Pete Japikse
Vans – Now What? Is it true that we can use 12 passenger vans?
On March 19, the General Assembly passed House Bill 54 and sent the act to the Governor for signature. The Bill has been signed and becomes effective June 30, 2025.
This Bill (also known as the state transportation budget) includes language that redefines what we have known as a 9-passenger van to include motor vehicles originally manufactured and designed to transport up to 12 passengers. Under the Bill, these vehicles are called “alternative vehicles.” The language also expands the use of alternative vehicles to regular student transportation, including school-related activities and school-sponsored events.
As public school officials know, we have lived with the 9-passenger limit since 2001 and have followed Ohio Administrative Code 3301-83-19 that addresses which students may be transported on these vehicles. The adoption of HB 54 sets parts of these regulations aside.
What you may not know is that there are also federal laws and regulations that address the use of these vehicles, as well as strong guidance from the federal government and national transportation associations addressing safety risks with vehicles designed for more than 9 passengers that do not conform to the construction standards of a school bus. While vehicles designed for 9 passengers or less are classified as passenger vehicles, NHTSA categorizes vehicles designed for more than 9 passengers as nonconforming vehicles when they are used for school transportation purposes. (For clarity sake – we call them 9-passenger vehicles, plus a driver. In federal language they are considered vehicles designed for 10 occupants.)
The challenge in operating these nonconforming vehicles is a higher risk of rollover, loss of control, and lack of sufficient impact protection for the occupants.
Based upon these known safety risks, there is U.S. Code and federal regulations in place that prohibits the sale and use of vehicles for school transportation that are designed for more than 10 occupants, unless that vehicle meets the construction standards for a school bus.
Title 49 of the US Code, Subtitle VI, Chapter 301 addresses this.
30112(a) prohibits the sale or lease of any vehicle by schools that does not comply with the FMVSS. [These are the required design standards for school buses.] Specifically, it restricts schools from purchasing or leasing new 12- to 15-passenger vans unless these vehicles meet the safety standards that apply for school buses.
30125 defines a school bus as a passenger motor vehicle designed to carry a driver and more than 10 passengers and likely to be used significantly to transport students to or from school or related events. [Many of these vehicles have a compliance placard inside the door jamb that says “not to be used as a bus.”]
As school administrators, we have been presented with a challenging scenario. Our state legislature has adopted a law that says it is legal to use 12-passenger vans for school transportation, but there is federal law that says it is illegal for a school to purchase these for student transportation, as well as illegal for dealers to sell them for that purpose.
When presented with this conflict, at least one official has told us that “there are loopholes” that can be used to legally acquire and use a 12-passenger van for student transportation. The larger question prevails . . . is it really a good idea? The federal government has taken a clear position against the use of this size vehicle for student transportation, the national highway traffic and safety administration (NHTSA) recommends against them, and all three of the national transportation associations (NASDPTS, NAPT, and NSTA) have taken strong positions recommending the use of school bus conforming vehicles instead of “nonconforming” vans for student transportation.
We will almost certainly be seeing ODEW publish a change in rule 3301-83-19, which is required to comply with the revised law (4511.76) that becomes effective June 30, 2025. Without having seen a draft or filing of the new code, we do expect the requirement for a van driver certificate to remain as referenced in 4511.76.
Changes in that rule and Ohio law notwithstanding, please think very carefully about the vehicles that you choose to use for the transportation of school children to school and school-related activities. As school administrators, it may be wise to live by a higher standard than permitted in state law.