Illinois General Assembly - Full Text of SB1669
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Full Text of SB1669  97th General Assembly



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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-106.1, 6-106.11, 12-707.01, 13-101, and 13-109 and
6by adding Section 6-106.12 as follows:
7    (625 ILCS 5/6-106.1)
8    Sec. 6-106.1. School bus driver permit.
9    (a) The Secretary of State shall issue a school bus driver
10permit to those applicants who have met all the requirements of
11the application and screening process under this Section to
12insure the welfare and safety of children who are transported
13on school buses throughout the State of Illinois. Applicants
14shall obtain the proper application required by the Secretary
15of State from their prospective or current employer and submit
16the completed application to the prospective or current
17employer along with the necessary fingerprint submission as
18required by the Department of State Police to conduct
19fingerprint based criminal background checks on current and
20future information available in the state system and current
21information available through the Federal Bureau of
22Investigation's system. Applicants who have completed the
23fingerprinting requirements shall not be subjected to the



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1fingerprinting process when applying for subsequent permits or
2submitting proof of successful completion of the annual
3refresher course. Individuals who on the effective date of this
4Act possess a valid school bus driver permit that has been
5previously issued by the appropriate Regional School
6Superintendent are not subject to the fingerprinting
7provisions of this Section as long as the permit remains valid
8and does not lapse. The applicant shall be required to pay all
9related application and fingerprinting fees as established by
10rule including, but not limited to, the amounts established by
11the Department of State Police and the Federal Bureau of
12Investigation to process fingerprint based criminal background
13investigations. All fees paid for fingerprint processing
14services under this Section shall be deposited into the State
15Police Services Fund for the cost incurred in processing the
16fingerprint based criminal background investigations. All
17other fees paid under this Section shall be deposited into the
18Road Fund for the purpose of defraying the costs of the
19Secretary of State in administering this Section. All
20applicants must:
21        1. be 21 years of age or older;
22        2. possess a valid and properly classified driver's
23    license issued by the Secretary of State;
24        3. possess a valid driver's license, which has not been
25    revoked, suspended, or canceled for 3 years immediately
26    prior to the date of application, or have not had his or



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1    her commercial motor vehicle driving privileges
2    disqualified within the 3 years immediately prior to the
3    date of application;
4        4. successfully pass a written test, administered by
5    the Secretary of State, on school bus operation, school bus
6    safety, and special traffic laws relating to school buses
7    and submit to a review of the applicant's driving habits by
8    the Secretary of State at the time the written test is
9    given;
10        5. demonstrate ability to exercise reasonable care in
11    the operation of school buses in accordance with rules
12    promulgated by the Secretary of State;
13        6. demonstrate physical fitness to operate school
14    buses by submitting the results of a medical examination,
15    including tests for drug use for each applicant not subject
16    to such testing pursuant to federal law, conducted by a
17    licensed physician, an advanced practice nurse who has a
18    written collaborative agreement with a collaborating
19    physician which authorizes him or her to perform medical
20    examinations, or a physician assistant who has been
21    delegated the performance of medical examinations by his or
22    her supervising physician within 90 days of the date of
23    application according to standards promulgated by the
24    Secretary of State;
25        7. affirm under penalties of perjury that he or she has
26    not made a false statement or knowingly concealed a



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1    material fact in any application for permit;
2        8. have completed an initial classroom course,
3    including first aid procedures, in school bus driver safety
4    as promulgated by the Secretary of State; and after
5    satisfactory completion of said initial course an annual
6    refresher course; such courses and the agency or
7    organization conducting such courses shall be approved by
8    the Secretary of State; failure to complete the annual
9    refresher course, shall result in cancellation of the
10    permit until such course is completed;
11        9. not have been under an order of court supervision
12    for or convicted of 2 or more serious traffic offenses, as
13    defined by rule, within one year prior to the date of
14    application that may endanger the life or safety of any of
15    the driver's passengers within the duration of the permit
16    period;
17        10. not have been under an order of court supervision
18    for or convicted of reckless driving, aggravated reckless
19    driving, driving while under the influence of alcohol,
20    other drug or drugs, intoxicating compound or compounds or
21    any combination thereof, or reckless homicide resulting
22    from the operation of a motor vehicle within 3 years of the
23    date of application;
24        11. not have been convicted of committing or attempting
25    to commit any one or more of the following offenses: (i)
26    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,



