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COPIED FROM IL WEB
SITE 3-14-09 |
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VEHICLES
(625 ILCS 5/) Illinois Vehicle
Code. |
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(625 ILCS 5/Ch. 6 heading)
CHAPTER 6. THE ILLINOIS DRIVER LICENSING LAW |
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(625 ILCS 5/Ch. 6 Art. I heading)
ARTICLE I. ISSUANCE OF LICENSES
EXPIRATION AND RENEWAL |
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(625 ILCS 5/6‑100)
(from Ch. 95 1/2, par. 6‑100)
Sec. 6‑100. Definitions. For the purposes of
this Chapter, the following words shall have the
meanings ascribed to them:
(a) Application Process. The process of
obtaining a driver's license, identification
card, or permit. The process begins when a
person enters a Secretary of State Driver
Services facility and requests a driver's
license, identification card or permit.
(b) Conviction. A final adjudication of
guilty by a court of competent jurisdiction
either after a bench trial, trial by jury, plea
of guilty, order of forfeiture, or default.
(c) Identification Card. A document made or
issued by or under the authority of the United
States Government, the State of Illinois or any
other state or political subdivision thereof, or
any governmental or quasi‑governmental
organization that, when completed with
information concerning the individual, is of a
type intended or commonly accepted for the
purpose of identifying the individual.
(Source: P.A. 89‑283, eff. 1‑1‑96.) |
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(625 ILCS 5/6‑101)
(from Ch. 95 1/2, par. 6‑101)
Sec. 6‑101. Drivers must have licenses or
permits.
(a) No person, except those expressly
exempted by Section 6‑102, shall drive any motor
vehicle upon a highway in this State unless such
person has a valid license or permit, or a
restricted driving permit, issued under the
provisions of this Act.
(b) No person shall drive a motor vehicle
unless he holds a valid license or permit, or a
restricted driving permit issued under the
provisions of Section 6‑205, 6‑206, or 6‑113 of
this Act. Any person to whom a license is issued
under the provisions of this Act must surrender
to the Secretary of State all valid licenses or
permits. No drivers license shall be issued to
any person who holds a valid Foreign State
license, identification card, or permit unless
such person first surrenders to the Secretary of
State any such valid Foreign State license,
identification card, or permit.
(b‑5) Any person who commits a violation of
subsection (a) or (b) of this Section is guilty
of a Class A misdemeanor, if at the time of the
violation the person's driver's license or
permit was cancelled under clause (a)9 of
Section 6‑201 of this Code.
(c) Any person licensed as a driver
hereunder shall not be required by any city,
village, incorporated town or other municipal
corporation to obtain any other license to
exercise the privilege thereby granted.
(d) In addition to other penalties imposed
under this Section, any person in violation of
this Section who is also in violation of Section
7‑601 of this Code relating to mandatory
insurance requirements shall have his or her
motor vehicle immediately impounded by the
arresting law enforcement officer. The motor
vehicle may be released to any licensed driver
upon a showing of proof of insurance for the
motor vehicle that was impounded and the
notarized written consent for the release by the
vehicle owner.
(e) In addition to other penalties imposed
under this Section, the vehicle of any person in
violation of this Section who is also in
violation of Section 7‑601 of this Code relating
to mandatory insurance requirements and who, in
violating this Section, has caused death or
personal injury to another person is subject to
forfeiture under Sections 36‑1 and 36‑2 of the
Criminal Code of 1961. For the purposes of this
Section, a personal injury shall include any
type A injury as indicated on the traffic
accident report completed by a law enforcement
officer that requires immediate professional
attention in either a doctor's office or a
medical facility. A type A injury shall include
severely bleeding wounds, distorted extremities,
and injuries that require the injured party to
be carried from the scene.
(Source: P.A. 94‑993, eff. 1‑1‑07; 95‑578, eff.
6‑1‑08.) |
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(625 ILCS 5/6‑102)
(from Ch. 95 1/2, par. 6‑102)
Sec. 6‑102. What persons are exempt. The
following persons are exempt from the
requirements of Section 6‑101 and are not
required to have an Illinois drivers license or
permit if one or more of the following
qualifying exemptions are met and apply:
1. Any employee of the United States
Government or |
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any member of the Armed Forces of
the United States, while operating a
motor vehicle owned by or leased to
the United States Government and
being operated on official business
need not be licensed; |
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2. A nonresident who has in his
immediate |
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possession a valid license issued to
him in his home state or country may
operate a motor vehicle for which he
is licensed for the period during
which he is in this State; |
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3. A nonresident and his spouse and
children living |
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with him who is a student at a
college or university in Illinois
who have a valid license issued by
their home State. |
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4. A person operating a road machine
temporarily |
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upon a highway or operating a farm
tractor between the home farm
buildings and any adjacent or nearby
farm land for the exclusive purpose
of conducting farm operations need
not be licensed as a driver. |
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5. A resident of this State who has been
serving as |
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a member of the Armed Forces of the
United States outside the
Continental limits of the United
States, for a period of 45 days
following his return to the
continental limits of the United
States. |
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6. A nonresident on active duty in the
Armed Forces |
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of the United States who has a valid
license issued by his home state and
such nonresident's spouse, and
dependent children and living with
parents, who have a valid license
issued by their home state. |
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7. A nonresident who becomes a resident
of this |
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State, may for a period of the first
90 days of residence in Illinois
operate any motor vehicle which he
was qualified or licensed to drive
by his home state or country so long
as he has in his possession, a valid
and current license issued to him by
his home state or country. Upon
expiration of such 90 day period,
such new resident must comply with
the provisions of this Act and apply
for an Illinois license or permit. |
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8. An engineer, conductor, brakeman, or
any other |
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member of the crew of a locomotive
or train being operated upon rails,
including operation on a railroad
crossing over a public street, road
or highway. Such person is not
required to display a driver's
license to any law enforcement
officer in connection with the
operation of a locomotive or train
within this State. |
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The provisions of this Section granting
exemption to any nonresident shall be operative
to the same extent that the laws of the State or
country of such nonresident grant like exemption
to residents of this State.
The Secretary of State may implement the
exemption provisions of this Section by
inclusion thereof in a reciprocity agreement,
arrangement or declaration issued pursuant to
this Act.
