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Tropic Busing
Active Member

24 Posts

Posted - 09/04/2002 :  10:07:23 PM  Show Profile  Reply with Quote
Need some advice... But first a few informational facts... I have a contractor who provides bus drivers for our bus operations. The locality in which I operate does not have the CDL program. However, I require the contractor to meet or exceed many of the CDL conditions. I can exercise my option on who may or may not be employed as a bus driver at any time.

On 24 Aug, a driver was stopped and cited by the police for DUI, BAC is unknown at this time while in his private car. First Offense. Court date is unknown.

What, if any penalties would you impose on his employment status. What penalties could apply to an operator with a CDL in a non-commercial vehicle. On one hand, innocent until proven guilty, but the court system moves very slow, therefore waiting for the court to impose a punishment does not help. On the other hand, operating any kind of motor vehicle demonstrates poor judgment and should be dealt with swiftly and accordingly. Any thoughts and ideas on others would handle this will be appreciated.


Mr. B SB #377
Senior Member

USA
88 Posts

Posted - 09/05/2002 :  12:07:09 AM  Show Profile  Reply with Quote
The contractor is obviously willing to meet your expectations and operate within those parameters of licensed CDL drivers. Regardless of the fact that the offense happend in the drivers personal car; as a professional driver the law still applies.

In my state, the law is stringent on persons with a CDL since we are considered professional drivers and should know better.
All of the fines and penalties are doubled for CDL drivers and the DUI BAC is lesser for us.

What comes to my mind is the implied consent rule. When we elect to become a CDL driver we are agreeing to follow all of the rules and regulations for that classsification regardless of the type of vehicle we are driving at the time.



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KMM
Advanced Member

USA
271 Posts

Posted - 09/06/2002 :  5:03:04 PM  Show Profile  Send KMM a Yahoo! Message  Reply with Quote
A suggestion on what I may do:

I may suspend the driver pending on his citation until his court date. Upon a conviction, I would concider termination to the board of education for approval.

State of Ohio prohibits any person to drive a school bus after being convicted of driving under the influence of a alcoholic beverage or intoxicating drug.

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YellowDog
Active Member

10 Posts

Posted - 09/18/2002 :  8:06:53 PM  Show Profile  Reply with Quote
About your DUI, I would think that, it would go on to there bus driveing file. I wouldn't want a driver with a DUI Driveing where I drive. I agree Suspend the Driver In till court is over. But we do have a driver that party's alot on the weekend she's been doing drugs and drinking and calling into work sick on monday's and when she comes to work you can smell the beer comeing out of her pours. but are boss just let's it go I think they may have something going on. but want do I know. but it just take one parent to smell her and report it. and in your case want would happen if parents fund out. I know we need driver's but we need safe driver's

YellowDog

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wagonmaster
Top Member

USA
2298 Posts

Posted - 09/19/2002 :  03:17:49 AM  Show Profile  Reply with Quote
Driver must be suspended until resolution is reached, either conviction or innocence. Obviously, if convicted, their career is over as a bus driver.
Joe

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Skewl Bus Boi
Advanced Member

USA
323 Posts

Posted - 09/19/2002 :  07:05:45 AM  Show Profile  Reply with Quote
Look at it this way: When anyone applies for a job as a bus driver for the first time, their driving record is obtained and considered as a qualification for employment. Even though that record is in a different class of vehicle, it can still determine whether or not you hire the person. Therefore, it can be used to determine whether you fire them.

I personally feel that anyone who drives drunk is an idiot, should never be given a license again, and should serve time in jail for endangering people. No second chances. And no way in hell should idiots like that EVER be behind the wheel of a bus.

If there's a question about whether or not he actually was drunk, then I agree that suspension pending conviction is the best solution. It may seem unfair, but you can't take the risk.

—Phil

"Blue Bird!" "of happiness?"
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BusNut
Active Member

Canada
16 Posts

Posted - 09/22/2002 :  10:07:45 AM  Show Profile  Reply with Quote
As in the USA, Canadian laws are pretty much the same. In my jurisdiction you cannot have a drink 10 hours prior to driving. The law here is .08 for all drivers except for newly licensed which is .05. As far as I am concerned its out the door, suspended without pay, if you have the smell of alcohol on your breath. If convicted by the Court you are toast as far as driving a bus is concerned.

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BUSBOSS105
Senior Member

USA
77 Posts

Posted - 10/03/2002 :  04:31:08 AM  Show Profile  Reply with Quote
All drivers are responsible to maintain their own licenses to operate a motor vehicle and should be held accountable for any poor judgement issues that could jepordize their privilage to drive.
I would have questions about a drivers ability to make sound judgements knowing that they would take a risk operating after drinking with the legal consequences of their actions so highly publicized everyday in the news.
Before hiring any new driver a Cori check and a driving history check has to be performed and any o.u.i. is an automatic reason to not hire that driver.



Edited by - BUSBOSS105 on 10/03/2002 09:59:38 AM
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MrBusDriver
Senior Member

USA
189 Posts

Posted - 10/13/2002 :  3:54:28 PM  Show Profile  Visit MrBusDriver's Homepage  Reply with Quote
quote:

Need some advice... But first a few informational facts... I have a contractor who provides bus drivers for our bus operations. The locality in which I operate does not have the CDL program. However, I require the contractor to meet or exceed many of the CDL conditions. I can exercise my option on who may or may not be employed as a bus driver at any time.

On 24 Aug, a driver was stopped and cited by the police for DUI, BAC is unknown at this time while in his private car. First Offense. Court date is unknown.

What, if any penalties would you impose on his employment status. What penalties could apply to an operator with a CDL in a non-commercial vehicle. On one hand, innocent until proven guilty, but the court system moves very slow, therefore waiting for the court to impose a punishment does not help. On the other hand, operating any kind of motor vehicle demonstrates poor judgment and should be dealt with swiftly and accordingly. Any thoughts and ideas on others would handle this will be appreciated.






CDL regulations have changed, and all violations in a non-CDL vehicle are now counted against your CDL.

If this were my driver, I would suspend them pending a ruling from the court, and if they were found guilty, they would be terminated.

Brian J. Whitta
Fostoria Community Schools
419-436-4105
FOSTORIA_BW@noeca.esu.k12.oh.us

Edited by - mrbusdriver on 10/13/2002 3:55:47 PM
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