Section 1060.5 Definitions

Section 1060

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1060 COMMERCIAL DRIVER TRAINING SCHOOLS

SECTION 1060.5 DEFINITIONS

Section 1060.5  Definitions

For purposes of this Part, the following definitions shall

apply:

"Administrator" −

any individual who is employed by or acts on behalf of a high school who

administers a State approved high school driver education program.

"Adult Driver Education

Course" − a six-hour classroom or online course of driver education

for persons ages 18, 19 or 20 offered by an adult driver education course

provider.

"Adult Driver Education

Course Provider" or "Provider" − an entity certified by

the Secretary of State to provide an adult driver education course in a

classroom setting, which also may be certified to offer an adult driver

education course online.

"Branch Office" – an

office of a commercial driver training school in a distinct location from the

main office, but that conducts business under the name and as a part of the

school as provided in IVC Article IV and that meets the requirements of Section

1060.50.

"Business Day" – any day

that the Office of the Secretary of State Commercial Driver School Division is

open, i.e., Monday through Saturday, excluding State holidays.

"Cancellation" – the

without prejudice annulment or termination by formal action of the Secretary of

a driver training school's license or a driver training school instructor's

license because of some error or defect in the license or because the licensee

is in some form of violation of any of the requirements in the Illinois Vehicle

Code or Illinois Administrative Code.  The annulment or termination shall not

be subject to renewal or restoration, except that an application for a new

license shall be presented and acted upon by the Secretary after the licensee

demonstrates compliance with the provisions of this Part for which the

cancellation was issued

form of violation of any of the requirements in the Illinois Vehicle

Code or Illinois Administrative Code.  The annulment or termination shall not

be subject to renewal or restoration, except that an application for a new

license shall be presented and acted upon by the Secretary after the licensee

demonstrates compliance with the provisions of this Part for which the

cancellation was issued.

"CDL Accreditation" –

the accreditation of a commercial driver training school by the Department that

allows the school to offer instruction to students who wish to obtain a CDL or

endorsement.

"CDL Study Guide" – a

study guide, compiled by the Secretary of State from information contained in

the Illinois Vehicle Code and 49 CFR 383, that is designed to aid drivers in

preparing for a CDL examination.

"Commercial Driver's

License" or "CDL" − a license issued by a state or other

jurisdiction, in accordance with the standards contained in 49 CFR 383

(2020;

this incorporation includes no later amendments or editions)

, to an

individual, which authorizes the individual to operate a certain class of

commercial motor vehicle as defined in IVC Section 1-111.6.

"Commercial Driver Training

School" – an entity licensed by the Secretary of State to engage in the

business of giving instruction 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 driver's license or permit.  This definition does not include school

districts and regional offices of education that share the cost of providing

entry-level driving training for current and prospective school bus driver

applicants of the district, so long as no fee is charged to the school bus

driver applicant.

"Commercial Driver Training

Section" – a unit of the Department of Driver Services that oversees the

licensing of commercial driving schools and the instructors in commercial

driver training schools

share the cost of providing

entry-level driving training for current and prospective school bus driver

applicants of the district, so long as no fee is charged to the school bus

driver applicant.

"Commercial Driver Training

Section" – a unit of the Department of Driver Services that oversees the

licensing of commercial driving schools and the instructors in commercial

driver training schools.

"Commercial Motor

Vehicle" or "CMV" –

a motor vehicle used in commerce,

except those referred to in Section 6-500(6)(B) of the Illinois Vehicle Code,

designed

to transport passengers or property if

:

the vehicle has a Gross Vehicle

Weight Rating (GVWR) of 26,001 pounds or more

or a lesser GVWR subsequently

determined by federal regulations (49 CFR 383 (2020)); or

any combination of vehicles with

a

Gross Combination Weight Rating

(GCWR)

of 26,001 pounds or more,

provided the GVWR of any vehicle or vehicles being towed is

10,001 pounds or

more

; or

the vehicle is designed to

transport 16 or more persons

; or

the vehicle is transporting

hazardous materials

and is required to be placarded in accordance with 49

CFR 172, subpart F (2020). [625 ILCS 5/6-500(6)]

"Competent Medical Examiner" – any person licensed

to practice medicine in all its branches in the State of Illinois or any other

state, a licensed physician assistant, or a licensed advanced practice

registered nurse.

"Defined Time Frame

Course" – A teen accredited

30-hour

classroom course that must be distributed regularly over a minimum period of 4 complete

weeks and must have definite starting and completion dates.  Students may not

be absent for more than four class sessions (eight clock hours) of the course.

"Department" – the Department

of Driver Services within the Office of the Secretary of State.

"Endorsement" – an

indication on the driver's license that the driver has qualified to operate

certain types and combinations of vehicles, or carry specified cargo

e definite starting and completion dates.  Students may not

be absent for more than four class sessions (eight clock hours) of the course.

"Department" – the Department

of Driver Services within the Office of the Secretary of State.

"Endorsement" – an

indication on the driver's license that the driver has qualified to operate

certain types and combinations of vehicles, or carry specified cargo.

"Enhanced Instruction Report"

– a report submitted on a form prescribed by the Department showing the name,

address, and number of behind-the-wheel instruction periods taken for every

student who has had 25 hours of behind-the-wheel instruction.

"Entry-level driver

training" – the training an entry-level driver receives from an entity

listed on the Federal Motor Carrier Safety Administration's Training Provider

Registry

(https://tpr.fmcsa.dot.gov/)

prior to:

taking the CDL skills test

required to receive the Class A or Class B CDL for the first time;

taking the CDL skills test

required to upgrade to a Class A or Class B CDL; or

taking the CDL skills test

required to obtain a passenger or school bus endorsement for the first time or

the CDL knowledge test required to obtain a hazardous materials endorsement for

the first time.

