305 Flat Rock Road Lawndale NC 28090 us

Buying, Selling & Using Vans: Federal Law

Selling: It is a violation of Federal law for any person knowingly to sell or lease a new bus for use as a school bus if the bus does not meet all school bus Federal Motor Vehicle Safety Standards (FMVSSs). The law provides substantial civil penalties for selling a new non-school bus for use as a school bus.

Buying: When the Public Law 109-59 [Safe, Accountable, Flexible Efficient Transportation Equity Act – A Legacy for Users (SAFETEALU)] was signed on August 10, 2005, it amended that NHTSA regulations concerning the purchase and use of vans by schools and school systems. Previously, federal law only prohibited motor vehicle dealers and others from selling or leasing a new 15-passenger van to schools for the transportation of students to and from school or school-related activities. Under the new federal law, NHTSA regulations now prohibit a school or school system from purchasing or leasing a new 15-passenger van “if it will be used significantly by or on behalf of the school or school system to transport preprimary, primary, or secondary school students to and from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses.” 

Civil Penalties: The new federal law imposes civil penalties for violations. A single violation carries a civil penalty of up to $10,000, and the civil penalty for a related series of violations is up to $15,000,000


 

IF YOUR CHURCH, SCHOOL, OR ORGANIZATION OWNS OR OPERATES A 15 PASSENGER VAN...

* There are many reasons you  should immediately reconsider this decision.  When you look at the history of these vehicles, most of them started life as an engineering exercise by the manufacturers to carry CARGO.  They evolved into a vehicle to carry passengers by simply cutting holes in the sides for windows, bolting in some seats, not offering any additional occupant protection, and now we have a 15 passenger van.

LAWS


A TRANSPORTATION CONSULTING COMPANT

Van Angels -. This is a great site with much history about the dangers of using 15 passenger vans.


National Highway Traffic Safety Agency (NHTSA) Links :

www.nhtsa.dot.gov/Cars/Problems/studies/15PassVans/15passvan.html

LINKS

+1.7044728398     dkb143@msn.com

CBS NEWS 60 Minutes Report -  This is a great story giving an in depth analysis of the dangers associated with the 15 passenger van.

* After analyzing accidents and reviewing claims experience, many insurance companies have stopped insuring these vehicles.  History has clearly illustrated the dangers and liabilities these vehicles subject the owners and operators to.

* Many manufacturers (Chevrolet, GMC, Dodge) have stopped manufacturing this type vehicle.  They have decided the liabilities associated with the offering of these type vehicles is not worth the liabilities that go with manufacture and marketing the 15 passenger vans.

Buying, Selling & Using Vans: North Carolina Law

School Use: North Carolina Public Schools are prohibited to transport students to and from school using an 11-15 person van. State law requires that all vehicles used by public school units meeting the specifications of the State Board of Education.

General Statute 115C-240(c): “…No school bus shall be operated for the transportation of pupils unless such bus is constructed and maintained as prescribed In such regulations and is equipped with adequate heating facilities, a standard signaling device for giving due notice that the bus is about to make a turn, an alternating flashing stoplight on the front of the bus, an alternating flashing stoplight on the rear of the bus, and such other warning devices, fire protective equipment and first aid supplies as may be prescribed for installation upon such buses by the regulation of the State Board of Education.”

Contracted Use: There is no outright prohibition of the use of 15 passenger vans by companies contracted by the local board of education. It is an issue of liability.

General Statute 115C-253: “Provided, that where a contract for transportation of pupils is entered into between a local board of education and any person, firm or corporation which contemplates the use of an automobile or vehicle other than a bus for the transportation of 16 pupils or less, the automobile or vehicle shall not be required to be constructed and equipped as provided for in G.S. 115C-240(c), but shall be constructed and equipped pursuant to rules and regulations promulgated by the State Board of Education.”

School Activity Use: There is no prohibition of the 11-15 passenger vans can be used to transport children to and from school related activities.