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Your Church, Sep/Oct 2001
Law Watch
A summary of recent precedent-setting court rulings and legislative acts affecting churches
Van Safety Update
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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Tips for a Safer Ride
Stephen Chawaga, a lawyer and regular contributor to Your Church, offers several ways to help churches reduce liability when using 15-passenger vans.
Well before a trip, make sure you've taken these steps to safety:
Properly insure the vehicle. Make sure your insurance is sufficient to cover multiple passengers and multiple drivers.
Properly maintain the vehicle. The church should conduct regular inspections with the aid of a trained professional. Also, a predrive inspection should include checking the tires, brakes, mirrors, windshield wipers, lights, and turn signals.
Screen drivers. Extra care should be taken when assigning responsible drivers to transport children to and from church-sponsored activities. Inquire about the driver's record and insist on seeing proof of insurance, even if he/she is a parent of one of the children involved. Drivers should be able to concentrate in the face of loud noise and other distractions.
Train drivers. Drivers should be able to practice with the church vehicle. Also, consider having staff or regular drivers participate in a driver safety course.
On the day of the trip, follow this checklist:
Buckle up. All passengers must wear seatbelts. According to a nationwide government study, 80 percent of those who died last year in single vehicle rollovers were not buckled up.
Don't load the top. Since a van's center of gravity shifts upward as the load becomes greater, do not store items on top.
Assess conditions and drive accordingly. Be aware that poor weather conditions affect a vehicle's handling. Drivers should reduce speed to accommodate road conditions.
Rest frequently. Rest stops should be scheduled during lengthy trips as a way to reduce driver fatigue.
Carry safety equipment. Every driver should carry a cell phone for emergencies, and every vehicle should have flares and jumper cables.
—LMG
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2002 Compensation Handbook
Christian Ministry Resources recently released the 2002 edition of The Church Compensation Handbook for Church Staff. It provides comprehensive up-to-date information on average base salaries, typical salary increases, housing allowances, and retirement plans for several staff positions. Church boards can use this information to determine fair benefit and salary ranges for various church leaders, including senior and associate pastors, youth ministers, worship leaders, and administrative workers. Call 800-222-1840 for more information.
Resources for Your Next Retreat or Conference
Partner with Christianity Today International to enhance your next church conference or retreat. You can receive helpful, encouraging resources free or at minimal cost for all participants. Plus, you can receive discounts on other ministry tools for your future needs. To find out more and receive a free copy of Ten Tips for Maximizing Your Ministry, e-mail specialmarkets@christianitytoday.com or call 630-260-6200, ext. 380.
Upcoming Events for Church Leaders
Willow Creek Association
Prevailing Church Workshops and Conference, October 22-27, South Barrington, Illinois
800-570-9812
www.willowcreek.com/workshops
Saddleback Valley Community Church
All Stars Children's Ministry Conference, October 11-13, Lake Forest, California
949-609-8700
www.purposedriven.com
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Copyright © 2001 by the author or Christianity Today, Inc./Your Church magazine.
Click here for reprint information on Your Church.
September/October 2001, Vol. 47, No. 5, Page 8
Your Church
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