The Illinois Vehicle Code: Drivers' licenses and parking

What is it?

The Illinois Vehicle Code is a state law covering aspects of motor vehicle operation. This section addresses the licensing of persons with disabilities. It also addresses laws relating to parking. 

What is its purpose?

To make sure persons with disabilities who can operate a car safely can obtain a driver's license. To make parking a car easier for persons with disabilities. Also, to enable them to have more ready access to their destination.

Who can be helped by these laws?

Persons with disabilities who need a driver's license. Otherwise, persons who want greater access in parking their vehicles.

Your legal rights

Drivers license requirements

Getting a drivers license

The Illinois Secretary of State issues drivers' licenses. That office decides if driving privileges will be denied or restricted.

Make an application for a license at the local Drivers Services office of the Secretary of State. Some facilities require that you make an appointment before visiting their location in person. Visit the Secretary of State's Skip-the-Line program, to learn more about which services are offered online, when you are required to schedule an appointment, and the newly extended hours of all DMVs. You can contact the Illinois Secretary of State at (800) 252-2904 (voice/TTY). 

When you apply for a license or renewal, you must disclose whether you have a condition which impairs your ability to drive. You must notify the Secretary of State within 10 days if you become aware of a change . The State can cancel your license if you fail to disclose a condition. Suppose the condition no longer exists. Then you must submit a final Medical Report form completed by your doctor. This form will remove you from the follow-up program with this office. 

All notices can be sent in writing to:

Secretary of State
Medical Review Unit 
2701 S. Dirksen Pkwy.
Springfield, IL 62723

People with hearing impairments may be accompanied by an interpreter when:

• Renewing a license,
• Obtaining a license, and
• Taking a road test.

You may receive a temporary license that will be good for up to 90 days. The Secretary of State will issue additional temporary licenses as necessary.

The need for a medical report

You may be required to supply a Medical Report from your doctor to get a driver's license. The report may be needed to determine what restrictions should be on your license. A medical report is required in the following situations:

• If you indicate that you may have a condition that impairs your ability to safely operate a vehicle,
• If you have had several traffic law violations
• If the Secretary of State receives information that you have a condition that affects your ability to drive. Sources include doctors, judges, and police officers, and
• If you must submit a report with any prior application for a license or renewal.

The Medical Report may be completed by the doctor of your choice. Suppose the report indicates that you are safely able to drive. In that case, a license will be issued. Suppose the report clearly states you cannot safely drive. Then your license will be denied.

Suppose the Medical Report raises some question.In that case, your application will be forwarded to the Illinois Medical Advisory Board. This Board is composed of physicians who review all of your medical information and past driving record. The Board may require you to submit to further medical exam, . The Board will then decide whether to:

• Grant full driving privileges,
• Grant driving privileges subject to restrictions, or
• Deny privileges.

Driver's license restrictions

A restriction is a limitation affecting your ability to drive.

Examples

Requirements that you:

• Use prosthetics or adaptive devices while driving;
• Drive a vehicle equipped with hand-operated brakes or that is otherwise modified;
• Wear prescription lenses or that you only drive during daylight.

If you are granted a restricted driver's license, the type of restriction will be noted on your license. You may be required to carry a "Medical Restriction Card." It will state your driving limitations or conditions in greater detail.

If you are restricted due to a medical condition, you may be required to sign a "Medical Agreement." This document agrees to:

• Remain under the care of a doctor for the medical condition which affects your driving ability;
• Adhere to prescribed treatment; and
• Allow your doctor to report any changes in your condition which affect your ability to drive.

Example

If you suffer from a condition that causes loss of consciousness. Then, you must submit a statement from your doctor certifying that you can safely drive. You must also sign an approval allowing your doctor to report any change in your condition.

Persons not eligible for a license

Certain persons with disabilities are not eligible to get a driver's license. These persons include the following:

• Any person who is disabled and has had a legal guardian appointed to manage their affairs;
• Any person who is found unfit to stand trial; or
• Any person who requires a Medical Report and the doctor cannot certify that the person can drive safely.

Parking your vehicle

Special license plate or decal

People with disabilities may obtain a special license plate, decal, or card. This card shows that the vehicle is operated by or for a person with disabilities. If you rely on family members, up to two additional sets of plates will be issued.

