Bill Text: IL SB3367 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code and the Illinois Vehicle Code. Makes changes concerning notification of the public hearing on a waiver or modification of a mandate within the School Code or administrative rules and waivers and modifications for contracting with a commercial driver training school. Makes changes concerning driver education course reimbursement, the adoption of standards for driver education and driver education course content, a report on the per capita driver education cost for school districts, and the safety testing of motor vehicles used for driver education training. Effective January 1, 2013.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-1025 [SB3367 Detail]

Download: Illinois-2011-SB3367-Enrolled.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
2-3.25g and 27-24.4 and by adding Sections 27-24.9 and 27-24.10
as follows:
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
Sec. 2-3.25g. Waiver or modification of mandates within the
School Code and administrative rules and regulations.
(a) In this Section:
"Board" means a school board or the governing board or
administrative district, as the case may be, for a joint
agreement.
"Eligible applicant" means a school district, joint
agreement made up of school districts, or regional
superintendent of schools on behalf of schools and programs
operated by the regional office of education.
"Implementation date" has the meaning set forth in
Section 24A-2.5 of this Code.
"State Board" means the State Board of Education.
(b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible
applicants may petition the State Board of Education for the

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waiver or modification of the mandates of this School Code or
of the administrative rules and regulations promulgated by the
State Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when an eligible
applicant demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code may
be requested when the waivers are necessary to stimulate
innovation or improve student performance. Waivers may not be
requested from laws, rules, and regulations pertaining to
special education, teacher certification, teacher tenure and
seniority, or Section 5-2.1 of this Code or from compliance
with the No Child Left Behind Act of 2001 (Public Law 107-110).
On and after the applicable implementation date, eligible
applicants may not seek a waiver or seek a modification of a
mandate regarding the requirements for (i) student performance
data to be a significant factor in teacher or principal
evaluations or (ii) for teachers and principals to be rated
using the 4 categories of "excellent", "proficient", "needs
improvement", or "unsatisfactory". On the applicable
implementation date, any previously authorized waiver or
modification from such requirements shall terminate.
(c) Eligible applicants, as a matter of inherent managerial
policy, and any Independent Authority established under

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Section 2-3.25f may submit an application for a waiver or
modification authorized under this Section. Each application
must include a written request by the eligible applicant or
Independent Authority and must demonstrate that the intent of
the mandate can be addressed in a more effective, efficient, or
economical manner or be based upon a specific plan for improved
student performance and school improvement. Any eligible
applicant requesting a waiver or modification for the reason
that intent of the mandate can be addressed in a more
economical manner shall include in the application a fiscal
analysis showing current expenditures on the mandate and
projected savings resulting from the waiver or modification.
Applications and plans developed by eligible applicants must be
approved by the board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following a public hearing on the
application and plan and the opportunity for the board or
regional superintendent to hear testimony from staff directly
involved in its implementation, parents, and students. The time
period for such testimony shall be separate from the time
period established by the eligible applicant for public comment
on other matters. If the applicant is a school district or
joint agreement requesting a waiver or modification of Section
27-6 of this Code, the public hearing shall be held on a day
other than the day on which a regular meeting of the board is
held.

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(c-5) If the applicant is a school district, then the
district shall post information that sets forth the time, date,
place, and general subject matter of the public hearing on its
Internet website at least 14 days prior to the hearing. If the
district is requesting to increase the fee charged for driver
education authorized pursuant to Section 27-24.2 of this Code,
the website information shall include the proposed amount of
the fee the district will request. All school districts must
publish a notice of the public hearing at least 7 days prior to
the hearing in a newspaper of general circulation within the
school district that sets forth the time, date, place, and
general subject matter of the hearing. Districts requesting to
increase the fee charged for driver education shall include in
the published notice the proposed amount of the fee the
district will request. If the applicant is a joint agreement or
regional superintendent, then the joint agreement or regional
superintendent shall post information that sets forth the time,
date, place, and general subject matter of the public hearing
on its Internet website at least 14 days prior to the hearing.
If the joint agreement or regional superintendent is requesting
to increase the fee charged for driver education authorized
pursuant to Section 27-24.2 of this Code, the website
information shall include the proposed amount of the fee the
applicant will request. All joint agreements and regional
superintendents must publish a notice of the public hearing at
least 7 days prior to the hearing in a newspaper of general

