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Northwest Suburban Driving School |
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RULES, REGULATIONS & REQUIREMENTS |
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Illinois' Office of the Secretary of State |
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| http://www.legis.state.il.us/ilcs/ch625/ch625act5articles/ch625act5Sub28.htm | |
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(625 ILCS 5/)
ARTICLE IV. COMMERCIAL DRIVER TRAINING SCHOOLS
(625 ILCS 5/6-401)
Sec. 6-401. Driver Training Schools-License Required.
No person, firm, association, partnership or corporation shall
operate a driver training school or engage in the business of giving
instruction for hire or for a fee in the driving of motor vehicles or in
the preparation of an applicant for examination given by the Secretary
of State for a drivers license or permit, unless a license therefor has
been issued by the Secretary.
This section shall not apply to public schools or to educational
institutions in which driving instruction is part of the curriculum or
to employers giving instruction to their employees.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-402)
Sec. 6-402. Qualifications of driver training schools. In order to
qualify for a license to operate a driver training school, each
applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open to the
public which meets the requirements of Section 6-403 through 6-407;
(d) maintain bodily injury and property damage liability
insurance on motor vehicles while used in driving instruction,
insuring the liability of the driving school, the driving
instructors and any person taking instruction in at least the
following amounts: $50,000 for bodily injury to or death of one
person in any one accident and, subject to said limit for one
person, $100,000 for bodily injury to or death of 2 or more persons
in any one accident and the amount of $10,000 for damage to property
of others in any one accident. Evidence of such insurance coverage
in the form of a certificate from the insurance carrier shall be
filed with the Secretary of State, and such certificate shall
stipulate that the insurance shall not be cancelled except upon 10
days prior written notice to the Secretary of State. The decal
showing evidence of insurance shall be affixed to the windshield of
the vehicle;
(e) provide a continuous surety company bond in the principal
sum of $10,000 for the protection of the contractual rights of
students in such form as will meet with the approval of the
Secretary of State and written by a company authorized to do
business in this State. However, the aggregate liability of the
surety for all breaches of the condition of the bond in no event
shall exceed the principal sum of $10,000. The surety on any such
bond may cancel such bond on giving 30 days notice thereof in
writing to the Secretary of State and shall be relieved of liability
for any breach of any conditions of the bond which occurs after the
effective date of cancellation;
(f) have the equipment necessary to the giving of proper
instruction in the operation of motor vehicles;
(g) have and use a business telephone listing for all business
purposes; and
(h) pay to the Secretary of State an application fee of $250.
No license shall be issued under this Section to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or
aunt, nephew or niece, cousin, or in-law of the person whose license to
do business at that location has been revoked or denied or to a person
who was an officer or employee of a business firm that has had its
license revoked or denied, unless the Secretary of State is satisfied
the application was submitted in good faith and not for the purpose or
effect of defeating the intent of this Code.
(Source: P.A. 87-829; 87-832; 87-895.)
(625 ILCS 5/6-403)
Sec. 6-403. Established Place of Business.
The established place of business of each driver training school
must be owned or leased by the driver training school and regularly
occupied and primarily used by that driver training school for the
business of selling and giving driving instructions for hire or for a
fee, and the business of preparing members of the public for examination
given by the Secretary of State for a drivers license.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-404)
Sec. 6-404. Location of Schools.
The established place of business of each driver training school
must be located in a district which is zoned for business or commercial
purposes. The driver training school office must have a permanent sign
clearly readable from the street, from a distance of no less than 100
feet, with the name of the driving school upon it.
(Source: P. A. 76-1753.)
(625 ILCS 5/6-405)
Sec. 6-405. Restrictions of Locations.
The established place of business, or branch office, branch class
room or advertised address of any driver training school shall not
consist of or include a house trailer, residence, tent, temporary stand,
temporary address, office space, a room or rooms in a hotel, rooming
house or apartment house, or premises occupied by a single or multiple
unit dwelling house or telephone answering service.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-406)
Sec. 6-406. Required Facilities.
(a) The established place of business of each driver training
school must consist of at least the following permanent facilities:
(1) An office facility;
(2) A class room facility.
(b) The main class room facility of each driver training school
must be reasonably accessible to the main office facility of the driver
training school.
