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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
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| 625 ILCS 5/1-217 | from Ch. 95 1/2, par. 1-217 | 625 ILCS 5/6-106.1 | | 625 ILCS 5/13-109 | from Ch. 95 1/2, par. 13-109 |
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Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Sections 1-217, 6-106.1, and 13-109 as follows:
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| 6 | | (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
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| 7 | | Sec. 1-217. Vehicle. Every device, in, upon or by which |
| 8 | | any person or
property is or may be transported or drawn upon a |
| 9 | | highway or requiring a
certificate of title under Section |
| 10 | | 3-101(d) of this Code, except
devices
moved by human power, |
| 11 | | devices used exclusively upon stationary rails or
tracks, and |
| 12 | | snowmobiles as defined in the Snowmobile Registration and
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| 13 | | Safety Act.
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| 14 | | For the purposes of this Code, unless otherwise |
| 15 | | prescribed, a device
shall be considered to be a vehicle until |
| 16 | | such time it either comes within
the definition of a junk |
| 17 | | vehicle, as defined under this Code, or a junking
certificate |
| 18 | | is issued for it.
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| 19 | | For this Code, vehicles are divided into 2 divisions:
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| 20 | | First Division: Those motor vehicles which are designed |
| 21 | | for the carrying
of not more than 10 persons.
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| 22 | | Second Division: Those vehicles which are designed for |
| 23 | | carrying more than
10 persons, those designed or used for |
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| 1 | | living quarters and those vehicles
which are designed for |
| 2 | | pulling or carrying property, freight, or cargo and ,
those |
| 3 | | motor vehicles of the First Division remodelled for use and |
| 4 | | used as
motor vehicles of the Second Division, and those motor |
| 5 | | vehicles of the
First Division used and registered as school |
| 6 | | buses.
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| 7 | | (Source: P.A. 92-812, eff. 8-21-02.)
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| 8 | | (625 ILCS 5/6-106.1)
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| 9 | | (Text of Section before amendment by P.A. 102-982) |
| 10 | | Sec. 6-106.1. School bus driver permit.
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| 11 | | (a) The Secretary of State shall issue a school bus driver
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| 12 | | permit to those applicants who have met all the requirements |
| 13 | | of the
application and screening process under this Section to |
| 14 | | insure the
welfare and safety of children who are transported |
| 15 | | on school buses
throughout the State of Illinois. Applicants |
| 16 | | shall obtain the
proper application required by the Secretary |
| 17 | | of State from their
prospective or current employer and submit |
| 18 | | the completed
application to the prospective or current |
| 19 | | employer along
with the necessary fingerprint submission as |
| 20 | | required by the Illinois
State Police to conduct fingerprint |
| 21 | | based criminal background
checks on current and future |
| 22 | | information available in the state
system and current |
| 23 | | information available through the Federal Bureau
of |
| 24 | | Investigation's system. Applicants who have completed the
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| 25 | | fingerprinting requirements shall not be subjected to the
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| 1 | | fingerprinting process when applying for subsequent permits or
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| 2 | | submitting proof of successful completion of the annual |
| 3 | | refresher
course. Individuals who on July 1, 1995 (the |
| 4 | | effective date of Public Act 88-612) possess a valid
school |
| 5 | | bus driver permit that has been previously issued by the |
| 6 | | appropriate
Regional School Superintendent are not subject to |
| 7 | | the fingerprinting
provisions of this Section as long as the |
| 8 | | permit remains valid and does not
lapse. The applicant shall |
| 9 | | be required to pay all related
application and fingerprinting |
| 10 | | fees as established by rule
including, but not limited to, the |
| 11 | | amounts established by the Illinois
State Police and the |
| 12 | | Federal Bureau of Investigation to process
fingerprint based |
| 13 | | criminal background investigations. All fees paid for
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| 14 | | fingerprint processing services under this Section shall be |
| 15 | | deposited into the
State Police Services Fund for the cost |
| 16 | | incurred in processing the fingerprint
based criminal |
| 17 | | background investigations. All other fees paid under this
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| 18 | | Section shall be deposited into the Road
Fund for the purpose |
| 19 | | of defraying the costs of the Secretary of State in
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| 20 | | administering this Section. All applicants must:
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| 21 | | 1. be 21 years of age or older;
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| 22 | | 2. possess a valid and properly classified driver's |
| 23 | | license
issued by the Secretary of State;
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| 24 | | 3. possess a valid driver's license, which has not |
| 25 | | been
revoked, suspended, or canceled for 3 years |
| 26 | | immediately prior to
the date of application, or have not |
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| 1 | | had his or her commercial motor vehicle
driving privileges
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| 2 | | disqualified within the 3 years immediately prior to the |
| 3 | | date of application;
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| 4 | | 4. successfully pass a written test, administered by |
| 5 | | the
Secretary of State, on school bus operation, school |
| 6 | | bus safety, and
special traffic laws relating to school |
| 7 | | buses and submit to a review
of the applicant's driving |
| 8 | | habits by the Secretary of State at the time the
written |
| 9 | | test is given;
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| 10 | | 5. demonstrate ability to exercise reasonable care in |
| 11 | | the operation of
school buses in accordance with rules |
| 12 | | promulgated by the Secretary of State;
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| 13 | | 6. demonstrate physical fitness to operate school |
| 14 | | buses by
submitting the results of a medical examination, |
| 15 | | including tests for drug
use for each applicant not |
| 16 | | subject to such testing pursuant to
federal law, conducted |
| 17 | | by a licensed physician, a licensed advanced practice |
| 18 | | registered nurse, or a licensed physician assistant
within |
| 19 | | 90 days of the date
of application according to standards |
| 20 | | promulgated by the Secretary of State;
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| 21 | | 7. affirm under penalties of perjury that he or she |
| 22 | | has not made a
false statement or knowingly concealed a |
| 23 | | material fact
in any application for permit;
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| 24 | | 8. have completed an initial classroom course, |
| 25 | | including first aid
procedures, in school bus driver |
| 26 | | safety as promulgated by the Secretary of
State; and after |
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| 1 | | satisfactory completion of said initial course an annual
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| 2 | | refresher course; such courses and the agency or |
| 3 | | organization conducting such
courses shall be approved by |
| 4 | | the Secretary of State; failure to
complete the annual |
| 5 | | refresher course, shall result in
cancellation of the |
| 6 | | permit until such course is completed;
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| 7 | | 9. not have been under an order of court supervision |
| 8 | | for or convicted of 2 or more serious traffic offenses, as
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| 9 | | defined by rule, within one year prior to the date of |
| 10 | | application that may
endanger the life or safety of any of |
| 11 | | the driver's passengers within the
