Bill Text: IL HB4386 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Provides that the definition of "medical examiner" shall be changed to mean an individual certified by the Federal Motor Carrier Safety Administration and listed on the National Registry of Certified Medical Examiners in accordance with Federal Motor Carrier Safety Regulations. Defines "foreign commercial driver" as a person licensed to operate a commercial motor vehicle by an authority outside the United States, or a citizen of a foreign country that operates a commercial motor vehicle in the United States. Expands the definition of "imminent hazard" to include any condition of a vehicle, employee, or commercial motor vehicle operations that substantially increases the likelihood of serious injury or death. Provides that an employer or commercial motor vehicle owner shall not allow or require an employee to drive a commercial motor vehicle if he or she knows or should reasonably know (rather than just knowingly) that the employee has (1) had their license suspended, revoked, or cancelled by any state; (2) has lost the privilege to operate a commercial motor vehicle in any state; (3) has been disqualified from driving a commercial motor vehicle; (4) has more than one driver's license except as provided by the Uniform Commercial Driver's License Act; or (5) is subject to or in violation of an "out-of-service" order. Provides that foreign commercial drivers are subject to disqualification. Provides that the Secretary of State shall report convictions of traffic violations by a foreign driver's license holder to that driver's licensing authority. Provides that Public Act 98-176 shall not take effect until July 8, 2015 (rather than July 1, 2014). Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0722 [HB4386 Detail]

Download: Illinois-2013-HB4386-Chaptered.html

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Public Act 098-0722
HB4386 Enrolled LRB098 16892 MLW 51967 b
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 6-500, 6-506, 6-514, and 6-518 as follows:
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver

being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the Commercial
Driver's License Information System, or CDLIS, established
under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver

qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor
vehicle used in commerce, except those referred to in
subdivision (B), designed to transport passengers or
property if:
(i) the vehicle has a GVWR of 26,001 pounds or more
or such a lesser GVWR as subsequently determined by
federal regulations or the Secretary of State; or any
combination of vehicles with a GCWR of 26,001 pounds or
more, provided the GVWR of any vehicle or vehicles
being towed is 10,001 pounds or more; or
(ii) the vehicle is designed to transport 16 or
more persons; or
(iii) the vehicle is transporting hazardous
materials and is required to be placarded in accordance
with 49 C.F.R. Part 172, subpart F.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway

Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense or
the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on
active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as

defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the Methamphetamine
Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; a plea of
guilty or nolo contendere accepted by the court; the payment of
a fine or court cost regardless of whether the imposition of
sentence is deferred and ultimately a judgment dismissing the
underlying charge is entered; or a violation of a condition of
release without bail, regardless of whether or not the penalty
is rebated, suspended or probated.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an

individual who applies to a state to obtain, transfer, upgrade,
or renew a CDL.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed as
a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees. An
owner-operator on a long-term lease shall be considered an
employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate such
a vehicle. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA.
(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
398.3 from all or part of the qualification requirements of 49
C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages

exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle accident.
(16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a citizen
of a foreign country who operates a commercial motor vehicle in
the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the definition
of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous Material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of any a condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the presents a substantial likelihood of that death,
serious illness, severe personal injury, or death if not
discontinued immediately; or a condition relating to hazardous

material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may occur
before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for a
period of more than 29 days.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of Certified
Medical Examiners in accordance with Federal Motor Carrier
Safety Regulations, 49 CFR 390.101 et seq a person who is
licensed, certified, or registered in accordance with
applicable state laws and regulations to perform physical
examinations. The term includes but is not limited to doctors
of medicine, doctors of osteopathy, physician assistants,
advanced practice nurses, and doctors of chiropractic.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means a document prescribed or approved by the
Secretary of State that is issued by a medical examiner to a
driver to medically qualify him or her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be

issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but not
operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means a
report of the driving status and history of a driver generated
from the driver record provided to users, such as drivers or
employers, and is subject to the provisions of the Driver
Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in interstate

commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-resident CDL. "Non-resident CDL" means a
commercial driver's license issued by a state under either of
the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.
(25.7) School Bus. "School bus" means a commercial motor

vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not include
a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CDL,
of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per hour
or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection
with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CDL; or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or
(viii) a violation relating to texting while

driving; or
(ix) a violation relating to the use of a hand-held
mobile telephone while driving; or
(B) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States, the
District of Columbia and any province or territory of Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more than
a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:
(i) inputting, selecting, or reading information

on a global positioning system or navigation system; or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by pressing
more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93 and
adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
eff. 1-1-13; 98-463, eff. 8-16-13.)
(Text of Section after amendment by P.A. 98-176)

Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the Commercial
Driver's License Information System, or CDLIS, established

under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor

vehicle or combination of motor vehicles used in commerce,
except those referred to in subdivision (B), designed to
transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001
pounds or more), whichever is greater, inclusive of any
towed unit with a gross vehicle weight rating or gross
vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater; or
(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,
including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway
Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense or
the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on

active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the Methamphetamine
Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral

deposited to secure the person's appearance in court; a plea of
guilty or nolo contendere accepted by the court; the payment of
a fine or court cost regardless of whether the imposition of
sentence is deferred and ultimately a judgment dismissing the
underlying charge is entered; or a violation of a condition of
release without bail, regardless of whether or not the penalty
is rebated, suspended or probated.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed as

a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply
with the requirements of this UCDLA pertaining to employees. An
owner-operator on a long-term lease shall be considered an
employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate such
a vehicle. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the individual
to operate certain types of commercial motor vehicles.
(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
398.3 from all or part of the qualification requirements of 49
C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as

a result of a motor vehicle accident.
(16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a citizen
of a foreign country who operates a commercial motor vehicle in
the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the definition
of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous Material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of any a condition of a vehicle, employee, or
commercial motor vehicle operations relating to hazardous
material that substantially increases the presents a
substantial likelihood of that death, serious illness, severe
personal injury, or death if not discontinued immediately; or a
condition relating to hazardous material that presents a
substantial likelihood that death, serious illness, severe
personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably

foreseeable completion date of a formal proceeding begun to
lessen the risk of that death, illness, injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for a
period of more than 29 days.
(21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of Certified
Medical Examiners in accordance with Federal Motor Carrier
Safety Regulations, 49 CFR 390.101 et seq a person who is
licensed, certified, or registered in accordance with
applicable state laws and regulations to perform physical

examinations. The term includes but is not limited to doctors
of medicine, doctors of osteopathy, physician assistants,
advanced practice nurses, and doctors of chiropractic.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means a document prescribed or approved by the
Secretary of State that is issued by a medical examiner to a
driver to medically qualify him or her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but not
operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.

(22.2) Motor vehicle record. "Motor vehicle record" means a
report of the driving status and history of a driver generated
from the driver record provided to users, such as drivers or
employers, and is subject to the provisions of the Driver
Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in interstate
commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is
subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.

(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.
(25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not include
a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CLP or
CDL, of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per hour
or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection

with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CDL; or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or
(viii) a violation relating to texting while
driving; or
(ix) a violation relating to the use of a hand-held
mobile telephone while driving; or
(B) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States, the
District of Columbia and any province or territory of Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic

device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more than
a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:
(i) inputting, selecting, or reading information
on a global positioning system or navigation system; or
(ii) pressing a single button to initiate or
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor

carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills test
examiners to administer the CDL skills tests specified in 49
C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by pressing
more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93 and
adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 97-208, eff. 1-1-12; 97-750, eff. 7-6-12; 97-829,
eff. 1-1-13; 98-176, eff. 7-1-14; 98-463, eff. 8-16-13.)
(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-506. Commercial motor vehicle driver -
employer/owner responsibilities.

