Ill. Admin. Code tit. 92, § 1060.270 - Operations During COVID-19 Pandemic

Notwithstanding any other provision of this Part, as a result of the COVID-19 emergency declared through the Gubernatorial Disaster Proclamations, the following procedures shall apply for the time periods specified in this Section:

a) Classroom instruction may be provided virtually, via a live webcast taught by a licensed instructor or via pre-recorded sessions taught by a licensed instructor, until such time as the region in which the driving training school is located reaches Phase 5 of the Restore Illinois plan released by Governor Pritzker's office on May 5, 2020. If a pre-recorded program is to be used, it must be submitted to the Department for approval. Content must be specific to Illinois laws and Rules of the Road.

1) The instruction must include all course content set forth in Section 1060.181.

2) A student who started classroom instruction virtually may be allowed to finish virtual classroom instruction even if the driving training school is located in a region that reaches Phase 5 before classroom instruction is concluded.

3) If pre-recorded instruction is used, the student may not be allowed to fast-forward through instruction or skip a classroom session.

b) A driving training school may, but is not required to, resume in-person classroom instruction when the region in which the commercial driving school is located reaches Phase 3 of the Restore Illinois plan, so long as no more than 10 persons, inclusive of students and staff, are physically present in the classroom or upon reaching Phase 4 of the Restore Illinois Plan, so long as the school complies with Section 1060.181(b)(1)(C) and the following conditions:

1) Adherence to social distancing guidelines promulgated by the Illinois Department of Public Health (IDPH);

2) Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;

3) Hand sanitizer is available in the classroom;

4) A disposable mask is made available to all students upon request of the student;

5) Classrooms are sanitized between each class session, including the use of disinfectant on desks, door knobs, light switches, computers and related equipment such as the monitor, keyboard and mouse, and books; and

6) Adherence to all requirements of Phase 3 of the Restore Illinois plan.

c) Behind-the-wheel instruction may resume when the region in which the commercial driving school reaches Phase 3 of the Restore Illinois plan, under the following conditions:

1) Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;

2) Hand sanitizer is available in the training vehicle;

3) A disposable mask is made available to all students upon request of the student;

4) Only the instructor and the student may be present in the training vehicle (no other students are allowed). If requested, a parent may be present in the training vehicle, seated in the back seat. For auditing purposes, an employee of the Commercial Driver Training School Section may be present in the vehicle when an instructor administers a road exam pursuant to paragraph (e) of this Section;

5) The commercial driver training school must obtain written consent from the student's parent or guardian (if the student is under the age of 18) to allow for the behind-the-wheel instruction with only the instructor being present in the vehicle;

6) The training vehicle must be sanitized before and after each lesson;

7) Instructors must wash hands or use hand sanitizer prior to starting any behind-the-wheel lesson and must wear a face covering during any interaction with the student;

8) Observation hours, as set forth in Section 1060.181(c)(2), are waived until the Region in which the driver training school is located reaches Phase 5; and

9) Adherence to all requirements of Phase 3 of the Restore Illinois plan.

d) The 12-month pilot program that allows a commercial driver training school instructor to administer a road test to a student that successfully completes an approved driver education course is extended through December 31, 2022.

1) A commercial driver training instructor must be approved by the Department to administer the road test. Only instructors with five years of providing behind-the-wheel instruction to teens, either through a high school or a commercial driver training school, may be approved to administer the road test.

2) The road test route used by the commercial driving training instructor must be approved by the Department and must contain all the maneuvers included on a road test administered by Secretary of State employees.

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.

4) Only vehicles in compliance with Section 1060.110 of this Part may be used to administer a road test.

5) A commercial driver training school may not conduct a road test for a student who has previously failed a Cooperative Testing road exam.

6) The commercial driver training school shall notify the Department if a student fails a road test administered by the commercial driver training school. The notification shall be made within two business days of the failure and shall include the student's name, instruction permit number, road test score sheet and the date on which the road test was administered.

7) The commercial driver training school shall submit a schedule of road tests 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.

8) The following records shall be maintained by for each road test administered by a commercial driver training school:

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

B) The fees charged to the student;

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 commercial driving training school; and

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

e) All other provisions of this Part that have not been modified by this Section remain in full force and effect.

Notes

Ill. Admin. Code tit. 92, § 1060.270

Added by emergency rulemaking at 44 Ill. Reg. 10021, effective 5/21/2020, for a maximum of 150 days Emergency amendment to emergency rule at 44 Ill. Reg. 11610, effective 6/25/2020, for the remainder of the 150 days. Emergency amendment to emergency rule at 44 Ill. Reg. 14365, effective 8/20/2020, for the remainder of the 150 days Added at 44 Ill. Reg. 16828, effective 10/5/2020 Amended at 45 Ill. Reg. 4535, effective 3/26/2021 Amended at 45 Ill. Reg. 13421, effective 10/5/2021