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| Public Act 103-0140 | ||||
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AN ACT concerning State Government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Secretary of State Act is amended by | ||||
changing Section 37 as follows: | ||||
(15 ILCS 305/37) | ||||
Sec. 37. Study on age-related changes that affect driving | ||||
abilities. By October 1, 2023, the Secretary of State shall | ||||
conduct a study on age-related changes in vision, physical | ||||
functioning, and the ability to reason and remember, as well | ||||
as any other diseases and medications that might affect safe | ||||
driving abilities. When conducting the study, the Secretary of | ||||
State may utilize data or academic studies conducted by other | ||||
sources, including, but not limited to, other states, the | ||||
Centers for Disease Control and Prevention, the American | ||||
Geriatrics Society, and the National Highway Traffic Safety | ||||
Administration. Upon completion of the study, if the study | ||||
shows that there is no immediate risk to public safety, the | ||||
Secretary of State may adopt administrative rules to raise or | ||||
lower the age requirement for actual demonstrations, provided | ||||
that the required age shall be no lower than the minimum age | ||||
required under subsection (c) of Section 6-109 of the Illinois | ||||
Vehicle Code.
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(Source: P.A. 102-1103, eff. 12-6-22.)
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Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 6-109 as follows:
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(625 ILCS 5/6-109)
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Sec. 6-109. Examination of applicants. | ||
(a) The Secretary of State shall examine every applicant | ||
for a driver's
license or permit who has not been previously | ||
licensed as a driver under the
laws of this State or any other | ||
state or country, or any applicant for renewal
of such | ||
driver's license or permit when such license or permit has | ||
been expired
for more than one year. The Secretary of State | ||
shall, subject to the
provisions of paragraph (c), examine | ||
every licensed driver at least every 8
years, and may examine | ||
or re-examine any other applicant or licensed driver,
provided | ||
that during the years 1984 through 1991 those drivers issued a | ||
license
for 3 years may be re-examined not less than every 7 | ||
years or more than every
10 years. | ||
The Secretary of State shall require the testing of the | ||
eyesight of any
driver's license or permit applicant who has | ||
not been previously licensed
as a driver under the laws of this | ||
State and shall promulgate rules and
regulations to provide | ||
for the orderly administration of all the provisions of
this | ||
Section. | ||
The Secretary of State shall include at least one test | ||
question that concerns the provisions of the Pedestrians with | ||
Disabilities Safety Act in the question pool used for the | ||
written portion of the driver's license examination within one | ||
year after July 22, 2010 (the effective date of Public Act | ||
96-1167). | ||
The Secretary of State shall include, in the question pool | ||
used for the written portion of the driver's license | ||
examination, test questions concerning safe driving in the | ||
presence of bicycles, of which one may be concerning the Dutch | ||
Reach method as described in Section 2-112. | ||
The Secretary of State shall include, in the question pool | ||
used for the written portion of the driver's license | ||
examination, at least one test question concerning driver | ||
responsibilities when approaching a stationary emergency | ||
vehicle as described in Section 11-907. | ||
(b) Except as provided for those applicants in paragraph | ||
(c), such
examination shall include a test of the applicant's
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eyesight, his or her ability to read and understand official | ||
traffic control devices,
his or her knowledge of safe driving | ||
practices and the traffic laws of this State,
and may include | ||
an actual demonstration of the applicant's ability to exercise
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ordinary and reasonable control of the operation of a motor | ||
vehicle, and
such further physical and mental examination as | ||
the Secretary of State finds
necessary to determine the | ||
applicant's fitness to operate a motor vehicle
safely on the | ||
highways, except the examination of an applicant 75 years
of | ||
age or older or, if the Secretary adopts rules under Section 37 | ||
of the Secretary of State Act to raise the age requirement for | ||
actual demonstrations, the examination of an applicant who has | ||
attained that increased age or is older shall include an | ||
actual demonstration of the applicant's
ability to exercise | ||
ordinary and reasonable control of the operation of
a motor | ||
vehicle. All portions of written and verbal examinations under
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this Section, excepting where the English language appears on | ||
facsimiles
of road signs, may be given in the Spanish language | ||
and, at the discretion
of the Secretary of State, in any other | ||
language as well as in English upon
request of the examinee. | ||
Deaf persons who are otherwise qualified are not
prohibited | ||
from being issued a license, other than a commercial driver's
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license, under this Code. | ||
(c) Re-examination for those applicants who at the time of | ||
renewing their
driver's license possess a driving record | ||
devoid of any convictions of traffic
violations or evidence of | ||
committing an offense
for which mandatory revocation
would be | ||
required upon conviction pursuant to Section 6-205 at the time
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of renewal shall be in a manner prescribed by the Secretary
in | ||
order to determine an applicant's ability to safely operate a | ||
motor
vehicle,
except that every applicant for the renewal of | ||
a driver's license who is
75 years of age or older or, if the | ||
Secretary adopts rules under Section 37 of the Secretary of | ||
State Act to raise the age requirement for actual | ||
demonstrations, every applicant for the renewal of a driver's | ||
license who has attained that increased age or is older must | ||
prove, by an actual demonstration,
the applicant's ability to | ||
exercise reasonable care in the safe operation
of a motor | ||
vehicle. | ||
(d) In the event the applicant is not ineligible under the | ||
provisions of
Section 6-103 to receive a driver's license, the | ||
Secretary of State
shall make provision for giving an | ||
examination, either in the county where
the applicant resides | ||
or at a place adjacent thereto reasonably convenient
to the | ||
applicant, within not more than 30 days from the date said
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application is received. | ||
(e) The Secretary of State may adopt rules regarding the | ||
use of foreign language interpreters during the application | ||
and examination process. | ||
(Source: P.A. 100-770, eff. 1-1-19; 100-962, eff. 1-1-19; | ||
101-81, eff. 7-12-19; 101-174, eff. 1-1-20.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||