# 92 Ill. Adm. Code 1001.441: Section 1001.441 Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_441

## Section

- **Citation:** 92 Ill. Adm. Code 1001.441
- **Heading:** Section 1001.441 Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 92 TRANSPORTATION / CHAPTER II: SECRETARY OF STATE / Part 1001 PROCEDURES AND STANDARDS / Section 1001.441 Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs

## Text

Section 1001
Section 1001.441  Procedures
for Breath Alcohol Ignition Interlock Device
Conditioned RDPs
a)         BAIID Required for RDP; Fee Required
1)         The issuance of RDPs to a BAIID petitioner shall be
conditioned upon the use of a Breath Alcohol Ignition Interlock Device (BAIID),
as required by IVC Sections 6-205, 6-206 and/or 11-501.01.  As provided in
these Sections, a BAIID petitioner must pay a non-refundable fee of $30 per
month on an annual basis, for a total annual payment of $360.  This total
annual payment must be paid in advance and prior to the issuance of any
permit.  Payment must be submitted in the form of a money order, check, or a
credit card charge (with a pre-approved card), made payable to the Secretary of
State.
2)         A BAIID petitioner who is renewing an RDP and who also is
eligible for the reinstatement of driving privileges less than 12 months from
the date of the expiration of the current RDP at the time the petitioner renews
the permit shall not be required to make an annual payment.  If the petitioner
has been scheduled for a formal hearing on a petition for reinstatement at the
time of renewal, then petitioner shall pay the above-referenced fee in an
amount equal to the number of months between the date of renewal and date of
the hearing, plus an additional 3 months (not to exceed 12 months), times $30.
If the petitioner does not have a formal hearing on a petition for
reinstatement scheduled at the time of renewal, then the fee shall be paid for
9 months.  If, however, the petitioner is denied reinstatement, then the
petitioner must resume payment on an annual basis.
b)         Notification of BAIID Requirements.  The Secretary shall
notify any BAIID petitioner who requests a hearing of the procedures for
obtaining a BAIID and the BAIID requirements.  Notification may be accomplished
in one of the following ways, though not limited thereto:  informal hearing
officer; phone contact; written notification, or by electronic mail
ume payment on an annual basis.
b)         Notification of BAIID Requirements.  The Secretary shall
notify any BAIID petitioner who requests a hearing of the procedures for
obtaining a BAIID and the BAIID requirements.  Notification may be accomplished
in one of the following ways, though not limited thereto:  informal hearing
officer; phone contact; written notification, or by electronic mail.
c)         Type of Hearing Required.  All hearings involving a BAIID
petitioner seeking driving relief shall be formal hearings, except renewal of a
RDP when the petitioner had no BAIID violations or if a monitor report
indicated a BAIID violation had occurred, but the petitioner submitted an
explanation to the BAIID Division that reasonably assured the Division that no
violation had occurred may be done at an informal hearing.  Any hearing
involving a BAIID petitioner shall be conducted as any other hearing under this
Part and all other applicable standards shall apply.
d)         Petitioner Must Meet Requirements of Subpart D.  The Secretary
shall issue an RDP to a BAIID petitioner if, through the hearing process, the
petitioner is determined to meet all of the requirements of this Subpart D and
installs and utilizes a BAIID in all motor vehicles operated, by the BAIID
petitioner and, where applicable, all motor vehicles owned by the BAIID
petitioner as required by the RDP issued under this Subpart D.  A BAIID
permittee who does not meet the requirements of Subpart D at the time of
renewal as a result of BAIID violations incurred during the monitoring period
may only be renewed for a maximum of 12 months. The petitioner must come into
compliance with all provisions of Subpart D during that 12-month renewal
period.  Failure to come into compliance with Subpart D will result in denial
of renewal and for BMO permittees, restart the 1,826-day requirement in Sec.
