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School Bus Safety Regulations

Original Language Title: 校车安全管理条例

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People's Republic of China promulgated by Decree No. 617

                       
School bus safety regulations of the Executive meeting of the State Council on March 28, 2012 197th passed, are hereby promulgated and, as of the date of promulgation.
                           
Prime Minister Wen Jiabao


The April 5, 2012

School bus safety regulations
  Chapter I General provisions

First in order to strengthen the management of school bus safety, and ensure the physical safety of the students on school transport, this Ordinance is enacted.

School bus referred to in article II of this Ordinance, licence to use is made in accordance with this Ordinance, students receiving compulsory education for transportation to and from school more than 7-seater passenger car.

Shuttle primary special school bus for school bus shall be in accordance with national standards of design and manufacture of primary and special school bus. Local people's Governments at or above the county level shall, in accordance with article III of the administrative areas the number of students and factors such as distribution, formulated, adjusted according to law school planning, coverage of students enrolled or in the boarding schools, reduce the risk of the transportation of students to and from school.

Compulsory education schools and teaching setting, adjustment, should fully hear the views of parents and other interested parties.

Local people's Governments at or above the county level shall take measures, development of urban and rural public transportation, reasonable planning, setting public transport routes and sites that provide convenient for students who need a ride to and from school.

Indeed difficult to guarantee to local schools, public transport cannot meet the need of students to and from school and in rural areas, local people's Governments at or above the county level shall take measures to guarantee bus service students receiving compulsory education. State shall establish a multi-channel mechanism for raising funds for the school bus, and through financial support, tax incentives, to encourage donations and other means, in accordance with the provisions of the service supports the use of busing students. Financial resources needed to support school bus service by the Central Government and local governments to share, and the specific measures formulated by the financial Department of the State Council.

Bus service to support tax preferences, in accordance with the laws and administrative regulations of the tax administration permission set. Fourth State Council of education, public security, transportation, and industry and information technology, quality supervision, inspection and quarantine, work safety supervision and management departments in accordance with the laws and administrative rules and regulations of the State Council, responsible for the management of school bus safety-related work.

The Department of education, public security authorities and the departments concerned under the State Council to establish school bus safety management coordination mechanisms, integrated and coordinated management of school bus safety on major issues and good management of school bus safety.

Article fifth respective administrative areas and local people's Governments at or above the county level to school bus safety management of responsibility, organize relevant departments to develop and implement local economic development services meet the needs of the school bus and school bus services, unified leadership, organize and coordinate the relevant departments to carry out school bus safety management responsibilities. Local people's Governments at or above the county level of education, public security, transport, work safety supervision and management departments in accordance with this Ordinance and the provisions of the people's Governments at the corresponding level, and perform related duties as school bus safety management.

Relevant departments shall establish and improve school bus safety information sharing mechanism.

Sixth the Standardization Department in conjunction with the industry and information technology, public security and transportation departments, in accordance with the applicable requirements of security, economy, development and revision of school bus safety standards.

Production of bus enterprises shall establish and perfect the quality guarantee system, to ensure that the production (including modification, the same below) school bus with the school bus safety standards do not meet the standards, not factory and sales. Article seventh student school traffic safety is the Government, schools, social and family responsibilities.

Various sectors of the community school bus pass should be facilitated to help guarantee safety on the school bus.

Article eighth of County and district municipal people's Government, education, public safety, transportation, work safety supervision and management departments and telephone hotlines and information network should be set up, convenient for people to report acts in violation of school bus safety regulations.

Complaint Department shall promptly handle; to report do not belong to the management responsibilities of the Department, shall be promptly forwarded to the Department.
  Chapter II school and school bus service providers Nineth schools can be outfitted with a school bus.

Road passenger transport enterprises, established by law of urban public transport enterprises, set up under local people's Governments at or above the county level and school bus operators to provide bus service.

Local people's Governments at or above the county level according to the actual situation of the region, can develop management approaches, the Organization shall obtain the road passenger transport license individual operators to provide bus service.

