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1 | | movement of traffic, to a degree that indicates lack of |
2 | | ability to exercise ordinary and reasonable care in the |
3 | | safe operation of a motor vehicle or disrespect for the |
4 | | traffic laws and the safety of other persons upon the |
5 | | highway; |
6 | | 4. Has by the unlawful operation of a motor vehicle |
7 | | caused or contributed to a crash resulting in injury |
8 | | requiring immediate professional treatment in a medical |
9 | | facility or doctor's office to any person, except that any |
10 | | suspension or revocation imposed by the Secretary of State |
11 | | under the provisions of this subsection shall start no |
12 | | later than 6 months after being convicted of violating a |
13 | | law or ordinance regulating the movement of traffic, which |
14 | | violation is related to the crash, or shall start not more |
15 | | than one year after the date of the crash, whichever date |
16 | | occurs later; |
17 | | 5. Has permitted an unlawful or fraudulent use of a |
18 | | driver's license, identification card, or permit; |
19 | | 6. Has been lawfully convicted of an offense or |
20 | | offenses in another state, including the authorization |
21 | | contained in Section 6-203.1, which if committed within |
22 | | this State would be grounds for suspension or revocation; |
23 | | 7. Has refused or failed to submit to an examination |
24 | | provided for by Section 6-207 or has failed to pass the |
25 | | examination; |
26 | | 8. Is ineligible for a driver's license or permit |
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1 | | under the provisions of Section 6-103; |
2 | | 9. Has made a false statement or knowingly concealed a |
3 | | material fact or has used false information or |
4 | | identification in any application for a license, |
5 | | identification card, or permit; |
6 | | 10. Has possessed, displayed, or attempted to |
7 | | fraudulently use any license, identification card, or |
8 | | permit not issued to the person; |
9 | | 11. Has operated a motor vehicle upon a highway of |
10 | | this State when the person's driving privilege or |
11 | | privilege to obtain a driver's license or permit was |
12 | | revoked or suspended unless the operation was authorized |
13 | | by a monitoring device driving permit, judicial driving |
14 | | permit issued prior to January 1, 2009, probationary |
15 | | license to drive, or restricted driving permit issued |
16 | | under this Code; |
17 | | 12. Has submitted to any portion of the application |
18 | | process for another person or has obtained the services of |
19 | | another person to submit to any portion of the application |
20 | | process for the purpose of obtaining a license, |
21 | | identification card, or permit for some other person; |
22 | | 13. Has operated a motor vehicle upon a highway of |
23 | | this State when the person's driver's license or permit |
24 | | was invalid under the provisions of Sections 6-107.1 and |
25 | | 6-110; |
26 | | 14. Has committed a violation of Section 6-301, |
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1 | | 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or |
2 | | 14B of the Illinois Identification Card Act or a similar |
3 | | offense in another state if, at the time of the offense, |
4 | | the person held an Illinois driver's license or |
5 | | identification card; |
6 | | 15. Has been convicted of violating Section 21-2 of |
7 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
8 | | relating to criminal trespass to vehicles if the person |
9 | | exercised actual physical control over the vehicle during |
10 | | the commission of the offense, in which case the |
11 | | suspension shall be for one year; |
12 | | 16. Has been convicted of violating Section 11-204 of |
13 | | this Code relating to fleeing from a peace officer; |
14 | | 17. Has refused to submit to a test, or tests, as |
15 | | required under Section 11-501.1 of this Code and the |
16 | | person has not sought a hearing as provided for in Section |
17 | | 11-501.1; |
18 | | 18. (Blank); |
19 | | 19. Has committed a violation of paragraph (a) or (b) |
20 | | of Section 6-101 relating to driving without a driver's |
21 | | license; |
22 | | 20. Has been convicted of violating Section 6-104 |
23 | | relating to classification of driver's license; |
24 | | 21. Has been convicted of violating Section 11-402 of |
25 | | this Code relating to leaving the scene of a crash |
26 | | resulting in damage to a vehicle in excess of $1,000, in |
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1 | | which case the suspension shall be for one year; |
2 | | 22. Has used a motor vehicle in violating paragraph |
3 | | (3), (4), (7), or (9) of subsection (a) of Section 24-1 of |
4 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
5 | | relating to unlawful possession of weapons, in which case |
6 | | the suspension shall be for one year; |
