TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1060 COMMERCIAL DRIVER TRAINING SCHOOLS
SECTION 1060.120 REQUIREMENTS TO OBTAIN AND RETAIN A DRIVER TRAINING INSTRUCTOR'S LICENSE


 

Section 1060.120  Requirements to Obtain and Retain a Driver Training Instructor's License

 

a)         The Secretary of State shall not issue, or shall deny, cancel, suspend or revoke, a driver training instructor's license:

 

1)         To 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;

 

B)        intends to instruct in L and/or M classification, as defined in 92 Ill. Adm. Code 1030.30(e) and (f); and

 

C)        has not held the representative classification for 3 consecutive years immediately prior to the date of application;

 

2)         To any person who has been convicted of 3 or more offenses against traffic regulations governing the movement of traffic within the 2 year period immediately preceding the date of application for an instructor's license;

 

3)         To any person who has had 2 or more convictions of a violation that caused an auto accident within the 2 year period immediately preceding the date of application for an instructor's license;

 

4)         To any person who has been convicted of driving under the influence of alcohol and/or other drugs, pursuant to IVC Section 11-501, leaving the scene of a fatal accident, pursuant to IVC Section 11-401, reckless homicide, pursuant to Section 9-3 of the Criminal Code of 2012 [720 ILCS 5], reckless driving, pursuant to IVC Section 11-503, or any sex or drug related offense within 10 years prior to the date of application; or to any person with more than one of these convictions;

 

5)         To any person who has failed to pass the written, vision, or road test required by the Department for applicants for a driver training instructor's license;

 

6)         To any person who is physically unable to safely operate a motor vehicle or to safely instruct or train others in the operation of a motor vehicle as determined by a licensed physician pursuant to IVC Section 6-411(d).  An application/medical examination form provided by the Secretary of State shall be completed by the applicant and physician.  The physician's medical examination form shall contain the applicant's ability to safely operate a motor vehicle.  The form shall also contain an indication of the person's eyesight, hearing, mental alertness, reflexes, and whether the person has normal use of his/her limbs and feet.  The physician must also provide his/her address and the date and place of the examination.  Those persons who are solely classroom instructors shall comply with subsection (d);

 

7)         To any person who fails to properly and fully complete an application for a license or otherwise indicates that he/she is unqualified to receive a driver training instructor's license;

 

8)         To any person who is not employed or associated with a driver training school licensed by the Department as required pursuant to IVC Section 6-417;

 

9)         To any person who is currently a salaried or contractual employee of the Secretary of State, as mandated by the guidelines of the Secretary of State's Office policy manual that states that an employee shall not advocate or promote specific professional or commercial services to the public in matters under the jurisdiction of the Office of the Secretary of State;

 

10)         To any person who fails to supply a complete set of fingerprints to the Department as required pursuant to IVC Section 6-411(b);

 

11)         To any person who is not at least 21 years of age and a resident of the State of Illinois;

 

12)         To any person who has failed to comply with the provisions of this Part   pursuant to IVC Section 6-411(d);

 

13)         To any person who is not of good moral character as required pursuant to IVC Section 6-411(a).  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 misdemeanor.  The Department shall consider:

 

i)          The relationship of any crime of which the person has been convicted to the ability to operate a driver training school;

           

ii)         The length of time that has elapsed since the owner'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 or formally or otherwise charged with a felony or a misdemeanor, the license shall be either denied or cancelled.

 

i)          If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is adjudicated "guilty" by the court systems, the denial or cancellation previously entered on his/her record in accordance with Section 1060.190(b) shall stand.  This action does not preclude further suspension and/or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC.

 

ii)         If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is adjudicated "not guilty" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) shall be rescinded.  This action does not preclude further suspension and/or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC.

 

iii)        If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is granted a disposition of "court supervision" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) shall be rescinded.  This action does not preclude further suspension and/or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC;

 

14)         To any person whose suspension under IVC Section 11-501.1, 11-501.6 or 11-501.8 has terminated within 10 years prior to the date of application; or to any person with more than one of the above suspensions under IVC Section 11-501.1 or 11-501.6;

 

15)         To any person who has not completed a 30-hour course or an equivalent college or university course approved by the Director of the Department.

 

A)        Any person possessing a current and valid commercial driver training instructor's license, or who is renewing a commercial driver training license issued by the Secretary of State's Office, shall be exempt from this requirement.

 

B)        A driver training school whose instructor provides training to individuals under the age of 18 years is exempt from this requirement and must complete the mandatory 48 hour course as required in Section 1060.180;

 

16)         To any person currently licensed by the Secretary of State as a Third Party Certification Program Safety Officer;

 

17)         To any instructor or applicant who is an administrator and/or teacher of a State-approved high school driver education program;

 

18)         To any currently licensed instructor who has been convicted of violating IVC Section 11-507 or to an applicant who has been convicted of violating IVC Section 11-507 within 10 years prior to the date of application.

           

b)         No driver training instructor shall provide behind-the-wheel instruction in a vehicle that is classified higher than the classification of the instructor's driver's license.  An instructor may hold two classifications: one classification from Classes A, B, C and D, and one classification from Classes L and M, as defined in 92 Ill. Adm. Code 1030.30.  An instructor holding a Class A commercial driver's license may teach students to drive all Class A, B, C and D vehicles.  An instructor holding a Class B commercial driver's license may teach students to drive all Class B, C and D vehicles.  An instructor holding a Class C commercial driver's license may teach students to drive all Class C and D vehicles.  However, an instructor holding a non-commercial driver's license may only teach students who do not require a commercial driver's license.  An instructor holding a Class M license may teach students to drive all Class L and M vehicles.

 

c)         Any person who is physically unable to safely operate a motor vehicle but meets all other requirements to be a driver training instructor shall be able to teach only the classroom portion of the driver training course upon receipt of a doctor's statement indicating the person is physically able to teach in the classroom.  The person shall also pass the vision test, as provided in 92 Ill. Adm. Code 1030.70, the written test, as provided in 92 Ill. Adm. Code 1030.80, and the highway safety sign test, and shall submit all applicable fees as set out in IVC Section 6-411 before being issued an instructor's license for classroom instruction only.

 

d)         All instructors who have ceased to be employed or associated with the designated school on their license must submit a new complete instructor's license application and application fee before being licensed to instruct at another school or in the same school after such cessation.

 

e)         If a driver training instructor license is not renewed within one year after the previous year's expiration date, the applicant shall be required to take examinations pursuant to Section 1060.130.

 

f)         An instructor shall not engage in fraudulent activity as defined in Section 1060.5.

 

g)         During any and all interaction with students, an instructor:

 

1)         shall not engage in activity that puts the student in danger;

 

2)         shall not engage in reckless behavior; and

 

3)         shall maintain a professional relationship with students at all times.

 

h)         An instructor shall not have possession of questionnaires used by the Driver Services Department in conjunction with administering driver's license examinations.  This includes questionnaires purposely or inadvertently obtained from any Secretary of State employee or any individual acting on behalf of the Secretary of State.

 

i)          An individual whose commercial driver training school instructor license has been cancelled pursuant to this Part may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.

 

j)          An instructor of a commercial driver training school that provides motorcycle instruction shall not provide any person with an Illinois Department of Transportation Rider Education Course Completion Card.

 

(Source:  Amended at 37 Ill. Reg. 18893, effective November 5, 2013)