Tenth equipped with school bus and school bus service providers should establish and improve school bus safety management systems, safety management, enhance the safety of school bus maintenance, safety education for school bus drivers on a regular basis, organizing school bus driver traffic safety laws and regulations as well as safety, emergency and first-aid knowledge, protect students on school bus safety.

11th bus service provided by school bus service providers, school bus service and provider responsibility of school bus safety management, clear management responsibility for their security, and implementation of school bus safety management measures.

Schools should school bus safety management responsibility of County or municipal district people's Government education administration departments.

12th school traffic safety education for teachers, students and their guardians, talks to students on school bus safety by knowledge and school bus safety accident emergency response skills, and school bus safety emergency drills are regularly organized. Student guardianship of guardian shall fulfil his obligations, suit or school bus service providers, school bus safety management.

Students ' guardians shall refuse to use do not meet the safety requirements for vehicles transporting students to and from school. 13th local people's Governments at or above the county level educational administrative departments shall guide and supervise the school establish and improve school bus safety management system, implementation of school bus safety management responsibility, organizing road safety education in schools.

Public security traffic Administrative Department shall coordinate with the administrative departments of education school traffic safety education.
  Chapter III the school bus license

14th use the school bus shall, in accordance with the provisions of this Ordinance authorization.

Obtain a school bus use permit shall comply with the following conditions:

(A) compliance with school bus safety standards, motor vehicle inspection certificate and register in the public security organs traffic management sector;

(B) obtain license school bus driver;

(C) include lines, running time and reasonable and practical school bus stops running programs;

(D) have a sound safety management system;

(E) the insurance carrier's liability insurance for motor vehicles. Article 15th schools applied for school bus or school bus service providers using license shall be made to the county or municipal district people's Government Administrative Department of education submit a written application and demonstrate that it complies with the conditions specified in section 14th material. Educational administrative departments shall, within 3 working days from the date of receipt of application materials, sent public security organs at the same level of traffic management, traffic and Transport Department for comment, the public security organs traffic management sector and the transport sector shall reply within 3 working days. Educational administrative departments shall receive a reply within 5 working days from the date the review opinion, reported the people's Governments at the corresponding level.

The people's Governments at the corresponding level, approved by decision, issued by the public security organs traffic management school bus signs, and endorsement on a motor vehicle driving license school bus type and number of nucleus contains; were rejected, state the reason in writing.

16th school bus signs shall indicate the car's license plate number, vehicle owners, drivers, driving routes, and time, bus stops and school bus signs licensing unit, matters such as the validity period.

Article 17th school bus signs of vehicles shall be equipped with a uniform school bus lights and stop signs.

School bus does not carry student on-road, may use signs on the school bus, school bus lights and stop signs.

18th prohibits the use of vehicles without a school bus signs provide school bus services.

Article 19th school bus signs vehicle scrapping standard or are no longer used as a school bus, school bus service or provider should officer signs returned to the public security organs traffic management departments.

20th school bus should be a motor vehicle safety inspection every six months. 21st school buses should be equipped with escape hammer, dry powder fire extinguishers, first aid kits and other safety equipment.

Safety equipment should be placed in an easily accessible location, and ensure good performance and effective application.

School buses should be equipped with recording function pursuant to the provisions of satellite positioning devices. 22nd equipped with school buses and school bus service providers shall, in accordance with regulations of the State school bus safety, establishment of secure files, ensure that school buses are in good technical condition.

Does not meet the safety requirements of the school bus shall outage maintenance, eliminate security risks. School buses should be qualified by law made maintenance maintenance.

Take school bus maintenance business enterprises shall, in accordance with the provisions of the maintenance of technical specifications for maintenance of vehicles and transportation departments under the State Council for the maintenance of the school bus to implement quality assurance systems, during the quality guarantee period is responsible for the quality of maintenance on the school bus.
  Fourth chapter school bus driver

23rd school bus drivers should be in accordance with the provisions of this Ordinance for the school bus driver qualifications.