7 | | 23. Has, as a driver, been convicted of committing a |
8 | | violation of paragraph (a) of Section 11-502 of this Code |
9 | | for a second or subsequent time within one year of a |
10 | | similar violation; |
11 | | 24. Has been convicted by a court-martial or punished |
12 | | by non-judicial punishment by military authorities of the |
13 | | United States at a military installation in Illinois or in |
14 | | another state of or for a traffic-related offense that is |
15 | | the same as or similar to an offense specified under |
16 | | Section 6-205 or 6-206 of this Code; |
17 | | 25. Has permitted any form of identification to be |
18 | | used by another in the application process in order to |
19 | | obtain or attempt to obtain a license, identification |
20 | | card, or permit; |
21 | | 26. Has altered or attempted to alter a license or has |
22 | | possessed an altered license, identification card, or |
23 | | permit; |
24 | | 27. (Blank); |
25 | | 28. Has been convicted for a first time of the illegal |
26 | | possession, while operating or in actual physical control, |
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1 | | as a driver, of a motor vehicle, of any controlled |
2 | | substance prohibited under the Illinois Controlled |
3 | | Substances Act, any cannabis prohibited under the Cannabis |
4 | | Control Act, or any methamphetamine prohibited under the |
5 | | Methamphetamine Control and Community Protection Act, in |
6 | | which case the person's driving privileges shall be |
7 | | suspended for one year. Any defendant found guilty of this |
8 | | offense while operating a motor vehicle shall have an |
9 | | entry made in the court record by the presiding judge that |
10 | | this offense did occur while the defendant was operating a |
11 | | motor vehicle and order the clerk of the court to report |
12 | | the violation to the Secretary of State; |
13 | | 29. Has been convicted of the following offenses that |
14 | | were committed while the person was operating or in actual |
15 | | physical control, as a driver, of a motor vehicle: |
16 | | criminal sexual assault, predatory criminal sexual assault |
17 | | of a child, aggravated criminal sexual assault, criminal |
18 | | sexual abuse, aggravated criminal sexual abuse, juvenile |
19 | | pimping, soliciting for a juvenile prostitute, promoting |
20 | | juvenile prostitution as described in subdivision (a)(1), |
21 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code |
22 | | of 1961 or the Criminal Code of 2012, and the manufacture, |
23 | | sale or delivery of controlled substances or instruments |
24 | | used for illegal drug use or abuse in which case the |
25 | | driver's driving privileges shall be suspended for one |
26 | | year; |
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1 | | 30. Has been convicted a second or subsequent time for |
2 | | any combination of the offenses named in paragraph 29 of |
3 | | this subsection, in which case the person's driving |
4 | | privileges shall be suspended for 5 years; |
5 | | 31. Has refused to submit to a test as required by |
6 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
7 | | Registration and Safety Act or has submitted to a test |
8 | | resulting in an alcohol concentration of 0.08 or more or |
9 | | any amount of a drug, substance, or compound resulting |
10 | | from the unlawful use or consumption of cannabis as listed |
11 | | in the Cannabis Control Act, a controlled substance as |
12 | | listed in the Illinois Controlled Substances Act, an |
13 | | intoxicating compound as listed in the Use of Intoxicating |
14 | | Compounds Act, or methamphetamine as listed in the |
15 | | Methamphetamine Control and Community Protection Act, in |
16 | | which case the penalty shall be as prescribed in Section |
17 | | 6-208.1; |
18 | | 32. Has been convicted of Section 24-1.2 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012 |
20 | | relating to the aggravated discharge of a firearm if the |
21 | | offender was located in a motor vehicle at the time the |
22 | | firearm was discharged, in which case the suspension shall |
23 | | be for 3 years; |
24 | | 33. Has as a driver, who was less than 21 years of age |
25 | | on the date of the offense, been convicted a first time of |
26 | | a violation of paragraph (a) of Section 11-502 of this |
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1 | | Code or a similar provision of a local ordinance; |
2 | | 34. Has committed a violation of Section 11-1301.5 of |
3 | | this Code or a similar provision of a local ordinance; |
4 | | 35. Has committed a violation of Section 11-1301.6 of |
5 | | this Code or a similar provision of a local ordinance; |
6 | | 36. Is under the age of 21 years at the time of arrest |
7 | | and has been convicted of not less than 2 offenses against |
8 | | traffic regulations governing the movement of vehicles |
9 | | committed within any 24-month period. No revocation or |
