Public Act 097-0224
 
SB1669 EnrolledLRB097 09978 HEP 50147 b



    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 6-106.1, 6-106.11, 12-707.01, 13-101, and 13-109 and  
by adding Section 6-106.12 as follows:
 
 

    (625 ILCS 5/6-106.1)

 
    Sec. 6-106.1. School bus driver permit.

    (a) The Secretary of State shall issue a school bus driver

permit to those applicants who have met all the requirements of 
the
application and screening process under this Section to 
insure the
welfare and safety of children who are transported 
on school buses
throughout the State of Illinois.  Applicants 
shall obtain the
proper application required by the Secretary 
of State from their
prospective or current employer and submit 
the completed
application to the prospective or current 
employer along
with the necessary fingerprint submission as 
required by the
Department of
State Police to conduct 
fingerprint based criminal background
checks on current and 
future information available in the state
system and current 
information available through the Federal Bureau
of 
Investigation's system.  Applicants who have completed the

fingerprinting requirements shall not be subjected to the

fingerprinting process when applying for subsequent permits or

submitting proof of successful completion of the annual 
refresher
course.  Individuals who on the effective date of this 
Act possess a valid
school bus driver permit that has been 
previously issued by the appropriate
Regional School 
Superintendent are not subject to the fingerprinting

provisions of this Section as long as the permit remains valid 
and does not
lapse.  The applicant shall be required to pay all 
related
application and fingerprinting fees as established by 
rule
including, but not limited to, the amounts established by 
the Department of
State Police and the Federal Bureau of 
Investigation to process
fingerprint based criminal background 
investigations. All fees paid for
fingerprint processing 
services under this Section shall be deposited into the
State 
Police Services Fund for the cost incurred in processing the 
fingerprint
based criminal background investigations.  All 
other fees paid under this
Section shall be deposited into the 
Road
Fund for the purpose of defraying the costs of the 
Secretary of State in
administering this Section.  All 
applicants must:


        1. be 21 years of age or older;


        2. possess a valid and properly classified driver's 
    license
issued by the Secretary of State;


        3. possess a valid driver's license, which has not been

    revoked, suspended, or canceled for 3 years immediately 
    prior to
the date of application, or have not had his or 
    her commercial motor vehicle
driving privileges

    disqualified within the 3 years immediately prior to the 
    date of application;


        4. successfully pass a written test, administered by 
    the
Secretary of State, on school bus operation, school bus 
    safety, and
special traffic laws relating to school buses 
    and submit to a review
of the applicant's driving habits by 
    the Secretary of State at the time the
written test is 
    given;


        5. demonstrate ability to exercise reasonable care in 
    the operation of
school buses in accordance with rules 
    promulgated by the Secretary of State;


        6. demonstrate physical fitness to operate school 
    buses by
submitting the results of a medical examination, 
    including tests for drug
use for each applicant not subject 
    to such testing pursuant to
federal law, conducted by a 
    licensed physician, an advanced practice nurse
who has a 
    written collaborative agreement with
a collaborating 
    physician which authorizes him or her to perform medical

    examinations, or a physician assistant who has been 
    delegated the
performance of medical examinations by his or 
    her supervising physician
within 90 days of the date
of 
    application according to standards promulgated by the 
    Secretary of State;


        7. affirm under penalties of perjury that he or she has 
    not made a
false statement or knowingly concealed a 
    material fact
in any application for permit;


        8. have completed an initial classroom course, 
    including first aid
procedures, in school bus driver safety 
    as promulgated by the Secretary of
State; and after 
    satisfactory completion of said initial course an annual

    refresher course; such courses and the agency or 
    organization conducting such
courses shall be approved by 
    the Secretary of State; failure to
complete the annual 
    refresher course, shall result in
cancellation of the 
    permit until such course is completed;


        9. not have been under an order of court supervision 
    for or convicted of 2 or more serious traffic offenses, as

    defined by rule, within one year prior to the date of 
    application that may
endanger the life or safety of any of 
    the driver's passengers within the
duration of the permit 
    period;


        10. not have been under an order of court supervision 
    for or convicted of reckless driving, aggravated reckless 
    driving, driving while under the influence of alcohol, 
    other drug or drugs, intoxicating compound or compounds or 
    any combination thereof, or reckless homicide resulting 
    from the operation of a motor
vehicle within 3 years of the 
    date of application;


