Bill Text: IL HB0931 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Provides that no person may drive a commercial motor vehicle on a highway if such person's driving privilege, license, or permit is, among other things, subject to, or in violation of, a "driver or vehicle out of service order" (rather than "out of service order") while operating a vehicle designed to transport "16 or more passengers" (rather than "passengers"), including the driver, or while transporting "hazardous materials required to be placarded" (rather than "hazardous materials"). Exempts the drivers of commercial motor vehicles used primarily in the transportation of propane winter heating fuel and the drivers of motor vehicles used to respond to pipeline emergencies from the commercial driver's license requirements, but only if such requirements would prevent the driver from responding to an emergency condition requiring immediate response, as defined by federal regulation. Disqualifies a person from driving a commercial motor vehicle if that person has been convicted more than once of violating certain combinations of provisions related to out-of-service orders. Increases the minimum and maximum penalties for certain violations of the Uniform Commercial Driver's License Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-08-17 - Public Act . . . . . . . . . 96-0544 [HB0931 Detail]

Download: Illinois-2009-HB0931-Enrolled.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-507, 6-514, and 6-524 as follows:
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
Sec. 6-507. Commercial Driver's License (CDL) Required.
(a) Except as expressly permitted by this UCDLA, or when
driving pursuant to the issuance of a commercial driver
instruction permit and accompanied by the holder of a CDL valid
for the vehicle being driven; no person shall drive a
commercial motor vehicle on the highways without:
(1) a CDL in the driver's possession;
(2) having obtained a CDL; or
(3) the proper class of CDL or endorsements or both for
the specific vehicle group being operated or for the
passengers or type of cargo being transported.
(b) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways while such
person's driving privilege, license, or permit is:
(1) Suspended, revoked, cancelled, or subject to
disqualification. Any person convicted of violating this
provision or a similar provision of this or any other state

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shall have their driving privileges revoked under
paragraph 12 of subsection (a) of Section 6-205 of this
Code.
(2) Subject to or in violation of an "out-of-service"
order. Any person who has been issued a CDL and is
convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i)
of Section 6-514 of this Code.
(3) Subject to or in violation of a driver or vehicle
an "out of service" order while operating a vehicle
designed to transport 16 or more and while transporting
passengers, including the driver, or transporting
hazardous materials required to be placarded. Any person
who has been issued a CDL and is convicted of violating
this provision or a similar provision of this or any other
state shall be disqualified from operating a commercial
motor vehicle under subsection (i) of Section 6-514 of this
Code.
(b-3) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways during a
period which the commercial motor vehicle or the motor carrier
operation is subject to an "out-of-service" order. Any person
who is convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i) of

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Section 6-514 of this Code.
(b-5) Except as otherwise provided by this Code, no person
may transport passengers or hazardous materials during a period
in which the commercial motor vehicle or the motor carrier
operation is subject to an "out-of-service" order. Any person
who is convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i) of
Section 6-514 of this Code.
(c) Pursuant to the options provided to the States by FHWA
Docket No. MC-88-8, the driver of any motor vehicle controlled
or operated by or for a farmer is waived from the requirements
of this Section, when such motor vehicle is being used to
transport: agricultural products; implements of husbandry; or
farm supplies; to and from a farm, as long as such movement is
not over 150 air miles from the originating farm. This waiver
does not apply to the driver of any motor vehicle being used in
a common or contract carrier type operation. However, for those
drivers of any truck-tractor semitrailer combination or
combinations registered under subsection (c) of Section 3-815
of this Code, this waiver shall apply only when the driver is a
farmer or a member of the farmer's family and the driver is 21
years of age or more and has successfully completed any tests
the Secretary of State deems necessary.
In addition, the farmer or a member of the farmer's family
who operates a truck-tractor semitrailer combination or

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combinations pursuant to this waiver shall be granted all of
the rights and shall be subject to all of the duties and
restrictions with respect to Sections 6-514 and 6-515 of this
Code applicable to the driver who possesses a commercial
driver's license issued under this Code, except that the driver
shall not be subject to any additional duties or restrictions
contained in Part 382 of the Federal Motor Carrier Safety
Regulations that are not otherwise imposed under Section 6-514
or 6-515 of this Code.
For purposes of this subsection (c), a member of the
farmer's family is a natural or in-law spouse, child, parent,
or sibling.
(c-5) An employee of a township or road district with a
population of less than 3,000 operating a vehicle within the
boundaries of the township or road district for the purpose of
removing snow or ice from a roadway by plowing, sanding, or
salting is waived from the requirements of this Section when
the employee is needed to operate the vehicle because the
employee of the township or road district who ordinarily
operates the vehicle and who has a commercial driver's license
is unable to operate the vehicle or is in need of additional
assistance due to a snow emergency.
(c-10) A driver of a commercial motor vehicle used
primarily in the transportation of propane winter heating fuel
or a driver of a motor vehicle used to respond to a pipeline
emergency is waived from the requirements of this Section if

