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Illinois House Bill HB3149

Illinois 2023-2024 Regular Session

Illinois House Bill HB3149 Compare Versions

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1-Public Act 103-0179
21 HB3149 EnrolledLRB103 30978 MXP 57571 b HB3149 Enrolled LRB103 30978 MXP 57571 b
32 HB3149 Enrolled LRB103 30978 MXP 57571 b
4-AN ACT concerning transportation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Vehicle Code is amended by
8-changing Sections 6-500, 6-507.5, 6-514, 7-315, 7-318,
9-11-1201, 11-1202, and 11-1425 and by adding Section 6-508.5 as
10-follows:
11-(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
12-(Text of Section before amendment by P.A. 102-982)
13-Sec. 6-500. Definitions of words and phrases.
14-Notwithstanding the definitions set forth elsewhere in this
15-Code, for purposes of the Uniform Commercial Driver's License
16-Act (UCDLA), the words and phrases listed below have the
17-meanings ascribed to them as follows:
18-(1) Alcohol. "Alcohol" means any substance containing any
19-form of alcohol, including but not limited to ethanol,
20-methanol, propanol, and isopropanol.
21-(2) Alcohol concentration. "Alcohol concentration" means:
22-(A) the number of grams of alcohol per 210 liters of
23-breath; or
24-(B) the number of grams of alcohol per 100 milliliters
25-of blood; or
26-(C) the number of grams of alcohol per 67 milliliters
3+1 AN ACT concerning transportation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Vehicle Code is amended by
7+5 changing Sections 6-500, 6-507.5, 6-514, 7-315, 7-318,
8+6 11-1201, 11-1202, and 11-1425 and by adding Section 6-508.5 as
9+7 follows:
10+8 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
11+9 (Text of Section before amendment by P.A. 102-982)
12+10 Sec. 6-500. Definitions of words and phrases.
13+11 Notwithstanding the definitions set forth elsewhere in this
14+12 Code, for purposes of the Uniform Commercial Driver's License
15+13 Act (UCDLA), the words and phrases listed below have the
16+14 meanings ascribed to them as follows:
17+15 (1) Alcohol. "Alcohol" means any substance containing any
18+16 form of alcohol, including but not limited to ethanol,
19+17 methanol, propanol, and isopropanol.
20+18 (2) Alcohol concentration. "Alcohol concentration" means:
21+19 (A) the number of grams of alcohol per 210 liters of
22+20 breath; or
23+21 (B) the number of grams of alcohol per 100 milliliters
24+22 of blood; or
25+23 (C) the number of grams of alcohol per 67 milliliters
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33-of urine.
34-Alcohol tests administered within 2 hours of the driver
35-being "stopped or detained" shall be considered that driver's
36-"alcohol concentration" for the purposes of enforcing this
37-UCDLA.
38-(3) (Blank).
39-(4) (Blank).
40-(5) (Blank).
41-(5.3) CDLIS driver record. "CDLIS driver record" means the
42-electronic record of the individual CDL driver's status and
43-history stored by the State-of-Record as part of the
44-Commercial Driver's License Information System, or CDLIS,
45-established under 49 U.S.C. 31309.
46-(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
47-record" or "CDLIS MVR" means a report generated from the CDLIS
48-driver record meeting the requirements for access to CDLIS
49-information and provided by states to users authorized in 49
50-C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
51-Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
52-(5.7) Commercial driver's license downgrade. "Commercial
53-driver's license downgrade" or "CDL downgrade" means either:
54-(A) a state allows the driver to change his or her
55-self-certification to interstate, but operating
56-exclusively in transportation or operation excepted from
57-49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
58-391.2, 391.68, or 398.3;
59-
60-
61-(B) a state allows the driver to change his or her
62-self-certification to intrastate only, if the driver
63-qualifies under that state's physical qualification
64-requirements for intrastate only;
65-(C) a state allows the driver to change his or her
66-certification to intrastate, but operating exclusively in
67-transportation or operations excepted from all or part of
68-the state driver qualification requirements; or
69-(D) a state removes the CDL privilege from the driver
70-license.
71-(6) Commercial Motor Vehicle.
72-(A) "Commercial motor vehicle" or "CMV" means a motor
73-vehicle or combination of motor vehicles used in commerce,
74-except those referred to in subdivision (B), designed to
75-transport passengers or property if the motor vehicle:
76-(i) has a gross combination weight rating or gross
77-combination weight of 11,794 kilograms or more (26,001
78-pounds or more), whichever is greater, inclusive of
79-any towed unit with a gross vehicle weight rating or
80-gross vehicle weight of more than 4,536 kilograms
81-(10,000 pounds), whichever is greater; or
82-(i-5) has a gross vehicle weight rating or gross
83-vehicle weight of 11,794 or more kilograms (26,001
84-pounds or more), whichever is greater; or
85-(ii) is designed to transport 16 or more persons,
86-including the driver; or
87-
88-
89-(iii) is of any size and is used in transporting
90-hazardous materials as defined in 49 C.F.R. 383.5.
91-(B) Pursuant to the interpretation of the Commercial
92-Motor Vehicle Safety Act of 1986 by the Federal Highway
93-Administration, the definition of "commercial motor
94-vehicle" does not include:
95-(i) recreational vehicles, when operated primarily
96-for personal use;
97-(ii) vehicles owned by or operated under the
98-direction of the United States Department of Defense
99-or the United States Coast Guard only when operated by
100-non-civilian personnel. This includes any operator on
101-active military duty; members of the Reserves;
102-National Guard; personnel on part-time training; and
103-National Guard military technicians (civilians who are
104-required to wear military uniforms and are subject to
105-the Code of Military Justice); or
106-(iii) firefighting, police, and other emergency
107-equipment (including, without limitation, equipment
108-owned or operated by a HazMat or technical rescue team
109-authorized by a county board under Section 5-1127 of
110-the Counties Code), with audible and visual signals,
111-owned or operated by or for a governmental entity,
112-which is necessary to the preservation of life or
113-property or the execution of emergency governmental
114-functions which are normally not subject to general
115-
116-
117-traffic rules and regulations.
118-(7) Controlled Substance. "Controlled substance" shall
119-have the same meaning as defined in Section 102 of the Illinois
120-Controlled Substances Act, and shall also include cannabis as
121-defined in Section 3 of the Cannabis Control Act and
122-methamphetamine as defined in Section 10 of the
123-Methamphetamine Control and Community Protection Act.
124-(8) Conviction. "Conviction" means an unvacated
125-adjudication of guilt or a determination that a person has
126-violated or failed to comply with the law in a court of
127-original jurisdiction or by an authorized administrative
128-tribunal; an unvacated revocation of pretrial release; a plea
129-of guilty or nolo contendere accepted by the court; or the
130-payment of a fine or court cost regardless of whether the
131-imposition of sentence is deferred and ultimately a judgment
132-dismissing the underlying charge is entered.
133-(8.5) Day. "Day" means calendar day.
134-(9) (Blank).
135-(10) (Blank).
136-(11) (Blank).
137-(12) (Blank).
138-(13) Driver. "Driver" means any person who drives,
139-operates, or is in physical control of a commercial motor
140-vehicle, any person who is required to hold a CDL, or any
141-person who is a holder of a CDL while operating a
142-non-commercial motor vehicle.
143-
144-
145-(13.5) Driver applicant. "Driver applicant" means an
146-individual who applies to a state or other jurisdiction to
147-obtain, transfer, upgrade, or renew a CDL or to obtain or renew
148-a CLP.
149-(13.6) Drug and alcohol clearinghouse. "Drug and alcohol
150-clearinghouse" means a database system established by the
151-Federal Motor Carrier Safety Administration that permits the
152-access and retrieval of a drug and alcohol testing violation
153-or violations precluding an applicant or employee from
154-occupying safety-sensitive positions involving the operation
155-of a commercial motor vehicle.
156-(13.8) Electronic device. "Electronic device" includes,
157-but is not limited to, a cellular telephone, personal digital
158-assistant, pager, computer, or any other device used to input,
159-write, send, receive, or read text.
160-(14) Employee. "Employee" means a person who is employed
161-as a commercial motor vehicle driver. A person who is
162-self-employed as a commercial motor vehicle driver must comply
163-with the requirements of this UCDLA pertaining to employees.
164-An owner-operator on a long-term lease shall be considered an
165-employee.
166-(15) Employer. "Employer" means a person (including the
167-United States, a State or a local authority) who owns or leases
168-a commercial motor vehicle or assigns employees to operate
169-such a vehicle. A person who is self-employed as a commercial
170-motor vehicle driver must comply with the requirements of this
171-
172-
173-UCDLA.
174-(15.1) Endorsement. "Endorsement" means an authorization
175-to an individual's CLP or CDL required to permit the
176-individual to operate certain types of commercial motor
177-vehicles.
178-(15.2) Entry-level driver training. "Entry-level driver
179-training" means the training an entry-level driver receives
180-from an entity listed on the Federal Motor Carrier Safety
181-Administration's Training Provider Registry prior to: (i)
182-taking the CDL skills test required to receive the Class A or
183-Class B CDL for the first time; (ii) taking the CDL skills test
184-required to upgrade to a Class A or Class B CDL; or (iii)
185-taking the CDL skills test required to obtain a passenger or
186-school bus endorsement for the first time or the CDL knowledge
187-test required to obtain a hazardous materials endorsement for
188-the first time.
189-(15.3) Excepted interstate. "Excepted interstate" means a
190-person who operates or expects to operate in interstate
191-commerce, but engages exclusively in transportation or
192-operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
193-or 398.3 from all or part of the qualification requirements of
194-49 C.F.R. Part 391 and is not required to obtain a medical
195-examiner's certificate by 49 C.F.R. 391.45.
196-(15.5) Excepted intrastate. "Excepted intrastate" means a
197-person who operates in intrastate commerce but engages
198-exclusively in transportation or operations excepted from all
199-
200-
201-or parts of the state driver qualification requirements.
202-(16) (Blank).
203-(16.5) Fatality. "Fatality" means the death of a person as
204-a result of a motor vehicle accident.
205-(16.7) Foreign commercial driver. "Foreign commercial
206-driver" means a person licensed to operate a commercial motor
207-vehicle by an authority outside the United States, or a
208-citizen of a foreign country who operates a commercial motor
209-vehicle in the United States.
210-(17) Foreign jurisdiction. "Foreign jurisdiction" means a
211-sovereign jurisdiction that does not fall within the
212-definition of "State".
213-(18) (Blank).
214-(19) (Blank).
215-(20) Hazardous materials. "Hazardous material" means any
216-material that has been designated under 49 U.S.C. 5103 and is
217-required to be placarded under subpart F of 49 C.F.R. part 172
218-or any quantity of a material listed as a select agent or toxin
219-in 42 C.F.R. part 73.
220-(20.5) Imminent Hazard. "Imminent hazard" means the
221-existence of any condition of a vehicle, employee, or
222-commercial motor vehicle operations that substantially
223-increases the likelihood of serious injury or death if not
224-discontinued immediately; or a condition relating to hazardous
225-material that presents a substantial likelihood that death,
226-serious illness, severe personal injury, or a substantial
227-
228-
229-endangerment to health, property, or the environment may occur
230-before the reasonably foreseeable completion date of a formal
231-proceeding begun to lessen the risk of that death, illness,
232-injury or endangerment.
233-(20.6) Issuance. "Issuance" means initial issuance,
234-transfer, renewal, or upgrade of a CLP or CDL and
235-non-domiciled CLP or CDL.
236-(20.7) Issue. "Issue" means initial issuance, transfer,
237-renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
238-non-domiciled CDL.
239-(21) Long-term lease. "Long-term lease" means a lease of a
240-commercial motor vehicle by the owner-lessor to a lessee, for
241-a period of more than 29 days.
242-(21.01) Manual transmission. "Manual transmission" means a
243-transmission utilizing a driver-operated clutch that is
244-activated by a pedal or lever and a gear-shift mechanism
245-operated either by hand or foot including those known as a
246-stick shift, stick, straight drive, or standard transmission.
247-All other transmissions, whether semi-automatic or automatic,
248-shall be considered automatic for the purposes of the
249-standardized restriction code.
250-(21.1) Medical examiner. "Medical examiner" means an
251-individual certified by the Federal Motor Carrier Safety
252-Administration and listed on the National Registry of
253-Certified Medical Examiners in accordance with Federal Motor
254-Carrier Safety Regulations, 49 CFR 390.101 et seq.
255-
256-
257-(21.2) Medical examiner's certificate. "Medical examiner's
258-certificate" means either (1) prior to June 22, 2021, a
259-document prescribed or approved by the Secretary of State that
260-is issued by a medical examiner to a driver to medically
261-qualify him or her to drive; or (2) beginning June 22, 2021, an
262-electronic submission of results of an examination conducted
263-by a medical examiner listed on the National Registry of
264-Certified Medical Examiners to the Federal Motor Carrier
265-Safety Administration of a driver to medically qualify him or
266-her to drive.
267-(21.5) Medical variance. "Medical variance" means a driver
268-has received one of the following from the Federal Motor
269-Carrier Safety Administration which allows the driver to be
270-issued a medical certificate: (1) an exemption letter
271-permitting operation of a commercial motor vehicle pursuant to
272-49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
273-skill performance evaluation (SPE) certificate permitting
274-operation of a commercial motor vehicle pursuant to 49 C.F.R.
275-391.49.
276-(21.7) Mobile telephone. "Mobile telephone" means a mobile
277-communication device that falls under or uses any commercial
278-mobile radio service, as defined in regulations of the Federal
279-Communications Commission, 47 CFR 20.3. It does not include
280-two-way or citizens band radio services.
281-(22) Motor Vehicle. "Motor vehicle" means every vehicle
282-which is self-propelled, and every vehicle which is propelled
283-
284-
285-by electric power obtained from over head trolley wires but
286-not operated upon rails, except vehicles moved solely by human
287-power and motorized wheel chairs.
288-(22.2) Motor vehicle record. "Motor vehicle record" means
289-a report of the driving status and history of a driver
290-generated from the driver record provided to users, such as
291-drivers or employers, and is subject to the provisions of the
292-Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
293-(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
294-combination of motor vehicles not defined by the term
295-"commercial motor vehicle" or "CMV" in this Section.
296-(22.7) Non-excepted interstate. "Non-excepted interstate"
297-means a person who operates or expects to operate in
298-interstate commerce, is subject to and meets the qualification
299-requirements under 49 C.F.R. Part 391, and is required to
300-obtain a medical examiner's certificate by 49 C.F.R. 391.45.
301-(22.8) Non-excepted intrastate. "Non-excepted intrastate"
302-means a person who operates only in intrastate commerce and is
303-subject to State driver qualification requirements.
304-(23) Non-domiciled CLP or Non-domiciled CDL.
305-"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
306-respectively, issued by a state or other jurisdiction under
307-either of the following two conditions:
308-(i) to an individual domiciled in a foreign country
309-meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
310-of the Federal Motor Carrier Safety Administration.
311-
312-
313-(ii) to an individual domiciled in another state
314-meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
315-of the Federal Motor Carrier Safety Administration.
316-(24) (Blank).
317-(25) (Blank).
318-(25.5) Railroad-Highway Grade Crossing Violation.
319-"Railroad-highway grade crossing violation" means a violation,
320-while operating a commercial motor vehicle, of any of the
321-following:
322-(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
323-(B) Any other similar law or local ordinance of any
324-state relating to railroad-highway grade crossing.
325-(25.7) School Bus. "School bus" means a commercial motor
326-vehicle used to transport pre-primary, primary, or secondary
327-school students from home to school, from school to home, or to
328-and from school-sponsored events. "School bus" does not
329-include a bus used as a common carrier.
330-(26) Serious Traffic Violation. "Serious traffic
331-violation" means:
332-(A) a conviction when operating a commercial motor
333-vehicle, or when operating a non-CMV while holding a CLP
334-or CDL, of:
335-(i) a violation relating to excessive speeding,
336-involving a single speeding charge of 15 miles per
337-hour or more above the legal speed limit; or
338-(ii) a violation relating to reckless driving; or
339-
340-
341-(iii) a violation of any State law or local
342-ordinance relating to motor vehicle traffic control
343-(other than parking violations) arising in connection
344-with a fatal traffic accident; or
345-(iv) a violation of Section 6-501, relating to
346-having multiple driver's licenses; or
347-(v) a violation of paragraph (a) of Section 6-507,
348-relating to the requirement to have a valid CLP or CDL;
349-or
350-(vi) a violation relating to improper or erratic
351-traffic lane changes; or
352-(vii) a violation relating to following another
353-vehicle too closely; or
354-(viii) a violation relating to texting while
355-driving; or
356-(ix) a violation relating to the use of a
357-hand-held mobile telephone while driving; or
358-(B) any other similar violation of a law or local
359-ordinance of any state relating to motor vehicle traffic
360-control, other than a parking violation, which the
361-Secretary of State determines by administrative rule to be
362-serious.
363-(27) State. "State" means a state of the United States,
364-the District of Columbia and any province or territory of
365-Canada.
366-(28) (Blank).
367-
368-
369-(29) (Blank).
370-(30) (Blank).
371-(31) (Blank).
372-(32) Texting. "Texting" means manually entering
373-alphanumeric text into, or reading text from, an electronic
374-device.
375-(1) Texting includes, but is not limited to, short
376-message service, emailing, instant messaging, a command or
377-request to access a World Wide Web page, pressing more
378-than a single button to initiate or terminate a voice
379-communication using a mobile telephone, or engaging in any
380-other form of electronic text retrieval or entry for
381-present or future communication.
382-(2) Texting does not include:
383-(i) inputting, selecting, or reading information
384-on a global positioning system or navigation system;
385-or
386-(ii) pressing a single button to initiate or
387-terminate a voice communication using a mobile
388-telephone; or
389-(iii) using a device capable of performing
390-multiple functions (for example, a fleet management
391-system, dispatching device, smart phone, citizens band
392-radio, or music player) for a purpose that is not
393-otherwise prohibited by Part 392 of the Federal Motor
394-Carrier Safety Regulations.
395-
396-
397-(32.3) Third party skills test examiner. "Third party
398-skills test examiner" means a person employed by a third party
399-tester who is authorized by the State to administer the CDL
400-skills tests specified in 49 C.F.R. Part 383, subparts G and H.
401-(32.5) Third party tester. "Third party tester" means a
402-person (including, but not limited to, another state, a motor
403-carrier, a private driver training facility or other private
404-institution, or a department, agency, or instrumentality of a
405-local government) authorized by the State to employ skills
406-test examiners to administer the CDL skills tests specified in
407-49 C.F.R. Part 383, subparts G and H.
408-(32.7) United States. "United States" means the 50 states
409-and the District of Columbia.
410-(33) Use a hand-held mobile telephone. "Use a hand-held
411-mobile telephone" means:
412-(1) using at least one hand to hold a mobile telephone
413-to conduct a voice communication;
414-(2) dialing or answering a mobile telephone by
415-pressing more than a single button; or
416-(3) reaching for a mobile telephone in a manner that
417-requires a driver to maneuver so that he or she is no
418-longer in a seated driving position, restrained by a seat
419-belt that is installed in accordance with 49 CFR 393.93
420-and adjusted in accordance with the vehicle manufacturer's
421-instructions.
422-(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
423-
424-
425-101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
426-(Text of Section after amendment by P.A. 102-982)
427-Sec. 6-500. Definitions of words and phrases.
428-Notwithstanding the definitions set forth elsewhere in this
429-Code, for purposes of the Uniform Commercial Driver's License
430-Act (UCDLA), the words and phrases listed below have the
431-meanings ascribed to them as follows:
432-(1) Alcohol. "Alcohol" means any substance containing any
433-form of alcohol, including but not limited to ethanol,
434-methanol, propanol, and isopropanol.
435-(2) Alcohol concentration. "Alcohol concentration" means:
436-(A) the number of grams of alcohol per 210 liters of
437-breath; or
438-(B) the number of grams of alcohol per 100 milliliters
439-of blood; or
440-(C) the number of grams of alcohol per 67 milliliters
441-of urine.
442-Alcohol tests administered within 2 hours of the driver
443-being "stopped or detained" shall be considered that driver's
444-"alcohol concentration" for the purposes of enforcing this
445-UCDLA.
446-(3) (Blank).
447-(4) (Blank).
448-(5) (Blank).
449-(5.3) CDLIS driver record. "CDLIS driver record" means the
450-
451-
452-electronic record of the individual CDL driver's status and
453-history stored by the State-of-Record as part of the
454-Commercial Driver's License Information System, or CDLIS,
455-established under 49 U.S.C. 31309.
456-(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
457-record" or "CDLIS MVR" means a report generated from the CDLIS
458-driver record meeting the requirements for access to CDLIS
459-information and provided by states to users authorized in 49
460-C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
461-Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
462-(5.7) Commercial driver's license downgrade. "Commercial
463-driver's license downgrade" or "CDL downgrade" means either:
464-(A) a state allows the driver to change his or her
465-self-certification to interstate, but operating
466-exclusively in transportation or operation excepted from
467-49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
468-391.2, 391.68, or 398.3;
469-(B) a state allows the driver to change his or her
470-self-certification to intrastate only, if the driver
471-qualifies under that state's physical qualification
472-requirements for intrastate only;
473-(C) a state allows the driver to change his or her
474-certification to intrastate, but operating exclusively in
475-transportation or operations excepted from all or part of
476-the state driver qualification requirements; or
477-(D) a state removes the CDL privilege from the driver
478-
479-
480-license.
481-(6) Commercial Motor Vehicle.
482-(A) "Commercial motor vehicle" or "CMV" means a motor
483-vehicle or combination of motor vehicles used in commerce,
484-except those referred to in subdivision (B), designed to
485-transport passengers or property if the motor vehicle:
486-(i) has a gross combination weight rating or gross
487-combination weight of 11,794 kilograms or more (26,001
488-pounds or more), whichever is greater, inclusive of
489-any towed unit with a gross vehicle weight rating or
490-gross vehicle weight of more than 4,536 kilograms
491-(10,000 pounds), whichever is greater; or
492-(i-5) has a gross vehicle weight rating or gross
493-vehicle weight of 11,794 or more kilograms (26,001
494-pounds or more), whichever is greater; or
495-(ii) is designed to transport 16 or more persons,
496-including the driver; or
497-(iii) is of any size and is used in transporting
498-hazardous materials as defined in 49 C.F.R. 383.5.
499-(B) Pursuant to the interpretation of the Commercial
500-Motor Vehicle Safety Act of 1986 by the Federal Highway
501-Administration, the definition of "commercial motor
502-vehicle" does not include:
503-(i) recreational vehicles, when operated primarily
504-for personal use;
505-(ii) vehicles owned by or operated under the
506-
507-
508-direction of the United States Department of Defense
509-or the United States Coast Guard only when operated by
510-non-civilian personnel. This includes any operator on
511-active military duty; members of the Reserves;
512-National Guard; personnel on part-time training; and
513-National Guard military technicians (civilians who are
514-required to wear military uniforms and are subject to
515-the Code of Military Justice); or
516-(iii) firefighting, police, and other emergency
517-equipment (including, without limitation, equipment
518-owned or operated by a HazMat or technical rescue team
519-authorized by a county board under Section 5-1127 of
520-the Counties Code), with audible and visual signals,
521-owned or operated by or for a governmental entity,
522-which is necessary to the preservation of life or
523-property or the execution of emergency governmental
524-functions which are normally not subject to general
525-traffic rules and regulations.
526-(7) Controlled Substance. "Controlled substance" shall
527-have the same meaning as defined in Section 102 of the Illinois
528-Controlled Substances Act, and shall also include cannabis as
529-defined in Section 3 of the Cannabis Control Act and
530-methamphetamine as defined in Section 10 of the
531-Methamphetamine Control and Community Protection Act.
532-(8) Conviction. "Conviction" means an unvacated
533-adjudication of guilt or a determination that a person has
534-
535-
536-violated or failed to comply with the law in a court of
537-original jurisdiction or by an authorized administrative
538-tribunal; an unvacated revocation of pretrial release; a plea
539-of guilty or nolo contendere accepted by the court; or the
540-payment of a fine or court cost regardless of whether the
541-imposition of sentence is deferred and ultimately a judgment
542-dismissing the underlying charge is entered.