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circulation in each school district that is a member of the
joint agreement or that is served by the educational service
region that sets forth the time, date, place, and general
subject matter of the hearing, provided that a notice appearing
in a newspaper generally circulated in more than one school
district shall be deemed to fulfill this requirement with
respect to all of the affected districts. Joint agreements or
regional superintendents requesting to increase the fee
charged for driver education shall include in the published
notice the proposed amount of the fee the applicant will
request. If the applicant is a school district, the public
hearing must be preceded by at least one published notice
occurring at least 7 days prior to the hearing in a newspaper
of general circulation within the school district that sets
forth the time, date, place, and general subject matter of the
hearing. If the applicant is a joint agreement or regional
superintendent, the public hearing must be preceded by at least
one published notice (setting forth the time, date, place, and
general subject matter of the hearing) occurring at least 7
days prior to the hearing in a newspaper of general circulation
in each school district that is a member of the joint agreement
or that is served by the educational service region, provided
that a notice appearing in a newspaper generally circulated in
more than one school district shall be deemed to fulfill this
requirement with respect to all of the affected districts. The
eligible applicant must notify in writing the affected

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exclusive collective bargaining agent and those State
legislators representing the eligible applicant's territory of
its intent to seek approval of a waiver or modification and of
the hearing to be held to take testimony from staff. The
affected exclusive collective bargaining agents shall be
notified of such public hearing at least 7 days prior to the
date of the hearing and shall be allowed to attend such public
hearing. The eligible applicant shall attest to compliance with
all of the notification and procedural requirements set forth
in this Section.
(d) A request for a waiver or modification of
administrative rules and regulations or for a modification of
mandates contained in this School Code shall be submitted to
the State Board of Education within 15 days after approval by
the board or regional superintendent of schools. The
application as submitted to the State Board of Education shall
include a description of the public hearing. Except with
respect to contracting for adaptive driver education, an
eligible applicant wishing to request a modification or waiver
of administrative rules of the State Board of Education
regarding contracting with a commercial driver training school
to provide the course of study authorized under Section 27-24.2
of this Code must provide evidence with its application that
the commercial driver training school with which it will
contract holds a license issued by the Secretary of State under
Article IV of Chapter 6 of the Illinois Vehicle Code and that

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each instructor employed by the commercial driver training
school to provide instruction to students served by the school
district holds a valid teaching certificate or teaching
license, as applicable, issued under the requirements of this
Code and rules of the State Board of Education. Such evidence
must include, but need not be limited to, a list of each
instructor assigned to teach students served by the school
district, which list shall include the instructor's name,
personal identification number as required by the State Board
of Education, birth date, and driver's license number. If the
modification or waiver is granted, then the eligible applicant
shall notify the State Board of Education of any changes in the
personnel providing instruction within 15 calendar days after
an instructor leaves the program or a new instructor is hired.
Such notification shall include the instructor's name,
personal identification number as required by the State Board
of Education, birth date, and driver's license number. If a
school district maintains an Internet website, then the
district shall post a copy of the final contract between the
district and the commercial driver training school on the
district's Internet website. If no Internet website exists,
then the district shall make available the contract upon
request. A record of all materials in relation to the
application for contracting must be maintained by the school
district and made available to parents and guardians upon
request. The instructor's date of birth and driver's license

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number and any other personally identifying information as
deemed by the federal Driver's Privacy Protection Act of 1994
must be redacted from any public materials. Following receipt
of the waiver or modification request, the State Board shall
have 45 days to review the application and request. If the
State Board fails to disapprove the application within that 45
day period, the waiver or modification shall be deemed granted.
The State Board may disapprove any request if it is not based
upon sound educational practices, endangers the health or
safety of students or staff, compromises equal opportunities
for learning, or fails to demonstrate that the intent of the
rule or mandate can be addressed in a more effective,
efficient, or economical manner or have improved student
performance as a primary goal. Any request disapproved by the
State Board may be appealed to the General Assembly by the
eligible applicant as outlined in this Section.
A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools. The application as submitted to the State Board of
Education shall include a description of the public hearing.
The description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the number
of people who spoke as proponents or opponents of the waiver, a
brief description of their comments, and whether there were any
written statements submitted. The State Board shall review the

