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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB3065enr HB3065 Enrolled LRB9206822DHmb 1 AN ACT regarding vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 6-113 and 6-115 as follows: 6 (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113) 7 Sec. 6-113. Restricted licenses and permits. 8 (a) The Secretary of State upon issuing a drivers 9 license or permit shall have the authority whenever good 10 cause appears to impose restrictions suitable to the 11 licensee's driving ability with respect to the type of, or 12 special mechanical control devices required on, a motor 13 vehicle which the licensee may operate or such other 14 restrictions applicable to the licensee as the Secretary of 15 State may determine to be appropriate to assure the safe 16 operation of a motor vehicle by the licensee. 17 (b) The Secretary of State may either issue a special 18 restricted license or permit or may set forth such 19 restrictions upon the usual license or permit form. 20 (c) The Secretary of State may issue a probationary 21 license to a person whose driving privileges have been 22 suspended pursuant to subsection (d) of this Section or 23 subsections (a)(2), (a)(19) and (a)(20) of Section 6-206 of 24 this Code. The Secretary of State shall promulgate rules 25 pursuant to The Illinois Administrative Procedure Act, 26 setting forth the conditions and criteria for the issuance 27 and cancellation of probationary licenses. 28 (d) The Secretary of State may upon receiving 29 satisfactory evidence of any violation of the restrictions of 30 such license or permit suspend, revoke or cancel the same 31 without preliminary hearing, but the licensee or permittee HB3065 Enrolled -2- LRB9206822DHmb 1 shall be entitled to a hearing as in the case of a suspension 2 or revocation. 3 (e) It is unlawful for any person to operate a motor 4 vehicle in any manner in violation of the restrictions 5 imposed on a restricted license or permit issued to him. 6 (f) Whenever the holder of a restricted driving permit 7 is issued a citation for any of the following offenses 8 including similar local ordinances, the restricted driving 9 permit is immediately invalidated: 10 1. Reckless homicide resulting from the operation 11 of a motor vehicle; 12 2. Violation of Section 11-501 of this Act relating 13 to the operation of a motor vehicle while under the 14 influence of intoxicating liquor or narcotic drugs; 15 3. Violation of Section 11-401 of this Act relating 16 to the offense of leaving the scene of a traffic accident 17 involving death or injury; or 18 4. Violation of Section 11-504 of this Act relating 19 to the offense of drag racing; 20 The police officer issuing the citation shall confiscate 21 the restricted driving permit and forward it, along with the 22 citation, to the Clerk of the Circuit Court of the county in 23 which the citation was issued. 24 (g) The Secretary of State may issue a special 25 restricted license for a period of 12 months to individuals 26 using vision aid arrangements other than standard eyeglasses 27 or contact lenses, allowing the operation of a motor vehicle 28 during nighttime hours. The Secretary of State shall adopt 29 rules defining the terms and conditions by which the 30 individual may obtain and renew this special restricted 31 license. At a minimum, all drivers must meet the following 32 requirements: 33 1. Possess a valid driver's license and have 34 operated a motor vehicle during daylight hours for a HB3065 Enrolled -3- LRB9206822DHmb 1 period of 12 months using vision aid arrangements other 2 than standard eyeglasses or contact lenses. 3 2. Have a driving record that does not include any 4 traffic accidents that occurred during nighttime hours, 5 for which the driver has been found to be at fault, 6 during the 12 months before he or she applied for the 7 special restricted license. 8 3. Successfully complete a road test administered 9 during nighttime hours. 10 At a minimum, all drivers renewing this license must meet 11 the following requirements: 12 1. Successfully complete a road test administered 13 during nighttime hours. 14 2. Have a driving record that does not include any 15 traffic accidents that occurred during nighttime hours, 16 for which the driver has been found to be at fault, 17 during the 12 months before he or she applied for the 18 special restricted license. 19 (h) Any driver issued a special restricted license as 20 defined in subsection (g) whose privilege to drive during 21 nighttime hours has been suspended due to an accident 22 occurring during nighttime hours may request a hearing as 23 provided in Section 2-118 of this Code to contest that 24 suspension. If it is determined that the accident for which 25 the driver was at fault was not influenced by the driver's 26 use of vision aid arrangements other than standard eyeglasses 27 or contact lenses, the Secretary may reinstate that driver's 28 privilege to drive during nighttime hours. 29 (Source: P.A. 86-549.) 