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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/6-511 (625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
Sec. 6-511. Change of legal name or domiciliary address.
(a) All persons to
whom a CLP or CDL has been issued, shall
notify the Driver Services Department of the
Secretary of
State's Office within 10 days of any change in
domiciliary address.
In addition, the person shall make application for a corrected CLP or CDL within
30 days after the change.
(b) Any person to whom a CLP or CDL has been issued whose legal name has changed
from the name on the previously-issued CLP or CDL shall apply for a corrected card
within 30 days after the change.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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625 ILCS 5/6-512
(625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
Sec. 6-512. Unlawful operation of a commercial motor vehicle
pursuant to a non-Illinois issued CLP or CDL. No person, after becoming a
domiciliary of this State for 30 days or
more, shall drive a commercial motor vehicle on the highways of this State
pursuant to the authority of a CLP or CDL issued by any other State or foreign jurisdiction.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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625 ILCS 5/6-512.5 (625 ILCS 5/6-512.5) Sec. 6-512.5. Commercial Learner's Permit or CLP. (a) The content of the CLP shall include, but is not limited to, the following: (1) A CLP shall be distinctly marked "Commercial | | Learner's Permit" or "CLP" and that it is invalid unless accompanied by the underlying driver's license issued by the State of Illinois;
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| (2) the full legal name and the Illinois domiciliary
| | address (unless it is a non-domiciled CLP) of the person to whom the CLP is issued;
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| (3) a physical description of the person including
| | gender, height, weight, color of eyes, and hair color;
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| (4) date of birth;
(5) the Illinois driver's license number assigned by
| | (6) the person's signature;
(7) an indicator showing that the CLP was issued by
| | (8) the date of issuance and the date of expiration
| | (9) the class or type of commercial vehicle or
| | vehicles which the person is authorized to drive together with any endorsement or restriction.
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| (b) If the CLP is a non-domiciled CLP, it must contain the prominent statement that the permit is a "Non-domiciled Commercial Learner's Permit" or "Non-domiciled CLP".
(c) Applicant Record Check. Prior to issuing, renewing, upgrading, or transferring a CLP, the Secretary of State shall obtain, review, and maintain upon issuance, renewal, upgrade, or transfer the driver applicant's driving record as required by 49 C.F.R. Parts 383 and 384 and the United States Secretary of Transportation.
(d) Notification of Commercial Learner's Permit (CLP) Issuance and Self-Certification. Within 10 days after issuing a CLP, the Secretary of State must notify the Commercial Driver License Information System of that fact, and provide all information required to ensure identification of the person. The Secretary shall also post the driver's self-certification for the type of driving operations to the CDLIS driver record.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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625 ILCS 5/6-513 (625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
Sec. 6-513. Commercial Driver's License or CDL. The content of the CDL
shall include, but is not limited to the following:
(a) A CDL shall be distinctly marked "Commercial | | Driver's License" or "CDL". It must include, but is not limited to, the following information:
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(1) the full legal name and the Illinois
| | domiciliary address (unless it is a non-domiciled CDL) of the person to whom the CDL is issued;
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(2) a color photograph of the person;
(3) a physical description of the person
| | including gender, height, weight, color of eyes, and hair color;
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(4) date of birth;
(5) a CDL or file number assigned by the
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(6) the person's signature;
(7) the class or type of commercial vehicle or
| | vehicles which the person is authorized to drive together with any endorsements or restrictions;
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(8) the name of the issuing state;
(9) the issuance and expiration dates of the CDL;
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(10) the restriction code "V" if the driver has
| | been issued a medical variance.
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| (a-5) If the CDL is a non-domiciled CDL it must
| | contain the prominent statement that the license is a "Non-domiciled Commercial Driver's License" or "Non-domiciled CDL".
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| (b) Applicant Record Check. Prior to issuing,
| | renewing, upgrading, or transferring a CDL, the Secretary of State shall obtain, review, and maintain upon issuance, renewal, upgrade, or transfer the driver applicant's driving record as required by 49 C.F.R. Part 383 and Part 384 and the United States Secretary of Transportation.
