Current through Register Vol. 48, No. 38, September 20, 2024
a) For purposes of this Section, the
following definitions shall apply:
"Cancellation of Third-Party Certifying Entity License" - the
annulment or termination by formal action of the Secretary of State of a
Third-Party Certifying Entity License because of some error or defect in the
license or because the licensee is no longer entitled to the license.
"Cancellation of Third-Party Certification Safety Officer
License" - the annulment or termination by formal action of the Secretary of
State of a Third-Party Certification Safety Officer License because of some
error or defect in the license or because the licensee is no longer entitled to
the license.
"Certify" - transmittal to the Department by a third-party
certifying entity that an employee or member of the entity has successfully
passed the CDL skills tests.
"Denial of Third-Party Certifying Entity License" - to prohibit
or disallow the privilege to obtain a Third-Party Certifying Entity License by
the Secretary of State.
"Denial of Third-Party Certification Safety Officer License" -
to prohibit or disallow the privilege to obtain a Third-Party Certification
Safety Officer License by the Secretary of State.
"Department" - the Department of Driver Services within the
Office of the Secretary of State.
"Federal Motor Carrier Safety Administration" or "FMCSA" - a
separate administration within the U. S. Department of Transportation dedicated
to improving the safety of commercial motor vehicles and saving lives.
"Revocation of Third-Party Certifying Entity License" - the
termination by formal action of the Secretary of State of a Third-Party
Certifying Entity License; the termination shall not be subject to renewal or
restoration.
"Revocation of Third-Party Certification Safety Officer
License" - the termination by formal action of the Secretary of State of a
Third-Party Certification Safety Officer License; the termination shall not be
subject to renewal or restoration.
"Safety Officer" - any individual employed by a third-party
certifying entity who is licensed by the Department to administer the CDL
skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2018) to
the entities' employees and members. A safety officer is equivalent to a Third
Party Skills Test Examiner as defined in
49
CFR 383.5 (October 1, 2018).
"Skills Tests" - Those tests specified in subparts G and H of
49 CFR 383 (October 1, 2018).
"Suspension of Third-Party Certifying Entity License" - the
temporary withdrawal by formal action of the Secretary of State of a
Third-Party Certifying Entity License for a period specifically designated by
the Secretary.
"Suspension of Third-Party Certification Safety Officer
License" - the temporary withdrawal by formal action of the Secretary of State
of a Third-Party Certification Safety Officer License for a period specifically
designated by the Secretary.
"Third-Party Certification License" - a license issued by the
Secretary of State to a third-party certifying entity that allows the entity to
participate in the third-party certification program.
"Third-Party Certification Program" - a Secretary of State
program that allows a third-party entity to administer the CDL skills tests
specified in subparts G and H of 49 CFR 383 (October 1, 2018) to its employees
or members.
"Third-Party Certifying Entity" or "Entity" - an entity
licensed by the Secretary of State to participate in the third-party
certification program. A third-party certifying entity is equivalent to a third
party tester as defined in
49
CFR 383.5 (October 1, 2018).
b) The Department shall not
require an actual demonstration of the ability of the driver applicant to
operate and exercise ordinary and reasonable control of a motor vehicle when
the driver applicant has successfully completed the CDL skills tests
administered by a safety officer of a third-party certifying entity, if the
entity complies with the following requirements:
1) License Required - No person, firm,
association, partnership or corporation shall operate a third-party
certification program unless a license has been issued by the Secretary of
State. When an application is submitted for an original third-party
certification license or Safety Officer License, the applicant or applicants
shall not conduct any business as a third-party certifying entity or safety
officer until a license is issued by the Department pursuant to the
requirements of subsections (d) and (i).
2) Certify Only Employees or Members - A
third-party certifying entity shall certify only those driver applicants who
are employed by and on the payroll of the entity at the time of certification.
Third-party entities that are unions or fire departments shall certify only
those driver applicants who are members at the time of certification.
3) A third-party certifying entity shall not
enter into any agreement with employees/members it certifies that provides for
compensation, reimbursement or any form of consideration, including but not
limited to monies, credits, services or payroll withholding, payable to the
third-party entity, in exchange for training and/or testing from the
employee/member who is certified.