10 | | suspension shall be entered more than 6 months after the |
11 | | date of last conviction; |
12 | | 37. Has committed a violation of subsection (c) , |
13 | | (c-5), or (c-10) of Section 11-907 of this Code that |
14 | | resulted in damage to the property of another or the death |
15 | | or injury of another; |
16 | | 38. Has been convicted of a violation of Section 6-20 |
17 | | of the Liquor Control Act of 1934 or a similar provision of |
18 | | a local ordinance and the person was an occupant of a motor |
19 | | vehicle at the time of the violation; |
20 | | 39. Has committed a second or subsequent violation of |
21 | | Section 11-1201 of this Code; |
22 | | 40. Has committed a violation of subsection (a-1) of |
23 | | Section 11-908 of this Code; |
24 | | 41. Has committed a second or subsequent violation of |
25 | | Section 11-605.1 of this Code, a similar provision of a |
26 | | local ordinance, or a similar violation in any other state |
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1 | | within 2 years of the date of the previous violation, in |
2 | | which case the suspension shall be for 90 days; |
3 | | 42. Has committed a violation of subsection (a-1) of |
4 | | Section 11-1301.3 of this Code or a similar provision of a |
5 | | local ordinance; |
6 | | 43. Has received a disposition of court supervision |
7 | | for a violation of subsection (a), (d), or (e) of Section |
8 | | 6-20 of the Liquor Control Act of 1934 or a similar |
9 | | provision of a local ordinance and the person was an |
10 | | occupant of a motor vehicle at the time of the violation, |
11 | | in which case the suspension shall be for a period of 3 |
12 | | months; |
13 | | 44. Is under the age of 21 years at the time of arrest |
14 | | and has been convicted of an offense against traffic |
15 | | regulations governing the movement of vehicles after |
16 | | having previously had his or her driving privileges |
17 | | suspended or revoked pursuant to subparagraph 36 of this |
18 | | Section; |
19 | | 45. Has, in connection with or during the course of a |
20 | | formal hearing conducted under Section 2-118 of this Code: |
21 | | (i) committed perjury; (ii) submitted fraudulent or |
22 | | falsified documents; (iii) submitted documents that have |
23 | | been materially altered; or (iv) submitted, as his or her |
24 | | own, documents that were in fact prepared or composed for |
25 | | another person; |
26 | | 46. Has committed a violation of subsection (j) of |
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1 | | Section 3-413 of this Code; |
2 | | 47. Has committed a violation of subsection (a) of |
3 | | Section 11-502.1 of this Code; |
4 | | 48. Has submitted a falsified or altered medical |
5 | | examiner's certificate to the Secretary of State or |
6 | | provided false information to obtain a medical examiner's |
7 | | certificate; |
8 | | 49. Has been convicted of a violation of Section |
9 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to |
10 | | another, in which case the driving privileges of the |
11 | | person shall be suspended for 12 months; |
12 | | 50. Has committed a violation of subsection (b-5) of |
13 | | Section 12-610.2 that resulted in great bodily harm, |
14 | | permanent disability, or disfigurement, in which case the |
15 | | driving privileges of the person shall be suspended for 12 |
16 | | months; |
17 | | 51. Has committed a violation of Section 10-15 Of the |
18 | | Cannabis Regulation and Tax Act or a similar provision of |
19 | | a local ordinance while in a motor vehicle; or |
20 | | 52. Has committed a violation of subsection (b) of |
21 | | Section 10-20 of the Cannabis Regulation and Tax Act or a |
22 | | similar provision of a local ordinance. |
23 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
24 | | and 27 of this subsection, license means any driver's license, |
25 | | any traffic ticket issued when the person's driver's license |
26 | | is deposited in lieu of bail, a suspension notice issued by the |
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1 | | Secretary of State, a duplicate or corrected driver's license, |
2 | | a probationary driver's license, or a temporary driver's |
3 | | license. |
4 | | (b) If any conviction forming the basis of a suspension or |
5 | | revocation authorized under this Section is appealed, the |
6 | | Secretary of State may rescind or withhold the entry of the |
7 | | order of suspension or revocation, as the case may be, |
8 | | provided that a certified copy of a stay order of a court is |
9 | | filed with the Secretary of State. If the conviction is |
10 | | affirmed on appeal, the date of the conviction shall relate |
11 | | back to the time the original judgment of conviction was |
12 | | entered and the 6-month limitation prescribed shall not apply. |
13 | | (c) 1. Upon suspending or revoking the driver's license or |
14 | | permit of any person as authorized in this Section, the |
15 | | Secretary of State shall immediately notify the person in |
