On July 1 New Law in Illinois Bans 15 Passenger Vans for Public and Private Schools: Vans considered unsafe

As of Thursday July 1, 2010, it will be illegal for school districts in Illinois to use 15 passenger vans to transport students.

(Click here to read full article)

On August 13, 2009, Illinois Governor Pat Quinn signed bill HB 3982 (Public Act 96-0410), which eliminates the use of passenger vans which seat over 10 passengers for interscholastic or other school sponsored non-curriculum related activities. With the passage of this legislation, Illinois is now in compliance with federal standards which eliminate vans that are considered to be unsafe.

The National Highway Traffic Safety Administration has found that these vans, when transporting 10 or more students, have a rollover rate which is three times the rate of rollovers for vans with less than five passengers. Federal regulations prohibit school districts from buying or leasing these vans, partially because, if there is a rollover accident resulting in the death or injury of students, schools are vulnerable to increased liability.

While the legislation specifically talks about school districts, Illinois has been interpreting laws regarding school buses for private schools in a way that is consistent with their application to public school districts.

This legislation does not affect passenger vans which are designed to carry 10 or fewer persons. These vans do not meet the qualifications to pick up students on a bus route or carry students to and from school.

The School Code has been amended requiring that any students under grade 12 are to be transported in a school bus or a multifunction school-activity bus (MFSAB) for any interscholastic, interscholastic athletic, or non-curriculum activity. Put simply, school buses must be equipped with the flashing lights, stop sign, and be painted yellow and black. Multifunction school-activity buses would include buses manufactured to transport 11-15 persons, including the driver, which is not designed to transport students to and from home and school bus stops.

This new law takes effect on July 1, 2010. Hopefully this will help any school in planning their students’ transportation needs for sports and academic competitions.

If your church has a 15 passenger van, it is legal to use to transport students to and from games until the end of June 2010, but consideration must be given, that if a student is injured or killed in a rollover accident, there will be additional liability for the school.

CBC: Bathurst mom happy with van review

Isabelle Hains speaks at the CUPE 1253 Annual General Meeting in Fredericton, NB, May 6, 2010.

A Bathurst mother who lost her son in a van crash in 2008 that killed eight people is pleased Transport Canada has launched a safety review of 15-passenger vans.

Click here to read full story on CBC website

"It means that they're taking it seriously, that children who travel in 15-passenger vans are not safely protected in those vehicles when there's an intrusion, or an impact, or when they're heavily loaded," Isabelle Hains said Wednesday.

Her son Daniel was one of seven high school basketball players killed when the 15-seat van they were travelling in collided with a transport truck on a snow-covered highway just outside Bathurst on Jan. 12, 2008.

The wife of the coach was also killed in the crash.

Within days of the accident, New Brunswick banned the use of the vans by schools.

Hains has been lobbying for more safety regulations for student travel since shortly after her son's death.

Federal Transportation Minister John Baird announced this week that the government will study the vans.

"Now the government is taking the initiative and an important step for children's safety in schools across Canada," Hains said.

Last month, the NDP MP for Acadie-Bathurst, Yvon Godin, introduced a private member's bill to impose a national ban on 15-passenger vans.

The vans are banned for student transport in New Brunswick, Nova Scotia and Quebec.

Hains said she hopes the safety review is done quickly, and that a national ban on the vans follows.

Click here to read full story on CBC website

Transport Canada Study of 15 passenger vans Will Change the Face of Student Transportation

No other conclusion but to ban 15 passenger vans
The 15 passenger Ford Econoline van in which seven members of the Bathurst High School Phantoms basketball team and the coach's wife were killed on January 12, 2008.

(Bathurst, NB - June 29, 2010) - An announcement by Transport Minister John Baird that the federal government will study the use of 15 passenger vans for school transportation is being called a "huge step forward that will change the face of student safety in Canada" says Isabelle Hains of Bathurst, New Brunswick.

Mrs. Hains lost her 17 year-old son Daniel in a tragic 15 passenger van collision along with six members of the Bathurst High School Phantoms basketball team and the coach's wife on January 12, 2008. Since then, Hains has become a leading advocate for changes to student transportation safety in Canada.

"I'm cautiously optimistic that the Minister will do the right thing and ban these 15 passenger vans in schools," says Mrs. Hains, who travelled to Ottawa last month to witness the introduction of Bill C-522 by her Member of Parliament Yvon Godin (Acadie-Bathurst). The Bill called for the prohibition of 15 passenger vans for student transportation.

Mrs. Hains was joined in Ottawa by Stella Gurr, a Nanaimo, British Columbia based mother whose son Michael was also killed in a 15 passenger van collision outside of Brandon, Manitoba in September, 2008.

Isabelle Hains and Stella Gurr in Ottawa, May 27, 2010.

Both Gurr and Hains say it's no secret that these vehicles are death traps, citing decades old studies from the National Highway Transportation Safety Agency in the United States that recommended 15 passenger vans be prohibited for student use. As a result, 43 US states have banned the vehicles for student transportation.

Hains says that until her son was killed, she knew nothing about the dangers of 15 passenger vans. She welcomes the proposed "awareness campaign" mentioned by Minister Baird in the announcement but cautions that there is no safe use of 15 passenger vans for human beings.

"These vehicles were designed for cargo," says Hains. "The 15 passenger van in which my son was killed was originally used to transport linen. Human beings should not be transported in 15 passenger vans."

Hains says a 2006 report from the Canadian Standards Association (CSA) also recommended 15 passenger vans be replaced with Multi Function Activity Vehicles (MFAVs) as the vehicle of choice for schools, "but to date Transport Canada has failed to act. The Minister's announcement is a welcome change in attitude that will ultimately save the lives of Canadian children." Click here to read CSA press release which reads

"The CSA D270 Multi-functional activity buses standard was initially proposed in 2006 as members of the CSA Technical Committee (TC) responsible for school buses standards began seeing non-conforming vehicles, or those not classified or tested to school bus standards, being increasingly used for the transportation of students for school related activities in Canada. Currently there are no Canadian Federal regulations pertaining specifically to new non-conforming vehicles that can carry 11 or more persons and are sold for the purpose of transporting students to or from school or school related events. Following more than a thousand accidents in 10 years, American federal requirements now regulate that such vehicles are required to meet the same federal standards as school buses."

Hains and Gurr say the results of the Transport Canada study are a foregone conclusion. "We know they're going to conclude that 15 passenger vans should not be used to transporting childen and that's not news to us or anyone who has been involved in transportation safety issues for the past twenty-five years since these vehicles were first called death traps."

The Minister also announced that the issue of 15 passenger vans will be raised at the Transport Ministers conference in Halifax in September 2010. Hains plans to be there to remind the Ministers of the terrible toll these vehicles have had on families across Canada.

