Selling Passenger Vans for School Buses Violates Federal Law
10 March 2000
Safety Officials and School Bus Information Council Warn: Selling Passenger Vans for School Buses Violates Federal Law
WASHINGTON, March 9 States that permit the use of
passenger vans instead of traditional school buses are putting children at
increased risk, and dealers that sell them violate federal law, the National
Highway Traffic Safety Administration (NHTSA) joined school bus experts in
warning today.
According to Charles Gauthier of the School Bus Information Council, "The
biggest school-related safety risk for children in this country is their
choice of transportation to and from school. It's false economy for states to
cut corners in pupil transportation by allowing students to ride in 12- and
15-passenger vans."
"Yet, 19 states currently allow vans for school transportation, and 27
permit their use to transport students for school-related activities, such as
field trips and sporting events. Decisions to use vans appear to be budgetary
ones. But from a safety perspective, it's a penny-wise and pound-foolish
policy," Gauthier said.
Tragically, there have been crashes involving passenger vans where school
children were killed or seriously injured. As the result of National
Transportation Safety Board (NTSB) investigations of several such crashes,
last December Senators John McCain and Ernest Hollings and National
Transportation Safety Board (NTSB) Chairman Jim Hall signed a letter to the
governors of each state asking them to enact state laws prohibiting the use of
vans for school transportation.
Gauthier said several states already have taken actions to phase out the
use of passenger vans, but most have not. In fact, during the past two years,
two states revised their laws to allow the use of vans for transporting school
children.
NHTSA gave another reason for states to rethink their laws allowing
passenger vans for student transportation -- it's illegal for dealers to sell
or lease new vans for this purpose.
"Federal law prohibits dealers from selling or leasing a new motor vehicle
with a capacity of more than 10 persons for the purpose of transporting
students to and from school, or a school-related activity, unless the vehicle
meets the rigorous Federal Motor Vehicle Safety Standards for school buses,"
Gauthier said.
It is difficult to modify a van to meet all the safety requirements, and a
full-sized bus has the added and very significant safety advantage of its much
larger size. "You can't just paint a van yellow and call it a school bus.
Parents need to know that a van offers their children much less protection in
a crash," Gauthier cautioned.
He noted that manufacturers of passenger vans (DaimlerChrysler, Ford and
General Motors) have provided written notification to their dealers reminding
them that federal law prohibits sales/leases of these vehicles for school
transportation, and that they are subject to penalties for violations. Last
October, for example, two dealers in Texas were fined a total of nearly
$6,000.
"School buses are subject to more safety requirements than any other
vehicle on the road, and NHTSA is researching additional safety enhancements.
Federal regulators set the bar very high to make sure school buses are as safe
as humanly possible," he added.
"How ironic that we have school buses that provide incredible protection
for our young people, but some states have enacted laws permitting the use of
a less safe alternative," Gauthier said. "Some require school buses for
public school students, but permit the use of vans for private schools, day
care centers, special education, Head Start and homeless students, and
sporting events. All students deserve the superior protection afforded by the
big yellow school bus, whether going to and from school or an extracurricular
activity."
Every year, the nation's 440,000 school buses travel about 4.3 billion
miles, transporting some 24 million children to and from school and school-
related activities. They have an impressive safety record, unequaled in the
transportation industry. An average of nine school-age children die each year
as occupants of school buses, but most of these fatalities involved
catastrophic crash circumstances.
"In contrast, more than 600 school-age children are killed each year in
passenger cars, light trucks and vans during normal school transportation
hours. Almost all of these deaths could be prevented if children rode in
school buses," Gauthier said.
He credited the stellar safety performance of school buses to the sheer
size of the bus that gives it the advantage in all but the most severe
crashes; tough federal safety standards that exceed those required in other
passenger vehicles; and the skill, special licensing and training requirements
of school bus drivers.
A listing of states and their policies on van use for pupil transportation
follows.
For more information about pupil transportation safety, visit the School
Bus Information Council website at http://www.schoolbusinfo.org, or NHTSA's website
at http://www.nhtsa.dot.gov.
State Laws Concerning the Use of 12 & 15-Passenger Vans
State To & From To & From Comments
School School-related
Events
Alabama No No
Alaska Yes * Yes Until July 2001.
Arizona No Yes
Arkansas No No
California Yes * Yes * If the seating capacity
has been reduced to 10
or less including the
driver.
Colorado Yes Yes
Connecticut No Yes
Delaware Yes * Yes * Since July 1, 1998, all
vehicles purchased must
meet school bus safety
standards.
Florida No * No * Does not apply to
private schools.
Georgia No * Not clear in the
Georgia law.
Hawaii Yes * Yes * On an exemption basis
only.
Idaho Yes Yes This law passed in
1999.
Illinois No Yes
Indiana No * Yes However, special
education services use
some vans.
Iowa No * No However, day care
centers use vans.
Kansas Yes Yes This law passed in
1998.
Kentucky No No
Louisiana No No
Maine Yes Yes
Maryland No * No * Does not apply to
private schools.
Massachusetts Yes * Yes ** * State law restricts
capacity to 8
passengers only.
** State law allows
coaches or teachers to
drive if they are not
compensated.
Michigan Yes * Yes * Only if van was
manufactured before
10-1-93. These vans
can not be used after
10-1-02.
Minnesota Yes * Yes * If the van is
reconfigured to a
capacity of 10 or less.
Mississippi Yes * Yes * Law does not prohibit
the use of vans, but
Dept. of Education will
not approve van
purchases.
Missouri Yes Yes
Montana No No * No law to enforce.
Nebraska No No
Nevada Yes Yes
New Hampshire No No
New Jersey No No
New Mexico No No
New York No No
North Carolina No * No Does not apply to
private schools.
North Dakota Yes Yes
Ohio No No
Oklahoma No * No * However, many school
districts ignore law.
Oregon No No
Pennsylvania Yes * Yes * Only for vans that were
in use in 1993. No
newer vans can be used.
Rhode Island No Yes * 1999 law "grandfathers"
non-conforming vans for
activities until 2008.
South Carolina Yes Yes
South Dakota No No
Tennessee No No
Texas No Yes
Utah No No
Vermont Yes Yes
Virginia No * No * Does not apply to
private schools.
Washington No No
West Virginia No Yes
Wisconsin Yes * Yes * Only "used" vans can be
purchased and used.
Wyoming No Yes * Not allowed after
12-31-2001.