543-(8.5) Day. "Day" means calendar day.
544-(9) (Blank).
545-(10) (Blank).
546-(11) (Blank).
547-(12) (Blank).
548-(13) Driver. "Driver" means any person who drives,
549-operates, or is in physical control of a commercial motor
550-vehicle, any person who is required to hold a CDL, or any
551-person who is a holder of a CDL while operating a
552-non-commercial motor vehicle.
553-(13.5) Driver applicant. "Driver applicant" means an
554-individual who applies to a state or other jurisdiction to
555-obtain, transfer, upgrade, or renew a CDL or to obtain or renew
556-a CLP.
557-(13.6) Drug and alcohol clearinghouse. "Drug and alcohol
558-clearinghouse" means a database system established by the
559-Federal Motor Carrier Safety Administration that permits the
560-access and retrieval of a drug and alcohol testing violation
561-or violations precluding an applicant or employee from
562-
563-
564-occupying safety-sensitive positions involving the operation
565-of a commercial motor vehicle.
566-(13.8) Electronic device. "Electronic device" includes,
567-but is not limited to, a cellular telephone, personal digital
568-assistant, pager, computer, or any other device used to input,
569-write, send, receive, or read text.
570-(14) Employee. "Employee" means a person who is employed
571-as a commercial motor vehicle driver. A person who is
572-self-employed as a commercial motor vehicle driver must comply
573-with the requirements of this UCDLA pertaining to employees.
574-An owner-operator on a long-term lease shall be considered an
575-employee.
576-(15) Employer. "Employer" means a person (including the
577-United States, a State or a local authority) who owns or leases
578-a commercial motor vehicle or assigns employees to operate
579-such a vehicle. A person who is self-employed as a commercial
580-motor vehicle driver must comply with the requirements of this
581-UCDLA.
582-(15.1) Endorsement. "Endorsement" means an authorization
583-to an individual's CLP or CDL required to permit the
584-individual to operate certain types of commercial motor
585-vehicles.
586-(15.2) Entry-level driver training. "Entry-level driver
587-training" means the training an entry-level driver receives
588-from an entity listed on the Federal Motor Carrier Safety
589-Administration's Training Provider Registry prior to: (i)
590-
591-
592-taking the CDL skills test required to receive the Class A or
593-Class B CDL for the first time; (ii) taking the CDL skills test
594-required to upgrade to a Class A or Class B CDL; or (iii)
595-taking the CDL skills test required to obtain a passenger or
596-school bus endorsement for the first time or the CDL knowledge
597-test required to obtain a hazardous materials endorsement for
598-the first time.
599-(15.3) Excepted interstate. "Excepted interstate" means a
600-person who operates or expects to operate in interstate
601-commerce, but engages exclusively in transportation or
602-operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
603-or 398.3 from all or part of the qualification requirements of
604-49 C.F.R. Part 391 and is not required to obtain a medical
605-examiner's certificate by 49 C.F.R. 391.45.
606-(15.5) Excepted intrastate. "Excepted intrastate" means a
607-person who operates in intrastate commerce but engages
608-exclusively in transportation or operations excepted from all
609-or parts of the state driver qualification requirements.
610-(16) (Blank).
611-(16.5) Fatality. "Fatality" means the death of a person as
612-a result of a motor vehicle crash.
613-(16.7) Foreign commercial driver. "Foreign commercial
614-driver" means a person licensed to operate a commercial motor
615-vehicle by an authority outside the United States, or a
616-citizen of a foreign country who operates a commercial motor
617-vehicle in the United States.
618-
619-
620-(17) Foreign jurisdiction. "Foreign jurisdiction" means a
621-sovereign jurisdiction that does not fall within the
622-definition of "State".
623-(18) (Blank).
624-(19) (Blank).
625-(20) Hazardous materials. "Hazardous material" means any
626-material that has been designated under 49 U.S.C. 5103 and is
627-required to be placarded under subpart F of 49 C.F.R. part 172
628-or any quantity of a material listed as a select agent or toxin
629-in 42 C.F.R. part 73.
630-(20.5) Imminent Hazard. "Imminent hazard" means the
631-existence of any condition of a vehicle, employee, or
632-commercial motor vehicle operations that substantially
633-increases the likelihood of serious injury or death if not
634-discontinued immediately; or a condition relating to hazardous
635-material that presents a substantial likelihood that death,
636-serious illness, severe personal injury, or a substantial
637-endangerment to health, property, or the environment may occur
638-before the reasonably foreseeable completion date of a formal
639-proceeding begun to lessen the risk of that death, illness,
640-injury or endangerment.
641-(20.6) Issuance. "Issuance" means initial issuance,
642-transfer, renewal, or upgrade of a CLP or CDL and
643-non-domiciled CLP or CDL.
644-(20.7) Issue. "Issue" means initial issuance, transfer,
645-renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
646-
647-
648-non-domiciled CDL.
649-(21) Long-term lease. "Long-term lease" means a lease of a
650-commercial motor vehicle by the owner-lessor to a lessee, for
651-a period of more than 29 days.
652-(21.01) Manual transmission. "Manual transmission" means a
653-transmission utilizing a driver-operated clutch that is
654-activated by a pedal or lever and a gear-shift mechanism
655-operated either by hand or foot including those known as a
656-stick shift, stick, straight drive, or standard transmission.
657-All other transmissions, whether semi-automatic or automatic,
658-shall be considered automatic for the purposes of the
659-standardized restriction code.
660-(21.1) Medical examiner. "Medical examiner" means an
661-individual certified by the Federal Motor Carrier Safety
662-Administration and listed on the National Registry of
663-Certified Medical Examiners in accordance with Federal Motor
664-Carrier Safety Regulations, 49 CFR 390.101 et seq.
665-(21.2) Medical examiner's certificate. "Medical examiner's
666-certificate" means either (1) prior to June 22, 2021, a
667-document prescribed or approved by the Secretary of State that
668-is issued by a medical examiner to a driver to medically
669-qualify him or her to drive; or (2) beginning June 22, 2021, an
670-electronic submission of results of an examination conducted
671-by a medical examiner listed on the National Registry of
672-Certified Medical Examiners to the Federal Motor Carrier
673-Safety Administration of a driver to medically qualify him or
674-
675-
676-her to drive.
677-(21.5) Medical variance. "Medical variance" means a driver
678-has received one of the following from the Federal Motor
679-Carrier Safety Administration which allows the driver to be
680-issued a medical certificate: (1) an exemption letter
681-permitting operation of a commercial motor vehicle pursuant to
682-49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
683-skill performance evaluation (SPE) certificate permitting
684-operation of a commercial motor vehicle pursuant to 49 C.F.R.
685-391.49.
686-(21.7) Mobile telephone. "Mobile telephone" means a mobile
687-communication device that falls under or uses any commercial
688-mobile radio service, as defined in regulations of the Federal
689-Communications Commission, 47 CFR 20.3. It does not include
690-two-way or citizens band radio services.
691-(22) Motor Vehicle. "Motor vehicle" means every vehicle
692-which is self-propelled, and every vehicle which is propelled
693-by electric power obtained from over head trolley wires but
694-not operated upon rails, except vehicles moved solely by human
695-power and motorized wheel chairs.
696-(22.2) Motor vehicle record. "Motor vehicle record" means
697-a report of the driving status and history of a driver
698-generated from the driver record provided to users, such as
699-drivers or employers, and is subject to the provisions of the
700-Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
701-(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
702-
703-
704-combination of motor vehicles not defined by the term
705-"commercial motor vehicle" or "CMV" in this Section.
706-(22.7) Non-excepted interstate. "Non-excepted interstate"
707-means a person who operates or expects to operate in
708-interstate commerce, is subject to and meets the qualification
709-requirements under 49 C.F.R. Part 391, and is required to
710-obtain a medical examiner's certificate by 49 C.F.R. 391.45.
711-(22.8) Non-excepted intrastate. "Non-excepted intrastate"
712-means a person who operates only in intrastate commerce and is
713-subject to State driver qualification requirements.
714-(23) Non-domiciled CLP or Non-domiciled CDL.
715-"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
716-respectively, issued by a state or other jurisdiction under
717-either of the following two conditions:
718-(i) to an individual domiciled in a foreign country
719-meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
720-of the Federal Motor Carrier Safety Administration.
721-(ii) to an individual domiciled in another state
722-meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
723-of the Federal Motor Carrier Safety Administration.
724-(24) (Blank).
725-(25) (Blank).
726-(25.5) Railroad-Highway Grade Crossing Violation.
727-"Railroad-highway grade crossing violation" means a violation,
728-while operating a commercial motor vehicle, of any of the
729-following:
730-
731-
732-(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
733-(B) Any other similar law or local ordinance of any
734-state relating to railroad-highway grade crossing.
735-(25.7) School Bus. "School bus" means a commercial motor
736-vehicle used to transport pre-primary, primary, or secondary
737-school students from home to school, from school to home, or to
738-and from school-sponsored events. "School bus" does not
739-include a bus used as a common carrier.
740-(26) Serious Traffic Violation. "Serious traffic
741-violation" means:
742-(A) a conviction when operating a commercial motor
743-vehicle, or when operating a non-CMV while holding a CLP
744-or CDL, of:
745-(i) a violation relating to excessive speeding,
746-involving a single speeding charge of 15 miles per
747-hour or more above the legal speed limit; or
748-(ii) a violation relating to reckless driving; or
749-(iii) a violation of any State law or local
750-ordinance relating to motor vehicle traffic control
751-(other than parking violations) arising in connection
752-with a fatal traffic crash; or
753-(iv) a violation of Section 6-501, relating to
754-having multiple driver's licenses; or
755-(v) a violation of paragraph (a) of Section 6-507,
756-relating to the requirement to have a valid CLP or CDL;
757-or
758-
759-
760-(vi) a violation relating to improper or erratic
761-traffic lane changes; or
762-(vii) a violation relating to following another
763-vehicle too closely; or
764-(viii) a violation relating to texting while
765-driving; or
766-(ix) a violation relating to the use of a
767-hand-held mobile telephone while driving; or
768-(B) any other similar violation of a law or local
769-ordinance of any state relating to motor vehicle traffic
770-control, other than a parking violation, which the
771-Secretary of State determines by administrative rule to be
772-serious.
773-(27) State. "State" means a state of the United States,
774-the District of Columbia and any province or territory of
775-Canada.
776-(28) (Blank).
777-(29) (Blank).
778-(30) (Blank).
779-(31) (Blank).
780-(32) Texting. "Texting" means manually entering
781-alphanumeric text into, or reading text from, an electronic
782-device.
783-(1) Texting includes, but is not limited to, short
784-message service, emailing, instant messaging, a command or
785-request to access a World Wide Web page, pressing more
786-
787-
788-than a single button to initiate or terminate a voice
789-communication using a mobile telephone, or engaging in any
790-other form of electronic text retrieval or entry for
791-present or future communication.
792-(2) Texting does not include:
793-(i) inputting, selecting, or reading information
794-on a global positioning system or navigation system;
795-or
796-(ii) pressing a single button to initiate or
797-terminate a voice communication using a mobile
798-telephone; or
799-(iii) using a device capable of performing
800-multiple functions (for example, a fleet management
801-system, dispatching device, smart phone, citizens band
802-radio, or music player) for a purpose that is not
803-otherwise prohibited by Part 392 of the Federal Motor
804-Carrier Safety Regulations.
805-(32.3) Third party skills test examiner. "Third party
806-skills test examiner" means a person employed by a third party
807-tester who is authorized by the State to administer the CDL
808-skills tests specified in 49 C.F.R. Part 383, subparts G and H.
809-(32.5) Third party tester. "Third party tester" means a
810-person (including, but not limited to, another state, a motor
811-carrier, a private driver training facility or other private
812-institution, or a department, agency, or instrumentality of a
813-local government) authorized by the State to employ skills
814-
815-
816-test examiners to administer the CDL skills tests specified in
817-49 C.F.R. Part 383, subparts G and H.
818-(32.7) United States. "United States" means the 50 states
819-and the District of Columbia.
820-(33) Use a hand-held mobile telephone. "Use a hand-held
821-mobile telephone" means:
822-(1) using at least one hand to hold a mobile telephone
823-to conduct a voice communication;
824-(2) dialing or answering a mobile telephone by
825-pressing more than a single button; or
826-(3) reaching for a mobile telephone in a manner that
827-requires a driver to maneuver so that he or she is no
828-longer in a seated driving position, restrained by a seat
829-belt that is installed in accordance with 49 CFR 393.93
830-and adjusted in accordance with the vehicle manufacturer's
831-instructions.
832-(Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;
833-102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
834-(625 ILCS 5/6-507.5)
835-Sec. 6-507.5. Application for Commercial Learner's Permit
836-(CLP).
837-(a) The application for a CLP must include, but is not
838-limited to, the following:
839-(1) the driver applicant's full legal name and current
840-Illinois domiciliary address, unless the driver applicant
841-
842-
843-is from a foreign country and is applying for a
844-non-domiciled CLP in which case the driver applicant shall
845-submit proof of Illinois residency or the driver applicant
846-is from another state and is applying for a non-domiciled
847-CLP in which case the driver applicant shall submit proof
848-of domicile in the state which issued the driver
849-applicant's Non-CDL;
850-(2) a physical description of the driver applicant
851-including gender, height, weight, color of eyes, and hair
852-color;
853-(3) date of birth;
854-(4) the driver applicant's social security number;
855-(5) the driver applicant's signature;
856-(6) the names of all states where the driver applicant
857-has previously been licensed to drive any type of motor
858-vehicle during the previous 10 years under 49 C.F.R. Part
859-383;
860-(7) proof of citizenship or lawful permanent residency
861-as set forth in Table 1 of 49 C.F.R. 383.71, unless the
862-driver applicant is from a foreign country and is applying
863-for a non-domiciled CLP, in which case the applicant must
864-provide an unexpired employment authorization document
865-(EAD) issued by USCIS or an unexpired foreign passport
866-accompanied by an approved I-94 form documenting the
867-applicant's most recent admittance into the United States;
868-and
869-
870-
871-(8) any other information required by the Secretary of
872-State.
873-(b) Except as provided in subsection (b-5), no CLP shall
874-be issued to a driver applicant unless the applicant has taken
875-and passed a general knowledge test that meets the federal
876-standards contained in 49 C.F.R. Part 383, subparts F, G, and H
877-for the commercial motor vehicle the applicant expects to
878-operate.
879-(b-5) The Secretary of State may waive the general
880-knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a
881-qualifying driver applicant of a commercial learner's permit.
882-A qualifying driver applicant shall:
883-(1) be a current resident of this State;
884-(2) be a current or former member of the military
885-services, including a member of any reserve component or
886-National Guard unit;
887-(3) within one year prior to the application, have
888-been regularly employed in a military position that
889-requires the operation of large trucks;
890-(4) have received formal military training in the
891-operation of a vehicle similar to the commercial motor
892-vehicle the applicant expects to operate; and
893-(5) provide the Secretary of State with a general
894-knowledge test waiver form signed by the applicant and his
895-or her commanding officer certifying that the applicant
896-qualifies for the general knowledge test waiver.
897-
898-
899-(c) No CLP shall be issued to a driver applicant unless the
900-applicant possesses a valid Illinois driver's license or if
901-the applicant is applying for a non-domiciled CLP under
902-subsection (b) of Section 6-509 of this Code, in which case the
903-driver applicant must possess a valid driver's license from
904-his or her state of domicile.
905-(d) No CLP shall be issued to a person under 18 years of
906-age.
907-(e) No person shall be issued a CLP unless the person
908-certifies to the Secretary one of the following types of
909-driving operations in which he or she will be engaged:
910-(1) non-excepted interstate;
911-(2) non-excepted intrastate;
912-(3) excepted interstate; or
913-(4) excepted intrastate.
914-(f) No person shall be issued a CLP unless the person
915-certifies to the Secretary that he or she is not subject to any
916-disqualification under 49 C.F.R. 383.51, or any license
917-disqualification under State law, and that he or she does not
918-have a driver's license from more than one state or
919-jurisdiction.
920-(g) No CLP shall be issued to a person while the person is
921-subject to a disqualification from driving a commercial motor
922-vehicle, unless otherwise permitted by this Code, while the
923-person's driver's license is suspended, revoked, or cancelled
924-in any state, or any territory or province of Canada; nor may a
925-
926-
927-CLP be issued to a person who has a CLP or CDL issued by any
928-other state or foreign jurisdiction, unless the person
929-surrenders all of these licenses. No CLP shall be issued to or
930-renewed for a person who does not meet the requirement of 49
931-C.F.R. 391.41(b)(11). The requirement may be met with the aid
932-of a hearing aid.
933-(h) No CLP with a Passenger, School Bus or Tank Vehicle
934-endorsement shall be issued to a person unless the driver
935-applicant has taken and passed the knowledge test for each
936-endorsement.
937-(1) A CLP holder with a Passenger (P) endorsement is
938-prohibited from operating a CMV carrying passengers, other
939-than federal or State auditors and inspectors, test
940-examiners, or other trainees, and the CDL holder
941-accompanying the CLP holder as prescribed by subsection
942-(a) of Section 6-507 of this Code. The P endorsement must
943-be class specific.
944-(2) A CLP holder with a School Bus (S) endorsement is
945-prohibited from operating a school bus with passengers
946-other than federal or State auditors and inspectors, test
947-examiners, or other trainees, and the CDL holder
948-accompanying the CLP holder as prescribed by subsection
949-(a) of Section 6-507 of this Code.
950-(3) A CLP holder with a Tank Vehicle (N) endorsement
951-may only operate an empty tank vehicle and is prohibited
952-from operating any tank vehicle that previously contained
953-
954-
955-hazardous material that has not been purged of all
956-residue.
957-(4) All other federal endorsements are prohibited on a
958-CLP.
959-(i) No CLP holder may operate a commercial motor vehicle
960-transporting hazardous material as defined in paragraph (20)
961-of Section 6-500 of this Code.
962-(j) The CLP holder must be accompanied by the holder of a
963-valid CDL who has the proper CDL group and endorsement
964-necessary to operate the CMV. The CDL holder must at all times
965-be physically present in the front seat of the vehicle next to
966-the CLP holder or, in the case of a passenger vehicle, directly
967-behind or in the first row behind the driver and must have the
968-CLP holder under observation and direct supervision.
969-(k) A CLP is valid for 12 months 180 days from the date of
970-issuance. A CLP may be renewed for an additional 180 days
971-without requiring the CLP holder to retake the general and
972-endorsement knowledge tests.
973-(l) A CLP issued prior to July 1, 2014 for a limited time
974-period according to state requirements, shall be considered a
975-valid commercial driver's license for purposes of
976-behind-the-wheel training on public roads or highways.
977-(Source: P.A. 100-223, eff. 8-18-17.)
978-(625 ILCS 5/6-508.5 new)
979-Sec. 6-508.5. Drug and alcohol clearinghouse.
980-
981-
982-(a) No driver who has engaged in conduct prohibited by
983-subpart B of 49 CFR 382 shall perform safety-sensitive
984-functions, including driving a commercial motor vehicle,
985-unless the driver has met the return to duty requirements of
986-subpart O of 49 CFR 40 and, if the driver's CDL or CLP was
987-canceled, has had the CDL or CLP reinstated.
988-(b) By applying for a CDL or CLP, a driver is deemed to
989-have consented to the release of information from the drug and
990-alcohol clearinghouse to the Secretary of State.
991-(c) No later than November 18, 2024, the Secretary shall
992-request information from the drug and alcohol clearinghouse
993-for all applicants applying for an initial, renewal, transfer,
994-or upgraded CDL or CLP. If the Secretary receives notification
995-that pursuant to 49 CFR 382.503 the applicant is prohibited
996-from operating a commercial motor vehicle, the Secretary shall
997-not issue, renew, transfer, or upgrade a CDL or CLP.
998-(d) No later than November 18, 2024, the Secretary must,
999-upon receiving notification from the drug and alcohol
1000-clearinghouse that a holder of a CDL or CLP is prohibited from
1001-operating a commercial motor vehicle, cancel the CDL or CLP.
1002-The cancellation must be completed and recorded on the CDLIS
1003-driver record within 60 days after the State's receipt of such
1004-a notification. Upon notification from the Federal Motor
1005-Carrier Safety Administration that a driver has completed the
1006-return-to-duty process, the Secretary may reinstate the
1007-driver's CDL or CLP privileges.
1008-
1009-
1010-(e) Upon notification from the Federal Motor Carrier
1011-Safety Administration that a violation was entered into the
1012-drug and alcohol clearinghouse erroneously, the Secretary
1013-shall reinstate the driver's CDL or CLP privileges and remove
1014-the cancellation from the driving record.
1015-(625 ILCS 5/6-514)
1016-(Text of Section before amendment by P.A. 102-982)
1017-Sec. 6-514. Commercial driver's license (CDL); commercial
1018-learner's permit (CLP); disqualifications.
1019-(a) A person shall be disqualified from driving a
1020-commercial motor vehicle for a period of not less than 12
1021-months for the first violation of:
1022-(1) Refusing to submit to or failure to complete a
1023-test or tests to determine the driver's blood
1024-concentration of alcohol, other drug, or both while
1025-driving a commercial motor vehicle or, if the driver is a
1026-CLP or CDL holder, while driving a non-CMV; or
1027-(2) Operating a commercial motor vehicle while the
1028-alcohol concentration of the person's blood, breath, other
1029-bodily substance, or urine is at least 0.04, or any amount
1030-of a drug, substance, or compound in the person's blood,
1031-other bodily substance, or urine resulting from the
1032-unlawful use or consumption of cannabis listed in the
1033-Cannabis Control Act, a controlled substance listed in the
1034-Illinois Controlled Substances Act, or methamphetamine as
1035-
1036-
1037-listed in the Methamphetamine Control and Community
1038-Protection Act as indicated by a police officer's sworn
1039-report or other verified evidence; or operating a
1040-non-commercial motor vehicle while the alcohol
1041-concentration of the person's blood, breath, other bodily
1042-substance, or urine was above the legal limit defined in
1043-Section 11-501.1 or 11-501.8 or any amount of a drug,
1044-substance, or compound in the person's blood, other bodily
1045-substance, or urine resulting from the unlawful use or
1046-consumption of cannabis listed in the Cannabis Control
1047-Act, a controlled substance listed in the Illinois
1048-Controlled Substances Act, or methamphetamine as listed in
1049-the Methamphetamine Control and Community Protection Act
1050-as indicated by a police officer's sworn report or other
1051-verified evidence while holding a CLP or CDL; or
1052-(3) Conviction for a first violation of:
1053-(i) Driving a commercial motor vehicle or, if the
1054-driver is a CLP or CDL holder, driving a non-CMV while
1055-under the influence of alcohol, or any other drug, or
1056-combination of drugs to a degree which renders such
1057-person incapable of safely driving; or
1058-(ii) Knowingly leaving the scene of an accident
1059-while operating a commercial motor vehicle or, if the
1060-driver is a CLP or CDL holder, while driving a non-CMV;
1061-or
1062-(iii) Driving a commercial motor vehicle or, if
1063-
1064-
1065-the driver is a CLP or CDL holder, driving a non-CMV
1066-while committing any felony; or
1067-(iv) Driving a commercial motor vehicle while the
1068-person's driving privileges or driver's license or
1069-permit is revoked, suspended, or cancelled or the
1070-driver is disqualified from operating a commercial
1071-motor vehicle; or
1072-(v) Causing a fatality through the negligent
1073-operation of a commercial motor vehicle, including but
1074-not limited to the crimes of motor vehicle
1075-manslaughter, homicide by a motor vehicle, and
1076-negligent homicide.
1077-As used in this subdivision (a)(3)(v), "motor
1078-vehicle manslaughter" means the offense of involuntary
1079-manslaughter if committed by means of a vehicle;
1080-"homicide by a motor vehicle" means the offense of
1081-first degree murder or second degree murder, if either
1082-offense is committed by means of a vehicle; and
1083-"negligent homicide" means reckless homicide under
1084-Section 9-3 of the Criminal Code of 1961 or the
1085-Criminal Code of 2012 and aggravated driving under the
1086-influence of alcohol, other drug or drugs,
1087-intoxicating compound or compounds, or any combination
1088-thereof under subdivision (d)(1)(F) of Section 11-501
1089-of this Code.