4) A third-party certifying entity shall not
accept compensation, reimbursement or any form of consideration, including but
not limited to monies, credits, services or payroll withholding, in exchange
for training and/or testing from any employee/member who is
certified.
5) A third-party
certifying entity shall not engage in or permit any type of fraudulent
activity, with reference to either any certified individual or the Secretary of
State.
6) A third-party certifying
entity must enter into a written agreement with the Secretary of State that
delineates the responsibilities and requirements the entity must meet and
adhere to.
c) Licenses
May Not Be Assigned. No individual, partnership, association or corporation may
sell, assign, barter or trade a third-party certification license or Safety
Officer License issued by the Department.
d) Requirements - Third-Party Certifying
Entities
1) The entity shall have at least one
employee who is licensed as a safety officer for the entity. A Safety Officer
License may only test and certify employees or members in the classification
indicated on the Safety Officer License.
2) The entity shall have a regularly
established place of business in the State of Illinois, with the exception of
entities having a regular place of business in a contiguous state (Indiana,
Missouri, Wisconsin, Iowa and Kentucky). Any entity having its headquarters in
a contiguous state that wishes to participate in the third-party certification
program shall have an appointed agent, for purposes of this program, who is
licensed as a safety officer and holds a valid Illinois driver's license or a
CDL issued by a contiguous state.
A) The
established place of business of each entity must consist of at least the
following permanent facilities:
i) an office
facility;
ii) appropriate space to
conduct all basic control skills tests pursuant to Section
1030.85
as follows:
* For Class B and Class C vehicles, an area of at least 15 feet
wide by 100 feet long;
* For Class A vehicles, areas of 240 feet long by 12 feet wide
to conduct straight-line backing, 180 feet long by 24 feet wide to conduct
offset backing, and 180 feet long by 12 feet wide to conduct parallel parking.
All skills tests do not need to be conducted in one space/lot.
B) An entity that has
an established place of business may operate a branch facility, provided the
branch facility meets all requirements of the main facility pursuant to
subsections (d)(2)(A) and (d)(2)(D).
C) Upon receipt by the Secretary of State of
a written request to open a branch facility, an authorized representative of
the Secretary of State shall inspect the branch facility and, if the facility
meets the provisions of this Section, shall issue the appropriate license that
must be displayed in a visibly prominent place in the branch
facility.
D) Each location must
comply with public health and safety standards contained in the Public Building
Egress Act [415 ILCS 55 ], the Natural Gas Odor Injection Act [430 ILCS 25 ],
and the Environmental Barriers Act [410 ILCS 25 ].
3) The entity shall submit to the Department
a copy of any subcontract of services described in this Part.
4) The entity shall have a prescribed
physical driving course for each location and be required to meet a driving
skills test with the same minimum standards as the course used for testing by
the Department pursuant to Section 1030.85.
5) The entity shall have access to a properly
registered motor vehicle of the representative classification that the
employee/member operates or expects to operate.
6) The entity shall provide the
employee/member who takes and passes the skills tests with a fully completed
Certification of Drive Test By Third Party Certifying Entity that certifies the
individual has successfully passed the skills tests administered by the safety
officer of the third-party certifying entity.
7) The entity shall collectively submit
completed application forms to the Department for each main office, branch
office and safety officer.
8) The
entity shall have and use a business telephone listing for all business
purposes.
9) If a licensed safety
officer is temporarily suspended, laid-off or discharged by a third-party
certifying entity, the entity shall immediately notify the Department, on forms
furnished by the Department, of the name, address and license number of the
safety officer, the officer's termination date and reason for termination. In
all cases in which a safety officer has ceased working for the third-party
certifying entity, the safety officer must surrender the third-party Safety
Officer License to the Department.
10) Records - All entities licensed by the
Secretary of State must maintain the following records for a period of four
years, at the licensed location where the testing took place:
A) The name and address of each
employee/member certified by the entity, the instruction permit or driver's
license number of every employee/member, the results of the final skills test,
including endorsements, given to each employee/member, the name of the safety
officer who administered the skills test, and the license plate number of the
vehicle used in the test.
B) Proof
of eligibility for certification of each employee/member certified.
C) Proof of proper training for each CDL
certified employee/member, who did not hold a valid CDL at the time of testing
or has never held a valid CDL, including dates of training and the names of all
trainers that provided training, shown on the form provided by the Department
or an equivalent form approved by the Department.
