Road Safety And Fairness Act, Public Act 104-0169 (HB 1226)
Illinois updated its driver’s license laws with the Road Safety and Fairness Act, Public Act 104-0169 (HB 1226), which took effect on July 1, 2026. While the law mainly impacts older drivers, its affects go beyond just driver’s license renewals. It removes routine behind-the-wheel tests based only on age for many older drivers, and introduces a way for immediate family members to report concerns about a driver’s medical fitness.
At Franks & Kelly P.C., Attorneys at Law, we want Illinois drivers and their families to understand both the benefits and challenges of this law, since a driver’s license is often essential for work, medical needs, family duties, and independence. For people in Lake in the Hills, Algonquin, Huntley, Crystal Lake, and throughout McHenry County, these changes may be especially important if a medical issue, family report, Secretary of State review, or traffic record puts driving privileges at risk.
What Did The Road Safety And Fairness Act Change?
Public Act 104-0169 amended Sections 6-109, 6-207, and 6-911 of the Illinois Vehicle Code. One of its most significant changes appears in 625 ILCS 5/6-109, which governs examinations for driver’s license applicants and renewals.
Before the change, Illinois imposed an age-based road-testing requirement beginning at age 79. Under the current law, drivers between ages 79 and 86 are generally no longer required to complete a behind-the-wheel road examination simply because of their age. Drivers age 87 and older must continue demonstrating their ability to safely operate a motor vehicle through an actual driving examination when required for renewal. Commercial Driver’s License (CDL) holders remain subject to separate rules, including road-testing requirements beginning at age 75.
Drivers ages 79 through 86 are not automatically exempt from all exams. They still need to renew in person and meet vision requirements. Depending on their situation and driving record, more testing might be required. The key change is that age by itself no longer triggers a routine road test for noncommercial drivers in this age group.
How Often Must Older Illinois Drivers Renew Their Licenses?
The Road Safety and Fairness Act works alongside 625 ILCS 5/6-115, which establishes driver’s license expiration periods. In Illinois, most driver’s licenses last four years, but older drivers still have shorter renewal periods.
Under Section 6-115, driver’s licenses issued to drivers who are 81 through 86 years old generally expire after two (2) years. Drivers age 87 and older generally have licenses that expire after twelve (12) months. Therefore, eliminating the automatic road test for drivers ages 81 through 86 does not eliminate their shorter renewal cycle.
For example, an 83-year-old Illinois driver will still need to renew their license every two (2) years, but they no longer are required to take a road test just because of their age. An 88-year-old driver, however, still needs to renew every year and take a behind-the-wheel test.
Family Members Can Now Report Medical Concerns Affecting Safe Driving
Another major change involves 625 ILCS 5/6-911. The statute now permits an immediate family member to submit information to the Illinois Secretary of State concerning a medical condition that may interfere with someone’s ability to safely operate a vehicle.
For purposes of this provision, an immediate family member includes a spouse, parent, grandparent, sibling, or child. The statute also continues to permit certain medical practitioners, Police Officers, State’s Attorneys, and members of the judiciary acting in their official capacities to provide qualifying information.
The law focuses on medical conditions that affect safe driving, including suspected chronic alcoholism or regular use of narcotics or dangerous drugs. A family disagreement or general worry does not automatically lead to a person losing his or her driver’s license. The concern must be about a condition that affects the person’s ability to drive safely.
There are also procedural safeguards. Reports must be submitted in writing using a form and procedure approved by the Secretary of State, and the reporting person’s name must be provided. The Secretary of State may not accept or act upon an anonymous report. Information submitted under Section 6-911 is also treated as Confidential under applicable provisions of the Illinois Vehicle Code.
A Family Report Can Lead To A Secretary Of State Re-Examination
Filing a report does not automatically take away someone’s driver’s license. However, it can give the Secretary of State reason to check if the driver is still qualified to maintain a driver’s license. Under 625 ILCS 5/6-207, when the Secretary of State has good cause to believe a licensed driver, permit holder, or applicant is incompetent or otherwise unqualified to hold a driver’s license, the Secretary of State may provide at least five (5) days’ written notice requiring that person to submit to an examination. The examination can include physical, mental, or driving components as prescribed by the Secretary of State.
