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VEHICLES (625 ILCS 5/) Illinois Vehicle Code.

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State Law As of May 31, 2006VEHICLES(625 ILCS 5/) Illinois Vehicle Code.(625 ILCS 5/Ch. 1 heading)CHAPTER 1. TITLE AND DEFINITIONS(625 ILCS 5/1-101.8) (from Ch. 95 1/2, par. 1-102.02)Sec. 1-101.8. All-terrain vehicle. Any motorized off-highway devicedesigned to travel primarily off-highway, 50 inches or less in width,having a manufacturer's dry weight of 900 pounds or less, traveling on3 or more low-pressure tires, designed with a seat or saddle foroperator use, and handlebars or steering wheel for steering control,except equipment such as lawnmowers.(625 ILCS 5/Ch. 2 heading)CHAPTER 2. THE SECRETARY OF STATE(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)Sec. 2-119. Disposition of fees and taxes.(a) All moneys received from Salvage Certificates shall bedeposited in the Common School Fund in the State Treasury.(b) Beginning January 1, 1990 and concluding December 31, 1994, ofthe money collected for each certificate of title, duplicatecertificate of title and corrected certificate of title, 0.50 shall bedeposited into the Used Tire Management Fund. Beginning January 1, 1990and concluding December 31, 1994, of the money collected for eachcertificate of title, duplicate certificate of title and correctedcertificate of title, 1.50 shall be deposited in the Park andConservation Fund.Beginning January 1, 1995, of the money collected for eachcertificate of title, duplicate certificate of title and correctedcertificate of title, 2 shall be deposited in the Park andConservation Fund. The moneys deposited in the Park and ConservationFund pursuant to this Section shall be used for the acquisition anddevelopment of bike paths as provided for in Section 805-420 of theDepartment of Natural Resources (Conservation) Law (20 ILCS805/805-420).Beginning January 1, 2000, of the moneys collected for eachcertificate of title, duplicate certificate of title, and correctedcertificate of title, 48 shall be deposited into the Road Fund and 4shall be deposited into the Motor Vehicle License Plate Fund, exceptthat if the balance in the Motor Vehicle License Plate Fund exceeds 40,000,000 on the last day of a calendar month, then during the nextcalendar month the 4 shall instead be deposited into the Road Fund.Beginning January 1, 2005, of the moneys collected for eachdelinquent vehicle registration renewal fee, 20 shall be depositedinto the General Revenue Fund.Except as otherwise provided in this Code, all remaining moneyscollected for certificates of title, and all moneys collected forfiling of security interests, shall be placed in the General RevenueFund in the State Treasury.(c) All moneys collected for that portion of a driver's license feedesignated for driver education under Section 6-118 shall be placed inthe Driver Education Fund in the State Treasury.

