|
submitting proof of successful completion of the annual |
refresher
course. Individuals who on the effective date of this |
Act possess a valid
school bus driver permit that has been |
previously issued by the appropriate
Regional School |
Superintendent are not subject to the fingerprinting
|
provisions of this Section as long as the permit remains valid |
and does not
lapse. The applicant shall be required to pay all |
related
application and fingerprinting fees as established by |
rule
including, but not limited to, the amounts established by |
the Department of
State Police and the Federal Bureau of |
Investigation to process
fingerprint based criminal background |
investigations. All fees paid for
fingerprint processing |
services under this Section shall be deposited into the
State |
Police Services Fund for the cost incurred in processing the |
fingerprint
based criminal background investigations. All |
other fees paid under this
Section shall be deposited into the |
Road
Fund for the purpose of defraying the costs of the |
Secretary of State in
administering this Section. All |
applicants must:
|
1. be 21 years of age or older;
|
2. possess a valid and properly classified driver's |
license
issued by the Secretary of State;
|
3. possess a valid driver's license, which has not been
|
revoked, suspended, or canceled for 3 years immediately |
prior to
the date of application, or have not had his or |
her commercial motor vehicle
driving privileges
|
|
disqualified within the 3 years immediately prior to the |
date of application;
|
4. successfully pass a written test, administered by |
the
Secretary of State, on school bus operation, school bus |
safety, and
special traffic laws relating to school buses |
and submit to a review
of the applicant's driving habits by |
the Secretary of State at the time the
written test is |
given;
|
5. demonstrate ability to exercise reasonable care in |
the operation of
school buses in accordance with rules |
promulgated by the Secretary of State;
|
6. demonstrate physical fitness to operate school |
buses by
submitting the results of a medical examination, |
including tests for drug
use for each applicant not subject |
to such testing pursuant to
federal law, conducted by a |
licensed physician, an advanced practice nurse
who has a |
written collaborative agreement with
a collaborating |
physician which authorizes him or her to perform medical
|
examinations, or a physician assistant who has been |
delegated the
performance of medical examinations by his or |
her supervising physician
within 90 days of the date
of |
application according to standards promulgated by the |
Secretary of State;
|
7. affirm under penalties of perjury that he or she has |
not made a
false statement or knowingly concealed a |
material fact
in any application for permit;
|
|
8. have completed an initial classroom course, |
including first aid
procedures, in school bus driver safety |
as promulgated by the Secretary of
State; and after |
satisfactory completion of said initial course an annual
|
refresher course; such courses and the agency or |
organization conducting such
courses shall be approved by |
the Secretary of State; failure to
complete the annual |
refresher course, shall result in
cancellation of the |
permit until such course is completed;
|
9. not have been convicted of 2 or more serious traffic |
offenses, as
defined by rule, within one year prior to the |
date of application that may
endanger the life or safety of |
any of the driver's passengers within the
duration of the |
permit period;
|
10. not have been convicted of reckless driving, |
driving while
intoxicated, or reckless homicide resulting |
from the operation of a motor
vehicle within 3 years of the |
date of application;
|
11. not have been convicted of committing or attempting
|
to commit any
one or more of the following offenses: (i) |
those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, |
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, |
10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6,
11-9, |
11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1, |
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
|
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, |
|
11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9,
|
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
|
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, |
12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, |
18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, |
24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, |
31A-1, 31A-1.1, and
33A-2, and 33D-1, and in subsection (b) |
of Section 8-1, and in subsection (a) and subsection (b), |
clause (1), of Section
12-4, and in subsection (A), clauses |
(a) and (b), of Section 24-3, and those offenses contained |
in Article 29D of the Criminal Code of 1961; (ii) those |
offenses defined in the
Cannabis Control Act except those |
offenses defined in subsections (a) and
(b) of Section 4, |
and subsection (a) of Section 5 of the Cannabis Control
|
Act; (iii) those offenses defined in the Illinois |
Controlled Substances
Act; (iv) those offenses defined in |
the Methamphetamine Control and Community Protection Act; |
(v) any offense committed or attempted in any other state |
or against
the laws of the United States, which if |
committed or attempted in this
State would be punishable as |
one or more of the foregoing offenses; (vi)
the offenses |
defined in Section 4.1 and 5.1 of the Wrongs to Children |
Act; and (vii) those offenses defined in Section 6-16 of |
the Liquor Control Act of
1934;
and (viii) those offenses |
defined in the Methamphetamine Precursor Control Act.
