Section 1040.1 Definitions

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1040 CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS

SECTION 1040.1 DEFINITIONS

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 test for alcohol or drugs) and 11-501.8.

"Amnesty"

– a sovereign act of forgiveness for past acts granted by a government to all

persons (or to certain persons) generally conditioned upon their return to

obedience and duty within a prescribed time as recognized by the Immigration

Reform and Control Act of 1986 (P.L. 99-603).

"Applicant"

− a person applying for an Illinois driver's license or permit.

"Authority"

– Illinois State Toll Highway Authority.

"Authorized

Holder" – an individual issued a disability license plate pursuant to IVC

Section 3-616, an individual issued a parking decal or device pursuant to IVC

Section 11-1301.2 or an individual issued a disabled veteran's license plate

pursuant to IVC Section 3-609 or 3-609.01.

"Authorized Personnel" –

the Director, a manager or administrator of the Driver Services Department or

an instructor, Secretary of State Police or Inspector General.

"Automated Traffic Law

Violation Suspension" – a suspension in accordance with IVC Section

6-306.5 for failure to satisfy fines or penalties for five or more automated

traffic law violations.

"BAIID" – Breath Alcohol

Ignition Interlock Device

rsonnel" –

the Director, a manager or administrator of the Driver Services Department or

an instructor, Secretary of State Police or Inspector General.

"Automated Traffic Law

Violation Suspension" – a suspension in accordance with IVC Section

6-306.5 for failure to satisfy fines or penalties for five or more automated

traffic law violations.

"BAIID" – Breath Alcohol

Ignition Interlock Device.

"Bribe" – any item or

thing of value, payment, or other personal advantage that an employee of the Office

of the Secretary of State, the owner or employee of any commercial driver

training school licensed by the Secretary of State, or any other individual

authorized by the laws of this State to give driving instructions or administer

any part of a driver's license examination is not authorized by law or

administrative rule to accept, knowing or reasonably believing that the item,

thing of value, payment or advantage was promised or tendered with the intent

to influence or change the performance of any act or duty related to the

issuance of a driver's license.

"Bribery" – the

solicitation or accepting of any bribe or improper offering.

"Cancellation"

– the annulment or termination by formal action of the Secretary of a person's

driver's license or permit because of some error or defect in the license or

because the licensee is no longer entitled to the license or permit.

"Chapter 13 Wage Earner Plan"

– an order by a United States Bankruptcy Court requiring a monthly payment from

the wages of a debtor.

"Clearance

Letter" – any document received from another state dated within 30 days prior

to the current process date verifying that an individual has had driving privileges

restored in that state.

"Cleared

Suspension or Revocation" – a suspension or revocation of driving

privileges that has terminated

by a United States Bankruptcy Court requiring a monthly payment from

the wages of a debtor.

"Clearance

Letter" – any document received from another state dated within 30 days prior

to the current process date verifying that an individual has had driving privileges

restored in that state.

"Cleared

Suspension or Revocation" – a suspension or revocation of driving

privileges that has terminated.

"Commercial

Driver's License" or "CDL" − a license issued to an

individual by a state or other jurisdiction of domicile, in accordance with the

standards contained in 49 CFR 383 (October 1, 2014), that authorizes the

individual to operate a class of commercial motor vehicle as defined in IVC Section

1-111.6.

"Commercial

Driver License Information System" or "CDLIS" −

the

information system established, pursuant to the Commercial Motor Vehicle Safety

Act of 1986 (CMVSA) (49 U.S.C. 2701 et seq.), to serve as a clearinghouse for

locating information related to the licensing and identification of commercial

motor vehicle drivers

[625 ILCS 5/1-111.7].

"Commercial Learner's

Permit" or "CLP" – a permit issued to an individual by a state

or other jurisdiction of domicile, in accordance with the standards contained

in 49 CFR 383 (October 1, 2014), which, when carried with a valid driver's

license issued by the same state or jurisdiction of domicile, authorizes the

individual to operate a class of commercial motor vehicle when accompanied by a

holder of a valid CDL for purposes of behind-the-wheel training.  When issued

to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel

training in a commercial motor vehicle for which the holder's current CDL is

not valid

e issued by the same state or jurisdiction of domicile, authorizes the

individual to operate a class of commercial motor vehicle when accompanied by a

holder of a valid CDL for purposes of behind-the-wheel training.  When issued

to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel

training in a commercial motor vehicle for which the holder's current CDL is

not valid.

