Regulating school buses: Bombay HC directs transport commissioner to submit suggestions

“Basic standards have to be adhered to. What is the seating capacity? We find that closed tempos are often used for this purpose. They may be engaged by the parents. Such vehicles are seen plying 20-40 children. While they have the licence to transport goods. Do they have licence to ply children?” asked the court.

According to the government, the Maharashtra Motor Vehicles (Regulation for School Buses) Rules, 2011, has defined a school bus as a four wheeler light motor vehicle having a seating capacity of up to 12 and a three wheeler autorickshaw with a hard top and closed type passenger body.

The definition of a school bus under the Central rules, according to a notification issued on September, 2016, is a vehicle with a seating capacity of 13 passengers and above, excluding driver.

An affidavit by the government had stated: “Around 11,922 vehicles having seating capacity less than 12+1 are registered as school buses in state of Maharashtra. Out of these, 8591 vehicles are having contract with school authority … action has been taken against vehicles violating the rules.” Referring to it, the court questioned if steps were being taken to monitor that the buses were plying children according to capacity. “If they are operating more than the capacity they are putting the child’s life in danger. Also, show us the specific design for school buses. Do the operators adhere to the design requirement?” questioned the court adding that buses had to conform to such standards, whether they were private buses or operated by the school management.

The court has asked the transport department to carry out random checks to ensure this and start a toll-free number where parents can complain against operators who do not adhere to standards. The matter has been kept for hearing on January 22.