Public Act 103-0179
HB3149 EnrolledLRB103 30978 MXP 57571 b HB3149 Enrolled LRB103 30978 MXP 57571 b
HB3149 Enrolled LRB103 30978 MXP 57571 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-500, 6-507.5, 6-514, 7-315, 7-318,
11-1201, 11-1202, and 11-1425 and by adding Section 6-508.5 as
follows:
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
HB3149 Enrolled LRB103 30978 MXP 57571 b
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the
Commercial Driver's License Information System, or CDLIS,
established under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor
vehicle or combination of motor vehicles used in commerce,
except those referred to in subdivision (B), designed to
transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001
pounds or more), whichever is greater, inclusive of
any towed unit with a gross vehicle weight rating or
gross vehicle weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater; or
(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,
including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway
Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense
or the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on
active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the
Methamphetamine Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated revocation of pretrial release; a plea
of guilty or nolo contendere accepted by the court; or the
payment of a fine or court cost regardless of whether the
imposition of sentence is deferred and ultimately a judgment
dismissing the underlying charge is entered.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
(13.6) Drug and alcohol clearinghouse. "Drug and alcohol
clearinghouse" means a database system established by the
Federal Motor Carrier Safety Administration that permits the
access and retrieval of a drug and alcohol testing violation
or violations precluding an applicant or employee from
occupying safety-sensitive positions involving the operation
of a commercial motor vehicle.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed
as a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees.
An owner-operator on a long-term lease shall be considered an
employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate
such a vehicle. A person who is self-employed as a commercial
motor vehicle driver must comply with the requirements of this
UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the
individual to operate certain types of commercial motor
vehicles.
(15.2) Entry-level driver training. "Entry-level driver
training" means the training an entry-level driver receives
from an entity listed on the Federal Motor Carrier Safety
Administration's Training Provider Registry prior to: (i)
taking the CDL skills test required to receive the Class A or
Class B CDL for the first time; (ii) taking the CDL skills test
required to upgrade to a Class A or Class B CDL; or (iii)
taking the CDL skills test required to obtain a passenger or
school bus endorsement for the first time or the CDL knowledge
test required to obtain a hazardous materials endorsement for
the first time.
(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
or 398.3 from all or part of the qualification requirements of
49 C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle accident.
(16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a
citizen of a foreign country who operates a commercial motor
vehicle in the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the
definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may occur
before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and
non-domiciled CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for
a period of more than 29 days.
(21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of
Certified Medical Examiners in accordance with Federal Motor
Carrier Safety Regulations, 49 CFR 390.101 et seq.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means either (1) prior to June 22, 2021, a
document prescribed or approved by the Secretary of State that
is issued by a medical examiner to a driver to medically
qualify him or her to drive; or (2) beginning June 22, 2021, an
electronic submission of results of an examination conducted
by a medical examiner listed on the National Registry of
Certified Medical Examiners to the Federal Motor Carrier
Safety Administration of a driver to medically qualify him or
her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means
a report of the driving status and history of a driver
generated from the driver record provided to users, such as
drivers or employers, and is subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in
interstate commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.
(25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not
include a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CLP
or CDL, of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per
hour or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection
with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CLP or CDL;
or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or
(viii) a violation relating to texting while
driving; or
(ix) a violation relating to the use of a
hand-held mobile telephone while driving; or
(B) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States,
the District of Columbia and any province or territory of
Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more
than a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:
(i) inputting, selecting, or reading information
on a global positioning system or navigation system;
or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills
test examiners to administer the CDL skills tests specified in
49 C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by
pressing more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93
and adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the
Commercial Driver's License Information System, or CDLIS,
established under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor
vehicle or combination of motor vehicles used in commerce,
except those referred to in subdivision (B), designed to
transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001
pounds or more), whichever is greater, inclusive of
any towed unit with a gross vehicle weight rating or
gross vehicle weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater; or
(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,
including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway
Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense
or the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on
active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the
Methamphetamine Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated revocation of pretrial release; a plea
of guilty or nolo contendere accepted by the court; or the
payment of a fine or court cost regardless of whether the
imposition of sentence is deferred and ultimately a judgment
dismissing the underlying charge is entered.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
(13.6) Drug and alcohol clearinghouse. "Drug and alcohol
clearinghouse" means a database system established by the
Federal Motor Carrier Safety Administration that permits the
access and retrieval of a drug and alcohol testing violation
or violations precluding an applicant or employee from
occupying safety-sensitive positions involving the operation
of a commercial motor vehicle.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed
as a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees.
