reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 443 - INSPECTION PROCEDURES FOR TYPE II SCHOOL BUSES › Section 443.25 - Incorporation by Reference of Federal Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever this Part refers to the Code of Federal Regulations
				and that reference incorporates the federal regulations by reference, the
				federal regulations incorporated shall be that which was effective as of
				October 1, 2020, not including any later amendments or editions. Copies of
				appropriate federal regulations are available for inspection at the
				Department's Commercial Vehicle Safety Section.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 443 - INSPECTION PROCEDURES FOR TYPE II SCHOOL BUSES › Section 443.30 - Standards of Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 "Shall" and "must" are used in the imperative sense. "Shall" imposes an
			 obligation to act. "Must" defines a condition that is to be satisfied. "May"
			 allows permissiveness under terms specified in the standards. "Will" indicates
			 intention, promise or willingness.
b) Words imparting the masculine gender
			 include the feminine.
c) Changes in
			 the administration of the state school bus inspection program and changes to
			 federal and state law have caused the purchase or manufacture date of school
			 buses to be critical in the application of this Part. The effective dates for
			 some of these standards will vary.
1)
			 Exemptions to some standards are provided for school buses purchased prior to
			 September 1974, the effective date of the Department's "Vehicle Inspection
			 Stations Governing School Buses."
2) Exemptions are provided for Type II school
			 buses manufactured prior to October 1978, the date of the Department's Order
			 "Minimum Safety Standards for Construction of Type II School Buses."
3) Some standards are identified with other
			 effective dates. These standards are applicable to all school buses
			 manufactured or purchased after the identified date or during the time frame
			 specified.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 443 - INSPECTION PROCEDURES FOR TYPE II SCHOOL BUSES › ILLUSTRATION A - Stop Signal Arm Panels

Current through Register Vol. 48, No. 28, July 12, 2024
Octagon Shaped Semaphore (see Section 443.APPENDIX J
				(a))
Click here to view
				image
Hexagon Shaped Semaphore (see Section 443.APPENDIX J
				(a))
Click here to view
				image
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 443 - INSPECTION PROCEDURES FOR TYPE II SCHOOL BUSES › ILLUSTRATION F - School Bus Emergency Exits

Current through Register Vol. 48, No. 28, July 12, 2024
School buses manufactured on or after September 1, 1994 may be
				equipped with additional exits. These additional exit requirements apply to
				school buses with an incomplete vehicle date of on or after September 1, 1994.
				The incomplete vehicle date can be found on the bus' federal certification
				label.
Each school bus will first be equipped with either a rear
				emergency door or a side emergency door and rear emergency window as stated in
				paragraphs (a) and (b).
The following Tables specify the required number of exits
				depending on the vehicle's passenger capacity and emergency exit
				configuration.
a) One rear emergency
			 door that opens outward and is hinged on the right side (either side in the
			 case of a bus with a GVWR of 10,000 pounds or less), and the additional exits,
			 if any, specified by Table 1.
TABLE 1
Seating Capacity
Additions exists
required
1-45
None.
45-62
1 left side exit door or 2 exist windows
63-70
1 left side exit door or 2 exist windows, and 1 roof
						  exit.
71 and above
1 left side exit door or 2 exit windows, and 1 roof
						  exit, and any combination of door, roof, or windows such that the total
						  capacity credit specified in Table 3 for these exits, plus 70, is greater than
						  the seating capacity of the bus.
b) One
			 emergency door on the vehicle's left side that is hinged on its forward side
			 and a pushout rear window that provides a minimum opening clearance 16 inches
			 high and 48 inches wide, and the additional exits, if any, specified by Table
			 2.
TABLE 2
Seating
Capacity
Additional exits
required
1-57
None.
58-74
1 right side exit door or 2 exit windows, and 1 roof
						  exit.
75-82
1 right side exit door or 2 exit windows, and 1 roof
						  exit.
83 and
above
1 right side exit door or 2 exit windows, and 1 roof
						  exit, and any combination of door, roof, or windows such that the total
						  capacity credit specified in Table 3 for these exits, plus 82, is greater than
						  the seating capacity of the bus.
