The Indore bench of the Madhya Pradesh High Court, comprising Justice Vivek Rusia and Justice Binod Kumar Dwivedi, recently introduced stringent interim guidelines to safeguard the well-being of students commuting to and from school by bus, thus prioritizing their safety and security. The High Court issued guidelines on a batch of Public Interest Litigations (PILs) filed after a tragic school bus accident in Indore on January 5, 2018. The accident resulted in the loss of four students and the driver. While the police and local administration took action, concerned residents and parents approached the High Court seeking measures to ensure the safety of children travelling in school buses.
The government of Madhya Pradesh has already enacted measures to regulate private schools’ fee structures and related issues. However, the High Court held that the current legislation lacks provisions for controlling and managing school buses, and the state has not made any provisions in the Motor Vehicle Act and Rules either. To address this gap, PILs have suggested guidelines for safety measures and prevent such incidents in the future.
Chhattisgarh has taken proactive steps to enhance school bus safety by amending the Chhattisgarh Motor Vehicle Rules, 1994. Specifically, the state has introduced Rules 76B and 76C, which outline conditions for school bus permits and permits for vehicles hired by educational institutions for school use.
While referring to the above, the High Court noted that, however, in Madhya Pradesh, no such steps have been taken so far to amend local law i.e. the Madhya Pradesh Motor Vehicles Rules, 1994. The Rules, framed under the Motor Vehicles Act, 1988, govern the registration of motor vehicles in the state. However, the Court noted that these rules lack specific provisions for the registration, permit and special conditions of school buses, unlike Chhattisgarh. The Court also observed that the Rules deal with the registration of motor vehicles, but doesn’t address the unique requirements of school buses. Therefore, till the state government makes provisions by way of amendments in the Rules, the Court in exercise of powers conferred under Article 226 of the Constitution for the safety of children travelling in the buses belonging to the private and government educational institutions, coaching centers, sports academy and local bodies etc., deemed it appropriate to issue guidelines which apply to every school bus permit and every vehicle taken on hire by educational institutions for use as a school bus. The guidelines are:
- Each school bus shall be painted yellow and “School Bus” or “’On School Duty”, as the case may be, written on the front and rear of the vehicle. The name, address and telephone/mobile number of the vehicle in charge of the school shall be written on a nine-inch board strip on the outer side of the school bus on both sides.
- The buses shall have a horizontal grill fitted on the windows.
- Coloured films on glasses and curtains shall not be used on the windows of the school buses. Security glasses as provided in Rule 100 of the Motor Vehicle Rules, 1989 shall be used.
- Each school bus shall have a first-aid kit and fire extinguisher.
- Each school bus shall have an attendant trained in first-aid, safety of students to deal with emergencies, and who shall assist students during boarding and deboarding.
- The school buses shall be operated by drivers who have held permanent driving licenses and have a minimum of five years of experience in driving heavy vehicles. Such drivers will not be employed who have been challaned (fined) on more than two occasions in one year for offences like violating the lane system, violating signal lights or allowing an authorized person to enter. A driver who has been challaned even once for the offence of overspeeding, drunken driving and dangerous driving shall not be employed. An affidavit to this effect shall be obtained by the educational institution from the driver of the vehicle.
- Other than students, the school bus is permitted to carry only guardians of students or teachers of educational institutions who may travel to check safety norms. No other person shall be allowed to travel in such buses.
- Each school bus shall have space to keep school bags under the seat.
- The school buses shall operate within the prescribed speed limit. Each bus shall be fitted with a speed governor.
- Each school bus shall have an emergency door on the right side which shall be closed property and shall be opened only in emergency.
- The doors of the school buses shall be fitted with a reliable locking system.
- No pressure horn shall be fitted in school buses. During operation at night, the school buses shall have blue colour bulbs fitted inside.
- The school buses shall be regularly maintained and cleaned.
- For contract vehicles, a valid fitness certificate under Section 56 of the Motor Vehicles Act, 1988, shall have to be obtained.
- Each school bus shall have a valid insurance certificate, pollution control certificate and certificate of payment of taxes.
- No school bus shall be more than 12 years old.
- In the case of auto-rickshaws personally engaged in the transportation of students to schools, not more than four persons including the driver can be seated.
- The Regional Transport Officer, Dy. SP/CSP Traffic of each and every district in the state shall be responsible for the proper implementation of the provisions of the Motor Vehicles Act, the MP Motor Vehicles Rules and the aforesaid guidelines.
- Every Principal of government and the management/owner of private school management shall appoint/nominate/authorize any senior teacher/staff member as Vehicle Incharge to monitor the registration, condition, safety norms and route of the school buses, and in case of any violation, he/she shall be responsible along with the school management.
- Every “School Bus” or “On School Duty’ shall have a GPS tracking system and a CCTV camera so that the vehicle can be tracked and viewed by the parents through the mobile app.
- Every school management shall depute a male/female teacher, as the case may be, who shall travel along with the students in the bus from the first till the last stoppage of the route.
- There shall be regular medical check-ups for the drivers and conductors and also monitoring of their criminal activities.
The High Court also directed the Principal Secretary, State Education Department, Collector, and Superintendent of Police of each district to publicize and ensure strict compliance with the newly issued school bus safety guidelines. These guidelines will remain in effect until the government of Madhya Pradesh updates the MP Motor Vehicles Rules, 1994.
—By Shivam Sharma and India Legal Bureau