(Source: P.A. 86‑1258.) |
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(625 ILCS 5/6‑103)
(from Ch. 95 1/2, par. 6‑103)
Sec. 6‑103. What persons shall not be
licensed as drivers or granted permits. The
Secretary of State shall not issue, renew, or
allow the retention of any driver's license nor
issue any permit under this Code:
1. To any person, as a driver, who is
under the age |
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of 18 years except as provided in
Section 6‑107, and except that an
instruction permit may be issued
under Section 6‑107.1 to a child who
is not less than 15 years of age if
the child is enrolled in an approved
driver education course as defined
in Section 1‑103 of this Code and
requires an instruction permit to
participate therein, except that an
instruction permit may be issued
under the provisions of Section
6‑107.1 to a child who is 17 years
and 3 months of age without the
child having enrolled in an approved
driver education course and except
that an instruction permit may be
issued to a child who is at least 15
years and 6 months of age, is
enrolled in school, meets the
educational requirements of the
Driver Education Act, and has passed
examinations the Secretary of State
in his or her discretion may
prescribe; |
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2. To any person who is under the age of
18 as an |
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operator of a motorcycle other than
a motor driven cycle unless the
person has, in addition to meeting
the provisions of Section 6‑107 of
this Code, successfully completed a
motorcycle training course approved
by the Illinois Department of
Transportation and successfully
completes the required Secretary of
State's motorcycle driver's
examination; |
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3. To any person, as a driver, whose
driver's |
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license or permit has been
suspended, during the suspension,
nor to any person whose driver's
license or permit has been revoked,
except as provided in Sections
6‑205, 6‑206, and 6‑208; |
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4. To any person, as a driver, who is a
user of |
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alcohol or any other drug to a
degree that renders the person
incapable of safely driving a motor
vehicle; |
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5. To any person, as a driver, who has
previously |
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been adjudged to be afflicted with
or suffering from any mental or
physical disability or disease and
who has not at the time of
application been restored to
competency by the methods provided
by law; |
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6. To any person, as a driver, who is
required by |
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the Secretary of State to submit an
alcohol and drug evaluation or take
an examination provided for in this
Code unless the person has
successfully passed the examination
and submitted any required
evaluation; |
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7. To any person who is required under
the |
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provisions of the laws of this State
to deposit security or proof of
financial responsibility and who has
not deposited the security or proof; |
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8. To any person when the Secretary of
State has |
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good cause to believe that the
person by reason of physical or
mental disability would not be able
to safely operate a motor vehicle
upon the highways, unless the person
shall furnish to the Secretary of
State a verified written statement,
acceptable to the Secretary of
State, from a competent medical
specialist to the effect that the
operation of a motor vehicle by the
person would not be inimical to the
public safety; |
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9. To any person, as a driver, who is 69
years of |
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age or older, unless the person has
successfully complied with the
provisions of Section 6‑109; |
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10. To any person convicted, within 12
months of |
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application for a license, of any of
the sexual offenses enumerated in
paragraph 2 of subsection (b) of
Section 6‑205; |
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11. To any person who is under the age
of 21 years |
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with a classification prohibited in
paragraph (b) of Section 6‑104 and
to any person who is under the age
of 18 years with a classification
prohibited in paragraph (c) of
Section 6‑104; |
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12. To any person who has been either
convicted of |
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or adjudicated under the Juvenile
Court Act of 1987 based upon a
violation of the Cannabis Control
Act, the Illinois Controlled
Substances Act, or the
Methamphetamine Control and
Community Protection Act while that
person 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
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, 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. The
Secretary of
State shall
not issue a
new license
or permit
for a period
of one year; |
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13. To any
person who is under the
age of 18 years
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and who has
committed
the offense
of operating
a motor
vehicle
without a
valid
license or
permit in
violation of
Section
6‑101; |
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14. To any
person who is 90 days or
more delinquent
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in court
ordered
child
support
payments or
has been
adjudicated
in arrears
in an amount
equal to 90
days'
obligation
or more and
who has been
found in
contempt of
court for
failure to
pay the
support,
subject to
the
requirements
and
procedures
of Article
VII of
Chapter 7 of
the Illinois
Vehicle
Code; |
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14.5. To any
person certified by the
Illinois |
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Department
of
Healthcare
and Family
Services as
being 90
days or more
delinquent
in payment
of support
under an
order of
support
entered by a
court or
administrative
body of this
or any other
State,
subject to
the
requirements
and
procedures
of Article
VII of
Chapter 7 of
this Code
regarding
those
certifications;
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15. To any
person released from a
term of |
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imprisonment
for
violating
Section 9‑3
of the
Criminal
Code of 1961
or a similar
provision of
a law of
another
state
relating to
reckless
homicide or
for
violating
subparagraph
(F) of
paragraph
(1) of
subsection
(d) of
Section
11‑501 of
this Code
relating to
aggravated
driving
under the
influence of
alcohol,
other drug
or drugs,
intoxicating
compound or
compounds,
or any
combination
thereof, if
the
violation
was the
proximate
cause of a
death,
within 24
months of
release from
a term of
imprisonment;
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16. To any
person who, with intent
to influence any
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act related
to the
issuance of
any driver's
license or
permit, by
an employee
of the
Secretary of
State's
Office, or
the owner or
employee of
any
commercial
driver
training
school
licensed by
the
Secretary of
State, or
any other
individual
authorized
by the laws
of this
State to
give driving
instructions
or
administer
all or part
of a
driver's
license
examination,
promises or
tenders to
that person
any property
or personal
advantage
which that
person is
not
authorized
by law to
accept. Any
persons
promising or
tendering
such
property or
personal
advantage
shall be
disqualified
from holding
any class of
driver's
license or
permit for
120
consecutive
days. The
Secretary of
State shall
establish by
rule the
procedures
for
implementing
this period
of
disqualification
and the
procedures
by which
persons so
disqualified
may obtain
administrative
review of
the decision
to
disqualify; |
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17. To any
person for whom the
Secretary of State
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cannot
verify the
accuracy of
any
information
or
documentation
submitted in
application
for a
driver's
license; or |
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18. To any
person who has been
adjudicated under the
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Juvenile
Court Act of
1987 based
upon an
offense that
is
determined
by the court
to have been
committed in
furtherance
of the
criminal
activities
of an
organized
gang, as
provided in
Section
5‑710 of
that Act,
and that
involved the
operation or
use of a
motor
vehicle or
the use of a
driver's
license or
permit. The
person shall
be denied a
license or
permit for
the period
determined
by the
court.
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The Secretary of
State shall retain all
conviction information,
if the information is
required to be held
confidential under the
Juvenile Court Act of
1987.
(Source: P.A. 94‑556,
eff. 9‑11‑05; 95‑310,
eff. 1‑1‑08; 95‑337,
eff. 6‑1‑08; 95‑685,
eff. 6‑23‑07; 95‑876,
eff. 8‑21‑08.) |
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(625 ILCS 5/6‑103.1)
Sec. 6‑103.1. New
residents; out‑of‑state
revocation.
(a) The Secretary of
State may not issue a
driver's license to a
nonresident who becomes
a resident of this State
while the new resident's
driving privileges are
revoked, under terms
similar to those
provided in Section
1‑176 of this Code, in
another state.
(b) The Secretary
may issue restricted
driving permits to new
residents whose driving
privileges are revoked
in another state. These
permits must be issued
according to the
restrictions, and for
the purposes, stated in
Sections 6‑205 and 6‑206
of this Code. The
Secretary shall adopt
rules for the issuance
of these permits.
(c) A restricted
driving permit issued
under this Section is
subject to cancellation,
revocation, and
suspension by the
Secretary of State in
the same manner and for
the same causes as a
driver's license issued
under this Code may be
cancelled, revoked, or
suspended, except that a
conviction of one or
more offenses against
laws or ordinances
regulating the movement
of traffic is sufficient
cause for the
revocation, suspension,
or cancellation of a
restricted driving
permit.
(Source: P.A. 94‑473,
eff. 1‑1‑06; 94‑930,
eff. 6‑26‑06.) |
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(625 ILCS 5/6‑104)
(from Ch. 95 1/2, par.
6‑104)
Sec. 6‑104.
Classification of Driver
‑ Special Restrictions.
(a) A driver's
license issued under the
authority of this Act
shall indicate the
classification for which
the applicant therefor
has qualified by
examination or by such
other means that the
Secretary of State shall
prescribe. Driver's
license classifications
shall be prescribed by
rule or regulation
promulgated by the
Secretary of State and
such may specify
classifications as to
operation of motor
vehicles of the first
division, or of those of
the second division,
whether operated singly
or in lawful
combination, and whether
for‑hire or
not‑for‑hire, and may
specify such other
classifications as the
Secretary deems
necessary.
No person shall
operate a motor vehicle
unless such person has a
valid license with a
proper classification to
permit the operation of
such vehicle, except
that any person may
operate a motorized
pedalcycle if such
person has a valid
current Illinois
driver's license,
regardless of
classification.
(b) No person who is
under the age of 21
years or has had less
than 1 year of driving
experience shall drive:
(1) in connection with
the operation of any
school, day camp, summer
camp, or nursery school,
any public or private
motor vehicle for
transporting children to
or from any school, day
camp, summer camp, or
nursery school, or (2)
any motor vehicle of the
second division when in
use for the
transportation of
persons for
compensation.
(c) No person who is
under the age of 18
years shall be issued a
license for the purpose
of transporting property
for hire, or for the
purpose of transporting
persons for compensation
in a motor vehicle of
the first division.