"Commercial Motor

Vehicle"

or "CMV"

– a motor vehicle or combination of

motor vehicles used in commerce designed to transport passengers or property if

the motor vehicle:

has a gross combination weight

rating or gross combination weight of

11,794 kilograms

or more (26,001

pounds or more), whichever is greater, inclusive of any towed unit with a gross

vehicle weight rating or a gross vehicle weight of more than 4,536 kilograms

(10,000 pounds), whichever is greater; or

has a gross vehicle weight

rating or gross vehicle weight of

11,794

or more

kilograms

(26,001 pounds) or more, whichever is greater; or

is designed to transport 16 or

more

passengers

, including the driver; or

is of any size and is used in

transporting hazardous materials

as defined in 49 CFR 383.5 (October 1,

2014).

Commercial

Motor Vehicle

does not include

:

recreational vehicles, when

operated primarily for personal use;

vehicles owned by or operated

under the direction of the United States Department of Defense or the United

States Coast Guard, only when operated by non-civilian personnel

; or

is of any size and is used in

transporting hazardous materials

as defined in 49 CFR 383.5 (October 1,

2014).

Commercial

Motor Vehicle

does not include

:

recreational vehicles, when

operated primarily for personal use;

vehicles owned by or operated

under the direction of the United States Department of Defense or the United

States Coast Guard, only when operated by non-civilian personnel. This includes

any operator on active military duty; members of the Reserves; National Guard;

personnel on part-time training; and National Guard military technicians

(civilians who are required to wear military uniforms and are subject to the

Code of Military Justice); or

firefighting, police, and other

emergency equipment (including, without limitation, equipment owned or operated

by a HazMat or technical rescue team authorized by a county board under Section

5-1127 of the Counties Code

[55 ILCS 5]

), with audible and visual

signals, owned or operated by or for a governmental entity, which is necessary

to the preservation of life or property or the execution of emergency

governmental functions which are normally not subject to general traffic rules

and regulations.

[625 ILCS 5/6-500(6)]

"Commercial

Vehicle" – any vehicle operated for the transportation of persons or property

in the furtherance of any commercial or industrial enterprise, For-Hire or

Not-For-Hire, but not including a commuter van, a vehicle used in a ridesharing

arrangement when being used for that purpose, or a recreational vehicle not

being used commercially

[625 ILCS 5/1-111.8]

.

"Conviction"

–

a final adjudication of guilty by a court of competent jurisdiction

either after a bench trial, trial by jury, plea of guilty, order of forfeiture,

or default

[625 ILCS 5/6-100(b)]

-For-Hire, but not including a commuter van, a vehicle used in a ridesharing

arrangement when being used for that purpose, or a recreational vehicle not

being used commercially

[625 ILCS 5/1-111.8]

.

"Conviction"

–

a final adjudication of guilty by a court of competent jurisdiction

either after a bench trial, trial by jury, plea of guilty, order of forfeiture,

or default

[625 ILCS 5/6-100(b)].

"Conviction

-CLP

Holder" or "Conviction-CDL Holder" –

an unvacated

adjudication of guilt, or a determination that a person has violated or failed

to comply with the law in a court of original jurisdiction or by an authorized

administrative tribunal; an unvacated forfeiture of bail or collateral

deposited to secure the person's appearance in court; a plea of guilty or nolo

contendere accepted by the court; the payment of a fine or court cost

regardless of whether the imposition of sentence is deferred and ultimately a

judgment dismissing the underlying charge is entered; or a violation of a

condition of release without bail, regardless of whether or not the penalty is

rebated, suspended or probated

.

[625 ILCS 5/6-500(8)]

"Creditor" – a person to

whom a debt is owed by another.

"Curfew"

– the hours by which any person under 17 years of age may not lawfully be

present at or upon any public assembly, building, place, street or highway as

provided in Section 1 of the Child Curfew Act [720 ILCS 555/1].

"Curfew

Violation Suspension" – a suspension when a minor operates a vehicle on a

highway during the prescribed hours without an adult or as otherwise provided

for in Section 1 of the Child Curfew Act in accordance with IVC Section

6-206(a)(13).

