|
fingerprinting process when applying for subsequent permits or
|
submitting proof of successful completion of the annual |
refresher
course. Individuals who on the effective date of this |
Act possess a valid
school bus driver permit that has been |
previously issued by the appropriate
Regional School |
Superintendent are not subject to the fingerprinting
|
provisions of this Section as long as the permit remains valid |
and does not
lapse. The applicant shall be required to pay all |
related
application and fingerprinting fees as established by |
rule
including, but not limited to, the amounts established by |
the Department of
State Police and the Federal Bureau of |
Investigation to process
fingerprint based criminal background |
investigations. All fees paid for
fingerprint processing |
services under this Section shall be deposited into the
State |
Police Services Fund for the cost incurred in processing the |
fingerprint
based criminal background investigations. All |
other fees paid under this
Section shall be deposited into the |
Road
Fund for the purpose of defraying the costs of the |
Secretary of State in
administering this Section. All |
applicants must:
|
1. be 21 years of age or older;
|
2. possess a valid and properly classified driver's |
license
issued by the Secretary of State;
|
3. possess a valid driver's license, which has not been
|
revoked, suspended, or canceled for 3 years immediately |
prior to
the date of application, or have not had his or |
|
her commercial motor vehicle
driving privileges
|
disqualified within the 3 years immediately prior to the |
date of application;
|
4. successfully pass a written test, administered by |
the
Secretary of State, on school bus operation, school bus |
safety, and
special traffic laws relating to school buses |
and submit to a review
of the applicant's driving habits by |
the Secretary of State at the time the
written test is |
given;
|
5. demonstrate ability to exercise reasonable care in |
the operation of
school buses in accordance with rules |
promulgated by the Secretary of State;
|
6. demonstrate physical fitness to operate school |
buses by
submitting the results of a medical examination, |
including tests for drug
use for each applicant not subject |
to such testing pursuant to
federal law, conducted by a |
licensed physician, an advanced practice nurse
who has a |
written collaborative agreement with
a collaborating |
physician which authorizes him or her to perform medical
|
examinations, or a physician assistant who has been |
delegated the
performance of medical examinations by his or |
her supervising physician
within 90 days of the date
of |
application according to standards promulgated by the |
Secretary of State;
|
7. affirm under penalties of perjury that he or she has |
not made a
false statement or knowingly concealed a |
|
material fact
in any application for permit;
|
8. have completed an initial classroom course, |
including first aid
procedures, in school bus driver safety |
as promulgated by the Secretary of
State; and after |
satisfactory completion of said initial course an annual
|
refresher course; such courses and the agency or |
organization conducting such
courses shall be approved by |
the Secretary of State; failure to
complete the annual |
refresher course, shall result in
cancellation of the |
permit until such course is completed;
|
9. not have been under an order of court supervision |
for or convicted of 2 or more serious traffic offenses, as
|
defined by rule, within one year prior to the date of |
application that may
endanger the life or safety of any of |
the driver's passengers within the
duration of the permit |
period;
|
10. not have been under an order of court supervision |
for or convicted of reckless driving, aggravated reckless |
driving, driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or |
any combination thereof, or reckless homicide resulting |
from the operation of a motor
vehicle within 3 years of the |
date of application;
|
11. not have been convicted of committing or attempting
|
to commit any
one or more of the following offenses: (i) |
those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, |
|
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, |
10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6,
11-9, |
11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1, |
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
|
11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, |
11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9,
|
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
|
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, |
12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, |
18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, |
24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, |
31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of |
Section 8-1, and in subsection (a) and subsection (b), |
clause (1), of Section
12-4, and in subsection (A), clauses |
(a) and (b), of Section 24-3, and those offenses contained |
in Article 29D of the Criminal Code of 1961; (ii) those |
offenses defined in the
Cannabis Control Act except those |
offenses defined in subsections (a) and
(b) of Section 4, |
and subsection (a) of Section 5 of the Cannabis Control
|
Act; (iii) those offenses defined in the Illinois |
Controlled Substances
Act; (iv) those offenses defined in |
the Methamphetamine Control and Community Protection Act; |
(v) any offense committed or attempted in any other state |
or against
the laws of the United States, which if |
committed or attempted in this
State would be punishable as |
|
one or more of the foregoing offenses; (vi)
the offenses |
defined in Section 4.1 and 5.1 of the Wrongs to Children |
Act; (vii) those offenses defined in Section 6-16 of the |
Liquor Control Act of
1934;
and (viii) those offenses |
defined in the Methamphetamine Precursor Control Act; .
