Skip to Content

Are School Bus Drivers Fit to Drive?

November 26, 2018 | Category: Automobile Accidents | Share

Two school bus crashes occurred in 2016, one in Maryland and one in Tennessee. According to the National Transportation Safety Board, they had something in common: “a lack of oversight when it came to making sure the bus drivers were fit to drive.”

The NTSB report stated oversight of the school bus drivers was causal in both accidents. The oversight was found lacking by not only the school districts in Baltimore and Chattanooga, but also by motor carriers under contract to the school districts.

In both 2016 school bus accidents, the drivers continued to operate school buses unsafely, and no remedial action was taken even when driver safety issues were known. In addition, the Baltimore report showed the district only focused on medically unfit school bus drivers and commercial driver license fraud.

Fort Myers Car Accident Lawyer, Randall Spivey, represents children injured in school bus accidents throughout Florida. Mr. Spivey says, “Our school bus drivers are usually caring safe drivers. When we send our children to school on a school bus, we expect them to ride safely and get to their destinations without being in an accident.”

Florida has laws to protect our children when riding a school bus:

  1. Each school bus driver must be of good moral character, of good vision and hearing, able-bodied, free from communicable disease, mentally alert, and sufficiently strong physically to handle the bus with ease, and he or she must possess other qualifications prescribed by the Commissioner of Education, including those qualifications described in 49 C.F.R. s. 391, relating to physical qualifications and examinations, and 49 C.F.R. part 40 and part 382, relating to controlled substance and alcohol use and testing, and he or she must hold a valid commercial driver license with a passenger endorsement.
  2. Each school bus driver has the authority and responsibility to control students during the time students are on the school bus pursuant to s. 10.
  3. Each district school board may implement a safe driver toll-free telephone hotline for motorists or others who observe improper driving or operation by a school bus driver to report such violations to the district school board for investigation and corrective or disciplinary action by the school board.

In Lee County, the school district requires that applicants for a school bus driver position have 

  • A GED or diploma
  • A Social security card
  • Five years of driving experience
  • A satisfactory driving record

The Lee County district offers continual training and a training stipend for school bus drivers. Also, a Student Code of Conduct is in place specifying that students who make false reports while riding a school bus face disciplinary action.

An example of a recent Lee County school disciplinary action was reported by NBC29.com on November 6, 2018. The action covered an interchange between a middle school student and a bus driver in Lehigh Acres, which was recorded on video. The driver is heard using profanities with the children on the bus. Lee County took the female driver off bus-driving duties.

Commenting on this incident, Rob Spicker of Lee County Schools said, “We are aware of the incident and upon being notified, immediately pulled the driver. A Professional Standards investigation is currently underway. Student behavior on the bus is part of the Student Code of Conduct signed by students and parents at the start of every school year.”

The Collier County School Administration provides a comprehensive brochure titled Are We There Yet – Staying Safe Between Home and School. This brochure provides information for the public on school bus safety.

 “Should you or a loved one be injured in a school bus accident, please contact our firm. We are available 24/7, and there are no costs or attorney fees unless we make a monetary recovery for you,” said Attorney Spivey.

 

Fort Myers Personal Injury Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

Contact Us

Location

Spivey Law Firm Logo Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

Free Consultation