Full Text of HB3476 103rd General Assembly
HB3476ham001 103RD GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 3/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3476
| 2 | | AMENDMENT NO. ______. Amend House Bill 3476 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 1-217, 6-106.1, and 13-109 as follows:
| 6 | | (625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
| 7 | | (Text of Section before amendment by P.A. 102-1130 )
| 8 | | Sec. 1-217. Vehicle. Every device, in, upon or by which | 9 | | any person or
property is or may be transported or drawn upon a | 10 | | highway or requiring a
certificate of title under Section | 11 | | 3-101(d) of this Code, except
devices
moved by human power, | 12 | | devices used exclusively upon stationary rails or
tracks , and | 13 | | snowmobiles as defined in the Snowmobile Registration and
| 14 | | Safety Act.
| 15 | | For the purposes of this Code, unless otherwise | 16 | | prescribed, a device
shall be considered to be a vehicle until |
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| 1 | | such time it either comes within
the definition of a junk | 2 | | vehicle, as defined under this Code, or a junking
certificate | 3 | | is issued for it.
| 4 | | For this Code, vehicles are divided into 2 divisions:
| 5 | | First Division: Those motor vehicles which are designed | 6 | | for the carrying
of not more than 10 persons.
| 7 | | Second Division: Those vehicles which are designed for | 8 | | carrying more than
10 persons, those designed or used for | 9 | | living quarters and those vehicles
which are designed for | 10 | | pulling or carrying property, freight , or cargo and ,
those | 11 | | motor vehicles of the First Division remodelled for use and | 12 | | used as
motor vehicles of the Second Division , and those motor | 13 | | vehicles of the
First Division used and registered as school | 14 | | buses .
| 15 | | (Source: P.A. 92-812, eff. 8-21-02.)
| 16 | | (Text of Section after amendment by P.A. 102-1130 )
| 17 | | Sec. 1-217. Vehicle. Every device, in, upon or by which | 18 | | any person or
property is or may be transported or drawn upon a | 19 | | highway or requiring a
certificate of title under Section | 20 | | 3-101(d) of this Code, except
devices
moved by human power, | 21 | | devices used exclusively upon stationary rails or
tracks, and | 22 | | snowmobiles as defined in the Snowmobile Registration and
| 23 | | Safety Act.
| 24 | | For the purposes of this Code, unless otherwise | 25 | | prescribed, a device
shall be considered to be a vehicle until |
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| 1 | | such time it either comes within
the definition of a junk | 2 | | vehicle, as defined under this Code, or a junking
certificate | 3 | | is issued for it.
| 4 | | For this Code, vehicles are divided into 2 divisions:
| 5 | | First Division: Those motor vehicles which are designed | 6 | | for the carrying
of not more than 10 persons.
| 7 | | Second Division: Those vehicles which are designed for | 8 | | carrying more than
10 persons, those designed or used for | 9 | | living quarters and those vehicles
which are designed for | 10 | | pulling or carrying property, freight, or cargo and
those | 11 | | motor vehicles of the First Division remodelled for use and | 12 | | used as
motor vehicles of the Second Division.
| 13 | | (Source: P.A. 102-1130, eff. 7-1-23.)
| 14 | | (625 ILCS 5/6-106.1)
| 15 | | (Text of Section before amendment by P.A. 102-982 ) | 16 | | Sec. 6-106.1. School bus driver permit.
| 17 | | (a) The Secretary of State shall issue a school bus driver
| 18 | | permit to those applicants who have met all the requirements | 19 | | of the
application and screening process under this Section to | 20 | | insure the
welfare and safety of children who are transported | 21 | | on school buses
throughout the State of Illinois. Applicants | 22 | | shall obtain the
proper application required by the Secretary | 23 | | of State from their
prospective or current employer and submit | 24 | | the completed
application to the prospective or current | 25 | | employer along
with the necessary fingerprint submission as |
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| 1 | | required by the Illinois
State Police to conduct fingerprint | 2 | | based criminal background
checks on current and future | 3 | | information available in the state
system and current | 4 | | information available through the Federal Bureau
of | 5 | | Investigation's system. Applicants who have completed the
| 6 | | fingerprinting requirements shall not be subjected to the
| 7 | | fingerprinting process when applying for subsequent permits or
| 8 | | submitting proof of successful completion of the annual | 9 | | refresher
course. Individuals who on July 1, 1995 (the | 10 | | effective date of Public Act 88-612) possess a valid
school | 11 | | bus driver permit that has been previously issued by the | 12 | | appropriate
Regional School Superintendent are not subject to | 13 | | the fingerprinting
provisions of this Section as long as the | 14 | | permit remains valid and does not
lapse. The applicant shall | 15 | | be required to pay all related
application and fingerprinting | 16 | | fees as established by rule
including, but not limited to, the | 17 | | amounts established by the Illinois
State Police and the | 18 | | Federal Bureau of Investigation to process
fingerprint based | 19 | | criminal background investigations. All fees paid for
| 20 | | fingerprint processing services under this Section shall be | 21 | | deposited into the
State Police Services Fund for the cost | 22 | | incurred in processing the fingerprint
based criminal | 23 | | background investigations. All other fees paid under this
| 24 | | Section shall be deposited into the Road
Fund for the purpose | 25 | | of defraying the costs of the Secretary of State in
| 26 | | administering this Section. All applicants must:
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| 1 | | 1. be 21 years of age or older;
| 2 | | 2. possess a valid and properly classified driver's | 3 | | license
issued by the Secretary of State;
| 4 | | 3. possess a valid driver's license, which has not | 5 | | been
revoked, suspended, or canceled for 3 years | 6 | | immediately prior to
the date of application, or have not | 7 | | had his or her commercial motor vehicle
driving privileges
| 8 | | disqualified within the 3 years immediately prior to the | 9 | | date of application;
| 10 | | 4. successfully pass a written test, administered by | 11 | | the
Secretary of State, on school bus operation, school | 12 | | bus safety, and
special traffic laws relating to school | 13 | | buses and submit to a review
of the applicant's driving | 14 | | habits by the Secretary of State at the time the
written | 15 | | test is given;
| 16 | | 5. demonstrate ability to exercise reasonable care in | 17 | | the operation of
school buses in accordance with rules | 18 | | promulgated by the Secretary of State;
| 19 | | 6. demonstrate physical fitness to operate school | 20 | | buses by
submitting the results of a medical examination, | 21 | | including tests for drug
use for each applicant not | 22 | | subject to such testing pursuant to
federal law, conducted | 23 | | by a licensed physician, a licensed advanced practice | 24 | | registered nurse, or a licensed physician assistant
within | 25 | | 90 days of the date
of application according to standards | 26 | | promulgated by the Secretary of State;