"Debtor" – a person who

owes a debt.

"Deletion" – the

permanent removal of an entry from a driving record

of the Child Curfew Act [720 ILCS 555/1].

"Curfew

Violation Suspension" – a suspension when a minor operates a vehicle on a

highway during the prescribed hours without an adult or as otherwise provided

for in Section 1 of the Child Curfew Act in accordance with IVC Section

6-206(a)(13).

"Debtor" – a person who

owes a debt.

"Deletion" – the

permanent removal of an entry from a driving record.

"Denial

of Driver's License" – to prohibit or disallow the privilege to obtain a

driver's license while allowing the privilege to obtain an instruction permit

and limiting privileges to that of an instruction permit, if a driver's license

has previously been issued in accordance with IVC Sections 6-107(c) and

6-107(d).

"Denial

of Driving Privilege" – to prohibit or disallow the privilege to obtain a

driver's license or permit and/or the privilege to operate a motor vehicle in

accordance with IVC Sections 6-107(c) and 6-108.1.

"Department"

– the Department of Driver Services within the Office of the Secretary of

State.

"Department

of Administrative Hearings" – Department of Administrative Hearings within

the Office of the Secretary of State.

"Department

of Vehicle Services" – Department of Vehicle Services within the Office of

the Secretary of State.

"Disability

License Plate or Parking Decal or Device-Making Implement" –

any

implement specially designed or primarily used in the manufacture, assembly or

authentication of a disability license plate or parking decal or device, or a

license plate issued to a disabled veteran under IVC Section 3-609 or 3-609.01

issued by the Secretary of State or a unit of local government

[625 ILCS 5/11-1301.6(a)]

ility

License Plate or Parking Decal or Device-Making Implement" –

any

implement specially designed or primarily used in the manufacture, assembly or

authentication of a disability license plate or parking decal or device, or a

license plate issued to a disabled veteran under IVC Section 3-609 or 3-609.01

issued by the Secretary of State or a unit of local government

[625 ILCS 5/11-1301.6(a)].

"Disqualification"

–

the suspension, revocation, or cancellation of a CLP or CDL by the state

or jurisdiction of issuance; any withdrawal of a person's privileges to drive a

commercial motor vehicle by a state or other jurisdiction as a result of a

violation of state or local law relating to motor vehicle traffic control

(other than parking, vehicle weight or vehicle defect violations); a

determination by the Federal Motor Carrier Safety Administration that a person

is not qualified to operate a commercial vehicle under 49 CFR

391

[625 ILCS 5/1-115.3]

.

"Disqualified"

− the denial of the issuance of a license or permit or the invalidation

of any license or permit.

"Driving Abstract"

− a record kept by the Department of Driver Services containing all

information required by IVC Section 6-106(b) and all records of violations of

traffic laws and administrative actions pertaining to driving privileges.

"Driver's

License or Permit" – a document that permits a person to legally operate a

motor vehicle, including a restricted driving permit, instruction permit,

traffic ticket issued when the person's driver's license is deposited in lieu

of bail, suspension notice in which the suspension is not yet effective,

duplicate or corrected driver's license, temporary instruction permit,

temporary driver's license, temporary visitor instruction permit, temporary

visitor driver's license, or probationary driver's license.

"Driver

History Record" – a standardized form of limited information obtained from

the SOR when an SOI makes a history request

spension notice in which the suspension is not yet effective,

duplicate or corrected driver's license, temporary instruction permit,

temporary driver's license, temporary visitor instruction permit, temporary

visitor driver's license, or probationary driver's license.

"Driver

History Record" – a standardized form of limited information obtained from

the SOR when an SOI makes a history request.

"Driver

Remedial Education Course" – an organized remedial activity approved by

the Driver Services Department for improving the driving habits of certain

suspended drivers.  The course shall consist of individual counseling and/or

group sessions of instruction and shall not exceed two sessions or a total of

nine hours of instruction.

"Driver

Status" – the current status of a driver's license in the SOR, indicating

whether the license is currently valid, revoked, suspended or withdrawn, that

is supplied via computer automation when an SOI makes a request to an SOR.

"Electronic Payment" –

payment made by any person or corporation to the Office of the Secretary of

State by credit card or electronic transfer of funds.