duration of the permit |
| 12 | | period;
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| 13 | | 10. not have been under an order of court supervision |
| 14 | | for or convicted of reckless driving, aggravated reckless |
| 15 | | driving, driving while under the influence of alcohol, |
| 16 | | other drug or drugs, intoxicating compound or compounds or |
| 17 | | any combination thereof, or reckless homicide resulting |
| 18 | | from the operation of a motor
vehicle within 3 years of the |
| 19 | | date of application;
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| 20 | | 11. not have been convicted of committing or |
| 21 | | attempting
to commit any
one or more of the following |
| 22 | | offenses: (i) those offenses defined in
Sections 8-1, |
| 23 | | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, |
| 24 | | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, |
| 25 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, |
| 26 | | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, |
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| 1 | | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, |
| 2 | | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
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| 3 | | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, |
| 4 | | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, |
| 5 | | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
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| 6 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, |
| 7 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
| 8 | | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, |
| 9 | | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
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| 10 | | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, |
| 11 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, |
| 12 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
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| 13 | | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), |
| 14 | | of Section 24-3, and those offenses contained in Article |
| 15 | | 29D of the Criminal Code of 1961 or the Criminal Code of |
| 16 | | 2012; (ii) those offenses defined in the
Cannabis Control |
| 17 | | Act except those offenses defined in subsections (a) and
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| 18 | | (b) of Section 4, and subsection (a) of Section 5 of the |
| 19 | | Cannabis Control
Act; (iii) those offenses defined in the |
| 20 | | Illinois Controlled Substances
Act; (iv) those offenses |
| 21 | | defined in the Methamphetamine Control and Community |
| 22 | | Protection Act; (v) any offense committed or attempted in |
| 23 | | any other state or against
the laws of the United States, |
| 24 | | which if committed or attempted in this
State would be |
| 25 | | punishable as one or more of the foregoing offenses; (vi)
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| 26 | | the offenses defined in Section 4.1 and 5.1 of the Wrongs |
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| 1 | | to Children Act or Section 11-9.1A of the Criminal Code of |
| 2 | | 1961 or the Criminal Code of 2012; (vii) those offenses |
| 3 | | defined in Section 6-16 of the Liquor Control Act of
1934;
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| 4 | | and (viii) those offenses defined in the Methamphetamine |
| 5 | | Precursor Control Act;
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| 6 | | 12. not have been repeatedly involved as a driver in |
| 7 | | motor vehicle
collisions or been repeatedly convicted of |
| 8 | | offenses against
laws and ordinances regulating the |
| 9 | | movement of traffic, to a degree which
indicates lack of |
| 10 | | ability to exercise ordinary and reasonable care in the
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| 11 | | safe operation of a motor vehicle or disrespect for the |
| 12 | | traffic laws and
the safety of other persons upon the |
| 13 | | highway;
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| 14 | | 13. not have, through the unlawful operation of a |
| 15 | | motor
vehicle, caused an accident resulting in the death |
| 16 | | of any person;
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| 17 | | 14. not have, within the last 5 years, been adjudged |
| 18 | | to be
afflicted with or suffering from any mental |
| 19 | | disability or disease;
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| 20 | | 15. consent, in writing, to the release of results of |
| 21 | | reasonable suspicion drug and alcohol testing under |
| 22 | | Section 6-106.1c of this Code by the employer of the |
| 23 | | applicant to the Secretary of State; and |
| 24 | | 16. not have been convicted of committing or |
| 25 | | attempting to commit within the last 20 years: (i) an |
| 26 | | offense defined in subsection (c) of Section 4, subsection |
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| 1 | | (b) of Section 5, and subsection (a) of Section 8 of the |
| 2 | | Cannabis Control Act; or (ii) any offenses in any other |
| 3 | | state or against the laws of the United States that, if |
| 4 | | committed or attempted in this State, would be punishable |
| 5 | | as one or more of the foregoing offenses. |
| 6 | | (a-5) If an applicant's driver's license has been |
| 7 | | suspended within the 3 years immediately prior to the date of |
| 8 | | application for the sole reason of failure to pay child |
| 9 | | support, that suspension shall not bar the applicant from |
| 10 | | receiving a school bus driver permit. |
| 11 | | (b) A school bus driver permit shall be valid for a period |
| 12 | | specified by
the Secretary of State as set forth by rule. It |
| 13 | | shall be renewable upon compliance with subsection (a) of this
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| 14 | | Section.
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| 15 | | (c) A school bus driver permit shall contain the holder's |
| 16 | | driver's
license number, legal name, residence address, zip |
| 17 | | code, and date
of birth, a brief description of the holder and |
| 18 | | a space for signature. The
Secretary of State may require a |
| 19 | | suitable photograph of the holder.
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| 20 | | (d) The employer shall be responsible for conducting a |
| 21 | | pre-employment
interview with prospective school bus driver |
| 22 | | candidates, distributing school
bus driver applications and |
| 23 | | medical forms to be completed by the applicant, and
submitting |
| 24 | | the applicant's fingerprint cards to the Illinois State Police
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| 25 | | that are required for the criminal background investigations. |
| 26 | | The employer
shall certify in writing to the Secretary of |
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| 1 | | State that all pre-employment
conditions have been |
| 2 | | successfully completed including the successful completion
of |
| 3 | | an Illinois specific criminal background investigation through |
| 4 | | the Illinois
State Police and the submission of necessary
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| 5 | | fingerprints to the Federal Bureau of Investigation for |
| 6 | | criminal
history information available through the Federal |
| 7 | | Bureau of
Investigation system. The applicant shall present |
| 8 | | the
certification to the Secretary of State at the time of |
| 9 | | submitting
the school bus driver permit application.
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| 10 | | (e) Permits shall initially be provisional upon receiving
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| 11 | | certification from the employer that all pre-employment |
| 12 | | conditions
have been successfully completed, and upon |
| 13 | | successful completion of
all training and examination |
| 14 | | requirements for the classification of
the vehicle to be |
| 15 | | operated, the Secretary of State shall
provisionally issue a |
| 16 | | School Bus Driver Permit. The permit shall
remain in a |
| 17 | | provisional status pending the completion of the
Federal |
| 18 | | Bureau of Investigation's criminal background investigation |
| 19 | | based
upon fingerprinting specimens submitted to the Federal |
| 20 | | Bureau of
Investigation by the Illinois State Police. The |
| 21 | | Federal Bureau of
Investigation shall report the findings |
| 22 | | directly to the Secretary
of State. The Secretary of State |
| 23 | | shall remove the bus driver
permit from provisional status |
| 24 | | upon the applicant's successful
completion of the Federal |
| 25 | | Bureau of Investigation's criminal
background investigation.