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| 1 | | 7. affirm under penalties of perjury that he or she | 2 | | has not made a
false statement or knowingly concealed a | 3 | | material fact
in any application for permit;
| 4 | | 8. have completed an initial classroom course, | 5 | | including first aid
procedures, in school bus driver | 6 | | safety as promulgated by the Secretary of
State; and after | 7 | | satisfactory completion of said initial course an annual
| 8 | | refresher course; such courses and the agency or | 9 | | organization conducting such
courses shall be approved by | 10 | | the Secretary of State; failure to
complete the annual | 11 | | refresher course, shall result in
cancellation of the | 12 | | permit until such course is completed;
| 13 | | 9. not have been under an order of court supervision | 14 | | for or convicted of 2 or more serious traffic offenses, as
| 15 | | defined by rule, within one year prior to the date of | 16 | | application that may
endanger the life or safety of any of | 17 | | the driver's passengers within the
duration of the permit | 18 | | period;
| 19 | | 10. not have been under an order of court supervision | 20 | | for or convicted of reckless driving, aggravated reckless | 21 | | driving, driving while under the influence of alcohol, | 22 | | other drug or drugs, intoxicating compound or compounds or | 23 | | any combination thereof, or reckless homicide resulting | 24 | | from the operation of a motor
vehicle within 3 years of the | 25 | | date of application;
| 26 | | 11. not have been convicted of committing or |
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| 1 | | attempting
to commit any
one or more of the following | 2 | | offenses: (i) those offenses defined in
Sections 8-1, | 3 | | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | 4 | | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, | 5 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | 6 | | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | 7 | | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | 8 | | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
| 9 | | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | 10 | | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | 11 | | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| 12 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, | 13 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | 14 | | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | 15 | | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
| 16 | | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | 17 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | 18 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
| 19 | | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | 20 | | of Section 24-3, and those offenses contained in Article | 21 | | 29D of the Criminal Code of 1961 or the Criminal Code of | 22 | | 2012; (ii) those offenses defined in the
Cannabis Control | 23 | | Act except those offenses defined in subsections (a) and
| 24 | | (b) of Section 4, and subsection (a) of Section 5 of the | 25 | | Cannabis Control
Act; (iii) those offenses defined in the | 26 | | Illinois Controlled Substances
Act; (iv) those offenses |
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| 1 | | defined in the Methamphetamine Control and Community | 2 | | Protection Act; (v) any offense committed or attempted in | 3 | | any other state or against
the laws of the United States, | 4 | | which if committed or attempted in this
State would be | 5 | | punishable as one or more of the foregoing offenses; (vi)
| 6 | | the offenses defined in Section 4.1 and 5.1 of the Wrongs | 7 | | to Children Act or Section 11-9.1A of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012; (vii) those offenses | 9 | | defined in Section 6-16 of the Liquor Control Act of
1934;
| 10 | | and (viii) those offenses defined in the Methamphetamine | 11 | | Precursor Control Act;
| 12 | | 12. not have been repeatedly involved as a driver in | 13 | | motor vehicle
collisions or been repeatedly convicted of | 14 | | offenses against
laws and ordinances regulating the | 15 | | movement of traffic, to a degree which
indicates lack of | 16 | | ability to exercise ordinary and reasonable care in the
| 17 | | safe operation of a motor vehicle or disrespect for the | 18 | | traffic laws and
the safety of other persons upon the | 19 | | highway;
| 20 | | 13. not have, through the unlawful operation of a | 21 | | motor
vehicle, caused an accident resulting in the death | 22 | | of any person;
| 23 | | 14. not have, within the last 5 years, been adjudged | 24 | | to be
afflicted with or suffering from any mental | 25 | | disability or disease;
| 26 | | 15. consent, in writing, to the release of results of |
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| 1 | | reasonable suspicion drug and alcohol testing under | 2 | | Section 6-106.1c of this Code by the employer of the | 3 | | applicant to the Secretary of State; and | 4 | | 16. not have been convicted of committing or | 5 | | attempting to commit within the last 20 years: (i) an | 6 | | offense defined in subsection (c) of Section 4, subsection | 7 | | (b) of Section 5, and subsection (a) of Section 8 of the | 8 | | Cannabis Control Act; or (ii) any offenses in any other | 9 | | state or against the laws of the United States that, if | 10 | | committed or attempted in this State, would be punishable | 11 | | as one or more of the foregoing offenses. | 12 | | (a-5) If an applicant's driver's license has been | 13 | | suspended within the 3 years immediately prior to the date of | 14 | | application for the sole reason of failure to pay child | 15 | | support, that suspension shall not bar the applicant from | 16 | | receiving a school bus driver permit. | 17 | | (b) A school bus driver permit shall be valid for a period | 18 | | specified by
the Secretary of State as set forth by rule. It | 19 | | shall be renewable upon compliance with subsection (a) of this
| 20 | | Section.
| 21 | | (c) A school bus driver permit shall contain the holder's | 22 | | driver's
license number, legal name, residence address, zip | 23 | | code, and date
of birth, a brief description of the holder and | 24 | | a space for signature. The
Secretary of State may require a | 25 | | suitable photograph of the holder.
| 26 | | (d) The employer shall be responsible for conducting a |
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| 1 | | pre-employment
interview with prospective school bus driver | 2 | | candidates, distributing school
bus driver applications and | 3 | | medical forms to be completed by the applicant, and
submitting | 4 | | the applicant's fingerprint cards to the Illinois State Police
| 5 | | that are required for the criminal background investigations. | 6 | | The employer
shall certify in writing to the Secretary of | 7 | | State that all pre-employment
conditions have been | 8 | | successfully completed including the successful completion
of | 9 | | an Illinois specific criminal background investigation through | 10 | | the Illinois
State Police and the submission of necessary
| 11 | | fingerprints to the Federal Bureau of Investigation for | 12 | | criminal
history information available through the Federal | 13 | | Bureau of
Investigation system. The applicant shall present | 14 | | the
certification to the Secretary of State at the time of | 15 | | submitting
the school bus driver permit application.
