| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/6-402
(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
Sec. 6-402. Qualifications of driver training schools. In order to
qualify for a license to operate a driver training school, each applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open to | | the public which meets the requirements of Section 6-403 through 6-407;
|
|
(d) maintain bodily injury and property damage
| | liability insurance on motor vehicles while used in driving instruction, insuring the liability of the driving school, the driving instructors and any person taking instruction in at least the following amounts: $50,000 for bodily injury to or death of one person in any one crash and, subject to said limit for one person, $100,000 for bodily injury to or death of 2 or more persons in any one crash and the amount of $10,000 for damage to property of others in any one crash. Evidence of such insurance coverage in the form of a certificate from the insurance carrier shall be filed with the Secretary of State, and such certificate shall stipulate that the insurance shall not be cancelled except upon 10 days prior written notice to the Secretary of State. The decal showing evidence of insurance shall be affixed to the windshield of the vehicle;
|
|
(e) provide a continuous surety company bond in the
| | principal sum of $10,000 for a non-accredited school, $40,000 for a CDL or teenage accredited school, $60,000 for a CDL accredited and teenage accredited school, $50,000 for a CDL or teenage accredited school with 3 or more licensed branches, $70,000 for a CDL accredited and teenage accredited school with 3 or more licensed branches for the protection of the contractual rights of students in such form as will meet with the approval of the Secretary of State and written by a company authorized to do business in this State. However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $10,000 for a non-accredited school, $40,000 for a CDL or teenage accredited school, $60,000 for a CDL accredited and teenage accredited school, $50,000 for a CDL or teenage accredited school with 3 or more licensed branches, $70,000 for a CDL accredited and teenage accredited school with 3 or more licensed branches. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the Secretary of State and shall be relieved of liability for any breach of any conditions of the bond which occurs after the effective date of cancellation;
|
|
(f) have the equipment necessary to the giving of
| | proper instruction in the operation of motor vehicles;
|
|
(g) have and use a business telephone listing for all
| |
(h) pay to the Secretary of State an application fee
| | of $500 and $50 for each branch application; and
|
|
(i) authorize an investigation to include a
| | fingerprint based background check to determine if the applicant has ever been convicted of a crime and if so, the disposition of those convictions. The authorization shall indicate the scope of the inquiry and the agencies that may be contacted. Upon this authorization, the Secretary of State may request and receive information and assistance from any federal, State, or local governmental agency as part of the authorized investigation. Each applicant shall have his or her fingerprints submitted to the Illinois State Police in the form and manner prescribed by the Illinois State Police. The fingerprints shall be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record information databases. The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The applicant shall be required to pay all related fingerprint fees including, but not limited to, the amounts established by the Illinois State Police and the Federal Bureau of Investigation to process fingerprint based criminal background investigations. The Illinois State Police shall provide information concerning any criminal convictions and disposition of criminal convictions brought against the applicant upon request of the Secretary of State provided that the request is made in the form and manner required by the Illinois State Police. Unless otherwise prohibited by law, the information derived from the investigation including the source of the information and any conclusions or recommendations derived from the information by the Secretary of State shall be provided to the applicant, or his designee, upon request to the Secretary of State, prior to any final action by the Secretary of State on the application. Any criminal convictions and disposition information obtained by the Secretary of State shall be confidential and may not be transmitted outside the Office of the Secretary of State, except as required herein, and may not be transmitted to anyone within the Office of the Secretary of State except as needed for the purpose of evaluating the applicant. At any administrative hearing held under Section 2-118 of this Code relating to the denial, cancellation, suspension, or revocation of a driver training school license, the Secretary of State is authorized to utilize at that hearing any criminal histories, criminal convictions, and disposition information obtained under this Section. The information obtained from the investigation may be maintained by the Secretary of State or any agency to which the information was transmitted. Only information and standards, which bear a reasonable and rational relation to the performance of a driver training school owner, shall be used by the Secretary of State. Any employee of the Secretary of State who gives or causes to be given away any confidential information concerning any criminal charges or disposition of criminal charges of an applicant shall be guilty of a Class A misdemeanor, unless release of the information is authorized by this Section.
|
|
No license shall be issued under this Section to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or aunt,
nephew or niece, cousin, or in-law of the person whose license to do
business at that location has been revoked or denied or to a person who was
an officer or employee of a business firm that has had its license revoked
or denied, unless the Secretary of State is satisfied the application was
submitted in good faith and not for the purpose or effect of defeating the
intent of this Code.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
|
625 ILCS 5/6-403
(625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
Sec. 6-403. Established Place of Business. The established place of business of each driver training school must be
owned or leased by the driver training school and regularly occupied and
primarily used by that driver training school for the business of selling
and giving driving instructions for hire or for a fee, and the business of
preparing members of the public for examination given by the Secretary of
State for a drivers license.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
625 ILCS 5/6-404
(625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
Sec. 6-404. Location of Schools. The established place of business of each driver training school must be
located in a district which is zoned for business or commercial purposes.
The driver training school office must have a permanent sign clearly
readable from the street, from a distance of no less than 100 feet, with
the name of the driving school upon it.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
625 ILCS 5/6-405
(625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
Sec. 6-405. Restrictions of Locations. The established place of business, or branch office, branch class room
or advertised address of any driver training school shall not consist of or
include a house trailer, residence, tent, temporary stand, temporary
address, office space, a room or rooms in a hotel, rooming house or
apartment house, or premises occupied by a single or multiple unit dwelling
house or telephone answering service.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
625 ILCS 5/6-406
(625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
Sec. 6-406. Required Facilities.