1001.443
f
renewal as a result of BAIID violations incurred during the monitoring period
may only be renewed for a maximum of 12 months. The petitioner must come into
compliance with all provisions of Subpart D during that 12-month renewal
period.  Failure to come into compliance with Subpart D will result in denial
of renewal and for BMO permittees, restart the 1,826-day requirement in Sec.
1001.443.  BAIIDs shall not be installed on, nor shall BAIID permittees operate
motorcycles, motor driven cycles or commercial motor vehicles requiring a
commercial driver's license.
e)         Hearing Officer's Responsibilities; Petitioner's
Responsibilities.  Prior to the taking of evidence at the hearing:
1)         The hearing officer shall ensure that the BAIID petitioner
understands:  all of the provisions and requirements of receiving a BAIID
permit; that to obtain an RDP the BAIID petitioner must minimally meet all of
the requirements of Section 1001.440 and install and utilize the BAIID; that a
BAIID petitioner's agreement to install a BAIID or willingness to comply with
the BAIID requirements does not guarantee issuance of an RDP; and that all
costs associated with the BAIID are the responsibility of the BAIID petitioner;
and
2)         The BAIID petitioner shall advise the hearing officer that the
petitioner understands all of the provisions and conditions of the BAIID
requirements and whether the petitioner agrees to comply with the BAIID
requirements.  If the BAIID petitioner is unwilling to use the BAIID, or comply
with this Section, the petitioner shall be advised that an RDP cannot be
granted.
f)         Decision.  After the hearing, the hearing officer shall
consider the evidence and the relief requested and make a recommendation as in
any other hearing under this Part.
1)         If the hearing officer does not determine that the relief
requested should be granted, an order denying relief shall be prepared
his Section, the petitioner shall be advised that an RDP cannot be
granted.
f)         Decision.  After the hearing, the hearing officer shall
consider the evidence and the relief requested and make a recommendation as in
any other hearing under this Part.
1)         If the hearing officer does not determine that the relief
requested should be granted, an order denying relief shall be prepared.
2)         If the hearing officer determines that an RDP should be
granted, an order granting an RDP shall be prepared with the additional
requirement that the RDP is conditioned upon the installation and continued use
of a BAIID .  All RDPs issued under this Section shall require continued use of
the BAIID until the driving privileges of the petitioner are reinstated.
g)         Installation of BAIID.  Upon the issuance of an RDP under this
Section, the Secretary shall make available a list of certified BAIID providers
to the BAIID permittee.  In addition to the other requirements under this Part,
the BAIID permittee may operate the vehicle for 14 days from the issuance of
the RDP without a BAIID installed, solely for the purpose of taking the vehicle
to a BAIID provider or installer for installation of a BAIID.  The permittee
must be the individual who takes the vehicle to the installer to have the BAIID
installed, and must have a reference image taken by the installer at the time
of installation. Within 7 days from the date of the installation of the BAIID,
the installer or BAIID provider must notify the Secretary that a BAIID has been
installed in the vehicles designated by the BAIID permittee.  Proof of
installation shall be by such means as determined by the Secretary from the
installer or BAIID provider.  Failure to comply with these requirements will
result in the denial of driving relief and the cancellation of any RDP issued.
h)         Petitioner's Responsibilities – Driving with a BAIID
cretary that a BAIID has been
installed in the vehicles designated by the BAIID permittee.  Proof of
installation shall be by such means as determined by the Secretary from the
installer or BAIID provider.  Failure to comply with these requirements will
result in the denial of driving relief and the cancellation of any RDP issued.
h)         Petitioner's Responsibilities – Driving with a BAIID.  Any
BAIID petitioner receiving an RDP under this Section must comply with the
following requirements:
1)         Operate only vehicles with an installed, operating BAIID
certified by the Secretary whether the vehicle is owned, rented, leased,
loaned, or otherwise in the possession of the BAIID permittee as required by
the RDP issued under this Section.