It entitles the vehicle to park in any spot designated for use by people with disabilities. In January 2014, the Secretary of State's Office changed its policy on disability placard. They can issue four types of parking placards:

• Meter-Exempt Permanent Placards: These are issued to people who have difficulty accessing a parking meter. This placard allows the holder to park in spaces reserved for people with disabilities. The vehicle is exempt from the payment of parking meter fees and any time limitations on parking.There is an exception in parking spots designated for use of a one-half hour or less. These exemptions are available when the person with disabilities is present while using the vehicle.
• Non-Meter-Exempt Permanent Placards: These are issued to drivers with permanent disabilities who can access the parking meter. This placard allows the holder to park in spaces reserved for the disabled. It does not exempt the holder from parking meter fees and time limitations. 
• Temporary Placards: These are issued to people with a temporary disability. They are valid for the length of time your doctor has designated. If you are in your third trimester of pregnancy, you can get a temporary decal lasting no more than 90 days. Otherwise, if the Secretary of State issues the placard, it can't exceed 6 months. If your local government issues the placard, it can't exceed 90 days. This placard does not exempt the holder from parking meter fees and time limitations. 
• Organization Placards: These are issued to groups that transport people with disabilities for free. They allow the authorized holder to park in spaces reserved for people with disabilities. This is true when transporting these individuals. This placard does not exempt the holder from parking meter fees and time limitations at parking meters.  

Disability license plates must stay permanently affixed to the vehicle they were issued to. These plates allow the holder to park in spaces reserved for people with disabilities.They do not exempt the holder from parking meter fees and time limitations. Suppose you are issued a disability license plate. Then, you will be issued a meter-exempt or non-meter-exempt parking placard.You must display the placard if you are parked in a space for the disabled. Disability license plates are only issued to someone who owns a vehicle and is:

• The person with a permanent disability
• A parent or legal guardian of a minor with disabilities 
• An immediate family member who resides in the same house as the person with disabilities. They must be responsible for transporting that person

To obtain a special license plate, decal, or card, you must apply with the Illinois Secretary of State. Along with the application, you must present either:

• A physician's certification that you have a qualifying condition, or
• Your Illinois Disabled Persons ID Card. It must indicate that the applicant has a Class 1A or Class 2A disability.

Click the links below for more information:

Illinois Secretary of State - Application for Persons With Disabilities Certification for Parking Placard
Illinois Secretary of State's Office - Persons With Disabilities
Illinois Secretary of State's Office - ID Cards
Disabilities Guidebook: State of Illinois Disabled Person ID Card

How to protect or [no-lexicon]enforce[/no-lexicon] your rights

The formal review

If you disagree with the decision, you may make a written request for a "Formal Review." You must make this request within 30 days of the Board's decision. You may submit further medical evidence in support of your request for review.

Your application is then reconsidered by a review panel composed of members of the Board. If the Board continues to deny or restrict your driving privileges following formal review. Then, you have the right to get a formal hearing before the Secretary of State, as explained below.

Appealing the denial, cancelation, or restriction of your driving privileges

You may request a "Formal Medical Hearing" if:

• You disagree with the denial of your license or the restriction imposed because of a condition; and
• The denial or restrictions have been upheld after Formal Review by the Medical Advisory Board. The hearing will be held in either Chicago or Springfield.
• This hearing is conducted by a panel consisting of:
  • A Hearing Officer, and
  • Three members of the Illinois Medical Advisory Board.

You have to provide clear and convincing evidence that your driving privileges should not be denied or restricted. You will be allowed to present witnesses and other evidence.You may review all of the medical evidence relied on by the Board. An attorney may represent you. The State must supply an interpreter for persons who are hearing impaired. Following the hearing, a written decision is issued. It will indicate whether your license should be denied or restricted.

Judicial review in court

Suppose you disagree with the Formal Medical Hearing decision. Then, you may file a complaint in the Illinois Circuit Court of the county where you live. It must be filed no later than 35 days after the Formal Medical Hearing. A state judge will then review the decision.

Where to go for more information

Statute and regulations

You can find the Illinois Vehicle Code at 625 ILCS 5/1 et. seq. Provisions relating to the denial or restriction of a license can be found at 625 ILCS 5/6-903. Provisions relating to parking privileges can be found at 625 ILCS 5/11-1301.1. The section on handicap license plates is at 625 ILCS 5/3-616.

State regulations on handicap license plates are at 92 Ill.Admin.Code 1100. The regulations of license issuance are at 92 Ill.Admin.Code 1030.

The regulations governing appeals and hearings are at 92 Ill.Admin.Code 1001.