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


Sen. Linda Holmes

Filed: 3/3/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1669 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-106.1, 6-106.11, 12-707.01, 13-101, and
613-109 and by 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



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1employer along with the necessary fingerprint submission as
2required by the Department of State Police to conduct
3fingerprint based criminal background checks on current and
4future information available in the state system and current
5information available through the Federal Bureau of
6Investigation's system. Applicants who have completed the
7fingerprinting requirements shall not be subjected to the
8fingerprinting process when applying for subsequent permits or
9submitting proof of successful completion of the annual
10refresher course. Individuals who on the effective date of this
11Act possess a valid school bus driver permit that has been
12previously issued by the appropriate Regional School
13Superintendent are not subject to the fingerprinting
14provisions of this Section as long as the permit remains valid
15and does not lapse. The applicant shall be required to pay all
16related application and fingerprinting fees as established by
17rule including, but not limited to, the amounts established by
18the Department of State Police and the Federal Bureau of
19Investigation to process fingerprint based criminal background
20investigations. All fees paid for fingerprint processing
21services under this Section shall be deposited into the State
22Police Services Fund for the cost incurred in processing the
23fingerprint based criminal background investigations. All
24other fees paid under this Section shall be deposited into the
25Road Fund for the purpose of defraying the costs of the
26Secretary of State in administering this Section. All



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1applicants must:
2        1. be 21 years of age or older;
3        2. possess a valid and properly classified driver's
4    license issued by the Secretary of State;
5        3. possess a valid driver's license, which has not been
6    revoked, suspended, or canceled for 3 years immediately
7    prior to the date of application, or have not had his or
8    her commercial motor vehicle driving privileges
9    disqualified within the 3 years immediately prior to the
10    date of application;
11        4. successfully pass a written test, administered by
12    the Secretary of State, on school bus operation, school bus
13    safety, and special traffic laws relating to school buses
14    and submit to a review of the applicant's driving habits by
15    the Secretary of State at the time the written test is
16    given;
17        5. demonstrate ability to exercise reasonable care in
18    the operation of school buses in accordance with rules
19    promulgated by the Secretary of State;
20        6. demonstrate physical fitness to operate school
21    buses by submitting the results of a medical examination,
22    including tests for drug use for each applicant not subject
23    to such testing pursuant to federal law, conducted by a
24    licensed physician, an advanced practice nurse who has a
25    written collaborative agreement with a collaborating
26    physician which authorizes him or her to perform medical



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1    examinations, or a physician assistant who has been
2    delegated the performance of medical examinations by his or
3    her supervising physician within 90 days of the date of
4    application according to standards promulgated by the
5    Secretary of State;
6        7. affirm under penalties of perjury that he or she has
7    not made a false statement or knowingly concealed a
8    material fact in any application for permit;
9        8. have completed an initial classroom course,
10    including first aid procedures, in school bus driver safety
11    as promulgated by the Secretary of State; and after
12    satisfactory completion of said initial course an annual
13    refresher course; such courses and the agency or
14    organization conducting such courses shall be approved by
15    the Secretary of State; failure to complete the annual
16    refresher course, shall result in cancellation of the
17    permit until such course is completed;
18        9. not have been under an order of court supervision
19    for or convicted of 2 or more serious traffic offenses, as
20    defined by rule, within one year prior to the date of
21    application that may endanger the life or safety of any of
22    the driver's passengers within the duration of the permit
23    period;
24        10. not have been under an order of court supervision
25    for or convicted of reckless driving, aggravated reckless
26    driving, driving while under the influence of alcohol,



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1    other drug or drugs, intoxicating compound or compounds or
2    any combination thereof, or reckless homicide resulting
3    from the operation of a motor vehicle within 3 years of the
4    date of application;
5        11. not have been convicted of committing or attempting
6    to commit any one or more of the following offenses: (i)
7    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
8    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
9    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
10    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
11    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
12    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
13    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
14    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
15    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
16    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
17    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
18    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
19    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
20    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
21    Section 8-1, and in subsection (a) and subsection (b),
22    clause (1), of Section 12-4, and in subsection (A), clauses
23    (a) and (b), of Section 24-3, and those offenses contained
24    in Article 29D of the Criminal Code of 1961; (ii) those
25    offenses defined in the Cannabis Control Act except those
26    offenses defined in subsections (a) and (b) of Section 4,



