Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1035 - SCHOOL BUS DRIVER PERMIT › Section 1035.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, the following definitions shall
				apply:
"Active Duty" -
active duty pursuant to an executive
				order of the President of the United States, an act of the Congress of the
				United States, or an order of the Governor
(IVC Section
				6-106.1(j)).
"Adulterated Specimen" - a urine specimen that contains a
				substance not expected to be present in human urine, or contains a substance
				expected to be present, but is at a concentration so high that it is not
				consistent with human urine (see
				49 CFR
				40.3(2014) ).
"Cancellation" - the cancellation of a school bus driver
				permit - the annulment or termination by formal action of the Secretary of
				State of a person's school bus driver permit because of some error or defect in
				the permit, because the permit holder is no longer entitled to the permit,
				refusal or neglect of the person to submit to an alcohol and drug evaluation or
				submit to or fail to successfully complete the examination, in accordance with
				IVC Sections 1-110, 6-106.1 and 6-207.
"Cellular Radio Communication Device" - a device capable of
				sending or receiving telephone communications without an access line for
				service and that requires the operator to dial a number manually. It does not
				include citizens band radios or citizens band radio hybrids.
"Chain of Custody" - a procedure used to document the handling
				of the urine specimen from the time the employee gives the specimen to the
				collector until the specimen is destroyed. This procedure uses the Federal Drug
				Testing Custody and Control Form (see 49 CFR 40 (October 1, 2014)).
"Chain of Custody Form" or "CCF" - an employer copy of the
				Federal Drug Testing Custody and Control Form used to notify the employer that
				the applicant has taken a split specimen test and the results of that
				test.
"Collector" - a person who instructs and assists employees at
				a collection site, who receives and makes an initial inspection of the specimen
				provided by those employees and who initiates and completes the CCF.
"Conviction" - an unvacated adjudication of guilt, or a
				determination that a person has violated or failed to comply with the law, by a
				court of original jurisdiction or by an authorized administrative tribunal; an
				unvacated forfeiture of bail or collateral deposited to secure the person's
				appearance in court; a plea of guilty or nolo contendere accepted by the court;
				the payment of a fine or court cost, regardless of whether the imposition of
				sentence is deferred and ultimately a judgment dismissing the underlying charge
				is entered; or a violation of a condition of release without bail, regardless
				of whether the penalty is rebated, suspended or probated pursuant to IVC
				Section 6-500(8).
"Curriculum-Related School Activity" - includes from home to
				school or from school to home, tripper or shuttle service between school
				attendance centers, transportation to vocational or career center or other
				trade-skill development site or regional safe school or other school-sponsored
				alternative learning program, or a trip that is directly related to the regular
				curriculum of a student for which he or she earns credit.
"Denial" - to prohibit or disallow the privilege to obtain a
				school bus driver permit and/or the privilege to operate a school bus in
				accordance with IVC Section 6-106.1.
"Dilute Specimen" - a urine specimen with creatinine and
				specific gravity values that are lower than expected for human urine pursuant
				to
				49 CFR
				40.3.
"Disqualification" -
a withdrawal of the privilege to
				drive a commercial motor vehicle
[625 ILCS
				5/1-115.3].
"Driver" - every person who drives or is in actual
				physical control of a vehicle
[625 ILCS
				5/1-116 ].
"Employer" - any public or private school district,
				individual, corporation, partnership or association who employs school bus
				drivers licensed pursuant to IVC Section 6-106.1.
"Employer Certification/Notification" - a form prescribed by
				the Secretary of State and submitted by the employer that certifies an
				applicant has met all pre-employment conditions and all conditions for
				reapplication, or that a driver who is no longer eligible for a school bus
				driver permit has been removed from service.
"Fingerprint Process" - a method by which a person's
				fingerprints are taken for the purpose of certification of a criminal
				background investigation for a school bus driver permit and submitted to the
				Illinois Department of State Police and the Federal Bureau of Investigation
				(FBI).
"Hearing" - a hearing conducted by the Secretary of State,
				pursuant to IVC Sections 2-118 and 6-106.1, upon written request of the driver
				or applicant.
"Home State" - the States of Indiana, Michigan, Wisconsin,
				Iowa, Missouri and Kentucky, when they have issued a valid and properly
				classified driver's license.
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" - 625 ILCS
				5.
"Initial Training" - an initial training class, including
				first aid procedures, in school bus safety administered by the Illinois State
				Board of Education through the Regional Office of Education and approved by the
				Secretary of State pursuant to IVC Section 6-106.1. Initial training will
				provide sufficient practical behind-the-wheel instruction.
