How To Ensure Safety On A School Bus

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1 School Bus Safety Guidelines For contract holders of Transport for NSW rural and regional bus services November 2015

2 Contents 1 Introduction 2 2 Seatbelts and bus contracts TfNSW seatbelt policy Bus replacement policy Bus procurement Accelerated safety replacement 6 3 Seatbelt use Wearing seatbelts on the bus 7 4 Bus seatbelt maintenance Damaged seatbelts contract holder protocol Damaged seatbelts RMS/HVIS protocol 11 5 Use of a booster seat Requirements Contract holder/driver booster seat protocol 12

3 6 Student safety around the bus Requirements School safety measures Bus driver protocol: student pick-up and drop-off Contract holder responsibilities 17 7 Student safety on board the bus Student behaviour Contract holder and driver responsibilities Managing student behaviour on the bus Reporting student misbehaviour Students left on board the bus 22 8 Heavy vehicle operations on bus routes Contract holder role Bus driver role 24 9 Emergency management Contract holder responsibilities Driver responsibilities Incident reporting 26

4 1 Introduction The School Bus Safety Community Advisory Committee (SBSCAC) was established by the NSW Government in April 2011 to examine school bus safety in rural and regional NSW. The Committee s Report, released in October 2012, provided 35 recommendations with the aim of identifying opportunities for improvement in school bus safety. Whilst all the recommendations address school bus safety, this document has been developed to address seven specific recommendations. It will provide practical information for bus operators holding rural and regional bus contracts and assist in the implementation of the SBSCAC report recommendations. The seven recommendations addressed in the guidelines are: Recommendation 8 That Transport for NSW (TfNSW) implements a phased program to provide ADR 68 compliant buses fitted with lap/sash seatbelts for all Rural and Regional school student bus travel operating outside lower speed urban environments as soon as possible, and to be completed within 10 years. Recommendation 11 That TfNSW develops guidelines under the Rural and Regional Bus Contracts for bus operators providing pragmatic approaches to the maintenance and repair of damaged seatbelts on a school bus. Recommendation 12 That TfNSW develops guidelines with BusNSW under the Rural and Regional Bus Contracts setting out bus operator responsibilities to encourage students to wear seatbelts, for instance by providing appropriate signage and audio announcements. Such guidelines should make it clear that drivers must not be distracted from their key task of driving safely, and so are not, nor should be responsible for enforcing compliance. Recommendation 14 That TfNSW, in conjunction with parent and carer groups and BusNSW, develops appropriate protocols setting out responsibilities and processes for booster seat use, storage, loss/damage etc. 2 School Bus Safety Guidelines November 2015

5 Recommendation 21 That bus operators, Local Councils, local Police and other stakeholders (e.g. trucking companies) develop and implement risk prevention strategies to minimise the impact of heavy vehicle traffic on Rural and Regional school bus routes during school commuting times. Recommendation 22 That TfNSW and Road and Maritime Services (RMS) explore options in consultation with stakeholders to improve student safety around School Bus Exchange points and multiple bus loading areas. Recommendation 28 That TfNSW consults with BusNSW and other key stakeholders to develop and provide guidance material for bus drivers in key risk aspects including around bus protocols, management of students and handling of emergencies in rural areas. These guidelines aim to provide holders of rural and regional school bus contracts with practical information and guidance on the above issues, and consequently enhance school student safety. For more information on the SBSCAC and its full list of report recommendations go to transport.nsw.gov.au/content/school-bus-safety-community-advisory-committee. TfNSW acknowledges the contribution from the members of the School Bus Safety Working Group in developing the guidelines. These guidelines will be updated from time to time. Introduction 3

