[Congressional Record Volume 149, Number 54 (Thursday, April 3, 2003)]
[Extensions of Remarks]
[Page E675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PASSENGER VAN SAFETY ACT OF 2003

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                        Thursday, April 3, 2003

  Mr. UDALL of Colorado. Mr. Speaker, today, I am introducing the 
Passenger Van Safety Act of 2003, legislation to enhance the safety of 
large passenger vans, which are highly susceptible to rollovers and 
have been associated with more than 500 fatalities since 1990.
  In the last Congress, I introduced the School Bus Safety Act which 
had been designed to prevent schools from taking advantage of a 
loophole that allowed them to purchase used 15-passenger vans even 
though it was illegal for them to purchase new 15-passenger vans 
because of safety issues. The bill I am introducing today goes farther 
and addresses the safety of these vehicles.
  I became alarmingly aware of the safety problems of these vehicles 
when a church group from Westminster, Colorado rolled the 15-passeneger 
van they were driving 2\1/2\ times en route to a religious retreat. 
This tragedy resulted in four people dying. I found out later that 
these vans were notorious for getting out of the drivers control and 
were highly susceptible to rolling. These kinds of accidents seem to be 
symptomatic to these kinds of vehicles. Early last summer another one 
of these vans, full of firefighters, rolled over numerous times killing 
four of the passengers in western Colorado. Accidents will happen, but 
I believe if these people had been in different vehicles their deaths 
may have been avoided.
  When these vans are fully loaded they become highly prone to 
rollovers. In 2001, the National Highway Traffic Administration (NHTSA) 
conducted a study that demonstrated the dramatic increase in rollovers 
when these vehicles carry increasingly larger loads. A fully loaded van 
has a rollover risk that is six times higher than if there are only 
five people in the van.
  The bill I am introducing today would require NHTSA to include 15-
passenger vans in their Dynamic Rollover Testing Program required by 
the Transportation Recall Enhancement, Accountability, and 
Documentation (TREAD) Act, which currently does not include these 
vehicles. It does not make a lot of sense to me to exempt them from the 
same safety standards that NHTSA will apply to other passenger cars and 
sport utility vehicles. This information will give drivers information 
they need in order to safely operate certain vehicles under different 
conditions.
  This legislation would also require 15-passenger vans to be included 
in NHTSA's New Car Assessment Program (NCAP). NCAP provides consumers 
information on how different vehicles withstand crashes, and was 
recently expanded to include the risk of rollover. Currently, NCAP does 
not do rollover testing for vehicles that carry more than 10 people.
  In addition, the bill requires NHTSA to work with van manufacturers 
to evaluate and test the potential of new technologies to help drivers 
maintain control of their vans. Specifically, NHTSA would look at 
Electronic Stability Control (ESC) systems that some SUVs are already 
equipped with and rear-view mirror-based rollover warning systems. 
These kinds of innovative technologies could significantly reduce 
rollovers and save lives.
  ``Fifteen-passenger'' vans were initially designed to carry cargo, 
not people. But now these vans are widely used by airports, hotels, and 
other commercial interests to transport customers from one location to 
another. People using these vans may not realize that the Federal Motor 
Carrier Administration (FMCA) has not completed rulemaking on Federal 
motor carrier safety regulations for 15-passenger vans that are used 
for commercial purposes. This bill would require the FMCA to complete 
their rulemaking, which began in 1999, to ensure that commercial 
passengers get to their destinations safely.
  This bill was built on the foundation of my School Bus Safety Act of 
2001 and it still addresses the van loophole created in 1974 when 
organizations were banned from purchasing new 15-passenger vans to 
transport school age children but were allowed to purchase the vans 
used.
  This legislation removes this nearly 30-year-old loophole in the 
Federal regulations and extends the ban to include leasing, renting, 
and buying of these vans, thereby making the buyers accountable, as 
well as the seller. These changes will insure that the intent of the 
1974 law is finally realized. The bill would also strengthen the 
penalties on those who violate this important safety provision.
  The legislation raises the prescribed penalty for breaking this law 
from ``not more than $1000'' to ``not more than $25,000,'' thereby 
giving the enforcement agencies something to make it worth their while 
to pursue. This provision is important because from 1974 until 1997, 
NHTSA, which had responsibility for administering the law, did not 
initiate a single enforcement proceeding in the entire country.
  Safety transcends party lines. Senator Snowe and I have had tragic 
events take place in our states that have unfortunately made us very 
aware of the dangers of 15-passenger vans. Last year there was a tragic 
accident in the State of Maine that cost the lives of 14 forestry 
workers who were killed when their 15-passenger van rolled off of a 
bridge, killing all but one. This was the single worst motor vehicle 
accident in Maine's history. So we are introducing identical bills in 
the House and the Senate. With bipartisan support we hope to end these 
kinds of needlessly tragic accidents.
  Mr. Speaker, one of the government's roles is to ensure the safety of 
its citizens. This legislation gives consumers the information they 
need to know about the safety of these vans and it eliminates a 
loophole that allows people to get around a child safety law. I 
strongly urge my colleagues to support this common sense legislation.

                          ____________________