PART 1060 COMMERCIAL DRIVER TRAINING SCHOOLS : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1060 COMMERCIAL DRIVER TRAINING SCHOOLS


AUTHORITY: Implementing Article IV of the Illinois Vehicle Code [625 ILCS 5/Ch. 6] authorized by Section 2-104(b) and 6-109(a) of the Illinois Vehicle Code [625 ILCS 5].

SOURCE: Filed March 2, 1972; codified at 6 Ill. Reg. 12697; transferred from 23 Ill. Adm. Code 252.50 (State Board of Education) pursuant to Section 5-80(d) of the Illinois Administrative Procedure Act [5 ILCS 100/5-80(d)] and Section 6-411 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411] at 11 Ill. Reg. 1631, effective December 31, 1986; amended at 11 Ill. Reg. 17244, effective October 13, 1987; amended at 12 Ill. Reg. 13203, effective August 1, 1988; amended at 12 Ill. Reg. 19756, effective November 15, 1988; amended at 14 Ill. Reg. 8658, effective May 18, 1990; recodified at 17 Ill. Reg. 20006, effective November 3, 1993; amended at 18 Ill. Reg. 7788, effective May 9, 1994; amended at 20 Ill. Reg. 3861, effective February 14, 1996; amended at 22 Ill. Reg. 22069, effective December 2, 1998; emergency amendment at 24 Ill. Reg. 8403, effective June 2, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 15443, effective October 5, 2000; amended at 25 Ill. Reg. 6409, effective April 26, 2001; amended at 26 Ill. Reg. 15020, effective October 1, 2002; emergency amendment at 28 Ill. Reg. 398, effective December 22, 2003, for a maximum of 150 days; emergency expired May 19, 2004; amended at 28 Ill. Reg. 11925, effective July 26, 2004; amended at 30 Ill. Reg. 11377, effective June 14, 2006; amended at 31 Ill. Reg. 16008, effective November 16, 2007; amended at 33 Ill. Reg. 15811, effective October 27, 2009; amended at 34 Ill. Reg. 19099, effective November 22, 2010; amended at 37 Ill. Reg. 4295, effective March 20, 2013; amended at 37 Ill. Reg. 18893, effective November 5, 2013; amended at 38 Ill. Reg. 12566, effective July 1, 2014; amended at 42 Ill. Reg. 16056, effective August 3, 2018; amended at 43 Ill. Reg. 3857, effective March 8, 2019; emergency amendment at 44 Ill. Reg. 10021, effective May 21, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 11610, effective June 25, 2020, for the remainder of the 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 14365, effective August 20, 2020, for the remainder of the 150 days; amended at 44 Ill. Reg. 16828, effective October 5, 2020; emergency amendment at 44 Ill. Reg. 19567, effective December 1, 2020, for a maximum of 150 days; amended at 45 Ill. Reg. 769, effective December 23, 2020; amended at 45 Ill. Reg. 4535, effective March 26, 2021; emergency amendment at 45 Ill. Reg. 5466, effective April 9, 2021, for a maximum of 150 days; emergency expired September 5, 2021; amended at 45 Ill. Reg. 13421, effective October 5, 2021; amended at 46 Ill. Reg. 6670, effective April 11, 2022; amended at 47 Ill. Reg. 3506, effective February 27, 2023; amended at 47 Ill. Reg. 17541, effective November 7, 2023.

 

Section 1060.5  Definitions

 

For purposes of this Part, the following definitions shall apply:

 

"Administrator" − any individual who is employed by or acts on behalf of a high school who administers a State approved high school driver education program.

 

"Adult Driver Education Course" − a six hour classroom or online course of driver education for persons ages 18, 19 or 20 offered by an adult driver education course provider. 

 

"Adult Driver Education Course Provider" or "Provider" − an entity certified by the Secretary of State to provide an adult driver education course in a classroom setting, which also may be certified to offer an adult driver education course online.

 

"Branch Office" – an office of a commercial driver training school in a distinct location from the main office, but that conducts business under the name and as a part of the school as provided in IVC Article IV and that meets the requirements of Section 1060.50.

 

"Business Day" – any day that the Office of the Secretary of State Commercial Driver School Division is open, i.e., Monday through Saturday, excluding State holidays.

 

"Cancellation" – the without prejudice annulment or termination by formal action of the Secretary of a driver training school's license or a driver training school instructor's license because of some error or defect in the license or because the licensee is in some form of violation of any of the requirements in the Illinois Vehicle Code or Illinois Administrative Code.  The annulment or termination shall not be subject to renewal or restoration, except that an application for a new license shall be presented and acted upon by the Secretary after the licensee demonstrates compliance with the provisions of this Part for which the cancellation was issued.

 

"CDL Accreditation" – the accreditation of a commercial driver training school by the Department that allows the school to offer instruction to students who wish to obtain a CDL and/or endorsement.

 

"CDL Study Guide" – a study guide, compiled by the Secretary of State from information contained in the Illinois Vehicle Code and 49 CFR 383, that is designed to aid drivers in preparing for a CDL examination.

 

"Commercial Driver's License" or "CDL" − a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR 383 (2020; this incorporation includes no later amendments or editions), to an individual, which authorizes the individual to operate a certain class of commercial motor vehicle as defined in IVC Section 1-111.6.

 

"Commercial Driver Training School" – an entity licensed by the Secretary of State to engage in the business of giving instruction for a fee in the driving of motor vehicles or in the preparation of an applicant for examination given by the Secretary of State for a driver's license or permit.  This definition does not include school districts and regional offices of education that share the cost of providing entry-level driving training for current and prospective school bus driver applicants of the district, so long as no fee is charged to the school bus driver applicant.

 

"Commercial Driver Training Section" – a unit of the Department of Driver Services that oversees the licensing of commercial driving schools and the instructors in commercial driver training schools.

 

"Commercial Motor Vehicle" or "CMV" – a motor vehicle used in commerce, except those referred to in Section 6-500(6)(B) of the Illinois Vehicle Code, designed to transport passengers or property if:

 

the vehicle has a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or more or a lesser GVWR subsequently determined by federal regulations (49 CFR 383 (2020)); or

 

any combination of vehicles with a Gross Combination Weight Rating (GCWR) of 26,001 pounds or more, provided the GVWR of any vehicle or vehicles being towed is 10,001 pounds or more; or

 

the vehicle is designed to transport 16 or more persons; or

 

the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 CFR 172, subpart F (2020). [625 ILCS 5/6-500(6)]

 

"Defined Time Frame Course" – A teen accredited 30 hour classroom course that must be distributed regularly over a minimum period of 4 complete weeks and must have definite starting and completion dates.  Students may not be absent for more than 4 class sessions (8 clock hours) of the course.

 

"Department" – the Department of Driver Services within the Office of the Secretary of State.

 

"Endorsement" – an indication on the driver's license that the driver has qualified to operate certain types and/or combinations of vehicles, and/or carry specified cargo.

 

"Enhanced Instruction Report" – a report submitted on a form prescribed by the Department showing the name, address, and number of behind-the-wheel instruction periods taken for every student who has had 25 hours of behind-the-wheel instruction.

 

"Entry-level driver training" – the training an entry-level driver receives from an entity listed on the Federal Motor Carrier Safety Administration's Training Provider Registry (https://tpr.fmcsa.dot.gov/) prior to:  

 

taking the CDL skills test required to receive the Class A or Class B CDL for the first time;

 

taking the CDL skills test required to upgrade to a Class A or Class B CDL; or

 

taking the CDL skills test required to obtain a passenger or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time. [625 ILCS 5/6-500(15.2)]

 

"Fraud" – includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence.

 

"Gross Vehicle Weight Rating" or "GVWR" – the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle.  The GVWR of a combination of vehicles (commonly referred to as the "Gross Combination Weight Rating" or "GCWR") is the GVWR of the power unit plus the GVWR of the towed unit or units.  In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit. [625 ILCS 5/1-124.5]

 

"Hazardous Materials" – any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR 172 (2020) or any quantity of a material listed as a select agent or toxin in 42 CFR 73 (2020).

 

"Illinois Vehicle Code" or "Vehicle Code" or "IVC" − 625 ILCS 5.

 

"Instruction Record" – records kept by the instructor to reflect the number of hours a pupil in a commercial driver training school attends behind-the-wheel and classroom instruction as provided in IVC Section 6-418.

 

"Main Office" – the primary office of the commercial driver training school that is designed solely for conducting the business of the school as provided in Article IV of the Illinois Driver Licensing Law of the Illinois Vehicle Code.

 

"Misrepresentation" – a false statement of a substantive fact, or any conduct that leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

 

"Physical Facilities" – the building and items that constitute part of the building, including the telephone and the furniture.

 

"Questionnaires" − any and all written examinations and/or forms, including but not limited to the "Illinois Driver's License Written Examination Basic and Classification "D"" and "Identification of Signs, Shapes and Colors" forms.

 

"Restriction" – the notation on a driver's license or permit indicating requirements deemed applicable to the licensee by the Department to assure safe operation of a motor vehicle.

 

"Revocation" – the termination by formal action of the Secretary of a commercial driver training school's license or a commercial driver training school instructor's license.  The termination shall be subject to renewal or restoration identical to the provisions for revocation of a driver's license as provided in IVC Section 1-176.

 

"Sequential Module Course" – A teen accredited 30 hour classroom course that students must take in the proper sequential order indicated in the school's classroom content curriculum submitted to and approved by the Secretary of State.  The course must be completed within 9 months after the first classroom session attended.

 

"Sex and Drug Related Offenses" – offenses of criminal sexual assault [720 ILCS 5/12-13], aggravated criminal sexual assault [720 ILCS 5/12-14], criminal sexual abuse [720 ILCS 5/12-15], aggravated criminal sexual abuse [720 ILCS 5/12-16], juvenile pimping [720 ILCS 5/11-19.1], soliciting for a juvenile prostitute [720 ILCS 5/11-15.1], unauthorized manufacture or delivery of a controlled substance, including counterfeit drugs [720 ILCS 570/401], sale, delivery or exchange of instruments used for illegal drug use or abuse [720 ILCS 5/22-51], delivery of a controlled substance, including counterfeit and look alike substances [720 ILCS 570/407], manufacture or delivery of cannabis [720 ILCS 550/5], delivery of cannabis [720 ILCS 550/7], the production of the cannabis plant [720 ILCS 550/8], illegal possession in a motor vehicle of any controlled substance or any cannabis [625 ILCS 5/6-206(a)(28)], the criminal transmission of HIV [720 ILCS 5/12-16.2], exploitation of a child [720 ILCS 5/11-19.2], controlled substance trafficking [720 ILCS 570/401.17], cannabis trafficking [720 ILCS 550/5.1], delivery of cannabis on school grounds [720 ILCS 550/5.2], calculated criminal cannabis conspiracy [720 ILCS 550/9], calculated criminal drug conspiracy [720 ILCS 570/405], and criminal drug conspiracy [720 ILCS 570/405.1].

 

"Short Review Course" − a course offered by commercial driver training schools to pupils who have previously held or currently hold a valid driver's license and that does not meet the requirement of 6 hours of classroom instruction and 6 hours behind-the-wheel instruction.

 

"Surety Bond" – a written obligation whereby a person assumes liability for another person's debts or defaults of obligation.

 

"Suspension" – the procedures for temporary withdrawal of a commercial driver training school's license or commercial driver training school instructor's license identical to the provisions for the suspension of a driver's license as provided in IVC Section 1-204.

 

"Teen Accreditation" – the accreditation of a commercial driver training school by the Department that allows the school to offer instruction to pupils under age 18.

 

(Source:  Amended at 46 Ill. Reg. 6670, effective April 11, 2022)

 

Section 1060.10  Unlicensed Person May Not Operate Driver Training School

 

a)         No entity or individual that accepts payment in performing activities in driver training instruction or the preparation of an applicant for examination given by the Secretary of State for a driver's license or permit may operate unless licensed as a commercial driving school that is in compliance with Article IV of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6, Art. IV].

 

b)         Any entity or individual that is licensed as a commercial driving school must display its appropriate license in a visibly prominent place at their established place of business.

 

c)         No person or group licensed as a driver training school, or any agent, servant or employee of any driver training school, shall give driver training instruction unless licensed by the Department as a driver training instructor.

 

d)         No school shall operate before it is properly licensed to do business in the State of Illinois by the Secretary of State as provided in Section 6-401 of the Illinois Vehicle Code [625 ILCS 5/6-401].

 

e)         No school may remain in operation if its license to do business in Illinois is suspended, revoked, canceled or not renewed.

