Ill. Admin. Code tit. 92 § 1040.40

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

Section 1040.40 - Suspension or Revocation for Repeated Convictions or Collisions

a) A person who has been repeatedly involved as a driver in motor vehicle accidents or repeatedly convicted of traffic offenses to a degree that indicates the lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle, or whose record indicates disrespect for traffic laws and the safety of other persons on the highway, shall be reviewed by the Department for possible driver's license and/or driving privilege suspension or revocation pursuant to IVC Section 6-206(a)(3). Upon review, if a determination is made by the Department that additional convictions accumulating 90 or more points have been received after the effective date of a 12-month suspension or revocation entered under Section 1040.30, or under this Section and the 90 or more additional or accumulated points were a result of convictions occurring during the same period of time as the convictions used for the 12-month suspension, the person's driving privileges shall be revoked pursuant to IVC Section 6-206(a)(3).

b) A person who has been convicted of three or more point assigned traffic violations committed within a 12-month period as listed in Section 1040.20 (Type Action 87, 97 or 99), excluding any conviction previously used as a basis for action, shall be identified for review for possible driver's license and/or driving privilege suspension or revocation pursuant to IVC Section 6-206(a)(3).

1) If a person's driving record indicates one or more prior suspensions or revocations pursuant to IVC Section 6-206(a)(3) within a seven-year period from the effective date of the revocation, the following point table shall be used to enter an order of revocation and shall be recorded to the driving record:

POINT TABLE

Number of Points		Action
0 through 14		No Action
15 or more		Revocation

2) If a person's driving record indicates two or more prior suspensions or revocations within a seven-year period from the effective date of the suspension or revocation, excluding miscellaneous suspensions and suspensions or revocations pursuant to IVC Section 6-206(a)(3), the following point table shall be used in computing whether an order of suspension or revocation is to be entered and recorded to the driving record:

POINT TABLE

Number of Points		Action
0 through 14		No Action
15 through 109		12-month Suspension
110 or more		Revocation

3) If a person has a point total that exceeds 109 and more than six months has elapsed between the time of the last conviction date and the effective date of the order of revocation, an order of revocation shall be entered and recorded to the driving record.

4) Notice of suspension or revocation will be given pursuant to IVC Sections 2-114 and 6-209.

c) An order of revocation shall be entered and recorded to the driving record pursuant to IVC Section 6-206(a)(3) if:

1) The person has a 12-month suspension or revocation in effect pursuant to IVC Section 6-206(a)(36); and

2) During the same 24-month period, the person is convicted of two or more point-assigned traffic violations totaling 65 or more points (Type Action 87, 97 or 99), excluding any conviction previously used as a basis for a suspension or revocation; and

3) The person was under age 21 at the time the point-assigned traffic violations occurred.

d) An order of revocation shall be entered and recorded to the driving record pursuant to IVC Section 6-206(a)(3) if:

1) The person is convicted of two or more points assigned traffic violations committed while the person was under the age of 21; and

2) The point total for those convictions exceeds 79; and

3) More than six months have elapsed between the latest conviction date and the effective date of the order of revocation.

e) If a person has been repeatedly involved as a driver in motor vehicle accidents or repeatedly convicted of traffic offenses to a degree that indicates the lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or his/her driving record indicates disrespect for traffic laws and the safety of other persons on the highway, that person shall be reviewed by the Department for possible driver's license and/or driving privilege revocation pursuant to IVC Section 6-206(a)(3). Upon review, if a determination is made by the Department that additional convictions accumulating 65 or more points have been received after the effective date of a 12-month suspension or revocation entered under Section 1040.29 and the 65 or more additional or accumulated points were a result of convictions occurring during the same period of time as the convictions used for the 12-month suspension or revocation, that person's driving privileges shall be revoked pursuant to Section 6-206(a)(3).

Ill. Admin. Code tit. 92, § 1040.40

Amended at 33 Ill. Reg. 2603, effective January 22, 2009