Current through Register Vol. 48, No. 38, September 20, 2024
a) The Secretary of
State will not issue a driver training instructor's license to, or will deny,
cancel, suspend, or revoke a driver training instructor's license of:
1) Any person who:
A) has not held a valid driver's license for
any 2-year period preceding the date of application for an instructor's
license; and
B) intends to instruct
in CDL classification A, B, C, L, or M classification, as defined in 92 Ill.
Adm. Code 1030.30 and has not held that
classification or higher for 2 consecutive years immediately prior to the date
of application.
2) Any
person who has been convicted of 3 or more offenses against traffic regulations
governing the movement of traffic within the 2-year period immediately
preceding the date of application for an instructor's license;
3) Any person who has had 2 or more
convictions of a violation that caused an auto accident within the 2-year
period immediately preceding the date of application for an instructor's
license;
4) Any person who has a
single conviction within 10 years prior to the date of application or any
person who has 2 or more convictions of the following offenses:
A) driving under the influence of alcohol
and/or other drugs, pursuant to IVC Section 11-501;
B) leaving the scene of an accident involving
death or personal injuries, pursuant to IVC Section 11-401;
C) reckless homicide, pursuant to Section 9-3
of the Criminal Code of 2012 [720 ILCS 5 ];
D) reckless driving, pursuant to IVC Section
11-503;
E) any sex- or drug-related
offense; or
F) a similar provision
of a local ordinance or a similar provision of the law of any other state or
territory of the United States.
5) Any person who has failed to pass the
written test or highway safety sign test required by the Department for
applicants for a driver training instructor's license;
6) Any person who is physically unable to
safely operate a motor vehicle or to safely train others in the operation of a
motor vehicle as determined by a licensed physician pursuant to IVC Section
6-411(d). An application/medical examination form provided by the Secretary of
State shall be completed by the applicant and physician. The physician's
medical examination form shall contain the applicant's ability to safely
operate a motor vehicle. The form shall also contain an indication of the
person's eyesight, hearing, mental alertness, reflexes, and whether the person
has normal use of limbs and feet. The physician must also provide an address
and the date and place of the examination. Those persons who are solely
classroom instructors shall comply with subsection (c);
7) Any person who fails to properly and fully
complete an application for a license or is otherwise unqualified to receive a
driver training instructor's license;
8) Any person who is not employed or
associated with a driver training school licensed by the Department as required
pursuant to IVC Section 6-417;
9)
Any person who is currently a salaried or contractual employee of the Secretary
of State, as mandated by the guidelines of the Secretary of State's Office
policy manual that states that an employee shall not advocate or promote
specific professional or commercial services to the public in matters under the
jurisdiction of the Office of the Secretary of State;
10) Any person who fails to supply a complete
set of fingerprints to the Department as required pursuant to IVC Section
6-411(b);
11) Any person who is not
at least 21 years of age and a resident of the State of Illinois;
12) Any person who is not of good moral
character as required pursuant to IVC Section 6-411(a). In making a
determination of good moral character, the Department is not limited to, but
may consider, the following:
A) If the person
has been convicted of a felony or misdemeanor, the Department will consider:
i) The relationship of any crime of which the
person has been convicted to the ability to act as a driver training school
instructor;
ii) The length of time
that has elapsed since the applicant's last criminal conviction;
iii) Whether the applicant successfully
completed any sentence imposed with the convictions; and
iv) Whether the applicant has multiple
convictions for felony or misdemeanor offenses.