"Facility Administered

Test" – an actual demonstration of the driver's license applicant's

ability to successfully pass a vision, written and/or drive test administered

by a Driver Services Facility employee or individual or entity approved by the

Department to administer such tests.

"Failure

to Appear Suspension" – a suspension that was entered prior to January 1,

2020 for failing to pay a fine or appear in court following the issuance of a

traffic ticket as defined in IVC Section 6‑306.3

to successfully pass a vision, written and/or drive test administered

by a Driver Services Facility employee or individual or entity approved by the

Department to administer such tests.

"Failure

to Appear Suspension" – a suspension that was entered prior to January 1,

2020 for failing to pay a fine or appear in court following the issuance of a

traffic ticket as defined in IVC Section 6‑306.3.

"False

Information" – any information concerning

an individual's

legal

name, address, sex, date of birth, social security number or any photograph

that:

falsifies

all or in part the actual identity of the individual issued the license, permit

or identification card;

in the case

of information concerning an address, is information concerning a non-existent

address that is used to obtain a license, permit or identification card; or

is any

combination of a false identity and a non-existent address.

[625 ILCS 5/6-301.1(a)(2) and 15 ILCS 335/14A(a)(2)]

"False

Information – Disability Plate or Parking Placard Decal or Device" – any

incorrect or inaccurate information concerning the name, date of birth, social

security number, driver's license number, physician certification, or any other

information required on the Persons with Disabilities Certification for Plate

or Parking Placard, on the Application for Replacement Disability Parking

Placard, or on the application for license plates issued to disabled veterans

pursuant to IVC Section 3-609 or 3-609.01 that falsifies the content of the

application.

"Family

Financial Responsibility Suspension" – a suspension in accordance with IVC

Section 7-702.

"Farm

Tractor" –

every motor vehicle designed and used primarily as a

farm implement for drawing wagons, plows, mowing machines and other implements

of husbandry, and every implement of husbandry that is self-propelled,

excluding all-terrain vehicles and off-highway motorcycles

[625 ILCS 5/1-120]

Family

Financial Responsibility Suspension" – a suspension in accordance with IVC

Section 7-702.

"Farm

Tractor" –

every motor vehicle designed and used primarily as a

farm implement for drawing wagons, plows, mowing machines and other implements

of husbandry, and every implement of husbandry that is self-propelled,

excluding all-terrain vehicles and off-highway motorcycles

[625 ILCS 5/1-120].

"Fictitious

Driver's License or Permit" – any issued license or permit for which a

computerized number and file have been created by the Secretary of State or

other official driver's license agency in another jurisdiction that contains

false information concerning the identity of the individual issued the license

or permit

[625 ILCS 5/6-301.1(a)(1)].

"Fictitious

Disability License Plate or Parking Decal or Device" – any issued

disability license plate or parking decal or device, or any license plate

issued to a disabled veteran under IVC Section 3-609 or 3-609.01, that has been

issued by the Secretary of State or an authorized unit of local government that

was issued based upon false information contained on the required application

[625 ILCS 5/11-1301.5(a)].

"Fictitious

Identification Card" – any issued identification card for which a

computerized number and file have been created by the Secretary of State, the

United States Government, or any other state or political subdivision thereof,

or any governmental or quasi-governmental organization that contains false

information concerning the identity of the individual issued the identification

card

[15 ILCS 335/14A(a)(1)]

.

"Financial

Responsibility Suspension" – a suspension in accordance with IVC

Section 7-304 and/or 7-305

he Secretary of State, the

United States Government, or any other state or political subdivision thereof,

or any governmental or quasi-governmental organization that contains false

information concerning the identity of the individual issued the identification

card

[15 ILCS 335/14A(a)(1)]

.

"Financial

Responsibility Suspension" – a suspension in accordance with IVC

Section 7-304 and/or 7-305.

"Fraudulent

Disability License Plate or Parking Decal or Device" – any disability

license plate or parking decal or device that purports to be an official

disability

license plate or parking decal or device and that has not been issued by the

Secretary of State or an authorized unit of local government

[625 ILCS 5/11‑1301.6(a)].