 

(Source:  Amended at 46 Ill. Reg. 6670, effective April 11, 2022)

 

Section 1060.20  Requirements for School Licenses

 

a)         The Secretary of State shall not issue, or shall deny, cancel, suspend or revoke, a driver training school license:

 

1)         Unless the applicant has at least one motor vehicle owned or leased in the name of the driver training school or school owner indicated on the license, and registered by the Secretary of State Vehicle Services Department, that has been safety-inspected and insurance-certified as required pursuant to IVC Section 6-402(d) for use by the school for driver training purposes and driving instruction.

 

2)         Unless the applicant has at least one person who is employed by or associated with the school and who is licensed or qualified to be licensed by the Department as a driver training instructor for that school.

 

3)         Unless the physical facilities meet the requirements of this Part.

 

4)         Unless the applicant is of good moral character as required pursuant to IVC Section 6-402(a).  In making a determination of good moral character, the Department is not limited to, but may consider, the following:

 

A)        Whether the applicant has been convicted of a felony or a misdemeanor.  The Department shall consider:

 

i)          The relationship of any crime of which the applicant has been convicted to the ability to operate a driver training school;

 

ii)         The length of time that has elapsed since the applicant's last criminal conviction;

 

iii)        Whether the applicant successfully completed any sentence imposed with the convictions;

 

iv)        Whether the applicant has multiple convictions for felony or misdemeanor offenses.

 

B)        If the person has been indicted, formally charged or otherwise charged with a felony or a misdemeanor, the license shall be either denied or cancelled.

 

i)          If the person whose commercial driver training school license has been denied or cancelled under this Part is adjudicated "guilty" by the court systems, the denial or cancellation previously entered on the person's record in accordance with Section 1060.190(b) shall stand.  This action does not preclude further suspension and/or revocation of the commercial driver training school license under another Section of this Part or the IVC.

 

ii)         If the person whose commercial driver training school license has been denied or cancelled under this Part is adjudicated "not guilty" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) shall be rescinded.  This action does not preclude further suspension and/or revocation of the commercial driver training school license under another Section of this Part or the IVC.

 

iii)        If the person whose commercial driver training school license has been denied or cancelled under this Part is granted a disposition of "court supervision" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) shall be rescinded.  This action does not preclude further suspension and/or revocation of the commercial driver training school license under another Section of this Part or the IVC.

 

5)         To any licensed school owner who, during the course of any and all interaction with students:

 

A)        engaged in activity that puts the student in danger; or

 

B)        engaged in reckless behavior; or

 

C)        failed to maintain a professional relationship with students at all times.

 

b)         Only one driver training school license shall be issued to any individual, group, association, partnership or corporation, and the Department shall deny the application of any driver training school if any of the applicants are unqualified, are already licensed, or have applied for another driver training school license.

 

c)         The applicant shall not be a current salaried or contractual employee of the Secretary of State, as mandated by the guidelines of the Secretary of State's Office policy manual that states that an employee shall not advocate or promote specific professional or commercial services to the public in matters under the jurisdiction of the Office of the Secretary of State.

 

d)         No accreditation program shall remain in operation if properly qualified personnel are not available or if other changes occur that would reduce its qualifications.  Exception:  in the event of fire, flood or other catastrophe, the school may temporarily continue to operate with facilities that are not up to standards only for the duration of the courses that have been started, if the Director of the Department consents.  A Secretary of State employee shall determine that no health or safety hazard exists in violation of any local ordinance or State or federal law or regulation before the Director of the Department shall give consent.  No new course can be started until facilities meet the minimum requirements for licensing.

 

e)         No driver training school shall operate in the State of Illinois unless it provides and files with the Department a continuous surety bond in the principal sum of $10,000 for a non-accredited school, $40,000 for a CDL or teen accredited school, $60,000 for a CDL accredited and teen accredited school, $50,000 for a CDL or teen accredited school with three or more licensed branches, $70,000 for a CDL accredited and teen accredited school with three or more licensed branches, underwritten by a company authorized to do business in the State of Illinois, for the protection of the contractual rights of students as provided in IVC Section 6-402(e).  All bonds filed pursuant to this provision shall be in substantially the following form:

 

Know All Persons by These Presents, That

We,

 

 

 

 

, of

 

 

,

 

hereinafter referred to as Principal and

 

, a

 

corporation organized and existing to do business in the State of Illinois, for the use and benefit of all persons who may be damaged by breach of this bond, as Obligees, in the penal sum of $10,000 for a non-accredited school, $40,000 for a CDL or teen accredited school, $60,000 for  a CDL accredited and teen accredited school, $50,000 for a CDL or teen accredited school with three or more licensed branches, $70,000 for a CDL accredited and teen accredited school with three or more licensed branches, lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents.  The condition of this obligation is such that the principal has made application for a license or permit to the State of Illinois for the purpose of exercising the vocation of a driver training school.  If the Principal faithfully complies with the Illinois Vehicle Code and all rules and regulations that have been or may hereafter be in force concerning the license or permit, and shall save and keep harmless the Obligees from all loss or damage that may be sustained as a result of the issuance of the license or permit to the Principal, this obligation shall be void; otherwise, this obligation shall remain in full force and effect.  The bond will expire but may be continued by renewal certificate signed by Principal and Surety.  The Surety may at any time terminate its liability by giving 30 days written notice to the Commercial Driver Training School Section of the Driver Services Department, 1800 W. Hawthorne Lane, West Chicago, Illinois 60185, and the Surety shall not be liable for any default after that 30-day notice period, except for defaults occurring prior thereto.

 

Signed, Sealed and Dated this

 

day of

 

, 20__.

 

Principal

 

 

Surety

 

 

By

 

 

 

Attorney-in-fact

 

f)         Upon receipt of a properly executed application for a driver training school license, or driver training instructor's license, the Department shall investigate the qualifications of the applicant, and authorized representatives shall inspect the school property and equipment to determine whether the application should be granted or denied.

 

g)         An owner or manager shall not engage in fraudulent activity as defined in Section 1060.5.

 

h)         An owner or employee of a commercial driver training school shall not have been declared to have engaged in fraudulent activity within the 5 years prior to making application.

 

i)          Licenses shall be issued by the Department.

 

j)          An owner shall not knowingly use unlicensed instructors for the purpose of classroom or behind the wheel instruction.

 

k)         An owner or applicant shall not be employed as an administrator and/or teacher of a State-approved high school driver education program.

 

l)          An owner of a commercial driver training school that provides motorcycle instruction shall not provide any person with an Illinois Department of Transportation Rider Education Course Completion Card.

 

m)        An individual whose commercial driver training school license has been denied, cancelled, suspended or revoked  pursuant to this Part may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.

 

(Source:  Amended at 46 Ill. Reg. 6670, effective April 11, 2022)

 

Section 1060.30  Driver Training Schools Names

 

a)         No driver training school shall adopt, use, or conduct any business under a name that is not distinguishable upon the records of the Department from a name used by another driver training school as defined in 14 Ill. Adm. Code 150.440.

 

b)         No licensed driver training school shall incorporate under its own or another name unless the name of the proposed corporation is submitted to the Department of Business Services of the Office of the Secretary of State for a final determination of the availability of the name along with the fee required by Section 15.10 of the Business Corporation Act of 1983 [805 ILCS 5/15.10].

 

c)         No licensed driver training school's name shall contain, separate and apart from any other word or abbreviation in such name, the word "corporation", "company", "incorporated", or limited", or an abbreviation of one of such words, unless so licensed by the Secretary of State.

 

d)         No driver training school shall change its name, the location of its established place of business or any of its branch facilities unless thirty (30) days prior written notice is given to the Department stating the change of name or location or both.  Upon receipt of the above notice, the Department shall, without an application fee, require the driver training school to complete an amended application for license in the form and manner as prescribed for original applicants.

 

(Source:  Amended at 18 Ill. Reg. 7788, effective May 9, 1994)

 

Section 1060.40  Refund of Application Fees

 

The Secretary of State shall not refund any application fee which has been submitted by any person with an application for a driver training school or driver training instructor's license.  This provision shall apply to all applicants regardless of whether a license has been issued or denied.

 

(Source:  Amended at 18 Ill. Reg. 7788, effective May 9, 1994)

 

Section 1060.50  School Locations and Facilities

 

a)         Each driver training school must comply with IVC Section 6-409.  In addition, the branch classroom shall be identified as such by a permanent sign which indicates the location of the main office and classroom and which is reasonably visible to the general public from outside the branch classroom.

 

b)         The established place of business of each driver training school shall comply with IVC Section 6-406 and, in addition:

 

1)         The main office and each branch office shall have a minimum of 150 square feet of office space;

 

2)         Each school facility must post, in a conspicuous place, on or near the permanent school sign, the days and regular hours, on file with the Secretary of State, when open.  A school shall not be deemed open for business unless at least one authorized representative of the school is present; and

 

3)         The main office and each branch office of the driver training school may be in the same building with another business, providing the other business being conducted is legal and that the business has its own entrance.

 

c)         The established place of business or branch office, branch classroom or advertised address of any driver training school shall comply with all restrictions contained in IVC Section 6-405(b).

 

d)         Each established main office and branch office facility must maintain a place of business which shall be open to the general public during posted hours on file with the Secretary of State, a minimum of 8 hours per week.  The 8 hours must be on Monday through Friday between the hours of 7 a.m. and 5 p.m.

 

e)         The classroom facility shall contain the following:

 

1)         Sufficient seating facilities and writing surfaces for students;

 

2)         Charts, diagrams, traffic control devices, or pictures relating to the operation of motor vehicles and traffic laws;

 

3)         Blackboards or other forms of illustrative devices which are visible from all seating areas;

 

4)         Textbooks, reference books and pamphlets relating to the proper operation of motor vehicles and traffic laws;

 

5)         Adequate fire extinguishers in operable condition as required pursuant to IVC Section 6-406(c).

 

f)         Each main classroom or branch classroom shall have:

 

1)         a minimum of 300 square feet of classroom space and the main classroom shall be within close proximity of the main office facility;

 

2)         installed a heating and ventilating system adequate to maintain a comfortable room temperature for the occupants;

 

3)         installed an adequate lighting system so as to provide sufficient lighting for the occupants.

 

g)         A driver training school that has an established place of business and a main classroom facility may operate a branch classroom, provided it meets all requirements of the main classroom.

 

1)         Upon receipt by the Department of a written request to open a branch classroom or branch office, an authorized representative of the Department shall inspect the branch office or branch classroom, and, if it complies with the provisions of IVC Section 6-406(e) and this Part, the Department shall issue the appropriate license, which must be displayed in a visibly prominent place in the branch facility.

 

2)         When a branch facility is to be closed, the driver training school shall return the branch facility's license to the Secretary of State in a timely manner.

 

(Source:  Amended at 42 Ill. Reg. 16056, effective August 3, 2018)

 

Section 1060.60  Driver Training School Student Instruction Record

 

a)         All driver training schools licensed by the Department shall maintain a permanent record of instruction given to each student in accordance with IVC Section 6-408.  If records of the driver training school are kept on a computer, a hard copy must be retained for inspection purposes.

 

b)         Each driver training school shall furnish the student a duplicate of his or her instruction record when the student completes all of the courses contracted for or otherwise ceases taking instruction at or with the school.

 

c)         The branch office must maintain a copy of the student's instruction record and any other student records required by the Department for a minimum period of 6 months before transferring the records to the Main Office, where they shall be kept on file in accordance with IVC Section 6-408.

 

d)         Road tests conducted at Secretary of State facilities and off-site commercial driving school testing sites are considered a part of instruction, and records of these tests shall be maintained by the driver training school.

 

e)         Failure to maintain the required student instruction records, and/or the maintenance of incomplete records, shall be prima facie evidence that the required instruction was not administered. 

 

(Source:  Amended at 37 Ill. Reg. 4295, effective March 20, 2013)

 

Section 1060.70  Driver Training School Course of Instruction

 

a)         A minimum of 6 hours of classroom instruction and 6 hours of behind-the-wheel instruction must be offered to each student who enrolls in any driver training school.  If a student declines the classroom instruction, the school shall secure a signed statement from the student on forms prescribed by the Department, wherein such student states that he has been offered the 6 hours of classroom instruction and declines the instruction.  The statements shall be kept with the student's instruction records.

 

b)         Classroom instruction shall be made available at least once each calendar month for students currently enrolled in the school and shall include instruction in safe driving practices in the operation of motor vehicles.

 

c)         The minimum of 6 hours of behind-the-wheel instruction shall consist of actual driving practice while in a motor vehicle.  Instruction given while the vehicle is parked shall not be recorded or be considered as classroom instruction.  Behind-the-wheel instruction must only be given in a motor vehicle owned or leased by the Driver Training School which has been safety inspected by the Illinois Department of Transportation and has insurance which has been certified by the Department. If a student declines the behind-the-wheel instruction, the school shall secure a signed statement from the student, on forms prescribed by the Department, wherein such student states he has been offered the 6 hours of behind-the-wheel instruction and declines the instruction.  The statements shall be kept with the student's instruction records.