"Lapse" - a period of time following the expiration of a
				driver's license or school bus driver permit in which the driver can renew or
				reapply without penalty.
"Medical Examination" - a physical examination by a medical
				examiner that includes tests for drug and alcohol use and the medical
				qualifications needed to drive a school bus.
"Medical Examiner" - a person who is a licensed physician, an
				advanced practice nurse who has a written collaborative agreement with a
				collaborating physician that authorizes him or her to perform medical
				examinations, or a physician assistant who has been delegated the performance
				of medical examinations by his or her supervising physician.
"Medical Examiner's Certificate" - a form, developed by the
				Secretary of State, upon which a medical examiner records the results of a
				physical examination and certifies whether a person is qualified to apply for a
				school bus driver permit.
"Medical Review Officer" or "MRO" - a person who is a licensed
				physician and is responsible for receiving and reviewing laboratory results
				generated by an employer's drug testing program and evaluating medical
				explanations for certain drug test results (see
				49 CFR
				40.3 (October 1, 2014)).
"Military Order" - official military documents that indicate
				the date the school bus driver permit holder will be called to active duty and
				the expected date the permit holder will return from active duty.
"Miscellaneous Suspension" - a safety and family financial
				responsibility suspension, unsatisfied judgment suspension, auto emissions
				suspensions, parking ticket suspension, failure to appear suspension, failure
				to pay toll suspension, nighttime driving restriction suspension, and all
				suspensions that are rescinded and are no longer in effect.
"Multifunction School Activity Bus" or "MFSAB" - a school bus
				manufactured for the purpose of transporting 11 or more persons, including the
				driver, whose purposes do not include transporting students to and from school
				or school bus stops.
"Possession of a School Bus" - the period of time from which a
				school bus driver takes possession until the school bus driver returns
				possession of the school bus, whether or not the school bus driver is operating
				the school bus.
"Pre-Employment Conditions" - an applicant must have been
				interviewed by the prospective employer; completed a school bus driver permit
				application and prescribed medical report form; successfully passed a physical
				examination; successfully completed a fingerprint-based Illinois specific
				background check with fingerprints forwarded to the FBI for a national
				background check; and received the required initial training.
"Pre-Trip and/or Post-Trip Inspection" - requires the school
				bus driver to test the cellular radio telecommunication device or two-way radio
				and ensure it is functioning properly before the bus is operated and before
				leaving the bus at the end of each route, work shift or work day, to walk to
				the rear of the bus, and to check the bus for children or other passengers in
				the bus.
"Provisional Status" - the temporary privilege to operate a
				school bus pending completion of the FBI criminal background check.
"Random Testing" - a drug and/or alcohol test having no
				specific time pattern.
"Refresher Course" - a classroom course in school bus safety
				approved by the Secretary of State. Refresher training courses shall be a
				minimum of 2 hours in length, part of which must be first aid training, taught
				by an instructor certified by the Illinois State Board of Education under 23
				Ill. Adm. Code
				1.515.
"Repeatedly Convicted of Offenses against Laws and Ordinances
				Regulating the Movement of Traffic" - a driver for whom an order has been
				entered to suspend or revoke a license or permit under IVC Section
				6-206(a)(3).
"Repeatedly Involved as a Driver in Motor Vehicle Collisions"
				- a driver for whom an order has been entered to suspend or revoke a license or
				permit under IVC Section 6-206(a)(3).
"Rescind Order" - a removal by formal action of an order
				canceling, suspending or denying issuance of a school bus permit.
"Review of Driving Records" - a review of the applicant's
				driving record maintained by the Secretary of State or documentation from
				another licensing jurisdiction, which has been certified within 30 days prior
				to the date of application, to insure that the requirements of IVC Sections
				6-106(1), (2), (3), (9), (10), (11), (12), (13) and (14) have been met.
"School Bus" - 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 the 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 the 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 education facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of
				not
fewer
than seven nor more than 16 persons that is operated
				by or for a public or private primary or secondary school, including any
				primary or secondary school operated by a religious institution, for the
				purpose of transporting not more than 15 students to and from interscholastic
				athletic or other interscholastic or school sponsored activities
.
				[625 ILCS 5/1-182
				]
"School Bus Driver Active Duty Form" - the form submitted by
				an employer as notification of the date the school bus permit holder is placed
				on active military duty.