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applications and requests for completeness and shall compile
the requests in reports to be filed with the General Assembly.
The State Board shall file reports outlining the waivers
requested by eligible applicants and appeals by eligible
applicants of requests disapproved by the State Board with the
Senate and the House of Representatives before each March 1 and
October 1. The General Assembly may disapprove the report of
the State Board in whole or in part within 60 calendar days
after each house of the General Assembly next convenes after
the report is filed by adoption of a resolution by a record
vote of the majority of members elected in each house. If the
General Assembly fails to disapprove any waiver request or
appealed request within such 60 day period, the waiver or
modification shall be deemed granted. Any resolution adopted by
the General Assembly disapproving a report of the State Board
in whole or in part shall be binding on the State Board.
(e) An approved waiver or modification (except a waiver
from or modification to a physical education mandate) may
remain in effect for a period not to exceed 5 school years and
may be renewed upon application by the eligible applicant.
However, such waiver or modification may be changed within that
5-year period by a board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following the procedure as set
forth in this Section for the initial waiver or modification
request. If neither the State Board of Education nor the

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General Assembly disapproves, the change is deemed granted.
An approved waiver from or modification to a physical
education mandate may remain in effect for a period not to
exceed 2 school years and may be renewed no more than 2 times
upon application by the eligible applicant. An approved waiver
from or modification to a physical education mandate may be
changed within the 2-year period by the board or regional
superintendent of schools, whichever is applicable, following
the procedure set forth in this Section for the initial waiver
or modification request. If neither the State Board of
Education nor the General Assembly disapproves, the change is
deemed granted.
(f) (Blank).
(Source: P.A. 95-223, eff. 1-1-08; 96-861, eff. 1-15-10;
96-1423, eff. 8-3-10.)
(105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4)
Sec. 27-24.4. Reimbursement amount.
(a) Each school district shall be entitled to reimbursement
for each student who finishes either the classroom instruction
part or the practice driving part of a driver education course
that meets the minimum requirements of this Act. Reimbursement
under this Act is payable from the Drivers Education Fund in
the State treasury.
Each year all funds appropriated from the Drivers Education
Fund to the State Board of Education, with the exception of

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those funds necessary for administrative purposes of the State
Board of Education, shall be distributed in the manner provided
in this paragraph to school districts by the State Board of
Education for reimbursement of claims from the previous school
year. As soon as may be after each quarter of the year, if
moneys are available in the Drivers Education Fund in the State
treasury for payments under this Section, the State Comptroller
shall draw his or her warrants upon the State Treasurer as
directed by the State Board of Education. The warrant for each
quarter shall be in an amount equal to one-fourth of the total
amount to be distributed to school districts for the year.
Payments shall be made to school districts as soon as may be
after receipt of the warrants.
The base reimbursement amount shall be calculated by the
State Board by dividing the total amount appropriated for
distribution by the total of: (a) the number of students who
have completed the classroom instruction part for whom valid
claims have been made times 0.2; plus (b) the number of
students who have completed the practice driving instruction
part for whom valid claims have been made times 0.8.
The amount of reimbursement to be distributed on each claim
shall be 0.2 times the base reimbursement amount for each
validly claimed student who has completed the classroom
instruction part, plus 0.8 times the base reimbursement amount
for each validly claimed student who has completed the practice
driving instruction part.

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(b) The school district which is the residence of a student
who attends a nonpublic school in another district that has
furnished the driver education course shall reimburse the
district offering the course, the difference between the actual
per capita cost of giving the course the previous school year
and the amount reimbursed by the State, which, for purposes of
this subsection (b), shall be referred to as "course cost". If
the course cost offered by the student's resident district is
less than the course cost of the course in the district where
the nonpublic school is located, then the student is
responsible for paying the district that furnished the course
the difference between the 2 amounts. If a nonpublic school
student chooses to attend a driver's education course in a
school district besides the district where the nonpublic school
is located, then the student is wholly responsible for the
course cost; however, the nonpublic school student may take the
course in his or her resident district on the same basis as
public school students who are enrolled in that district.
By April 1 the nonpublic school shall notify the district
offering the course of the names and district numbers of the
nonresident students desiring to take such course the next
school year. The district offering such course shall notify the
district of residence of those students affected by April 15.
The school district furnishing the course may claim the
nonresident student for the purpose of making a claim for State
reimbursement under this Act.

