What is Jacob's Law? 


Child Care Services

Jacob's Law is a South Carolina state law (56-5-195, SC Code of Laws), which provides: 
 

A.      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.

B.       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.

C.       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.

D.      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.

E.       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.

WHAT KIND OF VEHICLE IS CATEGORIZED AS A BUS? 
Under Federal law, any motor vehicle designed to carry more than 1 driver and 10 persons is classified as a bus.


WHAT CAN YOU DO?

·         Report a Violation. To report a suspected violation, call toll free 1-800-424-9393 or you may contact Office of General Counsel, National Highway Traffic Safety Administration at 1-212-366-9511 or www.nhtsa.dot.gov.

Ask if your child is being transported in vehicles that meet the requirements of the federal law school bus safety standards. If the child is not or if the school is unsure, speak up about the danger that can be encountered."