Full Text of HB5323 097th General Assembly
HB5323 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5323 Introduced 2/8/2012, by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.25g | from Ch. 122, par. 2-3.25g | 105 ILCS 5/27-24.4 | from Ch. 122, par. 27-24.4 | 105 ILCS 5/27-24.9 new | | 105 ILCS 5/27-24.10 new | | 625 ILCS 5/6-419 | from Ch. 95 1/2, par. 6-419 | 625 ILCS 5/13-101 | from Ch. 95 1/2, par. 13-101 | 625 ILCS 5/13-109 | from Ch. 95 1/2, par. 13-109 |
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Amends the School Code and the Illinois Vehicle Code. Makes changes concerning notification of the public hearing on a waiver or modification of a mandate within the School Code or administrative rules and waivers and modifications for contracting with a commercial driver training school. Makes changes concerning driver education course reimbursement, the adoption of standards for driver education and driver education course content, a report on the per capita driver education cost for school districts, and the safety testing of motor vehicles used for driver education training. Effective January 1, 2013.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 2-3.25g and 27-24.4 and by adding Sections 27-24.9 and 27-24.10 | 6 | | as follows: | 7 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 8 | | Sec. 2-3.25g. Waiver or modification of mandates within the | 9 | | School
Code and administrative rules and regulations. | 10 | | (a) In this Section: | 11 | | "Board" means a school board or the governing board or | 12 | | administrative district, as the case may be, for a joint | 13 | | agreement. | 14 | | "Eligible applicant" means a school district, joint | 15 | | agreement made up of school districts, or regional | 16 | | superintendent of schools on behalf of schools and programs | 17 | | operated by the regional office of education.
| 18 | | "Implementation date" has the meaning set forth in | 19 | | Section 24A-2.5 of this Code. | 20 | | "State Board" means the State Board of Education.
| 21 | | (b) Notwithstanding any other
provisions of this School | 22 | | Code or any other law of this State to the
contrary, eligible | 23 | | applicants may petition the State Board of Education for the
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| 1 | | waiver or modification of the mandates of this School Code or | 2 | | of the
administrative rules and regulations promulgated by the | 3 | | State Board of
Education. Waivers or modifications of | 4 | | administrative rules and regulations
and modifications of | 5 | | mandates of this School Code may be requested when an eligible | 6 | | applicant demonstrates that it can address the intent of the | 7 | | rule or
mandate in a more effective, efficient, or economical | 8 | | manner or when necessary
to stimulate innovation or improve | 9 | | student performance. Waivers of
mandates of
the School Code may | 10 | | be requested when the waivers are necessary to stimulate
| 11 | | innovation or improve student performance. Waivers may not be | 12 | | requested
from laws, rules, and regulations pertaining to | 13 | | special education, teacher
certification, teacher tenure and | 14 | | seniority, or Section 5-2.1 of this Code or from compliance | 15 | | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | 16 | | On and after the applicable implementation date, eligible | 17 | | applicants may not seek a waiver or seek a modification of a | 18 | | mandate regarding the requirements for (i) student performance | 19 | | data to be a significant factor in teacher or principal | 20 | | evaluations or (ii) for teachers and principals to be rated | 21 | | using the 4 categories of "excellent", "proficient", "needs | 22 | | improvement", or "unsatisfactory". On the applicable | 23 | | implementation date, any previously authorized waiver or | 24 | | modification from such requirements shall terminate. | 25 | | (c) Eligible applicants, as a matter of inherent managerial | 26 | | policy, and any
Independent Authority established under |
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| 1 | | Section 2-3.25f may submit an
application for a waiver or | 2 | | modification authorized under this Section. Each
application | 3 | | must include a written request by the eligible applicant or
| 4 | | Independent Authority and must demonstrate that the intent of | 5 | | the mandate can
be addressed in a more effective, efficient, or | 6 | | economical manner
or be based
upon a specific plan for improved | 7 | | student performance and school improvement.
