Is it possible to get a hardship permit on a suspension due to not having proof of insurance?
Full Question:
Is it possible to get a hardship permit on a suspension due to not having proof of insurance?
04/03/2009 |
Category: Drivers Lice... » Drivers Hard... |
State: Illinois |
#15875
Answer:
A driver must petition the court for a hardship permit. A hearing will be held and the petitioner must demonstrate that no alternative means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare. It will be a matter of subjective determination for the court to determine whether undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue the restricted driving permit.
Please see the following IL statutes to determine applicability:
Sec. 6-205. Mandatory revocation of license or permit; Hardship cases.
(a) Except as provided in this Section, the Secretary of State shall
immediately revoke the license, permit, or driving privileges of any driver
upon receiving a report of the driver's conviction of any of the following
offenses:
1. Reckless homicide resulting from the operation of a motor vehicle;
2. Violation of Section 11-501 of this Code or a similar provision of a
local ordinance relating to the offense of operating or being in physical
control of a vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any combination thereof;
3. Any felony under the laws of any State or the federal government in
the commission of which a motor vehicle was used;
4. Violation of Section 11-401 of this Code relating to the offense of
leaving the scene of a traffic accident involving death or personal injury;
5. Perjury or the making of a false affidavit or statement under oath to
the Secretary of State under this Code or under any other law relating to
the ownership or operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section 11-503 of this Code
relating to the offense of reckless driving committed within a period of 12
months;
7. Conviction of any offense defined in Section 4-102 of this Code;
8. Violation of Section 11-504 of this Code relating to the offense of
drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of 1961 arising from
the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code relating to aggravated
fleeing or attempting to elude a peace officer;
12. Violation of paragraph (1) of subsection (b) of Section 6-507, or a
similar law of any other state, relating to the unlawful operation of a
commercial motor vehicle;
13. Violation of paragraph (a) of Section 11-502 of this Code or a
similar provision of a local ordinance if the driver has been previously
convicted of a violation of that Section or a similar provision of a
local ordinance and the driver was less than 21 years of age at the time
of the offense;
14. Violation of Section 11-506 of this Code or a similar provision of a
local ordinance relating to the offense of street racing.
(b) The Secretary of State shall also immediately revoke the license or
permit of any driver in the following situations:
1. Of any minor upon receiving the notice provided for in Section 5-901
of the Juvenile Court Act of 1987 that the minor has been adjudicated
under that Act as having committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State requires either the
revocation or suspension of a license or permit;
3. Of any person adjudicated under the Juvenile Court Act of 1987 based
on an offense determined to have been committed in furtherance of the
criminal activities of an organized gang as provided in Section 5-710 of
that Act, and that involved the operation or use of a motor vehicle or the
use of a driver's license or permit. The revocation shall remain in effect
for the period determined by the court. Upon the direction of the court,
the Secretary shall issue the person a judicial driving permit, also known
as a JDP. The JDP shall be subject to the same terms as a JDP issued under
Section 6-206.1, except that the court may direct that a JDP issued under
this subdivision (b)(3) be effective immediately.
(c)
(1) Except as provided in subsection (c-5), whenever a person is
convicted of any of the offenses enumerated in this Section, the court
may recommend and the Secretary of State in his discretion, without
regard to whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit granting the
privilege of driving a motor vehicle between the petitioner's residence
and petitioner's place of employment or within the scope of the
petitioner's employment related duties, or to allow transportation for the
petitioner or a household member of the petitioner's family for the
receipt of necessary medical care or, provide transportation for the
petitioner to and from alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or for the petitioner to
attend classes, as a student, in an accredited educational institution;
if the petitioner is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner will not
endanger the public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship, as defined by
the rules of the Secretary of State, would result from a failure to issue
the restricted driving permit. Those multiple offenders identified in
subdivision (b)4 of Section 6-208 of this Code, however, shall not be
eligible for the issuance of a restricted driving permit.
