Statutes > Illinois Statutes > CHAPTER 625 VEHICLES > 625 ILCS 5/ Illinois Vehicle Code. > Article V - Commercial Motor Vehicle Operators

Article V - Commercial Motor Vehicle Operators


      (625 ILCS 5/Ch. 6 Art. V heading)
ARTICLE V.
COMMERCIAL MOTOR VEHICLE OPERATORS

    (625 ILCS 5/6‑500)(from Ch. 95 1/2, par. 6‑500)
    Sec. 6‑500. Definitions of words and phrases. Notwithstanding the definitions set forth elsewhere in this Code, for purposes of the Uniform Commercial Driver's License Act (UCDLA), the words and phrases listed below have the meanings ascribed to them as follows:
    (1) Alcohol. "Alcohol" means any substance containing any form of alcohol, including but not limited to ethanol, methanol, propanol, and isopropanol.
    (2) Alcohol concentration. "Alcohol concentration" means:
        (A) the number of grams of alcohol per 210 liters of
     breath; or
        (B) the number of grams of alcohol per 100
     milliliters of blood; or
        (C) the number of grams of alcohol per 67
     milliliters of urine.
    Alcohol tests administered within 2 hours of the driver being "stopped or detained" shall be considered that driver's "alcohol concentration" for the purposes of enforcing this UCDLA.
    (3) (Blank).
    (4) (Blank).
    (5) (Blank).
    (6) Commercial Motor Vehicle.
        (A) "Commercial motor vehicle" or "CMV" means a
     motor vehicle used in commerce, except those referred to in subdivision (B), designed to transport passengers or property if:
            (i) the vehicle has a GVWR of 26,001 pounds or
         more or such a lesser GVWR as subsequently determined by federal regulations or the Secretary of State; or any combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR of any vehicle or vehicles being towed is 10,001 pounds or more; or
            (ii) the vehicle is designed to transport 16 or
         more persons; or
            (iii) the vehicle is transporting hazardous
         materials and is required to be placarded in accordance with 49 C.F.R. Part 172, subpart F.
        (B) Pursuant to the interpretation of the Commercial
     Motor Vehicle Safety Act of 1986 by the Federal Highway Administration, the definition of "commercial motor vehicle" does not include:
            (i) recreational vehicles, when operated
         primarily for personal use;
            (ii) vehicles owned by or operated under the
         direction of the United States Department of Defense or the United States Coast Guard only when operated by non‑civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part‑time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or
            (iii) firefighting and other emergency equipment
         (including, without limitation, equipment owned or operated by a HazMat or technical rescue team authorized by a county board under Section 5‑1127 of the Counties Code), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations.
    (7) Controlled Substance. "Controlled substance" shall have the same meaning as defined in Section 102 of the Illinois Controlled Substances Act, and shall also include cannabis as defined in Section 3 of the Cannabis Control Act and methamphetamine as defined in Section 10 of the Methamphetamine Control and Community Protection Act.
    (8) Conviction. "Conviction" means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.
    (8.5) Day. "Day" means calendar day.
    (9) (Blank).
    (10) (Blank).
    (11) (Blank).
    (12) (Blank).
    (13) Driver. "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle, any person who is required to hold a CDL, or any person who is a holder of a CDL while operating a non‑commercial motor vehicle.
    (13.5) Driver applicant. "Driver applicant" means an individual who applies to a state to obtain, transfer, upgrade, or renew a CDL.
    (14) Employee. "Employee" means a person who is employed as a commercial motor vehicle driver. A person who is self‑employed as a commercial motor vehicle driver must comply with the requirements of this UCDLA pertaining to employees. An owner‑operator on a long‑term lease shall be considered an employee.
    (15) Employer. "Employer" means a person (including the United States, a State or a local authority) who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle. A person who is self‑employed as a commercial motor vehicle driver must comply with the requirements of this UCDLA.
    (16) (Blank).
    (16.5) Fatality. "Fatality" means the death of a person as a result of a motor vehicle accident.
    (17) Foreign jurisdiction. "Foreign jurisdiction" means a sovereign jurisdiction that does not fall within the definition of "State".
    (18) (Blank).
    (19) (Blank).
    (20) Hazardous materials. "Hazardous Material" means any material that has been designated under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.
    (20.5) Imminent Hazard. "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
    (21) Long‑term lease. "Long‑term lease" means a lease of a commercial motor vehicle by the owner‑lessor to a lessee, for a period of more than 29 days.
    (22) Motor Vehicle. "Motor vehicle" means every vehicle which is self‑propelled, and every vehicle which is propelled by electric power obtained from over head trolley wires but not operated upon rails, except vehicles moved solely by human power and motorized wheel chairs.
    (22.5) Non‑CMV. "Non‑CMV" means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle" or "CMV" in this Section.
    (23) Non‑resident CDL. "Non‑resident CDL" means a commercial driver's license issued by a state under either of the following two conditions:
        (i) to an individual domiciled in a foreign country
     meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. of the Federal Motor Carrier Safety Administration.
        (ii) to an individual domiciled in another state
     meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. of the Federal Motor Carrier Safety Administration.
    (24) (Blank).
    (25) (Blank).
    (25.5) Railroad‑Highway Grade Crossing Violation. "Railroad‑highway grade crossing violation" means a violation, while operating a commercial motor vehicle, of any of the following:
            (A) Section 11‑1201, 11‑1202, or 11‑1425 of this
         Code.
            (B) Any other similar law or local ordinance of
         any state relating to railroad‑highway grade crossing.
    (25.7) School Bus. "School bus" means a commercial motor vehicle used to transport pre‑primary, primary, or secondary school students from home to school, from school to home, or to and from school‑sponsored events. "School bus" does not include a bus used as a common carrier.
    (26) Serious Traffic Violation. "Serious traffic violation" means:
        (A) a conviction when operating a commercial motor
     vehicle, or when operating a non‑CMV while holding a CDL, of:
            (i) a violation relating to excessive speeding,
         involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or
            (ii) a violation relating to reckless driving; or
            (iii) a violation of any State law or local
         ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; or
            (iv) a violation of Section 6‑501, relating to
         having multiple driver's licenses; or
            (v) a violation of paragraph (a) of Section
         6‑507, relating to the requirement to have a valid CDL; or
            (vi) a violation relating to improper or erratic
         traffic lane changes; or
            (vii) a violation relating to following another
         vehicle too closely; or
        (B) any other similar violation of a law or local
     ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.
    (27) State. "State" means a state of the United States, the District of Columbia and any province or territory of Canada.
    (28) (Blank).
    (29) (Blank).
    (30) (Blank).
    (31) (Blank).
(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑334, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07; 95‑382, eff. 8‑23‑07.)