"Fraudulent

Documents" or "Falsified Documents" − any documents

submitted by or on behalf of a petitioner to the Secretary that purport or are

represented to be prepared or composed by another person, agency or entity that

did not actually prepare or compose the documents, or documents that were

prepared for a person acting as the petitioner.

"Fraudulent

Driver's License or Permit" –

any license or permit that purports

to be an official driver's license or permit for which a computerized number

and file have not been created by the Secretary of State or other official

driver's license agency in another jurisdiction

[625 ILCS 5/1-123.4].

"Fraudulent

Identification Card" – any identification card that purports to be an

official identification card for which a computerized number and file have not

been created by the Secretary of State, the United States Government or any state

or political subdivision thereof, or any governmental or quasi-governmental

organization

's license agency in another jurisdiction

[625 ILCS 5/1-123.4].

"Fraudulent

Identification Card" – any identification card that purports to be an

official identification card for which a computerized number and file have not

been created by the Secretary of State, the United States Government or any state

or political subdivision thereof, or any governmental or quasi-governmental

organization.  For the purpose of this definition, any identification card that

resembles an official identification card in size, color, photograph location,

or design, or uses the word "official", "State",

"Illinois", or the name of any other state or political subdivision

thereof, or any governmental or quasi-governmental organization individually or

in any combination thereof to describe or modify the term "identification

card" or "I.D. card" anywhere on the card, or uses a shape in

the likeness of Illinois or any other state on the photograph side of the card,

is deemed to be a fraudulent identification card.

[15 ILCS 335/1A]

"Hearing

Officer" – any person designated by the Secretary of State to preside at

any hearing conducted pursuant to the rules established by the Office of the

Secretary of State (92 Ill. Adm. Code 1001).

"Hospital"

− an institution that provides medical or surgical care and treatment for

the sick and injured.

"Identification

Card" –

any document made or issued by or under the authority of

the United States Government, the State of Illinois, or any other state or

political subdivision thereof, or any other governmental or quasi-governmental

organization that, when completed with information concerning the individual,

is of a type intended or commonly accepted for the purpose of identification of

an individual

[15 ILCS 335/14A(a)(5)]

t made or issued by or under the authority of

the United States Government, the State of Illinois, or any other state or

political subdivision thereof, or any other governmental or quasi-governmental

organization that, when completed with information concerning the individual,

is of a type intended or commonly accepted for the purpose of identification of

an individual

[15 ILCS 335/14A(a)(5)].

"Illinois

Person with a Disability Identification Card" – a standard identification

card as defined in Section 4A of the Illinois Identification Card Act [15 ILCS

335/4A] issued for no fee to persons who meet the definition of disabled as

defined in IVC Section 1‑159.1 or who have a disability so severe that it

precludes the person from obtaining an Illinois driver's license (see Section

4A(b)).

"Illinois

Vehicle Code" or "Code" or "IVC" − the Illinois

Vehicle Code [625 ILCS 5].

"Implement

of Husbandry" –

every vehicle designed and adapted exclusively for

agricultural, horticultural, or livestock raising operations, including farm

wagons, wagon trailers or like vehicles used in connection therewith, or for

lifting or carrying an implement of husbandry, provided that no farm wagon,

wagon trailer or like vehicle having a gross weight of more than 36,000 pounds

shall be

included under this definition

[625 ILCS 5/1-130].

"Instruction

Permit" – a driving permit issued to operate a motor vehicle pursuant to

the requirements of IVC Section 6-105 or 6-107.1.

"Invalidate"

– to render invalid any driver's license, permit or driving privileges.

"Law Enforcement

Officials" − police agencies, state's attorneys' offices or court

officials.

"Law

Enforcement Sworn Report" – a confirmation of correctness and truth by an

affidavit, oath or deposition, or a verification by certification, executed by

a police officer in accordance with Section 1-109 of the Code of Civil

Procedure [735 ILCS 5/1-109] and pursuant to IVC Section 11-501.1(d)

s.

"Law Enforcement

Officials" − police agencies, state's attorneys' offices or court

officials.

"Law

Enforcement Sworn Report" – a confirmation of correctness and truth by an

affidavit, oath or deposition, or a verification by certification, executed by

a police officer in accordance with Section 1-109 of the Code of Civil

Procedure [735 ILCS 5/1-109] and pursuant to IVC Section 11-501.1(d).