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(c) Notification of Commercial Driver's License (CDL)
| | Issuance and Self-Certification. Within 10 days after issuing a CDL, the Secretary of State must notify the Commercial Driver License Information System of that fact, and provide all information required to ensure identification of the person. The Secretary shall also post the driver's self-certification for the type of driving operations to the CDLIS driver record.
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(c-5) Change in driver identification information.
| | Within 10 days of any change of driver identification information on any CDL holder, the Secretary of State must notify the Commercial Driver License Information System of the change.
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| (d) Renewal. Every person applying for a renewal of a
| | CDL must complete the appropriate application form required by this Code and any other test deemed necessary by the Secretary.
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(Source: P.A. 97-208, eff. 1-1-12; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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625 ILCS 5/6-514
(625 ILCS 5/6-514)
Sec. 6-514. Commercial driver's license (CDL); commercial learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a commercial motor
vehicle for a period of not less than 12 months for the first violation of:
(1) Refusing to submit to or failure to complete a | | test or tests to determine the driver's blood concentration of alcohol, other drug, or both while driving a commercial motor vehicle or, if the driver is a CLP or CDL holder, while driving a non-CMV; or
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(2) Operating a commercial motor vehicle while the
| | alcohol concentration of the person's blood, breath, other bodily substance, or urine is at least 0.04, or any amount of a drug, substance, or compound in the person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as indicated by a police officer's sworn report or other verified evidence; or operating a non-commercial motor vehicle while the alcohol concentration of the person's blood, breath, other bodily substance, or urine was above the legal limit defined in Section 11-501.1 or 11-501.8 or any amount of a drug, substance, or compound in the person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as indicated by a police officer's sworn report or other verified evidence while holding a CLP or CDL; or
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(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
| | driver is a CLP or CDL holder, driving a non-CMV while under the influence of alcohol, or any other drug, or combination of drugs to a degree which renders such person incapable of safely driving; or
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(ii) Knowingly leaving the scene of a crash while
| | operating a commercial motor vehicle or, if the driver is a CLP or CDL holder, while driving a non-CMV; or
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(iii) Driving a commercial motor vehicle or, if
| | the driver is a CLP or CDL holder, driving a non-CMV while committing any felony; or
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| (iv) Driving a commercial motor vehicle while the
| | person's driving privileges or driver's license or permit is revoked, suspended, or cancelled or the driver is disqualified from operating a commercial motor vehicle; or
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| (v) Causing a fatality through the negligent
| | operation of a commercial motor vehicle, including but not limited to the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide.
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| As used in this subdivision (a)(3)(v), "motor
| | vehicle manslaughter" means the offense of involuntary manslaughter if committed by means of a vehicle; "homicide by a motor vehicle" means the offense of first degree murder or second degree murder, if either offense is committed by means of a vehicle; and "negligent homicide" means reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 and aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof under subdivision (d)(1)(F) of Section 11-501 of this Code.
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If any of the above violations or refusals occurred
| | while transporting hazardous material(s) required to be placarded, the person shall be disqualified for a period of not less than 3 years; or
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(4) (Blank).
(b) A person is disqualified for life for a second conviction of any of
the offenses specified in paragraph (a), or any combination of those
offenses, arising from 2 or more separate incidents.
(c) A person is disqualified from driving a commercial motor vehicle for
life if the person either (i) uses a commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a controlled
substance, or possession with intent to manufacture, distribute or dispense
a controlled substance or (ii) if the person is a CLP or CDL holder, uses a non-CMV in the commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States Secretary of
Transportation so authorizes, issue regulations in which a disqualification
for life under paragraph (b) may be reduced to a period of not less than 10
years.
If a reinstated driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or she shall be
permanently disqualified for life and shall be ineligible to again apply for a
reduction of the lifetime disqualification.
