.
The Secretary of State may implement the exemption provisions of this
Section by inclusion thereof in a reciprocity agreement, arrangement or
declaration issued pursuant to this Act.
(Source: P.A. 99-118, eff. 1-1-16 .)
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(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103) Sec. 6-103. What persons shall not be licensed as drivers or granted permits. The Secretary of State shall not issue, renew, or allow the retention of any driver's license nor issue any permit under this Code: 1. To any person, as a driver, who is under the age | ||
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1.5. To any person at least 18 years of age but less | ||
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2. To any person who is under the age of 18 as an | ||
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3. To any person, as a driver, whose driver's license | ||
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4. To any person, as a driver, who is a user of | ||
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5. To any person, as a driver, who has previously | ||
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6. To any person, as a driver, who is required by the | ||
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7. To any person who is required under the provisions | ||
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8. To any person when the Secretary of State has good | ||
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9. To any person, as a driver, who is 69 years of age | ||
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10. To any person convicted, within 12 months of | ||
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11. To any person who is under the age of 21 years | ||
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12. To any person who has been either convicted of or | ||
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13. To any person who is under the age of 18 years | ||
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14. To any person who is 90 days or more delinquent | ||
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14.5. To any person certified by the Illinois | ||
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15. To any person released from a term of | ||
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16. To any person who, with intent to influence any | ||
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17. To any person for whom the Secretary of State | ||
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18. To any person who has been adjudicated under the | ||
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19. To any person who holds a REAL ID compliant | ||
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The Secretary of State shall retain all conviction information, if the information is required to be held confidential under the Juvenile Court Act of 1987. (Source: P.A. 103-162, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(625 ILCS 5/6-103.1) Sec. 6-103.1. New residents; out-of-state revocation. (a) The Secretary of State may not issue a driver's license to a nonresident who becomes a resident of this State while the new resident's driving privileges are revoked, under terms similar to those provided in Section 1-176 of this Code, in another state; however, if the person has resided in this State for 10 or more consecutive years prior to submitting an application, that person may apply for licensure under Section 6-208 of this Code if: (1) the laws of the revoking state would allow the | ||
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(2) the person qualifies to apply for licensure under | ||
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(3) the out-of-state revocation is the only | ||
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(4) the person has not had any driving offenses since | ||
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(5) the person complies with the requirements of | ||
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(b) The Secretary may issue restricted driving permits to new residents whose driving privileges are revoked in another state. These permits must be issued according to the restrictions, and for the purposes, stated in Sections 6-205 and 6-206 of this Code. The Secretary shall adopt rules for the issuance of these permits. (c) A restricted driving permit issued under this Section is subject to cancellation, revocation, and suspension by the Secretary of State in the same manner and for the same causes as a driver's license issued under this Code may be cancelled, revoked, or suspended, except that a conviction of one or more offenses against laws or ordinances regulating the movement of traffic is sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit.
(Source: P.A. 99-300, eff. 1-1-16 .) |
(625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104) Sec. 6-104. Classification of Driver - Special Restrictions.
(a) A driver's license issued under the authority of this Act
shall indicate the classification for which the applicant therefor has
qualified by examination or by such other means that the Secretary of State
shall prescribe. Driver's license classifications shall be
prescribed by rule or regulation promulgated by the Secretary of State and
such may specify classifications as to operation of motor vehicles of the
first division, or of those of the second division, whether operated singly
or in lawful combination, and whether for-hire or not-for-hire, and may
specify such other classifications as the Secretary deems necessary.
No person shall operate a motor vehicle unless such person has a valid
license with a proper classification to permit the operation of such
vehicle, except that any person may operate a moped if such
person has a valid current Illinois driver's license,
regardless of classification.
(b) No person who is under the age of 21 years or has had less than 1
year of driving experience shall drive: (1) in connection with the
operation of any school, day camp, summer camp, or nursery school, any
public or private motor vehicle for transporting children to or from any
school, day camp, summer camp, or nursery school, or (2) any motor vehicle
of the second division when in use for the transportation of persons for
compensation.
(c) No person who is under the age of 18 years shall be issued a license
for the purpose of transporting property for hire, or for the purpose of
transporting persons for compensation in a motor vehicle of the first division.
(d) No person shall drive: (1) a school bus when transporting school
children unless such person possesses a valid school bus driver permit or
is accompanied and supervised, for the specific purpose of training prior
to routine operation of a school bus, by a person who has held a valid
school bus driver permit for at least one year; or (2) any other vehicle
owned or operated by or for a public or private school, or a school
operated by a religious institution, where such vehicle is being used over
a regularly scheduled route for the transportation of persons enrolled as a
student in grade 12 or below, in connection with any activity of the
entities unless such person possesses a valid school bus driver permit.
(d-5) No person may drive a bus that does not meet the special
requirements
for school buses provided in Sections 12-801, 12-802, 12-803, and 12-805 of
this
Code that has been chartered
for the sole purpose of transporting students regularly enrolled in
grade 12 or below to or from interscholastic athletic or interscholastic or
school
sponsored activities
unless the person has a
valid and properly classified commercial driver's license as provided in
subsection (c-1) of Section 6-508 of this Code
in
addition to any other permit or license that
is required to operate that bus. This subsection (d-5)
does
not apply to any bus driver employed by a public transportation provider
authorized to conduct local or interurban transportation of passengers when the
bus is not traveling a specific school bus route but is on a regularly
scheduled route for the transporting of other fare paying passengers.
A person may operate a chartered bus described in this subsection
(d-5) if he or she is not disqualified from driving a chartered bus of that
type and if he or she holds a CDL that is:
(1) issued to him or her by any other state or | ||
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(2) not suspended, revoked, or canceled; and
(3) valid under 49 CFR 383, subpart F, for the type | ||
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A person may also operate a chartered bus described
in this subsection (d-5) if he or she holds a valid CDL
and a valid school bus driver permit that was issued on
or before December 31, 2003.
(e) No person shall drive a religious organization bus unless such person
has a valid and properly classified drivers license or a valid school bus
driver permit.
(f) No person shall drive a motor vehicle for the purpose of providing
transportation for the elderly in connection with the activities of any
public or private organization unless such person has a valid and properly
classified driver's license issued by the Secretary of State.
(g) No person shall drive a bus which meets the special requirements
for school buses provided in Section 12-801, 12-802, 12-803 and 12-805 of
this Code for the purpose of transporting persons 18 years of age or less
in connection with any youth camp licensed under the Youth Camp Act or any
child care facility licensed under the Child Care Act of 1969 unless such
person possesses a valid school bus driver permit or is accompanied and
supervised, for the specific purpose of training prior to routine operation
of a school bus, by a person who has held a valid school bus driver permit
for at least one year; however, a person who has a valid and properly
classified driver's license issued by the Secretary of State may operate a
school bus for the purpose of transporting persons 18 years of age or less
in connection with any such youth camp or child care facility if the
"SCHOOL BUS" signs are covered or concealed and the stop signal arm and
flashing signal systems are not operable through normal controls.
(h) No person shall operate an autocycle unless he or she has a valid Class D driver's license. (Source: P.A. 98-777, eff. 1-1-15 .)
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(625 ILCS 5/6-105) (from Ch. 95 1/2, par. 6-105)
Sec. 6-105. Instruction permits and temporary licenses
for persons 18 years of age or older.
(a) Except as provided in this Section, the Secretary of State upon
receiving proper application and payment of the required fee may issue an
instruction permit to any person 18 years of age or older
who is not ineligible for a license under
paragraphs 1, 3, 4, 5, 7, or 8 of Section 6-103, after the applicant has
successfully passed such examination as the Secretary of State in his
discretion may prescribe.
1. An instruction permit entitles the holder while having the permit in
his immediate possession to drive a motor vehicle, excluding a motor driven
cycle or motorcycle, upon the highways for a period of 12 months after the
date of its issuance when accompanied by a licensed driver
who is 21 years of age or older, who has had a
valid driver's license classification to operate such vehicle for at least
one year and has had one year of driving experience
with such classification and who is occupying a seat beside the
driver.
2. A 12 month instruction permit for a motor driven cycle or motorcycle
may be issued
to a person 18 years of age or more, and entitles the holder to
drive upon the highways during daylight under the direct supervision of a
licensed
motor driven cycle operator or motorcycle operator
with the same or
greater classification, who is 21 years of age or older and who has at least
one year of driving experience.
3. (Blank).
(b) (Blank).
(c) The Secretary of State may issue a temporary
driver's license to an applicant for a license permitting the operation
of a motor vehicle while the Secretary is completing
an investigation and determination of all facts relative to
such applicant's eligibility to receive such license, or for any other
reason prescribed by rule or regulation promulgated by the Secretary of
State. Such permit must be in the applicant's immediate possession
while operating a motor vehicle, and it shall be invalid when the applicant's
driver's license has been issued or for good cause has been refused.
In each case the Secretary of State may issue the temporary driver's
license for such period as appropriate but in no
event for longer than 90 days. The Secretary may issue such additional temporary driver's licenses to an applicant as are necessary to allow the applicant to drive during the pendency of the investigation, valid for such a period as is appropriate, but in no event for longer than 90 days each.
(Source: P.A. 102-165, eff. 7-26-21.)
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(625 ILCS 5/6-105.1) Sec. 6-105.1. Temporary visitor's driver's license. (a) The Secretary of State may issue a temporary visitor's driver's license to a foreign national who (i) resides in this State, (ii) is ineligible to obtain a social security number, and (iii) presents to the Secretary documentation, issued by United States Citizenship and Immigration Services, authorizing the person's presence in this country. (a-5) The Secretary of State may issue a temporary visitor's driver's license to an applicant who (i) has resided in this State for a period in excess of one year, (ii) is ineligible to obtain a social security number, and (iii) is unable to present documentation issued by the United States Citizenship and Immigration Services authorizing the person's presence in this country. The applicant shall submit a valid unexpired passport from the applicant's country of citizenship or a valid unexpired consular identification document issued by a consulate of that country as defined in Section 5 of the Consular Identification Document Act (5 ILCS 230/5). (a-10) Applicants for a temporary visitor's driver's license who are under 18 years of age at the time of application shall be subject to the provisions of Sections 6-107 and 6-108 of this Code. (b) A temporary visitor's driver's license issued under subsection (a) is valid for 3 years, or for the period of time the individual is authorized to remain in this country, whichever ends sooner. A temporary visitor's driver's license issued under subsection (a-5) shall be valid for a period of 3 years. (b-5) A temporary visitor's driver's license issued under this Section may not be accepted for proof of the holder's identity. A temporary visitor's driver's license issued under this Section shall contain a notice on its face, in capitalized letters, stating that the temporary visitor's driver's license may not be accepted for proof of identity. (c) The Secretary shall adopt rules for implementing this Section, including rules: (1) regarding the design and content of the temporary | ||
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(2) establishing criteria for proof of identification | ||
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(3) designating acceptable evidence that an applicant | ||
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(4) regarding the issuance of temporary visitor's | ||
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(d) Any person to whom the Secretary of State may issue a temporary visitor's driver's license shall be subject to any and all provisions of this Code and any and all implementing regulations issued by the Secretary of State to the same extent as any person issued a driver's license, unless otherwise provided in this Code or by administrative rule, including but not limited to the examination requirements in Section 6-109 as well as the mandatory insurance requirements and penalties set forth in Article VI of Chapter 7 of this Code. (d-5) A temporary visitor's driver's license is invalid if the holder is unable to provide proof of liability insurance as required by Section 7-601 of this Code upon the request of a law enforcement officer, in which case the holder commits a violation of Section 6-101 of this Code. (e) Temporary visitor's driver's licenses shall be issued from a central location after the Secretary of State has verified the information provided by the applicant. (f) There is created in the State treasury a special fund to be known as the Driver Services Administration Fund. All fees collected for the issuance of temporary visitor's driver's licenses shall be deposited into the Fund. These funds shall, subject to appropriation, be used by the Office of the Secretary of State for costs related to the issuance of temporary visitor's driver's licenses, and other operational costs, including personnel, facilities, computer programming, and data transmission. (g) No temporary visitor's driver's licenses shall be issued after the effective date of this
amendatory Act of the 103rd General Assembly. (Source: P.A. 103-210, eff. 7-1-24 .) |
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
(Text of Section before amendment by P.A. 103-210 )
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized to be issued
under this Code shall be made upon a form furnished by the Secretary of
State. Every application shall be accompanied by the proper fee and payment
of such fee shall entitle the applicant to not more than 3 attempts to pass
the examination within a period of one year after the date of application.
(b) Every application shall state the legal name, social security
number, zip
code, date of birth, sex, and residence address of the applicant; briefly
describe the applicant; state whether the applicant has theretofore been
licensed as a driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended, revoked or
refused, and, if so, the date and reason for such cancellation, suspension,
revocation or refusal; shall include an affirmation by the applicant that
all information set forth is true and correct; and shall bear the
applicant's signature. In addition to the residence address, the Secretary may allow the applicant to provide a mailing address. In the case of an applicant who is a judicial officer or peace officer, the Secretary may allow the applicant to provide an office or work address in lieu of a residence or mailing address. The application form may
also require the statement of such additional relevant information as the
Secretary of State shall deem necessary to determine the applicant's
competency and eligibility. The Secretary of State may, in his
discretion, by rule or regulation, provide that an application for a
drivers license or permit may include a suitable photograph of the
applicant in the
form prescribed by the Secretary, and he may further provide that each
drivers license shall include a photograph of the driver. The Secretary of
State may utilize a photograph process or system most suitable to deter
alteration or improper reproduction of a drivers license and to prevent
substitution of another photo thereon.
For the purposes of this subsection (b), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations.
(b-3) Upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after January 1, 2020 (the effective date of Public Act 101-513), and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary shall permit applicants to choose between "male", "female" or "non-binary" when designating the applicant's sex on the driver's license application form. The sex designated by the applicant shall be displayed on the driver's license issued to the applicant. (b-5) Every applicant for a REAL ID compliant driver's license or permit shall provide proof of lawful status in the United States as defined in 6 CFR 37.3, as amended. Applicants who are unable to provide the Secretary with proof of lawful status may apply for a driver's license or permit under Section 6-105.1 of this Code. (c) The application form shall include a notice to the applicant of the
registration obligations of sex offenders under the Sex Offender Registration
Act. The notice shall be provided in a form and manner prescribed by the
Secretary of State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender Registration Act.
(d) Any male United States citizen or immigrant who applies for any
permit or
license authorized to be issued under this Code or for a renewal of any permit
or
license,
and who is at least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal Military
Selective
Service Act.
The Secretary of State must forward in an electronic format the necessary
personal information regarding the applicants identified in this subsection (d)
to
the Selective Service System. The applicant's signature on the application
serves
as an indication that the applicant either has already registered with the
Selective
Service System or that he is authorizing the Secretary to forward to the
Selective
Service System the necessary information for registration. The Secretary must
notify the applicant at the time of application that his signature constitutes
consent to registration with the Selective Service System, if he is not already
registered.
(e) Beginning on or before July 1, 2015, for each original or renewal driver's license application under this Code, the Secretary shall inquire as to whether the applicant is a veteran for purposes of issuing a driver's license with a veteran designation under subsection (e-5) of Section 6-110 of this Code. The acceptable forms of proof shall include, but are not limited to, Department of Defense form DD-214, Department of Defense form DD-256 for applicants who did not receive a form DD-214 upon the completion of initial basic training, Department of Defense form DD-2 (Retired), an identification card issued under the federal Veterans Identification Card Act of 2015, or a United States Department of Veterans Affairs summary of benefits letter. If the document cannot be stamped, the Illinois Department of Veterans' Affairs shall provide a certificate to the veteran to provide to the Secretary of State. The Illinois Department of Veterans' Affairs shall advise the Secretary as to what other forms of proof of a person's status as a veteran are acceptable. For each applicant who is issued a driver's license with a veteran designation, the Secretary shall provide the Department of Veterans' Affairs with the applicant's name, address, date of birth, gender and such other demographic information as agreed to by the Secretary and the Department. The Department may take steps necessary to confirm the applicant is a veteran. If after due diligence, including writing to the applicant at the address provided by the Secretary, the Department is unable to verify the applicant's veteran status, the Department shall inform the Secretary, who shall notify the applicant that he or she must confirm status as a veteran, or the driver's license will be cancelled. For purposes of this subsection (e): "Armed forces" means any of the Armed Forces of the United States, including a member of any reserve component or National Guard unit. "Veteran" means a person who has served in the armed forces and was discharged or separated under honorable conditions. (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-210 ) Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized to be issued
under this Code shall be made upon a form furnished by the Secretary of
State. Every application shall be accompanied by the proper fee and payment
of such fee shall entitle the applicant to not more than 3 attempts to pass
the examination within a period of one year after the date of application.
(b) Every application shall state the legal name, zip
code, date of birth, sex, and residence address of the applicant; briefly
describe the applicant; state whether the applicant has theretofore been
licensed as a driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended, revoked or
refused, and, if so, the date and reason for such cancellation, suspension,
revocation or refusal; shall include an affirmation by the applicant that
all information set forth is true and correct; and shall bear the
applicant's signature. In addition to the residence address, the Secretary may allow the applicant to provide a mailing address. In the case of an applicant who is a judicial officer or peace officer, the Secretary may allow the applicant to provide an office or work address in lieu of a residence or mailing address. The application form may
also require the statement of such additional relevant information as the
Secretary of State shall deem necessary to determine the applicant's
competency and eligibility. The Secretary of State may, in his
discretion, by rule or regulation, provide that an application for a
drivers license or permit may include a suitable photograph of the
applicant in the
form prescribed by the Secretary, and he may further provide that each
drivers license shall include a photograph of the driver. The Secretary of
State may utilize a photograph process or system most suitable to deter
alteration or improper reproduction of a drivers license and to prevent
substitution of another photo thereon.
For the purposes of this subsection (b), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations.
(b-1) Every application shall state the social security number of the applicant; except if the applicant
is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then: (1) if the applicant has documentation, issued by | ||
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(2) if the applicant does not have documentation | ||
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(A) documentation establishing that the | ||
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(B) a passport validly issued to the applicant | ||
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(C) a social security card, if the applicant has | ||
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(b-3) Upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after January 1, 2020 (the effective date of Public Act 101-513), and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary shall permit applicants to choose between "male", "female" or "non-binary" when designating the applicant's sex on the driver's license application form. The sex designated by the applicant shall be displayed on the driver's license issued to the applicant. (b-5) Every applicant for a REAL ID compliant driver's license or permit shall provide proof of lawful status in the United States as defined in 6 CFR 37.3, as amended. (c) The application form shall include a notice to the applicant of the
registration obligations of sex offenders under the Sex Offender Registration
Act. The notice shall be provided in a form and manner prescribed by the
Secretary of State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender Registration Act.
(d) Any male United States citizen or immigrant who applies for any
permit or
license authorized to be issued under this Code or for a renewal of any permit
or
license,
and who is at least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal Military
Selective
Service Act.
The Secretary of State must forward in an electronic format the necessary
personal information regarding the applicants identified in this subsection (d)
to
the Selective Service System. The applicant's signature on the application
serves
as an indication that the applicant either has already registered with the
Selective
Service System or that he is authorizing the Secretary to forward to the
Selective
Service System the necessary information for registration. The Secretary must
notify the applicant at the time of application that his signature constitutes
consent to registration with the Selective Service System, if he is not already
registered.
(e) Beginning on or before July 1, 2015, for each original or renewal driver's license application under this Code, the Secretary shall inquire as to whether the applicant is a veteran for purposes of issuing a driver's license with a veteran designation under subsection (e-5) of Section 6-110 of this Code. The acceptable forms of proof shall include, but are not limited to, Department of Defense form DD-214, Department of Defense form DD-256 for applicants who did not receive a form DD-214 upon the completion of initial basic training, Department of Defense form DD-2 (Retired), an identification card issued under the federal Veterans Identification Card Act of 2015, or a United States Department of Veterans Affairs summary of benefits letter. If the document cannot be stamped, the Illinois Department of Veterans' Affairs shall provide a certificate to the veteran to provide to the Secretary of State. The Illinois Department of Veterans' Affairs shall advise the Secretary as to what other forms of proof of a person's status as a veteran are acceptable. For each applicant who is issued a driver's license with a veteran designation, the Secretary shall provide the Department of Veterans' Affairs with the applicant's name, address, date of birth, gender and such other demographic information as agreed to by the Secretary and the Department. The Department may take steps necessary to confirm the applicant is a veteran. If after due diligence, including writing to the applicant at the address provided by the Secretary, the Department is unable to verify the applicant's veteran status, the Department shall inform the Secretary, who shall notify the applicant that he or she must confirm status as a veteran, or the driver's license will be cancelled. For purposes of this subsection (e): "Armed forces" means any of the Armed Forces of the United States, including a member of any reserve component or National Guard unit. "Veteran" means a person who has served in the armed forces and was discharged or separated under honorable conditions. (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.)
