Ill. Admin. Code tit. 92 § 1001.420

Current through Register Vol. 48, No. 45, November 8, 2024

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

a) Burden of Proof. In every petition for driving relief, the petitioner must prove, by clear and convincing evidence, that the petitioner will not endanger the public safety and welfare.

1) Burden of Proof; Not Eligible for Reinstatement - Hardship Required. Petitioners who are not eligible for reinstatement of driving privileges or whose driving privileges are suspended at the time of their hearing must prove, by clear and convincing evidence, that there is no reasonable alternative means of transportation available, that they will not endanger the public safety and welfare, and that an undue hardship will result if they are not issued an RDP. The Secretary of State does not weigh the nature or extent of a petitioner's hardship against the risk the petitioner poses to the public safety and welfare. Rather, the petitioner must first carry the burden of proving that the petitioner will not endanger the public safety and welfare in order for the Secretary of State to consider whether the petitioner has an undue hardship.

2) Burden of Proof; Eligible for Reinstatement - Hardship Not Required. The Secretary reserves the discretion to issue an RDP to petitioners who are eligible for reinstatement at the time of their hearing, when warranted by the facts and circumstances reflected in the evidence submitted at the petitioner's hearing, and subject to the terms and conditions of Sections 1001.430 and 1001.440.

b) RDP Classifications

1) Employment. A petitioner for an employment related RDP must be currently employed, or present a verifiable commitment for employment, and the employment must be verified upon forms prescribed by the Department. If the petitioner is self-employed, evidence of self-employment can include, but is not limited to, stationery, business card, official receipt, check, State or Federal tax returns or letters from business associates.

2) Medical or Treatment. A petitioner for an RDP for medical or treatment purposes must provide verifiable documentation from the licensed physical or mental health care provider involved that the petitioner or a member of the petitioner's immediate family (who is unable to operate a motor vehicle) must receive or is receiving services on a regularly scheduled basis.

3) Court Ordered Activities and Community Service. A petitioner for an RDP for court ordered activities or community service must provide certified court documents detailing the terms of the service or activity, including but not limited to the place or places the service or activity is performed, the hours during which the service or activity is to be performed and the nature of the service or activity. This does not include getting to and from primary treatment for alcohol/drug abuse. The attendance or participation in treatment or support meetings must be verified and documented in the manner specified in this subsection (b)(3).

4) Educational. A petitioner for an educational RDP must be currently enrolled, or intend to enroll for the next available session, in an accredited educational institution for the purpose of taking an accredited educational course or courses, to attend or participate in functions and activities required to maintain the student's status as a currently enrolled student, or to fulfill the requirements of a scholarship. A petitioner who is applying for an educational RDP to enable the petitioner to drive members of the petitioner's immediate family to school or other education pursuits, as defined in this subsection (b)(4), must provide evidence that the members of the immediate family are currently enrolled, or will be enrolled for the next available session, in an accredited pre-school, elementary school or high school, or their equivalent. Prior to the issuance of any educational RDP, the petitioner must submit verification by the institution of the petitioner's, or the immediate family member's, enrollment. The verification shall be on a form provided by the Secretary of State.

5) Support/Recovery

A) A petitioner for a support/recovery program RDP must provide verifiable documentation, from members of the group or program, that the petitioner has been attending meetings on a regular basis.

B) A petitioner who wishes to begin or resume participation in a support/recovery program, but who resides alone or in a household in which there is no other licensed driver and/or resides in a remote location in or near a community in which public transportation is not available, will be considered for a support/recovery program RDP if the petitioner proves abstinence from all alcohol and drugs for a minimum of 12 months and has satisfied the other provisions of this Subpart.

6) Day Care. A petitioner who requests an RDP for day care purposes must identify the children or other person who is to receive the day care services, specify the nature of the services, and provide verifiable documentation from the day care provider that it is providing day care services to a member of the petitioner's immediate family. The verification shall be on a form provided by the Secretary of State. A person's disability must be verified by providing the Department with a copy of the person's Illinois Disabled Person Identification Card. An elderly person's age must be verified by providing the Department with a copy of the person's Illinois Identification Card, Social Security Card, birth record, or some other, credible proof of age. The petitioner must also be able to verify the reason why the elderly person is not able to drive independently.