D) Documentation, including dates of training
and the names of the trainers, of any training provided to each CDL certified
employee/member who held a valid CDL at the time of testing or has ever held a
CDL.
E) Failure to maintain the
required records, and/or the maintenance of incomplete records, shall be prima
facie evidence that the required testing was not administered.
11) Auditing - CDL Skills Test
A) Entities shall allow the Department and
FMCSA or its representatives to conduct random examinations, inspections and
audits without prior notice pursuant to
49 CFR 383.75
and
384.229
(October 1, 2018), including audits of employment records of individuals
certified by the third-party certification entity and any and all agreements or
contracts governing the employer/employee relationship or entity/member
relationship as it pertains to training or testing.
B) The Department shall conduct on-site
inspections at least biennially, but is authorized to conduct inspections more
frequently.
C) Entities shall allow
Department employees to co-score, along with the safety officer, during skills
tests administered to the entity's employees or members to compare pass/fail
results.
D) At least once every 2
years, the Department shall either:
i) Have
Department employees covertly take the skills test administered by the entity's
safety officer as if the Department employee were a test applicant;
ii) Have Department employees co-score along
with each third-party examiner during CDL skills tests to compare pass/fail
results; or
iii) Retest a sample of
drivers who were examined by the entity to compare pass/fail results. The
Department may reexamine any individual who was tested and certified by a
third-party entity. If the results of the random examination reflect a failure
rate greater than the Department's current acceptable failure rate of 20
percent, the Department shall notify the entity in writing of the need to
retrain the failed applicants. The retraining must be completed within 30 days
after the random examination. The Department shall administer the skills tests
for the retrained applicants. The Department's Commercial Driving Training
School Section will determine the location and time of the retesting.
12) Entities shall
display in a prominent place at the established place of business the
following:
A) The license issued by the
Department to the entity; and
B)
The Safety Officer Licenses of all safety officers employed by the
entity.
13) Prior to
administering the skills tests, the entity must provide training on the CDL
skills tests as specified in Section
1030.85
to each employee/member who does not currently hold, or has never held, a valid
CDL. The training shall be given in equally scheduled intervals over a period
of at least 14 days.
14) The entity
must provide the Department with the names of all employees or members it
tested and certified from a non-CDL classification to a CDL classification
whose employment/membership terminated within six months after the date of
certification.
A) The Department shall cite
these individuals to be retested by the Secretary of State in a properly
classified vehicle. If the individual passes the skills test, the individual
may maintain the driver's license classification originally certified by the
entity. If the individual fails any part of the skills test, the individual
shall be downgraded to the non-CDL classification held prior to being
certified.
B) The Department shall
provide each entity with a Verification of Continual Employment form to assist
the entity in determining the names of the employees or members who have
terminated their employment/membership within six months after being
certified.
15) The
entity may not have a current unsatisfactory safety rating from FMCSA as
defined in
49 CFR
385.3 (October 1, 2018).
16) The entity must submit a schedule of CDL
skills tests appointments, in a manner prescribed by the Department, including
but not limited to dates, times and locations of testing, to the Department, no
later than two business days prior to each test.