16 | | writing of the revocation or suspension. The notice to be |
17 | | deposited in the United States mail, postage prepaid, to the |
18 | | last known address of the person. |
19 | | 2. If the Secretary of State suspends the driver's license |
20 | | of a person under subsection 2 of paragraph (a) of this |
21 | | Section, a person's privilege to operate a vehicle as an |
22 | | occupation shall not be suspended, provided an affidavit is |
23 | | properly completed, the appropriate fee received, and a permit |
24 | | issued prior to the effective date of the suspension, unless 5 |
25 | | offenses were committed, at least 2 of which occurred while |
26 | | operating a commercial vehicle in connection with the driver's |
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1 | | regular occupation. All other driving privileges shall be |
2 | | suspended by the Secretary of State. Any driver prior to |
3 | | operating a vehicle for occupational purposes only must submit |
4 | | the affidavit on forms to be provided by the Secretary of State |
5 | | setting forth the facts of the person's occupation. The |
6 | | affidavit shall also state the number of offenses committed |
7 | | while operating a vehicle in connection with the driver's |
8 | | regular occupation. The affidavit shall be accompanied by the |
9 | | driver's license. Upon receipt of a properly completed |
10 | | affidavit, the Secretary of State shall issue the driver a |
11 | | permit to operate a vehicle in connection with the driver's |
12 | | regular occupation only. Unless the permit is issued by the |
13 | | Secretary of State prior to the date of suspension, the |
14 | | privilege to drive any motor vehicle shall be suspended as set |
15 | | forth in the notice that was mailed under this Section. If an |
16 | | affidavit is received subsequent to the effective date of this |
17 | | suspension, a permit may be issued for the remainder of the |
18 | | suspension period. |
19 | | The provisions of this subparagraph shall not apply to any |
20 | | driver required to possess a CDL for the purpose of operating a |
21 | | commercial motor vehicle. |
22 | | Any person who falsely states any fact in the affidavit |
23 | | required herein shall be guilty of perjury under Section 6-302 |
24 | | and upon conviction thereof shall have all driving privileges |
25 | | revoked without further rights. |
26 | | 3. At the conclusion of a hearing under Section 2-118 of |
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1 | | this Code, the Secretary of State shall either rescind or |
2 | | continue an order of revocation or shall substitute an order |
3 | | of suspension; or, good cause appearing therefor, rescind, |
4 | | continue, change, or extend the order of suspension. If the |
5 | | Secretary of State does not rescind the order, the Secretary |
6 | | may upon application, to relieve undue hardship (as defined by |
7 | | the rules of the Secretary of State), issue a restricted |
8 | | driving permit granting the privilege of driving a motor |
9 | | vehicle between the petitioner's residence and petitioner's |
10 | | place of employment or within the scope of the petitioner's |
11 | | employment-related duties, or to allow the petitioner to |
12 | | transport himself or herself, or a family member of the |
13 | | petitioner's household to a medical facility, to receive |
14 | | necessary medical care, to allow the petitioner to transport |
15 | | himself or herself to and from alcohol or drug remedial or |
16 | | rehabilitative activity recommended by a licensed service |
17 | | provider, or to allow the petitioner to transport himself or |
18 | | herself or a family member of the petitioner's household to |
19 | | classes, as a student, at an accredited educational |
20 | | institution, or to allow the petitioner to transport children, |
21 | | elderly persons, or persons with disabilities who do not hold |
22 | | driving privileges and are living in the petitioner's |
23 | | household to and from daycare. The petitioner must demonstrate |
24 | | that no alternative means of transportation is reasonably |
25 | | available and that the petitioner will not endanger the public |
26 | | safety or welfare. |
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1 | | (A) If a person's license or permit is revoked or |
2 | | suspended due to 2 or more convictions of violating |
3 | | Section 11-501 of this Code or a similar provision of a |
4 | | local ordinance or a similar out-of-state offense, or |
5 | | Section 9-3 of the Criminal Code of 1961 or the Criminal |
6 | | Code of 2012, where the use of alcohol or other drugs is |
7 | | recited as an element of the offense, or a similar |
8 | | out-of-state offense, or a combination of these offenses, |
9 | | arising out of separate occurrences, that person, if |
10 | | issued a restricted driving permit, may not operate a |
11 | | vehicle unless it has been equipped with an ignition |
