State of Illinois
92nd General Assembly
Legislation

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92_SB1773

 
                                               LRB9215522DHmg

 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Section 6-107 as follows:

 6        (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
 7        Sec. 6-107. Graduated license.
 8        (a)  The purpose of the Graduated  Licensing  Program  is
 9    to   develop   safe  and  mature  driving  habits  in  young,
10    inexperienced drivers and reduce  or  prevent  motor  vehicle
11    accidents, fatalities, and injuries by:
12             (1)  providing  for  an  increase  in  the  time  of
13        practice  period  before  granting permission to obtain a
14        driver's license;
15             (2)  strengthening  driver  licensing  and   testing
16        standards for persons under the age of 21 years;
17             (3)  sanctioning driving privileges of drivers under
18        age  21  who have committed serious traffic violations or
19        other specified offenses; and
20             (4)  setting  stricter  standards  to  promote   the
21        public's health and safety.
22        (b)     The application of any person under the age of 18
23    years, and not legally emancipated by marriage, for a drivers
24    license or permit to operate a motor vehicle issued under the
25    laws of this State,  shall  be  accompanied  by  the  written
26    consent  of  either parent of the applicant; otherwise by the
27    guardian having custody of the applicant,  or  in  the  event
28    there  is  no parent or guardian, then by another responsible
29    adult.
30        No graduated driver's license  shall  be  issued  to  any
31    applicant under 18 years of age, unless the applicant has:

 
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 1             (1)  Held  a  valid instruction permit for a minimum
 2        of 3 months.
 3             (2)  Passed an approved driver education course  and
 4        submits  proof  of  having  passed  the  course as may be
 5        required.
 6             (3)  certification by the parent, legal guardian, or
 7        responsible adult that the applicant has had a minimum of
 8        25  hours  of  behind-the-wheel  practice  time  and   is
 9        sufficiently  prepared and able to safely operate a motor
10        vehicle.
11        (c)  No graduated driver's license  or  permit  shall  be
12    issued  to  any  applicant  under  18  years  of  age who has
13    committed the offense of operating a motor vehicle without  a
14    valid license or permit in violation of Section 6-101 of this
15    Code  and  no  graduated  driver's license or permit shall be
16    issued to any applicant under  18  years  of  age    who  has
17    committed  an  offense  that  would  otherwise  result  in  a
18    mandatory  revocation  of  a license or permit as provided in
19    Section 6-205 of this Code or who has been  either  convicted
20    of  or adjudicated a delinquent based upon a violation of the
21    Cannabis Control Act or the  Illinois  Controlled  Substances
22    Act,  while that individual was in actual physical control of
23    a motor vehicle. For purposes of  this  Section,  any  person
24    placed  on probation under Section 10 of the Cannabis Control
25    Act or Section 410 of the Illinois Controlled Substances  Act
26    shall not be considered convicted. Any person found guilty of
27    this  offense,  while  in  actual physical control of a motor
28    vehicle, shall have an entry made in the court record by  the
29    judge  that  this  offense  did occur while the person was in
30    actual physical control of a  motor  vehicle  and  order  the
31    clerk  of  the court to report the violation to the Secretary
32    of State as such.
33        (d)  No graduated driver's license shall be issued for  6
34    months  to  any  applicant  under the age of 18 years who has
 
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 1    been convicted of any offense defined as  a  serious  traffic
 2    violation  in  this  Code  or  a similar provision of a local
 3    ordinance.
 4        (e)  No graduated driver's license holder under  the  age
 5    of  18  years shall operate any motor vehicle, except a motor
 6    driven cycle or motorcycle, with  more than one passenger  in
 7    the front seat of the motor vehicle and no more passengers in
 8    the back seats than the number of available seat safety belts
 9    as set forth in Section 12-603 of this Code.
10        (f)  No  graduated  driver's license holder under the age
11    of 18 shall operate a motor vehicle unless  each  driver  and
12    front or back seat passenger under the age of 18 is wearing a
13    properly adjusted and fastened seat safety belt.
14        (g)  Except as otherwise provided in this subsection (g),
15    a graduated driver's license holder under the age of 18 years
16    may  not  use  a  cellular  or  other  mobile telephone while
17    driving.  This subsection (g) does  not  apply  to  the  use,
18    while  driving,  of  a cellular or other mobile telephone for
19    the sole purpose of communicating with any of  the  following
20    regarding  an  emergency  situation:  an  emergency telephone
21    system or other service that refers emergency  calls  to  the
22    appropriate  public  safety  agency;  a  hospital, physician,
23    physician's office, or health clinic; an ambulance company; a
24    fire department; or a police department.
25    (Source: P.A. 90-369, eff. 1-1-98.)

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