"Students depend on adults to make the right decisions to keep them safe," said Hains. "We believe the Minister will make the right decision and ban these vehicles forever in schools across Canada."

- 30 -

Click here to read Transport Canada announcement

http://www.tc.gc.ca/eng/mediaroom/releases-2010-h081e-6024.htm

Knoxville Tennessee crash on weekend draws attention to safety of 15 passenger vans

Another near miss in the United States last weekend shows how dangerous use of 15 passenger vans can have dangerous results. In this case, the seven passengers were lucky; they survived.

____

A church van accident over the weekend in Hamblen County is drawing attention to the safety of 15-passenger vans.

Click here to watch video and read original article

It is an ongoing concern. In fact, federal law prohibits their use for school-related transportation.

"It can much more easily roll over and in a panic situation they won't handle like a car and people can find themselves off the road very quickly," AAA East Tennessee Spokesman Don Lindsey explained.

The big vans used to be the standard for churches because they can carry a lot of people.

But safety concerns have encouraged churches to upgrade, something one West Knoxville church did 6 years ago.

"Brotherhood insurance would no longer insure vans because of their extra danger being top heavy and not too well protected for passengers, particularly for children," Tom Akins of Cedar Springs Presbyterian Church said.

The church sold its six vans and bought two mini-buses. They accommodate 15 passengers each plus luggage, with honeycombed steel walls, dual wheels, disc brakes, seat belts, and a much lower rollover risk.

"When they're sitting down their heads are only this high," Akins said as he pointed to the top of the seats on one mini-bus. "So you can see the weight is pretty far down for a wide bus with dual wheels so there's a lot of stability."

Akins makes sure their volunteer mini-bus drivers are trained, something not all 15-passenger van drivers get.

"They are not like cars. They don't drive like cars," Lindsey said.

He's familiar with the safety issues of 15-passenger vans.

"They're taller, they're heavier, they weigh about 8,500 pounds, much heavier than a normal sedan. They can more easily roll over, they can take longer to accelerate so if you're planning on merging you have to leave plenty of room for that. They can take longer to brake," Lindsey said.

If you are using a 15-passenger van, AAA and the National Highway Traffic Safety Administration recommend seat belts for everyone, frequent tire pressure checks, and seating people forward of the rear axle.

At Cedar Springs Presbyterian, the remaining 15-passenger van mostly stays parked.

"The one we have left is used as a warehouse for traffic cones," Akins said with a laugh.

Another safety tip for all church buses has to do with tires. They may not show wear if they're not driven that often, but should be replaced after 6 years anyway to avoid tire disintegration.

Safety review of 15-passenger vans begins: 'Deadly' vehicles involved in hundreds of deaths

A 15 passenger Ford Econoline Van like the one used by the Bathurst High School Phantoms Basketball team on the night of January 12, 2008.

The federal government has launched a safety review of 15-passenger vans, such as the one that seven students and a teacher in New Brunswick were travelling in when they were killed in January 2008.

Read more: http://www.cbc.ca/canada/windsor/story/2010/06/28/con-15-passenger-vans.html#ixzz0sCVumcrO

The vans are popular transportation for school boards, sports teams and daycare centres, even though they have a dismal safety record.

Several jurisdictions in Canada and the United States have already conducted safety reviews and found the vans inappropriate for carrying large groups of students.

According to the U.S. National Transportation Safety Board, 1,100 people in the U.S. were killed in single-vehicle rollovers involving the vans between 1992 and 2002.

Reviews found the vans were three times more likely to roll over than any other vehicle.

In the most recent Canadian incident, 13 people were taken to hospital when a 15-passenger van went into a ditch and hit an embankment near Mossbank, Sask., in May.

Coroners declare van 'dangerous'

Last year, a coroner's inquest in British Columbia looked into a March 2007 crash on the Trans-Canada Highway at Abbotsford that resulted in the deaths of three women. .

The coroner's jury recommended that 15-passenger vans be classified as high-risk vehicles.

Following the New Brunswick crash, a coroner's inquest recommended the vans be banned from transporting students to school and to after-school activities.


'The Government of Canada is taking an important step today to improve the safety of field and sports trips across the country'—John Baird, Transportation Minister

Only Quebec, New Brunswick and Nova Scotia followed up on the recommendation.

Experts say the weight of passengers and luggage in the back of the vans places the centre of gravity too far back and too high, making the vehicles difficult to control.

A study by the U.S. National Transportation Safety Board concluded the stability of the vans decrease when fully loaded.

The board recommended that the vans only be driven by trained, experienced drivers who have additional training.

In announcing the review, Canada's Transportation Minister John Baird said part of the goal is to increase awareness of passenger safety among school boards.

"Extracurricular school activities are part of the fabric of Canadian society, and the Government of Canada is taking an important step today to improve the safety of field and sports trips across the country," he said.

As part of the safety review the federal government will consult with provincial and territorial governments on improving 15-passenger van safety.

The review will also assess another category of vehicles called multi-function activity buses.

"By launching this review, we can determine the best safety options for students during their trips and help to prevent tragedies on our roads," Baird said.

In May, the MP for the riding where members of the N.B. sports team died introduced a private member's bill to impose a national ban on 15-passenger vans.

Yvon Godin proposed changes to the Criminal Code, which would make it an offence to transport students in vans with more than 10 and fewer than 17 seats.

"There's a problem with that machine and that machine should be removed," Godin said in an interview with CBC News.

He said he's pleased the review is being carried out and is already working with Transport Canada on safety issues.

But he said problems with 15-passenger vans have been well known for some time.

"The clock is ticking and if an accident happens in-between … so why didn't we move faster? I hope the government makes a switch very fast to amend the use of those vans."

The issue will be discussed at a meeting of federal, provincial and territorial ministers in Halifax in September.

Read more: http://www.cbc.ca/canada/windsor/story/2010/06/28/con-15-passenger-vans.html#ixzz0sCVumcrO

Safety review of 15-passenger vans begins 'Deadly' vehicles involved in hundreds of deaths

The federal government has launched a safety review of 15-passenger vans, such as the one that seven students and a teacher in New Brunswick were travelling in when they were killed in January 2008.

Read more: http://www.cbc.ca/canada/windsor/story/2010/06/28/con-15-passenger-vans.html#ixzz0sCVcs7oH


The vans are popular transportation for school boards, sports teams and daycare centres, even though they have a dismal safety record.

Several jurisdictions in Canada and the United States have already conducted safety reviews and found the vans inappropriate for carrying large groups of students.

According to the U.S. National Transportation Safety Board, 1,100 people in the U.S. were killed in single-vehicle rollovers involving the vans between 1992 and 2002.

Reviews found the vans were three times more likely to roll over than any other vehicle.

