Exceptions for BAIIDs - MDDPs Lawyer Manual

Employment exemption

A person who operates an employer-owned vehicle in the course of his or her employment may be allowed to drive such vehicle without a BAIID if the Secretary of State approves such a use. This exemption includes test-driving vehicles within a five-mile radius of the place of employment. (The most common example would be a person engaged in the car repair business.) However, this exemption will not apply if the person drives:

1. a school bus or school vehicle;
2. a vehicle designed to transport more than 15 passengers;
3. an employer-owned vehicle that is owned by an entity that is wholly or partially owned by the person or a family member of the person holding the MDDP (including an entity that is a corporation of which the person or the person’s immediate family own five percent or more of the outstanding shares);
4. an employer-owned vehicle that is made available to the MDDP holder for personal use; or
5. a vehicle assigned exclusively to the person for commuting to and from employment, i.e., not also used for work-related driving purposes during work. 625 ILCS 5/6-206.1(a-2); 92 Ill.Admin.Code sec.1001.444(j).

Note: in practice as established by the Secretary of State, reference to an employer “owned” vehicle also applies to employer-leased vehicles.

A person may not drive a vehicle which has been granted a BAIID exemption for more than six days a week, 12 hours a day. 625 ILCS 5/6-206.1(a-2).

The Secretary of State may terminate an exemption if it receives credible evidence that the person is driving the vehicle for other than employment purposes. If the Secretary of State receives such evidence, it will request an explanation, which the person must provide within 21 days. If no response is received or the response does not reasonably assure the Secretary of State that no violation occurred, the exemption will be terminated. A request for a hearing will be granted to challenge a termination of exemption but the request will not stay the termination of the exemption. 92 Ill.Admin.Code sec. 1001.444(j)(3).

Medical exemption

A person may seek a waiver of the BAIID requirement by submitting a medical report which demonstrates an inability to utilize the device to the Secretary of State. However, as a condition of granting a waiver, the person must satisfy the Secretary of State’s alcohol/drug evaluation, risk education and treatment requirements (as applicable). 92 Ill.Admin.Code secs. 1001.400 – 1001.490. This would include the requirement of a hearing to demonstrate that the person would not be a risk to the public safety and welfare if granted the privilege to drive without a BAIID. See 92 Ill.Admin.Code sec.1001.444(i).

Farm exemption

A person may also seek a waiver from BAIID requirements if driving a farm tractor to and from a farm and/or within 50 miles of the originating farm provided that it is being used exclusively for farm operations. 625 ILCS 5/6-206.1(a-3).