TABLE 3
Exit Type
Capacity Credit
Side Door
16
Window
8
Roof Exit
8
AGENCY NOTE: In order to explain the use of Table 3, the
				following example is provided:
The owner/operator of a 75 passenger bus can choose
				either a side door, window or roof exit to meet the additional exit
				requirements with buses with a seating capacity of 71 and above. If the
				owner/operator chooses a side door, he/she would add 16 and 70 for a sum of 86.
				As long as the sum is greater than the original passenger capacity of the bus,
				the exit choice is acceptable.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 444 - CONSTRUCTION STANDARDS FOR SCHOOL BUSES USED IN SPECIAL TRANSPORTATION › Section 444.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Gross Vehicle Weight Rating" or "GVWR" means the value
				specified by the manufacturer as the loaded weight of a single
				vehicle.
(IVC Section 1-124.5)
"Individualized Education Program" or "IEP" means a written
				statement for a child with a disability that is developed, reviewed, and
				revised in accordance with
				34 CFR
				300.320 (Definition of individualized
				education program) through
				34 CFR
				300.324 (Development, review, and revision of
				IEP). ( 34 CFR 300.20 )
"Special Transportation" means transportation services that are
				required in accordance with a child's IEP or because of the location of the
				special education program or related services, and that are in addition to the
				regular transportation services provided by or for a local school
				district.
"Type I School Bus" means a school bus with a Gross
				Vehicle Weight Rating more than 10,000 pounds.
(IVC Section
				1-213.4)
"Type II School Bus" means a school bus with a Gross
				Vehicle Weight Rating of 10,000 pounds or less.
(IVC Section
				1-213.5)
"Wheelchair" means a wheeled seat frame for the support and
				conveyance of a physically disabled person, comprised of at least a frame,
				seat, and wheels. (
				49
				CFR 571.222 )
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 444 - CONSTRUCTION STANDARDS FOR SCHOOL BUSES USED IN SPECIAL TRANSPORTATION › Section 444.10 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 school bus used for transporting children declared eligible for special
			 transportation services shall comply with the applicable minimum safety
			 standards for either a Type I or Type II school bus. (See 92 Ill. Adm. Code 440
			 and 442.)
b) Due to the nature of
			 certain challenging conditions, vehicles utilized for special transportation
			 shall be adapted to the specific needs of the children receiving this service.
			 These needs may require modification of the minimum standards.
c) Equipment (e.g., additional restraints,
			 harnesses) necessary for the transportation of special education students must
			 be resolved in the student's IEP.
d) Certain children may be better transported
			 in a manner not required by
			 49
			 CFR 571.222 or this Part. In those instances,
			 the child's IEP must dictate what is necessary for the child and may override
			 any existing regulation, provided the safety of other passengers is not
			 jeopardized.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 444 - CONSTRUCTION STANDARDS FOR SCHOOL BUSES USED IN SPECIAL TRANSPORTATION › Section 444.15 - Incorporation by Reference of Federal Motor Vehicle Safety Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Buses that
			 transport persons in wheelchairs shall comply with the applicable standards
			 established in
			 49
			 CFR 571.222 (October 1, 2017).
b) If equipped, power lifts shall meet the
			 public use lift requirements set forth in
			 49 CFR
			 571.403 (October 1, 2017), Platform Lift
			 Systems for Motor Vehicles, and
			 49
			 CFR 571.404 (October 1, 2017), Platform Lift
			 Installations in Motor Vehicles. (See Section
			 444.20
			 for additional requirements.)
c)
			 All materials incorporated by reference in this Section are incorporated as of
			 the date specified and do not include any later amendments or
			 editions.
d) Copies of the above
			 materials incorporated by reference are available for inspection at the
			 Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL
			 62764 or by calling (217)785-1181. The federal standards are also available on
			 the U.S. Government Publishing Office's website at
			 http://www.ecfr.gov.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 444 - CONSTRUCTION STANDARDS FOR SCHOOL BUSES USED IN SPECIAL TRANSPORTATION › Section 444.20 - Special Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Special Service Door: A special service door may be located on the right side
			 (i.e., passenger side) of the bus.
1) The door
			 or doors, when open, shall not obstruct the passenger's side front service
			 entrance door. The door opening shall be adequate to accommodate a
			 wheelchair.
2) A device or devices
			 shall be installed that will actuate an audible or visible signal (i.e., alarm
			 or lamp) located in the driver's compartment, when the door opening is not
			 securely closed.
3) Each door shall
			 contain a fixed window as nearly as practical aligned with and of the same size
			 as the other windows on the right side of the bus.