In the most recent Canadian incident, 13 people were taken to hospital when a 15-passenger van went into a ditch and hit an embankment near Mossbank, Sask., in May.
Coroners declare van 'dangerous'

Last year, a coroner's inquest in British Columbia looked into a March 2007 crash on the Trans-Canada Highway at Abbotsford that resulted in the deaths of three women. .

The coroner's jury recommended that 15-passenger vans be classified as high-risk vehicles.

Following the New Brunswick crash, a coroner's inquest recommended the vans be banned from transporting students to school and to after-school activities.

'The Government of Canada is taking an important step today to improve the safety of field and sports trips across the country'—John Baird, Transportation Minister

Only Quebec, New Brunswick and Nova Scotia followed up on the recommendation.

Experts say the weight of passengers and luggage in the back of the vans places the centre of gravity too far back and too high, making the vehicles difficult to control.

A study by the U.S. National Transportation Safety Board concluded the stability of the vans decrease when fully loaded.

The board recommended that the vans only be driven by trained, experienced drivers who have additional training.

In announcing the review, Canada's Transportation Minister John Baird said part of the goal is to increase awareness of passenger safety among school boards.

"Extracurricular school activities are part of the fabric of Canadian society, and the Government of Canada is taking an important step today to improve the safety of field and sports trips across the country," he said.

As part of the safety review the federal government will consult with provincial and territorial governments on improving 15-passenger van safety.

The review will also assess another category of vehicles called multi-function activity buses.

"By launching this review, we can determine the best safety options for students during their trips and help to prevent tragedies on our roads," Baird said.

In May, the MP for the riding where members of the N.B. sports team died introduced a private member's bill to impose a national ban on 15-passenger vans.

Yvon Godin proposed changes to the Criminal Code, which would make it an offence to transport students in vans with more than 10 and fewer than 17 seats.

"There's a problem with that machine and that machine should be removed," Godin said in an interview with CBC News.

He said he's pleased the review is being carried out and is already working with Transport Canada on safety issues.

But he said problems with 15-passenger vans have been well known for some time.

"The clock is ticking and if an accident happens in-between … so why didn't we move faster? I hope the government makes a switch very fast to amend the use of those vans."

The issue will be discussed at a meeting of federal, provincial and territorial ministers in Halifax in September.

Read more: http://www.cbc.ca/canada/windsor/story/2010/06/28/con-15-passenger-vans.html#ixzz0sCVumcrO

Government of Canada launches a safety review of vans used for student transportation

OTTAWA — Canada’s Transport Minister John Baird today announced a review of the safety standards applicable to 15-passenger vans, a move that will increase awareness of passenger safety among school board authorities.

“Extracurricular school activities are part of the fabric of Canadian society, and the Government of Canada is taking an important step today to improve the safety of field and sports trips across the country,” said Baird. “By launching this review, we can determine the best safety options for students during their trips and help to prevent tragedies on our roads.”

This safety review will include:

* consultation with provincial and territorial governments;
* an assessment of the safety and stability of extracurricular activity vehicles, including 15-passenger vans and another category called multi-function activity buses; and
* brake testing and testing to determine the vehicle rollover threshold.

As part of the consultation, the Government of Canada will seek input from provinces and territories on improving 15-passenger van safety. The issue will be discussed at the Council of Ministers meeting in September 2010 in Halifax, which will bring together the provincial, territorial and federal governments.

The provinces and territories, which share in the responsibility for road safety, regulate the use of vehicles used within their jurisdictions for school and sports activities.

Upon completion of the review, Transport Canada will undertake a safety awareness campaign to heighten knowledge of the safe use of 15-passenger vans.

Transport Canada will continue to work with its provincial and territorial partners, and manufacturers, along with New Brunswick Member of Parliament Yvon Godin who has proposed legislation on the issue, to improve the safety of all vehicles in Canada.

– 30 –

Click here for Transport Canada website

James Kusie
Director of Issues Management and
Parliamentary Affairs
Office of Canada's Transport Minister
John Baird, Ottawa
613-991-0700

Media Relations
Transport Canada, Ottawa
613-993-0055

Top Secret? Education Minister, Roland Hache, forces Right to Information Request instead of handing over info: What are they afraid of?

New Brunswick Minister of Education Roland Hache has refused a request for information about the apparently "top secret" driver education training program that the government has developed despite a Coroner's Jury recommendation for "nothing less" than trained Class 2 yellow school bus drivers behind the wheels of MFAVs.

In April we wrote to the New Brunswick Minister of Education, Roland Hache, requesting a meeting with him to discuss the implementation of Recommendation 6 of the Coroners Inquest into the death of our sons. Click here to read April 15, 2010 letter to Minister Hache.

We also asked for details on the New Brunswick government sponsored driver training program for volunteers who offered to drive the 21 and 24 passenger Multi Function Activity Vehicles.

We received a response from the Minister on May 14 telling us in no uncertain terms that he didn't think he had to discuss the Coroners Inquest recommendation and that if we wanted to know anything about the volunteer driver training program, we'd have to make a Right To Information Request. Click here to read Minister Hache's letter dated May 14, 2010.

What is it about the volunteer driver training program that the minister is afraid to share with the public?

Could it be that the public will find out that it's cheaper to use Class 2 Bus drivers who are already trained to drive Yellow School Buses than it is to run this new driver training program for volunteer mothers and fathers, coaches and teachers who believe they are doing their schools a favour when they offer to drive these MFAVS for free?

We'd like to know, and we're going to find out, rest assured! Maybe then, the minister will find out it is "necessary" to talk to us.

Letter to Minister of Education, Roland Hache, requesting meeting to discuss Coroners Inquest Recommendation for Bus Drivers

New Brunswick Minister of Education Roland Hache and his Director of Communications, Valerie Kilfoil were at a meeting in Bathurst on July 23, 2009 at which they released the response of the Province of New Brunswick to the Coroners Jury recommendations, one of which called for "Nothing less" than "qualified, class 2 yellow school bus drivers" behind the wheels of MFAVs. The government chose to ignore the recommendation.

April 15, 2010

Minister Roland Hache
691 Principale St
Petit- Rocher, N.B.
E8J 1G1

Original sent under separate cover

Hon. Roland Hache:

Re: Meeting to discuss Coroners Inquest Recommendation #6.

We are writing to request a meeting with you at your constituency office in Petit-Rocher or at your office in Fredericton to discuss the implementation of recommendation #6 of the Coroners Inquest into the death of our sons Daniel Hains, Javier Acevedo, and Nikki Kelly. We will be in Fredericton May 6-7 and can meet with you at your convenience on either of these two days.

Recommendation #6 from the Coroners Inquest reads: Nothing less than a qualified, class 2 yellow school bus drivers with endorsements B (valid for school buses) and E (valid for air brakes) for all student travel to off-site extra-curricular events. Teachers, coaches and parents as well as volunteers should not be driving children to off-site extra-curricular activities.