(d) Beginning January 1, 1999, of the monies collected as aregistration fee for each motorcycle, motor driven cycle and motorizedpedalcycle, 27% of each annual registration fee for such vehicle and27% of each semiannual registration fee for such vehicle is depositedin the Cycle Rider Safety Training Fund.(e) Of the monies received by the Secretary of State asregistration fees or taxes or as payment of any other fee, as providedin this Act, except fees received by the Secretary under paragraph (7)of subsection (b) of Section 5-101 and Section 5-109 of this Code, 37%shall be deposited into the State Construction Fund.(f) Of the total money collected for a CDL instruction permit ororiginal or renewal issuance of a commercial driver's license (CDL)pursuant to the Uniform Commercial Driver's License Act (UCDLA): (i) 6of the total fee for an original or renewal CDL, and 6 of the totalCDL instruction permit fee when such permit is issued to any personholding a valid Illinois driver's license, shall be paid into theCDLIS/AAMVAnet Trust Fund (Commercial Driver's License InformationSystem/American Association of Motor Vehicle Administrators networkTrust Fund) and shall be used for the purposes provided in Section6z-23 of the State Finance Act and (ii) 20 of the total fee for anoriginal or renewal CDL or commercial driver instruction permit shallbe paid into the Motor Carrier Safety Inspection Fund, which is herebycreated as a special fund in the State Treasury, to be used by theDepartment of State Police, subject to appropriation, to hireadditional officers to conduct motor carrier safety inspectionspursuant to Chapter 18b of this Code.(g) All remaining moneys received by the Secretary of State asregistration fees or taxes or as payment of any other fee, as providedin this Act, except fees received by the Secretary under paragraph(7)(A) of subsection (b) of Section 5-101 and Section 5-109 of thisCode, shall be deposited in the Road Fund in the State Treasury. Moneysin the Road Fund shall be used for the purposes provided in Section 8.3of the State Finance Act.(h) (Blank).(i) (Blank).(j) (Blank).(k) There is created in the State Treasury a special fund to beknown as the Secretary of State Special License Plate Fund. Moneydeposited into the Fund shall, subject to appropriation, be used by theOffice of the Secretary of State (i) to help defray plate manufacturingand plate processing costs for the issuance and, when applicable,renewal of any new or existing registration plates authorized underthis Code and (ii) for grants made by the Secretary of State to benefitIllinois Veterans Home libraries.On or before October 1, 1995, the Secretary of State shall directthe State Comptroller and State Treasurer to transfer any unexpendedbalance in the Special Environmental License Plate Fund, the SpecialKorean War Veteran License Plate Fund, and the Retired CongressionalLicense Plate Fund to the Secretary of State Special License PlateFund.(l) The Motor Vehicle Review Board Fund is created as a specialfund in the State Treasury. Moneys deposited into the Fund underparagraph (7) of subsection (b) of Section 5-101 and Section 5-109shall, subject to appropriation, be used by the Office of the Secretaryof State to administer the Motor Vehicle Review Board, includingwithout limitation payment of compensation and all necessary expensesincurred in administering the Motor Vehicle Review Board under the

Motor Vehicle Franchise Act.(m) Effective July 1, 1996, there is created in the State Treasurya special fund to be known as the Family Responsibility Fund. Moneysdeposited into the Fund shall, subject to appropriation, be used by theOffice of the Secretary of State for the purpose of enforcing theFamily Financial Responsibility Law.(n) The Illinois Fire Fighters' Memorial Fund is created as aspecial fund in the State Treasury. Moneys deposited into the Fundshall, subject to appropriation, be used by the Office of the StateFire Marshal for construction of the Illinois Fire Fighters' Memorialto be located at the State Capitol grounds in Springfield, Illinois.Upon the completion of the Memorial, moneys in the Fund shall be usedin accordance with Section 3-634.(o) Of the money collected for each certificate of title forall-terrain vehicles and off-highway motorcycles, 17 shall bedeposited into the Off-Highway Vehicle Trails Fund.(p) For audits conducted on or after July 1, 2003 pursuant toSection 2-124(d) of this Code, 50% of the money collected as audit feesshall be deposited into the General Revenue Fund.(625 ILCS 5/Ch. 3 heading)CHAPTER 3. CERTIFICATES OF TITLE ANDREGISTRATION OF VEHICLES(625 ILCS 5/Ch. 3 Art. I heading)ARTICLE I. CERTIFICATES OF TITLE(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)Sec. 3-101. Certificate of title required.(a) Except as provided in Section 3-102, every owner of a vehiclewhich is in this State and for which no certificate of title has beenissued by the Secretary of State shall make application to theSecretary of State for a certificate of title of the vehicle.(b) Every owner of a motorcycle or motor driven cycle purchased newon and after January 1, 1980 shall make application to the Secretary ofState for a certificate of title. However, if such cycle is notproperly manufactured or equipped for general highway use pursuant tothe provisions of this Act, it shall not be eligible for licenseregistration, but shall be issued a distinctive certificate of titleexcept as provided in Sections 3-102 and 3-110 of this Act.(c) The Secretary of State shall not register or renew theregistration of a vehicle unless a certificate of title has been issuedby the Secretary of State to the owner or an application therefor hasbeen delivered by the owner to the Secretary of State.(d) Every owner of an all-terrain vehicle or off-highway motorcyclepurchased on or after January 1, 1998 shall make application to theSecretary of State for a certificate of title.Sec. 3-808.1. (a) Permanent vehicle registration plates shall

