Use of Vans for Pupil Transportation

Effective October 3, 2023, ORC 4511.76 allows the use of vehicles originally designed for not more than nine passengers, not including the driver, for transportation of community and chartered nonpublic school students to and from school.  

School districts may also use vehicles originally designed and constructed at the factory for nine or fewer passengers, not including the driver, when school bus transportation cannot be reasonably provided, for preschool children, special needs children, homeless children, foster children, children inaccessible to school buses, students placed in alternative schools or for work programs.  

The frequently asked questions are designed as a resource to assist districts and schools in making decisions regarding the purchase, lease, and operation of the vehicles. 

Successful completion of the requirements allows school districts in Ohio to use drivers and authorized vehicles to meet transportation needs in compliance with state regulations.  For more information see Training/Van-Drivers 

FAQ

FAQ

What does “originally designed for not more than nine passengers, not including the driver” mean?
ORC 4511.76 does not define “originally designed.”  The Department of Education and Workforce rule OAC 3301-83-19 (C) refers to “vehicles originally designed and constructed at the factory” for nine or fewer passengers, not including the driver.  This means the vehicle should have come out of the factory after final assembling with a capacity to seat nine or fewer passengers, not including the driver.  

Back to Top

How can a district or school determine that a passenger van was originally designed for not more than nine passengers, not including the driver and is safe to use?
Vehicle safety is a primary concern for districts and schools in choosing to use passenger vans to transport students. A series of laws and regulations help ensure motor vehicles sold in the U.S. meet specified safety standards.

Vehicles manufactured for sale in the U.S. must be certified to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS). The National Highway Traffic Safety Administration’s (NHTSA’s) regulations on motor vehicle certification are found at 49 CFR Part 567. Vehicles must bear a label certifying compliance that is permanently affixed by the vehicle’s manufacturer (i.e., the actual assembler of the vehicle).   

For multipurpose passenger vehicles and trucks with a GVWR of 6,000 pounds or less, the label must contain the statement: “This vehicle conforms to all applicable Federal motor vehicle safety and theft prevention standards in effect on the date of manufacture shown above.” 

Back to Top

How do you know if a vehicle is “originally designed” for not more than nine passengers not including the driver when the vehicle is assembled in stages?

When a vehicle is assembled in stages, at each stage a certification as to compliance with FMVSS standards is required.  A “completed” vehicle is one that requires no further manufacturing operations to perform its intended function.   An “incomplete” vehicle is an assemblage consisting, at a minimum, a chassis (including the frame) structure, power train, steering system, suspension system, and braking system, but requires further manufacturing operations to become a completed vehicle.   

  • The final-stage manufacturer assumes legal responsibility for all certification-related duties and liabilities with respect to components and systems they install or supply for installation on the incomplete vehicle, unless changed by a subsequent manufacturer.  

  •   The final-stage manufacturer must affix a certification label to the hinge pillar, door-latch post, or the door edge that meets the door-latch post, next to the driver's seating position. It may also be located to the left side of the instrument panel or affixed to the inward-facing surface of the door next to the driver's seat position.   The location of the label must be such that it is easily readable without moving any part of the vehicle except an outer door.  

  • To confirm the vehicle was originally designed for nine passengers, not including the driver, check the Tire and Loading Information Seating Capacity label:
    Arrow pointing to the Seating Capacity labelImage of the Seating Capacity label

  • The Seating Capacity must be 10 or less for vans used for student transportation: 

    Image of valid seating capacity label image of invalid seating capacity label

Back to Top

What are some of the legal and safety considerations when using vehicles originally designed for not more than nine passengers, not including the driver for student transportation?
Some of the legal and safety considerations include: 
  • Making sure the vehicle is properly maintained. At minimum, ORC 4511.76  requires that a qualified mechanic inspect the vehicle not fewer than two times each year and determines that it is safe for pupil transportation.  
  • Properly inflated tires are critical. Check the tire pressure and tire wear prior to each trip. 
  • Using drivers that are familiar with the different handling issues created by larger vehicles. A large van handles much differently than a regular automobile. ORC 4511.76 requires that the driver “be accustomed” to driving the vehicle. 
  • Not overloading the vehicle. This can occur when transporting an athletic team and all of the necessary equipment. Overloading the vehicle can lead to a greater rollover tendency. 
  • ​When using these vehicles, the driver cannot stop on the roadway to pick up or drop off students.  
  • Vehicles must meet the signage requirements in in OAC 3301-83-19 (C). 
  • Van drivers must meet requirements set forth in ORC 3327.10, ORC 4511.76, OAC 3301-83-06, 3301-83-07, and 3301-83-10.  

Back to Top

What are the safety reasons for not permitting vans originally designed for more than 9 passengers (not including the driver) to be used for student transportation?
Safety reasons are discussed in depth in the National Association of State Directors of Pupil Transportation Services (NASDPTS) January 2025 Alternative Transportation Position Paper accessed at 2025 Position Paper. Key points:  

  • Alternative Transportation is defined as the transportation of students in any vehicle that is not a Federal Motor Vehicle Safety Standards -defined school bus, Multifunction School Activity Bus, Commercial Motor Coach, or Transit Bus defined by the Federal Transit administration. 

  • Using vehicles other than yellow school buses “compromises student safety and heightens the potential for disastrous crashes with student injuries and fatalities. Thus, alternative transportation should be avoided except when completely necessary to meet specific students’ school transportation needs and when proper oversight and safety regulations are established.” 

Back to Top

What if a vehicle was originally designed for more than 9 passengers (not including the driver) but has been converted by removing seats?

ORC 4511.76 does not permit the use of vans originally designed for more than nine passengers, not including the driver, for student transportation.  In addition, federal law 49 USC 30112(a)(2) prohibits the sale or lease of 15 passenger vans if the van will be significantly used for student transportation, unless the vehicle meets FMVSS safety requirements for yellow school buses. 

The passenger rating is determined by the vehicle manufacturer and cannot be changed by anyone other than a manufacturer.  It is illegal for anyone other than a manufacturer to remove seats from a van to meet the mandated passenger requirement for student transportation. This would apply to both a school and/or a dealership if the intention is to circumvent the mandated passenger rating for school transportation. 

Back to Top

Last Modified: 2/4/2025 4:34:51 PM