Safely Transporting Our Children in 15-Passenger Vans

By Attorney David Gibbs Jr.

In 1994, a six-year-old boy tragically was killed in an automobile accident when a semi-trailer truck ran a red light and slammed into the side of the 15-passenger school van in which he was riding. The boy's parents subsequently sued the trucking company, the dealership that sold the van and the school. In an out-of-court settlement, the trucking company paid for the negligence of its driver in running the red light; the dealership paid for its unlawful sale of a 15-passenger van to the school; and the school paid for its decision to use a vehicle that fell below federal safety standards for school transportation vehicles.

In the last decade, more than 400 people have died in these vehicles, many of them while on church or school outings. It is critical, therefore, that ministries with a transportation program conduct a risk analysis, understand federal and state laws, engage in accident and liability prevention and maintain adequate insurance coverage.

Risk analysis

Research conducted by the National Highway Traffic Safety Administration (NHTSA)--the leading federal agency ensuring school-bus safety--shows 15-passenger vans are involved in more single-vehicle accidents involving rollovers than any other passenger vehicle. Moreover, 81 percent of the 15-passenger van occupant fatalities occur in single-vehicle rollover accidents.

The NHTSA says the risk of a rollover accident is greatly increased when 10 or more people ride in a 15-passenger van. NHTSA data shows 15-passenger vans carrying 10 occupants have a rollover rate in single-vehicle accidents that is nearly three times the rate of those that carry fewer passengers. When carrying 15 passengers, these vans are almost six times as likely to roll. In April 2001 and April 2002, the NHTSA was so concerned about this data that it issued two consumer advisories to the general public warning summertime users of 15-passenger vans of this increased rollover risk.

Claims involving 15-passenger van rollovers topped the list of the most prominent new legal causes of action in 2002. Thus, insurance companies have been hard-hit paying out damages in multi-million dollar lawsuits. One family was awarded $18 million when their 10-year old daughter became a quadriplegic in a 15-passenger van accident. As a result of such lawsuits, one insurer of more than 10,000 churches has stopped writing new policies for 15-passenger vans. Other insurers have increased insurance premiums on 15-passenger vans by 25 percent.

Federal and state laws

The Motor Vehicle Safety Amendments Act of 1974 is a federal law that prohibits the sale to schools of new vehicles with a capacity of more than 10 passengers unless the vehicles meets federal school bus safety standards. There is no exemption for church schools. A car dealer can be fined $1,000 for each sale of a 15-passenger van to a public or private school if the following conditions exist:

(1) The van is new.

(2) The van does not meet the federal safety standards for school buses. (Unless modified, 15-passenger vans do not meet these standards.)

(3) The van can carry more than 10 passengers.

(4) The school is buying the van to transport preschool, primary or secondary students for regular or extracurricular school functions.

It is important that ministries know what the law in their state says about the use of 15-passenger vans. As always, the Christian Law Association (CLA) counts it a privilege to help churches find the law in their state.

Accident and liability prevention

CLA has some recommendations for churches that continue to transport people in them. All 15-passenger van transportation can be divided into the following three categories of use:

1. Transporting adults

2. Transporting church children

3. Transporting school children

Transporting adults or children in 15-passenger vans for church functions still is legally permissible in most states, although even this use of the van is quickly falling into disfavor among transportation officials. Churches that use 15-passenger vans for church activities must be especially careful to carry enough insurance coverage to protect them against a van accident involving 15 or more people. The church's insurance agent can assist the ministry in assessing the limits required for church use of a 15-passenger van.

CLA strongly cautions ministries not to use 15-passenger vans for the transportation of school children. With the current trends in the law, a school that uses a 15-passenger van could find the ministry's insurance carrier denying coverage for a claim "for using a non-conforming vehicle for school transportation purposes" if a serious accident were to occur.

Recommended guidelines for using 15-passenger vans

CLA also recommends that churches currently using 15-passenger vans for ministry purposes institute the following safety guidelines for use of these vans.

Van maintenance. Essential vehicle systems--braking, exhaust, fuel, steering and suspension--must be well maintained. Both pre- and post-trip maintenance checks must be performed from the front to the back of the vehicle.

Tire failure is a leading cause of 15-passenger accidents. Worn tires lose road traction in rainy conditions and improper inflation can cause tires to blowout. If a tire blows, especially in the rear, the driver often over-corrects and rolls the vehicle after hitting a median or running off the road.

Thus, special attention should be given to the tires. Tire inflation, tread and steel belts should be looked at very closely, especially those in the rear. As an additional precaution, tire pressure also should be checked every time the fuel tank is filled. If there is any sign of tire damage or weakness, it must be replaced immediately. High-quality tires that are properly sized and rated for the vehicle and load must be purchased, especially for the rear.

Use qualified drivers. Both the NHTSA and insurance companies advise that qualified drivers should be the only drivers of 15-passenger vans. Thus, the ministry should prepare an approved list of qualified drivers and allow only those drivers to drive the vehicle. A qualified driver should:

• Be mature.
• Have a commercial driver's license, a chauffeur's license or pass a defensive driver's course.
• Be familiar with the unique handling characteristics of 15-passenger vans.
• Have specific 15-passenger van driver training in fully loaded and unloaded vehicles.
• Drive conservatively and obey all rules of the road.
• Drive according to the road conditions, but never more than 60 miles per hour. (According the NHTSA, traveling at high speeds can create instability.)
• Avoid conditions that lead to a loss of control.
• Be alert and not fatigued at the time of driving.
• Be free of any substances, legal or illegal, that impair the driver's judgment.

Mandate seatbelt use. Eighty percent of people killed in 15-passenger van rollovers in the last decade were not wearing seatbelts. Also, many of the injured would have been less seriously hurt if they had been wearing seatbelts. It is critical, therefore, that ministries have and enforce a written seatbelt use policy that requires passengers to buckle up. For some insurance companies, this is a condition of coverage.

Limit the load. Safety experts and insurance companies warn that 15-passenger vans become top-heavy as additional passengers are transported. Therefore, 10 passengers should be the maximum. The back seat should be removed to ensure this directive is followed. If less than 10 passengers are riding in the vehicle, the front seats should be filled up first.

Other load factors that will help reduce the risk of rollovers are (1) never load luggage on the roof of the vehicle, (2) never pile up luggage in the space reserved for the back row seat, (3) keep the gas tank as full as possible, and (4) never tow a trailer.

Recommended alternatives to 15-passenger vans

A 15-passenger bus is a good alternative to a 15-passenger van. School buses provide the highest level of safety for children. Nationwide, there are about 10 school bus passenger fatalities out of 10 billion student trips each year. Although a 15-passenger bus costs about $7,000 more than a 15-passenger van, the increased safety and decreased risk of liability justify the additional expense. In addition, 15-passenger buses last longer and have lower insurance and maintenance costs.

Mini-vans are another alternative. They are 40 percent less likely than 15-passenger vans to roll in an accident, and many people have mini-van driving experience.

Maintain adequate insurance coverage

It is important for churches to check with their insurance agent to make sure their coverage is adequate. If not, they should prayerfully consider increasing coverage to the recommended level. For a more in-depth guide to understanding insurance options, please contact CLA for a copy of the publication, Ministry Audit of Insurance.

To contact the legal missionary ministry of the Christian Law Association, call 727.399.8300 or visit www.ChristianLaw.org.