[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] |
90_SB0954
625 ILCS 5/6-514 from Ch. 95 1/2, par. 6-514
Amends the Illinois Vehicle Code to provide that if a
person whose disqualification from driving a commercial
vehicle for life was reduced is subsequently convicted of
another disqualifying offense, he or she is permanently
disqualified for life. Effective January 1, 1998.
LRB9003304NTsb
LRB9003304NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-514.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-514 as follows:
7 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
8 Sec. 6-514. Commercial Driver's License (CDL) -
9 Disqualifications.
10 (a) A person shall be disqualified from driving a
11 commercial motor vehicle for a period of not less than 12
12 months for the first violation of:
13 (1) Refusing to submit to or failure to complete a
14 test or tests to determine the driver's blood
15 concentration of alcohol, other drug, or both, while
16 driving a commercial motor vehicle; or
17 (2) Operating a commercial motor vehicle while the
18 alcohol concentration of the person's blood, breath or
19 urine is at least 0.04, or any amount of a drug,
20 substance, or compound in the person's blood or urine
21 resulting from the unlawful use or consumption of
22 cannabis listed in the Cannabis Control Act or a
23 controlled substance listed in the Illinois Controlled
24 Substances Act as indicated by a police officer's sworn
25 report or other verified evidence; or
26 (3) Conviction for a first violation of:
27 (i) Driving a commercial motor vehicle while
28 under the influence of alcohol, or any other drug,
29 or combination of drugs to a degree which renders
30 such person incapable of safely driving; or
31 (ii) Knowingly and wilfully leaving the scene
-2- LRB9003304NTsb
1 of an accident while operating a commercial motor
2 vehicle; or
3 (iii) Driving a commercial motor vehicle while
4 committing any felony.
5 If any of the above violations or refusals occurred
6 while transporting hazardous material(s) required to be
7 placarded, the person shall be disqualified for a period
8 of not less than 3 years.
9 (b) A person is disqualified for life for a second
10 conviction of any of the offenses specified in paragraph (a),
11 or any combination of those offenses, arising from 2 or more
12 separate incidents.
13 (c) A person is disqualified from driving a commercial
14 motor vehicle for life who uses a commercial motor vehicle in
15 the commission of any felony involving the manufacture,
16 distribution, or dispensing of a controlled substance, or
17 possession with intent to manufacture, distribute or dispense
18 a controlled substance.
19 (d) The Secretary of State may, when the United States
20 Secretary of Transportation so authorizes, issue regulations
21 in which a disqualification for life under paragraph (b) may
22 be reduced to a period of not less than 10 years. If a
23 reinstated driver is subsequently convicted of another
24 disqualifying offense, as specified in subsection (a) of this
25 Section, he or she shall be permanently disqualified for life
26 and shall be ineligible to again apply for a reduction of the
27 lifetime disqualification.
28 (e) A person is disqualified from driving a commercial
29 motor vehicle for a period of not less than 2 months if
30 convicted of 2 serious traffic violations, committed in a
31 commercial motor vehicle, arising from separate incidents,
32 occurring within a 3 year period. However, a person will be
33 disqualified from driving a commercial motor vehicle for a
34 period of not less than 4 months if convicted of 3 serious
-3- LRB9003304NTsb
1 traffic violations, committed in a commercial motor vehicle,
2 arising from separate incidents, occurring within a 3 year
3 period.
4 (f) Notwithstanding any other provision of this Code,
5 any driver disqualified from operating a commercial motor
6 vehicle, pursuant to this UCDLA, shall not be eligible for
7 restoration of commercial driving privileges during any such
8 period of disqualification.
9 (g) After suspending, revoking, or cancelling a
10 commercial driver's license, the Secretary of State must
11 update the driver's records to reflect such action within 10
12 days. After suspending or revoking the driving privilege of
13 any person who has been issued a CDL or commercial driver
14 instruction permit from another jurisdiction, the Secretary
15 shall originate notification to such issuing jurisdiction
16 within 10 days.
17 (h) The "disqualifications" referred to in this Section
18 shall not be imposed upon any commercial motor vehicle
19 driver, by the Secretary of State, unless the prohibited
20 action(s) occurred after March 31, 1992.
21 (i) A person is disqualified from driving a commercial
22 motor vehicle in accordance with the following:
23 (1) For 6 months upon a first conviction of
24 paragraph (2) of subsection (b) of Section 6-507 of this
25 Code.
26 (2) For one year upon a second conviction of
27 paragraph (2) of subsection (b) of Section 6-507 of this
28 Code within a 10-year period.
29 (3) For 3 years upon a third or subsequent
30 conviction of paragraph (2) of subsection (b) of Section
31 6-507 of this Code within a 10-year period.
32 (4) For one year upon a first conviction of
33 paragraph (3) of subsection (b) of Section 6-507 of this
34 Code.
-4- LRB9003304NTsb
1 (5) For 3 years upon a second conviction of
2 paragraph (3) of subsection (b) of Section 6-507 of this
3 Code within a 10-year period.
4 (6) For 5 years upon a third or subsequent
5 conviction of paragraph (3) of subsection (b) of Section
6 6-507 of this Code within a 10-year period.
7 (Source: P.A. 88-212; 89-245, eff. 1-1-96.)
8 Section 99. Effective date. This Act takes effect
9 January 1, 1998.