(a) The established place of business of each driver training school
must consist of at least the following permanent facilities:
(1) An office facility;
(2) A class room facility.
(b) The main class room facility of each driver training school must be
reasonably accessible to the main office facility of the driver training
school.
(c) All class room facilities must have adequate lighting, heating,
ventilation, and must comply with all state, and local laws relating to
public health, safety and sanitation.
(d) The main office facility and branch office facility of each driver
training school must contain sufficient space, equipment, records and
personnel to carry on the business of the driver training school. The main
office facility must be specifically devoted to driver training school
business.
(e) A driver training school which as an established place of business
and a main office facility, may operate a branch office or a branch class
room provided that all the requirements for the main office or main class
room are met and that such branch office bears the same name and is
operated as a part of the same business entity as the main office facility.
(f) No driver training school may share any main or branch facility or
facilities with any other driver training school.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
625 ILCS 5/6-407
(625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
Sec. 6-407. Locations and State Facilities. No office or place of business of a driver training school shall be
established within 1,500 feet of any building used as an office by any
department of the Secretary of State having to do with the administration
of any laws relating to motor vehicles, nor may any driving school solicit
or advertise for business within 1,500 feet of any building used as an
office by the Secretary of State having to do with the administration of
any laws relating to motor vehicles.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
625 ILCS 5/6-408
(625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
Sec. 6-408. Records. All driver training schools licensed by the Secretary of State must
maintain a permanent record of instructions given to each student. The
record must contain the name of the school and the name of the student, the
number of all licenses or permits held by the student, the type and date of
instruction given, whether class room or behind the wheel, and the
signature of the instructor.
All permanent student instruction records must be kept on file in the
main office of each driver training school for a period of 3 calendar years
after the student has ceased taking instruction at or with the school.
The records should show the fees and charges of the school and also the
record should show the course content and instructions given to each
student.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
625 ILCS 5/6-408.5
(625 ILCS 5/6-408.5)
Sec. 6-408.5. Courses for students or high school dropouts; limitation.
(a) No driver training school
or driving training instructor licensed under this Act may request a
certificate of completion from the Secretary of State as provided in Section
6-411 for any person who is enrolled as a
student in any public or non-public secondary school at the time such
instruction is to be provided, or who was so enrolled during the semester last
ended if that instruction is to be provided between semesters or during the
summer after the regular school term ends, unless that student has received a
passing grade in at least 8 courses during the 2 semesters last ending prior to
requesting a certificate of completion from the Secretary of State for the
student.
(b) No driver training school or driving training instructor licensed under
this Act may request a certificate of completion from the Secretary of State as
provided in Section 6-411 for any person who has dropped out of school and has
not yet attained the age of 18 years unless the driver training school or
driving training instructor has: 1) obtained written documentation verifying
the
dropout's enrollment in a high school equivalency testing or alternative education program or has obtained
a copy of the dropout's State of Illinois High School Diploma; 2) obtained verification that the
student prior to dropping out had received a passing grade in at least 8
courses during the 2 previous
semesters last ending prior to requesting a certificate of completion; or 3)
obtained written consent from the dropout's parents or guardians and the
regional superintendent.
(c) Students shall be informed of the
eligibility requirements of this Act
in writing at the time of registration.
(d) The superintendent of schools of the
school district in which the student resides and attends school or in which
the student resides at the time he or she drops out of school (with respect
to a public high school student or a dropout from the public high school)
or the chief school administrator (with
respect to a student who attends a non-public high school or a dropout from a
non-public high school) may waive the requirements of this Section if the superintendent
or chief school administrator, as the case
may be, deems it to be in the best interests of the student or dropout.
Before requesting a certificate of completion from the Secretary of State
for any person who is enrolled
as
a student in any public or non-public secondary school or who was so enrolled
in the semester last ending prior to the request for a certificate of
completion from the Secretary of State or who is of high school age, the driver
training school shall
determine from the school district in which that person resides or resided at
the time of dropping out of school, or from the
chief administrator of the non-public high school attended or last
attended by such person, as
the case may be, that such person is not ineligible to receive a certificate
of completion under this Section.
(Source: P.A. 102-1100, eff. 1-1-23 .)
|
625 ILCS 5/6-409
(625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
Sec. 6-409. Display of License. Each driver training school must display at a prominent place in its
main office all of the following:
(a) The State license issued to the school;
(b) The names and addresses and State instructors licenses of all
instructors employed by the school;
(c) The address of all branch offices and branch class rooms.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
625 ILCS 5/6-410
(625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
Sec. 6-410. Vehicle inspections. The Department of Transportation shall
provide for the inspection of all motor vehicles used for driver training,
and shall issue a safety inspection sticker provided:
(a) The motor vehicle has been inspected by the Department and found to
be in safe mechanical condition;
(b) The motor vehicle is equipped with dual control brakes and a
mirror on each side of the motor vehicle so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the
rear of such motor vehicle; and
(c) The motor vehicle is equipped with a sign or signs visible from the
front and the rear in letters no less than 2 inches tall, listing the full
name of the driver training school which has registered and insured the
motor vehicle.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
|
|
|
|