| 16 | | (e) Permits shall initially be provisional upon receiving
| 17 | | certification from the employer that all pre-employment | 18 | | conditions
have been successfully completed, and upon | 19 | | successful completion of
all training and examination | 20 | | requirements for the classification of
the vehicle to be | 21 | | operated, the Secretary of State shall
provisionally issue a | 22 | | School Bus Driver Permit. The permit shall
remain in a | 23 | | provisional status pending the completion of the
Federal | 24 | | Bureau of Investigation's criminal background investigation | 25 | | based
upon fingerprinting specimens submitted to the Federal | 26 | | Bureau of
Investigation by the Illinois State Police. The |
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| 1 | | Federal Bureau of
Investigation shall report the findings | 2 | | directly to the Secretary
of State. The Secretary of State | 3 | | shall remove the bus driver
permit from provisional status | 4 | | upon the applicant's successful
completion of the Federal | 5 | | Bureau of Investigation's criminal
background investigation.
| 6 | | (f) A school bus driver permit holder shall notify the
| 7 | | employer and the Secretary of State if he or she is issued an | 8 | | order of court supervision for or convicted in
another state | 9 | | of an offense that would make him or her ineligible
for a | 10 | | permit under subsection (a) of this Section. The
written | 11 | | notification shall be made within 5 days of the entry of
the | 12 | | order of court supervision or conviction. Failure of the | 13 | | permit holder to provide the
notification is punishable as a | 14 | | petty
offense for a first violation and a Class B misdemeanor | 15 | | for a
second or subsequent violation.
| 16 | | (g) Cancellation; suspension; notice and procedure.
| 17 | | (1) The Secretary of State shall cancel a school bus
| 18 | | driver permit of an applicant whose criminal background | 19 | | investigation
discloses that he or she is not in | 20 | | compliance with the provisions of subsection
(a) of this | 21 | | Section.
| 22 | | (2) The Secretary of State shall cancel a school
bus | 23 | | driver permit when he or she receives notice that the | 24 | | permit holder fails
to comply with any provision of this | 25 | | Section or any rule promulgated for the
administration of | 26 | | this Section.
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| 1 | | (3) The Secretary of State shall cancel a school bus
| 2 | | driver permit if the permit holder's restricted commercial | 3 | | or
commercial driving privileges are withdrawn or | 4 | | otherwise
invalidated.
| 5 | | (4) The Secretary of State may not issue a school bus
| 6 | | driver permit for a period of 3 years to an applicant who | 7 | | fails to
obtain a negative result on a drug test as | 8 | | required in item 6 of
subsection (a) of this Section or | 9 | | under federal law.
| 10 | | (5) The Secretary of State shall forthwith suspend
a | 11 | | school bus driver permit for a period of 3 years upon | 12 | | receiving
notice that the holder has failed to obtain a | 13 | | negative result on a
drug test as required in item 6 of | 14 | | subsection (a) of this Section
or under federal law.
| 15 | | (6) The Secretary of State shall suspend a school bus | 16 | | driver permit for a period of 3 years upon receiving | 17 | | notice from the employer that the holder failed to perform | 18 | | the inspection procedure set forth in subsection (a) or | 19 | | (b) of Section 12-816 of this Code. | 20 | | (7) The Secretary of State shall suspend a school bus | 21 | | driver permit for a period of 3 years upon receiving | 22 | | notice from the employer that the holder refused to submit | 23 | | to an alcohol or drug test as required by Section 6-106.1c | 24 | | or has submitted to a test required by that Section which | 25 | | disclosed an alcohol concentration of more than 0.00 or | 26 | | disclosed a positive result on a National Institute on |
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| 1 | | Drug Abuse five-drug panel, utilizing federal standards | 2 | | set forth in 49 CFR 40.87. | 3 | | The Secretary of State shall notify the State | 4 | | Superintendent
of Education and the permit holder's | 5 | | prospective or current
employer that the applicant has (1) has | 6 | | failed a criminal
background investigation or (2) is no
longer | 7 | | eligible for a school bus driver permit; and of the related
| 8 | | cancellation of the applicant's provisional school bus driver | 9 | | permit. The
cancellation shall remain in effect pending the | 10 | | outcome of a
hearing pursuant to Section 2-118 of this Code. | 11 | | The scope of the
hearing shall be limited to the issuance | 12 | | criteria contained in
subsection (a) of this Section. A | 13 | | petition requesting a
hearing shall be submitted to the | 14 | | Secretary of State and shall
contain the reason the individual | 15 | | feels he or she is entitled to a
school bus driver permit. The | 16 | | permit holder's
employer shall notify in writing to the | 17 | | Secretary of State
that the employer has certified the removal | 18 | | of the offending school
bus driver from service prior to the | 19 | | start of that school bus
driver's next workshift. An employing | 20 | | school board that fails to
remove the offending school bus | 21 | | driver from service is
subject to the penalties defined in | 22 | | Section 3-14.23 of the School Code. A
school bus
contractor | 23 | | who violates a provision of this Section is
subject to the | 24 | | penalties defined in Section 6-106.11.
| 25 | | All valid school bus driver permits issued under this | 26 | | Section
prior to January 1, 1995, shall remain effective until |
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| 1 | | their
expiration date unless otherwise invalidated.
| 2 | | (h) When a school bus driver permit holder who is a service | 3 | | member is called to active duty, the employer of the permit | 4 | | holder shall notify the Secretary of State, within 30 days of | 5 | | notification from the permit holder, that the permit holder | 6 | | has been called to active duty. Upon notification pursuant to | 7 | | this subsection, (i) the Secretary of State shall characterize | 8 | | the permit as inactive until a permit holder renews the permit | 9 | | as provided in subsection (i) of this Section, and (ii) if a | 10 | | permit holder fails to comply with the requirements of this | 11 | | Section while called to active duty, the Secretary of State | 12 | | shall not characterize the permit as invalid. | 13 | | (i) A school bus driver permit holder who is a service | 14 | | member returning from active duty must, within 90 days, renew | 15 | | a permit characterized as inactive pursuant to subsection (h) | 16 | | of this Section by complying with the renewal requirements of | 17 | | subsection (b) of this Section. | 18 | | (j) For purposes of subsections (h) and (i) of this | 19 | | Section: | 20 | | "Active duty" means active duty pursuant to an executive | 21 | | order of the President of the United States, an act of the | 22 | | Congress of the United States, or an order of the Governor. | 23 | | "Service member" means a member of the Armed Services or | 24 | | reserve forces of the United States or a member of the Illinois | 25 | | National Guard. | 26 | | (k) A private carrier employer of a school bus driver |
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| 1 | | permit holder, having satisfied the employer requirements of | 2 | | this Section, shall be held to a standard of ordinary care for | 3 | | intentional acts committed in the course of employment by the | 4 | | bus driver permit holder. This subsection (k) shall in no way | 5 | | limit the liability of the private carrier employer for | 6 | | violation of any provision of this Section or for the | 7 | | negligent hiring or retention of a school bus driver permit | 8 | | holder. | 9 | | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | 10 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. | 11 | | 1-1-23; 102-813, eff. 5-13-22; revised 12-14-22.) | 12 | | (Text of Section after amendment by P.A. 102-982 )
| 13 | | Sec. 6-106.1. School bus driver permit.