[625 ILCS 5/6-500(15.2)]

"

Fraudulent

Activity

" – includes anything calculated to deceive, whether it be

a single act or combination of circumstances, whether the suppression of truth

or the suggestion of what is false, whether it be by direct falsehood or by

innuendo, by speech or by silence.

"Gross Vehicle Weight

Rating" or "GVWR" – the value specified by the manufacturer or

manufacturers as the maximum loaded weight of a single vehicle.  The GVWR of a

combination of vehicles (commonly referred to as the "Gross Combination

Weight Rating" or "GCWR") is the GVWR of the power unit plus the

GVWR of the towed unit or units

by direct falsehood or by

innuendo, by speech or by silence.

"Gross Vehicle Weight

Rating" or "GVWR" – the value specified by the manufacturer or

manufacturers as the maximum loaded weight of a single vehicle.  The GVWR of a

combination of vehicles (commonly referred to as the "Gross Combination

Weight Rating" or "GCWR") is the GVWR of the power unit plus the

GVWR of the towed unit or units.  In the absence of a value specified by the

manufacturer, GCWR is determined by adding the GVWR of the power unit and the

total weight of the towed unit and any load on the unit.

[625 ILCS

5/1-124.5]

"Hazardous Materials" –

any material that has been designated as hazardous under 49 U.S.C. 5103 and is

required to be placarded under subpart F of 49 CFR 172 (2020) or any quantity

of a material listed as a select agent or toxin in 42 CFR 73 (2020).

"Illinois Vehicle Code"

or "Vehicle Code" or "IVC" − 625 ILCS 5.

"Instruction Record" – records

kept by the instructor to reflect the number of hours a pupil in a commercial

driver training school attends behind-the-wheel and classroom instruction as

provided in IVC Section 6-418.

"Main Office" – the

primary office of the commercial driver training school that is designed solely

for conducting the business of the school as provided in Article IV of the

Illinois Driver Licensing Law of the Illinois Vehicle Code.

"Physical Facilities" –

the building and items that constitute part of the building, including the

telephone and the furniture.

"Restriction" – the

notation on a driver's license or permit indicating requirements deemed

applicable to the licensee by the Department to assure safe operation of a

motor vehicle.

"Revocation" – the termination

by formal action of the Secretary of a commercial driver training school's license

or a commercial driver training school instructor's license.  The termination

shall be subject to renewal or restoration identical to the provisions for

revocation of a driver's license as provided in IVC Section 1-176

by the Department to assure safe operation of a

motor vehicle.

"Revocation" – the termination

by formal action of the Secretary of a commercial driver training school's license

or a commercial driver training school instructor's license.  The termination

shall be subject to renewal or restoration identical to the provisions for

revocation of a driver's license as provided in IVC Section 1-176.

"Sequential Module

Course" – A teen accredited 30-hour classroom course that students must

take in the proper sequential order indicated in the school's classroom content

curriculum submitted to and approved by the Secretary of State.  The course

must be completed within 9 months after the first classroom session attended.

"Sex and Drug Related

Offenses" – offenses of criminal sexual assault [720 ILCS 5/12-13],

aggravated criminal sexual assault [720 ILCS 5/12-14], criminal sexual abuse

[720 ILCS 5/12-15], aggravated criminal sexual abuse [720 ILCS 5/12-16],

juvenile pimping [720 ILCS 5/11-19.1], soliciting for a juvenile prostitute

[720 ILCS 5/11-15.1], unauthorized manufacture or delivery of a controlled

substance, including counterfeit drugs [720 ILCS 570/401], sale, delivery or

exchange of instruments used for illegal drug use or abuse [720 ILCS 5/22-51],

delivery of a controlled substance, including counterfeit and look alike

substances [720 ILCS 570/407], manufacture or delivery of cannabis [720 ILCS

550/5], delivery of cannabis [720 ILCS 550/7], the production of the cannabis

plant [720 ILCS 550/8], illegal possession in a motor vehicle of any controlled

substance or any cannabis [625 ILCS 5/6-206(a)(28)], the criminal transmission

of HIV [720 ILCS 5/12-16.2], exploitation of a child [720 ILCS 5/11-19.2],

controlled substance trafficking [720 ILCS 570/401.17], cannabis trafficking

[720 ILCS 550/5.1], delivery of cannabis on school grounds [720 ILCS 550/5.2],

calculated criminal cannabis conspiracy [720 ILCS 550/9], calculated criminal

drug conspiracy [720 ILCS 570/405], and criminal drug con

], the criminal transmission

of HIV [720 ILCS 5/12-16.2], exploitation of a child [720 ILCS 5/11-19.2],

controlled substance trafficking [720 ILCS 570/401.17], cannabis trafficking

[720 ILCS 550/5.1], delivery of cannabis on school grounds [720 ILCS 550/5.2],

calculated criminal cannabis conspiracy [720 ILCS 550/9], calculated criminal

drug conspiracy [720 ILCS 570/405], and criminal drug conspiracy [720 ILCS

570/405.1].

"Short Review Course" −

a course offered by commercial driver training schools to pupils who have

previously held or currently hold a valid driver's license and that does not

meet the requirement of six hours of classroom instruction and six hours

behind-the-wheel instruction.

"Surety Bond" – a

written obligation whereby a person assumes liability for another person's

debts or defaults of obligation.

"Suspension" – the

procedures for temporary withdrawal of a commercial driver training school's license

or commercial driver training school instructor's license identical to the

provisions for the suspension of a driver's license as provided in IVC Section

1-204.

"Teen Accreditation" –

the accreditation of a commercial driver training school by the Department that

allows the school to offer instruction to pupils under age 18.