Interpretation ID: nht95-2.69

TYPE: INTERPRETATION-NHTSA

DATE: May 4, 1995

FROM: Paul David Wellstone -- United States Senator

TO: Regina Sullivan -- Director, Office of Congressional Affairs, U.S. DOT

TITLE: NONE

ATTACHMT: ATTACHED TO 7/25/95 LETTER FROM JOHN WOMACK TO PAUL DAVID WELLSTONE (PART 571)

TEXT: Dear Ms. Sullivan:

I have been contacted by a constituent of mine, Kris Solberg, about the problem The Grace Christian School is having with the federal government's definition of what constitutes a school bus. I have enclosed a copy of their letter for your review.

The Grace Christian School does not understand why the federal law does not allow the use of 15 passenger vans to transport students to school events.

I would appreciate it if you would review their situation and address their concerns. Please advise me of your findings and direct your response to Scott Adams, a member of my staff, at:

2550 University Avenue W., # 100N St. Paul, MN 55114 612/645-0323

Thank you for your assistance.

Enclosure

GRACE BAPTIST CHURCH

January 31, 1995

Senator Paul Wellstone Hart Office Bldg Washington, DC 20510

Dear Senator Wellstone:

A large number of schools are facing a difficult legal situation with regards to transportation, for which we need your help.

LEGAL SITUATION: The federal government, since the 1970's, has defined a school bus as "a passenger motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver, . . . for the purpose of transporting . . . school stu dents . . .". For years, this definition was largely overlooked. Recently, the federal government has increased pressure on state legislatures to certify state statutes concerning school buses to comply with federal laws.

In 1992, Minnesota passed laws (MN statutes 1992, section 124.225) which comply with the federal definition of a school bus. Our Minnesota laws make it illegal to use a 15 passenger van to transport school students because: 1) it is classified as a bus, but 2) it does not meet all the requirements of a school bus.

HARDSHIP CREATED: 1) Some schools are being forced out of participation in extra-curricular, and even co-curricular activities, because they cannot afford to purchase and operate an official school bus. A small private school from our area, which has a nice van, announced last week that they will have to cancel their winter athletics programs, because they cannot afford to purchase a school bus. 2) The requirement is grossly wasteful. When we send, as we frequently do, sports teams, quiz teams, debat e teams etc., of 5 to 10 students, operating a bus is many times more costly than operating a van.

INEQUITIES OF THE LAW: We have been told that these laws have been passed in the name of safety. However:

1) A 15 passenger van is deemed safe enough for the legal transportation of Sunday School children.

2) A 15 passenger van is safe enough for churches to use in transporting "youth groups".

3) Youth camps, daycares, and youth clubs may use 15 passenger vans.

4) Airports, casinos, motels, etc., may transport passengers, including children, in passenger vans.

5) Station wagons, 7 passenger vans, and automobiles may legally be used to transport school students. These vehicles are not safer than 15 passenger vans.

Conclusion: The 15 passenger van is not an unsafe vehicle. It is, rather, the unfortunate victim of a law written before the 15 passenger van's existence. It is excluded by an unjustified technicality.

PROPOSAL

I. Amend the federal definition of a school bus to read "a vehicle which is designed to transport more than 15 passengers, including the drive . . ." rather than the current," 10 passenger, not including the driver.

II. Require that vehicles designed to transport 15 passengers or less, including vans, wagons, and automobiles, which are used to transport school students be required to be inspected annually, as school buses currently are.

We appreciate your attention to this matter. Please let us know what can be done to improve this.

Sincerely,

Kris Solberg, Principal GRACE CHRISTIAN SCHOOL 600 Lind St. Mankato, MN 56001