4) A positive fastening device shall be
			 installed to hold the door or doors in an open position. Each hinged door shall
			 open outwards and not extend past the rear bumper when in the fully open
			 position. When the special service door or doors are completely open for
			 loading and unloading a passenger in a wheelchair and being held by the
			 fastening device, the audible alarm may be deactivated.
5) Door panels shall be constructed to be
			 equivalent in strength and materials to other doors in the school
			 bus.
6) Door opening posts and
			 headers shall be reinforced sufficiently to provide support and strength
			 equivalent to the driver's side of the bus. Outriggers from the chassis shall
			 be installed at the front and/or rear of the door opening as necessary to
			 support the floor so that it will carry the same passenger and/or cargo loads
			 as other floor portions.
7)
			 Requirements for Bi-Parting Doors only:
A) The
			 door shall consist of two panels of approximately equal width hinged to the
			 side of the bus and each panel shall open outward. Forward panels shall be
			 provided with an overlapping flange to close the space where the door panels
			 meet. Weatherstripping shall be provided to close all door edges.
B) The rear door panel shall be equipped with
			 at least one manually operated fastening device connecting the panel to the
			 floor or header. The forward door panel shall be equipped with at least two
			 manually operated fastening devices, one to connect the panel to the floor and
			 one to connect the panel to the header.
8) Special Lamp: A lamp shall be placed
			 inside the bus above the special service door opening. The lamp shall
			 illuminate the floor inside the opening and shall be operated from the lift
			 door area or by the lift door latch.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 445 - INSPECTION PROCEDURES FOR SPECIAL EDUCATION SCHOOL BUSES › Section 445.10 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Each school bus which is operated for transporting passengers who are persons
			 with disabilities shall be equipped with an appropriate restraining or safety
			 device for each such passenger. (Section 12-810 of the Illinois Vehicle
			 Equipment Law)
b) This Part
			 prescribes the requirements of the Illinois Department of Transportation
			 governing:
1) Implementation of Article VIII
			 of the Illinois Vehicle Equipment Law [625 ILCS 5 /Ch. 12, Art. VIII];
			 and
2) Inspection procedures for
			 special education school buses.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 445 - INSPECTION PROCEDURES FOR SPECIAL EDUCATION SCHOOL BUSES › Section 445.20 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to the following persons:
a) Department personnel;
b) Owners of Official Testing
			 Stations;
c) Employees of Official
			 Testing Stations;
d) School bus
			 operation managers; and
e) School
			 bus drivers.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 445 - INSPECTION PROCEDURES FOR SPECIAL EDUCATION SCHOOL BUSES › Section 445.25 - Incorporation by Reference of Federal Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever this Part refers to the Code of Federal Regulations
				and that reference incorporates the federal regulations by reference, the
				federal regulations incorporated shall be that which was effective as of
				October 1, 1996, not including any later amendments or editions. Copies of
				appropriate federal regulations are available for inspection at the
				Department's Commercial Vehicle Safety Section, 3215 Executive Park Drive,
				Springfield, Illinois 62703, (217) 785-1181.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 445 - INSPECTION PROCEDURES FOR SPECIAL EDUCATION SCHOOL BUSES › Section 445.30 - Standards of Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 "Shall" and "must" are used in the imperative sense. "Shall" imposes an
			 obligation to act. "Must" defines a condition that is to be satisfied. "May"
			 allows permissiveness under terms specified in the standards. "Will" indicates
			 intention, promise or willingness.
b) Words imparting the masculine gender
			 include the feminine.
c) Changes in
			 the administration of the State school bus inspection program and changes to
			 federal and State law have caused the purchase or manufacture date of school
			 buses to be critical in the application of these regulations. The effective
			 dates for some of these standards will vary.
1) Exemptions to some standards are provided
			 for school buses purchased prior to September 1974, the effective date of the
			 Department's "Vehicle Inspection Stations Governing School Buses."
2) Exemptions to some standards are provided
			 for school buses manufactured prior to March 1977, the date of the Department's
			 Order "Minimum Safety Standards for Construction of Type I School
			 Buses."
3) Exemptions are provided
			 for Type II school buses manufactured prior to October 1978, the date of the
			 Department's Order "Minimum Safety Standards for Construction of Type II School
			 Buses."