12 | | interlock device as defined in Section 1-129.1. |
13 | | (B) If a person's license or permit is revoked or |
14 | | suspended 2 or more times due to any combination of: |
15 | | (i) a single conviction of violating Section |
16 | | 11-501 of this Code or a similar provision of a local |
17 | | ordinance or a similar out-of-state offense or Section |
18 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
19 | | of 2012, where the use of alcohol or other drugs is |
20 | | recited as an element of the offense, or a similar |
21 | | out-of-state offense; or |
22 | | (ii) a statutory summary suspension or revocation |
23 | | under Section 11-501.1; or |
24 | | (iii) a suspension under Section 6-203.1; |
25 | | arising out of separate occurrences; that person, if |
26 | | issued a restricted driving permit, may not operate a |
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1 | | vehicle unless it has been equipped with an ignition |
2 | | interlock device as defined in Section 1-129.1. |
3 | | (B-5) If a person's license or permit is revoked or |
4 | | suspended due to a conviction for a violation of |
5 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
6 | | of Section 11-501 of this Code, or a similar provision of a |
7 | | local ordinance or similar out-of-state offense, that |
8 | | person, if issued a restricted driving permit, may not |
9 | | operate a vehicle unless it has been equipped with an |
10 | | ignition interlock device as defined in Section 1-129.1. |
11 | | (C) The person issued a permit conditioned upon the |
12 | | use of an ignition interlock device must pay to the |
13 | | Secretary of State DUI Administration Fund an amount not |
14 | | to exceed $30 per month. The Secretary shall establish by |
15 | | rule the amount and the procedures, terms, and conditions |
16 | | relating to these fees. |
17 | | (D) If the restricted driving permit is issued for |
18 | | employment purposes, then the prohibition against |
19 | | operating a motor vehicle that is not equipped with an |
20 | | ignition interlock device does not apply to the operation |
21 | | of an occupational vehicle owned or leased by that |
22 | | person's employer when used solely for employment |
23 | | purposes. For any person who, within a 5-year period, is |
24 | | convicted of a second or subsequent offense under Section |
25 | | 11-501 of this Code, or a similar provision of a local |
26 | | ordinance or similar out-of-state offense, this employment |
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1 | | exemption does not apply until either a one-year period |
2 | | has elapsed during which that person had his or her |
3 | | driving privileges revoked or a one-year period has |
4 | | elapsed during which that person had a restricted driving |
5 | | permit which required the use of an ignition interlock |
6 | | device on every motor vehicle owned or operated by that |
7 | | person. |
8 | | (E) In each case the Secretary may issue a restricted |
9 | | driving permit for a period deemed appropriate, except |
10 | | that all permits shall expire no later than 2 years from |
11 | | the date of issuance. A restricted driving permit issued |
12 | | under this Section shall be subject to cancellation, |
13 | | revocation, and suspension by the Secretary of State in |
14 | | like manner and for like cause as a driver's license |
15 | | issued under this Code may be cancelled, revoked, or |
16 | | suspended; except that a conviction upon one or more |
17 | | offenses against laws or ordinances regulating the |
18 | | movement of traffic shall be deemed sufficient cause for |
19 | | the revocation, suspension, or cancellation of a |
20 | | restricted driving permit. The Secretary of State may, as |
21 | | a condition to the issuance of a restricted driving |
22 | | permit, require the applicant to participate in a |
23 | | designated driver remedial or rehabilitative program. The |
24 | | Secretary of State is authorized to cancel a restricted |
25 | | driving permit if the permit holder does not successfully |
26 | | complete the program. |
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1 | | (F) A person subject to the provisions of paragraph 4 |
2 | | of subsection (b) of Section 6-208 of this Code may make |
3 | | application for a restricted driving permit at a hearing |
4 | | conducted under Section 2-118 of this Code after the |
5 | | expiration of 5 years from the effective date of the most |
6 | | recent revocation or after 5 years from the date of |
7 | | release from a period of imprisonment resulting from a |
8 | | conviction of the most recent offense, whichever is later, |
9 | | provided the person, in addition to all other requirements |
10 | | of the Secretary, shows by clear and convincing evidence: |
11 | | (i) a minimum of 3 years of uninterrupted |
12 | | abstinence from alcohol and the unlawful use or |
13 | | consumption of cannabis under the Cannabis Control |
14 | | Act, a controlled substance under the Illinois |
