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| Public Act 096-1066 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 12-813.1 and 12-816 as follows:
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(625 ILCS 5/12-813.1)
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Sec. 12-813.1. School bus driver communication devices. | ||||
(a) In this Section:
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"School bus driver" means a person operating a school bus | ||||
who has a valid
school bus driver permit as required under | ||||
Sections 6-104 and 6-106.1 of this
Code.
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"Cellular radio telecommunication device" means a device | ||||
capable of sending
or receiving telephone communications | ||||
without an access line for service and
which requires the | ||||
operator to dial numbers manually. It does not, however,
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include citizens band radios or citizens band radio hybrids.
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"Possession of a school bus" means the period of time from | ||||
which a bus driver takes possession until the school bus driver | ||||
returns possession of the school bus, whether or not the school | ||||
bus driver is operating the school bus. | ||||
"Using a cellular radio telecommunication device" means | ||||
talking or listening
to or dialing a cellular radio | ||||
telecommunication device.
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To "operate" means to have the vehicle in motion while it | ||
contains one or
more passengers.
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(b) A school bus driver may not operate a school bus while | ||
using a cellular
radio telecommunication device.
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(c) Subsection (b) of this Section does not apply:
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(1) To the use of a cellular radio telecommunication | ||
device for the
purpose of communicating with any of the | ||
following regarding an emergency
situation:
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(A) an emergency response operator;
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(B) a hospital;
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(C) a
physician's office or health clinic;
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(D) an ambulance service;
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(E) a fire
department, fire district, or fire | ||
company; or
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(F) a police department.
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(2) To the use of a cellular radio telecommunication | ||
device to call for
assistance in the event that there is a | ||
mechanical breakdown or other
mechanical problem that | ||
impairs the safe operation of the bus or to communicate | ||
with school authorities or their designees about any other | ||
issue relating to the operation of the school bus or the | ||
welfare and safety of any passenger thereon. In no case may | ||
a cellular radio telecommunication device be used for | ||
anything not provided for in this Section, including but | ||
not limited to, personal use.
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(3) (Blank). To the use of a cellular radio | ||
telecommunication device that has a
digital two-way radio | ||
service capability owned and operated by the school
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district, when that device is being used as a
digital | ||
two-way radio.
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(4) When the school bus is parked.
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(d) A school bus driver who violates subsection (b) of this | ||
Section is guilty of a petty
offense punishable by a fine of | ||
not less than $100 and not more than $250.
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(e) A school bus must contain either an operating cellular | ||
radio telecommunication device or two-way
radio while the | ||
school bus driver is in possession of a school bus. The | ||
cellular radio telecommunication device or two-way radio in | ||
this subsection must be turned on and adjusted in a manner that | ||
would alert the school bus driver of an incoming communication | ||
request. | ||
(Source: P.A. 96-818, eff. 11-17-09.)
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(625 ILCS 5/12-816) | ||
Sec. 12-816. Pre and post-trip inspection policy for school | ||
buses. | ||
(a) In order to provide for the welfare and safety of | ||
children who are transported on school buses throughout the | ||
State of Illinois, each school district shall have in place, by | ||
January 1, 2008, a policy to ensure that the school bus driver | ||
is the last person leaving the bus and that no passenger is | ||
left behind or remains on the vehicle at the end of a route, a | ||
work shift, or the work day. This policy and procedure shall, | ||
at a minimum, require the school bus driver (i) to test the | ||
cellular radio telecommunication device or two-way radio and | ||
ensure that it is functioning properly before the bus is | ||
operated and (ii) before leaving the bus at the end of each | ||
route, work shift, or work day, to walk to the rear of the bus | ||
and check the bus for children or other passengers in the bus. | ||
(b) If a school district has a contract with a private | ||
sector school bus company for the transportation of the | ||
district's students, the school district shall require in the | ||
contract with the private sector company that the company have | ||
a post-trip inspection policy in place.
This policy and | ||
procedure shall, at a minimum, require the school bus driver | ||
(i) to test the cellular radio telecommunication device or | ||
two-way radio and ensure that it is functioning properly before | ||
the bus is operated and (ii) before leaving the bus at the end | ||
of each route, work shift, or work day, to walk to the rear of | ||
the bus and check the bus for children or other passengers in | ||
the bus. | ||
(c) Before this inspection, the school bus driver shall | ||
activate the interior lights of the bus to assist the driver in | ||
seeing in and under the seats during a visual sweep of the bus. | ||
(d) This policy may include, at the discretion of the | ||
school district, the installation of a mechanical or electronic | ||
post-trip inspection reminder system which requires the school | ||
bus driver to walk to the rear of the bus to deactivate the | ||
system before the driver leaves the bus. The system shall | ||
require that when the driver turns off the vehicle's ignition | ||
system, the vehicle's interior lights must illuminate to assist | ||
the driver in seeing in and under the seats during a visual | ||
sweep of the bus.
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(Source: P.A. 95-260, eff. 8-17-07; 96-818, eff. 11-17-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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