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1    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
2    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
3    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
4    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
5    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
6    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
7    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
8    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
9    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
10    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
11    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
12    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
13    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
14    Section 8-1, and in subsection (a) and subsection (b),
15    clause (1), of Section 12-4, and in subsection (A), clauses
16    (a) and (b), of Section 24-3, and those offenses contained
17    in Article 29D of the Criminal Code of 1961; (ii) those
18    offenses defined in the Cannabis Control Act except those
19    offenses defined in subsections (a) and (b) of Section 4,
20    and subsection (a) of Section 5 of the Cannabis Control
21    Act; (iii) those offenses defined in the Illinois
22    Controlled Substances Act; (iv) those offenses defined in
23    the Methamphetamine Control and Community Protection Act;
24    (v) any offense committed or attempted in any other state
25    or against the laws of the United States, which if
26    committed or attempted in this State would be punishable as



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1    one or more of the foregoing offenses; (vi) the offenses
2    defined in Section 4.1 and 5.1 of the Wrongs to Children
3    Act; (vii) those offenses defined in Section 6-16 of the
4    Liquor Control Act of 1934; and (viii) those offenses
5    defined in the Methamphetamine Precursor Control Act; .
6        12. not have been repeatedly involved as a driver in
7    motor vehicle collisions or been repeatedly convicted of
8    offenses against laws and ordinances regulating the
9    movement of traffic, to a degree which indicates lack of
10    ability to exercise ordinary and reasonable care in the
11    safe operation of a motor vehicle or disrespect for the
12    traffic laws and the safety of other persons upon the
13    highway;
14        13. not have, through the unlawful operation of a motor
15    vehicle, caused an accident resulting in the death of any
16    person; and
17        14. not have, within the last 5 years, been adjudged to
18    be afflicted with or suffering from any mental disability
19    or disease.
20    (b) A school bus driver permit shall be valid for a period
21specified by the Secretary of State as set forth by rule. It
22shall be renewable upon compliance with subsection (a) of this
24    (c) A school bus driver permit shall contain the holder's
25driver's license number, legal name, residence address, zip
26code, social security number and date of birth, a brief



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1description of the holder and a space for signature. The
2Secretary of State may require a suitable photograph of the
4    (d) The employer shall be responsible for conducting a
5pre-employment interview with prospective school bus driver
6candidates, distributing school bus driver applications and
7medical forms to be completed by the applicant, and submitting
8the applicant's fingerprint cards to the Department of State
9Police that are required for the criminal background
10investigations. The employer shall certify in writing to the
11Secretary of State that all pre-employment conditions have been
12successfully completed including the successful completion of
13an Illinois specific criminal background investigation through
14the Department of State Police and the submission of necessary
15fingerprints to the Federal Bureau of Investigation for
16criminal history information available through the Federal
17Bureau of Investigation system. The applicant shall present the
18certification to the Secretary of State at the time of
19submitting the school bus driver permit application.
20    (e) Permits shall initially be provisional upon receiving
21certification from the employer that all pre-employment
22conditions have been successfully completed, and upon
23successful completion of all training and examination
24requirements for the classification of the vehicle to be
25operated, the Secretary of State shall provisionally issue a
26School Bus Driver Permit. The permit shall remain in a