1090-If any of the above violations or refusals occurred
1091-
1092-
1093-while transporting hazardous material(s) required to be
1094-placarded, the person shall be disqualified for a period
1095-of not less than 3 years; or
1096-(4) (Blank).
1097-(b) A person is disqualified for life for a second
1098-conviction of any of the offenses specified in paragraph (a),
1099-or any combination of those offenses, arising from 2 or more
1100-separate incidents.
1101-(c) A person is disqualified from driving a commercial
1102-motor vehicle for life if the person either (i) uses a
1103-commercial motor vehicle in the commission of any felony
1104-involving the manufacture, distribution, or dispensing of a
1105-controlled substance, or possession with intent to
1106-manufacture, distribute or dispense a controlled substance or
1107-(ii) if the person is a CLP or CDL holder, uses a non-CMV in
1108-the commission of a felony involving any of those activities.
1109-(d) The Secretary of State may, when the United States
1110-Secretary of Transportation so authorizes, issue regulations
1111-in which a disqualification for life under paragraph (b) may
1112-be reduced to a period of not less than 10 years. If a
1113-reinstated driver is subsequently convicted of another
1114-disqualifying offense, as specified in subsection (a) of this
1115-Section, he or she shall be permanently disqualified for life
1116-and shall be ineligible to again apply for a reduction of the
1117-lifetime disqualification.
1118-(e) A person is disqualified from driving a commercial
1119-
1120-
1121-motor vehicle for a period of not less than 2 months if
1122-convicted of 2 serious traffic violations, committed in a
1123-commercial motor vehicle, non-CMV while holding a CLP or CDL,
1124-or any combination thereof, arising from separate incidents,
1125-occurring within a 3-year period, provided the serious traffic
1126-violation committed in a non-CMV would result in the
1127-suspension or revocation of the CLP or CDL holder's non-CMV
1128-privileges. However, a person will be disqualified from
1129-driving a commercial motor vehicle for a period of not less
1130-than 4 months if convicted of 3 serious traffic violations,
1131-committed in a commercial motor vehicle, non-CMV while holding
1132-a CLP or CDL, or any combination thereof, arising from
1133-separate incidents, occurring within a 3-year period, provided
1134-the serious traffic violation committed in a non-CMV would
1135-result in the suspension or revocation of the CLP or CDL
1136-holder's non-CMV privileges. If all the convictions occurred
1137-in a non-CMV, the disqualification shall be entered only if
1138-the convictions would result in the suspension or revocation
1139-of the CLP or CDL holder's non-CMV privileges.
1140-(e-1) (Blank).
1141-(f) Notwithstanding any other provision of this Code, any
1142-driver disqualified from operating a commercial motor vehicle,
1143-pursuant to this UCDLA, shall not be eligible for restoration
1144-of commercial driving privileges during any such period of
1145-disqualification.
1146-(g) After suspending, revoking, or cancelling a CLP or
1147-
1148-
1149-CDL, the Secretary of State must update the driver's records
1150-to reflect such action within 10 days. After suspending or
1151-revoking the driving privilege of any person who has been
1152-issued a CLP or CDL from another jurisdiction, the Secretary
1153-shall originate notification to such issuing jurisdiction
1154-within 10 days.
1155-(h) The "disqualifications" referred to in this Section
1156-shall not be imposed upon any commercial motor vehicle driver,
1157-by the Secretary of State, unless the prohibited action(s)
1158-occurred after March 31, 1992.
1159-(i) A person is disqualified from driving a commercial
1160-motor vehicle in accordance with the following:
1161-(1) For 6 months upon a first conviction of paragraph
1162-(2) of subsection (b) or subsection (b-3) of Section 6-507
1163-of this Code.
1164-(2) For 2 years upon a second conviction of paragraph
1165-(2) of subsection (b) or subsection (b-3) or any
1166-combination of paragraphs (2) or (3) of subsection (b) or
1167-subsections (b-3) or (b-5) of Section 6-507 of this Code
1168-within a 10-year period if the second conviction is a
1169-violation of paragraph (2) of subsection (b) or subsection
1170-(b-3).
1171-(3) For 3 years upon a third or subsequent conviction
1172-of paragraph (2) of subsection (b) or subsection (b-3) or
1173-any combination of paragraphs (2) or (3) of subsection (b)
1174-or subsections (b-3) or (b-5) of Section 6-507 of this
1175-
1176-
1177-Code within a 10-year period if the third or subsequent
1178-conviction is a violation of paragraph (2) of subsection
1179-(b) or subsection (b-3).
1180-(4) For one year upon a first conviction of paragraph
1181-(3) of subsection (b) or subsection (b-5) of Section 6-507
1182-of this Code.
1183-(5) For 3 years upon a second conviction of paragraph
1184-(3) of subsection (b) or subsection (b-5) or any
1185-combination of paragraphs (2) or (3) of subsection (b) or
1186-subsections (b-3) or (b-5) of Section 6-507 of this Code
1187-within a 10-year period if the second conviction is a
1188-violation of paragraph (3) of subsection (b) or (b-5).
1189-(6) For 5 years upon a third or subsequent conviction
1190-of paragraph (3) of subsection (b) or subsection (b-5) or
1191-any combination of paragraphs (2) or (3) of subsection (b)
1192-or subsections (b-3) or (b-5) of Section 6-507 of this
1193-Code within a 10-year period if the third or subsequent
1194-conviction is a violation of paragraph (3) of subsection
1195-(b) or (b-5).
1196-(j) Disqualification for railroad-highway grade crossing
1197-violation.
1198-(1) General rule. A driver who is convicted of a
1199-violation of a federal, State, or local law or regulation
1200-pertaining to one of the following 6 offenses at a
1201-railroad-highway grade crossing must be disqualified from
1202-operating a commercial motor vehicle for the period of
1203-
1204-
1205-time specified in paragraph (2) of this subsection (j) if
1206-the offense was committed while operating a commercial
1207-motor vehicle:
1208-(i) For drivers who are not required to always
1209-stop, failing to slow down and check that the tracks
1210-are clear of an approaching train or railroad track
1211-equipment, as described in subsection (a-5) of Section
1212-11-1201 of this Code;
1213-(ii) For drivers who are not required to always
1214-stop, failing to stop before reaching the crossing, if
1215-the tracks are not clear, as described in subsection
1216-(a-1) (a) of Section 11-1201 of this Code;
1217-(iii) For drivers who are always required to stop,
1218-failing to stop before driving onto the crossing, as
1219-described in subsection (a-1) of Section 11-1202 of
1220-this Code;
1221-(iv) For all drivers, failing to have sufficient
1222-space to drive completely through the crossing without
1223-stopping, as described in subsection (b-5) (b) of
1224-Section 11-1425 of this Code;
1225-(v) For all drivers, failing to obey a traffic
1226-control device or the directions of an enforcement
1227-official at the crossing, as described in subdivision
1228-(2) of subsection (a-1) (a)2 of Section 11-1201 of
1229-this Code;
1230-(vi) For all drivers, failing to negotiate a
1231-
1232-
1233-crossing because of insufficient undercarriage
1234-clearance, as described in subsection (d-1) of Section
1235-11-1201 of this Code.
1236-(2) Duration of disqualification for railroad-highway
1237-grade crossing violation.
1238-(i) First violation. A driver must be disqualified
1239-from operating a commercial motor vehicle for not less
1240-than 60 days if the driver is convicted of a violation
1241-described in paragraph (1) of this subsection (j) and,
1242-in the three-year period preceding the conviction, the
1243-driver had no convictions for a violation described in
1244-paragraph (1) of this subsection (j).
1245-(ii) Second violation. A driver must be
1246-disqualified from operating a commercial motor vehicle
1247-for not less than 120 days if the driver is convicted
1248-of a violation described in paragraph (1) of this
1249-subsection (j) and, in the three-year period preceding
1250-the conviction, the driver had one other conviction
1251-for a violation described in paragraph (1) of this
1252-subsection (j) that was committed in a separate
1253-incident.
1254-(iii) Third or subsequent violation. A driver must
1255-be disqualified from operating a commercial motor
1256-vehicle for not less than one year if the driver is
1257-convicted of a violation described in paragraph (1) of
1258-this subsection (j) and, in the three-year period
1259-
1260-
1261-preceding the conviction, the driver had 2 or more
1262-other convictions for violations described in
1263-paragraph (1) of this subsection (j) that were
1264-committed in separate incidents.
1265-(k) Upon notification of a disqualification of a driver's
1266-commercial motor vehicle privileges imposed by the U.S.
1267-Department of Transportation, Federal Motor Carrier Safety
1268-Administration, in accordance with 49 CFR 383.52, the
1269-Secretary of State shall immediately record to the driving
1270-record the notice of disqualification and confirm to the
1271-driver the action that has been taken.
1272-(l) A foreign commercial driver is subject to
1273-disqualification under this Section.
1274-(m) A person shall be disqualified from operating a
1275-commercial motor vehicle for life if that individual uses a
1276-commercial motor vehicle in the commission of a felony
1277-involving an act or practice of severe forms of human
1278-trafficking, as defined in 22 U.S.C. 7102(11).
1279-(Source: P.A. 102-749, eff. 1-1-23.)
1280-(Text of Section after amendment by P.A. 102-982)
1281-Sec. 6-514. Commercial driver's license (CDL); commercial
1282-learner's permit (CLP); disqualifications.
1283-(a) A person shall be disqualified from driving a
1284-commercial motor vehicle for a period of not less than 12
1285-months for the first violation of:
1286-
1287-
1288-(1) Refusing to submit to or failure to complete a
1289-test or tests to determine the driver's blood
1290-concentration of alcohol, other drug, or both while
1291-driving a commercial motor vehicle or, if the driver is a
1292-CLP or CDL holder, while driving a non-CMV; or
1293-(2) Operating a commercial motor vehicle while the
1294-alcohol concentration of the person's blood, breath, other
1295-bodily substance, or urine is at least 0.04, or any amount
1296-of a drug, substance, or compound in the person's blood,
1297-other bodily substance, or urine resulting from the
1298-unlawful use or consumption of cannabis listed in the
1299-Cannabis Control Act, a controlled substance listed in the
1300-Illinois Controlled Substances Act, or methamphetamine as
1301-listed in the Methamphetamine Control and Community
1302-Protection Act as indicated by a police officer's sworn
1303-report or other verified evidence; or operating a
1304-non-commercial motor vehicle while the alcohol
1305-concentration of the person's blood, breath, other bodily
1306-substance, or urine was above the legal limit defined in
1307-Section 11-501.1 or 11-501.8 or any amount of a drug,
1308-substance, or compound in the person's blood, other bodily
1309-substance, or urine resulting from the unlawful use or
1310-consumption of cannabis listed in the Cannabis Control
1311-Act, a controlled substance listed in the Illinois
1312-Controlled Substances Act, or methamphetamine as listed in
1313-the Methamphetamine Control and Community Protection Act
1314-
1315-
1316-as indicated by a police officer's sworn report or other
1317-verified evidence while holding a CLP or CDL; or
1318-(3) Conviction for a first violation of:
1319-(i) Driving a commercial motor vehicle or, if the
1320-driver is a CLP or CDL holder, driving a non-CMV while
1321-under the influence of alcohol, or any other drug, or
1322-combination of drugs to a degree which renders such
1323-person incapable of safely driving; or
1324-(ii) Knowingly leaving the scene of a crash while
1325-operating a commercial motor vehicle or, if the driver
1326-is a CLP or CDL holder, while driving a non-CMV; or
1327-(iii) Driving a commercial motor vehicle or, if
1328-the driver is a CLP or CDL holder, driving a non-CMV
1329-while committing any felony; or
1330-(iv) Driving a commercial motor vehicle while the
1331-person's driving privileges or driver's license or
1332-permit is revoked, suspended, or cancelled or the
1333-driver is disqualified from operating a commercial
1334-motor vehicle; or
1335-(v) Causing a fatality through the negligent
1336-operation of a commercial motor vehicle, including but
1337-not limited to the crimes of motor vehicle
1338-manslaughter, homicide by a motor vehicle, and
1339-negligent homicide.
1340-As used in this subdivision (a)(3)(v), "motor
1341-vehicle manslaughter" means the offense of involuntary
1342-
1343-
1344-manslaughter if committed by means of a vehicle;
1345-"homicide by a motor vehicle" means the offense of
1346-first degree murder or second degree murder, if either
1347-offense is committed by means of a vehicle; and
1348-"negligent homicide" means reckless homicide under
1349-Section 9-3 of the Criminal Code of 1961 or the
1350-Criminal Code of 2012 and aggravated driving under the
1351-influence of alcohol, other drug or drugs,
1352-intoxicating compound or compounds, or any combination
1353-thereof under subdivision (d)(1)(F) of Section 11-501
1354-of this Code.
1355-If any of the above violations or refusals occurred
1356-while transporting hazardous material(s) required to be
1357-placarded, the person shall be disqualified for a period
1358-of not less than 3 years; or
1359-(4) (Blank).
1360-(b) A person is disqualified for life for a second
1361-conviction of any of the offenses specified in paragraph (a),
1362-or any combination of those offenses, arising from 2 or more
1363-separate incidents.
1364-(c) A person is disqualified from driving a commercial
1365-motor vehicle for life if the person either (i) uses a
1366-commercial motor vehicle in the commission of any felony
1367-involving the manufacture, distribution, or dispensing of a
1368-controlled substance, or possession with intent to
1369-manufacture, distribute or dispense a controlled substance or
1370-
1371-
1372-(ii) if the person is a CLP or CDL holder, uses a non-CMV in
1373-the commission of a felony involving any of those activities.
1374-(d) The Secretary of State may, when the United States
1375-Secretary of Transportation so authorizes, issue regulations
1376-in which a disqualification for life under paragraph (b) may
1377-be reduced to a period of not less than 10 years. If a
1378-reinstated driver is subsequently convicted of another
1379-disqualifying offense, as specified in subsection (a) of this
1380-Section, he or she shall be permanently disqualified for life
1381-and shall be ineligible to again apply for a reduction of the
1382-lifetime disqualification.
1383-(e) A person is disqualified from driving a commercial
1384-motor vehicle for a period of not less than 2 months if
1385-convicted of 2 serious traffic violations, committed in a
1386-commercial motor vehicle, non-CMV while holding a CLP or CDL,
1387-or any combination thereof, arising from separate incidents,
1388-occurring within a 3-year period, provided the serious traffic
1389-violation committed in a non-CMV would result in the
1390-suspension or revocation of the CLP or CDL holder's non-CMV
1391-privileges. However, a person will be disqualified from
1392-driving a commercial motor vehicle for a period of not less
1393-than 4 months if convicted of 3 serious traffic violations,
1394-committed in a commercial motor vehicle, non-CMV while holding
1395-a CLP or CDL, or any combination thereof, arising from
1396-separate incidents, occurring within a 3-year period, provided
1397-the serious traffic violation committed in a non-CMV would
1398-
1399-
1400-result in the suspension or revocation of the CLP or CDL
1401-holder's non-CMV privileges. If all the convictions occurred
1402-in a non-CMV, the disqualification shall be entered only if
1403-the convictions would result in the suspension or revocation
1404-of the CLP or CDL holder's non-CMV privileges.
1405-(e-1) (Blank).
1406-(f) Notwithstanding any other provision of this Code, any
1407-driver disqualified from operating a commercial motor vehicle,
1408-pursuant to this UCDLA, shall not be eligible for restoration
1409-of commercial driving privileges during any such period of
1410-disqualification.
1411-(g) After suspending, revoking, or cancelling a CLP or
1412-CDL, the Secretary of State must update the driver's records
1413-to reflect such action within 10 days. After suspending or
1414-revoking the driving privilege of any person who has been
1415-issued a CLP or CDL from another jurisdiction, the Secretary
1416-shall originate notification to such issuing jurisdiction
1417-within 10 days.
1418-(h) The "disqualifications" referred to in this Section
1419-shall not be imposed upon any commercial motor vehicle driver,
1420-by the Secretary of State, unless the prohibited action(s)
1421-occurred after March 31, 1992.
1422-(i) A person is disqualified from driving a commercial
1423-motor vehicle in accordance with the following:
1424-(1) For 6 months upon a first conviction of paragraph
1425-(2) of subsection (b) or subsection (b-3) of Section 6-507
1426-
1427-
1428-of this Code.
1429-(2) For 2 years upon a second conviction of paragraph
1430-(2) of subsection (b) or subsection (b-3) or any
1431-combination of paragraphs (2) or (3) of subsection (b) or
1432-subsections (b-3) or (b-5) of Section 6-507 of this Code
1433-within a 10-year period if the second conviction is a
1434-violation of paragraph (2) of subsection (b) or subsection
1435-(b-3).
1436-(3) For 3 years upon a third or subsequent conviction
1437-of paragraph (2) of subsection (b) or subsection (b-3) or
1438-any combination of paragraphs (2) or (3) of subsection (b)
1439-or subsections (b-3) or (b-5) of Section 6-507 of this
1440-Code within a 10-year period if the third or subsequent
1441-conviction is a violation of paragraph (2) of subsection
1442-(b) or subsection (b-3).
1443-(4) For one year upon a first conviction of paragraph
1444-(3) of subsection (b) or subsection (b-5) of Section 6-507
1445-of this Code.
1446-(5) For 3 years upon a second conviction of paragraph
1447-(3) of subsection (b) or subsection (b-5) or any
1448-combination of paragraphs (2) or (3) of subsection (b) or
1449-subsections (b-3) or (b-5) of Section 6-507 of this Code
1450-within a 10-year period if the second conviction is a
1451-violation of paragraph (3) of subsection (b) or (b-5).
1452-(6) For 5 years upon a third or subsequent conviction
1453-of paragraph (3) of subsection (b) or subsection (b-5) or
1454-
1455-
1456-any combination of paragraphs (2) or (3) of subsection (b)
1457-or subsections (b-3) or (b-5) of Section 6-507 of this
1458-Code within a 10-year period if the third or subsequent
1459-conviction is a violation of paragraph (3) of subsection
1460-(b) or (b-5).
1461-(j) Disqualification for railroad-highway grade crossing
1462-violation.
1463-(1) General rule. A driver who is convicted of a
1464-violation of a federal, State, or local law or regulation
1465-pertaining to one of the following 6 offenses at a
1466-railroad-highway grade crossing must be disqualified from
1467-operating a commercial motor vehicle for the period of
1468-time specified in paragraph (2) of this subsection (j) if
1469-the offense was committed while operating a commercial
1470-motor vehicle:
1471-(i) For drivers who are not required to always
1472-stop, failing to slow down and check that the tracks
1473-are clear of an approaching train or railroad track
1474-equipment, as described in subsection (a-5) of Section
1475-11-1201 of this Code;
1476-(ii) For drivers who are not required to always
1477-stop, failing to stop before reaching the crossing, if
1478-the tracks are not clear, as described in subsection
1479-(a-1) (a) of Section 11-1201 of this Code;
1480-(iii) For drivers who are always required to stop,
1481-failing to stop before driving onto the crossing, as
1482-
1483-
1484-described in subsection (a-1) of Section 11-1202 of
1485-this Code;
1486-(iv) For all drivers, failing to have sufficient
1487-space to drive completely through the crossing without
1488-stopping, as described in subsection (b-5) (b) of
1489-Section 11-1425 of this Code;
1490-(v) For all drivers, failing to obey a traffic
1491-control device or the directions of an enforcement
1492-official at the crossing, as described in subdivision
1493-(2) of subsection (a-1) (a)2 of Section 11-1201 of
1494-this Code;
1495-(vi) For all drivers, failing to negotiate a
1496-crossing because of insufficient undercarriage
1497-clearance, as described in subsection (d-1) of Section
1498-11-1201 of this Code.
1499-(2) Duration of disqualification for railroad-highway
1500-grade crossing violation.
1501-(i) First violation. A driver must be disqualified
1502-from operating a commercial motor vehicle for not less
1503-than 60 days if the driver is convicted of a violation
1504-described in paragraph (1) of this subsection (j) and,
1505-in the three-year period preceding the conviction, the
1506-driver had no convictions for a violation described in
1507-paragraph (1) of this subsection (j).
1508-(ii) Second violation. A driver must be
1509-disqualified from operating a commercial motor vehicle
1510-
1511-
1512-for not less than 120 days if the driver is convicted
1513-of a violation described in paragraph (1) of this
1514-subsection (j) and, in the three-year period preceding
1515-the conviction, the driver had one other conviction
1516-for a violation described in paragraph (1) of this
1517-subsection (j) that was committed in a separate
1518-incident.
1519-(iii) Third or subsequent violation. A driver must
1520-be disqualified from operating a commercial motor
1521-vehicle for not less than one year if the driver is
1522-convicted of a violation described in paragraph (1) of
1523-this subsection (j) and, in the three-year period
1524-preceding the conviction, the driver had 2 or more
1525-other convictions for violations described in
1526-paragraph (1) of this subsection (j) that were
1527-committed in separate incidents.
1528-(k) Upon notification of a disqualification of a driver's
1529-commercial motor vehicle privileges imposed by the U.S.
1530-Department of Transportation, Federal Motor Carrier Safety
1531-Administration, in accordance with 49 CFR 383.52, the
1532-Secretary of State shall immediately record to the driving
1533-record the notice of disqualification and confirm to the
1534-driver the action that has been taken.
1535-(l) A foreign commercial driver is subject to
1536-disqualification under this Section.
1537-(m) A person shall be disqualified from operating a
1538-
1539-
1540-commercial motor vehicle for life if that individual uses a
1541-commercial motor vehicle in the commission of a felony
1542-involving an act or practice of severe forms of human
1543-trafficking, as defined in 22 U.S.C. 7102(11).
1544-(Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23;
1545-revised 12-14-22.)
1546-(625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
1547-Sec. 7-315. A certificate of insurance proof.
1548-(a) Proof of financial responsibility may be made by
1549-filing with the Secretary of State the written or electronic
1550-certificate of any insurance carrier duly authorized to do
1551-business in this State, certifying that it has issued to or for
1552-the benefit of the person furnishing such proof and named as
1553-the insured in a motor vehicle liability policy, a motor
1554-vehicle liability policy or policies or in certain events an
1555-operator's policy meeting the requirements of this Code and
1556-that said policy or policies are then in full force and effect.
1557-All written or electronic certificates must be submitted in a
1558-manner satisfactory to the Secretary of State.
1559-(b) Such certificate or certificates shall give the dates
1560-of issuance and expiration of such policy or policies and
1561-certify that the same shall not be canceled unless 15 days'
1562-prior written or electronic notice thereof be given to the
1563-Secretary of State and shall explicitly describe all motor
1564-vehicles covered thereby unless the policy or policies are
1565-
1566-
1567-issued to a person who is not the owner of a motor vehicle.
1568-(c) The Secretary of State shall not accept any
1569-certificate or certificates unless the same shall cover all
1570-motor vehicles then registered in this State in the name of the
1571-person furnishing such proof as owner and an additional
1572-certificate or certificates shall be required as a condition
1573-precedent to the subsequent registration of any motor vehicle
1574-or motor vehicles in the name of the person giving such proof
1575-as owner.
1576-(Source: P.A. 94-239, eff. 1-1-06.)
1577-(625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
1578-Sec. 7-318. Notice of cancellation or termination of
1579-certified policy Cancellation or Termination of Certified
1580-Policy. When an insurance carrier has certified a motor
1581-vehicle liability policy or policies under this Act, it shall
1582-notify the Secretary of State of any cancellation by
1583-submitting an mailing a written or electronic notice at least
1584-15 days prior to cancellation of such policy and the policy
1585-shall continue in full force and effect until the date of
1586-cancellation specified in such notice or until its expiration,
1587-except that such a policy subsequently procured and certified
1588-shall, on the effective date of its certification, terminate
1589-the insurance previously certified with respect to any vehicle
1590-designated in both certificates. All written or electronic
1591-certificates must be submitted in a manner satisfactory to the
1592-
1593-
1594-Secretary of State.
1595-(Source: P.A. 94-239, eff. 1-1-06.)