An owner-operator on a long-term lease shall be considered an
employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate
such a vehicle. A person who is self-employed as a commercial
motor vehicle driver must comply with the requirements of this
UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the
individual to operate certain types of commercial motor
vehicles.
(15.2) Entry-level driver training. "Entry-level driver
training" means the training an entry-level driver receives
from an entity listed on the Federal Motor Carrier Safety
Administration's Training Provider Registry prior to: (i)
taking the CDL skills test required to receive the Class A or
Class B CDL for the first time; (ii) taking the CDL skills test
required to upgrade to a Class A or Class B CDL; or (iii)
taking the CDL skills test required to obtain a passenger or
school bus endorsement for the first time or the CDL knowledge
test required to obtain a hazardous materials endorsement for
the first time.
(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
or 398.3 from all or part of the qualification requirements of
49 C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle crash.
(16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a
citizen of a foreign country who operates a commercial motor
vehicle in the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the
definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may occur
before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and
non-domiciled CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for
a period of more than 29 days.
(21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of
Certified Medical Examiners in accordance with Federal Motor
Carrier Safety Regulations, 49 CFR 390.101 et seq.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means either (1) prior to June 22, 2021, a
document prescribed or approved by the Secretary of State that
is issued by a medical examiner to a driver to medically
qualify him or her to drive; or (2) beginning June 22, 2021, an
electronic submission of results of an examination conducted
by a medical examiner listed on the National Registry of
Certified Medical Examiners to the Federal Motor Carrier
Safety Administration of a driver to medically qualify him or
her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means
a report of the driving status and history of a driver
generated from the driver record provided to users, such as
drivers or employers, and is subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in
interstate commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.
(25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not
include a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CLP
or CDL, of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per
hour or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection
with a fatal traffic crash; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CLP or CDL;
or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or
(viii) a violation relating to texting while
driving; or
(ix) a violation relating to the use of a
hand-held mobile telephone while driving; or
(B) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States,
the District of Columbia and any province or territory of
Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more
than a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:
(i) inputting, selecting, or reading information
on a global positioning system or navigation system;
or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills
test examiners to administer the CDL skills tests specified in
49 C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by
pressing more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93
and adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;
102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
(625 ILCS 5/6-507.5)
Sec. 6-507.5. Application for Commercial Learner's Permit
(CLP).
(a) The application for a CLP must include, but is not
limited to, the following:
(1) the driver applicant's full legal name and current
Illinois domiciliary address, unless the driver applicant
is from a foreign country and is applying for a
non-domiciled CLP in which case the driver applicant shall
submit proof of Illinois residency or the driver applicant
is from another state and is applying for a non-domiciled
CLP in which case the driver applicant shall submit proof
of domicile in the state which issued the driver
applicant's Non-CDL;
(2) a physical description of the driver applicant
including gender, height, weight, color of eyes, and hair
color;
(3) date of birth;
(4) the driver applicant's social security number;
(5) the driver applicant's signature;
(6) the names of all states where the driver applicant
has previously been licensed to drive any type of motor
vehicle during the previous 10 years under 49 C.F.R. Part
383;
(7) proof of citizenship or lawful permanent residency
as set forth in Table 1 of 49 C.F.R. 383.71, unless the
driver applicant is from a foreign country and is applying
for a non-domiciled CLP, in which case the applicant must
provide an unexpired employment authorization document
(EAD) issued by USCIS or an unexpired foreign passport
accompanied by an approved I-94 form documenting the
applicant's most recent admittance into the United States;
and
(8) any other information required by the Secretary of
State.