|
12. not have been repeatedly involved as a driver in |
motor vehicle
collisions or been repeatedly convicted of |
offenses against
laws and ordinances regulating the |
movement of traffic, to a degree which
indicates lack of |
ability to exercise ordinary and reasonable care in the
|
safe operation of a motor vehicle or disrespect for the |
traffic laws and
the safety of other persons upon the |
highway;
|
13. not have, through the unlawful operation of a motor
|
vehicle, caused an accident resulting in the death of any |
person; and
|
14. not have, within the last 5 years, been adjudged to |
be
afflicted with or suffering from any mental disability |
or disease.
|
(b) A school bus driver permit shall be valid for a period |
specified by
the Secretary of State as set forth by rule. It |
shall be renewable upon compliance with subsection (a) of this
|
Section.
|
(c) A school bus driver permit shall contain the holder's |
driver's
license number, legal name, residence address, zip |
code, social
security number and date
of birth, a brief |
|
description of the holder and a space for signature. The
|
Secretary of State may require a suitable photograph of the |
holder.
|
(d) The employer shall be responsible for conducting a |
pre-employment
interview with prospective school bus driver |
candidates, distributing school
bus driver applications and |
medical forms to be completed by the applicant, and
submitting |
the applicant's fingerprint cards to the Department of State |
Police
that are required for the criminal background |
investigations. The employer
shall certify in writing to the |
Secretary of State that all pre-employment
conditions have been |
successfully completed including the successful completion
of |
an Illinois specific criminal background investigation through |
the
Department of State Police and the submission of necessary
|
fingerprints to the Federal Bureau of Investigation for |
criminal
history information available through the Federal |
Bureau of
Investigation system. The applicant shall present the
|
certification to the Secretary of State at the time of |
submitting
the school bus driver permit application.
|
(e) Permits shall initially be provisional upon receiving
|
certification from the employer that all pre-employment |
conditions
have been successfully completed, and upon |
successful completion of
all training and examination |
requirements for the classification of
the vehicle to be |
operated, the Secretary of State shall
provisionally issue a |
School Bus Driver Permit. The permit shall
remain in a |
|
provisional status pending the completion of the
Federal Bureau |
of Investigation's criminal background investigation based
|
upon fingerprinting specimens submitted to the Federal Bureau |
of
Investigation by the Department of State Police. The Federal |
Bureau of
Investigation shall report the findings directly to |
the Secretary
of State. The Secretary of State shall remove the |
bus driver
permit from provisional status upon the applicant's |
successful
completion of the Federal Bureau of Investigation's |
criminal
background investigation.
|
(f) A school bus driver permit holder shall notify the
|
employer and the Secretary of State if he or she is issued an |
order of court supervision for or convicted in
another state of |
an offense that would make him or her ineligible
for a permit |
under subsection (a) of this Section. The
written notification |
shall be made within 5 days of the entry of
the order of court |
supervision or conviction. Failure of the permit holder to |
provide the
notification is punishable as a petty
offense for a |
first violation and a Class B misdemeanor for a
second or |
subsequent violation.
|
(g) Cancellation; suspension; notice and procedure.
|
(1) The Secretary of State shall cancel a school bus
|
driver permit of an applicant whose criminal background |
investigation
discloses that he or she is not in compliance |
with the provisions of subsection
(a) of this Section.
|
(2) The Secretary of State shall cancel a school
bus |
driver permit when he or she receives notice that the |
|
permit holder fails
to comply with any provision of this |
Section or any rule promulgated for the
administration of |
this Section.
|
(3) The Secretary of State shall cancel a school bus
|
driver permit if the permit holder's restricted commercial |
or
commercial driving privileges are withdrawn or |
otherwise
invalidated.
|
(4) The Secretary of State may not issue a school bus
|
driver permit for a period of 3 years to an applicant who |
fails to
obtain a negative result on a drug test as |
required in item 6 of
subsection (a) of this Section or |
under federal law.
|
(5) The Secretary of State shall forthwith suspend
a |
school bus driver permit for a period of 3 years upon |
receiving
notice that the holder has failed to obtain a |
negative result on a
drug test as required in item 6 of |
subsection (a) of this Section
or under federal law.