If you recall, two months after the Inquest on July 23, 2009 you and Valerie Kilfoil met with the parents at the Atlantic Host to discuss the government response to the Coroners Jury recommendations. At the time, you released a document, which listed the government's response in point form. Here is the response to recommendation #6.

"The coaches, teachers, principals and DEC members who attended the recent forum, told us that it is neither feasible nor necessary to use a bus driver for all student travel."

We would like to know who were the coaches, teachers, principals and DEC members in attendance at this forum? Were any of the people in attendance professional drivers who are qualified to make decisions about Class 2 Drivers?

We are also writing to request answers to the following four questions about the volunteer driver-training program that was implemented by the Department of Transportation following last year's Inquest. If you believe this should be a Right to Information request, please advise.

1. How much did it cost to develop the driver-training program for the MFAVs - that's total costs, from curriculum development, instruction, expenses and per diems for the instructor who has to travel to the different areas of the province to teach the course.

2. How many people do you expect to take the course again next year?

3. How many people took the course this year in the entire province broke down by district.

4.How many trips did all trained drivers take with all 14 MFAVs and the average duration of hours?

Thank you very much for your attention to this letter and we hope to hear from you soon regarding these requests.

Yours sincerely,


Isabelle Hains
Ana Acevedo
Marcella Kelly



cc Minister John Foran Department of Public Safety

cc Minister Denis Landry Department of Transportation

Response from NB Minister of Education, Roland Hache, to request for meeting on Recommendaiton 6 and information about driver training program

New Brunswick Minister of Education Roland Hache has refused a request to share information on the costs of the provincial driver training program that trains volunteer mothers, fathers, coaches, teachers and others to drive MFAVs transporting students to extra-curricular events, in complete contradiction to the Coroners Jury recommendation #6 which called for "nothing less" than "qualified, class 2 yellow school bus drivers" behind the wheels of MFAVs.

Sent: Friday, May 14, 2010 9:02 AM
Subject: Recommendation #6 from the Coroner's Inquest


Dear Mrs. Hains, Mrs. Acevedo and Mrs. Kelly:

I am writing in response to your email of April 15, 2010 in which you raised the issue of the Department of Education position with regards to Recommendation #6 from the Coroner’s Inquest and also raised questions about the driver training program.

As you know, coaches, teachers, principals and DEC members who attended the Minister’s Forum advised that it is neither feasible nor necessary to use a school bus driver for all extra-curricular travel. This continues to be our position and I do not consider it necessary to meet with you at this time to further discuss this issue.

With regards to your questions about driver training, these are more appropriately dealt with under the Right to Information Act.

Sincerely,


(original signed)

Roland Haché
Minister

cc. Honourable John Foran , Minister of Public Safety
Honourable Denis Landry, Minister of Transportation

Dangerous Use of 15 Passenger Vans, a presentation by national safety advocate, Bryan Murphy, in Bathurst, NB, June 15, 2010.

Part One



Part Two



Part Three



Part Four

Isabelle Hains gives closing remarks at safety event in Bathurst, June 15, 2010

Delalene Harris Foran of CUPE 1253 Speaks about Yellow School Bus Driver Qualifications

Who would you prefer to have behind the wheel of the provincial fleet of 14 Multi Function Activity Vehicles? A trained, skilled, yellow school bus driver or a teacher, parent or volunteer with a seven hour training course, four of which is behind a computer.

Delalene Harris Foran, President CUPE 1253, makes a short presentation on the qualifications of Class 2 Yellow School Bus Drivers at a public event on Safe Transportation for Students, June 15, 2010, in Bathurst, NB.

Telegraph Journal: Safety advocate backs ban of 15-passenger vans

Safety advocate Bryan Murphy at the Boys in Red memorial on Highway 8 near Bathurst, NB, June 15, 2010. Photo by Melynda Jarratt.

Published Wednesday June 16th, 2010, Page A5

Transportation: Bathurst MP's bill calling for prohibition of vehicles supported

by Benjamin Shingler Telegraph-Journal

Click here to read original article in the Telegraph Journal on line

BATHURST - A safety advocate who lobbied successfully for the banning of 15-passenger vans in a British Columbia town is now calling on the Harper government to impose a countrywide ban on transporting students in the vehicles.

Bryan Murphy, a mechanic, school bus driver and union representative, says it's imperative for the safety of Canada's children that the vans be outlawed for school use.

"I've come to realize, based on the number of accidents and the research that I've done, it's shown me that these vehicles aren't safe," Murphy said in an interview on Tuesday in Bathurst.

Murphy was in the city to lend his support to people in the community who are pushing for further changes to make transportation safer for students.
Last month, Murphy joined Isabelle Hains in Ottawa to lobby for Acadie-Bathurst MP Yvon Godin's private member's Bill C-522, which would prohibit the use of 15-passenger vans for transporting students in Canada.

Hains' son, Daniel, was a member of the Bathurst High School basketball team who was killed when the team's 15-passenger van swerved on the highway and collided with a transport truck.

New Brunswick has since banned the vans for students.

Godin's bill proposes a change to the Criminal Code that would make it an offence to transport students in vans with more than 10 seats and fewer than 17 seats.
"We're really hopeful that the Conservative government will take action on the bill," Murphy said.

Murphy was a consultant to the B.C. coroner's inquest into the 2007 deaths of three farm workers who were killed when the driver of their overloaded 15-passenger van lost control of the vehicle and hit a highway divider.

He also lobbied successfuly for the banning of 15-passenger vans in Cowichan, British Columbia.

Murphy believes Transport Canada is fully aware of the safety pitfalls of the vehicles, but continues to delay on the issue.

In recent years, the United States National Highway Traffic Safety Administration has issued numerous safety warnings about the vans, which are now banned for the transporting of children in 43 American states. The United States government also prohibits the sale of the vans to schools and daycares.

Only three provinces in Canada have banned the use of 15-passenger vans for student transportation. Nova Scotia stopped using the vehicles in 1986 after two accidents resulted in the deaths of students. New Brunswick banned their use following the Bathurst tragedy. Quebec took the initiative in the summer of 2008 and will not allow 15-passenger vans to be used by schools.

Ultimately, Murphy wants the vans to be banned from transporting all groups of people.

"Preschool, daycare, senior citizens "¦ Why does one group have more value more than the other?"

Click here to read original article in the Telegraph Journal on line

Bryan Murphy On The Tom Young Show at 2:30 pm, June 15

Bryan Murphy (center), Yvon Godin, MP Acadie Bathurst, and Isabelle Hains at the National Press Theatre in Ottawa, Ontario, May 27, 2010.


National safety advocate Bryan Murphy will appear on the Tom Young Show, 88.9 at 2:30 pm on Tuesday, June 15 to discuss his presentation in Bathurst on the dangers of 15 passenger vans for student transportation.

Click here to listen to the Tom Young Show on 88.9 FM.