(b) Except as provided in subsection (b-5), no CLP shall
be issued to a driver applicant unless the applicant has taken
and passed a general knowledge test that meets the federal
standards contained in 49 C.F.R. Part 383, subparts F, G, and H
for the commercial motor vehicle the applicant expects to
operate.
(b-5) The Secretary of State may waive the general
knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a
qualifying driver applicant of a commercial learner's permit.
A qualifying driver applicant shall:
(1) be a current resident of this State;
(2) be a current or former member of the military
services, including a member of any reserve component or
National Guard unit;
(3) within one year prior to the application, have
been regularly employed in a military position that
requires the operation of large trucks;
(4) have received formal military training in the
operation of a vehicle similar to the commercial motor
vehicle the applicant expects to operate; and
(5) provide the Secretary of State with a general
knowledge test waiver form signed by the applicant and his
or her commanding officer certifying that the applicant
qualifies for the general knowledge test waiver.
(c) No CLP shall be issued to a driver applicant unless the
applicant possesses a valid Illinois driver's license or if
the applicant is applying for a non-domiciled CLP under
subsection (b) of Section 6-509 of this Code, in which case the
driver applicant must possess a valid driver's license from
his or her state of domicile.
(d) No CLP shall be issued to a person under 18 years of
age.
(e) No person shall be issued a CLP unless the person
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(f) No person shall be issued a CLP unless the person
certifies to the Secretary that he or she is not subject to any
disqualification under 49 C.F.R. 383.51, or any license
disqualification under State law, and that he or she does not
have a driver's license from more than one state or
jurisdiction.
(g) No CLP shall be issued to a person while the person is
subject to a disqualification from driving a commercial motor
vehicle, unless otherwise permitted by this Code, while the
person's driver's license is suspended, revoked, or cancelled
in any state, or any territory or province of Canada; nor may a
CLP be issued to a person who has a CLP or CDL issued by any
other state or foreign jurisdiction, unless the person
surrenders all of these licenses. No CLP shall be issued to or
renewed for a person who does not meet the requirement of 49
C.F.R. 391.41(b)(11). The requirement may be met with the aid
of a hearing aid.
(h) No CLP with a Passenger, School Bus or Tank Vehicle
endorsement shall be issued to a person unless the driver
applicant has taken and passed the knowledge test for each
endorsement.
(1) A CLP holder with a Passenger (P) endorsement is
prohibited from operating a CMV carrying passengers, other
than federal or State auditors and inspectors, test
examiners, or other trainees, and the CDL holder
accompanying the CLP holder as prescribed by subsection
(a) of Section 6-507 of this Code. The P endorsement must
be class specific.
(2) A CLP holder with a School Bus (S) endorsement is
prohibited from operating a school bus with passengers
other than federal or State auditors and inspectors, test
examiners, or other trainees, and the CDL holder
accompanying the CLP holder as prescribed by subsection
(a) of Section 6-507 of this Code.
(3) A CLP holder with a Tank Vehicle (N) endorsement
may only operate an empty tank vehicle and is prohibited
from operating any tank vehicle that previously contained
hazardous material that has not been purged of all
residue.
(4) All other federal endorsements are prohibited on a
CLP.
(i) No CLP holder may operate a commercial motor vehicle
transporting hazardous material as defined in paragraph (20)
of Section 6-500 of this Code.
(j) The CLP holder must be accompanied by the holder of a
valid CDL who has the proper CDL group and endorsement
necessary to operate the CMV. The CDL holder must at all times
be physically present in the front seat of the vehicle next to
the CLP holder or, in the case of a passenger vehicle, directly
behind or in the first row behind the driver and must have the
CLP holder under observation and direct supervision.
