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Jacob's Law and You

Jan. 19 2021 News By Terri Frankin

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Jacob's Law

If you are in any school or other school related business, you need to know and fully understand "Jacob's Law." Jacob's Law was created in 2004 after a child was killed in a terrible accident. It was brought forth to protect our children from ever being harmed again in a bus related accident. If you are unfamiliar with Jacob's Law, you could be putting yourself in a situation of great liability. Your insurance provider will cover vehicle damage. However, it will not cover punitive damages. That is why you need to become familiar with this law. 

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  • Effective July 1, 2000, any entity transporting preprimary, primary, or secondary school students to or from school, school related activities, or child care, and utilizing a vehicle defined as a “school bus” under 49 U.S.C. Section 30125, as defined on April 5, 2000, must transport these students in a vehicle meeting federal school bus safety standards, as contained in 49 U.S.C. Section 30101, et seq., or any successor statutes, and all applicable federal regulations. Nothing in this section prohibits the transportation of children to or from child care in nonconforming vehicles by a State of South Carolina human service provider or public transportation authority as long as each child is accompanied by a parent or legal guardian whose transportation is in connection with his work, education, or training.
  • Notwithstanding subsection (A) of this section, any vehicle that is purchased before July 1, 2000, and is utilized to transport preprimary, primary, or secondary students to or from school, school related activities, or child care is not subject to the requirements contained in subsection (A) of this section until July 1, 2006. A vehicle that is purchased on or after July 1, 2000, and is utilized to transport preprimary, primary, or secondary students to or from school, school related activities, or child care is subject to the requirements contained in subsection (A) of this section once the vehicle is utilized for those purposes.
  • Before July 1, 2006, nothing in this section may be construed to create a duty or other obligation to cease utilizing nonconforming vehicles purchased before the effective date of this act.
  • To facilitate compliance with the provisions contained in this section, any entity contained in this section may purchase conforming vehicles under the State of South Carolina contracts for purchase of these vehicles.
  • Nothing in the section prohibits the transportation of students by common carriers that are not exclusively engaged in the transportation of school students or by the entities subject to this section which own or operate these vehicles. However, the motor carriage used by the common carrier or entity to transport students must be designed to carry thirty or more passengers.

It is very important to your business, but more important, it is important to the children that you are transporting that you know and understand Jacob's Law. If you have any questions regarding this law and how it affects your school related business, give us a call at Palmetto Bus Sales. Not only can we get you there, we can get you there safely.