Unlicensed Drivers Pose Serious Risks to the Public
March 4, 2015 | Category: Automobile Accidents | ShareAre unlicensed/undocumented drivers driving your children to school? These are the drivers and driving companies which may advertise by placing hand-written signs on posts, carry children to and from school each day and have not complied with county ordinances. These drivers and companies are classified as "vehicle for hire" drivers and companies.
Most cities in Florida require "vehicle for hire" drivers to follow a strict set of rules, including undergoing a police background check and obtaining driver and vehicle permits. Each driver of a motor vehicle for hire must hold a current and valid driver's license in said driver's name issued by the State of Florida, or by any other state in the U.S. Every certificate holder of a vehicle for hire shall be responsible for ensuring that each of its drivers have a background check. Our three-county area has these ordinances:
- Lee County Ordinance No. 11-25 filed with the State of Florida covers the above requirements.
- Collier County Ordinance No. 2009-27 was approved in May 2009 by the Board of County Commissioners. In addition, Resolution 2009-127 established the Vehicle for Hire Administrative Manual.
- Charlotte County also has a similar ordinance passed by the county's Board of County Commissioners.
In spite of the ordinances, NBC-2 Investigators recently found that many "vehicles for hire" do not have the proper documentation, nor background checks. Many parents sign waivers and pay transportation companies to transport their children to and from school.
In addition to "vehicle for hire" requirements, if a vehicle is transporting a large number of people, the vehicle driver is required to obtain and maintain a valid CDL (commercial drivers license).
Florida state law requires that a vehicle weighing under 26,001 lbs. and designed to transport more than 15 passengers (including the driver), the driver needs a CDL license.
Since these "vehicle for hire" drivers are not documented, there is no way to know whether they even have drivers licenses. Florida State Statutes Section 322.03 state that a person may not operate any motor vehicle on state roadways unless he/she has a valid unexpired license.
ABC News - Beware of Unlicensed Drivers reported that one in every five fatal car crashes in the United States each year involves a driver who does not have a valid license status according to a AAA Foundation for Traffic study "Unlicensed to Kill". This report said that 8,400 people die on average each year in crashes with unlicensed drivers. The report also found that 28 percent of the lawbreaking drivers had received three or more license suspensions or revocations for moving violations in the three years before their fatal collisions.
Statistics show that unlicensed drivers put everyone on South Florida roads in danger. Drivers who lack licenses are also likely to lack auto insurance, and driving while uninsured creates additional problems. Highway safety experts agree that licensing requires drivers to pass tests and creates an official record of their performance on the road. When drivers are licensed, they have proven they have some ability to drive and know the basic safety rules, according to the American Insurance Association.
"We at Spivey Law Firm, Personal Injury Attorneys, P.A. have experience in dealing with injury and death cases as the result of unlicensed drivers. We recommend that parents be sure the drivers who transport their children have passed the required tests, to make the transportation a safe experience," said Attorney Randall Spivey.
Fort Myers Vehicle Accident 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.