|
(6) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice |
from the employer that the holder failed to perform the |
inspection procedure set forth in subsection (a) or (b) of |
Section 12-816 of this Code. |
The Secretary of State shall notify the State |
Superintendent
of Education and the permit holder's |
prospective or current
employer that the applicant has (1) has |
failed a criminal
background investigation or (2) is no
longer |
|
eligible for a school bus driver permit; and of the related
|
cancellation of the applicant's provisional school bus driver |
permit. The
cancellation shall remain in effect pending the |
outcome of a
hearing pursuant to Section 2-118 of this Code. |
The scope of the
hearing shall be limited to the issuance |
criteria contained in
subsection (a) of this Section. A |
petition requesting a
hearing shall be submitted to the |
Secretary of State and shall
contain the reason the individual |
feels he or she is entitled to a
school bus driver permit. The |
permit holder's
employer shall notify in writing to the |
Secretary of State
that the employer has certified the removal |
of the offending school
bus driver from service prior to the |
start of that school bus
driver's next workshift. An employing |
school board that fails to
remove the offending school bus |
driver from service is
subject to the penalties defined in |
Section 3-14.23 of the School Code. A
school bus
contractor who |
violates a provision of this Section is
subject to the |
penalties defined in Section 6-106.11.
|
All valid school bus driver permits issued under this |
Section
prior to January 1, 1995, shall remain effective until |
their
expiration date unless otherwise invalidated.
|
(h) When a school bus driver permit holder who is a service |
member is called to active duty, the employer of the permit |
holder shall notify the Secretary of State, within 30 days of |
notification from the permit holder, that the permit holder has |
been called to active duty. Upon notification pursuant to this |
|
subsection, (i) the Secretary of State shall characterize the |
permit as inactive until a permit holder renews the permit as |
provided in subsection (i) of this Section, and (ii) if a |
permit holder fails to comply with the requirements of this |
Section while called to active duty, the Secretary of State |
shall not characterize the permit as invalid. |
(i) A school bus driver permit holder who is a service |
member returning from active duty must, within 90 days, renew a |
permit characterized as inactive pursuant to subsection (h) of |
this Section by complying with the renewal requirements of |
subsection (b) of this Section. |
(j) For purposes of subsections (h) and (i) of this |
Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the Armed Services or |
reserve forces of the United States or a member of the Illinois |
National Guard. |
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; |
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. |
7-22-10; revised 9-2-10.)
|
(625 ILCS 5/6-106.11) (from Ch. 95 1/2, par. 6-106.11)
|
Sec. 6-106.11.
(a) Any individual, corporation, |
partnership or association,
who through contractual |
|
arrangements with a school district transports
students, |
teachers or other personnel of that district for compensation, |
shall not
permit any person to operate a school bus or any |
first division vehicle including taxis when used for a purpose |
that requires a school bus driver permit pursuant to that |
contract if the
driver has not complied with the provisions of |
Sections 6-106.1 of this
Code or such other rules or |
regulations that the Secretary of State may
prescribe for the |
classification, restriction or licensing of school bus driver |
permit holders drivers.
|
(a-5) Any individual, corporation, partnership, |
association, or entity that has a contractual arrangement |
referred to in subsection (a) of this Section must provide the |
school district with (i) the names of all drivers who will be |
operating a vehicle requiring a school bus driver permit |
pursuant to the contract with the school district; and (ii) a |
copy of each driver's school bus driver permit. Upon |
notification by the Secretary of State to the employer of the |
school bus driver permit holder that an employee's school bus |
driver permit has been suspended or cancelled, the employer |
must notify the school district of the suspension or |
cancellation within 2 business days. |
(a-10) An individual, corporation, partnership, |
association, or entity that has a contractual arrangement |
referred to in subsection (a) of this Section may not: |
(i) utilize a vehicle in the performance of the |
|
contract that has previously been in salvage or junk |
status;
or |
(ii) allow smoking in a vehicle while the vehicle is in |
the performance of the contract. |
(b) A violation of this Section is a business offense and |
shall subject
the offender to a fine of no less than $1,000 nor |
more than $10,000 for
a first offense, no less than $1,500 nor |
more than $15,000 for a second
offense, and no less than $2,000 |
nor more than $20,000 for a third or
subsequent offense. In |
addition to any fines imposed under this subsection, any |
offender
who has been convicted three times under the |
provisions of subsection (a)
shall, upon a fourth or subsequent |
conviction be prohibited from transporting
or contracting to |
transport students, teachers or other personnel of a school
|
district for a period of five years beginning with the date of |
conviction
of such fourth or subsequent conviction.