(e) A person is disqualified from driving a commercial motor vehicle for
a period of not less than 2 months if convicted of 2 serious traffic
violations, committed in a commercial motor vehicle, non-CMV while holding a CLP or CDL, or any combination thereof, arising from separate
incidents, occurring within a 3-year period, provided the serious traffic violation committed in a non-CMV would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges. However, a person will be
disqualified from driving a commercial motor vehicle for a period of not less
than 4 months if convicted of 3 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL, or any combination thereof, arising from separate incidents, occurring within a 3-year period, provided the serious traffic violation committed in a non-CMV would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges. If all the convictions occurred in a non-CMV, the disqualification shall be entered only if the convictions would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any driver
disqualified from operating a commercial motor vehicle, pursuant to this
UCDLA, shall not be eligible for restoration of commercial driving
privileges during any such period of disqualification.
(g) After suspending, revoking, or cancelling a CLP or CDL, the Secretary of State must update the driver's records to reflect
such action within 10 days. After suspending or revoking the driving privilege
of any person who has been issued a CLP or CDL from another jurisdiction, the Secretary shall originate notification to
such issuing jurisdiction within 10 days.
(h) The "disqualifications" referred to in this Section shall not be
imposed upon any commercial motor vehicle driver, by the Secretary of
State, unless the prohibited action(s) occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial motor vehicle in
accordance with the following:
(1) For 6 months upon a first conviction of paragraph
| | (2) of subsection (b) or subsection (b-3) of Section 6-507 of this Code.
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(2) For 2 years upon a second conviction of paragraph
| | (2) of subsection (b) or subsection (b-3) or any combination of paragraphs (2) or (3) of subsection (b) or subsections (b-3) or (b-5) of Section 6-507 of this Code within a 10-year period if the second conviction is a violation of paragraph (2) of subsection (b) or subsection (b-3).
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(3) For 3 years upon a third or subsequent conviction
| | of paragraph (2) of subsection (b) or subsection (b-3) or any combination of paragraphs (2) or (3) of subsection (b) or subsections (b-3) or (b-5) of Section 6-507 of this Code within a 10-year period if the third or subsequent conviction is a violation of paragraph (2) of subsection (b) or subsection (b-3).
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(4) For one year upon a first conviction of paragraph
| | (3) of subsection (b) or subsection (b-5) of Section 6-507 of this Code.
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(5) For 3 years upon a second conviction of paragraph
| | (3) of subsection (b) or subsection (b-5) or any combination of paragraphs (2) or (3) of subsection (b) or subsections (b-3) or (b-5) of Section 6-507 of this Code within a 10-year period if the second conviction is a violation of paragraph (3) of subsection (b) or (b-5).
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(6) For 5 years upon a third or subsequent conviction
| | of paragraph (3) of subsection (b) or subsection (b-5) or any combination of paragraphs (2) or (3) of subsection (b) or subsections (b-3) or (b-5) of Section 6-507 of this Code within a 10-year period if the third or subsequent conviction is a violation of paragraph (3) of subsection (b) or (b-5).
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(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
| | violation of a federal, State, or local law or regulation pertaining to one of the following 6 offenses at a railroad-highway grade crossing must be disqualified from operating a commercial motor vehicle for the period of time specified in paragraph (2) of this subsection (j) if the offense was committed while operating a commercial motor vehicle:
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(i) For drivers who are not required to always
| | stop, failing to slow down and check that the tracks are clear of an approaching train or railroad track equipment, as described in subsection (a-5) of Section 11-1201 of this Code;
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(ii) For drivers who are not required to always
| | stop, failing to stop before reaching the crossing, if the tracks are not clear, as described in subsection (a-1) of Section 11-1201 of this Code;
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(iii) For drivers who are always required to
| | stop, failing to stop before driving onto the crossing, as described in subsection (a-1) of Section 11-1202 of this Code;
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(iv) For all drivers, failing to have sufficient
| | space to drive completely through the crossing without stopping, as described in subsection (b-5) of Section 11-1425 of this Code;
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(v) For all drivers, failing to obey a traffic
| | control device or the directions of an enforcement official at the crossing, as described in subdivision (2) of subsection (a-1) of Section 11-1201 of this Code;
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(vi) For all drivers, failing to negotiate a
| | crossing because of insufficient undercarriage clearance, as described in subsection (d-1) of Section 11-1201 of this Code.
