a) The
Secretary of State has discretionary
authority to suspend or revoke the driving
privileges of any person upon receipt of evidence that the person has committed
one or more of the following offenses listed in IVC Section 6-206.
1) If any person has permitted an unlawful
use of a
driver's license,
identification card, or
permit by allowing another
person to use any license,
identification card or
permit, the
Department shall
take the following action pursuant to IVC Section 6-206(a)(5):
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
2) If
any person has made a false statement or made any false affidavit or has
knowingly concealed or affirmed falsely to a material fact or used
false
information or identification in an application for a
driver's license,
identification card or
permit, the
Department shall take the following action
pursuant to IVC Section 6-206(a)(9):
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense with open or
pending revocation
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
3) If
any person has possessed, displayed or attempted to fraudulently use any
driver's license,
identification card, or
permit not issued to that person, the
Department shall take the following action pursuant to IVC Section
6-206(a)(10):
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
4) If
any person has submitted to any portion of the application process for another
person or has obtained the services of another person to submit to any portion
of the application process for the purpose of obtaining a
driver's license,
identification card or
permit for some other person, the
Department shall take
the following action pursuant to IVC Section 6-206(a)(12):
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
5) If
any person has violated IVC Section 6-301, 6-301.1 or 6-301.2 or Section 14,
14A or 14B of the Illinois
Identification Card Act [
15 ILCS
335/14, 14 A or 14B], the
Department shall take action
appropriate for the violation committed pursuant to IVC Section 6-206.
A) Unlawful use of
driver's license,
permit
or
identification card: If any person has displayed or caused to be displayed
or had in his possession any cancelled, revoked or suspended
driver's license,
permit or
identification card; allowed unlawful use of
driver's license,
permit
or
identification card; lent his
driver's license,
permit or
identification
card to any other person or knowingly allowed the use thereof by another; or
displayed or represented as his own any
driver's license,
permit or
identification card issued to another, the
Department shall take the following
action pursuant to IVC Section 6-301 or Section 14 of the Illinois
Identification Card Act:
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
B)
Fictitious or
unlawfully altered driver's license,
identification card or
permit: If any person has knowingly possessed or displayed any fictitious or
unlawfully altered driver's license,
identification card or
permit; knowingly
issued or assisted in the issuance of a
fictitious driver's license,
identification card or
permit; or knowingly manufactured, possessed,
transferred or provided any identification document for the purpose of
obtaining a
fictitious driver's license,
identification card or
permit, the
Department shall take the following action pursuant to IVC Section 6-301.1 or
Section 14 of the Illinois
Identification Card Act:
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
C)
Fraudulent driver's license or
permit: If any person has committed a violation
of IVC Section 6-301.2(b)(1) through (6), (11) or (12) or Section 14B(b)(1)
through (6) of the Illinois
Identification Card Act, the
Department shall take
the following action pursuant to IVC Section 6-206(a)(14):
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
D)
Fraudulent driver's license or
permit: If any person has committed a violation
of IVC Section 6-301.2(b)(7) through (10) or Section 14B(b)(7) through (10) of
the Illinois
Identification Card Act, the
Department shall take the following
action pursuant to IVC Section 6-206(a)(14):
ACTION TABLE
|
Offenses
|
Action
|
|
1st or subsequent
Offense
|
Revocation; or
|
6) If any person has permitted another person
to use any form of that person's identification in the application process to
obtain a
driver's license,
identification card, or
permit, the
Department shall
take the following action pursuant to IVC Section 6-206(a)(25):
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
7) If
any person has unlawfully altered or attempted to alter or possessed an altered
driver's license,
identification card, or
permit, the
Department shall take the
following action pursuant to IVC Section 6-206(a)(26):
ACTION TABLE
|
Offenses
|
Action
|
|
1st Offense
|
12-month Suspension
|
|
1st Offense (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Offense
|
Revocation; or
|
8) If
any person has been convicted of violating Section 6-20(c) of the Liquor
Control
Act of 1934, and the person was an occupant of a motor vehicle at the
time of the violation, the
Department shall take the following action pursuant
to IVC Section 6-206(a)(38):
ACTION TABLE
|
Convictions
|
Action
|
|
1st Conviction
|
12-month Suspension
|
|
1st Conviction (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Conviction
|
Revocation; or
|
9) If a
person has been convicted of violating Section 10-15(b) or 10-20(b) of the
Cannabis Regulation and Tax
Act, the
Department shall take the following action
pursuant to the IVC Section 6-206(a)(52):
ACTION TABLE
|
Convictions
|
Action
|
|
1st Conviction
|
12-month Suspension
|
|
1st Conviction (with open or
pending revocation)
|
Revocation
|
|
2nd or subsequent
Conviction
|
Revocation.
|
b) The sources of acceptable proof of the
offenses described in subsection (a) are court documents, driver services
facility applications, government entity documents, and law enforcement
correspondence/reports.
c) Persons
who have applied for federal amnesty pursuant to the Immigration Reform and
Control Act of 1986 (P.L. 99-603) shall not be suspended or revoked under
subsection (a) if they show proof to the Department that they have applied for
federal amnesty, unless they are otherwise ineligible to be licensed as drivers
or granted a permit, as provided by IVC Section 6-103. Proof shall be the
application documents for federal amnesty issued by the U.S. Citizenship and
Immigration Services verifying that the individual has applied for federal
amnesty. If an individual seeking federal amnesty has previously been found by
the Department to be in violation of this Section or if the Department receives
a report from individuals or agencies listed in subsection (b) that a person
applying for federal amnesty has been convicted of committing a criminal act
involving the use of their identification card, driver's license or permit in
violation of the Criminal Code of 2012 [720 ILCS 5 ], driving privileges shall
be suspended or revoked by the Department in accordance with subsection
(a).
d) The Director of the
Department of Driver Services shall rescind a suspension or revocation or
reduce the period of a suspension for fraudulent activity if the Secretary's
Office of the Inspector General or Office of the Executive Inspector General
gives the Director sufficient evidence demonstrating the person has cooperated
in the course of an official investigation regarding the sale, manufacture,
issuance or receipt of a fraudulent or fictitious driver's license, permit or
identification card. Sufficient evidence of cooperation will be shown by a
written statement to the Director signed by the supervising official of the
Office of the Inspector General or Office of the Executive Inspector General.
Whether the person cooperated in an investigation will be determined by the
Office of the Inspector General or Office of the Executive Inspector
General.
Notes
Ill. Admin. Code
tit. 92, §
1040.32
Amended at 35
Ill. Reg. 8512, effective May 31, 2011
Amended at
45
Ill. Reg. 755, effective
12/23/2020
Amended at
47
Ill. Reg. 205, effective
12/21/2022
Amended at
47
Ill. Reg. 11480, effective
7/12/2023