(2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses, arising out of
separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or suspended 2 or more
times within a 10 year period due to any combination of:
(i)(A) a single conviction of violating Section 11-501 of this Code or a
similar provision of a local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a similar
out-of-state offense; or
(ii)(B) a statutory summary suspension under Section 11-501.1; or
(iii)(C) a suspension pursuant to Section 6-203.1; ,arising out of separate occurrences;, or
(B)if a person has been convicted of one violation of Section 6-303 of
this Code committed while his or her driver's license, permit, or
privilege was revoked because of a violation of Section 9-3 of the
Criminal Code of 1961, relating to the offense of reckless homicide, or a
similar provision of a law of another state, that person, if issued a
restricted driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in Section
1-129.1.
(4) The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month. The Secretary
shall establish by rule the amount and the procedures, terms, and
conditions relating to these fees.
(5) If the restricted driving permit
is issued for employment purposes, then the prohibition against operating
a motor vehicle that is not equipped with an ignition interlock device
does not apply to the operation of an occupational vehicle owned or
leased by that person's employer when used solely for employment
purposes.
(6) In each case the Secretary of State may issue a restricted
driving permit for a period he deems appropriate, except that the permit
shall expire within one year from the date of issuance. The Secretary may
not, however, issue a restricted driving permit to any person whose
current revocation is the result of a second or subsequent conviction for
a violation of Section 11-501 of this Code or a similar provision of a
local ordinance or any similar out-of-state offense, or Section 9-3 of
the Criminal Code of 1961, where the use of alcohol or other drugs is
recited as an element of the offense, or any similar out-of-state
offense, or any combination of these offenses, until the expiration of at
least one year from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the movement of
traffic shall be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The Secretary of State
may, as a condition to the issuance of a restricted driving permit,
require the petitioner to participate in a designated driver remedial or
rehabilitative program. The Secretary of State is authorized to cancel a
restricted driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving privileges have
been revoked in accordance with paragraph 13 of subsection (a) of this
Section, no restricted driving permit shall be issued until the
individual has served 6 months of the revocation period.
(c-5) The Secretary may not issue a restricted driving permit to any
person who has been convicted of a second or subsequent violation of
Section 6-303 of this Code committed while his or her driver's license,
permit, or privilege was revoked because of a violation of Section 9-3 of
the Criminal Code of 1961, relating to the offense of reckless homicide,
or a similar provision of a law of another state.
(d)
(1) Whenever a person under the age of 21 is convicted under Section
11-501 of this Code or a similar provision of a local ordinance, or a
similar out-of-state offense, the Secretary of State shall revoke the
driving privileges of that person. One year after the date of
revocation, and upon application, the Secretary of State may, if
satisfied that the person applying will not endanger the public safety or
welfare, issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9 p.m. or as
otherwise provided by this Section for a period of one year. After this
one year period, and upon reapplication for a license as provided in
Section 6-106, upon payment of the appropriate reinstatement fee provided
under paragraph (b) of Section 6-118, the Secretary of State, in his
discretion, may reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many times as the
Secretary of State deems appropriate, by additional periods of not more
than months each.
(2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses, arising out of
separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or suspended 2 or more
times within a 10 year period due to any combination of:
(A) a single conviction of violating Section 11-501 of this Code or a
similar provision of a local ordinance or a similar out-of-state
offense, or Section 9-3 of the Criminal Code of 1961, where the use of
alcohol or other drugs is recited as an element of the offense, or a
similar out-of-state offense; or
(B) a statutory summary suspension under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1, arising out of separate
occurrences, that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(4) The person must pay to the Secretary of State DUI Administration
Fund an amount not to exceed $20 per month. The Secretary shall establish
by rule the amount and the procedures, terms, and conditions relating to
these fees.
(5) If the restricted driving permit is issued for employment
purposes, then the prohibition against driving a vehicle that is not
equipped with an ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes.
(6) A restricted driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the Secretary of
State in like manner and for like cause as a driver's license issued under
this Code may be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or ordinances regulating
the movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving privileges of a
person convicted of a third or subsequent violation of Section 6-303 of
this Code committed while his or her driver's license, permit, or
privilege was revoked because of a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless homicide, or a similar
provision of a law of another state, is permanent. The Secretary may not,
at any time, issue a license or permit to that person.