 

d)         The minimum of 6 hours of classroom instruction shall be offered to all students enrolled for a regular course in any driver training school. Time spent by a student operating a driving simulator under the supervision of a licensed instructor may be counted as classroom instruction time, provided the student receives at least 4 hours of lectures or other instruction on safe driving practices.

 

e)         Students enrolled in a short review course need not comply with the minimum requirements stated above; however, no driver training school shall offer a short review course to any student who has never had a valid driver's license or a course in driver training and instruction which meets the minimum requirements prescribed above.

 

f)         Behind-the-wheel driving lessons, observation lessons, travel time, or any combination thereof, shall not exceed 3 hours in length for any student in any 24 hour period, excluding time spent at a Driver Services facility for testing purposes.  If more than one student is present in the training car (e.g., one student behind-the-wheel, one observing), the total combined time should not exceed 3 hours, excluding time spent at a Driver Services Facility for testing purposes. A driver training school providing training for a commercial driver's license is exempt from this requirement.

 

g)         Each driver training school must submit an "Enhanced Instruction Report" on a form prescribed by the Department showing the name, address, and number of behind-the-wheel instruction periods taken for every student who has had 25 hours of behind-the-wheel instruction.  A supplementary "Enhanced Instruction Report" must be submitted after each additional 10 hours of instruction and a final report must be submitted within 5 days after any such student completes his instruction.  A driver training school providing training for a commercial driver's license is exempt from this requirement.

 

h)         A student must possess a current or valid instruction permit or valid driver's license unless exempted as provided by law during each and every behind-the-wheel lesson.

 

i)          The commercial driver training school instructor shall be responsible for verifying that each student has a valid instruction permit during each and every behind-the-wheel lesson.

 

(Source:  Amended at 37 Ill. Reg. 4295, effective March 20, 2013)

 

Section 1060.71  Adult Driver Education Course Certification

 

a)         Certification of Provider – Any entity that desires to offer an adult driver education course in a classroom setting, as provided in Section 6-107.5 of the IVC,  must be licensed as a commercial driver training school and be certified as an adult driver education provider by the Secretary of State through the Department before instruction can be offered or advertised. Any entity that is licensed as a commercial driver training school and is accredited to provide teen instruction shall be certified to offer adult driver education. 

 

1)         Upon receipt of a Secretary of State application to provide adult driver education, the Secretary of State shall investigate the applicant and verify the information contained in the application.  A Secretary of State employee shall contact the applicant and make an appointment to inspect the applicant's proposed classroom facilities.  At the time of inspection, the Secretary of State employee shall verify that the applicant meets the standards for adult driver education course certification set forth in this Section, in addition to all other applicable Sections within this Part.  Upon request, these standards shall be furnished to the applicant by the Secretary of State before the visit.  If all qualifications and standards are met, the applicant shall be certified to offer the adult driver education course.  An applicant is exempt from the inspection requirement if, at the time of application to provide adult driver education, the applicant is licensed by the Secretary to provide the classroom portion of driver education under this Part.

 

2)         Certification is renewable upon the expiration date of the commercial driver training school license, provided all qualifications and standards are met and the commercial driver training school has been and is in compliance with this Part.

 

3)         Only qualified personnel who hold a valid commercial driver training school instructor license may teach the adult driver education course.

 

4)         Prior to certification, providers must submit a copy of their adult driver education course content to the Commercial Driver Training School Section for review and approval, including the questions and answers on the final examination. 

 

5)         Providers must utilize only the approved course content, which shall be enforced by the Secretary by unannounced inspections of the provider's classroom facilities.

 

6)         If a provider wishes to substantially change its course content, a copy of the proposed course content must be submitted to the Commercial Driver Training School Section for review and approval. 

 

7)         Providers must monitor the Illinois General Assembly and update their course content to include any new laws regarding the rules of the road or operation of motor vehicles. This update shall be submitted to the Commercial Driver Training School Section for review and approval within 60 days after the effective date of the law change. 

 

b)         Required Facilities – All adult driver education course providers, except those providers that offer adult driver education solely through an online course must provide classroom facilities prescribed in IVC Sections 6-406 and 6-407 and Section 1060.50 of this Part.

 

c)         Required Course of Instruction:

 

1)         Providers must provide 6 hours of classroom instruction in accordance with Section 1060.72. 

 

2)         Each student must complete the 6 hours of instruction within 30 days after commencement of the class. 

 

3)         Students must make up any class or portion of a class missed.

 

4)         No more than 90 minutes of instruction may consist of video instruction or animation. 

 

5)         Providers may use up to 60 minutes of simulators or other interactive modes of instruction.

 

6)         No course may exceed 30 students unless the size of the classroom exceeds 350 square feet, in which case a maximum of 35 students is allowed.

 

7)         At the commencement of instruction, the provider must give all students a copy of the current edition of the Illinois Rules of the Road. 

 

8)         Criteria for passing the course shall be provided to the student prior to the commencement of the course.

 

9)         Each student shall be informed, prior to the collection of any fees and the time instruction begins, of the amount of any and all fees or charges relative to the adult driver education course, including but not limited to enrollment, tuition, equipment, textbooks and instructional materials.

 

10)         Instruction shall take place at the dates, times and location designated by the school and agreed to by the student as specified on the Secretary of State enrollment form, unless the course is cancelled and the student is refunded any fees already paid, and each course shall have definitive start and completion dates.

 

11)         Students must complete a final examination at the end of the course, which shall consist of 20 questions, from a test bank of a minimum of 40 questions.  If the final exam is given by computer, the questions shall be randomized.  If the final exam is given by paper, the provider shall have multiple versions of the test, with questions and answers, if multiple choice, shuffled.  Students shall not be deemed to have passed the course unless they score a minimum of 75% on the final examination. If a student scores less than 75%, the student shall be re-tested, using different questions from the test bank, at no additional charge or fee to the student. The student is not required to repeat the course, but may be allowed to review the course materials prior to retaking the examination. If the student fails the comprehensive final examination 2 times, the student has failed the course.

 

d)         Records documenting attendance and evaluation of each student shall be maintained by the provider. The records shall also contain the dates and length of time of classroom instruction. Students shall be identified by full name (first, middle and last), address, date of birth, gender and email address.  Schools may not request the social security number of any student.  The records shall be maintained in the office of the main location of the provider for a period of 3 years. 

 

e)         Within 2 business days after successful completion of an adult driver education course, providers shall electronically transmit to the Secretary the student's full name (first, middle and last), address, date of birth, gender and email address, accompanied by the statutory fee of $5.

 

f)         Adult driver education course providers who are licensed as commercial driver training schools may also provide an online adult driver education course provided the school complies with the requirements of 92 Ill. Adm. Code 1066.

 

g)         The Secretary of State shall suspend, revoke, cancel or deny the adult driver education course certification of any provider that fails to comply with any provision of this Part.

 

(Source:  Added at 38 Ill. Reg. _____, effective 12566__________)

 

Section 1060.72  Adult Driver Education Classroom Instruction

 

a)         Course Objectives. The educational objectives of adult driver education shall include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens, reducing traffic violations, reducing traffic-related injuries, deaths and economic losses, and motivating continuing development of traffic related competencies through education, including, but not limited to, Illinois traffic law, risk management, driver attitudes, courtesy skills, and informing participants about the effects of alcohol and other drugs on driving ability.

 

b)         Course Content

At a minimum, course content must include:

 

1)         Familiarization with the process of obtaining an instruction permit and driver's license and the obligations and responsibilities that exist with holding a license;

 

2)         Instruction on traffic laws;

 

3)         Highway signs;

 

4)         Signals and markings that regulate, warn or direct traffic, including traffic signs and lane markings;

 

5)         Issues commonly associated with motor vehicle accidents, including poor decision making, risk taking, distractions, speed, failure to use a safety belt, driving at night, failure to yield the right-of-way, texting while driving and using wireless communication devices;

 

6)         How to respond to emergency vehicles;

 

7)         Turning, passing and yielding;

 

8)         Construction and school zones;

 

9)         Stopping distance;

 

10)         Blind spots;

 

11)         Strategy for driving using:

 

A)        Smith System;

 

B)        IPDE Process;

 

C)        Zone Control;

 

D)        Any other recognized process for identifying problems, predicting outcomes, deciding action and executing decisions;

 

12)         Right-of-way for pedestrians, emergency vehicles and school buses;

 

13)         Sharing the road with pedestrians, bicyclists, motorcyclists, trucks and recreational vehicles;

 

14)         Road hazards, including visibility, weather and traction;

 

15)         Mental conditions, including alertness, awareness and emotion;

 

16)         Alcohol and other drugs, including effects, responsibilities, driving under the influence, zero tolerance, and implied consent laws;

 

17)         Differences in urban and rural driving, including driving on highways and Interstate driving;

 

18)         Organ donor;

 

19)         Illinois Secretary of State emergency contact database; and

 

20)        Instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.

 

(Source:  Amended at 46 Ill. Reg. 6670, effective April 11, 2022)

 

Section 1060.80  Driver Training School Contracts

 

a)         All written contracts or agreements between any driver training school and any individual or group for the sale, purchase, barter or exchange of any driving instruction or any classroom instruction, or the preparation of an applicant for examination given by the Department for a driver's license, must contain the following:

 

1)         A statement indicating the agreed contract price per hour or lesson, and the terms of payment;

 

2)         A statement that the agreement constitutes the entire contract between the school and the student, and no verbal assurances or promises not contained in the agreement shall bind the school or the student;

 

3)         A statement concerning whether any additional charge is made for the use of the school vehicle in taking a driving test to obtain a driver's license;

 

4)         A statement indicating whether behind-the-wheel instruction is to be in private or on a group basis or both;

 

5)         A statement indicating the specific date and time when instruction is to begin, the hours of instruction and the location of the classroom;

 

6)         The name and address of the school and the student or entity, and the number and type of all licenses or permits to operate a motor vehicle held by the student;

 

7)         A statement indicating that all disputes under this Section shall be directed to the Secretary of State's Office; and

 

8)         A statement requiring all students attending a full CDL accredited or teenage accredited program to complete the entire course within 9 months from the date of the first classroom lesson.

 

b)         If a contract or agreement between a driver training school and an individual for the sale, purchase, or charge for any driving instruction, or the preparation of an applicant for examination given by the Department for a driver's license, is not in writing, the driver training school shall file with the Department a written statement under oath indicating that all of its oral contracts and agreements have complied, and will comply, with the foregoing requirements.  The statement shall be filed when an application is made for a license to operate a driver training school.  A new statement shall also be filed when the school requests the renewal of its license.

 

c)         The term "no refund" and a no refund policy concerning student payments is not permitted in any driver training school contract.  A driver training school may use the phrase:  "The school will not refund any tuition or part of tuition if the school is capable and willing to perform its part of the contract."

 

d)         No driver training school shall include any statement in any of its contracts or advertising to the effect that an Illinois driver's license is guaranteed or that free lessons will be given any student who fails to pass a driver's license test, except the following statements are permissible:

 

1)         "No additional charge will be made for instruction given to students of this school who fail to pass the driver's license test."

 

2)         "Students who fail to pass the test will be given further instruction at no additional charge."

 

e)         No driver training school may sell, transfer, assign, exchange, trade or otherwise dispose of any contract or part of a contract, agreement or obligation between any driver training school and any student, unless the driver training school has obtained the written consent of the student.

 

f)         If any driver training school fails to comply with the provisions of a contract or agreement by or between the driver training school or any of its students, the driver training school shall refund all monies deposited by the student as consideration for performance of the contract or agreement by the school, unless the student violates the provisions of the contract or agreement. No school is required to issue a refund to a student who has successfully completed the school's course and for whom a certificate of completion has been issued.

 

(Source:  Amended at 38 Ill. Reg. 12566, effective July 1, 2014)

 

Section 1060.82  Administration of Road Test

 

Teen accredited commercial driver training schools and instructors licensed by the Department may apply for certification to administer road tests to students who have successfully completed an approved driver education course, as defined in 92 Ill. Adm. Code 1030.1, at a high school, or commercial driver training school.

 

a)         School Qualifications

 

1)         Teen accredited commercial driver training schools must be licensed for a minimum of two years before applying for certification to administer road tests (see 92 Ill. Adm. Code 1030.88(b)(2)).

 

2)         Road test certifications must be renewed every two years before the current certification expires.  No road tests may be administered unless and until the certification is renewed.

