| ||||
| Public Act 098-0747 | ||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-113 and 6-201 as follows:
| ||||
(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| ||||
Sec. 6-113. Restricted licenses and permits.
| ||||
(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
| ||||
licensee as the Secretary of State may determine to be | ||||
appropriate to
assure the safe operation of a motor vehicle by | ||||
the licensee.
| ||||
(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.
| ||||
(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.
| ||
(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.
| ||
(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.
| ||
(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:
| ||
1. Reckless homicide resulting from the operation of a | ||
motor vehicle;
| ||
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;
| ||
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;
| ||
4. Violation of Section 11-504 of this Act relating to | ||
the offense of drag
racing; or
| ||
5. Violation of Section 11-506 of this Act relating to | ||
the offense of street racing.
| ||
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.
| ||
(g) The Secretary of State may issue a special restricted
| ||
license for a period of 48 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:
| ||
1. Possess a valid driver's license and have operated a
| ||
motor vehicle during daylight hours for a period of 12 | ||
months
using vision aid arrangements other than standard | ||
eyeglasses
or contact lenses.
| ||
2. Have a driving record that does not include any
| ||
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.
| ||
3. Successfully complete a road test administered | ||
during
nighttime hours.
| ||
The special restricted license holder must submit to the | ||
Secretary annually a vision specialist report from his or her | ||
ophthalmologist or optometrist that the special restricted | ||
license holder's vision has not changed. If the special | ||
restricted license holder fails to submit this vision | ||
specialist report the special restricted license shall be | ||
cancelled under Section 6-201 of this Code. | ||
At a minimum, all drivers renewing this license must meet | ||
the
following requirements:
| ||
1. Successfully complete a road test administered | ||
during
nighttime hours.
| ||
2. Have a driving record that does not include any
| ||
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.
| ||
(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
| ||
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.
| ||
(Source: P.A. 97-229, eff. 7-28-11.)
| ||
(625 ILCS 5/6-201)
| ||
(Text of Section before amendment by P.A. 98-176) | ||
Sec. 6-201. Authority to cancel licenses and permits.
| ||
(a) The Secretary of State is authorized to cancel any | ||
license or permit
upon determining that the holder thereof:
| ||
1. was not entitled to the issuance thereof hereunder; | ||
or
| ||
2. failed to give the required or correct information | ||
in his
application; or
| ||
3. failed to pay any fees, civil penalties owed to the | ||
Illinois Commerce
Commission, or taxes due under this Act | ||
and upon reasonable notice and demand;
or
| ||
4. committed any fraud in the making of such | ||
application; or
| ||
5. is ineligible therefor under the provisions of | ||
Section 6-103 of this
Act, as amended; or
| ||
6. has refused or neglected to submit an alcohol, drug, | ||
and
intoxicating compound evaluation or to
submit to | ||
examination or re-examination as required under this Act; | ||
or
| ||
7. has been convicted of violating the Cannabis Control | ||
Act,
the
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, or | ||
the Use of Intoxicating Compounds
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 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 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. After the cancellation, the
| ||
Secretary of State shall not issue a new license or permit | ||
for a period of one
year after the date of cancellation. | ||
However, upon application, the Secretary
of State may, if | ||
satisfied that the person applying will not endanger the
| ||
public safety, or welfare, issue a restricted driving | ||
permit granting the
privilege of driving a motor vehicle | ||
between the petitioner's residence and
petitioner's place | ||
of employment or within the scope of the petitioner's | ||
employment
related duties, or to allow transportation for
| ||
the petitioner or a household member of the petitioner's | ||
family for the receipt of
necessary medical care, or | ||
provide transportation for the petitioner to and from | ||
alcohol or drug remedial or
rehabilitative activity | ||
recommended by a licensed service provider, or for the | ||
petitioner to attend classes, as a student,
in an | ||
accredited educational institution. The petitioner must
| ||
demonstrate that no alternative means of transportation is | ||
reasonably
available; provided that the Secretary's | ||