|
(Source: P.A. 83-1286.)
|
(625 ILCS 5/6-106.12 new) |
Sec. 6-106.12. Contracts requiring school bus driver |
permits. |
(a) No school district that contracts with any individual, |
corporation, partnership, association, or other entity to |
transport students, teachers, or other personnel of that |
district for compensation shall permit any person to operate a |
vehicle that requires a school bus driver permit pursuant to |
|
that contract if the driver has not complied with the |
provisions of Section 6-106.1 of this Code and other |
administrative rules governing the classification, |
restriction, or licensing of persons required to hold a school |
bus driver permit. |
(b) A school district that has a contract of the type |
described in subsection (a) of this Section shall maintain a |
copy of the school bus driver permit of any person operating a |
vehicle that requires a school bus permit.
|
(625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
|
Sec. 12-707.01. Liability insurance. No school bus, first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, commuter van or
motor |
vehicle owned by or used for hire by and in connection with the
|
operation of private or public schools, day camps, summer camps |
or
nursery schools, and no commuter van or passenger car used |
for a for-profit
ridesharing arrangement, shall be operated for |
such purposes unless the owner
thereof shall carry a minimum of |
personal injury liability insurance in
the amount of $1,000,000 |
$25,000 for any one person in any one accident, and
subject to |
the limit for one person, $5,000,000 $100,000 for two or more |
persons
injured by reason of the operation of the vehicle in |
any one accident.
|
(Source: P.A. 83-1091.)
|
|
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
|
Sec. 13-101. Submission to safety test; Certificate of |
safety. To
promote the safety of the general public, every |
owner of a second division
vehicle, medical transport vehicle, |
tow truck, first division vehicle including a taxi which is |
used for a purpose that requires a school bus driver permit, or |
contract carrier
transporting employees in the course of their |
employment on a highway of
this State in a vehicle designed to |
carry 15 or fewer passengers shall,
before operating the |
vehicle
upon the highways of Illinois, submit it to a "safety |
test" and secure a
certificate of safety furnished by the |
Department as set forth in Section
13-109. Each second division |
motor vehicle that pulls or draws a trailer,
semitrailer or |
pole trailer, with a gross weight of more than 8,000 lbs or
is |
registered for a gross weight of more than 8,000 lbs, motor |
bus,
religious organization bus, school bus, senior citizen |
transportation vehicle,
and limousine shall be subject to
|
inspection by the Department and the Department is authorized |
to
establish rules and regulations for the implementation of |
such inspections.
|
The owners of each salvage vehicle shall submit it to a |
"safety test" and
secure a certificate of safety furnished by |
the Department prior to its
salvage vehicle inspection pursuant |
to Section 3-308 of this Code.
In implementing and enforcing |
the provisions of this Section, the
Department and other |
authorized State agencies shall do so in a manner
that is not |
|
inconsistent with any applicable federal law or regulation so
|
that no federal funding or support is jeopardized by the |
enactment or
application of these provisions.