This process can have serious results. If a driver refuses, ignores, or does not pass a required evaluation or test, their driver’s license can be suspended under 625 ILCS 5/6-206, or canceled under 625 ILCS 5/6-201.
That’s why it is very important not to ignore a Notice from the Secretary of State. Drivers should find out exactly what the Secretary of State is requiring, what the deadline is, and what documents or tests are required to protect their driving privileges.
Why Illinois Changed The Age-Based Testing Requirement
The Road Safety and Fairness Act moves away from judging driving fitness by age alone and instead looks more at actual driving ability and medical conditions that affect safety. According to the Illinois Secretary of State, drivers age 75 and older had a 2024 crash rate of 25.54 crashes per 1,000 licensed drivers, which is lower than every age group from 16 to 74.
The result is a law that provides greater flexibility for older motorists while preserving mechanisms intended to identify drivers whose medical or cognitive condition may create a genuine safety concern. For families, it also creates a formal procedure for addressing situations in which a loved one’s ability to safely drive has deteriorated.
For drivers, however, the practical consequences can be significant whenever a medical report, family submission, traffic history, or required re-examination places a driver’s license in question. Understanding the statutory procedure can make it easier to respond appropriately and protect important legal rights.
Frequently Asked Questions About The Illinois Road Safety And Fairness Act
Do Illinois Drivers Ages 79 Through 86 Still Have To Take A Driving Test?
Generally, no. Effective July 1, 2026, 625 ILCS 5/6-109 no longer requires non-commercial drivers between ages 79 and 86 to take a behind-the-wheel examination simply because they have reached that age. They must still renew in person, and satisfy applicable vision and other renewal requirements. Drivers age 87 and older remain subject to the behind-the-wheel testing requirement. Commercial driver’s license (CDL) holders are treated differently, and CDL holders age 75 and older remain subject to road-testing requirements.
The distinction between an automatic age-based road test and a test ordered for another reason is important. A person younger than 87 can still be required to undergo a driving examination if the Secretary of State has good cause to question that person’s ability to safely drive.
Does The New Law Mean An Older Driver Cannot Lose A License Because Of A Medical Condition?
No. Public Act 104-0169 did not eliminate the Secretary of State’s authority to investigate whether a medical or cognitive condition affects someone’s ability to safely operate a vehicle. In fact, the legislation expanded the reporting process by allowing qualifying immediate family members to submit concerns under 625 ILCS 5/6-911.
If information provides good cause to question a driver’s qualifications, 625 ILCS 5/6-207 permits the Secretary of State to order an examination that may include physical, mental, or driving components. The driver’s age does not prevent the Secretary from requiring such an examination.
Who Can Report A Family Member To The Illinois Secretary Of State?
Under 625 ILCS 5/6-911, an immediate family member may now submit qualifying information concerning a family member’s medical condition that interferes with safe driving. The statute defines an immediate family member as a spouse, parent, grandparent, sibling, or child. Medical practitioners, commissioned Police Officers, State’s Attorneys, and members of the judiciary acting in their official capacities may also submit information under the statute.
The law does not authorize anonymous accusations. A qualifying report must be in writing, submitted in the manner approved by the Secretary of State, and identify the person making the report. The information is Confidential under the Illinois Vehicle Code.
Can Someone Make An Anonymous Report About My Driving?
Not under the reporting procedure established by 625 ILCS 5/6-911. The statute expressly states that information must include the name of the person submitting the report and that the Secretary of State may not accept or act upon anonymous reports.
This safeguard is important because the consequences of a driver-fitness inquiry can be substantial. At the same time, the reporting person’s identity and information submitted through the statutory process are subject to Confidentiality provisions. A driver who receives notice from the Secretary of State should focus on the requirements contained in that notice and the legal process that follows.
What Happens After The Secretary Of State Receives A Report About A Driver?