 

3)         A commercial driver training school must have at least one road test-certified instructor to maintain its road test certification.

 

4)         In the event a commercial driver training school's road test certification is not renewed, or is revoked, suspended, or cancelled, all road test certifications of the school's instructors must be cancelled.

 

5)         A commercial driver training school may request that its road test certification or an instructor's road test certification be cancelled by notifying the Department in writing. 

 

6)         Commercial driver training schools must ensure that all its road test-certified instructors continue to meet the training and qualification standards required to conduct road tests under subsection (b) and 92 Ill. Adm. Code 1030.120. 

 

7)         Commercial driver training schools must ensure that each road test-certified instructor follows the Department's standards for administering the road test.

 

b)         Instructor Qualifications

 

1)         Instructors must have two years of experience in providing behind-the-wheel instruction to teens, either through a high school or a commercial driver training school, before applying for certification to administer road tests. 

 

2)         Applicants must complete a road tester training course administered by the Department.

 

3)         Applicants must successfully complete four shadow drives on each road test route that the applicant will be using, in which the applicant observes and scores the road test while another certified instructor or Department representative administers and scores the road test.  To be considered an acceptable shadow drive, the applicant's score sheet must be substantially similar to that of the certified instructor or Department representative.  Failure to note an immediate rejection on the part of the driver on the score sheet shall be deemed a failure of the shadow drive.  An immediate rejection is limited to involvement in an accident that the driver taking the road exam could have avoided or prevented, a dangerous action by the driver that endangers a person or property, commission of any violation for which the driver could be issued a traffic citation, and lack of cooperation or refusal to perform.

 

4)         Instructors must maintain a valid driver's license at all times.

 

5)         Instructors must renew their certification every two years. 

 

6)         Except as provided in this subsection (b)(6), the Department will not renew the road test certification of an instructor who has not administered a minimum of 25 road exams in each year of certification.  An instructor who does not meet this annual minimum requirement is prohibited from administering road tests until they have completed a refresher training course conducted by the Department.  The Department will suspend the certification of an instructor who does not complete refresher training within 30 days after each year of certification begins until the refresher training is completed.

 

c)         Instructor Login

 

1)         Instructors will be assigned a login to ilsos.gov to report the results of road tests electronically.  Instructors must create their own passwords and may use only their own logins and passwords to report results.

 

2)         Instructors may not allow any other person to use their logins or passwords.

 

d)         Road Test Routes

 

1)         Each commercial driver training school location, including branch offices, must have a minimum of two road test routes approved by the Department, which must include all the maneuvers on a road test administered by a Secretary of State employee.

 

2)         The road test route must begin from the physical commercial driver training school location.

 

3)         Commercial driver training schools must receive written approval from the Department for any changes to an approved road test route before administering a road test.

 

4)         Commercial driver training schools must maintain copies of approved road test routes at their school location.

 

5)         All approved routes must be used on an equal basis.

 

6)         Testing routes may not be used as a "pre-test" or behind-the-wheel practice for students.

 

7)         Any testing on a route not previously approved may result in suspension or revocation of the certification of the commercial driver training school and instructor to administer road tests.  Factors the Department will consider before suspending or revoking a certification on this basis include, but are not limited to, the number of tests given on unauthorized routes, whether the school or instructor has previously been warned on this issue, whether the school or instructor has committed prior violations of any provision of Section 1060.82, any prior suspensions or revocations for any violation of this Part, whether a crash had occurred during a road test on an unauthorized route, or whether the unauthorized route omitted any required provision of the road test.

 

e)         Road Test Procedures

 

1)         Prior to administering a road test, the instructor must ensure the applicant has a valid instruction permit on their person.

 

2)         No passengers or pets, excluding service animals, may be in the vehicle during a road test.  Occupants in a vehicle during a road test are limited to the applicant and the tester, with the following exceptions:

 

A)        A Department representative may be in the vehicle when an audit is being performed; and

 

B)        Another certified road test commercial driving instructor may be in the vehicle for training and evaluation if prior notification was provided to the Department.

 

3)         A road test administered by a commercial driver training school instructor must be scored in the same manner as a road test administered by a Secretary of State employee, using a Department provided score sheet.

 

4)         Score sheets must be signed and dated by the instructor administering the road test.  The score sheet shall also include the start and end time of the test.

 

5)         Upon completion of the road test, the instructor must immediately provide the results of the test in a location outside of the vehicle.  If the student's parent or guardian are present, the results must be provided in the presence of the parent or guardian.

 

6)         An instructor employed by a school at a branch office that has more than three road test certified instructors may not administer a road test to a student to whom the instructor has administered 3 or more hours of behind-the-wheel instruction. 

 

7)         A commercial driver training school may not conduct a road test for a student who has previously failed a road test administered by a high school or a certified commercial driver training instructor.  The student must take any subsequent road tests at a Secretary of State facility.

 

8)         A road test may not be scheduled before the completion of required behind-the-wheel training.

 

9)         A road test may not be administered on the same day the student completes the required behind-the-wheel training.

 

10)       A road test may not be administered to a student who does not present a photo ID to verify identity.

 

11)       A road test may not be administered either to a student who is a family member of an owner or employee of the commercial driver training school.  

 

12)       A road test may only be administered after sunrise or before sunset. 

 

13)       Upon completion of the road test, a receipt must be issued to the student that includes the student's name, instruction permit number, the date of the road test, and whether the student passed or failed the test.

 

14)       Instructors may not administer more than 20 road tests per day.

 

f)         Vehicles

 

1)         Road tests may be administered in a commercial driver training school vehicle that complies with Section 1060.110 or in a Class D vehicle which the student has permission to use for a road test.

 

2)         A vehicle other than one owned by the commercial driver training school must be:

 

A)        Properly registered and insured.  The registration card must be in the vehicle and match the vehicle identification number.  Proof of insurance may be provided by an insurance card or digitally.

 

B)        Inspected by the instructor in accordance with 92 Ill. Adm. Code 1030.84 prior to administering the road test.

 

g)         Reporting to the Department

 

1)         The commercial driver training school shall electronically transmit a schedule of road tests to and in a manner prescribed by the Department, including, but not limited to, dates, times, and locations of testing and no later than two business days prior to each test.

 

2)         The commercial driver training school shall electronically notify the Department of the result of every road exam administered by the commercial driver training school at or before 11:59 p.m. on the day the road test was administered, and shall include the student's name, instruction permit number, road test score sheet, and the date on which the road test was administered.

 

3)         A passed road test is valid until the expiration date of the student's instruction permit.

 

h)         Records

 

1)         Commercial driver training schools must maintain the following records for each road test administered:

 

A)        The name and instruction permit number of the student;

 

B)        Any fee charged in association with administering the road test;

 

C)        Verification that the student earned a grade of A or B in the classroom portion of an approved high school driver education course and successfully completed the behind-the-wheel portion at a commercial driver training school or successfully completed an approved driver education course at a commercial driver training school; and

 

D)        A copy of the student's road test score sheet.

 

2)         Records required to be retained by this Section shall be maintained for a minimum of three years after the date of the road test.

 

3)         After the retention period expires, records shall be shredded in a secure manner to ensure that no personally identifiable information is disclosed. 

 

i)          Retesting

The Department may retest any student prior to licensure if an audit indicates that the test was not properly administered or not administered at all.  The Department may randomly retest any student who completed a road test administered by a commercial driver training school. 

 

j)          Auditing

 

1)         The Department may make announced and unannounced audits of the commercial driver training school's testing records to ensure the provisions of this Section are being met.

 

2)         Commercial driver training schools must allow onsite inspections, examinations, and audits by a Department representative to:

 

A)        Review all required documentation, including score sheets;

 

B)        Observe and score live road testing of students by a certified instructor and compare pass/fail scores; and

 

C)        Take a road test as if the representative were a student.

 

3)         The commercial driver training school shall surrender all required documentation to the Department upon request.  The commercial driver training school may make and retain copies of the documentation surrendered to the Department.

 

4)         During audits, the commercial driver training school and instructors must cooperate with the Department, allow access to testing routes, and supply student names and testing records, results, and any other documents requested by the Department.  Failure to comply with this subsection may result in the suspension, revocation, or cancellation of the school and its instructors' certifications.  Factors the Department will consider before suspending or revoking a certification on this basis include, but are not limited to, whether the school or instructor has previously cooperated with audits, how many records were withheld, whether the school or instructor has previously been suspended or revoked, or whether the failure to cooperate impacted students' abilities to obtain a driver's license.

 

(Source:  Added at 47 Ill. Reg. 17541, effective November 7, 2023)

 

Section 1060.90  Inspection of School Facilities

 

a)         Each driver training school shall permit authorized representatives of the Office of the Secretary of State to make reasonable inspections of all of the school's facilities.  During such inspections each owner, partner, associates, corporate director, officer, manager or employee of any driver training school shall cooperate with the authorized representative and upon demand shall exhibit all records, instructional aids and other objects which are pertinent and necessary to the inspection or investigation.

 

b)         Representatives of the Office of the Secretary of State shall make periodic, on the street checks of any instructor who is giving behind-the-wheel instruction to a student.  Upon proper identification, the Secretary of State's representative may ask to see the student's driving permit or license and the instructor's license to teach driver training issued by the Secretary of State and any other identification to attest to the identity of the instructor or student.

 

(Source:  Amended at 18 Ill. Reg. 7788, effective May 9, 1994)

 

Section 1060.100  Licenses

 

a)         No individual, partnership, group, association or corporation may sell, assign, barter, or trade any driver training school license or driver training instructor license issued by the Secretary of State.  No license issued under the Illinois Vehicle Code to any person to operate a driver training school or to an instructor shall be transferable.

 

b)         When any licensed driver training school ceases to engage in the business of giving instruction for compensation in the driving of motor vehicles or the business of preparing an applicant for examination given by the Secretary of State for a drivers license or when, upon reasonable investigation, it appears that the school has ceased to do business, the owners, partners, associates, corporate directors, officers or managers of the driver training school shall surrender their driver training school license to the Secretary of State.

 

c)         Driver training school instructors must have their wallet instructor's license on their person during all classroom and behind the wheel instruction.

 

(Source:  Amended at 31 Ill. Reg. 16008, effective November 16, 2007)

 

Section 1060.110  Safety Inspection of Driver Training School Motor Vehicles

 

a)         All motor vehicles used by any driver training school or driver training instructor for driving instruction or driver training purposes shall be safety inspected by the Illinois Department of Transportation.  Evidence of such inspection must accompany the initial or renewal driver training school application.  Any new vehicle purchased after the issuance of a school license shall be so inspected for safety and such evidence of inspection must be delivered to the Department.

 

b)         Motor vehicles which have passed safety inspection shall be issued a safety inspection sticker, which identifies the year in which the sticker is valid.  The safety inspection stickers shall not be removed unless the term of validity has expired or the motor vehicle ceases to be used for driver training instruction or driver training purposes by the driver training school identified on the sticker.

 

c)         It shall be the responsibility of the driver training school to remove and destroy the safety inspection sticker when the term of its validity has expired or the motor vehicle ceases to be used by the driver training school for driver training instruction or driver training purposes.

 

d)         No motor vehicle shall be used for driver training unless:

 

1)         It is equipped with a dual braking device which will enable an accompanying instructor to bring the vehicle under control in case of an emergency as required pursuant to Section 6-410(b) of the Illinois Driver Licensing Law of the Illinois Vehicle Code. Commercial motor vehicles, motorcycles and motor driven cycles are exempt from this requirement;

 

2)         If equipped with a standard transmission, it is equipped with at least a dual clutch and braking device which will enable an accompanying instructor to bring the vehicle under control in case of an emergency. Commercial motor vehicles, motorcycles and motor driven cycles are exempt from this requirement;

 

3)         It is equipped with a driver and passenger sideview mirror as required pursuant to Section 6-410(b) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-410(b)];

 

4)         It is owned or leased in the name of a driver training school licensed by the Department or school owner indicated on the license, and registered by the Secretary of State's Vehicle Services Department pursuant to Statute and these rules or is leased by a driver training school and a lease agreement is submitted to the Department signed by the lessor and lessee.  The lease agreement shall contain the make, year, and vehicle identification number of the vehicle. It shall also contain the names and addresses of the lessor and lessee;

 

5)         It is in safe operating condition that includes, but is not limited to, operating and undamaged doors, mirrors, windshield, exhaust system, headlights, turn signals, seat belts, brakes and tires;

 

6)         It is listed in the driver training school license application or supplemental application or schedule on file with the Department;

 

7)         It is properly identified as a driver training motor vehicle by equipping the motor vehicle with a sign or signs visible from the front and the rear in letters no less than 2 inches tall, listing the full name of the driver training school that has registered and insured the motor vehicle pursuant to Section 6-410(c) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-410(c)];

 

8)         Current and valid registration on the vehicle used for driver training must be retained in the vehicle;

 

9)         It displays a current and valid safety inspection certificate sticker.