2)         Except when a BAIID has been installed that may be read remotely,
take the vehicle with the BAIID installed to the BAIID provider or installer or
send the appropriate portion of the BAIID to the BAIID provider or installer
within the first 30 days for an initial monitor report to help the BAIID
permittee learn how to correctly use the BAIID, and thereafter not longer than
every 60 days for the purposes of calibration and having a monitor report of
the BAIID's activity prepared and sent to the Secretary by the BAIID provider
or installer.
3)         If a
BAIID has been installed that permits the BAIID permittee to mail in a portion
of the BAIID to be read and calibrated, or that allows the BAIID to be read
remotely, that BAIID permittee shall be required to bring the vehicle into a
BAIID installation site at least once every 6 months so that the BAIID and all
wiring and connections related to the BAIID may be inspected for signs of
tampering or circumvention.
4)         Within 5 working days after any service or inspection
notification, take the vehicle with the BAIID installed to the BAIID provider
or installer or send the appropriate portion of the BAIID to the BAIID provider
or installer, as instructed, for a monitor report
at the BAIID and all
wiring and connections related to the BAIID may be inspected for signs of
tampering or circumvention.
4)         Within 5 working days after any service or inspection
notification, take the vehicle with the BAIID installed to the BAIID provider
or installer or send the appropriate portion of the BAIID to the BAIID provider
or installer, as instructed, for a monitor report.
5)         Maintain a journal of events recording unsuccessful attempts
to start the vehicle, failures to successfully complete a running retest, any
problems with the BAIID and the name of the driver operating the vehicle at the
time of the event.  If BAIIDs have been installed on multiple vehicles pursuant
to Section 1001.443, a separate journal must be kept for each vehicle,
recording unsuccessful attempts to start the vehicle, failures to successfully
complete a running retest, any problems with the BAIID, and the name of the
driver operating the vehicle at the time of the event.
6)         Ensure
that the BAIID camera is aimed, and the person using the BAIID is situated, so
that the camera captures a clear and accurate image of the individual blowing
into the BAIID, including a sufficiently wide angle that it will be possible to
determine whether the individual blowing into the BAIID is seated in the
driver's seat and whether a circumvention device has been inserted into the
mouthpiece of the BAIID.
7)         Shall not have a BAIID removed or uninstalled from the BAIID
permittee's vehicle prior to notifying the Secretary and surrendering the RDP
to the Secretary or the Secretary's designee.
i)          Review of Monitor Reports; Sanctions for Failure to Comply.
Upon receipt or nonreceipt of monitor reports, the Secretary shall review them
and take the action specified in this subsection (i).  Failure of the BAIID
permittee to comply with the requirements of this Subpart D shall be made part
of the BAIID permittee's record of performance to be considered at future
formal hearings
)          Review of Monitor Reports; Sanctions for Failure to Comply.
Upon receipt or nonreceipt of monitor reports, the Secretary shall review them
and take the action specified in this subsection (i).  Failure of the BAIID
permittee to comply with the requirements of this Subpart D shall be made part
of the BAIID permittee's record of performance to be considered at future
formal hearings.
