reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.43 - Suspension or Revocation for Illegal Transportation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a person who is under 21 years of age
			 at the time of arrest is convicted of illegal transportation of alcohol by a
			 driver, the Department shall suspend his/her driving privileges for 12 months.
			 Only arrests that occur on or after January 1, 1994 shall be
			 considered.
b) An individual who
			 has two or more convictions, regardless of age at the time of arrest, and whose
			 arrest dates fall within any 12-month period, for illegal transportation of
			 alcohol as a driver, shall have his/her driving privileges suspended or revoked
			 by the Department.
1) In reviewing an
			 individual's driving record for illegal transportation convictions, only those
			 illegal transportation convictions with arrest dates on or after January 1,
			 1986 shall be considered.
2) If a
			 person's record contains no prior suspensions or revocations and two
			 convictions whose arrest dates fall within any 12-month period for illegal
			 transportation, regardless of age at the time of arrest, the Department shall
			 suspend his/her driving privileges for 12 months. A third or subsequent
			 conviction within the same 12-month period shall result in the person's driving
			 privileges being revoked by the Department.
3) If a person's record contains one or more
			 prior suspensions or revocations, excluding miscellaneous suspensions or
			 suspensions as a result of subsection (a), within seven years from the
			 effective date of the suspension or revocation, in addition to two convictions
			 for illegal transportation, regardless of age at the time of arrest, and the
			 arrest dates fall within any 12-month period, the Department shall revoke
			 his/her driving privileges.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.44 - Suspension or Revocation for Violation of Possession of Medical Cannabis in a Motor Vehicle

Current through Register Vol. 48, No. 28, July 12, 2024
If any person has been convicted of violating Section
				11-502.1(a) of the IVC, the Department shall take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or Subsequent
						  Conviction
Revocation
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.46 - Suspension or Revocation for Personal Injury Suspensions or Revocations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 shall review accidents in which a personal injury has occurred and an
			 individual has been convicted of a traffic offense in accordance with Section
			 1040.20. No
			 action shall be taken by the Department unless the traffic accident report
			 completed by a law enforcement officer indicates a personal injury that has
			 been designated as a Type A injury and the injured party was transported to a
			 hospital. No action shall be taken in a personal injury case if the only Type A
			 injury indicated was for the individual convicted of the traffic violation.
			 Fatal accidents that occur on or after January 1, 2011 shall not be subject to
			 subsections (a) through (f), but shall be subject to subsection (g).
b) Suspensions and revocations under these
			 provisions shall be based on the number of points a person has accumulated and
			 upon review of the individual's prior driving record, unless the conviction is
			 an immediate action violation for which no points are assigned. The points
			 shall be assigned in the following manner:
1)
			 Five points shall be added to a person's point total for a Type A injury to a
			 maximum of four persons. Five additional points shall be assigned for each Type
			 A injury for the fifth and each subsequent Type A injury.
2) For the most serious conviction resulting
			 from the accident, the same amount of points assigned to the conviction
			 pursuant to Section
			 1040.20 shall
			 be added to the person's point total.
3) Ten points shall be added to the person's
			 point total for each previous two-month suspension entered in accordance with
			 IVC Section 6-206(a)(2). Fifteen points shall be added to the person's point
			 total for any other previous non-alcohol related suspension and 20 points shall
			 be added to the person's point total for any alcohol related suspension or any
			 revocation within two years prior to or one year subsequent to the accident.
			 Miscellaneous suspensions shall not be counted as prior or subsequent
			 suspensions.
4) Ten points shall
			 also be added to the person's point total for each conviction of reckless
			 driving in violation of IVC Section 11-503, speeding in excess of 25 miles per
			 hour over the speed limit in violation of IVC Section 11-601(b), or operating a
			 motorcycle on one wheel in violation of IVC Section 11-1403.2 issued within two
			 years prior to or one year subsequent to the accident.
5) Five points shall be added to the person's
			 point total for any traffic-related conviction issued within two years prior to
			 or one year subsequent to the accident with the following exceptions:
A) No conviction associated with a previous
			 suspension or revocation shall be used.