30 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115) 31 Sec. 6-115. Expiration of driver's license. 32 (a) Except as provided elsewhere in this Section, every 33 driver's license issued under the provisions of this Code HB3065 Enrolled -4- LRB9206822DHmb 1 shall expire 4 years from the date of its issuance, or at 2 such later date, as the Secretary of State may by proper rule 3 and regulation designate, not to exceed 12 calendar months; 4 in the event that an applicant for renewal of a driver's 5 license fails to apply prior to the expiration date of the 6 previous driver's license, the renewal driver's license shall 7 expire 4 years from the expiration date of the previous 8 driver's license, or at such later date as the Secretary of 9 State may by proper rule and regulation designate, not to 10 exceed 12 calendar months. 11 The Secretary of State may, however, issue to a person 12 not previously licensed as a driver in Illinois a driver's 13 license which will expire not less than 4 years nor more than 14 5 years from date of issuance, except as provided elsewhere 15 in this Section. 16 The Secretary of State is authorized to issue driver's 17 licenses during the years 1984 through 1987 which shall 18 expire not less than 3 years nor more than 5 years from the 19 date of issuance, except as provided elsewhere in this 20 Section, for the purpose of converting all driver's licenses 21 issued under this Code to a 4 year expiration. Provided that 22 all original driver's licenses, except as provided elsewhere 23 in this Section, shall expire not less than 4 years nor more 24 than 5 years from the date of issuance. 25 (b) Before the expiration of a driver's license, except 26 those licenses expiring on the individual's 21st birthday, or 27 3 months after the individual's 21st birthday, the holder 28 thereof may apply for a renewal thereof, subject to all the 29 provisions of Section 6-103, and the Secretary of State may 30 require an examination of the applicant. A licensee whose 31 driver's license expires on his 21st birthday, or 3 months 32 after his 21st birthday, may not apply for a renewal of his 33 driving privileges until he reaches the age of 21. 34 (c) The Secretary of State shall, 30 days prior to the HB3065 Enrolled -5- LRB9206822DHmb 1 expiration of a driver's license, forward to each person 2 whose license is to expire a notification of the expiration 3 of said license which may be presented at the time of renewal 4 of said license. 5 There may be included with such notification information 6 explaining the anatomical gift and Emergency Medical 7 Information Card provisions of Section 6-110. The format and 8 text of such information shall be prescribed by the 9 Secretary. 10 There shall be included with such notification, for a 11 period of 4 years beginning January 1, 2000 information 12 regarding the Illinois Adoption Registry and Medical 13 Information Exchange established in Section 18.1 of the 14 Adoption Act. 15 (d) The Secretary may defer the expiration of the 16 driver's license of a licensee, spouse, and dependent 17 children who are living with such licensee while on active 18 duty, serving in the Armed Forces of the United States 19 outside of the State of Illinois, and 45 days thereafter, 20 upon such terms and conditions as the Secretary may 21 prescribe. 22 (e) The Secretary of State may decline to process a 23 renewal of a driver's license of any person who has not paid 24 any fee or tax due under this Code and is not paid upon 25 reasonable notice and demand. 26 (f) The Secretary shall provide that each original or 27 renewal driver's license issued to a licensee under 21 years 28 of age shall expire 3 months after the licensee's 21st 29 birthday. Persons whose current driver's licenses expire on 30 their 21st birthday on or after January 1, 1986 shall not 31 renew their driver's license before their 21st birthday, and 32 their current driver's license will be extended for an 33 additional term of 3 months beyond their 21st birthday. 34 Thereafter, the expiration and term of the driver's license HB3065 Enrolled -6- LRB9206822DHmb 1 shall be governed by subsection (a) hereof. 2 (g) The Secretary shall provide that each original or 3 renewal driver's license issued to a licensee 81 years of age 4 through age 86 shall expire 2 years from the date of 5 issuance, or at such later date as the Secretary may by rule 6 and regulation designate, not to exceed an additional 12 7 calendar months. The Secretary shall also provide that each 8 original or renewal driver's license issued to a licensee 87 9 years of age or older shall expire 12 months from the date of 10 issuance, or at such later date as the Secretary may by rule 11 and regulation designate, not to exceed an additional 12 12 calendar months. 13 (h) The Secretary of State shall provide that each 14 special restricted driver's license issued under subsection 15 (g) of Section 6-113 of this Code shall expire 12 months from 16 the date of issuance. The Secretary shall adopt rules 17 defining renewal requirements. 18 (Source: P.A. 91-417, eff. 1-1-00.)