discretion shall be limited to
cases where undue hardship, | ||
as defined by the rules of the Secretary of State, would | ||
result from a failure to issue such
restricted driving | ||
permit. In each case the Secretary of State may issue
such | ||
restricted driving permit for such period as he deems | ||
appropriate,
except that such permit shall expire within | ||
one year from the date of
issuance. A restricted driving | ||
permit issued hereunder shall be subject to
cancellation, | ||
revocation and suspension by the Secretary of State in like
| ||
manner and for like cause as a driver's license issued | ||
hereunder may be
cancelled, revoked or suspended; except | ||
that a conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be | ||
deemed sufficient cause for the revocation, suspension or
| ||
cancellation of a restricted driving permit. The Secretary | ||
of State may,
as a condition to the issuance of a | ||
restricted driving permit, require the
applicant to | ||
participate in a driver remedial or rehabilitative
| ||
program. In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding | ||
a CDL whose driving privileges have been revoked, | ||
suspended, cancelled, or disqualified under this Code; or
| ||
8. failed to submit a report as required by Section | ||
6-116.5 of this
Code; or
| ||
9. has been convicted of a sex offense as defined in | ||
the Sex Offender Registration Act. The driver's license | ||
shall remain cancelled until the driver registers as a sex | ||
offender as required by the Sex Offender Registration Act, | ||
proof of the registration is furnished to the Secretary of | ||
State and the sex offender provides proof of current | ||
address to the Secretary; or
| ||
10. is ineligible for a license or permit under Section | ||
6-107, 6-107.1, or
6-108 of this Code; or
| ||
11. refused or neglected to appear at a Driver Services | ||
facility to have the license or permit corrected and a new | ||
license or permit issued or to present documentation for | ||
verification of identity; or
| ||
12. failed to submit a medical examiner's certificate | ||
or medical variance as required by 49 C.F.R. 383.71 or | ||
submitted a fraudulent medical examiner's certificate or | ||
medical variance; or | ||
13. has had his or her medical examiner's certificate, | ||
medical variance, or both removed or rescinded by the | ||
Federal Motor Carrier Safety Administration; or | ||
14. failed to self-certify as to the type of driving in | ||
which the CDL driver engages or expects to engage; or | ||
15. has submitted acceptable documentation indicating | ||
out-of-state residency to the Secretary of State to be | ||
released from the requirement of showing proof of financial | ||
responsibility in this State. | ||
(b) Upon such cancellation the licensee or permittee must | ||
surrender the
license or permit so cancelled to the Secretary | ||
of State.
| ||
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||
Secretary of State
shall have exclusive authority to grant, | ||
issue, deny, cancel, suspend and
revoke driving privileges, | ||
drivers' licenses and restricted driving permits.
| ||
(d) The Secretary of State may adopt rules to implement | ||
this Section.
| ||
(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||
97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-178, eff. | ||
1-1-14.) | ||
(Text of Section after amendment by P.A. 98-176)
| ||
Sec. 6-201. Authority to cancel licenses and permits.
| ||
(a) The Secretary of State is authorized to cancel any | ||
license or permit
upon determining that the holder thereof:
| ||
1. was not entitled to the issuance thereof hereunder; | ||
or
| ||
2. failed to give the required or correct information | ||
in his
application; or
| ||
3. failed to pay any fees, civil penalties owed to the | ||
Illinois Commerce
Commission, or taxes due under this Act | ||
and upon reasonable notice and demand;
or
| ||
4. committed any fraud in the making of such | ||
application; or
| ||
5. is ineligible therefor under the provisions of | ||
Section 6-103 of this
Act, as amended; or
| ||
6. has refused or neglected to submit an alcohol, drug, | ||
and
intoxicating compound evaluation or to
submit to | ||
examination or re-examination as required under this Act; | ||
or
| ||
7. has been convicted of violating the Cannabis Control | ||
Act,
the
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, or | ||
the Use of Intoxicating Compounds
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 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 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. After the cancellation, the
| ||
Secretary of State shall not issue a new license or permit | ||
for a period of one
year after the date of cancellation. | ||
However, upon application, the Secretary
of State may, if | ||
satisfied that the person applying will not endanger the
| ||
public safety, or welfare, issue a restricted driving | ||
permit granting the
privilege of driving a motor vehicle | ||
between the petitioner's residence and