B) Only the most serious conviction resulting
			 from the accident under review shall be used.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.50 - Occupational Driving Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 If the Secretary of State suspends the driver's license of a person pursuant to
			 IVC Section 6-206(a)(2) and the person drives a commercial vehicle in
			 connection with his/her regular occupation, the person may qualify for an
			 occupational driving permit if:
1) the
			 individual is at least 18 years of age; and
2) the individual has been issued or has
			 qualified for a valid Illinois driver's license prior to issuance of the
			 occupational driving permit; and
3)
			 there are no outstanding reinstatement fees or failure to pay notations on the
			 Illinois driving record; and
4)
			 there are no open or pending suspensions, revocations, cancellations or
			 disqualifications on the individual's Illinois driving record; and
5) the suspension period does not exceed 12
			 months; and
6) the suspension was
			 the result of three, four or five offenses that were committed within a
			 12-month period. If five offenses were committed, at least two of which
			 occurred while operating a commercial vehicle in connection with the driver's
			 regular occupation, the driver would not qualify for an occupational driving
			 permit; and
7) the individual's
			 occupation is full time, and one that involves driving a commercial vehicle on
			 a regular basis. Part-time employment or a person renting a commercial vehicle
			 under a short term lease shall not qualify; and
8) the individual successfully completes a
			 Driver Remedial Education Course prior to the issuance of the occupational
			 driving permit; and
9) the
			 individual completes and signs an affidavit prescribed by the Secretary of
			 State setting forth his/her eligibility as a driver of a commercial vehicle and
			 such other information as required by the Secretary of State. The affidavit
			 shall also be notarized by a Notary Public or signed by a Secretary of State
			 Hearing Officer; and
10) the
			 individual submits a notarized letter from the employer, on the employer's
			 letterhead, verifying employment; and
11) the individual submits appropriate fee;
			 and
12) the individual surrenders
			 his/her current Illinois driver's license.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.52 - Driver Remedial Education Course

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary of State shall require a driver under the age of
				21, whose driving privileges have been suspended pursuant to IVC Section
				6-206(a)(4), (11), (16), (21), (31), (33), (34 prior to 7/30/98), (36), (43
				prior to 1/1/09), (44) and/or 11-501.8 to successfully complete a driver
				remedial education course prior to the reinstatement of his/her driving
				privileges.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.60 - Release of Information Regarding a Disposition of Court Supervision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Information
			 pertaining to a driver's placement on court supervision for any offense as
			 listed in Section
			 1040.20 shall
			 not be released or made available to any source, except as expressly provided
			 in subsection (b).
b) Information
			 pertaining to a driver's placement on court supervision for any offense shall
			 be released to law enforcement officials, the driver, the parent or guardian of
			 an under the age of 18 driver who holds an instruction permit or a graduated
			 driver's license, his/her attorney, or the driver's licensing administrator of
			 any state upon receipt of the proper request. This information shall also be
			 released to motor carriers or prospective motor carriers after notification to
			 the driver or prospective driver. The Office of the Secretary of State shall
			 provide sufficient information on the driver's driving abstract and supervision
			 history record to enable the requesting party to obtain specific details of the
			 matter by contacting the court that has previously granted the disposition of
			 supervision.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.65 - Offenses Occurring on Military Bases

Current through Register Vol. 48, No. 28, July 12, 2024
a) Reports of Conviction
1) All convictions for traffic offenses
			 committed by an Illinois driver on a military base in the State of Illinois
			 shall be reported to the Office of the Secretary of State by the Office of the
			 Judge Advocate or other similar office from each base located in the State of
			 Illinois on a form provided and prescribed by the Office of the Secretary of
			 State.
2) All convictions for
			 traffic offenses committed on a military base in the State of Illinois by an
			 Illinois driver who is a civilian or military dependent that are adjudicated in
			 a federal district court or by the U.S. Magistrate shall be reported by the
			 federal district court clerk to the Office of the Secretary of State on a form
			 provided and prescribed by the Office of the Secretary of State.
3) Reports of convictions received by the
			 Office of the Secretary of State shall be entered upon the driver's record.
			 Conviction shall mean that the case was disposed of or adjudicated by the U.S.