15 | | Controlled Substances Act, an intoxicating compound |
16 | | under the Use of Intoxicating Compounds Act, or |
17 | | methamphetamine under the Methamphetamine Control and |
18 | | Community Protection Act; and |
19 | | (ii) the successful completion of any |
20 | | rehabilitative treatment and involvement in any |
21 | | ongoing rehabilitative activity that may be |
22 | | recommended by a properly licensed service provider |
23 | | according to an assessment of the person's alcohol or |
24 | | drug use under Section 11-501.01 of this Code. |
25 | | In determining whether an applicant is eligible for a |
26 | | restricted driving permit under this subparagraph (F), the |
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1 | | Secretary may consider any relevant evidence, including, |
2 | | but not limited to, testimony, affidavits, records, and |
3 | | the results of regular alcohol or drug tests. Persons |
4 | | subject to the provisions of paragraph 4 of subsection (b) |
5 | | of Section 6-208 of this Code and who have been convicted |
6 | | of more than one violation of paragraph (3), paragraph |
7 | | (4), or paragraph (5) of subsection (a) of Section 11-501 |
8 | | of this Code shall not be eligible to apply for a |
9 | | restricted driving permit under this subparagraph (F). |
10 | | A restricted driving permit issued under this |
11 | | subparagraph (F) shall provide that the holder may only |
12 | | operate motor vehicles equipped with an ignition interlock |
13 | | device as required under paragraph (2) of subsection (c) |
14 | | of Section 6-205 of this Code and subparagraph (A) of |
15 | | paragraph 3 of subsection (c) of this Section. The |
16 | | Secretary may revoke a restricted driving permit or amend |
17 | | the conditions of a restricted driving permit issued under |
18 | | this subparagraph (F) if the holder operates a vehicle |
19 | | that is not equipped with an ignition interlock device, or |
20 | | for any other reason authorized under this Code. |
21 | | A restricted driving permit issued under this |
22 | | subparagraph (F) shall be revoked, and the holder barred |
23 | | from applying for or being issued a restricted driving |
24 | | permit in the future, if the holder is convicted of a |
25 | | violation of Section 11-501 of this Code, a similar |
26 | | provision of a local ordinance, or a similar offense in |
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1 | | another state. |
2 | | (c-3) In the case of a suspension under paragraph 43 of |
3 | | subsection (a), reports received by the Secretary of State |
4 | | under this Section shall, except during the actual time the |
5 | | suspension is in effect, be privileged information and for use |
6 | | only by the courts, police officers, prosecuting authorities, |
7 | | the driver licensing administrator of any other state, the |
8 | | Secretary of State, or the parent or legal guardian of a driver |
9 | | under the age of 18. However, beginning January 1, 2008, if the |
10 | | person is a CDL holder, the suspension shall also be made |
11 | | available to the driver licensing administrator of any other |
12 | | state, the U.S. Department of Transportation, and the affected |
13 | | driver or motor carrier or prospective motor carrier upon |
14 | | request. |
15 | | (c-4) In the case of a suspension under paragraph 43 of |
16 | | subsection (a), the Secretary of State shall notify the person |
17 | | by mail that his or her driving privileges and driver's |
18 | | license will be suspended one month after the date of the |
19 | | mailing of the notice. |
20 | | (c-5) The Secretary of State may, as a condition of the |
21 | | reissuance of a driver's license or permit to an applicant |
22 | | whose driver's license or permit has been suspended before he |
23 | | or she reached the age of 21 years pursuant to any of the |
24 | | provisions of this Section, require the applicant to |
25 | | participate in a driver remedial education course and be |
26 | | retested under Section 6-109 of this Code. |
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1 | | (d) This Section is subject to the provisions of the |
2 | | Driver License Compact. |
3 | | (e) The Secretary of State shall not issue a restricted |
4 | | driving permit to a person under the age of 16 years whose |
5 | | driving privileges have been suspended or revoked under any |
6 | | provisions of this Code. |
7 | | (f) In accordance with 49 CFR 384, the Secretary of State |
8 | | may not issue a restricted driving permit for the operation of |
9 | | a commercial motor vehicle to a person holding a CDL whose |
10 | | driving privileges have been suspended, revoked, cancelled, or |
11 | | disqualified under any provisions of this Code. |
12 | | (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; |
13 | | 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. |
14 | | 7-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25 .)