| 14 | | (a) The Secretary of State shall issue a school bus driver
| 15 | | permit for the operation of first or second division vehicles
| 16 | | being operated as school buses or a permit valid only for the
| 17 | | operation of first division vehicles being operated as school
| 18 | | buses to those applicants who have met all the requirements of | 19 | | the
application and screening process under this Section to | 20 | | insure the
welfare and safety of children who are transported | 21 | | on school buses
throughout the State of Illinois. Applicants | 22 | | shall obtain the
proper application required by the Secretary | 23 | | of State from their
prospective or current employer and submit | 24 | | the completed
application to the prospective or current | 25 | | employer along
with the necessary fingerprint submission as |
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| 1 | | required by the Illinois
State Police to conduct | 2 | | fingerprint-based fingerprint based criminal background
checks | 3 | | on current and future information available in the State state
| 4 | | system and current information available through the Federal | 5 | | Bureau
of Investigation's system. Applicants who have | 6 | | completed the
fingerprinting requirements shall not be | 7 | | subjected to the
fingerprinting process when applying for | 8 | | subsequent permits or
submitting proof of successful | 9 | | completion of the annual refresher
course. Individuals who on | 10 | | July 1, 1995 (the effective date of Public Act 88-612) possess | 11 | | a valid
school bus driver permit that has been previously | 12 | | issued by the appropriate
Regional School Superintendent are | 13 | | not subject to the fingerprinting
provisions of this Section | 14 | | as long as the permit remains valid and does not
lapse. The | 15 | | applicant shall be required to pay all related
application and | 16 | | fingerprinting fees as established by rule ,
including, but not | 17 | | limited to, the amounts established by the Illinois
State | 18 | | Police and the Federal Bureau of Investigation to process | 19 | | fingerprint-based
fingerprint based criminal background | 20 | | investigations. All fees paid for
fingerprint processing | 21 | | services under this Section shall be deposited into the
State | 22 | | Police Services Fund for the cost incurred in processing the | 23 | | fingerprint-based fingerprint
based criminal background | 24 | | investigations. All other fees paid under this
Section shall | 25 | | be deposited into the Road
Fund for the purpose of defraying | 26 | | the costs of the Secretary of State in
administering this |
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| 1 | | Section. Other than any applicant to operate a first division
| 2 | | vehicle, all All applicants must:
| 3 | | 1. be 21 years of age or older;
| 4 | | 2. possess a valid and properly classified driver's | 5 | | license
issued by the Secretary of State;
| 6 | | 3. possess a valid driver's license, which has not | 7 | | been
revoked, suspended, or canceled for 3 years | 8 | | immediately prior to
the date of application, or have not | 9 | | had his or her commercial motor vehicle
driving privileges
| 10 | | disqualified within the 3 years immediately prior to the | 11 | | date of application;
| 12 | | 4. successfully pass a school bus or second division | 13 | | written test, administered by the
Secretary of State, on | 14 | | school bus operation, school bus safety, and
special | 15 | | traffic laws relating to school buses and submit to a | 16 | | review
of the applicant's driving habits by the Secretary | 17 | | of State at the time the
written test is given;
| 18 | | 5. demonstrate ability to exercise reasonable care in | 19 | | the operation of
school buses in accordance with rules | 20 | | promulgated by the Secretary of State;
| 21 | | 6. demonstrate physical fitness to operate school | 22 | | buses by
submitting the results of a medical examination, | 23 | | including tests for drug
use for each applicant not | 24 | | subject to such testing pursuant to
federal law, conducted | 25 | | by a licensed physician, a licensed advanced practice | 26 | | registered nurse, or a licensed physician assistant
within |
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| 1 | | 90 days of the date
of application according to standards | 2 | | promulgated by the Secretary of State;
| 3 | | 7. affirm under penalties of perjury that he or she | 4 | | has not made a
false statement or knowingly concealed a | 5 | | material fact
in any application for permit;
| 6 | | 8. have completed an initial classroom course, | 7 | | including first aid
procedures, in school bus driver | 8 | | safety as promulgated by the Secretary of
State ; and , | 9 | | after satisfactory completion of said initial course , an | 10 | | annual
refresher course; such courses and the agency or | 11 | | organization conducting such
courses shall be approved by | 12 | | the Secretary of State; failure to
complete the annual | 13 | | refresher course , shall result in
cancellation of the | 14 | | permit until such course is completed;
| 15 | | 9. not have been under an order of court supervision | 16 | | for or convicted of 2 or more serious traffic offenses, as
| 17 | | defined by rule, within one year prior to the date of | 18 | | application that may
endanger the life or safety of any of | 19 | | the driver's passengers within the
duration of the permit | 20 | | period;
| 21 | | 10. not have been under an order of court supervision | 22 | | for or convicted of reckless driving, aggravated reckless | 23 | | driving, driving while under the influence of alcohol, | 24 | | other drug or drugs, intoxicating compound or compounds or | 25 | | any combination thereof, or reckless homicide resulting | 26 | | from the operation of a motor
vehicle within 3 years of the |
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| 1 | | date of application;
| 2 | | 11. not have been convicted of committing or | 3 | | attempting
to commit any
one or more of the following | 4 | | offenses: (i) those offenses defined in
Sections 8-1, | 5 | | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | 6 | | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, | 7 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | 8 | | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | 9 | | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | 10 | | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
| 11 | | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | 12 | | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | 13 | | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| 14 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, | 15 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | 16 | | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | 17 | | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
| 18 | | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | 19 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | 20 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
| 21 | | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | 22 | | of Section 24-3, and those offenses contained in Article | 23 | | 29D of the Criminal Code of 1961 or the Criminal Code of | 24 | | 2012; (ii) those offenses defined in the
Cannabis Control | 25 | | Act except those offenses defined in subsections (a) and
| 26 | | (b) of Section 4, and subsection (a) of Section 5 of the |
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| 1 | | Cannabis Control
Act; (iii) those offenses defined in the | 2 | | Illinois Controlled Substances
Act; (iv) those offenses | 3 | | defined in the Methamphetamine Control and Community | 4 | | Protection Act; (v) any offense committed or attempted in | 5 | | any other state or against