Any eligible | 8 | | applicant requesting a waiver or modification for the reason | 9 | | that intent
of the mandate can be addressed in a more | 10 | | economical manner shall include in
the application a fiscal | 11 | | analysis showing current expenditures on the mandate
and | 12 | | projected savings resulting from the waiver
or modification. | 13 | | Applications
and plans developed by eligible applicants must be | 14 | | approved by the board or regional superintendent of schools | 15 | | applying on behalf of schools or programs operated by the | 16 | | regional office of education following a public hearing on the | 17 | | application and plan and the
opportunity for the board or | 18 | | regional superintendent to hear testimony from staff
directly | 19 | | involved in
its implementation, parents, and students. The time | 20 | | period for such testimony shall be separate from the time | 21 | | period established by the eligible applicant for public comment | 22 | | on other matters. If the applicant is a school district or | 23 | | joint agreement requesting a waiver or modification of Section | 24 | | 27-6 of this Code, the public hearing shall be held on a day | 25 | | other than the day on which a regular meeting of the board is | 26 | | held. |
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| 1 | | (c-5) If the applicant is a school district, then the | 2 | | district shall post information that sets forth the time, date, | 3 | | place, and general subject matter of the public hearing on its | 4 | | Internet website at least 14 days prior to the hearing. If the | 5 | | district is requesting to increase the fee charged for driver | 6 | | education authorized pursuant to Section 27-24.2 of this Code, | 7 | | the website information shall include the proposed amount of | 8 | | the fee the district will request. All school districts must | 9 | | publish a notice of the public hearing at least 7 days prior to | 10 | | the hearing in a newspaper of general circulation within the | 11 | | school district that sets forth the time, date, place, and | 12 | | general subject matter of the hearing. Districts requesting to | 13 | | increase the fee charged for driver education shall include in | 14 | | the published notice the proposed amount of the fee the | 15 | | district will request. If the applicant is a joint agreement or | 16 | | regional superintendent, then the joint agreement or regional | 17 | | superintendent shall post information that sets forth the time, | 18 | | date, place, and general subject matter of the public hearing | 19 | | on its Internet website at least 14 days prior to the hearing. | 20 | | If the joint agreement or regional superintendent is requesting | 21 | | to increase the fee charged for driver education authorized | 22 | | pursuant to Section 27-24.2 of this Code, the website | 23 | | information shall include the proposed amount of the fee the | 24 | | applicant will request. All joint agreements and regional | 25 | | superintendents must publish a notice of the public hearing at | 26 | | least 7 days prior to the hearing in a newspaper of general |
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| 1 | | circulation in each school district that is a member of the | 2 | | joint agreement or that is served by the educational service | 3 | | region that sets forth the time, date, place, and general | 4 | | subject matter of the hearing, provided that a notice appearing | 5 | | in a newspaper generally circulated in more than one school | 6 | | district shall be deemed to fulfill this requirement with | 7 | | respect to all of the affected districts. Joint agreements or | 8 | | regional superintendents requesting to increase the fee | 9 | | charged for driver education shall include in the published | 10 | | notice the proposed amount of the fee the applicant will | 11 | | request. If the applicant is a school district, the
public | 12 | | hearing must be preceded
by at least one published notice | 13 | | occurring at least 7 days prior to the hearing
in a newspaper | 14 | | of general circulation within the school district that sets
| 15 | | forth the time, date, place, and general subject matter of the | 16 | | hearing. If the applicant is a joint agreement or regional | 17 | | superintendent, the public hearing must be preceded by at least | 18 | | one published notice (setting forth the time, date, place, and | 19 | | general subject matter of the hearing) occurring at least 7 | 20 | | days prior to the hearing in a newspaper of general circulation | 21 | | in each school district that is a member of the joint agreement | 22 | | or that is served by the educational service region, provided | 23 | | that a notice appearing in a newspaper generally circulated in | 24 | | more than one school district shall be deemed to fulfill this | 25 | | requirement with respect to all of the affected districts. The
| 26 | | eligible applicant must notify in writing the affected |
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| 1 | | exclusive collective
bargaining agent and those State | 2 | | legislators representing the eligible applicant's territory of
| 3 | | its
intent to seek approval of a
waiver or
modification and of | 4 | | the hearing to be held to take testimony from staff.
