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Safety Recommendation Details

Safety Recommendation H-04-008
Details
Synopsis: On April 4, 2002, about 8:19 a.m., a 15-passenger Ford E-350 van, driven by a 27-year-old driver and transporting six children to school, was southbound in the left lane of Interstate 240 in Memphis, Tennessee. The van was owned and operated by Tippy Toes Learning Academy (Tippy Toes), a private child care center. A witness driving behind the van stated that the vehicle was traveling about 65 mph when it drifted from the left lane, across two other lanes, and off the right side of the roadway. She said that she did not see any brake lights. The van then overrode the guardrail and continued to travel along the dirt and grass embankment until the front of the van collided with the back of the guardrail and a light pole. The rear of the van rotated counterclockwise and the front and right side of the van struck the bridge abutment at the Person Avenue overpass before coming to rest. The driver was ejected through the windshield and sustained fatal injuries. Four of the children sustained fatal injuries, and two were seriously injured.
Recommendation: TO THE STATES AND THE DISTRICT OF COLUMBIA CHILD CARE TRANSPORTATION OVERSIGHT AGENCIES: Implement an oversight program for child care transportation that includes the following elements: Use of vehicles built to school bus standards or of multifunction school activity buses
Original recommendation transmittal letter: PDF
Overall Status: Open - Unacceptable Response
Mode: Highway
Location: Memphis, TN, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: hwy02MH015
Accident Reports: 15-Passenger Child Care Van Run-Off-Road Accident
Report #: HAR-04-02
Accident Date: 4/4/2002
Issue Date: 4/21/2004
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky, Office of Inspector General (Open - Unacceptable Response)
Commonwealth of Massachusetts, Office of Child Care Services (Closed - Reconsidered)
Commonwealth of Pennsylvania, Department of Public Welfare (Closed - Reconsidered)
Commonwealth of Virginia, Department of Social Services (Open - Unacceptable Response)
District of Columbia, Department of Health (Open - Unacceptable Response)
State of Alabama, Department of Human Resources (Open - Unacceptable Response)
State of Alaska, Department of Health and Social Services (Open - Unacceptable Response)
State of Arizona, Department of Health Services (Open - Unacceptable Response)
State of Arkansas, Department of Human Services (Open - Unacceptable Response)
State of California, Department of Social Services (Open - Unacceptable Response)
State of Colorado, Department of Human Services (Open - Unacceptable Response)
State of Connecticut, Department of Public Health (Open - Unacceptable Response)
State of Delaware, Department of Services for Children, Youth and Families (Closed - Reconsidered)
State of Florida, Department of Children and Families (Open - Unacceptable Response)
State of Georgia, Department of Human Resources (Open - Unacceptable Response)
State of Hawaii, Department of Human Services (Open - Unacceptable Response)
State of Idaho, Department of Health and Welfare (Open - Unacceptable Response)
State of Illinois, Department of Human Services (Open - Unacceptable Response)
State of Indiana, Family and Social Services Administration (Closed - Reconsidered)
State of Iowa, Department of Human Services (Open - Unacceptable Response)
State of Kansas, Department of Health and Environment (Open - Unacceptable Response)
State of Louisiana, Department of Social Services (Open - Unacceptable Response)
State of Maine, Department of Health and Human Services (Open - Unacceptable Response)
State of Maryland, Department of Human Resources (Open - Unacceptable Response)
State of Michigan, Family Independence Agency (Closed - Acceptable Action)
State of Minnesota, Department of Human Services (Open - Unacceptable Response)
State of Mississippi, Department of Health (Open - Unacceptable Response)
State of Missouri, Department of Health and Senior Services (Open - Unacceptable Response)
State of Montana, Department of Public Health and Human Services (Open - Unacceptable Response)
State of Nebraska, Department of Health and Human Services (Open - Unacceptable Response)
State of Nevada, Department of Human Resources (Open - Unacceptable Response)
State of New Hampshire, Department of Health and Human Services (Open - Unacceptable Response)
State of New Jersey, Department of Human Services (Closed - Reconsidered)
State of New Mexico, Department of Children, Youth, and Families (Open - Unacceptable Response)
State of New York, Department of Family Assistance (Closed - Reconsidered)
State of North Carolina, Department of Health and Human Services (Open - Unacceptable Response)
State of North Dakota, Department of Human Services (Closed - Unacceptable Action)
State of Ohio, Department of Job and Family Services (Closed - Acceptable Alternate Action)
State of Oklahoma, Department of Human Services (Open - Unacceptable Response)
State of Oregon, Employment Department (Open - Unacceptable Response)
State of Rhode Island, Department of Children, Youth and Families (Open - Unacceptable Response)
State of South Carolina, Department of Social Services (Closed - Reconsidered)
State of South Dakota, Department of Social Services (Open - Unacceptable Response)
State of Tennessee, Department of Human Services (Closed - Acceptable Action)
State of Texas, Department of Family and Protective Services (Open - Unacceptable Response)
State of Utah, Department of Health (Open - Unacceptable Response)
State of Vermont, Human Services Agency (Closed - Reconsidered)
State of Washington, Department of Social and Health Services (Open - Unacceptable Response)
State of West Virginia, Department of Health and Human Services (Closed - Acceptable Action)
State of Wisconsin, Department of Health and Family Services (Open - Unacceptable Response)
State of Wyoming, Department of Family Services (Open - Unacceptable Response)
Keyword(s):

Safety Recommendation History
From: NTSB
To: State of Mississippi, Department of Health
Date: 9/4/2014
Response: Has Mississippi taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Mississippi, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Mississippi does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses) and has not distributed to child care centers information on the dangers of using nonconforming buses. Mississippi has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Mississippi, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Mississippi does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses) and has not distributed to child care centers information on the dangers of using nonconforming buses. Mississippi has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Mississippi, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060371) to our 6/2/2006 request for an update, which indicated that: According to MC 2060371, Mississippi does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses) and has not distributed to child care centers information on the dangers of using nonconforming buses. Staff has been unable to determine whether Mississippi considered applicable legislation or regulations in 2005 or 2006.

From: State of Mississippi, Department of Health
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/4/2006 2:07:19 PM MC# 2060371: There are no provisions in the child care facility licensing regulations or State law that requires that all vehicles used by licensed child care facilities be built to school bus or multifunction school activity bus standards. Most importantly, however, the Mississippi Department of Health's policy and procedure directive within the "Transportation Section" of the Regulutions Governing [lie Licensure of Child Cure Fucilities mandates the following, as truly reproduced here: TRANSPORTATION General Regardless of transportation provisions, the child care facility is responsible for the safety of the children. Requirements It is required that: All drivers be appropriately licensed; All vehicles have current safety inspection stickers, licenses, and registrations; Insurance adequately covers the transportation of children; Children board or leave the vehicle from the curb-side of the street and/or are safely accompanied to their destinations; A parent is present if the child is delivered home; and Seat restraints are used. Occupant Restraints All children will be properly restrained whenever they are being transported in a motor vehicle. No vehicle shall be occupied by more individuals than its rated capacity. No children shall be transported in the front seat of vehicles equipped with passenger-side air bags. All vehicles under 10,000 lbs. GVWR (Gross Vehicle Weight Rated) shall be equipped with occupant restraints appropriate for the age and/or weight of the children being transported. A child under the age of four (4) shall be transported only if the child is securely fastened in a child safety seat that meets FederaI Motor Vehicle Safety Standards (FMVSS, 49 CFR 571.213), which shall be indicated on the child safety seat. The child safety seat shall be appropriate to the child's weight and be installed and used according to the manufacturer's instructions. Vehicles (e.g., school buses) with a GVWR 10.000 lbs. or more shall, at a minimum, meet the current Federal Motor Vehicle Safety Standards (FMVSS) for buses of that size. It is the responsibility of the child care facility operator to have documentation verifying that a bus meets the current FMVSS. NOTE: Federal Motor Vehicle Safety Standards (FMVSS) means the National Highway and Traffic Safety Administration's standards for motor vehicles and motor vehicle equipment established under section 103 of the Motor Vehicle Safety Act of 1966 (49 CFR Part 571) as they apply to school buses. On vehicles with a GVWR of less than 10,000 lbs., the staff-to-child ratio shall be maintained at all times. The driver of the vehicle shall not be counted as a care giver while transporting the children. On vehicles with a GVWR of 10,000 lbs. or more. the staff-to-child ratio shall be one (1) care giver to each 25 children or fraction thereof. The driver of the vehicle shall not be counted as a care giver while transporting the children. Mississippi Department of Health, Regulations Governing the Licensure of Child Care Facilities, XV. Transportation, Sections 15-1 through 15-4.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 9/4/2014
Response: Has Texas taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Texas does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses); it has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Texas does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). According to MC 2070433, Texas enacted legislation addressing multifunction school activity buses, but that legislation does not mandate their use by child care centers in place of nonconforming buses.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 8/23/2007
Response: Letter Mail Controlled 8/24/2007 2:47:42 PM MC# 2070433: HB 3190 on school activily buses was passed by the 8Uth Legisiature aiid will become effective 9/1/07 HB 3190 prohibited persons who have committed offenses such as vehicular manslaughter, driving under the influence, and leaving the scene of an accident from operating a school bus for 10 years after the offense; defined multifunction school activity bus" and prohibits this type of bus from being painted National School Bus Glossy Yellow in order to differentiate between multifunction school activity buses and regular school buses; required scliool bus operators to wear seat belts if the operator's seat is equipped with such restraints; prohibited the operation of a school bus if the number of persons inside the bus exceeds the manufacturer's design capacity for the vehicle or if the bus' door is open, authorized a school bus operator to prohibit a passenger from standing or sitting on the floor of a bus or anywhere that is not a seat; required a school bus evacuation training program and requires a school district to train all of its students and teachirig staff in the process of emergency school bus evacuation at least twice a year: and set forth the specifications of school bus safety training while requiring that a record of the training be reported to the Departinenl of Public Safety with [message truncated] IHB 3190 on school activily buses was passed by the 8Uth Legisiature aiid will become effective 9/1/07 HB 3190 prohibited persons who have committed offenses such as vehicular