4) Some standards are
			 identified with other effective dates. These standards are applicable to all
			 school buses manufactured or purchased after the identified date or during the
			 time frame specified.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 446.101 - General Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Scope of Rules. These rules prescribe the requirements of the Illinois
				Department of Transportation governing the rates to be charged for safety test
				of school buses and prescribe the practices and procedures which shall govern
				all hearings conducted by the Department relating to rates charged by Official
				Testing Stations.
b) Applicability.
				These rules apply to every operator of an Official Testing Station conducting
				safety tests of school buses.
c)
				References. These rules shall be referred to as the "Rules on Rates for School
				Buses".
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 446.102 - Information; Special Instructions

Current through Register Vol. 48, No. 28, July 12, 2024
Information as to procedure under the rules in this Part and
				  instructions supplementing this Part in special instances, will be furnished
				  upon written application to the Director, Division of Traffic Safety, Illinois
				  Department of Transportation, 1340 North 9th Street,
				  P.O. Box 19212, Springfield, Illinois 62794-9212.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 446.103 - Communications and Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				How Addressed. All communications and pleadings should, unless otherwise
				specifically directed, be addressed and submitted to: Director, Division of
				Traffic Safety, Illinois Department of Transportation, 1340 North
				9th Street, P.O. Box 19212, Springfield, Illinois
				62794-9212. A communication should clearly designate the docket number, if any,
				and short title of any proceeding to and about which it is directed. The person
				communicating shall state his or her address, and the party he or she
				represents.
b) Timely Filing
				Required. All documents required or permitted to be filed under this Part must
				be received for filing at the offices of the Department's Division of Traffic
				Safety in Springfield, Illinois, within the time limits for that filing. The
				date of receipt at the Department and not the date of deposit in the mail is
				determinative, provided, however, that if the document is mailed by certified,
				registered, or express mail postmarked at least two days prior to the due date,
				it will be accepted as timely filed.
c) Defective Filing. When, upon inspection,
				the Department is of the opinion that a document tendered for filing does not
				comply with this Part or does not sufficiently set forth material required by
				any form of the Department, the Department may decline to accept the document
				for filing and may return it unfiled or the Department may accept it for filing
				and advise the person tendering it of the deficiency and require that the
				deficiency be corrected.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 446.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part:
"Code" means the Illinois Vehicle Code [625 ILCS 5 ].
"Commercial Vehicle Safety Section" or "Section" means a
				  section of the Bureau of Safety Programs of the Division of Traffic Safety,
				  Illinois Department of Transportation.
"Department" means the Department of Transportation of the
				  State of Illinois, acting directly or through its duly authorized officers and
				  agents. (Section 1-115.05 of the Code)
"Director" means the Director of the Division of Traffic
				  Safety of the Illinois Department of Transportation.
"Division" means the Illinois Department of Transportation,
				  Division of Traffic Safety.
"Official Testing Station" means all contiguous real and
				  personal property that houses the testing lanes and all equipment and supplies
				  relating to the safety testing of vehicles.
"Person" means every natural person, firm, copartnership,
				  association or corporation. (Section 1-159 of the Code)
"Rate" or "Charge" means the monetary charge to any person
				  offering a school bus for a safety test pursuant to Section 13-106 of the
				  Code.
"Safety test" means the inspection of vehicles and components
				  required to be tested by the Illinois Vehicle Equipment Law [625 ILCS 5/12-101
				  through 12 -902], the Illinois Vehicle Inspection Law [625 ILCS 5/13-100.1
				  through 13-117] and 92 Ill. Adm. Code 451, Administrative Requirements for
				  Official Testing Stations.
"School bus" means every motor vehicle, except as provided in
				  this definition, owned or operated by or for any of the following entities for
				  the transportation of persons regularly enrolled as students in grade 12 or
				  below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious
				  institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or
				  common carrier authorized to conduct local or interurban transportation of
				  passengers when such bus is not traveling a specific school bus route but
				  is:
On a regularly scheduled route for the transportation of
				  other fare paying passengers;
Furnishing charter service for the transportation of groups
				  on field trips or other special trips or in connection with other special
				  events; or
Being used for shuttle service between attendance centers or
				  other educational facilities.
A motor vehicle of the first division.
A multifunction school-activity bus. (See Section 1-182 of
				  the Code.)