The | 5 | | affected exclusive collective bargaining agents shall be | 6 | | notified of such
public hearing at least 7 days prior to the | 7 | | date of the hearing and shall be
allowed to attend
such public | 8 | | hearing. The eligible applicant shall attest to compliance with | 9 | | all of
the notification and procedural requirements set forth | 10 | | in this Section. | 11 | | (d) A request for a waiver or modification of | 12 | | administrative rules and
regulations or for a modification of | 13 | | mandates contained in this School Code
shall be submitted to | 14 | | the State Board of Education within 15 days after
approval by | 15 | | the board or regional superintendent of schools. The | 16 | | application as submitted to the
State Board of Education shall | 17 | | include a description of the public hearing. Except with | 18 | | respect to contracting for adaptive driver education, an | 19 | | eligible applicant wishing to request a modification or waiver | 20 | | of administrative rules of the State Board of Education | 21 | | regarding contracting with a commercial driver training school | 22 | | to provide the course of study authorized under Section 27-24.2 | 23 | | of this Code must provide evidence with its application that | 24 | | the commercial driver training school with which it will | 25 | | contract holds a license issued by the Secretary of State under | 26 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that |
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| 1 | | each instructor employed by the commercial driver training | 2 | | school to provide instruction to students served by the school | 3 | | district holds a valid teaching certificate or teaching | 4 | | license, as applicable, issued under the requirements of this | 5 | | Code and rules of the State Board of Education. Such evidence | 6 | | must include, but need not be limited to, a list of each | 7 | | instructor assigned to teach students served by the school | 8 | | district, which list shall include the instructor's name, | 9 | | personal identification number as required by the State Board | 10 | | of Education, birth date, and driver's license number. If the | 11 | | modification or waiver is granted, then the eligible applicant | 12 | | shall notify the State Board of Education of any changes in the | 13 | | personnel providing instruction within 15 calendar days after | 14 | | an instructor leaves the program or a new instructor is hired. | 15 | | Such notification shall include the instructor's name, | 16 | | personal identification number as required by the State Board | 17 | | of Education, birth date, and driver's license number. If a | 18 | | school district maintains an Internet website, then the | 19 | | district shall post a copy of the final contract between the | 20 | | district and the commercial driver training school on the | 21 | | district's Internet website. If no Internet website exists, | 22 | | then the district shall make available the contract upon | 23 | | request. A record of all materials in relation to the | 24 | | application for contracting must be maintained by the school | 25 | | district and made available to parents and guardians upon | 26 | | request. The instructor's date of birth and driver's license |
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| 1 | | number and any other personally identifying information as | 2 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 3 | | must be redacted from any public materials.
Following receipt | 4 | | of the waiver or modification request, the
State Board shall | 5 | | have 45 days to review the application and request. If the
| 6 | | State Board fails to disapprove the application within that 45 | 7 | | day period, the
waiver or modification shall be deemed granted. | 8 | | The State Board
may disapprove
any request if it is not based | 9 | | upon sound educational practices, endangers the
health or | 10 | | safety of students or staff, compromises equal opportunities | 11 | | for
learning, or fails to demonstrate that the intent of the | 12 | | rule or mandate can be
addressed in a more effective, | 13 | | efficient, or economical manner or have improved
student | 14 | | performance as a primary goal. Any request disapproved by the | 15 | | State
Board may be appealed to the General Assembly by the | 16 | | eligible applicant
as outlined in this Section. | 17 | | A request for a waiver from mandates contained in this | 18 | | School Code shall be
submitted to the State Board within 15 | 19 | | days after approval by the board or regional superintendent of | 20 | | schools.
The application as submitted to the State Board of | 21 | | Education
shall include a description of the public hearing. | 22 | | The description shall
include, but need not be limited to, the | 23 | | means of notice, the number of people
in attendance, the number | 24 | | of people who spoke as proponents or opponents of the
waiver, a | 25 | | brief description of their comments, and whether there were any
| 26 | | written statements submitted.
The State Board shall review the |
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| 1 | | applications and requests for
completeness and shall compile | 2 | | the requests in reports to be filed with the
General Assembly.
