Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1040 - CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS › Section 1040.31 - Operating a Motor Vehicle During a Period of Suspension or Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to IVC
			 Section 6-303, when the Department is notified that a person has been convicted
			 of any violation committed while operating a motor vehicle upon a highway,
			 except violations of IVC Section 12-603.1 and Section 7-342.1 of the Chicago
			 Traffic Code while driving privileges were suspended, excluding miscellaneous
			 suspensions, and the person does not possess a valid restricted driving permit,
			 judicial driving permit or probationary license at the time of arrest, the
			 period of suspension shall be extended for an additional like period of time as
			 the original suspension if the suspension is in effect at the time the
			 conviction is recorded to the driving record. The Department shall suspend for
			 a like period of time as the original suspension if the suspension has
			 terminated at the time the conviction is recorded to the driving
			 record.
b) If a person is convicted
			 of driving while driving privileges are suspended in violation of IVC Section
			 6-303(a) and possesses a valid probationary license at the time of the arrest,
			 no suspension action will be taken by the Department.
c) If a person is convicted of driving while
			 driving privileges are suspended in violation of IVC Section 6-303(a) or 6-113
			 and at the time of arrest the person had in his/her possession a valid
			 restricted driving permit or valid judicial driving permit, the period of
			 suspension shall be extended for an additional like period of time as the
			 original suspension if the suspension is in effect at the time the conviction
			 is recorded to the driving record. If the suspension has terminated at the time
			 the conviction is recorded to the driving record the Department shall suspend
			 for a like period of time as the original suspension.
d) If a person is convicted of driving while
			 driving privileges are revoked in violation of IVC Section 6-303(a) or 6-113,
			 and at the time the conviction is recorded to the driving record, a revocation
			 is in effect, the person shall not be eligible to apply for reinstatement of
			 driving privileges for an additional one year period from the date of
			 conviction or the latest projected eligibility date on record regardless of
			 whether or not the person possesses a valid restricted driving permit. If the
			 period of revocation has terminated at the time the conviction is recorded to
			 the driving record, the Department shall suspend the person's driving
			 privileges for 12 months.
e) If a
			 person is convicted of any violation committed while operating a motor vehicle
			 upon a highway during a period of suspension, excluding miscellaneous
			 suspensions, and possesses a valid restricted driving permit or valid judicial
			 driving permit at the time of arrest, a determination shall be made whether or
			 not the person was in violation of a restriction on the permit based on, but
			 not limited to, the person's driving record, the ticket issued, and the
			 restriction on the permit. If a violation of a restriction on the permit
			 exists, the period of suspension shall be extended for an additional like
			 period of time as the original suspension, provided the suspension is in effect
			 at the time the conviction is recorded to the driving record. If the suspension
			 has terminated at the time the conviction is recorded to the driving record,
			 the Department shall suspend for a like period of time as the original
			 suspension. Convictions of the following violations shall be excluded from this
			 subsection: IVC Sections 6-303(a) and 6-113, Section 7-342.1 of the Chicago
			 Traffic Code and IVC Section 12-603.1.
f) If a person is convicted of any violation
			 committed while operating a motor vehicle upon a highway during a period of
			 revocation and possesses a valid restricted driving permit at the time of
			 arrest, a determination shall be made, whether or not the person was in
			 violation of a restriction imposed on the permit based on, but not limited to,
			 the person's driving record, the ticket issued, and the restrictions on the
			 permit. If a violation of a restriction on the permit exists, the person shall
			 not be eligible to apply for reinstatement of driving privileges for an
			 additional one year period or longer as provided in IVC Section 6-208 from the
			 date of conviction or the latest projected eligibility date on record provided
			 the revocation is in effect at the time the conviction is recorded to the
			 driving record. If the period of revocation has terminated at the time the
			 conviction is recorded to the driving record, the Department shall suspend the
			 person's driving privileges for 12 months. Convictions of the following
			 violations shall be excluded from this subsection: IVC Sections 6-303(a) and
			 6-113, Section 7-342.1 of the Chicago Traffic Code and IVC Section
			 12-603.1.
g) If a person is
			 convicted of any violation committed while operating a motor vehicle upon a
			 highway during a period of suspension, excluding miscellaneous suspensions, or
			 during the period of revocation and possesses a valid restricted driving permit
			 or valid judicial driving permit at the time of arrest, a determination shall
			 be made whether or not a violation of any restriction on the permit exists,
			 based on, but not limited to, the person's driving record, the ticket issued,
			 and the restrictions on the permit. If no violation of a restriction on the
			 permit is found to exist, the Department shall take no action pursuant to IVC
			 Section 6-303(b). Convictions of the following violations shall be excluded
			 from this subsection: IVC Sections 6-303(a) and 6-113, Section 7-342.1 of the
			 Chicago Traffic Code and IVC Section 12-603.1.
h) If a person is convicted of any violation
			 of driving during a miscellaneous suspension, the Department will take no
			 action pursuant to IVC Section 6-303(b).