			 District Court, the U.S. Magistrate, court-martial conviction, or non-judicial
			 punishment pursuant to Article 15 of the Uniform Code of Military Justice (
			 10 USC
			 810 ).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.66 - Invalidation of a Restricted Driving Permit

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of one or more of the following documents from a
				circuit clerk's office or the Department of Administrative Hearings within the
				Office of the Secretary of State, the Department shall invalidate a Restricted
				Driving Permit (RDP):
a) the RDP, when
			 accompanied by evidence of a violation of any restrictions on the RDP, except
			 that the RDP of the permittee whose alcohol/drug use was classified as High
			 Risk Dependent shall not be invalidated based solely on BAIID violations that
			 show the permittee has failed to maintain abstinence; or
b) a copy of a charging document for
			 manslaughter or reckless homicide resulting from operation of a motor vehicle
			 in violation of Section 9-3 of the Criminal Code of 1961 [720 ILCS 5], driving
			 under the influence of alcohol and/or other drugs in violation of IVC Section
			 11-501, or a similar provision of a local ordinance, leaving the scene of a
			 motor vehicle accident involving death or personal injury in violation of IVC
			 Section 11-401, drag racing in violation of IVC Section 11-504, or street
			 racing in violation of IVC Section 11-506; or
c) a law enforcement officer's sworn report;
			 or
d) a report of any disposition
			 of court supervision or convictions for driving under the influence of alcohol
			 and/or other drugs in violation of IVC Section 11-501, or a similar provision
			 of a local ordinance, leaving the scene of a motor vehicle accident involving
			 death or personal injury in violation of IVC Section 11-401, drag racing in
			 violation of IVC Section 11-504, or street racing in violation of IVC Section
			 11-506.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.80 - Cancellation of Driver's License Upon Issuance of a Disabled Person Identification Card

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 a Disabled Person Identification Card as provided in 92 Ill. Adm. Code
			 1030.91
			 is issued to someone who has a valid Illinois driver's license, the case shall
			 be forwarded to the Driver Analysis Section of the Department for review and
			 possible cancellation of the person's driver's license. If the person indicated
			 on his/her Disabled Person Identification Card application via affidavit that
			 he/she has a handicap so severe that it precludes him/her from obtaining an
			 Illinois driver's license, the driver's license shall be cancelled unless proof
			 is offered that indicates that the Disabled Person Identification Card was
			 issued in error and should be cancelled.
b) If the applicant holds a valid Illinois
			 driver's license and indicates on his/her Disabled Person Identification Card
			 application via affidavit that his/her handicap is so severe that it precludes
			 him/her from obtaining an Illinois driver's license, the Department shall
			 request that the person submit a medical report to the Driver Analysis Section
			 of the Department. If the medical report is favorable and indicates that the
			 individual can safely operate a motor vehicle, the Disabled Person
			 Identification Card shall be cancelled. However, if the medical report
			 indicates the individual cannot safely operate a motor vehicle, the Illinois
			 driver's license will be cancelled pursuant to IVC Section 6-201(5). If the
			 person wishes to contest the Departmental decision, he/she may request an
			 administrative hearing pursuant to 92 Ill. Adm. Code 1001. If an individual
			 does not submit the medical report after being requested to do so, his/her
			 driver's license shall be cancelled, if one has previously been issued. This
			 decision may also be contested in accordance with 92 Ill. Adm. Code
			 1001.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.100 - Rescissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 shall rescind the following orders when the specified criteria are met:
1) Suspensions, revocations,
			 disqualifications and denials of driver's license and/or driving privileges,
			 except warrant parking/traffic suspensions, failure to appear suspensions (as
			 applied to residents and non-residents) and statutory summary suspensions, upon
			 receipt of certified court evidence reporting non-conviction, supervision,
			 stricken on leave (SOL), or a correction or an amendment stating there was an
			 error that formed the basis of the suspension, the revocation, or the denial of
			 driver's license/driving privilege and/or it has been vacated or that a
			 previously submitted judgment has been reversed.
2) Cancellation of driver's license and/or
			 driving privileges upon receipt by the Department of one of the following:
A) evidence from an instructor of a driver
			 education program indicating the driver has re-enrolled in the
			 program;
B) favorable physical or
			 psychiatric report from a licensed medical specialist prior to the effective
			 date of the cancellation or receipt of a second report completed by the
			 licensed medical specialist showing the original report submitted was
			 incorrect;
C) evidence from a
			 licensed medical specialist indicating that he/she failed to submit a favorable
			 medical report for the driver within 90 days;
D) evidence reversing a decision made by the
			 Department that two driver's license records are for the same person;
E) court evidence changing the disposition of
			 a conviction previously reported upon which the cancellation was based;
			 or
F) documentation from another
			 state licensing agency that reverses an original report upon which the
			 cancellation was based.
3) Failure to Appear Suspensions upon receipt
			 of certified court evidence vacating the Failure to Appear or when the
			 Department receives a compliance notice or court receipt prior to the effective
			 date of the suspension indicating that the charges have been
			 satisfied.