| 3 | | The State Board shall file
reports outlining the waivers
| 4 | | requested by eligible applicants
and appeals by eligible | 5 | | applicants of requests
disapproved by the State Board with the | 6 | | Senate and the House of
Representatives before each March 1 and
| 7 | | October
1. The General Assembly may disapprove the report of | 8 | | the State Board in whole
or in part within 60 calendar days | 9 | | after each house of the General Assembly
next
convenes after | 10 | | the report is filed by adoption of a resolution by a record | 11 | | vote
of the majority of members elected in each house. If the | 12 | | General Assembly
fails to disapprove any waiver request or | 13 | | appealed request within such 60
day period, the waiver or | 14 | | modification shall be deemed granted. Any resolution
adopted by | 15 | | the General Assembly disapproving a report of the State Board | 16 | | in
whole or in part shall be binding on the State Board. | 17 | | (e) An approved waiver or modification (except a waiver | 18 | | from or modification to a physical education mandate) may | 19 | | remain in effect for a period not to
exceed 5 school years and | 20 | | may be renewed upon application by the
eligible applicant. | 21 | | However, such waiver or modification may be changed within that
| 22 | | 5-year period by a board or regional superintendent of schools | 23 | | applying on behalf of schools or programs operated by the | 24 | | regional office of education following the procedure as set
| 25 | | forth in this Section for the initial waiver or modification | 26 | | request. If
neither the State Board of Education nor the |
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| 1 | | General Assembly disapproves, the
change is deemed granted. | 2 | | An approved waiver from or modification to a physical | 3 | | education mandate may remain in effect for a period not to | 4 | | exceed 2 school years and may be renewed no more than 2 times | 5 | | upon application by the eligible applicant. An approved waiver | 6 | | from or modification to a physical education mandate may be | 7 | | changed within the 2-year period by the board or regional | 8 | | superintendent of schools, whichever is applicable, following | 9 | | the procedure set forth in this Section for the initial waiver | 10 | | or modification request. If neither the State Board of | 11 | | Education nor the General Assembly disapproves, the change is | 12 | | deemed granted.
| 13 | | (f) (Blank). | 14 | | (Source: P.A. 95-223, eff. 1-1-08; 96-861, eff. 1-15-10; | 15 | | 96-1423, eff. 8-3-10.)
| 16 | | (105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4)
| 17 | | Sec. 27-24.4. Reimbursement amount. | 18 | | (a) Each school district shall be entitled
to reimbursement | 19 | | for each student who finishes either the classroom instruction
| 20 | | part or the practice driving part of a
driver education course | 21 | | that meets the minimum requirements of this Act.
Reimbursement | 22 | | under this Act is payable from
the Drivers Education Fund in | 23 | | the State treasury.
| 24 | | Each year all funds appropriated from the Drivers
Education | 25 | | Fund to the
State Board of Education, with the exception of |
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| 1 | | those funds necessary for
administrative purposes of the State | 2 | | Board of Education, shall be distributed
in the manner provided | 3 | | in this paragraph to school districts by the State Board of | 4 | | Education for reimbursement of
claims from the previous school | 5 | | year. As soon as may be after each quarter of the year, if | 6 | | moneys are available in the Drivers
Education Fund in the State | 7 | | treasury for payments under this Section, the State Comptroller | 8 | | shall draw his or her warrants upon the State Treasurer as | 9 | | directed by the State Board of Education. The warrant for each | 10 | | quarter shall be in an amount equal to one-fourth of the total | 11 | | amount to be distributed to school districts for the year. | 12 | | Payments shall be made to school districts as soon as may be | 13 | | after receipt of the warrants.
| 14 | | The base reimbursement amount shall be calculated by the | 15 | | State Board by
dividing the total amount appropriated for | 16 | | distribution by the total of:
(a) the number of students who | 17 | | have completed the classroom instruction
part for whom valid | 18 | | claims have been made times 0.2; plus (b) the number
of | 19 | | students who have
completed the practice driving instruction | 20 | | part for whom valid claims have
been made times 0.8.
| 21 | | The amount of reimbursement to be distributed on each claim | 22 | | shall be 0.2
times the base reimbursement amount for each | 23 | | validly claimed student who
has completed the classroom | 24 | | instruction part, plus 0.8 times the base reimbursement
amount | 25 | | for each validly claimed student who has completed the practice | 26 | | driving
instruction part. |
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| 1 | | (b) The school district which is the residence of
a student | 2 | | who attends a nonpublic school in another district that has | 3 | | furnished the driver
education course shall reimburse the | 4 | | district offering the course, the
difference between the actual | 5 | | per capita cost of giving the course the
previous school year | 6 | | and the amount reimbursed by the State , which, for purposes of | 7 | | this subsection (b), shall be referred to as "course cost" . If | 8 | | the course cost offered by the student's resident district is | 9 | | less than the course cost of the course in the district where | 10 | | the nonpublic school is located, then the student is | 11 | | responsible for paying the district that furnished the course | 12 | | the difference between the 2 amounts. If a nonpublic school | 13 | | student chooses to attend a driver's education course in a | 14 | | school district besides the district where the nonpublic school | 15 | | is located, then the student is wholly responsible for the | 16 | | course cost; however, the nonpublic school student may take the | 17 | | course in his or her resident district on the same basis as | 18 | | public school students who are enrolled in that district.
| 19 | | By April 1 the
nonpublic school shall notify the district | 20 | | offering the course of the
names and district numbers of the | 21 | | nonresident students desiring to take
such course the next | 22 | | school year. The district offering such course shall
notify the | 23 | | district of residence of those students affected by April 15.
| 24 | | The school district furnishing the course may claim the | 25 | | nonresident student
for the purpose of making a claim for State | 26 | | reimbursement under this Act.