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1    and subsection (a) of Section 5 of the Cannabis Control
2    Act; (iii) those offenses defined in the Illinois
3    Controlled Substances Act; (iv) those offenses defined in
4    the Methamphetamine Control and Community Protection Act;
5    (v) any offense committed or attempted in any other state
6    or against the laws of the United States, which if
7    committed or attempted in this State would be punishable as
8    one or more of the foregoing offenses; (vi) the offenses
9    defined in Section 4.1 and 5.1 of the Wrongs to Children
10    Act; (vii) those offenses defined in Section 6-16 of the
11    Liquor Control Act of 1934; and (viii) those offenses
12    defined in the Methamphetamine Precursor Control Act; .
13        12. not have been repeatedly involved as a driver in
14    motor vehicle collisions or been repeatedly convicted of
15    offenses against laws and ordinances regulating the
16    movement of traffic, to a degree which indicates lack of
17    ability to exercise ordinary and reasonable care in the
18    safe operation of a motor vehicle or disrespect for the
19    traffic laws and the safety of other persons upon the
20    highway;
21        13. not have, through the unlawful operation of a motor
22    vehicle, caused an accident resulting in the death of any
23    person; and
24        14. not have, within the last 5 years, been adjudged to
25    be afflicted with or suffering from any mental disability
26    or disease.



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1    (b) A school bus driver permit shall be valid for a period
2specified by the Secretary of State as set forth by rule. It
3shall be renewable upon compliance with subsection (a) of this
5    (c) A school bus driver permit shall contain the holder's
6driver's license number, legal name, residence address, zip
7code, social security number and date of birth, a brief
8description of the holder and a space for signature. The
9Secretary of State may require a suitable photograph of the
11    (d) The employer shall be responsible for conducting a
12pre-employment interview with prospective school bus driver
13candidates, distributing school bus driver applications and
14medical forms to be completed by the applicant, and submitting
15the applicant's fingerprint cards to the Department of State
16Police that are required for the criminal background
17investigations. The employer shall certify in writing to the
18Secretary of State that all pre-employment conditions have been
19successfully completed including the successful completion of
20an Illinois specific criminal background investigation through
21the Department of State Police and the submission of necessary
22fingerprints to the Federal Bureau of Investigation for
23criminal history information available through the Federal
24Bureau of Investigation system. The applicant shall present the
25certification to the Secretary of State at the time of
26submitting the school bus driver permit application.



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1    (e) Permits shall initially be provisional upon receiving
2certification from the employer that all pre-employment
3conditions have been successfully completed, and upon
4successful completion of all training and examination
5requirements for the classification of the vehicle to be
6operated, the Secretary of State shall provisionally issue a
7School Bus Driver Permit. The permit shall remain in a
8provisional status pending the completion of the Federal Bureau
9of Investigation's criminal background investigation based
10upon fingerprinting specimens submitted to the Federal Bureau
11of Investigation by the Department of State Police. The Federal
12Bureau of Investigation shall report the findings directly to
13the Secretary of State. The Secretary of State shall remove the
14bus driver permit from provisional status upon the applicant's
15successful completion of the Federal Bureau of Investigation's
16criminal background investigation.
17    (f) A school bus driver permit holder shall notify the
18employer and the Secretary of State if he or she is issued an
19order of court supervision for or convicted in another state of
20an offense that would make him or her ineligible for a permit
21under subsection (a) of this Section. The written notification
22shall be made within 5 days of the entry of the order of court
23supervision or conviction. Failure of the permit holder to
24provide the notification is punishable as a petty offense for a
25first violation and a Class B misdemeanor for a second or
26subsequent violation.



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1    (g) Cancellation; suspension; notice and procedure.
2        (1) The Secretary of State shall cancel a school bus
3    driver permit of an applicant whose criminal background
4    investigation discloses that he or she is not in compliance
5    with the provisions of subsection (a) of this Section.
6        (2) The Secretary of State shall cancel a school bus
7    driver permit when he or she receives notice that the
8    permit holder fails to comply with any provision of this
9    Section or any rule promulgated for the administration of
10    this Section.
11        (3) The Secretary of State shall cancel a school bus
12    driver permit if the permit holder's restricted commercial
13    or commercial driving privileges are withdrawn or
14    otherwise invalidated.
15        (4) The Secretary of State may not issue a school bus
16    driver permit for a period of 3 years to an applicant who
17    fails to obtain a negative result on a drug test as
18    required in item 6 of subsection (a) of this Section or
19    under federal law.
20        (5) The Secretary of State shall forthwith suspend a
21    school bus driver permit for a period of 3 years upon
22    receiving notice that the holder has failed to obtain a
23    negative result on a drug test as required in item 6 of
24    subsection (a) of this Section or under federal law.
25        (6) The Secretary of State shall suspend a school bus
26    driver permit for a period of 3 years upon receiving notice