Obtain qualifications for school bus drivers shall comply with the following conditions:

(A) obtain the appropriate type driver's license and have at least 3 years driving experience, over 25 years of age, not more than 60 years of age;

(B) has not been recorded within the last 3 consecutive cycle out of record;

(C) did not cause deaths or serious injuries in traffic accident responsibility records;

(D) no drink driving after drinking or drunk driving records, non-driving passenger vehicles within the last 1 years of overcrowding, speeding and other traffic violations record;

(E) no criminal record;

(F) physical and mental health, non-communicable diseases, not likely to endanger the safety of diseases such as epilepsy, mental illness history, has no record of alcoholism, drug abuse. 24th motor vehicle driver license applied for school buses shall be made to the county or district, the municipal public security traffic management agency of the Government to submit a written application and demonstrate that it complies with the conditions specified in section 23rd materials.
Police traffic Administration Department shall within 5 working days from the date of receipt of application materials review has been completed, conditions, endorsements permitted driving a school bus in the motor vehicle driver's license; does not meet the conditions, grounds of refusal in writing.

25th motor vehicle drivers without driving a school bus, shall drive a school bus.

Prohibition of employment without a school bus driving licence for motor vehicle drivers driving the school bus.

Article 26th school bus driver shall each year public security organs traffic management verification.

27th school bus driver shall comply with road traffic safety laws and regulations, strictly in accordance with the motor vehicle road traffic rules and driving safe driving practices, and civilized driving.
  The fifth chapter school bus safety

28th school bus routes should avoid sharp bends, steep slopes, cliffs, water of dangerous sections; did not steer clear of the road or traffic facilities management and maintenance unit shall, in accordance with the standards for dangerous sections of these settings security facilities, speed limits, warning signs.

Article 29th school bus does not meet the conditions for safe passage on roads after conditions or traffic accidents, local people's Governments shall organize the relevant departments to improve the road safety traffic conditions, eliminate security risks.

Article 30th school buses carrying students shall be in accordance with the provisions of the public security department under the State Council placed the school bus signs, open school bus signs.

School bus carrying students shall abide by the examination to determine the route, in case of traffic control, road construction as well as natural disasters, bad weather conditions or material except such as road traffic accidents. 31st public security organs traffic management departments should strengthen the school car line of road traffic management.

Traffic jams, traffic police command manage school bus carrying students the right of way.

School bus carrying students in special lanes for public transport and other bans on social traffic roads but allow public transport vehicles.

Articles 32nd school buses students shall call at school bus stops; there is no school bus stops sections can be docked at the public transport stop.

Road or traffic facilities management, conservation units shall in accordance with the standards set for the school bus stops notice logos and school bus stops signs, delimit the school bus stops lines. Article 33rd school bus stopped on the road and students should be on right side of the road stops, turn on hazard warning lamps, open parking signs. School bus only lanes in the same direction on the road while docked and rear vehicles should stop waiting for any excess. School bus has more motorway in the same direction on the road to dockable, docking lane school bus rear motor vehicles shall stop on the adjacent motorway and wait for other road motor vehicles shall slow down through.

Behind the school bus stop waiting for a motor vehicle shall not horn or lights urging school bus.

Article 34th manned a school bus shall not exceed the authorized number of shall not for any reason of overcrowding.

Schools and school bus service providers may not require school bus drivers of overcrowding, speeding school bus.

35th running school bus carrying students on a highway shall not exceed 80 km per hour, in other vehicles on the road of no more than 60 km per hour.

Road traffic safety laws and regulations or the maximum road speed signs and lines indicating the maximum speed is lower than prescribed in the preceding paragraph, from its provisions.

School bus carrying students in sharp bends, steep, narrow roads, narrow bridges, as well as driving on ice and snow, muddy roads, or in case of fog, rain, snow, dust, hail and other low visibility weather conditions, maximum speed of not more than 20 km.