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(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
(Text of Section from P.A. 102-726) Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the Illinois
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Illinois
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's | ||
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3. possess a valid driver's license, which has not | ||
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4. successfully pass a written test, administered by | ||
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5. demonstrate ability to exercise reasonable care in | ||
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6. demonstrate physical fitness to operate school | ||
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7. affirm under penalties of perjury that he or she | ||
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8. have completed an initial classroom course, | ||
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9. not have been under an order of court supervision | ||
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10. not have been under an order of court supervision | ||
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11. not have been convicted of committing or | ||
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12. not have been repeatedly involved as a driver in | ||
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13. not have, through the unlawful operation of a | ||
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14. not have, within the last 5 years, been adjudged | ||
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15. consent, in writing, to the release of results of | ||
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16. not have been convicted of committing or | ||
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(a-5) If an applicant's driver's license has been suspended within the 3 years immediately prior to the date of application for the sole reason of failure to pay child support, that suspension shall not bar the applicant from receiving a school bus driver permit. (b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the Illinois
State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Illinois State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the order of court supervision or conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus | ||
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(2) The Secretary of State shall cancel a school bus | ||
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(3) The Secretary of State shall cancel a school bus | ||
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(4) The Secretary of State may not issue a school bus | ||
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(5) The Secretary of State shall forthwith suspend a | ||
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(6) The Secretary of State shall suspend a school bus | ||
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(7) The Secretary of State shall suspend a school bus | ||
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The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2-118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3-14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid. (i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section. (j) For purposes of subsections (h) and (i) of this Section: "Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. "Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard. (k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder. (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. 1-1-23.) (Text of Section from P.A. 102-813) Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the Illinois
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Illinois
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's | ||
| ||
3. possess a valid driver's license, which has not | ||
| ||
4. successfully pass a written test, administered by | ||
| ||
5. demonstrate ability to exercise reasonable care in | ||
| ||
6. demonstrate physical fitness to operate school | ||
| ||
7. affirm under penalties of perjury that he or she | ||
| ||
8. have completed an initial classroom course, | ||
| ||
9. not have been under an order of court supervision | ||
| ||
10. not have been under an order of court supervision | ||
| ||
11. not have been convicted of committing or | ||
| ||
12. not have been repeatedly involved as a driver in | ||
| ||
13. not have, through the unlawful operation of a | ||
| ||
14. not have, within the last 5 years, been adjudged | ||
| ||
15. consent, in writing, to the release of results of | ||
| ||
16. not have been convicted of committing or | ||
| ||
(b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the Illinois
State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Illinois State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the order of court supervision or conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus | ||
| ||
(2) The Secretary of State shall cancel a school bus | ||
| ||
(3) The Secretary of State shall cancel a school bus | ||
| ||
(4) The Secretary of State may not issue a school bus | ||
| ||
(5) The Secretary of State shall forthwith suspend a | ||
| ||
(6) The Secretary of State shall suspend a school bus | ||
| ||
(7) The Secretary of State shall suspend a school bus | ||
| ||
The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2-118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3-14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid. (i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section. (j) For purposes of subsections (h) and (i) of this Section: "Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. "Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard. (k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder. (Source: P.A. 101-458, 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.) (Text of Section from P.A. 102-982) Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the Illinois
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Illinois
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's | ||
| ||
3. possess a valid driver's license, which has not | ||
| ||
4. successfully pass a written test, administered by | ||
| ||
5. demonstrate ability to exercise reasonable care in | ||
| ||
6. demonstrate physical fitness to operate school | ||
| ||
7. affirm under penalties of perjury that he or she | ||
| ||
8. have completed an initial classroom course, | ||
| ||
9. not have been under an order of court supervision | ||
| ||
10. not have been under an order of court supervision | ||
| ||
11. not have been convicted of committing or | ||
| ||
12. not have been repeatedly involved as a driver in | ||
| ||
13. not have, through the unlawful operation of a | ||
| ||
14. not have, within the last 5 years, been adjudged | ||
| ||
15. consent, in writing, to the release of results of | ||
| ||
16. not have been convicted of committing or | ||
| ||
(b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the Illinois
State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Illinois State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the order of court supervision or conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus | ||
| ||
(2) The Secretary of State shall cancel a school bus | ||
| ||
(3) The Secretary of State shall cancel a school bus | ||
| ||
(4) The Secretary of State may not issue a school bus | ||
| ||
(5) The Secretary of State shall forthwith suspend a | ||
| ||
(6) The Secretary of State shall suspend a school bus | ||
| ||
(7) The Secretary of State shall suspend a school bus | ||
| ||
The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2-118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3-14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid. (i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section. (j) For purposes of subsections (h) and (i) of this Section: "Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. "Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard. (k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder. (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.) (Text of Section from P.A. 102-1130) Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit for the operation of first or second division vehicles being operated as school buses or a permit valid only for the operation of first division vehicles being operated as school buses to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the Illinois
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Illinois
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's | ||
| ||
3. possess a valid driver's license, which has not | ||
| ||
4. successfully pass a first division or second | ||
| ||
5. demonstrate ability to exercise reasonable care in | ||
| ||
6. demonstrate physical fitness to operate school | ||
| ||
7. affirm under penalties of perjury that he or she | ||
| ||
8. have completed an initial classroom course, | ||
| ||
9. not have been under an order of court supervision | ||
| ||
10. not have been under an order of court supervision | ||
| ||
11. not have been convicted of committing or | ||
| ||
12. not have been repeatedly involved as a driver in | ||
| ||
13. not have, through the unlawful operation of a | ||
| ||
14. not have, within the last 5 years, been adjudged | ||
| ||
15. consent, in writing, to the release of results of | ||
| ||
16. not have been convicted of committing or | ||
| ||
(a-5) By January 1, 2024, the Secretary of State, in conjunction with the Illinois State Board of Education, shall
develop a separate classroom course and refresher course for operation of vehicles of the
first division being operated as school buses. Regional superintendents of schools,
working with the Illinois State Board of Education, shall offer the course. (b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the Illinois
State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Illinois State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the order of court supervision or conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus | ||
| ||
(2) The Secretary of State shall cancel a school bus | ||
| ||
(3) The Secretary of State shall cancel a school bus | ||
| ||
(4) The Secretary of State may not issue a school bus | ||
| ||
(5) The Secretary of State shall forthwith suspend a | ||
| ||
(6) The Secretary of State shall suspend a school bus | ||
| ||
(7) The Secretary of State shall suspend a school bus | ||
| ||
The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2-118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3-14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid. (i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section. (j) For purposes of subsections (h) and (i) of this Section: "Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. "Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard. (k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder. (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-1130, eff. 7-1-23.) |
(625 ILCS 5/6-106.1a)
Sec. 6-106.1a. Cancellation of school bus driver permit; trace of alcohol.
(a) A person who has been issued a school bus driver permit by the Secretary
of State in accordance with Section 6-106.1 of this Code and who drives or is
in actual physical control of a school bus
or any other vehicle owned or operated by or for a public or private
school, or a school operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the transportation of persons
enrolled as students in grade 12 or below, in connection with any activity of
the entities listed, upon the public highways of this State shall be
deemed to have given consent to a chemical test or tests of blood, breath, other bodily substance, or
urine for the purpose of determining the alcohol content of the person's blood
if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation of this
Code or a similar provision of a local ordinance, if a police officer
has probable cause to believe that the driver has consumed any amount of an
alcoholic beverage based upon evidence of the driver's physical condition
or other first hand knowledge of the police officer. The test or tests shall
be administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the aforesaid tests shall
be administered. A urine or other bodily substance test may be administered even after a blood or breath
test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following provisions:
(1) Chemical analysis of the person's blood, urine, | ||
| ||
(2) When a person submits to a blood test at the | ||
| ||
(3) The person tested may have a physician, qualified | ||
| ||
(4) Upon a request of the person who submits to a | ||
| ||
(5) Alcohol concentration means either grams of | ||
| ||
(6) If a driver is receiving medical treatment as a | ||
| ||
(c) A person requested to submit to a test as provided in this Section shall
be warned
by the law enforcement officer requesting the test that a refusal to submit to
the test, or
submission to the test resulting in an alcohol concentration of more than 0.00,
may result
in the loss of that person's privilege to possess a school bus driver
permit. The loss of the individual's privilege to possess a school bus driver
permit shall be imposed in accordance with Section 6-106.1b of this Code. A person requested to submit to a test under this Section shall also acknowledge, in writing, receipt of the warning required under this subsection (c). If the person refuses to acknowledge receipt of the warning, the law enforcement 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.
(d) If the person refuses testing or submits to a test that discloses an
alcohol concentration of more than 0.00, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on a form
prescribed by the Secretary of State certifying that the test or tests were
requested under subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol concentration of more
than 0.00. The law enforcement officer shall submit the same sworn report when
a person who has been issued a school bus driver permit and who was operating a
school bus or any other vehicle owned
or operated by or for a public or private school, or a school operated by a
religious institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as students in grade
12 or below, in connection with
any activity of the entities listed, submits to testing under Section 11-501.1
of this Code and the testing discloses an alcohol concentration of more than
0.00 and less than the alcohol concentration at which driving or being in
actual physical control of a motor vehicle is prohibited under paragraph (1) of
subsection (a) of Section 11-501.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the school bus driver permit sanction on the
individual's driving record and the sanction shall be effective on the
46th day following the date notice of the sanction was given to the person.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this school bus driver permit sanction on the person and the sanction
shall be effective on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than 0.00 is
established by a subsequent analysis of blood, other bodily substance, or urine, the police officer or
arresting agency shall give notice as provided in this Section or by deposit in
the United States mail of that notice in an envelope with postage prepaid and
addressed to that person at his or her last known address and the loss of the
school
bus driver permit shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall also give notice of the school bus driver permit sanction to the
driver and the driver's current employer by mailing a notice of the effective
date of the sanction to the individual. However, shall the sworn report be
defective by not containing sufficient information or be completed in error,
the notice of the school bus driver permit sanction may not be mailed to the
person or his current employer or entered to the driving record,
but rather the sworn report shall be returned to the issuing law enforcement
agency.
(e) A driver may contest this school bus driver permit sanction by
requesting an administrative hearing with the Secretary of State in accordance
with Section 2-118 of this Code. An individual whose blood alcohol
concentration is shown to be more than 0.00 is not subject to this Section if
he or she consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is shown to be more
than 0.00 shall not be subject to this Section if the individual's blood
alcohol concentration resulted only from ingestion of the prescribed or
recommended dosage of medicine that contained alcohol. The petition for that
hearing shall not stay or delay the effective date of the impending suspension.
The scope of this hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to | ||
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(2) whether the person was issued a Uniform Traffic | ||
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(3) whether the police officer had probable cause to | ||
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(4) whether the person, after being advised by the | ||
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(5) whether the person, after being advised by the | ||
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(6) whether the test result of an alcohol | ||
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(7) whether the test result of an alcohol | ||
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The Secretary of State may adopt administrative rules setting forth
circumstances under which the holder of a school bus driver permit is not
required to
appear in
person at the hearing.
Provided that the petitioner may subpoena the officer, the hearing may be
conducted upon a review of the law enforcement officer's own official
reports. Failure of the officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under Section 2-118 of this
Code, the Secretary of State may rescind, continue, or modify
the school bus driver permit sanction.
(f) The results of any chemical testing performed in accordance with
subsection (a) of this Section are not admissible in any civil or criminal
proceeding, except that the results
of the testing may be considered at a hearing held under Section 2-118 of this
Code. However, the results of the testing may not be used to impose
driver's license sanctions under Section 11-501.1 of this Code. A law
enforcement officer may, however, pursue a statutory summary suspension or revocation of
driving privileges under Section 11-501.1 of this Code if other physical
evidence or first hand knowledge forms the basis of that suspension or revocation.
(g) This Section applies only to drivers who have been issued a school bus
driver permit in accordance with Section 6-106.1 of this Code at the time of
the issuance of the Uniform Traffic Ticket for a violation of this
Code or a similar provision of a local ordinance, and a chemical test
request is made under this Section.
(h) The action of the Secretary of State in suspending, revoking, canceling,
or denying any license, permit, registration, or certificate of title shall be
subject to judicial review in the Circuit Court of Sangamon County or in the
Circuit Court of Cook County, and the provisions of the Administrative Review
Law and its rules are hereby adopted and shall apply to and govern every
action for the judicial review of final acts or decisions of the Secretary of
State under this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-106.1b)
Sec. 6-106.1b.
Loss of school bus driver permit privileges; failure or
refusal to submit to chemical testing.
Unless the loss of school bus driver permit privileges based upon
consumption of alcohol by an individual who has been issued a school bus driver
permit in accordance with Section 6-106.1 of this Code or refusal to submit to
testing has been
rescinded by the Secretary of State in accordance with subsection (c) of
Section
6-206 of
this Code, a person whose privilege to possess a school bus driver permit has
been canceled under Section 6-106.1a is not eligible for restoration of the
privilege until the expiration of
3 years from the effective date of the cancellation for a person
who has refused or failed to complete a test or tests to determine blood
alcohol concentration or has submitted to testing with a blood alcohol
concentration of more than 0.00.
(Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99.)
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(625 ILCS 5/6-106.1c) Sec. 6-106.1c. Reasonable suspicion drug and alcohol testing of school bus driver permit holders. (a) An employer of a school bus driver permit holder who holds a commercial driver's license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall notify the Secretary of State, in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing the federal standards set forth in 49 CFR 40.87; or (iii) when a driver refuses testing. The notification to the Secretary must be submitted within 48 hours of the refusal of testing or the employer's receipt of the test results. (b) Employers of school bus driver permit holders who do not hold commercial driver's licenses and school bus driver permit holders who do not hold commercial driver's licenses are hereby made subject to 49 CFR 382.307 regarding reasonable suspicion testing, which must be done in conformance with 49 CFR Parts 40 and 382, except that the test results shall not be reported to the employer utilizing the Federal Drug Testing Custody and Control Form or the U.S. Department of Transportation Alcohol Testing Form, but shall be reported to the employer in a manner and form approved by the Secretary. The employer shall notify the Secretary, in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing the federal standards set forth in 49 CFR 40.87; or (iii) when a driver refuses testing. The notification to the Secretary must be submitted within 48 hours of the refusal of testing or the employer's receipt of the test results. (c) The Secretary of State may adopt rules to implement this Section. (d) The cost of a reasonable suspicion test shall be the responsibility of the employer, unless otherwise provided by contract or a collective bargaining agreement.
(Source: P.A. 97-466, eff. 1-1-12.) |
(625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
Sec. 6-106.2. Religious organization bus driver. A religious
organization bus driver shall meet the following requirements:
1. is 21 years of age or older;
2. has a valid and properly classified driver's | ||
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3. has held a valid driver's license, not | ||
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4. has demonstrated an ability to exercise | ||
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5. has not been convicted of any of the following | ||
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(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
Sec. 6-106.3. Senior citizen transportation - driver. A driver of a
vehicle operated solely for the purpose of providing transportation for
the elderly in connection with the activities of any public or private
organization
shall meet the following requirements:
(1) is 21 years of age or older;
(2) has a valid and properly classified driver's | ||
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(3) has had a valid driver's license, not necessarily | ||
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(4) has demonstrated his ability to exercise | ||
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(5) has not been convicted of any of the following | ||
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(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
Sec. 6-106.4. For-profit ridesharing arrangement - driver. No person
may drive a commuter van while it is being used for a for-profit ridesharing
arrangement unless such person:
(1) is 21 years of age or older;
(2) has a valid and properly classified driver's | ||
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(3) has held a valid driver's license, not | ||
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(4) has demonstrated his ability to exercise | ||
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(5) has not been convicted of any of the following | ||
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(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-106.11) (from Ch. 95 1/2, par. 6-106.11)
(Text of Section from P.A. 97-224)
Sec. 6-106.11.
(a) Any individual, corporation, partnership or association,
who through contractual arrangements with a school district transports
students, teachers or other personnel of that district for compensation, shall not
permit any person to operate a school bus or any first division vehicle including taxis when used for a purpose that requires a school bus driver permit pursuant to that contract if the
driver has not complied with the provisions of Sections 6-106.1 of this
Code or such other rules or regulations that the Secretary of State may
prescribe for the classification, restriction or licensing of school bus driver permit holders.
(a-5) Any individual, corporation, partnership, association, or entity that has a contractual arrangement referred to in subsection (a) of this Section must provide the school district with (i) the names of all drivers who will be operating a vehicle requiring a school bus driver permit pursuant to the contract with the school district; and (ii) a copy of each driver's school bus driver permit. Upon notification by the Secretary of State to the employer of the school bus driver permit holder that an employee's school bus driver permit has been suspended or cancelled, the employer must notify the school district of the suspension or cancellation within 2 business days. (a-10) An individual, corporation, partnership, association, or entity that has a contractual arrangement referred to in subsection (a) of this Section may not: (i) utilize a vehicle in the performance of the | ||
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(ii) allow smoking in a vehicle while the vehicle is | ||
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(b) A violation of this Section is a business offense and shall subject
the offender to a fine of no less than $1,000 nor more than $10,000 for
a first offense, no less than $1,500 nor more than $15,000 for a second
offense, and no less than $2,000 nor more than $20,000 for a third or
subsequent offense. In addition to any fines imposed under this subsection, any offender
who has been convicted three times under the provisions of subsection (a)
shall, upon a fourth or subsequent conviction be prohibited from transporting
or contracting to transport students, teachers or other personnel of a school
district for a period of five years beginning with the date of conviction
of such fourth or subsequent conviction.
(Source: P.A. 97-224, eff. 7-28-11 .)
(Text of Section from P.A. 97-229)
Sec. 6-106.11.
(a) Any individual, corporation, partnership or association,
who through contractual arrangements with a school district transports
students, teachers or other personnel of that district for compensation, shall not
permit any person to operate a school bus or any other motor vehicle requiring a school bus driver permit pursuant to that contract if the
driver has not complied with the provisions of Sections 6-106.1 of this
Code or such other rules or regulations that the Secretary of State may
prescribe for the classification, restriction or licensing of the school bus driver permit holder.
(b) A violation of this Section is a business offense and shall subject
the offender to a fine of no less than $1,000 nor more than $10,000 for
a first offense, no less than $1,500 nor more than $15,000 for a second
offense, and no less than $2,000 nor more than $20,000 for a third or
subsequent offense. In addition to any fines imposed under this subsection, any offender
who has been convicted three times under the provisions of subsection (a)
shall, upon a fourth or subsequent conviction be prohibited from transporting
or contracting to transport students, teachers or other personnel of a school
district for a period of five years beginning with the date of conviction
of such fourth or subsequent conviction.
(Source: P.A. 97-229, eff. 7-28-11 .)
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(625 ILCS 5/6-106.12) Sec. 6-106.12. Contracts requiring school bus driver permits. (a) No school district that contracts with any individual, corporation, partnership, association, or other entity to transport students, teachers, or other personnel of that district for compensation shall permit any person to operate a vehicle that requires a school bus driver permit pursuant to that contract if the driver has not complied with the provisions of Section 6-106.1 of this Code and other administrative rules governing the classification, restriction, or licensing of persons required to hold a school bus driver permit. (b) A school district that has a contract of the type described in subsection (a) of this Section shall maintain a copy of the school bus driver permit of any person operating a vehicle that requires a school bus permit.
(Source: P.A. 97-224, eff. 7-28-11.) |
(625 ILCS 5/6-107)
Sec. 6-107. Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle crashes,
fatalities,
and injuries by:
(1) providing for an increase in the time of practice | ||
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(2) strengthening driver licensing and testing | ||
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(3) sanctioning driving privileges of drivers under | ||
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(4) setting stricter standards to promote the | ||
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(b) The application of any person under
the age of 18 years, and not legally emancipated, for a driver's
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult. The written consent must accompany any application for a driver's license under this subsection (b), regardless of whether or not the required written consent also accompanied the person's previous application for an instruction permit.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of | ||
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(2) Passed an approved driver education course and | ||
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(3) Certification by the parent, legal guardian, or | ||
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(b-1) No graduated
driver's license shall be issued to any applicant who is under 18 years of age
and not legally emancipated, unless the applicant has graduated
from a secondary school of this State or any other state, is enrolled in a
course leading to a State of Illinois High School Diploma, has
obtained a State of Illinois High School Diploma, is enrolled in an elementary or secondary school or college or university
of this State or any other state and is not a chronic or habitual truant as provided in Section 26-2a of the School Code, or is receiving home instruction and submits proof of meeting any of those
requirements at the time of application.
An applicant under 18 years of age who provides proof acceptable to the Secretary that the applicant has resumed regular school attendance or home instruction or that his or her application was denied in error shall be eligible to receive a graduated license if other requirements are met. The Secretary shall adopt rules for implementing this subsection (b-1).
(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6-101 of this Code
or a similar out of state offense and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6-205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, the Use of Intoxicating Compounds Act, or the Methamphetamine Control and Community Protection Act while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found
guilty of such an offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that the offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 9 months to any
applicant
under
the
age of 18 years who has committed and subsequently been convicted of an offense against traffic regulations governing the movement of vehicles, any violation of this Section or Section 12-603.1 of this Code, or who has received a disposition of court supervision for a violation of Section 6-20 of the Illinois Liquor Control Act of 1934 or a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12-603 of this Code. If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the violation, the provisions of this paragraph shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code.
(f) (Blank).
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 12 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step-siblings, children, or stepchildren of the driver. If a graduated driver's license holder committed an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code during the first 12 months the license is held and subsequently is convicted of the violation, the provisions of this paragraph shall remain in effect until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code.
(h) It shall be an offense for a person that is age 15, but under age 20, to be a passenger in a vehicle operated by a driver holding a graduated driver's license during the first 12 months the driver holds the license or until the driver reaches the age of 18, whichever occurs sooner, if another passenger under the age of 20 is present, excluding a sibling, step-sibling, child, or step-child of the driver.