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1    from the employer that the holder failed to perform the
2    inspection procedure set forth in subsection (a) or (b) of
3    Section 12-816 of this Code.
4    The Secretary of State shall notify the State
5Superintendent of Education and the permit holder's
6prospective or current employer that the applicant has (1) has
7failed a criminal background investigation or (2) is no longer
8eligible for a school bus driver permit; and of the related
9cancellation of the applicant's provisional school bus driver
10permit. The cancellation shall remain in effect pending the
11outcome of a hearing pursuant to Section 2-118 of this Code.
12The scope of the hearing shall be limited to the issuance
13criteria contained in subsection (a) of this Section. A
14petition requesting a hearing shall be submitted to the
15Secretary of State and shall contain the reason the individual
16feels he or she is entitled to a school bus driver permit. The
17permit holder's employer shall notify in writing to the
18Secretary of State that the employer has certified the removal
19of the offending school bus driver from service prior to the
20start of that school bus driver's next workshift. An employing
21school board that fails to remove the offending school bus
22driver from service is subject to the penalties defined in
23Section 3-14.23 of the School Code. A school bus contractor who
24violates a provision of this Section is subject to the
25penalties defined in Section 6-106.11.
26    All valid school bus driver permits issued under this



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1Section prior to January 1, 1995, shall remain effective until
2their expiration date unless otherwise invalidated.
3    (h) When a school bus driver permit holder who is a service
4member is called to active duty, the employer of the permit
5holder shall notify the Secretary of State, within 30 days of
6notification from the permit holder, that the permit holder has
7been called to active duty. Upon notification pursuant to this
8subsection, (i) the Secretary of State shall characterize the
9permit as inactive until a permit holder renews the permit as
10provided in subsection (i) of this Section, and (ii) if a
11permit holder fails to comply with the requirements of this
12Section while called to active duty, the Secretary of State
13shall not characterize the permit as invalid.
14    (i) A school bus driver permit holder who is a service
15member returning from active duty must, within 90 days, renew a
16permit characterized as inactive pursuant to subsection (h) of
17this Section by complying with the renewal requirements of
18subsection (b) of this Section.
19    (j) For purposes of subsections (h) and (i) of this
21    "Active duty" means active duty pursuant to an executive
22order of the President of the United States, an act of the
23Congress of the United States, or an order of the Governor.
24    "Service member" means a member of the Armed Services or
25reserve forces of the United States or a member of the Illinois
26National Guard.



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1(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
296-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
37-22-10; revised 9-2-10.)
4    (625 ILCS 5/6-106.11)  (from Ch. 95 1/2, par. 6-106.11)
5    Sec. 6-106.11. (a) Any individual, corporation,
6partnership or association, who through contractual
7arrangements with a school district transports students,
8teachers or other personnel of that district for compensation,
9shall not permit any person to operate a school bus or any
10first division vehicle including taxis when used for a purpose
11that requires a school bus driver permit pursuant to that
12contract if the driver has not complied with the provisions of
13Sections 6-106.1 of this Code or such other rules or
14regulations that the Secretary of State may prescribe for the
15classification, restriction or licensing of school bus driver
16permit holders drivers.
17    (a-5) Any individual, corporation, partnership,
18association, or entity that has a contractual arrangement
19referred to in subsection (a) of this Section must provide the
20school district with (i) the names of all drivers who will be
21operating a vehicle requiring a school bus driver permit
22pursuant to the contract with the school district; and (ii) a
23copy of each driver's school bus driver permit. Upon
24notification by the Secretary of State to the employer of the
25school bus driver permit holder that an employee's school bus



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1driver permit has been suspended or cancelled, the employer
2must notify the school district of the suspension or
3cancellation within 2 business days.
4    (a-10) An individual, corporation, partnership,
5association, or entity that has a contractual arrangement
6referred to in a subsection (a) of this Section may not:
7        (i) utilize a vehicle in the performance of the
8    contract that has previously been in salvage or junk
9    status; or
10        (ii) allow smoking in a vehicle while the vehicle is in
11    the performance of the contract.
12    (b) A violation of this Section is a business offense and
13shall subject the offender to a fine of no less than $1,000 nor
14more than $10,000 for a first offense, no less than $1,500 nor
15more than $15,000 for a second offense, and no less than $2,000
16nor more than $20,000 for a third or subsequent offense. In
17addition to any fines imposed under this subsection, any
18offender who has been convicted three times under the
19provisions of subsection (a) shall, upon a fourth or subsequent
20conviction be prohibited from transporting or contracting to
21transport students, teachers or other personnel of a school
22district for a period of five years beginning with the date of
23conviction of such fourth or subsequent conviction.
24(Source: P.A. 83-1286.)
25    (625 ILCS 5/6-106.12 new)