(c) All class room facilities must have adequate lighting, heating,
ventilation, and must comply with all state, and local laws relating to
public health, safety and sanitation.
(d) The main office facility and branch office facility of each
driver training school must contain sufficient space, equipment, records
and personnel to carry on the business of the driver training school.
The main office facility must be specifically devoted to driver training
school business.
(e) A driver training school which as an established place of
business and a main office facility, may operate a branch office or a
branch class room provided that all the requirements for the main office
or main class room are met and that such branch office bears the same
name and is operated as a part of the same business entity as the main
office facility.
(f) No driver training school may share any main or branch facility
or facilities with any other driver training school.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-407)
Sec. 6-407. Locations and State Facilities.
No office or place of business of a driver training school shall be
established within 1,500 feet of any building used as an office by any
department of the Secretary of State having to do with the
administration of any laws relating to motor vehicles, nor may any
driving school solicit or advertise for business within 1,500 feet of
any building used as an office by the Secretary of State having to do
with the administration of any laws relating to motor vehicles.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-408)
Sec. 6-408. Records.
All driver training schools licensed by the Secretary of State must
maintain a permanent record of instructions given to each student. The
record must contain the name of the school and the name of the student,
the number of all licenses or permits held by the student, the type and
date of instruction given, whether class room or behind the wheel, and
the signature of the instructor.
All permanent student instruction records must be kept on file in
the main office of each driver training school for a period of 3
calendar years after the student has ceased taking instruction at or
with the school.
The records should show the fees and charges of the school and also
the record should show the course content and instructions given to each
student.
(Source: P. A. 76-1754.)
(625 ILCS 5/6-408.5)
Sec. 6-408.5. Courses for students or high school dropouts;
limitation.
(a) No driver training school or driving training instructor
licensed under this Act may request a certificate of completion from the
Secretary of State as provided in Section 6-411 for any person who is
enrolled as a student in any public or non-public secondary school at
the time such instruction is to be provided, or who was so enrolled
during the semester last ended if that instruction is to be provided
between semesters or during the summer after the regular school term
ends, unless that student has received a passing grade in at least 8
courses during the 2 semesters last ending prior to requesting a
certificate of completion from the Secretary of State for the student.
(b) No driver training school or driving training instructor
licensed under this Act may request a certificate of completion from the
Secretary of State as provided in Section 6-411 for any person who has
dropped out of school and has not yet attained the age of 18 years
unless the driver training school or driving training instructor has: 1)
obtained written documentation verifying the dropout's enrollment in a
GED or alternative education program or has obtained a copy of the
dropout's GED certificate; 2) obtained verification that the student
prior to dropping out had received a passing grade in at least 8 courses
during the 2 previous semesters last ending prior to requesting a
certificate of completion; or 3) obtained written consent from the
dropout's parents or guardians and the regional superintendent.
(c) Students shall be informed of the eligibility requirements of
this Act in writing at the time of registration.
(d) The superintendent of schools of the school district in which
the student resides and attends school or in which the student resides
at the time he or she drops out of school (with respect to a public high
school student or a dropout from the public high school) or the chief
school administrator (with respect to a student who attends a non-public
high school or a dropout from a non-public high school) may waive the
requirements of this Section if the superintendent or chief school
administrator, as the case may be, deems it to be in the best interests
of the student or dropout. Before requesting a certificate of
completion from the Secretary of State for any person who is enrolled as
a student in any public or non-public secondary school or who was so
enrolled in the semester last ending prior to the request for a
certificate of completion from the Secretary of State or who is of high
school age, the driver training school shall determine from the school
district in which that person resides or resided at the time of dropping
out of school, or from the chief administrator of the non-public high
school attended or last attended by such person, as the case may be,
that such person is not ineligible to receive a certificate of
completion under this Section.
(e) By January 1, 1997, the Secretary of State, in cooperation with
the State Board of Education, shall complete, and submit to the General
Assembly, a report that examines the impact of this Section and other
changes made by Public Act 88-188.
(Source: P.A. 88-188; 88-628, eff. 9-9-94.)
(625 ILCS 5/6-409)
Sec. 6-409. Display of License.
