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| Public Act 098-0052 | ||||
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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 6-508 as follows: | ||||
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
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Sec. 6-508. Commercial Driver's License (CDL) - | ||||
qualification standards.
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(a) Testing.
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(1) General. No person shall be issued an original or | ||||
renewal CDL
unless that person is
domiciled in this State. | ||||
The Secretary shall cause to be administered such
tests as | ||||
the Secretary deems necessary to meet the requirements of | ||||
49
C.F.R. Part 383, subparts F, G, H, and J.
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(2) Third party testing. The Secretary of state may | ||||
authorize a
"third party tester", pursuant to 49 C.F.R. | ||||
Part 383.75, to administer the
skills test or tests | ||||
specified by Federal Motor Carrier Safety
Administration | ||||
pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | ||||
and any appropriate federal rule.
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(b) Waiver of Skills Test. The Secretary of State may waive | ||||
the skills
test specified in this Section for a driver | ||||
applicant for a commercial driver license
who meets the | ||||
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
The | ||
Secretary of State shall waive the skills tests specified in | ||
this Section for a driver applicant who has military commercial | ||
motor vehicle experience, subject to the requirements of 49 | ||
C.F.R. 383.77.
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(b-1) No person shall be issued a commercial driver | ||
instruction permit or CDL 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. | ||
(b-2) Persons who hold a commercial driver instruction | ||
permit or CDL on January 30, 2012 must certify to the Secretary | ||
no later than January 30, 2014 one of the following applicable | ||
self-certifications: | ||
(1) non-excepted interstate; | ||
(2) non-excepted intrastate; | ||
(3) excepted interstate; or | ||
(4) excepted intrastate. | ||
(c) Limitations on issuance of a CDL. A CDL, or a | ||
commercial driver
instruction permit, shall not be issued to a | ||
person while the person is
subject to a disqualification from | ||
driving a commercial motor vehicle, or
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 CDL be issued
to a person who | ||
has a CDL issued by any other state, or foreign
jurisdiction, | ||
unless the person first surrenders all such
licenses. No CDL | ||
shall be issued to or renewed for a person who does not
meet | ||
the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||
met with
the aid of a hearing aid.
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(c-1) The Secretary may issue a CDL with a school bus | ||
driver endorsement
to allow a person to drive the type of bus | ||
described in subsection (d-5) of
Section 6-104 of this Code. | ||
The CDL with a school bus driver endorsement may be
issued only | ||
to a person meeting the following requirements:
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(1) the person has submitted his or her fingerprints to | ||
the
Department of State Police in the form and manner
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prescribed by the Department of State Police. These
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fingerprints shall be checked against the fingerprint | ||
records
now and hereafter filed in the Department of State | ||
Police and
Federal Bureau of Investigation criminal | ||
history records databases;
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(2) the person has passed a written test, administered | ||
by the Secretary of
State, on charter bus operation, | ||
charter bus safety, and certain special
traffic laws
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relating to school buses determined by the Secretary of | ||
State to be relevant to
charter buses, and submitted to a | ||
review of the driver applicant's driving
habits by the | ||
Secretary of State at the time the written test is given;
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(3) the person has demonstrated physical fitness to | ||
operate school buses
by
submitting the results of a medical | ||
examination, including tests for drug
use; and
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(4) the person has not been convicted of committing or | ||
attempting
to commit any
one or more of the following | ||
offenses: (i) those offenses defined in
Sections 8-1.2, | ||
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||
10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
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11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||
11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||
12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||
12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||
12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
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20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||
24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||
Section 12-3.05, and in subsection (a) and subsection (b), | ||
clause (1), of Section
12-4, and in subsection (A), clauses | ||
(a) and (b), of Section 24-3, and those offenses contained | ||
in Article 29D of the Criminal Code of 1961 or the Criminal | ||
Code of 2012; (ii) those offenses defined in the
Cannabis | ||
Control Act except those offenses defined in subsections | ||
(a) and
(b) of Section 4, and subsection (a) of Section 5 | ||
of the Cannabis Control
Act; (iii) those offenses defined | ||
in the Illinois Controlled Substances
Act; (iv) those | ||
offenses defined in the Methamphetamine Control and | ||
Community Protection Act; (v) any offense committed or | ||
attempted in any other state or against
the laws of the | ||
United States, which if committed or attempted in this
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State would be punishable as one or more of the foregoing | ||
offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||
of the Wrongs to Children Act or Section 11-9.1A of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||
those offenses defined in Section 6-16 of the Liquor | ||
Control Act of
1934; and (viii) those offenses defined in | ||
the Methamphetamine Precursor Control Act.
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The Department of State Police shall charge
a fee for | ||
conducting the criminal history records check, which shall be
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deposited into the State Police Services Fund and may not | ||
exceed the actual
cost of the records check.
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(c-2) The Secretary shall issue a CDL with a school bus | ||
endorsement to allow a person to drive a school bus as defined | ||
in this Section. The CDL shall be issued according to the | ||
requirements outlined in 49 C.F.R. 383. A person may not | ||
operate a school bus as defined in this Section without a | ||
school bus endorsement. The Secretary of State may adopt rules | ||
consistent with Federal guidelines to implement this | ||
subsection (c-2).
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(d) Commercial driver instruction permit. A commercial | ||
driver
instruction permit may be issued to any person holding a | ||
valid Illinois
driver's license if such person successfully | ||
passes such tests as the
Secretary determines to be necessary.
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A commercial driver instruction permit shall not be issued to a | ||
person who
does not meet
the requirements of 49 CFR 391.41 | ||
(b)(11), except for the renewal of a
commercial driver
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instruction permit for a person who possesses a commercial | ||
instruction permit
prior to the
effective date of this | ||
amendatory Act of 1999.
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(Source: P.A. 96-1182, eff. 7-22-10; 96-1551, Article 1, | ||
Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff. | ||
7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||
eff. 1-1-13; 97-1150, eff. 1-25-13.)
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