CHAPTER 12 - EQUIPMENT OF VEHICLES

625 ILCS 5/12-813.1

Sec. 12-813.1. School bus driver communication devices.

Illinois Compiled Statute
625 ILCS 5/12-813.1
Offense Description
Operation of school bus while using cell phone
Offense Classification
Class A Misdemeanor, Petty Offense
Statutory Penalties & Sentencing Scope
Up to 364 days county jail · Fine up to $2,500
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 625 ILCS 5/12-813.1 (Operation of school bus while using cell phone) is classified as a Class A Misdemeanor, Petty Offense. Statutory sentencing scope: Up to 364 days county jail · Fine up to $2,500. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class A Misdemeanor, Petty Offense

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class A Misdemeanor, Petty Offense
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned

Associated Offense Codes & Classifications (2)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Operation of school bus while using cell phone 625 ILCS 5/12-813.1(b) Official ILGA · 625 ILCS 5/12-813.1(b) -> Class A Misdemeanor Rule 551 Mandate Release Eligible — ILGA.gov ->
Operation of school bus without cell phone or 2-way radio 625 ILCS 5/12-813.1(e) Official ILGA · 625 ILCS 5/12-813.1(e) -> Petty Offense Release on Notice Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 12-813.1. School bus driver communication devices.

(a)

(a) In this Section:

"School bus driver" means a person operating a school bus who has a valid school bus driver permit as required under Sections 6-104 and 6-106.1 of this Code.

"Cellular radio telecommunication device" means a device capable of sending or receiving telephone communications without an access line for service and which requires the operator to dial numbers manually. It does not, however, include citizens band radios or citizens band radio hybrids.

"Possession of a school bus" means the period of time from which a bus driver takes possession until the school bus driver returns possession of the school bus, whether or not the school bus driver is operating the school bus.

"Using a cellular radio telecommunication device" means talking or listening to or dialing a cellular radio telecommunication device.

To "operate" means to have the vehicle in motion while it contains one or more passengers.

(b)

(b) A school bus driver may not operate a school bus while using a cellular radio telecommunication device.

(c)

(c) Subsection (b) of this Section does not apply:

(1)

(1) To the use of a cellular radio telecommunication device for the purpose of communicating with any of the following regarding an emergency situation: (A) an emergency response operator;

(B)

(B) a hospital;

(C)

(C) a physician's office or health clinic;

(D)

(D) an ambulance service;

(E)

(E) a fire department, fire district, or fire company; or (F) a police department.

(2)

(2) To the use of a cellular radio telecommunication device to call for assistance in the event that there is a mechanical breakdown or other mechanical problem that impairs the safe operation of the bus or to communicate with school authorities or their designees about any other issue relating to the operation of the school bus or the welfare and safety of any passenger thereon. In no case may a cellular radio telecommunication device be used for anything not provided for in this Section, including but not limited to, personal use. (3) (Blank).

(4)

(4) When the school bus is parked.

(d)

(d) A school bus driver who violates subsection (b) of this Section is guilty of a petty offense punishable by a fine of not less than $100 and not more than $250.

(e)

(e) A school bus must contain either an operating cellular radio telecommunication device or two-way radio while the school bus driver is in possession of a school bus. The cellular radio telecommunication device or two-way radio in this subsection must be turned on and adjusted in a manner that would alert the school bus driver of an incoming communication request.

(Source: P.A. 96-818, eff. 11-17-09; 96-1066, eff. 7-16-10.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 625 ILCS 5/12-813.1 in Illinois?

Under Illinois law, 625 ILCS 5/12-813.1 (Operation of school bus while using cell phone) is classified as a Class A Misdemeanor, Petty Offense.

Sentencing Scope: Up to 364 days county jail · Fine up to $2,500

Is a court appearance mandatory for 625 ILCS 5/12-813.1 under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 625 ILCS 5/12-813.1 detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 625 ILCS 5/12-813.1?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 625 ILCS 5/12-813.1 (West 2026)
The Bluebook Style (21st ed.) 625 Ill. Comp. Stat. 5/12-813.1 (2026)
Canonical Web Reference https://ilcsindex.com/statutes/625-ilcs-5-12-813.1
Cross-Referenced ILCS Codes