Hi, Happy Labor Day to all our readers!  We hope most of you are out doing something fun and enjoying the last rays of summer!

We received this email from a concerned host mom last night:

"I read your article on the poor au pair who was arrested for not having a state license!  Even though she had the International Driver's License, she was not only arrested, but handcuffed in front of the family's children, who started crying and were left in the hot car for almost an hour while police questioned and arrested their au pair.  Now, my au pair does not have a NJ license.  My agency, Au Pair in America, told me she does not have to get one since she has the International License.  Then I read this!  What should I do?  My au pair is now afraid to drive....."

NJ Host Mom

We ran the story this week when Julia Gottschalk, an au pair from Brazil, spent 6 hours in a Georgia jail after police arrested her because she only produced an International Driver's License.  Her host mom, Kimberly Euston,. said her three children were left sitting in their car on a busy highway, and in the heat, while the police questioned and arrested their au pair.  Mrs. Euston is demanding an apology from police. 

Au Pair from Brazil Arrested in Georgia

Police say that any visitor who is planning to live in any state longer than 3 months must have a valid driver's license from that state.   The Dept. of State, who runs the au pair program, says the au pair may use her International Driver's License for the entire 12 months she is here, working as an au pair. 

Which law, state vs. government, takes precedent?  Who is correct, and more importantly, what are you supposed to do with your au pair's driving status? 

For the host mom in NJ, many agencies will tell you the same as Au Pair in America did, use the International Driver's License.  But, then when the au pair gets pulled over for some traffic infraction, the local police, unaware of the government provision that allows au pairs to drive on an international license, tickets them for "driving without a state license." 

Now, most of these tickets are dropped once the au pairs go to court, as the sitting judges understand the government law does take precedent over the state law, and the au pairs do not have to pay the ticket. However, many of the judges are then instructing the au pairs "get the state license because next time I am going to fine you!." 

It makes sense for your au pair to study and take your state's driving test and pass.  Why?  The experience will make her a better, safer driver and you will not be bothered by the ticketing and going to court whenever the au pair is pulled over for speeding (and she gets ticketed also for no state license).

However, in the Georgia case, this is the first time I know of that an au pair was actually arrested for this!  Now, the police officer may have been moved to take such drastic action because the au pair was pulled over for running a red light. This is no minor infraction!  

I suspect he may have wanted to get her off the road temporarily until she received more training and time behind the wheel, and the deciding factor could have been the fact three children were in the car - if she was hit while running that red light, they all could have been killed or seriously hurt.

Most of the au pair agencies try and stay out of this, but they should have a policy for their au pairs and host families, and not leave them hanging.  Either they instruct their counselors to make sure each new au pair pass the state driving test, or they work with local officials to ensure they understand the international license is a legal document for foreign students/au pairs who live in the U.S.A. for up to 12 months. 

Has anyone else had a similar experience with their au pair? 

How many of you insist your au pairs study and pass your state's driving test?

Does having an state license make your au pair a better, safer driver?

How active is your au pair agency in this regard - do they ignore the issue or do they give you good, sound advice and or have a policy that is easy to work with?