HB5536 102ND GENERAL ASSEMBLY

LRB102 25449 RAM 34735 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5536

Introduced 1/31/2022, by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-217	from Ch. 95 1/2, par. 1-217
625 ILCS 5/6-104	from Ch. 95 1/2, par. 6-104

Amends the Illinois Vehicle Code. Removes language classifying motor vehicles of the first division used and registered as school buses as vehicles of the second division. Provides that no person shall drive a motor vehicle of the first division used and registered as a school bus when transporting school children unless the person meets certain requirements.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 1-217 and 6-104 as follows:

(625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)

Sec. 1-217. Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3-101(d) of this Code, except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Snowmobile Registration and Safety Act.

For the purposes of this Code, unless otherwise prescribed, a device shall be considered to be a vehicle until such time it either comes within the definition of a junk vehicle, as defined under this Code, or a junking certificate is issued for it.

For this Code, vehicles are divided into 2 divisions:

First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.

Second Division: Those vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight, or cargo and , those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses.

(Source: P.A. 92-812, eff. 8-21-02.)

(625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104)

Sec. 6-104. Classification of Driver - Special Restrictions.

(a) A driver's license issued under the authority of this Act shall indicate the classification for which the applicant therefor has qualified by examination or by such other means that the Secretary of State shall prescribe. Driver's license classifications shall be prescribed by rule or regulation promulgated by the Secretary of State and such may specify classifications as to operation of motor vehicles of the first division, or of those of the second division, whether operated singly or in lawful combination, and whether for-hire or not-for-hire, and may specify such other classifications as the Secretary deems necessary.

No person shall operate a motor vehicle unless such person has a valid license with a proper classification to permit the operation of such vehicle, except that any person may operate a moped if such person has a valid current Illinois driver's license, regardless of classification.

(b) No person who is under the age of 21 years or has had less than 1 year of driving experience shall drive: (1) in connection with the operation of any school, day camp, summer camp, or nursery school, any public or private motor vehicle for transporting children to or from any school, day camp, summer camp, or nursery school, or (2) any motor vehicle of the second division when in use for the transportation of persons for compensation.

(c) No person who is under the age of 18 years shall be issued a license for the purpose of transporting property for hire, or for the purpose of transporting persons for compensation in a motor vehicle of the first division.

(d) Except as provided in subsections (d-1) and (d-2), no No person shall drive: (1) a school bus when transporting school children unless such person possesses a valid school bus driver permit or is accompanied and supervised, for the specific purpose of training prior to routine operation of a school bus, by a person who has held a valid school bus driver permit for at least one year; or (2) any other vehicle owned or operated by or for a public or private school, or a school operated by a religious institution, where such vehicle is being used over a regularly scheduled route for the transportation of persons enrolled as a student in grade 12 or below, in connection with any activity of the entities unless such person possesses a valid school bus driver permit.

(d-1) No person shall drive a motor vehicle of the first division used and registered as a school bus when transporting school children unless the person:

(1) possesses a valid driver's license that has not been revoked, suspended, canceled, or disqualified as defined in Section 6-500 for any action except those defined as miscellaneous suspensions by rule committed during the 3 years immediately prior to the date of application, and issued by the Secretary of State for the operation of motor vehicles of the second division;

(2) completes a State and federal fingerprint background check with a certified State vendor;

(3) demonstrates physical fitness to safely operate a motor vehicle of the first division used and registered as a school bus by submitting to the employer the results of a drug test and an annual physical examination conducted by a licensed physician, an advanced practice nurse who is authorized under a written collaborative agreement with a physician to perform medical examinations, or a physician's assistant who has been delegated the performance of medical examinations by the assistant's supervising physician within 90 days of the date of application according to standards adopted by the Secretary of State;

(4) affirms under penalty of perjury that the person has not made a false statement or knowingly concealed a material fact in an application for a driver's license;

(5) annually attends and completes Passenger Assistance, Safety and Sensitivity Training administered by the Community Transportation Association of America, in accordance with Section 1035.35 of the Illinois Administrative Code, and provides proof of attendance and completion to the Secretary of State;

