Section 1001.420 General Provisions Relating to the Issuance of Restricted Driving Permits

Section 1001

Section 1001.420  General

Provisions Relating to the Issuance of Restricted Driving Permits

a)         Burden of Proof.  In every petition for driving relief, the

petitioner must prove, by clear and convincing evidence, that the petitioner

will not endanger the public safety and welfare.

1)         Burden

of Proof; Not Eligible for Reinstatement – Hardship Required.  Petitioners who

are not eligible for reinstatement of driving privileges or whose driving

privileges are suspended at the time of their hearing must prove, by clear and

convincing evidence, that there is no reasonable alternative means of

transportation available, that they will not endanger the public safety and

welfare, and that an undue hardship will result if they are not issued an RDP.

The Secretary of State does not weigh the nature or extent of a petitioner's

hardship against the risk the petitioner poses to the public safety and

welfare.  Rather, the petitioner must first carry the burden of proving that the

petitioner will not endanger the public safety and welfare in order for the

Secretary of State to consider whether the petitioner has an undue hardship.

2)         Burden

of Proof; Eligible for Reinstatement – Hardship Not Required.  The Secretary

reserves the discretion to issue an RDP to petitioners who are eligible for

reinstatement at the time of their hearing, when warranted by the facts and circumstances

reflected in the evidence submitted at the petitioner's hearing, and subject to

the terms and conditions of Sections 1001.430 and 1001.440.

b)         RDP Classifications

1)         Employment.  A petitioner for an employment related RDP must

be currently employed, or present a verifiable commitment for employment, and

the employment must be verified upon forms prescribed by the Department

ces

reflected in the evidence submitted at the petitioner's hearing, and subject to

the terms and conditions of Sections 1001.430 and 1001.440.

b)         RDP Classifications

1)         Employment.  A petitioner for an employment related RDP must

be currently employed, or present a verifiable commitment for employment, and

the employment must be verified upon forms prescribed by the Department.  If

the petitioner is self-employed, evidence of self-employment can include, but

is not limited to, stationery, business card, official receipt, check, State or

Federal tax returns or letters from business associates.

2)         Medical or Treatment.  A petitioner for an RDP for medical or

treatment purposes must provide verifiable documentation from the licensed

physical or mental health care provider involved that the petitioner or a

member of the petitioner's immediate family (who is unable to operate a motor

vehicle) must receive or is receiving services on a regularly scheduled basis.

3)         Court Ordered Activities and Community Service.  A petitioner

for an RDP for court ordered activities or community service must provide

certified court documents detailing the terms of the service or activity,

including but not limited to the place or places the service or activity is performed,

the hours during which the service or activity is to be performed and the

nature of the service or activity.  This does not include getting to and from

primary treatment for alcohol/drug abuse.  The attendance or participation in

treatment or support meetings must be verified and documented in the manner

specified in this subsection (b)(3).

4)         Educational

ice or activity is performed,

the hours during which the service or activity is to be performed and the

nature of the service or activity.  This does not include getting to and from

primary treatment for alcohol/drug abuse.  The attendance or participation in

treatment or support meetings must be verified and documented in the manner

specified in this subsection (b)(3).

4)         Educational. A petitioner for an educational RDP must be

currently enrolled, or intend to enroll for the next available session, in an

accredited educational institution for the purpose of taking an accredited

educational course or courses, to attend or participate in functions and

activities required to maintain the student's status as a currently enrolled

student, or to fulfill the requirements of a scholarship.  A petitioner who is

applying for an educational RDP to enable the petitioner to drive members of the

petitioner's immediate family to school or other education pursuits, as defined

in this subsection (b)(4), must provide evidence that the members of the

immediate family are currently enrolled, or will be enrolled for the next

available session, in an accredited pre-school, elementary school or high

school, or their equivalent.  Prior to the issuance of any educational RDP, the

petitioner must submit verification by the institution of the petitioner's, or

the immediate family member's, enrollment.  The verification shall be on a form

provided by the Secretary of State.

