Fla. Stat. § 316.70
Nonpublic sector buses; safety rules
Redline — January 1, 2014 → current.View current text →
Current — January 1, 2021
As of January 1, 2014
(1) The Department of Transportation shall establish and revise standards to assure the safe operation of nonpublic sector buses, as defined in s. 316.003(78), which standards shall be those contained in 49 C.F.R. parts 382, 385, and 390-397 and which shall be directed towards assuring that: (a) Nonpublic sector buses are safely maintained, equipped, and operated. (b) Nonpublic sector buses are carrying the insurance required by law and carrying liability insurance on the checked baggage of passengers not to exceed the standard adopted by the United States Department of Transportation. (c) Florida license tags are purchased for nonpublic sector buses pursuant to s. 320.38. (d) The driving records of drivers of nonpublic sector buses are checked by their employers at least once each year to ascertain whether the driver has a suspended or revoked driver license.
(1) All owners and drivers of nonpublic sector buses operated on the public highways of this state are subject to the rules and regulations contained in 49 C.F.R. parts 382, 385, and 390-397 to ensure that: (a) Nonpublic sector buses are safely maintained, equipped, and operated. (b) Nonpublic sector buses are carrying the insurance required by law and carrying liability insurance on the checked baggage of passengers not to exceed the standard adopted by the United States Department of Transportation. (c) Florida license tags are purchased for nonpublic sector buses pursuant to s. 320.38.
(2) Department of Transportation personnel may conduct compliance reviews for the purpose of determining compliance with this section. A civil penalty not to exceed $5,000 in the aggregate may be assessed against any person who violates any provision of this section or who violates any rule or order of the Department of Transportation. A civil penalty not to exceed $25,000 in the aggregate may be assessed for violations found in a followup compliance review conducted within a 24-month period. A civil penalty not to exceed $25,000 in the aggregate may be assessed and the motor carrier may be enjoined pursuant to s. 316.3026 if violations are found after a second followup compliance review within 12 months after the first followup compliance review. Motor carriers found to be operating without insurance coverage required by s. 627.742 or 49 C.F.R. part 387 may be enjoined as provided in s. 316.3026.
(2) Department of Highway Safety and Motor Vehicles personnel may conduct compliance reviews for the purpose of determining compliance with this section. A civil penalty may be assessed against any person who violates any provision of this section or who violates any rule or order of the department found during a compliance review as provided in s. 316.3025. A motor carrier may be enjoined from operation pursuant to s. 316.3026 for violations found during a compliance review. Motor carriers found to be operating without insurance coverage required by s. 627.742 or 49 C.F.R. part 387 may be enjoined as provided in s. 316.3026.
(3) For the purpose of enforcing this section, any law enforcement officer of the Department of Highway Safety and Motor Vehicles or a duly appointed agent of the department who holds a current safety inspector certification from the Commercial Vehicle Safety Alliance may require the driver of any nonpublic sector bus operated on the highways of this state to stop and submit to an inspection of the vehicle or the driver’s records. If the vehicle is being operated or the driver is operating the vehicle in an unsafe condition, or if any required part or equipment is not present or is not in proper repair or adjustment, and the continued operation would be unduly hazardous, the officer or agent may require the vehicle or the driver to be removed from service pursuant to the North American Standard Out-of-Service Criteria until all safety concerns are corrected. However, if continuous operation would not be unduly hazardous, the officer or agent may give written notice requiring correction of the condition within 15 days after the inspection.
(4) School buses subject to chapter 1006 or s. 316.615 are exempt from this section.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.