(d) No person shall
drive: (1) a school bus
when transporting school
children unless such
person possesses a valid
school bus driver permit
or is accompanied and
supervised, for the
specific purpose of
training prior to
routine operation of a
school bus, by a person
who has held a valid
school bus driver permit
for at least one year;
or (2) any other vehicle
owned or operated by or
for a public or private
school, or a school
operated by a religious
institution, where such
vehicle is being used
over a regularly
scheduled route for the
transportation of
persons enrolled as a
student in grade 12 or
below, in connection
with any activity of the
entities unless such
person possesses a valid
school bus driver
permit.
(d‑5) No person may
drive a bus that does
not meet the special
requirements for school
buses provided in
Sections 12‑801, 12‑802,
12‑803, and 12‑805 of
this Code that has been
chartered for the sole
purpose of transporting
students regularly
enrolled in grade 12 or
below to or from
interscholastic athletic
or interscholastic or
school sponsored
activities unless the
person has a valid and
properly classified
commercial driver's
license as provided in
subsection (c‑1) of
Section 6‑508 of this
Code in addition to any
other permit or license
that is required to
operate that bus. This
subsection (d‑5) does
not apply to any bus
driver employed by a
public transportation
provider authorized to
conduct local or
interurban
transportation of
passengers when the bus
is not traveling a
specific school bus
route but is on a
regularly scheduled
route for the
transporting of other
fare paying passengers.
A person may operate
a chartered bus
described in this
subsection (d‑5) if he
or she is not
disqualified from
driving a chartered bus
of that type and if he
or she holds a CDL that
is:
(1) issued to
him or her by any other
state or |
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jurisdiction
in
accordance
with 49 CFR
383; |
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(2) not
suspended, revoked, or
canceled; and
(3) valid under
49 CFR 383, subpart F,
for the type
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A person may also
operate a chartered bus
described in this
subsection (d‑5) if he
or she holds a valid CDL
and a valid school bus
driver permit that was
issued on or before
December 31, 2003.
(e) No person shall
drive a religious
organization bus unless
such person has a valid
and properly classified
drivers license or a
valid school bus driver
permit.
(f) No person shall
drive a motor vehicle
for the purpose of
providing transportation
for the elderly in
connection with the
activities of any public
or private organization
unless such person has a
valid and properly
classified driver's
license issued by the
Secretary of State.
(g) No person shall
drive a bus which meets
the special requirements
for school buses
provided in Section
12‑801, 12‑802, 12‑803
and 12‑805 of this Code
for the purpose of
transporting persons 18
years of age or less in
connection with any
youth camp licensed
under the Youth Camp Act
or any child care
facility licensed under
the Child Care Act of
1969 unless such person
possesses a valid school
bus driver permit or is
accompanied and
supervised, for the
specific purpose of
training prior to
routine operation of a
school bus, by a person
who has held a valid
school bus driver permit
for at least one year;
however, a person who
has a valid and properly
classified driver's
license issued by the
Secretary of State may
operate a school bus for
the purpose of
transporting persons 18
years of age or less in
connection with any such
youth camp or child care
facility if the "SCHOOL
BUS" signs are covered
or concealed and the
stop signal arm and
flashing signal systems
are not operable through
normal controls.
(Source: P.A. 92‑849,
eff. 1‑1‑03; 93‑476,
eff. 1‑1‑04; 93‑644,
eff. 6‑1‑04.)
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(625 ILCS 5/6‑105)
(from Ch. 95 1/2, par.
6‑105)
Sec. 6‑105.
Instruction permits and
temporary licenses for
persons 18 years of age
or older.
(a) Except as
provided in this
Section, the Secretary
of State upon receiving
proper application and
payment of the required
fee may issue an
instruction permit to
any person 18 years of
age or older who is not
ineligible for a license
under paragraphs 1, 3,
4, 5, 7, or 8 of Section
6‑103, after the
applicant has
successfully passed such
examination as the
Secretary of State in
his discretion may
prescribe.
1. An instruction
permit entitles the
holder while having the
permit in his immediate
possession to drive a
motor vehicle, excluding
a motor driven cycle or
motorcycle, upon the
highways for a period of
12 months after the date
of its issuance when
accompanied by a
licensed driver who is
21 years of age or
older, who has had a
valid driver's license
classification to
operate such vehicle for
at least one year and
has had one year of
driving experience with
such classification and
who is occupying a seat
beside the driver.
2. A 12 month
instruction permit for a
motor driven cycle or
motorcycle may be issued
to a person 18 years of
age or more, and
entitles the holder to
drive upon the highways
during daylight under
the direct supervision
of a licensed motor
driven cycle operator or
motorcycle operator with
the same or greater
classification, who is
21 years of age or older
and who has at least one
year of driving
experience.
3. (Blank).
(b) (Blank).
(c) The Secretary of
State may issue a
temporary driver's
license to an applicant
for a license permitting
the operation of a motor
vehicle while the
Secretary is completing
an investigation and
determination of all
facts relative to such
applicant's eligibility
to receive such license,
or for any other reason
prescribed by rule or
regulation promulgated
by the Secretary of
State. Such permit must
be in the applicant's
immediate possession
while operating a motor
vehicle, and it shall be
invalid when the
applicant's driver's
license has been issued
or for good cause has
been refused. In each
case the Secretary of
State may issue the
temporary driver's
license for such period
as appropriate but in no
event for longer than 90
days.
(Source: P.A. 90‑369,
eff. 1‑1‑98.)
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(625 ILCS 5/6‑105.1)
Sec. 6‑105.1.
Temporary visitor's
driver's license.
(a) The Secretary of
State may issue a
temporary visitor's
driver's license to a
foreign national who (i)
resides in this State,
(ii) is ineligible to
obtain a social security
number, and (iii)
presents to the
Secretary documentation,
issued by United States
Citizenship and
Immigration Services,
authorizing the person's
presence in this
country.
(b) A temporary
visitor's driver's
license is valid for 3
years, or for the period
of time the individual
is authorized to remain
in this country,
whichever ends sooner.
(c) The Secretary
shall adopt rules for
implementing this
Section, including rules
regarding the design and
content of the temporary
visitor's driver's
license.
(Source: P.A. 93‑752,
eff. 1‑1‑05.) |
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(625 ILCS 5/6‑106)
(from Ch. 95 1/2, par.
6‑106)
Sec. 6‑106.
Application for license
or instruction permit.
(a) Every
application for any
permit or license
authorized to be issued
under this Act shall be
made upon a form
furnished by the
Secretary of State.
Every application shall
be accompanied by the
proper fee and payment
of such fee shall
entitle the applicant to
not more than 3 attempts
to pass the examination
within a period of 1
year after the date of
application.
(b) Every
application shall state
the legal name, social
security number, zip
code, date of birth,
sex, and residence
address of the
applicant; briefly
describe the applicant;
state whether the
applicant has
theretofore been
licensed as a driver,
and, if so, when and by
what state or country,
and whether any such
license has ever been
cancelled, suspended,
revoked or refused, and,
if so, the date and
reason for such
cancellation,
suspension, revocation
or refusal; shall
include an affirmation
by the applicant that
all information set
forth is true and
correct; and shall bear
the applicant's
signature. The
application form may
also require the
statement of such
additional relevant
information as the
Secretary of State shall
deem necessary to
determine the
applicant's competency
and eligibility. The
Secretary of State may
in his discretion
substitute a federal tax
number in lieu of a
social security number,
or he may instead assign
an additional
distinctive number in
lieu thereof, where an
applicant is prohibited
by bona fide religious
convictions from
applying or is exempt
from applying for a
social security number.