|
|
12. not have been repeatedly involved as a driver in |
motor vehicle
collisions or been repeatedly convicted of |
offenses against
laws and ordinances regulating the |
movement of traffic, to a degree which
indicates lack of |
ability to exercise ordinary and reasonable care in the
|
safe operation of a motor vehicle or disrespect for the |
traffic laws and
the safety of other persons upon the |
highway;
|
13. not have, through the unlawful operation of a motor
|
vehicle, caused an accident resulting in the death of any |
person; and
|
14. not have, within the last 5 years, been adjudged to |
be
afflicted with or suffering from any mental disability |
or disease.
|
(b) A school bus driver permit shall be valid for a period |
specified by
the Secretary of State as set forth by rule. It |
shall be renewable upon compliance with subsection (a) of this
|
Section.
|
(c) A school bus driver permit shall contain the holder's |
driver's
license number, legal name, residence address, zip |
code, social
security number and date
of birth, a brief |
description of the holder and a space for signature. The
|
Secretary of State may require a suitable photograph of the |
holder.
|
(d) The employer shall be responsible for conducting a |
pre-employment
interview with prospective school bus driver |
|
candidates, distributing school
bus driver applications and |
medical forms to be completed by the applicant, and
submitting |
the applicant's fingerprint cards to the Department of State |
Police
that are required for the criminal background |
investigations. The employer
shall certify in writing to the |
Secretary of State that all pre-employment
conditions have been |
successfully completed including the successful completion
of |
an Illinois specific criminal background investigation through |
the
Department of State Police and the submission of necessary
|
fingerprints to the Federal Bureau of Investigation for |
criminal
history information available through the Federal |
Bureau of
Investigation system. The applicant shall present the
|
certification to the Secretary of State at the time of |
submitting
the school bus driver permit application.
|
(e) Permits shall initially be provisional upon receiving
|
certification from the employer that all pre-employment |
conditions
have been successfully completed, and upon |
successful completion of
all training and examination |
requirements for the classification of
the vehicle to be |
operated, the Secretary of State shall
provisionally issue a |
School Bus Driver Permit. The permit shall
remain in a |
provisional status pending the completion of the
Federal Bureau |
of Investigation's criminal background investigation based
|
upon fingerprinting specimens submitted to the Federal Bureau |
of
Investigation by the Department of State Police. The Federal |
Bureau of
Investigation shall report the findings directly to |
|
the Secretary
of State. The Secretary of State shall remove the |
bus driver
permit from provisional status upon the applicant's |
successful
completion of the Federal Bureau of Investigation's |
criminal
background investigation.
|
(f) A school bus driver permit holder shall notify the
|
employer and the Secretary of State if he or she is convicted |
in
another state of an offense that would make him or her |
ineligible
for a permit under subsection (a) of this Section. |
The
written notification shall be made within 5 days of the |
entry of
the conviction. Failure of the permit holder to |
provide the
notification is punishable as a petty
offense for a |
first violation and a Class B misdemeanor for a
second or |
subsequent violation.
|
(g) Cancellation; suspension; notice and procedure.
|
(1) The Secretary of State shall cancel a school bus
|
driver permit of an applicant whose criminal background |
investigation
discloses that he or she is not in compliance |
with the provisions of subsection
(a) of this Section.
|
(2) The Secretary of State shall cancel a school
bus |
driver permit when he or she receives notice that the |
permit holder fails
to comply with any provision of this |
Section or any rule promulgated for the
administration of |
this Section.
|
(3) The Secretary of State shall cancel a school bus
|
driver permit if the permit holder's restricted commercial |
or
commercial driving privileges are withdrawn or |
|
otherwise
invalidated.