1596-(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
1597-Sec. 11-1201. Obedience to signal indicating approach of
1598-train or railroad track equipment.
1599-(a) Whenever any person driving a vehicle approaches a
1600-railroad grade crossing where the driver is not always
1601-required to stop, the person must exercise due care and
1602-caution as the existence of a railroad track across a highway
1603-is a warning of danger, and under any of the circumstances
1604-stated in this Section, the driver shall stop within 50 feet
1605-but not less than 15 feet from the nearest rail of the railroad
1606-and shall not proceed until the tracks are clear and he or she
1607-can do so safely. The foregoing requirements shall apply when:
1608-1. A clearly visible electric or mechanical signal
1609-device gives warning of the immediate approach of a
1610-railroad train or railroad track equipment;
1611-2. A crossing gate is lowered or a human flagman gives
1612-or continues to give a signal of the approach or passage of
1613-a railroad train or railroad track equipment;
1614-3. A railroad train or railroad track equipment
1615-approaching a highway crossing emits a warning signal and
1616-such railroad train or railroad track equipment, by reason
1617-of its speed or nearness to such crossing, is an immediate
1618-hazard;
1619-
1620-
1621-4. An approaching railroad train or railroad track
1622-equipment is plainly visible and is in hazardous proximity
1623-to such crossing;
1624-5. A railroad train or railroad track equipment is
1625-approaching so closely that an immediate hazard is
1626-created.
1627-(a-1) Whenever any person driving a commercial motor
1628-vehicle, as defined in Section 6-500 of this Code, approaches
1629-a railroad grade crossing where the driver is not always
1630-required to stop, the person must exercise due care and
1631-caution as the existence of a railroad track across a highway
1632-is a warning of danger, and under any of the circumstances
1633-stated in this Section, the driver shall stop within 50 feet
1634-but not less than 15 feet from the nearest rail of the railroad
1635-and shall not proceed until the tracks are clear and he or she
1636-can do so safely. The foregoing requirements shall apply when:
1637-1. A clearly visible electric or mechanical signal
1638-device gives warning of the immediate approach of a
1639-railroad train or railroad track equipment;
1640-2. A crossing gate is lowered or a human flagman gives
1641-or continues to give a signal of the approach or passage of
1642-a railroad train or railroad track equipment;
1643-3. A railroad train or railroad track equipment
1644-approaching a highway crossing emits a warning signal and
1645-such railroad train or railroad track equipment, by reason
1646-of its speed or nearness to such crossing, is an immediate
1647-
1648-
1649-hazard;
1650-4. An approaching railroad train or railroad track
1651-equipment is plainly visible and is in hazardous proximity
1652-to such crossing;
1653-5. A railroad train or railroad track equipment is
1654-approaching so closely that an immediate hazard is
1655-created.
1656-(a-5) Whenever a person driving a commercial motor
1657-vehicle, as defined in Section 6-500 of this Code, vehicle
1658-approaches a railroad grade crossing where the driver is not
1659-always required to stop but must slow down, the person must
1660-exercise due care and caution as the existence of a railroad
1661-track across a highway is a warning of danger, and under any of
1662-the circumstances stated in this Section, the driver shall
1663-slow down within 50 feet but not less than 15 feet from the
1664-nearest rail of the railroad and shall not proceed until he or
1665-she checks that the tracks are clear of an approaching train or
1666-railroad track equipment.
1667-(b) No person shall drive any vehicle through, around or
1668-under any crossing gate or barrier at a railroad crossing
1669-while such gate or barrier is closed or is being opened or
1670-closed.
1671-(c) The Department, and local authorities with the
1672-approval of the Department, are hereby authorized to designate
1673-particularly dangerous highway grade crossings of railroads
1674-and to erect stop signs thereat. When such stop signs are
1675-
1676-
1677-erected the driver of any vehicle shall stop within 50 feet but
1678-not less than 15 feet from the nearest rail of such railroad
1679-and shall proceed only upon exercising due care.
1680-(d) At any railroad grade crossing provided with railroad
1681-crossbuck signs, without automatic, electric, or mechanical
1682-signal devices, crossing gates, or a human flagman giving a
1683-signal of the approach or passage of a train or railroad track
1684-equipment, the driver of a vehicle shall in obedience to the
1685-railroad crossbuck sign, yield the right-of-way and slow down
1686-to a speed reasonable for the existing conditions and shall
1687-stop, if required for safety, at a clearly marked stopped
1688-line, or if no stop line, within 50 feet but not less than 15
1689-feet from the nearest rail of the railroad and shall not
1690-proceed until he or she can do so safely. If a driver is
1691-involved in a collision at a railroad crossing or interferes
1692-with the movement of a train or railroad track equipment after
1693-driving past the railroad crossbuck sign, the collision or
1694-interference is prima facie evidence of the driver's failure
1695-to yield right-of-way.
1696-(d-1) No person shall, while driving a commercial motor
1697-vehicle, fail to negotiate a railroad-highway grade railroad
1698-crossing because of insufficient undercarriage clearance.
1699-(d-5) (Blank).
1700-(e) It is unlawful to violate any part of this Section.
1701-(1) A violation of this Section is a petty offense for
1702-which a fine of $500 shall be imposed for a first
1703-
1704-
1705-violation, and a fine of $1,000 shall be imposed for a
1706-second or subsequent violation. The court may impose 25
1707-hours of community service in place of the $500 fine for
1708-the first violation.
1709-(2) For a second or subsequent violation, the
1710-Secretary of State may suspend the driving privileges of
1711-the offender for a minimum of 6 months.
1712-(f) Corporate authorities of municipal corporations
1713-regulating operators of vehicles that fail to obey signals
1714-indicating the presence, approach, passage, or departure of a
1715-train or railroad track equipment shall impose fines as
1716-established in subsection (e) of this Section.
1717-(Source: P.A. 99-663, eff. 1-1-17.)
1718-(625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)
1719-Sec. 11-1202. Certain vehicles must stop at all railroad
1720-grade crossings.
1721-(a) The driver of any of the following vehicles shall,
1722-before crossing a railroad track or tracks at grade, stop such
1723-vehicle within 50 feet but not less than 15 feet from the
1724-nearest rail and, while so stopped, shall listen and look for
1725-the approach of a train or railroad track equipment and shall
1726-not proceed until such movement can be made with safety:
1727-1. Any second division vehicle carrying passengers for
1728-hire;
1729-2. Any bus that meets all of the special requirements
1730-
1731-
1732-for school buses in Sections 12-801, 12-803, and 12-805 of
1733-this Code. The driver of the bus, in addition to complying
1734-with all other applicable requirements of this subsection
1735-(a), must also (i) turn off all noise producing
1736-accessories, including heater blowers, defroster fans,
1737-auxiliary fans, and radios, and (ii) open the service door
1738-and driver's window, before crossing a railroad track or
1739-tracks;
1740-3. (Blank). Any other vehicle which is required by
1741-Federal or State law to be placarded when carrying as a
1742-cargo or part of a cargo hazardous material as defined in
1743-the "Illinois Hazardous Materials Transportation Act".
1744-(a-1) The driver of any of the following vehicles shall,
1745-before crossing a railroad track or tracks at grade, stop such
1746-vehicle within 50 feet but not less than 15 feet from the
1747-nearest rail and, while so stopped, shall listen and look for
1748-the approach of a train or railroad track equipment and shall
1749-not proceed until such movement can be made with safety:
1750-1. A commercial motor vehicle, as defined in Section
1751-6-500 of this Code, carrying passengers for hire;
1752-2. Any bus that meets all of the special requirements
1753-for school buses in Sections 12-801, 12-803, and 12-805 of
1754-this Code and is designed to transport 16 or more persons,
1755-including the driver. The driver of the bus, in addition
1756-to complying with all other applicable requirements of
1757-this subsection (a-1), must also (i) turn off all noise
1758-
1759-
1760-producing accessories, including heater blowers, defroster
1761-fans, auxiliary fans, and radios, and (ii) open the
1762-service door and driver's window, before crossing a
1763-railroad track or tracks;
1764-3. Any other vehicle which is required by federal or
1765-State law to be placarded when carrying as a cargo or part
1766-of a cargo hazardous material as defined in the Illinois
1767-Hazardous Materials Transportation Act.
1768-After stopping as required in this Section, the driver
1769-shall proceed only in a gear not requiring a change of gears
1770-during the crossing, and the driver shall not shift gears
1771-while crossing the track or tracks.
1772-(b) This Section shall not apply:
1773-1. At any railroad grade crossing where traffic is
1774-controlled by a police officer or flagperson;
1775-2. At any railroad grade crossing controlled by a
1776-functioning traffic-control signal transmitting a green
1777-indication which, under law, permits the vehicle to
1778-proceed across the railroad tracks without slowing or
1779-stopping, except that subsection (a) shall apply to any
1780-school bus;
1781-3. At any streetcar grade crossing within a business
1782-or residence district; or
1783-4. At any abandoned, industrial or spur track railroad
1784-grade crossing designated as exempt by the Illinois
1785-Commerce Commission and marked with an official sign as
1786-
1787-
1788-authorized in the State Manual on Uniform Traffic Control
1789-Devices for Streets and Highways.
1790-(Source: P.A. 95-756, eff. 1-1-09; 96-1244, eff. 1-1-11.)
1791-(625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
1792-Sec. 11-1425. Stop when traffic obstructed.
1793-(a) No driver shall enter an intersection or a marked
1794-crosswalk or drive onto any railroad grade crossing unless
1795-there is sufficient space on the other side of the
1796-intersection, crosswalk or railroad grade crossing to
1797-accommodate the vehicle he is operating without obstructing
1798-the passage of other vehicles, pedestrians or railroad trains
1799-notwithstanding any traffic-control signal indication to
1800-proceed.
1801-(b) No driver shall enter a highway rail grade crossing
1802-unless there is sufficient space on the other side of the
1803-highway rail grade crossing to accommodate the vehicle being
1804-operated without obstructing the passage of a train or other
1805-railroad equipment using the rails, notwithstanding any
1806-traffic-control signal indication to proceed.
1807-(b-5) No driver operating a commercial motor vehicle, as
1808-defined in Section 6-500 of this Code, shall enter a highway
1809-rail grade crossing unless there is sufficient space on the
1810-other side of the highway rail grade crossing to accommodate
1811-the vehicle being operated without obstructing the passage of
1812-a train or other railroad equipment using the rails,
1813-
1814-
1815-notwithstanding any traffic-control signal indication to
1816-proceed.
1817-(c) (Blank).
1818-(d) Beginning with the effective date of this amendatory
1819-Act of the 95th General Assembly, the Secretary of State shall
1820-suspend for a period of one month the driving privileges of any
1821-person convicted of a violation of subsection (b) of this
1822-Section or a similar provision of a local ordinance; the
1823-Secretary shall suspend for a period of 3 months the driving
1824-privileges of any person convicted of a second or subsequent
1825-violation of subsection (b) of this Section or a similar
1826-provision of a local ordinance if the second or subsequent
1827-violation occurs within 5 years of a prior conviction for the
1828-same offense. In addition to the suspensions authorized by
1829-this Section, any person convicted of violating subsection (b)
1830-of this Section or a similar provision of a local ordinance
1831-shall be subject to a mandatory fine of $500 or 50 hours of
1832-community service. Any person given a disposition of court
1833-supervision for violating subsection (b) of this Section or a
1834-similar provision of a local ordinance shall also be subject
1835-to a mandatory fine of $500 or 50 hours of community service.
1836-Upon a second or subsequent violation, in addition to the
1837-suspensions authorized by this Section, the person shall be
1838-subject to a mandatory fine of $500 and 50 hours community
1839-service. The Secretary may also grant, for the duration of any
1840-suspension issued under this subsection, a restricted driving
1841-
1842-
1843-permit granting the privilege of driving a motor vehicle
1844-between the driver's residence and place of employment or
1845-within other proper limits that the Secretary of State shall
1846-find necessary to avoid any undue hardship. A restricted
1847-driving permit issued hereunder shall be subject to
1848-cancellation, revocation and suspension by the Secretary of
1849-State in like manner and for like cause as a driver's license
1850-may be cancelled, revoked or suspended; except that a
1851-conviction upon one or more offenses against laws or
1852-ordinances regulating the movement of traffic shall be deemed
1853-sufficient cause for the revocation, suspension or
1854-cancellation of the restricted driving permit. The Secretary
1855-of State may, as a condition to the issuance of a restricted
1856-driving permit, require the applicant to participate in a
1857-designated driver remedial or rehabilitative program. Any
1858-conviction for a violation of this subsection shall be
1859-included as an offense for the purposes of determining
1860-suspension action under any other provision of this Code,
1861-provided however, that the penalties provided under this
1862-subsection shall be imposed unless those penalties imposed
1863-under other applicable provisions are greater.
1864-(Source: P.A. 95-753, eff. 1-1-09.)
1865-Section 95. No acceleration or delay. Where this Act makes
1866-changes in a statute that is represented in this Act by text
1867-that is not yet or no longer in effect (for example, a Section
1868-
1869-
1870-represented by multiple versions), the use of that text does
1871-not accelerate or delay the taking effect of (i) the changes
1872-made by this Act or (ii) provisions derived from any other
1873-Public Act.
1874-Section 99. Effective date. This Act takes effect upon
1875-becoming law.
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34+1 of urine.
35+2 Alcohol tests administered within 2 hours of the driver
36+3 being "stopped or detained" shall be considered that driver's
37+4 "alcohol concentration" for the purposes of enforcing this
38+5 UCDLA.
39+6 (3) (Blank).
40+7 (4) (Blank).
41+8 (5) (Blank).
42+9 (5.3) CDLIS driver record. "CDLIS driver record" means the
43+10 electronic record of the individual CDL driver's status and
44+11 history stored by the State-of-Record as part of the
45+12 Commercial Driver's License Information System, or CDLIS,
46+13 established under 49 U.S.C. 31309.
47+14 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
48+15 record" or "CDLIS MVR" means a report generated from the CDLIS
49+16 driver record meeting the requirements for access to CDLIS
50+17 information and provided by states to users authorized in 49
51+18 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
52+19 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
53+20 (5.7) Commercial driver's license downgrade. "Commercial
54+21 driver's license downgrade" or "CDL downgrade" means either:
55+22 (A) a state allows the driver to change his or her
56+23 self-certification to interstate, but operating
57+24 exclusively in transportation or operation excepted from
58+25 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
59+26 391.2, 391.68, or 398.3;
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70+1 (B) a state allows the driver to change his or her
71+2 self-certification to intrastate only, if the driver
72+3 qualifies under that state's physical qualification
73+4 requirements for intrastate only;
74+5 (C) a state allows the driver to change his or her
75+6 certification to intrastate, but operating exclusively in
76+7 transportation or operations excepted from all or part of
77+8 the state driver qualification requirements; or
78+9 (D) a state removes the CDL privilege from the driver
79+10 license.
80+11 (6) Commercial Motor Vehicle.
81+12 (A) "Commercial motor vehicle" or "CMV" means a motor
82+13 vehicle or combination of motor vehicles used in commerce,
83+14 except those referred to in subdivision (B), designed to
84+15 transport passengers or property if the motor vehicle:
85+16 (i) has a gross combination weight rating or gross
86+17 combination weight of 11,794 kilograms or more (26,001
87+18 pounds or more), whichever is greater, inclusive of
88+19 any towed unit with a gross vehicle weight rating or
89+20 gross vehicle weight of more than 4,536 kilograms
90+21 (10,000 pounds), whichever is greater; or
91+22 (i-5) has a gross vehicle weight rating or gross
92+23 vehicle weight of 11,794 or more kilograms (26,001
93+24 pounds or more), whichever is greater; or
94+25 (ii) is designed to transport 16 or more persons,
95+26 including the driver; or
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106+1 (iii) is of any size and is used in transporting
107+2 hazardous materials as defined in 49 C.F.R. 383.5.
108+3 (B) Pursuant to the interpretation of the Commercial
109+4 Motor Vehicle Safety Act of 1986 by the Federal Highway
110+5 Administration, the definition of "commercial motor
111+6 vehicle" does not include:
112+7 (i) recreational vehicles, when operated primarily
113+8 for personal use;
114+9 (ii) vehicles owned by or operated under the
115+10 direction of the United States Department of Defense
116+11 or the United States Coast Guard only when operated by
117+12 non-civilian personnel. This includes any operator on
118+13 active military duty; members of the Reserves;
119+14 National Guard; personnel on part-time training; and
120+15 National Guard military technicians (civilians who are
121+16 required to wear military uniforms and are subject to
122+17 the Code of Military Justice); or
123+18 (iii) firefighting, police, and other emergency
124+19 equipment (including, without limitation, equipment
125+20 owned or operated by a HazMat or technical rescue team
126+21 authorized by a county board under Section 5-1127 of
127+22 the Counties Code), with audible and visual signals,
128+23 owned or operated by or for a governmental entity,
129+24 which is necessary to the preservation of life or
130+25 property or the execution of emergency governmental
131+26 functions which are normally not subject to general
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142+1 traffic rules and regulations.
143+2 (7) Controlled Substance. "Controlled substance" shall
144+3 have the same meaning as defined in Section 102 of the Illinois
145+4 Controlled Substances Act, and shall also include cannabis as
146+5 defined in Section 3 of the Cannabis Control Act and
147+6 methamphetamine as defined in Section 10 of the
148+7 Methamphetamine Control and Community Protection Act.
149+8 (8) Conviction. "Conviction" means an unvacated
150+9 adjudication of guilt or a determination that a person has
151+10 violated or failed to comply with the law in a court of
152+11 original jurisdiction or by an authorized administrative
153+12 tribunal; an unvacated revocation of pretrial release; a plea
154+13 of guilty or nolo contendere accepted by the court; or the
155+14 payment of a fine or court cost regardless of whether the
156+15 imposition of sentence is deferred and ultimately a judgment
157+16 dismissing the underlying charge is entered.
158+17 (8.5) Day. "Day" means calendar day.
159+18 (9) (Blank).
160+19 (10) (Blank).
161+20 (11) (Blank).
162+21 (12) (Blank).
163+22 (13) Driver. "Driver" means any person who drives,
164+23 operates, or is in physical control of a commercial motor
165+24 vehicle, any person who is required to hold a CDL, or any
166+25 person who is a holder of a CDL while operating a
167+26 non-commercial motor vehicle.
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178+1 (13.5) Driver applicant. "Driver applicant" means an
179+2 individual who applies to a state or other jurisdiction to
180+3 obtain, transfer, upgrade, or renew a CDL or to obtain or renew
181+4 a CLP.
182+5 (13.6) Drug and alcohol clearinghouse. "Drug and alcohol
183+6 clearinghouse" means a database system established by the
184+7 Federal Motor Carrier Safety Administration that permits the
185+8 access and retrieval of a drug and alcohol testing violation
186+9 or violations precluding an applicant or employee from
187+10 occupying safety-sensitive positions involving the operation
188+11 of a commercial motor vehicle.
189+12 (13.8) Electronic device. "Electronic device" includes,
190+13 but is not limited to, a cellular telephone, personal digital
191+14 assistant, pager, computer, or any other device used to input,
192+15 write, send, receive, or read text.
193+16 (14) Employee. "Employee" means a person who is employed
194+17 as a commercial motor vehicle driver. A person who is
195+18 self-employed as a commercial motor vehicle driver must comply
196+19 with the requirements of this UCDLA pertaining to employees.
197+20 An owner-operator on a long-term lease shall be considered an
198+21 employee.
199+22 (15) Employer. "Employer" means a person (including the
200+23 United States, a State or a local authority) who owns or leases
201+24 a commercial motor vehicle or assigns employees to operate
202+25 such a vehicle. A person who is self-employed as a commercial
203+26 motor vehicle driver must comply with the requirements of this
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214+1 UCDLA.
215+2 (15.1) Endorsement. "Endorsement" means an authorization
216+3 to an individual's CLP or CDL required to permit the
217+4 individual to operate certain types of commercial motor
218+5 vehicles.
219+6 (15.2) Entry-level driver training. "Entry-level driver
220+7 training" means the training an entry-level driver receives
221+8 from an entity listed on the Federal Motor Carrier Safety
222+9 Administration's Training Provider Registry prior to: (i)
223+10 taking the CDL skills test required to receive the Class A or
224+11 Class B CDL for the first time; (ii) taking the CDL skills test
225+12 required to upgrade to a Class A or Class B CDL; or (iii)
226+13 taking the CDL skills test required to obtain a passenger or
227+14 school bus endorsement for the first time or the CDL knowledge
228+15 test required to obtain a hazardous materials endorsement for
229+16 the first time.
230+17 (15.3) Excepted interstate. "Excepted interstate" means a
231+18 person who operates or expects to operate in interstate
232+19 commerce, but engages exclusively in transportation or
233+20 operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
234+21 or 398.3 from all or part of the qualification requirements of
235+22 49 C.F.R. Part 391 and is not required to obtain a medical
236+23 examiner's certificate by 49 C.F.R. 391.45.
237+24 (15.5) Excepted intrastate. "Excepted intrastate" means a
238+25 person who operates in intrastate commerce but engages
239+26 exclusively in transportation or operations excepted from all
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250+1 or parts of the state driver qualification requirements.
251+2 (16) (Blank).
252+3 (16.5) Fatality. "Fatality" means the death of a person as
253+4 a result of a motor vehicle accident.
254+5 (16.7) Foreign commercial driver. "Foreign commercial
255+6 driver" means a person licensed to operate a commercial motor
256+7 vehicle by an authority outside the United States, or a
257+8 citizen of a foreign country who operates a commercial motor
258+9 vehicle in the United States.
259+10 (17) Foreign jurisdiction. "Foreign jurisdiction" means a
260+11 sovereign jurisdiction that does not fall within the
261+12 definition of "State".
262+13 (18) (Blank).
263+14 (19) (Blank).
264+15 (20) Hazardous materials. "Hazardous material" means any
265+16 material that has been designated under 49 U.S.C. 5103 and is
266+17 required to be placarded under subpart F of 49 C.F.R. part 172
267+18 or any quantity of a material listed as a select agent or toxin
268+19 in 42 C.F.R. part 73.
269+20 (20.5) Imminent Hazard. "Imminent hazard" means the
270+21 existence of any condition of a vehicle, employee, or
271+22 commercial motor vehicle operations that substantially
272+23 increases the likelihood of serious injury or death if not
273+24 discontinued immediately; or a condition relating to hazardous
274+25 material that presents a substantial likelihood that death,
275+26 serious illness, severe personal injury, or a substantial
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286+1 endangerment to health, property, or the environment may occur
287+2 before the reasonably foreseeable completion date of a formal
288+3 proceeding begun to lessen the risk of that death, illness,
289+4 injury or endangerment.
290+5 (20.6) Issuance. "Issuance" means initial issuance,
291+6 transfer, renewal, or upgrade of a CLP or CDL and
292+7 non-domiciled CLP or CDL.
293+8 (20.7) Issue. "Issue" means initial issuance, transfer,
294+9 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
295+10 non-domiciled CDL.
296+11 (21) Long-term lease. "Long-term lease" means a lease of a
297+12 commercial motor vehicle by the owner-lessor to a lessee, for
298+13 a period of more than 29 days.
299+14 (21.01) Manual transmission. "Manual transmission" means a
300+15 transmission utilizing a driver-operated clutch that is
301+16 activated by a pedal or lever and a gear-shift mechanism
302+17 operated either by hand or foot including those known as a
303+18 stick shift, stick, straight drive, or standard transmission.
304+19 All other transmissions, whether semi-automatic or automatic,
305+20 shall be considered automatic for the purposes of the
306+21 standardized restriction code.
307+22 (21.1) Medical examiner. "Medical examiner" means an
308+23 individual certified by the Federal Motor Carrier Safety
309+24 Administration and listed on the National Registry of
310+25 Certified Medical Examiners in accordance with Federal Motor
311+26 Carrier Safety Regulations, 49 CFR 390.101 et seq.