The Secretary of State
shall, however,
determine which
religious orders or
sects have such bona
fide religious
convictions. The
Secretary of State may,
in his discretion, by
rule or regulation,
provide that an
application for a
drivers license or
permit may include a
suitable photograph of
the applicant in the
form prescribed by the
Secretary, and he may
further provide that
each drivers license
shall include a
photograph of the
driver. The Secretary of
State may utilize a
photograph process or
system most suitable to
deter alteration or
improper reproduction of
a drivers license and to
prevent substitution of
another photo thereon.
(c) The application
form shall include a
notice to the applicant
of the registration
obligations of sex
offenders under the Sex
Offender Registration
Act. The notice shall be
provided in a form and
manner prescribed by the
Secretary of State. For
purposes of this
subsection (c), "sex
offender" has the
meaning ascribed to it
in Section 2 of the Sex
Offender Registration
Act.
(d) Any male United
States citizen or
immigrant who applies
for any permit or
license authorized to be
issued under this Act or
for a renewal of any
permit or license, and
who is at least 18 years
of age but less than 26
years of age, must be
registered in compliance
with the requirements of
the federal Military
Selective Service Act.
The Secretary of State
must forward in an
electronic format the
necessary personal
information regarding
the applicants
identified in this
subsection (d) to the
Selective Service
System. The applicant's
signature on the
application serves as an
indication that the
applicant either has
already registered with
the Selective Service
System or that he is
authorizing the
Secretary to forward to
the Selective Service
System the necessary
information for
registration. The
Secretary must notify
the applicant at the
time of application that
his signature
constitutes consent to
registration with the
Selective Service
System, if he is not
already registered.
(Source: P.A. 92‑117,
eff. 1‑1‑02; 93‑895,
eff. 1‑1‑05.)
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(625 ILCS 5/6‑106.1)
(from Ch. 95 1/2, par.
6‑106.1)
Sec. 6‑106.1. School
bus driver permit.
(a) The Secretary of
State shall issue a
school bus driver permit
to those applicants who
have met all the
requirements of the
application and
screening process under
this Section to insure
the welfare and safety
of children who are
transported on school
buses throughout the
State of Illinois.
Applicants shall obtain
the proper application
required by the
Secretary of State from
their prospective or
current employer and
submit the completed
application to the
prospective or current
employer along with the
necessary fingerprint
submission as required
by the Department of
State Police to conduct
fingerprint based
criminal background
checks on current and
future information
available in the state
system and current
information available
through the Federal
Bureau of
Investigation's system.
Applicants who have
completed the
fingerprinting
requirements shall not
be subjected to the
fingerprinting process
when applying for
subsequent permits or
submitting proof of
successful completion of
the annual refresher
course. Individuals who
on the effective date of
this Act possess a valid
school bus driver permit
that has been previously
issued by the
appropriate Regional
School Superintendent
are not subject to the
fingerprinting
provisions of this
Section as long as the
permit remains valid and
does not lapse. The
applicant shall be
required to pay all
related application and
fingerprinting fees as
established by rule
including, but not
limited to, the amounts
established by the
Department of State
Police and the Federal
Bureau of Investigation
to process fingerprint
based criminal
background
investigations. All fees
paid for fingerprint
processing services
under this Section shall
be deposited into the
State Police Services
Fund for the cost
incurred in processing
the fingerprint based
criminal background
investigations. All
other fees paid under
this Section shall be
deposited into the Road
Fund for the purpose of
defraying the costs of
the Secretary of State
in administering this
Section. All applicants
must:
1. be 21 years
of age or older;
2. possess a
valid and properly
classified driver's
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license
issued by
the
Secretary of
State;
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3. possess a
valid driver's license,
which has not
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been
revoked,
suspended,
or canceled
for 3 years
immediately
prior to the
date of
application,
or have not
had his or
her
commercial
motor
vehicle
driving
privileges
disqualified
within the 3
years
immediately
prior to the
date of
application;
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4. successfully
pass a written test,
administered by
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the
Secretary of
State, on
school bus
operation,
school bus
safety, and
special
traffic laws
relating to
school buses
and submit
to a review
of the
applicant's
driving
habits by
the
Secretary of
State at the
time the
written test
is given;
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5. demonstrate
ability to exercise
reasonable care in
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the
operation of
school buses
in
accordance
with rules
promulgated
by the
Secretary of
State;
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6. demonstrate
physical fitness to
operate school
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buses by
submitting
the results
of a medical
examination,
including
tests for
drug use for
each
applicant
not subject
to such
testing
pursuant to
federal law,
conducted by
a licensed
physician,
an advanced
practice
nurse who
has a
written
collaborative
agreement
with a
collaborating
physician
which
authorizes
him or her
to perform
medical
examinations,
or a
physician
assistant
who has been
delegated
the
performance
of medical
examinations
by his or
her
supervising
physician
within 90
days of the
date of
application
according to
standards
promulgated
by the
Secretary of
State;
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7. affirm under
penalties of perjury
that he or she
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has not made
a false
statement or
knowingly
concealed a
material
fact in any
application
for permit;
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8. have
completed an initial
classroom course,
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including
first aid
procedures,
in school
bus driver
safety as
promulgated
by the
Secretary of
State; and
after
satisfactory
completion
of said
initial
course an
annual
refresher
course; such
courses and
the agency
or
organization
conducting
such courses
shall be
approved by
the
Secretary of
State;
failure to
complete the
annual
refresher
course,
shall result
in
cancellation
of the
permit until
such course
is
completed;
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9. not have been
convicted of 2 or more
serious |
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traffic
offenses, as
defined by
rule, within
one year
prior to the
date of
application
that may
endanger the
life or
safety of
any of the
driver's
passengers
within the
duration of
the permit
period;
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10. not have
been convicted of
reckless driving,
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driving
while
intoxicated,
or reckless
homicide
resulting
from the
operation of
a motor
vehicle
within 3
years of the
date of
application;
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11. not have
been convicted of
committing or
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attempting
to commit
any one or
more of the
following
offenses:
(i) those
offenses
defined in
Sections
9‑1, 9‑1.2,
9‑2, 9‑2.1,
9‑3, 9‑3.2,
9‑3.3, 10‑1,
10‑2,
10‑3.1,
10‑4, 10‑5,
10‑6, 10‑7,
11‑6, 11‑9,
11‑9.1,
11‑14,
11‑15,
11‑15.1,
11‑16,
11‑17,
11‑18,
11‑19,
11‑19.1,
11‑19.2,
11‑20,
11‑20.1,
11‑21,
11‑22,
12‑3.1,
12‑4.1,
12‑4.2,
12‑4.3,
12‑4.4,
12‑4.5,
12‑6,
12‑6.2,
12‑7.1,
12‑7.3,
12‑7.4,
12‑11,
12‑13,
12‑14,
12‑14.1,
12‑15,
12‑16,
12‑16.2,
12‑21.5,
12‑21.6,
12‑33, 18‑1,
18‑2, 18‑3,
18‑4, 18‑5,
20‑1,
20‑1.1,
20‑2, 24‑1,
24‑1.1,
24‑1.2,
24‑3.3,
31A‑1,
31A‑1.1, and
33A‑2, and
in
subsection
(a) and
subsection
(b), clause
(1), of
Section 12‑4
of the
Criminal
Code of
1961; (ii)
those
offenses
defined in
the Cannabis
Control Act
except those
offenses
defined in
subsections
(a) and (b)
of Section
4, and
subsection
(a) of
Section 5 of
the Cannabis
Control Act;
(iii) those
offenses
defined in
the Illinois
Controlled
Substances
Act; (iv)
those
offenses
defined in
the
Methamphetamine
Control and
Community
Protection
Act; (v) any
offense
committed or
attempted in
any other
state or
against the
laws of the
United
States,
which if
committed or
attempted in
this State
would be
punishable
as one or
more of the
foregoing
offenses;
(vi) the
offenses
defined in
Section 4.1
and 5.1 of
the Wrongs
to Children
Act and
(vii) those
offenses
defined in
Section 6‑16
of the
Liquor
Control Act
of 1934;
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12. not have
been repeatedly involved
as a driver in
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motor
vehicle
collisions
or been
repeatedly
convicted of
offenses
against laws
and
ordinances
regulating
the movement
of traffic,
to a degree
which
indicates
lack of
ability to
exercise
ordinary and
reasonable
care in the
safe
operation of
a motor
vehicle or
disrespect
for the
traffic laws
and the
safety of
other
persons upon
the highway;
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13. not have,
through the unlawful
operation of a
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motor
vehicle,
caused an
accident
resulting in
the death of
any person;
and
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14. not have,
within the last 5 years,
been adjudged
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to be
afflicted
with or
suffering
from any
mental
disability
or disease.