Each driver training school must display at a prominent place in its
main office all of the following:
(a) The State license issued to the school;
(b) The names and addresses and State instructors licenses of all
instructors employed by the school;
(c) The address of all branch offices and branch class rooms.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-410)
Sec. 6-410. Vehicle inspections. The Department of Transportation
shall provide for the inspection of all motor vehicles used for driver
training, and shall issue a safety inspection sticker provided:
(a) The motor vehicle has been inspected by the Department and
found to be in safe mechanical condition;
(b) The motor vehicle is equipped with dual control brakes and a
mirror on each side of the motor 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 of such motor vehicle; and
(c) The motor vehicle is equipped with a sign or signs visible from
the front and the rear in letters no less than 2 inches tall, listing
the full name of the driver training school which has registered and
insured the motor vehicle.
(Source: P.A. 85-951.)
(625 ILCS 5/6-411)
Sec. 6-411. Qualifications of Driver Training Instructors. In order
to qualify for a license as an instructor for a driving school, an
applicant must:
(a) Be of good moral character;
(b) Authorize an investigation to determine if the applicant has
ever been convicted of a crime and if so, the disposition of those
convictions; this authorization shall indicate the scope of the inquiry
and the agencies which may be contacted. Upon this authorization the
Secretary of State may request and receive information and assistance
from any federal, state or local governmental agency as part of the
authorized investigation. The Department of State Police shall provide
information concerning any criminal convictions, and their disposition,
brought against the applicant upon request of the Secretary of State
when the request is made in the form and manner required by the
Department of State Police. The information derived from this
investigation including the source of this information, and any
conclusions or recommendations derived from this information by the
Secretary of State shall be provided to the applicant, or his designee,
upon request to the Secretary of State, prior to any final action by the
Secretary of State on the application. No information obtained from
such investigation may be placed in any automated information system.
Any criminal convictions and their disposition information obtained by
the Secretary of State shall be confidential and may not be transmitted
outside the Office of the Secretary of State, except as required herein,
and may not be transmitted to anyone within the Office of the Secretary
of State except as needed for the purpose of evaluating the applicant.
The only physical identity materials which the applicant can be required
to provide the Secretary of State are photographs or fingerprints; these
shall be returned to the applicant upon request to the Secretary of
State, after the investigation has been completed and no copy of these
materials may be kept by the Secretary of State or any agency to which
such identity materials were transmitted. Only information and
standards which bear a reasonable and rational relation to the
performance of a driver training instructor shall be used by the
Secretary of State. Any employee of the Secretary of State who gives or
causes to be given away any confidential information concerning any
criminal charges and their disposition of an applicant shall be guilty
of a Class A misdemeanor unless release of such information is
authorized by this Section;
(c) Pass such examination as the Secretary of State shall require
on (1) traffic laws, (2) safe driving practices, (3) operation of motor
vehicles, and (4) qualifications of teacher;
(d) Be physically able to operate safely a motor vehicle and to
train others in the operation of motor vehicles. An instructors license
application must be accompanied by a medical examination report
completed by a competent physician licensed to practice in the State of
Illinois;
(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school after at least 4
years of high school education or the equivalent; and
(g) Pay to the Secretary of State an application and license fee of
$35.
If a driver training school class room instructor teaches an
approved driver education course, as defined in Section 1-103 of this
Code, to students under 18 years of age, he or she shall furnish to the
Secretary of State a certificate issued by the State Board of Education
that the said instructor is qualified and meets the minimum educational
standards for teaching driver education courses in the local public or
parochial school systems, except that no State Board of Education
certification shall be required of any instructor who teaches
exclusively in a commercial driving school. On and after July 1, 1986,
the existing rules and regulations of the State Board of Education
concerning commercial driving schools shall continue to remain in effect
but shall be administered by the Secretary of State until such time as
the Secretary of State shall amend or repeal the rules in accordance
with The Illinois Administrative Procedure Act. Upon request, the
Secretary of State shall issue a certificate of completion to a student
under 18 years of age who has completed an approved driver education
course at a commercial driving school.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-412)
Sec. 6-412. Issuance of Licenses to Driver Training Schools and
Driver Training Instructors.