        11. not have been convicted of committing or attempting

    to commit any
one or more of the following offenses:  (i) 
    those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, 
    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 
    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6,
11-9, 
    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1, 
    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,

    11-19.2,
11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, 
    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, 
    12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9,

    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,

    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 
    12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 
    18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 
    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 
    31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of 
    Section 8-1, and in subsection (a) and subsection (b), 
    clause (1), of Section
12-4, and in subsection (A), clauses 
    (a) and (b), of Section 24-3, and those offenses contained 
    in Article 29D of the Criminal Code of 1961; (ii) those 
    offenses defined in the
Cannabis Control Act except those 
    offenses defined in subsections (a) and
(b) of Section 4, 
    and subsection (a) of Section 5 of the Cannabis Control

    Act; (iii) those offenses defined in the Illinois 
    Controlled Substances
Act; (iv) those offenses defined in 
    the Methamphetamine Control and Community Protection Act; 
    (v) any offense committed or attempted in any other state 
    or against
the laws of the United States, which if 
    committed or attempted in this
State would be punishable as 
    one or more of the foregoing offenses; (vi)

the offenses 
    defined in Section 4.1 and 5.1 of the Wrongs to Children 
    Act; (vii) those offenses defined in Section 6-16 of the 
    Liquor Control Act of
1934;
and (viii) those offenses 
    defined in the Methamphetamine Precursor Control Act; . 

        12. not have been repeatedly involved as a driver in 
    motor vehicle
collisions or been repeatedly convicted of 
    offenses against
laws and ordinances regulating the 
    movement of traffic, to a degree which
indicates lack of 
    ability to exercise ordinary and reasonable care in the

    safe operation of a motor vehicle or disrespect for the 
    traffic laws and
the safety of other persons upon the 
    highway;


        13. not have, through the unlawful operation of a motor

    vehicle, caused an accident resulting in the death of any 
    person; and


        14. not have, within the last 5 years, been adjudged to 
    be
afflicted with or suffering from any mental disability 
    or disease.


    (b) A school bus driver permit shall be valid for a period 
specified by
the Secretary of State as set forth by rule.  It 
shall be renewable upon compliance with subsection (a) of this

Section.


    (c) A school bus driver permit shall contain the holder's 
driver's
license number, legal name, residence address, zip 
code, social
security number and date
of birth, a brief 
description of the holder and a space for signature.  The

Secretary of State may require a suitable photograph of the 
holder.


    (d) The employer shall be responsible for conducting a 
pre-employment
interview with prospective school bus driver 
candidates, distributing school
bus driver applications and 
medical forms to be completed by the applicant, and
submitting 
the applicant's fingerprint cards to the Department of State 
Police
that are required for the criminal background 
investigations.  The employer
shall certify in writing to the 
Secretary of State that all pre-employment
conditions have been 
successfully completed including the successful completion
of 
an Illinois specific criminal background investigation through 
the
Department of State Police and the submission of necessary

fingerprints to the Federal Bureau of Investigation for 
criminal
history information available through the Federal 
Bureau of
Investigation system.  The applicant shall present the

certification to the Secretary of State at the time of 
submitting
the school bus driver permit application.


    (e) Permits shall initially be provisional upon receiving

certification from the employer that all pre-employment 
conditions
have been successfully completed, and upon 
successful completion of
all training and examination 
requirements for the classification of
the vehicle to be 
operated, the Secretary of State shall
provisionally issue a 
School Bus Driver Permit.  The permit shall
remain in a 
provisional status pending the completion of the
Federal Bureau 
of Investigation's criminal background investigation based

upon fingerprinting specimens submitted to the Federal Bureau 
of
Investigation by the Department of State Police.  The Federal 
Bureau of
Investigation shall report the findings directly to 
the Secretary
of State.  The Secretary of State shall remove the 
bus driver
permit from provisional status upon the applicant's 
successful
completion of the Federal Bureau of Investigation's 
criminal
background investigation.


    (f) A school bus driver permit holder shall notify the

employer and the Secretary of State if he or she is issued an 
order of court supervision for or convicted in
another state of 
an offense that would make him or her ineligible
for a permit 
under subsection (a) of this Section.  The
written notification 
shall be made within 5 days of the entry of
the order of court 
supervision or conviction.  Failure of the permit holder to 
provide the
notification is punishable as a petty
offense for a 
first violation and a Class B misdemeanor for a
second or 
subsequent violation.