    (625 ILCS 5/6‑500.1) (from Ch. 95 1/2, par. 6‑500.1)
    Sec. 6‑500.1. Short title. This Article may be cited as the Uniform Commercial Driver's License Act or "UCDLA".
(Source: P.A. 86‑845.)

    (625 ILCS 5/6‑500.2) (from Ch. 95 1/2, par. 6‑500.2)
    Sec. 6‑500.2. Statement of intent and purpose. The purpose of this UCDLA is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. Law 99‑570) and reduce or prevent commercial motor vehicle accidents, fatalities and injuries by:
    (a) permitting commercial drivers to hold only one driver's license;
    (b) disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and
    (c) strengthening commercial driver licensing and testing standards.
    This UCDLA is remedial in nature and should be liberally construed to promote the public's health, safety and welfare. To the extent that this UCDLA conflicts with any other provisions of this Code, the UCDLA shall prevail. Where this UCDLA is silent, the other general provisions of this Code shall apply.
(Source: P.A. 86‑845.)

    (625 ILCS 5/6‑501)(from Ch. 95 1/2, par. 6‑501)
    Sec. 6‑501. Commercial drivers ‑ permitted only one driver's license. No person who drives a commercial motor vehicle, on the highways, shall have more than one driver's license.
    Any person convicted of violating this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 95‑382, eff. 8‑23‑07.)

    (625 ILCS 5/6‑502) (from Ch. 95 1/2, par. 6‑502)
    Sec. 6‑502. Commercial motor vehicle drivers ‑ reporting of traffic violations to the Secretary of State. When required by the Commercial Motor Vehicle Safety Act of 1986, every person who has been issued an Illinois non‑resident CDL or who is a domiciliary of this State and drives a commercial motor vehicle in violation of a law or local ordinance of any State relating to motor vehicle traffic control (other than parking violations) in any other state, shall notify the Secretary of State, on a form and in a manner prescribed by the Secretary, of such violation within 30 days after the date such person has been convicted of such offense.
(Source: P.A. 86‑845.)