"Secretary" means the Secretary of the Illinois Department of
				  Transportation.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 446.105 - Rules of Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				these Rules unless the context required otherwise:
1) Words imparting the singular include the
				plural;
2) Words imparting the
				plural include the singular;
3)
				Words imparting the masculine gender include the feminine.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 446.106 - Regulatory Dockets

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Information and data relating to Department actions pursuant to this Part are
				maintained by the Bureau of Safety Programs, Division of Traffic Safety,
				Illinois Department of Transportation, 1340 North
				9th Street, P.O. Box 19212, Springfield, Illinois
				62794-9212.
b) Any person may
				examine and copy any docketed material at the offices of the Division during
				regular business hours.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart A - RULES OF GENERAL APPLICABILITY › Section 446.107 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
Any person either involved in or entitled to participate in
				  proceedings may appear as follows:
a)
				A natural person may appear in his own behalf or through counsel of his
				choice;
b) A business, non-profit
				or governmental organization may appear by an officer, employee or
				representative, or may be represented by counsel of its choice;
c) Any attorney appearing in a representative
				capacity shall file a written notice of appearance.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart B - DOCUMENT SPECIFICATIONS GENERALLY › Section 446.201 - Typographical Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided, all documents shall be
				  typewritten or reproduced from typewritten copy on unglazed white paper
				  measuring 81/2" x 11". Margins of at least one inch shall be allowed on the
				  left and right margins. Reproduction of documents may be by any process
				  provided the copies are clear and permanently legible. Typewritten documents
				  must be double-spaced, except that long quotations may be single-spaced and
				  indented. Lengthy documents should be accompanied by an index. Failure to
				  observe these specifications may result in rejection.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart B - DOCUMENT SPECIFICATIONS GENERALLY › Section 446.202 - Copies

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided in these rules, an original copy
				  of all documents, including complaints, motions, petitions and notices of
				  appeal, shall be filed with the Director and shall bear the docket number and
				  the title of the proceeding in connection with which they are
				  filed.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart B - DOCUMENT SPECIFICATIONS GENERALLY › Section 446.203 - Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Computation. In
				computing any period of time prescribed or allowed by these rules, the day of
				the act, event, or default after which the designated period of time begins to
				run is not to be included. The last day of the period so computed is to be
				included unless it is Saturday, Sunday, or a legal holiday in the State of
				Illinois, in which event the period runs until the end of the next day which is
				neither a Saturday, Sunday nor a holiday. This rule shall apply to the
				measurement of time forward, as well as backward from a specified
				date.
b) When the date designated
				for filing briefs or other documents is a Saturday, Sunday or a legal holiday
				in the State of Illinois, that date shall be extended to the next day which is
				neither a Saturday, Sunday nor a legal holiday in the State of
				Illinois.
c) Modification. Any time
				period may, upon request and for good cause shown, be modified by the Director
				in his discretion. Request for extensions or modifications of time must be
				served on all parties at the same time and by the same method of communication
				as service is made on the Department. Only the original of the request need be
				filed with the Department.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart B - DOCUMENT SPECIFICATIONS GENERALLY › Section 446.204 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each order,
				notice, or other document required to be served under these Rules shall be
				served personally or by first class, registered or certified mail, except as
				otherwise provided.
b) Service upon
				a person's duly authorized representative constitutes service upon that
				person.
c) Service by registered or
				certified mail is complete upon mailing. An official United States Postal
				Service receipt for registered or certified mail constitutes prima facie
				evidence of service.
d) One copy of
				each order, notice or other document must be served on each party. Service on
				any party shall be by the same means employed in serving all other
				parties.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 446.301 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				operator of an Official Testing Station shall make, establish, implement,
				collect or otherwise enforce any rate or charge or schedule of rates or charges
				for performing a safety test for any school bus unless that rate or charge or
				schedule of rates or charges has been made or established in accordance with
				the provisions of this Part.
b) No
				operator of an Official Testing Station shall change any rate or charge or
				schedule of rates or charges unless that change has been made in accordance
				with the provisions of this Part.
c) No applicant for a school bus Official
				Testing Station permit shall be issued that permit unless the applicant, in
				accordance with the provisions of this Part, has filed with the Department a
				proposed schedule of rates and charges and the Department has approved that
				schedule.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 446.302 - Application for Rate Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every operator of a currently licensed
				school bus Official Testing Station must file with the Department a schedule of
				all rates and charges intended to be made by the applicant for performing a
				safety test on school buses and for which he or she seeks the approval of the
				Department. Each application for approval shall be submitted on the form
				provided by the Department by mailing or delivering that form to: Commercial
				Vehicle Safety Section, Illinois Department of Transportation, 1340 North
				9th Street, P.O. Box 19212, Springfield, Illinois
				62794-9212.