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| 26 | | (f) A school bus driver permit holder shall notify the
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| 1 | | employer and the Secretary of State if he or she is issued an |
| 2 | | order of court supervision for or convicted in
another state |
| 3 | | of an offense that would make him or her ineligible
for a |
| 4 | | permit under subsection (a) of this Section. The
written |
| 5 | | notification shall be made within 5 days of the entry of
the |
| 6 | | order of court supervision or conviction. Failure of the |
| 7 | | permit holder to provide the
notification is punishable as a |
| 8 | | petty
offense for a first violation and a Class B misdemeanor |
| 9 | | for a
second or subsequent violation.
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| 10 | | (g) Cancellation; suspension; notice and procedure.
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| 11 | | (1) The Secretary of State shall cancel a school bus
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| 12 | | driver permit of an applicant whose criminal background |
| 13 | | investigation
discloses that he or she is not in |
| 14 | | compliance with the provisions of subsection
(a) of this |
| 15 | | Section.
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| 16 | | (2) The Secretary of State shall cancel a school
bus |
| 17 | | driver permit when he or she receives notice that the |
| 18 | | permit holder fails
to comply with any provision of this |
| 19 | | Section or any rule promulgated for the
administration of |
| 20 | | this Section.
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| 21 | | (3) The Secretary of State shall cancel a school bus
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| 22 | | driver permit if the permit holder's restricted commercial |
| 23 | | or
commercial driving privileges are withdrawn or |
| 24 | | otherwise
invalidated.
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| 25 | | (4) The Secretary of State may not issue a school bus
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| 26 | | driver permit for a period of 3 years to an applicant who |
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| 1 | | fails to
obtain a negative result on a drug test as |
| 2 | | required in item 6 of
subsection (a) of this Section or |
| 3 | | under federal law.
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| 4 | | (5) The Secretary of State shall forthwith suspend
a |
| 5 | | school bus driver permit for a period of 3 years upon |
| 6 | | receiving
notice that the holder has failed to obtain a |
| 7 | | negative result on a
drug test as required in item 6 of |
| 8 | | subsection (a) of this Section
or under federal law.
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| 9 | | (6) The Secretary of State shall suspend a school bus |
| 10 | | driver permit for a period of 3 years upon receiving |
| 11 | | notice from the employer that the holder failed to perform |
| 12 | | the inspection procedure set forth in subsection (a) or |
| 13 | | (b) of Section 12-816 of this Code. |
| 14 | | (7) The Secretary of State shall suspend a school bus |
| 15 | | driver permit for a period of 3 years upon receiving |
| 16 | | notice from the employer that the holder refused to submit |
| 17 | | to an alcohol or drug test as required by Section 6-106.1c |
| 18 | | or has submitted to a test required by that Section which |
| 19 | | disclosed an alcohol concentration of more than 0.00 or |
| 20 | | disclosed a positive result on a National Institute on |
| 21 | | Drug Abuse five-drug panel, utilizing federal standards |
| 22 | | set forth in 49 CFR 40.87. |
| 23 | | The Secretary of State shall notify the State |
| 24 | | Superintendent
of Education and the permit holder's |
| 25 | | prospective or current
employer that the applicant has (1) has |
| 26 | | failed a criminal
background investigation or (2) is no
longer |
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| 1 | | eligible for a school bus driver permit; and of the related
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| 2 | | cancellation of the applicant's provisional school bus driver |
| 3 | | permit. The
cancellation shall remain in effect pending the |
| 4 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
| 5 | | The scope of the
hearing shall be limited to the issuance |
| 6 | | criteria contained in
subsection (a) of this Section. A |
| 7 | | petition requesting a
hearing shall be submitted to the |
| 8 | | Secretary of State and shall
contain the reason the individual |
| 9 | | feels he or she is entitled to a
school bus driver permit. The |
| 10 | | permit holder's
employer shall notify in writing to the |
| 11 | | Secretary of State
that the employer has certified the removal |
| 12 | | of the offending school
bus driver from service prior to the |
| 13 | | start of that school bus
driver's next workshift. An employing |
| 14 | | school board that fails to
remove the offending school bus |
| 15 | | driver from service is
subject to the penalties defined in |
| 16 | | Section 3-14.23 of the School Code. A
school bus
contractor |
| 17 | | who violates a provision of this Section is
subject to the |
| 18 | | penalties defined in Section 6-106.11.
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| 19 | | All valid school bus driver permits issued under this |
| 20 | | Section
prior to January 1, 1995, shall remain effective until |
| 21 | | their
expiration date unless otherwise invalidated.
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| 22 | | (h) When a school bus driver permit holder who is a service |
| 23 | | member is called to active duty, the employer of the permit |
| 24 | | holder shall notify the Secretary of State, within 30 days of |
| 25 | | notification from the permit holder, that the permit holder |
| 26 | | has been called to active duty. Upon notification pursuant to |
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| 1 | | this subsection, (i) the Secretary of State shall characterize |
| 2 | | the permit as inactive until a permit holder renews the permit |
| 3 | | as provided in subsection (i) of this Section, and (ii) if a |
| 4 | | permit holder fails to comply with the requirements of this |
| 5 | | Section while called to active duty, the Secretary of State |
| 6 | | shall not characterize the permit as invalid. |
| 7 | | (i) A school bus driver permit holder who is a service |
| 8 | | member returning from active duty must, within 90 days, renew |
| 9 | | a permit characterized as inactive pursuant to subsection (h) |
| 10 | | of this Section by complying with the renewal requirements of |
| 11 | | subsection (b) of this Section. |
| 12 | | (j) For purposes of subsections (h) and (i) of this |
| 13 | | Section: |
| 14 | | "Active duty" means active duty pursuant to an executive |
| 15 | | order of the President of the United States, an act of the |
| 16 | | Congress of the United States, or an order of the Governor. |
| 17 | | "Service member" means a member of the Armed Services or |
| 18 | | reserve forces of the United States or a member of the Illinois |
| 19 | | National Guard. |
| 20 | | (k) A private carrier employer of a school bus driver |
| 21 | | permit holder, having satisfied the employer requirements of |
| 22 | | this Section, shall be held to a standard of ordinary care for |
| 23 | | intentional acts committed in the course of employment by the |
| 24 | | bus driver permit holder. This subsection (k) shall in no way |
| 25 | | limit the liability of the private carrier employer for |
| 26 | | violation of any provision of this Section or for the |
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| 1 | | negligent hiring or retention of a school bus driver permit |
| 2 | | holder. |
| 3 | | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; |
| 4 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. |
| 5 | | 1-1-23; 102-813, eff. 5-13-22; revised 12-14-22.)
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| 6 | | (Text of Section after amendment by P.A. 102-982)
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| 7 | | Sec. 6-106.1. School bus driver permit.
