Ill. Admin. Code tit. 92 § 1060.82

Current through Register Vol. 48, No. 43, October 25, 2024

Section 1060.82 - Administration of Road Test

Teen accredited commercial driver training schools and instructors licensed by the Department may apply for certification to administer road tests to students who have successfully completed an approved driver education course, as defined in 92 Ill. Adm. Code 1030.1, at a high school, or commercial driver training school.

a) School Qualifications

1) Teen accredited commercial driver training schools must be licensed for a minimum of two years before applying for certification to administer road tests (see 92 Ill. Adm. Code 1030.88(b)(2)).

2) Road test certifications must be renewed every two years before the current certification expires. No road tests may be administered unless and until the certification is renewed.

3) A commercial driver training school must have at least one road test-certified instructor to maintain its road test certification.

4) In the event a commercial driver training school's road test certification is not renewed, or is revoked, suspended, or cancelled, all road test certifications of the school's instructors must be cancelled.

5) A commercial driver training school may request that its road test certification or an instructor's road test certification be cancelled by notifying the Department in writing.

6) Commercial driver training schools must ensure that all its road test-certified instructors continue to meet the training and qualification standards required to conduct road tests under subsection (b) and 92 Ill. Adm. Code 1030.120.

7) Commercial driver training schools must ensure that each road test-certified instructor follows the Department's standards for administering the road test.

b) Instructor Qualifications

1) Instructors must have two years of experience in providing behind-the-wheel instruction to teens, either through a high school or a commercial driver training school, before applying for certification to administer road tests.

2) Applicants must complete a road tester training course administered by the Department.

3) Applicants must successfully complete four shadow drives on each road test route that the applicant will be using, in which the applicant observes and scores the road test while another certified instructor or Department representative administers and scores the road test. To be considered an acceptable shadow drive, the applicant's score sheet must be substantially similar to that of the certified instructor or Department representative. Failure to note an immediate rejection on the part of the driver on the score sheet shall be deemed a failure of the shadow drive. An immediate rejection is limited to involvement in an accident that the driver taking the road exam could have avoided or prevented, a dangerous action by the driver that endangers a person or property, commission of any violation for which the driver could be issued a traffic citation, and lack of cooperation or refusal to perform.

4) Instructors must maintain a valid driver's license at all times.

5) Instructors must renew their certification every two years.

6) Except as provided in this subsection (b)(6), the Department will not renew the road test certification of an instructor who has not administered a minimum of 25 road exams in each year of certification. An instructor who does not meet this annual minimum requirement is prohibited from administering road tests until they have completed a refresher training course conducted by the Department. The Department will suspend the certification of an instructor who does not complete refresher training within 30 days after each year of certification begins until the refresher training is completed.

c) Instructor Login

1) Instructors will be assigned a login to ilsos.gov to report the results of road tests electronically. Instructors must create their own passwords and may use only their own logins and passwords to report results.

2) Instructors may not allow any other person to use their logins or passwords.

d) Road Test Routes

1) Each commercial driver training school location, including branch offices, must have a minimum of two road test routes approved by the Department, which must include all the maneuvers on a road test administered by a Secretary of State employee.

2) The road test route must begin from the physical commercial driver training school location.

3) Commercial driver training schools must receive written approval from the Department for any changes to an approved road test route before administering a road test.

4) Commercial driver training schools must maintain copies of approved road test routes at their school location.

5) All approved routes must be used on an equal basis.

6) Testing routes may not be used as a "pre-test" or behind-the-wheel practice for students.

7) Any testing on a route not previously approved may result in suspension or revocation of the certification of the commercial driver training school and instructor to administer road tests. Factors the Department will consider before suspending or revoking a certification on this basis include, but are not limited to, the number of tests given on unauthorized routes, whether the school or instructor has previously been warned on this issue, whether the school or instructor has committed prior violations of any provision of Section 1060.82, any prior suspensions or revocations for any violation of this Part, whether a crash had occurred during a road test on an unauthorized route, or whether the unauthorized route omitted any required provision of the road test.

e) Road Test Procedures

1) Prior to administering a road test, the instructor must ensure the applicant has a valid instruction permit on their person.

2) No passengers or pets, excluding service animals, may be in the vehicle during a road test. Occupants in a vehicle during a road test are limited to the applicant and the tester, with the following exceptions:

A) A Department representative may be in the vehicle when an audit is being performed; and

B) Another certified road test commercial driving instructor may be in the vehicle for training and evaluation if prior notification was provided to the Department.