b) Each applicant for
				an Official Testing Station Permit shall file with the Department a proposed
				schedule of all rates and charges intended to be made by the applicant for
				performing a safety test on school buses and for which he or she seeks the
				approval of the Department. Each application made under this subsection (b)
				shall be filed by the applicant with his or her application for a station
				permit pursuant to 92 Ill. Adm. Code 451 - Administrative Requirements for
				Official Testing Stations. The applicant shall submit his or her proposed
				schedule on the form provided by the Department by mailing or delivering that
				form to: Commercial Vehicle Safety Section, Illinois Department of
				Transportation, 1340 North 9th Street, P.O. Box
				19212, Springfield, Illinois 62794-9212.
c) A schedule of rates and charges filed with
				the Department under subsections (a) and (b) of this Section shall include an
				amount to reimburse the operator of an Official Testing Station for the
				purchase from the Department of the Certificate of Safety required by Section
				13-109 of the Code. The reimbursement shall not exceed the fee paid by the
				operator to the Department for the certificate.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 446.303 - Initial Application Review

Current through Register Vol. 48, No. 28, July 12, 2024
In the case of an application for rate approval under Section
				  446.302,
				  the Section reviews the application to determine whether it is complete and
				  conforms to the requirements of this Part. This determination will be made
				  within 15 days of the receipt of the application. If the application is not
				  returned to the applicant by the end of that period, it will be processed as
				  provided in Section
				  446.304.
				  If an application is returned, the applicant will be informed in what respects
				  the application is incomplete.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 446.304 - Processing of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				and all rates and charges to be made by an operator of an Official Testing
				Station for performing a safety test on school buses shall be approved by the
				Department prior to the rates and charges becoming effective.
b) After an application for rate approval is
				determined to be complete, the Section processes the application. No public
				hearing, argument, or other formal proceeding is held directly on an
				application filed under Section
				446.302.
c) If the Section determines pursuant to
				Section
				446.402 that the
				rates and charges proposed are not just and reasonable, it denies the
				application and notifies the applicant in writing, together with the reasons
				therefor.
d) If the Section
				determines pursuant to Section
				446.402 that the
				rates and charges proposed are just and reasonable, it grants the application
				and notifies the applicant in writing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 446.305 - Withdrawal

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant may
				withdraw an application for rate approval at any time prior to it being finally
				determined.
b) Withdrawal of an
				application does not authorize the removal of any related records from the
				dockets or files of the Division.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 446.306 - Application for Rate Change

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Any operator of an Official Testing Station who desires to change his or her
				schedule of rates and charges filed with and approved by the Department shall
				file with the Department the new schedule of rates and charges proposed to be
				made for performing a safety test on school buses.
b) Applications under subsection (a) of this
				Section shall be submitted on the form provided by the Department by mailing or
				delivering that form to: Commercial Vehicle Safety Section, Illinois Department
				of Transportation, 1340 North 9th Street, P.O. Box
				19212, Springfield, Illinois 62794-9212.
c) Applications under this Section shall
				initially be reviewed as provided in Section
				446.303
				and processed as provided in Section
				446.304.
d) Withdrawals of applications under this
				Section shall be governed by Section
				446.305.
e) If a proposed change in an applicant's
				rate or charge is disallowed or denied by the Section, an applicant may file a
				written petition under Section
				446.307. All hearings
				scheduled under this subsection (e) shall be conducted in accordance with the
				provisions of Sections
				446.501,
				446.502,
				446.503,
				446.504
				and
				446.505.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart C - RULES FOR FILING AND APPROVAL OF RATES AND CHARGES › Section 446.307 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a proposed
				rate or charge or proposed change in rates or charges is disallowed or
				disapproved by the Section, an applicant may file, within 15 days after the
				applicant is notified of the disallowance or disapproval, a written petition
				with the Director for a hearing seeking approval of its proposed rates or
				charges or proposed change in rates or charges.