5)         Support/Recovery

A)        A petitioner for a support/recovery program RDP must provide

verifiable documentation, from members of the group or program, that the

petitioner has been attending meetings on a regular basis

ication by the institution of the petitioner's, or

the immediate family member's, enrollment.  The verification shall be on a form

provided by the Secretary of State.

5)         Support/Recovery

A)        A petitioner for a support/recovery program RDP must provide

verifiable documentation, from members of the group or program, that the

petitioner has been attending meetings on a regular basis.

B)        A petitioner who wishes to begin or resume participation in a

support/recovery program, but who resides alone or in a household in which

there is no other licensed driver and/or resides in a remote location in or

near a community in which public transportation is not available, will be

considered for a support/recovery program RDP if the petitioner proves abstinence

from all alcohol and drugs for a minimum of 12 months and has satisfied the

other provisions of this Subpart.

6)         Day

Care.  A petitioner who requests an RDP for day care purposes must identify the

children or other person who is to receive the day care services, specify the

nature of the services, and provide verifiable documentation from the day care

provider that it is providing day care services to a member of the petitioner's

immediate family.  The verification shall be on a form provided by the

Secretary of State.  A person's disability must be verified by providing the

Department with a copy of the person's Illinois Disabled Person Identification

Card.  An elderly person's age must be verified by providing the Department

with a copy of the person's Illinois Identification Card, Social Security Card,

birth record, or some other, credible proof of age.  The petitioner must also

be able to verify the reason why the elderly person is not able to drive independently.

7)         Reckless Homicide, Aggravated DUI Involving a Fatality, and

Lifetime Revocations

person's age must be verified by providing the Department

with a copy of the person's Illinois Identification Card, Social Security Card,

birth record, or some other, credible proof of age.  The petitioner must also

be able to verify the reason why the elderly person is not able to drive independently.

7)         Reckless Homicide, Aggravated DUI Involving a Fatality, and

Lifetime Revocations.  A petitioner who has an open revocation for reckless

homicide or aggravated driving under the influence that involved a fatality, or

whose driving privileges are revoked for life, must submit, with the petition

for driving relief, either a copy of the Order of the circuit court that states

the sentence received upon conviction, certified by the Clerk of the Court, or

a document from the Department of Corrections that reflects:  the offense for

which the petitioner was imprisoned; the date of release from imprisonment; and

the terms of release or parole.  For the purpose of determining a petitioner's

eligibility for the issuance of a restricted driving permit pursuant to IVC

Sections 6‑205(c) and 6-206(c)3, the date of release from imprisonment

refers to the imprisonment on the conviction for the offense and does not

include release from imprisonment for a violation of parole or probation. It is

the responsibility of the petitioner to provide documentation that clearly

reflects the date of release from imprisonment.

8)         Except

as specified in subsection (b)(7), the verifications and documentation required

by this Section need not be provided at the time of the hearing.  It is,

however, strongly encouraged and it is the petitioner's responsibility to

provide detailed contact information when applicable.  Furthermore, the failure

of the petitioner to provide verification or documentation at the time of the

hearing is not a sufficient basis, in and of itself, to deny driving relief.

c)         Jurisdiction/Eligibility

not be provided at the time of the hearing.  It is,

however, strongly encouraged and it is the petitioner's responsibility to

provide detailed contact information when applicable.  Furthermore, the failure

of the petitioner to provide verification or documentation at the time of the

hearing is not a sufficient basis, in and of itself, to deny driving relief.

c)         Jurisdiction/Eligibility.  An RDP may be granted only after

suspension, revocation, or cancellation for the offenses listed in IVC Sections

6-205, 6-206, 6-303 or 6-201(a)5 as it relates to IVC Sections 6-103.4,

11-501.1, 11-501.6 and 11-501.8. Petitioners who are eligible to apply for an

MDDP are not eligible for and will not be considered for an RDP, except as

provided in Section 6-206.1(l) or this Part.

