Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.55 - Suspension or Revocation for Driver's License Classification Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person who is
			 convicted of operating a motor vehicle without the proper license
			 classification shall have his/her driving privileges suspended or revoked by
			 the Department. If a new upgraded license has been issued for the proper
			 classification of the vehicle being operated at the time of arrest on or prior
			 to the conviction date for a first offense of a license classification
			 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 without the proper
			 license classification within seven years prior to the arrest date of the
			 incoming conviction shall be considered.
d) Only those suspensions or revocations
			 cleared within seven years prior to the effective date of the forthcoming
			 suspension or revocation shall be considered as prior suspensions or
			 revocations.
e) If a person has no
			 prior suspensions or revocations of any kind and is convicted of operating a
			 motor vehicle in violation of license classification, the Department shall take
			 action as follows:
TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd Conviction
6-month Suspension
4th Conviction
12-month Suspension
5th or more
						  Convictions
Revocation
f) If
			 a person has one prior suspension or revocation and is convicted of operating a
			 motor vehicle in violation of license classification, the Department shall take
			 action as follows:
TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd Conviction
12-month Suspension
4th or more
						  Convictions
Revocation
g) If
			 a person has two prior suspensions or revocations or any combination thereof
			 and is convicted of operating a motor vehicle in violation of license
			 classification, the Department shall take action as follows:
TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd Conviction
Revocation
h) If
			 a person has three prior suspensions or revocations or any combination thereof
			 and is convicted of operating a motor vehicle in violation of license
			 classification, the Department shall take action as follows:
TABLE
Convictions
Action
1st Conviction
12-month Suspension
2nd or more
						  Convictions
Revocation
i) If
			 a person has four or more prior suspensions or revocations or any combination
			 thereof and is convicted of operating a motor vehicle in violation of license
			 classification, the Department shall take action as follows:
TABLE
Convictions
Action
1st or more
						  Convictions
Revocation
j) If
			 a person convicted of operating a motor vehicle in violation of license
			 classification has 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 person convicted for operating a motor vehicle in
			 violation of license classification has 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 6-206(a)(20) or 6-206(a)(6)and
			 receives a subsequent conviction for operating a motor vehicle in violation of
			 license classification, the suspension shall be amended in accordance with the
			 guidelines of subsections (f) through (i).