AUTHORITY: Implementing Section 6-106.1 and authorized by Section 6-521 of the Illinois Vehicle Code [625 ILCS 5].
SOURCE: Adopted at 19 Ill. Reg. 10716, effective July 11, 1995; amended at 24 Ill. Reg. 1269, effective January 10, 2000; amended at 24 Ill. Reg. 12092, effective July 31, 2000; amended at 26 Ill. Reg. 12045, effective July 22, 2002; amended at 33 Ill. Reg. 17093, effective December 1, 2009; amended at 34 Ill. Reg. 7750, effective May 20, 2010; amended at 34 Ill. Reg. 19082, effective November 22, 2010; amended at 35 Ill. Reg. 7412, effective April 21, 2011; amended at 36 Ill. Reg. 2384, effective January 30, 2012; amended at 39 Ill. Reg. 5101, effective March 23, 2015; amended at 39 Ill. Reg. 11633, effective July 28, 2015; amended at 40 Ill. Reg. 9646, effective July 1, 2016; amended at 45 Ill. Reg. 750, effective December 28, 2020; emergency amendment at 45 Ill. Reg. 1222, effective January 6, 2021, for a maximum of 150 days; amended at 45 Ill. Reg. 6602, effective May 4, 2021.
Section 1035.10 Definitions
For purposes of this Part, the following definitions shall apply:
"Active Duty" 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 (IVC Section 6-106.1(j)).
"Adulterated Specimen" − a urine specimen that contains a substance not expected to be present in human urine, or contains a substance expected to be present, but is at a concentration so high that it is not consistent with human urine (see 49 CFR 40.3 (2014)).
"Cancellation" the cancellation of a school bus driver permit − the annulment or termination by formal action of the Secretary of State of a person's school bus driver permit because of some error or defect in the permit, because the permit holder is no longer entitled to the permit, refusal or neglect of the person to submit to an alcohol and drug evaluation or submit to or fail to successfully complete the examination, in accordance with IVC Sections 1-110, 6-106.1 and 6‑207.
"Cellular Radio Communication Device" a device capable of sending or receiving telephone communications without an access line for service and that requires the operator to dial a number manually. It does not include citizens band radios or citizens band radio hybrids.
"Chain of Custody" a procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (see 49 CFR 40 (October 1, 2014)).
"Chain of Custody Form" or "CCF" an employer copy of the Federal Drug Testing Custody and Control Form used to notify the employer that the applicant has taken a split specimen test and the results of that test.
"Collector" − a person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees and who initiates and completes the CCF.
"Conviction" an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law, by a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost, regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated pursuant to IVC Section 6-500(8).
"Curriculum-Related School Activity" − includes from home to school or from school to home, tripper or shuttle service between school attendance centers, transportation to vocational or career center or other trade-skill development site or regional safe school or other school-sponsored alternative learning program, or a trip that is directly related to the regular curriculum of a student for which he or she earns credit.
"Denial" to prohibit or disallow the privilege to obtain a school bus driver permit and/or the privilege to operate a school bus in accordance with IVC Section 6-106.1.
"Dilute Specimen" a urine specimen with creatinine and specific gravity values that are lower than expected for human urine pursuant to 49 CFR 40.3.
"Disqualification" a withdrawal of the privilege to drive a commercial motor vehicle [625 ILCS 5/1-115.3].
"Driver" every person who drives or is in actual physical control of a vehicle [625 ILCS 5/1-116].
"Employer" any public or private school district, individual, corporation, partnership or association who employs school bus drivers licensed pursuant to IVC Section 6-106.1.
"Employer Certification/Notification" a form prescribed by the Secretary of State and submitted by the employer that certifies an applicant has met all pre‑employment conditions and all conditions for reapplication, or that a driver who is no longer eligible for a school bus driver permit has been removed from service.
"Fingerprint Process" a method by which a person's fingerprints are taken for the purpose of certification of a criminal background investigation for a school bus driver permit and submitted to the Illinois Department of State Police and the Federal Bureau of Investigation (FBI).
"Hearing" a hearing conducted by the Secretary of State, pursuant to IVC Sections 2-118 and 6-106.1, upon written request of the driver or applicant.
"Home State" the States of Indiana, Michigan, Wisconsin, Iowa, Missouri and Kentucky, when they have issued a valid and properly classified driver's license.
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" 625 ILCS 5.
"Initial Training" an initial training class, including first aid procedures, in school bus safety administered by the Illinois State Board of Education through the Regional Office of Education and approved by the Secretary of State pursuant to IVC Section 6-106.1. Initial training will provide sufficient practical behind‑the-wheel instruction.
"Lapse" a period of time following the expiration of a driver's license or school bus driver permit in which the driver can renew or reapply without penalty.