d)         Undue

Hardship – Burden of Proof and Types.  If not yet eligible for reinstatement, a

petitioner must prove by clear and convincing evidence that an undue hardship

is currently being suffered as a result of the inability to legally operate a

motor vehicle.  Mere inconvenience to the petitioner or family and friends

is not undue hardship.  The petitioner should produce clear and convincing

evidence as to the unavailability of reasonable alternative means of

transportation, as defined in Section 1001.410, such as but not limited to:

walking, mass transit, car pools, or being driven; how the petitioner is

currently getting to the destination; whether driving is required in the course

of employment; the distance between the petitioner's residence and the

destination; and similar factors relating to employment, necessary medical

care, support/recovery program meetings, court ordered activity and community

service, educational pursuits, and/or day care services.

1)         Appropriate limits will be established for necessary

on-the-job driving

iving is required in the course

of employment; the distance between the petitioner's residence and the

destination; and similar factors relating to employment, necessary medical

care, support/recovery program meetings, court ordered activity and community

service, educational pursuits, and/or day care services.

1)         Appropriate limits will be established for necessary

on-the-job driving.  The days, hours, and mileage limits will not exceed those

absolutely necessary for the accomplishment of the petitioner's primary

employment and shall be limited to a maximum of 12 hours per day and 6 days per

week unless the request for increased limits is substantially documented, such

as through an employer's verification of the petitioner's work schedule.

2)         A support/recovery program RDP may include attendance at no

more than 5 meetings per week.

3)         An

educational RDP will be subject to appropriate limits necessary to allow the

petitioner or immediate family members to get to and from the subject

institution/courses, schools, and educational pursuits. The days and hours will

not exceed those absolutely necessary for that purpose and shall be limited to

a maximum of 12 hours per day and 6 days per week.  Additional parameters to

consider in setting these limits shall include whether the petitioner or immediate

family members commute daily to the courses, schools and educational pursuits; are

required to participate in clinical or student teaching programs in order to

fulfill the requirements for a degree in their chosen field, to participate in

functions and activities in order to maintain the student's status as a

currently enrolled student, or to fulfill the requirements of a scholarship; or

live on, or within a radius of one mile from, the campus and only need to drive

to and from the institution on an infrequent basis (less than once per week)

and are then able to get to the courses or the educational pursuits by other

means of transportation

activities in order to maintain the student's status as a

currently enrolled student, or to fulfill the requirements of a scholarship; or

live on, or within a radius of one mile from, the campus and only need to drive

to and from the institution on an infrequent basis (less than once per week)

and are then able to get to the courses or the educational pursuits by other

means of transportation.  An educational permit will not be issued to allow a

student to drive between the student's permanent residence and the educational

institution on a weekend visit.  The permit shall expire at the conclusion of

the period for which it is granted.

4)         A

petition for a day care RDP will be considered to allow the petitioner to drive

the child to a day care provider while the petitioner is engaged in other

activities, regardless of whether the petitioner is issued an RDP to drive to

and from those activities, and to enable the child to receive day care

services.

A)        A

petition for a day care RDP will be considered for noncustodial parents.

Factors to be considered include, but are not limited to, how frequently the

noncustodial parent requests permission to transport the children, the distance

between the petitioner's residence and that of the custodial parent, the route

to be traveled, which must be consistent and in conjunction with the other activities

engaged in by the petitioner, and any other relevant evidence presented by the

petitioner.

B)        In

relation to day care for an elderly or disabled member of the petitioner's

immediate family, a day care RDP will be considered to allow the petitioner to

drive the person to a day care provider to receive identifiable services and to

allow the petitioner to drive the person to a day care provider while the

petitioner is engaged in other activities, regardless of whether the petitioner

is issued an RDP to drive to and from those activities

member of the petitioner's

immediate family, a day care RDP will be considered to allow the petitioner to

drive the person to a day care provider to receive identifiable services and to

allow the petitioner to drive the person to a day care provider while the

petitioner is engaged in other activities, regardless of whether the petitioner

is issued an RDP to drive to and from those activities.