the laws of the United States, | 6 | | which if committed or attempted in this
State would be | 7 | | punishable as one or more of the foregoing offenses; (vi)
| 8 | | the offenses defined in Section 4.1 and 5.1 of the Wrongs | 9 | | to Children Act or Section 11-9.1A of the Criminal Code of | 10 | | 1961 or the Criminal Code of 2012; (vii) those offenses | 11 | | defined in Section 6-16 of the Liquor Control Act of
1934;
| 12 | | and (viii) those offenses defined in the Methamphetamine | 13 | | Precursor Control Act;
| 14 | | 12. not have been repeatedly involved as a driver in | 15 | | motor vehicle
collisions or been repeatedly convicted of | 16 | | offenses against
laws and ordinances regulating the | 17 | | movement of traffic, to a degree which
indicates lack of | 18 | | ability to exercise ordinary and reasonable care in the
| 19 | | safe operation of a motor vehicle or disrespect for the | 20 | | traffic laws and
the safety of other persons upon the | 21 | | highway;
| 22 | | 13. not have, through the unlawful operation of a | 23 | | motor
vehicle, caused a crash resulting in the death of | 24 | | any person;
| 25 | | 14. not have, within the last 5 years, been adjudged | 26 | | to be
afflicted with or suffering from any mental |
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| 1 | | disability or disease;
| 2 | | 15. consent, in writing, to the release of results of | 3 | | reasonable suspicion drug and alcohol testing under | 4 | | Section 6-106.1c of this Code by the employer of the | 5 | | applicant to the Secretary of State; and | 6 | | 16. not have been convicted of committing or | 7 | | attempting to commit within the last 20 years: (i) an | 8 | | offense defined in subsection (c) of Section 4, subsection | 9 | | (b) of Section 5, and subsection (a) of Section 8 of the | 10 | | Cannabis Control Act; or (ii) any offenses in any other | 11 | | state or against the laws of the United States that, if | 12 | | committed or attempted in this State, would be punishable | 13 | | as one or more of the foregoing offenses. | 14 | | (a-5) If an applicant's driver's license has been | 15 | | suspended within the 3 years immediately prior to the date of | 16 | | application for the sole reason of failure to pay child | 17 | | support, that suspension shall not bar the applicant from | 18 | | receiving a school bus driver permit. | 19 | | (a-7) The Secretary of State, in conjunction with the
| 20 | | Illinois State Board of Education, shall develop a
separate | 21 | | classroom course and refresher course for
operation of | 22 | | vehicles of the first division being operated
as school buses. | 23 | | The course shall have an examination component that applicants | 24 | | must pass. Regional superintendents of schools,
working with | 25 | | the Illinois State Board of Education, shall
offer the course. | 26 | | (a-8) All applicants to operate a first division
vehicle |
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| 1 | | must: | 2 | | (1) meet the requirements of paragraphs 1, 2, 3, 6, 7, | 3 | | and 9 through 16 of subsection (a); and | 4 | | (2) complete the course developed and offered under | 5 | | subsection (a-7),
or complete a training course | 6 | | administered by the service
provider in which the | 7 | | applicant will be employed by, or under
contract with, | 8 | | that covers safe driving practices with a
first division | 9 | | vehicle, special considerations for transporting
students | 10 | | with disabilities, emergency preparedness, and safe
| 11 | | pick-up and drop-off procedures. The vendor course shall | 12 | | have an examination component that applicants must pass. | 13 | | Such vendor course must be approved by the Secretary of | 14 | | State in conjunction with the Illinois State Board of | 15 | | Education. | 16 | | (a-9) An applicant to operate a first division vehicle is | 17 | | exempt from the requirement of paragraph 6 of subsection (a) | 18 | | if the applicant will be providing transportation services | 19 | | with a provider that utilizes a telematics system that sends, | 20 | | receives, and stores telemetry data, including, but not | 21 | | limited to, device use, speeding, hard turning, hard braking, | 22 | | hard acceleration, and collision detection. | 23 | | (b) A school bus driver permit shall be valid for a period | 24 | | specified by
the Secretary of State as set forth by rule. It | 25 | | shall be renewable upon compliance with subsection (a) of this
| 26 | | Section.
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| 1 | | (c) A school bus driver permit shall contain the holder's | 2 | | driver's
license number, legal name, residence address, zip | 3 | | code, and date
of birth, a brief description of the holder , and | 4 | | a space for signature. The
Secretary of State may require a | 5 | | suitable photograph of the holder.
| 6 | | (d) The employer shall be responsible for conducting a | 7 | | pre-employment
interview with prospective school bus driver | 8 | | candidates, distributing school
bus driver applications and | 9 | | medical forms to be completed by the applicant, and
submitting | 10 | | the applicant's fingerprint cards to the Illinois State Police
| 11 | | that are required for the criminal background investigations. | 12 | | The employer
shall certify in writing to the Secretary of | 13 | | State that all pre-employment
conditions have been | 14 | | successfully completed including the successful completion
of | 15 | | an Illinois specific criminal background investigation through | 16 | | the Illinois
State Police and the submission of necessary
| 17 | | fingerprints to the Federal Bureau of Investigation for | 18 | | criminal
history information available through the Federal | 19 | | Bureau of
Investigation system. The applicant shall present | 20 | | the
certification to the Secretary of State at the time of | 21 | | submitting
the school bus driver permit application.
| 22 | | (e) Permits shall initially be provisional upon receiving
| 23 | | certification from the employer that all pre-employment | 24 | | conditions
have been successfully completed, and upon | 25 | | successful completion of
all training and examination | 26 | | requirements for the classification of
the vehicle to be |
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| 1 | | operated, the Secretary of State shall
provisionally issue a | 2 | | School Bus Driver Permit. The permit shall
remain in a | 3 | | provisional status pending the completion of the
Federal | 4 | | Bureau of Investigation's criminal background investigation | 5 | | based
upon fingerprinting specimens submitted to the Federal | 6 | | Bureau of
Investigation by the Illinois State Police. The | 7 | | Federal Bureau of
Investigation shall report the findings | 8 | | directly to the Secretary
of State. The Secretary of State | 9 | | shall remove the bus driver
permit from provisional status | 10 | | upon the applicant's successful
completion of the Federal | 11 | | Bureau of Investigation's criminal
background investigation.
| 12 | | (f) A school bus driver permit holder shall notify the
| 13 | | employer and the Secretary of State if he or she is issued an | 14 | | order of court supervision for or convicted in
another state | 15 | | of an offense that would make him or her ineligible
for a | 16 | | permit under subsection (a) of this Section. The
written | 17 | | notification shall be made within 5 days of the entry of
the | 18 | | order of court supervision or conviction. Failure of the | 19 | | permit holder to provide the
notification is punishable as a | 20 | | petty
offense for a first violation and a Class B misdemeanor | 21 | | for a
second or subsequent violation.
