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by Marge Scanlin and Jody Winter
In the Spring of 1998 there was much discussion and concern
around camps using vans to transport children. A combination of incidents
and press coverage made it seem to camp directors that using large vans
(12-21 passengers) was unsafe, if not illegal, and that camps should use
school buses to transport children. In a thorough investigation, ACA discovered
that this was not necessarily the case, and shared that information in
a previous issue of CampLine (May 1998). Since nearly three years
have passed, ACA has done some follow up research on the subject to keep
everyone as updated as possible on the current laws.
The confusion started when a Dateline NBC program (April
1998) understandably alarmed many parents and camp directors. The Web
site of MSNBC (www.msnbc.com/news/154667.asp)
added to the concern with reports indicating "federal law prohibits
the sale/lease of large passenger vans to schools for the purpose of transporting
students . . . large vans, those which hold ten or more passengers, do
not meet federal standards for school transportation." These reports
are true, but an examination of the full story gives a more clear picture.
Federal law prohibits the sale/lease of large passenger vans to schools
for the purpose of transporting students if the vans do not meet federal
standards for school bus manufacture. But this does not mean large vans
are unsafe, nor does it mean their use is prohibited.
In a discussion with Charlie Hott of the National Highway
Transportation Safety Administration (NHTSA) (April 28, 1998), NHTSA confirmed
to the American Camping Association that 12-21 passenger vans, as a class,
meet federal manufacturing standards that provide appropriate public safety
for children. If vans were unsafe for the transportation of children,
they would not be permitted to be sold/leased for that purpose. There
is no federal law that prohibits the transportation of children in vans
by camps. In fact, they (NHTSA) recognize that it is not practical to
transport all children in school buses.
Federal Standards Specify Safety Criteria for School
Buses
The federal government has established standards for
the construction of buses that are classified as school buses. If classified
as a school bus, that vehicle must be built to fulfill standards that
are not applicable to passenger vehicles or non-school buses. If a vehicle
is classified as a school bus, such requirements as stop-arms, flashing
yellow and red lights, joint strength, floor strength, crash-worthiness,
roll-over protection, and seat construction must be met whether the vehicle’s
capacity is 12, 47, or 66. Therefore, any van (for instance, a 12- or
15-passenger van) that is sold/leased for use as a school bus must be
specifically equipped to meet federal standards for school buses. "Vans"
(again such as 12- or 15-passenger vans) that are not classified for use
as a school bus are not required to be equipped to meet these federal
school bus standards but, in fact, must be manufactured to separate safety
standards consistent with their intended use.
The Federal Government Monitors the Manufacture and Initial
Sale/Lease of School Buses
Federal law provides that NHTSA regulates the manufacture
and sale/lease of all new vehicles. If a van is classified as a school
bus and does not meet the federal school bus standards, NHTSA has the
authority to levy fines on dealers who sell/lease the vans. NHTSA cannot
monitor the secondary sale of vehicles, nor do they have the authority
to monitor the use of vehicles — only their first sale.
Each Individual State Monitors the Use of Vehicles in
Its Jurisdiction
States monitor vehicle use and have the authority to
establish the rules of the road and the use of certain vehicle types for
specific purposes. This authority allows states to add to the standard
for vehicles classified as school buses and to pass state laws which complement
these standards. For example, states may require other vehicles to stop
while children are loaded and unloaded from vehicles classified as school
buses.
These state laws are very specific and will be different
from state to state. For example, in some states, only schools are permitted
the use of safety equipment such as stop arms and the use of yellow and
red flashing lights. Camps and other youth agencies utilizing vans or
buses constructed and/or equipped to meet the standards of school buses
may be prohibited from using those systems. (Camps purchasing used school
buses may need to repaint the bus and remove the lights and stop arm.)
In some states, camps have been specifically exempted from the law requiring
vans to be school-bus equipped.
Take the time to become familiar with your state’s laws
on operating the larger vans or buses. You may start by checking into
your state’s Web site using the link under Public Policy on ACA's Web
site. States vary on which agency will be the appropriate contact for
this information. For most states, it is either the Dept. of Transportation,
the Dept. of Public Safety, or the Dept. of Motor Vehicles.
Who establishes whether a van transporting children
is classified as a "school bus?"
The determination of whether a van used to transport children must meet
school bus standards is determined by whether a van is a "school
bus." Since both the federal and state governments have the authority
to define what is a " school bus," the prudent transportation
provider must consider not only federal law but also state law where the
vehicle is used. Camps should be cautious about what they call their vehicles
as well. Simply having the word "school" or "bus"
printed on the exterior of the bus/van (in some states) may be enough
to change how the state defines that particular vehicle. (The word "bus"
may also lead to the requirement of a special driver’s license, as in
California.)
