Henan Province Implement The Measures For The School Bus Safety Regulations

Original Language Title: 河南省实施《校车安全管理条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399460.shtml

Henan province implement the measures for the school bus safety regulations

    (January 10, 2014 21st Executive meeting of the Henan provincial government through January 28, 2014 162th promulgated by the people's Government of Henan province as of March 15, 2014) first to strengthen school bus safety management, ensure the safety of riding the school bus students, according to the school bus safety regulations and related laws and regulations, combined with the facts of the province, these measures are formulated.

    Second school bus safety management within the administrative area of the province and other activities, these measures shall apply.

Third school bus in these measures refers to, in accordance with the school bus safety regulations on licensing, 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. The fourth people's Governments above the county level shall, in accordance with the administrative compulsory education the number of students and distribution of factors such as the law, reasonable adjustments to school (teaching) planning, coverage of students enrolled or in the boarding schools, reduce the risk of the transportation of students to and from school.

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

Fifth people's Governments 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, the people's Governments above the county level shall take measures to guarantee bus service students receiving compulsory education. Sixth people's Governments above the county level shall establish a multi-channel mechanism for raising funds for the school bus, and through financial support, encourage donations and other means, in accordance with the provisions of the service supports the use of busing students.

    Bus service supports tax incentives in accordance with national regulations.

    Seventh to encourage road passenger transport enterprises, urban public transport company provides bus service, advocating conditional renewal of place through the establishment of specialized operating units or services such as Government buying operating companies towards school bus operation management specialization and intensification.

Eighth people's Governments above the county level to administrative areas of school bus safety management responsibility, government management of school bus safety Coordinator coordinated school bus safety management work in their respective administrative areas.

    Education, public security, the people's Governments above the county level transportation, work safety supervision and management departments in accordance with the school bus safety regulations, the provisions of these measures as well as the people's Governments at the corresponding level, carrying out school bus safety management responsibilities. Nineth people's Governments above the county level shall safeguard the nearest school, full use of public transport on the basis of, organizations related to education, public safety, transportation and other sectors, according to the level of local economic development, and school bus services and road traffic conditions and other factors, make reasonable and feasible programme of school bus services.

    School bus services should be made through the proper way to listen to the opinions of the masses.

Bus service the tenth programme shall include the following basic elements:

(A) the school bus service levels and service standards;

(B) the school bus business model;

(C) the school bus service financing mechanisms, financial support, the Government's security measures;

(D) school bus services time and concrete steps of programme implementation;

    (E) traffic safety programme during the transition period.

11th people's Governments above the county level shall perform the following school bus safety education sector management responsibilities:

(A) the law, reasonable adjustments to school (teaching) planning, coverage of students enrolled or in the boarding schools, reduce the risk of the transportation of students to and from school;

(B) bus service involved in the formulation and implementation of programmes;

(C) responsible for school bus use permit applications receiving, distributing, reviewing and reporting work;

(D) to guide and supervise the school establish and improve school bus safety management system, implementation of school bus safety management responsibilities;

    (E) the school traffic safety education and school bus safety accident emergency drills.

12th security departments above the county level shall perform the following functions of school bus safety management:

(A) participate in the formulation and implementation of school bus services;

(B) views on the school bus license application is made in accordance with law, is responsible for the issuance and collection of signs on the school bus;

(C) responsible for school bus drivers eligible to receive, review and recognition, as well as school bus driver testing and school bus safety inspection work;

(D) is responsible for maintaining traffic order of the school car line, strengthen the supervision and inspection of school bus runs, to investigate and punish the school bus road traffic safety violations;

    (E) cooperation with the education sector school traffic safety education.

13th people's Governments above the county level shall perform the following functions of school bus safety management in the transport sector:

(A) participate in the formulation and implementation of school bus services;

(B) views on the school bus license application is made in accordance with law;

(C) establish and supervise the enterprises of vehicle maintenance and the implementation of school bus maintenance quality assurance system;

    (D) enhance access to road transport operators license school bus service providers regulation, to investigate and punish made road transport business licenses of enterprises or individual operators of related offences.

    The 14th Government work safety supervision and management departments at or above the county level shall be responsible for consolidated supervision of school bus safety management work, shall organize or be involved in a school bus accident investigations.