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such requirements would prevent the driver from responding to
an emergency condition requiring immediate response as defined
in 49 C.F.R. Part 390.5.
(d) Any person convicted of violating this Section, shall
be guilty of a Class A misdemeanor.
(e) Any person convicted of violating paragraph (1) of
subsection (b) of this Section, shall have all driving
privileges revoked by the Secretary of State.
(f) This Section shall not apply to:
(1) A person who currently holds a valid Illinois
driver's license, for the type of vehicle being operated,
until the expiration of such license or April 1, 1992,
whichever is earlier; or
(2) A non-Illinois domiciliary who is properly
licensed in another State, until April 1, 1992. A
non-Illinois domiciliary, if such domiciliary is properly
licensed in another State or foreign jurisdiction, until
April 1, 1992.
(Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06;
95-382, eff. 8-23-07.)
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
Sec. 6-514. Commercial Driver's License (CDL) -
Disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12

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months for the first violation of:
(1) Refusing to submit to or failure to complete a test
or tests to determine the driver's blood concentration of
alcohol, other drug, or both, while driving a commercial
motor vehicle or, if the driver is a CDL holder, while
driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath or
urine is at least 0.04, or any amount of a drug, substance,
or compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, or urine was
above the legal limit defined in Section 11-501.1 or
11-501.8 or any amount of a drug, substance, or compound in
the person's blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other

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verified evidence while holding a commercial driver's
license; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CDL holder, driving a non-CMV while under
the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly and wilfully leaving the scene of an
accident while operating a commercial motor vehicle
or, if the driver is a CDL holder, while driving a
non-CMV; or
(iii) Driving a commercial motor vehicle or, if the
driver is a CDL holder, driving a non-CMV while
committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor

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vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 and aggravated
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof under subdivision (d)(1)(F) of
Section 11-501 of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period of
not less than 3 years.
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance or
(ii) if the person is a CDL holder, uses a non-CMV in the

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commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may be
reduced to a period of not less than 10 years. If a reinstated
driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or
she shall be permanently disqualified for life and shall be
ineligible to again apply for a reduction of the lifetime
disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, arising from separate incidents,
occurring within a 3 year period. However, a person will be
disqualified from driving a commercial motor vehicle for a
period of not less than 4 months if convicted of 3 serious
traffic violations, committed in a commercial motor vehicle,
arising from separate incidents, occurring within a 3 year
period.
(e-1) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations committed in a
non-CMV while holding a CDL, arising from separate incidents,
occurring within a 3 year period, if the convictions would
result in the suspension or revocation of the CDL holder's

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non-CMV privileges. A person shall be disqualified from driving
a commercial motor vehicle for a period of not less than 4
months, however, if he or she is convicted of 3 or more serious
traffic violations committed in a non-CMV while holding a CDL,
arising from separate incidents, occurring within a 3 year
period, if the convictions would result in the suspension or
revocation of the CDL holder's non-CMV privileges.
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a commercial
driver's license, the Secretary of State must update the
driver's records to reflect such action within 10 days. After
suspending or revoking the driving privilege of any person who
has been issued a CDL or commercial driver instruction permit
from another jurisdiction, the Secretary shall originate
notification to such issuing jurisdiction within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph

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(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years one year upon a second conviction of
paragraph (2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction

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of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of time
specified in paragraph (2) of this subsection (j) if the
offense was committed while operating a commercial motor
vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train, as described in
subsection (a-5) of Section 11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as

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described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this

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subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction for
a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 C.F.R. 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the driver
the action that has been taken.
(Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06;
95-382, eff. 8-23-07.)
(625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524)
Sec. 6-524. Penalties.

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(a) Every person convicted of violating any provision of
this UCDLA for which another penalty is not provided shall for
a first offense be guilty of a petty offense; and for a second
conviction for any offense committed within 3 years of any
previous offense, shall be guilty of a Class B misdemeanor.
(b) Any person convicted of violating subsection (b) of
Section 6-506 of this Code shall be subject to a civil penalty
of not more than $25,000 $10,000.
(c) Any person or employer convicted of violating paragraph
(5) of subsection (a) or subsection (b-3) or (b-5) of Section
6-506 shall be subject to a civil penalty of not less than
$2,750 nor more than $25,000 $11,000.
(d) Any person convicted of violating paragraph (2) or (3)
of subsection (b) or subsection (b-3) or (b-5) of Section 6-507
shall be subject to a civil penalty of not less than $2,750
$1,100 nor more than $25,000 $2,750.
(Source: P.A. 95-382, eff. 8-23-07.)