e)         A

petitioner shall be permitted to stop for gas, to use electric vehicle charging

stations, or emergency vehicle repairs while driving on an RDP.  Routine

vehicle care, including but not limited to oil changes, tire rotation,

alignment and emission testing, or service performed substantially outside the

geographical parameters of the permit, does not qualify for this exception.

f)         Factors Considered.  Factors that will be considered by the

Department in determining the propriety of granting a petitioner an RDP

include, but are not limited to: the petitioner's age; whether the petitioner

has driven while suspended or revoked; duration of present employment; number

of years licensed to drive; number, severity, and frequency of accidents;

frequency, type, and severity of traffic violations; efforts at rehabilitation

or reform of past driving practices; demeanor of petitioner in the hearing;

credibility of petitioner and witnesses in the hearing; credibility of and

weight given to the petitioner's documentary evidence; petitioner's total

driving record, including but not limited to reasons for violations, prior

permits issued (unless the permits were issued pursuant to the order of a

circuit or appellate court following an administrative review action), the

length of time that the petitioner actually drove or has been driving on

permits, and driving record while on those permits;

record

of performance while driving with an

interlock device;

driving

history in another state if licensed previously;

any

arrest or implied consent suspension for boating or snowmobiling under the

influenc

ppellate court following an administrative review action), the

length of time that the petitioner actually drove or has been driving on

permits, and driving record while on those permits;

record

of performance while driving with an

interlock device;

driving

history in another state if licensed previously;

any

arrest or implied consent suspension for boating or snowmobiling under the

influence; petitioner's alcohol/drug-related criminal record as defined in

Section 1001.410;

whether the petitioner was incarcerated and

successfully participated in any rehabilitative activity during incarceration;

whether the petitioner complied with the terms and conditions of probation or

parole; and psychiatric reports when the evidence shows that the petitioner is

suffering or has suffered from a mental disorder that might affect the ability

to operate a motor vehicle in a safe and responsible manner.

g)         Public Safety and Welfare.  Pursuant to IVC Sections 6-205(c)

and 6-206(c)3, the public welfare and safety must not be endangered by the

issuance of an RDP.  The evidence must show that the petitioner will operate a

motor vehicle safely so as not to be a danger to the petitioner or others.  The

mere passage of time since the date of revocation is not sufficient evidence.

h)         Ticket Pending.  An RDP will not be issued while any moving

traffic offense is pending against a petitioner in any court of this or any

other state, unless the pending citation or citations are also the only cause

of the current loss of driving privileges.

i)          Referral to Remedial Program.  A petitioner who is otherwise

eligible for an RDP may be referred to a remedial or rehabilitative program

prior to the permit's issuance, if the driving record warrants these measures

against a petitioner in any court of this or any

other state, unless the pending citation or citations are also the only cause

of the current loss of driving privileges.

i)          Referral to Remedial Program.  A petitioner who is otherwise

eligible for an RDP may be referred to a remedial or rehabilitative program

prior to the permit's issuance, if the driving record warrants these measures.

(See IVC Sections 6‑205(c) and 6-206(c)3.)

j)          Permits For Which Hardship Not Required

1)         A probationary

permit is an RDP issued to the petitioner in lieu of reinstatement when

eligible for reinstatement of driving privileges as a probationary device.  It

cannot be issued to a petitioner who is not yet eligible for reinstatement, a BMO,

or a lifetime permittee.

2)         A BMO RDP is issued to a person who is required to drive on a

BAIID RDP for a period of 5 years pursuant to IVC Section 6-205(h), 6-208(b)(1.3)

or 11.501.01(e) (2 or more prior offenses under IVC Section 11-501, or a

similar provision of a local ordinance or out-of-state offense). BMO RDPs may

be issued in increments of 2 years and are renewable at informal hearings,

unless a petitioner has BAIID violations that were not satisfactorily explained

to the BAIID Division during the reporting period, in which case the petitioner

can only renew the BMO RDP at a formal hearing.  A BMO permittee shall operate

only vehicles with an installed, operating BAIID certified by the Secretary,

regardless of whether the vehicle is owned, rented, leased, loaned or otherwise

in the possession of the BMO permittee, and shall be subject to all rules and

obligations of this Section pertaining to BAIID installation, use and

compliance.

