Section 1065.10  Definitions

 

"Department" − the Commercial Driving Training School Division within the Department of Driver Services within the Office of the Secretary of State.

 

"Enhanced Skills Driving School" or "ESDS" − a school for teaching advanced driving skills, such as emergency braking, crash avoidance and defensive driving techniques to licensed drivers for a fee.  This term does not mean a school for preparing students for examinations given by the Secretary of State. (IVC Section 6-1001)

 

"Enhanced Skills Instruction" − techniques such as advanced driving skills, emergency braking, crash avoidance and defensive driving provided by an enhanced skills driving school.

 

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

 

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

 

Section 1065.15  Unlicensed Person May Not Operate Enhanced Skills Driving School

 

a)         No entity or individual that accepts payment in performing activities in the training of enhanced driving skills may operate, unless licensed as an ESDS by the Department in accordance with IVC Ch. 6, Art X.

 

b)         Any entity or individual that is licensed as an ESDS must display its appropriate license in a visibly prominent place.

 

c)         No person or group licensed as an ESDS, or any agent, servant or employee of any ESDS, shall give enhanced driving skills instruction unless licensed by the Department as an ESDS.

 

d)         No ESDS shall operate before it is properly licensed by the Department as provided in IVC Section 6-1001.

 

e)         No ESDS may remain in operation if its license to operate an ESDS is suspended, revoked, canceled or not renewed.

 

Section 1065.20  Requirements for Enhanced Skills Driving School Licenses

 

a)         The Department shall not issue, or shall deny, cancel, suspend or revoke, an ESDS license unless:

 

1)         The applicant has at least one motor vehicle owned or leased in the name of the ESDS or school owner and insurance certified as required in IVC Section 6-1002(3) for use in enhanced driving skills instruction;

 

2)         The applicant has at least one person who is employed by or associated with the school who is licensed or qualified to be licensed by the Department as an ESDS instructor for that school;

 

3)         The physical facilities meet the requirements of this Part;

 

4)         The applicant is of good moral character as required pursuant to IVC Section 6-1002(1).  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 a misdemeanor:

 

i)          The relationship of any crime of which the person has been convicted to the ability to operate an enhanced skills driving school; or

 

ii)         The length of time that has elapsed since the person'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 if:

 

i)          the person is found "guilty" by the court, the denial or cancellation previously entered on his/her record in accordance with Section 1065.85(b) shall stand.  This action does not preclude further suspension and/or revocation of the ESDS license under another Section of this Part or the IVC;

 

ii)         the person is found "not guilty" by the court, the denial or cancellation previously entered on the license in accordance with Section 1065(b) shall be rescinded.  This action does not preclude further suspension and/or revocation of the ESDS license under another Section of this Part or the IVC;

 

iii)        the person is granted a disposition of "court supervision" by the court, the denial or cancellation previously entered on the license in accordance with Section 1065(b) shall be rescinded.  This action does not preclude further suspension and/or revocation of the ESDS license under another Section of this Part or the IVC; and

 

5)         The applicant has paid all applicable statutory fees.

 

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

 

c)         The applicant shall not be a current salaried or contractual employee of the Secretary of State.

 

d)         Upon receipt of a properly executed application for a an ESDS license, the Department shall investigate the qualifications of the applicant, and authorized representatives of the Department shall inspect the ESDS property and equipment to determine whether the application should be granted or denied.  

 

e)         The applicant must authorize an investigation to include a fingerprint-based background check to determine if the applicant has ever been convicted of a crime and, if so, the disposition of those convictions.  The authorization shall indicate the scope of the inquiry and the agencies that may be contacted.  Upon this authorization, the Secretary of State may request and receive information and assistance from any federal, State or local governmental agency as part of the authorized investigation.  Each applicant shall have his or her fingerprints submitted to the Department of State Police in the form and manner prescribed by the Department of State Police.  The fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record information databases.  The applicant shall be required to pay all related fingerprint fees, including, but not limited to, the amounts established by the Department of State Police and the Federal Bureau of Investigation to process fingerprint based criminal background investigations.  Any criminal convictions and disposition information obtained by the Secretary of State shall be confidential and may not be transmitted outside the Office of the Secretary of State, except as required in this Part, and may not be transmitted to anyone within the Office of the Secretary of State except as needed for the purpose of evaluating the applicant.  The information obtained from the investigation may be maintained by the Secretary of State or any agency to which the information was transmitted.

 

f)         An owner or manager shall not engage in fraudulent activity as defined in Section 1065.10.

 

g)         An owner or employee of an ESDS shall not have been declared to have engaged in fraudulent activity within the five years prior to making application.

 

h)         An owner shall not knowingly use unlicensed instructors for the purpose of enhanced driving skills instruction.

