Risk management is the foundation of a successful transportation program today, without which you face many possible landmines of litigation.  It is important to review each element of your program at least annually.

  

The five minute Trip Inspection should be done by the driver each time a vehicle is removed from its parking spot, whether an owned or non-owned vehicle, and kept on file for at least seven years for liability reasons. This inspection could be the difference in the life or death of someone.

 

   Before your next event take time to have a release form completed for your organization. Today the courts are doing their best to get around release forms. It is therefore, critical to be as specific as possible.  Be sure the one signing the form totally understands what they are signing. The following suggested form can be a start but it should be more specific for particular needs as they are reviewed with your legal advisor for your event before using.  A general statement stating "by signing you are releasing the ….. of all negligence" will not help much, you must be specific about the event and the risk issues.  Quality risk management safeguards that are followed is best instead of depending on a release, it may let you down.

   Risk factors for passengers is a question we are asked from time to time for issues other then adult to child ratios.  What should a ministry review for passengers?

   Owned vehicles present challenges for safety inspections, for a proper vehicle, proper use, proper vehicle maintenance, and qualified driver. Do your procedures and forms meet the challenges and litigations of today with proper safeguards?

   Hired vehicles present issues of vehicle proper use, qualified driver, and maintenance, today, that you can not afford to miss. Does your check list review provide the proper safeguards? Important side issue for this. Since 15 passenger vans are known to be unsafe, allowing them to be used by your organization opens possible risks to the organizational officers, employees and leaders, to litigation, should an accident occur. On August 3, 2004 Ford Motor Company and Enterprise Rent-A-Car Company were sued for this very issue.

   The volunteer vehicle and its driver can present some challenging issues today that can leave your organization in a quicksand of ligation. Are they qualified to drive, is the vehicle maintained, and do they have proper insurance? Do your forms and procedures provide the proper safeguards?  Do not forget all the recreational vehicles people may volunteer to provide for your activities. This is too often over-looked today, causing the organization many issues.

   The risks your ministry faces today in our culture necessitates an approved ministry driver list that you follow.  Should your ministry be presented with legal papers one normal request that is requested is a copy of your approved driver list. Please keep current and file a copy with our office as well.  Normally those with more then two tickets in a 36 months period should not drive, but there are exceptions. Call us if you have questions

   The negelect associated with this area is becoming very critical in the courts today. We urge you to consider using this form as you recruit new drivers for your owned and non-owned vehicles.  Please keep on file for at least seven years. A ditigal copy is fine.  A copy should be returned to our office as well for each added driver.

   For clients this training is offered at no cost.   Non-client fee is $199 plus $5 per person.  Our clients should have your risk manager setup an "Risk Manager Account" for your ministry.  Drivers who taking the course must setup a "Driver Account" for the ministry to receive their risk management credit. For each person completing the training please return their certificate to our office by email for proper ministry credit. 

  

Our value-added service connection to Tesco Bus & Collins Bus can assist you with your next purchase of a church or school vehicle or with a replacement; they offer both New & Used vehicles at a discount. There are vehicle passenger sizes from 8 to 38, either gas or diesel styles, cash purchase, and lease or financing is available. One of their popular vehicles is a 14 passenger vehicle that meets all new Federal Transportation Guidelines and does not  require a CDL to drive. Please click on this link and fill in minimum info to connect to their site to view inventory and possible vehicle types & styles. sttp://www.phelpsfinancial.com/bus

  

GuideOne Center For Risk Management Van Safety site has info that will assist you with your transportion decisions of today. Your organization should also know that since there has been well known, established litigation against the use of 15 passenger vans for human transportation use, any use from this point forward puts your organization, its directors, officers, employees, volunteers, drivers, and other connected persons, at high risk for possible litigation and as well as possible danger of punitive  litigation. Many states have banned their use to haul persons. For other states, use prohibitions are pending, as it is, with the Federal Government.  www.guideonecenter.com/churchandschool/vansindex.htm    related page   www.nasdpts.org/papervans.html