be issued, at no charge, to the following:1. Vehicles, other than medical transport vehicles,owned and operated by the State of Illinois or by anyState agency financed by funds appropriated by the GeneralAssembly;2. Special disability plates issued to vehiclesowned and operated by the State of Illinois or by anyState agency financed by funds appropriated by the GeneralAssembly.(b) Permanent vehicle registration plates shall be issued,for a one time fee of 8.00, to the following:1. Vehicles, other than medical transport vehicles,operated by or for any county, township or municipalcorporation;2. Vehicles owned by counties, townships ormunicipal corporations for persons with disabilities.3. Beginning with the 1991 registration year,county-owned vehicles operated by or for any countysheriff and designated deputy sheriffs. These registrationplates shall contain the specific county code and unitnumber.4. All-terrain vehicles owned by counties,townships, or municipal corporations and used for lawenforcement purposes when the Manufacturer's Statement ofOrigin is accompanied with a letter from the originalmanufacturer or a manufacturer's franchised dealer statingthat this all-terrain vehicle has been converted to astreet worthy vehicle that meets the equipmentrequirements set forth in Chapter 12 of this Code.5. Beginning with the 2001 registration year,municipally-owned vehicles operated by or for any policedepartment. These registration plates shall contain thedesignation "municipal police" and shall be numbered anddistributed as prescribed by the Secretary of State.(625 ILCS 5/3-821.1)Sec. 3-821.1. Fees for record searches. The fee to be paidto the Secretary of State by any towing service requesting arecord search shall be in the amount the Secretary of Stateprescribes by rule.(625 ILCS 5/3-821.2)Sec. 3-821.2. Delinquent Registration Renewal Fee. Forregistration renewal periods beginning on or after January 1,2005, the Secretary of State may impose a delinquentregistration renewal fee of 20 for the registration renewalof all passenger vehicles of the first division and motorvehicles of the second division weighing not more than 8,000pounds if the application for registration renewal is receivedby the Secretary more than one month after the expiration ofthe most recent period during which the vehicle wasregistered. If a delinquent registration renewal fee isimposed, the Secretary shall not renew the registration of

such a vehicle until the delinquent registration renewal feehas been paid, in addition to any other registration fees owedfor the vehicle. Active duty military personnel stationedoutside of Illinois shall not be required to pay thedelinquent registration renewal fee. If a delinquentregistration renewal fee is imposed, the Secretary shall adoptrules for the implementation of this Section.(625 ILCS 5/Ch. 11 heading)CHAPTER 11. RULES OF THE ROAD(625 ILCS 5/11-1426) (from Ch. 95 1/2, par. 11-1426)Sec. 11-1426. Operation of all-terrain vehicles andoff-highway motorcycles on streets, roads and highways.(a) Except as provided under this Section, it shall beunlawful for any person to drive or operate any all-terrainvehicle or off-highway motorcycle upon any street, highway orroadway in this State.(b) Except as provided under subsection (c) of thisSection, all-terrain vehicles and off-highway motorcycles maymake a direct crossing provided:(1) The crossing is made at an angle ofapproximately 90 degrees to the direction of the street,road or highway and at a place where no obstructionprevents a quick and safe crossing; and(2) The all-terrain vehicle or off-highwaymotorcycle is brought to a complete stop before attemptinga crossing; and(3) The operator of the all-terrain vehicle oroff-highway motorcycle yields the right of way to allpedestrian and vehicular traffic which constitutes ahazard; and(4) That when crossing a divided highway, thecrossing is made only at an intersection of the highwaywith another public street, road, or highway; and(5) That when accessing township roadways incounties which contain a tract of the Shawnee NationalForest, the accessing complies with rules promulgated bythe Department of Natural Resources to govern theaccessing.(c) No person operating an all-terrain vehicle oroff-highway motorcycle shall make a direct crossing upon oracross any tollroad, interstate highway, or controlled accesshighway in this State.(d) The corporate authorities of a county, road district,township, city, village, or incorporated town may adoptordinances or resolutions allowing all-terrain vehicles andoff-highway motorcycles to be operated on roadways under theirjurisdiction, designated by signs as may be prescribed by theDepartment, when it is necessary to cross a bridge or culvertor when it is impracticable to gain immediate access to anarea adjacent to a highway where an all-terrain vehicle oroff-highway motorcycle is to be operated. The crossing shallbe made in the same direction as traffic.