4) Statutory Summary
			 Suspensions upon receipt of a Certified Hearing Disposition Notice or court
			 order from the court of venue to rescind the suspension.
5) Warrant/Parking Traffic Suspensions upon
			 receipt of certified evidence from the court or municipality indicating the
			 original report was in error or the person identified in the original report
			 was the wrong defendant or the Department receives notice of final disposition
			 prior to the effective date of the suspension.
6) Toll violation or evasion suspensions upon
			 receipt of certified evidence from the Illinois State Toll Highway Authority
			 indicating the original report was in error or the person identified in the
			 original report was the wrong defendant or the Department receives Notice of
			 Final Disposition prior to the effective date of the suspension.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.101 - Reinstatement Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 fee collected by the Department for reinstatement of a driver's license
			 following a suspension or revocation shall be as prescribed by IVC Section
			 6-118(b).
b) The Department shall
			 collect one fee for each suspension and revocation identified in IVC Section
			 6-118(b) prior to license reinstatement.
c) If a suspension or revocation is
			 rescinded, the Department shall not collect a reinstatement fee for that
			 specific action.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.102 - Bankruptcy Rule for Suspensions, Cancellations, Failure to Pay, Returned Check and Dishonored Electronic Payment Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a debtor's driving privileges have been
			 or will be suspended for a parking suspension pursuant to IVC Section 6-306.5,
			 and if the parking or standing tickets are issued prior to petition for
			 discharge, or, if a debtor's driving privileges have been or will be cancelled
			 as a result of a returned check, dishonored credit card, or dishonored
			 electronic payment pursuant to IVC Section 6-201(a)(3), proper notice to the
			 Department shall result in the rescission of the suspension or cancellation
			 from the driving record.
b) If a
			 debtor's privilege to renew or be reissued a driver's license has been or will
			 be prohibited based upon a returned check, dishonored credit card, or
			 dishonored electronic payment pursuant to IVC Section 6-201(a)(3), or based
			 upon a report of failure to pay traffic fines and court costs pursuant to IVC
			 Section 6-306.6, proper notice to the Department shall result in the deletion
			 of this indication from the driving record.
c) Proper notice shall consist of, but not be
			 limited to, one of the following:
1) Petition
			 in Bankruptcy
2) Notice of Meeting
			 of Creditors
3) Schedule A-3 or
			 Schedule of Creditors
4) Trustee
			 Report of No Assets
5) Petition for
			 Discharge Filed in Bankruptcy
6)
			 Notice of Automatic Stay
7) Chapter
			 13 Wage Earner Plan
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.107 - Suspension for Violation of Improperly Approaching a Stationary Emergency Vehicle

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 the Department receives a conviction for IVC Section 11-907(c), the Department
			 will take the following action:
ACTION TABLE
Convictions
Action
Conviction with an arrest date prior to 1/1/09
3-month suspension
b) If
			 the Department receives notice of a conviction of a violation of the IVC
			 Section 11-907(c) that resulted in damage to property of another person, the
			 Department will take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
3-month Suspension
2nd Conviction
6-month Suspension
3rd or Subsequent Conviction
12-month Suspension
c) If
			 the Department receives notice of a conviction for a violation of IVC Section
			 11-907(c) that resulted in injury to another person, the Department will take
			 the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or Subsequent Conviction
24-month Suspension
d) If
			 the Department receives notice of a conviction for a violation of IVC Section
			 11-907(c) that resulted in the death of another person, the Department will
			 take the following action:
ACTION TABLE
Convictions
Action
1st or Subsequent Conviction
24-month Suspension
e) If a
			 person has one or more open or pending suspensions and a conviction for
			 violation of IVC Section 11-907(c) is received, a suspension will be entered in
			 accordance with subsection (a) and become effective upon the latest provisional
			 or projected termination date of the suspension on record.
f) If a record of judgment is received from
			 the court, the Department will enter a suspension for the period specified by
			 the court or extend the period of an existing suspension for the period
			 specified by the court.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.108 - Suspension for Failure to Make Report of Vehicle Accident Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person who is
			 convicted of violating IVC Section 11-406 for failure to make a report of a
			 vehicle accident shall have his/her driving privileges suspended by the
			 Department.
b) When considering
			 prior convictions, only those convictions for failure to make a report of a
			 vehicle accident that have an arrest date within seven years prior to the
			 arrest date of the incoming conviction shall be considered.