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(2) Duration of disqualification for railroad-highway
| | grade crossing violation.
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(i) First violation. A driver must be
| | disqualified from operating a commercial motor vehicle for not less than 60 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three-year period preceding the conviction, the driver had no convictions for a violation described in paragraph (1) of this subsection (j).
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(ii) Second violation. A driver must be
| | disqualified from operating a commercial motor vehicle for not less than 120 days if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three-year period preceding the conviction, the driver had one other conviction for a violation described in paragraph (1) of this subsection (j) that was committed in a separate incident.
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(iii) Third or subsequent violation. A driver
| | must be disqualified from operating a commercial motor vehicle for not less than one year if the driver is convicted of a violation described in paragraph (1) of this subsection (j) and, in the three-year period preceding the conviction, the driver had 2 or more other convictions for violations described in paragraph (1) of this subsection (j) that were committed in separate incidents.
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(k) Upon notification of a disqualification of a driver's commercial motor vehicle privileges imposed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, in accordance with 49 CFR 383.52, the Secretary of State shall immediately record to the driving record the notice of disqualification and confirm to the driver the action that has been taken.
(l) A foreign commercial driver is subject to disqualification under this Section.
(m) A person shall be disqualified from operating a commercial motor vehicle for life if that individual uses a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of human trafficking, as defined in 22 U.S.C. 7102(11).
(Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-179, eff. 6-30-23.)
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625 ILCS 5/6-515
(625 ILCS 5/6-515) (from Ch. 95 1/2, par. 6-515)
Sec. 6-515.
Prohibitions against a person driving a commercial
motor vehicle while having any alcohol, other drug, or both in such
person's system.
(a) Notwithstanding any other provisions of this Code, a person shall
not drive a commercial motor vehicle while having any alcohol, other drug, or
both in such person's system.
(b) A person who drives a commercial motor vehicle while having any alcohol,
other drug, or both, in such person's system or who refuses to submit to or
fails to complete an alcohol or other drug test or tests pursuant to Section
6-517, as evidenced by the issuance of a Sworn Report by a police officer, must
be placed "out-of-service" for at least 24 hours.
(c) The police officer shall provide the Secretary of State with a copy
of all Sworn Reports issued pursuant to this UCDLA.
(d) The "out-of-service" referred to in this Section shall not be entered to
the record of any Illinois commercial motor vehicle driver, by the
Secretary of State, unless the prohibited action or actions occurred after
March 31, 1992.
(Source: P.A. 88-212.)
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625 ILCS 5/6-516
(625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
Sec. 6-516. Implied consent requirements for commercial motor vehicle
drivers. (a) Effective April 1, 1992, any person who drives a commercial motor
vehicle upon the highways is hereby deemed to have given consent to submit
to a test or tests, subject to the provisions of Section 11-501.2 of this Code,
of such person's breath, blood or urine for the purpose of determining the
presence of alcohol, or other drugs, in such person's system.
(b) A test or tests may be administered at the direction of a law
enforcement officer, who after stopping or detaining the commercial motor
vehicle driver, has probable cause to believe that driver was driving a
commercial motor vehicle while having alcohol or any amount of a drug,
substance, or compound resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in such driver's system.
(c) Effective April 1, 1992, any person who operates a school bus at
the time of a crash involving the school bus is hereby deemed to have
given consent to submit to a test or tests to be administered at the
direction of a law enforcement officer, subject to the provisions of
Section 11-501.2 of this Code, of the driver's breath, blood or urine for
the purpose of determining the presence of alcohol, or other drugs, in the
person's system.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-517
(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
Sec. 6-517. Commercial driver; implied consent warnings.
