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91_SB1394 LRB9110095DHpr 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 6-109. 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 Section 6-109 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 -2- LRB9110095DHpr 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 -3- LRB9110095DHpr 1 convenient to the applicant, within not more than 30 days 2 from the date said application is received. 3 (e) An applicant for an Illinois commercial driver's 4 license (CDL) who fails either the written test or the road 5 test after a third attempt in any 12 month period may not be 6 re-examined for a period of one month. 7 (f) An applicant for an Illinois commercial driver's 8 license (CDL) who submits a new application after the one 9 month waiting period specified in paragraph (e) of this 10 Section and fails either the written test or the road test 11 after a third attempt may not be re-examined for a period of 12 3 months. 13 (g) An applicant for an Illinois commercial driver's 14 license (CDL) who submits a new application after the 3 month 15 waiting period specified in paragraph (f) of this Section and 16 fails either the written test or the road test after a third 17 attempt may not be re-examined for a period of one year. 18 (Source: P.A. 91-350, eff. 7-29-99.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.