c) Upon receipt of a report of conviction for
			 failure to make a report of a vehicle accident, the Department shall take
			 action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd or subsequent
						  Conviction
6-month Suspension
d) If
			 a conviction for failure to make a report of a vehicle accident 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 failure to make a report of a vehicle accident shows an arrest
			 date during a period of suspension (excluding miscellaneous 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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.109 - Suspension for Two or More Convictions for Railroad Crossing Violations

Current through Register Vol. 48, No. 28, July 12, 2024
An individual who has two or more convictions for violating IVC
				Section 11-1201 shall have his/her driving privileges suspended by the
				Department in accordance with IVC Section 6-206(a)(39).
a) In reviewing an individual's driving
			 record for convictions of violating IVC Section 11-1201 only those convictions
			 with arrest dates on or after January 1, 2003 shall be considered.
b) If the driving record contains two or more
			 convictions for violating IVC Section 11-1201, the following action shall be
			 taken:
ACTION TABLE
Convictions
Action
2nd Conviction
6-month Suspension
3rd or subsequent
						  Conviction
12-month Suspension
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.111 - Suspension for Failure to Yield upon Entering a Construction or Maintenance Zone when Workers Are Present

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Department receives notice of a
			 conviction for a violation of IVC Section 11-908(a-1) that resulted in damage
			 to the property of another person, the Department will take the following
			 action:
ACTION TABLE
Convictions
Action
1st Conviction
3-month Suspension
2nd Conviction
6-month Suspension
3rd or Subsequent Conviction
12-month Suspension
b) If
			 the Department receives notice of a conviction for a violation of IVC Section
			 11-908(a-1) that resulted in injury to another person, the Department will take
			 the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or Subsequent Conviction
24-month Suspension
c) If
			 the Department receives notice of a conviction for a violation of IVC Section
			 11-908(a-1) that resulted in the death of another person, the Department will
			 take the following action:
ACTION TABLE
Convictions
Action
1st or Subsequent Conviction
24-month Suspension
d) If a
			 person has one or more open or pending suspensions (excluding miscellaneous
			 suspensions) and a conviction for a violation of IVC Section 11-908(a-1) is
			 received, the Department will enter the suspension in accordance with this
			 Section. The suspension will become effective upon the latest provisional or
			 projected termination date of the suspension on record.
e) If the Department receives a record of
			 judgment entered against a person for a conviction of a violation of IVC
			 Section 11-908(a-1) in which the court has ordered a suspension of a different
			 length to be imposed, the Department will enter the suspension for the period
			 specified by the court.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.116 - Discretionary Suspension/Revocation; Committing Perjury; Submitting False/Fraudulent Documents; Notification by Department of Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department of Administrative Hearings, whenever it has clear and convincing
			 evidence that a person committed perjury, or submitted fraudulent, falsified or
			 materially altered documents, or submitted documents as his/her own that were
			 prepared or composed for another person, shall notify the Driver Services
			 Department.
b) Such notification
			 shall include a request from the Department of Administrative Hearings to take
			 action against the driving privileges of the person and one or more of the
			 following:
1) A copy of the administrative
			 order entered pursuant to a hearing held; or
2) A copy of any and all fraudulent,
			 falsified or materially altered documents; or
3) Any other relevant documents.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.117 - Suspension for Concealment or Obstruction of Registration to Hinder Law Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 person who has been convicted of a violation of IVC Section 3-413(j) shall have
			 his/her driving privileges suspended by the Department.
b) Upon notice of conviction, the Department
			 shall take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
1st Conviction (with open or
						  pending revocation)
Revocation
2nd Conviction
12-month Suspension
3rd or subsequent
						  Conviction
Revocation
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1050 - LICENSE PROVISIONS VIOLATIONS › Section 1050.10 - License as Bail

Current through Register Vol. 48, No. 28, July 12, 2024
A uniform traffic ticket and complaint as adopted and approved
				by the Conference of Chief Circuit Court Judges of Illinois Courts and as filed
				with the Supreme Court of Illinois shall constitute a receipt for any drivers
				license deposited in lieu of or in addition to bail by any alleged offender
				with any judge, court clerk, arresting officer or other official accepting such
				deposit. The alleged offender's copy of such uniform traffic ticket and
				complaint issued to him at the time of an arrest and the deposit of his license
				in lieu of or in addition to bail may be used as authority or permission to
				operate a motor vehicle until such time as his drivers license is returned to
				him or the traffic charge for which he has been arrested has been disposed
				of.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1055 - ANTI-THEFT AND ABANDONED VEHICLES LAW › Section 1055.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, the following definitions shall
				apply:
"B.A.T." Program - the Motor Vehicle Theft Prevent Program as
				set forth in Section 4-109 of the I.V.C.