 

i)          An owner shall submit a curriculum for courses and programs offered for review and approval by the Department.

 

j)          Each ESDS must obtain and maintain a business telephone number and listing for use in conducting business.   

 

Section 1065.25  Enhanced Skills Driving School Names

 

a)         No ESDS 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 ESDS as defined in 14 Ill. Adm. Code 150.440.

 

b)         No licensed ESDS 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 ESDS' name shall contain, separate and apart from any other word or abbreviation in the name, the word "corporation", "company", "incorporated", or limited", or an abbreviation of one of these words, unless so licensed by the Secretary of State.

 

d)         No ESDS shall change its name unless 30 days prior written notice is given to the Department stating the change of name.  Upon receipt of the above notice, the Department shall, without an application fee, require the ESDS to complete an amended application for license in the form and manner prescribed for original applicants.

 

Section 1065.30  Refund of Application Fees

 

The Department shall not refund any application fee that has been submitted by any person with an application for an ESDS or an ESDS instructor's license.  This provision shall apply to all applicants regardless of whether a license has been issued or denied.

 

Section 1065.35  School Locations and Facilities

 

a)         Each ESDS must maintain an established place of business that:

 

1)         is owned or leased by the ESDS and regularly occupied  and primarily used by the ESDS and that is not shared with any other ESDS;

 

2)         is located in a district that is zoned for business or commercial purposes;

 

3)         has a permanent sign with the name of the school on it;

 

4)         includes an office facility, subject to the following conditions:

 

A)        is a minimum of 150 square feet of office space that must contain sufficient space, equipment, records and personnel to carry on the business of an ESDS;

 

B)        complies with all State and local laws relating to public health, safety and sanitation;

 

C)        has a sign posted in a conspicuous place, on or near the permanent school sign, stating the days and regular hours when open. A school shall not be deemed open for business unless at least one authorized representative of the school is present; 

 

D)        is open to the general public during posted hours on file with the Department;

 

E)        has direct access from the outside.  Any business may be conducted in the same building providing the business being conducted is legal and the business has its own entrance;

 

F)         displays the ESDS license, the names, addresses and instructor license numbers of all instructors employed by the school, and the address of each branch office and branch classroom.

 

b)         An ESDS that has a licensed established place of business may operate a branch office provided all the requirements of the established place of business are met and the branch office bears the same name and is operated as a part of the same business entity as the established place of business.

 

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

 

2)         When a branch office is to be closed, the enhanced skills driving school shall return the branch office license to the Department within 10 business days.

 

c)         The established place of business or branch office of any ESDS shall not consist of or include a house trailer, residence, tent, temporary stand, temporary address, or room or rooms in a hotel, rooming house or apartment house; shall not be occupied as a single or multiple unit dwelling house; and shall not be an answering service.

 

d)         No office or place of business of an ESDS shall be established within 1,500 feet of any building used as an office by any department of the Secretary of State having to do with the administration of any laws relating to motor vehicles, nor may any ESDS, its owner or any instructor solicit or advertise for business within 1,500 feet of any building used as an office by any department of the Secretary of State having to do with the administration of any laws relating to motor vehicles.

 

e)         The established place of business of each ESDS must include a training site for the behind-the-wheel instruction that must be: 

 

1)         owned or leased by the ESDS;

 

2)         paved and have sufficient space to safely accommodate the training provided in the ESDS curriculum; and

 

3)         on private property (not on an open roadway).

 

f)         No ESDS shall change the location of its established place of business or any of its branch facilities unless 30 days prior written notice is given to the Department stating the change of location.  Upon receipt of the change of location notice, the Department will determine if the new location meets all requirements and, without an application fee, require the ESDS to complete an amended application for license in the form and manner prescribed for original applicants.

 

Section 1065.40  Enhanced Skills Driving School Student Instruction Record

 

a)         All ESDS licensed by the Department shall maintain a permanent record of instruction given to each student in accordance with IVC Section 6-1008.  The record shall include the name of the student, the student's driver's license number, all fees paid to the school by the student, the type and date of instruction given and the name of the instructors who provided the instruction.  If records of the driver training school are kept electronically, a hard copy must be retained for inspection purposes.  All permanent student instruction records must be kept on file in the established place of business of each ESDS for a period of three calendar years after the student has ceased taking instruction at or with the school.

 

b)         Each ESDS 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 six months before transferring the records to the established place of business where they shall be retained as provided in subsection (a).

 

Section 1065.45  Enhanced Skills Driving School Required Curriculum and Course of Instruction

 

a)         Every ESDS student must possess a current and valid driver's license during each behind-the-wheel lesson.

 

b)         The curriculum submitted by the ESDS must indicate the specific techniques of instruction that will be offered.