"Medical Examination" − a physical examination by a medical examiner that includes tests for drug and alcohol use and the medical qualifications needed to drive a school bus.
"Medical Examiner" − a person who is a licensed physician, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that 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.
"Medical Examiner's Certificate" a form, developed by the Secretary of State, upon which a medical examiner records the results of a physical examination and certifies whether a person is qualified to apply for a school bus driver permit.
"Medical Review Officer" or "MRO" − a person who is a licensed physician and is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results (see 49 CFR 40.3 (October 1, 2014)).
"Military Order" − official military documents that indicate the date the school bus driver permit holder will be called to active duty and the expected date the permit holder will return from active duty.
"Miscellaneous Suspension" a safety and family financial responsibility suspension, unsatisfied judgment suspension, auto emissions suspensions, parking ticket suspension, failure to appear suspension, failure to pay toll suspension, nighttime driving restriction suspension, and all suspensions that are rescinded and are no longer in effect.
"Multifunction School Activity Bus" or "MFSAB" − a school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from school or school bus stops.
"Possession of a School Bus" the period of time from which a school bus driver takes possession until the school bus driver returns possession of the school bus, whether or not the school bus driver is operating the school bus.
"Pre-Employment Conditions" an applicant must have been interviewed by the prospective employer; completed a school bus driver permit application and prescribed medical report form; successfully passed a physical examination; successfully completed a fingerprint-based Illinois specific background check with fingerprints forwarded to the FBI for a national background check; and received the required initial training.
"Pre-Trip and/or Post-Trip Inspection" requires the school bus driver to test the cellular radio telecommunication device or two-way radio and ensure it is functioning properly before the bus is operated and before leaving the bus at the end of each route, work shift or work day, to walk to the rear of the bus, and to check the bus for children or other passengers in the bus.
"Provisional Status" the temporary privilege to operate a school bus pending completion of the FBI criminal background check.
"Random Testing" a drug and/or alcohol test having no specific time pattern.
"Refresher Course" a classroom course in school bus safety approved by the Secretary of State. Refresher training courses shall be a minimum of 2 hours in length, part of which must be first aid training, taught by an instructor certified by the Illinois State Board of Education under 23 Ill. Adm. Code 1.515.
"Repeatedly Convicted of Offenses against Laws and Ordinances Regulating the Movement of Traffic" a driver for whom an order has been entered to suspend or revoke a license or permit under IVC Section 6-206(a)(3).
"Repeatedly Involved as a Driver in Motor Vehicle Collisions" a driver for whom an order has been entered to suspend or revoke a license or permit under IVC Section 6-206(a)(3).
"Rescind Order" a removal by formal action of an order canceling, suspending or denying issuance of a school bus permit.
"Review of Driving Records" a review of the applicant's driving record maintained by the Secretary of State or documentation from another licensing jurisdiction, which has been certified within 30 days prior to the date of application, to insure that the requirements of IVC Sections 6-106(1), (2), (3), (9), (10), (11), (12), (13) and (14) have been met.
"School Bus" every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of the entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other education facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of not fewer than seven nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. [625 ILCS 5/1-182]
"School Bus Driver Active Duty Form" − the form submitted by an employer as notification of the date the school bus permit holder is placed on active military duty.
"School Bus Driver Inactive Status" − status of school bus permit while the school bus permit holder is on active military duty.
"School Bus Driver Permit" permit issued for a period of one year to school bus drivers by the Office of the Secretary of State pursuant to IVC Section 6-106.1.
"School Bus Driver Permit Application" the form or document prescribed by the Secretary of State upon which a request for a school bus driver permit is made.
"School Bus Driver Return From Active Duty Form" − the form submitted by employer as notification of the date the school bus driver permit holder returned from active duty.
"Secretary of State" the Secretary of State of Illinois [625 ILCS 5/1-184].
"Serious Traffic Violation" notwithstanding convictions that in and of themselves result in the immediate suspension or revocation of a driver's license and privilege, the following offenses or a similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, shall be considered a serious traffic violation:
A conviction, when operating a motor vehicle, for a violation of or relating to:
IVC Section 11-402(a) − a motor vehicle accident involving damage to a vehicle;
IVC Section 11-403 − failure to stop and exchange information after a motor vehicle collision, property damage only;
IVC Section 11-502(a) − illegal transportation, possession or carrying of alcoholic liquor within the passenger area of any vehicle;
IVC Section 6-101 − operating a motor vehicle without a valid license or permit;
IVC Section 11-403 − failure to stop and exchange information or give aid after a motor vehicle collision involving personal injury or death;
Excessive speeding − a single speeding charge of 15 miles per hour or more above the legal speed limit;
IVC Section 11-503 − Reckless driving;
IVC Section 11-707(d) − passing in a no-passing zone; or IVC Section 11-1414 − passing a stopped school bus;
IVC Section 11-1402(b) − limitations on backing upon a controlled access highway;
IVC Section 11-707(b) − driving on the left side of a roadway in a no-passing zone;
IVC Section 11-1002(e) − failure to yield the right-of-way to a pedestrian at an intersection;
IVC Section 11-1008 − failure to yield to a pedestrian on a sidewalk;
IVC Sections 11-1201 and 11-1202 − failure to stop for an approaching railroad train or signal;
Any State law or local ordinance relating to motor vehicle traffic control, other than parking violations, arising in connection with a fatal traffic accident;
IVC Section 6-501 − having multiple driver's licenses;
IVC Section 6-507(a) − the requirement to have a valid CDL;
Improper or erratic traffic lane changes;
Following another vehicle too closely;
IVC Section 6-104(d) − possession of a valid school bus permit;
IVC Section 11-605 − school speed zones;
Any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than parking violations, that the Secretary of State determines by administrative rule to be serious.