7) Reckless Homicide, Aggravated DUI Involving a Fatality, and Lifetime Revocations. A petitioner who has an open revocation for reckless homicide or aggravated driving under the influence that involved a fatality, or whose driving privileges are revoked for life, must submit, with the petition for driving relief, either a copy of the Order of the circuit court that states the sentence received upon conviction, certified by the Clerk of the Court, or a document from the Department of Corrections that reflects: the offense for which the petitioner was imprisoned; the date of release from imprisonment; and the terms of release or parole. For the purpose of determining a petitioner's eligibility for the issuance of a restricted driving permit pursuant to IVC Sections 6-205(c) and 6-206(c)3, the date of release from imprisonment refers to the imprisonment on the conviction for the offense and does not include release from imprisonment for a violation of parole or probation. It is the responsibility of the petitioner to provide documentation that clearly reflects the date of release from imprisonment.

8) Except as specified in subsection (b)(7), the verifications and documentation required by this Section need not be provided at the time of the hearing. It is, however, strongly encouraged and it is the petitioner's responsibility to provide detailed contact information when applicable. Furthermore, the failure of the petitioner to provide verification or documentation at the time of the hearing is not a sufficient basis, in and of itself, to deny driving relief.

c) Jurisdiction/Eligibility. An RDP may be granted only after suspension, revocation, or cancellation for the offenses listed in IVC Sections 6-205, 6-206, 6-303 or 6-201(a)5 as it relates to IVC Sections 6-103.4, 11-501.1, 11-501.6 and 11-501.8. Petitioners who are eligible to apply for an MDDP are not eligible for and will not be considered for an RDP, except as provided in Section 6-206.1(l) or this Part.

d) Undue Hardship - Burden of Proof and Types. If not yet eligible for reinstatement, a petitioner must prove by clear and convincing evidence that an undue hardship is currently being suffered as a result of the inability to legally operate a motor vehicle. Mere inconvenience to the petitioner or family and friends is not undue hardship. The petitioner should produce clear and convincing evidence as to the unavailability of reasonable alternative means of transportation, as defined in Section 1001.410, such as but not limited to: walking, mass transit, car pools, or being driven; how the petitioner is currently getting to the destination; whether driving is required in the course of employment; the distance between the petitioner's residence and the destination; and similar factors relating to employment, necessary medical care, support/recovery program meetings, court ordered activity and community service, educational pursuits, and/or day care services.

1) Appropriate limits will be established for necessary on-the-job driving. The days, hours, and mileage limits will not exceed those absolutely necessary for the accomplishment of the petitioner's primary employment and shall be limited to a maximum of 12 hours per day and 6 days per week unless the request for increased limits is substantially documented, such as through an employer's verification of the petitioner's work schedule.

2) A support/recovery program RDP may include attendance at no more than 5 meetings per week.

3) An educational RDP will be subject to appropriate limits necessary to allow the petitioner or immediate family members to get to and from the subject institution/courses, schools, and educational pursuits. The days and hours will not exceed those absolutely necessary for that purpose and shall be limited to a maximum of 12 hours per day and 6 days per week. Additional parameters to consider in setting these limits shall include whether the petitioner or immediate family members commute daily to the courses, schools and educational pursuits; are required to participate in clinical or student teaching programs in order to fulfill the requirements for a degree in their chosen field, to participate in functions and activities in order to maintain the student's status as a currently enrolled student, or to fulfill the requirements of a scholarship; or live on, or within a radius of one mile from, the campus and only need to drive to and from the institution on an infrequent basis (less than once per week) and are then able to get to the courses or the educational pursuits by other means of transportation. An educational permit will not be issued to allow a student to drive between the student's permanent residence and the educational institution on a weekend visit. The permit shall expire at the conclusion of the period for which it is granted.

4) A petition for a day care RDP will be considered to allow the petitioner to drive the child to a day care provider while the petitioner is engaged in other activities, regardless of whether the petitioner is issued an RDP to drive to and from those activities, and to enable the child to receive day care services.

A) A petition for a day care RDP will be considered for noncustodial parents. Factors to be considered include, but are not limited to, how frequently the noncustodial parent requests permission to transport the children, the distance between the petitioner's residence and that of the custodial parent, the route to be traveled, which must be consistent and in conjunction with the other activities engaged in by the petitioner, and any other relevant evidence presented by the petitioner.

B) In relation to day care for an elderly or disabled member of the petitioner's immediate family, a day care RDP will be considered to allow the petitioner to drive the person to a day care provider to receive identifiable services and to allow the petitioner to drive the person to a day care provider while the petitioner is engaged in other activities, regardless of whether the petitioner is issued an RDP to drive to and from those activities.

e) A petitioner shall be permitted to stop for gas, to use electric vehicle charging stations, or emergency vehicle repairs while driving on an RDP. Routine vehicle care, including but not limited to oil changes, tire rotation, alignment and emission testing, or service performed substantially outside the geographical parameters of the permit, does not qualify for this exception.