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(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09;
96-734, eff. 8-25-09.)
(105 ILCS 5/27-24.9 new)
Sec. 27-24.9. Driver education standards. The State Board
of Education, in consultation with the Secretary of State,
shall adopt course content standards for driver education for
those persons under the age of 18 years, which shall include
the operation and equipment of motor vehicles.
(105 ILCS 5/27-24.10 new)
Sec. 27-24.10. Cost report. The State Board of Education
shall annually prepare a report to be posted on the State
Board's Internet website that indicates the approximate per
capita driver education cost for each school district required
to provide driver education. This report, compiled each spring
from data reported the previous school year, shall be computed
from expenditure data for driver education submitted by school
districts on the annual financial statements required pursuant
to Section 3-15.1 of this Code and the number of students
provided driver education for that school year, as required to
be reported under Section 27-24.5 of this Code.
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-419, 13-101, and 13-109 as follows:

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(625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
Sec. 6-419. Rules and Regulations. The Secretary is
authorized to prescribe by rule standards for the eligibility,
conduct and operation of driver training schools, and
instructors and to adopt other reasonable rules and regulations
necessary to carry out the provisions of this Act. The
Secretary may adopt rules exempting particular types of driver
training schools from specific statutory provisions in
Sections 6-401 through 6-424, where application of those
provisions would be inconsistent with the manner of instruction
offered by those schools. The Secretary, in consultation with
the State Board of Education, shall adopt course content
standards for driver education for those persons under the age
of 18 years, which shall include the operation and equipment of
motor vehicles.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
eff. 7-28-11.)
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; Certificate of
safety. To promote the safety of the general public, every
owner of a second division vehicle, medical transport vehicle,
tow truck, first division vehicle including a taxi which is
used for a purpose that requires a school bus driver permit,
motor vehicle used for driver education training, or contract
carrier transporting employees in the course of their

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employment on a highway of this State in a vehicle designed to
carry 15 or fewer passengers shall, before operating the
vehicle upon the highways of Illinois, submit it to a "safety
test" and secure a certificate of safety furnished by the
Department as set forth in Section 13-109. Each second division
motor vehicle that pulls or draws a trailer, semitrailer or
pole trailer, with a gross weight of more than 8,000 lbs or is
registered for a gross weight of more than 8,000 lbs, motor
bus, religious organization bus, school bus, senior citizen
transportation vehicle, and limousine shall be subject to
inspection by the Department and the Department is authorized
to establish rules and regulations for the implementation of
such inspections.
The owners of each salvage vehicle shall submit it to a
"safety test" and secure a certificate of safety furnished by
the Department prior to its salvage vehicle inspection pursuant
to Section 3-308 of this Code. In implementing and enforcing
the provisions of this Section, the Department and other
authorized State agencies shall do so in a manner that is not
inconsistent with any applicable federal law or regulation so
that no federal funding or support is jeopardized by the
enactment or application of these provisions.
However, none of the provisions of Chapter 13 requiring
safety tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons,
wagon-trailers or like farm vehicles used primarily in

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agricultural pursuits;
(b) vehicles other than school buses, tow trucks and
medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population
of 1,000,000 or more inhabitants and which are subject to
safety tests imposed by local ordinance or resolution;
(c) a semitrailer or trailer having a gross weight of
5,000 pounds or less including vehicle weight and maximum
load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
antique vehicle plates and vehicles registered as
expanded-use antique vehicles and displaying expanded-use
antique vehicle plates;
(f) house trailers equipped and used for living
quarters;
(g) vehicles registered as and displaying Illinois
permanently mounted equipment plates or similar vehicles
eligible therefor but registered as governmental vehicles
provided that if said vehicle is reclassified from a
permanently mounted equipment plate so as to lose the
exemption of not requiring a certificate of safety, such
vehicle must be safety tested within 30 days of the
reclassification;
(h) vehicles owned or operated by a manufacturer,
dealer or transporter displaying a special plate or plates