(i) No graduated driver's license shall be issued to any applicant under the age of 18 years if the applicant has been issued a traffic citation for which a disposition has not been rendered at the time of application. (Source: P.A. 102-982, eff. 7-1-23; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(625 ILCS 5/6-107.1) Sec. 6-107.1. Instruction permit for a minor. (a) The Secretary of State, upon
receiving proper application and payment of the required fee, may issue an
instruction permit to any person under the age of 18 years who is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, or 8 of Section
6-103, after the applicant has successfully passed such examination as the
Secretary of State in his discretion may prescribe. (1) An instruction permit issued under this Section | ||
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(2) A 24 month instruction permit for a motor driven | ||
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(3) A 24 month instruction permit for a motorcycle | ||
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(b) An instruction permit issued under this Section when issued to a person
under the
age of 18 years shall, as a matter of law, be invalid for the operation of any
motor
vehicle during the following times:
(1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(2) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
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(3) Between 10:00 p.m. on Sunday to Thursday, | ||
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The instruction permit of a person under the age of 18 shall not be invalid as described in paragraph (b) of this Section if the instruction permit holder under the age of 18 was: (1) accompanied by the minor's parent or guardian or | ||
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(2) on an errand at the direction of the minor's | ||
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(3) in a motor vehicle involved in interstate travel; (4) going to or returning home from an employment | ||
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(5) involved in an emergency; (6) going to or returning home from, without any | ||
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(7) exercising First Amendment rights protected by | ||
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(8) married or had been married or is an emancipated | ||
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(b-1) No instruction permit shall be issued to any applicant who is under the age of 18 years and who has been certified to be a chronic or habitual truant, as defined in Section 26-2a of the School Code. An applicant under the age of 18 years who provides proof that he or she has resumed regular school attendance or that his or her application was denied in error shall be eligible to receive an instruction permit if other requirements are met. The Secretary shall adopt rules for implementing this subsection (b-1).
(c) Any person under the age of 16 years who possesses an instruction permit
and
whose
driving privileges have been suspended or revoked under the provisions of this
Code shall not be granted a Family Financial Responsibility Driving Permit or a
Restricted Driving Permit. (Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.) |
(625 ILCS 5/6-107.2)
Sec. 6-107.2.
Rules for graduated licenses.
The Secretary of State, using
the authority to
license
motor vehicle operators, may adopt such rules as may be necessary to establish
standards, policies, and procedures for graduated licenses.
(Source: P.A. 90-369, eff. 1-1-98.)
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(625 ILCS 5/6-107.3)
Sec. 6-107.3.
Distinct nature of driver's license dependent on age.
The
Secretary of State shall provide that each graduated
driver's license and each regular driver's license issued to individuals under
21 years of age shall be of a distinct nature from those driver's licenses
issued to individuals 21 years of age and older. The colors designated for the
graduated driver's license and regular driver's license shall be at the
discretion of the Secretary of State.
(Source: P.A. 90-369, eff. 1-1-98.)
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(625 ILCS 5/6-107.4) Sec. 6-107.4. Temporary driver's license; applicant under 18. The Secretary of State may issue a temporary driver's license to an applicant under the age of 18 permitting the operation of a motor vehicle when the Secretary of State is unable to produce a driver's license due to an equipment or computer program failure or lack of necessary equipment, if the applicant is not otherwise ineligible for a driver's license and has met all the requirements of Section 6-107. The temporary driver's license must be in the applicant's immediate possession while he or she is operating a motor vehicle. The temporary license is invalid if the applicant's driver's license has been issued or for good cause has been refused. The Secretary of State may issue this temporary driver's license for any appropriate period not exceeding 30 days.
(Source: P.A. 94-930, eff. 6-26-06.) |
(625 ILCS 5/6-107.5) Sec. 6-107.5. Adult Driver Education Course. (a) The Secretary shall establish by rule the curriculum and designate the materials to be used in an adult driver education course. The course shall be at least 6 hours in length and shall include instruction on traffic laws; highway signs, signals, and markings that regulate, warn, or direct traffic; issues commonly associated with motor vehicle crashes including poor decision-making, risk taking, impaired driving, distraction, speed, failure to use a safety belt, driving at night, failure to yield the right-of-way, texting while driving, using wireless communication devices, and alcohol and drug awareness; and instruction on law enforcement procedures during traffic stops, including actions that a motorist should take during a traffic stop and appropriate interactions with law enforcement officers. The curriculum shall not require the operation of a motor vehicle. (b) The Secretary shall certify course providers. The requirements to be a certified course provider, the process for applying for certification, and the procedure for decertifying a course provider shall be established by rule. (b-5) In order to qualify for certification as an adult driver education course provider, each applicant must authorize an investigation that includes a fingerprint-based background check to determine if the applicant has ever been convicted of a criminal offense and, if so, the disposition of any conviction. This authorization shall indicate the scope of the inquiry and the agencies that may be contacted. Upon receiving this authorization, the Secretary of State may request and receive information and assistance from any federal, State, or local governmental agency as part of the authorized investigation. Each applicant shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history record databases. The Illinois State Police shall charge applicants a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check. The Illinois State Police shall furnish, pursuant to positive identification, records of Illinois criminal convictions to the Secretary and shall forward the national criminal history record information to the Secretary. Applicants shall pay any other fingerprint-related fees. Unless otherwise prohibited by law, the information derived from the investigation, including the source of the information and any conclusions or recommendations derived from the information by the Secretary of State, shall be provided to the applicant upon request to the Secretary of State prior to any final action by the Secretary of State on the application. Any criminal conviction information obtained by the Secretary of State shall be confidential and may not be transmitted outside the Office of the Secretary of State, except as required by this subsection (b-5), and may not be transmitted to anyone within the Office of the Secretary of State except as needed for the purpose of evaluating the applicant. At any administrative hearing held under Section 2-118 of this Code relating to the denial, cancellation, suspension, or revocation of certification of an adult driver education course provider, the Secretary of State may utilize at that hearing any criminal history, criminal conviction, and disposition information obtained under this subsection (b-5). The information obtained from the investigation may be maintained by the Secretary of State or any agency to which the information was transmitted. Only information and standards which bear a reasonable and rational relation to the performance of providing adult driver education shall be used by the Secretary of State. Any employee of the Secretary of State who gives or causes to be given away any confidential information concerning any criminal convictions or disposition of criminal convictions of an applicant shall be guilty of a Class A misdemeanor unless release of the information is authorized by this Section. (c) The Secretary may permit a course provider to offer the course online, if the Secretary is satisfied the course provider has established adequate procedures for verifying: (1) the identity of the person taking the course | ||
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(2) the person completes the entire course. (d) The Secretary shall establish a method of electronic verification of a student's successful completion of the course. (e) The fee charged by the course provider must bear a reasonable relationship to the cost of the course. The Secretary shall post on the Secretary of State's website a list of approved course providers, the fees charged by the providers, and contact information for each provider. (f) In addition to any other fee charged by the course provider, the course provider shall collect a fee of $5 from each student to offset the costs incurred by the Secretary in administering this program. The $5 shall be submitted to the Secretary within 14 days of the day on which it was collected. All such fees received by the Secretary shall be deposited in the Secretary of State Driver Services Administration Fund.
(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23 .) |
(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
Sec. 6-108. Cancellation of license issued to minor.
(a) The Secretary of State shall cancel the license or permit of any minor
under the age of 18 years in any of the following events:
1. Upon the verified written request of the person | ||
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2. Upon receipt of satisfactory evidence of the death | ||
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3. Upon receipt of satisfactory evidence that the | ||
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4. Upon receipt of information, submitted on a form | ||
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A minor who provides proof acceptable to the | ||
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5. Upon determination by the Secretary that at the | ||
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After cancellation, the Secretary of State shall not issue a new
license or permit until the applicant meets the provisions of Section
6-107 of this Code.
(b) The Secretary of State shall cancel the license or permit of any
person under the age of 18 years if he or she is convicted of violating
the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical
control of a motor vehicle.
For purposes of this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted.
Any person found guilty of this offense,
while in actual physical control of a motor vehicle, shall have an entry
made in the court record by the judge that this offense did occur
while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of
State as such. After the cancellation, the Secretary of State
shall not issue a new license or permit for a period of one year after the
date of cancellation or until the minor attains the age of 18 years,
whichever is longer.
However, upon application, the Secretary of State
may, if satisfied that the person applying will not endanger the public
safety, or welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle between the person's residence and
person's place of employment or within the scope of the person's employment related
duties, or to allow transportation for
the person or a household member of the person's family for the receipt of
necessary medical care or, if the professional evaluation indicates,
provide transportation for the petitioner for alcohol remedial or
rehabilitative activity, or for the person to attend classes, as a student,
in an accredited educational institution; if the person is able to
demonstrate that no alternative means of transportation is reasonably
available; provided that the Secretary's discretion shall be limited to
cases where undue hardship would result from a failure to issue such
restricted driving permit. In each case the Secretary of State may issue
a restricted driving permit for a period as he
deems appropriate,
except that the permit shall expire no later than 2 years from the date of
issuance. A restricted driving permit issued hereunder shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued hereunder may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary of State may,
as a condition to the issuance of a restricted driving permit, require the
applicant to participate in a driver remedial or rehabilitative
program.
Thereafter, upon reapplication for a license as
provided in Section 6-106 of this Code or a permit as provided in Section
6-105 of this Code and upon payment of the appropriate application fee, the
Secretary of State shall issue the applicant a license as provided in Section
6-106 of this Code or shall issue the applicant a permit as provided in Section 6-105.
(Source: P.A. 100-803, eff. 1-1-19 .) |
(625 ILCS 5/6-108.1)
Sec. 6-108.1. Notice to Secretary; denial of license;
persons under 18.
(a) The State's Attorney must notify the Secretary of the
charges pending
against any person younger than 18 years of age who has been charged
with a violation of this Code, the Criminal Code of 2012, or the Criminal Code of 1961 arising out of a crash in
which the person was involved as a driver and that caused the death of or a
type A injury to another person. A "type A injury" includes severely bleeding
wounds, distorted extremities, and injuries that require the injured party to
be carried from the scene. The State's Attorney must notify the Secretary on a
form prescribed by the Secretary.
(b) The Secretary, upon receiving notification from the State's Attorney,
may
deny any driver's license to any person
younger than 18 years of age against whom the charges are pending.
(c) The State's Attorney must notify the Secretary of the final
disposition of the case of any person who has been denied a driver's license
under subsection (b).
(d) The Secretary must adopt rules for implementing this Section.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-109) (Text of Section before amendment by P.A. 103-680 ) Sec. 6-109. Examination of applicants. (a) The Secretary of State shall examine every applicant for a driver's
license or permit who has not been previously licensed as a driver under the
laws of this State or any other state or country, or any applicant for renewal
of such driver's license or permit when such license or permit has been expired
for more than one year. The Secretary of State shall, subject to the
provisions of paragraph (c), examine every licensed driver at least every 8
years, and may examine or re-examine any other applicant or licensed driver,
provided that during the years 1984 through 1991 those drivers issued a license
for 3 years may be re-examined not less than every 7 years or more than every
10 years. The Secretary of State shall require the testing of the eyesight of any
driver's license or permit applicant who has not been previously licensed
as a driver under the laws of this State and shall promulgate rules and
regulations to provide for the orderly administration of all the provisions of
this Section. The Secretary of State shall include at least one test question that concerns the provisions of the Pedestrians with Disabilities Safety Act in the question pool used for the written portion of the driver's license examination within one year after July 22, 2010 (the effective date of Public Act 96-1167). The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, test questions concerning safe driving in the presence of bicycles, of which one may be concerning the Dutch Reach method as described in Section 2-112. The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle as described in Section 11-907. (b) Except as provided for those applicants in paragraph (c), such
examination shall include a test of the applicant's
eyesight, his or her ability to read and understand official traffic control devices,
his or her knowledge of safe driving practices and the traffic laws of this State,
and may include an actual demonstration of the applicant's ability to exercise
ordinary and reasonable control of the operation of a motor vehicle, and
such further physical and mental examination as the Secretary of State finds
necessary to determine the applicant's fitness to operate a motor vehicle
safely on the highways, except the examination of an applicant 75 years
of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, the examination of an applicant who has attained that increased age or is older shall include an actual demonstration of the applicant's
ability to exercise ordinary and reasonable control of the operation of
a motor vehicle. All portions of written and verbal examinations under
this Section, excepting where the English language appears on facsimiles
of road signs, may be given in the Spanish language and, at the discretion
of the Secretary of State, in any other language as well as in English upon
request of the examinee. Deaf persons who are otherwise qualified are not
prohibited from being issued a license, other than a commercial driver's
license, under this Code. (c) Re-examination for those applicants who at the time of renewing their
driver's license possess a driving record devoid of any convictions of traffic
violations or evidence of committing an offense
for which mandatory revocation
would be required upon conviction pursuant to Section 6-205 at the time
of renewal shall be in a manner prescribed by the Secretary
in order to determine an applicant's ability to safely operate a motor
vehicle,
except that every applicant for the renewal of a driver's license who is
75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, every applicant for the renewal of a driver's license who has attained that increased age or is older must prove, by an actual demonstration,
the applicant's ability to exercise reasonable care in the safe operation
of a motor vehicle. (d) In the event the applicant is not ineligible under the provisions of
Section 6-103 to receive a driver's license, the Secretary of State
shall make provision for giving an examination, either in the county where
the applicant resides or at a place adjacent thereto reasonably convenient
to the applicant, within not more than 30 days from the date said
application is received. (e) The Secretary of State may adopt rules regarding the use of foreign language interpreters during the application and examination process. (Source: P.A. 103-140, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-680 ) Sec. 6-109. Examination of applicants. (a) The Secretary of State shall examine every applicant for a driver's license or permit who has not been previously licensed as a driver under the laws of this State or any other state or country, or any applicant for renewal of such driver's license or permit when such license or permit has been expired for more than one year. The Secretary of State shall, subject to the provisions of paragraph (c), examine every licensed driver at least every 8 years, and may examine or re-examine any other applicant or licensed driver, provided that during the years 1984 through 1991 those drivers issued a license for 3 years may be re-examined not less than every 7 years or more than every 10 years. The Secretary of State shall require the testing of the eyesight of any driver's license or permit applicant who has not been previously licensed as a driver under the laws of this State and shall promulgate rules and regulations to provide for the orderly administration of all the provisions of this Section. The Secretary of State shall include at least one test question that concerns the provisions of the Pedestrians with Disabilities Safety Act in the question pool used for the written portion of the driver's license examination within one year after July 22, 2010 (the effective date of Public Act 96-1167). The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, test questions concerning safe driving in the presence of bicycles, of which one may be concerning the Dutch Reach method as described in Section 2-112. The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle as described in Section 11-907. If an applicant gives an incorrect response to a test question concerning subsection (c) of Section 11-907, Section 11-907.5, or subsection (a-1) of Section 11-908, then the Secretary of State shall provide the applicant with information concerning those Sections. (b) Except as provided for those applicants in paragraph (c), such examination shall include a test of the applicant's eyesight, his or her ability to read and understand official traffic control devices, his or her knowledge of safe driving practices and the traffic laws of this State, and may include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle, and such further physical and mental examination as the Secretary of State finds necessary to determine the applicant's fitness to operate a motor vehicle safely on the highways, except the examination of an applicant 75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, the examination of an applicant who has attained that increased age or is older shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. All portions of written and verbal examinations under this Section, excepting where the English language appears on facsimiles of road signs, may be given in the Spanish language and, at the discretion of the Secretary of State, in any other language as well as in English upon request of the examinee. Deaf persons who are otherwise qualified are not prohibited from being issued a license, other than a commercial driver's license, under this Code. (c) Re-examination for those applicants who at the time of renewing their driver's license possess a driving record devoid of any convictions of traffic violations or evidence of committing an offense for which mandatory revocation would be required upon conviction pursuant to Section 6-205 at the time of renewal shall be in a manner prescribed by the Secretary in order to determine an applicant's ability to safely operate a motor vehicle, except that every applicant for the renewal of a driver's license who is 75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, every applicant for the renewal of a driver's license who has attained that increased age or is older must prove, by an actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle. (d) In the event the applicant is not ineligible under the provisions of Section 6-103 to receive a driver's license, the Secretary of State shall make provision for giving an examination, either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant, within not more than 30 days from the date said application is received. (e) The Secretary of State may adopt rules regarding the use of foreign language interpreters during the application and examination process. (Source: P.A. 103-140, eff. 6-30-23; 103-680, eff. 1-1-25.) |
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying applicant a
driver's license as applied for, which license shall bear a
distinguishing
number assigned to the licensee, the legal name,
signature, zip
code, date of birth, residence address, and a brief description of the
licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code.
The Secretary may adopt rules to establish informational restrictions that can be placed on the driver's license regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the Secretary,
include a suitable photograph of a type prescribed by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a-2) apply, the license shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times: (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
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(C) Between 10:00 p.m. on Sunday to Thursday, | ||
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(a-2) The driver's license of a person under the age of 18 shall not be invalid as described in subsection (a-1) of this Section if the licensee under the age of 18 was: (1) accompanied by the licensee's parent or guardian | ||
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(2) on an errand at the direction of the minor's | ||
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(3) in a motor vehicle involved in interstate travel; (4) going to or returning home from an employment | ||
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(5) involved in an emergency; (6) going to or returning home from, without any | ||
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(7) exercising First Amendment rights protected by | ||
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(8) married or had been married or is an emancipated | ||
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(a-2.5) The driver's license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria: (1) the program is sponsored by the Boy Scouts of | ||
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(2) the sponsoring organization carries liability | ||
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(a-3) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the offense, the provisions of subsection (a-1) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or instruction permit has a current identification card issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit records maintained by the Secretary. The Secretary may promulgate rules to implement this provision. (a-5) If an applicant for a driver's license is a judicial officer or a peace officer, the applicant may elect to have his or her office or work address listed on the license instead of the applicant's residence or mailing address. The Secretary of State shall adopt rules to implement this subsection (a-5). For the purposes of this subsection (a-5), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. (b) Until the Secretary of State establishes a First Person Consent organ and tissue donor registry under Section 6-117 of this Code, the Secretary of State shall provide a format on the reverse of
each driver's license issued which the licensee may use to execute a document
of gift conforming to the provisions of the Illinois Anatomical Gift Act.
The format shall allow the licensee to indicate the gift intended, whether
specific organs, any organ, or the entire body, and shall accommodate the
signatures of the donor and 2 witnesses. The Secretary shall also inform
each applicant or licensee of this format, describe the procedure for its
execution, and may offer the necessary witnesses; provided that in so doing,
the Secretary shall advise the applicant or licensee that he or she is
under no compulsion to execute a document of gift. A brochure
explaining this method of executing an anatomical gift document shall be given
to each applicant or licensee. The brochure shall advise the applicant or
licensee that he or she is under no compulsion to execute a document of
gift, and that he or she may wish to consult with family, friends or clergy
before doing so. The Secretary of State may undertake additional efforts,
including education and awareness activities, to promote organ and tissue
donation.
(c) The Secretary of State shall designate on each driver's license issued
a space where the licensee may place a sticker or decal of the uniform
size as the Secretary may specify, which sticker or decal may indicate in
appropriate language that the owner of the license carries an Emergency
Medical Information Card.
The sticker may be provided by any person, hospital, school,
medical group, or association interested in assisting in implementing
the Emergency Medical Information Card, but shall meet the specifications
as the Secretary may by rule or regulation require.
(d) The Secretary of State shall designate on each driver's license issued
a space where the licensee may indicate his blood type and RH factor.
(e) The Secretary of State shall provide
that each original or renewal driver's license issued to a licensee under
21 years of age shall be of a distinct nature from those driver's licenses
issued to individuals 21 years of age and older. The color designated for
driver's licenses for licensees under 21 years of age shall be at the
discretion of the Secretary of State.
(e-1) The Secretary shall provide that each driver's license issued to a
person under the age of 21 displays the date upon which the person becomes 18
years of age and the date upon which the person becomes 21 years of age.
(e-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including healthcare, education assistance, and job placement. To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue drivers' licenses with the word "veteran" appearing on the face of the licenses. This authorization is predicated on the unique status of veterans. The Secretary may not issue any other driver's license which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the license holder which is unrelated to the purpose of the driver's license. (e-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal driver's license where, at the request of the applicant, the word "veteran" shall be placed. The veteran designation shall be available to a person identified as a veteran under subsection (e) of Section 6-106 of this Code who was discharged or separated under honorable conditions. (f) The Secretary of State shall inform all Illinois licensed
commercial motor vehicle operators of the requirements of the Uniform
Commercial Driver License Act, Article V of this Chapter, and shall make
provisions to insure that all drivers, seeking to obtain a commercial
driver's license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times, dates and
locations where these commercial driver's tests shall be conducted. Any
applicant, regardless of the current expiration date of the applicant's
driver's license, may be subject to any assignment by the Secretary.
Failure to comply with the Secretary's assignment may result in the
applicant's forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a
driver's license issued, a space where the licensee may indicate that he or
she has drafted a living will in accordance with the Illinois Living Will
Act or a durable power of attorney for health care in accordance with the
Illinois Power of Attorney Act.
(g-1) The Secretary of State, in his or her discretion, may designate on
each driver's license issued a space where the licensee may place a sticker or
decal, issued by the Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the terms of
this Section is not liable for damages in any civil action or subject to
prosecution in any criminal proceeding for his or her act.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13.)