 

e)         The Department shall not issue an insurance certificate sticker until the school has provided to the Department a vehicle Fleet Schedule which lists the vehicle(s) used by the school and which is signed by an authorized representative of the Illinois Department of Transportation.

 

f)           The insurance certificate sticker shall be firmly attached to the lower right portion of the front windshield of the vehicle and shall not be removed until the term of validity has expired or the motor vehicle ceases to be used for driver training instruction or driver training purposes by the driver training school identified on the sticker.

 

(Source:  Amended at 26 Ill. Reg. 15020, effective October 1, 2002)

 

Section 1060.120  Requirements to Obtain and Retain a Driver Training Instructor's License

 

a)         The Secretary of State will not issue a driver training instructor's license to, or will deny, cancel, suspend, or revoke a driver training instructor's license of:

 

1)         Any person who:

 

A)        has not held a valid driver's license for any 2-year period preceding the date of application for an instructor's license; and

 

B)        intends to instruct in CDL classification A, B, C, L, or M classification, as defined in 92 Ill. Adm. Code 1030.30 and has not held that classification or higher for 2 consecutive years immediately prior to the date of application.

 

2)         Any person who has been convicted of 3 or more offenses against traffic regulations governing the movement of traffic within the 2-year period immediately preceding the date of application for an instructor's license;

 

3)         Any person who has had 2 or more convictions of a violation that caused an auto accident within the 2-year period immediately preceding the date of application for an instructor's license;

 

4)         Any person who has a single conviction within 10 years prior to the date of application or any person who has 2 or more convictions of the following offenses:

 

A)        driving under the influence of alcohol and/or other drugs, pursuant to IVC Section 11-501;

 

B)        leaving the scene of an accident involving death or personal injuries, pursuant to IVC Section 11-401;

 

C)        reckless homicide, pursuant to Section 9-3 of the Criminal Code of 2012 [720 ILCS 5];

 

D)        reckless driving, pursuant to IVC Section 11-503;

 

E)        any sex- or drug-related offense; or

 

F)         a similar provision of a local ordinance or a similar provision of the law of any other state or territory of the United States.

 

5)         Any person who has failed to pass the written test or highway safety sign test required by the Department for applicants for a driver training instructor's license;

 

6)         Any person who is physically unable to safely operate a motor vehicle or to safely train others in the operation of a motor vehicle as determined by a licensed physician pursuant to IVC Section 6-411(d).  An application/medical examination form provided by the Secretary of State shall be completed by the applicant and physician.  The physician's medical examination form shall contain the applicant's ability to safely operate a motor vehicle.  The form shall also contain an indication of the person's eyesight, hearing, mental alertness, reflexes, and whether the person has normal use of limbs and feet.  The physician must also provide an address and the date and place of the examination.  Those persons who are solely classroom instructors shall comply with subsection (c);

 

7)         Any person who fails to properly and fully complete an application for a license or is otherwise unqualified to receive a driver training instructor's license;

 

8)         Any person who is not employed or associated with a driver training school licensed by the Department as required pursuant to IVC Section 6-417;

 

9)         Any person who is currently a salaried or contractual employee of the Secretary of State, as mandated by the guidelines of the Secretary of State's Office policy manual that states that an employee shall not advocate or promote specific professional or commercial services to the public in matters under the jurisdiction of the Office of the Secretary of State;

 

10)         Any person who fails to supply a complete set of fingerprints to the Department as required pursuant to IVC Section 6-411(b);

 

11)         Any person who is not at least 21 years of age and a resident of the State of Illinois;

 

12)         Any person who is not of good moral character as required pursuant to IVC Section 6-411(a).  In making a determination of good moral character, the Department is not limited to, but may consider, the following:

 

A)        If the person has been convicted of a felony or misdemeanor, the Department will consider:

 

i)          The relationship of any crime of which the person has been convicted to the ability to act as a driver training school instructor;

 

ii)         The length of time that has elapsed since the applicant's last criminal conviction;

 

iii)        Whether the applicant successfully completed any sentence imposed with the convictions; and

 

iv)        Whether the applicant has multiple convictions for felony or misdemeanor offenses.

 

B)        If the person has been indicted or formally or otherwise charged with a felony or a misdemeanor, the license will be either denied or cancelled.

 

i)          If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is adjudicated "guilty" by the court systems, the denial or cancellation previously entered on the person's record in accordance with Section 1060.190(b) will stand.  This action does not preclude further suspension or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC.

 

ii)         If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is adjudicated "not guilty" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) will be rescinded.  This action does not preclude further suspension or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC.

 

iii)        If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is granted a disposition of "court supervision" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) will be rescinded.  This action does not preclude further suspension and/or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC;

 

13)         Any person whose suspension under IVC Section 11-501.1, 11-501.6, 11-501.8, 11-501.9 or a similar provision of a local ordinance, or a similar provision of the law of any other state or territory of the United States has terminated within 10 years prior to the date of application; or to any person with more than one of these suspensions;

 

14)         Any person who has not completed a 30-hour course or an equivalent college or university course approved by the Director of the Department or has not had previous teaching or training experience. Teaching and training experience shall include, but is not limited to, primary and secondary education teacher, Third Party Certification Program Safety Officer, or trainer or teacher at a private entity.

 

A)        Any person possessing a current and valid commercial driver training instructor's license, or who is renewing a commercial driver training license issued by the Secretary of State's Office, is exempt from this requirement.

 

B)        A driver training school whose instructor provides training to individuals under the age of 18 years is exempt from this requirement and must complete the mandatory 48-hour course as required in Section 1060.180;

 

15)         A CDL accredited instructor who is currently licensed as a CDL Third Party Certification Program Safety Officer;

 

16)         Any instructor or applicant who is an administrator or teacher of a State-approved high school driver education program;

 

17)         Any currently licensed instructor who has been convicted of violating IVC Section 11-507 or to an applicant who has been convicted of violating IVC Section 11-507 within 10 years prior to the date of application.

 

b)         No driver training instructor shall provide behind-the-wheel instruction in a vehicle that is classified higher than the classification of the instructor's driver's license.  An instructor may hold two classifications: one classification from Classes A, B, C and D, and one classification from Classes L and M, as defined in 92 Ill. Adm. Code 1030.30.  An instructor holding a Class A commercial driver's license may teach students to drive all Class A, B, C and D vehicles.  An instructor holding a Class B commercial driver's license may teach students to drive all Class B, C and D vehicles.  An instructor holding a Class C commercial driver's license may teach students to drive all Class C and D vehicles.  However, an instructor holding a non-commercial driver's license may only teach students who do not require a commercial driver's license.  An instructor holding a Class M license may teach students to drive all Class L and M vehicles.

 

c)         Any person who is physically unable to safely operate a motor vehicle but meets all other requirements to be a driver training instructor may teach only the classroom portion of the driver training course upon receipt of a doctor's statement indicating the person is physically able to teach in the classroom.  The person must also pass the written test, as provided in 92 Ill. Adm. Code 1030.80, and the highway safety sign test, and submit all applicable fees as set out in IVC Section 6-411 before being issued an instructor's license for classroom instruction only.

 

d)         All instructors who are no longer employed or associated with the designated school on their license must submit a new complete instructor's license application and application fee before being licensed to instruct at another school or in the same school after having left employment.

 

e)         If a driver training instructor license is not renewed within one year after the previous year's expiration date, the applicant shall be required to take examinations pursuant to Section 1060.130.

 

f)         An instructor shall not engage in fraudulent activity as defined in Section 1060.5.

 

g)         During any and all interactions with students, an instructor:

 

1)         must not engage in activity that puts the student in danger;

 

2)         must not engage in reckless behavior; and

 

3)         must maintain a professional relationship with students at all times.

 

h)         An individual whose commercial driver training school instructor license has been cancelled pursuant to this Part may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.

 

i)          An instructor of a commercial driver training school that provides motorcycle instruction may not provide any person with an Illinois Department of Transportation Rider Education Course Completion Card.

 

(Source:  Amended at 47 Ill. Reg. 3506, effective February 27, 2023)

 

Section 1060.130  Examination for Driver Training Instructor

 

a)         Each individual desiring to be licensed as a driver training instructor for a specific driver training school must pass a written test and highway safety sign test which will be offered by the Department at periodic intervals.

 

1)         The written test shall consist of questions dealing with:

 

A)        Chapter 625 of the Illinois Compiled Statutes;

 

B)        Safe Driving Practices;

 

C)        Operation of Motor Vehicles;

 

D)        Teaching Methods; and

 

E)        Commercial Driver Training Schools (92 Ill. Adm. Code 1060).

 

2)         In order to pass the written test, which consists of 100 true/false and multiple-choice questions, an individual shall answer at least 85 of the questions correctly.

 

3)         The Department shall not issue a driver training instructor's license to any person who is physically unable to safely operate a motor vehicle or to safety instruct or train others in the operation of a motor vehicle as determined by a licensed physician pursuant to Section 6-411(d) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5].  The physician's medical report shall contain medical information which relates to the driver's medical ability to safely operate a motor vehicle.  The form shall also contain an indication of the person's eyesight, hearing, mental alertness, reflexes, and whether the person has normal use of limbs and feet.  The physician must also provide an address and the date and place of the examination. Those persons who are solely classroom instructors shall comply with Section 1060.120(d).

 

4)         The individual shall not miss any questions on the highway safety sign test in order to pass the test.

 

5)         Commercial driver accredited instructor applicants must take an additional written test, which consists of 25 multiple-choice and true/false questions, with a pass rate of 21.

 

b)         Each applicant will be given a maximum of 3 opportunities in any 12 month period to pass the driver training instructor's examination.  Individuals who have failed their third examination must wait at least 1 year from the date of the third failure before making a new application.

 

(Source:  Amended at 46 Ill. Reg. 6670, effective April 11, 2022)

 

Section 1060.140  Temporary Permit

 

Pending the satisfaction of the Secretary of State that the applicant has met the requirements under these Rules, the Secretary of State may issue a temporary permit to any person applying for an instructor's license. Such temporary permit shall permit the giving of instruction for a period of not more than 180 days while the Secretary of State is completing its investigation and determination of all facts relative to the qualifications of the applicant for the license.  The Secretary of State may cancel such temporary permit when he has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error.  Such temporary permit shall be invalid when cancelled or when the applicant's license has been issued or denied.

 

(Source:  Amended at 20 Ill. Reg. 3861, effective February 14, 1996)

 

Section 1060.150  Driver Training School Responsibility for Employees

 

a)         No driver training school shall employ or otherwise retain any individual to give classroom instruction or behind-the-wheel instruction unless the individual has a valid, current driver training instructor's license for that school issued by the Secretary of State and meets the qualifications provided in Section 1060.120 of this Part.

 

b)         Qualified and recognized experts in the fields of driver training, traffic regulation, or motor vehicle operation or maintenance may give occasional classroom lectures without having a valid current driver training instructor's license, provided the driver training school that secures the services of any such expert notifies the Office of the Secretary of State, Driver Training School Section, in advance, indicating the name, address and qualifications of the expert and the proposed lecture dates.

 

c)         Any individual employed by, or associated with, any driver training school, and all acts performed by an instructor, shall be presumed acts within the scope of employment unless the school can provide competent evidence to the contrary.

 

d)         If a licensed instructor is temporarily suspended, laid off or discharged by a driver training school, the school shall immediately notify the Secretary of State, on forms furnished by the Secretary of State, listing the name, address and license number of the instructor, termination date, and the reason for the termination.   In all cases where an employee ceased working for the commercial driving school, whether it be a temporary lay-off or any other termination of his/her association with the school, the instructor must surrender his/her license to the Secretary of State.

 

(Source:  Amended at 30 Ill. Reg. 11377, effective June 14, 2006)

 

Section 1060.160  Solicitation of Students and Pupils for Commercial Driver Training Instruction

 

a)         A driver training school owner and/or instructor may not solicit or advertise for business within 1500 feet of any building used as an office by the Secretary of State having to do with the administration of any laws relating to motor vehicles.

 

b)         A driver training school owner and/or instructor may only advertise the use of training locations that are currently licensed.

 

c)         A driver training school owner and/or instructor may not advertise that the school and/or instructor offers CDL and/or teen-accredited instruction unless the school and/or instructor are currently CDL and/or teen accredited.