    (625 ILCS 5/6‑503) (from Ch. 95 1/2, par. 6‑503)
    Sec. 6‑503. Commercial motor vehicle drivers ‑ reporting of traffic violations to employer. Every person who is a domiciliary of this State or who has been issued an Illinois non‑resident CDL and drives a commercial motor vehicle in violation of a law or local ordinance of any State relating to motor vehicle traffic control (other than parking violations) in this or any other state, shall notify such person's employer of such violation within 30 days after the date such person is convicted of such offense.
    In the event such person is a "common carrier of property by motor vehicle", as defined in Section 18c‑1104 of this Code, such person shall notify the principal lessor of such within 30 days after the date such person is convicted of the violation. However, if such person is an independent contractor or owner operator, such report shall be kept at the principal place of business and available during normal office hours for inspection and auditing purposes by an authorized agency.
(Source: P.A. 86‑845.)

    (625 ILCS 5/6‑504) (from Ch. 95 1/2, par. 6‑504)
    Sec. 6‑504. Commercial motor vehicle drivers ‑ other reporting requirements. All drivers of commercial motor vehicles licensed or domiciled in Illinois:
    (1) who have their driving privileges suspended, revoked or cancelled by any state; or
    (2) who lose their privilege to operate a commercial motor vehicle in any state for any period; or
    (3) who are disqualified from driving a commercial motor vehicle for any period; or
    (4) who are placed "out‑of‑service" pursuant to Section 6‑515;
shall notify: (i) their employer of such suspension, revocation, cancellation, lost right, disqualification, or "out‑of‑service" action before the end of the business day following the day the driver received notice of such action; and within 30 days after the effective date of such action.
    (ii) the Secretary of State of any such out‑of‑state suspension, revocation, cancellation, lost right, disqualification, or "out‑of‑service" action within 30 days after the effective date of such action.
(Source: P.A. 86‑845.)

    (625 ILCS 5/6‑505) (from Ch. 95 1/2, par. 6‑505)
    Sec. 6‑505. Commercial motor vehicle driver ‑ duty to report certain previous employment to potential employer. Each person who applies for employment as a driver of a commercial motor vehicle, with any employer, shall notify such potential employer at the time of such application of any and all previous employment for the last 10 years, as a driver of a commercial motor vehicle including, but not necessarily limited to, the dates between which the applicant drove for each employer, the reason for leaving each such employment and the information contained in the notification requirements of Section 6‑504.
(Source: P.A. 86‑845.)

    (625 ILCS 5/6‑506)(from Ch. 95 1/2, par. 6‑506)
    Sec. 6‑506. Commercial motor vehicle driver ‑ employer/owner responsibilities.
    (a) No employer or commercial motor vehicle owner shall knowingly allow, permit, authorize, or require an employee to drive a commercial motor vehicle on the highways during any period in which such employee:
        (1) has a driver's license suspended, revoked or
     cancelled by any state; or
        (2) has lost the privilege to drive a commercial
     motor vehicle in any state; or
        (3) has been disqualified from driving a commercial
     motor vehicle; or
        (4) has more than one driver's license, except as
     provided by this UCDLA; or
        (5) is subject to or in violation of an
     "out‑of‑service" order.
    (b) No employer or commercial motor vehicle owner shall knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle in violation of any law or regulation pertaining to railroad‑highway grade crossings.
    (b‑3) No employer or commercial motor vehicle owner shall knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle during any period in which the commercial motor vehicle is subject to an "out‑of‑service" order.
    (b‑5) No employer or commercial motor vehicle owner shall knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle during any period in which the motor carrier operation is subject to an "out‑of‑service" order.
    (c) Any employer convicted of violating subsection (a), (b‑3), or (b‑5) of this Section, whether individually or in connection with one or more other persons, or as principal agent, or accessory, shall be guilty of a Class A misdemeanor.
(Source: P.A. 95‑382, eff. 8‑23‑07.)