(e) This Section is subject to the provisions of the Driver License
Compact.
(f) Any revocation imposed upon any person under subsections 2 and 3 of
paragraph (b) that is in effect on December 31, 1988 shall be converted to a
suspension for a like period of time.
(g) The Secretary of State shall not issue a restricted driving permit
to a person under the age of 16 years whose driving privileges have been
revoked under any provisions of this Code.
(h) The Secretary of State shall require the use of ignition interlock
devices on all vehicles owned by an individual who has been convicted of
a second or subsequent offense under Section 11-501 of this Code or a
similar provision of a local ordinance. The Secretary shall establish by
rule and regulation the procedures for certification and use of the
interlock system.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of State may not
issue a restricted driving permit for the operation of a commercial motor
vehicle to a person holding a CDL whose driving privileges have been
revoked, suspended, cancelled, or disqualified under any provisions of
this Code.
(Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; 95-337, eff.
6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08;
revised 11-16-07.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
(Text of Section before amendment by P.A. 95-400 and 95-627)
Sec. 6-206. Discretionary authority to suspend or revoke license or
permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or revoke the driving
privileges of any person without preliminary hearing upon a showing of the
person's records or other sufficient evidence that the person:
1. Has committed an offense for which mandatory revocation of a driver's
license or permit is required upon conviction;
2. Has been convicted of not less than 3 offenses against traffic
regulations governing the movement of vehicles committed within any 12
month period. No revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor vehicle collisions
or has been repeatedly convicted of offenses against laws and ordinances
regulating the movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the safe operation of
a motor vehicle or disrespect for the traffic laws and the safety of
other persons upon the highway;
4. Has by the unlawful operation of a motor vehicle caused or
contributed to an accident resulting in death or injury requiring
immediate professional treatment in a medical facility or doctor's office
to any person, except that any suspension or revocation imposed by the
Secretary of State under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a law or ordinance
regulating the movement of traffic, which violation is related to the
accident, or shall start not more than one year after the date of the
accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a driver's license,
identification card, or permit;
6. Has been lawfully convicted of an offense or offenses in another
state, including the authorization contained in Section 6-203.1, which if
committed within this State would be grounds for suspension or
revocation;
7. Has refused or failed to submit to an examination provided for by
Section 6-207 or has failed to pass the examination;
8. Is ineligible for a driver's license or permit under the provisions of
Section 6-103;
9. Has made a false statement or knowingly concealed a material fact or
has used false information or identification in any application for a
license, identification card, or permit;
10. Has possessed, displayed, or attempted to fraudulently use any
license, identification card, or permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this State when the
person's driving privilege or privilege to obtain a driver's license or
permit was revoked or suspended unless the operation was authorized by a
judicial driving permit, probationary license to drive, or a restricted
driving permit issued under this Code;
12. Has submitted to any portion of the application process for another
person or has obtained the services of another person to submit to any
portion of the application process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this State when the
person's driver's license or permit was invalid under the provisions of
Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301, 6-301.1, or 6-301.2 of
this Act, or Section 14, 14A, or 14B of the Illinois Identification Card
Act;
15. Has been convicted of violating Section 21-2 of the Criminal Code
of 1961 relating to criminal trespass to vehicles in which case, the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of this Code relating
to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as required under
Section 11-501.1 of this Code and the person has not sought a hearing as
provided for in Section 11-501.1;
18. Has, since issuance of a driver's license or permit, been adjudged to
be afflicted with or suffering from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b) of Section 6-101
relating to driving without a driver's license;
20. Has been convicted of violating Section 6-104 relating to
classification of driver's license;
21. Has been convicted of violating Section 11-402 of this Code relating
to leaving the scene of an accident resulting in damage to a vehicle in
excess of $1,000, in which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of the Criminal Code of 1961
relating to unlawful use of weapons, in which case the suspension shall
be for one year;
23. Has, as a driver, been convicted of committing a violation of
