UDALL PROPOSES LAW TO
CLOSE USED VAN LOOPHOLE

August 30, 2001

Westminster, Colo. - Rep. Mark Udall (D-CO) today proposed legislation to close a loophole in federal law that allows schools to purchase used 15 passenger vans. One of these types of vans was involved in a rollover accident earlier this summer that resulted in the deaths of five members of the Hmong Alliance Church in Westminster, which is located in Udall's congressional district.

"A loophole in federal law is enabling our schools to continue to purchase these vehicles, which are highly susceptible to rollovers, thus putting our children at continued risk," said Udall. "My proposal closes this loophole in the law and provides for greater highway transportation safety for our children and loved ones as they travel to school, athletic events, competitions, or other school-related activities."

The sale of new 15-passenger vans to carry school-age children has been banned since 1974 because they do not have the same safety features as school buses and because the vans are more likely to roll over when carrying many passengers. However, there is a loophole in federal regulation that is enabling schools to purchase used vans from auto dealers.

The proposed bill would remove the nearly 30-year old loophole in the federal law that allows used vans to be purchased while new vans are banned. Colleges and universities would be covered under the proposed law. Additionally, the bill extends the ban from sale of vans to leasing, renting and buying, thereby making the buyers accountable as well as the sellers. Finally, the penalty for breaking the proposed law would be increased from $1,000 to $25,000 and fines collected would be pooled into an account under the Secretary of Transportation for use in enforcing the provisions of the law.

On April 9, the National Highway Transportation Safety Administration issued a cautionary warning that 15-passenger vans with ten or more occupants had a rollover rate in single vehicle crashes that is nearly three times the rate of those that were lightly loaded. In July, Udall wrote to U.S. Transportation Secretary Norm Mineta asking that the federal agency close the used van loophole administratively. The Department of Transportation said that it would take an act of Congress to close the loophole.

Udall concluded by saying, "As parents, we want to know that our children are going to be safe when they travel to and from school and school-related events. This bill will go a long way in ensuring that safety and in easing parents' minds."