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1provisional status pending the completion of the Federal Bureau
2of Investigation's criminal background investigation based
3upon fingerprinting specimens submitted to the Federal Bureau
4of Investigation by the Department of State Police. The Federal
5Bureau of Investigation shall report the findings directly to
6the Secretary of State. The Secretary of State shall remove the
7bus driver permit from provisional status upon the applicant's
8successful completion of the Federal Bureau of Investigation's
9criminal background investigation.
10    (f) A school bus driver permit holder shall notify the
11employer and the Secretary of State if he or she is issued an
12order of court supervision for or convicted in another state of
13an offense that would make him or her ineligible for a permit
14under subsection (a) of this Section. The written notification
15shall be made within 5 days of the entry of the order of court
16supervision or conviction. Failure of the permit holder to
17provide the notification is punishable as a petty offense for a
18first violation and a Class B misdemeanor for a second or
19subsequent violation.
20    (g) Cancellation; suspension; notice and procedure.
21        (1) The Secretary of State shall cancel a school bus
22    driver permit of an applicant whose criminal background
23    investigation discloses that he or she is not in compliance
24    with the provisions of subsection (a) of this Section.
25        (2) The Secretary of State shall cancel a school bus
26    driver permit when he or she receives notice that the



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1    permit holder fails to comply with any provision of this
2    Section or any rule promulgated for the administration of
3    this Section.
4        (3) The Secretary of State shall cancel a school bus
5    driver permit if the permit holder's restricted commercial
6    or commercial driving privileges are withdrawn or
7    otherwise invalidated.
8        (4) The Secretary of State may not issue a school bus
9    driver permit for a period of 3 years to an applicant who
10    fails to obtain a negative result on a drug test as
11    required in item 6 of subsection (a) of this Section or
12    under federal law.
13        (5) The Secretary of State shall forthwith suspend a
14    school bus driver permit for a period of 3 years upon
15    receiving notice that the holder has failed to obtain a
16    negative result on a drug test as required in item 6 of
17    subsection (a) of this Section or under federal law.
18        (6) The Secretary of State shall suspend a school bus
19    driver permit for a period of 3 years upon receiving notice
20    from the employer that the holder failed to perform the
21    inspection procedure set forth in subsection (a) or (b) of
22    Section 12-816 of this Code.
23    The Secretary of State shall notify the State
24Superintendent of Education and the permit holder's
25prospective or current employer that the applicant has (1) has
26failed a criminal background investigation or (2) is no longer



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1eligible for a school bus driver permit; and of the related
2cancellation of the applicant's provisional school bus driver
3permit. The cancellation shall remain in effect pending the
4outcome of a hearing pursuant to Section 2-118 of this Code.
5The scope of the hearing shall be limited to the issuance
6criteria contained in subsection (a) of this Section. A
7petition requesting a hearing shall be submitted to the
8Secretary of State and shall contain the reason the individual
9feels he or she is entitled to a school bus driver permit. The
10permit holder's employer shall notify in writing to the
11Secretary of State that the employer has certified the removal
12of the offending school bus driver from service prior to the
13start of that school bus driver's next workshift. An employing
14school board that fails to remove the offending school bus
15driver from service is subject to the penalties defined in
16Section 3-14.23 of the School Code. A school bus contractor who
17violates a provision of this Section is subject to the
18penalties defined in Section 6-106.11.
19    All valid school bus driver permits issued under this
20Section prior to January 1, 1995, shall remain effective until
21their expiration date unless otherwise invalidated.
22    (h) When a school bus driver permit holder who is a service
23member is called to active duty, the employer of the permit
24holder shall notify the Secretary of State, within 30 days of
25notification from the permit holder, that the permit holder has
26been called to active duty. Upon notification pursuant to this