(a) Any person driving a commercial motor vehicle who is
requested by a police officer, pursuant to Section 6-516, to submit to a
chemical test or tests to determine the alcohol concentration
or any amount of a drug, substance, or compound resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act
in such person's system, must be warned by the police officer
requesting the
test or tests that a refusal to submit to the test or tests will result in that
person being immediately placed out-of-service for a period of 24 hours and
being disqualified from operating a commercial motor vehicle for a period of
not less than 12 months; the person shall also be warned that if
such person
submits to testing which discloses an alcohol concentration of greater than
0.00 but less than 0.04 or any amount of a drug, substance, or compound in
such
person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such person shall be
placed immediately
out-of-service for a period of 24 hours; if the person submits to testing which
discloses an alcohol concentration of 0.04 or more or any amount of a drug,
substance, or compound in such person's blood, other bodily substance, or urine resulting
from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled Substances Act,
an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such
person shall be placed immediately out-of-service and disqualified from driving
a commercial motor vehicle for a period of at least 12 months; also the person
shall be warned that if such testing discloses an alcohol
concentration of 0.08, or more or any amount of a drug, substance,
or compound in such person's
blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, in addition to the person being immediately
placed out-of-service and disqualified for 12 months as provided in this UCDLA,
the results of such testing shall also be admissible in
prosecutions for
violations of Section 11-501 of this Code, or similar violations of local
ordinances, however, such results shall not be used to impose any
driving
sanctions pursuant to Section 11-501.1 of this Code.
The person shall also be warned that any disqualification imposed pursuant
to this Section, shall be for life for any such offense or refusal,
or combination thereof; including a conviction for violating Section 11-501
while driving a commercial motor vehicle, or similar provisions of local
ordinances, committed a second time involving separate incidents.
A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the police officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (b) If the person refuses or fails to complete testing, or submits to a
test which discloses an alcohol concentration of at least 0.04,
or any amount of a drug, substance, or compound in such person's
blood, other bodily substance, or
urine resulting from the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer must
submit a Sworn Report to the Secretary of State, in a form prescribed by
the Secretary, certifying that the test or tests was requested pursuant to
paragraph (a); that the person was warned, as provided in paragraph (a)
and that such person refused to submit to or failed to complete
testing, or
submitted to a test which disclosed an alcohol
concentration of 0.04 or more, or any amount of a drug, substance, or
compound in such person's blood, other bodily substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
(c) The police officer submitting the Sworn Report under this Section
shall serve notice of the CDL disqualification on the person and
such CDL
disqualification shall be effective as provided in paragraph (d). In cases
where the blood alcohol concentration of 0.04 or more,
or any amount of a drug, substance, or
compound in such person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by
subsequent analysis of blood, other bodily substance, or urine collected at the time of the request,
the police officer shall give notice as provided in this Section or by
deposit in the United States mail of such notice as provided in
this
Section or by deposit in the United States mail of such notice in
an
envelope with postage prepaid and addressed to such person's
domiciliary
address as shown on the Sworn Report and the CDL disqualification shall
begin as provided in paragraph (d).
(d) The CDL disqualification referred to in this Section shall take
effect on the 46th day following the date the Sworn Report was given to the
affected person.
(e) Upon receipt of the Sworn Report from the police officer, the
Secretary of State shall disqualify the person from driving any commercial
motor vehicle and shall confirm the CDL disqualification by mailing the
notice of the effective date to the person. However, should the Sworn
Report be defective by not containing sufficient information or be
completed in error, the confirmation of the CDL disqualification shall not
be mailed to the affected person or entered into the record, instead the
Sworn Report shall be forwarded to the issuing
agency identifying any such defect.
(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
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625 ILCS 5/6-518
(625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
Sec. 6-518. Notification of traffic convictions. (a) Within 5 days after
receiving a report of an Illinois conviction, or other verified evidence,
of any driver who has been issued a CLP or CDL by another State or has been issued a foreign commercial driver's license, for a violation
of any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations, committed in any motor vehicle, the Secretary of State must notify the driver
licensing authority which issued such CLP or CDL of said conviction.