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| 1 | | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; | 2 | | 96-734, eff. 8-25-09.)
| 3 | | (105 ILCS 5/27-24.9 new) | 4 | | Sec. 27-24.9. Driver education standards. The State Board | 5 | | of Education, in conjunction with the Secretary of State, shall | 6 | | adopt standards for driver education for persons under the age | 7 | | of 18 years. | 8 | | (105 ILCS 5/27-24.10 new) | 9 | | Sec. 27-24.10. Cost report. The State Board of Education | 10 | | shall annually prepare a report to be posted on the State | 11 | | Board's Internet website that indicates the approximate per | 12 | | capita driver education cost for each school district required | 13 | | to provide driver education. This report, compiled each spring | 14 | | from data reported the previous school year, shall be computed | 15 | | from expenditure data for driver education submitted by school | 16 | | districts on the annual financial statements required pursuant | 17 | | to Section 3-15.1 of this Code and the number of students | 18 | | provided driver education for that school year, as required to | 19 | | be reported under Section 27-24.5 of this Code. | 20 | | Section 10. The Illinois Vehicle Code is amended by | 21 | | changing Sections 6-419, 13-101, and 13-109 as follows:
| 22 | | (625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
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| 1 | | Sec. 6-419. Rules and Regulations. The Secretary is | 2 | | authorized to prescribe by rule standards for the
eligibility, | 3 | | conduct and operation of driver training schools, and
| 4 | | instructors and to adopt other reasonable rules and regulations | 5 | | necessary
to carry out the provisions of this Act. The | 6 | | Secretary may adopt rules exempting particular types of driver | 7 | | training schools from specific statutory provisions in | 8 | | Sections 6-401 through 6-424, where application of those | 9 | | provisions would be inconsistent with the manner of instruction | 10 | | offered by those schools. The Secretary, in conjunction with | 11 | | the State Board of Education, shall adopt standards for driver | 12 | | education course content for persons under the age of 18 years.
| 13 | | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229, | 14 | | eff. 7-28-11.)
| 15 | | (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
| 16 | | Sec. 13-101. Submission to safety test; Certificate of | 17 | | safety. To
promote the safety of the general public, every | 18 | | owner of a second division
vehicle, medical transport vehicle, | 19 | | tow truck, first division vehicle including a taxi which is | 20 | | used for a purpose that requires a school bus driver permit, | 21 | | motor vehicle used for driver education training, or contract | 22 | | carrier
transporting employees in the course of their | 23 | | employment on a highway of
this State in a vehicle designed to | 24 | | carry 15 or fewer passengers shall,
before operating the | 25 | | vehicle
upon the highways of Illinois, submit it to a "safety |
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| 1 | | test" and secure a
certificate of safety furnished by the | 2 | | Department as set forth in Section
13-109. Each second division | 3 | | motor vehicle that pulls or draws a trailer,
semitrailer or | 4 | | pole trailer, with a gross weight of more than 8,000 lbs or
is | 5 | | registered for a gross weight of more than 8,000 lbs, motor | 6 | | bus,
religious organization bus, school bus, senior citizen | 7 | | transportation vehicle,
and limousine shall be subject to
| 8 | | inspection by the Department and the Department is authorized | 9 | | to
establish rules and regulations for the implementation of | 10 | | such inspections.
| 11 | | The owners of each salvage vehicle shall submit it to a | 12 | | "safety test" and
secure a certificate of safety furnished by | 13 | | the Department prior to its
salvage vehicle inspection pursuant | 14 | | to Section 3-308 of this Code.
