Understanding Van Size Regulations in Tennessee: TN Rule 0520-01-05 (As of 08/15/2024)
The Tennessee Risk Management Trust (TNRMT) is regularly presented with questions regarding pupil transportation. Most questions are specifically related to acceptable van sizes. We do understand that at times regulations can become onerous while convoluting a given scenario. It is our intention to clarify as best as possible. Students can be transported in a school bus or a private passenger vehicle. Vehicles designed to transport 11 persons, or more are not considered private passenger vehicles and thus prohibited by State and Federal law. Since a van can fall into both acceptable and unacceptable sizes the following applies.
Please verify with local, state, and federal authorities to ensure guidance has not changed since the publication of this article.
The Tennessee State Board of Education has established specific rules such as TN Rule 0520-01-05 that includes important guidelines regarding the minimum and maximum sizes for vans utilized in pupil transportation. Using passenger vans for pupil transportation designed to carry more than 10 persons (including the driver) is unlawful.
Key Provisions on Van Sizes
Minimum and Maximum Passenger Capacity: The rule specifies that any van-type equipment designed to transport students must have a seating capacity of “not fewer than seven (7) and not more than ten (10) persons…”. This ensures that the vans are appropriately sized for safe and efficient student transportation. The capacity of the van must be designated by the manufacturer, removing seats will only result in a violation of the law.
Prohibition of Larger Vans: The use of fifteen (15) passenger vans, defined as vehicles that seat eleven to fourteen (11-14) persons including the driver is strictly prohibited for transporting students. Furthermore, these vans are not covered through your TNRMT policy. The rule is in place due to larger vans’ propensity to have a higher risk of rollover.
Employee Van Operators: Any van type equipment designed to transport that is owned or rented by the school system and used to transport students must be operated by a properly licensed employee of the school system.
Personal Van Operators: The same capacity applies to non-LEA owned vans. Each LEA that permits anyone other than an employee to transport students should ensure compliance with local school board policies. In the event of an incident, Tennessee law states that the insurance on the vehicle is primary. TNRMT coverage applies over that of the vehicle.
Safety and Insurance Requirements
Vans used for school transportation must be in apparent safe operating condition and insured to meet the minimum requirements set forth by Tennessee law. These vans must be driven by properly licensed drivers. Furthermore, vans exceeding the previously outlined capacity are not covered through your TNRMT policy.
Conclusion
TN Rule 0520-01-05 provides guidelines on the appropriate sizes for vans used in school transportation. By adhering to these rules, LEA’s can ensure that students are transported in vans that are both safe and reliable.
For more detailed information, you can refer to the official document on the Tennessee State Board of Education’s website. TN Rule 0520-01-05