Church Van Proposal for South Carolina Baptist Churches

Many of the Baptist Churches in South Carolina have 15 passenger vans, some of which pose serious safety and liability risks. According to Dr. Richard Hammar in Church Law & Tax Report, August 2002 these vans used to transport children and adults on church approved trips have risks associated with the design and original purpose of these vehicles. Vans were originally designed to transport cargo, not people, and that they lack the many safety features required on smaller vehicles (like mini-vans) and larger school busses.  Hammar continues in his article to emphasize that the National Highway Transportation Safety Administration (NHTSA) released a safety advisory warning of the “roll over” rate of the 15 passenger vans increase nearly seven times when driven with 15 occupants. The rate drops significantly with 10 passengers to only a three times greater chance (from seven.) The NHTSA analysis revealed that loads to capacity of 15 passenger vans causes the center of gravity to shift forward and upward increasing the rollover likelihood.

There have been many warnings issued by conference leaders on legal issues, articles, and documents from attorneys and insurance companies. This writer continues to see churches filling their 15 passenger vans to capacity without regard to these warnings.

Many churches are hiding the issue behind their insurance coverage, saying they have met all of their driver requirements. Yes, many crashes and turnovers could be contributed to driver error – however the vehicle design is much more a factor in the safety use of vans. Churches knowing about the warnings and not creating policies to correct the problems are entering “gross negligence” – avoiding the facts and relying on their insurance covering any accident. Churches that continue to use 15 passenger vans to transport people are assuming increased risk of liability unless they take specific steps to reduce that risk. According to Hammar, “If a court concludes that a church’s use of a 15 passenger van amounts to “gross negligence,” then the church may be assessed punitive damage (which is not covered under its general liability insurance policy) and the members of the church board may be personally liable.”

NHTSA references for South Carolina churches regarding vans:

1. Create policies for van use and maintenance.
2. Make sure every use of vans is approved by policy and noted as an approved church activity on the general church calendar.
3. SC tip: Reduce 15-passenger van capacity to no more than a total of 7-9 persons on board. Remove seats at the rear of the vehicles – making seating only towards the front area, regenerating the center of gravity lower in the vehicle. NHTSA issued the following rollover ratio percent – less than five passengers 12.3%; five to nine – 20.8%; ten to fifteen – 29.1%; fifteen plus – 70.0%.
4. SC tip: Tape or paint a line around the cargo area of the rear of each vehicle no higher than the top of the wheel well. This line will assure that all baggage is at its lowest point in the vehicle. Stacking of luggage/cargo should not be above the taped line. No roof top cargo of any kind.
5. Equip seats with seat belts for all passengers.
6. Van drivers should be well rested, trained on the use of the vehicle, and have a safe driving record, never drive over 60 mph, or after 12 p.m. or while using a cellular phone.
7. Never tow heavy or multiple axle trailers.
8. Keep the gas tanks full as much as possible.

Because of the risks, churches probably will find it increasingly difficult to obtain insurance for these vehicles in the future.

Two options to consider:

1. Get rid of the 15 passenger vans and replace them with small school buses or other safety approved transport vehicles. When getting rid of /selling a van include in the bill of sale a disclaimer that the van is not being sold to transport people, but sold as a vehicle for carrying cargo only. If this can’t be signed – don’t sell.
2. Keep 15 passenger vans and accept the legal liabilities with the risk and either permanently or temporarily (until they can be replaced with small school buses), but strictly comply with codes of the NHTSA terms recommendation in their safety advisory/advisories.

For best results:

1. Sell all 15-passenger vans.
2. Purchase mini-bus with school bus rating standards and use CDL drivers where applicable.
3. Use commercial bus companies when sponsoring out-of-state trips or large groups (20+).

Be Safe!

Robert F. Grant, Director

Church Administration & Buildings Office