|
(4) The Secretary of State may not issue a school bus
|
driver permit for a period of 3 years to an applicant who |
fails to
obtain a negative result on a drug test as |
required in item 6 of
subsection (a) of this Section or |
under federal law.
|
(5) The Secretary of State shall forthwith suspend
a |
school bus driver permit for a period of 3 years upon |
receiving
notice that the holder has failed to obtain a |
negative result on a
drug test as required in item 6 of |
subsection (a) of this Section
or under federal law.
|
(6) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice |
from the employer that the holder failed to perform the |
inspection procedure set forth in subsection (a) or (b) of |
Section 12-816 of this Code. |
The Secretary of State shall notify the State |
Superintendent
of Education and the permit holder's |
prospective or current
employer that the applicant has (1) has |
failed a criminal
background investigation or (2) is no
longer |
eligible for a school bus driver permit; and of the related
|
cancellation of the applicant's provisional school bus driver |
permit. The
cancellation shall remain in effect pending the |
outcome of a
hearing pursuant to Section 2-118 of this Code. |
The scope of the
hearing shall be limited to the issuance |
criteria contained in
subsection (a) of this Section. A |
|
petition requesting a
hearing shall be submitted to the |
Secretary of State and shall
contain the reason the individual |
feels he or she is entitled to a
school bus driver permit. The |
permit holder's
employer shall notify in writing to the |
Secretary of State
that the employer has certified the removal |
of the offending school
bus driver from service prior to the |
start of that school bus
driver's next workshift. An employing |
school board that fails to
remove the offending school bus |
driver from service is
subject to the penalties defined in |
Section 3-14.23 of the School Code. A
school bus
contractor who |
violates a provision of this Section is
subject to the |
penalties defined in Section 6-106.11.
|
All valid school bus driver permits issued under this |
Section
prior to January 1, 1995, shall remain effective until |
their
expiration date unless otherwise invalidated.
|
(h) When a school bus driver permit holder who is a service |
member is called to active duty, the employer of the permit |
holder shall notify the Secretary of State, within 30 days of |
notification from the permit holder, that the permit holder has |
been called to active duty. Upon notification pursuant to this |
subsection, (i) the Secretary of State shall characterize the |
permit as inactive until a permit holder renews the permit as |
provided in subsection (i) of this Section, and (ii) if a |
permit holder fails to comply with the requirements of this |
Section while called to active duty, the Secretary of State |
shall not characterize the permit as invalid. |
|
(i) A school bus driver permit holder who is a service |
member returning from active duty must, within 90 days, renew a |
permit characterized as inactive pursuant to subsection (h) of |
this Section by complying with the renewal requirements of |
subsection (b) of this Section. |
(j) For purposes of subsections (h) and (i) of this |
Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the Armed Services or |
reserve forces of the United States or a member of the Illinois |
National Guard. |
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; |
revised 12-1-09.)
|
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
Sec. 6-508. Commercial Driver's License (CDL) - |
qualification standards.
|
(a) Testing.
|
(1) General. No person shall be issued an original or |
renewal CDL
unless that person is
domiciled in this State. |
The Secretary shall cause to be administered such
tests as |
the Secretary deems necessary to meet the requirements of |
49
C.F.R. Part 383, subparts F, G, H, and J.
|
(2) Third party testing. The Secretary of state may |
|
authorize a
"third party tester", pursuant to 49 C.F.R. |
Part 383.75, to administer the
skills test or tests |
specified by Federal Motor Carrier Safety
Administration |
pursuant to the
Commercial Motor Vehicle Safety Act of 1986 |
and any appropriate federal rule.
|
(b) Waiver of Skills Test. The Secretary of State may waive |
the skills
test specified in this Section for a driver |
applicant for a commercial driver license
who meets the |
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
|
(c) Limitations on issuance of a CDL. A CDL, or a |
commercial driver
instruction permit, shall not be issued to a |
person while the person is
subject to a disqualification from |
driving a commercial motor vehicle, or
unless otherwise |
permitted by this Code, while the person's driver's
license is |
suspended, revoked or cancelled in
any state, or any territory |
or province of Canada; nor may a CDL be issued
to a person who |
has a CDL issued by any other state, or foreign
jurisdiction, |
unless the person first surrenders all such
licenses. No CDL |
shall be issued to or renewed for a person who does not
meet |
the requirement of 49 CFR 391.41(b)(11). The requirement may be |
met with
the aid of a hearing aid.