6 2 Seatbelts and bus contracts 2.1 TfNSW seatbelt policy Over a ten year period, commencing 2013/14, TfNSW will progressively replace nominated school buses in rural and regional NSW. These replacement buses will be fitted with Australian Design Rule (ADR) 68 compliant lap sash seatbelts and will have sufficient capacity to provide seating for passengers. Buses nominated for replacement under this program include all buses operating under Rural and Regional Bus Service Contracts which solely deliver dedicated school services (Otherwise known as Contract A contracts, at time of guideline release.) It is not intended to undertake a seatbelt retrofit program for existing buses that do not have seatbelts. TfNSW will consider requests to retrofit seatbelts on existing buses, however, the primary focus of the seatbelt program will be on new bus replacements. If prior to the introduction of seatbelts on buses, a contract bus is capable of 2 for 3 seating, the replacement seatbelt-fitted bus must be capable of also complying with the 2 for 3 seating rule. If an application is received to replace an existing bus fitted with 2 for 3 seating with individual seating, the applicant must have completed a 5 Year Survey of Potential Students and the contract holder must accept that, should future student numbers exceed the capacity of the bus, they bear the risk associated with the additional student numbers during the term of the contract. TfNSW will assess these applications on a case-by-case basis, depending on merit. Other than buses classified as Category 1 under the TfNSW bus contracts, all buses procured under contract and under the seatbelt program will also be subject to providing seats that accommodate a 2 for 3 seating arrangement. TfNSW will require the contract holder to complete a declaration accepting all operational and financial risks associated with a bus that has individual seating and individual seatbelts ( 1 for 1 ). On buses fitted with seatbelts, 2 for 3 seating can only be applied if the seat has three ADR compliant lap sash seatbelts. 2.2 Bus replacement policy Seatbelts fitted to buses must comply with applicable ADRs. TfNSW is phasing in the introduction of approximately 1,700 nominated seatbelt-fitted buses over 10 years to replace all buses operating under Rural and Regional Bus Service Contracts which solely deliver school services. This will be done using the following methodology: The replacement of existing contract buses with new buses that are fitted with seatbelts will be phased in evenly over the period, focussing on replacing the oldest buses first, subject to the following considerations to prioritise particular replacements on a case-by-case basis: existing buses that do not have or are partially fitted with seatbelts and have standing passengers existing buses that do not have or are partially fitted with seatbelts 4 School Bus Safety Guidelines November 2015

7 TfNSW will write to each relevant bus contract holder with a schedule for replacement in the following 12 months. This mailing will request that the existing bus be replaced and advise that the replacement bus must be fitted with seatbelts. TfNSW will also consider individual requests from contract holders to fit seatbelts on existing buses and applications for early bus replacement. This will be based on risk assessments on a case-by-case basis (refer to Section 2.4). 2.3 Bus procurement When purchasing seatbelt-fitted buses, the four classes of bus category and the method for calculating seating capacity will remain unchanged. The category of bus will be based on its appropriate capacity, agreed between the contract holder and TfNSW. Contract holders will need to comply with the authorised adult seating capacity and apply the 2 for 3 seating policy (refer to Table 1 below). Table 1. Categories and seating capacity Bus Category Adult Seating Capacity 2 for 3 Seating Capacity On seatbelt-fitted buses, 2 for 3 seating can only be applied if the seat has three lap sash seatbelts. Following the gazettal of exemption notices for ADR 58, buses with 2 for 3 seatbelt-fitted seating can be compliant with ADRs. Children under the age of 12 can occupy all three seating positions of a 2 for 3 seatbelt-fitted seat at the one time. To remove doubt: If a seated student is 12 years or over then only two students can occupy that seat. Whilst it is planned to provide adequate seating capacity for all students travelling on Contract A school buses funded under the seatbelt roll out, circumstances may arise from time-to-time which require the transport of additional students. In these situations, the safety of students remains paramount and no students should be left behind. Contract holders should notify TfNSW promptly when this situation occurs. Standing in busses is still permitted on school routes and on regular bus services. However, contract holders and drivers need to ensure that the speed of the bus does not exceed 80 km/h while passengers are standing. Seatbelts and bus contracts 5

8 2.4 Accelerated safety replacement Should a contract holder consider that the safety risk of their particular school route or bus justifies replacing a bus early, or retrofitting seatbelts on an existing bus, they can make a formal submission to TfNSW. TfNSW will consider the early replacement of a contract bus if it can be justified on safety grounds and is supported by a business case made by the contract holder. This business case will need to include mechanical records and images of the road conditions on the particular school route or routes. Other material may be. TfNSW will assess a request for early replacement on a case-by-case basis and in accordance with the following safety criteria: road curvature (e.g. where visibility of oncoming traffic is hampered) lane width (e.g. where buses need to move to the edge of the road to allow other vehicles to pass) road gradient (e.g. where the steepness of the road impacts on the vehicle s ability to brake or stop) heavy vehicle traffic (e.g. where there are heavy vehicles such as logging trucks or agricultural vehicles sharing the road with the school bus) zone speed (e.g. roads within the school bus route that exceed an 80 km/h limit) routes prone to ice, flooding, washouts and fog. TfNSW will consider the early replacement of a contract bus if it can be justified on safety grounds and is supported by a business case made by the contract holder. 6 School Bus Safety Guidelines November 2015