 

Section 1065.50  Enhanced Skills Driving School Contracts

 

a)         All contracts or agreements between any ESDS and any individual or group for the sale, purchase, barter or exchange of any driving instruction or any classroom instruction must be in writing and shall 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 indicating the specific date and time when instruction is to begin, the hours of instruction and the location of the instruction;

 

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

 

5)         A statement indicating that the student has the right to file a complaint with the Secretary of State so that the Secretary may investigate and take appropriate action against the ESDS and/or instructor. 

 

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

 

c)         If any ESDS fails to comply with a material provision of a contract or agreement by or between the ESDS or any of its students, the ESDS shall refund all monies for any unperformed portion of the contract or agreement deposited by the student as consideration for performance of the contract or agreement by the school, unless the student violates a material provision of the contract or agreement.

 

Section 1065.55  Inspection of School Facilities

 

Each ESDS shall permit authorized representatives of the Department to make reasonable inspections of all of the school's facilities.  During inspections, each owner, partner, associate, corporate director, officer, manager or employee of any ESDS shall cooperate with the authorized representative and, upon demand, shall exhibit all records, instructional aids and other objects that are pertinent and necessary to the inspection or investigation.  If an ESDS' established business hours include only Saturday and Sunday and/or evening hours, the school, upon request from the Department, shall make necessary personnel available and shall allow the Department to make an inspection during the hours of 7:00 a.m. through 5:00 p.m., Monday through Friday. 

 

Section 1065.60  Licenses

 

a)         No individual, partnership, group, association or corporation may sell, assign, barter or trade any ESDS license or ESDS instructor license issued by the Department.  No license issued under the IVC to any person to operate an ESDS or to an instructor shall be transferable.

 

b)         When any licensed ESDS ceases to engage in the business of giving instruction for compensation 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 enhanced skills driving school shall surrender their ESDS license to the Department.

 

c)         ESDS instructors must have their wallet instructor's license on their person during all behind-the-wheel instruction.

 

Section 1065.65  Safety Inspection of Enhanced Skills Driving School Motor Vehicles

 

a)         No motor vehicle shall be used for enhanced skills training unless:

 

1)         it is owned or leased in the name of the ESDS licensed by the Department or school owner indicated on the license 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;

 

2)         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;

 

3)         it is listed in the driver training school license application and insurance certificate on file with the Department.

 

b)         The Department shall not issue an insurance certificate sticker until the school has provided to the Department a vehicle fleet schedule listing the vehicles used by the school that is signed by an authorized representative of the school and an insurance certificate form provided by the Department.

 

c)         The insurance certificate sticker shall be issued by the Department and 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 ESDS instruction or ESDS purposes by the ESDS identified on the sticker.

 

Section 1065.70  Requirements to Obtain and Retain an Enhanced Skills Driving School Instructor's License

 

a)         The Department shall not issue, or shall deny, cancel, suspend or revoke, an ESDS instructor's license:  

 

1)         To any person who:

 

A)        does not have a current, valid driver's license;

 

B)        has not held a valid driver's license for any two year period preceding the date of application for an instructor's license;

 

C)        intends to instruct in L and/or M classification, as defined in 92 Ill. Adm. Code 1030.30(e) and (f);

 

D)        has not held the representative classification for three consecutive years immediately prior to the date of application;

 

E)        has been convicted of three or more offenses against traffic regulations governing the movement of traffic within the two year period immediately preceding the date of application for an instructor's license;

 

F)         has had two or more convictions of a violation that caused an auto accident within the two year period immediately preceding the date of application for an instructor's license;

 

G)        is physically unable to safely operate a motor vehicle or to safely instruct or train others in the operation of a motor vehicle;

 

H)        fails to properly and fully complete an application for a license or otherwise indicates that he/she is unqualified to receive an enhanced driving skills instructor's license;

 

I)         is not employed or associated with an ESDS;

 

J)         is currently a salaried or contractual employee of the Secretary of State;

 

K)        fails to supply a complete set of fingerprints to the Department so that a background check may be completed; 

 

L)        is not at least 21 years of age;

 

M)       is not of good moral character as required pursuant to IVC Section 6-1004(1).  In making a determination of good moral character, the Department is not limited to, but may consider, the following:

 

i)          If the person has been convicted of a felony or a misdemeanor, the relationship of any crime of which the applicant has been convicted to the ability to operate a driver training school and the length of time that has elapsed since the applicant's last criminal conviction;

 

ii)         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 if:

 

•     the person whose ESDS instructor licenses has been denied or cancelled under this Part is found "guilty" by the court, the denial or cancellation previously entered on his/her record in accordance with Section 1065.85(b) shall stand.  This action does not preclude further suspension and/or revocation of the ESDS instructor license under another Section of this Part or the IVC;

 

•    the person is found "not guilty" by the court, the denial or cancellation previously entered on the license in accordance with Section 1065.85(b) shall be rescinded.  This action does not preclude further suspension and/or revocation of the ESDS instructor license under another Section of this Part or the IVC;

 

•    the person is granted a disposition of "court supervision" by the court, the denial or cancellation previously entered on the license in accordance with Section 1065.85(b) shall be rescinded.  This action does not preclude further suspension and/or revocation of the ESDS instructor license under another Section of this Part or the IVC;

 

N)        holds a driver's license that has had a revocation that has terminated within 10 years prior to the date of application;

 

O)        has ever been convicted of driving while under the influence of alcohol, other drugs, or a combination thereof, leaving the scene of an accident, reckless homicide, or reckless driving.