"First Division" - Those motor vehicles which are designed for
				the carrying of not more than 10 (ten) persons.
"Registered owner" - A person who holds legal title of a
				vehicle registered in the State of Illinois.
"Second Division" - Those vehicles which are designed for
				carrying more than 10 (ten) persons, those designed or used for living quarters
				and those vehicles which are designed for pulling or carrying property,
				freight, or cargo, those motor vehicles of the First Division remodelled for
				use and used as motor vehicles of the Second Division, and those motor vehicles
				of the First Division used and registered as school buses.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1055 - ANTI-THEFT AND ABANDONED VEHICLES LAW › Section 1055.20 - Application for Participation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any resident of Illinois who is a
			 registered owner of a motor vehicle of the First Division or of the Second
			 Division under 8,000 pounds may participate in the "B.A.T." program.
b) Requests for consent forms can be made by
			 telephone to 1-800-608-0561 or in writing to:
BEAT AUTO THEFT PROGRAM
Illinois Secretary of State
Department of Police
324 West Monroe
Springfield, Illinois 62756
Consent forms will also be made available to local law
				enforcement agencies and Driver's Services facilities for dissemination.
c) A separate consent form provided by the
			 Secretary of State will be required for each vehicle to be registered with the
			 "B.A.T." Program. Only consent forms provided by the Secretary of State will be
			 accepted.
d) Consent forms shall be
			 returned to the Secretary of State at the address given in subsection (b) above
			 accompanied by check or money order made payable to the "Secretary of State" in
			 the amount of $5.00 (five dollars) per consent form.
e) Upon verification of the applicant's
			 information, the Secretary of State Police Inquiry Unit (P.I.U.) will assign a
			 decal number to the applicant's registered vehicle and return mail a
			 registration receipt form and decal to the applicant.
f) P.I.U. will indicate that the
			 vehicle/registered owner is participating in the "B.A.T." Program by "tagging"
			 the Secretary of State Vehicle Registration file.
g) Decal shall be affixed to the registered
			 vehicle in the following manner:
1) On a
			 First Division vehicle; in the lower left corner (driver's side) of the rear
			 windshield.
2) On a Second Division
			 vehicle; in the lower left corner (driver's side) of the rear
			 windshield.
3) On a Second Division
			 vehicle with no back window exposed; in the lower right hand corner of the
			 driver's side window.
4) On a
			 motorcycle; on the left side of the front fork.
5) Any other vehicle; as prescribed on a case
			 by case basis by the Secretary of State.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1055 - ANTI-THEFT AND ABANDONED VEHICLES LAW › Section 1055.30 - Transfer, Withdrawal, Cancellation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Neither decal nor registration in the
			 "B.A.T." Program is transferrable.
b) If registered vehicle is sold, it is the
			 participant's responsibility to remove the decal from the vehicle and inform
			 the Secretary of State via the cancellation/withdrawal form that the vehicle is
			 to be withdrawn from the B.A.T. Program.
c) No part of the registration fee is
			 refundable.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.10 - Unlicensed Person May Not Operate Driver Training School

Current through Register Vol. 48, No. 28, July 12, 2024
a) No entity or individual that accepts
			 payment in performing activities in driver training instruction or the
			 preparation of an applicant for examination given by the Secretary of State for
			 a driver's license or permit may operate unless licensed as a commercial
			 driving school that is in compliance with Article IV of the Illinois Driver
			 Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6, Art. IV].
b) Any entity or individual that is licensed
			 as a commercial driving school must display its appropriate license in a
			 visibly prominent place at their established place of business.
c) No person or group licensed as a driver
			 training school, or any agent, servant or employee of any driver training
			 school, shall give driver training instruction unless licensed by the
			 Department as a driver training instructor.
d) No school shall operate before it is
			 properly licensed to do business in the State of Illinois by the Secretary of
			 State as provided in Section 6-401 of the Illinois Vehicle Code [625 ILCS
			 5/6-401 ].
e) No school may remain in operation if its
			 license to do business in Illinois is suspended, revoked, canceled or not
			 renewed.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.30 - Driver Training Schools Names

Current through Register Vol. 48, No. 28, July 12, 2024
a) No driver training school shall adopt,
			 use, or conduct any business under a name that is not distinguishable upon the
			 records of the Department from a name used by another driver training school as
			 defined in 14 Ill. Adm. Code
			 150.440.
