The federal Motor Vehicle Safety Act prohibits the sale to a school or the purchase by a school of a vehicle under the following circumstances:
The reason is that when the school bus safety provision was added to the existing Motor Vehicle Safety Act, the only applicable vehicles covered by the original Act were those sold new. This made sense under the original Motor Vehicle Safety Act since it was not easy to mandate new safety standards retroactively. There is no question that as to the school bus safety features, this is a loophole in the federal law. However, in the course of investigating illegal van sales to schools, we found most involved sales of new vehicles.
Again, this is a feature of the Motor Vehicle Safety Act, which prohibits manufacturers and dealers from selling unsafe vehicles and does not make it illegal for a consumer to purchase such a vehicle. There is no question that this loophole has created an incentive by some schools to try to defeat the intent of the federal statute by trying to find a dealer willing to sell vans to schools. As the Strebler case indicated, however, the schools undertaking such a course of knowingly utilizing vehicles not meeting federal safety standards face potential liability under ordinary negligence theories unless their state specifically authorizes this use of such vehicles
Federal statute is the supreme law of the land and any sale by a dealer to a school is in violation of the federal statute, notwithstanding efforts by a state to make such transactions lawful. The primary effect of such statutes is to potentially defeat claims against schools utilizing these vehicles from grieving families in wrongful death cases or seriously injured children who have survived collisions in these unauthorized vehicles. States that don't comply can see a withholding of federal highway safety funds, similar to what happens when states don't enforce primary seat belt or drunk driving laws.
The law has not been firmly established on this issue, but it is likely that any institution carrying the name "school", "academy", "kindergarten", or other similar name will probably be subject to the statute. Moreover, any program which has sequenced instruction or promotes itself as teaching certain basic skills will also likely be considered to be a school.
No. In fact, comparable sized small school buses are required to have seat belts because they weigh less than 10,000 pounds. School buses, as indicated above, have markedly superior per road mile safety records than all other vehicles, regardless of the seat belt issue. In fact, school buses are designed with a "compartmentalization" concept, which keeps children within and near their seats by placing the seats forward to them very close and with significant interior padding and other safety features
Congress, in its wisdom, created special protections on nonconforming vans especially for children on their way to and from school and transported by their school district. This law has not been extended to protect others, and many safety experts say that Congress should look to address this issue, particularly for children transported by day care centers.
The initial cost of a 15 seater school bus is approximately $8,000.00 to $9,000.00 greater than a comparable sized van. However, the school bus has a significantly longer road life and is less expensive to maintain. Recent calculations have determined that the per road mile cost of a 15 seater school bus is actually cheaper than a comparable sized van.
Parents can transport kids on motorcycles to school or let them cross dangerous roads unsupervised, and no one would suggest schools can do this. Federal law expects higher levels of safety to be provided by school officials transporting school children to school or to school related activities.
There are three options for school transportation personnel:
|Last Updated on Friday, 23 October 2009 13:10|