IL
Illinois House Bill HB2961

Illinois 2023-2024 Regular Session

Illinois House Bill HB2961 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2961 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes. LRB103 26902 MXP 53266 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2961 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes. LRB103 26902 MXP 53266 b LRB103 26902 MXP 53266 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2961 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
44 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507
55 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
66 Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes.
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1212 1 AN ACT concerning transportation.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Vehicle Code is amended by
1616 5 changing Sections 6-507 and 6-508 as follows:
1717 6 (625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
1818 7 Sec. 6-507. Commercial Driver's License (CDL) or
1919 8 Commercial Learner's Permit (CLP) required.
2020 9 (a) Except as expressly permitted by this UCDLA, or when
2121 10 driving pursuant to the issuance of a commercial learner's
2222 11 permit and accompanied by the holder of a CDL valid for the
2323 12 vehicle being driven; no person shall drive a commercial motor
2424 13 vehicle on the highways without:
2525 14 (1) a CDL in the driver's possession;
2626 15 (2) having obtained a CLP or CDL;
2727 16 (3) the proper class of CLP or CDL or endorsements or
2828 17 both for the specific vehicle group being operated or for
2929 18 the passengers or type of cargo being transported; or
3030 19 (4) a copy of a medical variance document, if one
3131 20 exists, such as an exemption letter or a skill performance
3232 21 evaluation certificate.
3333 22 (a-5) A CLP or CDL holder whose CLP or CDL is held by this
3434 23 State or any other state in the course of enforcement of a
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2961 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
3939 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
4040 625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507
4141 625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
4242 Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes.
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7171 1 motor vehicle traffic code and who has not been convicted of a
7272 2 disqualifying offense under 49 C.F.R. 383.51 based on this
7373 3 enforcement, may drive a CMV while holding a dated receipt for
7474 4 the CLP or CDL.
7575 5 (b) Except as otherwise provided by this Code, no person
7676 6 may drive a commercial motor vehicle on the highways while
7777 7 such person's driving privilege, license, or permit is:
7878 8 (1) Suspended, revoked, cancelled, or subject to
7979 9 disqualification. Any person convicted of violating this
8080 10 provision or a similar provision of this or any other
8181 11 state shall have their driving privileges revoked under
8282 12 paragraph 12 of subsection (a) of Section 6-205 of this
8383 13 Code.
8484 14 (2) Subject to or in violation of an "out-of-service"
8585 15 order. Any person who has been issued a CLP or CDL and is
8686 16 convicted of violating this provision or a similar
8787 17 provision of any other state shall be disqualified from
8888 18 operating a commercial motor vehicle under subsection (i)
8989 19 of Section 6-514 of this Code.
9090 20 (3) Subject to or in violation of a driver or vehicle
9191 21 "out of service" order while operating a vehicle designed
9292 22 to transport 16 or more passengers, including the driver,
9393 23 or transporting hazardous materials required to be
9494 24 placarded. Any person who has been issued a CLP or CDL and
9595 25 is convicted of violating this provision or a similar
9696 26 provision of this or any other state shall be disqualified
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107107 1 from operating a commercial motor vehicle under subsection
108108 2 (i) of Section 6-514 of this Code.
109109 3 (b-3) Except as otherwise provided by this Code, no person
110110 4 may drive a commercial motor vehicle on the highways during a
111111 5 period which the commercial motor vehicle or the motor carrier
112112 6 operation is subject to an "out-of-service" order. Any person
113113 7 who is convicted of violating this provision or a similar
114114 8 provision of any other state shall be disqualified from
115115 9 operating a commercial motor vehicle under subsection (i) of
116116 10 Section 6-514 of this Code.
117117 11 (b-5) Except as otherwise provided by this Code, no person
118118 12 may operate a vehicle designed to transport 16 or more
119119 13 passengers including the driver or hazardous materials of a
120120 14 type or quantity that requires the vehicle to be placarded
121121 15 during a period in which the commercial motor vehicle or the
122122 16 motor carrier operation is subject to an "out-of-service"
123123 17 order. Any person who is convicted of violating this provision
124124 18 or a similar provision of any other state shall be
125125 19 disqualified from operating a commercial motor vehicle under
126126 20 subsection (i) of Section 6-514 of this Code.
