Ill. Admin. Code tit. 92 § 1030.15

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1030.15 - Cite for Re-testing

a) Any competent medical specialist, commissioned police officer, state's attorney, member of the judiciary, authorized Secretary of State employee or member of the judiciary may submit information to the Department relative to the physical condition of a person, including suspected chronic alcoholism or habitual use of narcotics or dangerous drugs, if that condition interferes with the person's ability to operate a motor vehicle safely (see IVC Sections 6-900 through 911). Upon receipt of a written request citing good cause, the Department shall require a driver to submit to driver's license re-testing. All written requests shall be confidential and signed by the source unless sent electronically, and the Secretary of State shall not release the information without a court order.

b) The Department shall notify the driver of the obligation to appear within five days on a choice of three given dates at a designated driver services facility nearest in location to the city or town of residence that is recorded on the driver's most recent license renewal. There will be a 10-day grace period after the third given date before the Department will cancel the driver's license or permit. If the driver notifies the Department that he/she will be unable to appear on any of the three designated dates but prior to the final day of the 10-day grace period and provides a statement on official letterhead, signed by a competent medical specialist stating that, due to an existing medical condition, the driver is or will be unable to appear on any of the three designated dates, the Department shall issue three more dates on which the driver may appear for re-testing. There will also be a 10-day grace period after the last date given for appearance prior to the Department canceling the driver's license or permit. If the driver notifies the Department that he/she will not be able to appear during any of the second set of dates, but prior to the final day of the 10-day grace period, and provides a statement on letterhead signed by a competent medical specialist that states, due to an existing medical condition, the driver is or will be unable to appear during any of the second set of dates, the Department shall notify the driver of a final set of three dates on which the driver may appear. Once the 10-day grace period expires, the Department will cancel the driver's driving privileges. The driver may not request additional dates to appear for re-testing.

c) Cited drivers shall be tested on the specific sections of the driver's license test indicated in the written request for re-testing received from the Department. If no reference to a specific section of the driver's license test was made by a competent medical specialist, commissioned police officer, state's attorney, member of the judiciary, or authorized Secretary of State employee, the Department shall administer the cited driver the complete driver's license test.

d) Drivers cited for any portion of the test shall receive only one opportunity to pass the test. Failure to pass any required portion of the test shall result in the cancellation of the person's driver's license in accordance with IVC Section 6-201. Failure of the driver cited to appear on any one of the three alternative dates indicated on the notice, or during a 10-day grace period that follows the last date, will result in the cancellation of the driver's license. A cited driver who passes all administered sections of the driver's license test shall be deemed to be in compliance with the Department's request, and shall be allowed to retain a valid driver's license.

e) A cited driver required to take the road exam who is involved in an at-fault motor vehicle crash during the road exam is required to submit a medical report, completed after the date of the crash, to the Secretary, which shall be submitted to the Board for review. The person's driver's license shall remain cancelled unless and until the Secretary receives a recommendation from the Chairperson of the Board that, in its professional opinion, the driver is medically fit to safely operate a motor vehicle. The Board may refer the driver to a driver rehabilitation specialist for assessment and may require the person to complete any rehabilitation or training or use of adaptive devices recommended by the rehabilitation specialist.

f) Driver's license tests shall be administered to the cited driver at no fee.

g) In the event of application error, two requests shall be made of the licensee to return to a Driver Services Facility to obtain a corrected license. If the licensee complies, a corrected driver's license shall be issued without a fee. If the licensee fails to comply, he/she shall be cited for re-testing. Failure to appear for re-testing or failure to pass the test shall result in cancellation of the driver's license.

h) If a facility errs in not giving a certain section of the driver's license test and the licensee has not complied with two written requests to return to a Driver Services Facility for re-testing, the driver will be cited for the section of the test previously omitted. If appearance is made and the cited driver passes the administered section of the driver's license test, he/she shall retain his/her driver's license. If the licensee fails to appear or fails the test, the driver's license shall be canceled.

Ill. Admin. Code tit. 92, § 1030.15

Amended at 33 Ill. Reg. 8489, effective June 5, 2009

Amended at 39 Ill. Reg. 8028, effective 5/21/2015