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 LawWASHINGTON, 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.