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| Public Act 098-0722 | ||||
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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 | ||||
Sections 6-500, 6-506, 6-514, and 6-518 as follows:
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(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
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(Text of Section before amendment by P.A. 98-176) | ||||
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.
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(2) Alcohol concentration. "Alcohol concentration" means:
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(A) the number of grams of alcohol per 210 liters of | ||||
breath;
or
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(B) the number of grams of alcohol per 100 milliliters | ||||
of
blood; or
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(C) the number of grams of alcohol per 67 milliliters | ||||
of
urine.
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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 used in commerce, except those referred to in | ||
subdivision (B), designed
to transport passengers or | ||
property if:
| ||
(i) the vehicle has a GVWR of 26,001 pounds or more | ||
or such
a
lesser GVWR as subsequently determined by | ||
federal regulations or the Secretary
of State; or any
| ||
combination of vehicles with a GCWR of 26,001 pounds or | ||
more, provided the
GVWR of any vehicle or vehicles | ||
being towed is 10,001 pounds or more; or
| ||
(ii) the vehicle is designed to transport 16 or | ||
more
persons;
or
| ||
(iii) the vehicle is transporting hazardous | ||
materials and
is
required to
be placarded in accordance | ||
with 49 C.F.R. Part 172, subpart F.
| ||
(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 forfeiture of bail or collateral | ||
deposited to secure
the person's appearance in court; a plea of | ||
guilty or nolo contendere accepted by the court; 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; or a violation of a
condition of | ||
release without bail, regardless of whether or not the penalty
| ||
is rebated, suspended or probated.
| ||
(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 to obtain, transfer, upgrade, | ||
or renew a CDL.
| ||
(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.
| ||
(15.3) 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 a condition of a vehicle, employee, or | ||
commercial motor vehicle operations that substantially | ||
increases the presents a substantial likelihood of that death, | ||
serious illness, severe personal 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.
| ||
(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.
| ||
(21.1) 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 a person who is | ||
licensed, certified, or registered in accordance with | ||
applicable state laws and regulations to perform physical | ||
examinations. The term includes but is not limited to doctors | ||
of medicine, doctors of osteopathy, physician assistants, | ||
advanced practice nurses, and doctors of chiropractic. | ||
(21.2) Medical examiner's certificate. "Medical examiner's | ||
certificate" means 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. | ||
(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-resident CDL. "Non-resident CDL" means a | ||
commercial driver's
license issued by a state 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 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 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. | ||
(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. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | ||
eff. 1-1-13; 98-463, eff. 8-16-13.) | ||
(Text of Section after amendment by P.A. 98-176) | ||
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 forfeiture of bail or collateral | ||
deposited to secure
the person's appearance in court; a plea of | ||
guilty or nolo contendere accepted by the court; 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; or a violation of a
condition of | ||
release without bail, regardless of whether or not the penalty
| ||
is rebated, suspended or probated.
| ||
(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.
| ||
(13.8) 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. | ||
(15.3) 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 a condition of a vehicle, employee, or | ||
commercial motor vehicle operations relating to hazardous | ||
material that substantially increases the presents a | ||
substantial likelihood of that death, serious illness, severe | ||
personal 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 a person who is | ||
licensed, certified, or registered in accordance with | ||
applicable state laws and regulations to perform physical | ||
examinations. The term includes but is not limited to doctors | ||
of medicine, doctors of osteopathy, physician assistants, | ||
advanced practice nurses, and doctors of chiropractic. | ||
(21.2) Medical examiner's certificate. "Medical examiner's | ||
certificate" means 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. | ||
(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 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. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829, | ||
eff. 1-1-13; 98-176, eff. 7-1-14; 98-463, eff. 8-16-13.)
| ||
(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
| ||
(Text of Section before amendment by P.A. 98-176)
| ||
Sec. 6-506. Commercial motor vehicle driver - | ||
employer/owner
responsibilities. | ||
(a) No employer or commercial motor
vehicle owner shall
| ||
knowingly allow, permit,
authorize, or require an employee to | ||
drive a commercial motor
vehicle on the highways if he or she | ||
knows or should reasonably know that the during any period in | ||
which such employee:
| ||
(1) has a driver's license suspended, revoked or | ||
cancelled by any state;
or
| ||
(2) has lost the privilege to drive a commercial motor | ||
vehicle in any
state; or
| ||
(3) has been disqualified from driving a
commercial | ||
motor vehicle; or
| ||
(4) has more than one driver's license, except as | ||
provided
by this UCDLA; or
| ||
(5) is subject to or in violation of an | ||
"out-of-service" order.
