Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1030 - ISSUANCE OF LICENSES › Section 1030.60 - Third-Party Certification Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of this Section, the
			 following definitions shall apply:
"Cancellation of Third-Party Certifying Entity License" - the
				annulment or termination by formal action of the Secretary of State of a
				Third-Party Certifying Entity License because of some error or defect in the
				license or because the licensee is no longer entitled to the license.
"Cancellation of Third-Party Certification Safety Officer
				License" - the annulment or termination by formal action of the Secretary of
				State of a Third-Party Certification Safety Officer License because of some
				error or defect in the license or because the licensee is no longer entitled to
				the license.
"Certify" - transmittal to the Department by a third-party
				certifying entity that an employee or member of the entity has successfully
				passed the CDL skills tests.
"Denial of Third-Party Certifying Entity License" - to prohibit
				or disallow the privilege to obtain a Third-Party Certifying Entity License by
				the Secretary of State.
"Denial of Third-Party Certification Safety Officer License" -
				to prohibit or disallow the privilege to obtain a Third-Party Certification
				Safety Officer License by the Secretary of State.
"Department" - the Department of Driver Services within the
				Office of the Secretary of State.
"Federal Motor Carrier Safety Administration" or "FMCSA" - a
				separate administration within the U. S. Department of Transportation dedicated
				to improving the safety of commercial motor vehicles and saving lives.
"Revocation of Third-Party Certifying Entity License" - the
				termination by formal action of the Secretary of State of a Third-Party
				Certifying Entity License; the termination shall not be subject to renewal or
				restoration.
"Revocation of Third-Party Certification Safety Officer
				License" - the termination by formal action of the Secretary of State of a
				Third-Party Certification Safety Officer License; the termination shall not be
				subject to renewal or restoration.
"Safety Officer" - any individual employed by a third-party
				certifying entity who is licensed by the Department to administer the CDL
				skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2018) to
				the entities' employees and members. A safety officer is equivalent to a Third
				Party Skills Test Examiner as defined in
				49
				CFR 383.5 (October 1, 2018).
"Skills Tests" - Those tests specified in subparts G and H of
				49 CFR 383 (October 1, 2018).
"Suspension of Third-Party Certifying Entity License" - the
				temporary withdrawal by formal action of the Secretary of State of a
				Third-Party Certifying Entity License for a period specifically designated by
				the Secretary.
"Suspension of Third-Party Certification Safety Officer
				License" - the temporary withdrawal by formal action of the Secretary of State
				of a Third-Party Certification Safety Officer License for a period specifically
				designated by the Secretary.
"Third-Party Certification License" - a license issued by the
				Secretary of State to a third-party certifying entity that allows the entity to
				participate in the third-party certification program.
"Third-Party Certification Program" - a Secretary of State
				program that allows a third-party entity to administer the CDL skills tests
				specified in subparts G and H of 49 CFR 383 (October 1, 2018) to its employees
				or members.
"Third-Party Certifying Entity" or "Entity" - an entity
				licensed by the Secretary of State to participate in the third-party
				certification program. A third-party certifying entity is equivalent to a third
				party tester as defined in
				49
				CFR 383.5 (October 1, 2018).
b) The Department shall not
			 require an actual demonstration of the ability of the driver applicant to
			 operate and exercise ordinary and reasonable control of a motor vehicle when
			 the driver applicant has successfully completed the CDL skills tests
			 administered by a safety officer of a third-party certifying entity, if the
			 entity complies with the following requirements:
1) License Required - No person, firm,
			 association, partnership or corporation shall operate a third-party
			 certification program unless a license has been issued by the Secretary of
			 State. When an application is submitted for an original third-party
			 certification license or Safety Officer License, the applicant or applicants
			 shall not conduct any business as a third-party certifying entity or safety
			 officer until a license is issued by the Department pursuant to the
			 requirements of subsections (d) and (i).
2) Certify Only Employees or Members - A
			 third-party certifying entity shall certify only those driver applicants who
			 are employed by and on the payroll of the entity at the time of certification.
			 Third-party entities that are unions or fire departments shall certify only
			 those driver applicants who are members at the time of certification.
3) A third-party certifying entity shall not
			 enter into any agreement with employees/members it certifies that provides for
			 compensation, reimbursement or any form of consideration, including but not
			 limited to monies, credits, services or payroll withholding, payable to the
			 third-party entity, in exchange for training and/or testing from the
			 employee/member who is certified.
4) A third-party certifying entity shall not
			 accept compensation, reimbursement or any form of consideration, including but
			 not limited to monies, credits, services or payroll withholding, in exchange
			 for training and/or testing from any employee/member who is
			 certified.
5) A third-party
			 certifying entity shall not engage in or permit any type of fraudulent
			 activity, with reference to either any certified individual or the Secretary of
			 State.
6) A third-party certifying
			 entity must enter into a written agreement with the Secretary of State that
			 delineates the responsibilities and requirements the entity must meet and
			 adhere to.