(e) The corporate authorities of a county, road district,township, city, village, or incorporated town may adoptordinances or resolutions designating one or more specificpublic highways or streets under their jurisdiction as egressand ingress routes for the use of all-terrain vehicles andoff-highway motorcycles. Operation of all-terrain vehicles andoff-highway motorcycles on the routes shall be in the samedirection as traffic. Corporate authorities acting under theauthority of this subsection (e) shall erect and maintainsigns, as may be prescribed by the Department, giving propernotice of the designation.(625 ILCS 5/11-1426.1)Sec. 11-1426.1. Operation of neighborhood electricvehicles on streets, roads, and highways.(a) As used in this Section, "neighborhood electricvehicle" means a self-propelled, electronically poweredfour-wheeled motor vehicle which is capable of attaining inone mile a speed of more than 20 miles per hour, but not morethan 25 miles per hour, and which conforms to federalregulations under Title 49 C.F.R. Part 571.500.(b) Except as otherwise provided in this Section, it isunlawful for any person to drive or operate a neighborhoodelectric vehicle upon any street, highway, or roadway in thisState. If the operation of a neighborhood electric vehicle isauthorized under subsection (d), the neighborhood electricvehicle may be operated only on streets where the posted speedlimit is 35 miles per hour or less. This subsection (b) doesnot prohibit a neighborhood electric vehicle from crossing aroad or street at an intersection where the road or street hasa posted speed limit of more than 35 miles per hour.(b-5) A person may not operate a neighborhood electricvehicle upon any street, highway, or roadway in this Stateunless he or she has a valid Illinois driver's license issuedin his or her name by the Secretary of State.(c) No person operating a neighborhood electric vehicleshall make a direct crossing upon or across any highway underthe jurisdiction of the State, tollroad, interstate highway,or controlled access highway in this State.(d) A municipality, township, county, or other unit oflocal government may authorize, by ordinance or resolution,the operation of neighborhood electric vehicles on roadwaysunder its jurisdiction if the unit of local governmentdetermines that the public safety will not be jeopardized. TheDepartment may authorize the operation of neighborhoodelectric vehicles on the roadways under its jurisdiction ifthe Department determines that the public safety will not bejeopardized.Before permitting the operation of neighborhood electricvehicles on its roadways, a municipality, township, county,other unit of local government, or the Department mustconsider the volume, speed, and character of traffic on theroadway and determine whether neighborhood electric vehiclesmay safely travel on or cross the roadway. Upon determining