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as described in Chapter 3 of this Code while such vehicle
is being delivered from the manufacturing or assembly plant
directly to the purchasing dealership or distributor, or
being temporarily road driven for quality control testing,
or from one dealer or distributor to another, or are being
moved by the most direct route from one location to another
for the purpose of installing special bodies or equipment,
or driven for purposes of demonstration by a prospective
buyer with the dealer or his agent present in the cab of
the vehicle during the demonstration;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State
pursuant to law and displaying a valid registration plate,
except vehicles of contract carriers transporting
employees in the course of their employment on a highway of
this State in a vehicle designed to carry 15 or fewer
passengers are only exempted to the extent that the safety
testing requirements applicable to such vehicles in the
state of registration are no less stringent than the safety
testing requirements applicable to contract carriers that
are lawfully registered in Illinois;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the
federal government and externally displays evidence of
such ownership; and

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(n) second division vehicles registered for a gross
weight of 8,000 pounds or less, except when such second
division motor vehicles pull or draw a trailer,
semi-trailer or pole trailer having a gross weight of or
registered for a gross weight of more than 8,000 pounds;
motor buses; religious organization buses; school buses;
senior citizen transportation vehicles; medical transport
vehicles and tow trucks.
The safety test shall include the testing and inspection of
brakes, lights, horns, reflectors, rear vision mirrors,
mufflers, safety chains, windshields and windshield wipers,
warning flags and flares, frame, axle, cab and body, or cab or
body, wheels, steering apparatus, and other safety devices and
appliances required by this Code and such other safety tests as
the Department may by rule or regulation require, for second
division vehicles, school buses, medical transport vehicles,
tow trucks, first division vehicles including taxis which are
used for a purpose that requires a school bus driver permit,
motor vehicles used for driver education training, vehicles
designed to carry 15 or fewer passengers operated by a contract
carrier transporting employees in the course of their
employment on a highway of this State, trailers, and
semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also
include the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points, and sling straps, and other

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tests and inspections the Department by rule requires for tow
trucks.
For driver education vehicles used by public high schools,
the vehicle must also be equipped with dual control brakes, a
mirror on each side of the vehicle so located as to reflect to
the driver a view of the highway for a distance of at least 200
feet to the rear, and a sign visible from the front and the
rear identifying the vehicle as a driver education car.
For trucks, truck tractors, trailers, semi-trailers,
buses, and first division vehicles including taxis which are
used for a purpose that requires a school bus driver permit,
the safety test shall be conducted in accordance with the
Minimum Periodic Inspection Standards promulgated by the
Federal Highway Administration of the U.S. Department of
Transportation and contained in Appendix G to Subchapter B of
Chapter III of Title 49 of the Code of Federal Regulations.
Those standards, as now in effect, are made a part of this
Code, in the same manner as though they were set out in full in
this Code.
The passing of the safety test shall not be a bar at any
time to prosecution for operating a second division vehicle,
medical transport vehicle, motor vehicle used for driver
education training, or vehicle designed to carry 15 or fewer
passengers operated by a contract carrier as provided in this
Section that which is unsafe, as determined by the standards
prescribed in this Code.

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(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;
revised 10-4-11.)
(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
Sec. 13-109. Safety test prior to application for license -
Subsequent tests - Repairs - Retest.
(a) Except as otherwise provided in Chapter 13, each second
division vehicle, first division vehicle including a taxi which
is used for a purpose that requires a school bus driver permit,
and medical transport vehicle, except those vehicles other than
school buses or medical transport vehicles owned or operated by
a municipal corporation or political subdivision having a
population of 1,000,000 or more inhabitants which are subjected
to safety tests imposed by local ordinance or resolution,
operated in whole or in part over the highways of this State,
motor vehicle used for driver education training, and each
vehicle designed to carry 15 or fewer passengers operated by a
contract carrier transporting employees in the course of their
employment on a highway of this State, shall be subjected to
the safety test provided for in Chapter 13 of this Code. Tests
shall be conducted at an official testing station within 6
months prior to the application for registration as provided
for in this Code. Subsequently each vehicle shall be subject to
tests (i) at least every 6 months, (ii) and in the case of
school buses and first division vehicles including taxis which
are used for a purpose that requires a school bus driver