1)         For any BAIID permittee whose monitor reports show 10 or more
unsuccessful attempts to start the vehicle, or a failure to successfully
complete a running retest, during the initial monitor period, the Secretary
shall send a warning letter to the BAIID permittee indicating that future
unsuccessful attempts to start the vehicle or failure to successfully complete
a running retest will result in the Secretary sending a letter to the BAIID
permittee asking for an explanation of the unsuccessful attempts to start the
vehicle or the failure to successfully complete a running retest;
2)         For any BAIID permittee whose monitor reports show 10 or more
unsuccessful attempts to start the vehicle after the initial monitor report
period, the Secretary shall send the BAIID permittee a letter asking for an
explanation of the unsuccessful attempts to start the vehicle.  If a response
is received within 21 days after the date of the Secretary's letter and it
reasonably assures the Secretary that no violation occurred, no further action will
be taken.  If a response is not received within 21 days or does not reasonably
assure the Secretary, the failure to comply will be made part of the BAIID
permittee's record of performance;
3)         For any BAIID permittee whose monitor reports show a failure
to successfully complete a running retest, after the initial monitor report
period, the Secretary shall send the BAIID permittee a letter asking for an
explanation of the failure to successfully complete a running retest
the Secretary, the failure to comply will be made part of the BAIID
permittee's record of performance;
3)         For any BAIID permittee whose monitor reports show a failure
to successfully complete a running retest, after the initial monitor report
period, the Secretary shall send the BAIID permittee a letter asking for an
explanation of the failure to successfully complete a running retest.  If a
response is received within 21 days after the date of the Secretary's letter
and it reasonably assures the Secretary that no violation occurred, no further
action will be taken.  If a response is not received within 21 days or does not
reasonably assure the Secretary, the failure to comply will be made part of the
BAIID permittee's record of performance;
4)         For any BAIID permittee whose monitor reports show a BrAC
reading of 0.05 or more or a pattern of BrAC readings consistent with the use
of alcoholic beverages, regardless of any other provision contained in this
Section, there shall arise a rebuttable presumption that the BAIID permittee
consumed alcoholic beverages.  In every case, the Secretary shall send a letter
asking for an explanation of the BrAC reading or the pattern of BrAC readings
consistent with the use of alcoholic beverages.  If a response is received
within 21 days after the date of the Secretary's letter and it reasonably
assures the Secretary that the BAIID permittee did not consume alcoholic
beverages, no further action will be taken.  If a response from a BAIID
permittee is not received within 21 days or does not reasonably assure the
Secretary, the failure to comply will be made part of the BAIID permittee's
record of performance to be considered by the hearing officer at the next
hearing;
5)         For any BAIID permittee who fails a running retest, or fails
to take a running retest, the Secretary shall send the BAIID permittee a letter
asking for an explanation of the incident
21 days or does not reasonably assure the
Secretary, the failure to comply will be made part of the BAIID permittee's
record of performance to be considered by the hearing officer at the next
hearing;
5)         For any BAIID permittee who fails a running retest, or fails
to take a running retest, the Secretary shall send the BAIID permittee a letter
asking for an explanation of the incident.  If a response is received within 21
days after the date of the Secretary's letter and it reasonably assures the
Secretary that no violation occurred, no further action will be taken.  If a
response is not received within 21 days or does not reasonably assure the
Secretary, the failure to comply will be made part of the BAIID permittee's
record of performance;
6)         For any BAIID permittee whose initial monitor report or
subsequent monitor reports show any tampering with or unauthorized
circumvention of the BAIID, or if physical inspection by an installer shows any
tampering with or unauthorized circumvention of the BAIID, the Secretary shall
send the BAIID permittee a letter asking for an explanation of the tampering or
unauthorized circumvention.  If a response is received within 21 days after the
date of the Secretary's letter and it reasonably assures the Secretary that no
violation occurred, no further action will be taken.  If a response is not
received within 21 days or does not reasonably assure the Secretary, then the
Secretary shall immediately cancel the RDP and authorize the immediate removal/uninstallation
of the BAIID.
7)         For
any BAIID permittee required to submit a letter of explanation, if a review of
the images taken at the time of the violation indicates the BAIID camera was prevented
from taking clear and accurate images of the individual blowing into the
mouthpiece, the explanation shall automatically be rejected and the appropriate
sanction, as set forth in this subsection (i), shall be imposed
For
any BAIID permittee required to submit a letter of explanation, if a review of
the images taken at the time of the violation indicates the BAIID camera was prevented
from taking clear and accurate images of the individual blowing into the
mouthpiece, the explanation shall automatically be rejected and the appropriate
sanction, as set forth in this subsection (i), shall be imposed.