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060328) to our 6/2/2006 request for an update, which indicated that: Texas does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Staff has been unable to determine whether Texas considered applicable legislation or regulations in 2005 or 2006.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/11/2006 1:33:30 PM MC# 2060328: Nothing additional to add at this time.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 3/30/2006
Response: The Safety Board notes that State of Texas child care regulations do not require the use of vehicles built to Federal school bus standards by child care centers when transporting children to and from school and school-related activities. The Board also notes that the State of Texas recommends that child care providers check the Texas Department of Motor Vehicles or Federal Motor Vehicle Safety Standards regulating transportation of children to and from school and child care. From 1993 through 2002, fatalities to children being transported in 15-passenger vans averaged 57 annually, compared to 5 fatalities on average annually to children being transported in school buses. As noted in the enclosed safety recommendation letter, which was developed from the Board's 1999 Highway Special Investigation Report: Pupil Transportation in Vehicles not Meeting Federal School Bus Standards, school buses provide better crashworthiness and occupant protection. The study concluded that, had the accident vehicles possessed occupant crash protection equivalent to school buses, they probably would have sustained less damage, and the passengers might have suffered fewer and less severe injuries. As a result of the Board's investigation of the April 4, 2002, accident in Memphis, Tennessee, the Board concluded that, had a vehicle built to school bus standards, rather than a 15-passenger van, been used to transport the children to and from school, the resulting injuries might have been less severe. Therefore, the Board remains firmly convinced that the safest way to transport children to and from school or school-related activities is in a vehicle built to school bus standards. Pending further action by Texas to require vehicles used by child care centers to be built to school bus standards, Safety Recommendation H-04-8 is classified "Open-Unacceptable Response."

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 5/27/2004
Response: Letter Mail Controlled 6/10/2004 2:00:03 PM MC# 2040302 The child-care licensing division is charged with protecting approximately 800,000 children in out-of-home care in Texas by establishing minimum standards for their safety and protection. Minimum standards for child day care were revised in 2002 and became effective September 1, 2003. During the revision process, we updated and strengthened regulations regarding transportation and captured many of your suggestions at that time. I have enclosed a copy of these regulations for your review. Although these regulations prescribe the minimum safety expectations for child-care centers that transport children, at this time, they are in line with other Texas laws regarding transportation and they reflect public opinion. We also utilize technical assistance provided by our licensing staff, media campaigns, provider training, and best practices included in our publication as opportunities to educate permit holders and parents on issues that impact children's health and safety. We agree that safe transportation is an important issue and we will continue to look at ways to incorporate your safety recommendations. Texas Administrative Code, Title 40. Social Services and Assistance Part XIX. Texas Department of Protective and Regulatory Services Chapter 746, Minimum Standards for Child-Care Centers Subchapter X, Transportation §746.5603 What type of vehicle may I use to transport children? We do not regulate the type of vehicle you may use to transport children, although we recommend that you check with the Texas Department of Motor Vehicles or refer to the federal motor vehicle safety standards regulating transportation to and from school and child care. Except as otherwise stated in this subchapter, the minimum standards in this subchapter do not apply to a bus with a gross vehicular weight rating (GVWR) of 10,000 pounds or more. Vehicles must be maintained in safe operating condition at all times.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 9/4/2014
Response: Has Montana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: According to MC2080748, Montana confirms that it does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses).

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Montana does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Montana has not provided information on whether it considered applicable legislation or regulations in 2006 of 2007.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060355) to our 6/2/2006 request for an update, which indicated that: According to MC 2060355 Montana does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Legislation to address this recommendation is not anticipated during the 2007 legislative session. staff has been unable to determine whether Montana considered applicable legislation or regulations in 2005 or 2006.

From: State of Montana, Department of Public Health and Human Services
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/24/2006 11:50:59 AM MC# 2060355: Child care centers in Montana are not required to use vehicles built to school bus standards. Legislative action to address this issue is not expected in 2007.

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 10/9/2014
Response: -From Lauren V. Stewart, Director, Maine Department of Public Safety, Bureau of Highway Safety: Maine does not require school bus standards for child care center vehicles, they do continue to do the normal vehicle inspection once a year, and there is no plan to do the school bus standards.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 9/4/2014
Response: Has Maine taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Except when transporting children to and from school, Maine does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Requiring child care centers to purchase school buses would create a financial hardship as the average size of a child care center is 20 children. Maine does not anticipate legislation or regulations.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Except when transporting children to and from school, Maine does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Requiring child care centers to purchase school buses would create a financial hardship as the average size of a child care center is 20 children. Maine does not anticipate legislation or regulations.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060335) to our 6/2/2006 request for an update, which indicated that: Except when transporting children to and from school, Maine does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). According to information received subsequent to Maine's annual letter, requiring child care centers to purchase school buses would create a financial hardship as the average size of a child care center is 20 children. Maine does not anticipate legislative or regulations.

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/17/2006 1:18:16 PM MC# 2060335: Language was added to Title 29-A section 2309 requiring the use of school bus qualified vehicles by day care organizations transporting to and from school for any school related purpose. This language specifically references vehicles with a design capacity of 10 or more.

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 5/12/2005
Response: Letter Mail Controlled 5/17/2005 10:42:48 AM MC# 2050207

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 1/31/2005
Response: The Safety Board notes that Title 29-A Maine Revised Statutes (MRSA) § 2309 exempts day care facilities from using vehicles built to school bus standards when carrying 15 or fewer passengers including the driver except when transporting children to and from school. From 1993 to 2002, there were an average of 57 fatalities to children in 15-passenger vans nationwide compared to 5 fatalities to children in school buses. The Board's 1999 study, Pupil Transportation in Vehicles not Meeting Federal School Bus Standards, which discussed four accidents involving nonconforming vehicles used for pupil transportation, found that school buses provide better crashworthiness and occupant protection. The study concluded that had the accident vehicles had occupant crash protection equivalent to school buses, they probably would have sustained less damage, and the passengers might have suffered fewer and less severe injuries. As a result of the Board's investigation of the April 4, 2002, accident in Memphis, Tennessee, the Board concluded that had a vehicle built to school bus standards been used to transport the children to and from school, rather than a 15-passenger van, the resulting injuries might have been less severe. Therefore, the Board remains firmly convinced that the safest way to transport children to and from school or school-related activities is in a vehicle built to school bus standards. We would like to know whether Maine has plans to remove the exemption for day care facilities from Title 29-A MSRA. Pending further action by Maine to require vehicles used by child care facilities to be built to school bus standards, Safety Recommendation H-04-8 is classified "Open--Unacceptable Response."

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 6/2/2004
Response: Letter Mail Controlled 6/9/2004 10:29:59 AM MC# 2040289 The Rules for the Licensing of Child Care Facilities were revised effective November 12, 2002. They will be reviewed again within the next three years. The recommendations of the National Transportation Safety Board will guide the revision of the sections related to child care transportation oversight.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: South Carolina does not allow child care centers to transport children to or from school or school-related activities in nonconforming buses. The requirement predates the issuance of the recommendation.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060311) to our 6/2/2006 request for an update, which indicated that: According to MC 2060311, South Carolina requires child care centers to use vehicles built to school bus standards when transporting children to and from school or school-related activities.

From: State of South Carolina, Department of Social Services
To: NTSB
Date: 6/27/2006
Response: Letter Mail Controlled 7/5/2006 11:08:50 AM MC# 2060311: South Carolina has enacted legislation known as Jacob’s Law, which would apply relative to this recommendation if a child is being transported to or from school-related activities.