In implementing and enforcing | 15 | | the provisions of this Section, the
Department and other | 16 | | authorized State agencies shall do so in a manner
that is not | 17 | | inconsistent with any applicable federal law or regulation so
| 18 | | that no federal funding or support is jeopardized by the | 19 | | enactment or
application of these provisions.
| 20 | | However, none of the provisions of Chapter 13 requiring | 21 | | safety
tests or a certificate of safety shall apply to:
| 22 | | (a) farm tractors, machinery and implements, wagons, | 23 | | wagon-trailers
or like farm vehicles used primarily in | 24 | | agricultural pursuits;
| 25 | | (b) vehicles other than school buses, tow trucks and | 26 | | medical
transport vehicles owned or operated by a municipal |
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| 1 | | corporation or
political subdivision having a population | 2 | | of 1,000,000 or more inhabitants
and which are subject to | 3 | | safety tests imposed by local ordinance or resolution;
| 4 | | (c) a semitrailer or trailer having a gross weight of | 5 | | 5,000 pounds
or less including vehicle weight and maximum | 6 | | load;
| 7 | | (d) recreational vehicles;
| 8 | | (e) vehicles registered as and displaying Illinois
| 9 | | antique vehicle plates and vehicles registered as | 10 | | expanded-use antique vehicles and displaying expanded-use | 11 | | antique vehicle plates;
| 12 | | (f) house trailers equipped and used for living | 13 | | quarters;
| 14 | | (g) vehicles registered as and displaying Illinois | 15 | | permanently
mounted equipment plates or similar vehicles | 16 | | eligible therefor but
registered as governmental vehicles | 17 | | provided that if said vehicle is
reclassified from a | 18 | | permanently mounted equipment plate so as to lose the
| 19 | | exemption of not requiring a certificate of safety, such | 20 | | vehicle must be
safety tested within 30 days of the | 21 | | reclassification;
| 22 | | (h) vehicles owned or operated by a manufacturer, | 23 | | dealer or
transporter displaying a special plate or plates | 24 | | as described in Chapter
3 of this Code while such vehicle | 25 | | is being delivered from the
manufacturing or assembly plant | 26 | | directly to the purchasing dealership or
distributor, or |
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| 1 | | being temporarily road driven for quality control testing,
| 2 | | or from one dealer or distributor to another, or are being
| 3 | | moved by the most direct route from one location to another | 4 | | for the
purpose of installing special bodies or equipment, | 5 | | or driven for purposes
of demonstration by a prospective | 6 | | buyer with the dealer or his agent present
in the cab of | 7 | | the vehicle during the demonstration;
| 8 | | (i) pole trailers and auxiliary axles;
| 9 | | (j) special mobile equipment;
| 10 | | (k) vehicles properly registered in another State | 11 | | pursuant to law and
displaying a valid registration plate, | 12 | | except vehicles of contract carriers
transporting | 13 | | employees in the course of their employment on a highway of | 14 | | this
State in a vehicle designed to carry 15 or fewer | 15 | | passengers
are only exempted to the extent that the safety | 16 | | testing
requirements applicable to such vehicles in the | 17 | | state of registration
are no less stringent than the safety | 18 | | testing requirements applicable
to contract carriers that | 19 | | are lawfully registered in Illinois;
| 20 | | (l) water-well boring apparatuses or rigs;
| 21 | | (m) any vehicle which is owned and operated by the | 22 | | federal government
and externally displays evidence of | 23 | | such ownership; and
| 24 | | (n) second division vehicles registered for a gross | 25 | | weight of 8,000
pounds or less, except when such second | 26 | | division motor vehicles pull
or draw a trailer, |
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| 1 | | semi-trailer or pole trailer having a gross weight of
or | 2 | | registered for a gross weight of more than 8,000 pounds; | 3 | | motor buses;
religious organization buses; school buses; | 4 | | senior citizen transportation
vehicles; medical transport | 5 | | vehicles and tow trucks.
| 6 | | The safety test shall include the testing and inspection of
| 7 | | brakes, lights, horns, reflectors, rear vision mirrors, | 8 | | mufflers,
safety chains, windshields and windshield wipers, | 9 | | warning flags and
flares, frame, axle, cab and body, or cab or | 10 | | body, wheels, steering
apparatus, and other safety devices and | 11 | | appliances required by this Code
and such other safety tests as | 12 | | the Department may by rule or regulation
require, for second | 13 | | division vehicles, school buses, medical transport
vehicles, | 14 | | tow trucks, first division vehicles including taxis which are | 15 | | used for a purpose that requires a school bus driver permit, | 16 | | motor vehicles used for driver education training, vehicles | 17 | | designed to carry 15 or fewer passengers
operated by a contract | 18 | | carrier transporting employees in the course of their
| 19 | | employment
on a highway of this State, trailers, and
| 20 | | semitrailers subject to inspection.