| ||
(b) No employer or commercial motor vehicle owner shall
| ||
knowingly allow,
permit, authorize, or require a driver to | ||
operate a commercial motor vehicle in
violation of any law or | ||
regulation pertaining to railroad-highway grade
crossings.
| ||
(b-3) No employer or commercial motor vehicle owner shall | ||
knowingly allow, permit, authorize, or require a driver to | ||
operate a commercial motor vehicle during any period in which | ||
the commercial motor vehicle is subject to an "out-of-service" | ||
order. | ||
(b-5) No employer or commercial motor vehicle owner shall | ||
knowingly allow, permit, authorize, or require a driver to | ||
operate a commercial motor vehicle during any period in which | ||
the motor carrier operation is subject to an "out-of-service" | ||
order.
| ||
(c) Any employer convicted of violating subsection (a), | ||
(b-3), or (b-5) of this
Section, whether
individually or
in | ||
connection with one or more other persons, or as principal | ||
agent, or
accessory, shall be guilty of a Class A misdemeanor.
| ||
(Source: P.A. 95-382, eff. 8-23-07.)
| ||
(Text of Section after amendment by P.A. 98-176)
| ||
Sec. 6-506. Commercial motor vehicle driver - | ||
employer/owner
responsibilities. | ||
(a) No employer or commercial motor
vehicle owner shall
| ||
knowingly allow, permit,
authorize, or require an employee to | ||
drive a commercial motor
vehicle on the highways if he or she | ||
knows or should reasonably know that the during any period in | ||
which such employee:
| ||
(1) has a driver's license suspended, revoked or | ||
cancelled by any state;
or
| ||
(2) has lost the privilege to drive a commercial motor | ||
vehicle in any
state; or
| ||
(3) has been disqualified from driving a
commercial | ||
motor vehicle; or
| ||
(4) has more than one CLP or CDL, except as provided
by | ||
this UCDLA; or
| ||
(5) is subject to or in violation of an | ||
"out-of-service" order; or
| ||
(6) does not have a current CLP or CDL or a CLP or CDL | ||
with the proper class or endorsements. An employer may not | ||
use a driver to operate a CMV who violates any restriction | ||
on the driver's CLP or CDL. | ||
(b) No employer or commercial motor vehicle owner shall
| ||
knowingly allow,
permit, authorize, or require a driver to | ||
operate a commercial motor vehicle in
violation of any law or | ||
regulation pertaining to railroad-highway grade
crossings.
| ||
(b-3) No employer or commercial motor vehicle owner shall | ||
knowingly allow, permit, authorize, or require a driver to | ||
operate a commercial motor vehicle during any period in which | ||
the commercial motor vehicle is subject to an "out-of-service" | ||
order. | ||
(b-5) No employer or commercial motor vehicle owner shall | ||
knowingly allow, permit, authorize, or require a driver to | ||
operate a commercial motor vehicle during any period in which | ||
the motor carrier operation is subject to an "out-of-service" | ||
order.
| ||
(c) Any employer convicted of violating subsection (a), | ||
(b-3), or (b-5) of this
Section, whether
individually or
in | ||
connection with one or more other persons, or as principal | ||
agent, or
accessory, shall be guilty of a Class A misdemeanor.
| ||
(Source: P.A. 98-176, eff. 7-1-14.)
