Illinois Administrative Code

Section 1030.92 Restrictions a) A driver services facility representative has the authority to determine license restrictions. No restriction will be added to a driver's license until the driving test, if required, is given unless the restriction is due to a vision or hearing def…

Section 1030.93 Restricted Local Licenses a) An applicant for a restricted local license shall reside in a locality with a population of 3500 or less. The initial application for a restricted local license must be accompanied by a special restricted license request form. The requ…

Section 1030.94 Duplicate or Corrected Driver's License or Instruction Permit a) A duplicate driver's license or instruction permit shall be issued by the Department when a driver's license or instruction permit has been lost, stolen, or mutilated. b) Upon an applicant's request …

Section 1030.95 Consular Licenses (Repealed) (Source: Repealed at 29 Ill. Reg. 920, effective January 1, 2005)

Section 1030.96 Seasonal Restricted Commercial Driver's License a) In order to be eligible for a seasonal restricted CDL, the driver applicant must meet the following standards: 1) The driver applicant must be employed by one or more of the following farm-related services: A) Far…

Section 1030.97 Invalidation of a Driver's License, Permit and/or Driving Privilege a) The Department shall invalidate a driver's license, permit and/or driving privileges: 1) When the holder voluntarily surrenders the license or permit and declares the intention to do so in writ…

Section 1030.98 School Bus Endorsement or Learner's Permit a) In order to obtain a CDL with an "S" endorsement, the driver applicant must: 1) be eligible and have applied for an Illinois school bus permit pursuant to IVC Section 6-106.1 and 92 Ill. Adm. Code 1035; 2) pass the req…

Section 1030.APPENDIX B Acceptable Identification Documents – Applicants for a Standard Identification Card, Driver's License, or Instruction Permit Any document submitted to the Secretary in a language other than English must be accompanied by a full English translation certifie…

Section 1035.10 Definitions For purposes of this Part, the following definitions shall apply: "Active Duty" – active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor (IVC Section 6-…

Section 1035.15 Requirements of Applicants for a School Bus Driver Permit In order for the Secretary of State to issue a school bus driver permit, all applicants must: a) be 21 years of age or older; b) possess a valid and properly classified driver's license issued by the Secret…

Section 1035.20 Annual Medical Examination and Certificate a) All applicants for a school bus driver permit must demonstrate physical fitness to operate a school bus by undergoing a medical examination, including tests for drug and alcohol use, conducted by a medical examiner wit…

Section 1035.25 Permit Application Process a) Each applicant for a school bus driver permit must first successfully complete a pre-employment interview with the prospective employer to determine the acceptability of the applicant in terms of the requirements of this Part and thos…

Section 1035.30 Training a) The initial course and annual refresher training courses are required for each school bus driver permit holder and shall be: 1) Approved by the Secretary of State and the agency or organization conducting the course; 2) Taught by an instructor certifie…

Section 1035.32 Random Drug Testing for Alcohol and Controlled Substances School bus driver permit holders who also hold a CDL are subject to random testing for alcohol and controlled substances. This testing must conform to 49 CFR 382.305 (2008). (Source: Added at 33 Ill. Reg. 1…

Section 1035.35 Denial, Cancellation, or Suspension of a School Bus Driver Permit a) The Secretary of State shall deny or cancel a school bus driver permit of an applicant: 1) whose criminal background investigation discloses that he or she is not in compliance with any of the pr…

Section 1035.40 Notice a) The Secretary of State shall immediately notify in writing the State Superintendent of Education and the permit holder's prospective or current employer that the applicant: 1) has failed an FBI criminal background investigation; or 2) is no longer eligib…

Section 1035.45 Employer Responsibility It shall be the responsibility of a prospective or current employer of an applicant or holder of a school bus driver permit to: a) conduct a pre-employment interview with the prospective school bus driver applicant; b) distribute school bus…