"School Bus Driver Inactive Status" - status of school bus
				permit while the school bus permit holder is on active military duty.
"School Bus Driver Permit" - permit issued for a period of one
				year to school bus drivers by the Office of the Secretary of State pursuant to
				IVC Section 6-106.1.
"School Bus Driver Permit Application" - the form or document
				prescribed by the Secretary of State upon which a request for a school bus
				driver permit is made.
"School Bus Driver Return From Active Duty Form" - the form
				submitted by employer as notification of the date the school bus driver permit
				holder returned from active duty.
"Secretary of State" - the Secretary of State of
				Illinois
[625 ILCS
				5/1-184 ]
.
"Serious Traffic Violation" - notwithstanding convictions that
				in and of themselves result in the immediate suspension or revocation of a
				driver's license and privilege, the following offenses or a similar violation
				of a law or local ordinance of any state relating to motor vehicle traffic
				control, other than a parking violation, shall be considered a serious traffic
				violation:
A conviction, when operating a motor vehicle, for a violation
				of or relating to:
IVC Section 11-402(a) - a motor vehicle accident involving
				damage to a vehicle;
IVC Section 11-403 - failure to stop and exchange information
				after a motor vehicle collision, property damage only;
IVC Section 11-502(a) - illegal transportation, possession or
				carrying of alcoholic liquor within the passenger area of any vehicle;
IVC Section 6-101 - operating a motor vehicle without a valid
				license or permit;
IVC Section 11-403 - failure to stop and exchange information
				or give aid after a motor vehicle collision involving personal injury or
				death;
Excessive speeding - a single speeding charge of 15 miles per
				hour or more above the legal speed limit;
IVC Section 11-503 - Reckless driving;
IVC Section 11-707(d) - passing in a no-passing zone; or IVC
				Section 11-1414 - passing a stopped school bus;
IVC Section 11-1402(b) - limitations on backing upon a
				controlled access highway;
IVC Section 11-707(b) - driving on the left side of a roadway
				in a no-passing zone;
IVC Section 11-1002(e) - failure to yield the right-of-way to
				a pedestrian at an intersection;
IVC Section 11-1008 - failure to yield to a pedestrian on a
				sidewalk;
IVC Sections 11-1201 and 11-1202 - failure to stop for an
				approaching railroad train or signal;
Any State law or local ordinance relating to motor vehicle
				traffic control, other than parking violations, arising in connection with a
				fatal traffic accident;
IVC Section 6-501 - having multiple driver's licenses;
IVC Section 6-507(a) - the requirement to have a valid
				CDL;
Improper or erratic traffic lane changes;
Following another vehicle too closely;
IVC Section 6-104(d) - possession of a valid school bus
				permit;
IVC Section 11-605 - school speed zones;
Any other similar violation of a law or local ordinance of any
				state relating to motor vehicle traffic control, other than parking violations,
				that the Secretary of State determines by administrative rule to be
				serious.
"Service Member"
-
a member of the
				Armed Services or reserve forces of the United States or a member of the
				Illinois National Guard
(IVC Section 6-106.1(j)).
"Specimen Bottle" - the bottle that, after being sealed and
				labeled according to the procedures in this Part, is used to hold the urine
				specimen during transportation to the laboratory (see
				49 CFR
				40.3 (October 1, 2014)).
"Split Specimen" - in drug testing, a part of the urine
				specimen sent to a first laboratory and retained unopened, and that is
				transported to a second laboratory in the event that the employee requests that
				it be tested following a verified positive test of the primary specimen or a
				verified adulterated or substituted test result (see
				49 CFR
				40.3 (October 1, 2014)).
"State" - a state, territory or possession of the
				United States, the District of Columbia, the Commonwealth of Puerto Rico or a
				province of the Dominion of Canada
[625 ILCS
				5/1-195 ].
"Substituted Specimen" - a specimen with creatinine and
				specific gravity values so diminished that they are not consistent with human
				urine.
"Suspension of Driver's License" - the temporary
				withdrawal by formal action of the Secretary of State of a person's license or
				privilege to operate a motor vehicle on the public highways, for a period
				specifically designated by the Secretary of State
[625 ILCS
				5/1-204 ].
"Suspension of School Bus Driver Permit" - the temporary
				withdrawal, by formal action by the Secretary of State, of a person's permit
				that grants and specifies limited privileges to operate a school bus on the
				public highways, for a period specifically designated by the Secretary of
				State.
"Waiver" - an exemption allowed under certain conditions
				rendering an ineligible applicant eligible.