Illinois Compiled Statutes
625 ILCS 5/6-107 (2026)
Graduated license
✓ current as of May 2026
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(625 ILCS 5/6-107)
Sec. 6-107. Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle crashes,
fatalities,
and injuries by:
(1) providing for an increase in the time of practice | period before granting permission to obtain a driver's license; |
(2) strengthening driver licensing and testing | standards for persons under the age of 21 years; |
(3) sanctioning driving privileges of drivers under | age 21 who have committed serious traffic violations or other specified offenses; and |
(4) setting stricter standards to promote the | public's health and safety. |
(b) The application of any person under
the age of 18 years, and not legally emancipated, for a driver's
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult. The written consent must accompany any application for a driver's license under this subsection (b), regardless of whether or not the required written consent also accompanied the person's previous application for an instruction permit.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of | 9 months. |
(2) Passed an approved driver education course and | submits proof of having passed the course as may be required. |
(3) Certification by the parent, legal guardian, or | responsible adult that the applicant has had a minimum of 50 hours of behind-the-wheel practice time, at least 10 hours of which have been at night, and is sufficiently prepared and able to safely operate a motor vehicle. |
(b-1) No graduated
driver's license shall be issued to any applicant who is under 18 years of age
and not legally emancipated, unless the applicant has graduated
from a secondary school of this State or any other state, is enrolled in a
course leading to a State of Illinois High School Diploma, has
obtained a State of Illinois High School Diploma, is enrolled in an elementary or secondary school or college or university
of this State or any other state and is not a chronic or habitual truant as provided in Section 26-2a of the School Code, or is receiving home instruction and submits proof of meeting any of those
requirements at the time of application.
An applicant under 18 years of age who provides proof acceptable to the Secretary that the applicant has resumed regular school attendance or home instruction or that his or her application was denied in error shall be eligible to receive a graduated license if other requirements are met. The Secretary shall adopt rules for implementing this subsection (b-1).
(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6-101 of this Code
or a similar out of state offense and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6-205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, the Use of Intoxicating Compounds Act, or the Methamphetamine Control and Community Protection Act while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found
guilty of such an offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that the offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 9 months to any
applicant
under
the
age of 18 years who has committed and subsequently been convicted of an offense against traffic regulations governing the movement of vehicles, any violation of this Section or Section 12-603.1 of this Code, or who has received a disposition of court supervision for a violation of Section 6-20 of the Illinois Liquor Control Act of 1934 or a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12-603 of this Code. If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the violation, the provisions of this paragraph shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code.
(f) (Blank).
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 12 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step-siblings, children, or stepchildren of the driver. If a graduated driver's license holder committed an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code during the first 12 months the license is held and subsequently is convicted of the violation, the provisions of this paragraph shall remain in effect until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code.
(h) It shall be an offense for a person that is age 15, but under age 20, to be a passenger in a vehicle operated by a driver holding a graduated driver's license during the first 12 months the driver holds the license or until the driver reaches the age of 18, whichever occurs sooner, if another passenger under the age of 20 is present, excluding a sibling, step-sibling, child, or step-child of the driver.
(i) No graduated driver's license shall be issued to any applicant under the age of 18 years if the applicant has been issued a traffic citation for which a disposition has not been rendered at the time of application. (Source: P.A. 102-982, eff. 7-1-23; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.) Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2002–2022 · leading case: Derrick Hardaway v. Donald S. Young, Warden, 302 F.3d 757 (7th Cir. 2002).
Derrick Hardaway v. Donald S. Young, Warden, 302 F.3d 757 (7th Cir. 2002). “Restrictions are placed on their ability to work, 820 ILCS 205/1, to smoke, 720 ILCS 675/1, to operate a motor vehicle, 625 ILCS 5/6-107, to withdraw from compulsory education, 105 ILCS 5/26-1, and to travel outdoors between midnight and 6:00 a.”
Shannon Hyland v. Liberty Mut. Fire Ins., 885 F.3d 482 (7th Cir. 2018). “Smith had too many passengers (the limit is one person under 20, 625 ILCS 5/6-107(g) ), crashed into two parked cars at high speed, and was criminally convicted for her behavior.”
United Equitable Ins. Co. v. Calhoun, 2022 IL App (1st) 210525 (Ill. App. Ct. 2022). “¶ 33 Although Baker had a graduated license, and not a “learner’s permit” like the driver in Smith, the license he held was similarly restricted and subject to the conditions provided in the graduated licensing statute (625 ILCS 5/6-107 (West 2016)). Like the driver in Smith,…”
Hardaway, Derrick v. Young, Donald S. (7th Cir. 2002). “Restrictions are placed on their ability to work, 820 ILCS 205/1, to smoke, 720 ILCS 675/1, to operate a motor vehicle, 625 ILCS 5/6-107, to withdraw from compulsory education, 105 ILCS 5/26-1, and to travel outdoors between midnight and 6:00 a.”
— 625 ILCS 5/6-107(e) — 1 case
United Equitable Ins. Co. v. Calhoun, 2022 IL App (1st) 210525 (Ill. App. Ct. 2022). “¶ 33 Although Baker had a graduated license, and not a “learner’s permit” like the driver in Smith, the license he held was similarly restricted and subject to the conditions provided in the graduated licensing statute (625 ILCS 5/6-107 (West 2016)). Like the driver in Smith,…”
— 625 ILCS 5/6-107(g) — 1 case
Shannon Hyland v. Liberty Mut. Fire Ins., 885 F.3d 482 (7th Cir. 2018). “Smith had too many passengers (the limit is one person under 20, 625 ILCS 5/6-107(g) ), crashed into two parked cars at high speed, and was criminally convicted for her behavior.”
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