|
However, none of the provisions of Chapter 13 requiring |
safety
tests or a certificate of safety shall apply to:
|
(a) farm tractors, machinery and implements, wagons, |
wagon-trailers
or like farm vehicles used primarily in |
agricultural pursuits;
|
(b) vehicles other than school buses, tow trucks and |
medical
transport vehicles owned or operated by a municipal |
corporation or
political subdivision having a population |
of 1,000,000 or more inhabitants
and which are subject to |
safety tests imposed by local ordinance or resolution;
|
(c) a semitrailer or trailer having a gross weight of |
5,000 pounds
or less including vehicle weight and maximum |
load;
|
(d) recreational vehicles;
|
(e) vehicles registered as and displaying Illinois
|
antique vehicle plates;
|
(f) house trailers equipped and used for living |
quarters;
|
(g) vehicles registered as and displaying Illinois |
permanently
mounted equipment plates or similar vehicles |
eligible therefor but
registered as governmental vehicles |
provided that if said vehicle is
reclassified from a |
permanently mounted equipment plate so as to lose the
|
|
exemption of not requiring a certificate of safety, such |
vehicle must be
safety tested within 30 days of the |
reclassification;
|
(h) vehicles owned or operated by a manufacturer, |
dealer or
transporter displaying a special plate or plates |
as described in Chapter
3 of this Code while such vehicle |
is being delivered from the
manufacturing or assembly plant |
directly to the purchasing dealership or
distributor, or |
being temporarily road driven for quality control testing,
|
or from one dealer or distributor to another, or are being
|
moved by the most direct route from one location to another |
for the
purpose of installing special bodies or equipment, |
or driven for purposes
of demonstration by a prospective |
buyer with the dealer or his agent present
in the cab of |
the vehicle during the demonstration;
|
(i) pole trailers and auxiliary axles;
|
(j) special mobile equipment;
|
(k) vehicles properly registered in another State |
pursuant to law and
displaying a valid registration plate, |
except vehicles of contract carriers
transporting |
employees in the course of their employment on a highway of |
this
State in a vehicle designed to carry 15 or fewer |
passengers
are only exempted to the extent that the safety |
testing
requirements applicable to such vehicles in the |
state of registration
are no less stringent than the safety |
testing requirements applicable
to contract carriers that |
|
are lawfully registered in Illinois;
|
(l) water-well boring apparatuses or rigs;
|
(m) any vehicle which is owned and operated by the |
federal government
and externally displays evidence of |
such ownership; and
|
(n) second division vehicles registered for a gross |
weight of 8,000
pounds or less, except when such second |
division motor vehicles pull
or draw a trailer, |
semi-trailer or pole trailer having a gross weight of
or |
registered for a gross weight of more than 8,000 pounds; |
motor buses;
religious organization buses; school buses; |
senior citizen transportation
vehicles; medical transport |
vehicles and tow trucks.
|
The safety test shall include the testing and inspection of
|
brakes, lights, horns, reflectors, rear vision mirrors, |
mufflers,
safety chains, windshields and windshield wipers, |
warning flags and
flares, frame, axle, cab and body, or cab or |
body, wheels, steering
apparatus, and other safety devices and |
appliances required by this Code
and such other safety tests as |
the Department may by rule or regulation
require, for second |
division vehicles, school buses, medical transport
vehicles, |
tow trucks, first division vehicles including taxis which are |
used for a purpose that requires a school bus driver permit, |
vehicles designed to carry 15 or fewer passengers
operated by a |
contract carrier transporting employees in the course of their
|
employment
on a highway of this State, trailers, and
|
|
semitrailers subject to inspection.
|
For tow trucks, the safety test and inspection shall also |
include
the inspection of winch mountings, body panels, body
|
mounts, wheel lift swivel points,
and sling straps, and other |
tests and inspections the Department by
rule requires for tow |
trucks.
|
For trucks, truck tractors, trailers, semi-trailers, and |
buses, and first division vehicles including taxis which are |
used for a purpose that requires a school bus driver permit, |
the
safety test shall be conducted in accordance with the |
Minimum Periodic
Inspection Standards promulgated by the |
Federal Highway Administration of
the U.S. Department of |
Transportation and contained in Appendix G to
Subchapter B of |
Chapter III of Title 49 of the Code of Federal Regulations.
|
Those standards, as now in effect, are made a part of this |
Code, in the
same manner as though they were set out in full in |
this Code.
|
The passing of the safety test shall not be a bar at any |
time to
prosecution for operating a second division vehicle, |
medical
transport
vehicle, or vehicle designed to carry 15 or |
fewer passengers operated by a
contract carrier as provided in |
this Section which is unsafe as determined by
the standards |
prescribed in this Code.
|
(Source: P.A. 92-108, eff. 1-1-02; 93-637, eff. 6-1-04.)
|
(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
|
|
Sec. 13-109.
Safety test prior to application for
license - |
Subsequent tests - Repairs - Retest.