"License

Classification" – a notation on a driver's license or permit indicating

the type of vehicle a person is qualified to operate.

"Like

Period of Time" – an equal amount of time as the original suspension

specified.

"Mandatory Conviction

Suspension" – a suspension in accordance with IVC Section 3-707.

"Materially

Altered Documents" − any documents submitted by or on behalf of a

petitioner to the Secretary that have been physically altered or changed by

someone other than the author of the documents.

"Miscellaneous

Suspension" – a suspension for safety responsibility, financial

responsibility, warrant parking/traffic, auto emissions, failure to appear,

curfew, mandatory conviction, tollway, family financial responsibility,

automated traffic law violation, nighttime driving restriction, or unsatisfied

judgment.

"Motor Carrier"

−

any person engaged in the transport of property or passengers,

or both, for hire, over the public roads of this State, by motor vehicle

[625

ILCS 5/18C-1104(19)].

"National

Driver Register" or "NDR" – a computerized database of files on

drivers maintained by the U.S. Department of Transportation, National Highway

Traffic Safety Administration.

"Nighttime Driving

Restriction" – the hours during which a driver's privileges are not valid

pursuant to IVC Sections 6-107.1(b), 6-110(a-1) or 6-110(a-3).

"Nighttime Driving

Restriction Suspension" − a suspension when a minor operates a

vehicle on a highway during the prescribed hours without an adult or as

otherwise provided for in accordance with IVC Sections 6-107.1(b) and 6‑110(a‑1)

ion.

"Nighttime Driving

Restriction" – the hours during which a driver's privileges are not valid

pursuant to IVC Sections 6-107.1(b), 6-110(a-1) or 6-110(a-3).

"Nighttime Driving

Restriction Suspension" − a suspension when a minor operates a

vehicle on a highway during the prescribed hours without an adult or as

otherwise provided for in accordance with IVC Sections 6-107.1(b) and 6‑110(a‑1).

"Notice of Automatic

Stay" – any notice received by the Department that indicates a debtor has

filed a petition in bankruptcy, which automatically stays any proceedings

against him or her pursuant to Section 362 of the Bankruptcy Reform Act of 1978

(11 U.S.C. 362).

"Notice of Meeting of

Creditors" – a notice from the United States Bankruptcy Court informing

the entities that have a claim against the debtor that the debtor has filed

bankruptcy.

"Occupational

Driving Permit" – the document that grants and specifies limited

privileges to drivers of commercial vehicles as an occupation who have had

their full driving privileges suspended.  The occupational driving permit is

valid only when in the immediate possession of the driver to whom it is issued.

"Office"

− the Office of the Secretary of State.

"Open Cancellation or

Disqualification" – a cancellation or disqualification that appears on the

driving record and is in effect.

"Open Suspension or

Revocation" – a suspension or revocation that appears on the driving

record and is in effect.

"Parking Suspension" – a

suspension imposed for failure to pay fines or penalties for standing or

parking violations pursuant to IVC Section 6-306.5.

"Pending Cancellation or

Disqualification" – a cancellation or disqualification that appears on the

driving record and is not yet in effect.

"Pending Suspension or

Revocation" – a suspension or revocation that appears on the driving

record and is not yet in effect

– a

suspension imposed for failure to pay fines or penalties for standing or

parking violations pursuant to IVC Section 6-306.5.

"Pending Cancellation or

Disqualification" – a cancellation or disqualification that appears on the

driving record and is not yet in effect.

"Pending Suspension or

Revocation" – a suspension or revocation that appears on the driving

record and is not yet in effect.

"Petition for Discharge Filed

in Bankruptcy" – an order by a United States Bankruptcy Court relieving an

individual from all of his/her debts that are provable in bankruptcy, except

those excluded by the federal Bankruptcy Code.

"Petition in Bankruptcy"

– a petition filed in Bankruptcy Court, or with the Clerk, by a debtor seeking

the protection of the federal Bankruptcy Code.

"Petitioner" − any

person or party who is the subject of an administrative hearing before the

Secretary under the provisions of the Illinois Vehicle Code (see 92 Ill. Adm.

Code 1001).

"Prior

Suspension or Revocation" – a suspension or revocation or extension of a

suspension or revocation that appears on the driving record.