that neighborhood electric vehicles may safely operate on aroadway and the adoption of an ordinance or resolution by amunicipality, township, county, or other unit of localgovernment, or authorization by the Department, appropriatesigns shall be posted.If a roadway is under the jurisdiction of more than oneunit of government, neighborhood electric vehicles may not beoperated on the roadway unless each unit of government agreesand takes action as provided in this subsection.(e) No neighborhood electric vehicle may be operated on aroadway unless, at a minimum, it has the following: brakes, asteering apparatus, tires, a rearview mirror, redreflectorized warning devices in the front and rear, a slowmoving emblem (as required of other vehicles in Section 12-709of this Code) on the rear of the neighborhood electricvehicle, a headlight that emits a white light visible from adistance of 500 feet to the front, a tail lamp that emits ared light visible from at least 100 feet from the rear, brakelights, and turn signals. When operated on a roadway, aneighborhood electric vehicle shall have its headlight andtail lamps lighted as required by Section 12-201 of this Code.(f) A person who drives or is in actual physical controlof a neighborhood electric vehicle on a roadway while underthe influence is subject to Sections 11-500 through 11-502 ofthis Code.(625 ILCS 5/11-1427)Sec. 11-1427. Illegal operation of an all-terrain vehicleor off-highway motorcycle. It is unlawful for any person todrive or operate any all-terrain vehicle or off-highwaymotorcycle in the following ways:(a) Careless Operation. No person shall operate anyall-terrain vehicle or off-highway motorcycle in a careless orheedless manner so as to be grossly indifferent to the personor property of other persons, or at a rate of speed greaterthan will permit him in the exercise of reasonable care tobring the all-terrain vehicle or off-highway motorcycle to astop within the assured clear distance ahead.(b) Reckless Operation. No person shall operate anyall-terrain vehicle or off-highway motorcycle in such a manneras to endanger the life, limb or property of any person.(c) Within any nature preserve as defined in Section 3.11of the Illinois Natural Areas Preservation Act.(d) On the tracks or right of way of an operatingrailroad.(e) In any tree nursery or planting in a manner whichdamages or destroys growing stock, or creates a substantialrisk thereto.(f) On private property, without the written or verbalconsent of the owner or lessee thereof. Any person operatingan all-terrain vehicle or off-highway motorcycle upon lands ofanother shall stop and identify himself upon the request ofthe landowner or his duly authorized representative, and, ifrequested to do so by the landowner shall promptly remove the

all-terrain vehicle or off-highway motorcycle from thepremises.(g) Notwithstanding any other law to the contrary, anowner, lessee, or occupant of premises owes no duty of care tokeep the premises safe for entry or use by others for use byan all-terrain vehicle or off-highway motorcycle, or to givewarning of any condition, use, structure or activity on suchpremises. This subsection does not apply where permission todrive or operate an all-terrain vehicle or off-highwaymotorcycle is given for a valuable consideration other than tothis State, any political subdivision or municipality of thisState, or any landowner who is paid with funds from theOff-Highway Vehicle Trails Fund. In the case of land leased tothe State or a subdivision of the State, any considerationreceived is not valuable consideration within the meaning ofthis Section.Nothing in this subsection limits in any way liabilitywhich otherwise exists for willful or malicious failure toguard or warn against a dangerous condition, use, structure,or activity.(h) On publicly owned lands unless such lands aredesignated for use by all-terrain vehicles or off-highwaymotorcycles. For publicly owned lands to be designated for useby all-terrain vehicles or off-highway motorcycles a publichearing shall be conducted by the governmental entity that hasjurisdiction over the proposed land prior to the designation.Nothing in this subsection limits in any way liabilitywhich otherwise exists for willful or malicious failure toguard or warn against a dangerous condition, use, structure,or activity.(h-1) At a rate of speed too fast for conditions, and thefact that the speed of the all-terrain vehicle or off-highwaymotorcycle does not exceed the applicable maximum speed limitallowed does not relieve the driver from the duty to decreasespeed as may be necessary to avoid colliding with any person,vehicle, or object within legal requirements and the duty ofall persons to use due care.(h-2) On the frozen surface of public waters of this Statewithin 100 feet of a person, including a skater, not in orupon an all-terrain vehicle or off-highway motorcycle; within100 feet of a person engaged in fishing, except at the minimumspeed required to maintain forward movement of the all-terrainvehicle or off-highway motorcycle; on an area which has beencleared of snow for skating purposes unless the area isnecessary for access to the frozen waters of this State.(h-3) Within 100 feet of a dwelling between midnight and 6a.m. at a speed greater than the minimum required to maintainforward movement of the all-terrain vehicle or off-highwaymotorcycle. This subdivision (h-5) does not apply on privateproperty where verbal or written consent of the owner orlessee has been granted to drive or operate an all-terrainvehicle or off-highway motorcycle upon the private property orfrozen waters of this State.(i) Other Prohibitions.(1) No person, except persons permitted by law,shall operate or ride any all-terrain vehicle oroff-highway motorcycle with any firearm in his or her