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(b) A school bus
driver permit shall be
valid for a period
specified by the
Secretary of State as
set forth by rule. It
shall be renewable upon
compliance with
subsection (a) of this
Section.
(c) A school bus
driver permit shall
contain the holder's
driver's license number,
legal name, residence
address, zip code,
social security number
and date of birth, a
brief description of the
holder and a space for
signature. The Secretary
of State may require a
suitable photograph of
the holder.
(d) The employer
shall be responsible for
conducting a
pre‑employment interview
with prospective school
bus driver candidates,
distributing school bus
driver applications and
medical forms to be
completed by the
applicant, and
submitting the
applicant's fingerprint
cards to the Department
of State Police that are
required for the
criminal background
investigations. The
employer shall certify
in writing to the
Secretary of State that
all pre‑employment
conditions have been
successfully completed
including the successful
completion of an
Illinois specific
criminal background
investigation through
the Department of State
Police and the
submission of necessary
fingerprints to the
Federal Bureau of
Investigation for
criminal history
information available
through the Federal
Bureau of Investigation
system. The applicant
shall present the
certification to the
Secretary of State at
the time of submitting
the school bus driver
permit application.
(e) Permits shall
initially be provisional
upon receiving
certification from the
employer that all
pre‑employment
conditions have been
successfully completed,
and upon successful
completion of all
training and examination
requirements for the
classification of the
vehicle to be operated,
the Secretary of State
shall provisionally
issue a School Bus
Driver Permit. The
permit shall remain in a
provisional status
pending the completion
of the Federal Bureau of
Investigation's criminal
background investigation
based upon
fingerprinting specimens
submitted to the Federal
Bureau of Investigation
by the Department of
State Police. The
Federal Bureau of
Investigation shall
report the findings
directly to the
Secretary of State. The
Secretary of State shall
remove the bus driver
permit from provisional
status upon the
applicant's successful
completion of the
Federal Bureau of
Investigation's criminal
background
investigation.
(f) A school bus
driver permit holder
shall notify the
employer and the
Secretary of State if he
or she is convicted in
another state of an
offense that would make
him or her ineligible
for a permit under
subsection (a) of this
Section. The written
notification shall be
made within 5 days of
the entry of the
conviction. Failure of
the permit holder to
provide the notification
is punishable as a petty
offense for a first
violation and a Class B
misdemeanor for a second
or subsequent violation.
(g) Cancellation;
suspension; notice and
procedure.
(1) The
Secretary of State shall
cancel a school bus
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driver
permit of an
applicant
whose
criminal
background
investigation
discloses
that he or
she is not
in
compliance
with the
provisions
of
subsection
(a) of this
Section.
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(2) The
Secretary of State shall
cancel a school bus
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driver
permit when
he or she
receives
notice that
the permit
holder fails
to comply
with any
provision of
this Section
or any rule
promulgated
for the
administration
of this
Section.
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(3) The
Secretary of State shall
cancel a school bus
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driver
permit if
the permit
holder's
restricted
commercial
or
commercial
driving
privileges
are
withdrawn or
otherwise
invalidated.
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(4) The
Secretary of State may
not issue a school bus
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driver
permit for a
period of 3
years to an
applicant
who fails to
obtain a
negative
result on a
drug test as
required in
item 6 of
subsection
(a) of this
Section or
under
federal law.
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(5) The
Secretary of State shall
forthwith suspend a
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school bus
driver
permit for a
period of 3
years upon
receiving
notice that
the holder
has failed
to obtain a
negative
result on a
drug test as
required in
item 6 of
subsection
(a) of this
Section or
under
federal law.
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The Secretary of
State shall notify the
State Superintendent of
Education and the permit
holder's prospective or
current employer that
the applicant has (1)
has failed a criminal
background investigation
or (2) is no longer
eligible for a school
bus driver permit; and
of the related
cancellation of the
applicant's provisional
school bus driver
permit. The cancellation
shall remain in effect
pending the outcome of a
hearing pursuant to
Section 2‑118 of this
Code. The scope of the
hearing shall be limited
to the issuance criteria
contained in subsection
(a) of this Section. A
petition requesting a
hearing shall be
submitted to the
Secretary of State and
shall contain the reason
the individual feels he
or she is entitled to a
school bus driver
permit. The permit
holder's employer shall
notify in writing to the
Secretary of State that
the employer has
certified the removal of
the offending school bus
driver from service
prior to the start of
that school bus driver's
next workshift. An
employing school board
that fails to remove the
offending school bus
driver from service is
subject to the penalties
defined in Section
3‑14.23 of the School
Code. A school bus
contractor who violates
a provision of this
Section is subject to
the penalties defined in
Section 6‑106.11.
All valid school bus
driver permits issued
under this Section prior
to January 1, 1995,
shall remain effective
until their expiration
date unless otherwise
invalidated.
(Source: P.A. 93‑895,
eff. 1‑1‑05; 94‑556,
eff. 9‑11‑05.)
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(625 ILCS
5/6‑106.1a)
Sec. 6‑106.1a.
Cancellation of school
bus driver permit; trace
of alcohol.
(a) A person who has
been issued a school bus
driver permit by the
Secretary of State in
accordance with Section
6‑106.1 of this Code and
who drives or is in
actual physical control
of a school bus or any
other vehicle owned or
operated by or for a
public or private
school, or a school
operated by a religious
institution, when the
vehicle is being used
over a regularly
scheduled route for the
transportation of
persons enrolled as
students in grade 12 or
below, in connection
with any activity of the
entities listed, upon
the public highways of
this State shall be
deemed to have given
consent to a chemical
test or tests of blood,
breath, or urine for the
purpose of determining
the alcohol content of
the person's blood if
arrested, as evidenced
by the issuance of a
Uniform Traffic Ticket
for any violation of
this Code or a similar
provision of a local
ordinance, if a police
officer has probable
cause to believe that
the driver has consumed
any amount of an
alcoholic beverage based
upon evidence of the
driver's physical
condition or other first
hand knowledge of the
police officer. The test
or tests shall be
administered at the
direction of the
arresting officer. The
law enforcement agency
employing the officer
shall designate which of
the aforesaid tests
shall be administered. A
urine test may be
administered even after
a blood or breath test
or both has been
administered.
(b) A person who is
dead, unconscious, or
who is otherwise in a
condition rendering that
person incapable of
refusal, shall be deemed
not to have withdrawn
the consent provided by
paragraph (a) of this
Section and the test or
tests may be
administered subject to
the following
provisions:
(1) Chemical
analysis of the person's
blood, urine,
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breath, or
other
substance,
to be
considered
valid under
the
provisions
of this
Section,
shall have
been
performed
according to
standards
promulgated
by the
Department
of State
Police by an
individual
possessing a
valid permit
issued by
the
Department
of State
Police for
this
purpose. The
Director of
State Police
is
authorized
to approve
satisfactory
techniques
or methods,
to ascertain
the
qualifications
and
competence
of
individuals
to conduct
analyses, to
issue
permits that
shall be
subject to
termination
or
revocation
at the
direction of
the
Department
of State
Police, and
to certify
the accuracy
of breath
testing
equipment.