Section 1035.46 Military Deferrals a) Any school bus permit holder who is a service member called to active duty and who wishes to defer the expiration of his or her school bus permit must provide his or her employer with a copy of his or her military order. b) Within 30 days aft…

Section 1035.50 Hearings a) The Secretary of State shall conduct a hearing pursuant to IVC Section 2-118 upon the request of an applicant or holder whose school bus driver permit has been denied, canceled or suspended. b) The petition requesting a hearing shall be in writing and …

Section 1035.APPENDIX A School Bus Driver Permit Medical Examiner's Certificate Part A Medical Examiner's Preliminary Certification NOTE: The medical examiner shall provide one completed and signed certificate to the applicant. A copy of the completed and signed certificate is to…

Section 1040.1 Definitions Unless otherwise noted, the following definitions shall apply to this Part. "Alcohol Related Suspension" – a suspension in accordance with IVC Sections 6‑206(a)(6), (a)(17), (a)(23) and (a)(33), 11-501.1, 11-501.6 (only when the driver has a positive te…

Section 1040.10 Court to Forward Licenses and Reports of Convictions a) The Secretary of State, in order to fully utilize conviction reports filed with the Office by the courts of this State and other states, shall promulgate a point system as a standard in determining whether to…

Section 1040.100 Rescissions a) The Department shall rescind the following orders when the specified criteria are met: 1) Suspensions, revocations, disqualifications and denials of driver's license and/or driving privileges, except warrant parking/traffic suspensions, failure to …

Section 1040.101 Reinstatement Fees a) The fee collected by the Department for reinstatement of a driver's license following a suspension or revocation shall be as prescribed by IVC Section 6-118(b). b) The Department shall collect one fee for each suspension and revocation ident…

Section 1040.102 Bankruptcy Rule for Suspensions, Cancellations, Failure to Pay, Returned Check and Dishonored Electronic Payment Actions a) If a debtor's driving privileges have been or will be suspended for a parking suspension pursuant to IVC Section 6-306.5, and if the parkin…

Section 1040.105 Suspension for Five or More Tollway Violations and/or Evasions (Repealed) (Source: Repealed at 45 Ill. Reg. 755, effective December 23, 2020)

Section 1040.107 Suspension for Violation of Improperly Approaching a Stationary Emergency Vehicle a) If the Department receives a conviction for IVC Section 11-907(c), the Department will take the following action: ACTION TABLE Convictions Action Conviction with an arrest date p…

Section 1040.108 Suspension for Failure to Make Report of Vehicle Crash Violations a) A person who is convicted of violating IVC Section 11-406 for failure to make a report of a vehicle crash shall have his/her driving privileges suspended by the Department. b) When considering p…

Section 1040.109 Suspension for Two or More Convictions for Railroad Crossing Violations An individual who has two or more convictions for violating IVC Section 11-1201 shall have his/her driving privileges suspended by the Department in accordance with IVC Section 6-206(a)(39). …

Section 1040.110 Bribery a) The Department shall, pursuant to IVC Section 6-103(16), deny for a period of 120 consecutive days the issuance of a driver's license and/or permit to any person who, with intent to influence any act related to the issuance of any driver's license or p…

Section 1040.111 Suspension for Failure to Yield upon Entering a Construction or Maintenance Zone when Workers Are Present a) If the Department receives notice of a conviction for a violation of IVC Section 11-908(a-1) that resulted in damage to the property of another person, th…

Section 1040.115 Suspension for Theft of Motor Fuel (Repealed) (Source: Repealed at 45 Ill. Reg. 755, effective December 23, 2020)

Section 1040.116 Discretionary Suspension/Revocation; Committing Perjury; Submitting False/Fraudulent Documents; Notification by Department of Administrative Hearings a) The Department of Administrative Hearings, whenever it has clear and convincing evidence that a person committ…

Section 1040.117 Suspension for Concealment or Obstruction of Registration to Hinder Law Enforcement a) A person who has been convicted of a violation of IVC Section 3-413(j) shall have his/her driving privileges suspended by the Department. b) Upon notice of conviction, the Depa…