Tom Young is a "newsman's newsman," a leading talk show host and journalist in New Brunswick for more than three decades. Each weekday on, the Afternoon News with Tom Young, from 12-3 p.m., Tom navigates listeners through to the real issues and concerns facing Maritimers today.

Interview with Bryan Murphy on Bathurst radio MAX 104.9

Bryan Murphy speaks to the press at the National Press Theatre, Ottawa, Ontario, May 27, 2010.

Activist Visits Bathurst to Help Ban 15 Passenger Vans Nationally

•Play Audio >>

Bryan Murphy, a union activist and safety advocate who lobbied successfully for the banning of 15-passenger vans in British Columbia will be in Bathurst tomorrow (6:30 at the Royal Canadian Legion. No fee for entry) for a presentation on the safe transportation of students. MAX 104.9's Chris Grant sat caught up with Bryan in anticipation of his visit...

•Play Audio >>

BC Safety Expêrt Will Speak in Bathurst, NB June 15

Click to download poster.

Sample Letter of Support for Bill C-522 to Federal Minister of Transport, Hon John Baird MP

You can copy and send this letter of support for Bill C-522 and mail it, POSTAGE FREE, to Hon. John Baird, the Minister of Transport. Or you can write your own letter of support for Bill C-522, a Bill to prohibit the use of 15 passenger vans for student transport across Canada.

Click here to download an English or French letter in Microsoft Word format.

_______ Sample Letter of Support English _____

Hon. John Baird
Minister of Transport, Infrastructure and Communities
House of Commons
Parliament Buildings
Ottawa, Ontario
Canada
K1A 0A6

June 15, 2010

Hon. Mr. John Baird:

I am writing to ask for your support for Bill C-522, an Act to prohibit the use of 15 passenger vans for student transportation.

On May 27, 2010, Yvon Godin, Member of Parliament for Acadie Bathurst, introduced Bill C-522 “The Boys in Red Bill” in the House of Commons. The Bill is named in honour of seven high school basketball players from Bathurst, New Brunswick who were killed on January 12, 2008 in a 15 passenger van collision while on their way home from a game in Moncton.

Nova Scotia banned 15 passenger vans for transporting students following two fatal collisions involving students in 1986. New Brunswick banned the vehicles in 2008 after the Bathurst tragedy and Quebec also prohibited their use for student transportation in July 2008.

In 2006, 2007 and again, in August 2008, the Canadian Standards Association (CSA) recommended a new standard in student transportation, the 21 passenger Multi Function Activity Vehicle (MFAV aka “minibus”). But Transport Canada has failed to act on the CSA recommendations, leaving it up to the provinces and school districts to decide what type of vehicles to use. The result is a patchwork of regulations and policies across the country prohibiting the use of 15 passenger vans for student transport.

In comparison, 43 American states have banned these vehicles for transporting students, heeding an advisory by the US based National Highway Traffic Safety Administration (NHTSA) which recommended that these vehicles should not be used for transporting students.

We are therefore writing to request your support for Mr. Godin’s Bill C-522. Failing that, we are asking you as the Minister of Transport to introduce similar legislation to ban 15 passenger vans for student use across Canada as soon as possible.

Yours sincerely,



Name
Address
City, Province
Postal Code

_____________________ Français __________


Honorable John Baird
Ministre des Transports, de l’Infrastructure et des Collectivités
Chambre des Communes
Parlement canadien
Ottawa, Ontario
Canada
K1A OA6

le 15 juin 2010

Honorable John Baird,

Je vous écrit aujourd’hui afin d’obtenir votre support concerant le projet de loi C-522, une loi visant à interdire l’usage de camionnettes (15 passagers) tranportant les étudiants qui fréquentent les écoles du Canada.

Le 27 mai 2010, Yvon Godin, Membre du Parlement pour Acadie-Bathurst, a deposé le projet de loi C-522 “Boys in Red” à la Chambre des Communes. Ce projet de loi, en l’ honneur des sept joueurs de Basketball du secondaire à Bathurst, Nouveau-Brunswick qui ont trouvé la mort le 12 janvier 2008 dans une collision à bord d’une camionnette (15 passengers) alors qu’ils revenaient à la maison après une patie disputée à Moncton.

La Nouvelle-Écosse a banni l’utilisation de ces camionnettes (15 passengers) à la suite de deux collisions fatales causant la mort de deux étudiants en 1986. La province du Nouveau-Brunswick a banni ces véhicules en 2008 après la tragédie survenue à Bathurst et le Québec a aussi interdit l’usage de ce mode de transport pour leurs étudiants en juillet 2008.

En 2006, 2007 et encore, en août 2008, l’Association de normalisation canadienne (CSA) a recommandé une nouvelle norme pour le transport des étudiants, le véhicule d’activité à fonctions multiples, 21 passengers, (MFAV i.e minibus). Cependant, Transports Canada a failli à son devoir et n’a pas agi en regard de cette recommandation de la CSA, laissant les provinces et les districts scolaires décider du type de véhicule à utiliser. Le résultat est un enchevêtrement de règles et de politiques à la grandeur du pays quant à l’utilisation de camionnette (15 passengers) pour le transport des étudiants.

En comparaison, 43 États américains ont banni ces véhicules pour le transport des étudiants, à la suite d’ une consultation de la US National Highway Traffic Safety Administration (NHTSA) qui a recommandé que ces véhicules ne soient plus utilisés pour le transport des étudiants.

Par conséquent, nous vous écrivons pour que vous nous accordiez votre support pour le projet de loi de Monsieur Godin. S’il ne vous est pas possible d’optempérer à la présente demande, nous vous demandons, a titre de Ministre des Transports, de déposer un projet de loi similaire pour bannir ces camionnettes (15 passengers) en usage pour les étudiants à la grandeur du Canada le plus tôt possible.

Veuillez accepter, Honorable John Baird, nos sincères salutations.


Nom
Adresse
Ville, Province
Code Postal

Another MP Supports 15 Passenger Van Ban: Three out of 10 provinces have already banned vans

Nanaimo-Cowichan MP Jean Crowder has joined the fight to ban 15-passenger vans, which have been outlawed for school use in several provinces but not B.C.

Crowder will push for ban on 15-seat passenger vans

Nanaimo-Cowichan NDP MP says vehicles should be outlawed after several tragedies

Danielle Bell, The Daily News

Nanaimo-Cowichan MP Jean Crowder has joined the fight to ban 15-passenger vans, which have been outlawed for school use in several provinces but not B.C.

Stella Gurr of Nanaimo lost her 26-year-old son Michael in a rollover crash while riding in a 15-passenger van in Manitoba in 2008. The same year, seven students and one teacher were killed in a 15-passenger van crash in Bathurst, N.B. Crowder has pledged her support for bill C-522, which will ban the use of 15-passenger vans for transporting school children.

