Illinois 2023-2024 Regular Session

Illinois House Bill HB3476 Latest Draft

Bill / Introduced Version Filed 02/17/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:   625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1  625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109   Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023.  LRB103 27485 MXP 53857 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:  625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1  625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1  625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023.  LRB103 27485 MXP 53857 b     LRB103 27485 MXP 53857 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1  625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1  625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
625 ILCS 5/6-106.1
625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023.
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A BILL FOR
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1  AN ACT concerning transportation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
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  Sec. 1-217. Vehicle. Every device, in, upon or by which
8  any person or property is or may be transported or drawn upon a
9  highway or requiring a certificate of title under Section
10  3-101(d) of this Code, except devices moved by human power,
11  devices used exclusively upon stationary rails or tracks, and
12  snowmobiles as defined in the Snowmobile Registration and
13  Safety Act.
14  For the purposes of this Code, unless otherwise
15  prescribed, a device shall be considered to be a vehicle until
16  such time it either comes within the definition of a junk
17  vehicle, as defined under this Code, or a junking certificate
18  is issued for it.
19  For this Code, vehicles are divided into 2 divisions:
20  First Division: Those motor vehicles which are designed
21  for the carrying of not more than 10 persons.
22  Second Division: Those vehicles which are designed for
23  carrying more than 10 persons, those designed or used for

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3476 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1  625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109 625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217 625 ILCS 5/6-106.1  625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
625 ILCS 5/6-106.1
625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109
Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. In provisions concerning school bus driver permits, provides that the Secretary of State shall offer for issuance a separate permit valid only for the operation of first division vehicles being operated as school buses. Provides that the written test an applicant for a school bus driver permit must pass shall be a first division or second division written test. Requires the Secretary of State, in conjunction with the Illinois State Board of Education, to develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Provides that regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. Effective July 1, 2023.
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A BILL FOR

 

 

625 ILCS 5/1-217 from Ch. 95 1/2, par. 1-217
625 ILCS 5/6-106.1
625 ILCS 5/13-109 from Ch. 95 1/2, par. 13-109



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1  living quarters and those vehicles which are designed for
2  pulling or carrying property, freight, or cargo and , those
3  motor vehicles of the First Division remodelled for use and
4  used as motor vehicles of the Second Division, and those motor
5  vehicles of the First Division used and registered as school
6  buses.
7  (Source: P.A. 92-812, eff. 8-21-02.)
8  (625 ILCS 5/6-106.1)
9  (Text of Section before amendment by P.A. 102-982)
10  Sec. 6-106.1. School bus driver permit.
11  (a) The Secretary of State shall issue a school bus driver
12  permit to those applicants who have met all the requirements
13  of the application and screening process under this Section to
14  insure the welfare and safety of children who are transported
15  on school buses throughout the State of Illinois. Applicants
16  shall obtain the proper application required by the Secretary
17  of State from their prospective or current employer and submit
18  the completed application to the prospective or current
19  employer along with the necessary fingerprint submission as
20  required by the Illinois State Police to conduct fingerprint
21  based criminal background checks on current and future
22  information available in the state system and current
23  information available through the Federal Bureau of
24  Investigation's system. Applicants who have completed the
25  fingerprinting requirements shall not be subjected to the

 

 

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1  fingerprinting process when applying for subsequent permits or
2  submitting proof of successful completion of the annual
3  refresher course. Individuals who on July 1, 1995 (the
4  effective date of Public Act 88-612) possess a valid school
5  bus driver permit that has been previously issued by the
6  appropriate Regional School Superintendent are not subject to
7  the fingerprinting provisions of this Section as long as the
8  permit remains valid and does not lapse. The applicant shall
9  be required to pay all related application and fingerprinting
10  fees as established by rule including, but not limited to, the
11  amounts established by the Illinois State Police and the
12  Federal Bureau of Investigation to process fingerprint based
13  criminal background investigations. All fees paid for
14  fingerprint processing services under this Section shall be
15  deposited into the State Police Services Fund for the cost
16  incurred in processing the fingerprint based criminal
17  background investigations. All other fees paid under this
18  Section shall be deposited into the Road Fund for the purpose
19  of defraying the costs of the Secretary of State in
20  administering this Section. All applicants must:
21  1. be 21 years of age or older;
22  2. possess a valid and properly classified driver's
23  license issued by the Secretary of State;
24  3. possess a valid driver's license, which has not
25  been revoked, suspended, or canceled for 3 years
26  immediately prior to the date of application, or have not

 

 

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1  had his or her commercial motor vehicle driving privileges
2  disqualified within the 3 years immediately prior to the
3  date of application;
4  4. successfully pass a written test, administered by
5  the Secretary of State, on school bus operation, school
6  bus safety, and special traffic laws relating to school
7  buses and submit to a review of the applicant's driving
8  habits by the Secretary of State at the time the written
9  test is given;
10  5. demonstrate ability to exercise reasonable care in
11  the operation of school buses in accordance with rules
12  promulgated by the Secretary of State;
13  6. demonstrate physical fitness to operate school
14  buses by submitting the results of a medical examination,
15  including tests for drug use for each applicant not
16  subject to such testing pursuant to federal law, conducted
17  by a licensed physician, a licensed advanced practice
18  registered nurse, or a licensed physician assistant within
19  90 days of the date of application according to standards
20  promulgated by the Secretary of State;
21  7. affirm under penalties of perjury that he or she
22  has not made a false statement or knowingly concealed a
23  material fact in any application for permit;
24  8. have completed an initial classroom course,
25  including first aid procedures, in school bus driver
26  safety as promulgated by the Secretary of State; and after

