1. automotive and vehicles
2. commercial vehicles

Managing
specialty
vehicle risks
Staying safe in
15-passenger vans
By Deidre Bello, associate editor
L
ast September, a 15-passenger van blew a tire
and rolled over into a median along the New
York State Thruway. Several passengers were
ejected during the crash, in which six people
died and eight others were injured. Less than
a month later, a similar crash involving a
15-passenger church van killed four people and injured 15
near Blakely, GA. These fatal crashes have re-ignited safety
advocates’ efforts to educate drivers about the potential
dangers of operating specialty vehicles.
In February 2010, the Federal Motor Carrier Safety Administration amended a regulation to improve safety oversight of
certain van operators. The changes came in anticipation of a
new system for monitoring the safety performance of motor
carriers and commercial motor vehicle drivers – Compliance,
Safety, Accountability (formerly known as Comprehensive
Safety Analysis 2010). The rule applies to motor carriers operating CMVs used to transport between nine and 15 passengers (including the driver) in interstate commerce for direct
compensation.
42 Safety+Health | April 2011
Some safety advocates claim more needs to be done to
address oversight of operators not under the jurisdiction
of the federal government and that pose a higher crash
risk by driving older vans. These organizations use nine- to
15-passenger vans to transport school sports teams, vanpools and church groups, to name a few.
An ‘inherently dangerous’ vehicle
Concern about safety oversight of 15-passenger vans emerged
in the 1990s. Between 1994 and 2004, 1,512 fatal crashes
involving 15-passenger vehicles occurred, according to the
National Transportation Safety Board. After a 2001 fatal rollover crash near Henrietta, TX, and an incident involving an
overturned 15-passenger van in North Carolina, NTSB called
for more oversight of nine- to 15-passenger vans, as well as
design improvements to prevent crash risks.
Findings from a 2002 NTSB study showed that although
15-passenger vans are involved in a proportionate number of fatal crashes when compared with other passenger
vehicles, the rollover rate for fully loaded or nearly loaded
15-passenger vans is about 3 times the rollover rate of vans
with fewer than five passengers.
sh.nsc.org
Photo: Center for Transportation Safety
The National Highway Traffic Safety Administration has
conducted additional research
on rollover risk. Studies show
crashes involving 15-passenger
vans frequently are a result of
the vehicle’s higher center of
gravity.
Victor S. Parra, president
and CEO of the Alexandria, VAbased United Motorcoach Association, said the vehicle’s design
makes it inherently unstable.
“Most of the people driving
these vehicles are unaware of
this potential problem,” he said.
Factors that contribute to
instability include overloading, tire deterioration leading
to a blowout and driver handling. Lack of safety features in
the event of a rollover and low
safety belt use also contributed
to the severity of injuries.
Insurance Institute for Highway Safety studies found
the driver death rate in 15-passenger vans is lower than
in other passenger vehicles, but the occupant death rate
is higher. An analysis of crash statistics from 2004 to 2008
showed 40 driver deaths per million occurred in registered 15-passenger vans during that period. (The driver
death rate was 91 for all other passenger vehicles combined.) Still, the death rate for all occupants was higher
for 15-passenger vans compared with other passenger
vehicles – 175 compared with 130 deaths per million registered vehicles.
In the aftermath of the fatal New York and Georgia
crashes, NHTSA in October reissued an advisory for anyone operating a 15-passenger van. NHTSA first issued the
safety advisory in April 2001.
Federal driver requirements and CSA
FMCSA’s regulation governing CMVs used to transport
nine to 15 passengers in interstate commerce for direct
compensation was amended in February 2010 and now
applies regardless of distance traveled. Under the rule,
CMVs that meet that criteria are subject to requirements
that include safety fitness qualifications; maintaining
records to document compliance; new entrant safety
assurance procedures; and general prohibitions against
use of alcohol, drugs and other substances while operating a CMV.
Parra said his organization is pleased the vehicles
now are held to the same standard as the motorcoach
sh.nsc.org
Read NTSB crash summaries and a list of safety
tips from NHTSA at www.nsc.org/plus
industry. “The thing I liked about it – and obviously there
are things that need some enhancements – is it’s really
designed to go after the companies that are truly problematic and intervene before problems occur,” he said,
adding that the addition of regulations for small van
drivers applied under the CSA program will create a more
responsible driver.
