Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.444 - Monitoring Device Driving Permit (MDDP) Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Breath Alcohol Ignition Interlock Device
				(BAIID) Required for Issuance; Fee Required
1) The Secretary shall notify a first
				offender (MDDP offender), as defined in IVC Section 11-500, that he or she will
				be issued an MDDP. The issuance of the MDDP shall be conditioned on the
				installation and use of a BAIID in any vehicle operated, as required by IVC
				Section 6-206.1. Only BAIIDs certified by the Secretary under Section
				1001.442
				of this Part may be utilized. As provided in IVC Section 6-206.1, an MDDP
				offender must pay a non-refundable fee in an amount equal to $30 per month
				times the number of months or any portion of a month remaining on the statutory
				summary suspension at the time the Secretary issues the MDDP. No fee will be
				charged for any month in which the Secretary issues the MDDP on or after the
				20th day of that month. This total, one time payment
				for each MDDP issued must be paid in advance and prior to the issuance of the
				MDDP. Payment must be submitted in the form of a money order, check or credit
				card charge (with a pre-approved card), made payable to the Secretary of
				State.
2) Any MDDP holder whose
				summary suspension is extended or who is re-suspended as provided for in IVC
				Section 6-206.1 and who applies for and obtains an extension or re-issuance of
				an MDDP, shall likewise be required to pay the non-refundable fee for the
				length of the period of extension or re-suspension under the same terms and
				conditions as stated in subsection (a)(1). Any such suspension will not be
				terminated until payment of any and all fees due under this Section is
				made.
3) Any MDDP offender whose
				driving privileges are otherwise suspended, revoked, cancelled or become
				otherwise invalid is not eligible to receive an MDDP.
4) Any MDDP shall be invalid and must be
				surrendered to the Secretary if an MDDP holder's driving privileges
				subsequently are suspended, revoked, cancelled or become otherwise invalid
				under any provision of the IVC, during the issuance period of the MDDP. This
				includes a conviction and subsequent revocation of driving privileges for the
				DUI arrest that resulted in the issuance of the MDDP. The MDDP offender,
				including an MDDP holder that surrendered his or her MDDP prior to the
				suspension, revocation, cancellation or invalidation of driving privileges, may
				petition, at a formal hearing conducted pursuant to IVC Section 2-118, for a
				restricted driving permit during the period of suspension, revocation,
				cancellation or invalidation, if available pursuant to the IVC. In order to
				obtain a restricted driving permit pursuant to this Section, the MDDP offender
				must also satisfy the other provisions of this Part. Further, should a
				restricted driving permit be granted, the MDDP offender may only operate
				vehicles in which a properly working BAIID has been installed and is subject to
				all of the provisions of the BAIID program.
5) Any MDDP holder whose MDDP is invalidated
				as provided in subsection (a)(4), except those MDDP holders cancelled under IVC
				Section 6-206.1(c-1), may obtain another MDDP upon termination of the sanction
				that led to the invalidation as long as the offender is still eligible for an
				MDDP. The offender must notify the Secretary in writing and submit the
				statutory permit fee. Upon issuance of an MDDP, the MDDP holder is subject to
				all of the provisions of this Section.
6) The MDDP holder may voluntarily terminate
				participation in the MDDP program by written notification and surrender of the
				permit to the Secretary's BAIID Division. This voluntary termination does not
				in any way affect any sanction imposed under this Section. An offender may also
				resume participation by notifying the BAIID Division in writing, but may do so
				only once during the term of the suspension, extension or re-suspension due to
				a violation of the program.