Section 8000.10  Introduction

 

a)         Section 143.29 of the Illinois Insurance Code provides for an appropriate reduction of the premium for automobile liability insurance of those insureds over the age of 55 who successfully complete a motor vehicle accident prevention course.  The Secretary of State is given the authority to approve motor vehicle accident prevention courses, course instructors, and record maintenance regarding certification of course completion.

 

b)         Definitions.

 

For the purpose of this Part, the following terms shall have these meanings:

 

"Course" shall mean an in person, virtual, or eLearning motor vehicle accident prevention course which is found by the Secretary of State to meet or exceed the standards of the National Safety Council's Defensive Driving Course's 8-hour classroom safety instruction program.  [215 ILCS 5/143.29(a)

 

"Director" shall mean the Director of the Driver Services Department of the Secretary of State's Office.

 

“eLearning” shall mean self-guided learning conducted via electronic media, typically on the internet, with or without the participation of a proctor.

 

"In-Person" shall mean learning conducted while an instructor and students are present together in the same physical space.

 

"Instructor" shall mean an individual who has been approved by both the Provider and Program Administrator for the purpose of conducting an approved in-person or virtual motor vehicle accident prevention course.

 

"Program Administrator" shall mean the Secretary of State employee or department designated by the Secretary as responsible for administering the provisions of this Part.

 

“Provider” shall mean an entity or organization that conducts an approved motor vehicle accident prevention course.

 

"Secretary" shall mean the Illinois Secretary of State.

 

"Successful completion" shall mean attendance at an in-person, eLearning, or virtual class, participation in the entire course, and the satisfactory completion of either knowledge checks/quizzes throughout the course or a final examination at the conclusion of the course, as required under Section 8000.20(a) of this Part.

 

"Virtual" shall mean learning conducted by a live instructor approved by the Program Administrator, in real time, using video conferencing technology.

 

(Source:  Amended at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.20  Course and Provider Approval

 

A Provider that proposes to offer a motor vehicle accident prevention course to the public for liability insurance premium reduction must submit a completed application designating which modality they will use, in-person, virtual, eLearning, or all three, for approval to conduct the course on a form prescribed by the Secretary and receive approval from the Program Administrator before the course can qualify for liability insurance premium reduction.

 

a)         In order to be approved, a motor vehicle accident prevention course must:

 

1)         have been given for at least two years and research documentation showing evidence of effectiveness must be presented.  However, a course which has not been given for at least two years shall be approved on a probationary basis for two years following a review of the course curriculum and a review of an actual presentation of the course, with research documentation showing evidence of effectiveness to be presented prior to renewal of approval;

 

2)         provide a minimum of eight hours of in-person classroom instruction or a minimum of four hours of virtual or e-learning instruction.  It is recommended that the entire course not be completed within a single day to allow time for adequate comprehension of traffic safety concepts.  Instruction, at a minimum, must address the following subject areas:

 

A)        the concept of accident preventability including a discussion of the magnitude of traffic accident problems;

 

B)        defensive driving techniques;

 

C)        alcohol, cannabis, and/or any other drug or medication, and aging process as each affects safe driving ability;

 

D)        the risk factors involved in errant driver attitude and behavior such as speeding, reckless driving, improper lane use; and

 

E)        traffic laws in the State of Illinois.

 

3)         use course materials that present accurate information clearly and logically and clearly define the purpose, goals, and objectives of the program;

 

4)         incorporate audio-visual aids, such as videos and PowerPoint presentations, when appropriate.  Videos must not exceed an aggregate of one quarter of the total presentation time;

 

5)         include, either throughout or at the conclusion, a written or online examination, depending on the type of course taken by the student, covering all subject areas addressed in the course presentation;

 

6)         be able to be subjected to quality control procedures, such as unannounced on-site visits, eLearning monitoring, or virtual monitoring acceptable to the Secretary in order to ensure that the course continues to meet the standards set forth in this Part.  This will involve the periodic review of administrative procedures, documentation of technical or program completions and program monitoring;

 

7)         provide to the Program Administrator a copy of an instructor's manual, course participant's manual, eLearning or virtual presentation deck, and a description of audio-visual aids utilized in the presentation of the course;

 

8)         for an e-learning or virtual course, upon request, provide a log-in credential to the Program Administrator;

 

9)         Provide the course and related program materials using media which allows full access to the course by the deaf and hard of hearing and others requiring accommodation under the Americans with Disabilities Act.

 

10)        Ensure design of the course is suited for online training for persons with minimal keyboarding skills or computer competencies;

 

11)        Ensure that the curriculum design:

 

A)        allows the student the ability to review previous completed modules;

 

B)        allows the course to be taken in increments;

 

C)        prohibits students from advancing to the next section or to the end of the course without spending the required time on each topic; and

 

12)        Have the ability to receive an electronic notification when the student has successfully completed the course prior to the issuance of the certificate of completion.