9 3 Seatbelt use 3.1 Wearing seatbelts on the bus Requirements It is a legal requirement for passengers to use seatbelts when fitted on a bus. Unlike car drivers, bus drivers are not accountable under law if passengers, including school students, fail to use the seatbelts provided. Rather, the obligation of contract holders and drivers under Clause 89 of the Passenger Transport Regulation 2007 (NSW) is to take reasonable steps to ensure that passengers are made aware of the need to wear seatbelts when travelling on the bus. The following protocol outlines the steps that contract holders and drivers should take to encourage students to wear seatbelts. The protocol is designed to work in conjunction with other TfNSW information on bus safety and road safety around schools (see Section for more information) for parents, students and schools Contract holder/driver seatbelt protocol Where a school bus is fitted with seatbelts, appropriate signage must be displayed inside the bus, to remind students of their obligation to wear the seatbelts provided. Bus drivers need to remind students to wear their seatbelts. This may be done: periodically (e.g. to individual students) as a general announcement (e.g. where a public announcement system is fitted to larger capacity buses) visually (e.g. a flashing sign fitted on the bus which automatically operates for a period after each bus stop pick-up, or with a fixed sign in the bus). Example of flashing seatbelt sign Refusal to wear seatbelts The wearing of seatbelts on school buses will be a new experience for many students. Drivers should remind students to wear their seatbelt while on the bus (refer to Section 3.1.2). Any instances where a student refuses to wear a seatbelt despite requests by the bus driver to do so, should be treated as misbehaviour and formally dealt with in accordance with TfNSW Code of Conduct for School Students on Buses (Code of Conduct). Under no circumstances should a driver physically intervene when a student refuses to wear a seatbelt. Seatbelt use 7

10 3.1.4 Protocol for non-compliance (first occurrence) Where a student refuses to wear a seatbelt following a request from the driver the following applies: 1. The driver shall: advise the student that this behaviour is unacceptable obtain the student s name and school advise the student that the matter will be reported to the contract holder, the school principal and the student s parent/guardian/carer advise the student that any refusal to wear their seatbelt on a future journey may result in the suspension of their travel on the bus. 2. On returning to the depot, the driver shall advise the contract holder the circumstances of the student s refusal to wear the seatbelt. 3. The contract holder shall advise the parent/guardian of the student in writing that: the student refused to wear the seatbelt provided, despite being instructed by the driver any repeat of this behaviour may result in the student having their travel on the bus suspended the student should be counselled by their parent/guardian to wear the seatbelt in the future. This notice by the contract holder may be via , however where the contract holder is unsure of the address of the parent/guardian, a formal letter on the contract holder s letterhead should be sent. A pro-forma letter to this effect is included as Appendix A. 4. The contract holder shall also advise the school principal in writing. 5. The contract holder shall record the student s misbehaviour in the TfNSW Student Misbehaviour database Protocol for non-compliance (repeat occurrence) Where a student has been warned previously and again refuses to wear a seatbelt when instructed by the bus driver, the following applies: 1. The driver shall: advise the student that this behaviour is unacceptable obtain the student s name and school advise the student that the matter will be reported to the contract holder, school principal and the student s parent/guardian. 2. The driver may also request the student s bus pass and issue the student with an interim pass, where the student is travelling under the School Student Travel Scheme (SSTS) and an interim pass system is in use. 3. On returning to the depot, the driver must comply with the contract holder s procedures for dealing with breaches of the Code of Conduct and advise the contract holder about the circumstances of the misbehaviour. 8 School Bus Safety Guidelines November 2015

11 4. The contract holder may then advise the parent/guardian of the student in writing: that the student continues to refuse to wear the seatbelt despite repeated warnings that the student is to be suspended from travel for a period of up to two school weeks how the student s bus pass can be reclaimed at the end of the period of suspension that the parent/guardian has the right to discuss the issue with the contract holder and to seek an independent review of the contract holder s decision by TfNSW. Written notices may be via , however where the contract holder is unsure of the address of the parent/guardian, a formal letter on the contract holder s letterhead should be sent. A pro-forma letter to this effect is included as Appendix B. 5. The contract holder shall advise the school principal in writing. In cases where an agreement has been reached with the school principal, the contract holder should attach the student s pass for return to the student with the letter to the principal. 6. The contract holder shall record the incident in the TfNSW Student Misbehaviour database. Note: Where the contract holder has determined that a student s bus travel should be suspended, this suspension must not take place until the parent, school and TfNSW have been given a reasonable period of notice to allow the parent to make alternative arrangements for the student s travel. A table outlining this protocol is included below: Table 2. Seatbelt protocol Bus driver The bus driver shall: advise the student that their behaviour is unacceptable obtain the student s name and school advise the student that the matter will be reported to the contract holder, the school principal and the student s parent/guardian remind the student that further refusal to wear a seatbelt could lead to the suspension of travel on the bus record the incident in Student Misbehaviour database. For repeated occurrences, the driver may request the student s travel pass and issue the student with an interim pass (if the student is travelling under the SSTS and the contract holder has an interim pass system). Seatbelt use 9

