Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.36 - Suspension for Violation of Restrictions on Driver's License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person who is convicted of operating a
			 motor vehicle in violation of the restrictions imposed on a driver's license
			 shall have his/her driving privileges suspended by the Department. If a
			 corrected driver's license that removes the restriction that was violated at
			 the time of arrest is issued on or prior to the conviction date of the incoming
			 conviction for a first offense of a driver's license restriction violation, no
			 action shall be taken against the individual by the Department.
b) Miscellaneous suspensions shall not be
			 considered prior suspensions for the purpose of this Section.
c) When considering prior convictions, only
			 convictions for operating a motor vehicle in violation of restrictions on a
			 driver's license within seven years prior to the arrest date of the incoming
			 conviction shall be considered.
d)
			 Only those suspensions currently in effect or pending or suspensions or
			 revocations cleared within seven years prior to the forthcoming suspension's
			 effective date shall be considered as prior suspensions or
			 revocations.
e) If a person has no
			 prior suspensions or revocations of any kind and a conviction for operating a
			 motor vehicle in violation of the restrictions imposed on a driver's license,
			 the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd Conviction
6-month Suspension
4th or subsequent
						  Conviction
12-month Suspension
f) If
			 a person has one prior suspension or revocation and a conviction for operating
			 a motor vehicle in violation of the restrictions imposed on a driver's license,
			 the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd or subsequent
						  Conviction
12-month Suspension
g) If
			 a person has two prior suspensions or revocations or any combination thereof,
			 and a conviction for operating a motor vehicle in violation of the restrictions
			 imposed on a driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd or subsequent
						  Conviction
12-month Suspension
h) If
			 a person has three prior suspensions or revocations or any combination thereof,
			 and a conviction for operating a motor vehicle in violation of the restrictions
			 imposed on a driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st or subsequent
						  Conviction
12-month Suspension
i) If
			 a conviction for operating a motor vehicle in violation of the restrictions
			 imposed on a driver's license shows an arrest date during a period of
			 revocation that is in effect, the revocation shall be extended for one year
			 from the date of the conviction or the latest projected eligibility date on
			 record, whichever is the greater period of time. If a conviction for operating
			 a motor vehicle in violation of the restrictions imposed on a driver's license
			 shows an arrest date during a period of suspension (including curfew and night
			 time driving restriction suspensions) that is still in effect, the suspension
			 shall be extended the same amount of time as the originally imposed suspension
			 in accordance with IVC Section 6-303.
j) If a person has a suspension in effect
			 pursuant to IVC Section 6-113(d)and receives a subsequent conviction for
			 operating a motor vehicle in violation of the restrictions imposed on a
			 driver's license, the suspension shall be amended in accordance with the
			 guidelines of subsections (e) through (h).