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15 | | (625 ILCS 5/11-907) |
16 | | Sec. 11-907. Operation of vehicles and streetcars on |
17 | | approach of authorized emergency vehicles. |
18 | | (a) Upon the immediate approach of an authorized emergency |
19 | | vehicle making use of audible and visual signals meeting the |
20 | | requirements of this Code or a police vehicle properly and |
21 | | lawfully making use of an audible or visual signal: |
22 | | (1) the driver of every other vehicle shall yield the |
23 | | right-of-way and shall immediately drive to a position |
24 | | parallel to, and as close as possible to, the right-hand |
25 | | edge or curb of the highway clear of any intersection and |
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1 | | shall, if necessary to permit the safe passage of the |
2 | | emergency vehicle, stop and remain in such position until |
3 | | the authorized emergency vehicle has passed, unless |
4 | | otherwise directed by a police officer; and |
5 | | (2) the operator of every streetcar shall immediately |
6 | | stop such car clear of any intersection and keep it in such |
7 | | position until the authorized emergency vehicle has |
8 | | passed, unless otherwise directed by a police officer. |
9 | | (b) This Section shall not operate to relieve the driver |
10 | | of an authorized emergency vehicle from the duty to drive with |
11 | | due regard for the safety of all persons using the highway. |
12 | | (c) Upon approaching a stationary authorized emergency |
13 | | vehicle or emergency scene, when the stationary authorized |
14 | | emergency vehicle is giving a visual signal by displaying |
15 | | oscillating, rotating, or flashing lights as authorized under |
16 | | Section 12-215 of this Code, a person who drives an |
17 | | approaching vehicle shall: |
18 | | (1) proceeding with due caution, yield the |
19 | | right-of-way by making a lane change into a lane not |
20 | | adjacent to that of the authorized emergency vehicle, if |
21 | | possible with due regard to safety and traffic conditions, |
22 | | if on a highway having at least 4 lanes with not less than |
23 | | 2 lanes proceeding in the same direction as the |
24 | | approaching vehicle and reduce the speed of the vehicle to |
25 | | a speed that is reasonable and proper with regard to |
26 | | traffic conditions and the use of the highway to avoid a |
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1 | | collision and leaving a safe distance until safely past |
2 | | the stationary emergency vehicle; or |
3 | | (2) if changing lanes would be impossible or unsafe, |
4 | | proceeding with due caution, reduce the speed of the |
5 | | vehicle to a speed that is reasonable and proper with |
6 | | regard to traffic conditions and the use of the highway to |
7 | | avoid a collision, maintaining a safe speed for road |
8 | | conditions and leaving a safe distance until safely past |
9 | | the stationary emergency vehicles. |
10 | | The visual signal specified under this subsection (c) |
11 | | given by a stationary authorized emergency vehicle is an |
12 | | indication to drivers of approaching vehicles that a hazardous |
13 | | condition is present when circumstances are not immediately |
14 | | clear. Drivers of vehicles approaching a stationary authorized |
15 | | emergency vehicle in any lane shall heed the warning of the |
16 | | signal, reduce the speed of the vehicle, proceed with due |
17 | | caution, maintain a safe speed for road conditions, be |
18 | | prepared to stop, and leave a safe distance until safely |
19 | | passed the stationary emergency vehicle. |
20 | | As used in this subsection (c) and subsection (c-5) , |
21 | | "authorized emergency vehicle" includes any vehicle authorized |
22 | | by law to be equipped with oscillating, rotating, or flashing |
23 | | lights under Section 12-215 of this Code, while the owner or |
24 | | operator of the vehicle is engaged in his or her official |
25 | | duties. As used in this subsection (c) and subsection (c-10) , |
26 | | "emergency scene" means a location where a stationary |
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1 | | authorized emergency vehicle as defined by herein is present |
2 | | and has activated its oscillating, rotating, or flashing |
3 | | lights. |
4 | | (c-5) The driver of a vehicle shall yield the right-of-way |
5 | | to any authorized emergency vehicle obviously and actually |
6 | | engaged in work upon a highway, whether stationary or not, and |
