Ill. Admin. Code tit. 92 § 1030.90

Current through Register Vol. 48, No. 43, October 25, 2024

Section 1030.90 - Requirement for Photograph and Signature of Licensee on a Driver's License or Identification Card

a) Application

Every driver's license issued pursuant to IVC Section 6-110 and identification card issued pursuant to Section 4 of the Illinois Identification Card Act shall include, as an integral part of the license or card, a head and shoulder, full-faced color photograph of the applicant to whom the driver's license or identification card is being issued. A full-faced photograph must be taken without any obstruction of the applicant's facial features or any items covering any portion of the face. Prescription glasses may be allowed. The driver's license or identification card shall be a photographically generated document that also includes the required information pertaining to the applicant, the applicant's signature, and other special security features to reduce the possibility of alteration or illegal reproduction. The driver's license or identification card must utilize a photograph taken of the driver at a Driver Services Facility that is produced by equipment specifically designed for this purpose. The photograph and signature must be updated at least every 12 years for a driver's license and at least every 15 years for an identification card unless the applicant for either holds a military deferral certificate or civilian employee deferral card issued by the Department.

b) Exceptions

Exceptions may be made in the best interest of individual Illinois drivers or identification card holders as follows:

1) Established Religious Convictions in the Issuance of a Driver's License Only

A) A driver will not be required to submit to a photograph if sufficient justification is provided by the driver to establish that a photograph would be in violation of or contradictory to the driver's religious convictions. If a driver declares that the use of a photograph is against the driver's religious convictions, the driver will be given an Affidavit to be completed. This Affidavit contains designated areas for a detailed written explanation of the reasons why a photograph is against the driver's religious convictions, a place for the driver's signature and date, the designation of the religious sect or denomination involved, space for a minister or other religious leader to apply a signature attesting to the explanation the driver has offered, along with the date and official title of the minister or religious leader.

B) The Affidavit shall be forwarded by the driver to the Driver Services Department Central Office in Springfield where a review and decision will be made by the Director of the Driver Services Department relative to the issuance or non-issuance of a valid driver's license without photograph. To assist the Director in this decision, a committee of three administrative personnel will be appointed by the Director. Each Affidavit will be reviewed by each member of the committee, and each individual recommendation will be made to the Director for his final decision.

C) A non-photo temporary driver's license, not to exceed 90 days in duration, shall be issued to allow for driving privileges during the interim period while the Affidavit will be reviewed and a decision will be made by the Director.

D) Upon approval by the Director, a valid driver's license without a photograph will be issued from the Central Office utilizing an application signed by the driver. The driver's license will be mailed to the driver's home address.

2) Facial Disfigurements in the Issuance of a Driver's License Only

A) When a driver requests a driver's license without a photograph because the driver states that it is embarrassing or distasteful to submit to a photograph because of a facial disfigurement caused by disease, trauma or congenital condition, the requirement of a photograph may be waived. The Supervisor of the Driver Services Facility in which the driver appears shall make a decision, based upon the extent of the facial disfigurement, regarding the issuance of a driver's license without a photograph. Should the Supervisor approve the issuance of a driver's license without a photograph, the driver's license will be issued from the Central Office utilizing an application signed by the driver. The driver's license will be mailed to the driver's home address.

B) Should the Supervisor not approve the issuance of a driver's license without a photograph, the Supervisor will forward a written statement from the driver, along with a statement from the Supervisor providing detailed information to the Director of the Driver Services Department regarding the extent of the disfigurement and the Supervisor's justification for disapproval. The Director of the Driver Services Department may obtain further information or professional opinions to support an objective decision regarding whether a valid driver's license without the photograph may be issued.

C) A non-photo temporary driver's license, not to exceed 90 days in duration, shall be issued to allow driving privileges during the interim period while the driver's license is being issued, or the statements relating to disapproval are being reviewed and a decision is being made.

3) Out-of-State in the Issuance of a Driver's License Only

A) Drivers who are temporarily residing outside the State of Illinois or who are temporarily absent from the State at the expiration date of the driver's license may apply for a valid driver's license without photograph and signature because of their inability to appear at an Illinois Driver Services Facility. If an Illinois driver declares, in writing, that the driver is out-of-state at the time the driver's license must be renewed and submits this information with the properly completed application and renewal fee, a driver's license may be issued without the driver's photograph and signature.

B) The driver must appear at a Driver Services Facility within 45 days after returning to Illinois and exchange this valid driver's license without photograph and signature for a driver's license containing the driver's photograph and signature. This replacement driver's license is issued without additional charge to the driver. If the driver does not return to Illinois and obtain a replacement driver's license with the photograph and signature, the driver's license without the photograph and signature may not be renewed upon expiration unless the driver submits an affidavit attesting to the fact that he/she has not returned to the State of Illinois during the term of the driver's license without the photograph and signature.

C) A non-photo temporary driver's license may be issued to those drivers who plan to return to Illinois within a 90-day period. If a driver's license renewal examination is required, this examination must be taken and will not be waived. In those cases in which reciprocal agreements exist with driver's licensing entities in other jurisdictions, the Illinois examination shall be administered by a qualified representative of the jurisdiction, and the results reported to and accepted by the Illinois Department.

4) Religious Head Coverings in the Issuance of a Driver's License or an Identification Card

A) The wearing of religious head coverings for the photograph shall be allowed if the head covering does not cover any area of the open face and if the applicant signs a declaration stating that a sincerely held religious belief requires the person to wear an unconcealed religious head covering when in public, that in observation and exercise of the applicant's religious beliefs, the applicant does not normally remove the religious head covering in public unless removal is necessary, at the applicant's discretion, and that the applicant does not remove the head covering in public as a matter of courtesy or protocol, such as when in court.

B) An applicant who meets the requirements of subsection (b)(4)(A) will be given a declaration to be signed. In addition to the statements in subsection (b)(4)(A), the declaration shall include the following:

i) The applicant's name, address, and driver's license or identification card number;

ii) The language "Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this declaration are true and correct."; and

iii) A place for the applicant's signature and date.

c) Hearings

Should the Director deny the issuance of a driver's license or identification card without a photograph or signature, the individual may appeal that decision by requesting in writing a hearing pursuant to IVC Section 2-118.

Ill. Admin. Code tit. 92, § 1030.90

Amended at 37 Ill. Reg. 19342, effective November 28, 2013

Amended at 40 Ill. Reg. 7330, effective 5/2/2016

Amended at 40 Ill. Reg. 15397, effective 10/26/2016

Amended at 44 Ill. Reg. 12607, effective 7/7/2020

Amended at 48 Ill. Reg. 8386, effective 5/24/2024