 

(Source:  Amended at 37 Ill. Reg. 4295, effective March 20, 2013)

 

Section 1060.170  Hearings

 

a)         Prior to the denial of a license or accreditation of a commercial driver training school or commercial driver training school instructor, the Department shall send written notice to such school or person.   If a formal hearing is requested in writing during the notice period, in accordance with 92 Ill. Adm. Code 1001.Subpart A and Section 2-118 of the Illinois Vehicle Code [625 ILCS 5/2-118] the denial shall stand pending the outcome of such hearing. The basis for denial of a license is stated in Section 6-420 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-420].

 

b)         Prior to the suspension or revocation of the license or accreditation of a commercial driver training school or commercial driver training school instructor, the Department will conduct a hearing in accordance with 92 Ill. Adm. Code 1001.Subpart A and Section 2-118 of the Illinois Vehicle Code [625 ILCS 5/2-118], wherein the Department will present competent evidence to establish violations of any regulations or laws governing commercial driver training schools and/or instructors and seek the appropriate sanctions in accordance with Section 1060.190 of this Part.

 

(Source:  Amended at 20 Ill. Reg. 3861, effective February 14, 1996)

 

Section 1060.180  Teen Accreditation

 

a)         Accreditation of the School – Each commercial driver training school that desires to offer driver training instruction to persons under the age of 18 must be accredited by the Secretary of State through the Department of Driver Services before instruction can be provided, offered or advertised.

 

1)         Upon receipt of proper application for teen accreditation, the Secretary of State will investigate the school and verify the application.  A Secretary of State employee will contact the school and make an appointment to visit the school's facilities.  The Secretary of State employee will verify that the school satisfies the requirements set forth for commercial driving schools in IVC Sections 6-401 through 6-418.  In addition, the school must satisfy the requirements for commercial driver school teen accreditation set forth in subsections (b) through (e), Section 1060.181, and all other applicable provisions of the IVC and Illinois Administrative Code. Upon request, these requirements will be furnished to the school by the Secretary of State.  If the school meets all of the qualifications, requirements, and standards in this Section, it will be accredited to offer instruction to students under the age of 18.

 

2)         The accreditation of each school is renewable upon the expiration date of the school license, provided the school meets all of the qualifications, requirements and standards and is in compliance with this Part.

 

3)         Only qualified instructors under subsection (c) may provide instruction to persons under the age of 18.  However, in an emergency situation in which the only available instructor terminates employment or takes a leave of absence while a course remains incomplete, other licensed instructors employed by the school may complete the course.  In all of those cases, the Department must approve the substitution before further instruction takes place.  Approval will not be given until the Department has verified the roster of instructors at the school and determined that no other qualified instructor is employed by the school.  No new courses may be started before properly qualified instructors are available.

 

4)         A teen accredited driving school must submit a permit cancellation request to the Secretary of State for any student under the age of 18 with an instruction permit who withdraws from, or fails to complete, the teen accredited driver education program.

 

b)         Required Facilities – All teen accredited driver training schools must provide all classroom facilities, vehicles, and equipment as prescribed by IVC Ch. 6, Art. IV (Commercial Driver Training Schools) and this Part.  The teaching facilities must provide adequate, comfortable seating for students. Lighting must be adequate and the maintenance (housekeeping) of the room orderly.  

 

c)         Instructor Qualifications

 

1)         Classroom Instructor Qualifications – Each teen accredited driver training school must employ at least one classroom instructor licensed by the Secretary of State to teach the classroom portion of driver education to persons under the age of 18.

 

A)        A classroom driver training instructor teaching the teen accredited program must comply with Sections 1060.120 and 1060.130.

 

B)        The instructor must satisfy one of the following requirements:

 

i)          Hold a valid professional educator license issued by the Illinois State Board of Education that is endorsed for safety and driver education pursuant to 23 Ill. Adm. Code 25.100 (Teaching Endorsements on the Professional Educator License);

 

ii)         Hold a baccalaureate degree, have one year of teaching experience in primary, secondary or higher education, and complete a 48-hour course approved by the Director of the Department;

 

iii)        Complete the 48-hour course or an equivalent college or university course (a course, at least 48 hours in length, designed to provide individuals with the knowledge, methods, and procedures specific to conducting driver education instructional courses, that has been approved by the Director of the Department) and provide written documentation verifying 2 months of experience teaching the behind-the-wheel segment of driver education to persons age 18 or older; or

 

iv)        Hold a valid professional educator license and complete a 48-hour behind-the-wheel and classroom course approved by the Director of the Department.

 

2)         Behind-the-Wheel Instructor Qualifications – Each teen accredited driver training school must employ at least one behind-the-wheel instructor licensed by the Secretary of State to teach the behind-the-wheel portion of driver education to persons under the age of 18.

 

A)        A driver training instructor teaching the teen accredited behind-the-wheel program must comply with Sections 1060.120 and 1060.130.

 

B)        The instructor must satisfy one of the following requirements:

 

i)          Hold a valid professional educator license issued by the Illinois State Board of Education that is endorsed for safety and driver education pursuant to 23 Ill. Adm. Code 25.100 (Teaching Endorsements on the Professional Educator License);

 

ii)         Hold a baccalaureate degree and have 2 months of experience in teaching the behind-the-wheel segment of driver education to persons age 18 and older;

 

iii)        Have 7 years of uninterrupted teaching experience in a commercial driver training school;

 

iv)        Be licensed by the Secretary of State, complete the 48-hour course (48-Hour Course – a course, at least 48-hours in length, designed to provide individuals with the knowledge, methods and procedures specific to conducting driver education instructional courses that has been approved by the Department Director) or an equivalent college or university course approved by the Director of the Department, and provide written documentation verifying 2 months of experience teaching the behind-the-wheel portion of driver education to persons age 18 and older; or

 

v)         Hold a valid State teaching certificate and complete a 48-hour course approved by the Director of Driver Services.

 

3)         Classroom and/or behind-the-wheel instructors must not be assigned more than 12 clock hours of instructional work daily.  No teen instruction, either classroom or behind-the-wheel, may take place between the hours of 10:00 p.m. and 6:00 a.m.

 

d)         Student Qualifications

 

1)         A driver training school or driver training instructor licensed by the Secretary of State must comply with all of the requirements of IVC Section 6-408.5 prior to requesting a certificate of completion from the Secretary of State.

 

2)         A superintendent or chief school administrator may waive the requirements contained within IVC Section 6-408.5 if that is in the best interests of the student or dropout.

 

3)         Before a driver training school or driver training school instructor requests a certificate of completion for a student, it must verify that the student is enrolled in school and has received a passing grade in at least 8 courses during the 2 previous semesters.  Verification of a student's eligibility to obtain a certificate of completion from the Secretary of State must be by one of the following methods:

 

A)        obtain written documentation on a form prepared or approved by the Secretary of State stating the student has received a passing grade in at least 8 courses during the previous 2 semesters;

 

B)        obtain a written waiver from a superintendent or school administrator on a form prepared or approved by the Secretary of State;

 

C)        obtain written verification on a form prepared or approved by the Secretary of State stating the student is enrolled in a home school; or

 

D)        obtain copies of the student's report card or transcript for the previous 2 semesters indicating a passing grade in at least 8 courses during the previous 2 semesters.

 

4)         To verify eligibility for any person who has dropped out of school and has not yet attained the age of 18 years, a driver training school or instructor must obtain one of the following:

 

A)        written documentation verifying the dropout's enrollment in a high school equivalency testing or alternative education program;

 

B)        a copy of the student’s State of Illinois High School Diploma;

 

C)        written verification that the student, prior to dropping out, had received a passing grade in at least 8 courses during the 2 previous semesters last ending prior to requesting a certificate of completion; or

 

D)        written consent on a form prepared or approved by the Secretary of State from the dropout's parents or guardian and the regional superintendent.  [625 ILCS 5/6-408.5(b)]

 

5)         At the time of registration, students enrolling in a driver training school must be informed in writing of the eligibility requirements of IVC Section 6-408.5.  That disclosure must be documented in the student's file.

 

6)         The driver training school or driver training school instructor must maintain a copy of, and make available for inspection, all written documentation required by this Section.

 

7)         The driver training school may not enroll any students who will not be at least 15 years of age before the end of the classroom portion of the course.

 

e)         Records

 

1)         Records must be maintained by the driver training schools documenting daily attendance, lesson time, and detailed descriptions of each lesson provided for each student, which must include each topic that was taught during the lesson, as well as any videos, DVDs, or other materials used during the lesson.  The beginning and ending dates of classroom and behind-the-wheel instruction must also be recorded.  Students must be identified by name and address.  The records must be kept on file in the office of the driver training school for 3 years.

 

2)         The teen accredited driving school must submit, in a manner prescribed by the Secretary of State, the names of those students who have satisfactorily completed the driver education course.

 

(Source:  Amended at 47 Ill. Reg. 3506, effective February 27, 2023)

 

Section 1060.181  Teen Accreditation Classroom and Behind-the-Wheel Requirements

 

a)         Course Objectives.  The educational objectives of driver education shall include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens, reducing traffic violations, reducing traffic-related injuries, deaths and economic losses, and motivating continuing development of traffic related competencies through education, including, but not limited to, Illinois traffic law, risk management, driver attitudes, courtesy skills, evasive driving techniques and informing participants about the effects of alcohol and other drugs on driving ability. 

 

b)         Classroom Instruction – For Persons under the Age of 18

 

1)         General Provisions 

 

A)        Classroom instruction shall consist of a minimum of 30 hours of instruction.

 

B)        Classroom courses are limited to two hours per day, per student.

 

C)        No more than one classroom course may be taught during the same time period in the same classroom.  The number of students in each classroom session shall not exceed 30 students, except if the size of the classroom exceeds 350 square feet, a maximum of 35 students shall be allowed.

 

D)        Each student shall be informed prior to the time instruction begins of any fees or charges made for enrollments or registration, tuition, use of equipment, text and reference materials, supplies, and any service, equipment or materials provided by the commercial driving school.

 

E)        Each student shall be enrolled in either a Defined Time Frame Course or a Sequential Course.

 

2)         Defined Time Frame Course

 

A)        A listing of all students enrolled in each Defined Time Frame Course, including the times and dates the class will meet, shall be submitted, in a manner prescribed by the Secretary of State, to the Commercial Driver Training School Section, within 3 days after the third day of classroom instruction. A certificate of completion shall not be issued to any student whose name has not been submitted.

 

B)        Each Defined Time Frame Course must be distributed regularly over a minimum period of four complete weeks and must have definite starting and completion dates. Late registrations shall not be accepted beyond the third day of the course, at which time the course must be closed to further enrollments.

 

C)        No Defined Time Frame Course enrollment shall exceed 30 students, except that, if the size of the classroom exceeds 350 square feet, a maximum of 35 students shall be allowed.

 

D)        Late registrants and absentees shall be given make-up instruction and assignments. No school shall permit a student to be absent from more than 4 class sessions (8 clock hours) without requiring the student to re-enroll in a later course and to start over.

 

E)        Instruction for each student in a Defined Time Frame Course shall take place on the dates, times and locations designated on the Secretary of State enrollment form unless the course is cancelled and the student is refunded any fees already paid.

 

3)         Sequential Module Course

 

A)        Students enrolled in a Sequential Module Course must take the 30 hours of classroom instruction in the proper sequential order indicated in the school's classroom content curriculum submitted and approved by the Secretary of State, pursuant to 92 Ill. Adm. Code 1060.181(b)(4).

 

B)        Students enrolled in a Sequential Module Course must complete the 30 hours of classroom instruction within 9 months after the first classroom session attended.

 

C)        The name of each student, start date and location of the first Sequential Module Course classroom session attended by the student shall be submitted, in a manner prescribed by the Secretary of State, to the Commercial Driver Training School Section, within 3 days after the first day of the first Sequential Module Course classroom session.

 

4)         Required Course of Instruction − General

 

A)        Each teen-accredited driver training school shall submit to the Secretary of State a copy of its classroom course content, which must, at a minimum, include the course content set forth in subsection (b)(6), which shall be reviewed by the Commercial Driver Training School Division of the Department of Driver Services. If the classroom course content meets the requirements, it will be approved by the Department.

 

B)        Accredited teen driver training schools must follow the approved classroom course content submitted to the Director of the Department at the time of application for licensure.  The Department shall determine compliance with this provision by unannounced inspections of the driver training schools, which shall occur, at a minimum, once every two months.  

 

C)        If a driver training school wishes to substantially change the classroom course content, a copy of its revised course content must be submitted in duplicate to the Commercial Driver Training School Division for approval.  After review, the Commercial Driver Training School Division will send a letter to the driver training school informing the school of whether its revised classroom course content has been approved.