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1subsection, (i) the Secretary of State shall characterize the
2permit as inactive until a permit holder renews the permit as
3provided in subsection (i) of this Section, and (ii) if a
4permit holder fails to comply with the requirements of this
5Section while called to active duty, the Secretary of State
6shall not characterize the permit as invalid.
7    (i) A school bus driver permit holder who is a service
8member returning from active duty must, within 90 days, renew a
9permit characterized as inactive pursuant to subsection (h) of
10this Section by complying with the renewal requirements of
11subsection (b) of this Section.
12    (j) For purposes of subsections (h) and (i) of this
14    "Active duty" means active duty pursuant to an executive
15order of the President of the United States, an act of the
16Congress of the United States, or an order of the Governor.
17    "Service member" means a member of the Armed Services or
18reserve forces of the United States or a member of the Illinois
19National Guard.
20(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
2196-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
227-22-10; revised 9-2-10.)
23    (625 ILCS 5/6-106.11)  (from Ch. 95 1/2, par. 6-106.11)
24    Sec. 6-106.11. (a) Any individual, corporation,
25partnership or association, who through contractual



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1arrangements with a school district transports students,
2teachers or other personnel of that district for compensation,
3shall not permit any person to operate a school bus or any
4first division vehicle including taxis when used for a purpose
5that requires a school bus driver permit pursuant to that
6contract if the driver has not complied with the provisions of
7Sections 6-106.1 of this Code or such other rules or
8regulations that the Secretary of State may prescribe for the
9classification, restriction or licensing of school bus driver
10permit holders drivers.
11    (a-5) Any individual, corporation, partnership,
12association, or entity that has a contractual arrangement
13referred to in subsection (a) of this Section must provide the
14school district with (i) the names of all drivers who will be
15operating a vehicle requiring a school bus driver permit
16pursuant to the contract with the school district; and (ii) a
17copy of each driver's school bus driver permit. Upon
18notification by the Secretary of State to the employer of the
19school bus driver permit holder that an employee's school bus
20driver permit has been suspended or cancelled, the employer
21must notify the school district of the suspension or
22cancellation within 2 business days.
23    (a-10) An individual, corporation, partnership,
24association, or entity that has a contractual arrangement
25referred to in subsection (a) of this Section may not:
26        (i) utilize a vehicle in the performance of the



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1    contract that has previously been in salvage or junk
2    status; or
3        (ii) allow smoking in a vehicle while the vehicle is in
4    the performance of the contract.
5    (b) A violation of this Section is a business offense and
6shall subject the offender to a fine of no less than $1,000 nor
7more than $10,000 for a first offense, no less than $1,500 nor
8more than $15,000 for a second offense, and no less than $2,000
9nor more than $20,000 for a third or subsequent offense. In
10addition to any fines imposed under this subsection, any
11offender who has been convicted three times under the
12provisions of subsection (a) shall, upon a fourth or subsequent
13conviction be prohibited from transporting or contracting to
14transport students, teachers or other personnel of a school
15district for a period of five years beginning with the date of
16conviction of such fourth or subsequent conviction.
17(Source: P.A. 83-1286.)
18    (625 ILCS 5/6-106.12 new)
19    Sec. 6-106.12. Contracts requiring school bus driver
21    (a) No school district that contracts with any individual,
22corporation, partnership, association, or other entity to
23transport students, teachers, or other personnel of that
24district for compensation shall permit any person to operate a
25vehicle that requires a school bus driver permit pursuant to



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1that contract if the driver has not complied with the
2provisions of Section 6-106.1 of this Code and other
3administrative rules governing the classification,
4restriction, or licensing of persons required to hold a school
5bus driver permit.
6    (b) A school district that has a contract of the type
7described in subsection (a) of this Section shall maintain a
8copy of the school bus driver permit of any person operating a
9vehicle that requires a school bus permit.
10    (625 ILCS 5/12-707.01)  (from Ch. 95 1/2, par. 12-707.01)
11    Sec. 12-707.01. Liability insurance. No school bus, first
12division vehicle including a taxi which is used for a purpose
13that requires a school bus driver permit, commuter van or motor
14vehicle owned by or used for hire by and in connection with the
15operation of private or public schools, day camps, summer camps
16or nursery schools, and no commuter van or passenger car used
17for a for-profit ridesharing arrangement, shall be operated for
18such purposes unless the owner thereof shall carry a minimum of
19personal injury liability insurance in the amount of $1,000,000
20$25,000 for any one person in any one accident, and subject to
21the limit for one person, $5,000,000 $100,000 for two or more
22persons injured by reason of the operation of the vehicle in
23any one accident.
24(Source: P.A. 83-1091.)



