Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1060 - COMMERCIAL DRIVER TRAINING SCHOOLS › Section 1060.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, the following definitions shall
				apply:
"Administrator" - any individual who is employed by or acts on
				behalf of a high school who administers a State approved high school driver
				education program.
"Adult Driver Education Course" - a six hour classroom or
				online course of driver education for persons ages 18, 19 or 20 offered by an
				adult driver education course provider.
"Adult Driver Education Course Provider" or "Provider" - an
				entity certified by the Secretary of State to provide an adult driver education
				course in a classroom setting, which also may be certified to offer an adult
				driver education course online.
"Branch Office" - an office of a commercial driver training
				school in a distinct location from the main office, but that conducts business
				under the name and as a part of the school as provided in IVC Article IV and
				that meets the requirements of Section
				1060.50.
"Business Day" - any day that the Office of the Secretary of
				State Commercial Driver School Division is open, i.e., Monday through Saturday,
				excluding State holidays.
"Cancellation" - the without prejudice annulment or termination
				by formal action of the Secretary of a driver training school's license or a
				driver training school instructor's license because of some error or defect in
				the license or because the licensee is in some form of violation of any of the
				requirements in the Illinois Vehicle Code or Illinois Administrative Code. The
				annulment or termination shall not be subject to renewal or restoration, except
				that an application for a new license shall be presented and acted upon by the
				Secretary after the licensee demonstrates compliance with the provisions of
				this Part for which the cancellation was issued.
"CDL Accreditation" - the accreditation of a commercial driver
				training school by the Department that allows the school to offer instruction
				to students who wish to obtain a CDL and/or endorsement.
"CDL Study Guide" - a study guide, compiled by the Secretary of
				State from information contained in the Illinois Vehicle Code and 49 CFR 383,
				that is designed to aid drivers in preparing for a CDL examination.
"Commercial Driver's License" or "CDL" - a license
				issued by a state or other jurisdiction, in accordance with the standards
				contained in 49 CFR 383
(2020; this incorporation includes no later
				amendments or editions)
, to an individual, which authorizes the
				individual to operate a certain class of commercial motor vehicle as defined in
				IVC Section 1-111.6.
"Commercial Driver Training School" - an entity licensed by the
				Secretary of State to engage in the business of giving instruction for a fee in
				the driving of motor vehicles or in the preparation of an applicant for
				examination given by the Secretary of State for a driver's license or permit.
				This definition does not include school districts and regional offices of
				education that share the cost of providing entry-level driving training for
				current and prospective school bus driver applicants of the district, so long
				as no fee is charged to the school bus driver applicant.
"Commercial Driver Training Section" - a unit of the Department
				of Driver Services that oversees the licensing of commercial driving schools
				and the instructors in commercial driver training schools.
"Commercial Motor Vehicle" or "CMV" -
a motor vehicle
				used in commerce
, except those referred to in Section 6-500(6)(B) of
				the Illinois Vehicle Code,
designed to transport passengers or property
				if
:
the vehicle has a Gross Vehicle Weight Rating
(GVWR)
of 26,001 pounds or more
or a lesser GVWR subsequently
				determined by federal regulations (49 CFR 383 (2020)); or
any combination of vehicles with
a Gross Combination
				Weight Rating
(GCWR)
of 26,001 pounds or more
,
				provided the GVWR of any vehicle or vehicles being towed is
10,001
				pounds or more
; or
the vehicle is designed to transport 16 or more
				persons
; or
the vehicle is transporting hazardous
				materials
and is required to be placarded in accordance with 49 CFR
				172, subpart F (2020). [625
				ILCS 5/6-500(6) ]
"Defined Time Frame Course" - A teen accredited 30 hour
				classroom course that must be distributed regularly over a minimum period of 4
				complete weeks and must have definite starting and completion dates. Students
				may not be absent for more than 4 class sessions (8 clock hours) of the
				course.
"Department" - the Department of Driver Services within the
				Office of the Secretary of State.
"Endorsement" - an indication on the driver's license that the
				driver has qualified to operate certain types and/or combinations of vehicles,
				and/or carry specified cargo.
"Enhanced Instruction Report" - a report submitted on a form
				prescribed by the Department showing the name, address, and number of
				behind-the-wheel instruction periods taken for every student who has had 25
				hours of behind-the-wheel instruction.
"Entry-level driver training" - the training an
				entry-level driver receives from an entity listed on the Federal Motor Carrier
				Safety Administration's Training Provider Registry
(
https://tpr.fmcsa.dot.gov/
)
prior to:
taking the CDL skills test required to receive the
				Class A or Class B CDL for the first time;
taking the CDL skills test required to upgrade to a
				Class A or Class B CDL; or
taking the CDL skills test required to obtain a
				passenger or school bus endorsement for the first time or the CDL knowledge
				test required to obtain a hazardous materials endorsement for the first
				time.