(k) A CLP is valid for 12 months 180 days from the date of
issuance. A CLP may be renewed for an additional 180 days
without requiring the CLP holder to retake the general and
endorsement knowledge tests.
(l) A CLP issued prior to July 1, 2014 for a limited time
period according to state requirements, shall be considered a
valid commercial driver's license for purposes of
behind-the-wheel training on public roads or highways.
(Source: P.A. 100-223, eff. 8-18-17.)
(625 ILCS 5/6-508.5 new)
Sec. 6-508.5. Drug and alcohol clearinghouse.
(a) No driver who has engaged in conduct prohibited by
subpart B of 49 CFR 382 shall perform safety-sensitive
functions, including driving a commercial motor vehicle,
unless the driver has met the return to duty requirements of
subpart O of 49 CFR 40 and, if the driver's CDL or CLP was
canceled, has had the CDL or CLP reinstated.
(b) By applying for a CDL or CLP, a driver is deemed to
have consented to the release of information from the drug and
alcohol clearinghouse to the Secretary of State.
(c) No later than November 18, 2024, the Secretary shall
request information from the drug and alcohol clearinghouse
for all applicants applying for an initial, renewal, transfer,
or upgraded CDL or CLP. If the Secretary receives notification
that pursuant to 49 CFR 382.503 the applicant is prohibited
from operating a commercial motor vehicle, the Secretary shall
not issue, renew, transfer, or upgrade a CDL or CLP.
(d) No later than November 18, 2024, the Secretary must,
upon receiving notification from the drug and alcohol
clearinghouse that a holder of a CDL or CLP is prohibited from
operating a commercial motor vehicle, cancel the CDL or CLP.
The cancellation must be completed and recorded on the CDLIS
driver record within 60 days after the State's receipt of such
a notification. Upon notification from the Federal Motor
Carrier Safety Administration that a driver has completed the
return-to-duty process, the Secretary may reinstate the
driver's CDL or CLP privileges.
(e) Upon notification from the Federal Motor Carrier
Safety Administration that a violation was entered into the
drug and alcohol clearinghouse erroneously, the Secretary
shall reinstate the driver's CDL or CLP privileges and remove
the cancellation from the driving record.
(625 ILCS 5/6-514)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a
test or tests to determine the driver's blood
concentration of alcohol, other drug, or both while
driving a commercial motor vehicle or, if the driver is a
CLP or CDL holder, while driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath, other
bodily substance, or urine is at least 0.04, or any amount
of a drug, substance, or compound in the person's blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, other bodily
substance, or urine was above the legal limit defined in
Section 11-501.1 or 11-501.8 or any amount of a drug,
substance, or compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
under the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CLP or CDL holder, while driving a non-CMV;
or
(iii) Driving a commercial motor vehicle or, if
the driver is a CLP or CDL holder, driving a non-CMV
while committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period
of not less than 3 years; or
(4) (Blank).
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CLP or CDL holder, uses a non-CMV in
the commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may
be reduced to a period of not less than 10 years. If a
reinstated driver is subsequently convicted of another
disqualifying offense, as specified in subsection (a) of this
Section, he or she shall be permanently disqualified for life
and shall be ineligible to again apply for a reduction of the
lifetime disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3-year period, provided the serious traffic
violation committed in a non-CMV would result in the
suspension or revocation of the CLP or CDL holder's non-CMV
privileges. However, a person will be disqualified from
driving a commercial motor vehicle for a period of not less
than 4 months if convicted of 3 serious traffic violations,
committed in a commercial motor vehicle, non-CMV while holding
a CLP or CDL, or any combination thereof, arising from
separate incidents, occurring within a 3-year period, provided
the serious traffic violation committed in a non-CMV would
result in the suspension or revocation of the CLP or CDL
holder's non-CMV privileges. If all the convictions occurred
in a non-CMV, the disqualification shall be entered only if
the convictions would result in the suspension or revocation
of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a CLP or
CDL, the Secretary of State must update the driver's records
to reflect such action within 10 days. After suspending or
revoking the driving privilege of any person who has been
issued a CLP or CDL from another jurisdiction, the Secretary
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of
time specified in paragraph (2) of this subsection (j) if
the offense was committed while operating a commercial
motor vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a-1) (a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in subsection (a-1) of Section 11-1202 of
this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b-5) (b) of
Section 11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(2) of subsection (a-1) (a)2 of Section 11-1201 of
this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction
for a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 CFR 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the
driver the action that has been taken.
