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Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.82 - Administration of Road Test

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.90 - Inspection of School Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.100 - Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.120 - Requirements to Obtain and Retain a Driver Training Instructor's License

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.130 - Examination for Driver Training Instructor

Current through Register Vol. 48, No. 28, July 12, 2024
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).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.140 - Temporary Permit

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.150 - Driver Training School Responsibility for Employees

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.160 - Solicitation of Students and Pupils for Commercial Driver Training Instruction

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.170 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.180 - Teen Accreditation

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.181 - Teen Accreditation Classroom and Behind-the-Wheel Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.190 - Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training School's License, Teen Accreditation, CDL Accreditation, and Instructor's License

Current through Register Vol. 48, No. 28, July 12, 2024
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)].
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.200 - Commercial Driver's License, Endorsement, Accreditation

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.270 - Operations During COVID-19 Pandemic

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.15 - Unlicensed Person May Not Operate Enhanced Skills Driving School

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.20 - Requirements for Enhanced Skills Driving School Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.25 - Enhanced Skills Driving School Names

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.30 - Refund of Application Fees

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.35 - School Locations and Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.40 - Enhanced Skills Driving School Student Instruction Record

Current through Register Vol. 48, No. 28, July 12, 2024
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).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.45 - Enhanced Skills Driving School Required Curriculum and Course of Instruction

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.50 - Enhanced Skills Driving School Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.55 - Inspection of School Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.60 - Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.65 - Safety Inspection of Enhanced Skills Driving School Motor Vehicles

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.75 - Enhanced Skills Driving School Responsibility for Employees

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.80 - Denial, Cancellation, Suspension and Revocation of Enhanced Skills Driving School's License and Instructor's License

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.85 - Reinstatement after Cancellation or Suspension

Current through Register Vol. 48, No. 28, July 12, 2024
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).
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1065 - JOINT RULES OF THE BOARD OF HIGHER EDUCATION AND ILLINOIS COMMUNITY COLLEGE BOARD: RULES ON REVERSE TRANSFER OF CREDIT › Section 1065.90 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1066 - ONLINE ONLY ADULT DRIVER EDUCATION COURSE PROVIDER CERTIFICATION › Section 1066.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise noted, the following definitions shall apply
				to this Part:
"Applicant" - an entity applying for certification as an online
				only adult driver education course provider. Every officer, owner, director,
				partner and/or manager is subject to this Part.
"Certification" - a document issued by the Department that
				authorizes the entity named in the document to offer an online only adult
				driver education course.
"Consumer Information" - name, address, date of birth, gender,
				email address and payment information, including credit card and bank account
				numbers or electronic payment data of students who are enrolled in or have
				completed an adult driver education course.
"Department" - the Commercial Driving Training School Division
				within the Department of Driver Services within the Office of the Secretary of
				State.
"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.
"Online Only Adult Driver Education Course Provider" or
				"Provider" - an entity or person certified by the Secretary of State to provide
				an adult driver education course solely online.
"Secretary of State" or "Secretary" - the Secretary of State of
				the State of Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1066 - ONLINE ONLY ADULT DRIVER EDUCATION COURSE PROVIDER CERTIFICATION › Section 1066.10 - Certification Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 person, firm, association, partnership or corporation shall operate as a
			 provider or engage in the business of providing an online only adult driver
			 education course unless a certification has been issued by the
			 Secretary.
b) No provider may
			 remain in operation if its certification to operate as a provider is suspended,
			 revoked, canceled or not renewed.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1066 - ONLINE ONLY ADULT DRIVER EDUCATION COURSE PROVIDER CERTIFICATION › Section 1066.20 - Requirements for Online Only Adult Education Course Providers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Secretary of
			 State shall not issue, or shall deny, cancel, suspend or revoke, an online only
			 adult education course provider certification:
1) Unless the applicant/provider is of good
			 moral character. In making a determination of good moral character, the
			 Department is not limited to, but may consider, the following:
A) Whether the applicant/provider has been
			 convicted of a felony or a misdemeanor. The Department shall consider:
i) The relationship of any crime of which the
			 applicant/provider has been convicted to the ability to operate an online only
			 adult driver education course;
ii)
			 The length of time that has elapsed since the applicant's/provider's last
			 criminal conviction;
iii) Whether
			 the applicant/provider successfully completed any sentence imposed with the
			 convictions;
iv) Whether the
			 applicant/provider has multiple convictions for felony or misdemeanor
			 offenses.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1066 - ONLINE ONLY ADULT DRIVER EDUCATION COURSE PROVIDER CERTIFICATION › Section 1066.30 - Online Only Adult Driver Education Course Provider Names

Current through Register Vol. 48, No. 28, July 12, 2024
a) No provider 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 provider, as distinguishable is defined
			 in 14 Ill. Adm. Code
			 150.440.
b) No provider 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 provider 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 provider shall operate under an assumed
			 name, unless the provider complies with all provisions of the Assumed Business
			 Name Act [805 ILCS 405 ].
e) No
			 provider shall change its name unless 30 days prior written notice is given to
			 the Department stating the change of name. Upon receipt of notice of name
			 change, the Department shall, without an application fee, require the provider
			 to complete an amended application for certification in the form and manner
			 prescribed for original applicants.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1066 - ONLINE ONLY ADULT DRIVER EDUCATION COURSE PROVIDER CERTIFICATION › Section 1066.40 - Online Only Adult Driver Education Course Required Instruction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Providers must
			 provide 6 hours of online driver education instruction in accordance with the
			 course content set forth in Section
			 1066.45.
1) A minimum of 360 minutes of instruction
			 must be provided.
2) Each student
			 must complete the instruction within 30 days after commencement of
			 instruction.
3) The material
			 presented in the course shall be edited for grammar, punctuation and spelling
			 and be of such quality that it does not detract from the subject
			 matter.
4) Advertisement of goods
			 and services shall not appear during instructional time. Material not related
			 to the topic being presented shall not appear during instructional
			 time.
5) To demonstrate that the
			 course contains a minimum of 360 minutes of instruction, the following
			 calculations shall be used:
A) For written
			 material that is read by the student, count the total number of words in the
			 written sections of the course. Divide the word count by 180, the average
			 number of words that a typical student reads per minute. The result equals the
			 time associated with the material for the written sections.
B) For multimedia presentation, including
			 simulators, video and animation, calculate the total amount of time it takes
			 for all multimedia presentations to play, which shall not exceed 120
			 minutes.
C) Assign one minute for
			 each chart or graph.
D) If the sum
			 of the time associated with written course material, multimedia presentations,
			 and graphs equals or exceeds 360 minutes, the course has met the minimum
			 content time.