Bus ministries are vital. They have been responsible for bringing millions of children to Christ over many decades in America, children who likely might otherwise have never seen the inside of a church. We strongly believe that if any church has the resources and manpower to operate some aspect of a vehicle ministry, then it is absolutely something they should prayerfully consider.
At the same time, vehicle ministries are legal landmines fraught with extreme liability. No other aspect of your ministry can place so many lives at risk—even if the driver is virtually perfect. Because of this, never cut corners with your vehicle ministry! Please remember the following important information as your church serves others through this much-needed outreach.
1. Federal law regulates the use of Commercial Motor Vehicles.
Definition. A Commercial Motor Vehicle (CMV), is a vehicle used on a highway, in interstate commerce, that, (1) is designed to transport 8 or more passengers (including the driver) for compensation, or 16 or more passengers (including the driver) not for compensation, or, (2) has a gross vehicle weight rating of 10,001 pounds or more.
If your ministry operates a CMV, such as a school bus, you must comply with federal regulations. This means you need to know and comply with all regulations regarding Commercial Driver’s Licenses (CDLs), as well as the regulations regarding drug and alcohol testing.
If your ministry uses a vehicle designed to transport 15 or fewer people (including the driver) not for compensation, you are exempt from these requirements. If your ministry can effectively operate vehicles of this size, it may be less expensive to use them instead of being subjected to the expenses associated with alcohol and drug testing.
2. Every CMV driver is subject to federal law requirements.
Regardless of whether you ever cross a state line, every driver with a CDL who operates one of your CMVs is subject to federal requirements, including proper pre-employment screening, multiple alcohol and drug testing requirements, proper training, and the driver’s requirement to notify you of any traffic citation other than a parking violation.
These regulations are extensive, and they can change! Because of their complexity, it is very difficult for any ministry to know for sure if they are fully compliant with the law. At CLA, we believe there is great wisdom in finding an outside company that specializes in driver training and CMV/CDL compliance so you can be sure you are meeting all federal regulations.
3. Federal Motor Carrier Safety Regulations (FMCSR) can also apply.
If your ministry vehicle is designed to transport more than 15 passengers (including the driver) and goes out of state even one time, then Federal Motor Carrier Safety Regulations can apply to your vehicles. These regulations are extensive and include vehicle registration and marking, driver qualifications, vehicle maintenance and inspections, and record-keeping requirements.
Software designed to assist with FMCSR recordkeeping requirements can be purchased, and it would likely be worth the investment. There are also companies that specialize in FMCSR compliance that can assist your ministry in following all of these regulations.
4. Avoid 15-passenger vans if possible.
While advancement in safety technologies, particularly Electronic Stability Control, have made 15-passenger vans safer today than they were in years past, they are still more prone to rollovers than practically any other vehicle. So many safety advisories have been issued regarding this risk in 15-passenger vans that insurance companies generally charge more to cover these vans, and lawsuits over rollover accidents are all but guaranteed. Additionally, some states restrict the use of 15-passenger vans as school transportation.
At the very least, contact your insurance company first for their advice and policy requirements before ever considering purchasing a 15-passenger van or accepting one as a gift. If at all possible, we recommend purchasing a different type of vehicle, such as a minibus.
5. Maintain adequate insurance coverage.
The majority of states have incredibly low legal minimums for automobile insurance coverage, but that does not mean your ministry should ever consider carrying those minimums. Maintaining sufficient insurance coverage is essential. CLA recommends that you have an automobile policy with at least one million dollars in coverage, and even more if your ministry can afford it.
It is vital to sit down with your insurance agent and specify all of your planned uses for your ministry vehicles. This ensures the agent will offer your ministry all appropriate coverages as well as helping to avoid the insurance company denying coverage later.
6. Add the vehicle ministry into the church’s annual budget.
A successful and legally safe vehicle ministry is not cheap. Don’t skimp on vehicles, insurance, or routine maintenance. Follow all maintenance recommendations meticulously. If an accident is caused by a malfunctioning part—and it turns out that your ministry had the option to change it and chose not to—that choice can result in severe adverse consequences if you are ever in a lawsuit.
7. Choose your drivers carefully.
Your drivers are not just volunteers or employees. They potentially hold the entire future of your ministry in their hands. Remember that whoever you choose to drive is the person responsible for keeping more than a dozen people alive at any one time. In addition to requiring drivers to meet basic federal requirements, do not be afraid to limit drivers to those who seem to have the experience or maturity necessary for such an important role.