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322+1 (21.2) Medical examiner's certificate. "Medical examiner's
323+2 certificate" means either (1) prior to June 22, 2021, a
324+3 document prescribed or approved by the Secretary of State that
325+4 is issued by a medical examiner to a driver to medically
326+5 qualify him or her to drive; or (2) beginning June 22, 2021, an
327+6 electronic submission of results of an examination conducted
328+7 by a medical examiner listed on the National Registry of
329+8 Certified Medical Examiners to the Federal Motor Carrier
330+9 Safety Administration of a driver to medically qualify him or
331+10 her to drive.
332+11 (21.5) Medical variance. "Medical variance" means a driver
333+12 has received one of the following from the Federal Motor
334+13 Carrier Safety Administration which allows the driver to be
335+14 issued a medical certificate: (1) an exemption letter
336+15 permitting operation of a commercial motor vehicle pursuant to
337+16 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
338+17 skill performance evaluation (SPE) certificate permitting
339+18 operation of a commercial motor vehicle pursuant to 49 C.F.R.
340+19 391.49.
341+20 (21.7) Mobile telephone. "Mobile telephone" means a mobile
342+21 communication device that falls under or uses any commercial
343+22 mobile radio service, as defined in regulations of the Federal
344+23 Communications Commission, 47 CFR 20.3. It does not include
345+24 two-way or citizens band radio services.
346+25 (22) Motor Vehicle. "Motor vehicle" means every vehicle
347+26 which is self-propelled, and every vehicle which is propelled
348+
349+
350+
351+
352+
353+ HB3149 Enrolled - 10 - LRB103 30978 MXP 57571 b
354+
355+
356+HB3149 Enrolled- 11 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 11 - LRB103 30978 MXP 57571 b
357+ HB3149 Enrolled - 11 - LRB103 30978 MXP 57571 b
358+1 by electric power obtained from over head trolley wires but
359+2 not operated upon rails, except vehicles moved solely by human
360+3 power and motorized wheel chairs.
361+4 (22.2) Motor vehicle record. "Motor vehicle record" means
362+5 a report of the driving status and history of a driver
363+6 generated from the driver record provided to users, such as
364+7 drivers or employers, and is subject to the provisions of the
365+8 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
366+9 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
367+10 combination of motor vehicles not defined by the term
368+11 "commercial motor vehicle" or "CMV" in this Section.
369+12 (22.7) Non-excepted interstate. "Non-excepted interstate"
370+13 means a person who operates or expects to operate in
371+14 interstate commerce, is subject to and meets the qualification
372+15 requirements under 49 C.F.R. Part 391, and is required to
373+16 obtain a medical examiner's certificate by 49 C.F.R. 391.45.
374+17 (22.8) Non-excepted intrastate. "Non-excepted intrastate"
375+18 means a person who operates only in intrastate commerce and is
376+19 subject to State driver qualification requirements.
377+20 (23) Non-domiciled CLP or Non-domiciled CDL.
378+21 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
379+22 respectively, issued by a state or other jurisdiction under
380+23 either of the following two conditions:
381+24 (i) to an individual domiciled in a foreign country
382+25 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
383+26 of the Federal Motor Carrier Safety Administration.
384+
385+
386+
387+
388+
389+ HB3149 Enrolled - 11 - LRB103 30978 MXP 57571 b
390+
391+
392+HB3149 Enrolled- 12 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 12 - LRB103 30978 MXP 57571 b
393+ HB3149 Enrolled - 12 - LRB103 30978 MXP 57571 b
394+1 (ii) to an individual domiciled in another state
395+2 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
396+3 of the Federal Motor Carrier Safety Administration.
397+4 (24) (Blank).
398+5 (25) (Blank).
399+6 (25.5) Railroad-Highway Grade Crossing Violation.
400+7 "Railroad-highway grade crossing violation" means a violation,
401+8 while operating a commercial motor vehicle, of any of the
402+9 following:
403+10 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
404+11 (B) Any other similar law or local ordinance of any
405+12 state relating to railroad-highway grade crossing.
406+13 (25.7) School Bus. "School bus" means a commercial motor
407+14 vehicle used to transport pre-primary, primary, or secondary
408+15 school students from home to school, from school to home, or to
409+16 and from school-sponsored events. "School bus" does not
410+17 include a bus used as a common carrier.
411+18 (26) Serious Traffic Violation. "Serious traffic
412+19 violation" means:
413+20 (A) a conviction when operating a commercial motor
414+21 vehicle, or when operating a non-CMV while holding a CLP
415+22 or CDL, of:
416+23 (i) a violation relating to excessive speeding,
417+24 involving a single speeding charge of 15 miles per
418+25 hour or more above the legal speed limit; or
419+26 (ii) a violation relating to reckless driving; or
420+
421+
422+
423+
424+
425+ HB3149 Enrolled - 12 - LRB103 30978 MXP 57571 b
426+
427+
428+HB3149 Enrolled- 13 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 13 - LRB103 30978 MXP 57571 b
429+ HB3149 Enrolled - 13 - LRB103 30978 MXP 57571 b
430+1 (iii) a violation of any State law or local
431+2 ordinance relating to motor vehicle traffic control
432+3 (other than parking violations) arising in connection
433+4 with a fatal traffic accident; or
434+5 (iv) a violation of Section 6-501, relating to
435+6 having multiple driver's licenses; or
436+7 (v) a violation of paragraph (a) of Section 6-507,
437+8 relating to the requirement to have a valid CLP or CDL;
438+9 or
439+10 (vi) a violation relating to improper or erratic
440+11 traffic lane changes; or
441+12 (vii) a violation relating to following another
442+13 vehicle too closely; or
443+14 (viii) a violation relating to texting while
444+15 driving; or
445+16 (ix) a violation relating to the use of a
446+17 hand-held mobile telephone while driving; or
447+18 (B) any other similar violation of a law or local
448+19 ordinance of any state relating to motor vehicle traffic
449+20 control, other than a parking violation, which the
450+21 Secretary of State determines by administrative rule to be
451+22 serious.
452+23 (27) State. "State" means a state of the United States,
453+24 the District of Columbia and any province or territory of
454+25 Canada.
455+26 (28) (Blank).
456+
457+
458+
459+
460+
461+ HB3149 Enrolled - 13 - LRB103 30978 MXP 57571 b
462+
463+
464+HB3149 Enrolled- 14 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 14 - LRB103 30978 MXP 57571 b
465+ HB3149 Enrolled - 14 - LRB103 30978 MXP 57571 b
466+1 (29) (Blank).
467+2 (30) (Blank).
468+3 (31) (Blank).
469+4 (32) Texting. "Texting" means manually entering
470+5 alphanumeric text into, or reading text from, an electronic
471+6 device.
472+7 (1) Texting includes, but is not limited to, short
473+8 message service, emailing, instant messaging, a command or
474+9 request to access a World Wide Web page, pressing more
475+10 than a single button to initiate or terminate a voice
476+11 communication using a mobile telephone, or engaging in any
477+12 other form of electronic text retrieval or entry for
478+13 present or future communication.
479+14 (2) Texting does not include:
480+15 (i) inputting, selecting, or reading information
481+16 on a global positioning system or navigation system;
482+17 or
483+18 (ii) pressing a single button to initiate or
484+19 terminate a voice communication using a mobile
485+20 telephone; or
486+21 (iii) using a device capable of performing
487+22 multiple functions (for example, a fleet management
488+23 system, dispatching device, smart phone, citizens band
489+24 radio, or music player) for a purpose that is not
490+25 otherwise prohibited by Part 392 of the Federal Motor
491+26 Carrier Safety Regulations.
492+
493+
494+
495+
496+
497+ HB3149 Enrolled - 14 - LRB103 30978 MXP 57571 b
498+
499+
500+HB3149 Enrolled- 15 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 15 - LRB103 30978 MXP 57571 b
501+ HB3149 Enrolled - 15 - LRB103 30978 MXP 57571 b
502+1 (32.3) Third party skills test examiner. "Third party
503+2 skills test examiner" means a person employed by a third party
504+3 tester who is authorized by the State to administer the CDL
505+4 skills tests specified in 49 C.F.R. Part 383, subparts G and H.
506+5 (32.5) Third party tester. "Third party tester" means a
507+6 person (including, but not limited to, another state, a motor
508+7 carrier, a private driver training facility or other private
509+8 institution, or a department, agency, or instrumentality of a
510+9 local government) authorized by the State to employ skills
511+10 test examiners to administer the CDL skills tests specified in
512+11 49 C.F.R. Part 383, subparts G and H.
513+12 (32.7) United States. "United States" means the 50 states
514+13 and the District of Columbia.
515+14 (33) Use a hand-held mobile telephone. "Use a hand-held
516+15 mobile telephone" means:
517+16 (1) using at least one hand to hold a mobile telephone
518+17 to conduct a voice communication;
519+18 (2) dialing or answering a mobile telephone by
520+19 pressing more than a single button; or
521+20 (3) reaching for a mobile telephone in a manner that
522+21 requires a driver to maneuver so that he or she is no
523+22 longer in a seated driving position, restrained by a seat
524+23 belt that is installed in accordance with 49 CFR 393.93
525+24 and adjusted in accordance with the vehicle manufacturer's
526+25 instructions.
527+26 (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
528+
529+
530+
531+
532+
533+ HB3149 Enrolled - 15 - LRB103 30978 MXP 57571 b
534+
535+
536+HB3149 Enrolled- 16 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 16 - LRB103 30978 MXP 57571 b
537+ HB3149 Enrolled - 16 - LRB103 30978 MXP 57571 b
538+1 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
539+2 (Text of Section after amendment by P.A. 102-982)
540+3 Sec. 6-500. Definitions of words and phrases.
541+4 Notwithstanding the definitions set forth elsewhere in this
542+5 Code, for purposes of the Uniform Commercial Driver's License
543+6 Act (UCDLA), the words and phrases listed below have the
544+7 meanings ascribed to them as follows:
545+8 (1) Alcohol. "Alcohol" means any substance containing any
546+9 form of alcohol, including but not limited to ethanol,
547+10 methanol, propanol, and isopropanol.
548+11 (2) Alcohol concentration. "Alcohol concentration" means:
549+12 (A) the number of grams of alcohol per 210 liters of
550+13 breath; or
551+14 (B) the number of grams of alcohol per 100 milliliters
552+15 of blood; or
553+16 (C) the number of grams of alcohol per 67 milliliters
554+17 of urine.
555+18 Alcohol tests administered within 2 hours of the driver
556+19 being "stopped or detained" shall be considered that driver's
557+20 "alcohol concentration" for the purposes of enforcing this
558+21 UCDLA.
559+22 (3) (Blank).
560+23 (4) (Blank).
561+24 (5) (Blank).
562+25 (5.3) CDLIS driver record. "CDLIS driver record" means the
563+
564+
565+
566+
567+
568+ HB3149 Enrolled - 16 - LRB103 30978 MXP 57571 b
569+
570+
571+HB3149 Enrolled- 17 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 17 - LRB103 30978 MXP 57571 b
572+ HB3149 Enrolled - 17 - LRB103 30978 MXP 57571 b
573+1 electronic record of the individual CDL driver's status and
574+2 history stored by the State-of-Record as part of the
575+3 Commercial Driver's License Information System, or CDLIS,
576+4 established under 49 U.S.C. 31309.
577+5 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
578+6 record" or "CDLIS MVR" means a report generated from the CDLIS
579+7 driver record meeting the requirements for access to CDLIS
580+8 information and provided by states to users authorized in 49
581+9 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
582+10 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
583+11 (5.7) Commercial driver's license downgrade. "Commercial
584+12 driver's license downgrade" or "CDL downgrade" means either:
585+13 (A) a state allows the driver to change his or her
586+14 self-certification to interstate, but operating
587+15 exclusively in transportation or operation excepted from
588+16 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
589+17 391.2, 391.68, or 398.3;
590+18 (B) a state allows the driver to change his or her
591+19 self-certification to intrastate only, if the driver
592+20 qualifies under that state's physical qualification
593+21 requirements for intrastate only;
594+22 (C) a state allows the driver to change his or her
595+23 certification to intrastate, but operating exclusively in
596+24 transportation or operations excepted from all or part of
597+25 the state driver qualification requirements; or
598+26 (D) a state removes the CDL privilege from the driver
599+
600+
601+
602+
603+
604+ HB3149 Enrolled - 17 - LRB103 30978 MXP 57571 b
605+
606+
607+HB3149 Enrolled- 18 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 18 - LRB103 30978 MXP 57571 b
608+ HB3149 Enrolled - 18 - LRB103 30978 MXP 57571 b
609+1 license.
610+2 (6) Commercial Motor Vehicle.
611+3 (A) "Commercial motor vehicle" or "CMV" means a motor
612+4 vehicle or combination of motor vehicles used in commerce,
613+5 except those referred to in subdivision (B), designed to
614+6 transport passengers or property if the motor vehicle:
615+7 (i) has a gross combination weight rating or gross
616+8 combination weight of 11,794 kilograms or more (26,001
617+9 pounds or more), whichever is greater, inclusive of
618+10 any towed unit with a gross vehicle weight rating or
619+11 gross vehicle weight of more than 4,536 kilograms
620+12 (10,000 pounds), whichever is greater; or
621+13 (i-5) has a gross vehicle weight rating or gross
622+14 vehicle weight of 11,794 or more kilograms (26,001
623+15 pounds or more), whichever is greater; or
624+16 (ii) is designed to transport 16 or more persons,
625+17 including the driver; or
626+18 (iii) is of any size and is used in transporting
627+19 hazardous materials as defined in 49 C.F.R. 383.5.
628+20 (B) Pursuant to the interpretation of the Commercial
629+21 Motor Vehicle Safety Act of 1986 by the Federal Highway
630+22 Administration, the definition of "commercial motor
631+23 vehicle" does not include:
632+24 (i) recreational vehicles, when operated primarily
633+25 for personal use;
634+26 (ii) vehicles owned by or operated under the
635+
636+
637+
638+
639+
640+ HB3149 Enrolled - 18 - LRB103 30978 MXP 57571 b
641+
642+
643+HB3149 Enrolled- 19 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 19 - LRB103 30978 MXP 57571 b
644+ HB3149 Enrolled - 19 - LRB103 30978 MXP 57571 b
645+1 direction of the United States Department of Defense
646+2 or the United States Coast Guard only when operated by
647+3 non-civilian personnel. This includes any operator on
648+4 active military duty; members of the Reserves;
649+5 National Guard; personnel on part-time training; and
650+6 National Guard military technicians (civilians who are
651+7 required to wear military uniforms and are subject to
652+8 the Code of Military Justice); or
653+9 (iii) firefighting, police, and other emergency
654+10 equipment (including, without limitation, equipment
655+11 owned or operated by a HazMat or technical rescue team
656+12 authorized by a county board under Section 5-1127 of
657+13 the Counties Code), with audible and visual signals,
658+14 owned or operated by or for a governmental entity,
659+15 which is necessary to the preservation of life or
660+16 property or the execution of emergency governmental
661+17 functions which are normally not subject to general
662+18 traffic rules and regulations.
663+19 (7) Controlled Substance. "Controlled substance" shall
664+20 have the same meaning as defined in Section 102 of the Illinois
665+21 Controlled Substances Act, and shall also include cannabis as
666+22 defined in Section 3 of the Cannabis Control Act and
667+23 methamphetamine as defined in Section 10 of the
668+24 Methamphetamine Control and Community Protection Act.
669+25 (8) Conviction. "Conviction" means an unvacated
670+26 adjudication of guilt or a determination that a person has
671+
672+
673+
674+
675+
676+ HB3149 Enrolled - 19 - LRB103 30978 MXP 57571 b
677+
678+
679+HB3149 Enrolled- 20 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 20 - LRB103 30978 MXP 57571 b
680+ HB3149 Enrolled - 20 - LRB103 30978 MXP 57571 b
681+1 violated or failed to comply with the law in a court of
682+2 original jurisdiction or by an authorized administrative
683+3 tribunal; an unvacated revocation of pretrial release; a plea
684+4 of guilty or nolo contendere accepted by the court; or the
685+5 payment of a fine or court cost regardless of whether the
686+6 imposition of sentence is deferred and ultimately a judgment
687+7 dismissing the underlying charge is entered.
688+8 (8.5) Day. "Day" means calendar day.
689+9 (9) (Blank).
690+10 (10) (Blank).
691+11 (11) (Blank).
692+12 (12) (Blank).
693+13 (13) Driver. "Driver" means any person who drives,
694+14 operates, or is in physical control of a commercial motor
695+15 vehicle, any person who is required to hold a CDL, or any
696+16 person who is a holder of a CDL while operating a
697+17 non-commercial motor vehicle.
698+18 (13.5) Driver applicant. "Driver applicant" means an
699+19 individual who applies to a state or other jurisdiction to
700+20 obtain, transfer, upgrade, or renew a CDL or to obtain or renew
701+21 a CLP.
702+22 (13.6) Drug and alcohol clearinghouse. "Drug and alcohol
703+23 clearinghouse" means a database system established by the
704+24 Federal Motor Carrier Safety Administration that permits the
705+25 access and retrieval of a drug and alcohol testing violation
706+26 or violations precluding an applicant or employee from
707+
708+
709+
710+
711+
712+ HB3149 Enrolled - 20 - LRB103 30978 MXP 57571 b
713+
714+
715+HB3149 Enrolled- 21 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 21 - LRB103 30978 MXP 57571 b
716+ HB3149 Enrolled - 21 - LRB103 30978 MXP 57571 b
717+1 occupying safety-sensitive positions involving the operation
718+2 of a commercial motor vehicle.
719+3 (13.8) Electronic device. "Electronic device" includes,
720+4 but is not limited to, a cellular telephone, personal digital
721+5 assistant, pager, computer, or any other device used to input,
722+6 write, send, receive, or read text.
723+7 (14) Employee. "Employee" means a person who is employed
724+8 as a commercial motor vehicle driver. A person who is
725+9 self-employed as a commercial motor vehicle driver must comply
726+10 with the requirements of this UCDLA pertaining to employees.
727+11 An owner-operator on a long-term lease shall be considered an
728+12 employee.
729+13 (15) Employer. "Employer" means a person (including the
730+14 United States, a State or a local authority) who owns or leases
731+15 a commercial motor vehicle or assigns employees to operate
732+16 such a vehicle. A person who is self-employed as a commercial
733+17 motor vehicle driver must comply with the requirements of this
734+18 UCDLA.
735+19 (15.1) Endorsement. "Endorsement" means an authorization
736+20 to an individual's CLP or CDL required to permit the
737+21 individual to operate certain types of commercial motor
738+22 vehicles.
739+23 (15.2) Entry-level driver training. "Entry-level driver
740+24 training" means the training an entry-level driver receives
741+25 from an entity listed on the Federal Motor Carrier Safety
742+26 Administration's Training Provider Registry prior to: (i)
743+
744+
745+
746+
747+
748+ HB3149 Enrolled - 21 - LRB103 30978 MXP 57571 b
749+
750+
751+HB3149 Enrolled- 22 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 22 - LRB103 30978 MXP 57571 b
752+ HB3149 Enrolled - 22 - LRB103 30978 MXP 57571 b
753+1 taking the CDL skills test required to receive the Class A or
754+2 Class B CDL for the first time; (ii) taking the CDL skills test
755+3 required to upgrade to a Class A or Class B CDL; or (iii)
756+4 taking the CDL skills test required to obtain a passenger or
757+5 school bus endorsement for the first time or the CDL knowledge
758+6 test required to obtain a hazardous materials endorsement for
759+7 the first time.
760+8 (15.3) Excepted interstate. "Excepted interstate" means a
761+9 person who operates or expects to operate in interstate
762+10 commerce, but engages exclusively in transportation or
763+11 operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
764+12 or 398.3 from all or part of the qualification requirements of
765+13 49 C.F.R. Part 391 and is not required to obtain a medical
766+14 examiner's certificate by 49 C.F.R. 391.45.
767+15 (15.5) Excepted intrastate. "Excepted intrastate" means a
768+16 person who operates in intrastate commerce but engages
769+17 exclusively in transportation or operations excepted from all
770+18 or parts of the state driver qualification requirements.
771+19 (16) (Blank).
772+20 (16.5) Fatality. "Fatality" means the death of a person as
773+21 a result of a motor vehicle crash.
774+22 (16.7) Foreign commercial driver. "Foreign commercial
775+23 driver" means a person licensed to operate a commercial motor
776+24 vehicle by an authority outside the United States, or a
777+25 citizen of a foreign country who operates a commercial motor
778+26 vehicle in the United States.
779+
780+
781+
782+
783+
784+ HB3149 Enrolled - 22 - LRB103 30978 MXP 57571 b
785+
786+
787+HB3149 Enrolled- 23 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 23 - LRB103 30978 MXP 57571 b
788+ HB3149 Enrolled - 23 - LRB103 30978 MXP 57571 b
789+1 (17) Foreign jurisdiction. "Foreign jurisdiction" means a
790+2 sovereign jurisdiction that does not fall within the
791+3 definition of "State".
792+4 (18) (Blank).
793+5 (19) (Blank).
794+6 (20) Hazardous materials. "Hazardous material" means any
795+7 material that has been designated under 49 U.S.C. 5103 and is
796+8 required to be placarded under subpart F of 49 C.F.R. part 172
797+9 or any quantity of a material listed as a select agent or toxin
798+10 in 42 C.F.R. part 73.
799+11 (20.5) Imminent Hazard. "Imminent hazard" means the
800+12 existence of any condition of a vehicle, employee, or
801+13 commercial motor vehicle operations that substantially
802+14 increases the likelihood of serious injury or death if not
803+15 discontinued immediately; or a condition relating to hazardous
804+16 material that presents a substantial likelihood that death,
805+17 serious illness, severe personal injury, or a substantial
806+18 endangerment to health, property, or the environment may occur
807+19 before the reasonably foreseeable completion date of a formal
808+20 proceeding begun to lessen the risk of that death, illness,
809+21 injury or endangerment.
810+22 (20.6) Issuance. "Issuance" means initial issuance,
811+23 transfer, renewal, or upgrade of a CLP or CDL and
812+24 non-domiciled CLP or CDL.
813+25 (20.7) Issue. "Issue" means initial issuance, transfer,
814+26 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
815+
816+
817+
818+
819+
820+ HB3149 Enrolled - 23 - LRB103 30978 MXP 57571 b
821+
822+
823+HB3149 Enrolled- 24 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 24 - LRB103 30978 MXP 57571 b
824+ HB3149 Enrolled - 24 - LRB103 30978 MXP 57571 b
825+1 non-domiciled CDL.
826+2 (21) Long-term lease. "Long-term lease" means a lease of a
827+3 commercial motor vehicle by the owner-lessor to a lessee, for
828+4 a period of more than 29 days.
829+5 (21.01) Manual transmission. "Manual transmission" means a
830+6 transmission utilizing a driver-operated clutch that is
831+7 activated by a pedal or lever and a gear-shift mechanism
832+8 operated either by hand or foot including those known as a
833+9 stick shift, stick, straight drive, or standard transmission.
834+10 All other transmissions, whether semi-automatic or automatic,
835+11 shall be considered automatic for the purposes of the
836+12 standardized restriction code.
837+13 (21.1) Medical examiner. "Medical examiner" means an
838+14 individual certified by the Federal Motor Carrier Safety
839+15 Administration and listed on the National Registry of
840+16 Certified Medical Examiners in accordance with Federal Motor
841+17 Carrier Safety Regulations, 49 CFR 390.101 et seq.
842+18 (21.2) Medical examiner's certificate. "Medical examiner's
843+19 certificate" means either (1) prior to June 22, 2021, a
844+20 document prescribed or approved by the Secretary of State that
845+21 is issued by a medical examiner to a driver to medically
846+22 qualify him or her to drive; or (2) beginning June 22, 2021, an
847+23 electronic submission of results of an examination conducted
848+24 by a medical examiner listed on the National Registry of
849+25 Certified Medical Examiners to the Federal Motor Carrier
850+26 Safety Administration of a driver to medically qualify him or
851+
852+
853+
854+
855+
856+ HB3149 Enrolled - 24 - LRB103 30978 MXP 57571 b
857+
858+
859+HB3149 Enrolled- 25 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 25 - LRB103 30978 MXP 57571 b
860+ HB3149 Enrolled - 25 - LRB103 30978 MXP 57571 b
861+1 her to drive.