| 22 | | (g) Cancellation; suspension; notice and procedure.
| 23 | | (1) The Secretary of State shall cancel a school bus
| 24 | | driver permit of an applicant whose criminal background | 25 | | investigation
discloses that he or she is not in | 26 | | compliance with the provisions of subsection
(a) of this |
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| 1 | | Section.
| 2 | | (2) The Secretary of State shall cancel a school
bus | 3 | | driver permit when he or she receives notice that the | 4 | | permit holder fails
to comply with any provision of this | 5 | | Section or any rule promulgated for the
administration of | 6 | | this Section.
| 7 | | (3) The Secretary of State shall cancel a school bus
| 8 | | driver permit if the permit holder's restricted commercial | 9 | | or
commercial driving privileges are withdrawn or | 10 | | otherwise
invalidated.
| 11 | | (4) The Secretary of State may not issue a school bus
| 12 | | driver permit for a period of 3 years to an applicant who | 13 | | fails to
obtain a negative result on a drug test as | 14 | | required in item 6 of
subsection (a) of this Section or | 15 | | under federal law.
| 16 | | (5) The Secretary of State shall forthwith suspend
a | 17 | | school bus driver permit for a period of 3 years upon | 18 | | receiving
notice that the holder has failed to obtain a | 19 | | negative result on a
drug test as required in item 6 of | 20 | | subsection (a) of this Section
or under federal law.
| 21 | | (6) The Secretary of State shall suspend a school bus | 22 | | driver permit for a period of 3 years upon receiving | 23 | | notice from the employer that the holder failed to perform | 24 | | the inspection procedure set forth in subsection (a) or | 25 | | (b) of Section 12-816 of this Code. | 26 | | (7) The Secretary of State shall suspend a school bus |
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| 1 | | driver permit for a period of 3 years upon receiving | 2 | | notice from the employer that the holder refused to submit | 3 | | to an alcohol or drug test as required by Section 6-106.1c | 4 | | or has submitted to a test required by that Section which | 5 | | disclosed an alcohol concentration of more than 0.00 or | 6 | | disclosed a positive result on a National Institute on | 7 | | Drug Abuse five-drug panel, utilizing federal standards | 8 | | set forth in 49 CFR 40.87. | 9 | | The Secretary of State shall notify the State | 10 | | Superintendent
of Education and the permit holder's | 11 | | prospective or current
employer that the applicant has (1) has | 12 | | failed a criminal
background investigation or (2) is no
longer | 13 | | eligible for a school bus driver permit; and of the related
| 14 | | cancellation of the applicant's provisional school bus driver | 15 | | permit. The
cancellation shall remain in effect pending the | 16 | | outcome of a
hearing pursuant to Section 2-118 of this Code. | 17 | | The scope of the
hearing shall be limited to the issuance | 18 | | criteria contained in
subsection (a) of this Section. A | 19 | | petition requesting a
hearing shall be submitted to the | 20 | | Secretary of State and shall
contain the reason the individual | 21 | | feels he or she is entitled to a
school bus driver permit. The | 22 | | permit holder's
employer shall notify in writing to the | 23 | | Secretary of State
that the employer has certified the removal | 24 | | of the offending school
bus driver from service prior to the | 25 | | start of that school bus
driver's next work shift workshift . | 26 | | An employing school board that fails to
remove the offending |
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| 1 | | school bus driver from service is
subject to the penalties | 2 | | defined in Section 3-14.23 of the School Code. A
school bus
| 3 | | contractor who violates a provision of this Section is
subject | 4 | | to the penalties defined in Section 6-106.11.
| 5 | | All valid school bus driver permits issued under this | 6 | | Section
prior to January 1, 1995, shall remain effective until | 7 | | their
expiration date unless otherwise invalidated.
| 8 | | (h) When a school bus driver permit holder who is a service | 9 | | member is called to active duty, the employer of the permit | 10 | | holder shall notify the Secretary of State, within 30 days of | 11 | | notification from the permit holder, that the permit holder | 12 | | has been called to active duty. Upon notification pursuant to | 13 | | this subsection, (i) the Secretary of State shall characterize | 14 | | the permit as inactive until a permit holder renews the permit | 15 | | as provided in subsection (i) of this Section, and (ii) if a | 16 | | permit holder fails to comply with the requirements of this | 17 | | Section while called to active duty, the Secretary of State | 18 | | shall not characterize the permit as invalid. | 19 | | (i) A school bus driver permit holder who is a service | 20 | | member returning from active duty must, within 90 days, renew | 21 | | a permit characterized as inactive pursuant to subsection (h) | 22 | | of this Section by complying with the renewal requirements of | 23 | | subsection (b) of this Section. | 24 | | (j) For purposes of subsections (h) and (i) of this | 25 | | Section: | 26 | | "Active duty" means active duty pursuant to an executive |
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| 1 | | order of the President of the United States, an act of the | 2 | | Congress of the United States, or an order of the Governor. | 3 | | "Service member" means a member of the Armed Services or | 4 | | reserve forces of the United States or a member of the Illinois | 5 | | National Guard. | 6 | | (k) A private carrier employer of a school bus driver | 7 | | permit holder, having satisfied the employer requirements of | 8 | | this Section, shall be held to a standard of ordinary care for | 9 | | intentional acts committed in the course of employment by the | 10 | | bus driver permit holder. This subsection (k) shall in no way | 11 | | limit the liability of the private carrier employer for | 12 | | violation of any provision of this Section or for the | 13 | | negligent hiring or retention of a school bus driver permit | 14 | | holder. | 15 | | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | 16 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. | 17 | | 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; revised | 18 | | 12-14-22.)