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| 8 | | (a) The Secretary of State shall issue a school bus driver
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| 9 | | permit for the operation of first or second division vehicles
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| 10 | | being operated as school buses or a permit valid only for the
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| 11 | | operation of first division vehicles being operated as school
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| 12 | | buses to those applicants who have met all the requirements of |
| 13 | | the
application and screening process under this Section to |
| 14 | | insure the
welfare and safety of children who are transported |
| 15 | | on school buses
throughout the State of Illinois. Applicants |
| 16 | | shall obtain the
proper application required by the Secretary |
| 17 | | of State from their
prospective or current employer and submit |
| 18 | | the completed
application to the prospective or current |
| 19 | | employer along
with the necessary fingerprint submission as |
| 20 | | required by the Illinois
State Police to conduct |
| 21 | | fingerprint-based fingerprint based criminal background
checks |
| 22 | | on current and future information available in the State state
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| 23 | | system and current information available through the Federal |
| 24 | | Bureau
of Investigation's system. Applicants who have |
| 25 | | completed the
fingerprinting requirements shall not be |
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| 1 | | subjected to the
fingerprinting process when applying for |
| 2 | | subsequent permits or
submitting proof of successful |
| 3 | | completion of the annual refresher
course. Individuals who on |
| 4 | | July 1, 1995 (the effective date of Public Act 88-612) possess |
| 5 | | a valid
school bus driver permit that has been previously |
| 6 | | issued by the appropriate
Regional School Superintendent are |
| 7 | | not subject to the fingerprinting
provisions of this Section |
| 8 | | as long as the permit remains valid and does not
lapse. The |
| 9 | | applicant shall be required to pay all related
application and |
| 10 | | fingerprinting fees as established by rule,
including, but not |
| 11 | | limited to, the amounts established by the Illinois
State |
| 12 | | Police and the Federal Bureau of Investigation to process |
| 13 | | fingerprint-based
fingerprint based criminal background |
| 14 | | investigations. All fees paid for
fingerprint processing |
| 15 | | services under this Section shall be deposited into the
State |
| 16 | | Police Services Fund for the cost incurred in processing the |
| 17 | | fingerprint-based fingerprint
based criminal background |
| 18 | | investigations. All other fees paid under this
Section shall |
| 19 | | be deposited into the Road
Fund for the purpose of defraying |
| 20 | | the costs of the Secretary of State in
administering this |
| 21 | | Section. Other than any applicant to operate a first division
|
| 22 | | vehicle, all All applicants must:
|
| 23 | | 1. be 21 years of age or older;
|
| 24 | | 2. possess a valid and properly classified driver's |
| 25 | | license
issued by the Secretary of State;
|
| 26 | | 3. possess a valid driver's license, which has not |
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| 1 | | been
revoked, suspended, or canceled for 3 years |
| 2 | | immediately prior to
the date of application, or have not |
| 3 | | had his or her commercial motor vehicle
driving privileges
|
| 4 | | disqualified within the 3 years immediately prior to the |
| 5 | | date of application;
|
| 6 | | 4. successfully pass a school bus or second division |
| 7 | | written test, administered by the
Secretary of State, on |
| 8 | | school bus operation, school bus safety, and
special |
| 9 | | traffic laws relating to school buses and submit to a |
| 10 | | review
of the applicant's driving habits by the Secretary |
| 11 | | of State at the time the
written test is given;
|
| 12 | | 5. demonstrate ability to exercise reasonable care in |
| 13 | | the operation of
school buses in accordance with rules |
| 14 | | promulgated by the Secretary of State;
|
| 15 | | 6. demonstrate physical fitness to operate school |
| 16 | | buses by
submitting the results of a medical examination, |
| 17 | | including tests for drug
use for each applicant not |
| 18 | | subject to such testing pursuant to
federal law, conducted |
| 19 | | by a licensed physician, a licensed advanced practice |
| 20 | | registered nurse, or a licensed physician assistant
within |
| 21 | | 90 days of the date
of application according to standards |
| 22 | | promulgated by the Secretary of State;
|
| 23 | | 7. affirm under penalties of perjury that he or she |
| 24 | | has not made a
false statement or knowingly concealed a |
| 25 | | material fact
in any application for permit;
|
| 26 | | 8. have completed an initial classroom course, |
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| 1 | | including first aid
procedures, in school bus driver |
| 2 | | safety as promulgated by the Secretary of
State; and, |
| 3 | | after satisfactory completion of said initial course, an |
| 4 | | annual
refresher course; such courses and the agency or |
| 5 | | organization conducting such
courses shall be approved by |
| 6 | | the Secretary of State; failure to
complete the annual |
| 7 | | refresher course, shall result in
cancellation of the |
| 8 | | permit until such course is completed;
|
| 9 | | 9. not have been under an order of court supervision |
| 10 | | for or convicted of 2 or more serious traffic offenses, as
|
| 11 | | defined by rule, within one year prior to the date of |
| 12 | | application that may
endanger the life or safety of any of |
| 13 | | the driver's passengers within the
duration of the permit |
| 14 | | period;
|
| 15 | | 10. not have been under an order of court supervision |
| 16 | | for or convicted of reckless driving, aggravated reckless |
| 17 | | driving, driving while under the influence of alcohol, |
| 18 | | other drug or drugs, intoxicating compound or compounds or |
| 19 | | any combination thereof, or reckless homicide resulting |
| 20 | | from the operation of a motor
vehicle within 3 years of the |
| 21 | | date of application;
|
| 22 | | 11. not have been convicted of committing or |
| 23 | | attempting
to commit any
one or more of the following |
| 24 | | offenses: (i) those offenses defined in
Sections 8-1, |
| 25 | | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, |
| 26 | | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, |
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| 1 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, |
| 2 | | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, |
| 3 | | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, |
| 4 | | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
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| 5 | | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, |
| 6 | | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, |
| 7 | | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
|
| 8 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, |
| 9 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
| 10 | | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, |
| 11 | | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
|
| 12 | | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, |
| 13 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, |
| 14 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
|
| 15 | | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), |
| 16 | | of Section 24-3, and those offenses contained in Article |
| 17 | | 29D of the Criminal Code of 1961 or the Criminal Code of |
| 18 | | 2012; (ii) those offenses defined in the
Cannabis Control |
| 19 | | Act except those offenses defined in subsections (a) and
|
| 20 | | (b) of Section 4, and subsection (a) of Section 5 of the |
| 21 | | Cannabis Control