|
(a) Except as otherwise provided in Chapter 13, each second |
division
vehicle, first division vehicle including a taxi which |
is used for a purpose that requires a school bus driver permit, |
and medical transport vehicle, except those vehicles other than
|
school buses or medical transport vehicles owned or operated by |
a municipal
corporation or political subdivision having a |
population of 1,000,000 or
more inhabitants which are subjected |
to safety tests imposed by local
ordinance or resolution, |
operated in whole or in part over the highways
of this State, |
and each vehicle designed to carry 15 or fewer passengers
|
operated by a contract carrier transporting employees in the |
course of
their employment
on a highway of this State, shall be |
subjected to the safety
test provided for in Chapter
13 of this |
Code. Tests shall be conducted at an official testing station
|
within 6 months prior to the application for registration as |
provided
for in this Code. Subsequently each vehicle shall be |
subject to tests at
least every 6 months, and in the case of |
school buses and first division vehicles including taxis which |
are used for a purpose that requires a school bus driver |
permit, at least every 6
months or 10,000 miles whichever |
occurs first, and according to
schedules established by rules |
and regulations promulgated by the
Department. Any component |
subject to regular inspection which is
damaged in a reportable |
accident must be reinspected before the bus or first division |
|
vehicle including a taxi which is used for a purpose that |
requires a school bus driver permit is
returned to service.
|
(b) The Department shall also conduct periodic |
nonscheduled inspections
of school buses, of buses registered |
as charitable vehicles and of
religious organization buses. If |
such inspection reveals that a vehicle is
not in substantial |
compliance with the rules promulgated by the Department,
the |
Department shall remove the Certificate of Safety from the |
vehicle, and
shall place the vehicle out-of-service. A bright |
orange, triangular decal
shall be placed on an out-of-service |
vehicle where the Certificate of
Safety has been removed. The |
vehicle must pass a safety test at an
official testing station |
before it is again placed in service.
|
(c) If the violation is not substantial a bright yellow, |
triangular
sticker shall be placed next to the Certificate of |
Safety at the time the
nonscheduled inspection is made. The |
Department shall reinspect the
vehicle after 3 working days to |
determine that the violation has been
corrected and remove the |
yellow, triangular decal. If the violation is not
corrected |
within 3 working days, the Department shall place the vehicle
|
out-of-service in accordance with procedures in subsection |
(b).
|
(d) If a violation is not substantial and does not directly |
affect the
safe operation of the vehicle, the Department shall |
issue a warning notice
requiring correction of the violation. |
Such correction shall be
accomplished as soon as practicable |
|
and a report of the correction shall be
made to the Department |
within 30 days in a manner established by the
Department. If |
the Department has not been advised that the corrections
have |
been made, and the violations still exist, the Department shall |
place
the vehicle out-of-service in accordance with procedures |
in subsection
(b).
|
(e) The Department is authorized to promulgate regulations |
to implement its
program of nonscheduled inspections. Causing |
or allowing the operation of
an out-of-service vehicle with |
passengers or unauthorized removal of an
out-of-service |
sticker is a Class 3 felony. Causing or allowing the
operation |
of a vehicle with a 3-day sticker for longer than 3 days with |
the
sticker attached or the unauthorized removal of a 3-day |
sticker is a Class C
misdemeanor.
|
(f) If a second division vehicle, first division vehicle |
including a taxi which is used for a purpose that requires a |
school bus driver permit, medical transport vehicle, or
vehicle |
operated by a contract carrier as provided in subsection (a) of |
this
Section is in safe
mechanical condition, as determined |
pursuant to Chapter 13, the operator of
the official testing |
station must at once issue to the second division
vehicle, |
first division vehicle including a taxi which is used for a |
purpose that requires a school bus driver permit, or medical |
transport vehicle a certificate of safety, in the form
and |
manner prescribed by the Department, which shall be affixed to |
the
vehicle by the certified safety tester who performed the |
|
safety tests. The
owner of the second division vehicle, first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, or medical transport |
vehicle or the
contract carrier shall at
all times display the |
Certificate of Safety on the second division vehicle, first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, medical transport |
vehicle, or vehicle operated by a contract carrier
in the |
manner prescribed by the Department.
|
(g) If a test shows that a second division vehicle, first |
division vehicle including a taxi which is used for a purpose |
that requires a school bus driver permit, medical
transport
|
vehicle, or vehicle operated by a contract carrier is not in |
safe
mechanical condition as provided in this Section, it
shall |
not be operated on the highways until it has been repaired and
|
submitted to a retest at an official testing station. If the |
owner or
contract carrier submits
the vehicle to a retest at
a
|
different official testing station from that where it failed to |
pass the
first test, he or she shall present to the operator of |
the second station the
report of the original test, and shall |
notify the Department in writing,
giving the name and address |
of the original testing station and the defects
which prevented |
the issuance of a Certificate of Safety, and the name and
|
address of the second official testing station making the |
retest.
|
(Source: P.A. 92-108, eff. 1-1-02.)
|