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070314, effective July 1, 2007, West Virginia regulations require by September 1, 2012 that child care centers use vehicles that meet school bus standards when transporting more than 10 passengers. By July 1, 2008, any child care center transporting more than 10 passengers in a vehicle that does not meet school bus standards must submit a plan to the Secretary for how the center will comply with the requirements to use vehicles meeting school bus standards

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 7/2/2007
Response: Letter Mail Controlled 7/3/2007 9:56:07 AM MC# 2070314: The passage of HB-2189 requires that schol transportation be in a school bus or multifunctional school ac!ivity busses for any vehicle over 10 psg. Vehicle. Other child care institutions come under the purview of the WVDHHR DHHR Response The West Virginia Department of Health and Human Resources has regulatory oversight of licensed child care centers, including those Head Start programs that operate more than four hours per day. The following regulations apply to all licensed child care centers effective July 1, 2007: 78-1-22 Transportation. When providing transportation, a center shall ensure that...22.2. By September 1, 2012, any vehicle used for transportation that has a capacity that exceeds ten (10) passengers meets the National Highway Trahic Safety Administration (NHTSA) standards for a school bus. Provided, that any vehicle used prior to September 1, 2012 for transportation that has a capacity that exceeds ten (10) passengers and does not meet the NHTSA standards shall follow the recommendation of the NHTSA for preventing rollover; 22.3. By July 1, 2008, any center which provides transportation in a vehicle with a capacity that exceeds ten (10) passengers [message truncated]

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060292) to our 6/2/2006 request for an update, which indicated that: West Virginia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but the Partners Implementing an Early Care and Education System Regulations and Standards Committee does advise child care centers, as they replace their multi-passenger vehicles, to do so with vehicles built to school bus standards. West Virginia has also distributed to child care centers NHTSA's information on the dangers of 15-passenger vans. According to MC 2060292, West Virginia's child passenger safety law applies to 15-passenger vans that are equipped with shoulder belts. West Virginia does not anticipate applicable legislation.

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 6/20/2006
Response: Letter Mail Controlled 6/20/2006 10:47:40 AM MC# 2060292: West Virginia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but the Partners Implementing an Early Care and Education System Regulations and Standards Committee does advise child care centers, as they replace their multi-passenger vehicles, to do so with vehicles built to school bus standards. West Virginia has also distributed to child care centers NHTSAs information on the dangers of 15-passenger vans. We have provided PI&E to shed light on the dangers of 15 passenger vans. We interput the Child Passenger Safety Law to include 15 passenger vans that are equipted with shoulder belts. I do not anticipate any legislation and think it would receive serious opposition.

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 3/24/2006
Response: The Safety Board notes that the Partners Implementing an Early Care and Education System (PIECES) Regulations and Standards Committee, a council established to address the system of early care and education in the State of West Virginia for children ages birth through 5 years, is in the process of reviewing and making recommendations on revisions to child care regulations. Until the review is complete, the PIECES committee has recommended that, as child care centers replace their multi-passenger vehicles, they replace them with vehicles built to school bus standards or to standards for multi-function school activity buses. The Board appreciates receiving the information that all licensed child care centers have received copies of the National Highway Traffic Safety Administration's recommendations regarding the use of multi-passenger vans. The Board also notes that the PIECES committee is considering a requirement for the periodic review of driver background checks, medical examinations, and drug testing results and vehicle labeling as recommended. Pending completion of the committee's review of child care regulations and the Board's receipt and review of West Virginia's revised child care regulations, Safety Recommendations H-04-8, -13, and -14 remain classified "Open-Acceptable Response."

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 5/6/2005
Response: Letter Mail Controlled 5/24/2005 7:59:53 AM MC# 2050215 The PIECES (Partners Implementing an Early Care and Education System) Regulations and Standards Committee is in the process of reviewing and making recommendations on the revision to child care center licensing regulations. The committee recommends the following until such time as revision of the regulations are complete: "As the multi-passenger vehicles operated by child care centers are replaced, they are replaced with vehicles that are built to school bus standards or to standards for multi-function school activity buses." In addition, all licensed child care centers have received copies of opinions written by the National Highway Transportation Safety Administration regarding multi- passenger vans.

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 4/1/2005
Response: The Safety Board notes that West Virginia does not require child care centers to use vehicles built to school bus specifications. The Board also notes that this recommendation has been forwarded to the Partners Implementing an Early Care and Education System Advisory Council (PIECES Advisory Council), a council established to address the system of early care and education in the State for children ages birth through 5 years, so that it can be addressed by the Regulations and Standards Committee. Pending further response regarding this committee's review, Safety Recommendation H-04-8 is classified "Open--Acceptable Response."

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 5/21/2004
Response: Letter Mail Controlled 6/1/2004 2:51:53 PM MC# 2040258 Child care centers are not required at this time to use vehicles built to school bus specifications. The Department participates in the PIECES Advisory Council, which is a collaborative council established by statute to address the system of early care and education in the state for children birth through 5 years. The Council has assigned to the Regulations and Standards Committee the charge of identifying barriers and recommending action or legislation that will allow Child Care, Head Start, Birth to Three, and Public Preschool Education to act as a cohesive system to serve these children and families in a collaborative manner. The committee has identified transportation as one of the major barriers to this system, with conflicting regulations and statutes governing each. Cost related to removing these barriers has also been identified as a barrier. The safety recommendation will be forwarded to the PIECES Advisory Council so the Regulations and Standards Committee can address it.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 9/4/2014
Response: Has New Hampshire taken action to implement this recommendation? If no immediate action is planned this recommendation's status will be changed to "Closed--Unacceptable Action."

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 7/6/2010
Response: Please advise what action New Hampshire has taken to prohibit the use of nonconforming buses.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New Hampshire allows child care centers to transport children to and from school and school-related activities in nonconforming buses. New Hampshire did not consider applicable legislation or regulations in 2007 or 2008. New Hampshire's Child Care Licensing Unit has not provided child care centers with information about the dangers of transporting children in nonconforming buses, but its Department of Safety will discuss with the licensing agency the possibility of distributing this information.

From: State of New Hampshire, Department of Health and Human Services
To: NTSB
Date: 6/27/2008
Response: Letter Mail Controlled 7/8/2008 10:55:51 AM MC# 2080404: There is ciirrently no requirement that child care centers use vehicles built to school bus or multi-function school activity standards for transporting children. Child care program must transport children in vehicks that meet all current State law requirements. For example, they must be equipped with proper seat belts and child safety seats as required by State law. Vehicles that are exempted by State statute from seat belt use cannot be used to transport these children. Child care providers are not currently provided by the DHHS Child Care Licensing Unit with information about the danger or transporting children in vehicles that do not conform to school bus standards and there is no currerit plan to do so.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Hampshire allows child care centers to transport children to and from school and school-related activities in nonconforming buses. New Hampshire has not provided information on whether it has any restrictions on what vehicles child care centers can use or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: New Hampshire allows child care centers to transport children to and from school and school-related activities in nonconforming buses. Staff has been unable to determine whether New Hampshire has any restrictions on what vehicles child care centers can use or whether New Hampshire considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060331) to our 6/2/2006 request for an update, which indicated that: According to MC 2060331, Delaware requires child care centers to use vehicles meeting Federal and State specifications and safety standards applicable to school buses when transporting more than 10 passengers in addition to the driver for any vehicle that was newly purchased or leased after July 1, 1998.

From: NTSB
To: State of California, Department of Social Services
Date: 9/4/2014
Response: Has California taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of California, Department of Social Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: For the nine states (AK, CA, CT, NE, NM, ND, OK, VA, and WI) that allow the use of nonconforming buses and have not taken action in recent years to implement the recommendation, Safety Recommendation H 04 8 is classified OPEN—UNACCEPTABLE RESPONSE.

From: NTSB
To: State of California, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: California does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but it has circulated the Board's recommendations regarding nonconforming buses to child care centers. Child care centers using vehicles (buses) designed, used, or maintained to transport more than 10 passengers including the driver are subject to all California motor carrier safety regulations and commercial (Class B) licensing requirements. California did not establish legislation or regulations in 2007 or 2008.

From: State of California, Department of Social Services
To: NTSB
Date: 8/27/2008
Response: Letter Mail Controlled 8/28/2008 3:17:38 PM MC# 2080523: No legislation or regulations were established in 2007, nor will be established in 2008 to further address this recommendation.

From: NTSB
To: State of California, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: California does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but it is considering legislation to prohibit child care centers from using nonconforming buses unless drivers have a Class B driver's license. California has also circulated the Board's recommendations regarding nonconforming buses to child care centers. Child care centers using vehicles (buses) designed, used, or maintained to transport more than 10 passengers including the driver are subject to all California motor carrier safety regulations and commercial (Class B) licensing requirements.