(l) A foreign commercial driver is subject to
disqualification under this Section.
(m) A person shall be disqualified from operating a
commercial motor vehicle for life if that individual uses a
commercial motor vehicle in the commission of a felony
involving an act or practice of severe forms of human
trafficking, as defined in 22 U.S.C. 7102(11).
(Source: P.A. 102-749, eff. 1-1-23.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a
test or tests to determine the driver's blood
concentration of alcohol, other drug, or both while
driving a commercial motor vehicle or, if the driver is a
CLP or CDL holder, while driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath, other
bodily substance, or urine is at least 0.04, or any amount
of a drug, substance, or compound in the person's blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, other bodily
substance, or urine was above the legal limit defined in
Section 11-501.1 or 11-501.8 or any amount of a drug,
substance, or compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
under the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of a crash while
operating a commercial motor vehicle or, if the driver
is a CLP or CDL holder, while driving a non-CMV; or
(iii) Driving a commercial motor vehicle or, if
the driver is a CLP or CDL holder, driving a non-CMV
while committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period
of not less than 3 years; or
(4) (Blank).
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CLP or CDL holder, uses a non-CMV in
the commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may
be reduced to a period of not less than 10 years. If a
reinstated driver is subsequently convicted of another
disqualifying offense, as specified in subsection (a) of this
Section, he or she shall be permanently disqualified for life
and shall be ineligible to again apply for a reduction of the
lifetime disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3-year period, provided the serious traffic
violation committed in a non-CMV would result in the
suspension or revocation of the CLP or CDL holder's non-CMV
privileges. However, a person will be disqualified from
driving a commercial motor vehicle for a period of not less
than 4 months if convicted of 3 serious traffic violations,
committed in a commercial motor vehicle, non-CMV while holding
a CLP or CDL, or any combination thereof, arising from
separate incidents, occurring within a 3-year period, provided
the serious traffic violation committed in a non-CMV would
result in the suspension or revocation of the CLP or CDL
holder's non-CMV privileges. If all the convictions occurred
in a non-CMV, the disqualification shall be entered only if
the convictions would result in the suspension or revocation
of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a CLP or
CDL, the Secretary of State must update the driver's records
to reflect such action within 10 days. After suspending or
revoking the driving privilege of any person who has been
issued a CLP or CDL from another jurisdiction, the Secretary
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of
time specified in paragraph (2) of this subsection (j) if
the offense was committed while operating a commercial
motor vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a-1) (a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in subsection (a-1) of Section 11-1202 of
this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b-5) (b) of
Section 11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(2) of subsection (a-1) (a)2 of Section 11-1201 of
this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction
for a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 CFR 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the
driver the action that has been taken.
(l) A foreign commercial driver is subject to
disqualification under this Section.
(m) A person shall be disqualified from operating a
commercial motor vehicle for life if that individual uses a
commercial motor vehicle in the commission of a felony
involving an act or practice of severe forms of human
trafficking, as defined in 22 U.S.C. 7102(11).
(Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23;
revised 12-14-22.)
(625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
Sec. 7-315. A certificate of insurance proof.
(a) Proof of financial responsibility may be made by
filing with the Secretary of State the written or electronic
certificate of any insurance carrier duly authorized to do
business in this State, certifying that it has issued to or for
the benefit of the person furnishing such proof and named as
the insured in a motor vehicle liability policy, a motor
vehicle liability policy or policies or in certain events an
operator's policy meeting the requirements of this Code and
that said policy or policies are then in full force and effect.
