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| Public Act 094-0897 |
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AN ACT concerning transportation.
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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 Illinois Vehicle Code is amended by changing | ||||
Section 6-107 as follows:
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(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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Sec. 6-107. Graduated license.
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(a) The purpose of the Graduated
Licensing Program is to | ||||
develop safe and mature driving habits in young,
inexperienced | ||||
drivers and reduce or prevent motor vehicle accidents,
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fatalities,
and injuries by:
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(1) providing for an increase in the time of practice | ||||
period before
granting
permission to obtain a driver's | ||||
license;
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(2) strengthening driver licensing and testing | ||||
standards for persons under
the age of 21 years;
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(3) sanctioning driving privileges of drivers under | ||||
age 21 who have
committed serious traffic violations or | ||||
other specified offenses; and
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(4) setting stricter standards to promote the public's | ||||
health and
safety.
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(b) The application of any person under
the age of 18 | ||||
years, and not legally emancipated by marriage, for a drivers
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license or permit to operate a motor vehicle issued under the | ||||
laws of this
State, shall be accompanied by the written consent | ||||
of either parent of the
applicant; otherwise by the guardian | ||||
having custody of the applicant, or
in the event there is no | ||||
parent or guardian, then by another responsible adult. The | ||||
written consent must accompany any application for a driver's | ||||
license under this subsection (b), regardless of whether or not | ||||
the required written consent also accompanied the person's | ||||
previous application for an instruction permit.
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No graduated driver's license shall be issued to any | ||
applicant under 18
years
of age, unless the applicant is at | ||
least 16 years of age and has:
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(1) Held a valid instruction permit for a minimum of 3 | ||
months.
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(2) Passed an approved driver education course
and | ||
submits proof of having passed the course as may
be | ||
required.
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(3) certification by the parent, legal guardian, or | ||
responsible adult that
the applicant has had a minimum of | ||
50
25 hours of behind-the-wheel practice time, at least 10 | ||
hours of which have been at night,
and is sufficiently | ||
prepared and able to safely operate a motor vehicle.
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(c) No graduated driver's license or permit shall be issued | ||
to
any applicant under 18
years of age who has committed the | ||
offense of operating a motor vehicle
without a valid license or | ||
permit in violation of Section 6-101 of this Code
and no | ||
graduated driver's
license or permit shall be issued to any | ||
applicant under 18 years of age
who has committed an offense | ||
that would otherwise result in a
mandatory revocation of a | ||
license or permit as provided in Section 6-205 of
this Code or | ||
who has been either convicted of or adjudicated a delinquent | ||
based
upon a violation of the Cannabis Control Act, the | ||
Illinois Controlled
Substances Act, or the Methamphetamine | ||
Control and Community Protection Act while that individual was | ||
in actual physical control of a motor
vehicle. For purposes of | ||
this Section, any person placed on probation under
Section 10 | ||
of the Cannabis Control Act, Section 410 of the Illinois
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Controlled Substances Act, or Section 70 of the Methamphetamine | ||
Control and Community Protection Act shall not be considered | ||
convicted. Any person found
guilty of this offense, while in | ||
actual physical control of a motor vehicle,
shall have an entry | ||
made in the court record by the judge that this offense did
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occur while the person was in actual physical control of a | ||
motor vehicle and
order the clerk of the court to report the | ||
violation to the Secretary of State
as such.
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(d) No graduated driver's license shall be issued for 6 | ||
months to any
applicant
under
the
age of 18 years who has been | ||
convicted of any offense defined as a serious
traffic violation | ||
in this Code or
a similar provision of a local ordinance.
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(e) No graduated driver's license holder under the age
of | ||
18 years shall operate any
motor vehicle, except a motor driven | ||
cycle or motorcycle, with
more than one passenger in the front | ||
seat of the motor vehicle
and no more passengers in the back | ||
seats than the number of available seat
safety belts as set | ||
forth in Section 12-603 of this Code.
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(f) No graduated driver's license holder under the age of | ||
18 shall operate a
motor vehicle unless each driver and | ||
passenger under the
age of 19 is wearing a properly adjusted | ||
and fastened seat safety belt and each child under the age of 8 | ||
is protected as required under the Child Passenger Protection | ||
Act.
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(g) If a graduated driver's license holder is under the age | ||
of 18 when he
or she receives the license, for the first 6 | ||
months he or she holds the license
or
until he or she reaches | ||
the age of 18, whichever occurs sooner, the graduated
license
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holder may not operate a motor vehicle with more than one | ||
passenger in the
vehicle
who is under the age of 20, unless any | ||
additional passenger or passengers are
siblings, | ||
step-siblings, children, or stepchildren of the driver.
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(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239, | ||
eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; revised | ||
8-19-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||