f) Factors Considered. Factors that will be considered by the Department in determining the propriety of granting a petitioner an RDP include, but are not limited to: the petitioner's age; whether the petitioner has driven while suspended or revoked; duration of present employment; number of years licensed to drive; number, severity, and frequency of accidents; frequency, type, and severity of traffic violations; efforts at rehabilitation or reform of past driving practices; demeanor of petitioner in the hearing; credibility of petitioner and witnesses in the hearing; credibility of and weight given to the petitioner's documentary evidence; petitioner's total driving record, including but not limited to reasons for violations, prior permits issued (unless the permits were issued pursuant to the order of a circuit or appellate court following an administrative review action), the length of time that the petitioner actually drove or has been driving on permits, and driving record while on those permits; record of performance while driving with an interlock device; driving history in another state if licensed previously; any arrest or implied consent suspension for boating or snowmobiling under the influence; petitioner's alcohol/drug-related criminal record as defined in Section 1001.410; whether the petitioner was incarcerated and successfully participated in any rehabilitative activity during incarceration; whether the petitioner complied with the terms and conditions of probation or parole; and psychiatric reports when the evidence shows that the petitioner is suffering or has suffered from a mental disorder that might affect the ability to operate a motor vehicle in a safe and responsible manner.

g) Public Safety and Welfare. Pursuant to IVC Sections 6-205(c) and 6-206(c)3, the public welfare and safety must not be endangered by the issuance of an RDP. The evidence must show that the petitioner will operate a motor vehicle safely so as not to be a danger to the petitioner or others. The mere passage of time since the date of revocation is not sufficient evidence.

h) Ticket Pending. An RDP will not be issued while any moving traffic offense is pending against a petitioner in any court of this or any other state, unless the pending citation or citations are also the only cause of the current loss of driving privileges.

i) Referral to Remedial Program. A petitioner who is otherwise eligible for an RDP may be referred to a remedial or rehabilitative program prior to the permit's issuance, if the driving record warrants these measures. (See IVC Sections 6-205(c) and 6-206(c)3.)

j) Permits For Which Hardship Not Required

1) A probationary permit is an RDP issued to the petitioner in lieu of reinstatement when eligible for reinstatement of driving privileges as a probationary device. It cannot be issued to a petitioner who is not yet eligible for reinstatement, a BMO, or a lifetime permittee.

2) A BMO RDP is issued to a person who is required to drive on a BAIID RDP for a period of 5 years pursuant to IVC Section 6-205(h), 6-208(b)(1.3) or 11.501.01(e) (2 or more prior offenses under IVC Section 11-501, or a similar provision of a local ordinance or out-of-state offense). BMO RDPs may be issued in increments of 2 years and are renewable at informal hearings, unless a petitioner has BAIID violations that were not satisfactorily explained to the BAIID Division during the reporting period, in which case the petitioner can only renew the BMO RDP at a formal hearing. A BMO permittee shall operate only vehicles with an installed, operating BAIID certified by the Secretary, regardless of whether the vehicle is owned, rented, leased, loaned or otherwise in the possession of the BMO permittee, and shall be subject to all rules and obligations of this Section pertaining to BAIID installation, use and compliance.

A) The BMO permittee must maintain 1,826 consecutive days of BAIID installation and utilization on all registered vehicles as defined in Section 1001.443(a) prior to being eligible to apply for reinstatement. Any de-installation of the BAIID device without prior approval from the BAIID Division will cause the 1,826 consecutive day period required by Section 1001.430(e) to restart.

B) Upon the successful completion of 1,826 consecutive days on a BMO RDP, the permittee may apply for reinstatement. The Secretary of State may, in its discretion, grant reinstatement or issue an RDP that requires use of a BAIID (not a BAIID and five full years on a BMO RDP).

C) BMO RDPs will be issued, without regard to hardship, for any legitimate purpose 12 hours per day, 6 days per week within a 200- mile radius of the permittee's residence.

k) Out-of-state Resident; Eligibility. An RDP will be issued to an out-of-state resident only if that individual has a valid license to drive issued by the jurisdiction in which the individual resides or is eligible to apply for a license or restricted permit to drive; the individual has a verified employment, medical, day care, court ordered activity, or educational related need to drive in Illinois; and the individual complies with all other requirements of this Subpart.

l) New Resident of Illinois; Eligibility. An RDP will not be issued to a new resident of Illinois if driving privileges are suspended in another jurisdiction until such time as that suspension is terminated. An RDP may be issued to a new resident of Illinois if driving privileges are revoked in another jurisdiction, pursuant to IVC Section 6-103.1, under the following conditions:

1) At least one year has expired from the date of the revocation yet the revocation period has not expired; and

2) The petitioner meets all other applicable requirements of this Subpart.