A)        The

BMO permittee must maintain 1,826 consecutive days of BAIID installation and

utilization on all registered vehicles as defined in Section 1001.443(a) prior

to being eligible to apply for reinstatement

loaned or otherwise

in the possession of the BMO permittee, and shall be subject to all rules and

obligations of this Section pertaining to BAIID installation, use and

compliance.

A)        The

BMO permittee must maintain 1,826 consecutive days of BAIID installation and

utilization on all registered vehicles as defined in Section 1001.443(a) prior

to being eligible to apply for reinstatement.  Any de-installation of the BAIID

device without prior approval from the BAIID Division will cause the 1,826

consecutive day period required by Section 1001.430(e) to restart.

B)        Upon

the successful completion of 1,826 consecutive days on a BMO RDP, the permittee

may apply for reinstatement.  The Secretary of State may, in its discretion,

grant reinstatement or issue an RDP that requires use of a BAIID (not a BAIID

and five full years on a BMO RDP).

C)        BMO

RDPs will be issued, without regard to hardship, for any legitimate purpose 12

hours per day, 6 days per week within a 200- mile radius of the permittee's

residence.

k)         Out-of-state Resident; Eligibility.  An RDP will be issued to

an out-of-state resident only if that individual has a valid license to drive

issued by the jurisdiction in which the individual resides or is eligible to

apply for a license or restricted permit to drive; the individual has a

verified employment, medical, day care, court ordered activity, or educational

related need to drive in Illinois; and the individual complies with all other

requirements of this Subpart.

l)          New Resident of Illinois; Eligibility.  An RDP will not be

issued to a new resident of Illinois if driving privileges are suspended in

another jurisdiction until such time as that suspension is terminated

d employment, medical, day care, court ordered activity, or educational

related need to drive in Illinois; and the individual complies with all other

requirements of this Subpart.

l)          New Resident of Illinois; Eligibility.  An RDP will not be

issued to a new resident of Illinois if driving privileges are suspended in

another jurisdiction until such time as that suspension is terminated.  An RDP

may be issued to a new resident of Illinois if driving privileges are revoked

in another jurisdiction

, pursuant to IVC Section

6-103.1,

under the following conditions:

1)         At least one year has expired from the date of the revocation

yet the revocation period has not expired; and

2)         The petitioner meets all other applicable requirements of this

Subpart.

m)        Resident

of Illinois for More than 10 Years with an Out-of-State Revocation

1)         A

person who has been a resident of the State of Illinois for at least 10

consecutive years and has not more than one out-of-state revocation is eligible

to apply for an Illinois driver's license under the following conditions:

A)        Petitioner

is able to prove, by clear and convincing evidence, continuous Illinois

residency for at least 10 years.  Proof of residence may include, but it not

limited to, the forms of identification listed in 92 Ill. Adm. Code

1030.Appendix B;

B)        Petitioner

shall have no more than one revocation, either open or closed, on the

petitioner's driving record in any other state;

C)        Petitioner

is eligible for reinstatement in the state of revocation; and

D)        Petitioner

meets all other applicable requirements of this Subpart.

2)         A petitioner under this subsection (l) shall only be eligible

for a non-CDL classification of Illinois driver's license.  A petitioner who is

not eligible for reinstatement in the state of revocation may apply for an RDP

pursuant to IVC Section 6-103.1.

n)         Decision

t in the state of revocation; and

D)        Petitioner

meets all other applicable requirements of this Subpart.