 

 

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1  satisfactory completion of said initial course an annual
2  refresher course; such courses and the agency or
3  organization conducting such courses shall be approved by
4  the Secretary of State; failure to complete the annual
5  refresher course, shall result in cancellation of the
6  permit until such course is completed;
7  9. not have been under an order of court supervision
8  for or convicted of 2 or more serious traffic offenses, as
9  defined by rule, within one year prior to the date of
10  application that may endanger the life or safety of any of
11  the driver's passengers within the duration of the permit
12  period;
13  10. not have been under an order of court supervision
14  for or convicted of reckless driving, aggravated reckless
15  driving, driving while under the influence of alcohol,
16  other drug or drugs, intoxicating compound or compounds or
17  any combination thereof, or reckless homicide resulting
18  from the operation of a motor vehicle within 3 years of the
19  date of application;
20  11. not have been convicted of committing or
21  attempting to commit any one or more of the following
22  offenses: (i) those offenses defined in Sections 8-1,
23  8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
24  10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
25  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
26  11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,

 

 

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1  11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
2  11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
3  11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
4  11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
5  12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
6  12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
7  12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
8  12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
9  12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
10  18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
11  20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
12  24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
13  33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
14  of Section 24-3, and those offenses contained in Article
15  29D of the Criminal Code of 1961 or the Criminal Code of
16  2012; (ii) those offenses defined in the Cannabis Control
17  Act except those offenses defined in subsections (a) and
18  (b) of Section 4, and subsection (a) of Section 5 of the
19  Cannabis Control Act; (iii) those offenses defined in the
20  Illinois Controlled Substances Act; (iv) those offenses
21  defined in the Methamphetamine Control and Community
22  Protection Act; (v) any offense committed or attempted in
23  any other state or against the laws of the United States,
24  which if committed or attempted in this State would be
25  punishable as one or more of the foregoing offenses; (vi)
26  the offenses defined in Section 4.1 and 5.1 of the Wrongs

 

 

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1  to Children Act or Section 11-9.1A of the Criminal Code of
2  1961 or the Criminal Code of 2012; (vii) those offenses
3  defined in Section 6-16 of the Liquor Control Act of 1934;
4  and (viii) those offenses defined in the Methamphetamine
5  Precursor Control Act;
6  12. not have been repeatedly involved as a driver in
7  motor vehicle collisions or been repeatedly convicted of
8  offenses against laws and ordinances regulating the
9  movement of traffic, to a degree which indicates lack of
10  ability to exercise ordinary and reasonable care in the
11  safe operation of a motor vehicle or disrespect for the
12  traffic laws and the safety of other persons upon the
13  highway;
14  13. not have, through the unlawful operation of a
15  motor vehicle, caused an accident resulting in the death
16  of any person;
17  14. not have, within the last 5 years, been adjudged
18  to be afflicted with or suffering from any mental
19  disability or disease;
20  15. consent, in writing, to the release of results of
21  reasonable suspicion drug and alcohol testing under
22  Section 6-106.1c of this Code by the employer of the
23  applicant to the Secretary of State; and
24  16. not have been convicted of committing or
25  attempting to commit within the last 20 years: (i) an
26  offense defined in subsection (c) of Section 4, subsection

 

 

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1  (b) of Section 5, and subsection (a) of Section 8 of the
2  Cannabis Control Act; or (ii) any offenses in any other
3  state or against the laws of the United States that, if
4  committed or attempted in this State, would be punishable
5  as one or more of the foregoing offenses.
6  (a-5) If an applicant's driver's license has been
7  suspended within the 3 years immediately prior to the date of
8  application for the sole reason of failure to pay child
9  support, that suspension shall not bar the applicant from
10  receiving a school bus driver permit.
11  (b) A school bus driver permit shall be valid for a period
12  specified by the Secretary of State as set forth by rule. It
13  shall be renewable upon compliance with subsection (a) of this
14  Section.
15  (c) A school bus driver permit shall contain the holder's
16  driver's license number, legal name, residence address, zip
17  code, and date of birth, a brief description of the holder and
18  a space for signature. The Secretary of State may require a
19  suitable photograph of the holder.
20  (d) The employer shall be responsible for conducting a
21  pre-employment interview with prospective school bus driver
22  candidates, distributing school bus driver applications and
23  medical forms to be completed by the applicant, and submitting
24  the applicant's fingerprint cards to the Illinois State Police
25  that are required for the criminal background investigations.
26  The employer shall certify in writing to the Secretary of

 

 

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1  State that all pre-employment conditions have been
2  successfully completed including the successful completion of
3  an Illinois specific criminal background investigation through
4  the Illinois State Police and the submission of necessary
5  fingerprints to the Federal Bureau of Investigation for
6  criminal history information available through the Federal
7  Bureau of Investigation system. The applicant shall present
8  the certification to the Secretary of State at the time of
9  submitting the school bus driver permit application.
10  (e) Permits shall initially be provisional upon receiving
11  certification from the employer that all pre-employment
12  conditions have been successfully completed, and upon
13  successful completion of all training and examination
14  requirements for the classification of the vehicle to be
15  operated, the Secretary of State shall provisionally issue a
16  School Bus Driver Permit. The permit shall remain in a
17  provisional status pending the completion of the Federal
18  Bureau of Investigation's criminal background investigation
19  based upon fingerprinting specimens submitted to the Federal
20  Bureau of Investigation by the Illinois State Police. The
21  Federal Bureau of Investigation shall report the findings
22  directly to the Secretary of State. The Secretary of State
23  shall remove the bus driver permit from provisional status
24  upon the applicant's successful completion of the Federal
25  Bureau of Investigation's criminal background investigation.
26  (f) A school bus driver permit holder shall notify the