From: State of California, Department of Social Services
To: NTSB
Date: 7/12/2007
Response: Letter Mail Controlled 7/13/2007 12:44:13 PM MC# 2070348: California does not require child care centers to usevehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but California is considering legislation to prohibit child care centers from using nonconforming buses unless drivers have a Class B driver's license. California has also circulated the Board's recommendations regarding nonconforming buses to child care centers. According to California's most recent correspondence (7/29/2006), child care centers using vehicles (buses) designed, used, or maintained to transport more than 10 passengers including the driver are subject to all California motor carrier safety regulations and commercial (Class B) licensing requirements. The Board has been unable to determine whether California considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of California, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060379, 2060164) to our 6/2/2006 request for an update, which indicated that: California does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but the State is considering legislation to prohibit child care centers from using nonconforming buses unless drivers have a Class B driver's license. California has also circulated the Board's recommendations regarding nonconforming buses to child care centers. According to MC 2060379, child care centers using vehicles (buses) designed, used, or maintained to transport more than 10 passengers including the driver are subject to all California motor carrier safety regulations and commercial (Class B) licensing requirements.

From: State of California, Department of Social Services
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/1/2006 8:14:16 AM MC# 2060379: California does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). However, child day care centers throughout California using vehicles (buses) designed, used, or maintained, to transport more than 10 passengers including the driver are subject to all state motor carrier safety regulations and commercial (Class B) ,licensing requirements. This subjects these day care centers to annual inspections by the California Highway Patrol which includes an in-depth vehicle inspection and inspection of required vehicle (preventive maintenance) records. Child day care centers using vehicles which do not meet the definition of "bus" in California law lare not subject to motor carrier safety regulations but remain subject to permit requirements through the California Public Utilities Commission to ensure adequate liability insurance remains valid.

From: State of California, Department of Social Services
To: NTSB
Date: 12/22/2005
Response: Letter Mail Controlled 1/9/2006 2:46:41 PM MC# 2060033: The California Department of Social Services (CDSS) has reviewed the applicable laws related to this issue and has determined that it is not the appropriate agency to require structural changes of the vans. The CDSS will, however, forward you request to the California Department of Education. They would be the entity to consider a legislative change to amend the Education Code to require that individuals that drive 15-passenger vans for child care centers must obtain a Class B driver's license to be consistent with requirements for public and private schools.

From: NTSB
To: State of California, Department of Social Services
Date: 11/23/2005
Response: The Safety Board notes all school districts, private schools, community colleges, and state universities are prohibited from acquiring 15-passenger vans to transport children. The Board further notes that effective January 1, 2005, 15-passenger vans already owned by districts and agencies must be operated by persons possessing Class B driver's licenses with a passenger endorsement. However, the Board notes that these requirements and restrictions do not apply to child care programs. In her letter, Ms. Inglett indicated that the California Department of Social Services (CDSS) was considering legislation that would prohibit child care facilities and community care facilities from using 15-passenger vans without the driver's having a Class B driver's license. The Board also notes that the CDSS provided information to child care providers on the Safety Board's 15-passenger van recommendations in the CDSS's August 2004 Child Care Update. Pending legislative action that would require the use of vehicles built to Federal school bus standards when transporting children, Safety Recommendation H-04-8 is classified "Open-Acceptable Response." If the Board can provide assistance with legislative efforts, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, (202) 314-6175.

From: State of California, Department of Social Services
To: NTSB
Date: 7/20/2004
Response: Letter Mail Controlled 7/29/2004 2:52:40 PM MC# 2040466: The State of California passed legislation (AB 626, Chapter 559, Statutes of 2003), signed by Governor Davis, which was developed in response to the NTSB's findings that 15 passenger vans are unsafe. The bill declares the intent of the Legislature that all school districts, private schools, community colleges and state universities should be prohibited from acquiring such vans to transport passengers. The bill requires, on or after January 1, 2005, that those districts and agencies that already own such vans to limit their operation to persons holding a Class B driver's license with a passenger endorsement. To secure a Class B driver's license the driver must pass a Commercial Driver's Test, pass a Medical Exam, and through the Pull Notice program, have an ongoing review of the driver's record conducted by the State Department of Motor Vehicles. Child Care programs are not listed in this legislation.

From: State of Tennessee, Department of Human Services
To: NTSB
Date: 2/8/2005
Response: Letter Mail Controlled 2/17/2005 1:27:10 PM MC# 2050071

From: NTSB
To: State of Tennessee, Department of Human Services
Date: 2/7/2005
Response: The Safety Board notes that Tennessee is phasing-in the requirement that child care vehicles designed to carry 10 or more passengers meet school bus standards by January 1, 2007, to allow providers to budget additional money needed to purchase these vehicles and to allow current vehicle leases to expire. In consideration of these efforts, Safety Recommendation H-04-8 is classified "Closed--Acceptable Action."

From: State of Tennessee, Department of Human Services
To: NTSB
Date: 6/7/2004
Response: Letter Mail Controlled 6/16/2004 11:47:09 AM MC# 2040310 Child care vehicles designed to carry ten (10) or more passengers are required to meet federal school bus safety standards by no later than January 1, 2007. To the best of our knowledge, only seven (7) states currently require or have a law that is scheduled to require the use of school buses for child care transportation. Of these seven (7) states, five (5) require school buses only during to and from school transportation. Accordingly, only two (2) states (in addition to Tennessee) require or will require school buses for all child care transportation. Tennessee is phasing in this requirement to allow providers to budget the additional money that is needed to purchase these vehicles, as well as to allow any current vehicle leases to expire before these new vehicles must be purchased or leased.

From: State of Nevada, Department of Human Resources
To: NTSB
Date: 12/29/2014
Response: -From Traci Pearl, Highway Safety Coordinator, Nevada Department of Public Safety, Office of Traffic Safety: Please reference Nevada Administrative Code 432A.200 SERVICES AND FACILITIES FOR CARE OF CHILDREN, as well as NRS (Nevada Revised Statutes) 432A.077, 432A.141, 432A.170, 432A.175. See: http://www.leg.state.nv.us/Division/Legal/LawLibrary/NAC/NAC-432A.html AND http://www.leg.state.nv.us/NRS/NRS-432A.html#NRS432ASec077

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 9/4/2014
Response: Has Nevada taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed—Unacceptable Action."

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 9/4/2014
Response: Has Nebraska taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Nevada does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Nevada statutes and regulations do not address this issue; local licensing agencies (city and county) may adopt more stringent regulations. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Nevada does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Nevada statutes and regulations do not address this issue; local licensing agencies (city and county) may adopt more stringent regulations. Nevada has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060333) to our 6/2/2006 request for an update, which indicated that: Nevada does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). According to MC 2060333, Nevada statutes and regulations do not address this issue; local licensing agencies (city and county) may adopt more stringent regulations. Staff has been unable to determine whether Nevada considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 9/4/2014
Response: Has Virginia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: For the nine states (AK, CA, CT, NE, NM, ND, OK, VA, and WI) that allow the use of nonconforming buses and have not taken action in recent years to implement the recommendation, Safety Recommendation H 04 8 is classified OPEN—UNACCEPTABLE RESPONSE.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Virginia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Virginia's child care center regulations address only that the vehicle provide an enclosed seating area, that the seats be attached to the floor, that the vehicle be insured to at least the minimum statutory limits, and that the vehicle meet State safety standards and be kept in satisfactory condition to ensure the safety of children. Virginia did not consider applicable legislation in 2007 or 2008. However, its Department of Health's Division of Injury and Violence Prevention provides awareness training for child care centers, and the training includes a component on the use of conforming vehicles and the dangers of nonconforming buses.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Virginia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Virginia's child care center regulations address only that the vehicle provide an enclosed seating area, that the seats be attached to the floor, that the vehicle be insured to at least the minimum statutory limits, and that the vehicle meet State safety standards and be kept in satisfactory condition to ensure the safety of children. Virginia has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007. According to MC 2070347, Virginia reports no changes.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/13/2007
Response: Letter Mail Controlled 7/13/2007 12:22:52 PM MC# 2070347: Virginia DMV sought assistance from VDSS regarding this response. VDSS reports no change from last year. The Standards for Child Care Programs, promulgated by 'the Child Day Care Council and enforced by VDSS, requires the vehicle be manufactured for the purpose of transporting people seated in an enclosed area, with seats attached to the floor, meet safety standards set by DMV and be in satisfactory [message truncated]