12 Contract holder First occurrence advise the parent/guardian in writing (Appendix A), and include: details of the incident that a further offence may result in suspension of travel that the student should be counselled accordingly. School principals should also be advised in writing. Repeat occurrence where a driver has previously warned a student and there is supporting evidence of this in the Student Misbehaviour database: advise parent/guardian, school principal and TfNSW in writing about the incident (refer to Appendix B) consider refusing student travel for a period of up to two school weeks for the second offence and up to 10 school weeks for any subsequent offence. Permanent suspension may apply to further offences advise the parent/guardian in writing about how the student s travel pass can be reclaimed at the end of the period of suspension of travel advise parent/guardian of their right to seek review of the contract holder s decision through TfNSW within five school days of the date of the letter record the incident in the Student Misbehaviour database. Note: Suspension of a student s travel on the bus must not take place until the parent, school and TfNSW have been notified, allowing the parent to make alternative travel arrangements 10 School Bus Safety Guidelines November 2015

13 4 Bus seatbelt maintenance 4.1 Damaged seatbelts contract holder protocol Should a damaged seatbelt be identified on a school bus, the contract holder will need to arrange for the seatbelt to be repaired or replaced immediately. If the seatbelt is unable to be repaired or replaced at the time of identification of a defect, the contract holder will record the damage in the contract holder s internal Defect Book and will make arrangements for the repair of the seatbelt, in line with Clause 81 of the Passenger Transport Regulation 2007 (NSW). The contract holder will isolate the relevant seats to prevent use, until the repairs are completed. 4.2 Damaged seatbelts RMS/HVIS protocol RMS inspectors issue vehicle Defect Notices under the National Heavy Vehicle Law. Defect Notices are issued when the vehicle does not comply with standards and the use of the vehicle on the road poses a safety risk. RMS inspectors assessing the severity of a defective seatbelt on a bus, will review the fault and associated risk to the passengers. Generally, where seatbelts have minor frayed webbing, a minor defect notice will be issued and time for repair will be provided. However, where a major risk is identified, a condition may be imposed on the defect notice that the seat cannot be used until the fault is rectified. Or in more severe circumstances the vehicle will be to have the fault immediately remedied. Generally, where seatbelts have minor frayed webbing, a minor defect notice will be issued and time for repair will be provided. Bus seatbelt maintenance 11

14 5 Use of a booster seat 5.1 Requirements Bus contract holders/drivers are generally exempt from the requirement to provide booster seats, except on small buses (buses designed to seat between 9 and 12 adults including the driver). School buses have a minimum authorised seating capacity of 13 adults. As a result, drivers of school buses are not to ensure that students are restrained in a booster seat. This differs from car drivers who must ensure young students are suitably restrained in a booster seat. To be effective, booster seats must be correctly fitted to the vehicle and the seatbelt appropriately adjusted to fit the student. As drivers/contract holders are not permitted to make physical contact with students, they are similarly not responsible for fitting the booster seat within the bus or securing the seatbelt for the child on the booster seat, other than informing the child to wear the seatbelt. As a result, responsibility for supplying and fitting booster seats, and adjusting seatbelts on booster seats for students on school buses, remains at all times with parents and guardians. The following protocol outlines the steps to be taken when a contract holder/driver of a school bus receives a request from a parent/guardian that a student requires a booster seat or cushion on the bus: 5.2 Contract holder/driver booster seat protocol Parents/guardians requesting that their child is to sit on a booster seat while on the bus must contact the contract holder. The contract holder will provide the parent/guardian with details of the current policy on the provision, fitting and adjustment of booster seats. The contract holder will make it clear to the parent/guardian that (other than informing the child to wear the seatbelt) the contract holder/driver is not responsible for supplying the correct booster seat, fitting the seat within the bus, and securing/adjusting the seatbelt for the child. These responsibilities remain at all times with the parent/guardian or the school, where this has been arranged by the parent/guardian. If the parent/guardian decides that they would still like the child to use the booster seat, they will be responsible for supplying the contract holder with the appropriate booster seat. The contract holder will assess whether the booster seat supplied is suitable to be used on the particular bus. For example, a booster seat may impede the ability to accommodate 2 for 3 seating on some bus types. If the booster seat is deemed suitable then the contract holder/driver must discuss and reach an agreement with the parent/guardian, and school representative (if ), on how the booster seat will be utilised for their child during school bus journeys. 12 School Bus Safety Guidelines November 2015