127127 21 (c) Pursuant to the options provided to the States by FHWA
128128 22 Docket No. MC-88-8, the driver of any motor vehicle controlled
129129 23 or operated by or for a farmer is waived from the requirements
130130 24 of this Section, when such motor vehicle is being used to
131131 25 transport: agricultural products; implements of husbandry; or
132132 26 farm supplies; to and from a farm, as long as such movement is
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143143 1 not over 150 air miles from the originating farm. This waiver
144144 2 does not apply to the driver of any motor vehicle being used in
145145 3 a common or contract carrier type operation. However, for
146146 4 those drivers of any truck-tractor semitrailer combination or
147147 5 combinations registered under subsection (c) of Section 3-815
148148 6 of this Code, this waiver shall apply only when the driver is a
149149 7 farmer or a member of the farmer's family and the driver is 21
150150 8 years of age or more and has successfully completed any tests
151151 9 the Secretary of State deems necessary.
152152 10 In addition, the farmer or a member of the farmer's family
153153 11 who operates a truck-tractor semitrailer combination or
154154 12 combinations pursuant to this waiver shall be granted all of
155155 13 the rights and shall be subject to all of the duties and
156156 14 restrictions with respect to Sections 6-514 and 6-515 of this
157157 15 Code applicable to the driver who possesses a commercial
158158 16 driver's license issued under this Code, except that the
159159 17 driver shall not be subject to any additional duties or
160160 18 restrictions contained in Part 382 of the Federal Motor
161161 19 Carrier Safety Regulations that are not otherwise imposed
162162 20 under Section 6-514 or 6-515 of this Code.
163163 21 For purposes of this subsection (c), a member of the
164164 22 farmer's family is a natural or in-law spouse, child, parent,
165165 23 or sibling.
166166 24 As required under the Code of Federal Regulations 49 CFR
167167 25 390.39, an operator of a covered farm vehicle, as defined
168168 26 under Section 18b-101 of this Code, is exempt from the
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179179 1 requirements of this Section. However, for drivers of any
180180 2 truck-tractor semitrailer combination or combinations
181181 3 operating as a covered farm vehicle, the driver must
182182 4 successfully complete any tests the Secretary of State deems
183183 5 necessary. When operating any truck-tractor semitrailer
184184 6 combination as a covered farm vehicle, the exemption applies
185185 7 only to persons age 21 or older, if operating the vehicle in
186186 8 interstate driving, and to persons at least 18 years of age, if
187187 9 operating the vehicle in intrastate driving. The Secretary may
188188 10 adopt rules necessary to implement this Section.
189189 11 (c-5) An employee of a township or road district with a
190190 12 population of less than 3,000 operating a vehicle within the
191191 13 boundaries of the township or road district for the purpose of
192192 14 removing snow or ice from a roadway by plowing, sanding, or
193193 15 salting is waived from the requirements of this Section when
194194 16 the employee is needed to operate the vehicle because the
195195 17 employee of the township or road district who ordinarily
196196 18 operates the vehicle and who has a commercial driver's license
197197 19 is unable to operate the vehicle or is in need of additional
198198 20 assistance due to a snow emergency.
199199 21 (c-10) A driver of a commercial motor vehicle used
200200 22 primarily in the transportation of propane winter heating fuel
201201 23 or a driver of a motor vehicle used to respond to a pipeline
202202 24 emergency is waived from the requirements of this Section if
203203 25 such requirements would prevent the driver from responding to
204204 26 an emergency condition requiring immediate response as defined
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215215 1 in 49 C.F.R. Part 390.5.
216216 2 (c-15) A driver of a commercial motor vehicle who hauls
217217 3 harvest goods for a farm is waived from the requirements of
218218 4 this Section when the driver:
219219 5 (1) is the owner or an employee of the farm hauling the
220220 6 harvest goods; and
221221 7 (2) is within a 150-mile radius of the farm hauling
222222 8 the harvest goods.
223223 9 (d) Any person convicted of violating this Section, shall
224224 10 be guilty of a Class A misdemeanor.
225225 11 (e) Any person convicted of violating paragraph (1) of
226226 12 subsection (b) of this Section, shall have all driving
227227 13 privileges revoked by the Secretary of State.
228228 14 (f) This Section shall not apply to:
229229 15 (1) A person who currently holds a valid Illinois
230230 16 driver's license, for the type of vehicle being operated,
231231 17 until the expiration of such license or April 1, 1992,
232232 18 whichever is earlier; or
233233 19 (2) A non-Illinois domiciliary who is properly
234234 20 licensed in another State, until April 1, 1992. A
235235 21 non-Illinois domiciliary, if such domiciliary is properly
236236 22 licensed in another State or foreign jurisdiction, until
237237 23 April 1, 1992.