| 21 | | For tow trucks, the safety test and inspection shall also | 22 | | include
the inspection of winch mountings, body panels, body
| 23 | | mounts, wheel lift swivel points,
and sling straps, and other | 24 | | tests and inspections the Department by
rule requires for tow | 25 | | trucks.
| 26 | | For driver education vehicles used by public high schools, |
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| 1 | | the vehicle must also be equipped with dual control brakes, a | 2 | | mirror on each side of the vehicle so located as to reflect to | 3 | | the driver a view of the highway for a distance of at least 200 | 4 | | feet to the rear, and a sign visible from the front and the | 5 | | rear identifying the vehicle as a driver education car. | 6 | | For trucks, truck tractors, trailers, semi-trailers, | 7 | | buses, and first division vehicles including taxis which are | 8 | | used for a purpose that requires a school bus driver permit, | 9 | | the
safety test shall be conducted in accordance with the | 10 | | Minimum Periodic
Inspection Standards promulgated by the | 11 | | Federal Highway Administration of
the U.S. Department of | 12 | | Transportation and contained in Appendix G to
Subchapter B of | 13 | | Chapter III of Title 49 of the Code of Federal Regulations.
| 14 | | Those standards, as now in effect, are made a part of this | 15 | | Code, in the
same manner as though they were set out in full in | 16 | | this Code.
| 17 | | The passing of the safety test shall not be a bar at any | 18 | | time to
prosecution for operating a second division vehicle, | 19 | | medical
transport
vehicle, motor vehicle used for driver | 20 | | education training, or vehicle designed to carry 15 or fewer | 21 | | passengers operated by a
contract carrier as provided in this | 22 | | Section that which is unsafe , as determined by
the standards | 23 | | prescribed in this Code.
| 24 | | (Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12; | 25 | | revised 10-4-11.)
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| 1 | | (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
| 2 | | Sec. 13-109. Safety test prior to application for
license - | 3 | | Subsequent tests - Repairs - Retest. | 4 | | (a) Except as otherwise provided in Chapter 13, each second | 5 | | division
vehicle, first division vehicle including a taxi which | 6 | | is used for a purpose that requires a school bus driver permit, | 7 | | and medical transport vehicle, except those vehicles other than
| 8 | | school buses or medical transport vehicles owned or operated by | 9 | | a municipal
corporation or political subdivision having a | 10 | | population of 1,000,000 or
more inhabitants which are subjected | 11 | | to safety tests imposed by local
ordinance or resolution, | 12 | | operated in whole or in part over the highways
of this State, | 13 | | motor vehicle used for driver education training, and each | 14 | | vehicle designed to carry 15 or fewer passengers
operated by a | 15 | | contract carrier transporting employees in the course of
their | 16 | | employment
on a highway of this State, shall be subjected to | 17 | | the safety
test provided for in Chapter
13 of this Code. Tests | 18 | | shall be conducted at an official testing station
within 6 | 19 | | months prior to the application for registration as provided
| 20 | | for in this Code. Subsequently each vehicle shall be subject to | 21 | | tests (i) at
least every 6 months, (ii) and in the case of | 22 | | school buses and first division vehicles including taxis which | 23 | | are used for a purpose that requires a school bus driver | 24 | | permit, at least every 6
months or 10,000 miles , whichever | 25 | | occurs first, or (iii) in the case of driver education vehicles | 26 | | used by public high schools, at least every 12 months for |
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| 1 | | vehicles over 5 model years of age or having an odometer | 2 | | reading of over 75,000 miles, whichever occurs first, and | 3 | | according to
schedules established by rules and regulations | 4 | | promulgated by the
Department. Any component subject to regular | 5 | | inspection which is
damaged in a reportable accident must be | 6 | | reinspected before the bus or first division vehicle including | 7 | | a taxi which is used for a purpose that requires a school bus | 8 | | driver permit is
returned to service.