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permit, at least every 6 months or 10,000 miles, whichever
occurs first, or (iii) in the case of driver education vehicles
used by public high schools, at least every 12 months for
vehicles over 5 model years of age or having an odometer
reading of over 75,000 miles, whichever occurs first, and
according to schedules established by rules and regulations
promulgated by the Department. Any component subject to regular
inspection which is damaged in a reportable accident must be
reinspected before the bus or first division vehicle including
a taxi which is used for a purpose that requires a school bus
driver permit is returned to service.
(b) The Department shall also conduct periodic
nonscheduled inspections of school buses, of buses registered
as charitable vehicles and of religious organization buses. If
such inspection reveals that a vehicle is not in substantial
compliance with the rules promulgated by the Department, the
Department shall remove the Certificate of Safety from the
vehicle, and shall place the vehicle out-of-service. A bright
orange, triangular decal shall be placed on an out-of-service
vehicle where the Certificate of Safety has been removed. The
vehicle must pass a safety test at an official testing station
before it is again placed in service.
(c) If the violation is not substantial a bright yellow,
triangular sticker shall be placed next to the Certificate of
Safety at the time the nonscheduled inspection is made. The
Department shall reinspect the vehicle after 3 working days to

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determine that the violation has been corrected and remove the
yellow, triangular decal. If the violation is not corrected
within 3 working days, the Department shall place the vehicle
out-of-service in accordance with procedures in subsection
(b).
(d) If a violation is not substantial and does not directly
affect the safe operation of the vehicle, the Department shall
issue a warning notice requiring correction of the violation.
Such correction shall be accomplished as soon as practicable
and a report of the correction shall be made to the Department
within 30 days in a manner established by the Department. If
the Department has not been advised that the corrections have
been made, and the violations still exist, the Department shall
place the vehicle out-of-service in accordance with procedures
in subsection (b).
(e) The Department is authorized to promulgate regulations
to implement its program of nonscheduled inspections. Causing
or allowing the operation of an out-of-service vehicle with
passengers or unauthorized removal of an out-of-service
sticker is a Class 3 felony. Causing or allowing the operation
of a vehicle with a 3-day sticker for longer than 3 days with
the sticker attached or the unauthorized removal of a 3-day
sticker is a Class C misdemeanor.
(f) If a second division vehicle, first division vehicle
including a taxi which is used for a purpose that requires a
school bus driver permit, medical transport vehicle, or vehicle

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operated by a contract carrier as provided in subsection (a) of
this Section is in safe mechanical condition, as determined
pursuant to Chapter 13, the operator of the official testing
station must at once issue to the second division vehicle,
first division vehicle including a taxi which is used for a
purpose that requires a school bus driver permit, or medical
transport vehicle a certificate of safety, in the form and
manner prescribed by the Department, which shall be affixed to
the vehicle by the certified safety tester who performed the
safety tests. The owner of the second division vehicle, first
division vehicle including a taxi which is used for a purpose
that requires a school bus driver permit, or medical transport
vehicle or the contract carrier shall at all times display the
Certificate of Safety on the second division vehicle, first
division vehicle including a taxi which is used for a purpose
that requires a school bus driver permit, medical transport
vehicle, or vehicle operated by a contract carrier in the
manner prescribed by the Department.
(g) If a test shows that a second division vehicle, first
division vehicle including a taxi which is used for a purpose
that requires a school bus driver permit, medical transport
vehicle, or vehicle operated by a contract carrier is not in
safe mechanical condition as provided in this Section, it shall
not be operated on the highways until it has been repaired and
submitted to a retest at an official testing station. If the
owner or contract carrier submits the vehicle to a retest at a

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different official testing station from that where it failed to
pass the first test, he or she shall present to the operator of
the second station the report of the original test, and shall
notify the Department in writing, giving the name and address
of the original testing station and the defects which prevented
the issuance of a Certificate of Safety, and the name and
address of the second official testing station making the
retest.
(Source: P.A. 97-224, eff. 7-28-11.)
Section 99. Effective date. This Act takes effect January
1, 2013.