    (625 ILCS 5/6‑507)(from Ch. 95 1/2, par. 6‑507)
    Sec. 6‑507. Commercial Driver's License (CDL) Required.
    (a) Except as expressly permitted by this UCDLA, or when driving pursuant to the issuance of a commercial driver instruction permit and accompanied by the holder of a CDL valid for the vehicle being driven; no person shall drive a commercial motor vehicle on the highways without:
        (1) a CDL in the driver's possession;
        (2) having obtained a CDL; or
        (3) the proper class of CDL or endorsements or both
     for the specific vehicle group being operated or for the passengers or type of cargo being transported.
    (b) Except as otherwise provided by this Code, no person may drive a commercial motor vehicle on the highways while such person's driving privilege, license, or permit is:
        (1) Suspended, revoked, cancelled, or subject to
     disqualification. Any person convicted of violating this provision or a similar provision of this or any other state shall have their driving privileges revoked under paragraph 12 of subsection (a) of Section 6‑205 of this Code.
        (2) Subject to or in violation of an
     "out‑of‑service" order. Any person who has been issued a CDL and is convicted of violating this provision or a similar provision of any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6‑514 of this Code.
        (3) Subject to or in violation of a driver or
     vehicle "out of service" order while operating a vehicle designed to transport 16 or more passengers, including the driver, or transporting hazardous materials required to be placarded. Any person who has been issued a CDL and is convicted of violating this provision or a similar provision of this or any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6‑514 of this Code.
    (b‑3) Except as otherwise provided by this Code, no person may drive a commercial motor vehicle on the highways during a period which the commercial motor vehicle or the motor carrier operation is subject to an "out‑of‑service" order. Any person who is convicted of violating this provision or a similar provision of any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6‑514 of this Code.
    (b‑5) Except as otherwise provided by this Code, no person may transport passengers or hazardous materials during a period in which the commercial motor vehicle or the motor carrier operation is subject to an "out‑of‑service" order. Any person who is convicted of violating this provision or a similar provision of any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6‑514 of this Code.
    (c) Pursuant to the options provided to the States by FHWA Docket No. MC‑88‑8, the driver of any motor vehicle controlled or operated by or for a farmer is waived from the requirements of this Section, when such motor vehicle is being used to transport: agricultural products; implements of husbandry; or farm supplies; to and from a farm, as long as such movement is not over 150 air miles from the originating farm. This waiver does not apply to the driver of any motor vehicle being used in a common or contract carrier type operation. However, for those drivers of any truck‑tractor semitrailer combination or combinations registered under subsection (c) of Section 3‑815 of this Code, this waiver shall apply only when the driver is a farmer or a member of the farmer's family and the driver is 21 years of age or more and has successfully completed any tests the Secretary of State deems necessary.
    In addition, the farmer or a member of the farmer's family who operates a truck‑tractor semitrailer combination or combinations pursuant to this waiver shall be granted all of the rights and shall be subject to all of the duties and restrictions with respect to Sections 6‑514 and 6‑515 of this Code applicable to the driver who possesses a commercial driver's license issued under this Code, except that the driver shall not be subject to any additional duties or restrictions contained in Part 382 of the Federal Motor Carrier Safety Regulations that are not otherwise imposed under Section 6‑514 or 6‑515 of this Code.
    For purposes of this subsection (c), a member of the farmer's family is a natural or in‑law spouse, child, parent, or sibling.
    (c‑5) An employee of a township or road district with a population of less than 3,000 operating a vehicle within the boundaries of the township or road district for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting is waived from the requirements of this Section when the employee is needed to operate the vehicle because the employee of the township or road district who ordinarily operates the vehicle and who has a commercial driver's license is unable to operate the vehicle or is in need of additional assistance due to a snow emergency.
    (c‑10) A driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency is waived from the requirements of this Section if such requirements would prevent the driver from responding to an emergency condition requiring immediate response as defined in 49 C.F.R. Part 390.5.
    (d) Any person convicted of violating this Section, shall be guilty of a Class A misdemeanor.
    (e) Any person convicted of violating paragraph (1) of subsection (b) of this Section, shall have all driving privileges revoked by the Secretary of State.
    (f) This Section shall not apply to:
        (1) A person who currently holds a valid Illinois
     driver's license, for the type of vehicle being operated, until the expiration of such license or April 1, 1992, whichever is earlier; or
        (2) A non‑Illinois domiciliary who is properly
     licensed in another State, until April 1, 1992. A non‑Illinois domiciliary, if such domiciliary is properly licensed in another State or foreign jurisdiction, until April 1, 1992.
(Source: P.A. 95‑382, eff. 8‑23‑07; 96‑544, eff. 1‑1‑10.)

    (625 ILCS 5/6‑508)(from Ch. 95 1/2, par. 6‑508)
    Sec. 6‑508. Commercial Driver's License (CDL) ‑ qualification standards.
    (a) Testing.
        (1) General. No person shall be issued an original