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060339) to our 6/2/2006 request for an update, which indicated that: Virginia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). According to MC 2060339, Virginia's child care center regulations address only that the vehicle provide an enclosed seating area, that the seats be attached to the floor, that the vehicle be insured with at least the minimum statutory limits, and that the vehicle meet State safety standards and be kept in satisfactory condition to assure the safety of children. Virginia's Department of Social Services, the oversight agency, is seeing more and more mini-buses in the child care center community; it is likely caused by the Federal prohibition on dealers to sell vans to child care centers. Staff has been unable to determine whether Virginia considered applicable legislation or regulations in 2005 or 2006.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/17/2006 3:23:50 PM MC# 2060339: Virginia DMV sought assistance from the Virginia Department of Social Services (VDSS) in responding to this recommendation. VDSS informed us that the Standards for Child Day Programs, which are the regulations governing child-care centers, went into effect June 1,2005. These regulations are promulgated by the Child Day Care Council and enforced by the VDSS. The Child day-care Council is authorized by the Code of Virginia to adopt regulatory standards for licensure and operation of child day care centers in Virginia. The council is comprised of a minimum of 28 members. Members are appointed by the Governor and represent a variety of interests from around the state. According to VDSS, as outlined by the Standards for Cliild Day Programs: Any vehicle used by the center for the transportation of children shall meet the following requirements: 1. The vehicle shall be manufactured for the purpose of transporting people seated in an enclosed area; 2. The vehicle’s seats shall be attached to thefloor; 3. The vehicle shall be insured with at least the minimum limits established by Virginia state statutes; 4. The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to assure tlie safety of children; and ... VDSS explained that they do not have authority to regulate the type of vehicle used beyond the base requirement outlined in the Standards for Child Day Programs, that the vehicle be “manufactured for the purpose of transporting people.. . " VDSS also reports that they are seeing more and more mini-buses in the child day care community. It is likely this is because of the Federal requirement that prohibits dealers from selling vans to child day centers.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New York does not allow child care centers to transport children to and from school or school-related activities in nonconforming buses. The requirement predates the issuance of the recommendation.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/19/2007
Response: Letter Mail Controlled 7/27/2007 9:44:08 AM MC# 2070376: Currently, there is no legal or regulatory basis for this in New York. Legislation passed the State Assembly that would address this and many of the following NTSB recommendations by defining vehicles used by pre-schools as school buses. This in effect would make all such vehicles then sub-ject to the rules regarding school buses for construction, maintenance, inspection, driver training and driver screening.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060348, 2060619) to our 6/2/2006 request for an update, which indicated that: New York does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but New York does not allow child care centers to transport children to and from school or school-related activities in nonconforming buses. According to MC 2060348, no legal or regulatory authority is in place to implement this recommendation. One house of the legislature passed legislation that would have defined vehicles used by pre-schools as school buses, thereby prohibiting the use of 12- and 15-passenger vans. Staff has been unable to determine whether New York considered applicable legislation or regulations in 2005 or 2006.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/19/2006 11:17:40 AM MC# 2060348: Currcntly, there is no legal or regulatory basis for this in New Yorlc. Legislation passed the State Assembly that would address this and inany of the following NTSB recommendations by defining vehicles used by pre-schools as school buses. This in effect would inake all such vehicles then subject to the rules regarding school buses for construction, maintenance, inspection, driver training and driver screening.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 9/4/2014
Response: Has New Mexico taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: For the nine states (AK, CA, CT, NE, NM, ND, OK, VA, and WI) that allow the use of nonconforming buses and have not taken action in recent years to implement the recommendation, Safety Recommendation H 04 8 is classified OPEN—UNACCEPTABLE RESPONSE.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: According to MC 2080593, New Mexico does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), and it has not provided information on the dangers of using nonconforming buses. New Mexico did not consider applicable legislation or regulations in 2007 or 2008. The Department of Children, Youth and Families and the Department of Transportation both expressed a willingness to address this issue upon receiving more information, particularly about what other States are doing. Staff has e-mailed information on this issue to these Departments.

From: State of New Mexico, Department of Children, Youth, and Families
To: NTSB
Date: 9/5/2008
Response: Letter Mail Controlled 9/26/2008 1:48:42 PM MC# 2080593: Children, Youth and Families Department: New Mexico did not consider legislation or regulations in 2007 or 2008 to require child care transportation vehicles to be built to school bus standards. New Mexico has not provided information to child care centers about the dangers of transporting children in noncomforming buses. Upon receiving more information, New Mexico would be supportive of addressing this recommendation. Department of Transportation: Although New Mexico does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), we are interested in what other states are doing concerning this subject matter. Upon obtaining additional information, NM would be supportive of providing child care centers with information concerning dangers associated with this subject

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Mexico allows child care centers to transport children to and from school and school-related activities in nonconforming buses. New Mexico has not provided information on whether it has any restrictions on what vehicles child care centers can use or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. New Mexico allows child care centers to transport children to and from school and school-related activities in nonconforming buses. Staff has been unable to determine whether New Mexico has any restrictions on what vehicles child care centers can use or whether New Mexico considered applicable legislation or regulations in 2005 or 2006.

From: State of North Carolina, Department of Health and Human Services
To: NTSB
Date: 12/9/2014
Response: -From Don Nail, Director, GR, Governor’s Highway Safety Program, North Carolina Department of Transportation: North Carolina Division of Child Development specifies in the provider Child Care Handbook that transporting children in a child care setting is a high risk activity and transportation rules are provided, but it does not include information to child care centers about the dangers of transporting children in non-conforming buses.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 9/4/2014
Response: Has North Carolina taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: North Carolina does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses); it has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: North Carolina allows child care centers to transport children to and from school and school-related activities in nonconforming buses. North Carolina has not provided information on whether it has any restrictions on what vehicles child care centers can use or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060150) to our 6/2/2006 request for an update, which indicated that: No response received. North Carolina allows child care centers to transport children to and from school and school-related activities in nonconforming buses. Staff has been unable to determine whether North Carolina has any restrictions on what vehicles child care centers can use or whether the State considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 9/4/2014
Response: Has Kansas taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed—Unacceptable Action."

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Kansas does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses); it has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Kansas does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Child care centers need only use vehicles that have been inspected and insured. Kansas has not revised the child care regulations since 1990, but it hopes to begin the regulation revision process soon.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060343) to our 6/2/2006 request for an update, which indicated that: Kansas does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). As confirmed by MC 2060343, child care centers need only use vehicles that have been inspected and insured. Kansas has not revised the child care regulations since 1990, but Kansas hopes to begin the regulation revision process in fiscal year 2007 or 2008.

From: State of Kansas, Department of Health and Environment
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/19/2006 9:21:00 AM MC# 2060343: See answer to H-99-002; no change. Vehicles are required to be inspected and maintained.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Indiana does not allow child care centers to transport children to and from school or school-related activities in nonconforming buses. The prohibition predates the issuance of the recommendation.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Indiana does not allow child care centers to transport children to and from school or school-related activities in nonconforming buses.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 9/4/2014
Response: Has or will Georgia take action to enact this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Georgia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Through its State Child Passenger Safety Board, Georgia can make recommendations to further enhance its child safety seat law. Georgia has not provided information about whether it considered applicable legislation or regulations in 2007 or 2008.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 9/23/2008
Response: Letter Mail Controlled 9/24/2008 1:08:58 PM MC# 2080586: Georgia does not require that child care centers use school buses or multi-functional activity buses. In the event that child care centers choose to utilize passenger vehicles/buses for transport of children, they must adhere to the child passenger safety law for proper restraint of children. Legislation has not been established to prohibit the use of nonconforming buses. However, through the establishment of Georgia's Child Passenger Safety Board, recommendations to further enhance our child safety seat law will be provided. Georgia has developed a fact sheet to inform schools and child care centers of the requirements of the law for children riding in buses or passenger vans. This fact sheet is inclusive of the law, sample pictures, frequently asked questions and recommendations. This information has been distributed to child care centers and schools via the Georgia Child Care Association, Bright from the Start, DHR, Children's Healthcare of Atlanta, and the Governor's Office of Highway Safety. The fact sheet is still distributed regularly upon request from Georgia child care providers and residents. Georgia will continue to publicize the new law and encourage safe transportation of all children regardless of the vehicle.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Georgia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Georgia has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007. According to MC 2070308, Georgia has recently established a State Child Passenger Safety Board, which will, among other things, review and make recommendations to the appropriate authority regarding this recommendation. State authorities recommend transporting children in vehicles built to school bus standards.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 6/29/2007
Response: Letter Mail Controlled 7/3/2007 8:39:12 AM MC# 2070308: Georgia has recently established a State Child Passenger Safety (CPS) Board. Among other things, the CPS Board will review and make recommendations to the appropriate authority regarding this and other issues. It is currently recommended by state authorities to transport children in vehicles built to school bus standards or MFSABs. (see attached flyer that has been developed and is distributed)

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060422) to our 6/2/2006 request for an update, which indicated that: According to MC 2060422, Georgia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Staff has been unable to determine whether Georgia considered applicable legislation or regulations in 2005 or 2006.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 8/22/2006
Response: Letter Mail Controlled 8/24/2006 8:36:35 AM MC# 2060422: Georgia does not require child care centers to use such conforming buses.

From: State of Utah, Department of Health
To: NTSB
Date: 12/16/2014
Response: -From Kristy K. Rigby, Director, Highway Safety Office: No change.

From: NTSB
To: State of Utah, Department of Health
Date: 9/4/2014
Response: Has Utah taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Utah, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Utah does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), and it has not considered applicable legislation or regulations.

From: State of Utah, Department of Health
To: NTSB
Date: 6/16/2008
Response: Letter Mail Controlled 6/24/2008 12:28:05 PM MC# 2080368: No change to the current status has occurred. No additional legislation has been proposed to change the vehicle requirements to meet this recommendation.

From: NTSB
To: State of Utah, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070310, Utah does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), and it has not considered applicable legislation or regulations.