 

D)        A regular schedule of classroom testing shall be followed to measure the comprehension level of students.  Students may not be given credit for the driver education course unless they score an average of 75% or more on all tests.  Test questions may be short answer, multiple choice, essay or a combination of these.   Criteria for passing or failing the course must be evident to the students and successful completion clearly defined.

 

5)         Instructional Materials

 

A)        A textbook on driver education must be in the possession of each student for the duration of the course, to be used as a regular part of the course content.

 

B)        Audio-visual materials may be used as a supplement to the instructor's presentation, but not as a replacement, so long as the material relates to driver education.  Materials may include, but are not limited to, videos, DVDs and CDs.  Reference materials are to be available to the students and their use assured by assignments. All assignments are to be made in advance of due dates and should include outside reading as well as preparation for testing.

 

6)         Classroom Course Content.  The following topics shall be included in classroom instruction:

 

A)        Your License to Drive.  Objective: familiarization with the process of obtaining an instruction permit and driver's license and the obligations and responsibilities that exist with holding a license:

 

i)          classifications of driver's licenses;

 

ii)         testing required to obtain a driver's license;

 

iii)        suspensions and revocations of driver's licenses;

 

iv)        mandatory insurance laws; and

 

v)         organ/tissue donation.

 

B)        Getting Under Way.  Objective: locating and identifying the location, purpose and operation of each indicator, gauge and control, thereby operating safely and conserving fuel:

 

i)          the view from behind the wheel, learning the controls − instrument panel, indicators, gauges, controls, lights and other signals;

 

ii)         controls for safety − safety belts, passive restraints, head restraints and rearview mirrors; and

 

iii)        getting ready to drive, adjusting seat and mirrors and starting the engine.

 

C)        Basic Driving Maneuvers.  Objective: defensive driving:

 

i)          steering;

 

ii)         accelerating;

 

iii)        braking;

 

iv)        changing lanes;

 

v)         turning;

 

vi)        backing;

 

vii)       changing direction;

 

viii)      parking;

 

ix)        passing; and

 

x)         railroad crossings.

 

D)        Traffic Safety Laws.  Objective: familiarization with traffic and vehicle laws and influencing drivers to comply with laws on a voluntary basis:

 

i)          basic driving rules;

 

ii)         right-of-way;

 

iii)        speed laws;

 

iv)        traffic signs and signals;

 

v)         pavement markings;

 

vi)        highway markings;

 

vii)       how to respond to emergency vehicles, including Scott's Law and instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement;

 

viii)      distracted driving, including, but not limited to, cell phone use, texting, eating;

 

ix)        GDL laws, including nighttime driving restrictions and passenger limitations;

 

x)         special safety laws − driving under the influence, implied consent, zero tolerance, post-accident responsibilities and duties; and

 

xi)        construction and school zones.

 

E)        Laws of Nature and Driving.  Objective:  learning about forces that act upon a vehicle and predicting how a vehicle will respond:

 

i)          understanding gravity, center of gravity, friction, energy of motion, centrifugal force and hydroplaning;

 

ii)         stopping distance − perception time and distance, reaction time and distance, and braking distance; and

 

iii)        force of impact − factors affecting force of impact, energy-absorbing features in cars and passenger restraint.

 

F)         Strategy for Driving.  Objective: using the Smith System, IPDE process, Zone Control System or any other recognized process for:

 

i)          identifying problems, predicting outcomes, deciding action and executing decisions;

 

ii)         avoiding, separating and handling hazards, managing time, speed and space, and following and stopping distance; and

 

iii)        trouble spots, limited visibility, traction and space.

 

G)        Driving in City Traffic.  Objective: identifying and handling city driving hazards:

 

i)          characteristics of city driving − congestion, reduced speed and cross traffic;

 

ii)         incoming traffic, following traffic, tailgaters, intersections, multi-lane roads and one-way streets; and

 

iii)        right-of-way situations − pedestrians, emergency vehicles and school buses.

 

H)        Driving on Highways − objective:  adjusting to a variety of traffic patterns, speeds and road conditions:

 

i)          characteristics of highway driving − less congestion, increased speeds and road conditions;

 

ii)         junctions, bridges, railroad crossings and hills;

 

iii)        driving on the interstate system − minimum/maximum speeds, entering and exiting the interstate, and opposing or cross traffic; and

 

iv)        driving to conserve fuel.

 

I)         Sharing the Road with Other Users.  Objective: learning special characteristics and needs of other highway users and what to do to avoid conflicts:

 

i)          pedestrians, animals and bicyclists;

 

ii)         motorcycles and mopeds; and

 

iii)        other vehicles, e.g., large trucks and recreational vehicles.

 

J)         Road Hazards and Vehicle Failures.  Objective: identifying hazards and acting to avoid them:

 

i)          potential problems − visibility, weather and traction;

 

ii)         other emergencies − controlling the vehicle, swerving, skids, collisions and counterskids; and

 

iii)        vehicle equipment failure − tires, brakes, accelerators, steering, engine and lights.

 

K)        Driver Fitness and Highway Safety.  Objective: driving maneuvers based on physical and mental condition:

 

i)          physical condition − age, fatigue, coordination, vision, disabilities and hearing; and

 

ii)         mental condition − alertness, awareness and emotions.

 

L)        Alcohol, Other Drugs and Driving.  Objective:  to identify the effects of alcohol and other drugs relating to driving ability:

 

i)          drug use and abuse − dangers, cautions and effects;

 

ii)         alcohol and the driver − effects;

 

iii)        responsibilities as a driver and passenger;

 

iv)        driving under the influence, zero tolerance, implied consent, and underage drinking not involving a motor vehicle; and

 

v)         possessing, obtaining or using a fraudulent or fictitious driver's license or identification card.

 

M)       Maintaining a Motor Vehicle. Objective:  a well-maintained vehicle is safer:

 

i)          vehicle inspection;

 

ii)         preventive maintenance − brakes, tires, steering, suspension and checking under the hood; and

 

iii)        fuel economy − vehicle choice, maintenance and driving habits.

 

c)         Behind-the-Wheel Instruction – For Persons under Age 18

 

1)         Each teen-accredited driver training school shall submit to the Secretary of State a copy of its behind-the-wheel course content, which must, at a minimum, include the course content set forth in subsection (c)(10). The course content shall be reviewed by the Commercial Driver Training School Division of the Department of Driver Services. If the classroom course content meets the requirements, it will be approved by the Department.

 

2)         Behind-the-wheel instruction shall consist of a minimum of six hours of instruction during which the student is the operator of a dual controlled vehicle while the instructor is occupying the front seat.

 

3)         Observation instruction shall consist of a minimum of six hours of observing another student behind the wheel instruction, unless the alternate formula outlined in subsection (c)(7) is used.

 

4)         Behind-the-wheel instruction shall not begin until the student has completed four hours of the classroom portion of driver education and possesses the basic information required for safe operation of a vehicle in traffic.

 

5)         When receiving behind-the-wheel instruction, each student must carry a valid instruction permit issued by the Secretary of State.

 

6)         At least two, but not more than 4, students may occupy the car with an instructor when behind-the-wheel instruction is in progress. Behind-the-wheel instruction shall not exceed 90 minutes per student, per day. (Exception:  Students participating in the alternate behind-the-wheel formula set forth in subsection (c)(7) may be provided one two-hour session of behind-the-wheel instruction).  Behind-the-wheel lessons must be distributed regularly over a minimum period of two complete weeks.

 

7)         Observation time in the car may not be counted as student driving.  A parent may requests that observers be excluded if the parent has chosen an alternate formula.  The alternate formula may substitute one additional hour of behind-the-wheel instruction for 3 hours of observation or 2 additional hours of behind-the-wheel instruction for 6 hours of observation.  If an alternate formula is chosen, the student may drive alone with an instructor. The school must maintain on file a parental signature authorizing the student to take an alternate formula for the behind-the-wheel portion of instruction.

 

8)         Each student shall receive a minimum of 6 full hours of behind-the-wheel instruction.  There can be no allowance for any absences without actual make-up time spent behind the wheel.  Satisfactory completion denotes that each student has the competencies to be certified by the school for issuance of a certificate.

 

9)         Practice driving instruction shall include actual experience in starting, stopping, shifting, turning, backing, parking, steering and emergency situation procedures in a vehicle equipped according to IVC Section 6-410.

 

10)        Behind-the wheel instruction shall include demonstration of and instruction in:

 

A)        Stopping;

 

B)        Starting;

 

C)        Turning;

 

D)        Backing;

 

E)        Parking;

 

F)         Steering.

 

(Source:  Amended at 46 Ill. Reg. 6670, effective April 11, 2022)

 

Section 1060.190  Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training School's License, Teen Accreditation, CDL Accreditation, and Instructor's License

 

a)         The Secretary of State may deny, suspend, or revoke a commercial driver training school license, teen accreditation, CDL accreditation, or commercial driver training school instructor license for:

 

1)         Any violation of 625 ILCS 5/Ch. 6, Art. IV.

 

2)         Any violation of this Part or Section 1030.88.

 

3)         A school that desires to have a license reinstated following suspension shall reapply and pay the application fee of $500 as required by Section 6-402(h) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-402(h)].

 

4)         An instructor who desires to have a license reinstated following suspension shall reapply and pay $70 as required by Section 6-411(g) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411(g)].

 

b)         The Secretary of State may cancel a commercial driver training school license, teen accreditation and/or CDL accreditation for:

 

1)         Any violation of Section 6-402 of the Illinois Vehicle Code [625 ILCS 5/6-402].

 

2)         Any violation of Section 1060.20(a), (b), (c), and (e) of this Part.

 

3)         In order to be eligible to be reinstated following cancellation, the school shall reapply for a license, pay the required application fee of $500 for a school as required by Section 6-402(h) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-402(h)] and demonstrate compliance with the provisions of this Part for which the cancellation was issued (e.g., proof of insurance).

 

c)         The Secretary of State may cancel a commercial driver training school instructor license, teen accreditation and/or CDL accreditation for:

 

1)         Any violation of Section 6-411 of the Illinois Vehicle Code [625 ILCS 5/6-411].

 

2)                  Any violation of Section 1060.120 of this Part.

 

3)         In order to be eligible to be reinstated following cancellation, the instructor shall reapply for a license; pay the required fee of $70 for an instructor as required by Section 6-411(g) of the Illinois Vehicle Code; and demonstrate compliance with the provisions of this Part for which cancellation was issued (e.g., proof of insurance).

 

(Source:  Amended at 45 Ill. Reg. 13421, effective October 5, 2021)

 

Section 1060.200  Commercial Driver's License, Endorsement, Accreditation

 

a)         Accreditation of the Program

Each commercial driver training school that desires to offer instruction to those individuals who wish to obtain a CDL, endorsement, or restriction must be accredited by the Secretary of State through the Department of Driver Services and listed on the Federal Motor Carrier Safety Administration's Training Provider Registry (TPR) (49 CFR 380.700 (2020) & 703 (2020)), on or after February 7, 2022, before instruction can be offered or advertised.

 

1)         Upon receipt of proper application for accreditation, the Secretary of State will investigate the program and verify the information contained in the application.  A Secretary of State employee will contact the applicant and make an appointment to inspect the school's facilities.  At the time of inspection, the Secretary of State employee must verify that the school meets the standards for CDL accreditation set forth in subsections (b) through (e) and all other applicable Sections within this Part.  These standards must be furnished to the school by the Secretary of State before the visit if the school requests them.  If all qualifications and standards are met, the school will be accredited to offer instruction on how to operate a vehicle with CDL, endorsement, or restriction classification.

 

2)         The accreditation of each school is renewable upon the expiration date of the school license, provided all qualifications and standards are met and the school has been in compliance with this Part.

 

3)         Only persons qualified under Section 1060.120 who already possess the applicable CDL, endorsement, or restriction classification may teach the behind-the-wheel portion of instruction.

 

b)         Required Facilities

 

1)         All CDL, endorsement, or restriction accredited schools must provide all classroom and vehicle facilities and equipment prescribed in IVC Chapter 6, Article IV and Section 1060.50. 

 

2)         Those who desire to provide instruction to persons who wish to obtain a CDL, endorsement, and/or restriction classified license must additionally provide a vehicle training area, owned or leased by the school. The area must:

 

A)        be a minimum of 27,000 square feet;

 

B)        be made of a solid surface and be able to accept paint, which includes but is not limited to concrete, asphalt, and crushed compacted limestone;

 

C)        have adequate lighting, approved by the Secretary of State, which is required for yard instruction to take place after dark; 

 

D)        have adequate parking space to accommodate all students when in the training area;

 

E)        be maintained and be free of disrepair, including, but not limited to, potholes and ruts; and

 

F)         contain restroom facilities if the school's main or branch location is not within 100 feet of the training facility.

