In February 2004 the National Association of State Directors of Pupil Transportation Services released the results of a survey of State Director members that found 29 states have laws or regulations that prohibit the use of vans for transporting public school students to-and-from school and school-related activities.
Meanwhile, a 1997 National School Transportation Association (NTSA) national survey found that 22 states at the time still allowed the use of 11-15 passenger vans in pupil transportation, albeit regular transportation or certain special activity trips. Only six state prohibited the use of smaller eight to 10 passenger vans for student transportation. Some states have since enacted laws that prohibit the vehicle altogether, though they are not required to do so. Regardless, all public school districts are now prohibited by federal law from purchasing or leasing these non-conforming vans for use in any form student transportation whatsoever.
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the reauthorization of the congressional highway bill enacted in August 2005, closed a loophole that previously banned only the manufacture or sale of these non-conforming vehicles "knowingly" for the purpose of pupil transportation to school districts. The new provision bans the illicit purchase of these vehicles by public school districts. Fines range from $10,000 for the first offense up to $15 million. Private and parochial schools, day care facilities and colleges and universities are not affected. Some schools still use the non-conforming vans to transport teachers and staff.
The National Highway Traffic Safety Administration and National Transportation Safety Board have found that the vehicles are prone to rollovers when at or above capacity. Foremost is the fact that passenger vans (generally carrying eight to 15 passengers) are not required to be manufactured to the same federal motor vehicle safety standards as traditional yellow school buses. For example, FMVSS 111, 131, 220, 221 and 222 are not required in the manufacture of vans. As a result, these vehicles do not provide the same degree of occupant protection to passengers that school buses do.