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91_SB0276enr
SB276 Enrolled LRB9103547KSgc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-109 and 6-508.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-109 and 6-508 as follows:
7 (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)
8 Sec. 6-109. Examination of Applicants.
9 (a) The Secretary of State shall examine every applicant
10 for a driver's license or permit who has not been previously
11 licensed as a driver under the laws of this State or any
12 other state or country, or any applicant for renewal of such
13 driver's license or permit when such license or permit has
14 been expired for more than one year. The Secretary of State
15 shall, subject to the provisions of paragraph (c), examine
16 every licensed driver at least every 8 years, and may examine
17 or re-examine any other applicant or licensed driver,
18 provided that during the years 1984 through 1991 those
19 drivers issued a license for 3 years may be re-examined not
20 less than every 7 years or more than every 10 years.
21 The Secretary of State shall require the testing of the
22 eyesight of any driver's license or permit applicant who has
23 not been previously licensed as a driver under the laws of
24 this State and shall promulgate rules and regulations to
25 provide for the orderly administration of all the provisions
26 of this Section.
27 (b) Except as provided for those applicants in paragraph
28 (c), such examination shall include a test of the applicant's
29 eyesight, his ability to read and understand official traffic
30 control devices, his knowledge of safe driving practices and
31 the traffic laws of this State, and may include an actual
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1 demonstration of the applicant's ability to exercise ordinary
2 and reasonable control of the operation of a motor vehicle,
3 and such further physical and mental examination as the
4 Secretary of State finds necessary to determine the
5 applicant's fitness to operate a motor vehicle safely on the
6 highways, except the examination of an applicant 75 years of
7 age or older shall include an actual demonstration of the
8 applicant's ability to exercise ordinary and reasonable
9 control of the operation of a motor vehicle. All portions of
10 written and verbal examinations under this Section, excepting
11 where the English language appears on facsimiles of road
12 signs, may be given in the Spanish language and, at the
13 discretion of the Secretary of State, in any other language
14 as well as in English upon request of the examinee. Deaf
15 persons who are otherwise qualified are not prohibited from
16 being issued a license, other than a commercial driver's
17 license, under this Code.
18 (c) Re-examination for those applicants who at the time
19 of renewing their driver's license possess a driving record
20 devoid of any convictions of traffic violations or evidence
21 of committing an offense for which mandatory revocation would
22 be required upon conviction pursuant to Section 6-205 at the
23 time of renewal shall be in a manner prescribed by the
24 Secretary in order to determine an applicant's ability to
25 safely operate a motor vehicle, except that every applicant
26 for the renewal of a driver's license who is 75 years of age
27 or older must prove, by an actual demonstration, the
28 applicant's ability to exercise reasonable care in the safe
29 operation of a motor vehicle.
30 (d) In the event the applicant is not ineligible under
31 the provisions of Section 6-103 to receive a driver's
32 license, the Secretary of State shall make provision for
33 giving an examination, either in the county where the
34 applicant resides or at a place adjacent thereto reasonably
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1 convenient to the applicant, within not more than 30 days
2 from the date said application is received.
3 (Source: P.A. 89-569, eff. 1-1-97.)
4 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
5 Sec. 6-508. Commercial Driver's License (CDL) -
6 qualification standards.
7 (a) Testing.
8 (1) General. No person shall be issued an original
9 or renewal CDL unless that person is domiciled in this
10 State. The Secretary shall cause to be administered such
11 tests as the Secretary deems necessary to meet the
12 requirements of 49 C.F.R. Part 383, subparts G and H.
13 (2) Third party testing. The Secretary of state
14 may authorize a "third party tester", pursuant to 49
15 C.F.R. Part 383.75, to administer the skills test or
16 tests specified by Federal Highway Administration
17 pursuant to the Commercial Motor Vehicle Safety Act of
18 1986 and any appropriate federal rule.
19 (b) Waiver of Skills Test. The Secretary of State may
20 waive the skills test specified in this Section for a
21 commercial driver license applicant who meets the
22 requirements of 49 C.F.R. Part 383.77.
23 (c) Limitations on issuance of a CDL. A CDL, or a
24 commercial driver instruction permit, shall not be issued to
25 a person while the person is subject to a disqualification
26 from driving a commercial motor vehicle, or unless otherwise
27 permitted by this Code, while the person's driver's license
28 is suspended, revoked or cancelled in any state, or any
29 territory or province of Canada; nor may a CDL be issued to a
30 person who has a CDL issued by any other state, or foreign
31 jurisdiction, unless the person first surrenders all such
32 licenses. No CDL shall be issued to or renewed for a person
33 who does not meet the requirement of 49 CFR 391.41(b)(11).
SB276 Enrolled -4- LRB9103547KSgc
1 The requirement may be met with the aid of a hearing aid.
2 (d) Commercial driver instruction permit. A commercial
3 driver instruction permit may be issued to any person holding
4 a valid Illinois driver's license if such person successfully
5 passes such tests as the Secretary determines to be
6 necessary. A commercial driver instruction permit shall not
7 be issued to a person who does not meet the requirements of
8 49 CFR 391.41 (b)(11), except for the renewal of a commercial
9 driver instruction permit for a person who possesses a
10 commercial instruction permit prior to the effective date of
11 this amendatory Act of 1999.
12 (Source: P.A. 86-845.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.
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