 

b)         To be approved, a Provider must:

 

1)         provide an instructor preparation course for in-person or virtual instructors of at least eight hours of classroom instruction to ensure competency in delivering the course;

 

2)         provide each instructor with an instructor's manual, instructional material (audio-visuals), and provide student workbooks and/or manuals when necessary to follow and participate in the course;

 

3)         use an instructor or instructors who are approved pursuant to Section 8000.40;

 

4)         provide names and addresses of all in-person course instructors who will be used by the Provider indicating those instructors have been approved pursuant to Section 8000.40 and provide complete applications on all proposed instructors who have not yet been approved;

 

5)         provide the address and description of the classroom facility.  Maximum capacity must be indicated.  In-person and virtual classes may not exceed 50 students or the maximum capacity of the accommodation, whichever is less.  In-person classroom facilities should provide adequate space, lighting, ventilation, and freedom from distracting noises.  If a Provider conducts an approved course at more than one location, an address and description of each classroom facility must be filed;

 

6)         maintain employees or volunteers in the State of Illinois if providing in-person presentations.  Sub-contracting in-person instruction to third parties is not permitted;

 

7)         establish and maintain a record system compatible with the Secretary's requirements for maintenance of records of certification of course completion and submission of that information to the Program Administrator (see Sec. 8000.100) and ensure that the certificate of completion is issued to the same person who took the course;

 

8)         designate an individual as representative of the Provider, including postal address, email address, and telephone number, who is responsible for all dealings with the Secretary, Director, and/or Program Administrator in order to provide efficient administration of the course;

 

9)         provide a postal address, email address, website, and telephone number that may be disseminated to the public;

 

10)        Establish a help desk that is guaranteed to be accessible for the student during reasonable periods of time daily and shall guarantee the student toll-free access to assistance from a person, provide online responses to inquiries, or assist with technical content of the course;

 

11)        Provide documentation identifying all validation sources that will be used to ensure that the student is the person actually completing the course;

 

12)        Establish and maintain a website with a registration portal which must;

 

A)        Display the name of the online course provider organization;

 

B)        Have a secure web server to host the online course;

 

C)        Post the fee for participating in the course;

 

D)        Provide instructions for completing the course;

 

E)        Provide fields for entering the following student information:

 

i)          Full legal name (first, middle, last)(no nicknames may be used;

 

ii)         Illinois Driver's License Number; and

 

iii)        Email address

 

F)         Post the following statements on its course website:

 

i)          "In order to benefit from this course, you must be able to work independently and be comfortable with using a computer"; and

 

ii)         "The online accident prevention course must be completed through an approved Secretary of State accident prevention course provider."

 

iii)        "The accident prevention course is based on best practices in traffic safety and the "Illinois Rules of the Road" and is designed to better prepare drivers with defensive driving tips and techniques.  The course must be successfully completed in its entirety prior to the issuance of a certificate of completion."

 

G)                    Send the Electronic Certificate of Completion to the student using email address provided by the student taking the course and using the following language:

 

Subject Line:  "Online Accident Prevention Course"

Message:  "Your electronic certificate of completion is attached which indicates that you have successfully completed an Online Accident Prevention Course that is equivalent to the National Safety Council's 8-hour defensive driving course."

 

c)         Course and Provider approval must be renewed every two years by submitting a completed application for approval to the Program Administrator.

 

(Source:  Amended at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.30  Delivery Agency Approval (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.40  In-Person and Virtual Course Instructor Approval

 

All in-person and virtual instructors must be approved by the Program Administrator prior to conducting an approved course.

 

a)         To be approved, an instructor must:

 

1)         have the Provider submit to the Program Administrator a completed application on a form prescribed by the Secretary.  The application shall certify that the instructor has successfully completed the Provider's instructor preparation course and has been approved by the Provider as an instructor of the approved course and shall certify that the instructor has experience in communication skills, working knowledge of curriculum topics, ability to organize material for presentation and ability to make accurate assessments of driving attitude and behavior;

 

2)         have held a valid driver's license for a period of at least two consecutive years immediately prior to the date of application.  A lapse in the renewal of the driver's license of 30 days or less shall not render the applicant ineligible. The Program Administrator has the discretion to grant a waiver for a lapse in the renewal of the driver's license in excess of 30 days. Factors to be considered by the Program Administrator when reviewing a request for waiver include, but are not limited to, the length of the driver's license lapse, number of sanctions or convictions, if any, on the driving record, and any extenuating circumstances that prevented the applicant from renewing in a timely manner. An instructor's driving privileges must not have been suspended or revoked for one or more traffic violations within the past seven years; or

 

3)         In-person and virtual instructors who hold a driver’s license from another state must submit a certified driving record from their home state, dated no more than 30 days prior to application, with their application form to the Program Administrator for approval.

 

b)         An in-person or virtual instructor's approval must be renewed every two years by having the Provider submit a completed application for approval to the Program Administrator.

 

(Source:  Amended at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.50  Retroactive Approval (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.60  Denial and Withdrawal of Approval - Hearing

 

a)         Denial

 

1)         The Program Administrator shall deny the approval of:

 

A)        a course and Provider if the Program Administrator determines that such course does not meet or exceed the standards of the National Safety Council's Defensive Driving Course's 8 hour classroom safety instruction program [215 ILCS 5/143.29]; and

 

B)        a course and Provider or instructor who does not meet the requirements of this Part.