(b) Within 5 days after
receiving a report of an Illinois conviction, or other verified evidence,
of any driver from another state who is licensed or unlicensed or holds a foreign non-commercial driver's license, for a violation
of any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Secretary of State must notify the driver
licensing authority which issued the person's driver's license of the conviction.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176); 98-722, eff. 7-16-14.)
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625 ILCS 5/6-519
(625 ILCS 5/6-519) (from Ch. 95 1/2, par. 6-519)
Sec. 6-519. Driving Record Information To Be Furnished. Notwithstanding
any other provision of law to the contrary, the Secretary of State shall
furnish the following information regarding a commercial driver's driving record:
all information on CDLIS driver records to the driver licensing administrator of any other State; all information on CDLIS driver records to the U.S. Department of Transportation; all information on the CDLIS driver record obtained on the CDLIS motor vehicle record to the affected driver or a motor carrier or prospective motor carrier requesting such
information; all information on the CDLIS driver record obtained on the CDLIS motor vehicle record of a current or prospective driver to a motor carrier or prospective motor carrier requesting such information within 10 days of the request; and any other entity or person authorized to receive such
information pursuant to Section 2-123 of this Code.
(Source: P.A. 97-208, eff. 1-1-12.)
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625 ILCS 5/6-520
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service order; hearing.
(a) A disqualification of commercial driving privileges by the Secretary of
State, pursuant to this UCDLA, shall not become effective until the person
is notified in writing, by the Secretary, of the impending disqualification
and advised that a CDL hearing may be requested of the Secretary if the stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification not based upon
a conviction; an out-of-service order; or notification that a CDL
disqualification is forthcoming, the person may make a written petition in
a form, approved by the Secretary of State, for a CDL hearing with the Secretary if the stop or arrest occurred in a commercial motor vehicle. Such
petition must state the grounds upon which the person seeks to have the CDL
disqualification rescinded or the out-of-service order removed from the
person's driving record. Within 10 days after the receipt of such
petition, it shall be reviewed by the Director of the Department of
Administrative Hearings, Office of the Secretary of State, or by an
appointed designee. If it is determined that the petition on its face does
not state grounds upon which the relief may be based, the petition for a
CDL hearing shall be denied and the disqualification shall become effective
as if no petition had been filed and the out-of-service order shall be
sustained. If such petition is so denied, the person may submit another
petition.
(c) The scope of a CDL hearing, for any disqualification imposed
pursuant to paragraphs (1) and (2) of subsection (a) of Section 6-514, resulting from the operation of a commercial motor vehicle, shall
be limited to the following issues:
1. Whether the person was operating a commercial | |
2. Whether, after making the initial stop, the police
| | officer had probable cause to issue a Sworn Report;
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3. Whether the person was verbally warned of the
| | ensuing consequences prior to submitting to any type of chemical test or tests to determine such person's blood concentration of alcohol, other drug, or both;
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4. Whether the person did refuse to submit to or
| | failed to complete the chemical testing or did submit to such test or tests and such test or tests disclosed an alcohol concentration of at least 0.04 or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in the person's system;
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5. Whether the person was warned that if the test or
| | tests disclosed an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such results could be admissible in a subsequent prosecution under Section 11-501 of this Code or similar provision of local ordinances; and
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6. Whether such results could not be used to impose
| | any driver's license sanctions pursuant to Section 11-501.1.
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Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or rescinded.
(d) The scope of a CDL hearing for any out-of-service sanction, imposed
pursuant to Section 6-515, shall be limited to the following issues:
1. Whether the person was driving a commercial motor
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2. Whether, while driving such commercial motor
| | vehicle, the person had alcohol or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in such person's system;
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3. Whether the person was verbally warned of the
| | ensuing consequences prior to being asked to submit to any type of chemical test or tests to determine such person's alcohol, other drug, or both, concentration; and
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4. Whether, after being so warned, the person did
| | refuse to submit to or failed to complete such chemical test or tests or did submit to such test or tests and such test or tests disclosed an alcohol concentration greater than 0.00 or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
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Upon the conclusion of the above CDL hearing, the out-of-service sanction
shall
either be sustained or removed from the person's driving record.