Article 36th traffic police for violation of traffic safety laws and regulations of the school bus, you can eliminate violations subject to be released until after completion of student tasks on the school bus to school bus drivers with punishment.

37th public security organs traffic management authorities should strengthen supervision and inspection of school bus runs, to investigate and punish the school bus road traffic safety violations, regular road traffic officer vehicle driver safety violations and traffic incident information copied to the unit to which it belongs and the administrative departments of education.
  The sixth chapter school bus restraint Article 38th equipped school buses, school bus service providers should be designated custody officer with full care ride on the school bus the students.

School bus service providers to provide school bus service, the parties may agree to truck-care workers designated by the school.

Schools and school bus service providers shall truck-care workers to safety education on a regular basis, organization truck-care personnel to study the road traffic safety laws and regulations, emergency and rescue knowledge.

39th truck-care personnel shall perform the following duties:

(A) when the students get on and off, in the car boot, commanding, maintaining the order of and out of the car;

(B) found that no school bus drivers driving, drinking, drunk driving, or serious ill health and school bus overcrowding, such as impediments to traffic safety to stop the school bus line;

(C) by car count the number of students, assist and provide guidance to student safety seat, fasten your seat belts, started the school bus the driver confirm the beckoned after door is closed;

(D) Suppression of student seats in the school bus driving and other dangerous behavior;

(E) to verify the number of students have got off, after making sure that students have all been from the car by car I can from the car.

40th school bus passenger seats shall not assign students to take.

School bus carrying students in the course, prohibits a person from driving, vehicle care personnel were on board.

41st school bus driver before the on-road driving school buses, school buses should be external lighting, braking, steering, tires, safety doors, seats, safety belts and condition check compliance with safety requirements, no school bus driving unsafe roads.

School bus drivers to vehicles not carrying its students come on, not in front of the school bus engines put out to leave the driver's seat. 42nd school bus accident, driver, vehicle care workers should report immediately to the police, set up warning signs.

Bus students to stay in school bus danger, truck-care workers should students have been evacuated to safe areas, and with schools, school bus service providers, students contact the guardian of subsequent issues.
  The seventh chapter legal liability

43rd production, sales did not meet the school bus safety standards for school buses, in accordance with the road traffic safety, product quality law and administrative regulations are punishable.

44th Assembly or reach scrapped the standard vehicle transporting students, collected by public security organs traffic management and mandatory scrap motor vehicle; for drivers between 5000 and 2000 Yuan Yuan fines, cancellation of motor vehicle driver's license; the vehicle owner to a fine of less than 80,000 yuan and 100,000 yuan, with illegal income shall be confiscated.

Article 45th vehicles using the lack of school bus signs provide school bus services, or failure to obtain qualified officers for school bus drivers to drive the school bus, detained by the public security organs traffic management departments of the motor vehicle, fines of between 10,000 yuan and 20,000 yuan, illegal income shall be confiscated.

Made road transport business licenses of enterprises or individual operators, violations of the provisions of the preceding paragraph, outside, in accordance with the provisions of the preceding paragraph, if the circumstances are serious, by the Department of transportation to revoke its business license.

Forging, altering or using forged or altered school bus signs, traffic management by public security organs seized counterfeit or altered school bus signs, detain the motor vehicle, more than 2000 Yuan and fined not more than 5000 Yuan.

46th article does not comply with the requirements for school bus equipped with safety devices, or fails to follow the rules of school bus safety maintenance, traffic management by public security organs ordered corrective action and fined not more than between 3000 and 1000 Yuan.

47th motor vehicle driver license without a school bus driving school buses, by the public security organs traffic management between 3000 and 1000 Yuan Yuan fine, in serious cases, may be revoked driver's license.