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1    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
2    Sec. 13-101. Submission to safety test; Certificate of
3safety. To promote the safety of the general public, every
4owner of a second division vehicle, medical transport vehicle,
5tow truck, first division vehicle including a taxi which is
6used for a purpose that requires a school bus driver permit, or
7contract carrier transporting employees in the course of their
8employment on a highway of this State in a vehicle designed to
9carry 15 or fewer passengers shall, before operating the
10vehicle upon the highways of Illinois, submit it to a "safety
11test" and secure a certificate of safety furnished by the
12Department as set forth in Section 13-109. Each second division
13motor vehicle that pulls or draws a trailer, semitrailer or
14pole trailer, with a gross weight of more than 8,000 lbs or is
15registered for a gross weight of more than 8,000 lbs, motor
16bus, religious organization bus, school bus, senior citizen
17transportation vehicle, and limousine shall be subject to
18inspection by the Department and the Department is authorized
19to establish rules and regulations for the implementation of
20such inspections.
21    The owners of each salvage vehicle shall submit it to a
22"safety test" and secure a certificate of safety furnished by
23the Department prior to its salvage vehicle inspection pursuant
24to Section 3-308 of this Code. In implementing and enforcing
25the provisions of this Section, the Department and other
26authorized State agencies shall do so in a manner that is not



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1inconsistent with any applicable federal law or regulation so
2that no federal funding or support is jeopardized by the
3enactment or application of these provisions.
4    However, none of the provisions of Chapter 13 requiring
5safety tests or a certificate of safety shall apply to:
6        (a) farm tractors, machinery and implements, wagons,
7    wagon-trailers or like farm vehicles used primarily in
8    agricultural pursuits;
9        (b) vehicles other than school buses, tow trucks and
10    medical transport vehicles owned or operated by a municipal
11    corporation or political subdivision having a population
12    of 1,000,000 or more inhabitants and which are subject to
13    safety tests imposed by local ordinance or resolution;
14        (c) a semitrailer or trailer having a gross weight of
15    5,000 pounds or less including vehicle weight and maximum
16    load;
17        (d) recreational vehicles;
18        (e) vehicles registered as and displaying Illinois
19    antique vehicle plates;
20        (f) house trailers equipped and used for living
21    quarters;
22        (g) vehicles registered as and displaying Illinois
23    permanently mounted equipment plates or similar vehicles
24    eligible therefor but registered as governmental vehicles
25    provided that if said vehicle is reclassified from a
26    permanently mounted equipment plate so as to lose the



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1    exemption of not requiring a certificate of safety, such
2    vehicle must be safety tested within 30 days of the
3    reclassification;
4        (h) vehicles owned or operated by a manufacturer,
5    dealer or transporter displaying a special plate or plates
6    as described in Chapter 3 of this Code while such vehicle
7    is being delivered from the manufacturing or assembly plant
8    directly to the purchasing dealership or distributor, or
9    being temporarily road driven for quality control testing,
10    or from one dealer or distributor to another, or are being
11    moved by the most direct route from one location to another
12    for the purpose of installing special bodies or equipment,
13    or driven for purposes of demonstration by a prospective
14    buyer with the dealer or his agent present in the cab of
15    the vehicle during the demonstration;
16        (i) pole trailers and auxiliary axles;
17        (j) special mobile equipment;
18        (k) vehicles properly registered in another State
19    pursuant to law and displaying a valid registration plate,
20    except vehicles of contract carriers transporting
21    employees in the course of their employment on a highway of
22    this State in a vehicle designed to carry 15 or fewer
23    passengers are only exempted to the extent that the safety
24    testing requirements applicable to such vehicles in the
25    state of registration are no less stringent than the safety
26    testing requirements applicable to contract carriers that