From: State of Utah, Department of Health
To: NTSB
Date: 6/21/2007
Response: Letter Mail Controlled 7/3/2007 9:06:26 AM MC# 2070310: No change to the current status has occurred. No additional legislation has been proposed to change the vehicle requirements to meet this recommendation.

From: NTSB
To: State of Utah, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060367) to our 6/2/2006 request for an update, which indicated that: Utah allows child care centers to transport children to and from school and school-related activities in nonconforming buses. Staff has been unable to determine whether Utah places any restrictions on what vehicles child care centers can use or whether Utah considered applicable legislation or regulations in 2005 or 2006.

From: State of Utah, Department of Health
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/27/2006 3:02:07 PM MC# 2060367: The UHSO suggests the most accurate information may be obtained by contacting: Teresa Whiting, Bureau Director Utah Department of Health Bureau of Child Care Licensing 288 North 1460 West Salt Lake City, Utah 84114-2003 (801) 538-6320

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 12/3/2014
Response: -From Mark Gottlieb, P.E., Secretary, Department of Transportation: Currently, Wisconsin does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), however Wisconsin recommends that centers not use 1 0+ passenger vans when transporting children and provides information on safer vehicles to use when transporting children.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 9/4/2014
Response: Has Wisconsin taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: For the nine states (AK, CA, CT, NE, NM, ND, OK, VA, and WI) that allow the use of nonconforming buses and have not taken action in recent years to implement the recommendation, Safety Recommendation H 04 8 is classified OPEN—UNACCEPTABLE RESPONSE.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Wisconsin does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). It provides child care centers with information about the Federal law addressing nonconforming buses to child care centers; it does not enforce any requirement, but rather provides "technical assistance." Wisconsin considered legislation in 2007 and 2008; the purpose of this legislation (A.B. 675) was to create a new category of school bus for after-school care centers transporting children from school to child care facilities.

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 9/4/2008
Response: Letter Mail Controlled 9/18/2008 10:13:03 AM MC# 2080570: As mentioned above in response to H-99-22, 2007-08 Assembly Bill 675 would have created a new category of transportation for children from schools to child care centers in vehicles owned by the child care centers.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Wisconsin does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). It provides child care centers with information about the Federal law addressing nonconforming buses to child care centers; it does not enforce any requirement, but rather provides "technical assistance." Wisconsin has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060344) to our 6/2/2006 request for an update, which indicated that: According to MC 2060344, Wisconsin does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). According to information received subsequent to Wisconsin's annual letter, Wisconsin provides information about the Federal law addressing nonconforming buses to child care centers; Wisconsin is not enforcing any requirement, but rather is providing technical assistance. Staff has been unable to determine whether Wisconsin considered applicable legislation or regulations in 2005 or 2006.

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/19/2006 9:44:12 AM MC# 2060344: No State law or administrative rule exists requiring the use of vehicles built to school bus standards by childcare transportation service providers.

From: State of Rhode Island, Department of Children, Youth and Families
To: NTSB
Date: 11/6/2014
Response: -From Michael P. Lewis, Director, Rhode Island Department of Transportation: The Rhode Island DMV currently requires that school extra-curricular vehicles (registered to schools) conform to school Bus standards (MFSAB) but does not require that vehicles registered to licensed child care facilities conform. This issue will be reviewed and re-evaluated by the incoming (2015) Administration.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 9/4/2014
Response: Has Rhode Island taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Rhode Island does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). According to previous correspondence, it was considering changes to the regulations for Family Day Care Home and Family Group Day Care Home settings licensed by Rhode Island's Department for Children, Youth and Families (DCYF). These changes would require such child care centers to follow existing State transportation laws and regulations. The DCYF was open to considering additional language that would strengthen the transportation rules and anticipated making changes to center based child care regulations. Rhode Island has not provided information about whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Rhode Island allows child care centers to transport children to and from school and school-related activities in nonconforming buses. According to MC 2070365, it is currently considering changes to the regulations for Family Day Care Home and Family Group Day Care Home settings licensed by Rhode Island's Department for Children, Youth and Families (DCYF). These changes would require such child care centers to follow existing State transportation laws and regulations. The DCYF is open to considering additional language that would strengthen the transportation rules and anticipates making changes to center-based child care regulations. Rhode Island has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: State of Rhode Island, Department of Children, Youth and Families
To: NTSB
Date: 6/27/2007
Response: Letter Mail Controlled 7/24/2007 2:00:18 PM MC# 2070365: See response to H-99-22

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060380) to our 6/2/2006 request for an update, which indicated that: Rhode Island allows child care centers to transport children to and from school and school-related activities in nonconforming buses. Staff has been unable to determine whether Rhode Island has any restrictions on what vehicles child care centers can use or whether Rhode Island considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Oregon, Employment Department
Date: 9/4/2014
Response: Has Oregon taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Oregon, Employment Department
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Oregon does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses); it has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Oregon, Employment Department
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Oregon does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but Oregon advised that it will consider this recommendation during the cycle of rule revisions for the Rules for the Certification of Child Care Centers.

From: NTSB
To: State of Oregon, Employment Department
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Oregon does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but Oregon advised that it will consider this recommendation during the cycle of rule revisions for the Rules for the Certification of Child Care Centers.

From: NTSB
To: State of Oregon, Employment Department
Date: 5/17/2005
Response: The Safety Board notes that Oregon does not currently have in place any of the recommended requirements. The Board also notes that these recommendations will be considered during the cycle of rule revisions for the Rules for the Certification of Child Care Centers, although there is no indication when the revisions can be expected. We would appreciate your providing us a copy of the revised regulations for child care centers once this action has been completed. Given Oregon's indication that it will consider these recommendations when revising regulations, and pending receipt of the revised regulations, Safety Recommendations H-04-8, -12 and -14 to the Oregon Employment Department are classified "Open--Acceptable Response." If the Board can provide assistance in these efforts, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.

From: State of Oregon, Employment Department
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 1:49:26 PM MC# 2040211 The Child Care Division of the Oregon Employment Department is responsible for licensing child care businesses and promulgating administrative rules to ensure the health and safety of children in child care. The transportation of children in child care centers is addressed in Oregon Administrative Rule 414-300-0350. Four of the NTSB's seven recommendations (H-04-9, - 10, - 11, - 13) are currently included in the division's rules for certification of child care centers. The full text of the rule may be found at http://findit.emp.state.or.us/childcare/CCDl320701.pdf. The three recommendations that are not included, H-04-8, - 12, and - 14, will be taken under consideration in the next cycle of rule revisions.

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 12/4/2014
Response: -From Director Darrin T. Grondel, Washington Traffic Safety Commission: Washington has no plans to take action on this recommendation.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 9/4/2014
Response: Washington does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Has Washington taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Washington does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), citing the potential economic impact on child care centers as a deterrent. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Washington does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), citing the potential economic impact on child care centers as a deterrent.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 4/29/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060332, 2060291) to our 6/2/2006 request for an update, which indicated that: Washington does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), citing the potential economic impact on child care centers as a deterrent.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 2/24/2006
Response: In its January 31, 2005, letter, the Safety Board classified Safety Recommendations H-04-8, -9, and -14 "Open-Unacceptable Response," and Safety Recommendations H-04-11 through -13 "Open-Acceptable Response." Your March 2005 response does not indicate any new actions to implement Safety Recommendations H-04-8, -9, or -11 through -14. Therefore, the classifications of these recommendations will remain the same. The Safety Board encourages the State to revise its child care licensing requirements to include the Board's recommendations for improving transportation safety for children transported to and from school and school-related activities by child care providers. Please notify the Board when any future action has been taken to address these recommendations. If the Safety Board can be of assistance to the State of Washington in this effort, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6170.

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 3/9/2005
Response: Letter Mail Controlled 3/17/2005 12:33:35 PM MC# 2050113 ) Mandatory use of vehicles built to federal standards offers additional safety, however, the potential economic impact on licensed day care providers to meet federal standards is of concern. We currently allow non-conforming vans to operate with emphasis on child restraint and safety awareness. Vehicles may be safety checked thm our local highway patrol inspections stations

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 1/31/2005
Response: The Safety Board notes that the State of Washington does not mandate the use of vehicles built to Federal standards because of the potential economic impact the requirement would have on licensed day care providers. The Board also notes that while the State allows the use of non-conforming vans, emphasis is placed on child restraint use and safety awareness and that these vehicles may be checked through local highway patrol inspection stations. While the Board recognizes the initial financial impact this requirement will have on child care providers, the Board believes the safety risks associated with the use of vehicles not built to Federal school bus standards outweighs the economic concerns. Further, the cost per mile to operate a small school bus is less than that of a van because of greater life span and reduced maintenance costs. Pending further action by Washington to require vehicles used for child care transportation to be built to Federal school bus standards, Safety Recommendation H-04-8 is classified "Open--Unacceptable Response."