paragraph (a) of Section 11-502 of this Code for a second or subsequent time
within one year of a similar violation;
24. Has been convicted by a court-martial or punished by non-judicial
punishment by military authorities of the United States at a military
installation in Illinois of or for a traffic related offense that is the
same as or similar to an offense specified under Section 6-205 or 6-206 of
this Code;
25. Has permitted any form of identification to be used by another in the
application process in order to obtain or attempt to obtain a license,
identification card, or permit;
26. Has altered or attempted to alter a license or has possessed an
altered license, identification card, or permit;
27. Has violated Section 6-16 of the Liquor Control Act of 1934;
28. Has been convicted of the illegal possession, while operating or in
actual physical control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the Illinois Controlled Substances
Act, any cannabis prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine Control and Community
Protection Act, in which case the person's driving privileges shall be
suspended for one year, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance prohibited under
the Illinois Controlled Substances Act, any cannabis prohibited under the
Cannabis Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act shall be suspended
for 5 years. Any defendant found guilty of this offense while operating a
motor vehicle, shall have an entry made in the court record by the
presiding judge that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the court to report the
violation to the Secretary of State;
29. Has been convicted of the following offenses that were committed
while the person was operating or in actual physical control, as a
driver, of a motor vehicle: criminal sexual assault, predatory criminal
sexual assault of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute and the manufacture, sale or delivery
of controlled substances or instruments used for illegal drug use or abuse
in which case the driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for any combination of
the offenses named in paragraph 29 of this subsection, in which case the
person's driving privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by Section 11-501.6 or
has submitted to a test resulting in an alcohol concentration of 0.08 or
more or any amount of a drug, substance, or compound resulting from the
unlawful use or consumption of cannabis as listed in the Cannabis Control
Act, a controlled substance as listed in the Illinois Controlled
Substances Act, an intoxicating compound as listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the Criminal Code of 1961
relating to the aggravated discharge of a firearm if the offender was
located in a motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age on the date of the
offense, been convicted a first time of a violation of paragraph (a) of
Section 11-502 of this Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of this Code;
35. Has committed a violation of Section 11-1301.6 of this Code;
36. Is under the age of 21 years at the time of arrest and has been
convicted of not less than 2 offenses against traffic regulations
governing the movement of vehicles committed within any 24 month period.
No revocation or suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of Section 11-907 of this
Code;
38. Has been convicted of a violation of Section 6-20 of the Liquor
Control Act of 1934 or a similar provision of a local ordinance;
39. Has committed a second or subsequent violation of Section 11-1201 of
this Code;
40. Has committed a violation of subsection (a-1) of Section 11-908 of
this Code;
41. Has committed a second or subsequent violation of Section 11-605.1
of this Code within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of Section 11-1301.3 of
this Code; or
43. Has received a disposition of court supervision for a violation of
subsection (a), (d), or (e) of Section 6-20 of the Liquor Control Act of
1934 or a similar provision of a local ordinance, in which case the
suspension shall be for a period of 3 months; or.
44.43. Is under the age of 21 years at the time of arrest and has been
convicted of an offense against traffic regulations governing the movement
of vehicles after having previously had his or her driving privilegesbeen
suspended or revoked pursuant to subparagraph 36 of this Section.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this
subsection, license means any driver's license, any traffic ticket issued
when the person's driver's license is deposited in lieu of bail, a
suspension notice issued by the Secretary of State, a duplicate or
corrected driver's license, a probationary driver's license or a temporary
driver's license.
(b) If any conviction forming the basis of a suspension or revocation
authorized under this Section is appealed, the Secretary of State may
rescind or withhold the entry of the order of suspension or revocation, as
the case may be, provided that a certified copy of a stay order of a court
is filed with the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the time the
original judgment of conviction was entered and the 6 month limitation
prescribed shall not apply.
(c)
1. Upon suspending or revoking the driver's license or permit of any
person as authorized in this Section, the Secretary of State shall
immediately notify the person in writing of the revocation or suspension.
The notice to be deposited in the United States mail, postage prepaid, to
the last known address of the person.