(a) No employer or commercial motor vehicle owner shall
knowingly allow, permit, authorize, or require an employee to
drive a commercial motor vehicle on the highways if he or she
knows or should reasonably know that the during any period in
which such employee:
(1) has a driver's license suspended, revoked or
cancelled by any state; or
(2) has lost the privilege to drive a commercial motor
vehicle in any state; or
(3) has been disqualified from driving a commercial
motor vehicle; or
(4) has more than one driver's license, except as
provided by this UCDLA; or
(5) is subject to or in violation of an
"out-of-service" order.
(b) No employer or commercial motor vehicle owner shall
knowingly allow, permit, authorize, or require a driver to
operate a commercial motor vehicle in violation of any law or
regulation pertaining to railroad-highway grade crossings.
(b-3) No employer or commercial motor vehicle owner shall
knowingly allow, permit, authorize, or require a driver to
operate a commercial motor vehicle during any period in which
the commercial motor vehicle is subject to an "out-of-service"
order.
(b-5) No employer or commercial motor vehicle owner shall
knowingly allow, permit, authorize, or require a driver to

operate a commercial motor vehicle during any period in which
the motor carrier operation is subject to an "out-of-service"
order.
(c) Any employer convicted of violating subsection (a),
(b-3), or (b-5) of this Section, whether individually or in
connection with one or more other persons, or as principal
agent, or accessory, shall be guilty of a Class A misdemeanor.
(Source: P.A. 95-382, eff. 8-23-07.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-506. Commercial motor vehicle driver -
employer/owner responsibilities.
(a) No employer or commercial motor vehicle owner shall
knowingly allow, permit, authorize, or require an employee to
drive a commercial motor vehicle on the highways if he or she
knows or should reasonably know that the during any period in
which such employee:
(1) has a driver's license suspended, revoked or
cancelled by any state; or
(2) has lost the privilege to drive a commercial motor
vehicle in any state; or
(3) has been disqualified from driving a commercial
motor vehicle; or
(4) has more than one CLP or CDL, except as provided by
this UCDLA; or
(5) is subject to or in violation of an

"out-of-service" order; or
(6) does not have a current CLP or CDL or a CLP or CDL
with the proper class or endorsements. An employer may not
use a driver to operate a CMV who violates any restriction
on the driver's CLP or CDL.
(b) No employer or commercial motor vehicle owner shall
knowingly allow, permit, authorize, or require a driver to
operate a commercial motor vehicle in violation of any law or
regulation pertaining to railroad-highway grade crossings.
(b-3) No employer or commercial motor vehicle owner shall
knowingly allow, permit, authorize, or require a driver to
operate a commercial motor vehicle during any period in which
the commercial motor vehicle is subject to an "out-of-service"
order.
(b-5) No employer or commercial motor vehicle owner shall
knowingly allow, permit, authorize, or require a driver to
operate a commercial motor vehicle during any period in which
the motor carrier operation is subject to an "out-of-service"
order.
(c) Any employer convicted of violating subsection (a),
(b-3), or (b-5) of this Section, whether individually or in
connection with one or more other persons, or as principal
agent, or accessory, shall be guilty of a Class A misdemeanor.
(Source: P.A. 98-176, eff. 7-1-14.)
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)

(Text of Section before amendment by P.A. 98-176)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications. 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
months for the first violation of:
(1) Refusing to submit to or failure to complete a test
or tests authorized under Section 11-501.1 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
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 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
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 or the
Criminal Code of 2012 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; or
(4) If the person is a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, operating a commercial motor vehicle
under impairment resulting from the consumption of
cannabis, as determined by failure of standardized field