 

 

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1  employer and the Secretary of State if he or she is issued an
2  order of court supervision for or convicted in another state
3  of an offense that would make him or her ineligible for a
4  permit under subsection (a) of this Section. The written
5  notification shall be made within 5 days of the entry of the
6  order of court supervision or conviction. Failure of the
7  permit holder to provide the notification is punishable as a
8  petty offense for a first violation and a Class B misdemeanor
9  for a second or subsequent violation.
10  (g) Cancellation; suspension; notice and procedure.
11  (1) The Secretary of State shall cancel a school bus
12  driver permit of an applicant whose criminal background
13  investigation discloses that he or she is not in
14  compliance with the provisions of subsection (a) of this
15  Section.
16  (2) The Secretary of State shall cancel a school bus
17  driver permit when he or she receives notice that the
18  permit holder fails to comply with any provision of this
19  Section or any rule promulgated for the administration of
20  this Section.
21  (3) The Secretary of State shall cancel a school bus
22  driver permit if the permit holder's restricted commercial
23  or commercial driving privileges are withdrawn or
24  otherwise invalidated.
25  (4) The Secretary of State may not issue a school bus
26  driver permit for a period of 3 years to an applicant who

 

 

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1  fails to obtain a negative result on a drug test as
2  required in item 6 of subsection (a) of this Section or
3  under federal law.
4  (5) The Secretary of State shall forthwith suspend a
5  school bus driver permit for a period of 3 years upon
6  receiving notice that the holder has failed to obtain a
7  negative result on a drug test as required in item 6 of
8  subsection (a) of this Section or under federal law.
9  (6) The Secretary of State shall suspend a school bus
10  driver permit for a period of 3 years upon receiving
11  notice from the employer that the holder failed to perform
12  the inspection procedure set forth in subsection (a) or
13  (b) of Section 12-816 of this Code.
14  (7) The Secretary of State shall suspend a school bus
15  driver permit for a period of 3 years upon receiving
16  notice from the employer that the holder refused to submit
17  to an alcohol or drug test as required by Section 6-106.1c
18  or has submitted to a test required by that Section which
19  disclosed an alcohol concentration of more than 0.00 or
20  disclosed a positive result on a National Institute on
21  Drug Abuse five-drug panel, utilizing federal standards
22  set forth in 49 CFR 40.87.
23  The Secretary of State shall notify the State
24  Superintendent of Education and the permit holder's
25  prospective or current employer that the applicant has (1) has
26  failed a criminal background investigation or (2) is no longer

 

 

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1  eligible for a school bus driver permit; and of the related
2  cancellation of the applicant's provisional school bus driver
3  permit. The cancellation shall remain in effect pending the
4  outcome of a hearing pursuant to Section 2-118 of this Code.
5  The scope of the hearing shall be limited to the issuance
6  criteria contained in subsection (a) of this Section. A
7  petition requesting a hearing shall be submitted to the
8  Secretary of State and shall contain the reason the individual
9  feels he or she is entitled to a school bus driver permit. The
10  permit holder's employer shall notify in writing to the
11  Secretary of State that the employer has certified the removal
12  of the offending school bus driver from service prior to the
13  start of that school bus driver's next workshift. An employing
14  school board that fails to remove the offending school bus
15  driver from service is subject to the penalties defined in
16  Section 3-14.23 of the School Code. A school bus contractor
17  who violates a provision of this Section is subject to the
18  penalties defined in Section 6-106.11.
19  All valid school bus driver permits issued under this
20  Section prior to January 1, 1995, shall remain effective until
21  their expiration date unless otherwise invalidated.
22  (h) When a school bus driver permit holder who is a service
23  member is called to active duty, the employer of the permit
24  holder shall notify the Secretary of State, within 30 days of
25  notification from the permit holder, that the permit holder
26  has been called to active duty. Upon notification pursuant to

 

 

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1  this subsection, (i) the Secretary of State shall characterize
2  the permit as inactive until a permit holder renews the permit
3  as provided in subsection (i) of this Section, and (ii) if a
4  permit holder fails to comply with the requirements of this
5  Section while called to active duty, the Secretary of State
6  shall not characterize the permit as invalid.
7  (i) A school bus driver permit holder who is a service
8  member returning from active duty must, within 90 days, renew
9  a permit characterized as inactive pursuant to subsection (h)
10  of this Section by complying with the renewal requirements of
11  subsection (b) of this Section.
12  (j) For purposes of subsections (h) and (i) of this
13  Section:
14  "Active duty" means active duty pursuant to an executive
15  order of the President of the United States, an act of the
16  Congress of the United States, or an order of the Governor.
17  "Service member" means a member of the Armed Services or
18  reserve forces of the United States or a member of the Illinois
19  National Guard.
20  (k) A private carrier employer of a school bus driver
21  permit holder, having satisfied the employer requirements of
22  this Section, shall be held to a standard of ordinary care for
23  intentional acts committed in the course of employment by the
24  bus driver permit holder. This subsection (k) shall in no way
25  limit the liability of the private carrier employer for
26  violation of any provision of this Section or for the

 

 