17) Unless the entity is a governmental
agency, the entity must secure and maintain a continuous surety bond in the
Principal sum of $10,000, underwritten by a company authorized to do business
in the State of Illinois, which represents a sufficient amount to pay for
re-testing drivers in the event that the entity or one or more of its safety
officers is involved in fraudulent activities related to the skills testing of
its employees or members. 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 bond may cancel the bond on giving
30 days' notice in writing to the Secretary of State and shall be relieved of
liability for any breach of any conditions of the bond that occurs after the
effective date of cancellation. All bonds filed pursuant to this provision
shall be in substantially the following form:
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Know All Persons by These Presents, That We,
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, of
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hereinafter referred to as Principal and
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, a
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corporation organized and existing to do business in
the State of Illinois, for the use and benefit of all persons who may be
damaged by breach of this bond, as Obligees, in the penal sum of $10,000,
lawful money of the United States of America, for the payment of which sum,
well and truly to be made, we bind ourselves, our executors, administrators,
successors and assigns, firmly by these presents. The condition of this
obligation is such that the Principal has made application to the Illinois
Secretary of State for licensure as a third-party certifying entity for the
purpose of administering CDL skills tests to employees or members of the
Principal. Therefore, if the Principal faithfully complies with the Illinois
Vehicle Code and all State and federal rules and regulations that have been or
may hereafter be in force concerning the license, and shall save and keep
harmless the Illinois Secretary of State, the Obligee, from all loss or damage
that may be sustained as a result of re-testing drivers in the event that the
Principal or one or more of its safety officers is involved in fraudulent
activities related to conducting skills testing of applicants for a commercial
driver's license this obligation shall be void; otherwise, this obligation
shall remain in full force and effect. The bond will expire but may be
continued by renewal certificate signed by Principal and Surety. Regardless of
the number of years this bond is in effect, the number of third-party
certifying entity license renewals, the number of premiums paid or the number
of claims made, the Surety's aggregate liability shall not be more than the
penal sum of this bond. The Surety may at any time terminate its liability by
giving 30 days' written notice to the SOS Commercial Driver Training School
Section of the Driver Services Department, 1800 W. Hawthorne Lane, West
Chicago, Illinois 60185, and the Surety shall not be liable for any default
after that 30-day notice period, except for defaults occurring prior
thereto.
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Signed, Sealed and Dated this
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day of
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, 20
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Principal
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Surety
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By
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Attorney-in-fact
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18)
Within three days after an employee or member passes the CDL skills tests
administered by the entity, the entity shall transmit the score sheet to the
Department through secure electronic means prescribed by the
Department.
e) Skills
Tests
1) Any CDL or school bus skills tests
administered by an entity must be conducted by a safety officer as specified in
49 CFR 383.75
(October 1, 2018). A safety officer licensed to administer skills tests is
prohibited from administering a skills test to an individual who received
skills training from that safety officer.
2) Driving Skills - The entity shall have a
prescribed physical driving course for each location and is required to
administer a skills test with the same minimum standards used by the Department
as provided in Section 1030.85.
3)
Pre-Trip Inspection - When applicable, the entity shall test and the
employee/member shall demonstrate skills necessary to conduct a pre-trip
inspection, which include the ability to:
A)
locate and verbally identify air brake operating controls and monitoring
devices;
B) determine the motor
vehicle's brake system condition for proper adjustments and that the air system
connections between vehicles have been properly made and secured;
C) inspect low pressure warning devices to
ensure they will activate in emergency situations;
D) ascertain, with the engine running, that
the system contains an adequate supply of compressed air;
E) determine that the required minimum air
pressure build up at the time is within acceptable limits and that required
alarms and emergency devices automatically deactivate at the proper pressure
level; and
F) operationally check
the brake system for proper performance.
4) Restrictions and/or Endorsements -
Entities - conducting skills tests for restrictions, passenger endorsements
and/or school bus endorsements must administer a skills test with the same
minimum standards as a test administered by the Department as provided in
Section
1030.92.
5) Entities conducting road tests for
motorcycle and non-CDL A, B or C classifications are not bound by subsections
(e)(1) through (4), but instead must administer a road test prescribed by the
Department as provided in Section 1030.85.
A)
Motorcycle skills tests must include at least the following:
i) basic vehicle control skills;
ii) safe driving skills;
iii) visual search;
iv) speed and space management; and
v) mounting and dismounting.
B) Non-CDL A, B or C
classification road tests must include at least the following:
i) basic vehicle operation;
ii) safe driving skills;
iii) speed and attention;
iv) lane and right of way
observance;
v) obeying traffic
control devices; and
vi) use of
special equipment.
6) Require Instruction Permit - Before an
employee/member may be skills tested and certified by an entity, the
employee/member must obtain an instruction permit from the Department for the
specific vehicle classification in which the employee/member intends to be
licensed. The employee/member must hold a valid instruction permit for a period
of at least two weeks prior to being skills tested and certified by an entity,
if not currently licensed in the classification representative of the vehicle
the employee/member intends to drive.
f) Issuance of Third-Party Certifying Entity
Licenses
1) The Department shall issue a
license to conduct business as a third-party certification program when it is
satisfied the entity applying for a third-party certification license has met
the requirements.