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1    Sec. 6-106.12. Contracts requiring school bus driver
3    (a) No school district that contracts with any individual,
4corporation, partnership, association, or other entity to
5transport students, teachers, or other personnel of that
6district for compensation shall permit any person to operate a
7vehicle that requires a school bus driver permit pursuant to
8that contract if the driver has not complied with the
9provisions of Section 6-106.1 of this Code and other
10administrative rules governing the classification,
11restriction, or licensing of persons required to hold a school
12bus driver permit.
13    (b) A school district that has a contract of the type
14described in subsection (a) of this Section shall maintain a
15copy of the school bus driver permit of any person operating a
16vehicle that requires a school bus permit.
17    (625 ILCS 5/12-707.01)  (from Ch. 95 1/2, par. 12-707.01)
18    Sec. 12-707.01. Liability insurance. No school bus, first
19division vehicle including a taxi which is used for a purpose
20that requires a school bus driver permit, commuter van or motor
21vehicle owned by or used for hire by and in connection with the
22operation of private or public schools, day camps, summer camps
23or nursery schools, and no commuter van or passenger car used
24for a for-profit ridesharing arrangement, shall be operated for
25such purposes unless the owner thereof shall carry a minimum of



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1personal injury liability insurance in the amount of $1,000,000
2$25,000 for any one person in any one accident, and subject to
3the limit for one person, $5,000,000 $100,000 for two or more
4persons injured by reason of the operation of the vehicle in
5any one accident.
6(Source: P.A. 83-1091.)
7    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
8    Sec. 13-101. Submission to safety test; Certificate of
9safety. To promote the safety of the general public, every
10owner of a second division vehicle, medical transport vehicle,
11tow truck, first division vehicle including a taxi which is
12used for a purpose that requires a school bus driver permit, or
13contract carrier transporting employees in the course of their
14employment on a highway of this State in a vehicle designed to
15carry 15 or fewer passengers shall, before operating the
16vehicle upon the highways of Illinois, submit it to a "safety
17test" and secure a certificate of safety furnished by the
18Department as set forth in Section 13-109. Each second division
19motor vehicle that pulls or draws a trailer, semitrailer or
20pole trailer, with a gross weight of more than 8,000 lbs or is
21registered for a gross weight of more than 8,000 lbs, motor
22bus, religious organization bus, school bus, senior citizen
23transportation vehicle, and limousine shall be subject to
24inspection by the Department and the Department is authorized
25to establish rules and regulations for the implementation of



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1such inspections.
2    The owners of each salvage vehicle shall submit it to a
3"safety test" and secure a certificate of safety furnished by
4the Department prior to its salvage vehicle inspection pursuant
5to Section 3-308 of this Code. In implementing and enforcing
6the provisions of this Section, the Department and other
7authorized State agencies shall do so in a manner that is not
8inconsistent with any applicable federal law or regulation so
9that no federal funding or support is jeopardized by the
10enactment or application of these provisions.
11    However, none of the provisions of Chapter 13 requiring
12safety tests or a certificate of safety shall apply to:
13        (a) farm tractors, machinery and implements, wagons,
14    wagon-trailers or like farm vehicles used primarily in
15    agricultural pursuits;
16        (b) vehicles other than school buses, tow trucks and
17    medical transport vehicles owned or operated by a municipal
18    corporation or political subdivision having a population
19    of 1,000,000 or more inhabitants and which are subject to
20    safety tests imposed by local ordinance or resolution;
21        (c) a semitrailer or trailer having a gross weight of
22    5,000 pounds or less including vehicle weight and maximum
23    load;
24        (d) recreational vehicles;
25        (e) vehicles registered as and displaying Illinois
26    antique vehicle plates;