| ||
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||
(Text of Section before amendment by P.A. 98-176)
| ||
Sec. 6-514. Commercial driver's license (CDL); commercial | ||
learner's permit (CLP); disqualifications. Commercial Driver's | ||
License (CDL) - 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 authorized under Section 11-501.1
while driving a | ||
commercial motor vehicle or, if the driver is a CDL holder, | ||
while driving a non-CMV; or
| ||
(2) Operating a commercial motor vehicle while the | ||
alcohol
concentration of the person's blood, breath or | ||
urine is at least 0.04, or any
amount of a drug, substance, | ||
or compound in the person's blood 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, 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 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 commercial driver's | ||
license; or
| ||
(3) Conviction for a first violation of:
| ||
(i) Driving a commercial motor vehicle or, if the | ||
driver is a 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 CDL holder, while driving a non-CMV; or
| ||
(iii) Driving a commercial motor vehicle or, if the | ||
driver is a 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) If the person is a qualifying patient licensed | ||
under the Compassionate Use of Medical Cannabis Pilot | ||
Program Act who is in possession of a valid registry card | ||
issued under that Act, operating a commercial motor vehicle | ||
under impairment resulting from the consumption of | ||
cannabis, as determined by failure of standardized field | ||
sobriety tests administered by a law enforcement officer as | ||
directed by subsection (a-5) of Section 11-501.2. | ||
(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 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 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 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 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 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 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 commercial | ||
driver's
license, 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 CDL or commercial driver instruction permit
| ||
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) 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 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) 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 | ||
(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 C.F.R. 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. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||
98-122, eff. 1-1-14.) | ||
(Text of Section after amendment by P.A. 98-176)
| ||
Sec. 6-514. Commercial driver's license (CDL); commercial | ||
learner's permit (CLP); disqualifications. Commercial Driver's | ||
License (CDL) - 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 authorized under Section 11-501.1
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 or | ||
urine is at least 0.04, or any
amount of a drug, substance, | ||
or compound in the person's blood 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, 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 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) If the person is a qualifying patient licensed | ||
under the Compassionate Use of Medical Cannabis Pilot | ||
Program Act who is in possession of a valid registry card | ||
issued under that Act, operating a commercial motor vehicle | ||
under impairment resulting from the consumption of | ||
cannabis, as determined by failure of standardized field | ||
sobriety tests administered by a law enforcement officer as | ||
directed by subsection (a-5) of Section 11-501.2. | ||
(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) 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 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) 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 | ||
(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 C.F.R. 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. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||
98-122, eff. 1-1-14; 98-176, eff. 7-1-14; revised 8-8-13.)
| ||
(625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
| ||
(Text of Section before amendment by P.A. 98-176)
| ||
Sec. 6-518. Notification of Traffic Convictions. | ||
(a) Within 5 days after
receiving a report of an Illinois | ||
conviction, or other verified evidence,
of any driver who has | ||
been issued a CDL by another State or has been issued a foreign | ||
commercial driver's license, for a violation
of any law or | ||
local ordinance of this State, relating to motor
vehicle | ||
traffic control, other than parking violations, committed in | ||
any motor vehicle, the Secretary of State must notify the | ||
driver
licensing authority which issued such CDL of said | ||
conviction.
| ||
(b) Within 5 days after
receiving a report of an Illinois | ||
conviction, or other verified evidence,
of any driver from | ||
another state who is licensed or unlicensed or holds a foreign | ||
non-commercial driver's license, for a violation
of any law or | ||
local ordinance of this State, relating to motor
vehicle | ||
traffic control, other than parking violations, committed in a | ||
commercial motor vehicle, the Secretary of State must notify | ||
the driver
licensing authority which issued the person's | ||
driver's license of the conviction.
| ||
(Source: P.A. 96-1080, eff. 7-16-10.)
| ||
(Text of Section after amendment by P.A. 98-176)
| ||
Sec. 6-518. Notification of Traffic Convictions. | ||
(a) Within 5 days after
receiving a report of an Illinois | ||
conviction, or other verified evidence,
of any driver who has | ||
been issued a CLP or CDL by another State or has been issued a | ||
foreign commercial driver's license, for a violation
of any law | ||
or local ordinance of this State, relating to motor
vehicle | ||
traffic control, other than parking violations, committed in | ||
any motor vehicle, the Secretary of State must notify the | ||
driver
licensing authority which issued such CLP or CDL of said | ||
conviction.
| ||
(b) Within 5 days after
receiving a report of an Illinois | ||
conviction, or other verified evidence,
of any driver from | ||
another state who is licensed or unlicensed or holds a foreign | ||
non-commercial driver's license, for a violation
of any law or | ||
local ordinance of this State, relating to motor
vehicle | ||
traffic control, other than parking violations, committed in a | ||
commercial motor vehicle, the Secretary of State must notify | ||
the driver
licensing authority which issued the person's | ||
driver's license of the conviction.
| ||
(Source: P.A. 98-176, eff. 7-1-14.)
| ||
Section 10. "AN ACT concerning transportation", approved | ||
August 5, 2013, (Public Act 98-176) is amended by changing | ||
Section 99 as follows: | ||
(P.A. 98-176, Sec. 99)
| ||
Sec. 99. Effective date. This Act takes effect July 8, 2015 | ||
July 1, 2014.
| ||
(Source: P.A. 98-176.) | ||
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 999. Effective date. This Act takes effect upon | ||
becoming law.
| ||