8)         If
review of the images captured by the BAIID indicates the camera is obstructed
or the BAIID permittee, other person attempting to start the vehicle, or the
camera is positioned in such a manner as to prevent a clear image of the face
of the person blowing into the BAIID, the Secretary shall send notification to
the BAIID permittee to properly adjust the camera and/or to position himself or
herself in a manner that will allow for a clear image of the operator of the
BAIID, and informing the permittee that the camera must not be obstructed.  If,
after notification is sent, a review of images captured by the BAIID discloses
that the camera is still obstructed or is not taking clear images of the
operator, the RDP may be cancelled.
9)         Failure
to Submit a BAIID for Monitoring in a Timely Manner.  Unless notified by a
BAIID provider pursuant to subsection (j)(2), all monitor reports shall be
submitted to the Secretary within 67 days after the previous monitor report.  If
the Secretary fails to receive a BAIID permittee's monitor reports in the 67
days, the Secretary will conduct an informal inquiry (will attempt to contact
the BAIID provider and permittee by telephone or e-mail) for the purpose of
determining the cause for this failure
section (j)(2), all monitor reports shall be
submitted to the Secretary within 67 days after the previous monitor report.  If
the Secretary fails to receive a BAIID permittee's monitor reports in the 67
days, the Secretary will conduct an informal inquiry (will attempt to contact
the BAIID provider and permittee by telephone or e-mail) for the purpose of
determining the cause for this failure.  If it is determined or if it appears
that the BAIID permittee failed to take in a vehicle with the BAIID for timely
monitor reports or failed to send the appropriate portion of the BAIID,
utilizing a traceable package delivery service, to the BAIID provider or
installer for timely monitor reports, the Secretary will send a letter to the
BAIID permittee stating that, if the BAIID is not taken in for a monitor report
within 10 days after the date of the letter, any permits issued to the BAIID
permittee will be cancelled.
j)          Immediate Cancellation of BAIID RDP.  Any one of the
following shall be grounds for immediate cancellation of an RDP issued under
this Section:
1)         Any law enforcement report showing operation of a vehicle by a
BAIID permittee without a BAIID as required by the RDP issued under this
Section.  The law enforcement officer shall, at the time of the stop,
confiscate the RDP and send it, or a copy of it, along with the report, to the
Secretary;
2)         Notification from a BAIID provider or installer on a removal/uninstallation
report form stating that the BAIID installed in a BAIID permittee's vehicle has
been removed and/or is no longer being utilized by the permittee, as required
by subsection (d), including a removal or uninstallation caused by the BAIID
permittee's failure to pay lease or rental fees owed to the BAIID provider,
unless the permittee has notified the Secretary that the permittee is no longer
utilizing the BAIID and surrendered the BAIID permit to the Secretary as
required in subsection (h)
d/or is no longer being utilized by the permittee, as required
by subsection (d), including a removal or uninstallation caused by the BAIID
permittee's failure to pay lease or rental fees owed to the BAIID provider,
unless the permittee has notified the Secretary that the permittee is no longer
utilizing the BAIID and surrendered the BAIID permit to the Secretary as
required in subsection (h).  This notification shall be sent to the Secretary
no more than 7 days after the removal/uninstallation;
3)         Any law enforcement report involving a DUI;
k)         Hearing to Contest Cancellation of BAIID RDP.  Any BAIID
permittee whose RDP is cancelled as provided in this Section may request a
hearing to contest the cancellation within 60 days from the effective date of
the cancellation.  The hearing will be scheduled and held on an expedited
basis.  The hearing will be conducted as any other formal hearing under this
Part.  Any BAIID permittee whose RDP is cancelled under the provisions of this
Section and who is required to abstain from alcohol/drugs (whose alcohol/drug
use was classified at High Risk-Dependent) and who admits to consuming
alcoholic beverages may not request a hearing to contest the cancellation.
