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Eleven people were killed last January when a van, owned by the Salvation Army, tipped over in Joliet, Illinois. The driver and nine passengers were killed instantly; a tenth passenger died several days later from crash-related injuries. This tragic incident and several other recent fatalities involving 15-passenger vans prompted the National Highway Traffic Safety Administration (NHTSA) to release a consumer advisory in April warning 15-passenger van owners of an increased risk of rollover under certain conditions.

The advisory summarizes research on the rollover rates of a variety of 15-passenger vans. It states that rollover rates for 15-passenger vans loaded with 10 or more occupants were nearly three times the rate of those that were lightly loaded. The report does not claim the vans are defective or poorly constructed but simply warns that, when fully loaded, these vans' "center of gravity shifts rearward and upward, increasing the likelihood of rollover."

Since drivers are not required to have special licensing for 15-passenger vans, churches commonly use them for trips and group transportation. In light of the warning, churches should not sell their vans or necessarily feel that they are unsafe. As Bob Lange, General Motors director of safety engineering, said in response to the report, "[It] merely confirms what drivers already know—vehicles of various sizes and proportions, designed for varying consumer needs, handle differently."

However, given the relative difference in handling between these vans and an average car and their performance when fully loaded, NHTSA spokesperson Liz Neblett suggests churches take precautions to ensure that drivers are prepared to handle the vans before using them.

In case of an accident, churches can be held to a degree of liability if they did not exercise care to prevent such tragedies, says Stephen Chawaga, a lawyer with Monteverde McAlee & Hurd in Philadelphia, Pennsylvania. Sufficient care includes properly insuring and maintaining a vehicle, and screening and training drivers adequately. Chawaga recommends churches document these procedures to show reasonable care.

For more information from the NHTSA, visit www.NHTSA.dot.gov or call the Auto Safety Hotline at 888-327-4236.

For information about insurance and liability, call your insurance provider or visit the Insurance Information Institute's Web site at www.iii.org.

—Linda M. Gehrs

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