"Probationary

License" – a conditional license granting full driving privileges during a

period of suspension

[625 ILCS 5/1-164.1].

"Problem

Driver Pointer System" or "PDPS" – a pointer file consisting of

an index of problem drivers (as determined by adverse driver's license actions)

that is maintained by a driver's home state (SOR) and is accessed by other states

(SOI) to determine a person's eligibility to apply for a driver's license.

"Reckless

Driving"

– driving a motor

vehicle with a willful or wanton

disregard for the safety of persons or property or knowingly driving a vehicle

using an incline in a roadway, such as a railroad crossing, bridge approach or

hill to cause the vehicle to become airborne

[625 ILCS 5/11-503].

"Record of Judgment" –

an adjudication by the court that the defendant is guilty, including the

sentence pronounced by the court

g a motor

vehicle with a willful or wanton

disregard for the safety of persons or property or knowingly driving a vehicle

using an incline in a roadway, such as a railroad crossing, bridge approach or

hill to cause the vehicle to become airborne

[625 ILCS 5/11-503].

"Record of Judgment" –

an adjudication by the court that the defendant is guilty, including the

sentence pronounced by the court.

"Reinstatement

Fee" – the fee required by IVC Section 6-118(b) to restore a person's

driving privileges after driving privileges have been suspended or revoked.

"Request" – the written

application upon the designated form, an approved electronic format, or an

acceptable alternative for obtaining a driving abstract and supervision history

record.

"Rescind"

– to annul or void a suspension, revocation, cancellation, disqualification or

denial.

"Restricted

Driving Permit" or "RDP" – a document that grants and specifies

limited privileges to drivers of motor vehicles who have had their full driving

privileges suspended, revoked or cancelled

[625 ILCS 5/1-173.1].

"Restriction"

– the notation on a driver's license or permit indicating requirements deemed

applicable to the licensee by the Secretary of State to assure safe operation

of a motor vehicle.

"Returned Check" – a

check delivered to the Office of the Secretary of State as payment of any fee when

the check is not honored due to non-sufficient funds.

"Revocation"

–

the termination by formal action of the Secretary of a person's

license or privilege to operate a motor vehicle on the public highways, which

termination shall not be subject to renewal or restoration, except that an

application for a new license may be presented and acted upon by the Secretary

after the expiration of at least one year after the date of revocation

[625

ILCS 5/1-176]

.

"Safety

Responsibility Suspension" – a suspension in accordance with IVC Section

7-205 or 7-208.

"Schedule A-3" – a

schedule of liabilities

, which

termination shall not be subject to renewal or restoration, except that an

application for a new license may be presented and acted upon by the Secretary

after the expiration of at least one year after the date of revocation

[625

ILCS 5/1-176]

.

"Safety

Responsibility Suspension" – a suspension in accordance with IVC Section

7-205 or 7-208.

"Schedule A-3" – a

schedule of liabilities.

"Secretary

of State" – the Secretary of State of Illinois

[625 ILCS 5/1-184]

.

"State of

Inquiry" or "SOI" – a licensing jurisdiction that originated the

inquiry for a driver history record or driver status.

"State of

Record" or "SOR" – a licensing jurisdiction that originally took

action against a problem driver and reported that driver to the NDR.

"Statutory

Summary Revocation" – the revocation by the Secretary of State of a person's

license or privilege to operate a motor vehicle on the public highways for the

period provided in IVC Section 6-208.1.  Reinstatement after the revocation

period shall occur after the person has been approved for reinstatement through

an administrative hearing with the Secretary of State, has filed proof of financial

responsibility, has paid the reinstatement fee as provided in IVC Section

6-118, and has successfully completed all necessary examinations.  The basis

for this revocation of driving privileges shall be the individual's refusal to

submit to or failure to complete a chemical test or tests following an arrest

for the offense of driving under the influence of alcohol, other drugs, or

intoxicating compounds, or any combination thereof, involving a motor vehicle

accident

6-118, and has successfully completed all necessary examinations.  The basis

for this revocation of driving privileges shall be the individual's refusal to

submit to or failure to complete a chemical test or tests following an arrest

for the offense of driving under the influence of alcohol, other drugs, or

intoxicating compounds, or any combination thereof, involving a motor vehicle

accident.