2) All licenses
issued to any third-party certifying entity shall remain valid unless canceled,
suspended or revoked. The Department shall send affidavits to, and conduct
audits of, each licensee annually to determine that the licensee remains in
compliance with the requirements.
g) Denial, Cancellation, Suspension and
Revocation of Third-Party Certifying Entity Licenses
1) The Secretary of State shall deny an
application for a third-party certifying entity license:
A) to any entity that submits a fraudulent
application.
B) to any entity that
currently employs individuals currently employed by the Secretary of
State.
C) to any entity that owes
outstanding fees to the Secretary of State.
D) to any third-party certifying entity that
lacks a safety officer.
E) when an
entity's physical location:
i) fails to comply
with public health and safety standards contained in the Public Building Egress
Act, the Natural Gas Odor Injection Act, and/or the Environmental Barriers
Act.
ii) fails to have a telephone
that is registered to the entity.
F) to any
entity with a current unsatisfactory rating from FMCSA.
G) to any commercial driver training
school.
H) to any entity that
enters into any agreement with employees/members it certifies that provides for
compensation or any form of consideration, including but not limited to monies,
credits, services or payroll withholding, in exchange for training and/or
testing from the certified employee/member.
I) to any entity that accepts compensation or
any form of consideration, including but not limited to monies, credits,
services or payroll withholding, in exchange for training and/or testing from
any certified employee/member who is certified.
J) to any entity that fails to maintain a
continuous surety bond.
2) The Department may cancel a third-party
certifying entity license for failing to correct, after five business days, any
of the following violations:
A) the entity
employs individuals currently employed by the Secretary of State.
B) the entity owes outstanding fees to the
Secretary of State.
C) the entity
lacks a safety officer.
D) the
entity fails to meet location standards by:
i)
failing to comply with public health and safety standards contained in the
Public Building Egress Act, the Natural Gas Odor Injection Act, and the
Environmental Barriers Act.
ii)
failing to have a telephone that registers to the third-party certification
entity.
E) the entity
currently has an unsatisfactory rating from FMCSA.
F) the entity is a commercial driver training
school.
G) the entity fails to
maintain a continuous surety bond.
3) The Department may suspend for up to one
year or revoke an entity's license for any violation of this Section, depending
on the seriousness of the violation, whether the violation has been corrected,
and how long the violation was unremediated.
h) Issuance of Safety Officer License
1) The Department shall issue a license to
each safety officer when satisfied that the person has met the qualifications
required under this Section. Each Safety Officer License shall authorize the
licensee to administer tests solely for the employer indicated on the license,
except when the safety officer is employed by an entity providing contractual
services to the third-party certification entity.
2) An individual may be issued two safety
officer licenses in the following combinations:
A) as a safety officer for two governmental
agencies; or
B) as a safety officer
for a private entity and a governmental agency.
3) All licenses issued to any safety officer
shall remain valid unless canceled, suspended or revoked.
i) Safety Officer
1) Requirements
A) A safety officer may only test and certify
employees or members in the class that is indicated on the officer's Safety
Officer License.
B) A safety
officer who applies to administer skills tests to individuals for CDLs must
complete a CDL skills test examiner training course and examination in
accordance with
49 CFR
384.228(d) and (e) (October
1, 2014) and submit to a nationwide criminal background check in accordance
with
49 CFR
384.228 (October 1, 2014). Fingerprints shall
be submitted to the Illinois State Police in accordance with 20 Ill. Adm. Code
1265.30.
C) A safety officer must conduct skills
testing in accordance with subsection (e).
D) A safety officer shall not engage in or
permit any type of fraudulent activity, either with reference to any certified
employee or member or the Secretary of State.
E) A safety officer must maintain records in
accordance with subsection (d)(10).
F) If a safety officer does not administer at
least 10 separate skills tests per calendar year, the entity shall allow a
Department employee to accompany the safety officer to observe the safety
officer successfully administer at least one skills test or the safety officer
may take the refresher training specified in
49 CFR
384.228, including, but not limited to,
overviews of the third-party certification process, how to submit test results
electronically, testing protocols/procedures, the score sheet, scoring
standards, and required recordkeeping.