| 19 | | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
| 20 | | (Text of Section before amendment by P.A. 102-982 )
| 21 | | Sec. 13-109. Safety test prior to application for
license - | 22 | | Subsequent tests - Repairs - Retest. | 23 | | (a) Except as otherwise provided in Chapter 13, each | 24 | | second division
vehicle, first division vehicle including a | 25 | | taxi which is used for a purpose that requires a school bus |
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| 1 | | driver permit, and medical transport vehicle, except those | 2 | | vehicles other than
school buses or medical transport vehicles | 3 | | owned or operated by a municipal
corporation or political | 4 | | subdivision having a population of 1,000,000 or
more | 5 | | inhabitants which are subjected to safety tests imposed by | 6 | | local
ordinance or resolution, operated in whole or in part | 7 | | over the highways
of this State, motor vehicle used for driver | 8 | | education training, and each vehicle designed to carry 15 or | 9 | | fewer passengers
operated by a contract carrier transporting | 10 | | employees in the course of
their employment
on a highway of | 11 | | this State, shall be subjected to the safety
test provided for | 12 | | in Chapter
13 of this Code. Tests shall be conducted at an | 13 | | official testing station
within 6 months prior to the | 14 | | application for registration as provided
for in this Code. | 15 | | Subsequently each vehicle shall be subject to tests (i) at
| 16 | | least every 6 months, (ii) in the case of school buses and | 17 | | first division vehicles including taxis which are used for a | 18 | | purpose that requires a school bus driver permit, at least | 19 | | every 6
months or 10,000 miles, whichever occurs first, (iii) | 20 | | in the case of driver education vehicles used by public high | 21 | | schools, at least every 12 months for vehicles over 5 model | 22 | | years of age or having an odometer reading of over 75,000 | 23 | | miles, whichever occurs first, or (iv) in the case of truck | 24 | | tractors, semitrailers, and property-carrying vehicles | 25 | | registered for a gross weight of more than 10,000 pounds but | 26 | | less than 26,001 pounds, at least every 12 months, and |
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| 1 | | according to
schedules established by rules and regulations | 2 | | promulgated by the
Department. Any component subject to | 3 | | regular inspection which is
damaged in a reportable accident | 4 | | must be reinspected before the bus or first division vehicle | 5 | | including a taxi which is used for a purpose that requires a | 6 | | school bus driver permit is
returned to service.
| 7 | | (b) The Department shall also conduct periodic | 8 | | nonscheduled inspections
of school buses, of buses registered | 9 | | as charitable vehicles and of
religious organization buses. If | 10 | | such inspection reveals that a vehicle is
not in substantial | 11 | | compliance with the rules promulgated by the Department,
the | 12 | | Department shall remove the Certificate of Safety from the | 13 | | vehicle, and
shall place the vehicle out-of-service. A bright | 14 | | orange, triangular decal
shall be placed on an out-of-service | 15 | | vehicle where the Certificate of
Safety has been removed. The | 16 | | vehicle must pass a safety test at an
official testing station | 17 | | before it is again placed in service.
| 18 | | (c) If the violation is not substantial a bright yellow, | 19 | | triangular
sticker shall be placed next to the Certificate of | 20 | | Safety at the time the
nonscheduled inspection is made. The | 21 | | Department shall reinspect the
vehicle after 3 working days to | 22 | | determine that the violation has been
corrected and remove the | 23 | | yellow, triangular decal. If the violation is not
corrected | 24 | | within 3 working days, the Department shall place the vehicle
| 25 | | out-of-service in accordance with procedures in subsection | 26 | | (b).
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| 1 | | (d) If a violation is not substantial and does not | 2 | | directly affect the
safe operation of the vehicle, the | 3 | | Department shall issue a warning notice
requiring correction | 4 | | of the violation. Such correction shall be
accomplished as | 5 | | soon as practicable and a report of the correction shall be
| 6 | | made to the Department within 30 days in a manner established | 7 | | by the
Department. If the Department has not been advised that | 8 | | the corrections
have been made, and the violations still | 9 | | exist, the Department shall place
the vehicle out-of-service | 10 | | in accordance with procedures in subsection
(b).
| 11 | | (e) The Department is authorized to promulgate regulations | 12 | | to implement its
program of nonscheduled inspections. Causing | 13 | | or allowing the operation of
an out-of-service vehicle with | 14 | | passengers or unauthorized removal of an
out-of-service | 15 | | sticker is a Class 3 felony. Causing or allowing the
operation | 16 | | of a vehicle with a 3-day sticker for longer than 3 days with | 17 | | the
sticker attached or the unauthorized removal of a 3-day | 18 | | sticker is a Class C
misdemeanor.
| 19 | | (f) If a second division vehicle, first division vehicle | 20 | | including a taxi which is used for a purpose that requires a | 21 | | school bus driver permit, medical transport vehicle, or
| 22 | | vehicle operated by a contract carrier as provided in | 23 | | subsection (a) of this
Section is in safe
mechanical | 24 | | condition, as determined pursuant to Chapter 13, the operator | 25 | | of
the official testing station must at once issue to the | 26 | | second division
vehicle, first division vehicle including a |
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| 1 | | taxi which is used for a purpose that requires a school bus | 2 | | driver permit, or medical transport vehicle a certificate of | 3 | | safety, in the form
and manner prescribed by the Department, | 4 | | which shall be affixed to the
vehicle by the certified safety | 5 | | tester who performed the safety tests. The
owner of the second | 6 | | division vehicle, first division vehicle including a taxi | 7 | | which is used for a purpose that requires a school bus driver | 8 | | permit, or medical transport vehicle or the
contract carrier | 9 | | shall at
all times display the Certificate of Safety on the | 10 | | second division vehicle, first division vehicle including a | 11 | | taxi which is used for a purpose that requires a school bus | 12 | | driver permit, medical transport vehicle, or vehicle operated | 13 | | by a contract carrier
in the manner prescribed by the | 14 | | Department.
| 15 | | (g) If a test shows that a second division vehicle, first | 16 | | division vehicle including a taxi which is used for a purpose | 17 | | that requires a school bus driver permit, medical
transport
| 18 | | vehicle, or vehicle operated by a contract carrier is not in | 19 | | safe
mechanical condition as provided in this Section, it
| 20 | | shall not be operated on the highways until it has been | 21 | | repaired and
submitted to a retest at an official testing | 22 | | station. If the owner or
contract carrier submits
the vehicle | 23 | | to a retest at
a
different official testing station from that | 24 | | where it failed to pass the
first test, he or she shall present | 25 | | to the operator of the second station the
report of the | 26 | | original test, and shall notify the Department in writing,
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| 1 | | giving the name and address of the original testing station | 2 | | and the defects
which prevented the issuance of a Certificate | 3 | | of Safety, and the name and
address of the second official | 4 | | testing station making the retest.
| 5 | | (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19 .)