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1        (f) house trailers equipped and used for living
2    quarters;
3        (g) vehicles registered as and displaying Illinois
4    permanently mounted equipment plates or similar vehicles
5    eligible therefor but registered as governmental vehicles
6    provided that if said vehicle is reclassified from a
7    permanently mounted equipment plate so as to lose the
8    exemption of not requiring a certificate of safety, such
9    vehicle must be safety tested within 30 days of the
10    reclassification;
11        (h) vehicles owned or operated by a manufacturer,
12    dealer or transporter displaying a special plate or plates
13    as described in Chapter 3 of this Code while such vehicle
14    is being delivered from the manufacturing or assembly plant
15    directly to the purchasing dealership or distributor, or
16    being temporarily road driven for quality control testing,
17    or from one dealer or distributor to another, or are being
18    moved by the most direct route from one location to another
19    for the purpose of installing special bodies or equipment,
20    or driven for purposes of demonstration by a prospective
21    buyer with the dealer or his agent present in the cab of
22    the vehicle during the demonstration;
23        (i) pole trailers and auxiliary axles;
24        (j) special mobile equipment;
25        (k) vehicles properly registered in another State
26    pursuant to law and displaying a valid registration plate,



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1    except vehicles of contract carriers transporting
2    employees in the course of their employment on a highway of
3    this State in a vehicle designed to carry 15 or fewer
4    passengers are only exempted to the extent that the safety
5    testing requirements applicable to such vehicles in the
6    state of registration are no less stringent than the safety
7    testing requirements applicable to contract carriers that
8    are lawfully registered in Illinois;
9        (l) water-well boring apparatuses or rigs;
10        (m) any vehicle which is owned and operated by the
11    federal government and externally displays evidence of
12    such ownership; and
13        (n) second division vehicles registered for a gross
14    weight of 8,000 pounds or less, except when such second
15    division motor vehicles pull or draw a trailer,
16    semi-trailer or pole trailer having a gross weight of or
17    registered for a gross weight of more than 8,000 pounds;
18    motor buses; religious organization buses; school buses;
19    senior citizen transportation vehicles; medical transport
20    vehicles and tow trucks.
21    The safety test shall include the testing and inspection of
22brakes, lights, horns, reflectors, rear vision mirrors,
23mufflers, safety chains, windshields and windshield wipers,
24warning flags and flares, frame, axle, cab and body, or cab or
25body, wheels, steering apparatus, and other safety devices and
26appliances required by this Code and such other safety tests as



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1the Department may by rule or regulation require, for second
2division vehicles, school buses, medical transport vehicles,
3tow trucks, first division vehicles including taxis which are
4used for a purpose that requires a school bus driver permit,
5vehicles designed to carry 15 or fewer passengers operated by a
6contract carrier transporting employees in the course of their
7employment on a highway of this State, trailers, and
8semitrailers subject to inspection.
9    For tow trucks, the safety test and inspection shall also
10include the inspection of winch mountings, body panels, body
11mounts, wheel lift swivel points, and sling straps, and other
12tests and inspections the Department by rule requires for tow
14    For trucks, truck tractors, trailers, semi-trailers, and
15buses, and first division vehicles including taxis which are
16used for a purpose that requires a school bus driver permit,
17the safety test shall be conducted in accordance with the
18Minimum Periodic Inspection Standards promulgated by the
19Federal Highway Administration of the U.S. Department of
20Transportation and contained in Appendix G to Subchapter B of
21Chapter III of Title 49 of the Code of Federal Regulations.
22Those standards, as now in effect, are made a part of this
23Code, in the same manner as though they were set out in full in
24this Code.
25    The passing of the safety test shall not be a bar at any
26time to prosecution for operating a second division vehicle,



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1medical transport vehicle, or vehicle designed to carry 15 or
2fewer passengers operated by a contract carrier as provided in
3this Section which is unsafe as determined by the standards
4prescribed in this Code.
5(Source: P.A. 92-108, eff. 1-1-02; 93-637, eff. 6-1-04.)
6    (625 ILCS 5/13-109)  (from Ch. 95 1/2, par. 13-109)
7    Sec. 13-109. Safety test prior to application for license -
8Subsequent tests - Repairs - Retest.
9    (a) Except as otherwise provided in Chapter 13, each second
10division vehicle, first division vehicle including a taxi which
11is used for a purpose that requires a school bus driver permit,
12and medical transport vehicle, except those vehicles other than
13school buses or medical transport vehicles owned or operated by
14a municipal corporation or political subdivision having a
15population of 1,000,000 or more inhabitants which are subjected
16to safety tests imposed by local ordinance or resolution,
17operated in whole or in part over the highways of this State,
18and each vehicle designed to carry 15 or fewer passengers
19operated by a contract carrier transporting employees in the
20course of their employment on a highway of this State, shall be
21subjected to the safety test provided for in Chapter 13 of this
22Code. Tests shall be conducted at an official testing station
23within 6 months prior to the application for registration as
24provided for in this Code. Subsequently each vehicle shall be
25subject to tests at least every 6 months, and in the case of