b) No licensed driver training school shall
			 incorporate under its own or another name unless the name of the proposed
			 corporation is submitted to the Department of Business Services of the Office
			 of the Secretary of State for a final determination of the availability of the
			 name along with the fee required by Section
			 15.10 of the Business
			 Corporation Act of 1983 [805 ILCS
			 5/15.10 ].
c) No licensed driver training school's name
			 shall contain, separate and apart from any other word or abbreviation in such
			 name, the word "corporation", "company", "incorporated", or limited", or an
			 abbreviation of one of such words, unless so licensed by the Secretary of
			 State.
d) No driver training school
			 shall change its name, the location of its established place of business or any
			 of its branch facilities unless thirty (30) days prior written notice is given
			 to the Department stating the change of name or location or both. Upon receipt
			 of the above notice, the Department shall, without an application fee, require
			 the driver training school to complete an amended application for license in
			 the form and manner as prescribed for original applicants.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.40 - Refund of Application Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The Secretary of State shall not refund any application fee
				which has been submitted by any person with an application for a driver
				training school or driver training instructor's license. This provision shall
				apply to all applicants regardless of whether a license has been issued or
				denied.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.50 - School Locations and Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each driver training school must comply
			 with IVC Section 6-409. In addition, the branch classroom shall be identified
			 as such by a permanent sign which indicates the location of the main office and
			 classroom and which is reasonably visible to the general public from outside
			 the branch classroom.
b) The
			 established place of business of each driver training school shall comply with
			 IVC Section 6-406 and, in addition:
1) The
			 main office and each branch office shall have a minimum of 150 square feet of
			 office space;
2) Each school
			 facility must post, in a conspicuous place, on or near the permanent school
			 sign, the days and regular hours, on file with the Secretary of State, when
			 open. A school shall not be deemed open for business unless at least one
			 authorized representative of the school is present; and
3) The main office and each branch office of
			 the driver training school may be in the same building with another business,
			 providing the other business being conducted is legal and that the business has
			 its own entrance.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.60 - Driver Training School Student Instruction Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) All driver training schools licensed by
			 the Department shall maintain a permanent record of instruction given to each
			 student in accordance with IVC Section 6-408. If records of the driver training
			 school are kept on a computer, a hard copy must be retained for inspection
			 purposes.
b) Each driver training
			 school shall furnish the student a duplicate of his or her instruction record
			 when the student completes all of the courses contracted for or otherwise
			 ceases taking instruction at or with the school.
c) The branch office must maintain a copy of
			 the student's instruction record and any other student records required by the
			 Department for a minimum period of 6 months before transferring the records to
			 the Main Office, where they shall be kept on file in accordance with IVC
			 Section 6-408.
d) Road tests
			 conducted at Secretary of State facilities and off-site commercial driving
			 school testing sites are considered a part of instruction, and
r
ecords of these tests shall be maintained by the
			 driver training school.
e) Failure
			 to maintain the required student instruction records, and/or the maintenance of
			 incomplete records, shall be prima facie evidence that the required instruction
			 was not administered.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.71 - Adult Driver Education Course Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Certification of Provider - Any entity
			 that desires to offer an adult driver education course in a classroom setting,
			 as provided in Section 6-107.5 of the IVC, must be licensed as a commercial
			 driver training school and be certified as an adult driver education provider
			 by the Secretary of State through the Department before instruction can be
			 offered or advertised. Any entity that is licensed as a commercial driver
			 training school and is accredited to provide teen instruction shall be
			 certified to offer adult driver education.
1)
			 Upon receipt of a Secretary of State application to provide adult driver
			 education, the Secretary of State shall investigate the applicant and verify
			 the information contained in the application. A Secretary of State employee
			 shall contact the applicant and make an appointment to inspect the applicant's
			 proposed classroom facilities. At the time of inspection, the Secretary of
			 State employee shall verify that the applicant meets the standards for adult
			 driver education course certification set forth in this Section, in addition to
			 all other applicable Sections within this Part. Upon request, these standards
			 shall be furnished to the applicant by the Secretary of State before the visit.
			 If all qualifications and standards are met, the applicant shall be certified
			 to offer the adult driver education course.
2) Certification is renewable upon the
			 expiration date of the commercial driver training school license, provided all
			 qualifications and standards are met and the commercial driver training school
			 has been and is in compliance with this Part.