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 7/2/2004
Response: Letter Mail Controlled 7/13/2004 8:35:15 AM MC# 2040398 Mandatory use of vehicles built to federal standards offers additional safety, however, the potential economic impact on licensed day care providers meet federal standards is of concern. We currently allow non-conforming vans to operate with emphasis on child restraint and safety awareness. Vehicles may be safety checked through our local highway patrol impections stations.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060327) to our 6/2/2006 request for an update, which indicated that: According to MC 2060327, Ohio's Department of Job and Family Services has been considering major revisions to applicable administrative rules regarding 15-passenger vans. The Department has recommended that by September 2008, all day care centers use only vans (to seat 10 or more passengers), which are regulated like small school buses. According to information received subsequent to Ohio's annual letter, Ohio has now implemented new regulations that prohibit child care centers from using "converted cargo vans or passenger vans designed by the manufacturer to carry ten or more passengers." All child care centers must be in compliance with this requirement by September 1, 2013, although any vehicles replaced or newly purchased after September 2008 must meet these new requirements.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 7/6/2005
Response: The Safety Board notes that Ohio does not currently have in place any of the recommended requirements listed above, but that Ohio will consider them for revisions to their Child Care Licensing Rules. The Board would like to know what action Ohio has taken to incorporate Safety Recommendations H-04-8, -12 and -14, into the Child Care Licensing Rules. Given Ohio's positive indication that it will consider these recommendations for rule revision, Safety Recommendations H-04-8, -12 and -14, are classified "Open--Acceptable Response." If the Board can provide assistance in your efforts, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.

From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 2:26:08 PM MC# 2040215 Ohio's Child Care Licensing Rules currently provides for compliance with four of the seven recommendations made by NSTB, namely requirements for vehicle standards and maintenance, restraint usage, and driver fitness. The three other recommendations regarding use of vehicles meeting school bus standards, driver drug testing, and the requirement that child care vehicle be labeled with both the center and the oversight agency's names and phone numbers will be further explored for rule revision consideration.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 9/4/2014
Response: Has Arizona taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Arizona, Department of Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Arizona does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses); it has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Arizona does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Arizona has not provided information on whether it has any restrictions on what vehicles child care centers can use or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Arizona does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Staff has been unable to determine whether Arizona has any restrictions on what vehicles child care centers can use or whether the State considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 7/6/2005
Response: The Safety Board notes that Arizona does not require (1) the use of vehicles built to school bus standards by child care centers when transporting children, (2) drug testing for child care transportation providers, or (3) medical examinations for child care drivers. The Board further notes that implementing the above listed recommendations would require legislative action. Ms. Wiley indicated that the Department of Health Services (the department) had planned to include the Board's recommendations in its review of legislative priorities for the session that began in January. However, the Board notes that during Arizona's legislative session, which ended April 23rd, no legislation was introduced that would require the use of vehicles built to school bus standards, or drug and medical testing for all child care transportation providers and drivers. The Board would like to know what legislative action Arizona has planned to address these recommendations. Pending receipt of information regarding legislative action for Arizona's next session, Safety Recommendations H-04-8, -11 and -12 are classified "Open--Unacceptable Response." If the Safety Board can provide assistance with legislative efforts during the next legislative session, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.

From: State of Arizona, Department of Health Services
To: NTSB
Date: 7/19/2004
Response: Letter Mail Controlled 7/26/2004 12:16:09 PM MC# 2040456 The following recommendations would require legislative action. The current legislative session has adjourned and will reconvene January, 2005. The Department will include the following recommendations in its review of legislative priorities for the session starting in January. * Use of vehicles built to school bus standards or of multifunction school activity buses. * A requirement that drivers have a medical examination to determine fitness to drive. * Pre-employment, random, post accident, and "for cause" drug testing for all child care transportation providers and the prohibition of anyone who tests positive for drugs from transporting children. * Review by an oversight agency of driver medical examinations and drug test results.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 9/4/2014
Response: Has Iowa taken action to enact this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Iowa, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Iowa does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but it has previously expressed the intent to work with the State Child Care Advisory Council on revising its regulations to incorporate Safety Board recommendations. The review and revision of regulations were to be completed by January 1, 2006, but Iowa has not confirmed whether changes have been made. Iowa also has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Iowa does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but it has expressed the intent to work with the State Child Care Advisory Council on revising its regulations to incorporate Safety Board recommendations. The review and revision of regulations were to be completed by January 1, 2006, but staff has been unable to obtain confirmation from Iowa on whether changes have been made.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060365) to our 6/2/2006 request for an update, which indicated that: Iowa does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but Iowa has expressed the intent to work with the State Child Care Advisory Council on revising its regulations to incorporate Safety Board recommendations. The review and revision of regulations were to be completed by January 1, 2006, but staff has been unable to obtain confirmation from Iowa on whether changes were made.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 2/7/2005
Response: The Safety Board notes that Iowa does not currently have any of the recommended requirements listed above in place, but that Iowa's Department of Human Services will be working with the State Child Care Advisory Council (Council) to revise transportation regulations. The Board also notes that these recommendations will be shared with the Council and will be used as background material to develop recommendations for policy. Iowa indicates that it plans to complete the review and revisions by January 1, 2006. Please provide us a copy of the revised transportation regulations for child care centers once this action has been completed. Given Iowa's positive indication that it will work to develop regulations in this area and pending receipt of Iowa's revised transportation regulations, Safety Recommendations H-04-8, -9, -12, and -14 are classified "Open--Acceptable Response." If the Board can provide assistance to the Council in these efforts, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.

From: State of Iowa, Department of Human Services
To: NTSB
Date: 7/14/2004
Response: Letter Mail Controlled 7/20/2004 2:46:30 PM MC# 2040427 The Department will be working with the State Child Care Advisory Council to redraft the transportation regulations. Your letter and my response letter will be shared with the Council as part of the background material that will be provided to develop recommendations for policy. Once we have a recommendation from the State Child Care Advisory Council, we will start the rule making process. This process in Iowa is a six-month process that allows for public input. Rules are adopted by the policy making body for the Department, which is the Council on Human Services. In addition, all proposed rules are reviewed by the Iowa Legislature's Administrative Rules Review Committee before they can become effective. Proposed rules can be found under the publication section of our website, http://www.dhs.state.ia.us. Iowa's child care center licensing laws and regulations do not include the following four recommendations addressed in your letter: · Use of vehicles built to school bus standards or of multifunction school activity buses. · A regular vehicle maintenance and inspection program. · Pre-employment, random, post-accident, and "for cause" drug testing for all child care transportation providers and the prohibition of anyone who tests positive for drugs from transporting children. · A requirement that child care vehicles be labeled with the child care center's and oversight agency's name and phone numbers.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 9/4/2014
Response: Has or will Alaska take action to prohibit the use of nonconforming buses for transportation to and from school-related activities and for other transportation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: For the nine states (AK, CA, CT, NE, NM, ND, OK, VA, and WI) that allow the use of nonconforming buses and have not taken action in recent years to implement the recommendation, Safety Recommendation H 04 8 is classified OPEN—UNACCEPTABLE RESPONSE.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Alaska does not allow child care centers to transport children to and from school in nonconforming buses, but does allow their use for transportation to and from school-related activities and for other transportation. Alaska is still considering regulatory action to address this issue.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 7/28/2008
Response: Letter Mail Controlled 8/12/2008 3:54:55 PM MC# 2080480: Would need to be addressed by the Department of Administration, Division of Motor Vehicles. We have forwarded a copy to them for their direct response.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 6/16/2008
Response: Letter Mail Controlled 6/19/2008 9:40:18 AM MC# 2080337 -From Cindy Cashen, Administrator, Alaska Highway Safety Office: Alaska does not require child care center to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but Alaska is considering regulatory action to address this issue.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Alaska does not allow child care centers to transport children to and from school in nonconforming buses, but does allow their use for transportation to and from school-related activities and for other transportation. It is considering regulatory action to address this issue.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060408) to our 6/2/2006 request for an update, which indicated that: Alaska does not allow child care centers to transport children to and from school in nonconforming buses, but does allow their use for transportation to and from school-related activities and for other transportation. According to MC 2060408, Alaska is considering regulatory action to address this issue.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 8/15/2006
Response: Letter Mail Controlled 8/17/2006 3:06:15 PM MC# 2060408: Alaska does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses), but Alaska is considering regulatory action to address this issue.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 7/28/2005
Response: The Safety Board notes that Alaska does not require child care programs to use vehicles built to school bus standards when transporting children, nor are child care transportation vehicles required to be labeled as recommended. The Board further notes that the Division of Public Assistance's Child Care Program Office has been directed to review the above recommendations and consider regulatory action that may be needed. The Board would like to know whether the Child Care Program Office has taken action to date to require (1) child care programs to use vehicles built to school bus standards when transporting children and (2) child care transportation vehicles to be labeled with the child care center's and oversight agency's names and phone numbers. Pending receipt and review of this information, Safety Recommendations H-04-8 and -14 are classified "Open--Acceptable Response." If the Board can provide assistance to the Child Care Program Office in these efforts, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 6/24/2004
Response: Letter Mail Controlled 7/13/2004 9:07:03 AM MC# 2040403 At the current time, Alaska does not require vehicles used to transport children to and from childcare to be built to school bus standards, (H-04-8) nor does it require that child care vehicles be labeled with the child care facility's and oversight agency's names and phone numbers: (H-04-14) I have directed the Division of Public Assistance Child Care Program Office to review these recommendations and consider regulatory action to address any deficits in the state's authority to monitor the transportation of children in child care.