| 9 | | (b) The Department shall also conduct periodic | 10 | | nonscheduled inspections
of school buses, of buses registered | 11 | | as charitable vehicles and of
religious organization buses. If | 12 | | such inspection reveals that a vehicle is
not in substantial | 13 | | compliance with the rules promulgated by the Department,
the | 14 | | Department shall remove the Certificate of Safety from the | 15 | | vehicle, and
shall place the vehicle out-of-service. A bright | 16 | | orange, triangular decal
shall be placed on an out-of-service | 17 | | vehicle where the Certificate of
Safety has been removed. The | 18 | | vehicle must pass a safety test at an
official testing station | 19 | | before it is again placed in service.
| 20 | | (c) If the violation is not substantial a bright yellow, | 21 | | triangular
sticker shall be placed next to the Certificate of | 22 | | Safety at the time the
nonscheduled inspection is made. The | 23 | | Department shall reinspect the
vehicle after 3 working days to | 24 | | determine that the violation has been
corrected and remove the | 25 | | yellow, triangular decal. If the violation is not
corrected | 26 | | within 3 working days, the Department shall place the vehicle
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| 1 | | out-of-service in accordance with procedures in subsection | 2 | | (b).
| 3 | | (d) If a violation is not substantial and does not directly | 4 | | affect the
safe operation of the vehicle, the Department shall | 5 | | issue a warning notice
requiring correction of the violation. | 6 | | Such correction shall be
accomplished as soon as practicable | 7 | | and a report of the correction shall be
made to the Department | 8 | | within 30 days in a manner established by the
Department. If | 9 | | the Department has not been advised that the corrections
have | 10 | | been made, and the violations still exist, the Department shall | 11 | | place
the vehicle out-of-service in accordance with procedures | 12 | | in subsection
(b).
| 13 | | (e) The Department is authorized to promulgate regulations | 14 | | to implement its
program of nonscheduled inspections. Causing | 15 | | or allowing the operation of
an out-of-service vehicle with | 16 | | passengers or unauthorized removal of an
out-of-service | 17 | | sticker is a Class 3 felony. Causing or allowing the
operation | 18 | | of a vehicle with a 3-day sticker for longer than 3 days with | 19 | | the
sticker attached or the unauthorized removal of a 3-day | 20 | | sticker is a Class C
misdemeanor.
| 21 | | (f) If a second division vehicle, first division vehicle | 22 | | including a taxi which is used for a purpose that requires a | 23 | | school bus driver permit, medical transport vehicle, or
vehicle | 24 | | operated by a contract carrier as provided in subsection (a) of | 25 | | this
Section is in safe
mechanical condition, as determined | 26 | | pursuant to Chapter 13, the operator of
the official testing |
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| 1 | | station must at once issue to the second division
vehicle, | 2 | | first division vehicle including a taxi which is used for a | 3 | | purpose that requires a school bus driver permit, or medical | 4 | | transport vehicle a certificate of safety, in the form
and | 5 | | manner prescribed by the Department, which shall be affixed to | 6 | | the
vehicle by the certified safety tester who performed the | 7 | | safety tests. The
owner of the second division vehicle, first | 8 | | division vehicle including a taxi which is used for a purpose | 9 | | that requires a school bus driver permit, or medical transport | 10 | | vehicle or the
contract carrier shall at
all times display the | 11 | | Certificate of Safety on the second division vehicle, first | 12 | | division vehicle including a taxi which is used for a purpose | 13 | | that requires a school bus driver permit, medical transport | 14 | | vehicle, or vehicle operated by a contract carrier
in the | 15 | | manner prescribed by the Department.
| 16 | | (g) If a test shows that a second division vehicle, first | 17 | | division vehicle including a taxi which is used for a purpose | 18 | | that requires a school bus driver permit, medical
transport
| 19 | | vehicle, or vehicle operated by a contract carrier is not in | 20 | | safe
mechanical condition as provided in this Section, it
shall | 21 | | not be operated on the highways until it has been repaired and
| 22 | | submitted to a retest at an official testing station. If the | 23 | | owner or
contract carrier submits
the vehicle to a retest at
a
| 24 | | different official testing station from that where it failed to | 25 | | pass the
first test, he or she shall present to the operator of | 26 | | the second station the
report of the original test, and shall |
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| 1 | | notify the Department in writing,
giving the name and address | 2 | | of the original testing station and the defects
which prevented | 3 | | the issuance of a Certificate of Safety, and the name and
| 4 | | address of the second official testing station making the | 5 | | retest.
| 6 | | (Source: P.A. 97-224, eff. 7-28-11.)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2013.
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