B) If the person has been indicted or
formally or otherwise charged with a felony or a misdemeanor, the license will
be either denied or cancelled.
i) If the
person whose commercial driver training school instructor license has been
denied or cancelled under this Part is adjudicated "guilty" by the court
systems, the denial or cancellation previously entered on the person's record
in accordance with Section
1060.190(b)
will stand. This action does not preclude further suspension or revocation of
the commercial driver training school instructor license under another Section
of this Part or the IVC.
ii) If the
person whose commercial driver training school instructor license has been
denied or cancelled under this Part is adjudicated "not guilty" by the court
systems, the denial or cancellation previously entered on the license in
accordance with Section
1060.190(b)
will be rescinded. This action does not preclude further suspension or
revocation of the commercial driver training school instructor license under
another Section of this Part or the IVC.
iii) If the person whose commercial driver
training school instructor license has been denied or cancelled under this Part
is granted a disposition of "court supervision" by the court systems, the
denial or cancellation previously entered on the license in accordance with
Section 1060.190(b)
will be rescinded. This action does not preclude further suspension and/or
revocation of the commercial driver training school instructor license under
another Section of this Part or the IVC;
13) Any person whose suspension under IVC
Section 11-501.1, 11-501.6, 11-501.8, 11-501.9 or a similar provision of a
local ordinance, or a similar provision of the law of any other state or
territory of the United States has terminated within 10 years prior to the date
of application; or to any person with more than one of these
suspensions;
14) Any person who has
not completed a 30-hour course or an equivalent college or university course
approved by the Director of the Department or has not had previous teaching or
training experience. Teaching and training experience shall include, but is not
limited to, primary and secondary education teacher, Third Party Certification
Program Safety Officer, or trainer or teacher at a private entity.
A) Any person possessing a current and valid
commercial driver training instructor's license, or who is renewing a
commercial driver training license issued by the Secretary of State's Office,
is exempt from this requirement.
B)
A driver training school whose instructor provides training to individuals
under the age of 18 years is exempt from this requirement and must complete the
mandatory 48-hour course as required in Section
1060.180;
15) A CDL accredited instructor who is
currently licensed as a CDL Third Party Certification Program Safety
Officer;
16) Any instructor or
applicant who is an administrator or teacher of a State-approved high school
driver education program;
17) Any
currently licensed instructor who has been convicted of violating IVC Section
11-507 or to an applicant who has been convicted of violating IVC Section
11-507 within 10 years prior to the date of application.
b) No driver training instructor shall
provide behind-the-wheel instruction in a vehicle that is classified higher
than the classification of the instructor's driver's license. An instructor may
hold two classifications: one classification from Classes A, B, C and D, and
one classification from Classes L and M, as defined in 92 Ill. Adm. Code
1030.30. An instructor holding a Class A commercial driver's license may teach
students to drive all Class A, B, C and D vehicles. An instructor holding a
Class B commercial driver's license may teach students to drive all Class B, C
and D vehicles. An instructor holding a Class C commercial driver's license may
teach students to drive all Class C and D vehicles. However, an instructor
holding a non-commercial driver's license may only teach students who do not
require a commercial driver's license. An instructor holding a Class M license
may teach students to drive all Class L and M vehicles.
c) Any person who is physically unable to
safely operate a motor vehicle but meets all other requirements to be a driver
training instructor may teach only the classroom portion of the driver training
course upon receipt of a doctor's statement indicating the person is physically
able to teach in the classroom. The person must also pass the written test, as
provided in 92 Ill. Adm. Code
1030.80, and the highway safety
sign test, and submit all applicable fees as set out in IVC Section 6-411
before being issued an instructor's license for classroom instruction
only.
d) All instructors who are no
longer employed or associated with the designated school on their license must
submit a new complete instructor's license application and application fee
before being licensed to instruct at another school or in the same school after
having left employment.
e) If a
driver training instructor license is not renewed within one year after the
previous year's expiration date, the applicant shall be required to take
examinations pursuant to Section
1060.130.
f) An instructor shall not engage in
fraudulent activity as defined in Section
1060.5.
g) During any and all interactions with
students, an instructor:
1) must not engage in
activity that puts the student in danger;
2) must not engage in reckless behavior;
and
3) must maintain a professional
relationship with students at all times.
h) An individual whose commercial driver
training school instructor license has been cancelled pursuant to this Part may
request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.
i) An instructor of a commercial driver
training school that provides motorcycle instruction may not provide any person
with an Illinois Department of Transportation Rider Education Course Completion
Card.
