Ill. Admin. Code tit. 92 § 1030.96

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

Section 1030.96 - Seasonal Restricted Commercial Driver's License

a) In order to be eligible for a seasonal restricted CDL, the driver applicant must meet the following standards:

1) The driver applicant must be employed by one or more of the following farm-related services:

A) Farm retail outlet and/or supplier;

B) Agri-chemical business;

C) Custom harvester;

D) Livestock feeder;

2) The driver applicant must have held a valid driver's license for at least a period of a one year prior to the date of application for a seasonal restricted CDL;

3) The driver applicant must have a valid Illinois non-CDL Class B driver's license;

4) The driver applicant shall not have more than one driver's license;

5) The driver applicant's driving privileges must not have been suspended, revoked, canceled or disqualified in this State or any other state within two years prior to application for a restricted CDL;

6) The driver applicant must not have been convicted of a "serious traffic violation" in any class of motor vehicle within two years prior to application for a restricted CDL;

7) The driver applicant's driving record shall not contain any convictions for accident-related violations or at-fault accidents in any class of motor vehicle within two years prior to the application for a restricted CDL;

8) The driver applicant must submit with the initial application for a restricted CDL a letter from the initial employer verifying that the driver applicant is employed in one of the required farm-related services. The driver applicant must also complete the safety checklist on the application regarding the safe operation of the vehicle.

A) The safety checklist shall include a demonstration and discussion, by the employer with the employee/driver applicant, of the following features for the safe operation of a commercial motor vehicle:

i) parking (hand) brake;

ii) headlights;

iii) parking lights;

iv) emergency (hazard) lights;

v) brake lights;

vi) tires;

vii) horn;

viii) turn signals;

ix) windshield wipers;

x) rear/side vision mirrors;

xi) gear shift;

xii) safety belts.

B) The employee/driver applicant must be informed by the employer:

i) that trucks require more turning area than cars;

ii) that trucks require greater stopping distance (at least one vehicle length for every 10 MPH between you and the vehicle ahead of you);

iii) to allow more time for acceleration when pulling out into traffic;

iv) to obey weigh station scale signs;

v) to obey the posted speed limits;

vi) to cautiously approach low overheads such as gas station and motel canopies, bridges, toll booths and drive-throughs;

vii) to avoid backing up the truck, but, if necessary, have someone guide you;

viii) to drive and park cautiously on hills.

b) Prior to the issuance of a restricted CDL, the Department shall perform a records check through the Commercial Driver's License Information System (CDLIS).

c) All driver applicants issued a restricted CDL shall be allowed to operate the kind and type of vehicles as follows:

1) Class B: Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR. Holders of a Class B license may operate all vehicles of Classes B, C and D, but are not authorized to operate motorcycles or motor-driven cycles.

2) In order to transport hazardous materials intrastate, a restricted CDL holder must be at least 18 years of age.

3) In order to transport hazardous materials interstate, a restricted CDL holder must be at least 21 years of age.

4) A restricted CDL holder may transport only the following hazardous materials:

A) 1,000 gallons or less of diesel fuel;

B) 3,000 gallons or less of liquid fertilizer; or

C) Solid fertilizers that are not mixed with any organic substance.

d) A restricted CDL shall be issued for either a 180-day period or two 90-day periods in any 12-month period. In no event shall the second 90-day period exceed the expiration of the 12-month period. If the driver applicant elects the two 90-day periods, the applicant will receive a restricted CDL prior to each period. Prior to the issuance of the second restricted CDL, the Department shall review the driver applicant's driving record for any violation as outlined in subsections (a)(5) through (a)(7). The driver applicant shall be issued the second restricted CDL if the driver applicant is not otherwise ineligible.

e) A restricted CDL shall be valid only within 150 air miles from the farm or farm-related business being served. The holder of a restricted CDL shall, at all times while employed by a farm-related service and operating a commercial motor vehicle, have in possession verification of employment that includes the location of the employer's farm or farm-related business.

f) All fees shall be as required by IVC Section 6-118. A restricted CDL may be revalidated without fee for up to four years from the date of issuance of the first restricted CDL.

g) A restricted CDL shall be invalidated and/or further action shall be taken against the individual's driving privileges if any of the following is received by the Department:

1) Reliable written evidence that the individual is no longer employed by one of the required farm-related services;

2) Reliable written evidence that the individual has not held a motor vehicle driver's license for at least one year prior to the date of application for a restricted CDL;

3) Reliable written evidence that the individual no longer has a valid non-CDL Class B Illinois driver's license;

4) Reliable written evidence that the individual's driving privileges have been suspended, revoked, canceled or disqualified in this State or any other state;

5) Reliable written report of a conviction of a "serious traffic violation" in any class of motor vehicle;

6) Reliable written report for a conviction of an accident-related traffic law violation and/or at-fault accident;

7) Reliable written evidence of any violation of this Part.

h) An individual whose restricted CDL has been invalidated shall not be eligible to apply for another restricted CDL until the expiration of two years from the effective date of the invalidation.

i) An individual who possesses a restricted CDL shall be subject to the disqualification provisions of IVC Section 6-514.

j) An individual who possesses a restricted CDL shall be subject to the prohibitions against driving a commercial motor vehicle while having any alcohol, other drug, or both in the person's system as outlined in IVC Section 6-515.

k) An individual who possesses a restricted CDL shall be subject to the implied consent requirements for commercial motor vehicle drivers outlined in IVC Section 6-516.

l) An individual who possesses a restricted CDL shall be subject to the implied consent warning as outlined in IVC Section 6-517.

m) An individual whose restricted CDL has been disqualified and/or invalidated who wishes to have a hearing shall follow the procedures outlined in IVC Section 6-520.

n) A driver applicant for a seasonal restriction CDL is not required to complete entry-level driver training.

Ill. Admin. Code tit. 92, § 1030.96

Amended at 33 Ill. Reg. 2391, effective January 21, 2009

Amended at 46 Ill. Reg. 7823, effective 4/27/2022