G) If a safety officer licensed to administer
CDL skills tests to employees or members must successfully complete a refresher
training course and written examination every four years to maintain the CDL
Safety Officer License.
2) Denial of License. The Department shall
deny a safety officer's license upon evidence the individual:
A) has been convicted of driving under the
influence of alcohol and/or other drugs (see IVC Section 11-501), leaving the
scene of a fatal accident (see IVC Section 11-401), reckless homicide (see
Section 9-3 of the Criminal Code of 2012 [720 ILCS
5/9-3] ), reckless driving (see IVC Section 11-503),
or similar out-of-state offenses within 10 years prior to the date of
application; or has been convicted two or more times of any of these offenses
or combination of these offenses within 20 years prior to the date of
application.
B) fails to properly
make application for the license.
C) is not employed by a third-party
certifying entity.
D) is currently
a salaried employee of the Secretary of State.
E) is not at least 21 years of age.
F) submits a fraudulent
application.
G) owes outstanding
fees to the Secretary of State.
H)
holds a driver's license that is currently canceled, suspended or
revoked.
I) holds a driver's
license that was suspended or revoked within a period of five years prior to
the date of application. However, suspensions related to auto emissions,
failure to pay child support and unpaid parking tickets will not be
considered.
J) has not held, for at
least two years immediately preceding application, a valid Illinois driver's
license or a driver's license from a contiguous state in the classification
and/or endorsement in which the individual intends to administer skills
tests.
K) does not meet the
training, testing and background check requirements of subsection
(i)(1)(B).
L) is an owner or
instructor of a commercial driver training school.
M) has been suspended pursuant to IVC Section
11-501.1, 11-501.6 or 11-501.8 within the 10 years prior to the date of
application, or has had two or more suspensions pursuant to IVC Section
11-501.1, 11-501.6 or 11-501.8, or combination thereof, within the 20 years
prior to the date of application.
N) violated any subsection of this
Section.
O) has any felony
conviction within the last 10 years (applies only to persons applying to
administer CDL skills tests).
P)
has any conviction involving fraudulent activities (applies only to persons
applying to administer CDL skills tests).
3) The Department shall immediately cancel a
safety officer's license upon evidence that the individual:
A) holds a driver's license that is currently
canceled, suspended or revoked.
B)
has not held, for at least two years immediately preceding application, a valid
license in the classification and/or endorsement in which the individual
intends to test.
C) administers CDL
skills tests to employees/members, but has not completed the training and
testing specified in subsection (i)(1)(B).
D) is no longer employed by the third-party
certification entity or no longer has a valid license.
E) is currently a salaried employee of the
Secretary of State.
F) owes
outstanding fees to the Secretary of State.
G) is an owner or instructor of a commercial
driver training school.
H) has a
felony conviction within the last 10 years (applies only to persons
administering CDL skills tests).
I)
has any conviction involving fraudulent activities (applies only to persons
administering CDL skills tests).
J)
fails to successfully complete a refresher training course and examination
every four years (applies only to persons administering CDL skills
tests).
4) The
Department may suspend for up to one year or revoke a safety officer's license
for any violation of this Section, depending on the seriousness of the
violation, whether the violation has been corrected, and how long the violation
was unremediated.
5) The Department
shall have the discretionary authority to issue warning letters to third-party
certifying entities or safety officers for violations of this
Section.
j) Hearings
1) Prior to the denial of a third-party
certifying entity and/or safety officer's license, the Department shall send
written notice to the entity and/or person. The third-party entity and/or
safety officer may request a formal hearing to contest the denial. The basis
for denial of a license is stated in subsections (g)(1) through (3) and
(i)(2)(A) through (O).
2) Prior to
the suspension or revocation of the license or accreditation of a third-party
certifying entity or safety officer, the Department will conduct a hearing in
accordance with 92 Ill. Adm. Code 1001, Subpart A and IVC Section 2-118, in
which the Department will present competent evidence to establish violations of
any regulations or laws governing third-party entities and/or safety officers
and seek the appropriate sanctions.
k) Review Under Administrative Law. Judicial
Review - The action of the Secretary of State in canceling, suspending,
revoking or denying any license under this Act shall be subject to judicial
review in accordance with IVC Section 2-118 and the provisions of the
Administrative Review Law [735 ILCS 5 /Art. III].