862+2 (21.5) Medical variance. "Medical variance" means a driver
863+3 has received one of the following from the Federal Motor
864+4 Carrier Safety Administration which allows the driver to be
865+5 issued a medical certificate: (1) an exemption letter
866+6 permitting operation of a commercial motor vehicle pursuant to
867+7 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
868+8 skill performance evaluation (SPE) certificate permitting
869+9 operation of a commercial motor vehicle pursuant to 49 C.F.R.
870+10 391.49.
871+11 (21.7) Mobile telephone. "Mobile telephone" means a mobile
872+12 communication device that falls under or uses any commercial
873+13 mobile radio service, as defined in regulations of the Federal
874+14 Communications Commission, 47 CFR 20.3. It does not include
875+15 two-way or citizens band radio services.
876+16 (22) Motor Vehicle. "Motor vehicle" means every vehicle
877+17 which is self-propelled, and every vehicle which is propelled
878+18 by electric power obtained from over head trolley wires but
879+19 not operated upon rails, except vehicles moved solely by human
880+20 power and motorized wheel chairs.
881+21 (22.2) Motor vehicle record. "Motor vehicle record" means
882+22 a report of the driving status and history of a driver
883+23 generated from the driver record provided to users, such as
884+24 drivers or employers, and is subject to the provisions of the
885+25 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
886+26 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
887+
888+
889+
890+
891+
892+ HB3149 Enrolled - 25 - LRB103 30978 MXP 57571 b
893+
894+
895+HB3149 Enrolled- 26 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 26 - LRB103 30978 MXP 57571 b
896+ HB3149 Enrolled - 26 - LRB103 30978 MXP 57571 b
897+1 combination of motor vehicles not defined by the term
898+2 "commercial motor vehicle" or "CMV" in this Section.
899+3 (22.7) Non-excepted interstate. "Non-excepted interstate"
900+4 means a person who operates or expects to operate in
901+5 interstate commerce, is subject to and meets the qualification
902+6 requirements under 49 C.F.R. Part 391, and is required to
903+7 obtain a medical examiner's certificate by 49 C.F.R. 391.45.
904+8 (22.8) Non-excepted intrastate. "Non-excepted intrastate"
905+9 means a person who operates only in intrastate commerce and is
906+10 subject to State driver qualification requirements.
907+11 (23) Non-domiciled CLP or Non-domiciled CDL.
908+12 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
909+13 respectively, issued by a state or other jurisdiction under
910+14 either of the following two conditions:
911+15 (i) to an individual domiciled in a foreign country
912+16 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
913+17 of the Federal Motor Carrier Safety Administration.
914+18 (ii) to an individual domiciled in another state
915+19 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
916+20 of the Federal Motor Carrier Safety Administration.
917+21 (24) (Blank).
918+22 (25) (Blank).
919+23 (25.5) Railroad-Highway Grade Crossing Violation.
920+24 "Railroad-highway grade crossing violation" means a violation,
921+25 while operating a commercial motor vehicle, of any of the
922+26 following:
923+
924+
925+
926+
927+
928+ HB3149 Enrolled - 26 - LRB103 30978 MXP 57571 b
929+
930+
931+HB3149 Enrolled- 27 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 27 - LRB103 30978 MXP 57571 b
932+ HB3149 Enrolled - 27 - LRB103 30978 MXP 57571 b
933+1 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
934+2 (B) Any other similar law or local ordinance of any
935+3 state relating to railroad-highway grade crossing.
936+4 (25.7) School Bus. "School bus" means a commercial motor
937+5 vehicle used to transport pre-primary, primary, or secondary
938+6 school students from home to school, from school to home, or to
939+7 and from school-sponsored events. "School bus" does not
940+8 include a bus used as a common carrier.
941+9 (26) Serious Traffic Violation. "Serious traffic
942+10 violation" means:
943+11 (A) a conviction when operating a commercial motor
944+12 vehicle, or when operating a non-CMV while holding a CLP
945+13 or CDL, of:
946+14 (i) a violation relating to excessive speeding,
947+15 involving a single speeding charge of 15 miles per
948+16 hour or more above the legal speed limit; or
949+17 (ii) a violation relating to reckless driving; or
950+18 (iii) a violation of any State law or local
951+19 ordinance relating to motor vehicle traffic control
952+20 (other than parking violations) arising in connection
953+21 with a fatal traffic crash; or
954+22 (iv) a violation of Section 6-501, relating to
955+23 having multiple driver's licenses; or
956+24 (v) a violation of paragraph (a) of Section 6-507,
957+25 relating to the requirement to have a valid CLP or CDL;
958+26 or
959+
960+
961+
962+
963+
964+ HB3149 Enrolled - 27 - LRB103 30978 MXP 57571 b
965+
966+
967+HB3149 Enrolled- 28 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 28 - LRB103 30978 MXP 57571 b
968+ HB3149 Enrolled - 28 - LRB103 30978 MXP 57571 b
969+1 (vi) a violation relating to improper or erratic
970+2 traffic lane changes; or
971+3 (vii) a violation relating to following another
972+4 vehicle too closely; or
973+5 (viii) a violation relating to texting while
974+6 driving; or
975+7 (ix) a violation relating to the use of a
976+8 hand-held mobile telephone while driving; or
977+9 (B) any other similar violation of a law or local
978+10 ordinance of any state relating to motor vehicle traffic
979+11 control, other than a parking violation, which the
980+12 Secretary of State determines by administrative rule to be
981+13 serious.
982+14 (27) State. "State" means a state of the United States,
983+15 the District of Columbia and any province or territory of
984+16 Canada.
985+17 (28) (Blank).
986+18 (29) (Blank).
987+19 (30) (Blank).
988+20 (31) (Blank).
989+21 (32) Texting. "Texting" means manually entering
990+22 alphanumeric text into, or reading text from, an electronic
991+23 device.
992+24 (1) Texting includes, but is not limited to, short
993+25 message service, emailing, instant messaging, a command or
994+26 request to access a World Wide Web page, pressing more
995+
996+
997+
998+
999+
1000+ HB3149 Enrolled - 28 - LRB103 30978 MXP 57571 b
1001+
1002+
1003+HB3149 Enrolled- 29 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 29 - LRB103 30978 MXP 57571 b
1004+ HB3149 Enrolled - 29 - LRB103 30978 MXP 57571 b
1005+1 than a single button to initiate or terminate a voice
1006+2 communication using a mobile telephone, or engaging in any
1007+3 other form of electronic text retrieval or entry for
1008+4 present or future communication.
1009+5 (2) Texting does not include:
1010+6 (i) inputting, selecting, or reading information
1011+7 on a global positioning system or navigation system;
1012+8 or
1013+9 (ii) pressing a single button to initiate or
1014+10 terminate a voice communication using a mobile
1015+11 telephone; or
1016+12 (iii) using a device capable of performing
1017+13 multiple functions (for example, a fleet management
1018+14 system, dispatching device, smart phone, citizens band
1019+15 radio, or music player) for a purpose that is not
1020+16 otherwise prohibited by Part 392 of the Federal Motor
1021+17 Carrier Safety Regulations.
1022+18 (32.3) Third party skills test examiner. "Third party
1023+19 skills test examiner" means a person employed by a third party
1024+20 tester who is authorized by the State to administer the CDL
1025+21 skills tests specified in 49 C.F.R. Part 383, subparts G and H.
1026+22 (32.5) Third party tester. "Third party tester" means a
1027+23 person (including, but not limited to, another state, a motor
1028+24 carrier, a private driver training facility or other private
1029+25 institution, or a department, agency, or instrumentality of a
1030+26 local government) authorized by the State to employ skills
1031+
1032+
1033+
1034+
1035+
1036+ HB3149 Enrolled - 29 - LRB103 30978 MXP 57571 b
1037+
1038+
1039+HB3149 Enrolled- 30 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 30 - LRB103 30978 MXP 57571 b
1040+ HB3149 Enrolled - 30 - LRB103 30978 MXP 57571 b
1041+1 test examiners to administer the CDL skills tests specified in
1042+2 49 C.F.R. Part 383, subparts G and H.
1043+3 (32.7) United States. "United States" means the 50 states
1044+4 and the District of Columbia.
1045+5 (33) Use a hand-held mobile telephone. "Use a hand-held
1046+6 mobile telephone" means:
1047+7 (1) using at least one hand to hold a mobile telephone
1048+8 to conduct a voice communication;
1049+9 (2) dialing or answering a mobile telephone by
1050+10 pressing more than a single button; or
1051+11 (3) reaching for a mobile telephone in a manner that
1052+12 requires a driver to maneuver so that he or she is no
1053+13 longer in a seated driving position, restrained by a seat
1054+14 belt that is installed in accordance with 49 CFR 393.93
1055+15 and adjusted in accordance with the vehicle manufacturer's
1056+16 instructions.
1057+17 (Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;
1058+18 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
1059+19 (625 ILCS 5/6-507.5)
1060+20 Sec. 6-507.5. Application for Commercial Learner's Permit
1061+21 (CLP).
1062+22 (a) The application for a CLP must include, but is not
1063+23 limited to, the following:
1064+24 (1) the driver applicant's full legal name and current
1065+25 Illinois domiciliary address, unless the driver applicant
1066+
1067+
1068+
1069+
1070+
1071+ HB3149 Enrolled - 30 - LRB103 30978 MXP 57571 b
1072+
1073+
1074+HB3149 Enrolled- 31 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 31 - LRB103 30978 MXP 57571 b
1075+ HB3149 Enrolled - 31 - LRB103 30978 MXP 57571 b
1076+1 is from a foreign country and is applying for a
1077+2 non-domiciled CLP in which case the driver applicant shall
1078+3 submit proof of Illinois residency or the driver applicant
1079+4 is from another state and is applying for a non-domiciled
1080+5 CLP in which case the driver applicant shall submit proof
1081+6 of domicile in the state which issued the driver
1082+7 applicant's Non-CDL;
1083+8 (2) a physical description of the driver applicant
1084+9 including gender, height, weight, color of eyes, and hair
1085+10 color;
1086+11 (3) date of birth;
1087+12 (4) the driver applicant's social security number;
1088+13 (5) the driver applicant's signature;
1089+14 (6) the names of all states where the driver applicant
1090+15 has previously been licensed to drive any type of motor
1091+16 vehicle during the previous 10 years under 49 C.F.R. Part
1092+17 383;
1093+18 (7) proof of citizenship or lawful permanent residency
1094+19 as set forth in Table 1 of 49 C.F.R. 383.71, unless the
1095+20 driver applicant is from a foreign country and is applying
1096+21 for a non-domiciled CLP, in which case the applicant must
1097+22 provide an unexpired employment authorization document
1098+23 (EAD) issued by USCIS or an unexpired foreign passport
1099+24 accompanied by an approved I-94 form documenting the
1100+25 applicant's most recent admittance into the United States;
1101+26 and
1102+
1103+
1104+
1105+
1106+
1107+ HB3149 Enrolled - 31 - LRB103 30978 MXP 57571 b
1108+
1109+
1110+HB3149 Enrolled- 32 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 32 - LRB103 30978 MXP 57571 b
1111+ HB3149 Enrolled - 32 - LRB103 30978 MXP 57571 b
1112+1 (8) any other information required by the Secretary of
1113+2 State.
1114+3 (b) Except as provided in subsection (b-5), no CLP shall
1115+4 be issued to a driver applicant unless the applicant has taken
1116+5 and passed a general knowledge test that meets the federal
1117+6 standards contained in 49 C.F.R. Part 383, subparts F, G, and H
1118+7 for the commercial motor vehicle the applicant expects to
1119+8 operate.
1120+9 (b-5) The Secretary of State may waive the general
1121+10 knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a
1122+11 qualifying driver applicant of a commercial learner's permit.
1123+12 A qualifying driver applicant shall:
1124+13 (1) be a current resident of this State;
1125+14 (2) be a current or former member of the military
1126+15 services, including a member of any reserve component or
1127+16 National Guard unit;
1128+17 (3) within one year prior to the application, have
1129+18 been regularly employed in a military position that
1130+19 requires the operation of large trucks;
1131+20 (4) have received formal military training in the
1132+21 operation of a vehicle similar to the commercial motor
1133+22 vehicle the applicant expects to operate; and
1134+23 (5) provide the Secretary of State with a general
1135+24 knowledge test waiver form signed by the applicant and his
1136+25 or her commanding officer certifying that the applicant
1137+26 qualifies for the general knowledge test waiver.
1138+
1139+
1140+
1141+
1142+
1143+ HB3149 Enrolled - 32 - LRB103 30978 MXP 57571 b
1144+
1145+
1146+HB3149 Enrolled- 33 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 33 - LRB103 30978 MXP 57571 b
1147+ HB3149 Enrolled - 33 - LRB103 30978 MXP 57571 b
1148+1 (c) No CLP shall be issued to a driver applicant unless the
1149+2 applicant possesses a valid Illinois driver's license or if
1150+3 the applicant is applying for a non-domiciled CLP under
1151+4 subsection (b) of Section 6-509 of this Code, in which case the
1152+5 driver applicant must possess a valid driver's license from
1153+6 his or her state of domicile.
1154+7 (d) No CLP shall be issued to a person under 18 years of
1155+8 age.
1156+9 (e) No person shall be issued a CLP unless the person
1157+10 certifies to the Secretary one of the following types of
1158+11 driving operations in which he or she will be engaged:
1159+12 (1) non-excepted interstate;
1160+13 (2) non-excepted intrastate;
1161+14 (3) excepted interstate; or
1162+15 (4) excepted intrastate.
1163+16 (f) No person shall be issued a CLP unless the person
1164+17 certifies to the Secretary that he or she is not subject to any
1165+18 disqualification under 49 C.F.R. 383.51, or any license
1166+19 disqualification under State law, and that he or she does not
1167+20 have a driver's license from more than one state or
1168+21 jurisdiction.
1169+22 (g) No CLP shall be issued to a person while the person is
1170+23 subject to a disqualification from driving a commercial motor
1171+24 vehicle, unless otherwise permitted by this Code, while the
1172+25 person's driver's license is suspended, revoked, or cancelled
1173+26 in any state, or any territory or province of Canada; nor may a
1174+
1175+
1176+
1177+
1178+
1179+ HB3149 Enrolled - 33 - LRB103 30978 MXP 57571 b
1180+
1181+
1182+HB3149 Enrolled- 34 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 34 - LRB103 30978 MXP 57571 b
1183+ HB3149 Enrolled - 34 - LRB103 30978 MXP 57571 b
1184+1 CLP be issued to a person who has a CLP or CDL issued by any
1185+2 other state or foreign jurisdiction, unless the person
1186+3 surrenders all of these licenses. No CLP shall be issued to or
1187+4 renewed for a person who does not meet the requirement of 49
1188+5 C.F.R. 391.41(b)(11). The requirement may be met with the aid
1189+6 of a hearing aid.
1190+7 (h) No CLP with a Passenger, School Bus or Tank Vehicle
1191+8 endorsement shall be issued to a person unless the driver
1192+9 applicant has taken and passed the knowledge test for each
1193+10 endorsement.
1194+11 (1) A CLP holder with a Passenger (P) endorsement is
1195+12 prohibited from operating a CMV carrying passengers, other
1196+13 than federal or State auditors and inspectors, test
1197+14 examiners, or other trainees, and the CDL holder
1198+15 accompanying the CLP holder as prescribed by subsection
1199+16 (a) of Section 6-507 of this Code. The P endorsement must
1200+17 be class specific.
1201+18 (2) A CLP holder with a School Bus (S) endorsement is
1202+19 prohibited from operating a school bus with passengers
1203+20 other than federal or State auditors and inspectors, test
1204+21 examiners, or other trainees, and the CDL holder
1205+22 accompanying the CLP holder as prescribed by subsection
1206+23 (a) of Section 6-507 of this Code.
1207+24 (3) A CLP holder with a Tank Vehicle (N) endorsement
1208+25 may only operate an empty tank vehicle and is prohibited
1209+26 from operating any tank vehicle that previously contained
1210+
1211+
1212+
1213+
1214+
1215+ HB3149 Enrolled - 34 - LRB103 30978 MXP 57571 b
1216+
1217+
1218+HB3149 Enrolled- 35 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 35 - LRB103 30978 MXP 57571 b
1219+ HB3149 Enrolled - 35 - LRB103 30978 MXP 57571 b
1220+1 hazardous material that has not been purged of all
1221+2 residue.
1222+3 (4) All other federal endorsements are prohibited on a
1223+4 CLP.
1224+5 (i) No CLP holder may operate a commercial motor vehicle
1225+6 transporting hazardous material as defined in paragraph (20)
1226+7 of Section 6-500 of this Code.
1227+8 (j) The CLP holder must be accompanied by the holder of a
1228+9 valid CDL who has the proper CDL group and endorsement
1229+10 necessary to operate the CMV. The CDL holder must at all times
1230+11 be physically present in the front seat of the vehicle next to
1231+12 the CLP holder or, in the case of a passenger vehicle, directly
1232+13 behind or in the first row behind the driver and must have the
1233+14 CLP holder under observation and direct supervision.
1234+15 (k) A CLP is valid for 12 months 180 days from the date of
1235+16 issuance. A CLP may be renewed for an additional 180 days
1236+17 without requiring the CLP holder to retake the general and
1237+18 endorsement knowledge tests.
1238+19 (l) A CLP issued prior to July 1, 2014 for a limited time
1239+20 period according to state requirements, shall be considered a
1240+21 valid commercial driver's license for purposes of
1241+22 behind-the-wheel training on public roads or highways.
1242+23 (Source: P.A. 100-223, eff. 8-18-17.)
1243+24 (625 ILCS 5/6-508.5 new)
1244+25 Sec. 6-508.5. Drug and alcohol clearinghouse.
1245+
1246+
1247+
1248+
1249+
1250+ HB3149 Enrolled - 35 - LRB103 30978 MXP 57571 b
1251+
1252+
1253+HB3149 Enrolled- 36 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 36 - LRB103 30978 MXP 57571 b
1254+ HB3149 Enrolled - 36 - LRB103 30978 MXP 57571 b
1255+1 (a) No driver who has engaged in conduct prohibited by
1256+2 subpart B of 49 CFR 382 shall perform safety-sensitive
1257+3 functions, including driving a commercial motor vehicle,
1258+4 unless the driver has met the return to duty requirements of
1259+5 subpart O of 49 CFR 40 and, if the driver's CDL or CLP was
1260+6 canceled, has had the CDL or CLP reinstated.
1261+7 (b) By applying for a CDL or CLP, a driver is deemed to
1262+8 have consented to the release of information from the drug and
1263+9 alcohol clearinghouse to the Secretary of State.
1264+10 (c) No later than November 18, 2024, the Secretary shall
1265+11 request information from the drug and alcohol clearinghouse
1266+12 for all applicants applying for an initial, renewal, transfer,
1267+13 or upgraded CDL or CLP. If the Secretary receives notification
1268+14 that pursuant to 49 CFR 382.503 the applicant is prohibited
1269+15 from operating a commercial motor vehicle, the Secretary shall
1270+16 not issue, renew, transfer, or upgrade a CDL or CLP.
1271+17 (d) No later than November 18, 2024, the Secretary must,
1272+18 upon receiving notification from the drug and alcohol
1273+19 clearinghouse that a holder of a CDL or CLP is prohibited from
1274+20 operating a commercial motor vehicle, cancel the CDL or CLP.
1275+21 The cancellation must be completed and recorded on the CDLIS
1276+22 driver record within 60 days after the State's receipt of such
1277+23 a notification. Upon notification from the Federal Motor
1278+24 Carrier Safety Administration that a driver has completed the
1279+25 return-to-duty process, the Secretary may reinstate the
1280+26 driver's CDL or CLP privileges.
1281+
1282+
1283+
1284+
1285+
1286+ HB3149 Enrolled - 36 - LRB103 30978 MXP 57571 b
1287+
1288+
1289+HB3149 Enrolled- 37 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 37 - LRB103 30978 MXP 57571 b
1290+ HB3149 Enrolled - 37 - LRB103 30978 MXP 57571 b
1291+1 (e) Upon notification from the Federal Motor Carrier
1292+2 Safety Administration that a violation was entered into the
1293+3 drug and alcohol clearinghouse erroneously, the Secretary
1294+4 shall reinstate the driver's CDL or CLP privileges and remove
1295+5 the cancellation from the driving record.
1296+6 (625 ILCS 5/6-514)
1297+7 (Text of Section before amendment by P.A. 102-982)
1298+8 Sec. 6-514. Commercial driver's license (CDL); commercial
1299+9 learner's permit (CLP); disqualifications.
1300+10 (a) A person shall be disqualified from driving a
1301+11 commercial motor vehicle for a period of not less than 12
1302+12 months for the first violation of:
1303+13 (1) Refusing to submit to or failure to complete a
1304+14 test or tests to determine the driver's blood
1305+15 concentration of alcohol, other drug, or both while
1306+16 driving a commercial motor vehicle or, if the driver is a
1307+17 CLP or CDL holder, while driving a non-CMV; or
1308+18 (2) Operating a commercial motor vehicle while the
1309+19 alcohol concentration of the person's blood, breath, other
1310+20 bodily substance, or urine is at least 0.04, or any amount
1311+21 of a drug, substance, or compound in the person's blood,
1312+22 other bodily substance, or urine resulting from the
1313+23 unlawful use or consumption of cannabis listed in the
1314+24 Cannabis Control Act, a controlled substance listed in the
1315+25 Illinois Controlled Substances Act, or methamphetamine as
1316+
1317+
1318+
1319+
1320+
1321+ HB3149 Enrolled - 37 - LRB103 30978 MXP 57571 b
1322+
1323+
1324+HB3149 Enrolled- 38 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 38 - LRB103 30978 MXP 57571 b
1325+ HB3149 Enrolled - 38 - LRB103 30978 MXP 57571 b
1326+1 listed in the Methamphetamine Control and Community
1327+2 Protection Act as indicated by a police officer's sworn
1328+3 report or other verified evidence; or operating a
1329+4 non-commercial motor vehicle while the alcohol
1330+5 concentration of the person's blood, breath, other bodily
1331+6 substance, or urine was above the legal limit defined in
1332+7 Section 11-501.1 or 11-501.8 or any amount of a drug,
1333+8 substance, or compound in the person's blood, other bodily
1334+9 substance, or urine resulting from the unlawful use or
1335+10 consumption of cannabis listed in the Cannabis Control
1336+11 Act, a controlled substance listed in the Illinois
1337+12 Controlled Substances Act, or methamphetamine as listed in
1338+13 the Methamphetamine Control and Community Protection Act
1339+14 as indicated by a police officer's sworn report or other
1340+15 verified evidence while holding a CLP or CDL; or
1341+16 (3) Conviction for a first violation of:
1342+17 (i) Driving a commercial motor vehicle or, if the
1343+18 driver is a CLP or CDL holder, driving a non-CMV while
1344+19 under the influence of alcohol, or any other drug, or
1345+20 combination of drugs to a degree which renders such
1346+21 person incapable of safely driving; or
1347+22 (ii) Knowingly leaving the scene of an accident
1348+23 while operating a commercial motor vehicle or, if the
1349+24 driver is a CLP or CDL holder, while driving a non-CMV;
1350+25 or
1351+26 (iii) Driving a commercial motor vehicle or, if
1352+
1353+
1354+
1355+
1356+
1357+ HB3149 Enrolled - 38 - LRB103 30978 MXP 57571 b
1358+
1359+
1360+HB3149 Enrolled- 39 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 39 - LRB103 30978 MXP 57571 b
1361+ HB3149 Enrolled - 39 - LRB103 30978 MXP 57571 b
1362+1 the driver is a CLP or CDL holder, driving a non-CMV
1363+2 while committing any felony; or
1364+3 (iv) Driving a commercial motor vehicle while the
1365+4 person's driving privileges or driver's license or
1366+5 permit is revoked, suspended, or cancelled or the
1367+6 driver is disqualified from operating a commercial
1368+7 motor vehicle; or
1369+8 (v) Causing a fatality through the negligent
1370+9 operation of a commercial motor vehicle, including but
1371+10 not limited to the crimes of motor vehicle
1372+11 manslaughter, homicide by a motor vehicle, and
1373+12 negligent homicide.