    (g) Cancellation; suspension; notice and procedure.


        (1) The Secretary of State shall cancel a school bus

    driver permit of an applicant whose criminal background 
    investigation
discloses that he or she is not in compliance 
    with the provisions of subsection
(a) of this Section.


        (2) The Secretary of State shall cancel a school
bus 
    driver permit when he or she receives notice that the 
    permit holder fails
to comply with any provision of this 
    Section or any rule promulgated for the
administration of 
    this Section.


        (3) The Secretary of State shall cancel a school bus

    driver permit if the permit holder's restricted commercial 
    or
commercial driving privileges are withdrawn or 
    otherwise
invalidated.


        (4) The Secretary of State may not issue a school bus

    driver permit for a period of 3 years to an applicant who 
    fails to
obtain a negative result on a drug test as 
    required in item 6 of
subsection (a) of this Section or 
    under federal law.


        (5) The Secretary of State shall forthwith suspend
a 
    school bus driver permit for a period of 3 years upon 
    receiving
notice that the holder has failed to obtain a 
    negative result on a
drug test as required in item 6 of 
    subsection (a) of this Section
or under federal law.


        (6) The Secretary of State shall suspend a school bus 
    driver permit for a period of 3 years upon receiving notice 
    from the employer that the holder failed to perform the 
    inspection procedure set forth in subsection (a) or (b) of 
    Section 12-816 of this Code. 
    The Secretary of State shall notify the State 
Superintendent
of Education and the permit holder's 
prospective or current
employer that the applicant has (1) has 
failed a criminal
background investigation or (2) is no
longer 
eligible for a school bus driver permit; and of the related

cancellation of the applicant's provisional school bus driver 
permit.  The
cancellation shall remain in effect pending the 
outcome of a
hearing pursuant to Section 2-118  of this Code.  
The scope of the
hearing shall be limited to the issuance 
criteria contained in
subsection (a) of this Section.  A 
petition requesting a
hearing shall be submitted to the 
Secretary of State and shall
contain the reason the individual 
feels he or she is entitled to a
school bus driver permit.  The 
permit holder's
employer shall notify in writing to the 
Secretary of State
that the employer has certified the removal 
of the offending school
bus driver from service prior to the 
start of that school bus
driver's next workshift.  An employing 
school board that fails to
remove the offending school bus 
driver from service is
subject to the penalties defined in 
Section 3-14.23 of the School Code. A
school bus
contractor who 
violates a provision of this Section is
subject to the 
penalties defined in Section 6-106.11.


    All valid school bus driver permits issued under this 
Section
prior to January 1, 1995, shall remain effective until 
their
expiration date unless otherwise invalidated.


    (h) When a school bus driver permit holder who is a service 
member is called to active duty, the employer of the permit 
holder shall notify the Secretary of State, within 30 days of 
notification from the permit holder, that the permit holder has 
been called to active duty. Upon notification pursuant to this 
subsection, (i) the Secretary of State shall characterize the 
permit as inactive until a permit holder renews the permit as 
provided in subsection (i) of this Section, and (ii) if a 
permit holder fails to comply with the requirements of this 
Section while called to active duty, the Secretary of State 
shall not characterize the permit as invalid. 
    (i) A school bus driver permit holder who is a service 
member returning from active duty must, within 90 days, renew a 
permit characterized as inactive pursuant to subsection (h) of 
this Section by complying with the renewal requirements of 
subsection (b) of this Section. 
    (j) For purposes of subsections (h) and (i) of this 
Section: 
    "Active duty" means active duty pursuant to an executive 
order of the President of the United States, an act of the 
Congress of the United States, or an order of the Governor. 
    "Service member" means a member of the Armed Services or 
reserve forces of the United States or a member of the Illinois 
National Guard. 
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; 
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. 
7-22-10; revised 9-2-10.)