Act; (iii) those offenses defined in the |
| 22 | | Illinois Controlled Substances
Act; (iv) those offenses |
| 23 | | defined in the Methamphetamine Control and Community |
| 24 | | Protection Act; (v) any offense committed or attempted in |
| 25 | | any other state or against
the laws of the United States, |
| 26 | | which if committed or attempted in this
State would be |
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| 1 | | punishable as one or more of the foregoing offenses; (vi)
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| 2 | | the offenses defined in Section 4.1 and 5.1 of the Wrongs |
| 3 | | to Children Act or Section 11-9.1A of the Criminal Code of |
| 4 | | 1961 or the Criminal Code of 2012; (vii) those offenses |
| 5 | | defined in Section 6-16 of the Liquor Control Act of
1934;
|
| 6 | | and (viii) those offenses defined in the Methamphetamine |
| 7 | | Precursor Control Act;
|
| 8 | | 12. not have been repeatedly involved as a driver in |
| 9 | | motor vehicle
collisions or been repeatedly convicted of |
| 10 | | offenses against
laws and ordinances regulating the |
| 11 | | movement of traffic, to a degree which
indicates lack of |
| 12 | | ability to exercise ordinary and reasonable care in the
|
| 13 | | safe operation of a motor vehicle or disrespect for the |
| 14 | | traffic laws and
the safety of other persons upon the |
| 15 | | highway;
|
| 16 | | 13. not have, through the unlawful operation of a |
| 17 | | motor
vehicle, caused a crash resulting in the death of |
| 18 | | any person;
|
| 19 | | 14. not have, within the last 5 years, been adjudged |
| 20 | | to be
afflicted with or suffering from any mental |
| 21 | | disability or disease;
|
| 22 | | 15. consent, in writing, to the release of results of |
| 23 | | reasonable suspicion drug and alcohol testing under |
| 24 | | Section 6-106.1c of this Code by the employer of the |
| 25 | | applicant to the Secretary of State; and |
| 26 | | 16. not have been convicted of committing or |
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| 1 | | attempting to commit within the last 20 years: (i) an |
| 2 | | offense defined in subsection (c) of Section 4, subsection |
| 3 | | (b) of Section 5, and subsection (a) of Section 8 of the |
| 4 | | Cannabis Control Act; or (ii) any offenses in any other |
| 5 | | state or against the laws of the United States that, if |
| 6 | | committed or attempted in this State, would be punishable |
| 7 | | as one or more of the foregoing offenses. |
| 8 | | (a-5) If an applicant's driver's license has been |
| 9 | | suspended within the 3 years immediately prior to the date of |
| 10 | | application for the sole reason of failure to pay child |
| 11 | | support, that suspension shall not bar the applicant from |
| 12 | | receiving a school bus driver permit. |
| 13 | | (a-7) The Secretary of State, in conjunction with the
|
| 14 | | Illinois State Board of Education, shall develop a
separate |
| 15 | | classroom course and refresher course for
operation of |
| 16 | | vehicles of the first division being operated
as school buses. |
| 17 | | Regional superintendents of schools,
working with the Illinois |
| 18 | | State Board of Education, shall
offer the course. |
| 19 | | (a-10) All applicants to operate a first division
vehicle |
| 20 | | must: |
| 21 | | (1) meet the requirements of paragraphs 1, 2, 3, 7, |
| 22 | | and 9 through 16 of subsection (a); and |
| 23 | | (2) complete the course developed and offered under |
| 24 | | subsection (a-5),
or complete a training course |
| 25 | | administered by the service
provider in which the |
| 26 | | applicant will be employed by, or under
contract with, |
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| 1 | | that covers safe driving practices with a
first division |
| 2 | | vehicle, special considerations for transporting
students |
| 3 | | with disabilities, emergency preparedness, and safe
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| 4 | | pick-up and drop-off procedures. |
| 5 | | (b) A school bus driver permit shall be valid for a period |
| 6 | | specified by
the Secretary of State as set forth by rule. It |
| 7 | | shall be renewable upon compliance with subsection (a) of this
|
| 8 | | Section.
|
| 9 | | (c) A school bus driver permit shall contain the holder's |
| 10 | | driver's
license number, legal name, residence address, zip |
| 11 | | code, and date
of birth, a brief description of the holder, and |
| 12 | | a space for signature. The
Secretary of State may require a |
| 13 | | suitable photograph of the holder.
|
| 14 | | (d) The employer shall be responsible for conducting a |
| 15 | | pre-employment
interview with prospective school bus driver |
| 16 | | candidates, distributing school
bus driver applications and |
| 17 | | medical forms to be completed by the applicant, and
submitting |
| 18 | | the applicant's fingerprint cards to the Illinois State Police
|
| 19 | | that are required for the criminal background investigations. |
| 20 | | The employer
shall certify in writing to the Secretary of |
| 21 | | State that all pre-employment
conditions have been |
| 22 | | successfully completed including the successful completion
of |
| 23 | | an Illinois specific criminal background investigation through |
| 24 | | the Illinois
State Police and the submission of necessary
|
| 25 | | fingerprints to the Federal Bureau of Investigation for |
| 26 | | criminal
history information available through the Federal |
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| 1 | | Bureau of
Investigation system. The applicant shall present |
| 2 | | the
certification to the Secretary of State at the time of |
| 3 | | submitting
the school bus driver permit application.
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| 4 | | (e) Permits shall initially be provisional upon receiving
|
| 5 | | certification from the employer that all pre-employment |
| 6 | | conditions
have been successfully completed, and upon |
| 7 | | successful completion of
all training and examination |
| 8 | | requirements for the classification of
the vehicle to be |
| 9 | | operated, the Secretary of State shall
provisionally issue a |
| 10 | | School Bus Driver Permit. The permit shall
remain in a |
| 11 | | provisional status pending the completion of the
Federal |
| 12 | | Bureau of Investigation's criminal background investigation |
| 13 | | based
upon fingerprinting specimens submitted to the Federal |
| 14 | | Bureau of
Investigation by the Illinois State Police. The |
| 15 | | Federal Bureau of
Investigation shall report the findings |
| 16 | | directly to the Secretary
of State. The Secretary of State |
| 17 | | shall remove the bus driver
permit from provisional status |
| 18 | | upon the applicant's successful
completion of the Federal |
| 19 | | Bureau of Investigation's criminal
background investigation.
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| 20 | | (f) A school bus driver permit holder shall notify the
|
| 21 | | employer and the Secretary of State if he or she is issued an |
| 22 | | order of court supervision for or convicted in
another state |
| 23 | | of an offense that would make him or her ineligible
for a |
| 24 | | permit under subsection (a) of this Section. The
written |
| 25 | | notification shall be made within 5 days of the entry of
the |
| 26 | | order of court supervision or conviction. Failure of the |
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| 1 | | permit holder to provide the
notification is punishable as a |
| 2 | | petty
offense for a first violation and a Class B misdemeanor |
| 3 | | for a
second or subsequent violation.
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| 4 | | (g) Cancellation; suspension; notice and procedure.
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| 5 | | (1) The Secretary of State shall cancel a school bus
|
| 6 | | driver permit of an applicant whose criminal background |
| 7 | | investigation
discloses that he or she is not in |
| 8 | | compliance with the provisions of subsection
(a) of this |
| 9 | | Section.