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(625 ILCS 5/6-110.1) Sec. 6-110.1. Confidentiality of captured photographs or images. (a) The Secretary of State shall maintain a file on or contract to file all photographs and signatures obtained in the process of issuing a driver's license, permit, or identification card. Except as otherwise provided in this Section, the photographs and signatures shall be confidential and shall not be disclosed except to the following persons: (1) the individual to whom the driver's license or | ||
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(2) officers and employees of the Secretary of State | ||
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(3) law enforcement officials for a civil or criminal | ||
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(3-5) the State Board of Elections for the sole | ||
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(3-10) officers and employees of the Secretary of | ||
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(4) other entities that the Secretary may authorize | ||
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(b) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws. (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24 .) |
(625 ILCS 5/6-110.2) Sec. 6-110.2. Confidentiality of documents submitted with an application for a driver's license. Documents required to be submitted with an application for a driver's license to prove the applicant's identity (name and date of birth), social security number or lack of a social security number, written signature, residency, and, as applicable, citizenship or immigration status and country of
citizenship shall be confidential and shall not be disclosed except to the following persons: (1) the individual to whom the driver's license or | ||
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(2) officers and employees of the Secretary of State | ||
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(3) law enforcement officials for a civil or criminal | ||
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(4) other entities that the Secretary may authorize | ||
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(Source: P.A. 103-210, eff. 7-1-24 .) |
(625 ILCS 5/6-110.3) Sec. 6-110.3. Restrictions on use of information for certain purposes. (a) Notwithstanding any other provision of law, the Secretary may not release or make accessible in any manner any highly restricted personal information as defined in Section 1-125.9 or personally identifying information as defined in Section 1-159.2, provide images, photos, or facial recognition services as described in Section 6-110.1, or disclose documents as described in Section 6-110.2 to any immigration agent as defined in Section 10 of the Illinois TRUST Act, unless necessary to comply with the following, to the extent that production of such information or documents is specifically required: (1) a lawful court order; (2) a judicial warrant signed by a judge appointed | ||
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(3) a subpoena for individual records issued by a | ||
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When responding to such a court order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the Secretary shall send a notification to the individual about whom such information was requested that a court order, warrant, or subpoena was received and the identity of the entity that presented the court order, warrant, or subpoena. (b) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information as defined in Section 1-125.9, personally identifying information as defined in Section 1-159.2, images or photos described in Section 6-110.1, or documents described in Section 6-110.2 unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. (Source: P.A. 103-210, eff. 7-1-24 .) |
(625 ILCS 5/6-112) (from Ch. 95 1/2, par. 6-112)
Sec. 6-112. License and Permits to be carried and exhibited on
demand. Every licensee or permittee shall have his drivers license or permit
in his immediate possession at all times when operating a motor vehicle
and, for the purpose of indicating compliance with this requirement,
shall display such license or permit if it is in his possession upon
demand made, when in uniform or displaying a badge or other sign of
authority, by a member of the Illinois State Police, a sheriff or other police
officer or designated agent of the Secretary of State. However, no
person charged with violating this Section shall be convicted if he
produces in court satisfactory evidence that a drivers license was theretofore
issued to him and was valid at the time of his arrest.
For the purposes of this Section, "display" means the manual
surrender of his license certificate into the hands of the
demanding officer for his inspection thereof.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
Sec. 6-113. Restricted licenses and permits.
(a) The Secretary of
State upon issuing a drivers license or permit shall have the authority
whenever good cause appears to impose restrictions suitable to the
licensee's driving ability with respect to the type of, or special
mechanical control devices required on, a motor vehicle which the
licensee may operate or such other restrictions applicable to the
licensee as the Secretary of State may determine to be appropriate to
assure the safe operation of a motor vehicle by the licensee.
(b) The Secretary of State may either issue a special restricted
license or permit or may set forth such restrictions upon the usual
license or permit form.
(c) The Secretary of State may issue a probationary license to a person
whose driving privileges have been suspended pursuant to subsection (d) of this
Section or subsection (a)(2) of Section 6-206 of this
Code. This subsection (c) does not apply to any driver required to possess a CDL for the purpose of operating a commercial motor vehicle. The Secretary of State shall promulgate rules pursuant to the
Illinois Administrative Procedure Act, setting forth the conditions and
criteria for the issuance and cancellation of probationary licenses.
(d) The Secretary of State may upon receiving satisfactory evidence
of any violation of the restrictions of such license or permit suspend,
revoke or cancel the same without preliminary hearing, but the licensee or
permittee shall be entitled to a hearing as in the case of a suspension
or revocation.
(e) It is unlawful for any person to operate a motor vehicle in any
manner in violation of the restrictions imposed on a restricted license
or permit issued to him.
(f) Whenever the holder of a restricted driving permit is issued a citation
for any of the following offenses including similar local ordinances, the
restricted driving permit is immediately invalidated:
1. Reckless homicide resulting from the operation of | ||
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2. Violation of Section 11-501 of this Act relating | ||
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3. Violation of Section 11-401 of this Act relating | ||
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4. Violation of Section 11-504 of this Act relating | ||
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5. Violation of Section 11-506 of this Act relating | ||
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The police officer issuing the citation shall confiscate the restricted
driving permit and forward it, along with the citation, to the Clerk of
the Circuit Court of the county in which the citation was issued.
(g) The Secretary of State may issue a special restricted
license for a period of 48 months to individuals using vision aid
arrangements other than standard eyeglasses or contact lenses,
allowing the operation of a motor vehicle during nighttime hours.
The Secretary of State shall adopt rules defining the terms and
conditions by which the individual may obtain and renew this
special restricted license. At a minimum, all drivers must meet
the following requirements:
1. Possess a valid driver's license and have operated | ||
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2. Have a driving record that does not include any | ||
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3. Successfully complete a road test administered | ||
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The special restricted license holder must submit to the Secretary annually a vision specialist report from his or her ophthalmologist or optometrist that the special restricted license holder's vision has not changed. If the special restricted license holder fails to submit this vision specialist report, the special restricted license shall be cancelled under Section 6-201 of this Code. At a minimum, all drivers renewing this license must meet the
following requirements:
1. Successfully complete a road test administered | ||
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2. Have a driving record that does not include any | ||
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(h) Any driver issued a special restricted license as defined in
subsection (g) whose privilege to drive during nighttime hours has been
suspended due to a crash occurring during nighttime hours may request
a hearing as provided in Section 2-118 of this Code to contest that suspension.
If it is
determined that the crash for which the driver was at fault was not
influenced by the driver's use of vision aid arrangements other than standard
eyeglasses or contact lenses, the Secretary may reinstate that driver's
privilege to drive during nighttime hours.
(i) The Secretary of State may issue a special restricted training permit for a period of 6 months to individuals using vision aid arrangements other than standard eyeglasses or contact lenses, allowing the operation of a motor vehicle between sunset and 10:00 p.m. provided the driver is accompanied by a person holding a valid driver's license without nighttime operation restrictions. The Secretary may adopt rules defining the terms and conditions by which the individual may obtain and renew this special restricted training permit. At a minimum, all persons applying for a special restricted training permit must meet the following requirements: 1. Possess a valid driver's license and have | ||
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2. Have a driving record that does not include any | ||
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(j) Whenever the Secretary of State has issued an administrative order requiring an individual to use an ignition interlock device after his or her driver's license has been reinstated, that individual shall be issued a driver's license containing the ignition interlock device restriction. The administrative order shall set forth the duration of the restriction and any other applicable terms and conditions. (Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-114) (from Ch. 95 1/2, par. 6-114)
Sec. 6-114. Duplicate and Corrected Licenses and Permits.
In the event that a drivers license or permit issued under the
provisions of this Act is lost or destroyed, the person to whom the same
was issued may upon application and payment of the required fee obtain a
duplicate or substitute thereof, upon furnishing evidence satisfactory to
the Secretary of State that such permit or license has been lost or
destroyed and if such applicant is not then ineligible under Section 6-103
of this Act. Any person to whom has been issued a drivers license or permit
under the provisions of this Act and who desires to obtain a corrected
permit or license to indicate a correction of legal name or
residence
address or to correct a
statement appearing upon the original permit or license may upon
application and payment of the required fee obtain a corrected permit or
license. The original permit or license must accompany the application for
correction or evidence must be furnished satisfactory to the Secretary of
State that such permit or license has been lost or destroyed.
(Source: P.A. 93-895, eff. 1-1-05.)
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(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of
this Code shall
expire 4 years from the date of its issuance, or at such later
date, as the Secretary of State may by proper rule and regulation designate,
not to exceed 12 calendar months; in the event
that an applicant for renewal of a driver's license fails
to apply prior to
the expiration date of the previous driver's license, the renewal driver's
license
shall expire 4 years from the expiration date of the previous
driver's license, or at such later date as the Secretary of State may
by proper rule and
regulation designate, not to exceed 12 calendar months.
The Secretary of State may, however, issue to a
person not previously licensed as a driver in Illinois a driver's
license
which will expire not less than 4 years nor more than 5
years from date of
issuance, except as provided elsewhere in this Section.
(a-5) Every driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall expire on whichever is the earlier date of the following: (1) as provided under subsection (a), (f), (g), or | ||
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(2) on the date the applicant's authorized stay in | ||
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(3) if the applicant's authorized stay is | ||
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(a-10) Every REAL ID compliant driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall be marked "Limited Term". (b) Before the expiration of a driver's license, except those
licenses expiring on the individual's 21st birthday, or 3 months after
the individual's 21st birthday, the holder thereof may apply for a renewal
thereof, subject to all the provisions of Section 6-103, and the Secretary
of State may require an examination of the applicant. A licensee
whose driver's license expires on his 21st birthday, or 3 months after
his 21st birthday, may not apply for a renewal of his driving privileges
until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the expiration of a
driver's license, forward to each person whose license
is to expire a
notification of the expiration of said license which may
be presented at the time of renewal of said license.
There may be included with such notification information explaining
the anatomical gift and Emergency Medical Information Card provisions of
Section 6-110. The format and text of such information
shall be prescribed by the Secretary.
There shall be included with such notification,
for a period of 4 years beginning January 1, 2000 information regarding the
Illinois Adoption Registry and Medical Information Exchange established in
Section 18.1 of the Adoption Act.
(d) The Secretary may defer the expiration of the driver's license
of a licensee, spouse, and dependent children who are living with such licensee
while on active duty, serving in the Armed Forces of the United
States outside of the State of Illinois, and 120 days thereafter, upon such
terms and conditions as the Secretary may prescribe.
(d-5) The Secretary may defer the expiration of the driver's license of a licensee, or of a spouse or dependent children living with the licensee, serving as a civilian employee of the United States Armed Forces or the United States Department of Defense, outside of the State of Illinois, and 120 days thereafter, upon such terms and conditions as the Secretary may prescribe. (e) The Secretary of State may decline to process a renewal of a driver's
license
of any person who has not paid any fee or tax due under this Code and is not
paid upon reasonable notice and demand.
(f) The Secretary shall provide that each original or renewal driver's
license issued to a licensee under 21 years of age shall expire 3 months
after the licensee's 21st birthday. Persons whose current driver's licenses
expire on their 21st birthday on or after January 1, 1986 shall not renew their
driver's license before their 21st birthday, and their current driver's
license will be extended for an additional term of 3 months beyond their
21st birthday. Thereafter, the expiration and term of the driver's license
shall be governed by subsection (a) hereof.
(g) The Secretary shall provide that each original or renewal driver's
license issued to a licensee 81 years of age through age 86 shall expire 2
years from the date of issuance, or at such later date as the Secretary may
by rule and regulation designate, not to exceed an additional 12 calendar
months. The
Secretary shall also provide that each original or renewal driver's license
issued to a licensee 87 years of age or older shall expire 12 months from
the date of issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12 calendar months.
(h) The Secretary of State shall provide that each special
restricted driver's license issued under subsection (g) of Section
6-113 of this Code shall expire 12 months from the date of
issuance. The Secretary shall adopt rules defining renewal
requirements.
(i) The Secretary of State shall provide that each driver's license issued to a person convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall expire 12 months from the date of issuance or at such date as the Secretary may by rule designate, not to exceed an additional 12 calendar months. The Secretary may adopt rules defining renewal requirements.
(Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22 .)
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(625 ILCS 5/6-116) (from Ch. 95 1/2, par. 6-116)
Sec. 6-116. Notice of Change of Residence Address or Legal
Name.
(a) Whenever any person after applying for or receiving a drivers
license or
permit moves from the residence address named in such application or on the
license
or permit issued to him such person shall within 10 days
thereafter notify the Drivers Services Department of the Secretary of State's
Office in writing of his old and new
residence
addresses and of the number of any
license
or permit then held by him. Such person may obtain a corrected license or
permit as provided in Section 6-114.
(b) Any person whose legal name has changed from the name on the license
or permit that he or she has been previously issued must apply for a corrected
card within 30 days after the change.
(Source: P.A. 93-895, eff. 1-1-05.)
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(625 ILCS 5/6-116.5)
Sec. 6-116.5.
Driver's duty to report medical condition.
Every driver shall report to the Secretary any medical
condition, as defined by the Driver's License Medical Review Law of 1992, that
is likely to cause loss of consciousness or any loss of ability
to safely operate a motor vehicle within 10 days of the driver becoming aware
of the condition. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
All information furnished to the Secretary under the provisions of this
Section shall be deemed confidential and for the privileged use of the Secretary in accordance with the provisions of subsection (j) of Section 2-123 of this Code.
(Source: P.A. 89-584, eff. 7-31-96 .)
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(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
Sec. 6-117. Records to be kept by the Secretary of State.
(a) The Secretary of State shall file every application for a license or
permit accepted under this Chapter, and shall maintain suitable
indexes thereof. The records of the Secretary of State shall indicate the
action taken with respect to such applications.
(b) The Secretary of State shall maintain appropriate records of all
licenses and permits refused, cancelled, disqualified, revoked, or suspended and of the
revocation,
suspension, and disqualification of driving privileges of persons not licensed
under this Chapter, and such records shall note the reasons for such
action.
(c) The Secretary of State shall maintain appropriate records of
convictions reported under this Chapter. Records of conviction may be
maintained in a computer processible medium.
(d) The Secretary of State may also maintain appropriate records of any
crash reports received.
(e) The Secretary of State shall also maintain appropriate records
of any disposition of supervision or records
relative
to a driver's referral to a driver remedial or rehabilitative program, as
required by the Secretary of State or the courts. Such records shall only
be available for use by the Secretary, the driver licensing administrator of any other state, law enforcement agencies, the
courts, and the affected driver or, upon proper verification,
such affected driver's attorney.
(f) The Secretary of State shall also maintain or contract to maintain
appropriate records of all photographs and signatures obtained in the process
of issuing any driver's license, permit, or identification card. The record
shall be confidential and shall not be disclosed except to those entities
listed under Section 6-110.1 of this Code.
(g) The Secretary of State may establish a First Person Consent organ and tissue donor registry in compliance with subsection (b-1) of Section 5-20 of the Illinois Anatomical Gift Act, as follows: (1) The Secretary shall offer, to each applicant for | ||
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(2) The Secretary of State may establish additional | ||
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(3) When an individual has agreed to have his or her | ||
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(4) An individual may withdraw his or her consent to | ||
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(5) The Secretary of State may undertake additional | ||
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(6) In the absence of gross negligence or willful | ||
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(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-117.1) Sec. 6-117.1. Prohibited use of driver's license information. (a) When information is obtained from a driver's license to identify or prove the age of the holder of the license, or in the course of a commercial transaction, that information may be used only for purposes of identification of the individual or for completing the commercial transaction in which the information was obtained, including all subsequent payment, processing, collection, and other related actions. Information obtained from a driver's license may not be used for purposes unrelated to the transaction in which it was obtained, including, but not limited to, commercial solicitations. Information obtained from a driver's license to identify the holder of the license, or in the course of a commercial transaction, may not be sold, leased, or otherwise provided to any third party. (b) Any individual whose driver's license information has been used in violation of this Section has a cause of action against the person who violated this Section. Upon a finding that a violation did occur, the individual whose information was used in violation of this Section is entitled to recover actual damages, but not less than liquidated damages in the amount of $250 for each violation, plus attorney's fees and the costs of bringing the action. (c) Use of information contained on a driver's license is not a violation of this Section if (i) the individual whose information has been used gave express permission for that use or (ii) the information relating to the individual was obtained from a source other than the individual's driver's license. (d) This Section does not apply to any agency of the United States, the State of Illinois, or any other state or political subdivision thereof. (e) This Section does not apply to the transfer of information to a third party if (i) a federal or State law, rule, or regulation requires that the information be transferred to a third party after being recorded in specified transactions or (ii) the information is transferred to a third party for purposes of the detection or possible prosecution of criminal offenses or fraud. If information is transferred to a third party under this subsection (e), it may be used only for the purposes authorized by this subsection (e).
(f) This Section does not apply to the use of information obtained from a driver's license which has been provided by the holder of the license in the course of a potential or completed employment, commercial, business or professional transaction for the purpose of completing written documents including, but not limited to, contracts, agreements, purchase orders, retail installment contracts, buyer's orders, purchase contracts, repair orders, applications, disclosure forms or waiver forms.
(Source: P.A. 94-892, eff. 1-1-07.) |
(625 ILCS 5/6-117.2) Sec. 6-117.2. Emergency contact database. (a) The Secretary of State shall establish a database of the emergency contacts of persons who hold a driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State. Information in the database shall be accessible only to employees of the Office of the Secretary and law enforcement officers employed by a law enforcement agency. Law enforcement officers may share information contained in the emergency contact database, including disabilities and special needs information, with other public safety workers on scene, as needed to conduct official law enforcement duties. (b) Any person holding a driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, the name, address, telephone number, and relationship to the holder of no more than 2 emergency contact persons whom the holder wishes to be contacted by a law enforcement officer if the holder is involved in a motor vehicle crash or other emergency situation and the holder is unable to communicate with the contact person or persons and may designate whether the holder has a disability or is a special needs individual. A contact person need not be the holder's next of kin. (c) The Secretary shall adopt rules to implement this Section. At a minimum, the rules shall address all of the following: (1) the method whereby a holder may provide the | ||
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(2) the method whereby a holder may provide the | ||
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(3) any other aspect of the database or its operation | ||
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(d) If a person involved in a motor vehicle crash or other emergency situation is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation. Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer incurs any liability, however, if the law enforcement officer is not able to make contact with the contact person. Except for willful or wanton misconduct, neither the law enforcement officer, nor the law enforcement agency that employs the law enforcement officer, shall incur any liability relating to the reporting or use of the database during a motor vehicle crash or other emergency situation. (e) The Secretary of State shall make a good faith effort to maintain accurate data as provided by the driver's license or instruction permit holder and to provide that information to law enforcement as provided in subsection (a). The Secretary of State is not liable for any damages, costs, or expenses, including, without limitation, consequential damages, arising or resulting from any inaccurate or incomplete data or system unavailability. Except for willful or wanton misconduct, the Secretary of State shall not incur any liability relating to the reporting of disabilities or special needs individuals. (f) As used in this Section: "Disability" means an individual's physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment; or when the individual is regarded as having such impairment. "Public safety worker" means a person employed by this State or a political subdivision thereof that provides firefighting, law enforcement, medical or other emergency services. "Special needs individuals" means those individuals who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required by individuals generally. (Source: P.A. 102-982, eff. 7-1-23 .) |
(625 ILCS 5/6-118)
Sec. 6-118. Fees. (a) The fees for licenses and permits under this
Article are as follows: Original driver's license
$30 Original or renewal driver's license issued to 18, 19 and 20 year olds
5 All driver's licenses for persons age 69 through age 80
5 All driver's licenses for persons age 81 through age 86
2 All driver's licenses for persons age 87 or older
0 Renewal driver's license (except for applicants ages 18, 19 and 20 or age 69 and older)
30 Original instruction permit issued to persons (except those age 69 and older) who do not hold or have not previously held an Illinois instruction permit or driver's license
20 Instruction permit issued to any person holding an Illinois driver's license who wishes a change in classifications, other than at the time of renewal
5 Any instruction permit issued to a person age 69 and older
5 Instruction permit issued to any person, under age 69, not currently holding a valid Illinois driver's license or instruction permit but who has previously been issued either document in Illinois
10 Restricted driving permit
8 Monitoring device driving permit
8 Duplicate or corrected driver's license or permit
5 Duplicate or corrected restricted driving permit
5 Duplicate or corrected monitoring device driving permit
5 Duplicate driver's license or permit issued to an active-duty member of the United States Armed Forces, the member's spouse, or the dependent children living with the member
0 Original or renewal M or L endorsement
5 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE The fees for commercial driver licenses and permits | ||
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Commercial driver's license: $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network/National Motor Vehicle Title Information Service Trust Fund); $20 for the Motor Carrier Safety Inspection Fund; $10 for the driver's license; and $24 for the CDL:
$60 Renewal commercial driver's license: $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; $20 for the Motor Carrier Safety Inspection Fund; $10 for the driver's license; and $24 for the CDL:
$60 Commercial learner's permit issued to any person holding a valid Illinois driver's license for the purpose of changing to a CDL classification: $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; $20 for the Motor Carrier Safety Inspection Fund; and $24 for the CDL classification
$50 Commercial learner's permit issued to any person holding a valid Illinois CDL for the purpose of making a change in a classification, endorsement or restriction
$5 CDL duplicate or corrected license
$5 In order to ensure the proper implementation of the Uniform Commercial
Driver License Act, Article V of this Chapter, the Secretary of State is
empowered to prorate the $24 fee for the commercial driver's license
proportionate to the expiration date of the applicant's Illinois driver's
license. The fee for any duplicate license or permit shall be waived for any
person who presents the Secretary of State's office with a
police report showing that his license or permit was stolen. The fee for any duplicate license or permit shall be waived for any
person age 60 or older whose driver's license or permit has been lost or stolen. No additional fee shall be charged for a driver's license, or for a
commercial driver's license, when issued
to the holder of an instruction permit for the same classification or
type of license who becomes eligible for such
license. The fee for a restricted driving permit under this subsection (a) shall be imposed annually until the expiration of the permit. (a-5) The fee for a driver's record or data contained therein is $20 and shall be disbursed as set forth in subsection (k) of Section 2-123 of this Code. (b) Any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked under Section 3-707, any
provision of
Chapter 6, Chapter 11, or Section 7-205, 7-303, or 7-702 of the Family
Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows: Suspension under Section 3-707
$100
Suspension under Section 11-1431
$100 Summary suspension under Section 11-501.1
$250
Suspension under Section 11-501.9
$250 Summary revocation under Section 11-501.1
$500 Other suspension
$70 Revocation
$500 However, any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked for a second or subsequent time
for a violation of Section 11-501, 11-501.1, or 11-501.9
of this Code or a similar provision of a local ordinance
or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense
or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
shall pay, in addition to any other
fees required by this Code, a
reinstatement
fee as follows: Summary suspension under Section 11-501.1
$500 Suspension under Section 11-501.9
$500 Summary revocation under Section 11-501.1
$500 Revocation
$500 (c) All fees collected under the provisions of this Chapter 6 shall be disbursed under subsection (g) of Section 2-119 of this Code,
except as follows: 1. The following amounts shall be paid into the | ||
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(A) $16 of the $20 fee for an original driver's | ||
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(B) $5 of the $30 fee for an original driver's | ||
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(C) $5 of the $30 fee for a 4 year renewal | ||
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(D) $4 of the $8 fee for a restricted driving | ||
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(E) $4 of the $8 fee for a monitoring device | ||
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2. $30 of the $250 fee for reinstatement of a license | ||
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3. $6 of the original or renewal fee for a commercial | ||
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4. $30 of the $70 fee for reinstatement of a license | ||
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5. The $5 fee for each original or renewal M or L | ||
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6. $20 of any original or renewal fee for a | ||
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7. The following amounts shall be paid into the | ||
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(A) $190 of the $250 reinstatement fee for a | ||
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(B) $40 of the $70 reinstatement fee for any | ||
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(C) $440 of the $500 reinstatement fee for a | ||
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8. Fees collected under paragraph (4) of subsection | ||
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(d) All of the proceeds of the additional fees imposed by this amendatory Act of the 96th General Assembly shall be deposited into the Capital Projects Fund. (e) The additional fees imposed by this amendatory Act of the 96th General Assembly shall become effective 90 days after becoming law. The additional fees imposed by this amendatory Act of the 103rd General Assembly shall become effective July 1, 2023 and shall be paid into the Secretary of State Special Services Fund. (f) As used in this Section, "active-duty member of the United States Armed Forces" means a member of the Armed Services or Reserve Forces of the United States or a member of the Illinois National Guard who is called to active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. (Source: P.A. 103-8, eff. 7-1-23.) |
(625 ILCS 5/6-119) (from Ch. 95 1/2, par. 6-119)
Sec. 6-119. When fees returnable-drivers license.