1374+13 As used in this subdivision (a)(3)(v), "motor
1375+14 vehicle manslaughter" means the offense of involuntary
1376+15 manslaughter if committed by means of a vehicle;
1377+16 "homicide by a motor vehicle" means the offense of
1378+17 first degree murder or second degree murder, if either
1379+18 offense is committed by means of a vehicle; and
1380+19 "negligent homicide" means reckless homicide under
1381+20 Section 9-3 of the Criminal Code of 1961 or the
1382+21 Criminal Code of 2012 and aggravated driving under the
1383+22 influence of alcohol, other drug or drugs,
1384+23 intoxicating compound or compounds, or any combination
1385+24 thereof under subdivision (d)(1)(F) of Section 11-501
1386+25 of this Code.
1387+26 If any of the above violations or refusals occurred
1388+
1389+
1390+
1391+
1392+
1393+ HB3149 Enrolled - 39 - LRB103 30978 MXP 57571 b
1394+
1395+
1396+HB3149 Enrolled- 40 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 40 - LRB103 30978 MXP 57571 b
1397+ HB3149 Enrolled - 40 - LRB103 30978 MXP 57571 b
1398+1 while transporting hazardous material(s) required to be
1399+2 placarded, the person shall be disqualified for a period
1400+3 of not less than 3 years; or
1401+4 (4) (Blank).
1402+5 (b) A person is disqualified for life for a second
1403+6 conviction of any of the offenses specified in paragraph (a),
1404+7 or any combination of those offenses, arising from 2 or more
1405+8 separate incidents.
1406+9 (c) A person is disqualified from driving a commercial
1407+10 motor vehicle for life if the person either (i) uses a
1408+11 commercial motor vehicle in the commission of any felony
1409+12 involving the manufacture, distribution, or dispensing of a
1410+13 controlled substance, or possession with intent to
1411+14 manufacture, distribute or dispense a controlled substance or
1412+15 (ii) if the person is a CLP or CDL holder, uses a non-CMV in
1413+16 the commission of a felony involving any of those activities.
1414+17 (d) The Secretary of State may, when the United States
1415+18 Secretary of Transportation so authorizes, issue regulations
1416+19 in which a disqualification for life under paragraph (b) may
1417+20 be reduced to a period of not less than 10 years. If a
1418+21 reinstated driver is subsequently convicted of another
1419+22 disqualifying offense, as specified in subsection (a) of this
1420+23 Section, he or she shall be permanently disqualified for life
1421+24 and shall be ineligible to again apply for a reduction of the
1422+25 lifetime disqualification.
1423+26 (e) A person is disqualified from driving a commercial
1424+
1425+
1426+
1427+
1428+
1429+ HB3149 Enrolled - 40 - LRB103 30978 MXP 57571 b
1430+
1431+
1432+HB3149 Enrolled- 41 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 41 - LRB103 30978 MXP 57571 b
1433+ HB3149 Enrolled - 41 - LRB103 30978 MXP 57571 b
1434+1 motor vehicle for a period of not less than 2 months if
1435+2 convicted of 2 serious traffic violations, committed in a
1436+3 commercial motor vehicle, non-CMV while holding a CLP or CDL,
1437+4 or any combination thereof, arising from separate incidents,
1438+5 occurring within a 3-year period, provided the serious traffic
1439+6 violation committed in a non-CMV would result in the
1440+7 suspension or revocation of the CLP or CDL holder's non-CMV
1441+8 privileges. However, a person will be disqualified from
1442+9 driving a commercial motor vehicle for a period of not less
1443+10 than 4 months if convicted of 3 serious traffic violations,
1444+11 committed in a commercial motor vehicle, non-CMV while holding
1445+12 a CLP or CDL, or any combination thereof, arising from
1446+13 separate incidents, occurring within a 3-year period, provided
1447+14 the serious traffic violation committed in a non-CMV would
1448+15 result in the suspension or revocation of the CLP or CDL
1449+16 holder's non-CMV privileges. If all the convictions occurred
1450+17 in a non-CMV, the disqualification shall be entered only if
1451+18 the convictions would result in the suspension or revocation
1452+19 of the CLP or CDL holder's non-CMV privileges.
1453+20 (e-1) (Blank).
1454+21 (f) Notwithstanding any other provision of this Code, any
1455+22 driver disqualified from operating a commercial motor vehicle,
1456+23 pursuant to this UCDLA, shall not be eligible for restoration
1457+24 of commercial driving privileges during any such period of
1458+25 disqualification.
1459+26 (g) After suspending, revoking, or cancelling a CLP or
1460+
1461+
1462+
1463+
1464+
1465+ HB3149 Enrolled - 41 - LRB103 30978 MXP 57571 b
1466+
1467+
1468+HB3149 Enrolled- 42 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 42 - LRB103 30978 MXP 57571 b
1469+ HB3149 Enrolled - 42 - LRB103 30978 MXP 57571 b
1470+1 CDL, the Secretary of State must update the driver's records
1471+2 to reflect such action within 10 days. After suspending or
1472+3 revoking the driving privilege of any person who has been
1473+4 issued a CLP or CDL from another jurisdiction, the Secretary
1474+5 shall originate notification to such issuing jurisdiction
1475+6 within 10 days.
1476+7 (h) The "disqualifications" referred to in this Section
1477+8 shall not be imposed upon any commercial motor vehicle driver,
1478+9 by the Secretary of State, unless the prohibited action(s)
1479+10 occurred after March 31, 1992.
1480+11 (i) A person is disqualified from driving a commercial
1481+12 motor vehicle in accordance with the following:
1482+13 (1) For 6 months upon a first conviction of paragraph
1483+14 (2) of subsection (b) or subsection (b-3) of Section 6-507
1484+15 of this Code.
1485+16 (2) For 2 years upon a second conviction of paragraph
1486+17 (2) of subsection (b) or subsection (b-3) or any
1487+18 combination of paragraphs (2) or (3) of subsection (b) or
1488+19 subsections (b-3) or (b-5) of Section 6-507 of this Code
1489+20 within a 10-year period if the second conviction is a
1490+21 violation of paragraph (2) of subsection (b) or subsection
1491+22 (b-3).
1492+23 (3) For 3 years upon a third or subsequent conviction
1493+24 of paragraph (2) of subsection (b) or subsection (b-3) or
1494+25 any combination of paragraphs (2) or (3) of subsection (b)
1495+26 or subsections (b-3) or (b-5) of Section 6-507 of this
1496+
1497+
1498+
1499+
1500+
1501+ HB3149 Enrolled - 42 - LRB103 30978 MXP 57571 b
1502+
1503+
1504+HB3149 Enrolled- 43 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 43 - LRB103 30978 MXP 57571 b
1505+ HB3149 Enrolled - 43 - LRB103 30978 MXP 57571 b
1506+1 Code within a 10-year period if the third or subsequent
1507+2 conviction is a violation of paragraph (2) of subsection
1508+3 (b) or subsection (b-3).
1509+4 (4) For one year upon a first conviction of paragraph
1510+5 (3) of subsection (b) or subsection (b-5) of Section 6-507
1511+6 of this Code.
1512+7 (5) For 3 years upon a second conviction of paragraph
1513+8 (3) of subsection (b) or subsection (b-5) or any
1514+9 combination of paragraphs (2) or (3) of subsection (b) or
1515+10 subsections (b-3) or (b-5) of Section 6-507 of this Code
1516+11 within a 10-year period if the second conviction is a
1517+12 violation of paragraph (3) of subsection (b) or (b-5).
1518+13 (6) For 5 years upon a third or subsequent conviction
1519+14 of paragraph (3) of subsection (b) or subsection (b-5) or
1520+15 any combination of paragraphs (2) or (3) of subsection (b)
1521+16 or subsections (b-3) or (b-5) of Section 6-507 of this
1522+17 Code within a 10-year period if the third or subsequent
1523+18 conviction is a violation of paragraph (3) of subsection
1524+19 (b) or (b-5).
1525+20 (j) Disqualification for railroad-highway grade crossing
1526+21 violation.
1527+22 (1) General rule. A driver who is convicted of a
1528+23 violation of a federal, State, or local law or regulation
1529+24 pertaining to one of the following 6 offenses at a
1530+25 railroad-highway grade crossing must be disqualified from
1531+26 operating a commercial motor vehicle for the period of
1532+
1533+
1534+
1535+
1536+
1537+ HB3149 Enrolled - 43 - LRB103 30978 MXP 57571 b
1538+
1539+
1540+HB3149 Enrolled- 44 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 44 - LRB103 30978 MXP 57571 b
1541+ HB3149 Enrolled - 44 - LRB103 30978 MXP 57571 b
1542+1 time specified in paragraph (2) of this subsection (j) if
1543+2 the offense was committed while operating a commercial
1544+3 motor vehicle:
1545+4 (i) For drivers who are not required to always
1546+5 stop, failing to slow down and check that the tracks
1547+6 are clear of an approaching train or railroad track
1548+7 equipment, as described in subsection (a-5) of Section
1549+8 11-1201 of this Code;
1550+9 (ii) For drivers who are not required to always
1551+10 stop, failing to stop before reaching the crossing, if
1552+11 the tracks are not clear, as described in subsection
1553+12 (a-1) (a) of Section 11-1201 of this Code;
1554+13 (iii) For drivers who are always required to stop,
1555+14 failing to stop before driving onto the crossing, as
1556+15 described in subsection (a-1) of Section 11-1202 of
1557+16 this Code;
1558+17 (iv) For all drivers, failing to have sufficient
1559+18 space to drive completely through the crossing without
1560+19 stopping, as described in subsection (b-5) (b) of
1561+20 Section 11-1425 of this Code;
1562+21 (v) For all drivers, failing to obey a traffic
1563+22 control device or the directions of an enforcement
1564+23 official at the crossing, as described in subdivision
1565+24 (2) of subsection (a-1) (a)2 of Section 11-1201 of
1566+25 this Code;
1567+26 (vi) For all drivers, failing to negotiate a
1568+
1569+
1570+
1571+
1572+
1573+ HB3149 Enrolled - 44 - LRB103 30978 MXP 57571 b
1574+
1575+
1576+HB3149 Enrolled- 45 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 45 - LRB103 30978 MXP 57571 b
1577+ HB3149 Enrolled - 45 - LRB103 30978 MXP 57571 b
1578+1 crossing because of insufficient undercarriage
1579+2 clearance, as described in subsection (d-1) of Section
1580+3 11-1201 of this Code.
1581+4 (2) Duration of disqualification for railroad-highway
1582+5 grade crossing violation.
1583+6 (i) First violation. A driver must be disqualified
1584+7 from operating a commercial motor vehicle for not less
1585+8 than 60 days if the driver is convicted of a violation
1586+9 described in paragraph (1) of this subsection (j) and,
1587+10 in the three-year period preceding the conviction, the
1588+11 driver had no convictions for a violation described in
1589+12 paragraph (1) of this subsection (j).
1590+13 (ii) Second violation. A driver must be
1591+14 disqualified from operating a commercial motor vehicle
1592+15 for not less than 120 days if the driver is convicted
1593+16 of a violation described in paragraph (1) of this
1594+17 subsection (j) and, in the three-year period preceding
1595+18 the conviction, the driver had one other conviction
1596+19 for a violation described in paragraph (1) of this
1597+20 subsection (j) that was committed in a separate
1598+21 incident.
1599+22 (iii) Third or subsequent violation. A driver must
1600+23 be disqualified from operating a commercial motor
1601+24 vehicle for not less than one year if the driver is
1602+25 convicted of a violation described in paragraph (1) of
1603+26 this subsection (j) and, in the three-year period
1604+
1605+
1606+
1607+
1608+
1609+ HB3149 Enrolled - 45 - LRB103 30978 MXP 57571 b
1610+
1611+
1612+HB3149 Enrolled- 46 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 46 - LRB103 30978 MXP 57571 b
1613+ HB3149 Enrolled - 46 - LRB103 30978 MXP 57571 b
1614+1 preceding the conviction, the driver had 2 or more
1615+2 other convictions for violations described in
1616+3 paragraph (1) of this subsection (j) that were
1617+4 committed in separate incidents.
1618+5 (k) Upon notification of a disqualification of a driver's
1619+6 commercial motor vehicle privileges imposed by the U.S.
1620+7 Department of Transportation, Federal Motor Carrier Safety
1621+8 Administration, in accordance with 49 CFR 383.52, the
1622+9 Secretary of State shall immediately record to the driving
1623+10 record the notice of disqualification and confirm to the
1624+11 driver the action that has been taken.
1625+12 (l) A foreign commercial driver is subject to
1626+13 disqualification under this Section.
1627+14 (m) A person shall be disqualified from operating a
1628+15 commercial motor vehicle for life if that individual uses a
1629+16 commercial motor vehicle in the commission of a felony
1630+17 involving an act or practice of severe forms of human
1631+18 trafficking, as defined in 22 U.S.C. 7102(11).
1632+19 (Source: P.A. 102-749, eff. 1-1-23.)
1633+20 (Text of Section after amendment by P.A. 102-982)
1634+21 Sec. 6-514. Commercial driver's license (CDL); commercial
1635+22 learner's permit (CLP); disqualifications.
1636+23 (a) A person shall be disqualified from driving a
1637+24 commercial motor vehicle for a period of not less than 12
1638+25 months for the first violation of:
1639+
1640+
1641+
1642+
1643+
1644+ HB3149 Enrolled - 46 - LRB103 30978 MXP 57571 b
1645+
1646+
1647+HB3149 Enrolled- 47 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 47 - LRB103 30978 MXP 57571 b
1648+ HB3149 Enrolled - 47 - LRB103 30978 MXP 57571 b
1649+1 (1) Refusing to submit to or failure to complete a
1650+2 test or tests to determine the driver's blood
1651+3 concentration of alcohol, other drug, or both while
1652+4 driving a commercial motor vehicle or, if the driver is a
1653+5 CLP or CDL holder, while driving a non-CMV; or
1654+6 (2) Operating a commercial motor vehicle while the
1655+7 alcohol concentration of the person's blood, breath, other
1656+8 bodily substance, or urine is at least 0.04, or any amount
1657+9 of a drug, substance, or compound in the person's blood,
1658+10 other bodily substance, or urine resulting from the
1659+11 unlawful use or consumption of cannabis listed in the
1660+12 Cannabis Control Act, a controlled substance listed in the
1661+13 Illinois Controlled Substances Act, or methamphetamine as
1662+14 listed in the Methamphetamine Control and Community
1663+15 Protection Act as indicated by a police officer's sworn
1664+16 report or other verified evidence; or operating a
1665+17 non-commercial motor vehicle while the alcohol
1666+18 concentration of the person's blood, breath, other bodily
1667+19 substance, or urine was above the legal limit defined in
1668+20 Section 11-501.1 or 11-501.8 or any amount of a drug,
1669+21 substance, or compound in the person's blood, other bodily
1670+22 substance, or urine resulting from the unlawful use or
1671+23 consumption of cannabis listed in the Cannabis Control
1672+24 Act, a controlled substance listed in the Illinois
1673+25 Controlled Substances Act, or methamphetamine as listed in
1674+26 the Methamphetamine Control and Community Protection Act
1675+
1676+
1677+
1678+
1679+
1680+ HB3149 Enrolled - 47 - LRB103 30978 MXP 57571 b
1681+
1682+
1683+HB3149 Enrolled- 48 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 48 - LRB103 30978 MXP 57571 b
1684+ HB3149 Enrolled - 48 - LRB103 30978 MXP 57571 b
1685+1 as indicated by a police officer's sworn report or other
1686+2 verified evidence while holding a CLP or CDL; or
1687+3 (3) Conviction for a first violation of:
1688+4 (i) Driving a commercial motor vehicle or, if the
1689+5 driver is a CLP or CDL holder, driving a non-CMV while
1690+6 under the influence of alcohol, or any other drug, or
1691+7 combination of drugs to a degree which renders such
1692+8 person incapable of safely driving; or
1693+9 (ii) Knowingly leaving the scene of a crash while
1694+10 operating a commercial motor vehicle or, if the driver
1695+11 is a CLP or CDL holder, while driving a non-CMV; or
1696+12 (iii) Driving a commercial motor vehicle or, if
1697+13 the driver is a CLP or CDL holder, driving a non-CMV
1698+14 while committing any felony; or
1699+15 (iv) Driving a commercial motor vehicle while the
1700+16 person's driving privileges or driver's license or
1701+17 permit is revoked, suspended, or cancelled or the
1702+18 driver is disqualified from operating a commercial
1703+19 motor vehicle; or
1704+20 (v) Causing a fatality through the negligent
1705+21 operation of a commercial motor vehicle, including but
1706+22 not limited to the crimes of motor vehicle
1707+23 manslaughter, homicide by a motor vehicle, and
1708+24 negligent homicide.
1709+25 As used in this subdivision (a)(3)(v), "motor
1710+26 vehicle manslaughter" means the offense of involuntary
1711+
1712+
1713+
1714+
1715+
1716+ HB3149 Enrolled - 48 - LRB103 30978 MXP 57571 b
1717+
1718+
1719+HB3149 Enrolled- 49 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 49 - LRB103 30978 MXP 57571 b
1720+ HB3149 Enrolled - 49 - LRB103 30978 MXP 57571 b
1721+1 manslaughter if committed by means of a vehicle;
1722+2 "homicide by a motor vehicle" means the offense of
1723+3 first degree murder or second degree murder, if either
1724+4 offense is committed by means of a vehicle; and
1725+5 "negligent homicide" means reckless homicide under
1726+6 Section 9-3 of the Criminal Code of 1961 or the
1727+7 Criminal Code of 2012 and aggravated driving under the
1728+8 influence of alcohol, other drug or drugs,
1729+9 intoxicating compound or compounds, or any combination
1730+10 thereof under subdivision (d)(1)(F) of Section 11-501
1731+11 of this Code.
1732+12 If any of the above violations or refusals occurred
1733+13 while transporting hazardous material(s) required to be
1734+14 placarded, the person shall be disqualified for a period
1735+15 of not less than 3 years; or
1736+16 (4) (Blank).
1737+17 (b) A person is disqualified for life for a second
1738+18 conviction of any of the offenses specified in paragraph (a),
1739+19 or any combination of those offenses, arising from 2 or more
1740+20 separate incidents.
1741+21 (c) A person is disqualified from driving a commercial
1742+22 motor vehicle for life if the person either (i) uses a
1743+23 commercial motor vehicle in the commission of any felony
1744+24 involving the manufacture, distribution, or dispensing of a
1745+25 controlled substance, or possession with intent to
1746+26 manufacture, distribute or dispense a controlled substance or
1747+
1748+
1749+
1750+
1751+
1752+ HB3149 Enrolled - 49 - LRB103 30978 MXP 57571 b
1753+
1754+
1755+HB3149 Enrolled- 50 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 50 - LRB103 30978 MXP 57571 b
1756+ HB3149 Enrolled - 50 - LRB103 30978 MXP 57571 b
1757+1 (ii) if the person is a CLP or CDL holder, uses a non-CMV in
1758+2 the commission of a felony involving any of those activities.
1759+3 (d) The Secretary of State may, when the United States
1760+4 Secretary of Transportation so authorizes, issue regulations
1761+5 in which a disqualification for life under paragraph (b) may
1762+6 be reduced to a period of not less than 10 years. If a
1763+7 reinstated driver is subsequently convicted of another
1764+8 disqualifying offense, as specified in subsection (a) of this
1765+9 Section, he or she shall be permanently disqualified for life
1766+10 and shall be ineligible to again apply for a reduction of the
1767+11 lifetime disqualification.
1768+12 (e) A person is disqualified from driving a commercial
1769+13 motor vehicle for a period of not less than 2 months if
1770+14 convicted of 2 serious traffic violations, committed in a
1771+15 commercial motor vehicle, non-CMV while holding a CLP or CDL,
1772+16 or any combination thereof, arising from separate incidents,
1773+17 occurring within a 3-year period, provided the serious traffic
1774+18 violation committed in a non-CMV would result in the
1775+19 suspension or revocation of the CLP or CDL holder's non-CMV
1776+20 privileges. However, a person will be disqualified from
1777+21 driving a commercial motor vehicle for a period of not less
1778+22 than 4 months if convicted of 3 serious traffic violations,
1779+23 committed in a commercial motor vehicle, non-CMV while holding
1780+24 a CLP or CDL, or any combination thereof, arising from
1781+25 separate incidents, occurring within a 3-year period, provided
1782+26 the serious traffic violation committed in a non-CMV would
1783+
1784+
1785+
1786+
1787+
1788+ HB3149 Enrolled - 50 - LRB103 30978 MXP 57571 b
1789+
1790+
1791+HB3149 Enrolled- 51 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 51 - LRB103 30978 MXP 57571 b
1792+ HB3149 Enrolled - 51 - LRB103 30978 MXP 57571 b
1793+1 result in the suspension or revocation of the CLP or CDL
1794+2 holder's non-CMV privileges. If all the convictions occurred
1795+3 in a non-CMV, the disqualification shall be entered only if
1796+4 the convictions would result in the suspension or revocation
1797+5 of the CLP or CDL holder's non-CMV privileges.
1798+6 (e-1) (Blank).
1799+7 (f) Notwithstanding any other provision of this Code, any
1800+8 driver disqualified from operating a commercial motor vehicle,
1801+9 pursuant to this UCDLA, shall not be eligible for restoration
1802+10 of commercial driving privileges during any such period of
1803+11 disqualification.
1804+12 (g) After suspending, revoking, or cancelling a CLP or
1805+13 CDL, the Secretary of State must update the driver's records
1806+14 to reflect such action within 10 days. After suspending or
1807+15 revoking the driving privilege of any person who has been
1808+16 issued a CLP or CDL from another jurisdiction, the Secretary
1809+17 shall originate notification to such issuing jurisdiction
1810+18 within 10 days.
1811+19 (h) The "disqualifications" referred to in this Section
1812+20 shall not be imposed upon any commercial motor vehicle driver,
1813+21 by the Secretary of State, unless the prohibited action(s)
1814+22 occurred after March 31, 1992.
1815+23 (i) A person is disqualified from driving a commercial
1816+24 motor vehicle in accordance with the following:
1817+25 (1) For 6 months upon a first conviction of paragraph
1818+26 (2) of subsection (b) or subsection (b-3) of Section 6-507
1819+
1820+
1821+
1822+
1823+
1824+ HB3149 Enrolled - 51 - LRB103 30978 MXP 57571 b
1825+
1826+
1827+HB3149 Enrolled- 52 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 52 - LRB103 30978 MXP 57571 b
1828+ HB3149 Enrolled - 52 - LRB103 30978 MXP 57571 b
1829+1 of this Code.
1830+2 (2) For 2 years upon a second conviction of paragraph
1831+3 (2) of subsection (b) or subsection (b-3) or any
1832+4 combination of paragraphs (2) or (3) of subsection (b) or
1833+5 subsections (b-3) or (b-5) of Section 6-507 of this Code
1834+6 within a 10-year period if the second conviction is a
1835+7 violation of paragraph (2) of subsection (b) or subsection
1836+8 (b-3).
1837+9 (3) For 3 years upon a third or subsequent conviction
1838+10 of paragraph (2) of subsection (b) or subsection (b-3) or
1839+11 any combination of paragraphs (2) or (3) of subsection (b)
1840+12 or subsections (b-3) or (b-5) of Section 6-507 of this
1841+13 Code within a 10-year period if the third or subsequent
1842+14 conviction is a violation of paragraph (2) of subsection
1843+15 (b) or subsection (b-3).
1844+16 (4) For one year upon a first conviction of paragraph
1845+17 (3) of subsection (b) or subsection (b-5) of Section 6-507
1846+18 of this Code.
1847+19 (5) For 3 years upon a second conviction of paragraph
1848+20 (3) of subsection (b) or subsection (b-5) or any
1849+21 combination of paragraphs (2) or (3) of subsection (b) or
1850+22 subsections (b-3) or (b-5) of Section 6-507 of this Code
1851+23 within a 10-year period if the second conviction is a
1852+24 violation of paragraph (3) of subsection (b) or (b-5).
