The Class "E" Driver License

 

Are the "driver licenses" issued by the Division of Driver Licenses in Florida really federal licenses? As Florida has repealed Chapter 323, Motor Carriers, (except for a few sections now omitted,) all regulation of motor carriage is federal, and all driver state licensing statutes must implement federal law.

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The Adult Rights Law, Laws 1973, c. 73-21, § 743.07, reduces the age limit from 21 years to 18 years for drivers of common-carrier motor vehicles described in § 323.17. Op.Atty.Gen., 073-207

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Learners' Permits - FS 322.1615 - were enacted into the Florida Statutes by c. 96-414, § 5, Laws of Florida, 1996, effective July 1, 1996.

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"Sunset Act, insofar as it repealed regulation of intrastate motor carriers and the trucking industry, did not unconstitutionally deny carriers access to state courts." Alterman Transport Lines, Inc. v. State, 405 So.2d 456 (1981)

This is in reference to the repeal of old chapter 323, Florida Statutes, "Motor Carriers."

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Class E is explained in the Florida Administrative Code at § 15A-7.016(4)(4) as "E = Emergency Commercial Motor Vehicle." Is the class E endorsement is placed on regular operator's licenses without a request by the applicant?

Evidently the DHSMV has a card to hand out to those who ask, containing descriptions of the DL classes and the endorsements.

 

FLORIDA DRIVER LICENSE CLASSES:

CLASS A: Any Tractor/Trailer combination with a GVWR of 26,001 LBS or more provided towed vehicle is more than 10,000 LBS.

CLASS B: Any single motor vehicle with a GVWR of 26,001 LBS or more, or any such vehicle towing a vehicle not in excess of 10,000 LBS.

CLASS C: Any motor vehicle with a GVWR of less than 26,001 LBS when endorsements ‘H’ or ‘P’ would be required on the driver license OR any combination of motor vehicles where the towing vehicle is less loan 26,001 LBS GVWR and the towed vehicle has a GVWR of 10,000 LBS or less, but together they weigh 26,000 LBS or more.

CLASS D: Any truck or truck tractor of 8,000 LBS or more, but less than 26,001 LBS GVWR, or more than 80 inches wide.

CLASS E(L): Operators and learner’s license for motor vehicles less than 8.000 LBS.

 

 

ENDORSEMENTS:

H. Any vehicle used to transport hazardous materials in placardable amounts.

N    A tank vehicle designed to transport any liquid or gaseous material with a designed capacity of 1,000 gallons or more.

P    Any vehicles, public or private, designed to transport 16 or more passengers, including the driver.

T    Combination vehicles with double/triple trailers.

X    Any tank vehicle used to transport placardable amounts of hazardous materials.

F    Farm CMV*

E    Emergency CMV*

* A resident operating a CMV who is exempt (farmers/emergency vehicle operators) must hold a Class D license with this endorsement to operate the type vehicle for which the exemption is granted, unless the operator holds a valid Florida Chauffeur license.

 

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The Florida Driver License Handbook lists the requirements for a Class E versus a Class D Florida DL.

They both require a vision, hearing, road signs and a driving test and a road rules test. If you have a Class E already you are not required to take a driving test for a Class D. The only difference then is that there is a Class E road rules test and a Class D road rules test.

From my early 'patriot' legal research I heard and/or read that the "gov't" wanted to view us all as not being competent, it gave it an excuse to assume a patronly control over us. Well, it occured to me that's just what is evident in the two tests.

Are some people not smart enough or mentally competent enough to pass a Class D road rules test? Well then gov't makes up a Class E road rule test for the incompetents under its care. So when we all go get driver licenses, why do we settle for the Class E? Florida driving laws requires certain minimums to get a chauffeurs license - the Class D. So under what circumstance would we ever settle for a Class E? We must obviously be federally sponsored incompetents who are given an easier test to pass.

I don't think having a Class D versus a Class E will mean that much, but you never know. At least it's not a clear cut case of giving up the right to use the public highways for a second class privilege. One could always agrue (to a judge) that you got the class D because you were working or planned to work as a chauffeur or something.

Fwiw.

Walter

Btw, as I had previously noted, looking the the Florida DL Handbook, a class E is merely a DL for a less competent driver, one who takes a less stringent road rules test; also a Class E appears to be just a "learners permit" for those 18 years of age and older. IMO.

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from Blashfield Automotive Law and Practice, § 468.6, note:

"One need not be a chauffeur in order to secure a chauffeur's license and the fact that he holds a chauffeur's license does not make him a chauffeur as defined in Vehicle Code. Sogawa v. Department of Motor Vehicles, 223 P.2d 269, 100 Cal.App.2d 181."

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[from U.S.Cong.News, 1962, pg. 834]

DISTRICT OF COLUMBIA--LEARNERS' PERMITS

PUBLIC LAW 87-737; 76 STAT. 710

[S. 1291]
An Act to amend the District of Columbia Traffic Act, 1925, as amended, to increase the fee charged for learners' permits.

Be it enacted bt the Senate and House of Representatives of the United States of America in Congress assembled, That:

   Subsection (a) (2) of section 7 of the District of Columbia Traffic Act, 1925 (43 Stat. 1121), as amended (62 Stat. 173; 68 Stat. 732; sec. 40-301(a) (2), District of Columbia Code, 1951 edition), be amended by striking "$1" and inserting in lieu thereof "$2".
   Approved October 3, 1962.

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