The Secretary of State shall issue a license certificate to each
applicant to conduct a driver training school or to each driver training
instructor when the Secretary of State is satisfied that such person has
met the qualifications required under this Act.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-413)
Sec. 6-413. Expiration of Licenses. All outstanding licenses issued
to any driver training school or driver training instructor under this
Act shall expire by operation of law 12 months from the date of
issuance, unless sooner cancelled, suspended or revoked under the
provisions of Section 6-420.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-414)
Sec. 6-414. Renewal of Licenses. The license of each driver training
school may be renewed subject to the same conditions as the original
license, and upon the payment of an annual renewal license fee of $250.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-415)
Sec. 6-415. Renewal Fee. The license of each driver training
instructor may be renewed subject to the same conditions of the original
license, and upon the payment of annual renewal license fee of $35.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-416)
Sec. 6-416. Licenses: Form and Filing. All applications for renewal
of a driver training school license or driver training instructor's
license shall be on a form prescribed by the Secretary, and must be
filed with the Secretary not less than 15 days preceding the expiration
date of the license to be renewed.
(Source: P.A. 87-829; 87-832.)
(625 ILCS 5/6-417)
Sec. 6-417. Instructor's license.
Each driver training instructor's license shall authorize the
licensee to instruct only at or for the driver training school indicated
on the license. The Secretary shall not issue a driver training
instructor's license to any individual who is licensed to instruct at or
for another driver training school.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-418)
Sec. 6-418. Instructor's Records.
Every licensee shall keep a record showing the name and address of
each person given instruction and the instruction permit or driver's
license number of every person given instruction in the driving of a
motor vehicle, and shall show the particular type of instruction given
and how much time was devoted to each such type of instruction. Such
records shall be open to the inspection of the Secretary or his
representatives at all reasonable times, but shall be for the
confidential use of the Secretary.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-419)
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.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-420)
Sec. 6-420. Denial, Cancellation, Suspension, Revocation and Failure
to Renew License. The Secretary may deny, cancel, suspend or revoke, or
refuse to renew any driver training school license or any driver
training instructor license:
(1) When the Secretary is satisfied that the licensee fails to meet
the requirements to receive or hold a license under this Code;
(2) Whenever the licensee fails to keep the records required by
this Code;
(3) Whenever the licensee permits fraud or engages in fraudulent
practices either with reference to a student or the Secretary, or
induces or countenances fraud or fraudulent practices on the part of any
applicant for a driver's license or permit;
(4) Whenever the licensee fails to comply with any provision of
this Code or any rule of the Secretary made pursuant thereto;
(5) Whenever the licensee represents himself as an agent or
employee of the Secretary or uses advertising designed to lead or which
would reasonably have the effect of leading persons to believe that such
licensee is in fact an employee or representative of the Secretary;
(6) Whenever the licensee or any employee or agent of the licensee
solicits driver training or instruction in an office of any department
of the Secretary of State having to do with the administration of any
law relating to motor vehicles, or within 1,500 feet of any such office;
(7) Whenever the licensee is convicted of driving while under the
influence of alcohol, other drugs, or a combination thereof; leaving the
scene of an accident; reckless homicide or reckless driving; or
(8) Whenever a driver training school advertises that a driver's
license is guaranteed upon completion of the course of instruction.
(Source: P.A. 85-951.)
(625 ILCS 5/6-421)
Sec. 6-421. Judicial Review. The action of the Secretary in
cancelling, suspending, revoking or denying any license under this Act
shall be subject to judicial review in the Circuit Court of Sangamon
County or the Circuit Court of Cook County, and the provisions of the
Administrative Review Law, and all amendments and modifications thereto,
and the rules adopted pursuant thereto, are hereby adopted and shall
apply to and govern every action for judicial review of the final acts
or decisions of the Secretary under this Act.
(Source: P.A. 82-783.)
(625 ILCS 5/6-422)
Sec. 6-422. Prior law and licenses thereunder.
This Act shall not affect the validity of any outstanding license
issued to any driver training school or driver training instructor by
the Secretary of State under any prior law, nor shall this Act affect
the validity or legality of any contract, agreement or undertaking
entered into by any driver training school or driver training
instructor, or any person, firm, corporation, partnership or association
based on those provisions of any prior law.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-423)
Sec. 6-423. Deposit of fees.
Fees collected under this Article shall be deposited in the Road
Fund.
(Source: P.A. 76-1586.)