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

1) A person who has been a resident of the State of Illinois for at least 10 consecutive years and has not more than one out-of-state revocation is eligible to apply for an Illinois driver's license under the following conditions:

A) Petitioner is able to prove, by clear and convincing evidence, continuous Illinois residency for at least 10 years. Proof of residence may include, but it not limited to, the forms of identification listed in 92 Ill. Adm. Code 1030.Appendix B;

B) Petitioner shall have no more than one revocation, either open or closed, on the petitioner's driving record in any other state;

C) Petitioner is eligible for reinstatement in the state of revocation; and

D) Petitioner meets all other applicable requirements of this Subpart.

2) A petitioner under this subsection (l) shall only be eligible for a non-CDL classification of Illinois driver's license. A petitioner who is not eligible for reinstatement in the state of revocation may apply for an RDP pursuant to IVC Section 6-103.1.

n) Decision. The Director or a designee shall make the final decision, on each petition, on behalf of the Secretary. If relief was sought at a formal hearing, petitioners will receive a copy of the hearing officer's Findings of Fact, Conclusions of Law, and Recommendations, and the Secretary's Order.

o) Investigative Evaluation Required

1) A petitioner will be required to complete and submit an investigative alcohol and drug evaluation as part of the Secretary's investigative process, where the evidence, including the petitioner's driving record, indicates that:

A) the current loss of driving privileges is not related to a DUI arrest/disposition yet:

i) the petitioner's/respondent's driving record contains, or other evidence indicates the existence of,a prior DUI disposition or any other conviction or loss of driving privileges that was alcohol/drug related within the last 5 years (as of the date of the hearing) for which the petitioner/respondent did not or was not required to submit to the Secretary of State an alcohol/drug evaluation to obtain driving privileges;

ii) there is credible evidence that the petitioner had any arrest or implied consent suspension for boating or snowmobiling under the influence within the last 5 years (as of the date of the hearing);

iii) the petitioner has an alcohol/drug-related criminal conviction within the last 5 years (as of the date of the hearing), as defined in Section 1001.410; or

iv) the facts of the current loss of driving privileges indicate the use or potential use of alcoholic beverages or other drugs at a time when the offender was under the age of 21 years and within the last 5 years (as of the date of the hearing); or

B) the petitioner/respondent may be a user of alcohol or any other drug to a degree that renders that person incapable of safely driving a motor vehicle. (See IVC Section 6-103.4.)

2) The petitioner will be required to complete any recommended rehabilitative activity or provide a waiver. Furthermore, if any rehabilitative activity (i.e., a driver risk education course, intervention, or treatment for alcohol/drug abuse) is recommended, then the petitioner must submit an update evaluation, as provided in this Subpart D, until the petitioner's driving privileges are reinstated. An update evaluation is required even if the waiver is based upon the fact that the petitioner completed treatment prior to the date that the investigative evaluation was conducted.

3) The requirements of this subsection (m) also apply to an investigative evaluation that is submitted by a petitioner voluntarily.

4) The Department reserves the discretion to waive the requirements of an investigative evaluation if the current criminal offense is a misdemeanor and there is no other evidence of a current alcohol or drug problem.

p) Examination. A petitioner whose driving privileges have been revoked or cancelled or whose driver's license has expired will be required to submit to a driver's license examination prior to the issuance of an RDP.

q) Fourth Conviction. The Secretary of State may issue a Lifetime RDP to any person who has a fourth or subsequent conviction and revocation for the offenses listed in IVC Section 6-208(b)(4) if that person meets the requirements of IVC Section 6-205(c)(1.5) or 6-206(c)(3)(F). If the fourth conviction was entered in another state, the record of which is available only from the PDPS, then the date of withdrawal as shown on the PDPS will be taken as the date of revocation. The person must establish an undue hardship as defined in Section 1001.410 and the person must prove an undue hardship during the entire time that the person drives on the Lifetime RDP. Lifetime RDPs will be issued only for the tasks and activities stated in this Section. A person issued an RDP pursuant to IVC Section 6-205(c)(1.5) or 6-206(c)(3)(F) who is subsequently convicted of a violation of IVC Section 11-501, a similar provision of a local ordinance or a similar offense in another state shall have the Lifetime RDP cancelled and the person may not be issued any further driving relief, including a Lifetime RDP.

Ill. Admin. Code tit. 92, § 1001.420

Amended at 31 Ill. Reg. 6185, effective May 1, 2007

Amended at 40 Ill. Reg. 834, effective 12/31/2015

Amended at 40 Ill. Reg. 6158, effective 3/23/2016

Amended at 45 Ill. Reg. 14985, effective 11/12/2021