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1    are lawfully registered in Illinois;
2        (l) water-well boring apparatuses or rigs;
3        (m) any vehicle which is owned and operated by the
4    federal government and externally displays evidence of
5    such ownership; and
6        (n) second division vehicles registered for a gross
7    weight of 8,000 pounds or less, except when such second
8    division motor vehicles pull or draw a trailer,
9    semi-trailer or pole trailer having a gross weight of or
10    registered for a gross weight of more than 8,000 pounds;
11    motor buses; religious organization buses; school buses;
12    senior citizen transportation vehicles; medical transport
13    vehicles and tow trucks.
14    The safety test shall include the testing and inspection of
15brakes, lights, horns, reflectors, rear vision mirrors,
16mufflers, safety chains, windshields and windshield wipers,
17warning flags and flares, frame, axle, cab and body, or cab or
18body, wheels, steering apparatus, and other safety devices and
19appliances required by this Code and such other safety tests as
20the Department may by rule or regulation require, for second
21division vehicles, school buses, medical transport vehicles,
22tow trucks, first division vehicles including taxis which are
23used for a purpose that requires a school bus driver permit,
24vehicles designed to carry 15 or fewer passengers operated by a
25contract carrier transporting employees in the course of their
26employment on a highway of this State, trailers, and



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1semitrailers subject to inspection.
2    For tow trucks, the safety test and inspection shall also
3include the inspection of winch mountings, body panels, body
4mounts, wheel lift swivel points, and sling straps, and other
5tests and inspections the Department by rule requires for tow
7    For trucks, truck tractors, trailers, semi-trailers, and
8buses, and first division vehicles including taxis which are
9used for a purpose that requires a school bus driver permit,
10the safety test shall be conducted in accordance with the
11Minimum Periodic Inspection Standards promulgated by the
12Federal Highway Administration of the U.S. Department of
13Transportation and contained in Appendix G to Subchapter B of
14Chapter III of Title 49 of the Code of Federal Regulations.
15Those standards, as now in effect, are made a part of this
16Code, in the same manner as though they were set out in full in
17this Code.
18    The passing of the safety test shall not be a bar at any
19time to prosecution for operating a second division vehicle,
20medical transport vehicle, or vehicle designed to carry 15 or
21fewer passengers operated by a contract carrier as provided in
22this Section which is unsafe as determined by the standards
23prescribed in this Code.
24(Source: P.A. 92-108, eff. 1-1-02; 93-637, eff. 6-1-04.)
25    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)



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1    Sec. 13-109. Safety test prior to application for license -
2Subsequent tests - Repairs - Retest.
3    (a) Except as otherwise provided in Chapter 13, each second
4division vehicle, first division vehicle including a taxi which
5is used for a purpose that requires a school bus driver permit,
6and medical transport vehicle, except those vehicles other than
7school buses or medical transport vehicles owned or operated by
8a municipal corporation or political subdivision having a
9population of 1,000,000 or more inhabitants which are subjected
10to safety tests imposed by local ordinance or resolution,
11operated in whole or in part over the highways of this State,
12and each vehicle designed to carry 15 or fewer passengers
13operated by a contract carrier transporting employees in the
14course of their employment on a highway of this State, shall be
15subjected to the safety test provided for in Chapter 13 of this
16Code. Tests shall be conducted at an official testing station
17within 6 months prior to the application for registration as
18provided for in this Code. Subsequently each vehicle shall be
19subject to tests at least every 6 months, and in the case of
20school buses and first division vehicles including taxis which
21are used for a purpose that requires a school bus driver
22permit, at least every 6 months or 10,000 miles whichever
23occurs first, and according to schedules established by rules
24and regulations promulgated by the Department. Any component
25subject to regular inspection which is damaged in a reportable
26accident must be reinspected before the bus or first division



