Church Bus Operation: Insurance, Liability and Responsibility. Pastor Edward H. Cottrell, Jr. FF1st/2nd Class-EMTB-NEVOCI PTLP

Transcription

1 Church Bus Operation: Insurance, Liability and Responsibility Pastor Edward H. Cottrell, Jr. FF1st/2nd Class-EMTB-NEVOCI PTLP

2 Disclaimer What I am presenting is from my experience as an EMS Vehicle Operator/ Instructor, Church Trustee and Bus Operator/ Trainer and Pastor The Material Today will help you evaluate your own Operations and make adjustments you feel are necessary

3 1 Killed 14 Injured July 2015

4 15 Injured July 2015

5 1 dead, 7 injured July 2014

6 8 Killed, 14 Injured In Church Bus Crash On I-40 October 2013

7 The Class is to Minimize THIS 4 Killed 27 Injured Indianapolis July 2013

8 April 2013 My Incident 50 people onboard No injuries or deaths

9 22 Injured Chambersburg PA. June 2011

10 Vans Are Buses Also Gainesville Kentucky 13 Injured June 2010

11 Indy November Church Van 1 dead 12 injured

12 1 driver, 15 Kids, 3 Adults in A Church Van

13 15 Passenger Van

14 FMCSA says If your organization owns its own vehicle and a member of your organization is the driver for group outings, you are considered an Owner/ Operator by the Federal Motor Carrier Safety Administration. You must, therefore, follow all Owner/Operator regulations and laws. If your vehicle is designed to transport 16 or more passengers (including the driver), your driver must possess a Commercial Drivers License (CDL) with a passenger endorsement. Your organization must have a drug and alcohol testing program for its CDL drivers..

15 FMCSA says Your interstate drivers (generally drivers who cross State lines) are subject to qualification standards. Your drivers are subject to limitations on the number of consecutive hours they can drive at a time. Your buses must be systematically inspected, repaired, and maintained to be in safe and proper operating condition.

16 Causes 1 crossing the center line 1 too fast to negotiate a turn 2 inattentiveness 1 over loaded 1 driving on a suspended license for 8 years, DWI and sleepy at start of trip 2 Mechanical Failure

17 What are we Doing?

18 IT Can Happen to YOU Admit it or Not We are called to prepare them for eternity not send them there

19 My Experience Defensive Driving Course X s-80 s Professional Drivers Improvement Course Defensive Driving Instructor 1983 Professional Drivers Improvement 1986 Instructor, CEVO, I & II EVOC, 1999 EVOC 2000, Updates Standby Chauffeurs Classes W/WTFD ; Lifeline Driven/Trained Bus Drivers 1988 till present

20 Am I Incident Free? NO! I ve had 10 incidents over the years 6 in an ambulance/ 3 returning from a run 2 Backing, 1 sitting at a light Went more than 10 years without one That s why we take classes And I do practice what I teach/preach I have had 2 Incidents in a Church Bus

21 My Goal I am here to present to you the tools that can minimize the possibility of you having one of these accidents Hopefully will cause you to seriously evaluate your own program

22 Our Objectives Today What is the Church s Responsibility? What is the Church s Liability? Differences of Van Verses Bus The Bottom Dollar Understand the Basics about the Driver How to run a successful program Should we own a bus or van? Should we Sell our vehicles?

23 Overview The BIG Picture is to Reduce Incidents Reduce Injuries Reduce Vehicular Down time Reduce Insurance Costs Thus a Safer Trip Soft Cost What happens if we do not change how we operate?

24 Drivers and Churches need to understand following Elements for Safer Driving Professional Attitudes Attitude Pitfalls Proper Visual Habits Proper Following Distances Reaction time, Stopping Distance, The Law, Due Regard, Negligence

25 Drivers Objectives Continued Trip Inspections Intersections Adverse Conditions Speed is not our friend

26 Your RESPONSIBILITY for Drivers Convey to Operators that they MUST be able to keep their vehicle under control at all times. That includes under mechanical failure * Church Leaders need to understand their Liability to/for the operator and passengers

27 Bus Accidents are on the Rise We need to minimize this What caused this incident? We did! *

28 Everything Starts with the Driver

29 Driver/Operator Safest Bus Worst Bus Most Expensive

30 Operator Selection How do you select Bus Drivers? * Confirm a Valid CDL Regularly Forget the Good Ol Boy attitude You need to have, in writing, what are the criteria are for Driver selection and maintain continuity

31 Operator Selection Police Background Check $ Driving Record $$ 3yrs Driving, 5yrs acdt Experience Training Medical Conditions $$ 2ys DOT physical Keep a Locked file for each Operator at the Church In the event of failure, the Church is Negligent

32 Driver Responsibility Is the Bus safe for Travel? Operate in safe fashion Is the Bus safe for Travel? Keep all passengers safe on the bus Is the Bus safe for Travel? Upon return prepare vehicle for next Safe User Is the Bus safe for Travel?

33 Maintain Qualifications Keep their License current, be alert to changes in licensing Report ANY Moving violations received Remain physically and mentally fit Participate in training when available

34 Maintain Qualifications Churches must hold them Accountable By requiring them to follow the regulations and providing copies of all documents to the church Fail to do so, results in both being Negligent

35 Church s Responsibility To oversee the program as a whole Comprehensive Maintenance Program Regulations for safe operation One person in charge of Program Provide backing for the operators within a structure, keeping tabs on legal status Safety for all who ride, drive and pass that bus Maintain comprehensive insurance policy and limits

36 Church s Responsibility One person in charge of Program should be qualified to do so. This is their only responsibility Best is being an operator themselves and understand the need for safety and able to enforce it. *

37 Church s Liability RESPONSIBLE for the well being of all that bus comes in contact with. That comes down to dollars and cents Above, all, the life and health of all Good Insurance Do you rent or loan out your vehicles?

38 Church s Liability But you say We do not own a bus or van so this does not apply Do you lease/rent a vehicle for a trip? Who drives? Car Pooling? Are you covered by your church insurance? Property, Liability Coverage Does the leasing company s insurance cover you? Driver s Insurance?

39 Van verses Bus The only difference in liability is size The liability for each person is the sameyou just have more onboard Vans are still high profile vehicles Going from 15 to 12 passenger has dangers Drivers of 12 passenger van should undergo same restriction but can be minus CDL Operating should not at all change

40 The Cost of the Ministry Checklists and Trainings Cost Time and Paper Backgrounds of all Operators Police, BMV, Medical Maintenance of the Vehicle Plates, Mechanic Inspections, Preventive Maintenance Good Comprehensive Insurance

41 So how do we have a successful program? Simple: Be Responsible There are Low or no-cost ways Keep a vehicle log and keep it current. Keep your driver list up to date & on file Only use drivers Listed on insurance Do NOT loan out your bus or van * You can do trips for other organizations just use drivers on your list

42 So how do we have a successful program? Why keep a vehicle log and keep it current? It lists maintenance that has been done Logs that an inspection has been done Shows what trips made Gives the church record of inspections Thus is a legal document

43 So how do we have a successful program? Have backup plans. Annual inspections that meet DOT criteria Regular cleanings (rolling Billboard) Repairs should be done by licensed and bonded repair services. (Major) Have periodic Driver Meetings If having these safeguards in place are too much for your church and budget, then yes don t buy and/or sell your bus.

44 18 Injured December 2013 Driver loses control