Safety belts on school transport

Janette Schembri writes:
Is there any EU regulation that enforces the use of safety belts on school transport, mainly minivans?
Another important issue related to the safety of children on school transport is the following: Are there any provisions demanding adult supervision on school transport? The presence of an adult, apart from the driver, who, of course, has to concentrate on driving, helps prevent bullying on school vans - the type of bullying that tends to go by undetected precisely because there is no supervision.

EU law obliges EU countries to ensure that all passengers aged three and over in vehicles used to transport people, including school transport vehicles, use the safety systems provided while seated.

The law in question was initially adopted in 1991 (Directive 91/671) and was amended in 2003 (Directive 2003/20).

The law refers specifically to vehicles known as "M2" and "M3".

M2 and M3 vehicles are defined (Directive 70/156) as "vehicles designed and constructed for the carriage of passengers, comprising more than eight seats in addition to the driver's seat, and having a maximum mass not exceeding five tonnes (Category M2) and vehicles designed and constructed for the carriage of passengers, comprising more than eight seats in addition to the driver's seat, and having a maximum mass exceeding five tonnes (Category M3)".

Passengers in these type of vehicles must be informed of the requirement to wear safety belts whenever they are seated and the vehicle is in motion. They must be informed in one or more of the following ways: By the driver; by the conductor, courier or official designated as group leader, or by audio-visual means (such as a video).

This means that vehicles, including school transport, should, of course, be equipped with safety belts and these should be worn by passengers, including school children of three years of age and over.

That seems to be the end of the story. But it is not.

EU law (article 6a of Directive 91/671) gives member states an option to temporarily exempt school transport from the above obligation and to allow a greater number of seated children to be transported in minivans than there are seats available fitted with safety belts. Evidently, this temporary exemption is granted in order to grant sufficient time for the vehicles in question to be adapted. This exemption is possible until May 9, 2008 at the latest, that is, until next May.

It appears that Malta has made use of this temporary exemption as Maltese law (article 128 of the Maltese Motor Vehicles Regulations) provides that "in the case of public service garage vans, minibuses for public transport and motor omnibuses used for the carriage of school children against hire or reward, where a seat provides comfortable space for the seating of two adult passengers, three school children aged 10 years or under may, until May 9, 2008, continue to be carried on the said seat".

This position appears to be in line with the temporary reprieve granted by EU law to allow vehicles sufficient time to be equipped accordingly.

This means that, in line with EU law, it is not yet obligatory for every child on a minivan to wear a seat belt, although, obviously, full use should be made of seat belts where these are available.

However, as from May 9 next year, all children on a minivan must wear a seat belt and, as alluded to above, the law imposes, among others, an obligation on the driver himself to tell them to do so.

Insofar as adult supervision is concerned, there is no doubt that this has an important deterrent effect, particularly to prevent cases of bullying. However, there is no EU law that covers this issue. This means it would be up to individual EU countries to regulate this matter at the national level.

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