(a) Whenever any application to the Secretary of State for a driver's license or permit under this Article is accompanied by
any fee as required by law and such application is refused or rejected after a review of eligibility, which may include facial recognition comparison, the applicant shall not be entitled to a refund of any fees paid. (a-5) If the Secretary of State determines that the volume of expedited driver's license requests received on a given day exceeds the ability of the Secretary to process those requests in an expedited manner, the Secretary may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant.
(b) Whenever the Secretary of State through error collects any fee not
required to be paid hereunder, the same shall be refunded to the person
paying the same upon application therefor made within 6 months after the
date of such payment.
(c) Whenever a person dies after making application for a drivers
license or permit under this Article, application for a refund of the
drivers license or permit may be made if the person dies prior to the
effective date for which application has been made, and if the drivers
license or permit has never been used. The Secretary of State shall refund
the drivers license or permit fees upon receipt within 3 months after the
application for a drivers license or permit of an application for refund
accompanied with the drivers license or permit and proof of death of the
applicant.
(d) Any application for refund received after the times specified in
this Section shall be denied and the applicant in order to receive a refund
must apply to the Court of Claims.
(Source: P.A. 99-305, eff. 1-1-16 .)
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(625 ILCS 5/6-120)
Sec. 6-120.
Inter-agency agreement for information.
Notwithstanding any
other provision of this Code, the Secretary of State shall enter into an
inter-agency agreement with the Department of Children and Family Services to
establish a procedure by which employees of the Department of Children and
Family Services may
have immediate access to driver's license records maintained by the Secretary
of
State if the Department of Children and Family Services determines the
information is necessary to perform
its duties under the Abused and Neglected Child
Reporting
Act, the Child Care Act of 1969, and the Children and Family Services Act.
(Source: P.A. 88-614, eff. 9-7-94.)
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(625 ILCS 5/6-121) Sec. 6-121. Issuance of confidential drivers' licenses. (a) Requirements for use of confidential drivers' licenses. Confidential drivers' licenses may be issued to local, state, and federal government agencies for bona fide law enforcement purposes. The drivers' licenses may be issued with fictitious names and addresses, and may be used only for confidential, investigative, or undercover law enforcement operations. Confidential drivers' licenses may be issued as REAL ID compliant or standard driver's licenses. (b) Application procedures for confidential drivers' licenses: (1) Applications by local, state, and federal | ||
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(2) The application form must include information, | ||
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(3) The application form must be signed and verified | ||
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(4) Registration information maintained by the | ||
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(c) Revocation and cancellation procedures for confidential drivers' licenses: (1) The Secretary of State Police Department may | ||
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(2) A government agency must request cancellation of | ||
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(3) All revoked confidential drivers' licenses must | ||
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(Source: P.A. 103-210, eff. 7-1-24 .) |
(625 ILCS 5/6-122) Sec. 6-122. Expedited driver's license. The Secretary of State may provide for an expedited process for the issuance of a driver's license. The Secretary shall charge an additional fee for the issuance of an expedited driver's license, to be set by rule, not to exceed $75. All fees collected by the Secretary for expedited driver's license service shall be deposited into the Secretary of State Special Services Fund. The Secretary may adopt rules regarding the eligibility, process, and fee for an expedited driver's license.
(Source: P.A. 103-210, eff. 7-1-24 .) |
(625 ILCS 5/Ch. 6 Art. II heading) ARTICLE II.
CANCELLATION, SUSPENSION, OR
REVOCATION OF LICENSES AND PERMITS
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(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any license or permit
upon determining that the holder thereof:
1. was not entitled to the issuance thereof | ||
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2. failed to give the required or correct information | ||
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3. failed to pay any fees owed to the Secretary of | ||
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4. committed any fraud in the making of such | ||
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5. is ineligible therefor under the provisions of | ||
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6. has refused or neglected to submit an alcohol, | ||
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7. has been convicted of violating the Cannabis | ||
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8. failed to submit a report as required by Section | ||
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9. has been convicted of a sex offense as defined in | ||
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10. is ineligible for a license or permit under | ||
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11. refused or neglected to appear at a Driver | ||
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12. failed to submit a medical examiner's certificate | ||
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13. has had his or her medical examiner's | ||
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14. failed to self-certify as to the type of driving | ||
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15. has submitted acceptable documentation indicating | ||
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16. was convicted of fraud relating to the testing or | ||
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17. has a special restricted license under subsection | ||
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18. has a special restricted license under subsection | ||
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19. has assisted an out-of-state resident in | ||
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(b) Upon such cancellation the licensee or permittee must surrender the
license or permit so cancelled to the Secretary of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the Secretary of State
shall have exclusive authority to grant, issue, deny, cancel, suspend and
revoke driving privileges, drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement this Section.
(Source: P.A. 101-623, eff. 7-1-20; 102-982, eff. 7-1-23 .) |
(625 ILCS 5/6-202) (from Ch. 95 1/2, par. 6-202)
Sec. 6-202. Non-residents and Unlicensed Persons-Revocation and Suspension-Reporting
Convictions.
(a) The privilege of driving a motor vehicle on highways of this State
given to a nonresident hereunder and the privilege which an unlicensed
person might have to obtain a license under this Act shall be subject to
suspension or revocation by the Secretary of State in like manner and for
like cause as a drivers license issued hereunder may be suspended or
revoked.
(b) The Secretary of State is authorized, upon receiving a report of the
conviction in this State of a nonresident driver of a motor vehicle of any
offense under the laws of this State relating to operation, custody or
ownership of motor vehicles, to forward a copy or abstract of such report
to the motor vehicle administrator of the State wherein the person so
convicted is a resident.
(c) (Blank.)
(d) This section is subject to the provisions of the Driver License
Compact.
(Source: P.A. 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-203) (from Ch. 95 1/2, par. 6-203)
Sec. 6-203.
Suspending or revoking license or privilege upon conviction in another
state.
The Secretary of State is authorized to suspend or revoke the license of
any resident of this State or the privilege of a nonresident to drive a
motor vehicle in this State upon receiving notice of the conviction of such
person in another State of an offense therein which, if committed in this
State would be grounds for the suspension or revocation of the license of a
driver.
This Section is subject to the provisions of the Driver License Compact.
(Source: P.A. 76-1586.)
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(625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
Sec. 6-203.1.
(a) The Secretary of State is authorized to suspend, for the period set forth in Section 6-208.1, the
driving privileges of persons arrested in another state for driving under
the influence of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, or a similar
provision, and who has refused to submit to a chemical test or tests under
the provisions of implied consent.
(b) When a driving privilege has been suspended for a refusal as
provided in paragraph (a) and the person is subsequently convicted of the
underlying charge, for the same incident, any period served on suspension
shall be credited toward the minimum period of revocation of driving
privileges imposed pursuant to Section 6-206.
(Source: P.A. 96-607, eff. 8-24-09.)
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(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State the records
essential to the performance of the Secretary's duties under this Code to
cancel, revoke or suspend the driver's license and privilege to drive motor
vehicles of certain minors and of persons
found guilty of the criminal offenses or traffic violations
which this Code recognizes as evidence relating to unfitness to safely operate
motor vehicles, the following duties are imposed upon public officials:
(1) Whenever any person is convicted of any offense | ||
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(2) Whenever any person is convicted of any offense | ||
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The reporting requirements of this subsection shall | ||
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The reporting requirements of this subsection (a) | ||
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(3) Whenever an order is entered revoking pretrial | ||
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(4) A report of any disposition of court supervision | ||
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(5) Reports of conviction under this Code and | ||
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(b) Whenever a restricted driving permit is forwarded to a court, as a
result of confiscation by a police officer pursuant to the authority in
Section 6-113(f), it shall be the duty of the clerk, or judge, if the court
has no clerk, to forward such restricted driving permit and a facsimile of
the officer's citation to the Secretary of State as expeditiously as
practicable.
(c) For the purposes of this Code, a revocation of pretrial release that has not been vacated, or the failure of a defendant to appear for trial
after depositing his driver's license, shall be
equivalent to a conviction.
(d) For the purpose of providing the Secretary of State with records
necessary to properly monitor and assess driver performance and assist the
courts in the proper disposition of repeat traffic law offenders, the clerk
of the court shall forward to the Secretary of State,
on a form prescribed
by the Secretary, records of a driver's participation in a driver remedial
or rehabilitative program which was required, through a court order or court
supervision, in relation to the driver's arrest for a violation of Section
11-501 of this Code or a similar provision of a local ordinance.
The clerk of the court shall also forward to the Secretary, either on
paper or in an electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any disposition
of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2)
of subsection (a) of this Section.
These reports
shall be sent within 5
days after disposition, or, if
the driver is
referred to a driver
remedial or rehabilitative program, within 5 days of the driver's referral
to that program.
These reports received by the Secretary of State, including those required to
be forwarded under paragraph (a)(4), shall be privileged information, available
only (i) to the affected driver, (ii) to the parent or guardian of a person under the age of 18 years holding an instruction permit or a graduated driver's license, and (iii) for use by the courts, police
officers, prosecuting authorities, the Secretary of State, and the driver licensing administrator of any other state. In accordance with 49 C.F.R. Part 384, all reports of court supervision, except violations related to parking, shall be forwarded to the Secretary of State for all holders of a CLP or CDL or any driver who commits an offense while driving a commercial motor vehicle. These reports shall be recorded to the driver's record as a conviction for use in the disqualification of the driver's commercial motor vehicle privileges and shall not be privileged information.
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit; hardship cases.
(a) Except as provided in this Section, the Secretary of State shall
immediately revoke the license, permit, or driving privileges of
any driver upon receiving a
report of the driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of | ||
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2. Violation of Section 11-501 of this Code or a | ||
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3. Any felony under the laws of any State or the | ||
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4. Violation of Section 11-401 of this Code relating | ||
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5. Perjury or the making of a false affidavit or | ||
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6. Conviction upon 3 charges of violation of Section | ||
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7. Conviction of any offense defined in Section 4-102 | ||
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8. Violation of Section 11-504 of this Code relating | ||
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9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of | ||
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11. Violation of Section 11-204.1 of this Code | ||
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12. Violation of paragraph (1) of subsection (b) of | ||
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13. Violation of paragraph (a) of Section 11-502 of | ||
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14. Violation of paragraph (a) of Section 11-506 of | ||
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15. A second or subsequent conviction of driving | ||
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16. Any offense against any provision in this Code, | ||
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17. Violation of subsection (a-2) of Section | ||
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18. A second or subsequent conviction of illegal | ||
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19. Violation of subsection (a) of Section 11-1414 of | ||
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(b) The Secretary of State shall also immediately revoke the license
or permit of any driver in the following situations:
1. Of any minor upon receiving the notice provided | ||
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2. Of any person when any other law of this State | ||
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3. Of any person adjudicated under the Juvenile Court | ||
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(c)(1) Whenever a person is convicted of any of the offenses enumerated in
this Section, the court may recommend and the Secretary of State in his
discretion, without regard to whether the recommendation is made by the
court may, upon application,
issue to the person a
restricted driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's employment related
duties, or to allow the petitioner to transport himself or herself or a family member
of the petitioner's household to a medical facility for the receipt of necessary medical care or to allow the
petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare; if the petitioner is able to demonstrate that no alternative means
of transportation is reasonably available and that the petitioner will not endanger
the public safety or welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue the
restricted driving permit.
(1.5) A person subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code may make application for a restricted driving permit at a hearing conducted under Section 2-118 of this Code after the expiration of 5 years from the effective date of the most recent revocation, or after 5 years from the date of release from a period of imprisonment resulting from a conviction of the most recent offense, whichever is later, provided the person, in addition to all other requirements of the Secretary, shows by clear and convincing evidence: (A) a minimum of 3 years of uninterrupted | ||
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(B) the successful completion of any rehabilitative | ||
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In determining whether an applicant is eligible for a restricted driving permit under this paragraph (1.5), the Secretary may consider any relevant evidence, including, but not limited to, testimony, affidavits, records, and the results of regular alcohol or drug tests. Persons subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code and who have been convicted of more than one violation of paragraph (3), paragraph (4), or paragraph (5) of subsection (a) of Section 11-501 of this Code shall not be eligible to apply for a restricted driving permit. A restricted driving permit issued under this paragraph (1.5) shall provide that the holder may only operate motor vehicles equipped with an ignition interlock device as required under paragraph (2) of subsection (c) of this Section and subparagraph (A) of paragraph 3 of subsection (c) of Section 6-206 of this Code. The Secretary may revoke a restricted driving permit or amend the conditions of a restricted driving permit issued under this paragraph (1.5) if the holder operates a vehicle that is not equipped with an ignition interlock device, or for any other reason authorized under this Code. A restricted driving permit issued under this paragraph (1.5) shall be revoked, and the holder barred from applying for or being issued a restricted driving permit in the future, if the holder is subsequently convicted of a violation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in another state. (2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or | ||
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(i) a single conviction of violating Section | ||
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(ii) a statutory summary suspension or | ||
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(iii)
a suspension pursuant to Section 6-203.1;
arising out of
separate occurrences; or (B) a person has been convicted of one violation of | ||
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that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1. (4)
The person issued a permit conditioned on the use of an ignition interlock device must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees. (5)
If the restricted driving permit is issued for employment purposes, then
the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person. (6)
In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate, except that the
permit shall expire no later than 2 years from the date of issuance. A restricted
driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the Secretary of
State in like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed sufficient cause
for the revocation, suspension, or cancellation of a restricted driving permit.
The Secretary of State may, as a condition to the issuance of a restricted
driving permit, require the petitioner to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is authorized to
cancel a restricted driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of this Section, no
restricted driving permit shall be issued until the individual has served 6
months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person's driving privileges shall be revoked pursuant to subdivision (a)(15) of this Section. The person may not make application for a license or permit until the expiration of five years from the effective date of the revocation or the expiration of five years from the date of release from a term of imprisonment, whichever is later. (c-7) If a person is convicted of a third or subsequent violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person may never apply for a license or permit. (d)(1) Whenever a person under the age of 21 is convicted under Section
11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that person. One
year after the date of revocation, and upon application, the Secretary of
State may, if satisfied that the person applying will not endanger the
public safety or welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of one year.
After this one-year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate reinstatement
fee provided under paragraph (b) of Section 6-118, the Secretary of State,
in his discretion, may
reinstate the petitioner's driver's license and driving privileges, or extend the restricted driving permit as many times as the
Secretary of State deems appropriate, by additional periods of not more than
24 months each.
(2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or suspended 2 or more times
due to any combination of: (A) a single conviction of violating Section 11-501 | ||
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(B) a statutory summary suspension or revocation | ||
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(C) a suspension pursuant to Section 6-203.1; arising out of separate occurrences, that person, if issued a
restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1. (3.5) If a person's license or permit is revoked or suspended due to a conviction for a violation of subparagraph (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. (4)
The person issued a permit conditioned upon the use of an interlock device must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees. (5)
If the restricted driving permit is issued for employment purposes, then
the prohibition against driving a vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person. (6) A
restricted driving permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving privileges of a person convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state, is permanent. The Secretary may not, at any time, issue a license or permit to that person.
(e) This Section is subject to the provisions of the Driver License
Compact.
(f) Any revocation imposed upon any person under subsections 2
and 3 of paragraph (b) that is in effect on December 31, 1988 shall be
converted to a suspension for a like period of time.
(g) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been revoked
under any provisions of this Code.
(h) The Secretary of State shall require the use of ignition interlock
devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (h), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of this Section. Regardless of whether an exemption under subdivision (c) (5) or (d) (5) applies, every person subject to this subsection shall not be eligible for reinstatement until the person installs an ignition interlock device and maintains the ignition interlock device for 5 years.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked, suspended, cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person whose driving privileges have been revoked under paragraph 16 of subsection (a) of this Section that his or her driving privileges and driver's license will be revoked 90 days from the date of the mailing of the notice. (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21; 102-982, eff. 7-1-23 .) |
(625 ILCS 5/6-205.1)
Sec. 6-205.1.
(Repealed).
(Source: P.A. 90-590, eff. 1-1-99. Repealed by P.A. 92-458, eff. 8-22-01.)
|
(625 ILCS 5/6-205.2)
Sec. 6-205.2. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 101-623, eff. 7-1-20 .) |
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke license or
permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or revoke the
driving privileges of any person without preliminary hearing upon a showing
of the person's records or other sufficient evidence that
the person:
1. Has committed an offense for which mandatory | ||
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2. Has been convicted of not less than 3 offenses | ||
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3. Has been repeatedly involved as a driver in motor | ||
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4. Has by the unlawful operation of a motor vehicle | ||
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5. Has permitted an unlawful or fraudulent use of a | ||
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6. Has been lawfully convicted of an offense or | ||
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7. Has refused or failed to submit to an examination | ||
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8. Is ineligible for a driver's license or permit | ||
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9. Has made a false statement or knowingly concealed | ||
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10. Has possessed, displayed, or attempted to | ||
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11. Has operated a motor vehicle upon a highway of | ||
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12. Has submitted to any portion of the application | ||
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13. Has operated a motor vehicle upon a highway of | ||
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14. Has committed a violation of Section 6-301, | ||
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15. Has been convicted of violating Section 21-2 of | ||
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16. Has been convicted of violating Section 11-204 of | ||
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17. Has refused to submit to a test, or tests, as | ||
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18. (Blank);
19. Has committed a violation of paragraph (a) or (b) | ||
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20. Has been convicted of violating Section 6-104 | ||
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21. Has been convicted of violating Section 11-402 of | ||
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22. Has used a motor vehicle in violating paragraph | ||
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23. Has, as a driver, been convicted of committing a | ||
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24. Has been convicted by a court-martial or punished | ||
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25. Has permitted any form of identification to be | ||
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26. Has altered or attempted to alter a license or | ||
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27. (Blank);
28. Has been convicted for a first time of the | ||
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29. Has been convicted of the following offenses that | ||
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30. Has been convicted a second or subsequent time | ||
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31. Has refused to submit to a test as required by | ||
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32. Has been convicted of Section 24-1.2 of the | ||
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33. Has as a driver, who was less than 21 years of | ||
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34. Has committed a violation of Section 11-1301.5 of | ||
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35. Has committed a violation of Section 11-1301.6 of | ||
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36. Is under the age of 21 years at the time of | ||
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37. Has committed a violation of subsection (c) of | ||
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38. Has been convicted of a violation of Section 6-20 | ||
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39. Has committed a second or subsequent violation of | ||
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40. Has committed a violation of subsection (a-1) of | ||
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41. Has committed a second or subsequent violation of | ||
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42. Has committed a violation of subsection (a-1) of | ||
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43. Has received a disposition of court supervision | ||
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44. Is under the age of 21 years at the time of | ||
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45. Has, in connection with or during the course of | ||
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46. Has committed a violation of subsection (j) of | ||
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47. Has committed a violation of subsection (a) of | ||
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48. Has submitted a falsified or altered medical | ||
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49. Has been convicted of a violation of Section | ||
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50. Has committed a violation of subsection (b-5) of | ||
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51. Has committed a violation of Section 10-15 Of | ||
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52. Has committed a violation of subsection (b) of | ||
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For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this
subsection, license means any driver's license, any traffic ticket issued when
the person's driver's license is deposited in lieu of bail, a suspension
notice issued by the Secretary of State, a duplicate or corrected driver's
license, a probationary driver's license, or a temporary driver's license. (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the order of suspension
or revocation, as the case may be, provided that a certified copy of a stay
order of a court is filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate back to the time
the original judgment of conviction was entered and the 6-month limitation
prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or permit of
any person as authorized in this Section, the Secretary of State shall
immediately notify the person in writing of the revocation or suspension.