possession unless he or she is in compliance with Section2.33 of the Wildlife Code.(2) No person shall operate any all-terrain vehicleor off-highway motorcycle emitting pollutants in violationof standards established pursuant to the EnvironmentalProtection Act.(3) No person shall deposit from an all-terrainvehicle or off-highway motorcycle on the snow, ice orground surface, trash, glass, garbage, insoluble material,or other offensive matter.(625 ILCS 5/11-1427.1)Sec. 11-1427.1. Operation of an all-terrain vehicle oroff-highway motorcycle on ice. All-terrain vehicles andoff-highway motorcycles may be operated on the frozen watersof this State subject to the provisions of this Section andthe rules of the Department of Natural Resources.(625 ILCS 5/11-1427.2)Sec. 11-1427.2. Special all-terrain vehicle or off-highwaymotorcycle event. Nothing contained in Section 11-1426,11-1427, or 11-1427.1 shall be construed to prohibit any localauthority of this State from designating a special all-terrainvehicle or off-highway motorcycle event. In such case theprovisions of Sections 11-1426, 11-1427, and 11-1427.1 shallnot apply to areas or highways under the jurisdiction of thatlocal authority.(625 ILCS 5/11-1427.3)Sec. 11-1427.3. Rules for all-terrain vehicles andoff-highway motorcycles. The Department of Natural Resourcesmay adopt rules to implement and administer the provisions ofSections 11-1426, 11-1427, 11-1427.1, and 11-1427.2.(625 ILCS 5/11-1427.4)Sec. 11-1427.4. Signal from officer to stop. Anall-terrain vehicle or off-highway motorcycle operator, afterhaving received a visual or audible signal from a lawenforcement officer to come to a stop, may not:(1) operate an all-terrain vehicle or off-highwaymotorcycle in willful or wanton disregard of the signal tostop;(2) interfere with or endanger the law enforcement officeror another person or vehicle; or(3) increase speed or attempt to flee or elude the

officer.(625 ILCS 5/Ch. 11 Art. II heading)ARTICLE II. OBEDIENCE TO AND EFFECTOF TRAFFIC LAWS(Text of Section from P.A. 94-329)Sec. 11-501. Driving while under the influence of alcohol,other drug or drugs, intoxicating compound or compounds or anycombination thereof.(a) A person shall not drive or be in actual physicalcontrol of any vehicle within this State while:(1) the alcohol concentration in the person's bloodor breath is 0.08 or more based on the definition of bloodand breath units in Section 11-501.2;(2) under the influence of alcohol;(3) under the influence of any intoxicating compoundor combination of intoxicating compounds to a degree thatrenders the person incapable of driving safely;(4) under the influence of any other drug orcombination of drugs to a degree that renders the personincapable of safely driving;(5) under the combined influence of alcohol, otherdrug or drugs, or intoxicating compound or compounds to adegree that renders the person incapable of safelydriving; or(6) there is any amount of a drug, substance, orcompound in the person's breath, blood, or urine resultingfrom the unlawful use or consumption of cannabis listed inthe Cannabis Control Act, a controlled substance listed inthe Illinois Controlled Substances Act, or an intoxicatingcompound listed in the Use of Intoxicating Compounds Act.(b) The fact that any person charged with violating thisSection is or has been legally entitled to use alcohol, otherdrug or drugs, or intoxicating compound or compounds, or anycombination thereof, shall not constitute a defense againstany charge of violating this Section.(b-1) With regard to penalties imposed under this Section:(1) Any reference to a prior violation of subsection(a) or a similar provision includes any violation of aprovision of a local ordinance or a provision of a law ofanother state that is similar to a violation of subsection(a) of this Section.(2) Any penalty imposed for driving with a licensethat has been revoked for a previous violation ofsubsection (a) of this Section shall be in addition to thepenalty imposed for any subsequent violation of subsection(a).(b-2) Except as otherwise provided in this Section, anyperson convicted of violating subsection (a) of this Section