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| 10 | | (2) The Secretary of State shall cancel a school
bus |
| 11 | | driver permit when he or she receives notice that the |
| 12 | | permit holder fails
to comply with any provision of this |
| 13 | | Section or any rule promulgated for the
administration of |
| 14 | | this Section.
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| 15 | | (3) The Secretary of State shall cancel a school bus
|
| 16 | | driver permit if the permit holder's restricted commercial |
| 17 | | or
commercial driving privileges are withdrawn or |
| 18 | | otherwise
invalidated.
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| 19 | | (4) The Secretary of State may not issue a school bus
|
| 20 | | driver permit for a period of 3 years to an applicant who |
| 21 | | fails to
obtain a negative result on a drug test as |
| 22 | | required in item 6 of
subsection (a) of this Section or |
| 23 | | under federal law.
|
| 24 | | (5) The Secretary of State shall forthwith suspend
a |
| 25 | | school bus driver permit for a period of 3 years upon |
| 26 | | receiving
notice that the holder has failed to obtain a |
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| 1 | | negative result on a
drug test as required in item 6 of |
| 2 | | subsection (a) of this Section
or under federal law.
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| 3 | | (6) The Secretary of State shall suspend a school bus |
| 4 | | driver permit for a period of 3 years upon receiving |
| 5 | | notice from the employer that the holder failed to perform |
| 6 | | the inspection procedure set forth in subsection (a) or |
| 7 | | (b) of Section 12-816 of this Code. |
| 8 | | (7) The Secretary of State shall suspend a school bus |
| 9 | | driver permit for a period of 3 years upon receiving |
| 10 | | notice from the employer that the holder refused to submit |
| 11 | | to an alcohol or drug test as required by Section 6-106.1c |
| 12 | | or has submitted to a test required by that Section which |
| 13 | | disclosed an alcohol concentration of more than 0.00 or |
| 14 | | disclosed a positive result on a National Institute on |
| 15 | | Drug Abuse five-drug panel, utilizing federal standards |
| 16 | | set forth in 49 CFR 40.87. |
| 17 | | The Secretary of State shall notify the State |
| 18 | | Superintendent
of Education and the permit holder's |
| 19 | | prospective or current
employer that the applicant has (1) has |
| 20 | | failed a criminal
background investigation or (2) is no
longer |
| 21 | | eligible for a school bus driver permit; and of the related
|
| 22 | | cancellation of the applicant's provisional school bus driver |
| 23 | | permit. The
cancellation shall remain in effect pending the |
| 24 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
| 25 | | The scope of the
hearing shall be limited to the issuance |
| 26 | | criteria contained in
subsection (a) of this Section. A |
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| 1 | | petition requesting a
hearing shall be submitted to the |
| 2 | | Secretary of State and shall
contain the reason the individual |
| 3 | | feels he or she is entitled to a
school bus driver permit. The |
| 4 | | permit holder's
employer shall notify in writing to the |
| 5 | | Secretary of State
that the employer has certified the removal |
| 6 | | of the offending school
bus driver from service prior to the |
| 7 | | start of that school bus
driver's next work shift workshift. |
| 8 | | An employing school board that fails to
remove the offending |
| 9 | | school bus driver from service is
subject to the penalties |
| 10 | | defined in Section 3-14.23 of the School Code. A
school bus
|
| 11 | | contractor who violates a provision of this Section is
subject |
| 12 | | to the penalties defined in Section 6-106.11.
|
| 13 | | All valid school bus driver permits issued under this |
| 14 | | Section
prior to January 1, 1995, shall remain effective until |
| 15 | | their
expiration date unless otherwise invalidated.
|
| 16 | | (h) When a school bus driver permit holder who is a service |
| 17 | | member is called to active duty, the employer of the permit |
| 18 | | holder shall notify the Secretary of State, within 30 days of |
| 19 | | notification from the permit holder, that the permit holder |
| 20 | | has been called to active duty. Upon notification pursuant to |
| 21 | | this subsection, (i) the Secretary of State shall characterize |
| 22 | | the permit as inactive until a permit holder renews the permit |
| 23 | | as provided in subsection (i) of this Section, and (ii) if a |
| 24 | | permit holder fails to comply with the requirements of this |
| 25 | | Section while called to active duty, the Secretary of State |
| 26 | | shall not characterize the permit as invalid. |
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| 1 | | (i) A school bus driver permit holder who is a service |
| 2 | | member returning from active duty must, within 90 days, renew |
| 3 | | a permit characterized as inactive pursuant to subsection (h) |
| 4 | | of this Section by complying with the renewal requirements of |
| 5 | | subsection (b) of this Section. |
| 6 | | (j) For purposes of subsections (h) and (i) of this |
| 7 | | Section: |
| 8 | | "Active duty" means active duty pursuant to an executive |
| 9 | | order of the President of the United States, an act of the |
| 10 | | Congress of the United States, or an order of the Governor. |
| 11 | | "Service member" means a member of the Armed Services or |
| 12 | | reserve forces of the United States or a member of the Illinois |
| 13 | | National Guard. |
| 14 | | (k) A private carrier employer of a school bus driver |
| 15 | | permit holder, having satisfied the employer requirements of |
| 16 | | this Section, shall be held to a standard of ordinary care for |
| 17 | | intentional acts committed in the course of employment by the |
| 18 | | bus driver permit holder. This subsection (k) shall in no way |
| 19 | | limit the liability of the private carrier employer for |
| 20 | | violation of any provision of this Section or for the |
| 21 | | negligent hiring or retention of a school bus driver permit |
| 22 | | holder. |
| 23 | | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; |
| 24 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. |
| 25 | | 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; revised |
| 26 | | 12-14-22.)
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| 1 | | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
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| 2 | | (Text of Section before amendment by P.A. 102-982)
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| 3 | | Sec. 13-109. Safety test prior to application for
license - |
| 4 | | Subsequent tests - Repairs - Retest. |
| 5 | | (a) Except as otherwise provided in Chapter 13, each |
| 6 | | second division
vehicle, first division vehicle including a |
| 7 | | taxi which is used for a purpose that requires a school bus |
| 8 | | driver permit, and medical transport vehicle, except those |
| 9 | | vehicles other than
school buses or medical transport vehicles |
| 10 | | owned or operated by a municipal
corporation or political |
| 11 | | subdivision having a population of 1,000,000 or
more |
| 12 | | inhabitants which are subjected to safety tests imposed by |
| 13 | | local
ordinance or resolution, operated in whole or in part |
| 14 | | over the highways
of this State, motor vehicle used for driver |
| 15 | | education training, and each vehicle designed to carry 15 or |
| 16 | | fewer passengers
operated by a contract carrier transporting |
| 17 | | employees in the course of
their employment
on a highway of |
| 18 | | this State, shall be subjected to the safety
test provided for |
| 19 | | in Chapter
13 of this Code. Tests shall be conducted at an |
| 20 | | official testing station
within 6 months prior to the |
| 21 | | application for registration as provided
for in this Code. |
| 22 | | Subsequently each vehicle shall be subject to tests (i) at
|
| 23 | | least every 6 months, (ii) in the case of school buses and |
| 24 | | first division vehicles including taxis which are used for a |
| 25 | | purpose that requires a school bus driver permit, at least |
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| 1 | | every 6
months or 10,000 miles, whichever occurs first, (iii) |
| 2 | | in the case of driver education vehicles used by public high |
| 3 | | schools, at least every 12 months for vehicles over 5 model |
| 4 | | years of age or having an odometer reading of over 75,000 |
| 5 | | miles, whichever occurs first, or (iv) in the case of truck |
| 6 | | tractors, semitrailers, and property-carrying vehicles |
| 7 | | registered for a gross weight of more than 10,000 pounds but |
| 8 | | less than 26,001 pounds, at least every 12 months, and |
| 9 | | according to
schedules established by rules and regulations |
| 10 | | promulgated by the
Department. Any component subject to |
| 11 | | regular inspection which is
damaged in a reportable accident |
| 12 | | must be reinspected before the bus or first division vehicle |
| 13 | | including a taxi which is used for a purpose that requires a |
| 14 | | school bus driver permit is
returned to service.