Nova Scotia and New Brunswick, as well as more than 40 American states, have already outlawed the vans, which some safety experts have referred to as "death traps."

"It makes you wonder why Canada has not stepped up on this," said Crowder from Ottawa. "Cargo vans are one thing but for human transportation?"

Crowder is in Ottawa, where the bill has had its first reading, which she seconded. There she met Gurr, who travelled to the Canadian capital late last month for the introduction of the private member's bill by Acadie-Bathhurst NDP MP Yvon Godin.

A coroner's inquest following the Bathurst tragedy recommended such vans be banned across Canada for student travel. Research has suggested the vans, originally designed to carry cargo, lack passenger protections, have a high centre of gravity and are prone to rollovers.

Gurr earlier said she believes that if the vans been properly licensed and regulated, her son would be alive today.

Crowder plans to continue the campaign. It's a fight that Gurr and Nanaimo vehicle inspector and school bus mechanic Bryan Murphy have also taken on.

When the bill will undergo a second reading is not known. Nanaimo-Alberni MP James Lunney was not immediately available for comment.

DBell@nanaimodailynews.com

2001 Audit of New Brunswick Department of Education Student Transportation Found Many Problems with Extra Curricular Activity Vehicle Monitoring

A 15 passenger Ford Econoline Van like the one used by the Bathurst High School Phantoms Basketball team on the night of January 12, 2008.

"While we were pleased in our audit to note these guidelines were developed, we found that the Department does not in any way ensure these guidelines are indeed implemented." Excerpt from the 2001 Audit of the New Brunswick Department of Education. Click here to read report online at the NB Department of Education website.

As early as 2001, the New Brunswick Department of Education was audited by the Auditor General and there were many problems found with the maintenance and monitoring of extra curricular activity vehicles owned by the Student Council, as well as vehicles driven by volunteers and parents.

Here is an excerpt from the Audit, which can be found on line at http://www.gnb.ca/oag-bvg/2001/chap3e.txt

Student council owned vehicles

3.300 During our audit it came to our attention that various schools in the Province have student council owned vehicles. These are vans or cars that the student councils own and operate for the purpose of transporting students to and from various school related activities. In some cases local service organizations have donated vehicles, and in some cases student council has raised the funds and purchased them. Both new and used vehicles can be acquired in this fashion. We noted one vehicle was as old as a 1988 model year.

3.301 During our discussions with Department officials we discovered some confusion over responsibility for these vehicles. Officials we interviewed admitted to us concern over this area. In some respects, no one is sure who would be held accountable if anything were to go wrong. Department officials we interviewed were unable to determine for us if student councils are a part of the Department of Education or a separate entity. We would encourage the Department to verify this issue. If student councils are indeed a part of the Department of Education, any vehicles owned and operated by the student council would in reality be the responsibility of the Department.

3.302 In keeping with safety concerns, the Department developed a document called “Provincial Guidelines–Student Council Vehicles”. While not strict policy, these guidelines were forwarded to all principals for their use. The guidebook contains various suggestions for acquiring vehicles, registration/licensing, vehicle operation and maintenance, driver qualifications and training, liability and insurance coverage.

Seven years after this audit of the New Brunswick Department of Education's student transportation was released, the guidelines and policies were still not being followed.

3.303 While we were pleased in our audit to note these guidelines were developed, we found that the Department does not in any way ensure these guidelines are indeed implemented.

3.304 The Department does not monitor the condition or maintenance of these vehicles. Motor vehicle inspection, maintenance, replacement of tires, etc. is left up to the student council or an assigned teacher. Though we did not audit the servicing aspect of these vehicles, most principals informed us that a Physical Education teacher or another assigned teacher usually “looks after that”. We were told that teachers and principals are signing the vehicle registration.

3.305 The Motor Vehicle Act requires drivers of vans of more than ten passengers to obtain a class 4 license. For all other passenger vans and cars, a regular class 5 license is required. The Department does not monitor the validity of licenses of drivers of these vehicles. They informed us it would be up to the individual school principal to do this. One principal we spoke with informed us they had three licensed drivers and was indeed able to produce copies of valid licenses kept in their files. Another principal we spoke to wasn’t clear on who was authorized to drive their student council owned vehicles, or what licenses they were required to have.

3.306 The guidelines produced by the Department state that drivers must possess basic defensive driving skills and shall be trained in emergency first aid. While the Department informed us it encourages drivers of student council vehicles to obtain some training in these areas, it is not mandatory. While we did not audit this aspect of training, the Department admitted to us they are “quite sure” no training has been done. The Department informed us they would like to consider making a defensive driver training course mandatory, but again haven’t brought this to fruition yet.

Recommendations

3.307 We recommended that the Department establish responsibility for student council owned vehicles.

3.308 We recommended that the Department ensure drivers of student council owned vehicles are following the guidelines provided by the Department.

3.309 We recommended that the Department monitor the number, types, age, and condition of student council owned vehicles to ensure the safety of this mode of transportation.

3.310 We recommended that the Department consider an appropriate form of driver training for drivers of student council owned vehicles.

Departmental response

3.311 In February 2000, the Department published a series of guidelines for the use of student council vehicles. The guidelines were the results of discussions with two ad-hoc committees (English and French) composed of school principals, school districts student services coordinators, physical education teachers and department staff. Copies of the guidelines were provided to all middle and high schools across the Province. Following the publication of those guidelines and feedback the Department is now developing a formal policy on these issues. This policy will be finalized during the 2001-2002 school year and will establish minimum training for the drivers of those vehicles and set safety standards.

Parent and volunteer owned vehicles

3.312 Given the fiscal constraints of Government today, the use of parent and volunteer owned vehicles to transport students to and from school has increased over the last number of years. The Department informs us that parents and volunteers are invaluable in transporting students to and from various field trips and sporting activities.

3.313 Similarly to student council owned vehicles, the Department developed some guidelines for parent and volunteer owned vehicles. The guidelines were meant to assist school administrators in this endeavour. Guidelines are provided on qualifications of drivers, drivers license requirements, basic safety rules, pre-trip inspection check list, etc.

3.314 These guidelines are on a page at the back of the student council owned vehicle guidelines. Because of this, principals we interviewed were often not aware of these particular guidelines. Principals from schools with no student council owned vehicles informed us they filed the document in a drawer, thinking it was not pertinent to them. They were not aware of the guidelines available for parent/volunteer drivers. While we do not wish to deter volunteer drivers from assisting in this manner, we would encourage the Department to provide drivers with the guidelines and a copy of Policy 701 (Pupil Protection Policy).

Recommendations

3.315 We recommended that the Department ensure all parent/volunteer drivers are provided with Policy 701.

3.316 We recommended that the Department ensure parent/volunteer drivers are provided with guidelines as developed by the Department.