Under federal law any motor vehicle designed to carry
more than ten persons is classified as a bus. A bus is classified as a
school bus if it is used to transport students to and from school or school
related activities. Official interpretation letters from NHTSA specifically
indicate that "unless your program would be considered a ‘school
or school-related event,’ your vehicles would not be considered ‘school
buses’ under federal law." (May 1991 letter from NHTSA to Ms. Vel
McCaslin.) However, camps must be aware that states also have the right
to add "camps" to the definition of "school." At the
time of this printing, Pennsylvania is the only state ACA is aware of
that has added "summer camp" to the definition. Camps in Pennsylvania
need to pay close attention to this, while other camps should be aware
of the possibility that their state laws may follow suit.
NHTSA further interprets (April 29, 1991 letter to Eric
G. Hoffman, Esq.) that "without violating any provision of federal
law, a school may use [any] vehicle to transport school children, even
if the vehicle does not comply with federal school bus regulations. This
is so because the individual states have authority over the activities
of a user of a school bus . . . You must look to state law."
NHTSA has further ruled (May 30, 1995 letter to Camp
Berachah Christian Retreat Center) that the federal bus regulations do
not require the leasing of complying school buses for camp programs not
affiliated with a school. However, if camp is considered by your state
to be a school-related activity, the requirements of the federal school
bus standards would most likely need to be met. Day camps operated in
conjunction with private schools may be an example that some states would
consider a "school-related activity." Another example is outdoor
education that you contract with the school district to provide. The interpretation
of when regulations apply is clearly a state issue and will vary from
state to state.
Why would federal and state governments require
a different standard of care for school transportation than all youth
transportation?
Education is a government mandate, and states provide public schooling
for those who do not choose private or home schooling. While mandating
education, the federal government has established the highest standard
for construction of school transportation vehicles. However, the federal
government and state governments also realize that it is not reasonable
to mandate that children always be transported in school buses. That would
be an impractical requirement for families, churches, youth organizations,
and camps.
Are school buses safer than vans?
NHTSA recommends that all schools and organizations that transport children
use buses built to the federal school bus structural standards or the
equivalent. Vehicles meeting federal school bus regulations are the safest
way to transport students, but this is not to say that non-school bus
transportation is unsafe. All vehicles must pass safety standards established
by the government. If vans were unsafe for transporting people, the federal
government would not permit their sale/lease for that purpose.
School buses have the lowest fatality rate. However,
one must remember that the fatality statistics are based on those buses
being used as school buses. This means they have the protection afforded
by state laws of the use of stop arms, flashing lights, yellow paint clearly
identifying them as school buses, and the expectation of the public that
safety laws must be followed. These protections are in addition to the
manufacturing standards for strength, stability, and crash-worthiness.
We do not know what the fatality rate of vans that are
not school-bus equipped would be if they were permitted to use flashing
lights, stop arms, and the force of law to require other drivers to stop
while they picked up or discharged children. Nor do we know the comparison
of fatality rates of buses equipped as school buses and non-school bus-equipped
buses.
What about insurance companies? Will they require
buses instead of vans?
ACA made contact with representatives from several insurance companies
that write policies for camps. All confirmed company recognition that
12- and 15-passenger vans are more structurally-sound than passenger cars
and mini-vans. One company indicated no loss history with vans that led
that company to believe vans were an unsafe mode of transportation for
campers.
ACA’s Recommendation to Camps
Camps looking to add to their transportation fleet are
encouraged to investigate the feasibility of getting a vehicle built to
the school bus safety standards. According to Charlie Hott of NHTSA (January
4, 2001), it could pay off to compare the cost of a school bus to a similarly
sized large van (new or used), looking at purchase price as well as maintenance
needs, possible insurance breaks, etc. Shopping around could bring the
vehicle with the higher safety benefits into a reasonably affordable range.
(Talk to your insurance provider about rate reductions for the vehicle
with more safety features. Some companies base rates solely on number
of passengers, but others are likely to provide discounts for the additional
structural strength or those outfitted with extra security devices/alarms,
etc. It pays to ask on a case by case basis!)
What should camps do?
Camps should continue to maintain full compliance with ACA standards and
with state laws applicable to transporting children. Specifically, camps
should:
- Be sure all vehicles, whether buses, vans or cars, have been inspected
and all safety equipment is fully operational. (See ACA Standards TR-13
– 16.)
- Require that all passengers wear seat belts when the vehicle is so-equipped,
and enforce established safety regulations. (See ACA Standards TR-10
and 11.)
- Provide safety training for all drivers on loading, unloading and
backing up. Require on-the-road driver training and evaluation in vehicles
that will be driven. (See ACA Standards TR-18 and TR-19.)
- Be sure drivers are appropriately licensed and their driving records
are clean (See ACA Standard TR-17.)
- Be conversant about your state’s laws concerning the use and monitoring
of buses and vans for transporting children to and from camp.
- Prepare statements to be used by office personnel concerning your
transportation program. Be able to explain the law as described above,
and the safety training you have in place for drivers and passengers.
Originally published in the 2001 Winter issue of The CampLine.
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