(e) If any person petitions for a hearing relating to any CDL
disqualification based upon a conviction, as defined in this UCDLA, said
hearing shall not be conducted as a CDL hearing, but shall be conducted as
any other driver's license hearing, whether formal or informal, as
promulgated in the rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for the
purposes of this UCDLA, shall be sufficient probable cause for requesting the
driver to submit to a chemical test or tests to determine the presence of
alcohol, other drug, or both in the person's system and the subsequent issuance
of an out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall
mean a hearing before the Office of the Secretary of State in accordance
with Section 2-118 of this Code, for the
purpose of resolving differences or disputes specifically related to the
scope of the issues identified in this Section relating to the operation of a commercial motor vehicle. These proceedings will be
a matter of record and a final appealable order issued. The petition for a
CDL hearing shall not stay or delay the effective date of the impending
disqualification.
(h) The CDL hearing may be conducted upon a review of the police
officer's own official reports; provided however, that the petitioner may
subpoena the officer. Failure of the officer to answer the subpoena shall be
grounds for a continuance.
(i) Any CDL disqualification based upon a statutory summary suspension or revocation resulting from an arrest of a CDL holder while operating a non-commercial motor vehicle, may only be contested by filing a petition to contest the statutory summary suspension or revocation in the appropriate circuit court as provided for in Section 2-118.1 of this Code.
(Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11 .)
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625 ILCS 5/6-521
(625 ILCS 5/6-521)
(from Ch. 95 1/2, par. 6-521)
Sec. 6-521. Rulemaking Authority.
(a) The Secretary of State, using the
authority to license motor vehicle operators under this Code, may adopt
such rules and regulations as may be necessary to establish standards,
policies and procedures for the licensing and sanctioning of commercial
motor vehicle
drivers in order to meet the requirements of the Commercial Motor Vehicle
Act of 1986 (CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 or Part 1572; and administrative and policy decisions of the U.S.
Secretary of
Transportation and the Federal Motor Carrier Safety Administration. The Secretary may,
as provided in the CMVSA, establish stricter requirements for the licensing
of commercial motor vehicle drivers than those established by the federal
government.
(b) By January 1, 1994, the Secretary of State shall establish rules and
regulations for the issuance of a
restricted commercial driver's license
for farm-related service industries
consistent with federal guidelines. The restricted license
shall be available for a seasonal period or periods not to exceed a total of
180 days in any 12 month period.
(c) (Blank).
(d) By July 1, 1995, the Secretary of State shall
establish rules and regulations for the issuance and cancellation
of a School Bus Driver's Permit. The permit shall be required for
the operation of a school bus as provided in subsection (c), a non-restricted
CDL
with passenger endorsement, or a properly classified driver's
license. The permit will establish that the school bus driver has
met all the requirements of the application and screening process
established by Section 6-106.1 of this Code.
(Source: P.A. 98-726, eff. 1-1-15 .)
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625 ILCS 5/6-522
(625 ILCS 5/6-522) (from Ch. 95 1/2, par. 6-522)
Sec. 6-522.
Authority to Enter Agreements.
The Secretary of State may
enter into or make agreements, arrangements, or declarations to carry out
the provisions of this UCDLA.
(Source: P.A. 86-845.)
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625 ILCS 5/6-523
(625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
Sec. 6-523. Reciprocity. (a) Notwithstanding any law to the contrary, a
person may drive a commercial motor vehicle in this State if the person has
a valid CDL, non-domiciled CDL, CLP, or non-domiciled CLP issued by
another State or foreign jurisdiction as long as that person has not been
an established domiciliary of this State for 30 days or more.
(b) The Secretary of State shall give out of state convictions full
faith and credit and treat them for sanctioning purposes, under this UCDLA,
just as if they occurred in this State.
(c) A CLP or CDL issued by this State or any other state before the date on and after which the state is prohibited from issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid until its stated expiration date.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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