3) Only qualified personnel who hold a valid
			 commercial driver training school instructor license may teach the adult driver
			 education course.
4) Prior to
			 certification, providers must submit a copy of their adult driver education
			 course content to the Commercial Driver Training School Section for review and
			 approval, including the questions and answers on the final
			 examination.
5) Providers must
			 utilize only the approved course content, which shall be enforced by the
			 Secretary by unannounced inspections of the provider's classroom
			 facilities.
6) If a provider wishes
			 to substantially change its course content, a copy of the proposed course
			 content must be submitted to the Commercial Driver Training School Section for
			 review and approval.
7) Providers
			 must monitor the Illinois General Assembly and update their course content to
			 include any new laws regarding the rules of the road or operation of motor
			 vehicles. This update shall be submitted to the Commercial Driver Training
			 School Section for review and approval within 60 days after the effective date
			 of the law change.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.72 - Adult Driver Education Classroom Instruction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Course Objectives. The educational
			 objectives of adult driver education shall include, but not be limited to,
			 promoting respect for and encouraging observance of traffic laws and traffic
			 safety responsibilities of drivers and citizens, reducing traffic violations,
			 reducing traffic-related injuries, deaths and economic losses, and motivating
			 continuing development of traffic related competencies through education,
			 including, but not limited to, Illinois traffic law, risk management, driver
			 attitudes, courtesy skills, and informing participants about the effects of
			 alcohol and other drugs on driving ability.
b) Course Content
At a minimum, course content must include:
1) Familiarization with the process of
			 obtaining an instruction permit and driver's license and the obligations and
			 responsibilities that exist with holding a license;
2) Instruction on traffic laws;
3) Highway signs;
4) Signals and markings that regulate, warn
			 or direct traffic, including traffic signs and lane markings;
5) Issues commonly associated with motor
			 vehicle accidents, including poor decision making, risk taking, distractions,
			 speed, failure to use a safety belt, driving at night, failure to yield the
			 right-of-way, texting while driving and using wireless communication
			 devices;
6) How to respond to
			 emergency vehicles;
7) Turning,
			 passing and yielding;
8)
			 Construction and school zones;
9)
			 Stopping distance;
10) Blind
			 spots;
11) Strategy for driving
			 using:
A) Smith System;
B) IPDE Process;
C) Zone Control;
D) Any other recognized process for
			 identifying problems, predicting outcomes, deciding action and executing
			 decisions;
12)
			 Right-of-way for pedestrians, emergency vehicles and school buses;
13) Sharing the road with pedestrians,
			 bicyclists, motorcyclists, trucks and recreational vehicles;
14) Road hazards, including visibility,
			 weather and traction;
15) Mental
			 conditions, including alertness, awareness and emotion;
16) Alcohol and other drugs, including
			 effects, responsibilities, driving under the influence, zero tolerance, and
			 implied consent laws;
17)
			 Differences in urban and rural driving, including driving on highways and
			 Interstate driving;
18) Organ
			 donor;
19) Illinois Secretary of
			 State emergency contact database; and
20) Instruction concerning law enforcement
			 procedures for traffic stops, including a demonstration of the proper actions
			 to be taken during a traffic stop and appropriate interactions with law
			 enforcement.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.80 - Driver Training School Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) All written contracts or agreements
			 between any driver training school and any individual or group for the sale,
			 purchase, barter or exchange of any driving instruction or any classroom
			 instruction, or the preparation of an applicant for examination given by the
			 Department for a driver's license, must contain the following:
1) A statement indicating the agreed contract
			 price per hour or lesson, and the terms of payment;
2) A statement that the agreement constitutes
			 the entire contract between the school and the student, and no verbal
			 assurances or promises not contained herein shall bind the school or the
			 student;
3) A statement concerning
			 whether any additional charge is made for the use of the school vehicle in
			 taking a driving test to obtain a driver's license;
4) A statement indicating whether
			 behind-the-wheel instruction is to be in private or on a group basis or
			 both;
5) A statement indicating the
			 specific date and time when instruction is to begin, the hours of instruction
			 and the location of the classroom;
6) The name and address of the school and the
			 student or entity, and the number and type of all licenses or permits to
			 operate a motor vehicle held by the student;
7) A statement indicating that all disputes
			 under this Section be directed to the Secretary of State's Office;
			 and
8) A statement requiring all
			 students attending a full CDL accredited or teenage accredited program to
			 complete the entire course within 9 months from the date of the first classroom
			 lesson.