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1school buses and first division vehicles including taxis which
2are used for a purpose that requires a school bus driver
3permit, at least every 6 months or 10,000 miles whichever
4occurs first, and according to schedules established by rules
5and regulations promulgated by the Department. Any component
6subject to regular inspection which is damaged in a reportable
7accident must be reinspected before the bus or first division
8vehicle including a taxi which is used for a purpose that
9requires a school bus driver permit is returned to service.
10    (b) The Department shall also conduct periodic
11nonscheduled inspections of school buses, of buses registered
12as charitable vehicles and of religious organization buses. If
13such inspection reveals that a vehicle is not in substantial
14compliance with the rules promulgated by the Department, the
15Department shall remove the Certificate of Safety from the
16vehicle, and shall place the vehicle out-of-service. A bright
17orange, triangular decal shall be placed on an out-of-service
18vehicle where the Certificate of Safety has been removed. The
19vehicle must pass a safety test at an official testing station
20before it is again placed in service.
21    (c) If the violation is not substantial a bright yellow,
22triangular sticker shall be placed next to the Certificate of
23Safety at the time the nonscheduled inspection is made. The
24Department shall reinspect the vehicle after 3 working days to
25determine that the violation has been corrected and remove the
26yellow, triangular decal. If the violation is not corrected



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1within 3 working days, the Department shall place the vehicle
2out-of-service in accordance with procedures in subsection
4    (d) If a violation is not substantial and does not directly
5affect the safe operation of the vehicle, the Department shall
6issue a warning notice requiring correction of the violation.
7Such correction shall be accomplished as soon as practicable
8and a report of the correction shall be made to the Department
9within 30 days in a manner established by the Department. If
10the Department has not been advised that the corrections have
11been made, and the violations still exist, the Department shall
12place the vehicle out-of-service in accordance with procedures
13in subsection (b).
14    (e) The Department is authorized to promulgate regulations
15to implement its program of nonscheduled inspections. Causing
16or allowing the operation of an out-of-service vehicle with
17passengers or unauthorized removal of an out-of-service
18sticker is a Class 3 felony. Causing or allowing the operation
19of a vehicle with a 3-day sticker for longer than 3 days with
20the sticker attached or the unauthorized removal of a 3-day
21sticker is a Class C misdemeanor.
22    (f) If a second division vehicle, first division vehicle
23including a taxi which is used for a purpose that requires a
24school bus driver permit, medical transport vehicle, or vehicle
25operated by a contract carrier as provided in subsection (a) of
26this Section is in safe mechanical condition, as determined



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1pursuant to Chapter 13, the operator of the official testing
2station must at once issue to the second division vehicle,
3first division vehicle including a taxi which is used for a
4purpose that requires a school bus driver permit, or medical
5transport vehicle a certificate of safety, in the form and
6manner prescribed by the Department, which shall be affixed to
7the vehicle by the certified safety tester who performed the
8safety tests. The owner of the second division vehicle, first
9division vehicle including a taxi which is used for a purpose
10that requires a school bus driver permit, or medical transport
11vehicle or the contract carrier shall at all times display the
12Certificate of Safety on the second division vehicle, first
13division vehicle including a taxi which is used for a purpose
14that requires a school bus driver permit, medical transport
15vehicle, or vehicle operated by a contract carrier in the
16manner prescribed by the Department.
17    (g) If a test shows that a second division vehicle, first
18division vehicle including a taxi which is used for a purpose
19that requires a school bus driver permit, medical transport
20vehicle, or vehicle operated by a contract carrier is not in
21safe mechanical condition as provided in this Section, it shall
22not be operated on the highways until it has been repaired and
23submitted to a retest at an official testing station. If the
24owner or contract carrier submits the vehicle to a retest at a
25different official testing station from that where it failed to
26pass the first test, he or she shall present to the operator of



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1the second station the report of the original test, and shall
2notify the Department in writing, giving the name and address
3of the original testing station and the defects which prevented
4the issuance of a Certificate of Safety, and the name and
5address of the second official testing station making the
7(Source: P.A. 92-108, eff. 1-1-02.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".