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1  negligent hiring or retention of a school bus driver permit
2  holder.
3  (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
4  102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
5  1-1-23; 102-813, eff. 5-13-22; revised 12-14-22.)
6  (Text of Section after amendment by P.A. 102-982)
7  Sec. 6-106.1. School bus driver permit.
8  (a) The Secretary of State shall issue a school bus driver
9  permit for the operation of first or second division vehicles
10  being operated as school buses or a permit valid only for the
11  operation of first division vehicles being operated as school
12  buses to those applicants who have met all the requirements of
13  the application and screening process under this Section to
14  insure the welfare and safety of children who are transported
15  on school buses throughout the State of Illinois. Applicants
16  shall obtain the proper application required by the Secretary
17  of State from their prospective or current employer and submit
18  the completed application to the prospective or current
19  employer along with the necessary fingerprint submission as
20  required by the Illinois State Police to conduct
21  fingerprint-based fingerprint based criminal background checks
22  on current and future information available in the State state
23  system and current information available through the Federal
24  Bureau of Investigation's system. Applicants who have
25  completed the fingerprinting requirements shall not be

 

 

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1  subjected to the fingerprinting process when applying for
2  subsequent permits or submitting proof of successful
3  completion of the annual refresher course. Individuals who on
4  July 1, 1995 (the effective date of Public Act 88-612) possess
5  a valid school bus driver permit that has been previously
6  issued by the appropriate Regional School Superintendent are
7  not subject to the fingerprinting provisions of this Section
8  as long as the permit remains valid and does not lapse. The
9  applicant shall be required to pay all related application and
10  fingerprinting fees as established by rule, including, but not
11  limited to, the amounts established by the Illinois State
12  Police and the Federal Bureau of Investigation to process
13  fingerprint-based fingerprint based criminal background
14  investigations. All fees paid for fingerprint processing
15  services under this Section shall be deposited into the State
16  Police Services Fund for the cost incurred in processing the
17  fingerprint-based fingerprint based criminal background
18  investigations. All other fees paid under this Section shall
19  be deposited into the Road Fund for the purpose of defraying
20  the costs of the Secretary of State in administering this
21  Section. Other than any applicant to operate a first division
22  vehicle, all All applicants must:
23  1. be 21 years of age or older;
24  2. possess a valid and properly classified driver's
25  license issued by the Secretary of State;
26  3. possess a valid driver's license, which has not

 

 

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1  been revoked, suspended, or canceled for 3 years
2  immediately prior to the date of application, or have not
3  had his or her commercial motor vehicle driving privileges
4  disqualified within the 3 years immediately prior to the
5  date of application;
6  4. successfully pass a school bus or second division
7  written test, administered by the Secretary of State, on
8  school bus operation, school bus safety, and special
9  traffic laws relating to school buses and submit to a
10  review of the applicant's driving habits by the Secretary
11  of State at the time the written test is given;
12  5. demonstrate ability to exercise reasonable care in
13  the operation of school buses in accordance with rules
14  promulgated by the Secretary of State;
15  6. demonstrate physical fitness to operate school
16  buses by submitting the results of a medical examination,
17  including tests for drug use for each applicant not
18  subject to such testing pursuant to federal law, conducted
19  by a licensed physician, a licensed advanced practice
20  registered nurse, or a licensed physician assistant within
21  90 days of the date of application according to standards
22  promulgated by the Secretary of State;
23  7. affirm under penalties of perjury that he or she
24  has not made a false statement or knowingly concealed a
25  material fact in any application for permit;
26  8. have completed an initial classroom course,

 

 

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1  including first aid procedures, in school bus driver
2  safety as promulgated by the Secretary of State; and,
3  after satisfactory completion of said initial course, an
4  annual refresher course; such courses and the agency or
5  organization conducting such courses shall be approved by
6  the Secretary of State; failure to complete the annual
7  refresher course, shall result in cancellation of the
8  permit until such course is completed;
9  9. not have been under an order of court supervision
10  for or convicted of 2 or more serious traffic offenses, as
11  defined by rule, within one year prior to the date of
12  application that may endanger the life or safety of any of
13  the driver's passengers within the duration of the permit
14  period;
15  10. not have been under an order of court supervision
16  for or convicted of reckless driving, aggravated reckless
17  driving, driving while under the influence of alcohol,
18  other drug or drugs, intoxicating compound or compounds or
19  any combination thereof, or reckless homicide resulting
20  from the operation of a motor vehicle within 3 years of the
21  date of application;
22  11. not have been convicted of committing or
23  attempting to commit any one or more of the following
24  offenses: (i) those offenses defined in Sections 8-1,
25  8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
26  10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,

 

 

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1  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
2  11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
3  11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
4  11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
5  11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
6  11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
7  12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
8  12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
9  12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
10  12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
11  12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
12  18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
13  20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
14  24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
15  33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
16  of Section 24-3, and those offenses contained in Article
17  29D of the Criminal Code of 1961 or the Criminal Code of
18  2012; (ii) those offenses defined in the Cannabis Control
19  Act except those offenses defined in subsections (a) and
20  (b) of Section 4, and subsection (a) of Section 5 of the
21  Cannabis Control Act; (iii) those offenses defined in the
22  Illinois Controlled Substances Act; (iv) those offenses
23  defined in the Methamphetamine Control and Community
24  Protection Act; (v) any offense committed or attempted in
25  any other state or against the laws of the United States,
26  which if committed or attempted in this State would be

 

 