238238 24 (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and
239239 25 Section 10 of P.A. 99-414 for the effective date of changes
240240 26 made by P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff.
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251251 1 7-22-16.)
252252 2 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
253253 3 Sec. 6-508. Commercial Driver's License (CDL);
254254 4 qualification standards.
255255 5 (a) Testing.
256256 6 (1) General. No person shall be issued an original or
257257 7 renewal CDL unless that person is domiciled in this State
258258 8 or is applying for a non-domiciled CDL under Sections
259259 9 6-509 and 6-510 of this Code. The Secretary shall cause to
260260 10 be administered such tests as the Secretary deems
261261 11 necessary to meet the requirements of 49 CFR Part 383,
262262 12 subparts F, G, H, and J.
263263 13 (1.5) Effective July 1, 2014, no person shall be
264264 14 issued an original CDL or an upgraded CDL that requires a
265265 15 skills test unless that person has held a CLP, for a
266266 16 minimum of 14 calendar days, for the classification of
267267 17 vehicle and endorsement, if any, for which the person is
268268 18 seeking a CDL.
269269 19 (2) Third party testing. The Secretary of State may
270270 20 authorize a "third party tester", pursuant to 49 CFR
271271 21 383.75 and 49 CFR 384.228 and 384.229, to administer the
272272 22 skills test or tests specified by the Federal Motor
273273 23 Carrier Safety Administration pursuant to the Commercial
274274 24 Motor Vehicle Safety Act of 1986 and any appropriate
275275 25 federal rule.
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286286 1 (3)(i) Effective February 7, 2020, unless the person
287287 2 is exempted by 49 CFR 380.603, no person shall be issued an
288288 3 original (first time issuance) CDL, an upgraded CDL or a
289289 4 school bus (S), passenger (P), or hazardous Materials (H)
290290 5 endorsement unless the person has successfully completed
291291 6 entry-level driver training (ELDT) taught by a training
292292 7 provider listed on the federal Training Provider Registry.
293293 8 (ii) Persons who obtain a CLP before February 7, 2020
294294 9 are not required to complete ELDT if the person obtains a
295295 10 CDL before the CLP or renewed CLP expires.
296296 11 (iii) Except for persons seeking the H endorsement,
297297 12 persons must complete the theory and behind-the-wheel
298298 13 (range and public road) portions of ELDT within one year
299299 14 of completing the first portion.
300300 15 (iv) The Secretary shall adopt rules to implement this
301301 16 subsection.
302302 17 (b) Waiver of Skills Test. The Secretary of State may
303303 18 waive the skills test specified in this Section for a driver
304304 19 applicant for a commercial driver license who meets the
305305 20 requirements of 49 CFR 383.77. The Secretary of State shall
306306 21 waive the skills tests specified in this Section for a driver
307307 22 applicant who has military commercial motor vehicle
308308 23 experience, subject to the requirements of 49 CFR 383.77.
309309 24 (b-1) No person shall be issued a CDL unless the person
310310 25 certifies to the Secretary one of the following types of
311311 26 driving operations in which he or she will be engaged:
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322322 1 (1) non-excepted interstate;
323323 2 (2) non-excepted intrastate;
324324 3 (3) excepted interstate; or
325325 4 (4) excepted intrastate.
326326 5 (b-2) (Blank).
327327 6 (b-3) Exemption from new testing requirements for farm
328328 7 vehicles. An individual who operates a commercial driver's
329329 8 license for farm vehicles shall be exempt from new testing
330330 9 requirements if the farm vehicle is used in the State and is
331331 10 used for agricultural purposes.
332332 11 (c) Limitations on issuance of a CDL. A CDL shall not be
333333 12 issued to a person while the person is subject to a
334334 13 disqualification from driving a commercial motor vehicle, or
335335 14 unless otherwise permitted by this Code, while the person's
336336 15 driver's license is suspended, revoked, or cancelled in any
337337 16 state, or any territory or province of Canada; nor may a CLP or
338338 17 CDL be issued to a person who has a CLP or CDL issued by any
339339 18 other state, or foreign jurisdiction, nor may a CDL be issued
340340 19 to a person who has an Illinois CLP unless the person first
341341 20 surrenders all of these licenses or permits. However, a person
342342 21 may hold an Illinois CLP and an Illinois CDL providing the CLP
343343 22 is necessary to train or practice for an endorsement or
344344 23 vehicle classification not present on the current CDL. No CDL
345345 24 shall be issued to or renewed for a person who does not meet
346346 25 the requirement of 49 CFR 391.41(b)(11). The requirement may
347347 26 be met with the aid of a hearing aid.