The notice to be deposited in the United States mail, postage prepaid,
to the last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this Section, a
person's privilege to operate a vehicle as an occupation shall not be
suspended, provided an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of which occurred
while operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be suspended by the
Secretary of State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on forms to be
provided by the Secretary of State setting forth the facts of the person's
occupation. The affidavit shall also state the number of offenses
committed while operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the Secretary of State
shall issue the driver a permit to operate a vehicle in connection with the
driver's regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the privilege to drive
any motor vehicle shall be suspended as set forth in the notice that was
mailed under this Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued for the remainder
of the suspension period.
The provisions of this subparagraph shall not apply to any driver
required to possess a CDL for the purpose of operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit required
herein shall be guilty of perjury under Section 6-302 and upon conviction
thereof shall have all driving privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of this Code,
the Secretary of State shall either rescind or continue an order of
revocation or shall substitute an order of suspension; or, good
cause appearing therefor, rescind, continue, change, or extend the
order of suspension. If the Secretary of State does not rescind the order,
the Secretary may upon application,
to relieve undue hardship (as defined by the rules of the Secretary of State), issue
a restricted driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's employment-related duties, or to
allow the petitioner to transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive necessary medical care, to allow the petitioner to transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare. The
petitioner must demonstrate that no alternative means of
transportation is reasonably available and that the petitioner will not endanger
the public safety or welfare.
(A) If a person's license or permit is revoked or | ||
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(B) If a person's license or permit is revoked or | ||
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(i) a single conviction of violating Section | ||
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(ii) a statutory summary suspension or revocation | ||
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(iii) a suspension under Section 6-203.1; arising out of separate occurrences; that person, if | ||
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(B-5) If a person's license or permit is revoked | ||
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(C) The person issued a permit conditioned upon the | ||
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(D) If the restricted driving permit is issued for | ||
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(E) In each case the Secretary may issue a | ||
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(F) A person subject to the provisions of paragraph 4 | ||
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(i) a minimum of 3 years of uninterrupted | ||
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(ii) the successful completion of any | ||
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In determining whether an applicant is eligible for a | ||
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A restricted driving permit issued under this | ||
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A restricted driving permit issued under this | ||
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(c-3) In the case of a suspension under paragraph 43 of subsection (a), reports received by the Secretary of State under this Section shall, except during the actual time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the driver licensing administrator of any other state, the Secretary of State, or the parent or legal guardian of a driver under the age of 18. However, beginning January 1, 2008, if the person is a CDL holder, the suspension shall also be made available to the driver licensing administrator of any other state, the U.S. Department of Transportation, and the affected driver or motor
carrier or prospective motor carrier upon request.
(c-4) In the case of a suspension under paragraph 43 of subsection (a), the Secretary of State shall notify the person by mail that his or her driving privileges and driver's license will be suspended one month after the date of the mailing of the notice.
(c-5) The Secretary of State may, as a condition of the reissuance of a
driver's license or permit to an applicant whose driver's license or permit has
been suspended before he or she reached the age of 21 years pursuant to any of
the provisions of this Section, require the applicant to participate in a
driver remedial education course and be retested under Section 6-109 of this
Code.
(d) This Section is subject to the provisions of the Driver License
Compact.
(e) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been suspended
or revoked under any provisions of this Code.
(f) In accordance with 49 CFR 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified under any provisions of this Code. (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) |
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) Sec. 6-206.1. Monitoring Device Driving Permit. Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol, other drug or
drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to
provide a deterrent to such practice, a statutory summary driver's license suspension is appropriate.
It is also recognized that driving is a privilege and therefore, that the granting of driving privileges, in a manner consistent with public
safety, is warranted during the period of suspension in the form of a monitoring device driving permit. A person who drives and fails to comply with the requirements of the monitoring device driving permit commits a violation of Section 6-303 of this Code. The following procedures shall apply whenever
a first offender, as defined in Section 11-500 of this Code, is arrested for any offense as defined in Section 11-501
or a similar provision of a local ordinance and is subject to the provisions of Section 11-501.1: (a) Upon mailing of the notice of suspension of driving privileges as provided in subsection (h) of Section 11-501.1 of this Code, the Secretary shall also send written notice informing the person that he or she will be issued a monitoring device driving permit (MDDP). The notice shall include, at minimum, information summarizing the procedure to be followed for issuance of the MDDP, installation of the breath alcohol ignition installation device (BAIID), as provided in this Section, exemption from BAIID installation requirements, and procedures to be followed by those seeking indigent status, as provided in this Section. The notice shall also include information summarizing the procedure to be followed if the person wishes to decline issuance of the MDDP. A copy of the notice shall also be sent to the court of venue together with the notice of suspension of driving privileges, as provided in subsection (h) of Section 11-501. However, a MDDP shall not be issued if the Secretary finds that:
(1) the offender's driver's license is otherwise | ||
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(2) death or great bodily harm to another resulted | ||
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(3) the offender has been previously convicted of | ||
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(4) the offender is less than 18 years of age. Any offender participating in the MDDP program must pay the Secretary a MDDP Administration Fee in an amount not to exceed $30 per month, to be deposited into the Monitoring Device Driving Permit Administration Fee Fund. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. The offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP. The ignition interlock device provider must notify the Secretary, in a manner and form prescribed by the Secretary, of the installation. If the Secretary does not receive notice of installation, the Secretary shall cancel the MDDP.
Upon receipt of the notice, as provided in paragraph (a) of this Section, the person may file a petition to decline issuance of the MDDP with the court of venue. The court shall admonish the offender of all consequences of declining issuance of the MDDP including, but not limited to, the enhanced penalties for driving while suspended. After being so admonished, the offender shall be permitted, in writing, to execute a notice declining issuance of the MDDP. This notice shall be filed with the court and forwarded by the clerk of the court to the Secretary. The offender may, at any time thereafter, apply to the Secretary for issuance of a MDDP. (a-1) A person issued a MDDP may drive for any purpose and at any time, subject to the rules adopted by the Secretary under subsection (g). The person must, at his or her own expense, drive only vehicles equipped with an ignition interlock device as defined in Section 1-129.1, but in no event shall such person drive a commercial motor vehicle. (a-2) Persons who are issued a MDDP and must drive employer-owned vehicles in the course of their employment duties may seek permission to drive an employer-owned vehicle that does not have an ignition interlock device. The employer shall provide to the Secretary a form, as prescribed by the Secretary, completed by the employer verifying that the employee must drive an employer-owned vehicle in the course of employment. If approved by the Secretary, the form must be in the driver's possession while operating an employer-owner vehicle not equipped with an ignition interlock device. No person may use this exemption to drive a school bus, school vehicle, or a vehicle designed to transport more than 15 passengers. No person may use this exemption to drive an employer-owned motor vehicle that is owned by an entity that is wholly or partially owned by the person holding the MDDP, or by a family member of the person holding the MDDP. No person may use this exemption to drive an employer-owned vehicle that is made available to the employee for personal use. No person may drive the exempted vehicle more than 12 hours per day, 6 days per week.
(a-3) Persons who are issued a MDDP and who must drive a farm tractor to and from a farm, within 50 air miles from the originating farm are exempt from installation of a BAIID on the farm tractor, so long as the farm tractor is being used for the exclusive purpose of conducting farm operations. (b) (Blank). (c) (Blank).
(c-1) If the holder of the MDDP is convicted of or receives court supervision for a violation of Section 6-206.2, 6-303, 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar provision of a local ordinance or a similar out-of-state offense or is convicted of or receives court supervision for any offense for which alcohol or drugs is an element of the offense and in which a motor vehicle was involved (for an arrest other than the one for which the MDDP is issued), or de-installs the BAIID without prior authorization from the Secretary, the MDDP shall be cancelled. (c-5) If the Secretary determines that the person seeking the MDDP is indigent, the Secretary shall provide the person with a written document as evidence of that determination, and the person shall provide that written document to an ignition interlock device provider. The provider shall install an ignition interlock device on that person's vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund.
If the Secretary has deemed an offender indigent, the BAIID provider shall also provide the normal monthly monitoring services and the de-installation without charge to the offender and seek reimbursement from the Indigent BAIID Fund. Any other monetary charges, such as a lockout fee or reset fee, shall be the responsibility of the MDDP holder. A BAIID provider may not seek a security deposit from the Indigent BAIID Fund. (d) MDDP information
shall be available only to the courts, police officers, and the Secretary, except during the actual period the MDDP is valid, during which
time it shall be a public record. (e) (Blank). (f) (Blank). (g) The Secretary shall adopt rules for implementing this Section. The rules adopted shall address issues including, but not limited to: compliance with the requirements of the MDDP; methods for determining compliance with those requirements; the consequences of noncompliance with those requirements; what constitutes a violation of the MDDP; methods for determining indigency; and the duties of a person or entity that supplies the ignition interlock device. (h) The rules adopted under subsection (g) shall provide, at a minimum, that the person is not in compliance with the requirements of the MDDP if he or she: (1) tampers or attempts to tamper with or circumvent | ||
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(2) provides valid breath samples that register blood | ||
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(3) fails to provide evidence sufficient to satisfy | ||
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(4) fails to follow any other applicable rules | ||
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(i) Any person or entity that supplies an ignition interlock device as provided under this Section shall, in addition to supplying only those devices which fully comply with all the rules adopted under subsection (g), provide the Secretary, within 7 days of inspection, all monitoring reports of each person who has had an ignition interlock device installed. These reports shall be furnished in a manner or form as prescribed by the Secretary. (j) Upon making a determination that a violation of the requirements of the MDDP has occurred, the Secretary shall extend the summary suspension period for an additional 3 months beyond the originally imposed summary suspension period, during which time the person shall only be allowed to drive vehicles equipped with an ignition interlock device; provided further there are no limitations on the total number of times the summary suspension may be extended. The Secretary may, however, limit the number of extensions imposed for violations occurring during any one monitoring period, as set forth by rule. Any person whose summary suspension is extended pursuant to this Section shall have the right to contest the extension through a hearing with the Secretary, pursuant to Section 2-118 of this Code. If the summary suspension has already terminated prior to the Secretary receiving the monitoring report that shows a violation, the Secretary shall be authorized to suspend the person's driving privileges for 3 months, provided that the Secretary may, by rule, limit the number of suspensions to be entered pursuant to this paragraph for violations occurring during any one monitoring period. Any person whose license is suspended pursuant to this paragraph, after the summary suspension had already terminated, shall have the right to contest the suspension through a hearing with the Secretary, pursuant to Section 2-118 of this Code. The only permit the person shall be eligible for during this new suspension period is a MDDP. (k) A person who has had his or her summary suspension extended for the third time, or has any combination of 3 extensions and new suspensions, entered as a result of a violation that occurred while holding the MDDP, so long as the extensions and new suspensions relate to the same summary suspension, shall have his or her vehicle impounded for a period of 30 days, at the person's own expense. A person who has his or her summary suspension extended for the fourth time, or has any combination of 4 extensions and new suspensions, entered as a result of a violation that occurred while holding the MDDP, so long as the extensions and new suspensions relate to the same summary suspension, shall have his or her vehicle subject to seizure and forfeiture. The Secretary shall notify the prosecuting authority of any third or fourth extensions or new suspension entered as a result of a violation that occurred while the person held a MDDP. Upon receipt of the notification, the prosecuting authority shall impound or forfeit the vehicle. The impoundment or forfeiture of a vehicle shall be conducted pursuant to the procedure specified in Article 36 of the Criminal Code of 2012. (l) A person whose driving privileges have been suspended under Section 11-501.1 of this Code and who had a MDDP that was cancelled, or would have been cancelled had notification of a violation been received prior to expiration of the MDDP, pursuant to subsection (c-1) of this Section, shall not be eligible for reinstatement when the summary suspension is scheduled to terminate. Instead, the person's driving privileges shall be suspended for a period of not less than twice the original summary suspension period, or for the length of any extensions entered under subsection (j), whichever is longer. During the period of suspension, the person shall be eligible only to apply for a restricted driving permit. If a restricted driving permit is granted, the offender may only operate vehicles equipped with a BAIID in accordance with this Section. (m) Any person or entity that supplies an ignition interlock device under this Section shall, for each ignition interlock device installed, pay 5% of the total gross revenue received for the device, including monthly monitoring fees, into the Indigent BAIID Fund. This 5% shall be clearly indicated as a separate surcharge on each invoice that is issued. The Secretary shall conduct an annual review of the fund to determine whether the surcharge is sufficient to provide for indigent users. The Secretary may increase or decrease this surcharge requirement as needed. (n) Any person or entity that supplies an ignition interlock device under this Section that is requested to provide an ignition interlock device to a person who presents written documentation of indigency from the Secretary, as provided in subsection (c-5) of this Section, shall install the device on the person's vehicle without charge to the person and shall seek reimbursement from the Indigent BAIID Fund. (o) The Indigent BAIID Fund is created as a special fund in the State treasury. The Secretary shall, subject to appropriation by the General Assembly, use all money in the Indigent BAIID Fund to reimburse ignition interlock device providers who have installed devices in vehicles of indigent persons. The Secretary shall make payments to such providers every 3 months. If the amount of money in the fund at the time payments are made is not sufficient to pay all requests for reimbursement submitted during that 3 month period, the Secretary shall make payments on a pro-rata basis, and those payments shall be considered payment in full for the requests submitted. If the amount of money in the fund exceeds the amount necessary to pay all requests for reimbursement during that 3-month period, the Secretary shall disburse the excess to the providers on a pro rata basis. (p) The Monitoring Device Driving Permit Administration Fee Fund is created as a special fund in the State treasury. The Secretary shall, subject to appropriation by the General Assembly, use the money paid into this fund to offset its administrative costs for administering MDDPs.
(q) The Secretary is authorized to prescribe such forms as it deems necessary to carry out the provisions of this Section. (Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19; 102-699, eff. 4-19-22.) |
(625 ILCS 5/6-206.2)
Sec. 6-206.2. Violations relating to an ignition interlock device.
(a) It is unlawful for any person whose driving privilege is restricted
by being prohibited from operating a motor vehicle not equipped with an
ignition interlock device to operate a motor vehicle not equipped with an ignition interlock device. (a-5) It is unlawful for any person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device to
request or solicit any other person to blow into
an ignition interlock device or to start a motor vehicle equipped with the
device for the purpose of providing the person so restricted with an operable
motor vehicle.
(b) It is unlawful to blow into an ignition interlock device or to start
a motor vehicle equipped with the device for the purpose of providing an
operable motor vehicle to a person whose driving privilege is restricted
by being prohibited from operating a motor vehicle not equipped with an
ignition interlock device.
(c) It is unlawful to tamper with, or circumvent the operation of, an
ignition interlock device.
(d) Except as provided in subsection (c)(17) of Section 5-6-3.1 of the
Unified Code of Corrections or by rule, no person shall knowingly rent, lease,
or lend a motor vehicle to a person known to have his or her driving privilege
restricted by being prohibited from operating a vehicle not equipped with an
ignition interlock device, unless the vehicle is equipped with a functioning
ignition interlock device. Any person whose driving privilege is so restricted
shall notify any person intending to rent, lease, or loan a motor vehicle to
the restricted person of the driving restriction imposed upon him or her.
(d-5) A person convicted of a violation of this Section is guilty of a Class A misdemeanor. (e) (Blank).
(Source: P.A. 95-27, eff. 1-1-08; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08.) |
(625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
Sec. 6-207. Secretary of State may require reexamination or reissuance of a
license. (a) The Secretary of State, having good cause to believe that a licensed
driver or person holding a permit or applying for a license or license
renewal is incompetent or otherwise not qualified to hold a license or
permit, may upon written notice of at least 5 days to the person require the
person to submit to an examination as prescribed by the Secretary.
Refusal or neglect of the person to submit an alcohol, drug, or
intoxicating compound evaluation or
submit to or failure to successfully complete the examination is
grounds for suspension of the person's license or permit under
Section 6-206 of this Act or cancellation of his license or permit under
Section 6-201 of this Act.
(b) The Secretary of State, having issued a driver's license or
permit in error, may upon written notice of at least 5 days to the person,
require the person to appear at a Driver Services facility to have the
license or permit error corrected and a new license or permit issued.
Refusal or neglect of the person to appear is grounds for cancellation of
the person's license or permit under Section 6-201 of this Act.
(c) The Secretary of State, having issued a driver's license or permit to a person who subsequently becomes ineligible to retain that license or permit as currently issued, may, upon written notice of at least 5 days to the person, require the person to appear at a Driver Services facility to have the license or permit corrected and a new license or permit issued.
(d) The Secretary of State, having good cause to believe that a driver's license or permit was issued based on invalid, fictitious, or fraudulent documents, may upon written notice of at least 5 days require the person to appear at a Driver Services facility to present valid documents for verification of identity. Refusal or neglect of the person to appear shall result in cancellation of the person's license or permit. (e) Under 49 C.F.R. 383.73, if the Secretary of State receives credible information that a CLP or CDL was issued and fraud was committed relating to the issuance of the CLP or CDL, the Secretary shall require the CLP or CDL holder to re-submit to all testing required for the issuance of the CLP or CDL (written, pre-trip, skills, and road exams). Upon written notification by the Secretary, the holder shall have 5 days to submit to re-examination. Failure to appear or successfully complete the examination shall result in the cancellation of the CLP or CDL under Section 6-201 of this Act. (Source: P.A. 97-229, eff. 7-28-11; 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).)
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(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of suspension - application after revocation.
(a) Except as otherwise provided by this Code or any other law of this
State, the Secretary of State shall not suspend a driver's license,
permit, or privilege to drive a motor vehicle on the highways for a
period of more than one year.
(b) Any person whose license, permit, or privilege to drive a motor
vehicle on the highways has been revoked shall not be entitled to have
such license, permit, or privilege renewed or restored. However, such
person may, except as provided under subsections (d) and (d-5) of Section 6-205, make
application for a license pursuant to Section 6-106 (i) if the revocation
was
for a cause that
has been removed or (ii) as provided in the following
subparagraphs:
1. Except as provided in subparagraphs 1.3, 1.5, 2, | ||
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1.3. If the person is convicted of a second or | ||
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(A) the person has first been issued a | ||
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(B) the expiration of a continuous period of | ||
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1.5. If the person is convicted of a violation of | ||
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2. If such person is convicted of committing a second | ||
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(A) Section 11-501 of this Code or a similar | ||
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(B) Paragraph (b) of Section 11-401 of this Code | ||
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(C) Section 9-3 of the Criminal Code of 1961 or | ||
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(D) any combination of the above offenses | ||
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then such person may not make application for a license | ||
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2.5. If a person is convicted of a second violation | ||
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3. However, except as provided in subparagraph 4, if | ||
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4. Except as provided in paragraph (1.5) of | ||
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4.5. A bona fide resident of a foreign jurisdiction | ||
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5. The person may not make application for a license | ||
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Notwithstanding any other provision of this Code, all persons referred to
in this paragraph (b) may not have their privileges restored until the
Secretary receives payment of the required reinstatement fee pursuant to
subsection (b) of Section 6-118.
In no event shall the Secretary issue such license
unless and until such person has had a hearing pursuant to this Code and
the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person, that
to grant the privilege of driving a motor vehicle on the highways will
not endanger the public safety or welfare.
(c) (Blank).
(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-642, eff. 7-28-16.)
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(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) Sec. 6-208.1. Period of statutory summary alcohol, other drug,
or intoxicating compound related suspension or revocation. (a) Unless the statutory summary suspension has been rescinded, any
person whose privilege to drive a motor vehicle on the public highways has
been summarily suspended, pursuant to Section 11-501.1, shall not be
eligible for restoration of the privilege until the expiration of: 1. twelve months from the effective date of the | ||
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2. six months from the effective date of the | ||
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3. three years from the effective date of the | ||
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4. one year from the effective date of the summary | ||
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5. (Blank). (b) Following a statutory summary suspension of the privilege to drive a
motor vehicle under Section 11-501.1, driving privileges shall be
restored unless the person is otherwise suspended, revoked, or cancelled by this Code. If
the court has reason to believe that the person's
driving privilege should not be restored, the court shall notify
the Secretary of State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this Code. (c) Driving privileges may not be restored until all applicable
reinstatement fees, as provided by this Code, have been paid to the Secretary
of State and the appropriate entry made to the driver's record. (d) Where a driving privilege has been summarily suspended or revoked under Section
11-501.1 and the person is subsequently convicted of violating Section
11-501, or a similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension or revocation shall be credited toward
the minimum period of revocation of driving privileges imposed pursuant to
Section 6-205. (e) A first offender who refused chemical testing and whose driving privileges were summarily revoked pursuant to Section 11-501.1 shall not be eligible for a monitoring device driving permit, but may make application for reinstatement or for a restricted driving permit after a period of one year has elapsed from the effective date of the revocation. (f) (Blank). (g) (Blank). (h) (Blank). (Source: P.A. 102-982, eff. 7-1-23 .) |
(625 ILCS 5/6-208.2)
Sec. 6-208.2.
Restoration of driving privileges; persons under age 21.
(a) Unless the suspension based upon consumption of alcohol by a minor or
refusal to submit to testing has been rescinded by the Secretary of State in
accordance with item (c)(3) of Section 6-206 of this Code, a person whose
privilege to
drive a motor vehicle on the public highways has been suspended under
Section 11-501.8 is not eligible for restoration of the privilege until
the expiration of:
1. Six months from the effective date of the | ||
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2. Three months from the effective date of the | ||
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3. Two years from the effective date of the | ||
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4. One year from the effective date of the | ||
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(b) Following a suspension of the privilege to drive a motor vehicle under
Section 11-501.8, full driving privileges shall be restored unless the person
is otherwise disqualified by this Code.
(c) Full driving privileges may not be restored until all applicable
reinstatement fees, as provided by this Code, have been paid to the Secretary
of State and the appropriate entry made to the driver's
record.
