Grills On Bus Windows, Ban On Employing Drivers With Speeding Challan: MP High Court Issues Guidelines For Safe Travel Of School Children

The Indore Bench of Madhya Pradesh High Court while deciding a batch of public interest litigation pleas issued comprehensive guidelines to be followed for safety and and protection of children traveling in school buses until the State Government amends the Madhya Pradesh Motor Vehicles Rules, 1994.The guidelines includes that school buses will be painted in yellow, will have grills on windows, will have first aid kits and that none of these buses will be more than 12 years old. It also states that institutions shall not employ drivers who has been challaned "even once" for over speeding, drunken driving and dangerous driving.A division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi with regard to the issue of framing of guidelines for safety measures to avoid such type of the incidents in future, the court observed that the State Government enacted Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Vidheyak, 2017 to regulate the fee structure and other related issues in respect of private schools in the State of Madhya Pradesh, in which there is no such provisions for control and management of school buses.The court referred to the amended Chhattisgarh Motor Vehicle Rules, 1994 wherein Rules 76B and 76C were inserted in respect of the conditions for school bus permits and the conditions for permit of vehicles taken on hire by educational institutions for use as school bus. “However, in the State of Madhya Pradesh, no steps have been taken so far to amend local law i.e. the M.P. Motor Vehicles Rules, 1994,” the Court said.Thus, the High Court in this regard decided to frame guidelines for the safety of children travelling in the buses belonging to the private and Government educational institutions, coaching centres, sports academy and local bodies etc. until the State Government makes provisions by way of amendments in the Madhya Pradesh Motor Vehicles Rules. The guidelines are as follows:The following conditions shall be attached to every school bus Permit and every vehicle taken on hire by educational institutions for use as a school bus namely:1. Each school bus shall be painted yellow colour 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 09-inch board strip on the outer side of the school bus on both sides. Each school bus shall be painted yellow colour 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 09-inch board strip on the outer side of the school bus on both sides.2. The buses shall have a horizontal grill fitted on the windows.3. 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.4. Each school bus shall have a first aid kit and fire extinguisher.5. Each school bus shall have an attendant trained in first aid, safety of students and in dealing with emergencies who shall assist students in boarding and de-boarding.6. 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 challanged (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 over speeding, 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 vehicle7. 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.8. Each school bus shall have space to keep school bags under the seat.9. The school buses shall operate within the prescribed speed limit. Each bus shall be fitted with a speed governor.10. Each school bus shall have an emergency door on the right side which shall be closed property and shall be opened only in emergency.11. The doors of the school buses shall be fitted with a reliable locking system.12. No pressure horn shall be fitted in school buses. During operation, at night the school buses shall have blue colour bulbs fitted inside.13. The school buses shall be regularly maintained and cleaned.14. For contract vehicles, a valid fitness certificate under Section 56 of the Motor Vehicles Act, 1988 (No.59 of 1988) shall have to be obtained.15. Each school bus shall have a valid insurance certificate, pollution control certificate and certificate of payment...

Grills On Bus Windows, Ban On Employing Drivers With Speeding Challan: MP High Court Issues Guidelines For Safe Travel Of School Children

Anukriti Mishra

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