Receiving a report and losing a driver’s license are not the same thing. The Secretary of State must determine whether there is good cause to question the driver’s qualifications. When good cause exists, 625 ILCS 5/6-207 permits the Secretary of State to provide written notice to the driver requiring an examination, including physical, mental, or driving testing depending on the circumstances.
Drivers should carefully review any Secretary of State correspondence they receive. Missing a required examination or failing to comply with the process can create additional licensing problems. Section 6-207 specifically provides that refusing, neglecting, or failing to successfully complete a required examination may support suspension or cancellation of driving privileges.
How Often Do Illinois Drivers Ages 81 Through 86 Have To Renew Their Licenses?
Under 625 ILCS 5/6-115(g), an original or renewal driver’s license issued to someone between ages 81 and 86 generally expires two (2) years after issuance. Drivers age 87 and older generally have a one (1)-year license renewal period.
The Road Safety and Fairness Act changed the automatic behind-the-wheel testing requirement, but it did not eliminate the 2 (two)-year renewal period established for drivers ages 81 through 86. Therefore, an 84-year-old driver may no longer be required to take a road test solely based upon his or her age, but will generally continue renewing on the shorter schedule established by Illinois law.
What If My License Expired Before July 1, 2026?
Timing can matter. Current Illinois Secretary of State guidance states that a driver between ages 79 and 86 whose license expired before July 1, 2026, but who waited until after that date to renew, may still be required to take a driving test.
Drivers in this situation should not assume that the new testing rule automatically applies simply because their Secretary of State/DMV appointment occurs after July 1. The expiration date and individual renewal circumstances can affect the requirements. Reviewing the renewal notice or obtaining guidance concerning the driver’s specific situation can prevent unexpected problems at the DMV.
Can A Driver Under Age 87 Still Be Ordered To Take A Road Test?
Yes. The Road Safety and Fairness Act eliminated routine road testing based solely upon age for most non-commercial drivers ages 79 through 86. It did not prohibit the Secretary of State from ordering a driving examination when there is a legitimate basis to question someone’s fitness to drive.
Under 625 ILCS 5/6-207, the Secretary of State may require re-examination when there is good cause to believe a driver is incompetent, or otherwise unqualified to hold a driver’s license. Depending upon the circumstances, that evaluation may include physical, mental, and behind-the-wheel testing.
What Should I Do If I Receive A Secretary Of State Re-Examination Notice?
Read the Notice immediately and determine the deadline, type of examination requested, and whether medical documentation is required. Section 6-207 generally authorizes the Secretary of State to require an examination after providing at least five (5) days’ written notice when good cause exists. Ignoring that Notice can put your driving privileges at greater risk.
Depending on the circumstances, medical records, physician evaluations, testing requirements, prior traffic matters, or other documentation may become important. Because the correct response depends upon why the Secretary of State initiated the review, we recommend addressing the specific facts rather than assuming every re-examination follows the same process.
Speak With Franks & Kelly P.C., Attorneys At Law About An Illinois Driver’s License Matter
The Road Safety and Fairness Act creates important protections for older Illinois motorists, but it also gives the Secretary of State additional information that may lead to a driver-fitness review when legitimate medical concerns arise. When your driver’s license, traffic record, or ability to continue driving is at issue, understanding the applicable Illinois Vehicle Code provisions and responding properly to Illinois Secretary of State notices can be critical.
At Franks & Kelly P.C., Attorneys at Law, we work closely with our clients to help them understand their legal options and make informed decisions throughout the legal process. David Franks has received Super Lawyers recognition in Criminal Defense since 2023, is rated “AV Preeminent” by Martindale-Hubbell, and has achieved a 10.0 Avvo rating. Our approach reflects the Firm’s commitment to “Providing tailored legal services for complex legal matters.”
Our office is conveniently located in Lake in the Hills, Illinois, with a primary focus on serving clients throughout McHenry County. We also regularly represent clients in Lake County and Kane County. If you have questions about the Road Safety and Fairness Act, a Secretary of State re-examination, a driver’s license matter, or another Illinois traffic law issue, call the criminal defense lawyers at Franks & Kelly, P.C., Attorneys at Law, at 847-854-7700 to schedule a confidential consultation.