All written or electronic certificates must be submitted in a
manner satisfactory to the Secretary of State.
(b) Such certificate or certificates shall give the dates
of issuance and expiration of such policy or policies and
certify that the same shall not be canceled unless 15 days'
prior written or electronic notice thereof be given to the
Secretary of State and shall explicitly describe all motor
vehicles covered thereby unless the policy or policies are
issued to a person who is not the owner of a motor vehicle.
(c) The Secretary of State shall not accept any
certificate or certificates unless the same shall cover all
motor vehicles then registered in this State in the name of the
person furnishing such proof as owner and an additional
certificate or certificates shall be required as a condition
precedent to the subsequent registration of any motor vehicle
or motor vehicles in the name of the person giving such proof
as owner.
(Source: P.A. 94-239, eff. 1-1-06.)
(625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
Sec. 7-318. Notice of cancellation or termination of
certified policy Cancellation or Termination of Certified
Policy. When an insurance carrier has certified a motor
vehicle liability policy or policies under this Act, it shall
notify the Secretary of State of any cancellation by
submitting an mailing a written or electronic notice at least
15 days prior to cancellation of such policy and the policy
shall continue in full force and effect until the date of
cancellation specified in such notice or until its expiration,
except that such a policy subsequently procured and certified
shall, on the effective date of its certification, terminate
the insurance previously certified with respect to any vehicle
designated in both certificates. All written or electronic
certificates must be submitted in a manner satisfactory to the
Secretary of State.
(Source: P.A. 94-239, eff. 1-1-06.)
(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of
train or railroad track equipment.
(a) Whenever any person driving a vehicle approaches a
railroad grade crossing where the driver is not always
required to stop, the person must exercise due care and
caution as the existence of a railroad track across a highway
is a warning of danger, and under any of the circumstances
stated in this Section, the driver shall stop within 50 feet
but not less than 15 feet from the nearest rail of the railroad
and shall not proceed until the tracks are clear and he or she
can do so safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal
device gives warning of the immediate approach of a
railroad train or railroad track equipment;
2. A crossing gate is lowered or a human flagman gives
or continues to give a signal of the approach or passage of
a railroad train or railroad track equipment;
3. A railroad train or railroad track equipment
approaching a highway crossing emits a warning signal and
such railroad train or railroad track equipment, by reason
of its speed or nearness to such crossing, is an immediate
hazard;
4. An approaching railroad train or railroad track
equipment is plainly visible and is in hazardous proximity
to such crossing;
5. A railroad train or railroad track equipment is
approaching so closely that an immediate hazard is
created.
(a-1) Whenever any person driving a commercial motor
vehicle, as defined in Section 6-500 of this Code, approaches
a railroad grade crossing where the driver is not always
required to stop, the person must exercise due care and
caution as the existence of a railroad track across a highway
is a warning of danger, and under any of the circumstances
stated in this Section, the driver shall stop within 50 feet
but not less than 15 feet from the nearest rail of the railroad
and shall not proceed until the tracks are clear and he or she
can do so safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal
device gives warning of the immediate approach of a
railroad train or railroad track equipment;
2. A crossing gate is lowered or a human flagman gives
or continues to give a signal of the approach or passage of
a railroad train or railroad track equipment;
3. A railroad train or railroad track equipment
approaching a highway crossing emits a warning signal and
such railroad train or railroad track equipment, by reason
of its speed or nearness to such crossing, is an immediate
hazard;
4. An approaching railroad train or railroad track
equipment is plainly visible and is in hazardous proximity
to such crossing;
5. A railroad train or railroad track equipment is
approaching so closely that an immediate hazard is
created.
(a-5) Whenever a person driving a commercial motor
vehicle, as defined in Section 6-500 of this Code, vehicle
approaches a railroad grade crossing where the driver is not
always required to stop but must slow down, the person must
exercise due care and caution as the existence of a railroad
track across a highway is a warning of danger, and under any of
the circumstances stated in this Section, the driver shall
slow down within 50 feet but not less than 15 feet from the
nearest rail of the railroad and shall not proceed until he or
she checks that the tracks are clear of an approaching train or
railroad track equipment.
