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I have a BPO Liscence with a interlock restriction (P). When traveling, can I drive a company rental car with a sworn affidavit?
Anonymous9 views3 answers
When traveling on business, can I drive a company rental car with a sworn affidavit per the company leased vehicle provision in Florida Statute §316.1937(7)?
I'm not sure if a company leased vehicle is also interpreted by the court as a company rental vehicle.
Webster's dictionary defines lease as: "a legal agreement that lets someone use a car, house, etc., for a period of time in return for payment"
Is there any case law clarifying the company leased vehicle provision in Florida Statute §316.1937(7)?
Nicholas Peter CongelossiCriminal Defense AttorneyOrlando, FL ·
If I were you I would carry a copy of the statute along with the affidavit from the company. Don't forget the second part of that statute:
"the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of such driving privilege restriction. Proof of that notification must be with the vehicle. This employment exemption does not apply, however, if the business entity which owns the vehicle is owned or controlled by the person whose driving privilege has been restricted."
The employer must be notified of the restriction, proof of notification must be kept with the vehicle. I would include that language in the affidavit. As far as case law you may want to hire an attorney to research the issue for you.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Mr. Congelossi is 100% correct, you need to carry the proper documentation with you at all times you are in the company vehicle or risk being arrested for violation of DL restrictions.
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You need specifically tailored legal advice concerning your questions. That is not just general information, and we would have to do research to answer on that last question. You must comply with the court order. Is it a rental car or a leased car? There is a difference.
