Appeal from the Circuit Court of Du Page County, Eighteenth
Judicial Circuit; the Hon. ROBERT A. NOLAN, Judge, presiding.
MR. JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT.
Rehearing denied and supplemental opinion April 1, 1969.
The defendant, who was charged with having committed the offense of driving while his operator's license was revoked, in violation of section 6-303 of the Illinois Motor Vehicle Act (Ill Rev Stats 1965, c 95 1/2, par 6-303), waived his right to trial by jury, was tried by the court, found guilty and sentenced to ten days in the county jail, with credit for three days, considered as served. He appealed from this judgment.
He was arrested on the East-West Tollway in Du Page County and was issued a traffic ticket and complaint charging him with the violation of section 6-119 (d) of the Act (Ill Rev Stats 1965, c 95 1/2, par 6-119(d)) in that he was driving in violation of the restrictions imposed by his restricted driver's permit. One week later, the arresting officer filed the complaint under which the defendant was tried and sentenced, and thereafter, the complaint, charging a violation of section 6-119(d) of the Act, was dismissed.
At the trial, the People offered, and the court admitted in evidence, a certificate of the Secretary of State (herein called Secretary) which set forth the defendant's record with reference to the status of his operator's license. It reflected that his license had been revoked on August 5, 1965; that a restricted driver's permit was issued to him on October 6, 1965, to expire October 6, 1966; that the Secretary received a report of the defendant's conviction of a motor vehicle violation, and on December 20, 1965, extended the revocation of the defendant's operator's license until August 5, 1967; and that the defendant did not have a valid operator's license on the date of said certificate: August 23, 1966. The arresting officer testified on behalf of the People.
The defendant did not testify, but did offer and the court received in evidence a copy of his restricted driving permit which carried an expiration date of October 6, 1966. It reflected that the restrictions permitted the defendant to operate his car between the hours of 9:00 a.m. and 1:00 p.m., and 5:00 p.m. and 9:00 p.m., Monday through Saturday of each week, within the Chicago area, for his transportation while performing his duties as an insurance salesman.
It was 10:25 p.m., on August 6, 1966, when the defendant was arrested. He had visited his father in Aurora and, at the time of his arrest, was en route to Chicago. It would, thus, appear that he was then and there in violation of both the time and place restrictions specified in his driving permit.
Upon appeal, the defendant contends that his conviction for driving while his operator's license was revoked is not authorized by section 6-303 of the Act since that section exempts from its provisions, any person who is allowed to drive by a restricted driving permit; that the complaint under which he was convicted failed to set forth the nature and elements of the offense of driving in violation of the restrictions which were imposed; and that the court erred in admitting into evidence the said Secretary's certificate.
The People contend that the issuance of a restricted driving permit to a person whose operator's license has been revoked, suspends the terms of such revocation only during the times and under the circumstances specified in the restricted permit; and that at all other times, the revocation is in full force and effect.
Section 6-303 of the Illinois Motor Vehicle Act provides that any person who drives a motor vehicle on any highway of this State at a time when his operator's license is revoked as provided under the Act, except as may be allowed by a restricted driving permit issued under this Act, shall be punished by imprisonment for not less than seven days nor more than one year and there may be imposed in addition a fine of not more than $1,000.
Section 1-157 of the Act defines the terms, "Revocation of operator's . . . license" as follows:
"The termination by formal action of the Secretary of a person's license . . . to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the Secretary after the expiration of at least one year after the date of revocation."
Section 6-208(b) of the Act states that once an operator's license has been revoked, he is not entitled to have it renewed or restored, but rather, he may apply to the Secretary for a new license, after the expiration of at least one year from the date of revocation.
Section 6-205 of the Act provides for the mandatory revocation of an operator's license upon the Secretary receiving a report of the operator's conviction of the offenses therein listed. And, section 6-206 thereof provides for the discretionary revocation by the Secretary, of an operator's license under the circumstances therein enumerated. Each of said sections authorizes the Secretary to issue a driving permit to a person whose operator's license has been revoked, which will grant to him the privilege of driving his car between his residence and place of employment or other proper limits, in order to prevent undue hardship; and each section provides:
"A restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as an operator's or chauffeur's license issued hereunder may be cancelled, revoked or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation or suspension of a restricted driving permit."
Under the provisions of section 6-210 of the Act, any person whose operator's license has been revoked shall not drive a motor vehicle on a public highway in Illinois after such revocation, until an operator's license has been obtained as permitted under the Act, except as permitted by a restricted driver's permit issued under the provisions of section 6-205(a).
It is apparent from these provisions, when read together, that it was the intention of the legislature that there should be no automatic restoration of an operator's license after the one-year period of its revocation, or after such revocation as extended; and that the issuance of a restricted driving permit to a person whose operator's license has been revoked, does not ipso facto restore or renew the operator's license which has been revoked, but rather, such driver's permit authorizes the licensee to drive a car upon the highways of the State, subject to the restrictions provided therein, and not otherwise. A driver's permit is not an operator's license, rather, it is a special type of permit issued to a driver whose operator's license has been revoked, in order that he may drive his car subject to the restrictions specified and thereby avoid the undue hardship which would otherwise be imposed upon him and his family. If the restricted driver violates the restrictions specified in the permit, the permit may be revoked by the Secretary.
In the light of these statutory provisions, we believe it was the obvious intent of the legislature that a driver whose operator's license has been revoked and to whom a restricted driving permit has been issued who drives in violation of the restrictions imposed by the permit, is guilty of the offense of driving while his operator's license is revoked. We find no ambiguity in this legislation.
The defendant's operator's license was revoked. He was granted a restricted driving permit to alleviate a hardship situation. He was permitted to drive in accordance with the restrictions of his permit. Under the provisions of section 6-303 of the Act, any person who drives a motor vehicle on the public highways while his operator's license is revoked ...