1)         The
purpose of a hearing to contest a BAIID cancellation is to determine whether
the BAIID Division acted in accordance with its rules, procedures and
guidelines in entering the cancellation of driving privileges, based upon the
evidence available to it at the time of its initial decision.  If it is
determined at the hearing that the BAIID Division did not act in accordance
with its rules, procedures and guidelines, the Department of Administrative
Hearings will enter an Order rescinding the cancellation
dance with its rules, procedures and
guidelines in entering the cancellation of driving privileges, based upon the
evidence available to it at the time of its initial decision.  If it is
determined at the hearing that the BAIID Division did not act in accordance
with its rules, procedures and guidelines, the Department of Administrative
Hearings will enter an Order rescinding the cancellation.  If it is determined
at the hearing that the BAIID Division acted in accordance with its rules,
procedures and guidelines, the Department of Administrative Hearings will enter
an Order either affirming the cancellation or an Order affirming, but
terminating, the cancellation.  A termination will be entered when the
petitioner provides additional credible evidence at the hearing regarding the
petitioner's alleged violation of the rules of the BAIID program, or that the
BAIID Division was misinformed or did not have all the essential facts at the
time of its initial decision.  The findings of fact must articulate the
additional facts and circumstances cited in the Order of Termination that support
the rationale for concluding that the public safety and welfare is better
served by a termination.
2)         Any
BAIID permittee whose RDP is cancelled for any reason provided for in this
Section, and whose cancellation was terminated after a formal hearing to contest
the cancellation, is immediately eligible to petition for another formal
hearing if the petitioner's RDP has expired by the time that the final order
from the formal hearing has been entered.  If the RDP has not expired, then a
new RDP will be issued with the same expiration date as the cancelled RDP.
3)         Any
BAIID permittee whose RDP is cancelled for any reason provided for in this
Section, and whose cancellation was rescinded after a formal hearing to contest
the cancellation, will be issued a new RDP with the same expiration date as the
cancelled RDP
ng has been entered.  If the RDP has not expired, then a
new RDP will be issued with the same expiration date as the cancelled RDP.
3)         Any
BAIID permittee whose RDP is cancelled for any reason provided for in this
Section, and whose cancellation was rescinded after a formal hearing to contest
the cancellation, will be issued a new RDP with the same expiration date as the
cancelled RDP.  If the RDP has expired, the petitioner is immediately eligible
to petition for another formal hearing.
l)          No Hearing for 90 Days After Cancellation.  Any BAIID
permittee whose RDP is cancelled for any reason as provided for in this Section
shall not be granted another hearing for any type of driving relief for 90 days
from the date of the cancellation, except to contest the cancellation as
provided in subsection (k).  In the event a hearing is held pursuant to
subsection (k) and the cancellation is affirmed, the BAIID permittee shall not
be granted another hearing for driving relief for 30 days from the date of the
order affirming the cancellation.
m)        Formal Order – Content.  Any formal order entered that grants
the issuance of an RDP as provided for in this Section shall, in addition to
all other requirements, clearly indicate the following:
1)         That the RDP is issued conditioned upon BAIID installation and
proper usage of the BAIID by the permittee; and
2)         That the BAIID permittee is aware of all conditions and terms
of BAIID installation and proper usage of the BAIID, and the permittee accepts
those conditions and terms as conditions precedent to the issuance of the RDP.
n)         RDPs – Content
ate the following:
1)         That the RDP is issued conditioned upon BAIID installation and
proper usage of the BAIID by the permittee; and
2)         That the BAIID permittee is aware of all conditions and terms
of BAIID installation and proper usage of the BAIID, and the permittee accepts
those conditions and terms as conditions precedent to the issuance of the RDP.