[625 ILCS 5/1‑197.6]

"Statutory

Summary Suspension" – a withdrawal of a person's license or privilege to

operate a motor vehicle on the public highways due to refusal to submit to or

failure to complete or pass a chemical test or tests following an arrest for

driving under the influence of alcohol, other drugs, or intoxicating compounds,

or any combination thereof, for the periods provided in IVC Section 6-208.1.

"Stricken

on Leave" or "SOL" – stricken from court docket with permission

for charges to be reinstated at a later date.

"Supervision"

– a disposition of conditional and revocable release without probationary

supervision, but under such conditions and reporting requirements as are

imposed by the court, at the successful conclusion of which disposition the

defendant is discharged and a judgment dismissing the charges is entered

[730

ILCS 5/5-1-21].

"Supervision History

Record" − a record kept by the Department of Driver Services on each

driver containing supervision disposition information provided in accordance

with IVC Section 6-204(d).

"Suspension" –

the

temporary withdrawal by formal action of the Secretary of a person's license or

privilege to operate a motor vehicle on the public highways, for a period

specifically designated by the Secretary

[625 ILCS 5/1-204].

"Suspension

or Revocation in Effect" – a suspension or revocation that appears on the

driving record and has not terminated.

"Terminated Suspension or

Revocation" – a suspension or revocation that appears on the driving

record and is no longer in effect

se or

privilege to operate a motor vehicle on the public highways, for a period

specifically designated by the Secretary

[625 ILCS 5/1-204].

"Suspension

or Revocation in Effect" – a suspension or revocation that appears on the

driving record and has not terminated.

"Terminated Suspension or

Revocation" – a suspension or revocation that appears on the driving

record and is no longer in effect.

"Type A

Injury" – an injury that requires immediate professional attention in

either a doctor's office or a medical facility and includes severely bleeding

wounds, distorted extremities and injuries that require the injured party to be

carried from the scene.

"Trustee Report of No

Assets" – a report from the trustee of the United States Bankruptcy Court

indicating the debtor has no assets.

"Unlawfully

Altered Disability License Plate or Parking Permit or Device" –

any

disability license plate or parking permit or device, or any license plate

issued to a disabled veteran under IVC Section 3-609 or 3-609.01, issued by the

Secretary of State or an authorized unit of local government that has been

physically altered or changed in such manner that false information appears on

the license plate or parking decal or device

[625 ILCS 5/11-1301.5(a)].

"Unlawfully

Altered Driver's License or Permit" – any issued license or permit for

which a computerized number and file have been created by the Secretary of State

or other official driver's license agency in another jurisdiction that has been

physically altered or changed in such a manner that false information appears

upon the license or permit

[625 ILCS 5/6-301.1(a)(3)]

CS 5/11-1301.5(a)].

"Unlawfully

Altered Driver's License or Permit" – any issued license or permit for

which a computerized number and file have been created by the Secretary of State

or other official driver's license agency in another jurisdiction that has been

physically altered or changed in such a manner that false information appears

upon the license or permit

[625 ILCS 5/6-301.1(a)(3)].

"Unlawfully

Altered Identification Card" –

any issued identification card for

which a computerized number and file have been created by the Secretary of

State, the United States Government, any other state or political subdivision

thereof, or any governmental or quasi-governmental organization that has been

physically altered or changed in such a manner that false information appears

upon the identification card

[15 ILCS 335/14A(a)(3)].

"Unsatisfied

Judgment Suspension" – a suspension in accordance with IVC Section 7-303

or 7-313.

"Vacate"

– to set aside, annul, rescind, render void, or cancel an order.

"Valid

Driver's License or Permit" – a license or permit issued by the Secretary

of State that is of the proper classification for the purposes for which it is

being used and that has not been invalidated, denied, cancelled, revoked,

suspended, disqualified or used after curfew or during a nighttime driving

restriction.

"Warrant Parking/Traffic

Suspension" – a suspension for arrest warrants issued for failure to pay

fines for traffic or parking violations in accordance with Section 6-306.6 of

the Illinois Vehicle Code or for failure to pay a fine or penalty for 10 or

more standing, parking or compliance regulations in accordance with IVC Section

6-306.5.

"Withdrawal"

– the negating of valid driving privileges by a state as the result of

sanctions taken against driving privileges.