|
| 15 | | (b) The Department shall also conduct periodic |
| 16 | | nonscheduled inspections
of school buses, of buses registered |
| 17 | | as charitable vehicles and of
religious organization buses. If |
| 18 | | such inspection reveals that a vehicle is
not in substantial |
| 19 | | compliance with the rules promulgated by the Department,
the |
| 20 | | Department shall remove the Certificate of Safety from the |
| 21 | | vehicle, and
shall place the vehicle out-of-service. A bright |
| 22 | | orange, triangular decal
shall be placed on an out-of-service |
| 23 | | vehicle where the Certificate of
Safety has been removed. The |
| 24 | | vehicle must pass a safety test at an
official testing station |
| 25 | | before it is again placed in service.
|
| 26 | | (c) If the violation is not substantial a bright yellow, |
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| 1 | | triangular
sticker shall be placed next to the Certificate of |
| 2 | | Safety at the time the
nonscheduled inspection is made. The |
| 3 | | Department shall reinspect the
vehicle after 3 working days to |
| 4 | | determine that the violation has been
corrected and remove the |
| 5 | | yellow, triangular decal. If the violation is not
corrected |
| 6 | | within 3 working days, the Department shall place the vehicle
|
| 7 | | out-of-service in accordance with procedures in subsection |
| 8 | | (b).
|
| 9 | | (d) If a violation is not substantial and does not |
| 10 | | directly affect the
safe operation of the vehicle, the |
| 11 | | Department shall issue a warning notice
requiring correction |
| 12 | | of the violation. Such correction shall be
accomplished as |
| 13 | | soon as practicable and a report of the correction shall be
|
| 14 | | made to the Department within 30 days in a manner established |
| 15 | | by the
Department. If the Department has not been advised that |
| 16 | | the corrections
have been made, and the violations still |
| 17 | | exist, the Department shall place
the vehicle out-of-service |
| 18 | | in accordance with procedures in subsection
(b).
|
| 19 | | (e) The Department is authorized to promulgate regulations |
| 20 | | to implement its
program of nonscheduled inspections. Causing |
| 21 | | or allowing the operation of
an out-of-service vehicle with |
| 22 | | passengers or unauthorized removal of an
out-of-service |
| 23 | | sticker is a Class 3 felony. Causing or allowing the
operation |
| 24 | | of a vehicle with a 3-day sticker for longer than 3 days with |
| 25 | | the
sticker attached or the unauthorized removal of a 3-day |
| 26 | | sticker is a Class C
misdemeanor.
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| 1 | | (f) If a second division vehicle, first division vehicle |
| 2 | | including a taxi which is used for a purpose that requires a |
| 3 | | school bus driver permit, medical transport vehicle, or
|
| 4 | | vehicle operated by a contract carrier as provided in |
| 5 | | subsection (a) of this
Section is in safe
mechanical |
| 6 | | condition, as determined pursuant to Chapter 13, the operator |
| 7 | | of
the official testing station must at once issue to the |
| 8 | | second division
vehicle, first division vehicle including a |
| 9 | | taxi which is used for a purpose that requires a school bus |
| 10 | | driver permit, or medical transport vehicle a certificate of |
| 11 | | safety, in the form
and manner prescribed by the Department, |
| 12 | | which shall be affixed to the
vehicle by the certified safety |
| 13 | | tester who performed the safety tests. The
owner of the second |
| 14 | | division vehicle, first division vehicle including a taxi |
| 15 | | which is used for a purpose that requires a school bus driver |
| 16 | | permit, or medical transport vehicle or the
contract carrier |
| 17 | | shall at
all times display the Certificate of Safety on the |
| 18 | | second division vehicle, first division vehicle including a |
| 19 | | taxi which is used for a purpose that requires a school bus |
| 20 | | driver permit, medical transport vehicle, or vehicle operated |
| 21 | | by a contract carrier
in the manner prescribed by the |
| 22 | | Department.
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| 23 | | (g) If a test shows that a second division vehicle, first |
| 24 | | division vehicle including a taxi which is used for a purpose |
| 25 | | that requires a school bus driver permit, medical
transport
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| 26 | | vehicle, or vehicle operated by a contract carrier is not in |
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| 1 | | safe
mechanical condition as provided in this Section, it
|
| 2 | | shall not be operated on the highways until it has been |
| 3 | | repaired and
submitted to a retest at an official testing |
| 4 | | station. If the owner or
contract carrier submits
the vehicle |
| 5 | | to a retest at
a
different official testing station from that |
| 6 | | where it failed to pass the
first test, he or she shall present |
| 7 | | to the operator of the second station the
report of the |
| 8 | | original test, and shall notify the Department in writing,
|
| 9 | | giving the name and address of the original testing station |
| 10 | | and the defects
which prevented the issuance of a Certificate |
| 11 | | of Safety, and the name and
address of the second official |
| 12 | | testing station making the retest.