2. If the Secretary of State suspends the driver's license of a person
under subsection 2 of paragraph (a) of this Section, a person's privilege
to operate a vehicle as an occupation shall not be suspended, provided an
affidavit is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while operating a
commercial vehicle in connection with the driver's regular occupation.
All other driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for occupational purposes
only must submit the affidavit on forms to be provided by the Secretary
of State setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular occupation.
The affidavit shall be accompanied by the driver's license. Upon receipt
of a properly completed affidavit, the Secretary of State shall issue the
driver a permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the Secretary of
State prior to the date of suspension, the privilege to drive any motor
vehicle shall be suspended as set forth in the notice that was mailed
under this Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to any driver
required to possess a CDL for the purpose of operating a commercial motor
vehicle.
Any person who falsely states any fact in the affidavit required herein
shall be guilty of perjury under Section 6-302 and upon conviction thereof
shall have all driving privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of this Code, the
Secretary of State shall either rescind or continue an order of revocation
or shall substitute an order of suspension; or, good cause appearing
therefor, rescind, continue, change, or extend the order of suspension. If
the Secretary of State does not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue a restricted driving permit
granting the privilege of driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within the scope of his
employment related duties, or to allow transportation for the petitioner,
or a household member of the petitioner's family, to receive necessary
medical care and if the professional evaluation indicates, provide
transportation for alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate that no alternative
means of transportation is reasonably available and the petitioner will
not endanger the public safety or welfare.
If a person's license or permit has been revoked or suspended due to 2
or more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, arising
out of separate occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
If a person's license or permit has been revoked or suspended 2 or more
times within a 10 year period due to a single conviction of violating
Section 11-501 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary suspensions, or
combination of 2 offenses, or of an offense and a statutory summary
suspension, arising out of separate occurrences, that person, if issued a
restricted driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI Administration
Fund an amount not to exceed $20 per month. The Secretary shall establish
by rule the amount and the procedures, terms, and conditions relating to
these fees. If the restricted driving permit was issued for employment
purposes, then this provision does not apply to the operation of an
occupational vehicle owned or leased by that person's employer. In each
case the Secretary may issue a restricted driving permit for a period
deemed appropriate, except that all permits shall expire within one year
from the date of issuance. The Secretary may not, however, issue a
restricted driving permit to any person whose current revocation is the
result of a second or subsequent conviction for a violation of Section
11-501 of this Code or a similar provision of a local ordinance relating
to the offense of operating or being in physical control of a motor
vehicle while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any similar out-of-state offense,
or any combination of those offenses, until the expiration of at least
one year from the date of the revocation. A restricted driving permit
issued under this Section shall be subject to cancellation, revocation,
and suspension by the Secretary of State in like manner and for like
cause as a driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or more offenses
against laws or ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or cancellation
of a restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit, require the
applicant to participate in a designated driver remedial or rehabilitative
program. The Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully complete the
program.
(c-3) In the case of a suspension under paragraph 43 of subsection (a),
reports received by the Secretary of State under this Section shall, except
during the actual time the suspension is in effect, be privileged
information and for use only by the courts, police officers, prosecuting
authorities, the driver licensing administrator of any other state, or the
Secretary of State. However, beginning January 1, 2008, if the person is a
CDL holder, the suspension shall also be made available to the driver
licensing administrator of any other state, the U.S. Department of
Transportation, and the affected driver or motor carrier or prospective
motor carrier upon request.
(c-4) In the case of a suspension under paragraph 43 of subsection (a),
the Secretary of State shall notify the person by mail that his or her
driving privileges and driver's license will be suspended one month after
the date of the mailing of the notice.
(c-5) The Secretary of State may, as a condition of the reissuance of a
driver's license or permit to an applicant whose driver's license or
permit has been suspended before he or she reached the age of 18 years
pursuant to any of the provisions of this Section, require the applicant
to participate in a driver remedial education course and be retested
under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the Drivers License
Compact.
(e) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been
suspended or revoked under any provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of State may not
issue a restricted driving permit for the operation of a commercial motor
vehicle to a person holding a CDL whose driving privileges have been
suspended, revoked, cancelled, or disqualified under any provisions of
this Code.