| 6 | | (Text of Section after amendment by P.A. 102-982 ) | 7 | | Sec. 13-109. Safety test prior to application for license; | 8 | | subsequent tests; repairs; retest
license - Subsequent tests - | 9 | | Repairs - Retest . | 10 | | (a) Except as otherwise provided in Chapter 13, each | 11 | | second division
vehicle, first division vehicle including a | 12 | | taxi which is used for a purpose that requires a school bus | 13 | | driver permit, and medical transport vehicle, except those | 14 | | vehicles other than
school buses or medical transport vehicles | 15 | | owned or operated by a municipal
corporation or political | 16 | | subdivision having a population of 1,000,000 or
more | 17 | | inhabitants which are subjected to safety tests imposed by | 18 | | local
ordinance or resolution, operated in whole or in part | 19 | | over the highways
of this State, motor vehicle used for driver | 20 | | education training, and each vehicle designed to carry 15 or | 21 | | fewer passengers
operated by a contract carrier transporting | 22 | | employees in the course of
their employment
on a highway of | 23 | | this State, shall be subjected to the safety
test provided for | 24 | | in Chapter
13 of this Code. Tests shall be conducted at an | 25 | | official testing station
within 6 months prior to the |
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| 1 | | application for registration as provided
for in this Code. | 2 | | Subsequently each vehicle shall be subject to tests (i) at
| 3 | | least every 6 months, (i.5) in the case of first division | 4 | | vehicles, including taxis that are used for a purpose that | 5 | | requires a school bus driver's permit, at least every 12 | 6 | | months, or 10,000 miles, whichever occurs first, (ii) in the | 7 | | case of school buses and first division vehicles including | 8 | | taxis which are used for a purpose that requires a school bus | 9 | | driver permit , at least every 6
months or 10,000 miles, | 10 | | whichever occurs first, (iii) in the case of driver education | 11 | | vehicles used by public high schools, at least every 12 months | 12 | | for vehicles over 5 model years of age or having an odometer | 13 | | reading of over 75,000 miles, whichever occurs first, or (iv) | 14 | | in the case of truck tractors, semitrailers, and | 15 | | property-carrying vehicles registered for a gross weight of | 16 | | more than 10,000 pounds but less than 26,001 pounds, at least | 17 | | every 12 months, and according to
schedules established by | 18 | | rules and regulations promulgated by the
Department. Any | 19 | | component subject to regular inspection which is
damaged in a | 20 | | reportable crash must be reinspected before the bus or first | 21 | | division vehicle including a taxi which is used for a purpose | 22 | | that requires a school bus driver permit is
returned to | 23 | | service.
| 24 | | (b) The Department shall also conduct periodic | 25 | | nonscheduled inspections
of school buses, of buses registered | 26 | | as charitable vehicles and of
religious organization buses. If |
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| 1 | | such inspection reveals that a vehicle is
not in substantial | 2 | | compliance with the rules promulgated by the Department,
the | 3 | | Department shall remove the Certificate of Safety from the | 4 | | vehicle, and
shall place the vehicle out-of-service. A bright | 5 | | orange, triangular decal
shall be placed on an out-of-service | 6 | | vehicle where the Certificate of
Safety has been removed. The | 7 | | vehicle must pass a safety test at an
official testing station | 8 | | before it is again placed in service.
| 9 | | (c) If the violation is not substantial a bright yellow, | 10 | | triangular
sticker shall be placed next to the Certificate of | 11 | | Safety at the time the
nonscheduled inspection is made. The | 12 | | Department shall reinspect the
vehicle after 3 working days to | 13 | | determine that the violation has been
corrected and remove the | 14 | | yellow, triangular decal. If the violation is not
corrected | 15 | | within 3 working days, the Department shall place the vehicle
| 16 | | out-of-service in accordance with procedures in subsection | 17 | | (b).
| 18 | | (d) If a violation is not substantial and does not | 19 | | directly affect the
safe operation of the vehicle, the | 20 | | Department shall issue a warning notice
requiring correction | 21 | | of the violation. Such correction shall be
accomplished as | 22 | | soon as practicable and a report of the correction shall be
| 23 | | made to the Department within 30 days in a manner established | 24 | | by the
Department. If the Department has not been advised that | 25 | | the corrections
have been made, and the violations still | 26 | | exist, the Department shall place
the vehicle out-of-service |
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| 1 | | in accordance with procedures in subsection
(b).
| 2 | | (e) The Department is authorized to promulgate regulations | 3 | | to implement its
program of nonscheduled inspections. Causing | 4 | | or allowing the operation of
an out-of-service vehicle with | 5 | | passengers or unauthorized removal of an
out-of-service | 6 | | sticker is a Class 3 felony. Causing or allowing the
operation | 7 | | of a vehicle with a 3-day sticker for longer than 3 days with | 8 | | the
sticker attached or the unauthorized removal of a 3-day | 9 | | sticker is a Class C
misdemeanor.
| 10 | | (f) If a second division vehicle, first division vehicle | 11 | | including a taxi which is used for a purpose that requires a | 12 | | school bus driver permit, medical transport vehicle, or
| 13 | | vehicle operated by a contract carrier as provided in | 14 | | subsection (a) of this
Section is in safe
mechanical | 15 | | condition, as determined pursuant to Chapter 13, the operator | 16 | | of
the official testing station must at once issue to the | 17 | | second division
vehicle, first division vehicle including a | 18 | | taxi which is used for a purpose that requires a school bus | 19 | | driver permit, or medical transport vehicle a certificate of | 20 | | safety, in the form
and manner prescribed by the Department, | 21 | | which shall be affixed to the
vehicle by the certified safety | 22 | | tester who performed the safety tests. The
owner of the second | 23 | | division vehicle, first division vehicle including a taxi | 24 | | which is used for a purpose that requires a school bus driver | 25 | | permit, or medical transport vehicle or the
contract carrier | 26 | | shall at
all times display the Certificate of Safety on the |
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| 1 | | second division vehicle, first division vehicle including a | 2 | | taxi which is used for a purpose that requires a school bus | 3 | | driver permit, medical transport vehicle, or vehicle operated | 4 | | by a contract carrier
in the manner prescribed by the | 5 | | Department.
| 6 | | (g) If a test shows that a second division vehicle, first | 7 | | division vehicle including a taxi which is used for a purpose | 8 | | that requires a school bus driver permit, medical
transport
| 9 | | vehicle, or vehicle operated by a contract carrier is not in | 10 | | safe
mechanical condition as provided in this Section, it
| 11 | | shall not be operated on the highways until it has been | 12 | | repaired and
submitted to a retest at an official testing | 13 | | station. If the owner or
contract carrier submits
the vehicle | 14 | | to a retest at
a
different official testing station from that | 15 | | where it failed to pass the
first test, he or she shall present | 16 | | to the operator of the second station the
report of the | 17 | | original test, and shall notify the Department in writing,
| 18 | | giving the name and address of the original testing station | 19 | | and the defects
which prevented the issuance of a Certificate | 20 | | of Safety, and the name and
address of the second official | 21 | | testing station making the retest.
| 22 | | (Source: P.A. 102-982, eff. 7-1-23.)
| 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text | 25 | | that is not yet or no longer in effect (for example, a Section |
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| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act.
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2023.".
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