(625 ILCS 5/6-100.5) (Text of Section before amendment by P.A. 103-210 ) Sec. 6-100.5. Issuance of REAL ID compliant and non-compliant driver's licenses. The Secretary of State may issue both REAL ID compliant driver's licenses and non-compliant 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 non-compliant 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. 100-248, eff. 8-22-17.) (Text of Section after amendment by P.A. 103-210 ) 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 .) |
(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) (Text of Section before amendment by P.A. 103-210 ) 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. (Source: P.A. 97-1157, eff. 11-28-13 .) (Text of Section after amendment by P.A. 103-210 ) 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 | ||
| ||
(B) a passport validly issued to the applicant | ||
| ||
(C) a social security card, if the applicant has | ||
| ||
(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.)
|
(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 | ||
| ||
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 | ||
| ||
(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 | ||
| ||
(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; 102-726, 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 | ||
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3. possess a valid driver's license, which has not | ||
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4. successfully pass a first division or second | ||
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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) 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 | ||
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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; 102-1130, 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, | ||
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(2) When a person submits to a blood test at the | ||
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(3) The person tested may have a physician, qualified | ||
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(4) Upon a request of the person who submits to a | ||
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(5) Alcohol concentration means either grams of | ||
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(6) If a driver is receiving medical treatment as a | ||
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(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 .)
|
(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)
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.)
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(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)
(Text of Section before amendment by P.A. 103-210 )
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 upon written request;
(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. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
(Text of Section after amendment by P.A. 103-210 )
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.)
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