Ill. Admin. Code tit. 92, § 1040.46 - Suspension or Revocation for Personal Injury Suspensions or Revocations
a) The Department
shall review accidents in which a personal injury has occurred and an
individual has been convicted of a traffic offense in accordance with Section
1040.20. No
action shall be taken by the Department unless the traffic accident report
completed by a law enforcement officer indicates a personal injury that has
been designated as a Type A injury and the injured party was transported to a
hospital. No action shall be taken in a personal injury case if the only Type A
injury indicated was for the individual convicted of the traffic violation.
Fatal accidents that occur on or after January 1, 2011 shall not be subject to
subsections (a) through (f), but shall be subject to subsection (g).
b) Suspensions and revocations under these
provisions shall be based on the number of points a person has accumulated and
upon review of the individual's prior driving record, unless the conviction is
an immediate action violation for which no points are assigned. The points
shall be assigned in the following manner:
1)
Five points shall be added to a person's point total for a Type A injury to a
maximum of four persons. Five additional points shall be assigned for each Type
A injury for the fifth and each subsequent Type A injury.
2) For the most serious conviction resulting
from the accident, the same amount of points assigned to the conviction
pursuant to Section
1040.20 shall
be added to the person's point total.
3) Ten points shall be added to the person's
point total for each previous two-month suspension entered in accordance with
IVC Section 6-206(a)(2). Fifteen points shall be added to the person's point
total for any other previous non-alcohol related suspension and 20 points shall
be added to the person's point total for any alcohol related suspension or any
revocation within two years prior to or one year subsequent to the accident.
Miscellaneous suspensions shall not be counted as prior or subsequent
suspensions.
4) Ten points shall
also be added to the person's point total for each conviction of reckless
driving in violation of IVC Section 11-503, speeding in excess of 25 miles per
hour over the speed limit in violation of IVC Section 11-601(b), or operating a
motorcycle on one wheel in violation of IVC Section 11-1403.2 issued within two
years prior to or one year subsequent to the accident.
5) Five points shall be added to the person's
point total for any traffic-related conviction issued within two years prior to
or one year subsequent to the accident with the following exceptions:
A) No conviction associated with a previous
suspension or revocation shall be used.
B) Only the most serious conviction resulting
from the accident under review shall be used.
c) For accidents involving personal injury,
if a person accumulates zero to 39 points the Department shall take no action.
Forty to 49 points shall result in a three-month suspension. Fifty to 59 points
shall result in a 6-month suspension and 60 to 74 points shall result in a
12-month suspension. Seventy-five or more points shall result in a
revocation.
d) Any person whose
driving privileges were suspended, revoked or cancelled at the time of the
personal injury accident shall have his/her driving privileges revoked. Any
person who, as a result of a fatal or personal injury accident, is convicted of
passing a stopped school bus in violation of IVC Section 11-1414 shall have
his/her driving privileges revoked.
e) In accordance with IVC Section
6-206(a)(4), any suspension or revocation imposed shall start no later than six
months after the conviction of the individual for violating a traffic ordinance
related to the accident or no more than one year subsequent to the date of the
accident involving a personal injury, whichever date occurs later.
f) Any person involved in a fatal accident
who is convicted of an immediate action violation as defined in Section
1040.20 shall
have his/her driving privileges revoked under the applicable IVC
Section.
g) Any person who is
convicted of an offense regulating the movement of traffic with an arrest date
on or after January 1, 2011 that resulted in proximate death of any person
shall have his/her driving privileges revoked under IVC Section
6-205(a)(16).
Notes
Amended at 35 Ill. Reg. 1667, effective January 13, 2011
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.