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1  punishable as one or more of the foregoing offenses; (vi)
2  the offenses defined in Section 4.1 and 5.1 of the Wrongs
3  to Children Act or Section 11-9.1A of the Criminal Code of
4  1961 or the Criminal Code of 2012; (vii) those offenses
5  defined in Section 6-16 of the Liquor Control Act of 1934;
6  and (viii) those offenses defined in the Methamphetamine
7  Precursor Control Act;
8  12. not have been repeatedly involved as a driver in
9  motor vehicle collisions or been repeatedly convicted of
10  offenses against laws and ordinances regulating the
11  movement of traffic, to a degree which indicates lack of
12  ability to exercise ordinary and reasonable care in the
13  safe operation of a motor vehicle or disrespect for the
14  traffic laws and the safety of other persons upon the
15  highway;
16  13. not have, through the unlawful operation of a
17  motor vehicle, caused a crash resulting in the death of
18  any person;
19  14. not have, within the last 5 years, been adjudged
20  to be afflicted with or suffering from any mental
21  disability or disease;
22  15. consent, in writing, to the release of results of
23  reasonable suspicion drug and alcohol testing under
24  Section 6-106.1c of this Code by the employer of the
25  applicant to the Secretary of State; and
26  16. not have been convicted of committing or

 

 

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1  attempting to commit within the last 20 years: (i) an
2  offense defined in subsection (c) of Section 4, subsection
3  (b) of Section 5, and subsection (a) of Section 8 of the
4  Cannabis Control Act; or (ii) any offenses in any other
5  state or against the laws of the United States that, if
6  committed or attempted in this State, would be punishable
7  as one or more of the foregoing offenses.
8  (a-5) If an applicant's driver's license has been
9  suspended within the 3 years immediately prior to the date of
10  application for the sole reason of failure to pay child
11  support, that suspension shall not bar the applicant from
12  receiving a school bus driver permit.
13  (a-7) The Secretary of State, in conjunction with the
14  Illinois State Board of Education, shall develop a separate
15  classroom course and refresher course for operation of
16  vehicles of the first division being operated as school buses.
17  Regional superintendents of schools, working with the Illinois
18  State Board of Education, shall offer the course.
19  (a-10) All applicants to operate a first division vehicle
20  must:
21  (1) meet the requirements of paragraphs 1, 2, 3, 7,
22  and 9 through 16 of subsection (a); and
23  (2) complete the course developed and offered under
24  subsection (a-5), or complete a training course
25  administered by the service provider in which the
26  applicant will be employed by, or under contract with,

 

 

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1  that covers safe driving practices with a first division
2  vehicle, special considerations for transporting students
3  with disabilities, emergency preparedness, and safe
4  pick-up and drop-off procedures.
5  (b) A school bus driver permit shall be valid for a period
6  specified by the Secretary of State as set forth by rule. It
7  shall be renewable upon compliance with subsection (a) of this
8  Section.
9  (c) A school bus driver permit shall contain the holder's
10  driver's license number, legal name, residence address, zip
11  code, and date of birth, a brief description of the holder, and
12  a space for signature. The Secretary of State may require a
13  suitable photograph of the holder.
14  (d) The employer shall be responsible for conducting a
15  pre-employment interview with prospective school bus driver
16  candidates, distributing school bus driver applications and
17  medical forms to be completed by the applicant, and submitting
18  the applicant's fingerprint cards to the Illinois State Police
19  that are required for the criminal background investigations.
20  The employer shall certify in writing to the Secretary of
21  State that all pre-employment conditions have been
22  successfully completed including the successful completion of
23  an Illinois specific criminal background investigation through
24  the Illinois State Police and the submission of necessary
25  fingerprints to the Federal Bureau of Investigation for
26  criminal history information available through the Federal

 

 

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1  Bureau of Investigation system. The applicant shall present
2  the certification to the Secretary of State at the time of
3  submitting the school bus driver permit application.
4  (e) Permits shall initially be provisional upon receiving
5  certification from the employer that all pre-employment
6  conditions have been successfully completed, and upon
7  successful completion of all training and examination
8  requirements for the classification of the vehicle to be
9  operated, the Secretary of State shall provisionally issue a
10  School Bus Driver Permit. The permit shall remain in a
11  provisional status pending the completion of the Federal
12  Bureau of Investigation's criminal background investigation
13  based upon fingerprinting specimens submitted to the Federal
14  Bureau of Investigation by the Illinois State Police. The
15  Federal Bureau of Investigation shall report the findings
16  directly to the Secretary of State. The Secretary of State
17  shall remove the bus driver permit from provisional status
18  upon the applicant's successful completion of the Federal
19  Bureau of Investigation's criminal background investigation.
20  (f) A school bus driver permit holder shall notify the
21  employer and the Secretary of State if he or she is issued an
22  order of court supervision for or convicted in another state
23  of an offense that would make him or her ineligible for a
24  permit under subsection (a) of this Section. The written
25  notification shall be made within 5 days of the entry of the
26  order of court supervision or conviction. Failure of the

 

 

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1  permit holder to provide the notification is punishable as a
2  petty offense for a first violation and a Class B misdemeanor
3  for a second or subsequent violation.
4  (g) Cancellation; suspension; notice and procedure.
5  (1) The Secretary of State shall cancel a school bus
6  driver permit of an applicant whose criminal background
7  investigation discloses that he or she is not in
8  compliance with the provisions of subsection (a) of this
9  Section.
10  (2) The Secretary of State shall cancel a school bus
11  driver permit when he or she receives notice that the
12  permit holder fails to comply with any provision of this
13  Section or any rule promulgated for the administration of
14  this Section.
15  (3) The Secretary of State shall cancel a school bus
16  driver permit if the permit holder's restricted commercial
17  or commercial driving privileges are withdrawn or
18  otherwise invalidated.
19  (4) The Secretary of State may not issue a school bus
20  driver permit for a period of 3 years to an applicant who
21  fails to obtain a negative result on a drug test as
22  required in item 6 of subsection (a) of this Section or
23  under federal law.
24  (5) The Secretary of State shall forthwith suspend a
25  school bus driver permit for a period of 3 years upon
26  receiving notice that the holder has failed to obtain a