The
Department
of State
Police shall
prescribe
rules as
necessary. |
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(2) When a
person submits to a
blood test at the
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request of a
law
enforcement
officer
under the
provisions
of this
Section,
only a
physician
authorized
to practice
medicine, a
registered
nurse, or
other
qualified
person
trained in
venipuncture
and acting
under the
direction of
a licensed
physician
may withdraw
blood for
the purpose
of
determining
the alcohol
content.
This
limitation
does not
apply to the
taking of
breath or
urine
specimens. |
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(3) The person
tested may have a
physician, |
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qualified
technician,
chemist,
registered
nurse, or
other
qualified
person of
his or her
own choosing
administer a
chemical
test or
tests in
addition to
any test or
tests
administered
at the
direction of
a law
enforcement
officer. The
test
administered
at the
request of
the person
may be
admissible
into
evidence at
a hearing
conducted in
accordance
with Section
2‑118 of
this Code.
The failure
or inability
to obtain an
additional
test by a
person shall
not preclude
the
consideration
of the
previously
performed
chemical
test. |
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(4) Upon a
request of the person
who submits to a
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chemical
test or
tests at the
request of a
law
enforcement
officer,
full
information
concerning
the test or
tests shall
be made
available to
the person
or that
person's
attorney by
the
requesting
law
enforcement
agency
within 72
hours of
receipt of
the test
result. |
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(5) Alcohol
concentration means
either grams of
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alcohol per
100
milliliters
of blood or
grams of
alcohol per
210 liters
of breath. |
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(6) If a driver
is receiving medical
treatment as a
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result of a
motor
vehicle
accident, a
physician
licensed to
practice
medicine,
registered
nurse, or
other
qualified
person
trained in
venipuncture
and acting
under the
direction of
a licensed
physician
shall
withdraw
blood for
testing
purposes to
ascertain
the presence
of alcohol
upon the
specific
request of a
law
enforcement
officer.
However,
that testing
shall not be
performed
until, in
the opinion
of the
medical
personnel on
scene, the
withdrawal
can be made
without
interfering
with or
endangering
the
well‑being
of the
patient. |
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(c) A person
requested to submit to a
test as provided in this
Section shall be warned
by the law enforcement
officer requesting the
test that a refusal to
submit to the test, or
submission to the test
resulting in an alcohol
concentration of more
than 0.00, may result in
the loss of that
person's privilege to
possess a school bus
driver permit. The loss
of the individual's
privilege to possess a
school bus driver permit
shall be imposed in
accordance with Section
6‑106.1b of this Code.
(d) If the person
refuses testing or
submits to a test that
discloses an alcohol
concentration of more
than 0.00, the law
enforcement officer
shall immediately submit
a sworn report to the
Secretary of State on a
form prescribed by the
Secretary of State
certifying that the test
or tests were requested
under subsection (a) and
the person refused to
submit to a test or
tests or submitted to
testing which disclosed
an alcohol concentration
of more than 0.00. The
law enforcement officer
shall submit the same
sworn report when a
person who has been
issued a school bus
driver permit and who
was operating a school
bus or any other vehicle
owned or operated by or
for a public or private
school, or a school
operated by a religious
institution, when the
vehicle is being used
over a regularly
scheduled route for the
transportation of
persons enrolled as
students in grade 12 or
below, in connection
with any activity of the
entities listed, submits
to testing under Section
11‑501.1 of this Code
and the testing
discloses an alcohol
concentration of more
than 0.00 and less than
the alcohol
concentration at which
driving or being in
actual physical control
of a motor vehicle is
prohibited under
paragraph (1) of
subsection (a) of
Section 11‑501.
Upon receipt of the
sworn report of a law
enforcement officer, the
Secretary of State shall
enter the school bus
driver permit sanction
on the individual's
driving record and the
sanction shall be
effective on the 46th
day following the date
notice of the sanction
was given to the person.
The law enforcement
officer submitting the
sworn report shall serve
immediate notice of this
school bus driver permit
sanction on the person
and the sanction shall
be effective on the 46th
day following the date
notice was given.
In cases where the
blood alcohol
concentration of more
than 0.00 is established
by a subsequent analysis
of blood or urine, the
police officer or
arresting agency shall
give notice as provided
in this Section or by
deposit in the United
States mail of that
notice in an envelope
with postage prepaid and
addressed to that person
at his or her last known
address and the loss of
the school bus driver
permit shall be
effective on the 46th
day following the date
notice was given.
Upon receipt of the
sworn report of a law
enforcement officer, the
Secretary of State shall
also give notice of the
school bus driver permit
sanction to the driver
and the driver's current
employer by mailing a
notice of the effective
date of the sanction to
the individual. However,
shall the sworn report
be defective by not
containing sufficient
information or be
completed in error, the
notice of the school bus
driver permit sanction
may not be mailed to the
person or his current
employer or entered to
the driving record, but
rather the sworn report
shall be returned to the
issuing law enforcement
agency.
(e) A driver may
contest this school bus
driver permit sanction
by requesting an
administrative hearing
with the Secretary of
State in accordance with
Section 2‑118 of this
Code. An individual
whose blood alcohol
concentration is shown
to be more than 0.00 is
not subject to this
Section if he or she
consumed alcohol in the
performance of a
religious service or
ceremony. An individual
whose blood alcohol
concentration is shown
to be more than 0.00
shall not be subject to
this Section if the
individual's blood
alcohol concentration
resulted only from
ingestion of the
prescribed or
recommended dosage of
medicine that contained
alcohol. The petition
for that hearing shall
not stay or delay the
effective date of the
impending suspension.
The scope of this
hearing shall be limited
to the issues of:
(1) whether the
police officer had
probable cause to
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|
believe that
the person
was driving
or in actual
physical
control of a
school bus
or any other
vehicle
owned or
operated by
or for a
public or
private
school, or a
school
operated by
a religious
institution,
when the
vehicle is
being used
over a
regularly
scheduled
route for
the
transportation
of persons
enrolled as
students in
grade 12 or
below, in
connection
with any
activity of
the entities
listed, upon
the public
highways of
the State
and the
police
officer had
reason to
believe that
the person
was in
violation of
any
provision of
this Code or
a similar
provision of
a local
ordinance;
and |
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|
(2) whether the
person was issued a
Uniform Traffic
|
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Ticket for
any
violation of
this Code or
a similar
provision of
a local
ordinance;
and |
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|
(3) whether the
police officer had
probable cause to
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|
believe that
the driver
had consumed
any amount
of an
alcoholic
beverage
based upon
the driver's
physical
actions or
other
first‑hand
knowledge of
the police
officer; and |
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(4) whether the
person, after being
advised by the
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officer that
the
privilege to
possess a
school bus
driver
permit would
be canceled
if the
person
refused to
submit to
and complete
the test or
tests, did
refuse to
submit to or
complete the
test or
tests to
determine
the person's
alcohol
concentration;
and |
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(5) whether the
person, after being
advised by the
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officer that
the
privileges
to possess a
school bus
driver
permit would
be canceled
if the
person
submits to a
chemical
test or
tests and
the test or
tests
disclose an
alcohol
concentration
of more than
0.00 and the
person did
submit to
and complete
the test or
tests that
determined
an alcohol
concentration
of more than
0.00; and
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(6) whether the
test result of an
alcohol |
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concentration
of more than
0.00 was
based upon
the person's
consumption
of alcohol
in the
performance
of a
religious
service or
ceremony;
and |
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(7) whether the
test result of an
alcohol |
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concentration
of more than
0.00 was
based upon
the person's
consumption
of alcohol
through
ingestion of
the
prescribed
or
recommended
dosage of
medicine. |
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The Secretary of
State may adopt
administrative rules
setting forth
circumstances under
which the holder of a
school bus driver permit
is not required to
appear in person at the
hearing.
Provided that the
petitioner may subpoena
the officer, the hearing
may be conducted upon a
review of the law
enforcement officer's
own official reports.