From: NTSB
To: District of Columbia, Department of Health
Date: 9/4/2014
Response: Has or will the District of Columbia take action to enact this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: District of Columbia, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: The District of Columbia does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses); it has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: District of Columbia, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: The District of Columbia allows child care centers to transport children to and from school and school-related activities in nonconforming buses. The District has not provided information on whether it has any restrictions on what vehicles child care centers can use or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: District of Columbia, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. The District of Columbia allows child care centers to transport children to and from school and school-related activities in nonconforming buses. Staff has been unable to determine whether the District has any restrictions on what vehicles child care centers can use or whether the District considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 9/4/2014
Response: Has Oklahoma taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: For the nine states (AK, CA, CT, NE, NM, ND, OK, VA, and WI) that allow the use of nonconforming buses and have not taken action in recent years to implement the recommendation, Safety Recommendation H 04 8 is classified OPEN—UNACCEPTABLE RESPONSE.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Oklahoma does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Oklahoma previously reported that it determined that about one-third of licensed child care centers use 15-passenger vans, and very few insurance companies have placed any stipulations on the use of these vehicles. Oklahoma mailed to all licensed child care centers an information letter that included Safety Board recommendations regarding the use of vehicles not built to school bus standards or acceptable alternatives. It also shared the Board's recommendations with the Child Care Advisory Committee for consideration in any revisions to licensing requirements. Oklahoma did not enact applicable legislation in 2007 or 2008.

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 9/2/2008
Response: Letter Mail Controlled 9/3/2008 2:20:08 PM MC# 2080536: The agency with jurisdiction over this matter is the Oklahoma Department of Human Services. To the best of our knowledge no legislation was passed in the last session to address this area. Attempts to meets the standards of 49, CFR, Part 571 should be addressed to the Oklahoma Department of Human Services. The point of contact with that agency is Mitzi Lee at (405) 421-2556.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Oklahoma does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). It determined that about one-third of licensed child care centers use 15-passenger vans, and very few insurance companies have placed any stipulations on the use of these vehicles. Oklahoma mailed to all licensed child care centers an information letter that included Safety Board recommendations regarding the use of vehicles not built to school bus standards or acceptable alternatives. Oklahoma shares the Board's recommendations with the Child Care Advisory Committee for consideration in any revisions to licensing requirements.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060598) to our 6/2/2006 request for an update, which indicated that: Oklahoma does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Oklahoma determined that about one-third of licensed child care centers use 15-passenger vans, and very few insurance companies have placed any stipulations on the use of these vehicles. Oklahoma mailed to all licensed child care centers an information letter that included Safety Board recommendations regarding the use of vehicles not built to school bus standards or acceptable alternatives. Oklahoma shares the Board's recommendations with the Child Care Advisory Committee for consideration in any revisions to licensing requirements.

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 8/16/2006
Response: Letter Mail Controlled 12/19/2006 9:13:50 AM MC# 2060598: Information regarding the National Transportation Safety Board was shared with the Child Care Advisory Committee which voted to form a revisions subcommittee to consider transportation revisions. A revision subcommittee was formed January 2005. This subcommittee consisted of 23 members including representatives from each type of facility licensed within the state of Oklahoma, (family child care homes, child care centers, part-day children’s programs, school-age programs, and residential child care programs), Safe Kids Coalition (injury prevention group of Oklahoma), Highway Safety Office, Oklahoma Early Child Care Association, Oklahoma State Department of Health and Oklahoma Division of Child Care licensing representatives. This subcommittee met for six months reviewing information and formalizing the revised requirements. The subcommittee addressed transportations safety issues through the following revisions of licensing requirements: 0 Vehicle maintenance 0 Proper child passenger restraint 0 Air bag safety 0 Increase the age of all drivers to 21 years of age 0 Driver training for certain types of vehicles

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 4/12/2005
Response: Your letter reports that Oklahoma requires that vehicles used to transport children comply with all State laws. The Safety Board notes that (1) the child care licensing staff in Oklahoma surveyed all child care centers and determined that approximately one-third of the licensed child care centers in Oklahoma are using 15-passenger vans and (2) very few insurance companies have placed any stipulations on the use of these vans. The Safety Board also notes that, because of safety concerns, an information letter was mailed to all licensed child care centers, disseminating our safety recommendations regarding the use of vehicles not built to school bus standards, and that the Oklahoma Department of Human Services' Division of Child Care will share this information with the Child Care Advisory Committee for it to consider in a revision to licensing requirements. Pending revisions of licensing requirements as discussed above, Safety Recommendation H-04-8 is classified "Open--Acceptable Response."

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 7/13/2004
Response: Letter Mail Controlled 7/19/2004 11:47:15 AM MC# 2040420 Oklahoma currently provides oversight for child care transportation through state licensing requirements that include: · The vehicle and operator of a vehicle used to transport children are in compliance with all application state laws. The child care licensing staff in Oklahoma have surveyed all child care centers to determine if they use 15 passenger vans in transporting children, if their insurance companies have placed any stipulations on their use of these vans, and if any modifications have been made to the van due to safety concerns. If was determined that approximately 1/3 of the licensed child care centers in Oklahoma are using 15 passenger vans and that very few insurance companies have placed any stipulations on the use of these vans. Due to the safety concerns, an information letter will be mailed to all licensed child care centers. The letter includes the safety recommendations from the National Transportation Safety Board regarding the use of vehicles built to school bus standard (see attached). The Oklahoma DHS Division of Child Care will also share this information with the Child Care Advisory Committee for the consideration of a revision to licensing requirements. We will notify you of changes made in the future.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 9/4/2014
Response: Has Louisiana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 9/4/2014
Response: Has or will Kentucky take action to enact this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Louisiana does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses); it has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Louisiana does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). It did not take legislative action in 2006. Louisiana has not provided information on whether it considered applicable legislation or regulations in 2007.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060312) to our 6/2/2006 request for an update, which indicated that: Louisiana does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). According to MC 2060312, the State did not take legislative action in 2006. Staff has been unable to determine whether Louisiana considered applicable regulations in 2005 or 2006.

From: State of Louisiana, Department of Social Services
To: NTSB
Date: 6/26/2006
Response: Letter Mail Controlled 7/5/2006 11:21:45 AM MC# 2060312: No legislative action taken.

From: State of Colorado, Department of Human Services
To: NTSB
Date: 12/1/2014
Response: -From Darrell S. Lingk, Director, Office of Transportation Safety, Colorado Department of Transportation, Colorado Governor’s Highway Safety Coordinator (designee): Colorado does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Colorado’s requirements for vehicles are: 1. Any vehicle used for the transportation of children to and from the center or during center activities must meet the following requirements: a. The vehicle must be enclosed and have door locks. b. The seats of the vehicle must be constructed and installed according to the vehicle manufacturer's specifications. c. The vehicle must be kept in satisfactory condition to assure the safety of occupants. Vehicle tires, brakes, and lights must meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division. d. Seating must be comfortable with a seat of at least 10 inches wide for each child. Code of Colorado Regulations 54. 2. In passenger vehicles, which include automobiles, station wagons, and vans with a manufacturer's established capacity of 16 or fewer passengers and less than 10,000 pounds, the following is required: a. Each child must be restrained in an individual seat belt. b. Two or more children must never be restrained in 1 seat belt. c. Lap belts must be secured low and tight across the upper thighs and under the belly. d. Children must be instructed and encouraged to keep the seat belt properly fastened and adjusted. 3. In vehicles with a manufacturer's established capacity of 16 or more passengers, seat belts for passengers are not required. No information was provided by the Colorado Department of Human Services on action(s) taken to enact this recommendation.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 9/4/2014
Response: Has Colorado taken action to enact this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Colorado, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Colorado does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses); it has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Colorado does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Colorado has not considered applicable legislation or regulations in 2006, and it has not provided information on whether it considered applicable legislation or regulations in 2007.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060338) to our 6/2/2006 request for an update, which indicated that: Colorado does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). According to information received subsequent to Colorado's annual letter, Colorado has not considered applicable legislation or regulations in 2005 or 2006.

From: State of Colorado, Department of Human Services
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/17/2006 2:33:55 PM MC# 2060338: Colorado does not require an oversight program for child care trasnportation. No action is planned at this time.

From: State of Alabama, Department of Human Resources
To: NTSB
Date: 12/11/2014
Response: -From Bill Whatley, Public Safety Unit Chief, Law Enforcement and Traffic Safety Division, Alabama Department of Economic and Community Affairs: No legislation was introduced to implement this program.

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 9/4/2014