Section 1060.120 Requirements to Obtain and Retain a Driver Training Instructor's License

Section 1060

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1060 COMMERCIAL DRIVER TRAINING SCHOOLS

SECTION 1060.120 REQUIREMENTS TO OBTAIN AND RETAIN A DRIVER TRAINING INSTRUCTOR'S LICENSE

Section 1060.120

Requirements to Obtain and Retain a Driver Training Instructor's License

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

,

including a temporary visitor's driver's license,

for any

two-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 three or more offenses

against traffic regulations governing the movement of traffic within the

two-year

period immediately preceding the date of

application for an instructor's license;

3)         Any person who has had two or more convictions of a violation that

caused an auto accident within the two-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 two 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

provis

n 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

competent medical examiner

pursuant

to IVC Section 6-411(d).

A Driving Instructor

Physical Form

provided by the Secretary of State shall be completed by

the applicant and

competent medical examiner

.

The Driver Instructor Physical Form shall contain

information

pertaining to the applicant's eyesight, hearing, mental alertness, reflexes,

and whether the applicant has normal use of limbs and feet and a certification

by the competent medical examiner of whether the applicant is physically

qualified to train an individual in the operation of a motor vehicle

.

The

competent medical examiner

must also

provide an address and the date and place of the examination

ing to the applicant's eyesight, hearing, mental alertness, reflexes,

and whether the applicant has normal use of limbs and feet and a certification

by the competent medical examiner of whether the applicant is physically

qualified to train an individual in the operation of a motor vehicle

.

The

competent medical examiner

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)

nder 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

mercial

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

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

wo 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

ing 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.