n)         RDPs – Content.  Any RDPs issued as provided for in this
Section shall, in addition to all other requirements, clearly indicate:
1)         That the RDP is issued pursuant to the BAIID requirements of
this Section, and that a vehicle operated by a BAIID permittee must be equipped
with an installed, properly operating BAIID;
2)         That the provisions of the RDP also allow the BAIID permittee
to drive to and from the BAIID provider or installer for the purposes of
installing the BAIID within 14 days after the issuance of the RDP, or obtaining
monitor reports, and any necessary servicing.
o)         Use of Monitor Reports.  The Secretary shall gather all
available monitor reports and images and any other information relative to the
permittee's performance and compliance with the BAIID requirements under this
Subpart D.  The reports, images and information may be used as evidence at any
administrative hearing conducted by the Secretary under this Part.
p)         Modification
or Waiver of BAIID
1)         The
Secretary may make a medical or physical BAIID modification or waiver for RDPs
issued under this Section. When a BAIID permittee provides a report from a
physician stating the permittee is physically unable to produce an adequate
breath sample to operate the BAIID, the Secretary may allow the permittee to
install a BAIID that operates with a lower breath sample requirement.  The
Secretary may, at the Secretary's discretion, obtain a review of the
physician's report by the Secretary's Medical Advisory Board
ID permittee provides a report from a
physician stating the permittee is physically unable to produce an adequate
breath sample to operate the BAIID, the Secretary may allow the permittee to
install a BAIID that operates with a lower breath sample requirement.  The
Secretary may, at the Secretary's discretion, obtain a review of the
physician's report by the Secretary's Medical Advisory Board.
2)         When a BAIID permittee is the owner of only one vehicle, this
modification may also be granted if an immediate family member who resides with
the BAIID permittee must drive the vehicle and the immediate family member is
unable to provide an adequate breath sample to operate the BAIID.
q)         Employment Exemption from BAIID Requirements.  In determining
whether a BAIID permittee is exempt from the BAIID requirements pursuant to the
waiver provided for in IVC Sections 6-205 and 6-206, the following shall apply:
1)         The term "employer" shall
not include an entity owned or controlled in whole or in part by the permittee
or any member of the permittee's immediate family, unless the entity is a
corporation and the permittee and the permittee's immediate family own a total
of less than 5% of the outstanding shares of stock in the corporation.
Immediate family shall include spouse, children, children's spouses, parents,
spouse's parents, siblings, siblings' spouses and spouse's siblings;
2)         The
exemption shall not apply where the employer's vehicle is assigned exclusively
to the BAIID permittee or the BAIID permittee uses the vehicle for commuting to
and from employment or for other personal use.
3)         Appropriate
limits will be established for necessary on-the-job driving
en's spouses, parents,
spouse's parents, siblings, siblings' spouses and spouse's siblings;
2)         The
exemption shall not apply where the employer's vehicle is assigned exclusively
to the BAIID permittee or the BAIID permittee uses the vehicle for commuting to
and from employment or for other personal use.
3)         Appropriate
limits will be established for necessary on-the-job driving.  The days, hours
and mileage limits will not exceed those necessary for the accomplishment of
the BAIID permittee'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
BAIID permittee's work schedule.
4)         An
exemption also may be granted to a BAIID permittee who can prove that the
permittee duties include test-driving vehicles not owned by the permittee. The
exemption will be limited to this purpose and to no more than a 5-mile radius
from the permittee's place of employment.
5)         The
Secretary will also inform a BAIID permittee whose employment exemption is
terminated that the permittee remains eligible to have an interlock BAIID
installed in the permittee's personal vehicle and the employer's vehicle
without a hearing. Failure to have the BAIID installed by the date designated
by the Secretary will result in the termination of the BAIID permittee's RDP.