petitioner's place | ||
of employment or within the scope of the petitioner's | ||
employment
related duties, or to allow transportation for
| ||
the petitioner or a household member of the petitioner's | ||
family for the receipt of
necessary medical care, or | ||
provide transportation for the petitioner to and from | ||
alcohol or drug remedial or
rehabilitative activity | ||
recommended by a licensed service provider, or for the | ||
petitioner to attend classes, as a student,
in an | ||
accredited educational institution. The petitioner must
| ||
demonstrate that no alternative means of transportation is | ||
reasonably
available; provided that the Secretary's | ||
discretion shall be limited to
cases where undue hardship, | ||
as defined by the rules of the Secretary of State, would | ||
result from a failure to issue such
restricted driving | ||
permit. In each case the Secretary of State may issue
such | ||
restricted driving permit for such period as he deems | ||
appropriate,
except that such permit shall expire within | ||
one year from the date of
issuance. A restricted driving | ||
permit issued hereunder shall be subject to
cancellation, | ||
revocation and suspension by the Secretary of State in like
| ||
manner and for like cause as a driver's license issued | ||
hereunder may be
cancelled, revoked or suspended; except | ||
that a conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be | ||
deemed sufficient cause for the revocation, suspension or
| ||
cancellation of a restricted driving permit. The Secretary | ||
of State may,
as a condition to the issuance of a | ||
restricted driving permit, require the
applicant to | ||
participate in a driver remedial or rehabilitative
| ||
program. In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding | ||
a CDL whose driving privileges have been revoked, | ||
suspended, cancelled, or disqualified under this Code; or
| ||
8. failed to submit a report as required by Section | ||
6-116.5 of this
Code; or
| ||
9. has been convicted of a sex offense as defined in | ||
the Sex Offender Registration Act. The driver's license | ||
shall remain cancelled until the driver registers as a sex | ||
offender as required by the Sex Offender Registration Act, | ||
proof of the registration is furnished to the Secretary of | ||
State and the sex offender provides proof of current | ||
address to the Secretary; or
| ||
10. is ineligible for a license or permit under Section | ||
6-107, 6-107.1, or
6-108 of this Code; or
| ||
11. refused or neglected to appear at a Driver Services | ||
facility to have the license or permit corrected and a new | ||
license or permit issued or to present documentation for | ||
verification of identity; or
| ||
12. failed to submit a medical examiner's certificate | ||
or medical variance as required by 49 C.F.R. 383.71 or | ||
submitted a fraudulent medical examiner's certificate or | ||
medical variance; or | ||
13. has had his or her medical examiner's certificate, | ||
medical variance, or both removed or rescinded by the | ||
Federal Motor Carrier Safety Administration; or | ||
14. failed to self-certify as to the type of driving in | ||
which the CDL driver engages or expects to engage; or | ||
15. has submitted acceptable documentation indicating | ||
out-of-state residency to the Secretary of State to be | ||
released from the requirement of showing proof of financial | ||
responsibility in this State; or . | ||
16. 15. was convicted of fraud relating to the testing | ||
or issuance of a CDL or CLP, in which case only the CDL or | ||
CLP shall be cancelled. After cancellation, the Secretary | ||
shall not issue a CLP or CDL for a period of one year from | ||
the date of cancellation; or . | ||
17. has a special restricted license under subsection | ||
(g) of Section 6-113 of this Code and failed to submit the | ||
required annual vision specialist report that the special | ||
restricted license holder's vision has not changed; or | ||
18. has a special restricted license under subsection | ||
(g) of Section 6-113 of this Code and was convicted or | ||
received court supervision for a violation of this Code | ||
that occurred during nighttime hours or was involved in a | ||
motor vehicle accident during nighttime hours in which the | ||
restricted license holder was at fault. | ||
(b) Upon such cancellation the licensee or permittee must | ||
surrender the
license or permit so cancelled to the Secretary | ||
of State.
| ||
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||
Secretary of State
shall have exclusive authority to grant, | ||
issue, deny, cancel, suspend and
revoke driving privileges, | ||
drivers' licenses and restricted driving permits.
| ||
(d) The Secretary of State may adopt rules to implement | ||
this Section.
| ||
(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||
97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176, eff. | ||
7-1-14; 98-178, eff. 1-1-14; revised 9-19-13.)
| ||
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.
| ||