The Secretary of State may also, as a condition of the reissuance of a
driver's license or permit to an individual under the age of 18 years whose
driving privileges have been suspended pursuant to Section 11-501.8, require
the applicant to participate in a driver remedial education course and be
retested under Section 6-109.
(d) Where a driving privilege has been suspended under Section 11-501.8 and
the person is subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same incident, any period
served on that suspension shall be credited toward the minimum period of
revocation of driving privileges imposed under Section 6-205.
(e) Following a suspension of driving privileges under Section
11-501.8 for a person who has not had his or her driving privileges previously
suspended under that Section, the Secretary of State may
issue a restricted driving permit
after at least 30 days from the effective date of the suspension.
(f) Following a second or subsequent suspension of driving privileges
under Section 11-501.8, the Secretary of State may issue a restricted driving
permit
after at least 12 months from the effective date of the suspension.
(g) (Blank).
(h) Any restricted driving permit considered under this Section is
subject to the provisions of item (e) of Section 11-501.8.
(Source: P.A. 92-248, eff. 8-3-01.)
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(625 ILCS 5/6-209) (from Ch. 95 1/2, par. 6-209)
Sec. 6-209. Notice of Cancellation, Suspension or
Revocation - Surrender and Return of License.
The Secretary of State upon cancelling, suspending or revoking a
license or permit shall immediately notify the holder thereof in writing
and shall require that such license or permit shall be surrendered to
the Secretary of State. However, upon payment of the reinstatement
fee set out in subsection (g) of Section 6-118 at the end of any
period of suspension of a license the licensee, if not ineligible for some
other reason, shall be entitled to reinstatement of driving privileges and may apply for a duplicate driver's license if it has not then expired; or, in case it has
expired, to apply for a new license.
(Source: P.A. 101-185, eff. 1-1-20 .)
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(625 ILCS 5/6-209.1) Sec. 6-209.1. Restoration of driving privileges; revocation; suspension; cancellation. (a) The Secretary shall rescind the suspension or cancellation of a person's driver's license that has been suspended or canceled before July 1, 2020 (the effective date of Public Act 101-623) due to: (1) the person being convicted of theft of motor fuel | ||
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(2) the person, since the issuance of the driver's | ||
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(3) a violation of Section 6-16 of the Liquor Control | ||
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(4) the person being convicted of a violation of | ||
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(5) the person receiving a disposition of court | ||
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(6) the person failing to pay any fine or penalty due | ||
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(7) the person failing to satisfy any fine or penalty | ||
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(8) the person being convicted of a violation of | ||
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(9) the person being convicted of criminal trespass | ||
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(b) As soon as practicable and no later than July 1, 2021, the Secretary shall rescind the suspension, cancellation, or prohibition of renewal of a person's driver's license that has been suspended, canceled, or whose renewal has been prohibited before the effective date of this amendatory Act of the 101st General Assembly due to the person having failed to pay any fine or penalty for traffic violations, automated traffic law enforcement system violations as defined in Sections 11-208.6, and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle fees. (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.) |
(625 ILCS 5/6-210) (from Ch. 95 1/2, par. 6-210)
Sec. 6-210.
No operation under foreign license during suspension or
revocation in this State.
Any resident or nonresident whose drivers license or permit or privilege
to operate a motor vehicle in this State has been suspended or revoked as
provided in this Act shall not operate a motor vehicle in this State:
(1) during the period of such suspension, except as | ||
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(2) after such revocation until a license is obtained | ||
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(Source: P.A. 92-16, eff. 6-28-01.)
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(625 ILCS 5/6-211) (from Ch. 95 1/2, par. 6-211)
Sec. 6-211.
Secretary of State to Administer Act-Notices Required.
(a) The Secretary of State shall administer the provisions of this
Chapter and may make and enforce rules and regulations relating to its
administration.
(b) The Secretary of State shall either provide or prescribe suitable
forms requisite or deemed necessary by him for the purposes of this
Chapter.
(c) Whenever under the provisions of this Chapter the Secretary of State
is required to give notice to any person such notice shall be deemed to
have been served either when personally delivered or when deposited in the
United States mail, in a sealed envelope, with postage prepaid, addressed
to the party affected thereby at his last known residence or place of
business.
(Source: P.A. 76-1586.)
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(625 ILCS 5/6-212) (from Ch. 95 1/2, par. 6-212)
Sec. 6-212.
Court Review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Secretary of State
hereunder.
(Source: P.A. 82-783.)
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(625 ILCS 5/Ch. 6 Art. III heading) ARTICLE III.
VIOLATION OF LICENSE PROVISIONS
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(625 ILCS 5/6-301) (from Ch. 95 1/2, par. 6-301)
Sec. 6-301.
Unlawful use of license or permit.
(a) It is a violation of this Section for any person:
1. To display or cause to be displayed or have in his | ||
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2. To lend his license or permit to any other person | ||
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3. To display or represent as his own any license or | ||
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4. To fail or refuse to surrender to the Secretary of | ||
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5. To allow any unlawful use of a license or permit | ||
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6. To submit to an examination or to obtain the | ||
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(b) Sentence.
1. Any person convicted of a violation of this | ||
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2. Any person convicted of a second or subsequent | ||
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3. In addition to any other sentence imposed under | ||
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(c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(d) This Section does not apply to licenses and permits invalidated under
Section 6-301.3 of this Code.
(Source: P.A. 92-647, eff. 1-1-03; 92-883, eff. 1-13-03.)
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(625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1)
Sec. 6-301.1. Fictitious or unlawfully altered driver's license or
permit.
(a) As used in this Section:
1. "A fictitious driver's license or permit" means | ||
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2. "False information" means: (A) Any information concerning an individual's | ||
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(B) Any photograph that falsifies all or in part | ||
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3. "An unlawfully altered driver's license or permit" | ||
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4. "A document capable of defrauding another" | ||
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5. "An identification document" means any document | ||
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6. "Common carrier" means any public or private | ||
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(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or unlawfully | ||
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2. To knowingly possess, display, or cause to be | ||
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3. To knowingly possess any fictitious or unlawfully | ||
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4. To knowingly possess any fictitious or unlawfully | ||
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5. To knowingly possess any fictitious or unlawfully | ||
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6. To knowingly possess any fictitious or unlawfully | ||
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7. To knowingly issue or assist in the issuance of | ||
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8. To knowingly alter or attempt to alter any | ||
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9. To knowingly manufacture, possess, transfer, or | ||
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10. To knowingly use any fictitious or unlawfully | ||
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11. To knowingly possess any fictitious or unlawfully | ||
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(c) Sentence.
1. Any person convicted of a violation of paragraph 1 | ||
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2. Any person convicted of a violation of paragraph 3 | ||
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3. Any person convicted of a violation of any of | ||
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(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement, or other activity of any agency
of the United States, State of Illinois, or any other state or political
subdivision thereof.
(Source: P.A. 96-1120, eff. 1-1-11.)
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(625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
Sec. 6-301.2. Fraudulent driver's license or permit.
(a) (Blank).
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's | ||
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2. To knowingly possess, display or cause to be | ||
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3. To knowingly possess any fraudulent driver's | ||
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4. To knowingly possess any fraudulent driver's | ||
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5. To knowingly possess any fraudulent driver's | ||
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6. To knowingly possess any fraudulent driver's | ||
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7. To knowingly possess without authority any | ||
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8. To knowingly possess any stolen driver's | ||
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9. To knowingly duplicate, manufacture, sell or | ||
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10. To advertise or distribute any information or | ||
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11. To knowingly use any fraudulent driver's license | ||
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12. To knowingly possess any fraudulent driver's | ||
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(b-1) It is a violation of this Section for any person to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the reading of encrypted language from the bar code or magnetic strip of an official Illinois driver's license issued by the Secretary of State. This subsection (b-1) does not apply if a federal or State law, rule, or regulation requires that the card holder's address be recorded in specified transactions or if the encrypted information is obtained for the detection or possible prosecution of criminal offenses or fraud. If the address information is obtained under this subsection (b-1), it may be used only for the purposes authorized by this subsection (b-1).
(c) Sentence.
1. Any person convicted of a violation of paragraph 1 | ||
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2. Any person convicted of a violation of any of | ||
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3. Any person convicted of a violation of paragraph | ||
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(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(e) The Secretary may request the Attorney General to seek a
restraining order in the circuit court against any person who violates this
Section by advertising fraudulent driver's licenses or permits.
(Source: P.A. 93-667, eff. 3-19-04; 93-895, eff. 1-1-05; 94-239, eff. 1-1-06; 94-930, eff. 6-26-06.)
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(625 ILCS 5/6-301.3)
Sec. 6-301.3. Invalidation of a driver's license or permit.
(a) The Secretary of State may invalidate a driver's license or permit:
(1) when the holder voluntarily surrenders the | ||
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(2) when the Secretary receives a certified court | ||
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(3) upon the death of the holder; or
(4) as the Secretary deems appropriate by | ||
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(b) A driver's license or permit invalidated under this Section shall
nullify the holder's driving privileges. If a license is invalidated under
subdivision (a)(3) of this Section, the actual
license
or permit may be released to a relative
of the decedent; provided, the actual license or permit bears a readily
identifiable designation evidencing invalidation as prescribed by the
Secretary.
(c) If a driver is issued a citation for any violation of this Code or a similar local ordinance and the violation is the proximate cause of the death or Type A injury of another, the prosecuting authority may ask the court to enter an order invalidating the driver's license or permit under paragraph (2) of subsection (a) of this Section. For purposes of this Section, Type A injury has the meaning ascribed in Section 6-108.1 of this Code. (Source: P.A. 98-168, eff. 1-1-14.)
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(625 ILCS 5/6-302) (from Ch. 95 1/2, par. 6-302)
Sec. 6-302. Making false application or affidavit - perjury.
(a) It is a violation of this Section for any person:
1. To display or present any document for the | ||
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2. To accept or allow to be accepted any document | ||
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3. To knowingly make any false affidavit or swear or | ||
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(b) Sentence.
1. Any person convicted of a violation of this | ||
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2. Any person convicted of a second or subsequent | ||
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(c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(Source: P.A. 99-642, eff. 7-28-16.)
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(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit, or privilege to
operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5) or (a-7), any person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such person's driver's
license, permit, or privilege to do so or the privilege to obtain a driver's
license or permit is revoked or suspended as provided by this Code or the law
of another state, except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary
license to drive, or a restricted driving permit issued pursuant to this Code
or under the law of another state, shall be guilty of a Class A misdemeanor.
(a-3) A second or subsequent violation of subsection (a) of this Section is a Class 4 felony if committed by a person whose driving or operation of a motor vehicle is the proximate cause of a motor vehicle crash that causes personal injury or death to another. For purposes of this subsection, a personal injury includes any Type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. (a-5) Any person who violates this Section as provided in subsection (a) while his or her driver's license, permit, or privilege is revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state, is guilty of a Class 4 felony. The person shall be required to undergo a professional evaluation, as provided in Section 11-501 of this Code, to determine if an alcohol, drug, or intoxicating compound problem exists and the extent of the problem, and to undergo the imposition of treatment as appropriate.
(a-7) Any person who violates this Section as provided in subsection (a) while his or her driver's license or privilege to drive is suspended under Section 6-306.5 or 7-702 of this Code shall receive a Uniform Traffic Citation from the law enforcement officer. A person who receives 3 or more Uniform Traffic Citations under this subsection (a-7) without paying any fees associated with the citations shall be guilty of a Class A misdemeanor. (a-10) A person's driver's license, permit, or privilege to obtain a driver's license or permit may be subject to multiple revocations, multiple suspensions, or any combination of both simultaneously. No revocation or suspension shall serve to negate, invalidate, cancel, postpone, or in any way lessen the effect of any other revocation or suspension entered prior or subsequent to any other revocation or suspension. (b) (Blank). (b-1) Except for a person under subsection (a-7) of this Section, upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle during the time when the person's driver's license, permit, or privilege was suspended by the Secretary of State or the driver's licensing administrator of another state, except as specifically allowed by a probationary license, judicial driving permit, restricted driving permit, or monitoring device driving permit, the Secretary shall extend the suspension for the same period of time as the originally imposed suspension unless the suspension has already expired, in which case the Secretary shall be authorized to suspend the person's driving privileges for the same period of time as the originally imposed suspension. (b-2) Except as provided in subsection (b-6) or (a-7), upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle when the person's driver's license, permit, or privilege was revoked by the Secretary of State or the driver's license administrator of any other state, except as specifically allowed by a restricted driving permit issued pursuant to this Code or the law of another state, the Secretary shall not issue a driver's license for an additional period of one year from the date of such conviction indicating such person was operating a vehicle during such period of revocation. (b-3) (Blank).
(b-4) When the Secretary of State receives a report of a conviction of any violation indicating a person was operating a motor vehicle that was not equipped with an ignition interlock device during a time when the person was prohibited from operating a motor vehicle not equipped with such a device, the Secretary shall not issue a driver's license to that person for an additional period of one year from the date of the conviction.
(b-5) Any person convicted of violating this Section shall serve a minimum
term of imprisonment of 30 consecutive days or 300
hours of community service
when the person's driving privilege was revoked or suspended as a result of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state.
The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (b-6) Upon receiving a report of a first conviction of operating a motor vehicle while the person's driver's license, permit, or privilege was revoked where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense, the Secretary shall not issue a driver's license for an additional period of 3 years from the date of such conviction. (c) Except as provided in subsections (c-3) and (c-4), any person convicted of violating this Section shall serve a minimum
term of imprisonment of 10 consecutive days or 30
days of community service
when the person's driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a | ||
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(2) a violation of paragraph (b) of Section 11-401 of | ||
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(3) a statutory summary suspension or revocation | ||
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Such sentence of imprisonment or community service shall not be subject
to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (a-7), (c-5), and (d), any person convicted of a
second violation of this Section shall be ordered by the court to serve a
minimum
of 100 hours of community service. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(c-2) In addition to other penalties imposed under this Section, the
court may impose on any person convicted a fourth time of violating this
Section any of
the following:
(1) Seizure of the license plates of the person's | ||
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(2) Immobilization of the person's vehicle for a | ||
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(c-3) Any person convicted of a violation of this Section during a period of summary suspension imposed pursuant to Section 11-501.1 when the person was eligible for a monitoring device driving permit shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days. (c-4) Any person who has been issued a monitoring device driving permit or a restricted driving permit which requires the person to operate only motor vehicles equipped with an ignition interlock device and who is convicted of a violation of this Section as a result of operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device at the time of the offense shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of
imprisonment, if: (1) the current violation occurred when the person's | ||
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(2) the prior conviction under this Section occurred | ||
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(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court, if: (1) the current violation occurred when the person's | ||
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(2) the prior conviction under this Section occurred | ||
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The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (d-1) Except as provided in subsections (a-7), (d-2), (d-2.5), and (d-3), any
person convicted of
a third or subsequent violation of this Section shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 30 days, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of
imprisonment, if: (1) the current violation occurred while the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-3.5) Any person convicted of a fourth or subsequent violation of this
Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, must serve a mandatory term of
imprisonment, and is eligible for an extended term, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(e) Any person in violation of this Section who is also in violation of
Section 7-601 of this Code relating to mandatory insurance requirements, in
addition to other penalties imposed under this Section, shall have his or her
motor vehicle immediately impounded by the arresting law enforcement officer.
The motor vehicle may be released to any licensed driver upon a showing of
proof of insurance for the vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified copy of the
driving abstract of the defendant shall be admitted as proof of any prior
conviction.
(g) The motor vehicle used in a violation of this Section is subject
to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the
Criminal Code of 2012 if the person's driving privilege was revoked
or suspended as a result of: (1) a violation of Section 11-501 of this Code, a | ||
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(2) a violation of paragraph (b) of Section 11-401 of | ||
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(3) a statutory summary suspension or revocation | ||
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(4) a violation of Section 9-3 of the Criminal Code | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-304) (from Ch. 95 1/2, par. 6-304)
Sec. 6-304.
Permitting unauthorized person to drive.
No person shall cause, authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any highway by any
person who is not authorized hereunder or in violation of any of the
provisions of this Act.
(Source: P.A. 76-1586.)
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(625 ILCS 5/6-304.1) (from Ch. 95 1/2, par. 6-304.1)
Sec. 6-304.1.
Permitting a driver under the influence to operate a motor
vehicle. No person shall knowingly cause, authorize, or permit a motor vehicle
owned by, or under the control of, such person to be driven or operated upon
a highway by anyone who is under the influence of alcohol, other drugs, or
combination thereof. This provision shall not apply to a spouse of the
person who owns or has control of, or a co-owner of, a motor vehicle or to
a bailee for hire.
Any person convicted of violating this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 84-1394.)
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(625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
Sec. 6-305. Renting motor vehicle to another.
(a) No person shall rent a motor vehicle to any other person unless the
latter person, or a driver designated by a nondriver with disabilities and
meeting any minimum age and driver's record requirements that are uniformly
applied by the person renting a motor vehicle, is then duly licensed
hereunder or, in the case of a
nonresident, then duly licensed under the laws of the State or country of
his residence unless the State or country of his residence does not require
that a driver be licensed.
(b) No person shall rent a motor vehicle to another until he has
inspected, including through electronic or digital means, the driver's license of the person to whom the vehicle is to be
rented, or by whom it is to be driven, and verified the license is unexpired
unless, in the case of a
nonresident, the State or country wherein the nonresident resides does not
require that a driver be licensed.
(c) No person shall rent a motorcycle to another unless the latter
person is then duly licensed hereunder as a motorcycle operator, and in the
case of a nonresident, then duly licensed under the laws of the State or
country of his residence, unless the State or country of his residence does
not require that a driver be licensed. (c-1) A rental car company that rents a motor vehicle shall ensure that the renter is provided with an emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries, including the ability to provide the caller with the telephone number of the location from which the vehicle was rented, if requested by the caller. If an owner's manual is not available in the vehicle at the time of the rental, an owner's manual for that vehicle or a similar model shall be accessible by the personnel answering the emergency telephone number for assistance with inquiries about the operation of the vehicle.
(d) (Blank).
(e) (Blank).
(f) Subject to subsection (l), any person who rents a motor vehicle to another shall only
advertise, quote, and charge a rental rate that includes the entire amount
except taxes, a mileage charge, and airport concession charge, if any, which a renter must pay to hire
or lease the vehicle for the period of time to which the rental rate
applies.
The person must provide, on the request of the renter, based on the
available information, an estimated total of the daily rental rate,
including all applicable taxes, fees, and other charges, or an
estimated total rental charge, based on the return date of the vehicle
noted on the rental agreement. Further, if the rental agreement does
not already provide an estimated total rental charge, the following
statement must be included in the rental agreement:
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON | ||
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Such person shall not charge in addition to the rental rate,
taxes, mileage charge, and airport concession charge, if any, any fee which must be paid by the renter
as a condition of hiring or leasing the vehicle, such as, but not limited
to, required fuel or airport surcharges, nor any fee for transporting the
renter to the location where the rented vehicle will be delivered to the
renter. In addition to the rental rate, taxes, mileage charge, and airport concession charge, if any,
such person may charge for an item or service provided in connection with a
particular rental transaction if the renter can avoid incurring the charge by
choosing not to obtain or utilize the optional item or service. Items and
services for which such person may impose an additional charge include, but are
not limited to, optional insurance and accessories requested by the renter,
service charges incident to the renter's optional return of the vehicle to
a location other than the location where the vehicle was hired or leased,
and charges for refueling the vehicle at the conclusion of the rental
transaction in the event the renter did not return the vehicle with as much
fuel as was in the fuel tank at the beginning of the rental. "Airport concession charge" means a charge or fee imposed and collected from a renter to reimburse the motor vehicle rental company for the concession fee it is required to pay to a local government corporate authority or airport authority to rent motor vehicles at the airport facility. The airport concession charge is in addition to any customer facility charge or any other charge.
(f-5) A rental car company that offers a renter the opportunity to use a transponder or other electronic tolling device shall notify the renter of the opportunity to use the device at or before the beginning of the rental agreement. If a vehicle offered by a rental car company is equipped with a transponder or other electronic tolling device and the company fails to notify the renter of the option to use the device, the rental car company shall not: (1) charge a renter a fee of more than $2 each day | ||
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(2) charge a renter a daily fee on any day the renter | ||
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(g) Every person renting a motor vehicle to another shall keep a record
of the registration number of the motor vehicle so rented, the name and
address of the person to whom the vehicle is rented, the number of the
license, if any, of said latter person, and the place
where the license, if any, was issued. Such record may be maintained in an electronic or digital format, and shall be open
to
inspection by any police officer or designated agent of the Secretary of
State.
(h) A person licensed as a new car dealer under Section 5-101 of this
Code shall not be subject to the provisions of this Section regarding the
rental of private passenger motor vehicles when providing, free of charge,
temporary substitute vehicles for customers to operate during a period when
a customer's vehicle, which is either leased or owned by that customer, is
being repaired, serviced, replaced or otherwise made unavailable to the
customer in accordance with an agreement with the licensed new car dealer
or vehicle manufacturer, so long as the customer orally or in writing is
made aware that the temporary substitute vehicle will be covered by his or
her
insurance policy and the customer shall only be liable to the extent of any
amount deductible from such insurance coverage in accordance with the terms
of the policy.
(i) This Section, except the requirements of subsection (g), also applies
to rental agreements of 30 continuous days or less involving a motor
vehicle that was delivered by an out of State person or business to a
renter in this State.
(j) A public airport
may, if approved by its local government corporate authorities or its airport
authority, impose a customer facility charge upon customers of rental car
companies for the purposes of financing, designing, constructing,
operating, and maintaining consolidated car rental facilities and common
use transportation equipment and
facilities,
which are used to transport the customer, connecting consolidated
car rental facilities with other airport facilities.