48th school bus drivers have one of the following, by the public security organs traffic management department ordered corrective action and may be fined 200 Yuan:

(A) driving a school bus carrying students, in accordance with the provisions placing the school bus signs, open school bus lights, or do not follow the route identified by the audit;

(B) students on the school bus, not in accordance with the provisions in the school bus stops to Park;

(C) school buses are not carrying the students on-road, used school bus signs, bus signs and parking signs;

(D) before the on-road driving school buses, does not check for condition meets the safety requirements on the school bus or school bus driving unsafe roads;

(E) when students are in the school vehicle to vehicle refuelling, or in front of the school bus engine goes out to leave the driver's seat.

School bus driver in contravention of the road traffic safety laws and regulations concerning road traffic rules, traffic management by public security organs shall be given a heavier punishment.

49th school bus drivers violating road traffic safety laws and regulations being punished or road traffic accident, no longer meets the conditions for school bus drivers under this Ordinance, by the public security organs traffic management Department to cancel school bus driver qualifications and endorsements in the motor vehicle driver's license.

50th manned more than the authorized number of a school bus, detained by the public security organs traffic management departments to eliminate illegal state vehicles, and in accordance with the provisions of the road traffic safety law heavier punishment.

51st public security organs traffic management departments deal with road traffic safety violations on the school bus, seizing vehicles according to law, it shall notify the relevant school or transfer students school bus service providers and detained in the State returned immediately after the Elimination of illegal vehicles.

52nd person driving a motor vehicle in violation of this Ordinance, not to avoid school bus, by the public security organs traffic management sector, 200 Yuan fines.

53rd assigned in accordance with the provisions of this Regulation take care of officers with full care ride on the school bus the students, by the public security organ shall order rectification can be fined 500 Yuan.

Truck-care staff failed to carry out the functions stipulated in the Ordinance, by the school or the school bus service providers shall order rectification refuses, be disciplined or dismissed.
Article 54th school bus license schools, school bus service provider in violation of these regulations, if the circumstances are serious, local people's Governments of the original licensing decisions can revoke a school bus license, by the public security organs traffic management departments to recover the school bus signs.

55th article school violation this Ordinance provides of, except in accordance with this Ordinance about provides be punishment outside, by education administrative sector give informed criticism; led to occurred students casualties accident of, on Government held of school of has responsibility of led personnel and directly responsibility personnel law give disposition; on private school by approval organ ordered suspended admissions, plot serious of, revoked its running license, and by education administrative sector ordered has responsibility of led personnel and directly responsibility personnel 5 years within shall not engaged in school management affairs.

56th local people's Governments at or above the county level shall not carry out school bus safety management duties according to law, resulting in major incidents occurred in the administrative area of the school bus safety, responsible leaders and persons directly responsible shall be given disciplinary action.

57th of education, public security, transport, industry and information technology, quality supervision, inspection and quarantine, work safety supervision and management departments and their staff, such as failing to discharge the responsibilities of school bus safety management, leadership and responsible persons directly responsible shall be given sanctions.

Article 58th in violation of the provisions of this Ordinance, of activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

59th school bus accidents occurred, resulting in personal injury or property damage, shall bear the liability for damages.
  The eighth chapter by-laws

60th layout of local people's Governments at or above the county level shall plan the kindergarten, child care near the Park. Kindergarten children should adults commissioned by the guardians or their transfer.

Because of special circumstances not adults commissioned by the guardian or his transfer, you need to use vehicles Shuttle, national standards should be used in accordance with the special school bus design and manufacture special school bus for children, subject to the regulations of school bus safety management regulations.

61st of provinces, autonomous regions and municipalities should be combined with the actual situation of the region, development of the measures for the implementation of this Ordinance.

62nd article of the regulations come into force on the date of promulgation.

Prior to the implementation of the Ordinance has been equipped with a school bus and school bus service providers and their employees of the school bus driver shall, within 90 days of the date of enforcement of this Act, in accordance with the provisions of this Ordinance apply for and obtain a school bus license, school bus driver qualifications. After the enforcement of this Act, special school bus to transport pupils, young children can not meet the demand, in the provinces, autonomous regions and municipalities within the transition period provided can be used to obtain school bus signs other passenger cars.