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Public Act 104-0169 |
| HB1226 Enrolled | LRB104 07630 LNS 17674 b |
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AN ACT concerning transportation. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The Illinois Vehicle Code is amended by |
changing Sections 6-109, 6-207, and 6-911 as follows: |
(625 ILCS 5/6-109) |
Sec. 6-109. Examination of applicants. |
(a) The Secretary of State shall examine every applicant |
for a driver's license or permit who has not been previously |
licensed as a driver under the laws of this State or any other |
state or country, or any applicant for renewal of such |
driver's license or permit when such license or permit has |
been expired for more than one year. The Secretary of State |
shall, subject to the provisions of paragraph (c), examine |
every licensed driver at least every 8 years, and may examine |
or re-examine any other applicant or licensed driver, provided |
that during the years 1984 through 1991 those drivers issued a |
license for 3 years may be re-examined not less than every 7 |
years or more than every 10 years. |
The Secretary of State shall require the testing of the |
eyesight of any driver's license or permit applicant who has |
not been previously licensed as a driver under the laws of this |
State and shall promulgate rules and regulations to provide |
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for the orderly administration of all the provisions of this |
Section. |
The Secretary of State shall include at least one test |
question that concerns the provisions of the Pedestrians with |
Disabilities Safety Act in the question pool used for the |
written portion of the driver's license examination within one |
year after July 22, 2010 (the effective date of Public Act |
96-1167). |
The Secretary of State shall include, in the question pool |
used for the written portion of the driver's license |
examination, test questions concerning safe driving in the |
presence of bicycles, of which one may be concerning the Dutch |
Reach method as described in Section 2-112. |
The Secretary of State shall include, in the question pool |
used for the written portion of the driver's license |
examination, at least one test question concerning driver |
responsibilities when approaching a stationary emergency |
vehicle as described in Section 11-907. If an applicant gives |
an incorrect response to a test question concerning subsection |
(c) of Section 11-907, Section 11-907.5, or subsection (a-1) |
of Section 11-908, then the Secretary of State shall provide |
the applicant with information concerning those Sections. |
(b) Except as provided for those applicants in paragraph |
(c), such examination shall include a test of the applicant's |
eyesight, his or her ability to read and understand official |
traffic control devices, his or her knowledge of safe driving |
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practices and the traffic laws of this State, and may include |
an actual demonstration of the applicant's ability to exercise |
ordinary and reasonable control of the operation of a motor |
vehicle, and such further physical and mental examination as |
the Secretary of State finds necessary to determine the |
applicant's fitness to operate a motor vehicle safely on the |
highways, except the examination of an applicant 75 years of |
age or older or, if the Secretary adopts rules under Section 37 |
of the Secretary of State Act to raise the age requirement for |
actual demonstrations, the examination of an applicant who has |
attained that increased age or is older shall include an |
actual demonstration of the applicant's ability to exercise |
ordinary and reasonable control of the operation of a motor |
vehicle. All portions of written and verbal examinations under |
this Section, excepting where the English language appears on |
facsimiles of road signs, may be given in the Spanish language |
and, at the discretion of the Secretary of State, in any other |
language as well as in English upon request of the examinee. |
Deaf persons who are otherwise qualified are not prohibited |
from being issued a license, other than a commercial driver's |
license, under this Code. |
(c) Re-examination for those applicants who at the time of |
renewing their driver's license possess a driving record |
devoid of any convictions of traffic violations or evidence of |
committing an offense for which mandatory revocation would be |
required upon conviction pursuant to Section 6-205 at the time |
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of renewal shall be in a manner prescribed by the Secretary in |
order to determine an applicant's ability to safely operate a |
motor vehicle, except that every applicant for the renewal of |
a driver's license who is 79 75 years of age or older must |
renew in person, and or, if the Secretary adopts rules under |
Section 37 of the Secretary of State Act to raise the age |
requirement for actual demonstrations, every applicant for the |
renewal of a driver's license who is 87 years of age or has |
attained that increased age or is older or who is 75 years of |
age or older and holds a commercial driver's license must |