1853+25 (6) For 5 years upon a third or subsequent conviction
1854+26 of paragraph (3) of subsection (b) or subsection (b-5) or
1855+
1856+
1857+
1858+
1859+
1860+ HB3149 Enrolled - 52 - LRB103 30978 MXP 57571 b
1861+
1862+
1863+HB3149 Enrolled- 53 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 53 - LRB103 30978 MXP 57571 b
1864+ HB3149 Enrolled - 53 - LRB103 30978 MXP 57571 b
1865+1 any combination of paragraphs (2) or (3) of subsection (b)
1866+2 or subsections (b-3) or (b-5) of Section 6-507 of this
1867+3 Code within a 10-year period if the third or subsequent
1868+4 conviction is a violation of paragraph (3) of subsection
1869+5 (b) or (b-5).
1870+6 (j) Disqualification for railroad-highway grade crossing
1871+7 violation.
1872+8 (1) General rule. A driver who is convicted of a
1873+9 violation of a federal, State, or local law or regulation
1874+10 pertaining to one of the following 6 offenses at a
1875+11 railroad-highway grade crossing must be disqualified from
1876+12 operating a commercial motor vehicle for the period of
1877+13 time specified in paragraph (2) of this subsection (j) if
1878+14 the offense was committed while operating a commercial
1879+15 motor vehicle:
1880+16 (i) For drivers who are not required to always
1881+17 stop, failing to slow down and check that the tracks
1882+18 are clear of an approaching train or railroad track
1883+19 equipment, as described in subsection (a-5) of Section
1884+20 11-1201 of this Code;
1885+21 (ii) For drivers who are not required to always
1886+22 stop, failing to stop before reaching the crossing, if
1887+23 the tracks are not clear, as described in subsection
1888+24 (a-1) (a) of Section 11-1201 of this Code;
1889+25 (iii) For drivers who are always required to stop,
1890+26 failing to stop before driving onto the crossing, as
1891+
1892+
1893+
1894+
1895+
1896+ HB3149 Enrolled - 53 - LRB103 30978 MXP 57571 b
1897+
1898+
1899+HB3149 Enrolled- 54 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 54 - LRB103 30978 MXP 57571 b
1900+ HB3149 Enrolled - 54 - LRB103 30978 MXP 57571 b
1901+1 described in subsection (a-1) of Section 11-1202 of
1902+2 this Code;
1903+3 (iv) For all drivers, failing to have sufficient
1904+4 space to drive completely through the crossing without
1905+5 stopping, as described in subsection (b-5) (b) of
1906+6 Section 11-1425 of this Code;
1907+7 (v) For all drivers, failing to obey a traffic
1908+8 control device or the directions of an enforcement
1909+9 official at the crossing, as described in subdivision
1910+10 (2) of subsection (a-1) (a)2 of Section 11-1201 of
1911+11 this Code;
1912+12 (vi) For all drivers, failing to negotiate a
1913+13 crossing because of insufficient undercarriage
1914+14 clearance, as described in subsection (d-1) of Section
1915+15 11-1201 of this Code.
1916+16 (2) Duration of disqualification for railroad-highway
1917+17 grade crossing violation.
1918+18 (i) First violation. A driver must be disqualified
1919+19 from operating a commercial motor vehicle for not less
1920+20 than 60 days if the driver is convicted of a violation
1921+21 described in paragraph (1) of this subsection (j) and,
1922+22 in the three-year period preceding the conviction, the
1923+23 driver had no convictions for a violation described in
1924+24 paragraph (1) of this subsection (j).
1925+25 (ii) Second violation. A driver must be
1926+26 disqualified from operating a commercial motor vehicle
1927+
1928+
1929+
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1936+ HB3149 Enrolled - 55 - LRB103 30978 MXP 57571 b
1937+1 for not less than 120 days if the driver is convicted
1938+2 of a violation described in paragraph (1) of this
1939+3 subsection (j) and, in the three-year period preceding
1940+4 the conviction, the driver had one other conviction
1941+5 for a violation described in paragraph (1) of this
1942+6 subsection (j) that was committed in a separate
1943+7 incident.
1944+8 (iii) Third or subsequent violation. A driver must
1945+9 be disqualified from operating a commercial motor
1946+10 vehicle for not less than one year if the driver is
1947+11 convicted of a violation described in paragraph (1) of
1948+12 this subsection (j) and, in the three-year period
1949+13 preceding the conviction, the driver had 2 or more
1950+14 other convictions for violations described in
1951+15 paragraph (1) of this subsection (j) that were
1952+16 committed in separate incidents.
1953+17 (k) Upon notification of a disqualification of a driver's
1954+18 commercial motor vehicle privileges imposed by the U.S.
1955+19 Department of Transportation, Federal Motor Carrier Safety
1956+20 Administration, in accordance with 49 CFR 383.52, the
1957+21 Secretary of State shall immediately record to the driving
1958+22 record the notice of disqualification and confirm to the
1959+23 driver the action that has been taken.
1960+24 (l) A foreign commercial driver is subject to
1961+25 disqualification under this Section.
1962+26 (m) A person shall be disqualified from operating a
1963+
1964+
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1969+
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1972+ HB3149 Enrolled - 56 - LRB103 30978 MXP 57571 b
1973+1 commercial motor vehicle for life if that individual uses a
1974+2 commercial motor vehicle in the commission of a felony
1975+3 involving an act or practice of severe forms of human
1976+4 trafficking, as defined in 22 U.S.C. 7102(11).
1977+5 (Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23;
1978+6 revised 12-14-22.)
1979+7 (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
1980+8 Sec. 7-315. A certificate of insurance proof.
1981+9 (a) Proof of financial responsibility may be made by
1982+10 filing with the Secretary of State the written or electronic
1983+11 certificate of any insurance carrier duly authorized to do
1984+12 business in this State, certifying that it has issued to or for
1985+13 the benefit of the person furnishing such proof and named as
1986+14 the insured in a motor vehicle liability policy, a motor
1987+15 vehicle liability policy or policies or in certain events an
1988+16 operator's policy meeting the requirements of this Code and
1989+17 that said policy or policies are then in full force and effect.
1990+18 All written or electronic certificates must be submitted in a
1991+19 manner satisfactory to the Secretary of State.
1992+20 (b) Such certificate or certificates shall give the dates
1993+21 of issuance and expiration of such policy or policies and
1994+22 certify that the same shall not be canceled unless 15 days'
1995+23 prior written or electronic notice thereof be given to the
1996+24 Secretary of State and shall explicitly describe all motor
1997+25 vehicles covered thereby unless the policy or policies are
1998+
1999+
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2007+ HB3149 Enrolled - 57 - LRB103 30978 MXP 57571 b
2008+1 issued to a person who is not the owner of a motor vehicle.
2009+2 (c) The Secretary of State shall not accept any
2010+3 certificate or certificates unless the same shall cover all
2011+4 motor vehicles then registered in this State in the name of the
2012+5 person furnishing such proof as owner and an additional
2013+6 certificate or certificates shall be required as a condition
2014+7 precedent to the subsequent registration of any motor vehicle
2015+8 or motor vehicles in the name of the person giving such proof
2016+9 as owner.
2017+10 (Source: P.A. 94-239, eff. 1-1-06.)
2018+11 (625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
2019+12 Sec. 7-318. Notice of cancellation or termination of
2020+13 certified policy Cancellation or Termination of Certified
2021+14 Policy. When an insurance carrier has certified a motor
2022+15 vehicle liability policy or policies under this Act, it shall
2023+16 notify the Secretary of State of any cancellation by
2024+17 submitting an mailing a written or electronic notice at least
2025+18 15 days prior to cancellation of such policy and the policy
2026+19 shall continue in full force and effect until the date of
2027+20 cancellation specified in such notice or until its expiration,
2028+21 except that such a policy subsequently procured and certified
2029+22 shall, on the effective date of its certification, terminate
2030+23 the insurance previously certified with respect to any vehicle
2031+24 designated in both certificates. All written or electronic
2032+25 certificates must be submitted in a manner satisfactory to the
2033+
2034+
2035+
2036+
2037+
2038+ HB3149 Enrolled - 57 - LRB103 30978 MXP 57571 b
2039+
2040+
2041+HB3149 Enrolled- 58 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 58 - LRB103 30978 MXP 57571 b
2042+ HB3149 Enrolled - 58 - LRB103 30978 MXP 57571 b
2043+1 Secretary of State.
2044+2 (Source: P.A. 94-239, eff. 1-1-06.)
2045+3 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
2046+4 Sec. 11-1201. Obedience to signal indicating approach of
2047+5 train or railroad track equipment.
2048+6 (a) Whenever any person driving a vehicle approaches a
2049+7 railroad grade crossing where the driver is not always
2050+8 required to stop, the person must exercise due care and
2051+9 caution as the existence of a railroad track across a highway
2052+10 is a warning of danger, and under any of the circumstances
2053+11 stated in this Section, the driver shall stop within 50 feet
2054+12 but not less than 15 feet from the nearest rail of the railroad
2055+13 and shall not proceed until the tracks are clear and he or she
2056+14 can do so safely. The foregoing requirements shall apply when:
2057+15 1. A clearly visible electric or mechanical signal
2058+16 device gives warning of the immediate approach of a
2059+17 railroad train or railroad track equipment;
2060+18 2. A crossing gate is lowered or a human flagman gives
2061+19 or continues to give a signal of the approach or passage of
2062+20 a railroad train or railroad track equipment;
2063+21 3. A railroad train or railroad track equipment
2064+22 approaching a highway crossing emits a warning signal and
2065+23 such railroad train or railroad track equipment, by reason
2066+24 of its speed or nearness to such crossing, is an immediate
2067+25 hazard;
2068+
2069+
2070+
2071+
2072+
2073+ HB3149 Enrolled - 58 - LRB103 30978 MXP 57571 b
2074+
2075+
2076+HB3149 Enrolled- 59 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 59 - LRB103 30978 MXP 57571 b
2077+ HB3149 Enrolled - 59 - LRB103 30978 MXP 57571 b
2078+1 4. An approaching railroad train or railroad track
2079+2 equipment is plainly visible and is in hazardous proximity
2080+3 to such crossing;
2081+4 5. A railroad train or railroad track equipment is
2082+5 approaching so closely that an immediate hazard is
2083+6 created.
2084+7 (a-1) Whenever any person driving a commercial motor
2085+8 vehicle, as defined in Section 6-500 of this Code, approaches
2086+9 a railroad grade crossing where the driver is not always
2087+10 required to stop, the person must exercise due care and
2088+11 caution as the existence of a railroad track across a highway
2089+12 is a warning of danger, and under any of the circumstances
2090+13 stated in this Section, the driver shall stop within 50 feet
2091+14 but not less than 15 feet from the nearest rail of the railroad
2092+15 and shall not proceed until the tracks are clear and he or she
2093+16 can do so safely. The foregoing requirements shall apply when:
2094+17 1. A clearly visible electric or mechanical signal
2095+18 device gives warning of the immediate approach of a
2096+19 railroad train or railroad track equipment;
2097+20 2. A crossing gate is lowered or a human flagman gives
2098+21 or continues to give a signal of the approach or passage of
2099+22 a railroad train or railroad track equipment;
2100+23 3. A railroad train or railroad track equipment
2101+24 approaching a highway crossing emits a warning signal and
2102+25 such railroad train or railroad track equipment, by reason
2103+26 of its speed or nearness to such crossing, is an immediate
2104+
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2106+
2107+
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2111+
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2113+ HB3149 Enrolled - 60 - LRB103 30978 MXP 57571 b
2114+1 hazard;
2115+2 4. An approaching railroad train or railroad track
2116+3 equipment is plainly visible and is in hazardous proximity
2117+4 to such crossing;
2118+5 5. A railroad train or railroad track equipment is
2119+6 approaching so closely that an immediate hazard is
2120+7 created.
2121+8 (a-5) Whenever a person driving a commercial motor
2122+9 vehicle, as defined in Section 6-500 of this Code, vehicle
2123+10 approaches a railroad grade crossing where the driver is not
2124+11 always required to stop but must slow down, the person must
2125+12 exercise due care and caution as the existence of a railroad
2126+13 track across a highway is a warning of danger, and under any of
2127+14 the circumstances stated in this Section, the driver shall
2128+15 slow down within 50 feet but not less than 15 feet from the
2129+16 nearest rail of the railroad and shall not proceed until he or
2130+17 she checks that the tracks are clear of an approaching train or
2131+18 railroad track equipment.
2132+19 (b) No person shall drive any vehicle through, around or
2133+20 under any crossing gate or barrier at a railroad crossing
2134+21 while such gate or barrier is closed or is being opened or
2135+22 closed.
2136+23 (c) The Department, and local authorities with the
2137+24 approval of the Department, are hereby authorized to designate
2138+25 particularly dangerous highway grade crossings of railroads
2139+26 and to erect stop signs thereat. When such stop signs are
2140+
2141+
2142+
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2144+
2145+ HB3149 Enrolled - 60 - LRB103 30978 MXP 57571 b
2146+
2147+
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2149+ HB3149 Enrolled - 61 - LRB103 30978 MXP 57571 b
2150+1 erected the driver of any vehicle shall stop within 50 feet but
2151+2 not less than 15 feet from the nearest rail of such railroad
2152+3 and shall proceed only upon exercising due care.
2153+4 (d) At any railroad grade crossing provided with railroad
2154+5 crossbuck signs, without automatic, electric, or mechanical
2155+6 signal devices, crossing gates, or a human flagman giving a
2156+7 signal of the approach or passage of a train or railroad track
2157+8 equipment, the driver of a vehicle shall in obedience to the
2158+9 railroad crossbuck sign, yield the right-of-way and slow down
2159+10 to a speed reasonable for the existing conditions and shall
2160+11 stop, if required for safety, at a clearly marked stopped
2161+12 line, or if no stop line, within 50 feet but not less than 15
2162+13 feet from the nearest rail of the railroad and shall not
2163+14 proceed until he or she can do so safely. If a driver is
2164+15 involved in a collision at a railroad crossing or interferes
2165+16 with the movement of a train or railroad track equipment after
2166+17 driving past the railroad crossbuck sign, the collision or
2167+18 interference is prima facie evidence of the driver's failure
2168+19 to yield right-of-way.
2169+20 (d-1) No person shall, while driving a commercial motor
2170+21 vehicle, fail to negotiate a railroad-highway grade railroad
2171+22 crossing because of insufficient undercarriage clearance.
2172+23 (d-5) (Blank).
2173+24 (e) It is unlawful to violate any part of this Section.
2174+25 (1) A violation of this Section is a petty offense for
2175+26 which a fine of $500 shall be imposed for a first
2176+
2177+
2178+
2179+
2180+
2181+ HB3149 Enrolled - 61 - LRB103 30978 MXP 57571 b
2182+
2183+
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2185+ HB3149 Enrolled - 62 - LRB103 30978 MXP 57571 b
2186+1 violation, and a fine of $1,000 shall be imposed for a
2187+2 second or subsequent violation. The court may impose 25
2188+3 hours of community service in place of the $500 fine for
2189+4 the first violation.
2190+5 (2) For a second or subsequent violation, the
2191+6 Secretary of State may suspend the driving privileges of
2192+7 the offender for a minimum of 6 months.
2193+8 (f) Corporate authorities of municipal corporations
2194+9 regulating operators of vehicles that fail to obey signals
2195+10 indicating the presence, approach, passage, or departure of a
2196+11 train or railroad track equipment shall impose fines as
2197+12 established in subsection (e) of this Section.
2198+13 (Source: P.A. 99-663, eff. 1-1-17.)
2199+14 (625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)
2200+15 Sec. 11-1202. Certain vehicles must stop at all railroad
2201+16 grade crossings.
2202+17 (a) The driver of any of the following vehicles shall,
2203+18 before crossing a railroad track or tracks at grade, stop such
2204+19 vehicle within 50 feet but not less than 15 feet from the
2205+20 nearest rail and, while so stopped, shall listen and look for
2206+21 the approach of a train or railroad track equipment and shall
2207+22 not proceed until such movement can be made with safety:
2208+23 1. Any second division vehicle carrying passengers for
2209+24 hire;
2210+25 2. Any bus that meets all of the special requirements
2211+
2212+
2213+
2214+
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2217+
2218+
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2220+ HB3149 Enrolled - 63 - LRB103 30978 MXP 57571 b
2221+1 for school buses in Sections 12-801, 12-803, and 12-805 of
2222+2 this Code. The driver of the bus, in addition to complying
2223+3 with all other applicable requirements of this subsection
2224+4 (a), must also (i) turn off all noise producing
2225+5 accessories, including heater blowers, defroster fans,
2226+6 auxiliary fans, and radios, and (ii) open the service door
2227+7 and driver's window, before crossing a railroad track or
2228+8 tracks;
2229+9 3. (Blank). Any other vehicle which is required by
2230+10 Federal or State law to be placarded when carrying as a
2231+11 cargo or part of a cargo hazardous material as defined in
2232+12 the "Illinois Hazardous Materials Transportation Act".
2233+13 (a-1) The driver of any of the following vehicles shall,
2234+14 before crossing a railroad track or tracks at grade, stop such
2235+15 vehicle within 50 feet but not less than 15 feet from the
2236+16 nearest rail and, while so stopped, shall listen and look for
2237+17 the approach of a train or railroad track equipment and shall
2238+18 not proceed until such movement can be made with safety:
2239+19 1. A commercial motor vehicle, as defined in Section
2240+20 6-500 of this Code, carrying passengers for hire;
2241+21 2. Any bus that meets all of the special requirements
2242+22 for school buses in Sections 12-801, 12-803, and 12-805 of
2243+23 this Code and is designed to transport 16 or more persons,
2244+24 including the driver. The driver of the bus, in addition
2245+25 to complying with all other applicable requirements of
2246+26 this subsection (a-1), must also (i) turn off all noise
2247+
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2256+ HB3149 Enrolled - 64 - LRB103 30978 MXP 57571 b
2257+1 producing accessories, including heater blowers, defroster
2258+2 fans, auxiliary fans, and radios, and (ii) open the
2259+3 service door and driver's window, before crossing a
2260+4 railroad track or tracks;
2261+5 3. Any other vehicle which is required by federal or
2262+6 State law to be placarded when carrying as a cargo or part
2263+7 of a cargo hazardous material as defined in the Illinois
2264+8 Hazardous Materials Transportation Act.
2265+9 After stopping as required in this Section, the driver
2266+10 shall proceed only in a gear not requiring a change of gears
2267+11 during the crossing, and the driver shall not shift gears
2268+12 while crossing the track or tracks.
2269+13 (b) This Section shall not apply:
2270+14 1. At any railroad grade crossing where traffic is
2271+15 controlled by a police officer or flagperson;
2272+16 2. At any railroad grade crossing controlled by a
2273+17 functioning traffic-control signal transmitting a green
2274+18 indication which, under law, permits the vehicle to
2275+19 proceed across the railroad tracks without slowing or
2276+20 stopping, except that subsection (a) shall apply to any
2277+21 school bus;
2278+22 3. At any streetcar grade crossing within a business
2279+23 or residence district; or
2280+24 4. At any abandoned, industrial or spur track railroad
2281+25 grade crossing designated as exempt by the Illinois
2282+26 Commerce Commission and marked with an official sign as
2283+
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2292+ HB3149 Enrolled - 65 - LRB103 30978 MXP 57571 b
2293+1 authorized in the State Manual on Uniform Traffic Control
2294+2 Devices for Streets and Highways.
2295+3 (Source: P.A. 95-756, eff. 1-1-09; 96-1244, eff. 1-1-11.)
2296+4 (625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
2297+5 Sec. 11-1425. Stop when traffic obstructed.
2298+6 (a) No driver shall enter an intersection or a marked
2299+7 crosswalk or drive onto any railroad grade crossing unless
2300+8 there is sufficient space on the other side of the
2301+9 intersection, crosswalk or railroad grade crossing to
2302+10 accommodate the vehicle he is operating without obstructing
2303+11 the passage of other vehicles, pedestrians or railroad trains
2304+12 notwithstanding any traffic-control signal indication to
2305+13 proceed.
2306+14 (b) No driver shall enter a highway rail grade crossing
2307+15 unless there is sufficient space on the other side of the
2308+16 highway rail grade crossing to accommodate the vehicle being
2309+17 operated without obstructing the passage of a train or other
2310+18 railroad equipment using the rails, notwithstanding any
2311+19 traffic-control signal indication to proceed.
2312+20 (b-5) No driver operating a commercial motor vehicle, as
2313+21 defined in Section 6-500 of this Code, shall enter a highway
2314+22 rail grade crossing unless there is sufficient space on the
2315+23 other side of the highway rail grade crossing to accommodate
2316+24 the vehicle being operated without obstructing the passage of
2317+25 a train or other railroad equipment using the rails,
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2328+1 notwithstanding any traffic-control signal indication to
2329+2 proceed.
2330+3 (c) (Blank).
2331+4 (d) Beginning with the effective date of this amendatory
2332+5 Act of the 95th General Assembly, the Secretary of State shall
2333+6 suspend for a period of one month the driving privileges of any
2334+7 person convicted of a violation of subsection (b) of this
2335+8 Section or a similar provision of a local ordinance; the
2336+9 Secretary shall suspend for a period of 3 months the driving
2337+10 privileges of any person convicted of a second or subsequent
2338+11 violation of subsection (b) of this Section or a similar
2339+12 provision of a local ordinance if the second or subsequent
2340+13 violation occurs within 5 years of a prior conviction for the
2341+14 same offense. In addition to the suspensions authorized by
2342+15 this Section, any person convicted of violating subsection (b)
2343+16 of this Section or a similar provision of a local ordinance
2344+17 shall be subject to a mandatory fine of $500 or 50 hours of
2345+18 community service. Any person given a disposition of court
2346+19 supervision for violating subsection (b) of this Section or a
2347+20 similar provision of a local ordinance shall also be subject
2348+21 to a mandatory fine of $500 or 50 hours of community service.
2349+22 Upon a second or subsequent violation, in addition to the
2350+23 suspensions authorized by this Section, the person shall be
2351+24 subject to a mandatory fine of $500 and 50 hours community
2352+25 service. The Secretary may also grant, for the duration of any
2353+26 suspension issued under this subsection, a restricted driving
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2363+ HB3149 Enrolled - 67 - LRB103 30978 MXP 57571 b
2364+1 permit granting the privilege of driving a motor vehicle
2365+2 between the driver's residence and place of employment or
2366+3 within other proper limits that the Secretary of State shall
2367+4 find necessary to avoid any undue hardship. A restricted
2368+5 driving permit issued hereunder shall be subject to
2369+6 cancellation, revocation and suspension by the Secretary of
2370+7 State in like manner and for like cause as a driver's license
2371+8 may be cancelled, revoked or suspended; except that a
2372+9 conviction upon one or more offenses against laws or
2373+10 ordinances regulating the movement of traffic shall be deemed
2374+11 sufficient cause for the revocation, suspension or
2375+12 cancellation of the restricted driving permit. The Secretary
2376+13 of State may, as a condition to the issuance of a restricted
2377+14 driving permit, require the applicant to participate in a
2378+15 designated driver remedial or rehabilitative program. Any
2379+16 conviction for a violation of this subsection shall be
2380+17 included as an offense for the purposes of determining
2381+18 suspension action under any other provision of this Code,
2382+19 provided however, that the penalties provided under this
2383+20 subsection shall be imposed unless those penalties imposed
2384+21 under other applicable provisions are greater.
2385+22 (Source: P.A. 95-753, eff. 1-1-09.)
2386+23 Section 95. No acceleration or delay. Where this Act makes
2387+24 changes in a statute that is represented in this Act by text
2388+25 that is not yet or no longer in effect (for example, a Section
2389+
2390+
2391+
2392+
2393+
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2395+
2396+
2397+HB3149 Enrolled- 68 -LRB103 30978 MXP 57571 b HB3149 Enrolled - 68 - LRB103 30978 MXP 57571 b
2398+ HB3149 Enrolled - 68 - LRB103 30978 MXP 57571 b
2399+1 represented by multiple versions), the use of that text does
2400+2 not accelerate or delay the taking effect of (i) the changes
2401+3 made by this Act or (ii) provisions derived from any other
2402+4 Public Act.
2403+5 Section 99. Effective date. This Act takes effect upon
2404+6 becoming law.
2405+
2406+
2407+
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