    The 15th provincial cities and counties (cities, districts), education, public safety, transportation, work safety supervision and management departments should establish and improve school bus safety information-sharing mechanism to inform the school bus safety violations, traffic accidents and other work.

16th equipped with school bus and school bus service providers shall perform the following functions of school bus safety management:

(A) establish and improve school bus safety management system, the establishment of school buses and school bus driver files;

(B) the safety management and vehicle care workers, strengthening the safety supervision and management of school bus operation;

(C) in accordance with the relevant technical specifications, enhance the safety of school bus maintenance, ensure that school buses are in good technical condition;

    (Iv) regular school bus driver safety education, organizing school bus drivers learn road safety laws and regulations as well as safety, emergency and first-aid knowledge, protect students on school bus safety. 17th the school bus service providers provide school bus services, school bus service and provider responsibility of school bus safety management.

School bus safety management responsibility shall include the following information:

(A) basic statistics on school buses and school bus drivers;

(B) assigned by the school or the school bus service providers as cars care workers;

(C) make clear management responsibility for the safety and school bus service providers and implementation of school bus safety management measures.

    Schools shall, according to the affiliated school bus safety management responsibility for cities or counties (cities, districts) Education Department.

18th school bus shall, in accordance with the provisions of the regulations on school bus safety obtain use permits.

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.

The 19th school service providers apply for and obtain a school bus or school bus license, should be in accordance with the reporting relationship to the local municipalities or counties (cities, districts) Education Department to submit a written application and the following materials:

(A) the identity of the owner of the vehicle;

(B) the motor vehicle registration certificate;

(C) the motor vehicle driving license;

(D) school bus safety and technical inspection certificate;

(E) includes the line, running time and reasonable and practical school bus stops running programs;

(F) the school bus driver of motor vehicle driver's license;

(G) the school bus safety management systems;

    (H) motor vehicles liability insurance certificate.

    20th provincial cities or counties (cities, districts) Education Department shall receive school bus license applications and supporting materials within 3 business days of the date, sent public security organs at the same level of traffic management, traffic and Transport Department for comment.

21st provincial cities or counties (cities, districts) public security organs traffic management agency of the Government after receiving the education sector to consult documents, shall, in accordance with the following procedure:

(A) notify the applicant within 1 business day inspection of motor vehicles; (B) since the applicant confirmation within 2 business days from the date of inspection of motor vehicles motor vehicles, inspection of school bus signs, parking signs, satellite positioning devices and escape hammer, dry powder fire extinguishers, first aid kits, safety equipment, lines, and time auditing and stops. Belonging to the special school bus, also examine bus appearance identification.

Review of the vehicle owner's identity, motor vehicle driving certificate, school bus safety inspection certificate run programmes, school bus drivers, school bus into a motor vehicle driver's license.

    Police traffic Administration Department shall receive the Education Department consulted materials within 3 business days of the education sector responses, but the applicant is not required except for the inspection of motor vehicles.

    22nd provincial or County (city, district) people's Governments shall receive the education sector of the transport sector consultation materials within 3 business days from the date the review of school bus operation and to the education sector responses.

23rd provincial or County (city, district) people's Government departments of education, public security organs traffic management sector, the transport sector should be to site the school car line.

    School bus route 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 limit signs, warning signs, creating good road conditions for the school bus.

24th municipalities or counties (cities, districts) Education Department shall receive a reply within 5 working days from the date the review opinion, reported the people's Governments at the corresponding level. Level people's Governments shall, from the date it receives the education sector review within 10 business days whether or not to approve the decision.

    Decided to approve, by the public security organs traffic management department within 5 working days since the date of approval to the school bus signs, and endorsement on a motor vehicle driving license school bus type and number of nucleus contains; approved, shall state the reasons in writing.

    25th prohibits the use of vehicles without a school bus signs provide school bus services.

    Article 26th has made school bus signs, vehicle scrapping standard or are no longer used as a school bus, school or a school bus service providers should dismantle school bus signs, parking signs, elimination of school bus appearance identification and officer signs back to the public security organs traffic management departments.