 

 

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1  negative result on a drug test as required in item 6 of
2  subsection (a) of this Section or under federal law.
3  (6) The Secretary of State shall suspend a school bus
4  driver permit for a period of 3 years upon receiving
5  notice from the employer that the holder failed to perform
6  the inspection procedure set forth in subsection (a) or
7  (b) of Section 12-816 of this Code.
8  (7) The Secretary of State shall suspend a school bus
9  driver permit for a period of 3 years upon receiving
10  notice from the employer that the holder refused to submit
11  to an alcohol or drug test as required by Section 6-106.1c
12  or has submitted to a test required by that Section which
13  disclosed an alcohol concentration of more than 0.00 or
14  disclosed a positive result on a National Institute on
15  Drug Abuse five-drug panel, utilizing federal standards
16  set forth in 49 CFR 40.87.
17  The Secretary of State shall notify the State
18  Superintendent of Education and the permit holder's
19  prospective or current employer that the applicant has (1) has
20  failed a criminal background investigation or (2) is no longer
21  eligible for a school bus driver permit; and of the related
22  cancellation of the applicant's provisional school bus driver
23  permit. The cancellation shall remain in effect pending the
24  outcome of a hearing pursuant to Section 2-118 of this Code.
25  The scope of the hearing shall be limited to the issuance
26  criteria contained in subsection (a) of this Section. A

 

 

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1  petition requesting a hearing shall be submitted to the
2  Secretary of State and shall contain the reason the individual
3  feels he or she is entitled to a school bus driver permit. The
4  permit holder's employer shall notify in writing to the
5  Secretary of State that the employer has certified the removal
6  of the offending school bus driver from service prior to the
7  start of that school bus driver's next work shift workshift.
8  An employing school board that fails to remove the offending
9  school bus driver from service is subject to the penalties
10  defined in Section 3-14.23 of the School Code. A school bus
11  contractor who violates a provision of this Section is subject
12  to the penalties defined in Section 6-106.11.
13  All valid school bus driver permits issued under this
14  Section prior to January 1, 1995, shall remain effective until
15  their expiration date unless otherwise invalidated.
16  (h) When a school bus driver permit holder who is a service
17  member is called to active duty, the employer of the permit
18  holder shall notify the Secretary of State, within 30 days of
19  notification from the permit holder, that the permit holder
20  has been called to active duty. Upon notification pursuant to
21  this subsection, (i) the Secretary of State shall characterize
22  the permit as inactive until a permit holder renews the permit
23  as provided in subsection (i) of this Section, and (ii) if a
24  permit holder fails to comply with the requirements of this
25  Section while called to active duty, the Secretary of State
26  shall not characterize the permit as invalid.

 

 

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1  (i) A school bus driver permit holder who is a service
2  member returning from active duty must, within 90 days, renew
3  a permit characterized as inactive pursuant to subsection (h)
4  of this Section by complying with the renewal requirements of
5  subsection (b) of this Section.
6  (j) For purposes of subsections (h) and (i) of this
7  Section:
8  "Active duty" means active duty pursuant to an executive
9  order of the President of the United States, an act of the
10  Congress of the United States, or an order of the Governor.
11  "Service member" means a member of the Armed Services or
12  reserve forces of the United States or a member of the Illinois
13  National Guard.
14  (k) A private carrier employer of a school bus driver
15  permit holder, having satisfied the employer requirements of
16  this Section, shall be held to a standard of ordinary care for
17  intentional acts committed in the course of employment by the
18  bus driver permit holder. This subsection (k) shall in no way
19  limit the liability of the private carrier employer for
20  violation of any provision of this Section or for the
21  negligent hiring or retention of a school bus driver permit
22  holder.
23  (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
24  102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
25  1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; revised
26  12-14-22.)

 

 

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1  (625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
2  (Text of Section before amendment by P.A. 102-982)
3  Sec. 13-109. Safety test prior to application for license -
4  Subsequent tests - Repairs - Retest.
5  (a) Except as otherwise provided in Chapter 13, each
6  second division vehicle, first division vehicle including a
7  taxi which is used for a purpose that requires a school bus
8  driver permit, and medical transport vehicle, except those
9  vehicles other than school buses or medical transport vehicles
10  owned or operated by a municipal corporation or political
11  subdivision having a population of 1,000,000 or more
12  inhabitants which are subjected to safety tests imposed by
13  local ordinance or resolution, operated in whole or in part
14  over the highways of this State, motor vehicle used for driver
15  education training, and each vehicle designed to carry 15 or
16  fewer passengers operated by a contract carrier transporting
17  employees in the course of their employment on a highway of
18  this State, shall be subjected to the safety test provided for
19  in Chapter 13 of this Code. Tests shall be conducted at an
20  official testing station within 6 months prior to the
21  application for registration as provided for in this Code.
22  Subsequently each vehicle shall be subject to tests (i) at
23  least every 6 months, (ii) in the case of school buses and
24  first division vehicles including taxis which are used for a
25  purpose that requires a school bus driver permit, at least

 

 