r)          Decertification
of BAIID Providers and BAIID.  The Secretary must notify the BAIID permittee of
the decertification of a BAIID provider or the decertification of a particular
type of BAIID.  The BAIID permittee must then select a new BAIID provider or
type of BAIID from the list of approved BAIID providers maintained by the
Secretary.  The BAIID permittee must inform the Secretary of that selection
within 7 days after the receipt of notification from the Secretary
the BAIID permittee of
the decertification of a BAIID provider or the decertification of a particular
type of BAIID.  The BAIID permittee must then select a new BAIID provider or
type of BAIID from the list of approved BAIID providers maintained by the
Secretary.  The BAIID permittee must inform the Secretary of that selection
within 7 days after the receipt of notification from the Secretary.  The BAIID
permittee must complete registration with a new BAIID provider and/or
installation of a new BAIID within 21 days after the receipt of the
notification from the Secretary.  Failure to complete these steps within the
21-day period may result in cancellation of the BAIID permittee's RDP.  All
costs related to any change in BAIID provider or BAIID shall be paid by the
BAIID permittee.
s)         Reciprocity
with Other States.  The Secretary will honor the BAIID requirements imposed by
other states on Illinois drivers and drivers licensed in other states, for
offenses committed in other states, and will reciprocate other states'
recognition of BAIID requirements imposed by Illinois on drivers licensed in
Illinois, or licensed in other states for offenses committed in Illinois.
t)          Monitor
Reports Received after Reinstatement.  If the Secretary receives a monitor
report after the BAIID permittee's driving privileges have been reinstated
showing a violation that would have led to reinstatement being denied, the
Secretary shall cancel the driving privileges and notify the permittee of the
cancellation.  The permittee shall be further notified that the permittee may
apply to have the permit reissued, conditioned upon reinstalling the BAIID and
payment of all applicable fees, unless otherwise prohibited by this Section.
The Secretary shall also notify the permittee of the right to request a hearing
to contest the cancellation.

## Nearby sections

- [92 Ill. Adm. Code 1001.400 Section 1001.400  Applicability; Statement of Principle and Purpose](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_400.md)
- [92 Ill. Adm. Code 1001.410 Section 1001.410  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_410.md)
- [92 Ill. Adm. Code 1001.420 Section 1001.420  General Provisions Relating to the Issuance of Restricted Driving Permits](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_420.md)
- [92 Ill. Adm. Code 1001.430 Section 1001.430  General Provisions for Reinstatement of Driving Privileges after Revocation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_430.md)
- [92 Ill. Adm. Code 1001.440 Section 1001.440  Provisions for Alcohol and Drug Related Revocations, Suspensions, and Cancellations](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_440.md)
- [92 Ill. Adm. Code 1001.441 Section 1001.441  Procedures for Breath Alcohol Ignition Interlock Device Conditioned RDPs](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_441.md)
- [92 Ill. Adm. Code 1001.442 Section 1001.442  BAIID Provider Certification Procedures and Responsibilities; Certification of BAIIDs; Inspections; BAIID Installer's Responsibilities; Decertification of a BAIID Provider](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_442.md)
- [92 Ill. Adm. Code 1001.443 Section 1001.443  Breath Alcohol Ignition Interlock Device Multiple Offender - Compliance with Interlock Program](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_443.md)
- [92 Ill. Adm. Code 1001.444 Section 1001.444  Monitoring Device Driving Permit (MDDP) Provisions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_444.md)
- [92 Ill. Adm. Code 1001.450 Section 1001.450  New Hearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_450.md)
- [92 Ill. Adm. Code 1001.460 Section 1001.460  Requests for Modification of Revocations and Suspensions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_460.md)
- [92 Ill. Adm. Code 1001.465 Section 1001.465  Cancellation of Driving Privileges; Hearing to Contest and Show Cause Hearing](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_465.md)
- [92 Ill. Adm. Code 1001.470 Section 1001.470  Renewal, Correction and Cancellation of RDPs](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_470.md)
- [92 Ill. Adm. Code 1001.480 Section 1001.480  Unsatisfied Judgment Suspensions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_480.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_441. Check the current official text before relying on it. Not legal advice.