is guilty of a Class A misdemeanor.(b-3) In addition to any other criminal or administrativesanction for any second conviction of violating subsection (a)or a similar provision committed within 5 years of a previousviolation of subsection (a) or a similar provision, thedefendant shall be sentenced to a mandatory minimum of 5 daysof imprisonment or assigned a mandatory minimum of 240 hoursof community service as may be determined by the court.(b-4) In the case of a third or subsequent violationcommitted within 5 years of a previous violation of subsection(a) or a similar provision, in addition to any other criminalor administrative sanction, a mandatory minimum term of either10 days of imprisonment or 480 hours of community serviceshall be imposed.(b-5) The imprisonment or assignment of community serviceunder subsections (b-3) and (b-4) shall not be subject tosuspension, nor shall the person be eligible for a reducedsentence.(c) (Blank).(c-1) (1) A person who violates subsection (a) during aperiod in which his or her driving privileges are revokedor suspended, where the revocation or suspension was for aviolation of subsection (a), Section 11-501.1, paragraph(b) of Section 11-401, or for reckless homicide as definedin Section 9-3 of the Criminal Code of 1961 is guilty ofaggravated driving under the influence of alcohol, otherdrug or drugs, intoxicating compound or compounds, or anycombination thereof and is guilty of a Class 4 felony.(2) A person who violates subsection (a) a thirdtime, if the third violation occurs during a period inwhich his or her driving privileges are revoked orsuspended where the revocation or suspension was for aviolation of subsection (a), Section 11-501.1, paragraph(b) of Section 11-401, or for reckless homicide as definedin Section 9-3 of the Criminal Code of 1961, is guilty ofaggravated driving under the influence of alcohol, otherdrug or drugs, intoxicating compound or compounds, or anycombination thereof and is guilty of a Class 3 felony.(2.1) A person who violates subsection (a) a thirdtime, if the third violation occurs during a period inwhich his or her driving privileges are revoked orsuspended where the revocation or suspension was for aviolation of subsection (a), Section 11-501.1, subsection(b) of Section 11-401, or for reckless homicide as definedin Section 9-3 of the Criminal Code of 1961, is guilty ofaggravated driving under the influence of alcohol, otherdrug or drugs, intoxicating compound or compounds, or anycombination thereof and is guilty of a Class 3 felony; andif the person receives a term of probation or conditionaldischarge, he or she shall be required to serve amandatory minimum of 10 days of imprisonment or shall beassigned a mandatory minimum of 480 hours of communityservice, as may be determined by the court, as a conditionof the probation or conditional discharge. This mandatoryminimum term of imprisonment or assignment of communityservice shall not be suspended or reduced by the court.(2.2) A person who violates subsection (a), if the

violation occurs during a period in which his or herdriving privileges are revoked or suspended where therevocation or suspension was for a violation of subsection(a) or Section 11-501.1, is guilty of aggravated drivingu

pursuant to the Uniform Commercial Driver's License Act (UCDLA): (i) 6 of the total fee for an original or renewal CDL, and 6 of the total CDL instruction permit fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet Trust Fund (Commercial Driver's License Information