Ill. Admin. Code tit. 92 § 1040.70

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1040.70 - Problem Driver Pointer System

a) Before issuing or renewing a license for every non-CDL applicant, the Department shall make a request through the Problem Driver Pointer System (PDPS) and the Commercial Driver License Information System (CDLIS) to determine the applicant's eligibility. When a probable match is a result of an inquiry search, the system points the inquiring licensing jurisdiction (State of Inquiry (SOI)) to the licensing jurisdiction that recorded the adverse action against the driver in question (State of Record (SOR)).

b) Before issuing a commercial driver's license (CDL), the Department shall make a driver history record request through both PDPS and CDLIS for driving records from every state in which the applicant has been licensed in the last 10 years. The Secretary shall perform the record checks no earlier than 24 hours prior to issuance if the license is to be issued to a driver who does not currently possess a valid CDL from the State of Illinois and no earlier than 10 days prior to issuance for all other drivers. When a probable match is a result of an inquiry search, the system points the SOI to the SOR.

c) If the applicant has been denied issuance of an Illinois license, certain information shall be required from the other state and/or applicant, and, upon review of the information, a determination of the applicant's eligibility for licensing in the State of Illinois will be made.

d) The Department will receive a daily report that will identify selected applicants issued an Illinois license to determine if the new applicant is eligible to retain his/her Illinois license and/or privilege. The Department shall then verify the validity of the applicant's driving status by contacting the SOR and/or the National Driver Register (NDR).

e) If it is determined from the review that the applicant is not eligible for an Illinois license due to the withdrawal of his/her driving privileges by another state, the Department shall cancel the driving privileges pursuant to IVC Section 6-201(a)(5).

f) If an applicant has falsified information on an application for a driver's license, the applicant shall be suspended pursuant to IVC Section 6-206(a)(9) for 12 months if it is the first offense. If it is the second offense or if the driving record contains an open or pending revocation, driving privileges shall be revoked pursuant to IVC Section 6-206(a)(9).

g) After cancellation, full driving privileges shall not be restored until after restoration in the other state and a clearance letter or verification from that state is received and processed by the Department.

h) If a person's driving privileges have been suspended, his/her driving privileges shall be restored at the termination of the suspension and upon acceptance of the required reinstatement fee as provided for in IVC Section 6-118. A person whose driving privileges have been revoked, is eligible to be considered for reinstatement of driving privileges after the successful completion of all necessary requirements of the Department pursuant to IVC Section 2-110.

i) Upon receipt of a request from the driver licensing authority of another state for the driver history record of a person applying for a CDL who is currently or previously licensed by Illinois, the Department shall provide the information to the requesting state within 30 days.

Ill. Admin. Code tit. 92, § 1040.70

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