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What legal right does a private school bus company have to…

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What legal right does a...

What legal right does a private school bus company have to place 3 children instead of 2 on a standard school bus seat. Thanks! XXXXX

Submitted: 11 years ago.Category: Canada Law

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11/22/2010

Lawyer: Debra, Lawyer replied 11 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 142,365

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What did the Ministry say?

What did the company say?

Is this for public school or private school?

Are you paying for this through the school?

What does the contract and literature say about this?

Customer reply replied 11 years ago

Hello,
I attached part of the letter I wrote to the Minister, the school and the bus company (southland). This is a public school, we pay for the bus system through our taxes whether we use the system or not. When I phoned the company they told me they were allowed to have 3 students per seat if they were in grade 6 or under. . I asked why they were allowed and the office person told me it was legal. This is when i sat down and wrote a letter. Some bus drivers I talked to said they were told it was OK, others said they do not put 3 children to a seat and did not know they could. I have not recieved a response yet from the minister as I just emailed the letter this week. This is some of the information I found, but I found no mention of students per seat anywhere whether it was in my favour or theres. Below is a part of my letter that I sent regarding the information I found. Thanks

My Research:
I looked up a few things online and the found the Student Code of Conduct for the Rocky View schools. (http://www.rockyview.ab.ca/transportation/studentinformation) Item number four clearly states “Sitting squarely in the seat, facing forward. Keep head, limbs and objects inside the bus and out of the bus aisle. This is the safest way to travel on a school bus and may prevent serious injury”

I also found an Alberta Transportation report where I quote “School buses use a passenger protection strategy known as compartmentalization, with strong, closely-spaced seats having energy-absorbing seat backs that protect students in the event of a crash. Compartmentalization is known throughout North America as the safest method known for transporting large groups of students of varying ages and sizes. The bus seats are spaced and the seat backs sized to prevent passengers being thrown around in an impact. A barrier in the front of the first row of seats protects first row passengers. The design balances the energy absorption and the strength of the seat backs and barrier. (Ensuring the safety of our children: a report on school bus safety October 2008 Government of Alberta)

Transport Canada reported that over a 10 year period between 1995 -2004 there was an average of over 2,500 accidents per year involving school buses. ( http://www.tc.gc.ca/eng/roadsafety/tp-tp2436-rs200702-menu-133.htm). I have seen first-hand the damage that bus accidents can have. We have a family member who was a passenger on a Canadian tour bus and due to a roll over is now a C3/C4 quadriplegic so I do not take bus safety lightly.

Requests:
1. An explanation of why drivers and Southland office staff have the understanding that 3 children to a seat allowed up to grade 6 is “legal”. How is it possible to have 3 average sized children with their clothing and backpacks in a seat and still comply with the Alberta Governments compartmentalization standards and the Rocky View student code of conduct?

2. I am seeking confirmation of procedures that are in place that ensure my child is safe on every bus ride with no exceptions. E.g. Does a bus driver look down the aisles and ensure the code of conduct is being followed each time the bus drives off from a stop? Does every bus driver follow the same procedures?

3. Who is ultimately liable to ensure that safety procedures are being followed correctly?

4. If the policy is to allow any rider with a bus pass on the bus how is it ensured that my child who is at the last stop will have a safe seat?

I am looking forward to your reply.

Lawyer: Debra, Lawyer replied 11 years ago

Here are a few links that information you may find helpful as they do mention two and three kids per seat:

http://www.asba.ab.ca/files/pdf/funding_trans_report.pdf

http://www.redeemer.ab.ca/tranportation/Pages/faq.aspx#3seat

http://www.willcobus.com/

There are dozens like this.

It's clear that the standard is 3 per seat and that the buses are manufactured this way.

Does that help?

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