  
 



    (625 ILCS 5/6-106.11)  (from Ch. 95 1/2, par. 6-106.11)



    Sec. 6-106.11. 
(a) Any individual, corporation, 
partnership or association,
who through contractual 
arrangements with a school district transports
students, 
teachers or other personnel of that district for compensation, 
shall not
permit any person to operate a school bus or any 
first division vehicle including taxis when used for a purpose 
that requires a school bus driver permit pursuant to that 
contract if the
driver has not complied with the provisions of 
Sections 6-106.1 of this
Code or such other rules or 
regulations that the Secretary of State may
prescribe for the 
classification, restriction or licensing of school bus driver 
permit holders drivers.

    (a-5) Any individual, corporation, partnership, 
association, or entity that has a contractual arrangement 
referred to in subsection (a) of this Section must provide the 
school district with (i) the names of all drivers who will be 
operating a vehicle requiring a school bus driver permit 
pursuant to the contract with the school district; and (ii) a 
copy of each driver's school bus driver permit.  Upon 
notification by the Secretary of State to the employer of the 
school bus driver permit holder that an employee's school bus 
driver permit has been suspended or cancelled, the employer 
must notify the school district of the suspension or 
cancellation within 2 business days.
    (a-10) An individual, corporation, partnership, 
association, or entity that has a contractual arrangement 
referred to in subsection (a) of this Section may not:
        (i) utilize a vehicle in the performance of the 
    contract that has previously been in salvage or junk 
    status;
or
        (ii) allow smoking in a vehicle while the vehicle is in 
    the performance of the contract.
    (b) A violation of this Section is a business offense and 
shall subject
the offender to a fine of no less than $1,000 nor 
more than $10,000 for
a first offense, no less than $1,500 nor 
more than $15,000 for a second
offense, and no less than $2,000 
nor more than $20,000 for a third or
subsequent offense. In 
addition to any fines imposed under this subsection, any 
offender
who has been convicted three times under the 
provisions of subsection (a)
shall, upon a fourth or subsequent 
conviction be prohibited from transporting
or contracting to 
transport students, teachers or other personnel of a school

district for a period of five years beginning with the date of 
conviction
of such fourth or subsequent conviction.

(Source: P.A. 83-1286.)

 
    (625 ILCS 5/6-106.12 new)
    Sec. 6-106.12. Contracts requiring school bus driver 
permits.
    (a) No school district that contracts with any individual, 
corporation, partnership, association, or other entity to 
transport students, teachers, or other personnel of that 
district for compensation shall permit any person to operate a 
vehicle that requires a school bus driver permit pursuant to 
that contract if the driver has not complied with the 
provisions of Section 6-106.1 of this Code and other 
administrative rules governing the classification, 
restriction, or licensing of persons required to hold a school 
bus driver permit.
    (b) A school district that has a contract of the type 
described in subsection (a) of this Section shall maintain a 
copy of the school bus driver permit of any person operating a 
vehicle that requires a school bus permit.
 



    (625 ILCS 5/12-707.01)  (from Ch. 95 1/2, par. 12-707.01)



    Sec. 12-707.01. Liability insurance. No school bus, first 
division vehicle including a taxi which is used for a purpose 
that requires a school bus driver permit, commuter van or
motor 
vehicle owned by or used for hire by and in connection with the

operation of private or public schools, day camps, summer camps 
or
nursery schools, and no commuter van or passenger car used 
for a for-profit
ridesharing arrangement, shall be operated for 
such purposes unless the owner
thereof shall carry a minimum of 
personal injury liability insurance in
the amount of $1,000,000 
$25,000 for any one person in any one accident, and
subject to 
the limit for one person, $5,000,000 $100,000 for two or more 
persons
injured by reason of the operation of the vehicle in 
any one accident.

(Source: P.A. 83-1091.)

 
    (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, or 
contract carrier
transporting employees in the course of their 
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 
    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;


        (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 
    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


        (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, 
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 
tests and inspections the Department by
rule requires for tow 
trucks.


    For trucks, truck tractors, trailers, semi-trailers, and 
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, or vehicle designed to carry 15 or 
fewer passengers operated by a
contract carrier as provided in 
this Section which is unsafe as determined by
the standards 
prescribed in this Code.


(Source: P.A. 92-108, eff. 1-1-02; 93-637, eff. 6-1-04.)

 



    (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, 
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 at
least every 6 months, 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 
permit, at least every 6
months or 10,000 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 
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 
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

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. 92-108, eff. 1-1-02.)

 

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