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1vehicle including a taxi which is used for a purpose that
2requires a school bus driver permit is returned to service.
3    (b) The Department shall also conduct periodic
4nonscheduled inspections of school buses, of buses registered
5as charitable vehicles and of religious organization buses. If
6such inspection reveals that a vehicle is not in substantial
7compliance with the rules promulgated by the Department, the
8Department shall remove the Certificate of Safety from the
9vehicle, and shall place the vehicle out-of-service. A bright
10orange, triangular decal shall be placed on an out-of-service
11vehicle where the Certificate of Safety has been removed. The
12vehicle must pass a safety test at an official testing station
13before it is again placed in service.
14    (c) If the violation is not substantial a bright yellow,
15triangular sticker shall be placed next to the Certificate of
16Safety at the time the nonscheduled inspection is made. The
17Department shall reinspect the vehicle after 3 working days to
18determine that the violation has been corrected and remove the
19yellow, triangular decal. If the violation is not corrected
20within 3 working days, the Department shall place the vehicle
21out-of-service in accordance with procedures in subsection
23    (d) If a violation is not substantial and does not directly
24affect the safe operation of the vehicle, the Department shall
25issue a warning notice requiring correction of the violation.
26Such correction shall be accomplished as soon as practicable



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1and a report of the correction shall be made to the Department
2within 30 days in a manner established by the Department. If
3the Department has not been advised that the corrections have
4been made, and the violations still exist, the Department shall
5place the vehicle out-of-service in accordance with procedures
6in subsection (b).
7    (e) The Department is authorized to promulgate regulations
8to implement its program of nonscheduled inspections. Causing
9or allowing the operation of an out-of-service vehicle with
10passengers or unauthorized removal of an out-of-service
11sticker is a Class 3 felony. Causing or allowing the operation
12of a vehicle with a 3-day sticker for longer than 3 days with
13the sticker attached or the unauthorized removal of a 3-day
14sticker is a Class C misdemeanor.
15    (f) If a second division vehicle, first division vehicle
16including a taxi which is used for a purpose that requires a
17school bus driver permit, medical transport vehicle, or vehicle
18operated by a contract carrier as provided in subsection (a) of
19this Section is in safe mechanical condition, as determined
20pursuant to Chapter 13, the operator of the official testing
21station must at once issue to the second division vehicle,
22first division vehicle including a taxi which is used for a
23purpose that requires a school bus driver permit, or medical
24transport vehicle a certificate of safety, in the form and
25manner prescribed by the Department, which shall be affixed to
26the vehicle by the certified safety tester who performed the



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1safety tests. The owner of the second division vehicle, first
2division vehicle including a taxi which is used for a purpose
3that requires a school bus driver permit, or medical transport
4vehicle or the contract carrier shall at all times display the
5Certificate of Safety on the second division vehicle, first
6division vehicle including a taxi which is used for a purpose
7that requires a school bus driver permit, medical transport
8vehicle, or vehicle operated by a contract carrier in the
9manner prescribed by the Department.
10    (g) If a test shows that a second division vehicle, first
11division vehicle including a taxi which is used for a purpose
12that requires a school bus driver permit, medical transport
13vehicle, or vehicle operated by a contract carrier is not in
14safe mechanical condition as provided in this Section, it shall
15not be operated on the highways until it has been repaired and
16submitted to a retest at an official testing station. If the
17owner or contract carrier submits the vehicle to a retest at a
18different official testing station from that where it failed to
19pass the first test, he or she shall present to the operator of
20the second station the report of the original test, and shall
21notify the Department in writing, giving the name and address
22of the original testing station and the defects which prevented
23the issuance of a Certificate of Safety, and the name and
24address of the second official testing station making the
26(Source: P.A. 92-108, eff. 1-1-02.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.