Departmental response

3.317 A process will be developed to ensure parents/volunteers are made aware of Policy 701.

3.318 Guidelines for parent/volunteer drivers will be included in the formal policy on the use of vehicles for student council activities scheduled for release during the 2001-02 school year.

Patchwork Quilt of 15 Passenger Van Use in Saskatchewan

The Bathurst High School Phantoms 15 passenger van, January 12, 2008. On May 5, a 15 passenger van carrying 12 high school hockey players and two teachers from Ecole Secondaire College Mathieu in Gravelbourg slid off Highway 2 and into the ditch. Fortunately, nobody was injured. In the aftermath of the accident, the District said it was going to review its policies regarding the use of 15 passenger vans. Photo by Sandor Fizli

Saskatchewan Government Won't Ban Vans

The Saskatchewan government leaves the decision on 15 passenger van use up to each school district.


Audrey Roadhouse, Saskatchewan's deputy minister of education, said the province is not considering a ban and noted that few divisions use the vehicles any more.

Celeste York, director of education for Saskatchewan's Holy Trinity School Division, said her division tries to use its van within Moose Jaw, but it is sometimes driven outside of city limits. The division is considering purchasing a vehicle to replace the van.

Neither the Regina Public nor Prairie South divisions use 15-passenger vans, but will use 12-passenger vehicles, while the Prairie Valley School division does not use vans for transport at all.

The Good Spirit School Division follows the same regulations as the Conseil des ecoles fransaskoise and Holy Trinity. The Regina Catholic board will only allow 15-passenger vans to be used within city limits.

Saskatchewan School Van Accident: Did they learn anything at all from Boys in Red Tragedy??

On May 5, a 15-passenger van carrying 12 students and two teachers from Ecole Secondaire College Mathieu in Gravelbourg slid off Highway 2 and into the ditch. The Conseil des ecoles fransaskoise (CEF), the board that oversees the Gravelbourg school, are to decide on the future of 15-passenger vans within the district. Photograph by: Bryan Schlosser, Leader-Post files

Sask. school division reviews controversial vans after accident

Click here to read original article in the Regina Leader Post

By Tim Switzer, Regina Leader-Post May 14, 2010


REGINA — An accident last week involving a 15-passenger van carrying high-school students might prompt some Saskatchewan school divisions to take another look at their policies regarding the vehicles, but those that still use them aren't rushing to make changes.

On May 5, a 15-passenger van carrying 12 students and two teachers from Ecole Secondaire College Mathieu in Gravelbourg, Sask., slid off the highway and into the ditch.

While no major injuries resulted from the crash, it served as a reminder of the potential dangers many school divisions across the country have tried to protect against in recent years.

Use of the vans by school groups first drew national attention in 2008 when seven members of a New Brunswick high school basketball team were killed when their 15-passenger van collided with a transport truck.

The vans have since been banned in New Brunswick, Nova Scotia and Quebec, but the Saskatchewan government has left it up to each school division to make its own policy.

Across southern Saskatchewan, policies vary between divisions.

Officials from the Conseil des ecoles fransaskoise, the board that oversees Saskatchewan's French-language schools, including the Gravelbourg school, are still gathering information from the accident before they make a decision on the future of 15-passenger vans within the division.

The board allows the vans to be used, but drivers undergo extensive training before getting behind the wheel.

Bernard Roy, director of education for the board, plans to present accident information at a meeting on May 31, after which the board might choose to change the policy. So far, however, Roy has not received any feedback suggesting that something needs to change.

"I don't know if we are in the same situation with other cars or buses . . . if something would have happened, we don't know," he said. "It's hard to say if (it happened) just because it was a 15-passenger or a situation with the road or wind or ice. We don't know."

Audrey Roadhouse, Saskatchewan's deputy minister of education, said the province is not considering a ban and noted that few divisions use the vehicles any more.

Celeste York, director of education for Saskatchewan's Holy Trinity School Division, said her division tries to use its van within Moose Jaw, but it is sometimes driven outside of city limits. The division is considering purchasing a vehicle to replace the van.

Neither the Regina Public nor Prairie South divisions use 15-passenger vans, but will use 12-passenger vehicles, while the Prairie Valley School division does not use vans for transport at all.

The Good Spirit School Division follows the same regulations as the Conseil des ecoles fransaskoise and Holy Trinity. The Regina Catholic board will only allow 15-passenger vans to be used within city limits.

tswitzer@leaderpost.canwest.com
© Copyright (c) Canwest News Service

Click here to read original article in the Regina Leader Post

Public Presentation in Bathurst on Safe Transportation for Students by Safety Advocate Bryan Murphy of Nanaimo, BC on June 15

Click here to download poster

National Safety Advocate To Speak in Bathurst on School Transportation Safety

Bryan Murphy is a British Columbia-based safety advocate, mechanic and school bus driver who is considered an expert on the issue of safe transportation for students. Photograph by: Don MacKinnon, For Canwest News Service

(Bathurst, NB - June 7, 2010) - A British Columbia based union activist and safety advocate who lobbied successfuly for the banning of 15 passenger vans in Cowichan, BC will be in Bathurst on June 15 to deliver a presentation on safe transportation for students.

Bryan Murphy is a mechanic, school bus driver and Treasurer of CUPE 606 (Nanaimo) who speaks frequently in the national media on the issue of student transportation safety. He will give a free public presentation called "Safe Transportation for Students" at 6:30 pm, Tuesday, June 15 at the Royal Canadian Legion, 575 St. Peter Ave., Bathurst.

Mr. Murphy was a consultant to the BC Coroners Inquest into the 2007 deaths of three farm workers who were killed when the driver of their overloaded 15 passenger van lost control of the vehicle and hit a highway divider.

In New Brunswick, a Coroners Inquest into the 2008 deaths of seven members of the Bathurst High school Phantoms Basketball team and the coach's wife called for the banning of 15 passenger vans for use in transporting students across Canada.

Two weeks ago, on May 27, Mr. Murphy appeared alongside Isabelle Hains of Bathurst, Delalene Harris Foran (President, CUPE 1253) of Miramichi, and Yvon Godin, Member of Parliament for Acadie Bathurst at a National Press Theatre press conference in Ottawa announcing the introduction of Bill C-522, "The Boys in Red Bill". The bill would prohibit the use of 15 passenger vans for transporting students in Canada.


Bryan Murphy demonstrates the safety features of school buses at the National Press Theatre, Ottawa, Ontario, May 27, 2010. Left to right: Yvon Godin, MP Acadie Bathurst, Bryan Murphy and Isabelle Hains, Bathurst. Photo: Melynda Jarratt

As recently as last week Mr. Murphy provided his expert opinion to the Federal Minister of Transport, John Baird, on the banning of these vehicles.