prove, by an actual demonstration, the applicant's ability to |
exercise reasonable care in the safe operation of a motor |
vehicle. |
(d) In the event the applicant is not ineligible under the |
provisions of Section 6-103 to receive a driver's license, the |
Secretary of State shall make provision for giving an |
examination, either in the county where the applicant resides |
or at a place adjacent thereto reasonably convenient to the |
applicant, within not more than 30 days from the date said |
application is received. |
(e) The Secretary of State may adopt rules regarding the |
use of foreign language interpreters during the application |
and examination process. |
(Source: P.A. 103-140, eff. 6-30-23; 103-680, eff. 1-1-25.) |
(625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207) |
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Sec. 6-207. Secretary of State may require reexamination |
or reissuance of a license. |
(a) The Secretary of State, having good cause to believe |
that a licensed driver or person holding a permit or applying |
for a license or license renewal is incompetent or otherwise |
not qualified to hold a license or permit, may upon written |
notice of at least 5 days to the person require the person to |
submit to an examination, including, but not limited to, a |
physical, mental, or driving examination, as prescribed by the |
Secretary. |
Refusal or neglect of the person to submit an alcohol, |
drug, or intoxicating compound evaluation or submit to or |
failure to successfully complete the examination is grounds |
for suspension of the person's license or permit under Section |
6-206 of this Act or cancellation of his license or permit |
under Section 6-201 of this Act. |
(b) The Secretary of State, having issued a driver's |
license or permit in error, may upon written notice of at least |
5 days to the person, require the person to appear at a Driver |
Services facility to have the license or permit error |
corrected and a new license or permit issued. |
Refusal or neglect of the person to appear is grounds for |
cancellation of the person's license or permit under Section |
6-201 of this Act. |
(c) The Secretary of State, having issued a driver's |
license or permit to a person who subsequently becomes |
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ineligible to retain that license or permit as currently |
issued, may, upon written notice of at least 5 days to the |
person, require the person to appear at a Driver Services |
facility to have the license or permit corrected and a new |
license or permit issued. |
(d) The Secretary of State, having good cause to believe |
that a driver's license or permit was issued based on invalid, |
fictitious, or fraudulent documents, may upon written notice |
of at least 5 days require the person to appear at a Driver |
Services facility to present valid documents for verification |
of identity. Refusal or neglect of the person to appear shall |
result in cancellation of the person's license or permit. |
(e) Under 49 C.F.R. 383.73, if the Secretary of State |
receives credible information that a CLP or CDL was issued and |
fraud was committed relating to the issuance of the CLP or CDL, |
the Secretary shall require the CLP or CDL holder to re-submit |
to all testing required for the issuance of the CLP or CDL |
(written, pre-trip, skills, and road exams). Upon written |
notification by the Secretary, the holder shall have 5 days to |
submit to re-examination. Failure to appear or successfully |
complete the examination shall result in the cancellation of |
the CLP or CDL under Section 6-201 of this Act. |
(f) The Secretary of State may adopt rules to implement |
this Section. |
(Source: P.A. 97-229, eff. 7-28-11; 98-176 (see Section 10 of |
P.A. 98-722 and Section 10 of P.A. 99-414 for the effective |
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date of changes made by P.A. 98-176).) |
(625 ILCS 5/6-911) (from Ch. 95 1/2, par. 6-911) |
Sec. 6-911. Information submitted by medical |
practitioners; police officers; State's attorneys; or members |
of the judiciary; or immediate family members. Any qualified |
medical practitioner, commissioned police officer, State's |
attorney, or member of the judiciary acting in his or her |
official capacity, or immediate family member may submit |
information to the Secretary relative to the medical condition |
of a person, including suspected chronic alcoholism or |
habitual use of narcotics or dangerous drugs, if the condition |
interferes with the person's ability to operate a motor |
vehicle safely. Persons reporting under this Section shall |
enjoy the same immunities granted members of the Board under |
Section 6-910. Information must be submitted in writing in a |
manner and form approved by the Secretary and shall include |
the name of the person submitting the information. The |
Secretary may not accept or act on anonymous reports. The |
information submitted pursuant to this Section is confidential |
under Sections 2-123 and 6-908 of this Code. |
For purposes of this Section, "immediate family member" |
means spouse, parent, grandparent, sibling, or child. |
(Source: P.A. 87-1249.) |
Section 99. Effective date. This Act takes effect July 1, |
2026. |