(b) No person shall drive any vehicle through, around or
under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or
closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to designate
particularly dangerous highway grade crossings of railroads
and to erect stop signs thereat. When such stop signs are
erected the driver of any vehicle shall stop within 50 feet but
not less than 15 feet from the nearest rail of such railroad
and shall proceed only upon exercising due care.
(d) At any railroad grade crossing provided with railroad
crossbuck signs, without automatic, electric, or mechanical
signal devices, crossing gates, or a human flagman giving a
signal of the approach or passage of a train or railroad track
equipment, the driver of a vehicle shall in obedience to the
railroad crossbuck sign, yield the right-of-way and slow down
to a speed reasonable for the existing conditions and shall
stop, if required for safety, at a clearly marked stopped
line, or if no stop line, within 50 feet but not less than 15
feet from the nearest rail of the railroad and shall not
proceed until he or she can do so safely. If a driver is
involved in a collision at a railroad crossing or interferes
with the movement of a train or railroad track equipment after
driving past the railroad crossbuck sign, the collision or
interference is prima facie evidence of the driver's failure
to yield right-of-way.
(d-1) No person shall, while driving a commercial motor
vehicle, fail to negotiate a railroad-highway grade railroad
crossing because of insufficient undercarriage clearance.
(d-5) (Blank).
(e) It is unlawful to violate any part of this Section.
(1) A violation of this Section is a petty offense for
which a fine of $500 shall be imposed for a first
violation, and a fine of $1,000 shall be imposed for a
second or subsequent violation. The court may impose 25
hours of community service in place of the $500 fine for
the first violation.
(2) For a second or subsequent violation, the
Secretary of State may suspend the driving privileges of
the offender for a minimum of 6 months.
(f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals
indicating the presence, approach, passage, or departure of a
train or railroad track equipment shall impose fines as
established in subsection (e) of this Section.
(Source: P.A. 99-663, eff. 1-1-17.)
(625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)
Sec. 11-1202. Certain vehicles must stop at all railroad
grade crossings.
(a) The driver of any of the following vehicles shall,
before crossing a railroad track or tracks at grade, stop such
vehicle within 50 feet but not less than 15 feet from the
nearest rail and, while so stopped, shall listen and look for
the approach of a train or railroad track equipment and shall
not proceed until such movement can be made with safety:
1. Any second division vehicle carrying passengers for
hire;
2. Any bus that meets all of the special requirements
for school buses in Sections 12-801, 12-803, and 12-805 of
this Code. The driver of the bus, in addition to complying
with all other applicable requirements of this subsection
(a), must also (i) turn off all noise producing
accessories, including heater blowers, defroster fans,
auxiliary fans, and radios, and (ii) open the service door
and driver's window, before crossing a railroad track or
tracks;
3. (Blank). Any other vehicle which is required by
Federal or State law to be placarded when carrying as a
cargo or part of a cargo hazardous material as defined in
the "Illinois Hazardous Materials Transportation Act".
(a-1) The driver of any of the following vehicles shall,
before crossing a railroad track or tracks at grade, stop such
vehicle within 50 feet but not less than 15 feet from the
nearest rail and, while so stopped, shall listen and look for
the approach of a train or railroad track equipment and shall
not proceed until such movement can be made with safety:
1. A commercial motor vehicle, as defined in Section
6-500 of this Code, carrying passengers for hire;
2. Any bus that meets all of the special requirements
for school buses in Sections 12-801, 12-803, and 12-805 of
this Code and is designed to transport 16 or more persons,
including the driver. The driver of the bus, in addition
to complying with all other applicable requirements of
this subsection (a-1), must also (i) turn off all noise
producing accessories, including heater blowers, defroster
fans, auxiliary fans, and radios, and (ii) open the
service door and driver's window, before crossing a
railroad track or tracks;
3. Any other vehicle which is required by federal or
State law to be placarded when carrying as a cargo or part
of a cargo hazardous material as defined in the Illinois
Hazardous Materials Transportation Act.