A 2009 Canwest News Service investigation called "Precious Cargo" found that more than half of the school districts in B.C., and many others across Canada, use the vans to transport children to extracurricular events (Click here to read report "Precious Cargo" by investigative journalist Richard Foot http://www.canada.com/news/precious-cargo/index.html ).

15 passenger vans were originally designed as cargo vehicles and they lack the passenger protections, such as reinforced steel frames and laminated side windows, common on many other vehicles, particularly school buses.

The Canwest report found that 15 passenger vans also have a high centre of gravity and are more prone to rollovers than any other vehicle on the road, according to the U.S. National Highway Traffic Safety Administration.

In recent years NHTSA has issued numerous safety warnings about the vans, which are now banned for the transport of children in 43 U.S. states. The U.S. government also prohibits the sale of the vans to schools and daycares.

Click here to download poster

Quebec didn't wait for its children to die: It banned vans in the summer of 2008 six months after our boys were killed

Quebec Ministry of Transportation
Passenger Ground Transportation Office

July 18, 2008

Dear Sir or Madam:

As you are directly or indirectly involved in organizing youth transportation, we have communicated with you in recent months following the tragic highway accident in Bathurst, New Brunswick, last January.

This communication is among a series of measures adopted by the Quebec Ministry of Transport to ensure compliance with the Regulation respecting Road Vehicles used for the transportation of school children and secondly to document youth transportation other than school transportation.

Further to these various actions, we have made the following findings. With regard to school transportation, compliance with the Regulation respecting Road Vehicles used for the transportation of school children is good overall. As to transportation organized by educational institutions but for extracurricular activities, there are various interpretations of the types of vehicles that may be used. In some regions, 15-passenger minibuses are required, which does not comply with the regulation. This is because the travel required for such activities is often not considered school transportation. Finally, nearly half the vehicles used for youth transportation other than school transportation are 15-passenger minivans, most often driven by persons who are not professional drivers.

Based on these findings, the Ministry of Transport has adopted two kinds of measures to increase youth transportation safety.

For school transportation, issuing reminders from time to time of the regulatory requirements for vehicles used for the transportation of school children would serve to address the problems identified. These reminders could be issued at symposia or conferences attended by all school transportation officials at school boards and private educational institutions as well as the transportation companies. The student transportation safety committee, part of the Passenger Ground Transportation Office, is very well placed to issue such reminders.

The issues are more worrisome however in youth transportation outside school and extracurricular travel over long distances, and regulations are needed to establish clear guidelines for such transportation. We will soon be proposing amendments to the Regulation in order to include the following principles.

Under the new regulation, we will consider the possibility of banning the use of 15-passenger minibuses for such transportation. For travel not including frequent stops and for youth under the age of 18 years, we are considering requiring the use of a vehicle that complies with the Regulation respecting Road Vehicles used for the transportation of school children. To prevent confusion with actual school buses, the vehicle could nevertheless be a colour other than chrome yellow and would not have to have a stop sign and flashing red and yellow lights to warn drivers. Finally, we will also consider the possibility of requiring that the driver of such vehicles be at least 21 years of age and have taken the 15-hour training course for bus drivers and vehicles used for the transportation of school children.

Thank you for your assistance and rest assured that you will be consulted throughout the development of these regulatory changes. This approach will make it possible to reconcile the various interests at play and essentially ensure that the regulation notice published in the Gazette officielle du Québec is accepted by the various parties involved.

Sincerely,

Claude Martin
Director


Note from Van Angels: Thanks to Bloc Quebecois Member of Parliament, Meille Faille for this documentation which she received in July 2008 as a parent who has a child in the Quebec school system.

Bill C-522 An Act to amend the Criminal Code and respecting the Motor Vehicle Safety Regulations (student transport)

BILL C-522

An Act to amend the Criminal Code and respecting the Motor Vehicle Safety Regulations (student transport)

First reading, May 27, 2010

Click here to read full text of Bill on Parliamentary Website

SUMMARY

This enactment amends the Criminal Code to make it an offence to transport students in a motor vehicle with a designated seating capacity of more than 10 and fewer than 17 persons unless the motor vehicle conforms to certain standards or is prescribed by regulation. This amendment is intended to prohibit the transportation of students in vehicles commonly known as 15-passenger vans.

This enactment also requires the Governor in Council to make certain amendments to the Motor Vehicle Safety Regulations to limit the sale, importation and inter-provincial shipment of 15-passenger vans that are configured to transport more than one passenger.

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

HOUSE OF COMMONS CANADA

BILL C-522

An Act to amend the Criminal Code and respecting the Motor Vehicle Safety Regulations (student transport)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE

1. The Criminal Code is amended by adding the following after section 249.4:

249.5 (1) The following definitions apply in this section.

“designated seating capacity” has the same meaning as in subsection 2(1) of the Motor Vehicle Safety Regulations.

“officer” means, in relation to a school, a person who has the authority to direct how an employee of the school or other person acting on behalf of the school carries out any functions related to the transportation of the students of the school.


“prescribed” means prescribed by regulation.

“school” means a child care facility, preschool, elementary school or secondary school.


“student” means a person enrolled in a school.

vehicle” has the same meaning as in section 2 of the Motor Vehicle Safety Act.

(2) No officer of a school shall transport or arrange for the transportation of a student, or allow any employee or other person acting on behalf of the school to transport or to arrange for the transportation of a student, to or from the school or to or from a school-related extra-curricular activity in a vehicle with a designated seating capacity of more than 10 and fewer than 17 persons unless it is a prescribed vehicle or conforms with CAN/CSA standard D270-08, entitled “Multi-functional activity buses”, as amended from time to time, or CAN/CSA standard D250-07, entitled “School buses”, as amended from time to time.

(3) Subsection (2) does not apply to the transportation of students with physical disabilities in a vehicle specifically designed, manufactured or adapted for the purpose of transporting persons with physical disabilities.

(4) Every person who contravenes subsection (2) is guilty of an offence punishable on summary conviction.

(5) The Governor in Council may make regulations to carry out the purposes and provisions of this section.


MOTOR VEHICLE SAFETY REGULATIONS

2. (1) In this section, “15-passenger van” means a Ford Econo Club E-350, Dodge B350, Dodge B3500, Chevrolet Express 3500, Chevrolet Sportvan 1T, Dodge Maxivan B300, GMC Savana 3500, GMC Rally 1T or any other similar vehicle prescribed by the Governor in Council by regulation.

(2) Within 60 days after this Act comes into force, the Governor in Council shall amend the Motor Vehicle Safety Regulations to include the following prohibitions in respect of 15-passenger vans that are equipped with one or more passenger seats in addition to the passenger seat located next to the driver’s seat:


(a) a prohibition against the importation of any such van;


(b) a prohibition against the affixing of a national safety mark to any such van; and


(c) a prohibition against the sale of any such van with a national safety mark affixed to it.

Published under authority of the Speaker of the House of CommonsAvailable from:
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