|
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.
|