Failure of the officer
to answer the subpoena
shall be grounds for a
continuance if, in the
hearing officer's
discretion, the
continuance is
appropriate. At the
conclusion of the
hearing held under
Section 2‑118 of this
Code, the Secretary of
State may rescind,
continue, or modify the
school bus driver permit
sanction.
(f) The results of
any chemical testing
performed in accordance
with subsection (a) of
this Section are not
admissible in any civil
or criminal proceeding,
except that the results
of the testing may be
considered at a hearing
held under Section 2‑118
of this Code. However,
the results of the
testing may not be used
to impose driver's
license sanctions under
Section 11‑501.1 of this
Code. A law enforcement
officer may, however,
pursue a statutory
summary suspension of
driving privileges under
Section 11‑501.1 of this
Code if other physical
evidence or first hand
knowledge forms the
basis of that
suspension.
(g) This Section
applies only to drivers
who have been issued a
school bus driver permit
in accordance with
Section 6‑106.1 of this
Code at the time of the
issuance of the Uniform
Traffic Ticket for a
violation of this Code
or a similar provision
of a local ordinance,
and a chemical test
request is made under
this Section.
(h) The action of
the Secretary of State
in suspending, revoking,
canceling, or denying
any license, permit,
registration, or
certificate of title
shall be subject to
judicial review in the
Circuit Court of
Sangamon County or in
the Circuit Court of
Cook County, and the
provisions of the
Administrative Review
Law and its rules are
hereby adopted and shall
apply to and govern
every action for the
judicial review of final
acts or decisions of the
Secretary of State under
this Section.
(Source: P.A. 90‑107,
eff. 1‑1‑98; 91‑124,
eff. 7‑16‑99; 91‑828,
eff. 1‑1‑01.)
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(625 ILCS
5/6‑106.1b)
Sec. 6‑106.1b. Loss
of school bus driver
permit privileges;
failure or refusal to
submit to chemical
testing. Unless the loss
of school bus driver
permit privileges based
upon consumption of
alcohol by an individual
who has been issued a
school bus driver permit
in accordance with
Section 6‑106.1 of this
Code or refusal to
submit to testing has
been rescinded by the
Secretary of State in
accordance with
subsection (c) of
Section 6‑206 of this
Code, a person whose
privilege to possess a
school bus driver permit
has been canceled under
Section 6‑106.1a is not
eligible for restoration
of the privilege until
the expiration of 3
years from the effective
date of the cancellation
for a person who has
refused or failed to
complete a test or tests
to determine blood
alcohol concentration or
has submitted to testing
with a blood alcohol
concentration of more
than 0.00.
(Source: P.A. 90‑107,
eff. 1‑1‑98; 91‑124,
eff. 7‑16‑99.)
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(625 ILCS 5/6‑106.2)
(from Ch. 95 1/2, par.
6‑106.2)
Sec. 6‑106.2.
Religious organization
bus driver. A religious
organization bus driver
shall meet the following
requirements:
1. is 21 years
of age or older;
2. has a valid
and properly classified
driver's |
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license
issued by
the
Secretary of
State; |
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3. has held a
valid driver's license,
not |
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|
necessarily
of the same
classification,
for 3 years
prior to the
date of
application; |
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4. has
demonstrated an ability
to exercise |
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|
reasonable
care in the
safe
operation of
religious
organization
buses in
accordance
with such
standards as
the
Secretary of
State
prescribes
including a
driving test
in a
religious
organization
bus; and |
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5. has not been
convicted of any of the
following |
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offenses
within 3
years of the
date of
application:
Sections
11‑401
(leaving the
scene of a
traffic
accident
involving
death or
personal
injury),
11‑501
(driving
under the
influence),
11‑503
(reckless
driving),
11‑504 (drag
racing), and
11‑506
(street
racing) of
this Code,
or Sections
9‑3
(manslaughter
or reckless
homicide)
and 12‑5
(reckless
conduct
arising from
the use of a
motor
vehicle) of
the Criminal
Code of
1961. |
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(Source: P.A. 95‑310,
eff. 1‑1‑08.)
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(625 ILCS 5/6‑106.3)
(from Ch. 95 1/2, par.
6‑106.3)
Sec. 6‑106.3. Senior
citizen transportation ‑
driver. A driver of a
vehicle operated solely
for the purpose of
providing transportation
for the elderly in
connection with the
activities of any public
or private organization
shall meet the following
requirements:
(1) is 21 years
of age or older;
(2) has a valid
and properly classified
driver's |
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license
issued by
the
Secretary of
State; |
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|
(3) has had a
valid driver's license,
not necessarily
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|
of the same
classification,
for 3 years
prior to the
date of
application; |
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|
(4) has
demonstrated his ability
to exercise |
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|
reasonable
care in the
safe
operation of
a motor
vehicle
which will
be utilized
to transport
persons in
accordance
with such
standards as
the
Secretary of
State
prescribes
including a
driving test
in such
motor
vehicle; and |
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(5) has not been
convicted of any of the
following |
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|
offenses
within 3
years of the
date of
application:
Sections
11‑401
(leaving the
scene of a
traffic
accident
involving
death or
personal
injury),
11‑501
(driving
under the
influence),
11‑503
(reckless
driving),
11‑504 (drag
racing), and
11‑506
(street
racing) of
this Code,
or Sections
9‑3
(manslaughter
or reckless
homicide)
and 12‑5
(reckless
conduct
arising from
the use of a
motor
vehicle) of
the Criminal
Code of
1961. |
|
|
(Source: P.A. 95‑310,
eff. 1‑1‑08.)
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(625 ILCS 5/6‑106.4)
(from Ch. 95 1/2, par.
6‑106.4)
Sec. 6‑106.4.
For‑profit ridesharing
arrangement ‑ driver. No
person may drive a
commuter van while it is
being used for a
for‑profit ridesharing
arrangement unless such
person:
(1) is 21 years
of age or older;
(2) has a valid
and properly classified
driver's |
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|
license
issued by
the
Secretary of
State; |
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|
(3) has held a
valid driver's license,
not |
|
|
necessarily
of the same
classification,
for 3 years
prior to the
date of
application; |
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|
(4) has
demonstrated his ability
to exercise |
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|
reasonable
care in the
safe
operation of
commuter
vans used in
for‑profit
ridesharing
arrangements
in
accordance
with such
standards as
the
Secretary of
State may
prescribe,
which
standards
may require
a driving
test in a
commuter
van; and |
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|
(5) has not been
convicted of any of the
following |
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|
offenses
within 3
years of the
date of
application:
Sections
11‑401
(leaving the
scene of a
traffic
accident
involving
death or
personal
injury),
11‑501
(driving
under the
influence),
11‑503
(reckless
driving),
11‑504 (drag
racing), and
11‑506
(street
racing) of
this Code,
or Sections
9‑3
(manslaughter
or reckless
homicide)
and 12‑5
(reckless
conduct
arising from
the use of a
motor
vehicle) of
the Criminal
Code of
1961. |
|
|
(Source: P.A. 95‑310,
eff. 1‑1‑08.)
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(625 ILCS
5/6‑106.11)
(from Ch. 95 1/2, par.
6‑106.11)
Sec. 6‑106.11. (a)
Any individual,
corporation, partnership
or association, who
through contractual
arrangements with a
school district
transports students,
teachers or other
personnel of that
district for
compensation, shall not
permit any person to
operate a school bus
pursuant to that
contract if the driver
has not complied with
the provisions of
Sections 6‑106.1 of this
Code or such other rules
or regulations that the
Secretary of State may
prescribe for the
classification,
restriction or licensing
of school bus drivers.
(b) A violation of
this Section is a
business offense and
shall subject the
offender to a fine of no
less than $1,000 nor
more than $10,000 for a
first offense, no less
than $1,500 nor more
than $15,000 for a
second offense, and no
less than $2,000 nor
more than $20,000 for a
third or subsequent
offense. In addition to
any fines imposed under
this subsection, any
offender who has been
convicted three times
under the provisions of
subsection (a) shall,
upon a fourth or
subsequent conviction be
prohibited from
transporting or
contracting to transport
students, teachers or
other personnel of a
school district for a
period of five years
beginning with the date
of conviction of such
fourth or subsequent
conviction.
