Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.37 - Suspension for Violation of Restrictions on Instruction Permit

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 an instruction permit shall have his/her driving privileges suspended by the
			 Department. If a new driver's license is issued on or prior to the conviction
			 date of the incoming conviction for a first offense of an instruction permit
			 restriction violation, no action shall be taken against the individual by the
			 Department.
b) A person who is
			 arrested for a traffic offense prior to the initial issuance of a driver's
			 license and is subsequently convicted of the offense shall be returned to
			 instruction permit status. If the person is subsequently convicted of operating
			 a motor vehicle in violation of the restrictions of the instruction permit, he
			 or she shall have his or her driving privileges suspended by the Department. If
			 the person has returned to driver's license status when the Department receives
			 the incoming conviction for a first offense of an instruction permit
			 restriction violation, no action shall be taken against the individual by the
			 Department.
c) Miscellaneous
			 suspensions shall not be considered prior suspensions for the purpose of this
			 Section.
d) When considering prior
			 convictions, only convictions for operating a motor vehicle in violation of
			 restrictions on an instruction permit within seven years prior to the arrest
			 date of the incoming conviction shall be considered.
e) 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.
f) If a
			 person has no prior suspension or revocation of any kind and a conviction for
			 operating a motor vehicle in violation of the restrictions imposed on an
			 instruction permit, 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
g) If
			 a person has one prior suspension or revocation and a conviction for operating
			 a motor vehicle in violation of the restrictions imposed on an instruction
			 permit, 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
h) 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 an instruction permit, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd or subsequent
						  Conviction
12-month Suspension
i) If
			 a person has three or more prior suspensions or revocations or any combination
			 thereof and a conviction for operating a motor vehicle in violation of the
			 restrictions imposed on an instruction permit, the Department shall take action
			 as follows:
ACTION TABLE
Convictions
Action
1st or subsequent
						  Conviction
12-month Suspension
j) If
			 a conviction for operating a motor vehicle in violation of the restrictions
			 imposed on an instruction permit 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 an instruction
			 permit 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 for the same amount of time as the originally
			 imposed suspension in accordance with IVC Section 6-303.
k) 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 an
			 instruction permit, the suspension shall be amended in accordance with the
			 guidelines of subsections (f) through (i).