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1  every 6 months or 10,000 miles, whichever occurs first, (iii)
2  in the case of driver education vehicles used by public high
3  schools, at least every 12 months for vehicles over 5 model
4  years of age or having an odometer reading of over 75,000
5  miles, whichever occurs first, or (iv) in the case of truck
6  tractors, semitrailers, and property-carrying vehicles
7  registered for a gross weight of more than 10,000 pounds but
8  less than 26,001 pounds, at least every 12 months, and
9  according to schedules established by rules and regulations
10  promulgated by the Department. Any component subject to
11  regular inspection which is damaged in a reportable accident
12  must be reinspected before the bus or first division vehicle
13  including a taxi which is used for a purpose that requires a
14  school bus driver permit is returned to service.
15  (b) The Department shall also conduct periodic
16  nonscheduled inspections of school buses, of buses registered
17  as charitable vehicles and of religious organization buses. If
18  such inspection reveals that a vehicle is not in substantial
19  compliance with the rules promulgated by the Department, the
20  Department shall remove the Certificate of Safety from the
21  vehicle, and shall place the vehicle out-of-service. A bright
22  orange, triangular decal shall be placed on an out-of-service
23  vehicle where the Certificate of Safety has been removed. The
24  vehicle must pass a safety test at an official testing station
25  before it is again placed in service.
26  (c) If the violation is not substantial a bright yellow,

 

 

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1  triangular sticker shall be placed next to the Certificate of
2  Safety at the time the nonscheduled inspection is made. The
3  Department shall reinspect the vehicle after 3 working days to
4  determine that the violation has been corrected and remove the
5  yellow, triangular decal. If the violation is not corrected
6  within 3 working days, the Department shall place the vehicle
7  out-of-service in accordance with procedures in subsection
8  (b).
9  (d) If a violation is not substantial and does not
10  directly affect the safe operation of the vehicle, the
11  Department shall issue a warning notice requiring correction
12  of the violation. Such correction shall be accomplished as
13  soon as practicable and a report of the correction shall be
14  made to the Department within 30 days in a manner established
15  by the Department. If the Department has not been advised that
16  the corrections have been made, and the violations still
17  exist, the Department shall place the vehicle out-of-service
18  in accordance with procedures in subsection (b).
19  (e) The Department is authorized to promulgate regulations
20  to implement its program of nonscheduled inspections. Causing
21  or allowing the operation of an out-of-service vehicle with
22  passengers or unauthorized removal of an out-of-service
23  sticker is a Class 3 felony. Causing or allowing the operation
24  of a vehicle with a 3-day sticker for longer than 3 days with
25  the sticker attached or the unauthorized removal of a 3-day
26  sticker is a Class C misdemeanor.

 

 

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1  (f) If a second division vehicle, first division vehicle
2  including a taxi which is used for a purpose that requires a
3  school bus driver permit, medical transport vehicle, or
4  vehicle operated by a contract carrier as provided in
5  subsection (a) of this Section is in safe mechanical
6  condition, as determined pursuant to Chapter 13, the operator
7  of the official testing station must at once issue to the
8  second division vehicle, first division vehicle including a
9  taxi which is used for a purpose that requires a school bus
10  driver permit, or medical transport vehicle a certificate of
11  safety, in the form and manner prescribed by the Department,
12  which shall be affixed to the vehicle by the certified safety
13  tester who performed the safety tests. The owner of the second
14  division vehicle, first division vehicle including a taxi
15  which is used for a purpose that requires a school bus driver
16  permit, or medical transport vehicle or the contract carrier
17  shall at all times display the Certificate of Safety on the
18  second division vehicle, first division vehicle including a
19  taxi which is used for a purpose that requires a school bus
20  driver permit, medical transport vehicle, or vehicle operated
21  by a contract carrier in the manner prescribed by the
22  Department.
23  (g) If a test shows that a second division vehicle, first
24  division vehicle including a taxi which is used for a purpose
25  that requires a school bus driver permit, medical transport
26  vehicle, or vehicle operated by a contract carrier is not in

 

 

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1  safe mechanical condition as provided in this Section, it
2  shall not be operated on the highways until it has been
3  repaired and submitted to a retest at an official testing
4  station. If the owner or contract carrier submits the vehicle
5  to a retest at a different official testing station from that
6  where it failed to pass the first test, he or she shall present
7  to the operator of the second station the report of the
8  original test, and shall notify the Department in writing,
9  giving the name and address of the original testing station
10  and the defects which prevented the issuance of a Certificate
11  of Safety, and the name and address of the second official
12  testing station making the retest.
13  (Source: P.A. 100-160, eff. 1-1-18; 100-683, eff. 1-1-19.)
14  (Text of Section after amendment by P.A. 102-982)
15  Sec. 13-109. Safety test prior to application for license;
16  subsequent tests; repairs; retest license - Subsequent tests -
17  Repairs - Retest.
18  (a) Except as otherwise provided in Chapter 13, each
19  second division vehicle, first division vehicle including a
20  taxi which is used for a purpose that requires a school bus
21  driver permit, and medical transport vehicle, except those
22  vehicles other than school buses or medical transport vehicles
23  owned or operated by a municipal corporation or political
24  subdivision having a population of 1,000,000 or more
25  inhabitants which are subjected to safety tests imposed by

 

 