(625 ILCS 5/6-424)
Sec. 6-424. Injunctions. If any person operates in violation of any
provision of this Article, or any rule, regulation, order, or decision
of the Secretary of State established under this Article, or in
violation of any term, condition or limitation of any license issued
under this Article, the Secretary of State, or any other person injured
as a result, or any interested person, may apply to the circuit court of
the county where the violation or some part occurred, or where the
person complained of has an established or additional place of business
or resides, to prevent the violation. The court may enforce compliance
by injunction or other process restraining the person from further
violation and compliance.
(Source: P.A. 87-829; 87-832.)
Curriculum Sec. A-1. Must be on file: One copy of the current outline covering the topics, chapters, materials & lessons plans to be taught in the "classroom phase" of instruction. Classroom instruction that includes not less than 30 class hours. Instructional periods are to be no longer than two hours daily with meetings distributed regularly throughout the minimum of four complete weeks. A maximum number of students that does not exceed 35 per class for classroom instruction. Classroom instruction must include subject matter relating to the rules of the road, safe driving practices, pedestrian safety, driver responsibility, use of alcohol and drugs while driving, theory of driving, defensive driving techniques, behavioral characteristics of drivers, auto insurance and financial responsibility, development of perception for driving, emergency situation procedures and the use of automobile safety devices. Sec. A-2 One Copy of the current outline covering the topics to be taught in the "behind the wheel phase" of instruction. This outline must be approved by the Illinois Secretary of State. Substantial changes or revisions to the outline must likewise be approved.
The course must include: Evidence that laboratory instruction does not begin until such time as the student is enrolled in a classroom program of driver education and possesses the basic information required for safe operation of a vehicle in traffic. At least four hours of classroom instruction must be given before in-car lessons are started. Evidence that each student has in possession a valid instruction permit issued by the Secretary of State when engaged in vehicle operation. Evidence that not less than two nor more than four students are to occupy the car with an instructor when instruction is in progress. Evidence that student driving experiences are for periods of not more than 90 minutes for each student, per session; Evidence that accumulation of six hours of practice driving shall be distributed regularly throughout a minimum of two complete weeks; Evidence that a minimum of six hours of observation time in the car is achieved; Exception: If it is obvious that a student becomes disturbed by having an observer in the car while he or she is behind the wheel, or when a parent requests that observers be excluded, or when the level of students achievement is so low as to probably be embarrassing in the presence of an observer, the behind the wheel lesson may be given privately. Evidence that lesson time or practice driving time is not used to call for, deliver, or dismiss other students to their homes or pick up points. Evidence that practice driving instruction includes actual experience in starting, stopping, shifting, turning, backing, parking, steering, and emergency situation procedures in a vehicle equipped according to the regulations. Section. B; Student Information School must provide: Sec. B-1; Evidence of satisfactory driver education course completion verifying that each student has achieved the minimum competencies that satisfy course objectives and eligibility for the Illinois Driver Education Certificate. Sec. B-2; A regular schedule of classroom testing measuring student progress in acquiring information, knowledge, and skills. Criteria for passing or failing the course must be evident to the students and successful completion clearly defined. Sec. B-3; Information to each student prior to the time instruction begins of the form and amount of any and all fees or charges made for enrollments or registration, tuition, use of equipment, text and reference materials, supplies and any service, equipment or materials provided by the commercial driving school. Section. C; Instructional Staff Sec. C-1; The rules, regulations and procedures referring to instructional staff require that the commercial school operating an under-18 driver training program provide/assure: An alphabetized list of all instructors working in each/either phase of the under 18, driver training. Section. D: Records Student records must be kept on each individual participating in a driver education program. These records must substantiate participation and verify the claims made for certification. Sec. D-1; Provide a copy of the student record form that substantiates each students: daily attendance/absence dates; lesson time; beginning and ending dates of classroom instruction periodic evaluation of each student class make-up dates; social security number instruction permit number full name ( including proper first and middle names ); address; behind the wheel and observation time verification of eligibility pursuant to 625 ILCS 5/6-408.5 Note: Driver education participation records are to be kept readily available for a period of not less than three years. Sec. D-2; Schools that employ more than one teacher must designate one person responsible for coordination reports and keeping records. Provide the name and title of the person so designated. |
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