 

b)         If an applicant indicates that he/she has been convicted of a felony or misdemeanor, the applicant shall submit a signed release allowing the Department to obtain any information regarding the applicant's arrest and conviction, thereby enabling the Department to determine the fitness of an applicant to be licensed as an instructor.

 

c)         No ESDS 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(e) and (f).  An instructor holding a Class A commercial driver's license may teach enhanced driving skills in Classes A, B, C and D vehicles.  An instructor holding a Class B commercial driver's license may teach enhanced driving skills in Classes B, C and D vehicles.  An instructor holding a Class C commercial driver's license may teach enhanced driving skills in Classes 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 enhanced driving skills in Classes L and M vehicles.

 

d)         All instructors who have ceased to be employed or associated with the school designated 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 the cessation.

 

e)         An instructor shall not engage in fraudulent activity as defined in Section 1065.10.

 

f)         During the course of instruction, an instructor shall not engage in any non-school related activity that puts the student in danger.

 

g)         A licensed ESDS instructor who holds a license from a state other than Illinois must provide the Department with a copy of his/her current driving record with the original application and every six months subsequent to licensure.

 

Section 1065.75  Enhanced Skills Driving School Responsibility for Employees

 

a)         No ESDS shall employ or otherwise retain any individual to give instruction unless the individual has a valid, current ESDS instructor's license for that school issued by the Department and meets the qualifications provided in Section 1065.70.

 

b)         All acts by any individual employed by or associated with any ESDS 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.

 

c)         If a licensed instructor is temporarily suspended, laid off or discharged by an ESDS, the school shall immediately notify the Department, on forms furnished by the Department, containing the name, address and license number of the instructor, termination date, and the reason for the termination.  In all cases in which an employee ceased working for the ESDS, whether it be a temporary layoff or any other termination of his/her association with the school, the instructor must surrender his/her license to the Department.

 

Section 1065.80  Denial, Cancellation, Suspension and Revocation of Enhanced Skills Driving School's License and Instructor's License

 

a)         The Department may deny, suspend or revoke an ESDS license, or ESDS instructor license for any:

 

1)         violation of IVC Ch. 6, Art. X;

 

2)         violation of this Part.

 

b)         The Department may cancel an ESDS license for any:

 

1)         violation of IVC Sections 6-1001 and 6-1002;

 

2)         violation of this Part.

 

c)         The Department may cancel an ESDS instructor license for any:

 

1)         violation of IVC Section 6-1004;

 

2)         violation of this Part.

 

Section 1065.85  Reinstatement after Cancellation or Suspension

 

a)         An ESDS that desires to have a license reinstated following suspension shall reapply and pay the application fee of $500 as required by IVC Section 6-1002(5).

 

b)         An ESDS instructor who desires to have a license reinstated following suspension shall reapply and pay $70 as required by IVC Section 6-1004(5).

 

c)         An ESDS that desires to have a license reinstated after cancellation shall reapply for a license, pay the required application fee of $500 as required by IVC Section 6-1002(5), and demonstrate compliance with the provisions of this Part for which the cancellation was issued (e.g., proof of insurance).

 

d)         An ESDS instructor that desires to have a license reinstated after cancellation shall reapply for a license; pay the required fee of $70 as required by IVC Section 6-1004(5); and demonstrate compliance with the provisions of this Part for which cancellation was issued (e.g., proof of insurance).

 

Section 1065.90  Hearings

 

a)         The Department will send written notice of denial to an applicant for a license to operate an ESDS or to be an ESDS instructor.  A formal hearing may be requested in writing in accordance with 92 Ill. Adm. Code 1001, Subpart A and IVC Section 2-118.  A request for hearing shall not stay the denial.

 

b)         Prior to the suspension or revocation of the license of an ESDS or ESDS instructor, the Department will conduct a hearing in accordance with 92 Ill. Adm. Code 1001, Subpart A and IVC Section 2-118.  In the hearing, the Department will present competent evidence to establish violations of any regulations or laws governing ESDS and/or ESDS instructors and seek the appropriate sanctions in accordance with Section 1065.85.