[625
				ILCS 5/6-500 (15.2) ]
"Fraud" - includes anything calculated to deceive, whether it
				be a single act or combination of circumstances, whether the suppression of
				truth or the suggestion of what is false, whether it be by direct falsehood or
				by innuendo, by speech or by silence.
"Gross Vehicle Weight Rating" or "GVWR" - the value
				specified by the manufacturer or manufacturers as the maximum loaded weight of
				a single vehicle. The GVWR of a combination of vehicles (commonly referred to
				as the "Gross Combination Weight Rating" or "GCWR") is the GVWR of the power
				unit plus the GVWR of the towed unit or units. In the absence of a value
				specified by the manufacturer, GCWR is determined by adding the GVWR of the
				power unit and the total weight of the towed unit and any load on the
				unit
. [625
				ILCS 5/1-124.5]
"Hazardous Materials" - any material that has been designated
				as hazardous under
				49 U.S.C.
				5103 and is required to be placarded under
				subpart F of 49 CFR 172 (2020) or any quantity of a material listed as a select
				agent or toxin in 42 CFR 73 (2020).
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" - 625 ILCS
				5.
"Instruction Record" - records kept by the instructor to
				reflect the number of hours a pupil in a commercial driver training school
				attends behind-the-wheel and classroom instruction as provided in IVC Section
				6-418.
"Main Office" - the primary office of the commercial driver
				training school that is designed solely for conducting the business of the
				school as provided in Article IV of the Illinois Driver Licensing Law of the
				Illinois Vehicle Code.
"Misrepresentation" - a false statement of a substantive fact,
				or any conduct that leads to a belief of a substantive fact material to proper
				understanding of the matter in hand, made with intent to deceive or
				mislead.
"Physical Facilities" - the building and items that constitute
				part of the building, including the telephone and the furniture.
"Questionnaires" - any and all written examinations and/or
				forms, including but not limited to the "Illinois Driver's License Written
				Examination Basic and Classification "D" and "Identification of Signs, Shapes
				and Colors" forms.
"Restriction" - the notation on a driver's license or permit
				indicating requirements deemed applicable to the licensee by the Department to
				assure safe operation of a motor vehicle.
"Revocation" - the termination by formal action of the
				Secretary of a commercial driver training school's license or a commercial
				driver training school instructor's license. The termination shall be subject
				to renewal or restoration identical to the provisions for revocation of a
				driver's license as provided in IVC Section 1-176.
"Sequential Module Course" - A teen accredited 30 hour
				classroom course that students must take in the proper sequential order
				indicated in the school's classroom content curriculum submitted to and
				approved by the Secretary of State. The course must be completed within 9
				months after the first classroom session attended.
"Sex and Drug Related Offenses" - offenses of criminal sexual
				assault [720
				ILCS 5/12-13 ], aggravated criminal sexual assault
				[720
				ILCS 5/12-14 ], criminal sexual abuse [720
				ILCS 5/12-15 ], aggravated criminal sexual abuse
				[720
				ILCS 5/12-16 ], juvenile pimping [720 ILCS 5/11-19.1],
				soliciting for a juvenile prostitute [720 ILCS
				5/11-15.1], unauthorized manufacture or delivery of a
				controlled substance, including counterfeit drugs [720
				ILCS 570/401 ], sale, delivery or exchange of
				instruments used for illegal drug use or abuse [720 ILCS 5/22-51 ], delivery of
				a controlled substance, including counterfeit and look alike substances
				[720 ILCS
				570/407 ], manufacture or delivery of cannabis
				[720 ILCS
				550/5 ], delivery of cannabis [720 ILCS
				550/7 ], the production of the cannabis plant
				[720 ILCS
				550/8 ], illegal possession in a motor vehicle of any
				controlled substance or any cannabis [625
				ILCS 5/6-206(a)(28) ], the criminal
				transmission of HIV [720
				ILCS 5/12-16.2], exploitation of a child
				[720 ILCS 5/11-19.2],
				controlled substance trafficking [720 ILCS 570/401.17 ], cannabis trafficking
				[720 ILCS
				550/5.1 ], delivery of cannabis on school grounds
				[720 ILCS
				550/5.2 ], calculated criminal cannabis conspiracy
				[720 ILCS
				550/9 ], calculated criminal drug conspiracy
				[720 ILCS
				570/405 ], and criminal drug conspiracy [720 ILCS
				570/405.1 ].
"Short Review Course" - a course offered by commercial driver
				training schools to pupils who have previously held or currently hold a valid
				driver's license and that does not meet the requirement of 6 hours of classroom
				instruction and 6 hours behind-the-wheel instruction.
"Surety Bond" - a written obligation whereby a person assumes
				liability for another person's debts or defaults of obligation.
"Suspension" - the procedures for temporary withdrawal of a
				commercial driver training school's license or commercial driver training
				school instructor's license identical to the provisions for the suspension of a
				driver's license as provided in IVC Section 1-204.
"Teen Accreditation" - the accreditation of a commercial driver
				training school by the Department that allows the school to offer instruction
				to pupils under age 18.