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| Public Act 098-0746 | ||||
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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 6-113 as follows:
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(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
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Sec. 6-113. Restricted licenses and permits.
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(a) The Secretary of
State upon issuing a drivers license | ||||
or permit shall have the authority
whenever good cause appears | ||||
to impose restrictions suitable to the
licensee's driving | ||||
ability with respect to the type of, or special
mechanical | ||||
control devices required on, a motor vehicle which the
licensee | ||||
may operate or such other restrictions applicable to the
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licensee as the Secretary of State may determine to be | ||||
appropriate to
assure the safe operation of a motor vehicle by | ||||
the licensee.
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(b) The Secretary of State may either issue a special | ||||
restricted
license or permit or may set forth such restrictions | ||||
upon the usual
license or permit form.
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(c) The Secretary of State may issue a probationary license | ||||
to a person
whose driving privileges have been suspended | ||||
pursuant to subsection (d) of this
Section or subsection (a)(2) | ||||
of Section 6-206 of this
Code. This subsection (c) does not | ||||
apply to any driver required to possess a CDL for the purpose | ||
of operating a commercial motor vehicle. The Secretary of State | ||
shall promulgate rules pursuant to the
Illinois Administrative | ||
Procedure Act, setting forth the conditions and
criteria for | ||
the issuance and cancellation of probationary licenses.
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(d) The Secretary of State may upon receiving satisfactory | ||
evidence
of any violation of the restrictions of such license | ||
or permit suspend,
revoke or cancel the same without | ||
preliminary hearing, but the licensee or
permittee shall be | ||
entitled to a hearing as in the case of a suspension
or | ||
revocation.
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(e) It is unlawful for any person to operate a motor | ||
vehicle in any
manner in violation of the restrictions imposed | ||
on a restricted license
or permit issued to him.
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(f) Whenever the holder of a restricted driving permit is | ||
issued a citation
for any of the following offenses including | ||
similar local ordinances, the
restricted driving permit is | ||
immediately invalidated:
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1. Reckless homicide resulting from the operation of a | ||
motor vehicle;
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2. Violation of Section 11-501 of this Act relating to | ||
the operation of
a motor vehicle while under the influence | ||
of intoxicating liquor or narcotic
drugs;
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3. Violation of Section 11-401 of this Act relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or injury;
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4. Violation of Section 11-504 of this Act relating to | ||
the offense of drag
racing; or
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5. Violation of Section 11-506 of this Act relating to | ||
the offense of street racing.
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The police officer issuing the citation shall confiscate | ||
the restricted
driving permit and forward it, along with the | ||
citation, to the Clerk of
the Circuit Court of the county in | ||
which the citation was issued.
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(g) The Secretary of State may issue a special restricted
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license for a period of 12 months to individuals using vision | ||
aid
arrangements other than standard eyeglasses or contact | ||
lenses,
allowing the operation of a motor vehicle during | ||
nighttime hours.
The Secretary of State shall adopt rules | ||
defining the terms and
conditions by which the individual may | ||
obtain and renew this
special restricted license. At a minimum, | ||
all drivers must meet
the following requirements:
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1. Possess a valid driver's license and have operated a
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motor vehicle during daylight hours for a period of 12 | ||
months
using vision aid arrangements other than standard | ||
eyeglasses
or contact lenses.
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2. Have a driving record that does not include any
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traffic accidents that occurred during nighttime hours, | ||
for which the
driver has been found to be at fault, during | ||
the 12 months before he or she
applied for the special | ||
restricted license.
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3. Successfully complete a road test administered | ||
during
nighttime hours.
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At a minimum, all drivers renewing this license must meet | ||
the
following requirements:
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1. Successfully complete a road test administered | ||
during
nighttime hours.
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2. Have a driving record that does not include any
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traffic accidents that occurred during nighttime hours, | ||
for which the
driver has been found to be at fault, during | ||
the 12 months before he or she
applied for
the special | ||
restricted license.
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(h) Any driver issued a special restricted license as | ||
defined in
subsection (g) whose privilege to drive during | ||
nighttime hours has been
suspended due to an accident occurring | ||
during nighttime hours may request
a hearing as provided in | ||
Section 2-118 of this Code to contest that suspension.
If it is
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determined that the accident for which the driver was at fault | ||
was not
influenced by the driver's use of vision aid | ||
arrangements other than standard
eyeglasses or contact lenses, | ||
the Secretary may reinstate that driver's
privilege to drive | ||
during nighttime hours.
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(i) The Secretary of State may issue a special restricted | ||
training permit for a period of 6 months to individuals using | ||
vision aid arrangements other than standard eyeglasses or | ||
contact lenses, allowing the operation of a motor vehicle | ||
between sunset and 10:00 p.m. provided the driver is | ||
accompanied by a person holding a valid driver's license | ||
without nighttime operation restrictions. The Secretary may | ||
adopt rules defining the terms and conditions by which the | ||
individual may obtain and renew this special restricted | ||
training permit. At a minimum, all persons applying for a | ||
special restricted training permit must meet the following | ||
requirements: | ||
1. Possess a valid driver's license and have operated a | ||
motor vehicle during daylight hours for a period of 6 | ||
months using vision aid arrangements other than standard | ||
eyeglasses or contact lenses. | ||
2. Have a driving record that does not include any | ||
traffic accidents, for which the person has been found to | ||
be at fault, during the 6 months before he or she applied | ||
for the special restricted training permit. | ||
(Source: P.A. 97-229, eff. 7-28-11.)
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