(Source: P.A. 83‑1286.)
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(625 ILCS 5/6‑107)
(from Ch. 95 1/2, par.
6‑107)
Sec. 6‑107.
Graduated license.
(a) The purpose of
the Graduated Licensing
Program is to develop
safe and mature driving
habits in young,
inexperienced drivers
and reduce or prevent
motor vehicle accidents,
fatalities, and injuries
by:
(1) providing
for an increase in the
time of |
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practice
period
before
granting
permission
to obtain a
driver's
license; |
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|
(2)
strengthening driver
licensing and testing
|
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|
standards
for persons
under the
age of 21
years; |
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|
(3) sanctioning
driving privileges of
drivers under
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|
age 21 who
have
committed
serious
traffic
violations
or other
specified
offenses;
and |
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|
(4) setting
stricter standards to
promote the |
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|
public's
health and
safety. |
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|
(b) The application
of any person under the
age of 18 years, and not
legally emancipated by
marriage, for a drivers
license or permit to
operate a motor vehicle
issued under the laws of
this State, shall be
accompanied by the
written consent of
either parent of the
applicant; otherwise by
the guardian having
custody of the
applicant, or in the
event there is no parent
or guardian, then by
another responsible
adult. The written
consent must accompany
any application for a
driver's license under
this subsection (b),
regardless of whether or
not the required written
consent also accompanied
the person's previous
application for an
instruction permit.
No graduated
driver's license shall
be issued to any
applicant under 18 years
of age, unless the
applicant is at least 16
years of age and has:
(1) Held a valid
instruction permit for a
minimum of |
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|
(2) Passed an
approved driver
education course and
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|
submits
proof of
having
passed the
course as
may be
required. |
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(3)
Certification by the
parent, legal guardian,
or |
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|
responsible
adult that
the
applicant
has had a
minimum of
50 hours of
behind‑the‑wheel
practice
time, at
least 10
hours of
which have
been at
night, and
is
sufficiently
prepared and
able to
safely
operate a
motor
vehicle. |
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(b‑1) No graduated
driver's license shall
be issued to any
applicant who is under
18 years of age and not
legally emancipated by
marriage, unless the
applicant has graduated
from a secondary school
of this State or any
other state, is enrolled
in a course leading to a
general educational
development (GED)
certificate, has
obtained a GED
certificate, is enrolled
in an elementary or
secondary school or
college or university of
this State or any other
state and is not a
chronic or habitual
truant as provided in
Section 26‑2a of the
School Code, or is
receiving home
instruction and submits
proof of meeting any of
those requirements at
the time of application.
An applicant under
18 years of age who
provides proof
acceptable to the
Secretary that the
applicant has resumed
regular school
attendance or home
instruction or that his
or her application was
denied in error shall be
eligible to receive a
graduated license if
other requirements are
met. The Secretary shall
adopt rules for
implementing this
subsection (b‑1).
(c) No graduated
driver's license or
permit shall be issued
to any applicant under
18 years of age who has
committed the offense of
operating a motor
vehicle without a valid
license or permit in
violation of Section
6‑101 of this Code and
no graduated driver's
license or permit shall
be issued to any
applicant under 18 years
of age who has committed
an offense that would
otherwise result in a
mandatory revocation of
a license or permit as
provided in Section
6‑205 of this Code or
who has been either
convicted of or
adjudicated a delinquent
based upon a violation
of the Cannabis Control
Act, the Illinois
Controlled Substances
Act, or the
Methamphetamine Control
and Community Protection
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.
(d) No graduated
driver's license shall
be issued for 9 months
to any applicant under
the age of 18 years who
has committed and
subsequently been
convicted of an offense
against traffic
regulations governing
the movement of vehicles
or any violation of this
Section or Section
12‑603.1 of this Code.
(e) No graduated
driver's license holder
under the age of 18
years shall operate any
motor vehicle, except a
motor driven cycle or
motorcycle, with more
than one passenger in
the front seat of the
motor vehicle and no
more passengers in the
back seats than the
number of available seat
safety belts as set
forth in Section 12‑603
of this Code. If a
graduated driver's
license holder over the
age of 18 committed an
offense against traffic
regulations governing
the movement of vehicles
or any violation of this
Section or Section
12‑603.1 of this Code in
the 6 months prior to
the graduated driver's
license holder's 18th
birthday, and was
subsequently convicted
of the violation, the
provisions of this
paragraph shall continue
to apply until such time
as a period of 6
consecutive months has
elapsed without an
additional violation and
subsequent conviction of
an offense against
traffic regulations
governing the movement
of vehicles or any
violation of this
Section or Section
12‑603.1 of this Code.
(f) No graduated
driver's license holder
under the age of 18
shall operate a motor
vehicle unless each
driver and passenger
under the age of 19 is
wearing a properly
adjusted and fastened
seat safety belt and
each child under the age
of 8 is protected as
required under the Child
Passenger Protection
Act. If a graduated
driver's license holder
over the age of 18
committed an offense
against traffic
regulations governing
the movement of vehicles
or any violation of this
Section or Section
12‑603.1 of this Code in
the 6 months prior to
the graduated driver's
license holder's 18th
birthday, and was
subsequently convicted
of the violation, the
provisions of this
paragraph shall continue
to apply until such time
as a period of 6
consecutive months has
elapsed without an
additional violation and
subsequent conviction of
an offense against
traffic regulations
governing the movement
of vehicles or any
violation of this
Section or Section
12‑603.1 of this Code.
(g) If a graduated
driver's license holder
is under the age of 18
when he or she receives
the license, for the
first 12 months he or
she holds the license or
until he or she reaches
the age of 18, whichever
occurs sooner, the
graduated license holder
may not operate a motor
vehicle with more than
one passenger in the
vehicle who is under the
age of 20, unless any
additional passenger or
passengers are siblings,
step‑siblings, children,
or stepchildren of the
driver. If a graduated
driver's license holder
committed an offense
against traffic
regulations governing
the movement of vehicles
or any violation of this
Section or Section
12‑603.1 of this Code
during the first 12
months the license is
held and subsequently is
convicted of the
violation, the
provisions of this
paragraph shall remain
in effect until such
time as a period of 6
consecutive months has
elapsed without an
additional violation and
subsequent conviction of
an offense against
traffic regulations
governing the movement
of vehicles or any
violation of this
Section or Section
12‑603.1 of this Code.
(h) It shall be an
offense for a person
that is age 15, but
under age 20, to be a
passenger in a vehicle
operated by a driver
holding a graduated
driver's license during
the first 12 months the
driver holds the license
or until the driver
reaches the age of 18,
whichever occurs sooner,
if another passenger
under the age of 20 is
present, excluding a
sibling, step‑sibling,
child, or step‑child of
the driver.
(Source: P.A. 94‑239,
eff. 1‑1‑06; 94‑241, eff.
1‑1‑06; 94‑556, eff.
9‑11‑05; 94‑897, eff.
6‑22‑06; 94‑916, eff.
7‑1‑07; 95‑310, eff.
1‑1‑08; 95‑331, eff.
8‑21‑07.) |
|
(625 ILCS 5/6‑107.1)
Sec. 6‑107.1.
Instruction permit for a
minor.
(a) The Secretary of
State, upon receiving
proper application and
payment of the required
fee, may issue an
instruction permit to
any person under the age
of 18 years who is not
ineligible for a license
under paragraphs 1, 3,
4, 5, 7, or 8 of Section
6‑103, after the
applicant has
successfully passed such
examination as the
Secretary of State in
his discretion may
prescribe.
(1) An
instruction permit
issued under this
Section |
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