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1  local ordinance or resolution, operated in whole or in part
2  over the highways of this State, motor vehicle used for driver
3  education training, and each vehicle designed to carry 15 or
4  fewer passengers operated by a contract carrier transporting
5  employees in the course of their employment on a highway of
6  this State, shall be subjected to the safety test provided for
7  in Chapter 13 of this Code. Tests shall be conducted at an
8  official testing station within 6 months prior to the
9  application for registration as provided for in this Code.
10  Subsequently each vehicle shall be subject to tests (i) at
11  least every 6 months, (i.5) in the case of first division
12  vehicles, including taxis that are used for a purpose that
13  requires a school bus driver permit, at least every 12 months,
14  (ii) in the case of school buses and first division vehicles
15  including taxis which are used for a purpose that requires a
16  school bus driver permit, at least every 6 months or 10,000
17  miles, whichever occurs first, (iii) in the case of driver
18  education vehicles used by public high schools, at least every
19  12 months for vehicles over 5 model years of age or having an
20  odometer reading of over 75,000 miles, whichever occurs first,
21  or (iv) in the case of truck tractors, semitrailers, and
22  property-carrying vehicles registered for a gross weight of
23  more than 10,000 pounds but less than 26,001 pounds, at least
24  every 12 months, and according to schedules established by
25  rules and regulations promulgated by the Department. Any
26  component subject to regular inspection which is damaged in a

 

 

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1  reportable crash must be reinspected before the bus or first
2  division vehicle including a taxi which is used for a purpose
3  that requires a school bus driver permit is returned to
4  service.
5  (b) The Department shall also conduct periodic
6  nonscheduled inspections of school buses, of buses registered
7  as charitable vehicles and of religious organization buses. If
8  such inspection reveals that a vehicle is not in substantial
9  compliance with the rules promulgated by the Department, the
10  Department shall remove the Certificate of Safety from the
11  vehicle, and shall place the vehicle out-of-service. A bright
12  orange, triangular decal shall be placed on an out-of-service
13  vehicle where the Certificate of Safety has been removed. The
14  vehicle must pass a safety test at an official testing station
15  before it is again placed in service.
16  (c) If the violation is not substantial a bright yellow,
17  triangular sticker shall be placed next to the Certificate of
18  Safety at the time the nonscheduled inspection is made. The
19  Department shall reinspect the vehicle after 3 working days to
20  determine that the violation has been corrected and remove the
21  yellow, triangular decal. If the violation is not corrected
22  within 3 working days, the Department shall place the vehicle
23  out-of-service in accordance with procedures in subsection
24  (b).
25  (d) If a violation is not substantial and does not
26  directly affect the safe operation of the vehicle, the

 

 

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1  Department shall issue a warning notice requiring correction
2  of the violation. Such correction shall be accomplished as
3  soon as practicable and a report of the correction shall be
4  made to the Department within 30 days in a manner established
5  by the Department. If the Department has not been advised that
6  the corrections have been made, and the violations still
7  exist, the Department shall place the vehicle out-of-service
8  in accordance with procedures in subsection (b).
9  (e) The Department is authorized to promulgate regulations
10  to implement its program of nonscheduled inspections. Causing
11  or allowing the operation of an out-of-service vehicle with
12  passengers or unauthorized removal of an out-of-service
13  sticker is a Class 3 felony. Causing or allowing the operation
14  of a vehicle with a 3-day sticker for longer than 3 days with
15  the sticker attached or the unauthorized removal of a 3-day
16  sticker is a Class C misdemeanor.
17  (f) If a second division vehicle, first division vehicle
18  including a taxi which is used for a purpose that requires a
19  school bus driver permit, medical transport vehicle, or
20  vehicle operated by a contract carrier as provided in
21  subsection (a) of this Section is in safe mechanical
22  condition, as determined pursuant to Chapter 13, the operator
23  of the official testing station must at once issue to the
24  second division vehicle, first division vehicle including a
25  taxi which is used for a purpose that requires a school bus
26  driver permit, or medical transport vehicle a certificate of

 

 

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1  safety, in the form and manner prescribed by the Department,
2  which shall be affixed to the vehicle by the certified safety
3  tester who performed the safety tests. The owner of the second
4  division vehicle, first division vehicle including a taxi
5  which is used for a purpose that requires a school bus driver
6  permit, or medical transport vehicle or the contract carrier
7  shall at all times display the Certificate of Safety on the
8  second division vehicle, first division vehicle including a
9  taxi which is used for a purpose that requires a school bus
10  driver permit, medical transport vehicle, or vehicle operated
11  by a contract carrier in the manner prescribed by the
12  Department.
13  (g) If a test shows that a second division vehicle, first
14  division vehicle including a taxi which is used for a purpose
15  that requires a school bus driver permit, medical transport
16  vehicle, or vehicle operated by a contract carrier is not in
17  safe mechanical condition as provided in this Section, it
18  shall not be operated on the highways until it has been
19  repaired and submitted to a retest at an official testing
20  station. If the owner or contract carrier submits the vehicle
21  to a retest at a different official testing station from that
22  where it failed to pass the first test, he or she shall present
23  to the operator of the second station the report of the
24  original test, and shall notify the Department in writing,
25  giving the name and address of the original testing station
26  and the defects which prevented the issuance of a Certificate

 

 

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1  of Safety, and the name and address of the second official
2  testing station making the retest.
3  (Source: P.A. 102-982, eff. 7-1-23.)
4  Section 95. No acceleration or delay. Where this Act makes
5  changes in a statute that is represented in this Act by text
6  that is not yet or no longer in effect (for example, a Section
7  represented by multiple versions), the use of that text does
8  not accelerate or delay the taking effect of (i) the changes
9  made by this Act or (ii) provisions derived from any other
10  Public Act.
11  Section 99. Effective date. This Act takes effect July 1,
12  2023.

 

 

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