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358358 1 (c-1) The Secretary may issue a CDL with a school bus
359359 2 driver endorsement to allow a person to drive the type of bus
360360 3 described in subsection (d-5) of Section 6-104 of this Code.
361361 4 The CDL with a school bus driver endorsement may be issued only
362362 5 to a person meeting the following requirements:
363363 6 (1) the person has submitted his or her fingerprints
364364 7 to the Illinois State Police in the form and manner
365365 8 prescribed by the Illinois State Police. These
366366 9 fingerprints shall be checked against the fingerprint
367367 10 records now and hereafter filed in the Illinois State
368368 11 Police and Federal Bureau of Investigation criminal
369369 12 history records databases;
370370 13 (2) the person has passed a written test, administered
371371 14 by the Secretary of State, on charter bus operation,
372372 15 charter bus safety, and certain special traffic laws
373373 16 relating to school buses determined by the Secretary of
374374 17 State to be relevant to charter buses, and submitted to a
375375 18 review of the driver applicant's driving habits by the
376376 19 Secretary of State at the time the written test is given;
377377 20 (3) the person has demonstrated physical fitness to
378378 21 operate school buses by submitting the results of a
379379 22 medical examination, including tests for drug use; and
380380 23 (4) the person has not been convicted of committing or
381381 24 attempting to commit any one or more of the following
382382 25 offenses: (i) those offenses defined in Sections 8-1.2,
383383 26 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
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394394 1 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
395395 2 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
396396 3 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
397397 4 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
398398 5 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
399399 6 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
400400 7 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
401401 8 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
402402 9 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
403403 10 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
404404 11 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
405405 12 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,
406406 13 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
407407 14 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
408408 15 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
409409 16 subsection (b) of Section 8-1, and in subdivisions (a)(1),
410410 17 (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
411411 18 of Section 12-3.05, and in subsection (a) and subsection
412412 19 (b), clause (1), of Section 12-4, and in subsection (A),
413413 20 clauses (a) and (b), of Section 24-3, and those offenses
414414 21 contained in Article 29D of the Criminal Code of 1961 or
415415 22 the Criminal Code of 2012; (ii) those offenses defined in
416416 23 the Cannabis Control Act except those offenses defined in
417417 24 subsections (a) and (b) of Section 4, and subsection (a)
418418 25 of Section 5 of the Cannabis Control Act; (iii) those
419419 26 offenses defined in the Illinois Controlled Substances
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430430 1 Act; (iv) those offenses defined in the Methamphetamine
431431 2 Control and Community Protection Act; (v) any offense
432432 3 committed or attempted in any other state or against the
433433 4 laws of the United States, which if committed or attempted
434434 5 in this State would be punishable as one or more of the
435435 6 foregoing offenses; (vi) the offenses defined in Sections
436436 7 4.1 and 5.1 of the Wrongs to Children Act or Section
437437 8 11-9.1A of the Criminal Code of 1961 or the Criminal Code
438438 9 of 2012; (vii) those offenses defined in Section 6-16 of
439439 10 the Liquor Control Act of 1934; and (viii) those offenses
440440 11 defined in the Methamphetamine Precursor Control Act.
441441 12 The Illinois State Police shall charge a fee for
442442 13 conducting the criminal history records check, which shall be
443443 14 deposited into the State Police Services Fund and may not
444444 15 exceed the actual cost of the records check.
445445 16 (c-2) The Secretary shall issue a CDL with a school bus
446446 17 endorsement to allow a person to drive a school bus as defined
447447 18 in this Section. The CDL shall be issued according to the
448448 19 requirements outlined in 49 CFR 383. A person may not operate a
449449 20 school bus as defined in this Section without a school bus
450450 21 endorsement. The Secretary of State may adopt rules consistent
451451 22 with Federal guidelines to implement this subsection (c-2).
452452 23 (d) (Blank).
453453 24 (Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;
454454 25 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff.
455455 26 5-13-22.)
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461461 HB2961 - 12 - LRB103 26902 MXP 53266 b