b) The petition for approval of disallowed
				rates must:
1) State the name and address of
				the person making the request and of the Official Testing Station
				involved;
2) Include a statement of
				ownership of the Official Testing Station, together with the date said
				ownership commenced;
3) Include a
				statement setting forth the current rates charged by the lane
				operator;
4) Include a statement
				setting forth with particularity the reasons why the lane operator seeks to
				amend the rates currently being charged;
5) Include a statement of the new rates for
				which petitioner seeks approval;
6)
				Include, if applicable, a statement relating to the necessity of obtaining a
				change in the rates being charged; and
7) State or include any other matters upon
				which the petitioner bases his request for a hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart D - LEVEL OF RATES OR CHARGES › Section 446.401 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				and all rates or charges made by an operator of an Official Testing Station for
				performing a safety test for a school bus shall be just and
				reasonable.
b) A rate of charge is
				"just and reasonable" if it is the same, or nearly the same, as the prevailing
				rate of charge for the same or similar tests made in the community where the
				official testing station is located.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart D - LEVEL OF RATES OR CHARGES › Section 446.402 - Rates or Charges

Current through Register Vol. 48, No. 28, July 12, 2024
The following rates or charges for safety inspections of
				  school buses have been determined by the Department to be prima facie just and
				  reasonable rates or charges for the counties indicated. An application for a
				  charge or rate equal to or less than the specified charge or rate will be
				  approved. An application for a charge or rate in excess of the specified charge
				  or rate will be disapproved. If a proposed rate or charge is disapproved by the
				  Section, an applicant may appeal the disapproval to the Director under Section
				  446.307.
1
Cook, DuPage, Grundy, Kankakee, Kendall, Lake,
							 Will
$26.00
2
Boone, DeKalb, Jo Daviess, Kane, McHenry, Stephenson,
							 Winnebago
$26.50
3
Bureau, Carroll, Fulton, Henderson, Henry, Knox,
							 LaSalle, Lee, Livingston, Marshall, Mercer, Ogle, Putnam, Rock Island, Stark,
							 Warren, Whiteside
$29.00
4
Mason, Menard, Morgan, Peoria, Sangamon, Tazewell,
							 Woodford
$30.00
5
DeWitt, Logan, Macon, McLean
$28.50
6
Adams, Brown, Calhoun, Cass, Greene, Hancock, Jersey,
							 Macoupin, McDonough, Pike, Schuyler, Scott
$27.00
7
Coles, Champaign, Douglas, Edgar, Ford, Iroquois,
							 Moultrie, Piatt, Shelby, Vermilion
$31.50
8
Bond, Christian, Clay, Clinton, Effingham, Fayette,
							 Jasper, Marion, Montgomery
$32.50
9
Madison, St. Clair
$30.50
10
Jackson, Monroe, Perry, Randolph, Union,
							 Washington
$34.50
11
Alexander, Clark, Crawford, Cumberland, Edwards,
							 Franklin, Gallatin, Hamilton, Hardin, Jefferson, Johnson, Lawrence, Massac,
							 Pope, Pulaski, Richland, Saline, Wabash, Wayne, White, Williamson
$30.00
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart D - LEVEL OF RATES OR CHARGES › Section 446.403 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				upon its own initiative or upon verified complaint of any person may require
				the operator of an Official Testing Station to appear at a hearing and prove
				that the rates or charges so filed with the Department are just and
				reasonable.
b) The procedures in
				Sections
				446.601,
				446.602,
				446.603,
				446.604 and
				446.605 shall govern the
				proceedings under paragraph (a) of this Section.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 446.501 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the Department disallows the rates or charges set forth in a schedule which an
				operator has filed with the Department pursuant to Section 13-106 of the
				Illinois Vehicle Code and these Rules or any application of an operator to
				change those rates or charges, the operator may request a hearing upon
				notification of that disallowance, as provided in Section
				446.307.
b) After a petition for hearing, which
				complies with the requirement of Section
				446.307 is received, the
				Director schedules a hearing for the earliest date.
c) The Director may grant extensions of the
				time of the commencement of the hearing for good cause shown.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 446.502 - Notice and Place of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Hearings on petitions filed by operators of Official Testing Stations will be
				held at either of the offices of the Department at 201 West Center Court,
				Schaumburg, Illinois or at 1340 North 9th Street,
				Springfield, Illinois or at another location designated by the
				Department.