7 | | displaying flashing lights as provided in Section 12-215 of |
8 | | this Act. |
9 | | (c-10) The driver of a vehicle shall yield the |
10 | | right-of-way to an emergency worker obviously and actually |
11 | | engaged in work upon a highway at an emergency scene. The |
12 | | driver of a vehicle shall yield the right-of-way to any |
13 | | pedestrian upon a highway directly involved in the emergency |
14 | | scene. |
15 | | (d) A person who violates subsection (c) , (c-5), or |
16 | | (c-10), of this Section commits a business offense punishable |
17 | | by a fine of not less than $250 or more than $10,000 for a |
18 | | first violation, and a fine of not less than $750 or more than |
19 | | $10,000 for a second or subsequent violation. It is a factor in |
20 | | aggravation if the person committed the offense while in |
21 | | violation of Section 11-501, 12-610.1, or 12-610.2 of this |
22 | | Code. Imposition of the penalties authorized by this |
23 | | subsection (d) for a violation of subsection (c) of this |
24 | | Section that results in the death of another person does not |
25 | | preclude imposition of appropriate additional civil or |
26 | | criminal penalties. A person who violates subsection (c) and |
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1 | | the violation results in damage to another vehicle commits a |
2 | | Class A misdemeanor. A person who violates subsection (c) and |
3 | | the violation results in the injury or death of another person |
4 | | commits a Class 4 felony. |
5 | | (e) If a violation of subsection (c) , (c-5), or (c-10), of |
6 | | this Section results in damage to the property of another |
7 | | person, in addition to any other penalty imposed, the person's |
8 | | driving privileges shall be suspended for a fixed period of |
9 | | not less than 90 days and not more than one year. |
10 | | (f) If a violation of subsection (c) , (c-5), or (c-10), of |
11 | | this Section results in injury to another person, in addition |
12 | | to any other penalty imposed, the person's driving privileges |
13 | | shall be suspended for a fixed period of not less than 180 days |
14 | | and not more than 2 years. |
15 | | (g) If a violation of subsection (c) , (c-5), or(c-10), of |
16 | | this Section results in the death of another person, in |
17 | | addition to any other penalty imposed, the person's driving |
18 | | privileges shall be suspended for 2 years. |
19 | | (h) The Secretary of State shall, upon receiving a record |
20 | | of a judgment entered against a person under subsection (c) , |
21 | | (c-5), or (c-10), of this Section: |
22 | | (1) suspend the person's driving privileges for the |
23 | | mandatory period; or |
24 | | (2) extend the period of an existing suspension by the |
25 | | appropriate mandatory period. |
26 | | (i) The Scott's Law Fund shall be a special fund in the |
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1 | | State treasury. Subject to appropriation by the General |
2 | | Assembly and approval by the Director, the Director of the |
3 | | State Police shall use all moneys in the Scott's Law Fund in |
4 | | the Department's discretion to fund the production of |
5 | | materials to educate drivers on approaching stationary |
6 | | authorized emergency vehicles, to hire off-duty Illinois State |
7 | | Police for enforcement of this Section, and for other law |
8 | | enforcement purposes the Director deems necessary in these |
9 | | efforts. |
10 | | (j) For violations of this Section issued by a county or |
11 | | municipal police officer, the assessment shall be deposited |
12 | | into the county's or municipality's Transportation Safety |
13 | | Highway Hire-back Fund. The county shall use the moneys in its |
14 | | Transportation Safety Highway Hire-back Fund to hire off-duty |
15 | | county police officers to monitor construction or maintenance |
16 | | zones in that county on highways other than interstate |
17 | | highways. The county, in its discretion, may also use a |
18 | | portion of the moneys in its Transportation Safety Highway |
19 | | Hire-back Fund to purchase equipment for county law |
20 | | enforcement and fund the production of materials to educate |
21 | | drivers on construction zone safe driving habits and |
22 | | approaching stationary authorized emergency vehicles. |
23 | | (k) In addition to other penalties imposed by this |
24 | | Section, the court may order a person convicted of a violation |
25 | | of subsection (c) , (c-5), or (c-10), to perform community |
26 | | service as determined by the court. |