Illinois Form DSD A 387 Release Waiver Explained

Illinois Form DSD A 387 Release Waiver Explained – The Illinois Secretary of State’s Office requires specific documentation from commercial driver training schools that participate in the Cooperative Driver Testing Program (CDTP). One of the key required forms is Form DSD A 387 — Release and Waiver of Liability. This form protects the state from liability when certified commercial schools administer official driving skills tests to students.

This article provides a clear, up-to-date overview of Form DSD A 387 for commercial driving school owners, instructors, and administrators across the United States who operate or plan to operate in Illinois.

What Is Illinois Secretary of State Form DSD A 387?

Form DSD A 387 is an official Release and Waiver of Liability issued by the Illinois Secretary of State Driver Services Department. Commercial driver training schools must complete and sign this form as a condition of participating in the Cooperative Driver Testing Program.

Under the program, approved commercial schools may administer the behind-the-wheel road test to eligible students who have completed an approved teenage driver education course. In exchange for this authority, the school agrees to release the Illinois Secretary of State’s Office and its employees from liability related to those tests.

The current version of the form is dated January 2024 and is available as a fillable PDF on the official Illinois Secretary of State website.

Download Form DSD A 387: Official Illinois SOS Form DSD A 387 PDF

Purpose of the Release and Waiver of Liability

The primary purpose of Form DSD A 387 is risk management. When a commercial driver training school administers a road test under the Cooperative Driver Testing Program, the school — not the Secretary of State — is responsible for the testing environment, vehicle, instructor, and route.

By signing the form, the school owner agrees to:

Release the Illinois Secretary of State’s Office and all of its officials and employees from all liability and claims arising from the administration of a driving skills test.
Waive the right to sue the state for negligence or related claims connected to the road test.
Assume all risks associated with administering the driving skills test, whether known or unknown.
Indemnify and hold the Secretary of State harmless from claims, damages, attorney’s fees, and other costs resulting from the school’s road testing activities.

The form specifically references 92 Illinois Administrative Code 1060.82(a)(8), which governs the administration of road tests by certified commercial driver training schools.

Who Must Complete Form DSD A 387?

Only the owner of a licensed commercial driver training school that wishes to participate in the Cooperative Driver Testing Program must complete and sign Form DSD A 387. The form is executed by the school owner on behalf of the commercial driver training school.

Key points:

The form is required for commercial (private) driver training schools, not high school driver education programs.
Schools must already be licensed and meet the minimum two-year licensing requirement before applying for road test certification.
Both the school name and the owner’s name must be printed clearly, followed by the owner’s signature and the date.

Related forms in the CDTP process include the Intent to Participate form (DSD A 380) and the Instructor Compliance Affidavit (DSD A 385).

Key Provisions Contained in Form DSD A 387

The form is concise but comprehensive. It contains four main sections:

Release, Waiver, and Covenant Not to Sue — The school releases the Illinois Secretary of State and its employees from all liability, including claims of negligence, related to the administration of driving skills tests.
Assumption of Risk — The school acknowledges the inherent dangers of driving (including injury and death) and assumes all risks associated with administering road tests.
Indemnification — The school agrees to protect the Secretary of State from any claims, lawsuits, losses, or expenses arising from the school’s testing activities.
Complete Agreement — The document represents the full understanding between the parties regarding liability. It includes a severability clause and states that the owner is signing freely and voluntarily.

These provisions are standard in Illinois liability waivers for potentially hazardous activities and are designed to be enforceable under Illinois law to the greatest extent permitted.

How Form DSD A 387 Fits into the Cooperative Driver Testing Program?

The Cooperative Driver Testing Program allows certified instructors at participating commercial driver training schools to administer the official behind-the-wheel road exam. Students who successfully complete an approved driver education course with a grade of A or B, obtain parental consent, and pass the instructor-administered road test may generally skip the road test at a Secretary of State facility.

To join or continue in the program, commercial schools must:

Meet licensing and experience requirements under 92 Ill. Adm. Code 1060.82.
Have instructors complete certification training and submit compliance affidavits.
Submit approved road test routes.
Execute Form DSD A 387 (Release and Waiver of Liability).
Renew certifications every two years.

The release form is a critical compliance document. Without a properly executed DSD A 387, a school cannot lawfully administer road tests under the program.

For official program information, visit the Illinois Secretary of State Driver Education page.

How to Complete and Submit Form DSD A 387?

Completing the form is straightforward:

Download the official PDF from the Illinois Secretary of State website.
Print the name of the commercial driver training school.
Print the full name of the school owner.
Have the owner sign and date the form.
Submit the completed form as part of the school’s CDTP application or recertification package to the Driver Services Department.

Keep a copy for your school records. The form does not require notarization.

Official Download Link: https://www.ilsos.gov/content/dam/publications/pdf_publications/dsd_a387.pdf

Important Legal Considerations for School Owners

Illinois courts generally enforce well-drafted liability releases for ordinary negligence when the language is clear and the activity involves inherent risks. However, waivers typically do not protect against willful, wanton, or reckless conduct.

Commercial driving school owners should:

Maintain adequate liability insurance that covers road testing activities.
Ensure instructors follow all Secretary of State standards for test administration and scoring.
Use only approved routes and vehicles that meet safety requirements.
Consult an Illinois-licensed attorney if questions arise about the scope of the release or insurance coverage.

This article is for informational purposes only and does not constitute legal advice.

Where to Find Additional Official Resources?

All forms and regulations related to commercial driver training schools and the Cooperative Driver Testing Program are available through the Illinois Secretary of State:

For questions about the Cooperative Driver Testing Program or Form DSD A 387, contact the Illinois Secretary of State Driver Services Department directly through the contact information listed on the official website.

Conclusion

Illinois Secretary of State Form DSD A 387 — Release and Waiver of Liability is a mandatory document for commercial driver training schools that want to administer road tests under the Cooperative Driver Testing Program. By signing the form, school owners accept responsibility for testing activities and release the state from related liability.

Downloading the current official version, completing it accurately, and submitting it with the school’s program application ensures compliance and allows the school to offer this valuable service to students seeking an Illinois driver’s license.

Always use the official form from the Illinois Secretary of State website and verify current requirements, as administrative rules and forms can be updated.

Download Form DSD A 387 now: Official PDF Download