2)         A petitioner under this subsection (l) shall only be eligible

for a non-CDL classification of Illinois driver's license.  A petitioner who is

not eligible for reinstatement in the state of revocation may apply for an RDP

pursuant to IVC Section 6-103.1.

n)         Decision.  The Director or a designee shall make the final

decision, on each petition, on behalf of the Secretary.  If relief was sought

at a formal hearing, petitioners will receive a copy of the hearing officer's

Findings of Fact, Conclusions of Law, and Recommendations, and the Secretary's

Order.

o)         Investigative Evaluation Required

1)         A petitioner will be required to complete and submit an

investigative alcohol and drug evaluation as part of the Secretary's

investigative process, where the evidence, including the petitioner's driving

record, indicates that:

A)        the

current loss of driving privileges is not related to a DUI arrest/disposition

yet:

i)          the

petitioner's/respondent's driving record contains, or other evidence indicates

the existence of, a prior DUI disposition or any other conviction or loss

of driving privileges that was alcohol/drug related within the last 5 years (as

of the date of the hearing) for which the petitioner/respondent did not or was

not required to submit to the Secretary of State an alcohol/drug evaluation to

obtain driving privileges;

ii)         there is credible evidence that the petitioner

had any arrest or implied consent suspension for boating or snowmobiling under

the influence within the last 5 years (as of the date of the hearing);

iii)        the petitioner has an alcohol/drug-related

criminal conviction within the last 5 years (as of the date of the hearing), as

defined in Section 1001.410; or

iv)        the facts of the current loss of driving

privileges indicate the use or potential use of alcoholic beverages or other

drugs at a time

biling under

the influence within the last 5 years (as of the date of the hearing);

iii)        the petitioner has an alcohol/drug-related

criminal conviction within the last 5 years (as of the date of the hearing), as

defined in Section 1001.410; or

iv)        the facts of the current loss of driving

privileges indicate the use or potential use of alcoholic beverages or other

drugs at a time when the offender was under the age of 21 years and within the

last 5 years (as of the date of the hearing)

; or

B)        the petitioner/respondent may be a user of alcohol or any other

drug to a degree that renders that person incapable of safely driving a motor

vehicle. (See IVC Section 6-103.4.)

2)         The

petitioner will be required to complete any recommended rehabilitative activity

or provide a waiver.

Furthermore, if any

rehabilitative activity (i.e., a driver risk education course, intervention, or

treatment for

alcohol/drug abuse

) is

recommended, then

the petitioner must submit

an update evaluation, as provided in this Subpart D, until the petitioner's

driving privileges are reinstated.

An update evaluation is required even if the waiver is based upon the fact that

the petitioner completed treatment prior to the date that the investigative

evaluation was conducted.

3)         The requirements of this

subsection (m) also apply to an investigative evaluation that is submitted by a

petitioner voluntarily.

4)         The Department reserves the

discretion to waive the requirements of an investigative evaluation if the

current criminal offense is a misdemeanor and there is no other evidence of a

current alcohol or drug problem.

p)         Examination.  A petitioner whose driving privileges have been

revoked or cancelled or whose driver's license has expired will be required to

submit to a driver's license examination prior to the issuance of an RDP.

q)         Fourth Conviction

nvestigative evaluation if the

current criminal offense is a misdemeanor and there is no other evidence of a

current alcohol or drug problem.

p)         Examination.  A petitioner whose driving privileges have been

revoked or cancelled or whose driver's license has expired will be required to

submit to a driver's license examination prior to the issuance of an RDP.

q)         Fourth Conviction.  The  Secretary of State may issue a

Lifetime RDP to any person who has a fourth or subsequent conviction and

revocation for the offenses listed in IVC Section 6-208(b)(4) if that person

meets the requirements of IVC Section 6-205(c)(1.5) or 6-206(c)(3)(F).  If the

fourth conviction was entered in another state, the record of which is available

only from the PDPS, then the date of withdrawal as shown on the PDPS will be

taken as the date of revocation.  The person must establish an undue hardship

as defined in Section 1001.410 and the person must prove an undue hardship

during the entire time that the person drives on the Lifetime RDP.  Lifetime RDPs

will be issued only for the tasks and activities stated in this Section.  A

person issued an RDP pursuant to IVC Section 6-205(c)(1.5) or 6-206(c)(3)(F)

who is subsequently convicted of a violation of IVC Section 11-501, a similar

provision of a local ordinance or a similar offense in another state shall have

the Lifetime RDP cancelled and the person may not be issued any further driving

relief, including a Lifetime RDP.