"Service Member" − a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard (IVC Section 6-106.1(j)).
"Specimen Bottle" − the bottle that, after being sealed and labeled according to the procedures in this Part, is used to hold the urine specimen during transportation to the laboratory (see 49 CFR 40.3 (October 1, 2014)).
"Split Specimen" − in drug testing, a part of the urine specimen sent to a first laboratory and retained unopened, and that is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result (see 49 CFR 40.3 (October 1, 2014)).
"State" a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada [625 ILCS 5/1-195].
"Substituted Specimen" − a specimen with creatinine and specific gravity values so diminished that they are not consistent with human urine.
"Suspension of Driver's License" the temporary withdrawal by formal action of the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary of State [625 ILCS 5/1-204].
"Suspension of School Bus Driver Permit" the temporary withdrawal, by formal action by the Secretary of State, of a person's permit that grants and specifies limited privileges to operate a school bus on the public highways, for a period specifically designated by the Secretary of State.
"Waiver" an exemption allowed under certain conditions rendering an ineligible applicant eligible.
(Source: Amended at 39 Ill. Reg. 11633, effective July 28, 2015)
Section 1035.15 Requirements of Applicants for a School Bus Driver Permit
In order for the Secretary of State to issue a school bus driver permit, all applicants must:
a) be 21 years of age or older;
b) possess a valid and properly classified driver's license issued by the Secretary of State or a valid license issued in the applicant's home state;
c) possess a valid driver's license that has not been revoked, suspended, canceled or disqualified for 3 years immediately prior to the date of application, and shall not have had his or her commercial motor vehicle driving privileges disqualified within the 3 years immediately prior to the date of application, except for miscellaneous suspensions, (see IVC Section 1-115.3). A lapse in the renewal of the driver's license of 30 days or less shall not render the applicant ineligible. The Secretary of State may, in his or her discretion, grant a waiver for a lapse in the renewal of the driver's license in excess of 30 days;
d) pass written examinations 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 examination is given;
e) demonstrate the ability to exercise reasonable care in the operation of a school bus in accordance with the requirements of 92 Ill. Adm. Code 1030.85;
f) be physically able to safely operate a school bus. An applicant for a school bus driver permit must demonstrate physical fitness to operate a school bus by undergoing a medical examination in accordance with Section 1035.20;
g) affirm under penalty of perjury that he or she has not made a false statement or knowingly concealed a material fact in any application for a permit;
h) complete initial training. After satisfactory completion of initial training, an annual refresher course will be required. Refresher courses and the agency or organization conducting those courses shall be approved by the Secretary of State. Failure to complete the annual refresher course shall result in cancellation of the permit until the course is completed;
i) not have been under an order of court supervision for or convicted of 2 or more serious traffic offenses, as defined by Section 1035.10, within one year prior to the date of application, that may endanger the life and safety of any of the driver's passengers within the duration of the permit period;
j) not have been under an order of court supervision for or convicted, within 3 years prior to the date of application, of reckless driving (see IVC Section 11-503), aggravated reckless driving, driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (see IVC Section 11-501) or reckless homicide (see Section 9-3 of the Criminal Code of 1961 [720 ILCS 5/9-3]) resulting from the operation of a motor vehicle;
k) consent, in writing, to the release of results of reasonable suspicion drug and alcohol testing under IVC Section 6-106.1c by the employer of the applicant to the Secretary of State;
l) not have been convicted of committing or attempting to commit any one or more of the offenses set forth in IVC Section 6-106.1(a)(11) or 6-106.1(a)(16);
m) 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 that 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 in accordance with 92 Ill. Adm. Code 1040.40;
n) not have, through the unlawful operation of a motor vehicle, caused an accident resulting in the death of any person;
o) not have, within the last 5 years, been adjudged to be afflicted with or suffering from any mental disability or disease.
(Source: Amended at 45 Ill. Reg. 750, effective December 28, 2020)