(6) at the time of application, has not been convicted of 2 or more serious traffic offenses within the previous 12-month period, nor been convicted of 2 or more serious traffic offenses during any 12-month period that endangered the life and safety of any of the driver's passengers;

(7) has not been convicted of reckless driving under Section 11-503, driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof under Section 11-501, or reckless homicide under Section 9-3 of the Criminal Code of 2012 which resulted from operation of a motor vehicle within 3 years of the date of application;

(8) has not been convicted of committing or attempting to commit one or more of the offenses listed in paragraph 11 of subsection (a) of Section 6-106.1;

(9) has not been repeatedly involved as a driver in motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway, in accordance with Section 1040.50 of the Illinois Administrative Code;

(10) has not, through the unlawful operation of a motor vehicle, caused an accident resulting in the death of any person;

(11) has not, within the last 5 years, been clinically diagnosed with any mental disability or disease; or

(12) ensures that the vehicle used to transport schoolchildren is:

(A) properly licensed and registered as required by Section 3-801;

(B) properly insured as required under Section 7-601;

(C) equipped with proper seat belts or safety seats so as to permit each passenger to be secured while the vehicle is in motion;

(D) inspected biannually by a certified mechanic;

(E) inspected before and after each service trip; and

(F) equipped with a seat belt cutter, a first aid kit, a fluid clean up kit, and a fire extinguisher located in the storage area that is accessible to the driver.

(d-2) Failure to annually complete and attend the Passenger Assistance, Safety and Sensitivity Training in accordance with paragraph (5) of subsection (d-1) shall result in the cancellation of the driver's permit until the course is completed.

(d-5) No person may drive a bus that does not meet the special requirements for school buses provided in Sections 12-801, 12-802, 12-803, and 12-805 of this Code that has been chartered for the sole purpose of transporting students regularly enrolled in grade 12 or below to or from interscholastic athletic or interscholastic or school sponsored activities unless the person has a valid and properly classified commercial driver's license as provided in subsection (c-1) of Section 6-508 of this Code in addition to any other permit or license that is required to operate that bus. This subsection (d-5) does not apply to any bus driver employed by a public transportation provider authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is on a regularly scheduled route for the transporting of other fare paying passengers.

A person may operate a chartered bus described in this subsection (d-5) if he or she is not disqualified from driving a chartered bus of that type and if he or she holds a CDL that is:

(1) issued to him or her by any other state or jurisdiction in accordance with 49 CFR 383;

(2) not suspended, revoked, or canceled; and

(3) valid under 49 CFR 383, subpart F, for the type of vehicle being driven.

A person may also operate a chartered bus described in this subsection (d-5) if he or she holds a valid CDL and a valid school bus driver permit that was issued on or before December 31, 2003.

(e) No person shall drive a religious organization bus unless such person has a valid and properly classified drivers license or a valid school bus driver permit.

(f) No person shall drive a motor vehicle for the purpose of providing transportation for the elderly in connection with the activities of any public or private organization unless such person has a valid and properly classified driver's license issued by the Secretary of State.

(g) No person shall drive a bus which meets the special requirements for school buses provided in Section 12-801, 12-802, 12-803 and 12-805 of this Code for the purpose of transporting persons 18 years of age or less in connection with any youth camp licensed under the Youth Camp Act or any child care facility licensed under the Child Care Act of 1969 unless such person possesses a valid school bus driver permit or is accompanied and supervised, for the specific purpose of training prior to routine operation of a school bus, by a person who has held a valid school bus driver permit for at least one year; however, a person who has a valid and properly classified driver's license issued by the Secretary of State may operate a school bus for the purpose of transporting persons 18 years of age or less in connection with any such youth camp or child care facility if the "SCHOOL BUS" signs are covered or concealed and the stop signal arm and flashing signal systems are not operable through normal controls.

(h) No person shall operate an autocycle unless he or she has a valid Class D driver's license.

(Source: P.A. 98-777, eff. 1-1-15.)