|
(c-1) The Secretary may issue a CDL with a school bus |
driver endorsement
to allow a person to drive the type of bus |
described in subsection (d-5) of
Section 6-104 of this Code. |
The CDL with a school bus driver endorsement may be
issued only |
to a person meeting the following requirements:
|
|
(1) the person has submitted his or her fingerprints to |
the
Department of State Police in the form and manner
|
prescribed by the Department of State Police. These
|
fingerprints shall be checked against the fingerprint |
records
now and hereafter filed in the Department of State |
Police and
Federal Bureau of Investigation criminal |
history records databases;
|
(2) the person has passed a written test, administered |
by the Secretary of
State, on charter bus operation, |
charter bus safety, and certain special
traffic laws
|
relating to school buses determined by the Secretary of |
State to be relevant to
charter buses, and submitted to a |
review of the driver applicant's driving
habits by the |
Secretary of State at the time the written test is given;
|
(3) the person has demonstrated physical fitness to |
operate school buses
by
submitting the results of a medical |
examination, including tests for drug
use; and
|
(4) the person has not been convicted of committing or |
attempting
to commit any
one or more of the following |
offenses: (i) those offenses defined in
Sections 8-1.2, |
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, |
11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, |
11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, |
11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, |
11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, |
|
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, |
12-4.7, 12-4.9,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, |
12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, |
12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
18-1,
|
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, |
24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, |
24-3.3, 24-3.5, 31A-1, 31A-1.1, and
33A-2, and 33D-1, and |
in subsection (b) of Section 8-1, and in subsection (a) and |
subsection (b), clause (1), of Section
12-4, and in |
subsection (A), clauses (a) and (b), of Section 24-3, and |
those offenses contained in Article 29D of the Criminal |
Code of 1961; (ii) those offenses defined in the
Cannabis |
Control Act except those offenses defined in subsections |
(a) and
(b) of Section 4, and subsection (a) of Section 5 |
of the Cannabis Control
Act; (iii) those offenses defined |
in the Illinois Controlled Substances
Act; (iv) those |
offenses defined in the Methamphetamine Control and |
Community Protection Act; (v) any offense committed or |
attempted in any other state or against
the laws of the |
United States, which if committed or attempted in this
|
State would be punishable as one or more of the foregoing |
offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 |
of the Wrongs to Children Act; and (vii) those offenses |
defined in Section 6-16 of the Liquor Control Act of
1934; |
and (viii) those offenses defined in the Methamphetamine |
Precursor Control Act.
|
|
The Department of State Police shall charge
a fee for |
conducting the criminal history records check, which shall be
|
deposited into the State Police Services Fund and may not |
exceed the actual
cost of the records check.
|
(c-2) The Secretary shall issue a CDL with a school bus |
endorsement to allow a person to drive a school bus as defined |
in this Section. The CDL shall be issued according to the |
requirements outlined in 49 C.F.R. 383. A person may not |
operate a school bus as defined in this Section without a |
school bus endorsement. The Secretary of State may adopt rules |
consistent with Federal guidelines to implement this |
subsection (c-2).
|
(d) Commercial driver instruction permit. A commercial |
driver
instruction permit may be issued to any person holding a |
valid Illinois
driver's license if such person successfully |
passes such tests as the
Secretary determines to be necessary.
|
A commercial driver instruction permit shall not be issued to a |
person who
does not meet
the requirements of 49 CFR 391.41 |
(b)(11), except for the renewal of a
commercial driver
|
instruction permit for a person who possesses a commercial |
instruction permit
prior to the
effective date of this |
amendatory Act of 1999.
|
(Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; |
95-331, eff. 8-21-07; 95-382, eff. 8-23-07.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|