Feature at a Glance
Nine- to 15-passenger vans frequently are used by private organizations or educational entities. Although the crash rate for
these vans is lower than for other passenger vehicles, nine- to
15-passenger vans pose a greater crash risk due to the vehicle’s
design and difference in handling capabilities for drivers.
Key points
• Operation of nine- to 15-passenger vans is regulated by the
federal government only for vehicles that operate in interstate
commerce for direct compensation.
• The Federal Motor Carrier Administration amended regulations for nine- to 15-passenger vehicles in February 2010.
• For-hire motor carriers are financially responsible for certain
requirements, and must meet operating authority requirements
regardless of if they have nonprofit status.
• Cost continues to deter some private organizations and universities from retrofitting safety features in vans or purchasing newer
models of passenger vehicles with more safety features.
Safety+Health | April 2011 43
Regulations that apply under 49 CFR
Motor carriers operating commercial motor vehicles
designed or used to transport between nine and 15 passengers (including the driver) in interstate commerce for direct
compensation must comply with the following regulations:
carrier must ensure its drivers comply with rules governing CMV operation at railroad grade crossings, practices
to ensure a CMV is safely stopped, fueling precautions and
other general prohibited practices.
49 CFR Part 390.21
Motor carriers must ensure every self-propelled CMV they
operate is marked as specified in paragraphs (b), (c) and (d)
under 49 CFR 390.21, including the requirement to mark
the vehicle with the U.S. Department of Transportation
Number and the legal name or a single trade name of the
motor carrier operating the vehicle.
49 CFR Part 393
Requirements concern parts and accessories necessary for
safe operation of a CMV. Applicable requirements include,
among other things, lamps, reflective devices and electrical wiring, brakes, glazing and window construction, fuel
systems, and emergency equipment.
49 CFR Part 392
Requirements include general prohibitions against the use
of alcohol, drugs and other substances while operating a
CMV, and operating a CMV while ill or fatigued. The motor
49 CFR Part 395
Motor carriers must ensure their drivers comply with the
applicable hours-of-service requirements for motor carriers of passengers. Most, if not all, operators of small
passenger-carrying vehicles within the 75 air-mile limit
and their driver will be covered by the short-haul
operations provision of 49 CFR 395.1(e)(1).
49 CFR Part 395.5
Any driver who operates beyond a 100 air-mile
radius from the normal work-reporting location
must not drive more than 10 hours after eight consecutive hours off duty or operate a CMV after
being on duty for more than 15 hours following
eight consecutive hours off duty. Drivers must
not drive after being on duty for 60 hours in any
seven consecutive days if the motor carrier does
not operate a CMV every day of the week, or after
being on duty for 70 hours in any eight consecutive days if the motor carrier operates every day.
Access an FMCSA safety resource on federal
requirements at www.nsc.org/plus
44 Safety+Health | April 2011
are required to file a motor carrier identification report,
mark their vehicles with their motor carrier identification
number and maintain an accident register.
When asked what NHTSA could do to improve the design
of the vehicles, Parra suggested adding requirements for dual
tires and retrofitting vans with electronic stability control.
However, due to cost issues, that option is not always feasible.
NHTSA also could improve roof crush standards, require
improved window design standards, and upgrade safety belt
standards to require load limiters and slack adjusters, which
could prevent passengers from being partially ejected in a rollover, he said. Meanwhile, FMCSA could extend commercial
driver’s license requirements for vehicles for hire, he added.
In the past decade, 80 percent of people killed in rollover
crashes in 15-passenger vans were unbelted, according to
NHTSA. The administration advises organizations that
own 15-passenger vans to have a written safety belt policy.
sh.nsc.org
Photo: Center for Transportation Safety
FMCSA officials estimate 558 fatal crashes and 2,234
injury crashes occur each year in nine- and 15-passenger
vans. Under the FMCSA rule, motor carriers that operate
CMVs used to transport between nine and 15 passengers
for direct compensation also must meet financial responsibility and operating authority requirements. Federal
regulations also require motor carriers to be subject to
compliance reviews and receive safety ratings. Those that
receive an “unsatisfactory” safety rating will be prohibited
from operating CMVs to transport passengers in interstate
commerce.