 

c)         Required Course of Instruction

 

1)         CDL accredited driving schools must administer driving instruction course content that, at a minimum, corresponds to all applicable curricula in the appendices to 49 CFR 380 (2020).  Each CDL accredited driving school must provide a minimum of 160 hours of instruction in not less than a 4-week period to each student, as indicated in the curriculum. A student must complete the 160 hours of instruction within 9 months after starting instruction.

 

2)         The following training schedule shall be followed for each first-time CDL student over a minimum of 4 weeks:

 

A)        Classroom:  40 hours of classroom instruction.  This includes, but is not limited to, preparation for the Secretary of State's written examinations and all chapters of this curriculum.

 

B)        Range:  A minimum of 20 hours of behind-the-wheel instruction.  This requires one-on-one instruction with a properly licensed CDL instructor and vehicle on an approved vehicle training area.

 

C)        Over the Road:  A minimum of 20 hours of behind-the-wheel instruction on public streets and highways.  This requires one-on-one instruction with a properly licensed CDL instructor and vehicle.

 

D)        Observation:  20 hours of observation experience composed of behind-the-wheel range and over-the-road training.

 

E)        Remedial Training:  60 hours of additional classroom training, behind-the-wheel range, and over-the-road training based on each CDL student's specific needs.

 

3)         Instructional materials must be available and include a form of video delivery.

 

4)         A professional library containing an assortment of reference and textbooks, pamphlets, and other publications, including but not limited to the CDL Study Guide, must be available for the use of students and teachers.

 

5)         A brush-up course of instruction may be offered to individuals who currently hold or have held a CDL issued under the requirements of 49 CFR 383 (2021) or have certified theory or behind-the-wheel training completion posted on the TPR website.  The school must maintain records that verify students qualify for a brush-up course.  This course may be offered on an hourly basis.  No brush-up course may be offered to any individual who has never held a CDL.

 

6)         Classroom Instruction

 

A)        A listing of students enrolled in each course must be sent to the Secretary of State within 3 days after the first day of classroom instruction and in a manner prescribed by the Secretary of State.

 

B)        Classroom instruction must include, at a minimum, all applicable curricula set forth in the appendices to 49 CFR 380 (2021).  Schools may provide additional instruction on subject matter relating to the rules of the road as contained in the CDL Study Guide, safe driving practices, pedestrian safety, defensive driving techniques, behavioral characteristic of drivers, federal regulations relating to the Department of Transportation and CDL standards (49 CFR 383), vehicle insurance, the use of safety devices, the effects of alcohol and drugs on driving, and information on the human trafficking problem in Illinois.  [625 ILCS 5/11-216]

 

C)        Audio-visual materials may be used as a supplement to the teacher's presentation, but not as a replacement.

 

D)        Student progress is to be periodically evaluated.  Criteria for passing or failing the course is to be evident to the student, and successful completion clearly defined.

 

E)        Each student must be informed, prior to the time instruction begins, of the amount of all fees or charges made for enrollment or registration, tuition, use of equipment, or materials provided by the CDL, endorsement, or restriction accredited driver training program.

 

F)         Pre-Trip Instruction at the CDL yard is considered classroom instruction.

 

G)        A professional library containing and assortment of reference and textbooks, pamphlets, and other publications, including but not limited to the CDL Study Guide, shall be made available for the use of students and teachers.

 

7)         Behind the Wheel Instruction

 

A)        Behind-the-wheel instruction must not begin until the student is enrolled in a classroom program of CDL, endorsement and/or restriction classification driver training and obtains the required knowledge for the safe operation of a vehicle in traffic as provided in 49 CFR 383.110 through 121.

 

B)        When engaged in vehicle operation, a valid and properly classified instruction permit or driver's license must be in the student’s possession.

 

C)        Practice driving instruction must comply with the curriculum provided by the Office of the Secretary of State and include, but not be limited to, pre-trip inspection actual experience in starting, stopping, shifting, turning, backing, docking, parking, steering, and emergency situation procedures.

 

D)        A Class A CDL skills test for a tractor-trailer may be administered using a representative power unit with a multi-range transmission with no fewer than 9 forward gears, or an automatic transmission, and a representative trailer at least 48 feet long with a tandem axle.

 

8)         Student Ratio Per Course

 

A)        The total number of students enrolled in each CDL accredited driving school during any given period must not exceed 5 students for each currently licensed instructor.

 

B)        The total number of students enrolled in each CDL accredited driving school during any given period must not exceed 6 students for each currently registered CDL vehicle.

 

d)         Instructor Qualifications

 

1)         Each CDL, endorsement, or restriction accredited driver training school must have at least one instructor employed by the school who meets the standards of IVC Section 6-411.

 

2)         A CDL accredited instructor must comply with Sections 1060.120 and 1060.130, currently hold a valid CDL, and, preceding the date of application for an instructor’s license, must have held for any 2-year period a CDL of the same or higher class and with all endorsements necessary to operate the CMV for which training is to be provided.

 

3)         The CDL accredited instructor must pass an objective written instructor examination based upon the IVC, this Part, and the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 2704).  The written examination will consist of 125 questions (90 multiple-choice and 35 true/false). The instructor must correctly answer 106 questions to pass.

 

4)         The CDL accredited instructor is authorized to give instruction only in the classification, endorsement, or restriction in which the instructor is licensed, except that an instructor may teach a lower classification than the CDL held by the instructor.

 

5)         The CDL accredited instructor must not be currently licensed as a CDL Third Party Certification Program Safety Officer.

 

e)         Student Instruction Records

 

1)         Records must be maintained by schools that document daily attendance, lesson time, and periodic evaluation of each student.  The dates and times of classroom instruction, pre-trip CDL yard classroom instruction, behind-the-wheel instruction, and observation time must also be recorded.  Students must be identified by their name, address, and other personal information.  A driver license number also must be entered on the student record.  The records must be on file in the office of the management for a period of 3 years.

 

2)         The driver school with a CDL, endorsement, or restriction accreditation must meet all requirements of Section 1060.60.

 

3)         The school and each student must maintain separate but identical logs of the student's behind-the-wheel instruction and observation time.  The logs must include the dates of instruction, type of instruction, student/instructor signatures, and odometer readings of the vehicles used for instruction.

 

4)         The CDL accredited driving school must submit the names of those students who have satisfactorily fulfilled the CDL accreditation course in a manner prescribed by the Secretary of State

 

f)         The Secretary of State will suspend, revoke, cancel or deny the license and/or accreditation of any driver training school or driver training instructor if the school or instructor fails to comply with this Part or 49 CFR 383.

 

g)         The Secretary of State may reduce the number of scheduled skills testing for CDL accredited schools that have a student failure rate of 45% or greater in the preceding 2 calendar months.

 

(Source:  Amended at 47 Ill. Reg. 3506, effective February 27, 2023)

 

Section 1060.210  Driver Training School Responsibility for Employees (Recodified)

 

(Source:  Recodified to Section 1060.150 at 17 Ill. Reg. 20006)

 

Section 1060.220  Solicitation of Students and Pupils for Commercial Driver Training Instruction (Recodified)

 

(Source:  Recodified to Section 1060.160 at 17 Ill. Reg. 20006)

 

Section 1060.230  Hearings (Recodified)

 

(Source:  Recodified to Section 1060.170 at 17 Ill. Reg. 20006)

 

Section 1060.240  Teen Accreditation (Recodified)

 

(Source:  Recodified to Section 1060.180 at 17 Ill. Reg. 20006)

 

Section 1060.250  Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training School's License and Instructor's License (Recodified)

 

(Source:  Recodified to Section 1060.190 at 17 Ill. Reg. 20006)

 

Section 1060.260  Commercial Driver's License and/or Endorsement and/or Restriction Accreditation (Recodified)

 

(Source:  Recodified to Section 1060.200 at 17 Ill. Reg. 20006)

 

Section 1060.270  Operations During COVID-19 Pandemic

 

Notwithstanding any other provision of this Part, as a result of the COVID-19 emergency declared through the Gubernatorial Disaster Proclamations, the following procedures shall apply for the time periods specified in this Section:

 

a)         Classroom instruction may be provided virtually, via a live webcast taught by a licensed instructor or via pre-recorded sessions taught by a licensed instructor, until such time as the region in which the driving training school is located reaches Phase 5 of the Restore Illinois plan released by Governor Pritzker's office on May 5, 2020.  If a pre-recorded program is to be used, it must be submitted to the Department for approval.  Content must be specific to Illinois laws and Rules of the Road.

 

1)         The instruction must include all course content set forth in Section 1060.181.

 

2)         A student who started classroom instruction virtually may be allowed to finish virtual classroom instruction even if the driving training school is located in a region that reaches Phase 5 before classroom instruction is concluded.

 

3)         If pre-recorded instruction is used, the student may not be allowed to fast-forward through instruction or skip a classroom session.

 

b)         A driving training school may, but is not required to, resume in-person classroom instruction when the region in which the commercial driving school is located reaches Phase 3 of the Restore Illinois plan, so long as no more than 10 persons, inclusive of students and staff, are physically present in the classroom or upon reaching Phase 4 of the Restore Illinois Plan, so long as the school complies with Section 1060.181(b)(1)(C) and the following conditions:

 

1)         Adherence to social distancing guidelines promulgated by the Illinois Department of Public Health (IDPH);

 

2)         Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;

 

3)         Hand sanitizer is available in the classroom;

 

4)         A disposable mask is made available to all students upon request of the student;

 

5)         Classrooms are sanitized between each class session, including the use of disinfectant on desks, door knobs, light switches, computers and related equipment such as the monitor, keyboard and mouse, and books; and

 

6)         Adherence to all requirements of Phase 3 of the Restore Illinois plan.

 

c)         Behind-the-wheel instruction may resume when the region in which the commercial driving school reaches Phase 3 of the Restore Illinois plan, under the following conditions:

 

1)         Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;

 

2)         Hand sanitizer is available in the training vehicle;

 

3)         A disposable mask is made available to all students upon request of the student;

 

4)         Only the instructor and the student may be present in the training vehicle (no other students are allowed).  If requested, a parent may be present in the training vehicle, seated in the back seat. For auditing purposes, an employee of the Commercial Driver Training School Section may be present in the vehicle when an instructor administers a road exam pursuant to paragraph (e) of this Section; 

 

5)         The commercial driver training school must obtain written consent from the student's parent or guardian (if the student is under the age of 18) to allow for the behind-the-wheel instruction with only the instructor being present in the vehicle;

 

6)         The training vehicle must be sanitized before and after each lesson;

 

7)         Instructors must wash hands or use hand sanitizer prior to starting any behind-the-wheel lesson and must wear a face covering during any interaction with the student;

 

8)         Observation hours, as set forth in Section 1060.181(c)(2), are waived until the Region in which the driver training school is located reaches Phase 5; and

 

9)         Adherence to all requirements of Phase 3 of the Restore Illinois plan.

 

d)         The 12-month pilot program that allows a commercial driver training school instructor to administer a road test to a student that successfully completes an approved driver education course is extended through December 31, 2022.

 

1)         A commercial driver training instructor must be approved by the Department to administer the road test.  Only instructors with five years of providing behind-the-wheel instruction to teens, either through a high school or a commercial driver training school, may be approved to administer the road test.

 

2)         The road test route used by the commercial driving training instructor must be approved by the Department and must contain all the maneuvers included on a road test administered by Secretary of State employees.

 

3)         A road test administered by a commercial driver training school instructor must be scored in the same manner as a road test administered by a Secretary of State employee.

 

4)         Only vehicles in compliance with Section 1060.110 of this Part may be used to administer a road test. 

 

5)         A commercial driver training school may not conduct a road test for a student who has previously failed a Cooperative Testing road exam.

 

6)         The commercial driver training school shall notify the Department if a student fails a road test administered by the commercial driver training school. The notification shall be made within two business days of the failure and shall include the student's name, instruction permit number, road test score sheet and the date on which the road test was administered.

 

7)         The commercial driver training school shall submit a schedule of road tests in a manner prescribed by the Department, including but not limited to dates, times and locations of testing, to the Department, no later than two business days prior to each test.

 

8)         The following records shall be maintained by for each road test administered by a commercial driver training school:

 

A)        The name and instruction permit number of the student;

 

B)        The fees charged to the student;

 

C)        Verification that the student earned a grade of A or B in the classroom portion of an approved high school driver education course and successfully completed the behind-the-wheel portion at a commercial driver training school or successfully completed an approved driver education course at commercial driving training school; and

 

D)        A copy of the driver student's road test score sheet.

 

e)         All other provisions of this Part that have not been modified by this Section remain in full force and effect.

 

(Source:  Amended at 45 Ill. Reg. 13421, effective October 5, 2021)