After stopping as required in this Section, the driver
shall proceed only in a gear not requiring a change of gears
during the crossing, and the driver shall not shift gears
while crossing the track or tracks.
(b) This Section shall not apply:
1. At any railroad grade crossing where traffic is
controlled by a police officer or flagperson;
2. At any railroad grade crossing controlled by a
functioning traffic-control signal transmitting a green
indication which, under law, permits the vehicle to
proceed across the railroad tracks without slowing or
stopping, except that subsection (a) shall apply to any
school bus;
3. At any streetcar grade crossing within a business
or residence district; or
4. At any abandoned, industrial or spur track railroad
grade crossing designated as exempt by the Illinois
Commerce Commission and marked with an official sign as
authorized in the State Manual on Uniform Traffic Control
Devices for Streets and Highways.
(Source: P.A. 95-756, eff. 1-1-09; 96-1244, eff. 1-1-11.)
(625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
Sec. 11-1425. Stop when traffic obstructed.
(a) No driver shall enter an intersection or a marked
crosswalk or drive onto any railroad grade crossing unless
there is sufficient space on the other side of the
intersection, crosswalk or railroad grade crossing to
accommodate the vehicle he is operating without obstructing
the passage of other vehicles, pedestrians or railroad trains
notwithstanding any traffic-control signal indication to
proceed.
(b) No driver shall enter a highway rail grade crossing
unless there is sufficient space on the other side of the
highway rail grade crossing to accommodate the vehicle being
operated without obstructing the passage of a train or other
railroad equipment using the rails, notwithstanding any
traffic-control signal indication to proceed.
(b-5) No driver operating a commercial motor vehicle, as
defined in Section 6-500 of this Code, shall enter a highway
rail grade crossing unless there is sufficient space on the
other side of the highway rail grade crossing to accommodate
the vehicle being operated without obstructing the passage of
a train or other railroad equipment using the rails,
notwithstanding any traffic-control signal indication to
proceed.
(c) (Blank).
(d) Beginning with the effective date of this amendatory
Act of the 95th General Assembly, the Secretary of State shall
suspend for a period of one month the driving privileges of any
person convicted of a violation of subsection (b) of this
Section or a similar provision of a local ordinance; the
Secretary shall suspend for a period of 3 months the driving
privileges of any person convicted of a second or subsequent
violation of subsection (b) of this Section or a similar
provision of a local ordinance if the second or subsequent
violation occurs within 5 years of a prior conviction for the
same offense. In addition to the suspensions authorized by
this Section, any person convicted of violating subsection (b)
of this Section or a similar provision of a local ordinance
shall be subject to a mandatory fine of $500 or 50 hours of
community service. Any person given a disposition of court
supervision for violating subsection (b) of this Section or a
similar provision of a local ordinance shall also be subject
to a mandatory fine of $500 or 50 hours of community service.
Upon a second or subsequent violation, in addition to the
suspensions authorized by this Section, the person shall be
subject to a mandatory fine of $500 and 50 hours community
service. The Secretary may also grant, for the duration of any
suspension issued under this subsection, a restricted driving
permit granting the privilege of driving a motor vehicle
between the driver's residence and place of employment or
within other proper limits that the Secretary of State shall
find necessary to avoid any undue hardship. A restricted
driving permit issued hereunder shall be subject to
cancellation, revocation and suspension by the Secretary of
State in like manner and for like cause as a driver's license
may be cancelled, revoked or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension or
cancellation of the restricted driving permit. The Secretary
of State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. Any
conviction for a violation of this subsection shall be
included as an offense for the purposes of determining
suspension action under any other provision of this Code,
provided however, that the penalties provided under this
subsection shall be imposed unless those penalties imposed
under other applicable provisions are greater.
(Source: P.A. 95-753, eff. 1-1-09.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.