Notwithstanding
subsection (f) of this
Section, the customer facility charge shall
be collected by the rental car company as a separate charge, and clearly
indicated as
a separate charge
on the rental agreement and invoice.
Facility charges shall be immediately deposited into a trust account
for the benefit of the airport and
remitted at the direction of the airport, but
not more often than once per month.
The charge shall be uniformly calculated on a per-contract or per-day
basis.
Facility charges imposed by the airport may not exceed the reasonable
costs of financing, designing, constructing, operating, and maintaining the
consolidated car rental facilities and common use transportation equipment and
facilities and may not be used for any other purpose.
Notwithstanding any other provision of law, the charges collected
under
this Section are not subject to retailer occupation, sales,
use,
or transaction taxes.
(k) When a rental car company states a rental rate in any of its rate
advertisements, its proprietary computer
reservation systems, or its in-person quotations
intended to apply to
an airport rental, a company that collects from its customers a customer
facility charge for that rental under subsection (j) shall do all of the
following:
(1) Clearly and conspicuously disclose in any radio, | ||
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(2) Clearly and conspicuously disclose in any print | ||
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(3) Clearly and conspicuously disclose the existence | ||
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(4) Clearly and conspicuously display the charge in | ||
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(5) Clearly and conspicuously disclose and separately | ||
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(6) A rental car company that collects from its | ||
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(l) Notwithstanding subsection (f), any person who rents a motor vehicle to another may, in connection with the rental of a motor vehicle to (i) a business renter or (ii) a business program sponsor under the sponsor's business program, do the following: (1) separately quote, by telephone, in person, or by | ||
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(2) separately impose additional charges for the | ||
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(l-5) A person licensed under Section 5-101, 5-101.2, or 5-102 of this Code shall not participate in a rental-purchase agreement vehicle program unless the licensee retains the vehicle in his or her name and retains proof of proper vehicle registration under Chapter 3 of this Code and liability insurance under Section 7-601 of this Code. The licensee shall transfer ownership of the vehicle to the renter within 20 calendar days of the agreed-upon date of completion of the rental-purchase agreement. If the licensee fails to transfer ownership of the vehicle to the renter within the 20 calendar days, then the renter may apply for the vehicle's title to the Secretary of State by providing the Secretary the rental-purchase agreement, an application for title, the required title fee, and any other documentation the Secretary deems necessary to determine ownership of the vehicle. For purposes of this subsection (l-5), "rental-purchase agreement" has the meaning set forth in Section 1 of the Rental-Purchase Agreement Act. (m) As used in this Section: (1) "Additional charges" means charges other than: | ||
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(2) "Business program" means: (A) a contract between a person who rents motor | ||
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(B) a plan, program, or other arrangement | ||
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(3) "Business program sponsor" means any legal | ||
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(4) "Business renter" means any person renting a | ||
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(A) a non-employee member of a not-for-profit | ||
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(B) the purchaser of a voucher or other prepaid | ||
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(C) an individual whose car rental is eligible | ||
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(D) an individual whose car rental is eligible | ||
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(Source: P.A. 100-450, eff. 1-1-18; 100-878, eff. 1-1-19; 101-611, eff. 6-1-20 .)
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(625 ILCS 5/6-305.1) (from Ch. 95 1/2, par. 6-305.1)
Sec. 6-305.1.
Unlawful subleasing of a motor vehicle.
(a) It is unlawful for any person who is not a party to a lease
contract, conditional sale contract, or security agreement which transfers
any right or interest in a motor vehicle to:
(1) obtain or exercise control over a motor vehicle and then sell,
transfer, assign, or lease the motor vehicle to another person without
first obtaining written authorization from the secured creditor, lessor, or
lienholder for the sale, transfer, assignment, or lease if he receives
compensation or other consideration for the sale, transfer, assignment, or
lease of the motor vehicle; or
(2) assist, cause, or arrange the actual or purported sale, transfer,
assignment, or lease of a motor vehicle to another person without first
obtaining written authorization
from the secured creditor, lessor, or lienholder for the sale, transfer,
assignment, or lease if he receives compensation or other consideration for
assisting, causing, or arranging the sale, transfer, assignment, or lease
of the motor vehicle.
(3) this subsection shall not apply to any employee acting upon request of
his employer.
(b) Any person who violates the provisions of this Section is guilty of
a Class A misdemeanor.
(c) Notwithstanding any other remedy or relief to which a person is
entitled, anyone suffering damage as a result of a violation of this
Section may bring an action to recover or obtain actual damages, equitable
relief, including, but not limited to, an injunction or restitution of
money and property, reasonable attorney's fees and costs,
and any other relief the court deems proper.
(Source: P.A. 86-748.)
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(625 ILCS 5/6-305.2)
Sec. 6-305.2. Limited liability for damage.
(a) Damage to private
passenger vehicle. A person who rents a motor vehicle to another may hold
the renter liable for
physical or mechanical damage to the rented motor vehicle that occurs during
the time the motor vehicle is under the rental agreement.
(b) Limits on liability due to theft for a vehicle having an MSRP of $50,000 or less. The total liability of a renter who rents from another a motor vehicle that has an MSRP of $50,000 or less and that is stolen shall be the actual and reasonable costs incurred by the loss due to theft of the rental motor vehicle up to $5,000; provided, however, that if it is established that the renter or authorized driver failed to exercise ordinary care while in possession of the vehicle or that the renter or authorized driver committed or aided and abetted the commission of a theft, then the damages shall be the actual and reasonable costs of the rental vehicle up to its fair market value, as determined by the customary market for the sale of the vehicle.
Beginning
June
1, 2000,
and annually each June 1 thereafter, the maximum amount that may be recovered
from an authorized driver under this subsection (b) shall be increased by $500 above the maximum recovery
allowed immediately prior to June 1 of that year.
(b-5) Limits on liability due to theft for a vehicle having an MSRP of more than $50,000. The total liability of a renter who rents from another a motor vehicle that has an MSRP of more than $50,000 and that is stolen shall be the actual and reasonable cost incurred by the loss due to theft of the rental motor vehicle up to $40,000; provided, however that if it is established that the renter or authorized driver failed to exercise ordinary care while in possession of the vehicle or that the renter or authorized driver committed or aided and abetted the commission of a theft, then the damages shall be the actual and reasonable costs of the rental vehicle up to its fair market value, as determined by the customary market for the sale of the vehicle. The maximum recovery for a motor vehicle with a Manufacturer's Suggested Retail Price (MSRP) of more than $50,000 under this subsection (b-5) shall not exceed $40,000 on the effective date of this amendatory Act of the 99th General Assembly. On October 1, 2016, and for the next 3 years thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $2,500 above the prior year's maximum recovery. On October 1, 2020, and for each year thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $1,000 above the prior year's maximum recovery. (b-10) Beginning on the effective date of this amendatory Act of the 103rd General Assembly and for 6 months after, a person who rents a motor vehicle to another shall provide notice to the renter of the motor vehicle of the changes reflected in this amendatory Act of the 103rd General Assembly. The notice shall be posted in a conspicuous and unobscured place that is separate and apart from any other information. (c) Multiple recoveries prohibited. Any person who rents a motor
vehicle to another may not hold the renter liable for any amounts that the
rental company recovers from any other party.
(d) Repair estimates. A person who rents a motor vehicle to another may
not collect or attempt to collect the amount described in subsection (b) or (b-5) unless
the rental company obtains an estimate from a repair company or an appraiser in
the business of providing such appraisals on the costs of repairing the motor
vehicle, makes a copy of the estimate available upon request to the renter who
may be liable under subsection (a), or the insurer of the renter, and submits a
copy of the estimate with any claim to collect the amount described in
subsection (b) or (b-5). In order to collect the amount described in subsection (b-5), a person renting a motor vehicle to another must also provide the renter's personal insurance company with reasonable notice and an opportunity to inspect damages.
(d-5) In the event of loss due to theft of the rental motor vehicle with a MSRP more than $50,000, the rental company shall provide reasonable notice of the theft to the renter's personal insurance company. (e) Duty to mitigate. A claim against a renter resulting from damage or
loss to a rental vehicle must be reasonably and rationally related to the
actual loss incurred. A rental company shall mitigate damages where possible
and shall not assert or collect any claim for physical damage which exceeds the
actual costs of the repair, including all discounts or price reductions.
(f) No rental company shall require a deposit or an advance charge
against
the credit card of a renter, in any form, for damages to a vehicle which is in
the renter's possession, custody, or control. No rental company shall require
any payment for damage to the rental vehicle, upon the renter's return of the
vehicle in a
damaged condition, until after the cost of the damage to the vehicle and
liability therefor is agreed to between the rental company and renter or is
determined pursuant to law.
(g) If insurance coverage exists under the renter's personal insurance
policy and the coverage is confirmed during regular business hours, the renter
may require that the rental
company must submit any claims to the renter's personal insurance carrier as
the renter's agent. The rental company shall not make any written or oral
representations that it will not present claims or negotiate with the renter's
insurance carrier. For purposes of this Section, confirmation of coverage
includes telephone confirmation from insurance company representatives during
regular business hours. After
confirmation of coverage, the amount of claim shall be resolved between the
insurance carrier and the rental company.
(Source: P.A. 103-520, eff. 1-1-24 .)
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(625 ILCS 5/6-305.3) Sec. 6-305.3. Vehicle license cost recovery fee. (a) As used in this Section: "Motor vehicle rental company" means a person or entity whose primary business is renting motor vehicles to the public for 30 days or less. "Inspect" or "inspection" means a vehicle emissions inspection under Chapter 13C of this Code. "Rental agreement" means an agreement for 30 days or less setting forth the terms and conditions governing the use of a motor vehicle provided by a rental company. "Motor vehicle" means motor vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. "Vehicle license cost recovery fee" or "VLCRF" means a charge that may be separately stated and charged on a rental agreement in a vehicle rental transaction originating in Illinois to recover costs incurred either directly or indirectly by a motor vehicle rental company to license, title, register, and inspect motor vehicles. (b) Motor vehicle rental companies may include a separately stated mandatory surcharge or fee in a rental agreement for vehicle license cost recovery fees (VLCRF) and all applicable taxes. (c) If a motor vehicle rental company includes a VLCRF as separately stated charge in a rental agreement, the amount of the fee must represent the motor vehicle rental company's good-faith estimate of the automobile rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual motor vehicle titling, registration, and inspection costs. (d) If the total amount of the VLCRF collected by a motor vehicle rental company under this Section in any calendar year exceeds the motor vehicle rental company's actual costs to license, title, register, and inspect for that calendar year, the motor vehicle rental company shall do both of the following: (1) Retain the excess amount; and (2) Adjust the estimated average per vehicle titling, | ||
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(e) Nothing in subsection (d) of this Section shall prevent a motor vehicle rental company from making adjustments to the VLCRF during the calendar year.
(Source: P.A. 96-37, eff. 7-13-09; 97-595, eff. 8-26-11.) |
(625 ILCS 5/6-306.3) (from Ch. 95 1/2, par. 6-306.3)
Sec. 6-306.3. (Repealed).
(Source: P.A. 95-310, eff. 1-1-08. Repealed by P.A. 98-870, eff. 1-1-15 .)
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(625 ILCS 5/6-306.4) (from Ch. 95 1/2, par. 6-306.4)
Sec. 6-306.4. (Repealed).
(Source: P.A. 95-310, eff. 1-1-08. Repealed by P.A. 100-674, eff. 1-1-19 .)
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(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.)
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(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 .)
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(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)
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(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 | ||
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(2) A statement that the private tolling authority | ||
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(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 | ||
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(2) the person having already satisfied the fees, | ||
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(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.)
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(625 ILCS 5/6-308) (Text of Section before amendment by P.A. 103-789 ) 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 .) (Text of Section after amendment by P.A. 103-789 ) 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 and, if the clerk of the court elects to establish a system to send text, email, and telephone notifications, may also send notifications to an email address and may send a text message to the person's last known cellular telephone number. If the person does not have a cellular telephone number, the clerk of the court may reach the person by calling the person's last known landline telephone number regarding continued court dates. The notice shall include a statement that a subsequent failure to appear in court could result in a warrant for the defendant's arrest and other significant consequences affecting their driving privileges. If the person does not (i) appear in court on or before the continued court date, (ii) satisfy the charge without a court appearance if allowed by Illinois Supreme Court Rule, or (iii) 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 ex parte judgment of conviction imposing a single assessment, specified in the applicable assessment Schedule 10, 10.5, or 11 for the charged offense, as provided in the Criminal and Traffic Assessment Act, plus a fine allowed by statute. The clerk of the court shall notify the Secretary of State, in a form and manner prescribed by the Secretary, of the court's order. (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. (d) The changes made to this Section by this amendatory Act of the 103rd General Assembly apply to each individual whose license was suspended pursuant to this Section between January 1, 2020 and the effective date of this amendatory Act of the 103rd General Assembly, and the suspension shall be lifted by the Secretary of State without further action by any court. (Source: P.A. 103-789, eff. 1-1-25.) |
(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 .)
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(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 | ||
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(d) maintain bodily injury and property damage | ||
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(e) provide a continuous surety company bond in the | ||
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(f) have the equipment necessary to the giving of | ||
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(g) have and use a business telephone listing for all | ||
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(h) pay to the Secretary of State an application fee | ||
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(i) authorize an investigation to include a | ||
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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 .)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 .)
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(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.)
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(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.)
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(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 | ||
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(c) Pass such examination as the Secretary of State | ||
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(d) Be physically able to operate safely a motor | ||
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(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school | ||
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(g) Pay to the Secretary of State an application and | ||
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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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 .)
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(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 | ||
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(2) Whenever the licensee fails to keep the records | ||
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(3) Whenever the licensee permits fraud or engages in | ||
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(4) Whenever the licensee fails to comply with any | ||
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(5) Whenever the licensee represents himself as an | ||
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(6) Whenever the licensee or any employee or agent of | ||
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(7) Whenever the licensee is convicted of driving | ||
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(8) Whenever a driver training school advertises that | ||
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(Source: P.A. 102-982, eff. 7-1-23 .)
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(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.)
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(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.)
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(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 .)
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(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.)
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(625 ILCS 5/Ch. 6 Art. V heading) ARTICLE V.
COMMERCIAL MOTOR VEHICLE OPERATORS
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(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 | ||
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(B) the number of grams of alcohol per 100 | ||
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(C) the number of grams of alcohol per 67 milliliters | ||
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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 | ||
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(B) a state allows the driver to change his or her | ||
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(C) a state allows the driver to change his or her | ||
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(D) a state removes the CDL privilege from the driver | ||
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(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor | ||
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(i) has a gross combination weight rating or | ||
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(i-5) has a gross vehicle weight rating or gross | ||
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(ii) is designed to transport 16 or more persons, | ||
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(iii) is of any size and is used in transporting | ||
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(B) Pursuant to the interpretation of the Commercial | ||
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(i) recreational vehicles, when operated | ||
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(ii) vehicles owned by or operated under the | ||
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(iii) firefighting, police, and other emergency | ||
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(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 | ||
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(ii) to an individual domiciled in another state | ||
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(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 | ||
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(B) Any other similar law or local ordinance of any | ||
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(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 | ||
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(i) a violation relating to excessive speeding, | ||
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(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local | ||
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(iv) a violation of Section 6-501, relating to | ||
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(v) a violation of paragraph (a) of Section | ||
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(vi) a violation relating to improper or erratic | ||
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(vii) a violation relating to following another | ||
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(viii) a violation relating to texting while | ||
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(ix) a violation relating to the use of a | ||
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(B) any other similar violation of a law or local | ||
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(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 | ||
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(2) Texting does not include: (i) inputting, selecting, or reading information | ||
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(ii) pressing a single button to initiate or | ||
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(iii) using a device capable of performing | ||
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(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 | ||
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(2) dialing or answering a mobile telephone by | ||
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(3) reaching for a mobile telephone in a manner that | ||
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(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.)
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(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 | ||
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(b) disqualifying commercial drivers who have | ||
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(c) strengthening commercial driver licensing and | ||
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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 .)
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(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.)
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(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).)
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(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).)
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(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.)
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(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.)
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(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 | ||
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(2) has lost the privilege to drive a commercial | ||
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(3) has been disqualified from driving a commercial | ||
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(4) has more than one CLP or CDL, except as provided | ||
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(5) is subject to or in violation of an | ||
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(6) does not have a current CLP or CDL or a CLP or | ||
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(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.)
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(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 | ||
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(4) a copy of a medical variance document, if one | ||
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(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 | ||
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(2) Subject to or in violation of an "out-of-service" | ||
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(3) Subject to or in violation of a driver or vehicle | ||
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(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 | ||
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(2) A non-Illinois domiciliary who is properly | ||
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(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.)
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(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 | ||
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(2) a physical description of the driver applicant | ||
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(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 | ||
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(7) proof of citizenship or lawful permanent | ||
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(8) any other information required by the Secretary | ||
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(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 | ||
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(3) within one year prior to the application, have | ||
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(4) have received formal military training in the | ||
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(5) provide the Secretary of State with a general | ||
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(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 | ||
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(2) A CLP holder with a School Bus (S) endorsement is | ||
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(3) A CLP holder with a Tank Vehicle (N) endorsement | ||
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(4) All other federal endorsements are prohibited on | ||
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(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 | ||
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(1.5) Effective July 1, 2014, no person shall be | ||
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(2) Third party testing. The Secretary of State may | ||
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(3)(i) Effective February 7, 2020, unless the person | ||
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(ii) Persons who obtain a CLP before February 7, 2020 | ||
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(iii) Except for persons seeking the H endorsement, | ||
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(iv) The Secretary shall adopt rules to implement | ||
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(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 | ||
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(2) the person has passed a written test, | ||
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(3) the person has demonstrated physical fitness to | ||
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(4) the person has not been convicted of committing | ||
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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 | ||
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(4) the medical examiner's license number and the | ||
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(5) the medical certification status; (6) the expiration date of the medical examiner's | ||
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(7) the existence of any medical variance on the | ||
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(8) any restrictions noted on the medical examiner's | ||
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(9) the date the medical examiner's certificate | ||
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(10) the medical examiner's National Registry of | ||
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(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 | ||
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(4) the medical examiner's license number and the | ||
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(5) the medical certification status; (6) the expiration date of the medical examiner's | ||
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(7) the existence of any medical variance on the | ||
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(8) any restrictions noted on the medical examiner's | ||
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(9) the date the medical examiner's certificate | ||
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(10) the medical examiner's National Registry of | ||
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(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).)
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(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 | ||
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(2) a physical description of the driver applicant | ||
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(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 | ||
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(6.2) proof of citizenship or lawful permanent | ||
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(7) any other information required by the Secretary | ||
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(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).)
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(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).)
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(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).)
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(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 | ||
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(2) the full legal name and the Illinois domiciliary | ||
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(3) a physical description of the person including | ||
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(4) date of birth; (5) the Illinois driver's license number assigned by | ||
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(6) the person's signature; (7) an indicator showing that the CLP was issued by | ||
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(8) the date of issuance and the date of expiration | ||
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(9) the class or type of commercial vehicle or | ||
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(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 | ||
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(1) the full legal name and the Illinois | ||
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(2) a color photograph of the person;
(3) a physical description of the person | ||
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(4) date of birth;
(5) a CDL or file number assigned by the | ||
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(6) the person's signature;
(7) the class or type of commercial vehicle or | ||
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(8) the name of the issuing state;
(9) the issuance and expiration dates of the CDL; | ||
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(10) the restriction code "V" if the driver has | ||
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(a-5) If the CDL is a non-domiciled CDL it must | ||
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(b) Applicant Record Check. Prior to issuing, | ||
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(c) Notification of Commercial Driver's License (CDL) | ||
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(c-5) Change in driver identification information. | ||
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(d) Renewal. Every person applying for a renewal of a | ||
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(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).)
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(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 | ||
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(2) Operating a commercial motor vehicle while the | ||
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(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the | ||
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(ii) Knowingly leaving the scene of a crash while | ||
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(iii) Driving a commercial motor vehicle or, if | ||
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(iv) Driving a commercial motor vehicle while the | ||
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(v) Causing a fatality through the negligent | ||
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As used in this subdivision (a)(3)(v), "motor | ||
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If any of the above violations or refusals occurred | ||
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(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 | ||
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(2) For 2 years upon a second conviction of paragraph | ||
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(3) For 3 years upon a third or subsequent conviction | ||
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(4) For one year upon a first conviction of paragraph | ||
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(5) For 3 years upon a second conviction of paragraph | ||
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(6) For 5 years upon a third or subsequent conviction | ||
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(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a | ||
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(i) For drivers who are not required to always | ||
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(ii) For drivers who are not required to always | ||
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(iii) For drivers who are always required to | ||
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(iv) For all drivers, failing to have sufficient | ||
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(v) For all drivers, failing to obey a traffic | ||
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(vi) For all drivers, failing to negotiate a | ||
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(2) Duration of disqualification for railroad-highway | ||
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(i) First violation. A driver must be | ||
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(ii) Second violation. A driver must be | ||
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(iii) Third or subsequent violation. A driver | ||
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(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.)
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(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 .)
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(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.)
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(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.)
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(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.)
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(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 | ||
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2. Whether, after making the initial stop, the police | ||
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3. Whether the person was verbally warned of the | ||
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4. Whether the person did refuse to submit to or | ||
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5. Whether the person was warned that if the test or | ||
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6. Whether such results could not be used to impose | ||
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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 | ||
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2. Whether, while driving such commercial motor | ||
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3. Whether the person was verbally warned of the | ||
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4. Whether, after being so warned, the person did | ||
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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 .)
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(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 .)
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(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.)
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(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).)
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(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 .)
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(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.)
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(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
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(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 | ||
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2. A Class B misdemeanor if the person has been | ||
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3. A petty offense if the person has been issued a | ||
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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 .)
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