Section 1040.33 Suspension or Revocation of Driver's Licenses/Permits for Fictitious or Unlawfully Altered Disability License Plate or Parking Decal or Device or Fraudulent Disability License Plate or Parking Decal or Device

Section 1040

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1040 CANCELLATION, REVOCATION OR SUSPENSION OF LICENSES OR PERMITS

SECTION 1040.33 SUSPENSION OR REVOCATION OF DRIVER'S LICENSES/PERMITS FOR FICTITIOUS OR UNLAWFULLY ALTERED DISABILITY LICENSE PLATE OR PARKING DECAL OR DEVICE OR FRAUDULENT DISABILITY LICENSE PLATE OR PARKING DECAL OR DEVICE

Section 1040.33  Suspension

or Revocation of Driver's Licenses/Permits for Fictitious or Unlawfully Altered

Disability License Plate or Parking Decal or Device or Fraudulent Disability License

Plate or Parking Decal or Device

a)         The Secretary of State has discretionary authority to suspend

or revoke the driving privileges of any person upon receipt of evidence that the

person has committed one or more of the following offenses listed in IVC Section

6-206:

1)         If the person has knowingly possessed any fictitious or

unlawfully altered disability license plate or parking decal or device in

violation of IVC Section 11-1301.5(b)(1), the Department shall take the

following action pursuant to Section 6-206(a)(34) (prior to 7/30/98 authority

was IVC Section 6-206(a)(35)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

2)         If the person has knowingly issued or assisted in the issuance

of, by the Secretary of State or unit of local government, any fictitious disability

license plate or parking decal or device in violation of IVC Section

11-1301.5(b)(2), the Department shall take the following action pursuant to

Section 6-206(a)(34) (prior to 7/30/98 the authority was IVC Section

6-206(a)(35)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

3)         If the person has knowingly altered any disability license

plate or parking decal or device in violation of IVC Section 11-1301.5(b)(3),

the Departm

206(a)(34) (prior to 7/30/98 the authority was IVC Section

6-206(a)(35)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

3)         If the person has knowingly altered any disability license

plate or parking decal or device in violation of IVC Section 11-1301.5(b)(3),

the Department shall take the following action pursuant to Section 6-206(a)(34)

(prior to 7/30/98 the authority was IVC Section 6-206(a)(35)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

4)         If the person manufactures, possesses, transfers, or provides

any documentation used in the application process whether real or fictitious,

for the purpose of obtaining a fictitious disability license plate or parking

decal or device in violation of IVC Section 11-1301.5(b)(4), the Department

shall take the following action pursuant to IVC Section 6-206(a)(34) (prior to

7/30/98 the authority was IVC Section 6-206(a)(35)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

5)         If the person knowingly provides any false information to the

Secretary of State or a unit of local government in order to obtain a disability

license plate or parking decal or device in violation of IVC Section

11-1301.5(b)(5), the Department shall take the following action pursuant to IVC

Section 6-206(a)(34) (prior to 7/30/98 the authority was IVC Section

6-206(a)(35)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

6)         If the person knowingly transfers a disability license plate

or parking decal or device for the purpose of exercising the privileges granted

to an authorized holder of a disabi

the authority was IVC Section

6-206(a)(35)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

6)         If the person knowingly transfers a disability license plate

or parking decal or device for the purpose of exercising the privileges granted

to an authorized holder of a disability license plate or parking decal or

device under the Illinois Vehicle Code in the absence of the authorized holder

in violation of IVC Section 11-1301.5(b)(6), the Department shall take the

following action pursuant to IVC Section 6-206(a)(34) (prior to 7/30/98 the

authority was IVC Section 6-206(a)(35)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

7)         If the person has knowingly possessed any fraudulent disability

license plate or parking decal or device in violation of IVC Section

11-1301.6(b)(1), the Department shall take the following action pursuant to IVC

Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section

6-206(a)(36)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

8)         If the person has knowingly possessed without authority any disability

license plate or parking decal or device-making implement in violation of IVC Section

11-1301.6(b)(2), the Department shall take the following action pursuant to IVC

Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section

6-206(a)(36)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

9)         If the person knowingly duplicates, manufactures, sells or

transfers any fraudulent or stolen disability license plate or parking decal or

device in violation of IVC Section 11-1301

authority was IVC Section

6-206(a)(36)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

9)         If the person knowingly duplicates, manufactures, sells or

transfers any fraudulent or stolen disability license plate or parking decal or

device in violation of IVC Section 11-1301.6(b)(3), the Department shall take

the following action pursuant to IVC Section 6-206(a)(35) (prior to 7/30/98 the

authority was IVC Section 6-206(a)(36)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

10)         If the person has knowingly assisted in the duplication,

manufacture, sales or transfer of any fraudulent or stolen disability license

plate or parking decal or device in violation of IVC Section 11-1301.6(b)(4),

the Department shall take the following action pursuant to IVC Section

6-206(a)(35) (prior to 7/30/98 the authority was IVC Section 6-206(a)(36)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

11)       If the person has advertised or distributes a fraudulent disability

license plate or parking decal or device in violation of IVC Section

11-1301.6(b)(5), the Department shall take the following action pursuant to IVC

Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section

6-206(a)(36)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation

ity

license plate or parking decal or device in violation of IVC Section

11-1301.6(b)(5), the Department shall take the following action pursuant to IVC

Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section

6-206(a)(36)):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation.

b)        If the person has been convicted of violating IVC Section 11-1301.3(a-1)

for the use of a disabled decal or device, who is not the holder or is not

transporting the holder or the person who uses the decal or device for

privileges granted, the Department shall take the following action pursuant to IVC

Section 6-206(a)(42):

ACTION TABLE

Convictions

Action

1

st

Conviction

1-month Suspension if offense

occurred prior to 6/1/08 or between 12/31/09 and 6/30/12

1

st

Conviction

No action if the arrest occurred between 5/31/08 and 12/30/09

1

st

Conviction

6-month Suspension

if offense occurs 7/1/12 or

after

1

st

Conviction

(with open or pending revocation)

Revocation (arrest date prior

to 6/1/08 or after 12/31/09)

2

nd

Conviction

6-month Suspension

if offense occurred on or prior

to 7/1/12

2

nd

Conviction

12-month suspension if offense

occurred on or after 7/1/12

2

nd

Conviction

(with open or pending revocation)

Revocation

3

rd

or subsequent

Conviction

Revocation

c)         The sources of acceptable proof of the offenses described in subsections

(a) and (b) are court documents, Department of Vehicle Services applications,

Driver Services facility applications, government entity documents and law

enforcement correspondence/reports.