sobriety tests administered by a law enforcement officer as
directed by subsection (a-5) of Section 11-501.2.
(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
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, non-CMV while holding a CDL, or any
combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CDL holder's non-CMV privileges. 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, non-CMV while holding a CDL, or any combination
thereof, arising from separate incidents, occurring within a 3
year period, provided the serious traffic violation committed
in a non-CMV would result in the suspension or revocation of
the CDL holder's non-CMV privileges. If all the convictions
occurred in a non-CMV, the disqualification shall be entered
only if the convictions would result in the suspension or
revocation of the CDL holder's non-CMV privileges.
(e-1) (Blank).
(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
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years 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
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 or railroad track
equipment, 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
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
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.
(l) A foreign commercial driver is subject to
disqualification under this Section.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-122, eff. 1-1-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications. 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
months for the first violation of:
(1) Refusing to submit to or failure to complete a test
or tests authorized under Section 11-501.1 while driving a
commercial motor vehicle or, if the driver is a CLP or 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
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or 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 leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CLP or CDL holder, while driving a non-CMV;

or
(iii) Driving a commercial motor vehicle or, if the
driver is a CLP or 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
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 or the
Criminal Code of 2012 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; or
(4) If the person is a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, operating a commercial motor vehicle
under impairment resulting from the consumption of
cannabis, as determined by failure of standardized field
sobriety tests administered by a law enforcement officer as
directed by subsection (a-5) of Section 11-501.2.
(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 CLP or CDL holder, uses a non-CMV in the
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, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CLP or CDL holder's non-CMV privileges.
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, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3 year period, provided the serious traffic
violation committed in a non-CMV would result in the suspension
or revocation of the CLP or CDL holder's non-CMV privileges. If
all the convictions occurred in a non-CMV, the disqualification
shall be entered only if the convictions would result in the

suspension or revocation of the CLP or CDL holder's non-CMV
privileges.
(e-1) (Blank).
(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 CLP or CDL,
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 CLP or CDL 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
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years 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
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 or railroad track
equipment, 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
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
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.
(l) A foreign commercial driver is subject to
disqualification under this Section.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-122, eff. 1-1-14; 98-176, eff. 7-1-14; revised 8-8-13.)
(625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-518. Notification of Traffic Convictions.

(a) Within 5 days after receiving a report of an Illinois
conviction, or other verified evidence, of any driver who has
been issued a CDL by another State or has been issued a foreign
commercial driver's license, for a violation of any law or
local ordinance of this State, relating to motor vehicle
traffic control, other than parking violations, committed in
any motor vehicle, the Secretary of State must notify the
driver licensing authority which issued such CDL of said
conviction.
(b) Within 5 days after receiving a report of an Illinois
conviction, or other verified evidence, of any driver from
another state who is licensed or unlicensed or holds a foreign
non-commercial driver's license, for a violation of any law or
local ordinance of this State, relating to motor vehicle
traffic control, other than parking violations, committed in a
commercial motor vehicle, the Secretary of State must notify
the driver licensing authority which issued the person's
driver's license of the conviction.
(Source: P.A. 96-1080, eff. 7-16-10.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-518. Notification of Traffic Convictions.
(a) Within 5 days after receiving a report of an Illinois
conviction, or other verified evidence, of any driver who has
been issued a CLP or CDL by another State or has been issued a
foreign commercial driver's license, for a violation of any law

or local ordinance of this State, relating to motor vehicle
traffic control, other than parking violations, committed in
any motor vehicle, the Secretary of State must notify the
driver licensing authority which issued such CLP or CDL of said
conviction.
(b) Within 5 days after receiving a report of an Illinois
conviction, or other verified evidence, of any driver from
another state who is licensed or unlicensed or holds a foreign
non-commercial driver's license, for a violation of any law or
local ordinance of this State, relating to motor vehicle
traffic control, other than parking violations, committed in a
commercial motor vehicle, the Secretary of State must notify
the driver licensing authority which issued the person's
driver's license of the conviction.
(Source: P.A. 98-176, eff. 7-1-14.)
Section 10. "AN ACT concerning transportation", approved
August 5, 2013, (Public Act 98-176) is amended by changing
Section 99 as follows:
(P.A. 98-176, Sec. 99)
Sec. 99. Effective date. This Act takes effect July 8, 2015
July 1, 2014.
(Source: P.A. 98-176.)
Section 95. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.