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| 13 | | (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
|
| 14 | | (Text of Section after amendment by P.A. 102-982) |
| 15 | | Sec. 13-109. Safety test prior to application for license; |
| 16 | | subsequent tests; repairs; retest
license - Subsequent tests - |
| 17 | | Repairs - Retest. |
| 18 | | (a) Except as otherwise provided in Chapter 13, each |
| 19 | | second division
vehicle, first division vehicle including a |
| 20 | | taxi which is used for a purpose that requires a school bus |
| 21 | | driver permit, and medical transport vehicle, except those |
| 22 | | vehicles other than
school buses or medical transport vehicles |
| 23 | | owned or operated by a municipal
corporation or political |
| 24 | | subdivision having a population of 1,000,000 or
more |
| 25 | | inhabitants which are subjected to safety tests imposed by |
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| 1 | | local
ordinance or resolution, operated in whole or in part |
| 2 | | over the highways
of this State, motor vehicle used for driver |
| 3 | | education training, and each vehicle designed to carry 15 or |
| 4 | | fewer passengers
operated by a contract carrier transporting |
| 5 | | employees in the course of
their employment
on a highway of |
| 6 | | this State, shall be subjected to the safety
test provided for |
| 7 | | in Chapter
13 of this Code. Tests shall be conducted at an |
| 8 | | official testing station
within 6 months prior to the |
| 9 | | application for registration as provided
for in this Code. |
| 10 | | Subsequently each vehicle shall be subject to tests (i) at
|
| 11 | | least every 6 months, (i.5) in the case of first division |
| 12 | | vehicles, including taxis that are used for a purpose that |
| 13 | | requires a school bus driver permit, at least every 12 months, |
| 14 | | (ii) in the case of school buses and first division vehicles |
| 15 | | including taxis which are used for a purpose that requires a |
| 16 | | school bus driver permit, at least every 6
months or 10,000 |
| 17 | | miles, whichever occurs first, (iii) in the case of driver |
| 18 | | education vehicles used by public high schools, at least every |
| 19 | | 12 months for vehicles over 5 model years of age or having an |
| 20 | | odometer reading of over 75,000 miles, whichever occurs first, |
| 21 | | or (iv) in the case of truck tractors, semitrailers, and |
| 22 | | property-carrying vehicles registered for a gross weight of |
| 23 | | more than 10,000 pounds but less than 26,001 pounds, at least |
| 24 | | every 12 months, and according to
schedules established by |
| 25 | | rules and regulations promulgated by the
Department. Any |
| 26 | | component subject to regular inspection which is
damaged in a |
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| 1 | | reportable crash must be reinspected before the bus or first |
| 2 | | division vehicle including a taxi which is used for a purpose |
| 3 | | that requires a school bus driver permit is
returned to |
| 4 | | service.
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| 5 | | (b) The Department shall also conduct periodic |
| 6 | | nonscheduled inspections
of school buses, of buses registered |
| 7 | | as charitable vehicles and of
religious organization buses. If |
| 8 | | such inspection reveals that a vehicle is
not in substantial |
| 9 | | compliance with the rules promulgated by the Department,
the |
| 10 | | Department shall remove the Certificate of Safety from the |
| 11 | | vehicle, and
shall place the vehicle out-of-service. A bright |
| 12 | | orange, triangular decal
shall be placed on an out-of-service |
| 13 | | vehicle where the Certificate of
Safety has been removed. The |
| 14 | | vehicle must pass a safety test at an
official testing station |
| 15 | | before it is again placed in service.
|
| 16 | | (c) If the violation is not substantial a bright yellow, |
| 17 | | triangular
sticker shall be placed next to the Certificate of |
| 18 | | Safety at the time the
nonscheduled inspection is made. The |
| 19 | | Department shall reinspect the
vehicle after 3 working days to |
| 20 | | determine that the violation has been
corrected and remove the |
| 21 | | yellow, triangular decal. If the violation is not
corrected |
| 22 | | within 3 working days, the Department shall place the vehicle
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| 23 | | out-of-service in accordance with procedures in subsection |
| 24 | | (b).
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| 25 | | (d) If a violation is not substantial and does not |
| 26 | | directly affect the
safe operation of the vehicle, the |
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| 1 | | Department shall issue a warning notice
requiring correction |
| 2 | | of the violation. Such correction shall be
accomplished as |
| 3 | | soon as practicable and a report of the correction shall be
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| 4 | | made to the Department within 30 days in a manner established |
| 5 | | by the
Department. If the Department has not been advised that |
| 6 | | the corrections
have been made, and the violations still |
| 7 | | exist, the Department shall place
the vehicle out-of-service |
| 8 | | in accordance with procedures in subsection
(b).
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| 9 | | (e) The Department is authorized to promulgate regulations |
| 10 | | to implement its
program of nonscheduled inspections. Causing |
| 11 | | or allowing the operation of
an out-of-service vehicle with |
| 12 | | passengers or unauthorized removal of an
out-of-service |
| 13 | | sticker is a Class 3 felony. Causing or allowing the
operation |
| 14 | | of a vehicle with a 3-day sticker for longer than 3 days with |
| 15 | | the
sticker attached or the unauthorized removal of a 3-day |
| 16 | | sticker is a Class C
misdemeanor.
|
| 17 | | (f) If a second division vehicle, first division vehicle |
| 18 | | including a taxi which is used for a purpose that requires a |
| 19 | | school bus driver permit, medical transport vehicle, or
|
| 20 | | vehicle operated by a contract carrier as provided in |
| 21 | | subsection (a) of this
Section is in safe
mechanical |
| 22 | | condition, as determined pursuant to Chapter 13, the operator |
| 23 | | of
the official testing station must at once issue to the |
| 24 | | second division
vehicle, first division vehicle including a |
| 25 | | taxi which is used for a purpose that requires a school bus |
| 26 | | driver permit, or medical transport vehicle a certificate of |
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| 1 | | safety, in the form
and manner prescribed by the Department, |
| 2 | | which shall be affixed to the
vehicle by the certified safety |
| 3 | | tester who performed the safety tests. The
owner of the second |
| 4 | | division vehicle, first division vehicle including a taxi |
| 5 | | which is used for a purpose that requires a school bus driver |
| 6 | | permit, or medical transport vehicle or the
contract carrier |
| 7 | | shall at
all times display the Certificate of Safety on the |
| 8 | | second division vehicle, first division vehicle including a |
| 9 | | taxi which is used for a purpose that requires a school bus |
| 10 | | driver permit, medical transport vehicle, or vehicle operated |
| 11 | | by a contract carrier
in the manner prescribed by the |
| 12 | | Department.
|
| 13 | | (g) If a test shows that a second division vehicle, first |
| 14 | | division vehicle including a taxi which is used for a purpose |
| 15 | | that requires a school bus driver permit, medical
transport
|
| 16 | | vehicle, or vehicle operated by a contract carrier is not in |
| 17 | | safe
mechanical condition as provided in this Section, it
|
| 18 | | shall not be operated on the highways until it has been |
| 19 | | repaired and
submitted to a retest at an official testing |
| 20 | | station. If the owner or
contract carrier submits
the vehicle |
| 21 | | to a retest at
a
different official testing station from that |
| 22 | | where it failed to pass the
first test, he or she shall present |
| 23 | | to the operator of the second station the
report of the |
| 24 | | original test, and shall notify the Department in writing,
|
| 25 | | giving the name and address of the original testing station |
| 26 | | and the defects
which prevented the issuance of a Certificate |