Can my mom practice her driving with an expired license?

[MidwestTech]

My mother and I live in Illinois.

My mother's driver's license was set to expire this year, on her 79th birthday. Because of her age, she would have to take a road test to renew the license. A new written test would not be necessary.

Unfortunately, my mother dawdled and procrastinated, and she finally took the road test on her birthday (the date of license expiration). Even more unfortunate, is that she did not pass the test.

The examiner said that she could take the road test 2 more times in the next 12 months. If she did not pass the road test in either of these 2 attempts, then, on her next attempt at license renewal, she would have to take both the road test and the written test.

So, right now, here is where we stand. Her license has expired, but she needs to practice for another road test. If I (a licensed driver) am in the car with her when she is practicing (and driving without a license in the process), is she still violating the law?

There is one other issue. She has had lessons from private driving instructors, but these instructors insist on teaching her in *their* cars (because their cars have a second brake). They will not teach her in her own car. Their cars are very new and very advanced, and she has a difficult time with these cars. Her car is 25 years old and is easy for her to use.

Thanks in advance for any information.

 

[justalayman]

If she has neither a valid license nor a permit, she simply cannot legally operate a motor vehicle.

 

[MidwestTech]

If she has neither a valid license nor a permit, she simply cannot legally operate a motor vehicle.

Would a 79-year-old woman who has previously had a driver's license, be expected to get a learner's permit? Aren't learner's permits only for teenagers who have never had driver's licenses before?

 

[quincy]

Would a 79-year-old woman who has previously had a driver's license, be expected to get a learner's permit? Aren't learner's permits only for teenagers who have never had driver's licenses before?

Your mother can drive with a driving instructor but she probably will be unable to find a driving instructor who will let her drive her own car. She can call around to see if she can locate one who doesn't mind giving up the second brake, though.

Although I know it is difficult to consider but could it be time for your mother to give up driving?

 

[justalayman]

Would a 79-year-old woman who has previously had a driver's license, be expected to get a learner's permit? Aren't learner's permits only for teenagers who have never had driver's licenses before?

If she wants to practice driving and she no longer has a valid license, yes, she would. Anything else would subject her penalties for violating the law.

Learners permits are for people that need to practice driving so they can eventually obtain a license where they can drive unaccompanied.

 

[quincy]

If she wants to practice driving and she no longer has a valid license, yes, she would. Anything else would subject her penalties for violating the law.

Learners permits are for people that need to practice driving so they can eventually obtain a license where they can drive unaccompanied.

No. A learners permit is not necessary for someone looking to renew a license.

 

[justalayman]

No. A learners permit is not necessary for someone looking to renew a license.

She has no valid drivers license. Are you suggesting a person with an expired license can simply ignore that fact?

The last person I know that got caught driving with an expired license was ticketed and not allowed to drive from the scene.

 

[quincy]

She has no valid drivers license. Are you suggesting a person with an expired license can simply ignore that fact?

She needs to renew an expired license. Her license has not been suspended or revoked.

 

[MidwestTech]

Your link is bad. I fixed it for you.

https://www.nolo.com/legal-encyclopedia/illinois-driving-laws-seniors-older-drivers.html

 

[justalayman]

Sec. 6-101. Drivers must have licenses or permits.
(a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, or a restricted driving permit, issued under the provisions of this Act.
(b) No person shall drive a motor vehicle unless he holds a valid license or permit, or a restricted driving permit issued under the provisions of Section 6-205, 6-206, or 6-113 of this Act. Any person to whom a license is issued under the provisions of this Act must surrender to the Secretary of State all valid licenses or permits, except that an applicant for a non-domiciled commercial learner's permit or commercial driver's license shall not be required to

I see no exemptions in 6–102 that would allow prior holders of a drivers license to drive without a permit or license. Have you found something that allows an unlicensed or non permitted driver to drive in the state of Illinois for the purpose of practicing?

 

[justalayman]

She needs to renew an expired license. Her license has not been suspended or revoked.

And that means she no longer has a valid license.

 

[quincy]

Your link is bad. I fixed it for you.

https://www.nolo.com/legal-encyclopedia/illinois-driving-laws-seniors-older-drivers.html

Thanks, MidwestTech.

Here is another link (that may or may not need fixing ) with contact numbers so you can find out for sure what is necessary:

https://www.cyberdriveillinois.com/services/services_for_seniors/programs.html#rorreview
And justalayman, I have been talking about the mom driving with a driving instructor not with MidwestTech.

 

[justalayman]

Thanks, MidwestTech.

Here is another link (that may or may not need fixing ) with contact numbers so you can find out for sure what is necessary:

https://www.cyberdriveillinois.com/services/services_for_seniors/programs.html#rorreview
And justalayman, I have been talking about the mom driving with a driving instructor not with MidwestTech.

Huh?

Have you found something that would allow her to drive with a driving instructor without a permit? The law i cited seems to preclude even a previously licensed driver from operating a vehicle without a license or permit and I see no exemption in the section of law referred to in that section.

 

[quincy]

I found a phone number for MidwestTech to call to find out what his mother needs in order to drive with an instructor.

 

[justalayman]

I found a phone number for MidwestTech to call to find out what his mother needs in order to drive with an instructor.

Ok but have you found any support for your claim a permit is not needed? While Illinois grants a grace period of 1 year to renew a license during which one is not obligated to take tests, it appears to be limited to only the issue involving a need for testing. I’ve found nothing even suggesting a person would be allowed to drive without a license or permit, regardless who is in the other seats within the car.