Interpretation ID: nht92-6.13

DATE: June 9, 1992

FROM: Jim Sasser -- United States Senator

TO: Jerry R. Curry -- Administrator, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 7/7/92 from Frederick H. Grubbe to Jim Sasser (A39; Part 571.3); Also attached to letter dated 5/29/92 from Jerry R. Curry to John J. Duncan, Jr.

TEXT:

I have been contacted by several Tennesseans regarding their concern about a federal law governing the use of vehicles with a capacity for eleven or more individuals. I have enclosed a sample letter for your reference.

Many schools in Tennessee formerly used passenger vans to transport athletic teams and have been forced to discontinue use of the vans due to this law. The elimination of the van service has placed a tremendous financial burden on these schools and forced some to eliminate some of their minor sports programs.

Accordingly, I would appreciate your giving careful consideration to this matter and providing me with a report which addresses whose responsibility it is to meet the federal safety standards. Does the individual who sells the van have responsibility or does the school which purchased the vehicle? Moreover, I would further appreciate the report addressing the question of the liability involved in the event of an accident.

Thank you for your courtesy and assistance.

Attachment

Letter dated 5/29/92 from Robert High, Athletic Director, Brainerd High School, Chattanooga, Tennessee to Jim Sasser. Text of letter:

Mr. Sasser:

Recently there has been much concern in regards to recent memos from Mr. Ernest Farmer, Director of Pupil Transportation, Tennessee Department of Education. The memo I have reference to concerns a law that dates back to 1970's. This memo is a federal law pertaining to the use of vehicles with a capacity of eleven or more passengers.

Many schools throughout the state have used both 12 and 15 passenger vans to transport their athletic teams to and from athletic events. There are several systems that have been required to stop using their vans for transportation in athletics due to that law. This situation has and could create a tremendous financial burden on schools, a problem we already have due to budget cuts.

If vans are eliminated from schools, I foresee several problems. Several schools would have to eliminate most of their minor sports simply because of the cost for renting buses on a daily basis. Also, the availability of buses at the time of day you need them.

We are desperately asking for your help in seeing that this law is amended or changed in order to permit the use of these vehicles. I personally don't understand the rationale in allowing a van to transport 10 passengers, but not 11, 12 or 15.

Here at Brainerd, we field 12 athletic teams and 2 squads of cheerleaders. We only have 2 revenue producing sports with those being football and basketball. I am hopeful that we will not have to result to cutting out minor sports because of a transportation cost problem.

We appreciate your support in this matter.