I don't know what the rules are in other states, but in Virginia:
1)Driver must have a CDL to operate a vehicle capable of carrying more than 16 passengers. Probably a Federal law.
2)Driver must perform a pre-trip mechanical safety inspection of that vehicle per State AND Federal rules. Any problems that are found MUST be fixed before the vehicle can be lawfully operated.
So, this driver SHOULD have had a CDL and SHOULD have performed a pre-trip mechanical safety inspection.
If he did not, or was not competent to do it, then yes, the driver is to blame.
I will accept this a good faith assessment but do you have any idea what DOT requires of a company operating buses? Do you realize that they have a responsibility to check on the people they hire including things like:
Pre-employment drug testing
Background checks
Review driving record
Monitoring physicals and CDL’s to ensure that they are valid
Maintenance of driver file to ensure on-going compliance
I'm not even going to get into the host of other requirements that it seems that they were not meeting. This wasn't a driver with his own bus, this was a driver working for a company that appears to be in violation of a myriad of regulations, starting with putting an unqualified person behind the wheel.
I will accept this a good faith assessment but do you have any idea what DOT requires of a company operating buses? Do you realize that they have a responsibility to check on the people they hire including things like:
Pre-employment drug testing
Background checks
Review driving record
Monitoring physicals and CDL’s to ensure that they are valid
Maintenance of driver file to ensure on-going compliance
I'm not even going to get into the host of other requirements that it seems that they were not meeting. This wasn't a driver with his own bus, this was a driver working for a company that appears to be in violation of a myriad of regulations, starting with putting an unqualified person behind the wheel.