Ill. Admin. Code tit. 92 § 1040.65

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

Section 1040.65 - Offenses Occurring on Military Bases

a) Reports of Conviction

1) All convictions for traffic offenses committed by an Illinois driver on a military base in the State of Illinois shall be reported to the Office of the Secretary of State by the Office of the Judge Advocate or other similar office from each base located in the State of Illinois on a form provided and prescribed by the Office of the Secretary of State.

2) All convictions for traffic offenses committed on a military base in the State of Illinois by an Illinois driver who is a civilian or military dependent that are adjudicated in a federal district court or by the U.S. Magistrate shall be reported by the federal district court clerk to the Office of the Secretary of State on a form provided and prescribed by the Office of the Secretary of State.

3) Reports of convictions received by the Office of the Secretary of State shall be entered upon the driver's record. Conviction shall mean that the case was disposed of or adjudicated by the U.S. District Court, the U.S. Magistrate, court-martial conviction, or non-judicial punishment pursuant to Article 15 of the Uniform Code of Military Justice ( 10 USC 810) .

b) Revocation or Suspension Action to be Imposed

1) A person, military or civilian, who has been convicted of an offense on a military base that, if committed in this State, would be grounds for mandatory revocation pursuant to IVC Section 6-205, shall have his/her driving privileges revoked. However, the period of the sanction shall not be lessened by the return of driving privileges by the Armed Forces.

2) A person, military or civilian, who has been convicted of an offense on a military base that, if committed in this State, would be grounds for suspension or revocation pursuant to IVC Section 6-206, shall have his/her driving privileges reviewed and shall be subject to the same action as if the offenses had occurred within this State. However, the period of the sanction shall not be lessened by the return of driving privileges by the Armed Forces.

3) A military person who has been convicted under the Uniform Code of Military Justice of an offense similar to one of those listed in IVC Section 6-205shall have his/her driving privileges reviewed in accordance with IVC Section 6-206(a)(24)and driving privileges may be suspended or revoked if the requirements of Section 6-206(a)(24) are met.

4) A civilian person who has been convicted in a federal district court for an offense listed in IVC Section 6-205 or 6-206 that would require suspension or revocation if committed in this State shall have the same sanction imposed as if the offenses had been reported by a State court. This action shall be taken in accordance with IVC Section 6-206(a)(6).

Ill. Admin. Code tit. 92, § 1040.65

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