Section 1040.20 Illinois Offense Table a) The conviction report furnished to the Driver Services Department by the court when a person was convicted of a traffic violation will be entered upon the driving record by classification (Type Action) and used as a source of information.…

Section 1040.25 Suspension or Revocation for Driving Without a Valid Driver's License a) When considering prior convictions, only convictions for driving without a valid driver's license within seven years prior to the arrest date of the incoming conviction shall be considered. b…

Section 1040.28 Suspension or Revocation for Traffic Offense Committed by a Person Under the Age of 21 Years After a Prior Suspension Under Part 1040.29 When a person has been convicted of a point assigned traffic violation and the arrest date was prior to the age of 21, the Depa…

Section 1040.29 Suspension or Revocation for Two or More Traffic Offenses Committed Within 24 Months by a Person Under the Age of 21 A person who has been convicted of two or more points assigned traffic offenses, as listed in Section 1040.20 (Type Action 87, 97 or 99), excluding…

Section 1040.30 Suspension or Revocation for Three or More Traffic Offenses Committed Within 12 Months A person who has been convicted of three or more points assigned traffic offenses as listed in Section 1040.20 (Type Action 97 or 99), excluding any conviction previously used a…

Section 1040.31 Operating a Motor Vehicle During a Period of Suspension or Revocation 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…

Section 1040.32 Suspension or Revocation of Driver's Licenses, Permits or Identification Cards Used Fraudulently a) The Secretary of State has discretionary authority to suspend or revoke the driving privileges of any person upon receipt of evidence that the person has committed …

Section 1040.33 Suspension or Revocation of Driver's Licenses/Permits for Fictitious or Unlawfully Altered Disability License Plate or Parking Decal or Device or Fraudulent Disability License Plate or Parking Decal or Device a) The Secretary of State has discretionary authority t…

Section 1040.34 Suspension or Revocation for Conviction for Possession/Consumption of Alcohol for Persons Under Age 21 If any person has been convicted of violating Section 6-20(a), (d) or (e) of the Liquor Control Act of 1934 [235 ILCS 5], and the person was an occupant of a mot…

Section 1040.35 Administrative Revocation for Commission of an Offense Requiring Mandatory Revocation Upon Conviction, and Suspension or Revocation Based Upon a Local Ordinance Conviction a) Local ordinance conviction. A person who has been convicted of a local ordinance violatio…

Section 1040.36 Suspension for Violation of Restrictions on Driver's License a) A person who is convicted of operating a motor vehicle in violation of the restrictions imposed on a driver's license shall have his/her driving privileges suspended by the Department. If a corrected …

Section 1040.37 Suspension for Violation of Restrictions on Instruction Permit a) A person who is convicted of operating a motor vehicle in violation of the restrictions imposed on an instruction permit shall have his/her driving privileges suspended by the Department. If a new d…

Section 1040.38 Commission of a Traffic Offense in Another State a) A person who has been convicted of a traffic offense in another state, that, if committed in this State, would be grounds for mandatory revocation pursuant to IVC Section 6-205 shall have his/her driving privileg…

Section 1040.40 Suspension or Revocation for Repeated Convictions or Collisions a) A person who has been repeatedly involved as a driver in motor vehicle accidents or repeatedly convicted of traffic offenses to a degree that indicates the lack of ability to exercise ordinary and …

Section 1040.41 Suspension of Licenses for Curfew or Nighttime Driving Restriction Violations a) A person who is under the age of 17 years is in violation of IVC Section 6-110(a) or 6-107.1(b) if the minor operates a motor vehicle on any highway during any time the licensee is pr…

Section 1040.42 Suspension or Revocation for Fleeing and Eluding a) A person who has been convicted of fleeing or attempting to elude a peace officer in a motor vehicle shall have his/her driving privileges suspended or revoked by the Department. b) If the driving record contains…