3) A road test administered by a commercial driver training school instructor must be scored in the same manner as a road test administered by a Secretary of State employee, using a Department provided score sheet.

4) Score sheets must be signed and dated by the instructor administering the road test. The score sheet shall also include the start and end time of the test.

5) Upon completion of the road test, the instructor must immediately provide the results of the test in a location outside of the vehicle. If the student's parent or guardian are present, the results must be provided in the presence of the parent or guardian.

6) An instructor employed by a school at a branch office that has more than three road test certified instructors may not administer a road test to a student to whom the instructor has administered 3 or more hours of behind-the-wheel instruction.

7) A commercial driver training school may not conduct a road test for a student who has previously failed a road test administered by a high school or a certified commercial driver training instructor. The student must take any subsequent road tests at a Secretary of State facility.

8) A road test may not be scheduled before the completion of required behind-the-wheel training.

9) A road test may not be administered on the same day the student completes the required behind-the-wheel training.

10) A road test may not be administered to a student who does not present a photo ID to verify identity.

11) A road test may not be administered either to a student who is a family member of an owner or employee of the commercial driver training school.

12) A road test may only be administered after sunrise or before sunset.

13) Upon completion of the road test, a receipt must be issued to the student that includes the student's name, instruction permit number, the date of the road test, and whether the student passed or failed the test.

14) Instructors may not administer more than 20 road tests per day.

f) Vehicles

1) Road tests may be administered in a commercial driver training school vehicle that complies with Section 1060.110 or in a Class D vehicle which the student has permission to use for a road test.

2) A vehicle other than one owned by the commercial driver training school must be:

A) Properly registered and insured. The registration card must be in the vehicle and match the vehicle identification number. Proof of insurance may be provided by an insurance card or digitally.

B) Inspected by the instructor in accordance with 92 Ill. Adm. Code 1030.84 prior to administering the road test.

g) Reporting to the Department

1) The commercial driver training school shall electronically transmit a schedule of road tests to and in a manner prescribed by the Department, including, but not limited to, dates, times, and locations of testing and no later than two business days prior to each test.

2) The commercial driver training school shall electronically notify the Department of the result of every road exam administered by the commercial driver training school at or before 11:59 p.m. on the day the road test was administered, and shall include the student's name, instruction permit number, road test score sheet, and the date on which the road test was administered.

3) A passed road test is valid until the expiration date of the student's instruction permit.

h) Records

1) Commercial driver training schools must maintain the following records for each road test administered:

A) The name and instruction permit number of the student;

B) Any fee charged in association with administering the road test;

C) Verification that the student earned a grade of A or B in the classroom portion of an approved high school driver education course and successfully completed the behind-the-wheel portion at a commercial driver training school or successfully completed an approved driver education course at a commercial driver training school; and

D) A copy of the student's road test score sheet.

2) Records required to be retained by this Section shall be maintained for a minimum of three years after the date of the road test.

3) After the retention period expires, records shall be shredded in a secure manner to ensure that no personally identifiable information is disclosed.

i) Retesting

The Department may retest any student prior to licensure if an audit indicates that the test was not properly administered or not administered at all. The Department may randomly retest any student who completed a road test administered by a commercial driver training school.

j) Auditing

1) The Department may make announced and unannounced audits of the commercial driver training school's testing records to ensure the provisions of this Section are being met.

2) Commercial driver training schools must allow onsite inspections, examinations, and audits by a Department representative to:

A) Review all required documentation, including score sheets;

B) Observe and score live road testing of students by a certified instructor and compare pass/fail scores; and

C) Take a road test as if the representative were a student.

3) The commercial driver training school shall surrender all required documentation to the Department upon request. The commercial driver training school may make and retain copies of the documentation surrendered to the Department.

4) During audits, the commercial driver training school and instructors must cooperate with the Department, allow access to testing routes, and supply student names and testing records, results, and any other documents requested by the Department. Failure to comply with this subsection may result in the suspension, revocation, or cancellation of the school and its instructors' certifications. Factors the Department will consider before suspending or revoking a certification on this basis include, but are not limited to, whether the school or instructor has previously cooperated with audits, how many records were withheld, whether the school or instructor has previously been suspended or revoked, or whether the failure to cooperate impacted students' abilities to obtain a driver's license.

Ill. Admin. Code tit. 92, § 1060.82

Added at 47 Ill. Reg. 17541, effective 11/7/2023