According to the FMCSA regulation, motor carriers operating vehicles used to transport nine to 15 passengers not
for direct compensation, regardless of the distance traveled,
“I don’t want to be telling parents there was an accident and
that I’m sorry. I want to do every-
In 2001, the Advocates for Highway
and Auto Safety pushed for a drug testing
requirement for small passenger-carrying
CMVs – a request that still has not been fulfilled. FMCSA stated in its ruling that it will
not make CDL and controlled substances and
alcohol testing requirements applicable to
operators of small passenger-carrying CMVs
because they do not fit the statutory definition of a CMV used for those programs. As a
result, the passenger-carrying threshold for
CDL and controlled substance and alcohol
testing requirements remains at 16 passen- Rita Gordon, University of North Carolina in Wilmington
gers (including the driver).
Henry Jasny, general counsel for Washington-based these vehicles should set standards for driver hiring and
AHAS, said FMCSA’s regulation only went partway in deal- ensure drivers are skilled, trained and experienced, and
ing with safety issues for vans because it does not cover have a safe driving record, according to Solomon.
vans owned by individuals or organizations that operate
At the University of North Carolina in Wilmington,
vanpools and receive indirect compensation. “We think marine biology professors and other university staff and
there’s still a problem in terms of the operation of the vehi- students often use the vans for trips to the coast 10 miles
cle,” he said, adding that most of the 15-passenger vans away, said Rita Gordon, director of auxiliary services at the
registered today are owned or leased by church groups or
university. Operators of 15-passenger vans
private organizations and individuals.
are required to take a three-hour vehicle
Although NHTSA issued an advisory with safety tips
safety course and pass a test administered
and commonsense guidance, most of the people who operby university police. Drivers also must sign
ate the vehicles have not seen the advisory, Jasny said. “The
a 15-passenger van advisory form stating
problem with giving them commonsense tips is all well and
they will abide by the policies of the UNCW
good until they get in a critical situation while driving.”
Motor Fleet Office, Gordon said. She added
that she is aware of the crash risks of driving
Organizations and institutions
15-passenger vans, but said the university
Gordon
The first thing any organization or private owner who
has an extensive driver training, mainteplans to operate a nine- to 15-passenger van should ask nance and operation policy in place.
why a van of that size is necessary and is it practical, said
“I don’t want to be telling parents there was an accident and
James Solomon, director of Program Development and that I’m sorry,” Gordon said. “I want to do everything in my
Training for the National Safety Council’s Defensive Driv- power to make sure the folks operating our vehicles are fully
ing Courses. People should know the risks associated with trained and fully aware of how to operate them properly.”
these vans because of their higher center of gravity, and
UNCW’s policy requires a minimum of five years of drivthat operation of the van may fall under CDL regulations ing experience and prohibits drivers from operating beyond
– not by weight but by the number of passengers, Solomon an eight-hour limit, using cell phones or text messaging
said.
while driving, and consuming alcohol. It also limits the
Organizations or private owners should know what state number of passengers (no more than 10 or fewer than five).
laws apply to the operation of these vans, he said. Similar
Gordon said other organizations and universities that
to federal requirements for drivers of 15-passenger vehicles, are unable to purchase newer passenger vehicles or phase
private owners and nonprofit organizations that operate 15-passenger vans out of their fleet should have a similar
policy that includes background checks with their local
police department, passenger safety education on loadTransporting children
ing and maintenance checks with special emphasis on tire
In 2005, federal law made it illegal for schools or school
pressure.
systems to purchase or lease a new 15-passenger van if it
Instead of building a fleet with 15-passenger vans, church
will be used significantly by, or on behalf of, the school sysgroups and other private organizations should rent or buy a
tem to transport preschool and elementary school-aged
small school bus, Jasny said. Although it may not have the
children to or from school or an event related to school.
best fuel mileage, “school buses are built to better safety
standards,” he said.
thing in my power to make sure the
folks operating our vehicles are fully
trained and fully aware of how to
operate them properly.”
sh.nsc.org
Safety+Health | April 2011 45