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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 003 ] |
91_SB0276eng SB276 Engrossed LRB9103547KSgc 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 6-109 and 6-508. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Sections 6-109 and 6-508 as follows: 7 (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109) 8 Sec. 6-109. Examination of Applicants. 9 (a) The Secretary of State shall examine every applicant 10 for a driver's license or permit who has not been previously 11 licensed as a driver under the laws of this State or any 12 other state or country, or any applicant for renewal of such 13 driver's license or permit when such license or permit has 14 been expired for more than one year. The Secretary of State 15 shall, subject to the provisions of paragraph (c), examine 16 every licensed driver at least every 8 years, and may examine 17 or re-examine any other applicant or licensed driver, 18 provided that during the years 1984 through 1991 those 19 drivers issued a license for 3 years may be re-examined not 20 less than every 7 years or more than every 10 years. 21 The Secretary of State shall require the testing of the 22 eyesight of any driver's license or permit applicant who has 23 not been previously licensed as a driver under the laws of 24 this State and shall promulgate rules and regulations to 25 provide for the orderly administration of all the provisions 26 of this Section. 27 (b) Except as provided for those applicants in paragraph 28 (c), such examination shall include a test of the applicant's 29 eyesight, his ability to read and understand official traffic 30 control devices, his knowledge of safe driving practices and 31 the traffic laws of this State, and may include an actual SB276 Engrossed -2- LRB9103547KSgc 1 demonstration of the applicant's ability to exercise ordinary 2 and reasonable control of the operation of a motor vehicle, 3 and such further physical and mental examination as the 4 Secretary of State finds necessary to determine the 5 applicant's fitness to operate a motor vehicle safely on the 6 highways, except the examination of an applicant 75 years of 7 age or older shall include an actual demonstration of the 8 applicant's ability to exercise ordinary and reasonable 9 control of the operation of a motor vehicle. All portions of 10 written and verbal examinations under this Section, excepting 11 where the English language appears on facsimiles of road 12 signs, may be given in the Spanish language and, at the 13 discretion of the Secretary of State, in any other language 14 as well as in English upon request of the examinee. Deaf 15 persons who are otherwise qualified are not prohibited from 16 being issued a license, other than a commercial driver's 17 license, under this Code. 18 (c) Re-examination for those applicants who at the time 19 of renewing their driver's license possess a driving record 20 devoid of any convictions of traffic violations or evidence 21 of committing an offense for which mandatory revocation would 22 be required upon conviction pursuant to Section 6-205 at the 23 time of renewal shall be in a manner prescribed by the 24 Secretary in order to determine an applicant's ability to 25 safely operate a motor vehicle, except that every applicant 26 for the renewal of a driver's license who is 75 years of age 27 or older must prove, by an actual demonstration, the 28 applicant's ability to exercise reasonable care in the safe 29 operation of a motor vehicle. 30 (d) In the event the applicant is not ineligible under 31 the provisions of Section 6-103 to receive a driver's 32 license, the Secretary of State shall make provision for 33 giving an examination, either in the county where the 34 applicant resides or at a place adjacent thereto reasonably SB276 Engrossed -3- LRB9103547KSgc 1 convenient to the applicant, within not more than 30 days 2 from the date said application is received. 3 (Source: P.A. 89-569, eff. 1-1-97.) 4 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508) 5 Sec. 6-508. Commercial Driver's License (CDL) - 6 qualification standards. 7 (a) Testing. 8 (1) General. No person shall be issued an original 9 or renewal CDL unless that person is domiciled in this 10 State. The Secretary shall cause to be administered such 11 tests as the Secretary deems necessary to meet the 12 requirements of 49 C.F.R. Part 383, subparts G and H. 13 (2) Third party testing. The Secretary of state 14 may authorize a "third party tester", pursuant to 49 15 C.F.R. Part 383.75, to administer the skills test or 16 tests specified by Federal Highway Administration 17 pursuant to the Commercial Motor Vehicle Safety Act of 18 1986 and any appropriate federal rule. 19 (b) Waiver of Skills Test. The Secretary of State may 20 waive the skills test specified in this Section for a 21 commercial driver license applicant who meets the 22 requirements of 49 C.F.R. Part 383.77. 23 (c) Limitations on issuance of a CDL. A CDL, or a 24 commercial driver instruction permit, shall not be issued to 25 a person while the person is subject to a disqualification 26 from driving a commercial motor vehicle, or unless otherwise 27 permitted by this Code, while the person's driver's license 28 is suspended, revoked or cancelled in any state, or any 29 territory or province of Canada; nor may a CDL be issued to a 30 person who has a CDL issued by any other state, or foreign 31 jurisdiction, unless the person first surrenders all such 32 licenses. No CDL shall be issued to or renewed for a person 33 who does not meet the requirement of 49 CFR 391.41(b)(11). SB276 Engrossed -4- LRB9103547KSgc 1 The requirement may be met with the aid of a hearing aid. 2 (d) Commercial driver instruction permit. A commercial 3 driver instruction permit may be issued to any person holding 4 a valid Illinois driver's license if such person successfully 5 passes such tests as the Secretary determines to be 6 necessary. A commercial driver instruction permit shall not 7 be issued to a person who does not meet the requirements of 8 49 CFR 391.41 (b)(11), except for the renewal of a commercial 9 driver instruction permit for a person who possesses a 10 commercial instruction permit prior to the effective date of 11 this amendatory Act of 1999. 12 (Source: P.A. 86-845.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.