Passenger Van Safety Strictly Enforced for Massachusetts Day Cares
By Sylvia Arroyo Te Nov. 16 school minivan crash in China’s Gansu province
that claimed the lives of 19 kindergarten students, the driver and another adult has cast a light on the use of small passenger vans to transport children. Here in the United States, there is a federal law that prohibits
the purchase and sale of 15-passenger vans to transport high school age and younger students to and from school, but there is nothing regulating the use of these vehicles by private child care centers. And each state’s regulation and enforcement on nonconforming vans differs. In Massachusetts, the Department of Early Education and Care
(DEEC), the state’s child care licensing agency, and the Department of Transportation’s Registry of Motor Vehicles (RMV) division have an established system that regulates 12- to 15-passenger vans used by school districts and child care centers in order to avoid overloading the vehicles with passengers and prevent fatal accidents. Indeed, no other vehicle has prompted more warnings against its use by the National Highway Traffic Safety Administration.
JOINT FORCES Te Massachusetts DEEC and RMV work side by side in
regulating the approximately 7,000 passenger vans registered as “school pupil transport vehicles,” as defined by the state’s 7D vehicle code. Under this code, nonconforming passenger vans can only carry eight children plus the driver. If a monitor is to ride the vehicle, then only seven children can be transported. “We bring everybody into the loop, and we do the best we
can,” said Judy Dupille, assistant director of vehicle safety and compliance services for the RMV. “We have to make sure we are looking out for our children.” Dave McGrath, deputy commissioner for DEEC field operations,
said the majority of child care centers do not offer transportation, but those that do are pretty aware of the regulations with which they must comply. “Te process for licensing is a very involved one,” he said. “Tere are 80 double-sided pages of regulations that day care centers have to conform with.” Te vehicle regulation process for child care providers that offer
transportation also applies to school districts. Tey must register their vehicles with the RMV as a 7D vehicle, and the vehicles must have red flashing lights, a sign that says school bus and school pupil plates, among other requirements, in order to have a state vehicle check sticker. Day-care drivers are also regulated. Tey must pass a special 20-question test and undergo a criminal background check for their 7D license, which must be renewed each year. Additionally, the vehicles must undergo an annual vehicle safety inspection and twice-yearly special 7D inspections to
26 School Transportation News Magazine January 2012
ensure safety features are working properly. Te DEEC conducts the initial inspections on a child care center’s vehicle and checks the current status of the driver’s 7D license. It will contact the RMV if there are violations. “If they are in violation, we report them to the Registry of
Motor Vehicles, and we do that quite often,” McGrath said. “Te day care owners’ excuse is typically that they didn’t get around to [renewing], or they didn’t know [the vehicle plates or license] had expired.”
GOING A STEP FURTHER Despite these regulations, it is inevitable that some providers
will still violate the law and operate their vehicles. Tat’s where Operation Guardian Angel comes into play. Since 2002, the RMV and the Boston Police Department partner whenever they can on setting up safety checkpoints in the Boston area to stop and inspect vans and station wagons carrying infants and toddlers to day-care centers and preschools. Both organization issue citations to violators. “We have done it twice a year, and if do it once a year, then
it’s good,” Dupille said, adding that the RMV will enforce the law each time they receive a complaint.
AN EXTRA LAYER OF PROTECTION Dupille said the RMV is proposing to add drug and alcohol
training as a requirement for a driver to obtain a 7D license. Also, just going into effect, all new child care providers may only register their vehicles at a few specific RMV branches so the agency can better monitor their vehicles. In related news, Dupille said the state is proposing a regulation
that would require day-care centers to install an alarm system in their vehicles to prevent children from being left inside. “Te regulations went to the governor’s office, and hopefully we’ll be following up on that soon,” Dupille said. ■
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