27th special school bus shall from the date of registration of a safety inspection every six months, non-special school bus shall, after obtaining a school bus signs a safety inspection every six months. School bus signs shall not exceed the license validity period the validity period.

    Signs expiration date of the validity period on the school bus and school bus safety inspection due date of the validity period.

    28th all of motor vehicles, motor vehicles, motor vehicle drivers, changes in school bus program, cities or counties (cities, districts), after approval, shall, in accordance with provisions to receive school bus signs.

    29th public security organs traffic management Department shall monthly officer signs the issuance, change and recover information, such as the people's Governments at the corresponding level for the record and inform the Education Department.

Article 30th motor vehicle driver shall, in accordance with the provisions of the school bus safety regulations make driving a school bus.

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, age above 25 years, not more than 60 years of age;

(B) within the last 3 consecutive cycle not keep a perfect record;

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

(D) no drink for drink driving or motor vehicle record for drunken driving and non-driving passenger vehicles within the last 1 year 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.

31st motor vehicle drivers apply for and obtain a school bus driver qualifications, shall, in accordance with the school's affiliation to the local municipalities or counties (cities, districts) public security organs traffic management agency of the Government to submit a written application and the following materials:

(A) the identity of the applicant;

(B) the motor vehicle driver's license;

(C) the household issued by the people's Governments at the County Public Security Department has no criminal records, drug behavior;

(D) at or above the regimental level medical certificate of evidence of physical conditions.

    Police traffic Administration Department shall within 5 working days from the date of receipt of application materials review has been completed, eligible, on motor vehicle driver's license endorsements allowing drivers of school buses and the corresponding models, and inform the education sector does not meet the criteria, and shall state the reasons in writing.

32nd school bus drivers have one of the following circumstances, the public security organs traffic management departments should log off their school bus driver qualifications, motor vehicle drivers notice for renewal of motor vehicle driver's license, and inform the education departments and schools:

(A) submit a cancellation application;

(B) age more than 60 years of age;

(C) cause death or serious bodily injury in traffic accident responsibility;

(D) driving under the influence or drunk driving and driving passenger vehicles overcrowding, speeding and other traffic violations;

(E) has a full 12 or criminal record;

(F) infectious diseases, epilepsy, mental illness could jeopardize the traffic safety of disease, alcoholism, drug abuse records.

    Without endorsements of school bus driver's license a motor vehicle driving license, it shall publicize their school bus driver qualifications aside. 33rd 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 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 car 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.

    37th 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 38th of 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, the Transportation Department 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, between 5000 and 2000 Yuan Yuan fine.

    39th motor vehicle driver license without a school bus driving school buses, by the public security organs traffic management between 3000 and 1000 Yuan Yuan fines in serious cases, may be revoked driver's license.

    40th school buses manned more than the authorized number, detained by the public security organs traffic management departments to eliminate illegal state vehicles, and in accordance with the road traffic safety laws and regulations shall be given a heavier punishment.

41st care workers these measures are not in accordance with the provisions of article assigned students with full care ride on the school bus, by the public security department ordered corrective action and may be fined 500 Yuan.

    Truck-care workers failed to carry out the duties as provided herein, by the school or the school bus service providers shall order rectification refuses, be disciplined or dismissed.

    42nd article school bus license schools, school bus service provider in violation of this regulation, if the circumstances are serious, the original licensing decisions of cities or counties (cities, districts) people's Government can revoke a school bus license, by the public security organs traffic management departments to recover the school bus signs.

    43rd the people's Governments 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 actions constitute a crime, criminal responsibility shall be investigated according to law.

    44th article of education, public security, transport, work safety supervision and management departments and their staff, such as failing to discharge the responsibilities of school bus safety management, responsible leaders and persons directly responsible shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

45th people's Governments above the county level shall plan layout in 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, observe the school bus safety regulations and these regulations.

Article 46th after the implementation of the present measures, special school bus to transport pupils, young children can not meet the demand, made before September 1, 2016 and you can use the school bus signs of other passenger motor cars. New to transport pupils, children must be in accordance with the national standard of special school bus.

    Existing non-special school bus during the transition period should be gradually replaced by private school bus in line with national standards. 47th article of the rules take effect on March 15, 2014.