 

2)         The Program Administrator shall provide a written denial notice to the Provider or instructor that specifies the reasons for the denial.

 

3)         A Provider or instructor whose approval has been denied by the Program Administrator may request an administrative hearing to contest the denial with the Secretary of State’s Department of Administrative Hearings (see 92 Ill. Adm. Code 1001).

 

b)         Withdrawal

 

1)         Upon determination by the Program Administrator that an approved Provider or instructor is not in compliance with this Part, the Program Administrator shall provide written notice to the Provider, instructor, or both of the facts which support the determination and that approval of the Provider, instructor, or both will be withdrawn unless the Provider or instructor requests an administrative hearing with the Secretary of State’s Department of Administrative Hearings to contest the withdrawal within 35 days from the date of the written notice.

 

2)         An administrative hearing shall be held no later than 90 days after the hearing request is received by the Department of Administrative Hearings.

 

c)         The Administrative Review Law [735 ILCS 5/Art. III] shall apply to and govern all proceedings for the judicial review of the final administrative decision.

 

(Source:  Amended at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.70  Course Administration

 

An approved Provider must:

 

a)         Notify the Program Administrator, within 15 days from course completion, that a student has successfully completed the course on a form and in a manner prescribed by the Program Administrator, including the following information on each student;

 

1)         complete name, sex, and date of birth (as it appears on the student's Illinois driver's license);

 

2)         Illinois driver's license number;

 

3)         Illinois address;

 

4)         name of approved Provider course completed by the student;

 

5)         name of Provider;

 

6)         date of course completion; and

 

7)         in-person or virtual instructor's name or title of eLearning module.

 

The Illinois Secretary of State will not accept a certificate of completion if it has been altered in any way.  The certificate must be printed on standard 8˝" x 11" paper.

 

b)         if offering in-person or virtual instruction, provide and train instructors to conduct an in-person or virtual approved course for liability insurance premium reduction;

 

c)         begin each in-person or virtual course by distributing to each participant a printed statement, or providing the same statement electronically to include an acknowledgement check box or similar verification, approved by the Secretary, explaining the limitations of the liability insurance premium reduction and advising the participant to consult with the participant's insurance carrier regarding this premium reduction;

 

d)         conduct the in-person course only in the classroom facility (or facilities) described in its application;

 

e)         perform all administrative functions in connection with the course in accordance with this Part;

 

f)         refund any fees collected from a person enrolled in the course in any situation in which the Provider is unable to conduct the course;

 

g)         authorize the Secretary to audit the records of the approved course and to monitor and evaluate any and all portions of the course, including the classroom facility, use of instructional material, the presentation of the course, eLearning or virtual presentation and content; and

 

h)         provide the Program Administrator with a monthly schedule of course dates, times, and locations, at least 2 weeks prior to the first scheduled course of each month, and a notice of cancellation of any course as soon as possible prior to the date of the cancelled course.

 

(Source:  Amended at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.80  Delivery Agency Course Administration (Repealed)

 

(Source:  Repealed at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.90  Course Advertising

 

a)         The Secretary reserves the right to review and approve all advertising regarding an approved motor vehicle accident prevention course that is offered for liability premium reduction.

 

b)         Advertising by a Provider approved to administer or conduct an approved course must conform with the following:

 

1)         it may not use or allow the use of advertising that portrays the Provider as a representative or employee or in any other way associated with the Secretary of State's Office;

 

2)         it may make no false or misleading claims or statements in any of its advertising relating to insurance premium reduction or program effectiveness and benefits;

 

3)         print and digital advertising must provide the course fee or fee schedule and shall include a statement advising persons to consult with their insurance carrier regarding the premium reduction; and

 

4)         all advertising must indicate that the Provider and course has been and is currently approved by the Secretary of State.

 

(Source:  Amended at 46 Ill. Reg. 6651, effective April 11, 2022)

 

Section 8000.100  Records of Certification of Course Completion

 

a)         A Provider is responsible for maintaining records on all individuals completing its motor vehicle accident prevention course for liability insurance premium reduction in a manner that will facilitate the ease of verifying an individual's certification of completion to the Program Administrator.  Upon approval of the course, the Provider must present the Program Administrator with an outline of record maintenance processes that will be followed.  These records shall be maintained by the Provider for at least four years.

 

b)         As set forth in Section 8000.70 of this Part, each Provider is required to notify the Program Administrator when a driver successfully completes an accident prevention course.

 

c)         Upon notification of course completion by the Provider, the Secretary shall issue a letter of completion to the driver that may be presented by the driver to the driver's insurer for the purpose of applying for the liability premium reduction.

 

d)         The Secretary shall issue a reproduction of this letter upon written request.  The Secretary shall request further information if necessary to verify the identity and eligibility of the person requesting a duplicate letter.

 

(Source:  Amended at 46 Ill. Reg. 6651, effective April 11, 2022)