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Brad Barker
Administrator
USA
874 Posts |
 Posted - 07/11/2003 : 2:36:59 PM
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If your boss comes to you and asks you to drive a bus and you do not have a current school bus endorsement drivers license should you drive the bus anyway?
This happened to an employee in a local district. The employee was hired to do work other than drive bus with the understanding that he would eventually get the proper license to be used in an emergency. He did have a CDL but did not have the passenger endorsement. He told the boss that he did not yet have the proper license. The boss told him "You will do exactly as I say".
Should the employee refuse to drive or take the chance?
Also, the boss (a third party tester) decided to test the employee for his road test before the employee had been trained. The boss told the employee he could do the training after the testing. This seems backwards to me. The employee was very uncomfortable with the situation. The trainer was also uncomfortable with the situation.
Any thoughts or suggestions. The boss seems to want to work on his schedule without following proper procedure. The rules apply to everyone except him.
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thomas86_a
Top Member
USA
4413 Posts |
Posted - 07/11/2003 : 2:52:15 PM
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| Well I'm glad he at least had a CDL but yes the driver in question should have refused to drive. I think something needs to be done with the boss if he is making people drive without the proper license and having them take their road tests without training. If the person passes their road test and has the proper license why would this boss even bother to train them? Seems like the type who doesn't really care so I wouldn't be surprised if no training is given. |
If you have an International, you NEED customer service. |
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wagonmaster
Top Member
USA
2298 Posts |
Posted - 07/11/2003 : 3:05:59 PM
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An employer can't legally force an employee to break the law. If the employee was supposed to obtain some type of certification and failed to do so, then some disciplinary action may be in order. An employee would not be subject to disciplinary action for refusal to break the law. If they were disciplined or worse, terminated, the state labor board could certainly take action against the employer for such a miscarriage of authority.
Joe |
Joe
Land of the Free, because of the Brave! |
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1983WardFord
Top Member
USA
1395 Posts |
Posted - 07/11/2003 : 8:04:31 PM
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| That's a no-brainer. I would have refused to drive, plain and simple. No emplyer with his head in the right place would ask someone to do a job that they weren't comfortable with, and more importantly, not certified to do. I think the state labor board would get a kick out of this one... |
Due to the current economic condition, the light at the end of the tunnel has been turned off until further notice. |
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rswboe
Top Member
USA
675 Posts |
Posted - 07/14/2003 : 10:23:07 AM
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This "boss", should be reported to whichever agency oversees school bus liscencing and administration. In NJ it's the dept of Motor Vehicles, School Bus Division. Sounds like some hefty fines are in order.
The controlling party for the operator should also be informed, school board or whomever. I can't possibly believe that any even semi-responsible party would allow an unliscenced driver to transport school children. The word "liability" mean anything to these people? Even though the driver has a current CDL, he/she is NOT liscenced to drive a school bus, EVEN EMPTY. You MUST be liscenced to operate a bus to drive one. I'd be interested in seeing the follow-up to this one. |
Live each like it's going to be your last, one day you'll be right! |
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KMM
Advanced Member
USA
271 Posts |
Posted - 07/16/2003 : 1:35:46 PM
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I am not sure what endorcements are required for each state. Ohio has to have a class B CDL, with a passenger endorcement, school bus endorcement, and no restrictions on air brakes - if the bus is equipped with them.
If he had a CDL, Class B with just the passenger endorcement missing, he could drive the bus empty. (Our old mechanic done this to be able to deliver a bus but not haul children) |
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1983WardFord
Top Member
USA
1395 Posts |
Posted - 07/16/2003 : 3:31:29 PM
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quote:
Originally posted by KMM
If he had a CDL, Class B with just the passenger endorcement missing, he could drive the bus empty. (Our old mechanic done this to be able to deliver a bus but not haul children)
Akron Public Schools requires that their mechanics have the school bus endorsement only so they're not pulled away from their main jobs to drive the buses |
Due to the current economic condition, the light at the end of the tunnel has been turned off until further notice. |
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macondriver
Top Member
USA
533 Posts |
Posted - 07/20/2003 : 4:54:31 PM
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| IF he had been stopped for whatever reason it would have been him and not his boss that would be introuble....i wouldn't have driven. everyone at our contracts has to have their cdl w/passenger endorsment, the mechanics, the office workers, dispatch ...everyone..and most days almost everyone is driving...we have a new manager and she doesn't have hers yet for this state but we are starting to wonder wwhy it is talkin her so long, cause our big boss , our district manager has his home office at our contract and even he ends up drining now and then, we all love him , he is a great guy and we don't feel he should be driving and the new lady sittin at base. she needs to get her cdl |
Driving my way to the top, in a big yellow bus...and proud of it. |
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Peter
Top Member
USA
1057 Posts |
Posted - 07/20/2003 : 10:36:05 PM
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He should not drive... yet.
The last person you want behind the wheel of a bus carrying as many as 90 students is an unlicensed, uncomfortable, untrained individual. |
Spicer is nicer. |
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BUSBOSS105
Senior Member
USA
77 Posts |
Posted - 07/22/2003 : 10:05:54 AM
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| In some States, if I'm not mistaken, a driver with a CDL license may drive a school bus for a limited time during an emergency situation only. Other than that reason no one should be forced to break the law regardless of what an employer dictates. If an employee is let go because of failure to comply with such wishes legal action against a company should be filed immediately.... |
rikinle@comcast.net |
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JK
Top Member
USA
7307 Posts |
Posted - 07/22/2003 : 10:30:38 AM
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quote:
Originally posted by BUSBOSS105
In some States, if I'm not mistaken, a driver with a CDL license may drive a school bus for a limited time during an emergency situation only.
Yes, that is true. However, states also give notice that a shortage of drivers is not considered an emergency. Regardless, my understanding is that a temporary exemption must be granted the employer and they almost always are. As the press stories reveal, most of us know that when a driver without the proper endorsements is involved in a crash, the employer and the state blame the other or both blame the bus driver. What bus driver needs that nonsense included in his or her day? (jk) |
Edited by - JK on 07/22/2003 12:14:07 PM |
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PHW
Top Member
USA
1345 Posts |
Posted - 07/22/2003 : 12:44:38 PM
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You are responsible for your choices as well as your boss.
Do the right thing.
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PHW
Child Check For Life
Chock Wheels For Life
Proud American For Life |
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rswboe
Top Member
USA
675 Posts |
Posted - 07/28/2003 : 10:17:32 AM
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| KMM, I believe you may be mistaken or misinformed, one cannot operate a passenger vehicle without proper endorsement. Even to drive a bus (any kind) empty, you need a passenger endorsement, or one with a mechanics' restriction. This was a major issue here because we had a mechanic who was diabetic, and could not posses a passenger endorsement. He was not allowed to have a restricted liscence because you mut possess a valid endorsement and have the restriction applied to it. (Tell me this isn't a government operation!) To the best of my knowledge, CDLs' are under Federal jurisdiction, only administered by the states. The basic rules are the same from state to state. |
Live each like it's going to be your last, one day you'll be right! |
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Should he drive