b) The Department shall
				give notice of the hearing to the person requesting the hearing and to the
				Department's Office of Chief Counsel.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 446.503 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a hearing
				is requested and scheduled under Section
				446.501, a
				presiding officer designated by the secretary, convenes and presides over the
				hearing. Testimony by witnesses shall be given under oath and the hearing shall
				be recorded verbatim.
b) The
				presiding officer may:
1) Administer oaths
				and affirmations;
2) Adopt
				procedures for the submission of evidence in written form;
3) Rule on offers of proof and receive
				relevant evidence;
4) Examine
				witnesses at the hearings;
5)
				Convene, recess, reconvene, adjourn and otherwise regulate the course of the
				hearing;
6) Hold conferences for
				settlement, simplification of issues, or any other proper purpose;
				and
7) Take any other action
				authorized by or consistent with the provisions of this Part and permitted by
				law which may expedite the hearing or aid in the disposition of an issue raised
				therein.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 446.504 - Presiding Officer's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
After consideration of the evidence of record, the presiding
				  officer may dismiss the petition in whole or in part, and enter an order to
				  that effect. If he does not dismiss it in whole, he will issue and serve on the
				  parties an order approving the rate(s) or change in rate(s) determined by the
				  presiding officer to be just and reasonable. The order will include a statement
				  of findings and conclusions as well as the reasons therefor on all material
				  issues of fact, law and discretion.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart E - HEARINGS ON PETITIONS FOR APPROVAL OF DISALLOWED RATES AND APPEALS › Section 446.505 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
A petitioner aggrieved by a presiding officer's decision and
				  order issued under Section
				  446.504
				  may file an appeal with the Secretary. The appeal must be filed within ten days
				  of service of the presiding officer's order. A decision by the Secretary is
				  administratively final.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 446.601 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the
				Department upon its own initiative, or upon verified complaint of any person,
				intends to convene a hearing for the purpose of requiring the operator of an
				Official Testing Station to prove that the rates filed by that operator are
				just and reasonable, the Department begins the proceeding by serving a Notice
				on the operator.
b) The Notice
				required by paragraph (a) of this section shall include:
1) A statement of the provision(s) of the law
				and regulations which the operator is believed to be violating;
2) A statement of the factual allegation(s)
				upon which the Department relies in its belief that the rates and charges filed
				by this operator are unjust or unreasonable;
3) A statement of the remedial action being
				sought by the Department;
4) A
				statement of the operator's right to present written or oral explanations,
				information or any materials in answer to the allegations;
5) A statement of the operator's right to
				request a hearing and the procedures for requesting a hearing.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 446.602 - Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever any
				person intends to complain to the Department about the justness or
				reasonableness of any rate or charge filed by any operator with the Department,
				that person shall make the complaint in writing and mail or submit it to:
				Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340
				North 9th Street, P.O. Box 19212, Springfield,
				Illinois 62794-9212.
b) Each
				complaint shall include:
1) the name, address
				and telephone number of the person making the complaint;
2) a statement whether the complainant owns
				or operates an Official Testing Station, and if applicable, the name, business
				address and telephone number of that Official Testing Station;
3) the name and, if known, the business
				address, of the operator against whom the person complains;
4) A description or statement of the rates
				about which the person complains;
5) a statement setting forth in detail the
				specific facts and reasons why the person believes the rates about which that
				person complains are unjust or unreasonable; and
6) any information, document or other matters
				upon which the person relies.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 446.603 - Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 20 days
				of the service of a notice issued under Section
				446.601, the operator may:
1) File with the Department a sworn statement
				by which the operator consents to withdraw the contested rate(s) filed by him
				and states that the operator will not charge any such rate(s) for the matters
				covered by that rate(s) until the operator files and has approved by the
				Department a new rate(s), and thereby close the case; or
2) Request a hearing as provided in Section
				446.604.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 446 - RATES TO BE CHARGED BY OFFICIAL TESTING STATIONS FOR SCHOOL BUSES › Subpart F - COMPLAINTS OF UNREASONABLE OR UNJUST RATES › Section 446.604 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				an operator elects to request a hearing, he shall submit a written request to
				the Director. The request must:
1) State the
				name and address of the operator and of the person signing the request if
				different from the operator;
2)
				State with respect to each allegation whether it is admitted or denied;
				and
3) State with particularity the
				issues to be raised by the operator at the hearing.