TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER e: TRAFFIC SAFETY (EXCEPT HAZARDOUS MATERIALS)
PART 445 INSPECTION PROCEDURES FOR SPECIAL EDUCATION SCHOOL BUSES
SECTION 445.40 DEFINITIONS


 

Section 445.40  Definitions

 

            "Body" – Portion of vehicle that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.

 

            "Body-on-Chassis" – Completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.

 

            "Bus" – Every motor vehicle, other than a commuter van, designed for carrying more than ten persons.  (Section 1-107 of the Illinois Vehicle Code (the Code) [625 ILCS 5/1-107])

 

            "Chassis" – Every frame or supportive element of a school bus that contains but is not limited to the axles, engine, drive train, steering components, and suspension which the body is attached to. (Section 1-110.1 of the Code)

 

            "Code" – The Illinois Vehicle Code [625 ILCS 5].

 

            "Commercial Vehicle Safety Section (CVSS)" – A section of the Bureau of Safety Programs of the Division of Traffic Safety of the Illinois Department of Transportation.

 

            "Department" – The Department of Transportation of the State of Illinois, acting directly or through its authorized agents or officers.  (Section 13-100 of the Code)

 

            "Empty Weight" – Unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant.

 

            "Federal Motor Vehicle Safety Standards (FMVSS)" – The rules, regulations and standards set forth in 49 CFR 571.

 

            "Illinois Vehicle Equipment Law" – 625 ILCS 5/Ch. 12.

 

            "Individualized Education Program (IEP)" – A written statement for an exceptional child that provides at least a statement of the child's present levels of educational performance; annual goals and short-term instructional objectives; specific special education and related services (includes transportation); the extent of participation in the regular education program; the projected dates for initiation of services; anticipated duration of services; appropriate objective criteria and evaluation procedures; and a schedule for annual determination of short-term objectives.  The following participants develop the child's IEP:

 

            A representative of the local district, other than the child's teacher, who is authorized to commit services and who is qualified to provide or supervise the provision of special education.

 

            The child's teacher.

 

            One or both of the child's parents or guardians (if possible).

 

            The child, where appropriate.

 

            Other individuals at the discretion of the parent or local district.

 

            "Manufacturer" – Unless otherwise indicated at the point of use, means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the federal and State certification label.

 

            "Passenger" – Every occupant of the vehicle who is not the driver.

 

            "Purchase Date" – Date when purchase transaction was completed, not when body or chassis was built.

 

            "School Bus" –

 

            Type I School Bus – A School Bus with gross vehicle weight rating of more than 10,000 pounds.

 

            Type II School Bus – A School Bus with gross vehicle weight rating of 10,000 pounds or less.  (Section 12-800 of the Illinois Vehicle Equipment Law)

 

            Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:

 

            Any public or private primary or secondary school;

 

            Any primary or secondary school operated by a religious institution; or

 

            Any public, private or religious nursery school.

 

            This definition shall not include the following:

 

            A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:

 

            On a regularly scheduled route for the transportation of other fare paying passengers;

 

            Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or

 

            Being used for shuttle service between attendance centers or other educational facilities.

 

            A motor vehicle of the first division.

 

            A motor vehicle designed for the transportation of not less than 7 nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary  school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. (Section 1-182 of the Code)

 

            "Seat Safety Belt" – Any strap, webbing, or similar device designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt assembly in a motor vehicle.

 

            "Special Education School Buses" – Vehicles constructed to transport children with special needs which require the alteration of specific component requirements (i.e., ramps, lifts, wheelchair accommodations).

 

            "Vehicle" –

 

            First Division:  Those motor vehicles which are designed for the carrying of not more than ten persons.

 

            Second Division:  Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses. (Section 1-217 of the Code)

 

            "Wheelchair Occupant Restraints" – Any strap, webbing or similar device designed to secure a person in a wheelchair in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such restraint in a school bus.

 

            "Wheelchair Securement Anchorages" – The provision for transferring wheelchair securement loads to the vehicle structure.  Commonly referred to as fastening devices.  (49 CFR 571.222)

 

            "Wheelchair Securement Device" – A strap, webbing or other device used for securing a wheelchair to the school bus, including all necessary buckles and other fasteners. (49 CFR 571.222)

 

(Source:  Amended at 22 Ill. Reg. 16327, effective August 25, 1998)