15 While there may not be large numbers of applications seeking to use booster seats, it is recommended that contract holders/drivers use best practice to record and document booster seat arrangements that have been discussed and agreed with the parents/guardians. Documented arrangements will help to avoid misunderstanding and incorrect expectations. For example, an agreed plan would set out arrangements about how the booster seat will be utilised while on the bus and outline the agreed responsibilities of the contract holder, driver, parent/guardian and school that include but are not limited to: fitting, securing and adjustment of the booster seat and seatbelt for both to school and return home bus journeys storage of the booster seat while not in use loss or damage response to non-compliance by the student to the agreed arrangements actions to be taken if any of the parties fail to implement agreed responsibilities. It is expected that in most instances, local arrangements are likely to be successfully negotiated and agreed to. However if a contract holder is unable to reach an agreement on the use of the booster seat, or the parent/guardian is dissatisfied with the reasons for why their application for the use of a booster seat has been declined, then the matter should be referred to the TfNSW Regional Manager, South or Regional Manager, North. The Regional Managers would be responsible for reviewing the issues and providing further advice where appropriate. It is recommended that each contract holder develops a set of procedures for the use of booster seats on their buses based on this protocol. It is recommended that each contract holder develops a set of procedures for the use of booster seats on their buses based on this protocol. Use of a booster seat 13

16 6 Student safety around the bus 6.1 Requirements Travelling safely on a bus does not end when students step off the bus. Care must also be taken before and after riding the bus, which is when most casualties occur. For example, students crossing the road in front of a bus or emerging from the curb behind or beside a bus pose a safety risk to themselves and bus drivers. While parents, schools, police, government agencies (such as local councils and RMS) all have a vital role in ensuring the safety of students around schools, so do contract holders and drivers. Bus drivers are responsible for ensuring the safety of students while they are on the bus, including boarding and disembarking safely from the bus. They are also responsible for notifying the contract holder of any safety hazards whilst picking up or dropping off students. Contract holders are responsible for: ensuring that their school bus services are delivered in accordance with their contractual obligations, including safety around schools and buses promoting bus safety education in conjunction with the school, which includes liaising with schools and parents about safety issues, particularly at the start of the school year consulting and liaising with school principals, local councils and government agencies (including TfNSW and RMS) to develop solutions to particular safety issues raised by drivers. 6.2 School safety measures The NSW Government has instituted a number of specific safety measures to ensure school bus safety and safety around schools. These measures alert drivers that school students are likely to be in the area and include the following. 14 School Bus Safety Guidelines November 2015

17 6.2.1 School zones School zones are areas around a school with a speed limit of 40 km/h. Between the School Zone and the End of School Zone signs, drivers must not exceed this limit. The school zone limit only applies on gazetted school days and during the times shown on the sign, generally between am and pm. There are a small number of non-standard school zone times in NSW. They are identified by red/orange school zone signs to show non-standard times. Signs at these schools show the times that apply School zone flashing lights School zone flashing lights will be installed in schools across NSW by the end of School zone flashing lights alert drivers that they are entering a 40 km/h school zone and that they should slow down. Travelling at 40 km/h reduces the risk of a crash and the severity of a crash if it occurs. Research shows that flashing lights help reduce vehicle speeds outside schools during the 40 km/h school speed zones. School zone flashing lights improve the road safety benefits of 40 km/h school zones, which have reduced school age pedestrian injuries and deaths. Further Information on school zone flashing lights can be found at roadsafety.transport.nsw.gov.au/stayingsafe/schools/flashinglights/index.html School bus stop zones There are a small number of designated school bus stop zones in NSW. Drivers should always comply with the speed limit indicated on the school bus stop zone sign during the hours it specifies. Student safety around the bus 15

18 6.2.4 Other signage In addition to flashing lights, all school zones are marked by school zone signs, dragon s teeth and painted 40 pavement markings, designed to improve the visibility of school zones to drivers School bus warning system Contract holders must ensure that any bus conveying students in NSW is fitted with a warning system that complies with the relevant RMS Technical Specifications. This system comprises signs, flashing headlights and additional flashing warning lights (commonly known as wigwag lights) that, when activated, warn approaching motorists that school students may be boarding and disembarking from the bus. Centreline of SCHOOL BUS sign Centreline of SCHOOL BUS sign 600mm minimum 600mm SCHOOL minimum BUS 600mm minimum 600mm SCHOOL minimum BUS 600mm minimum 600mm minimum SCHOOL BUS 1800mm minimum when bus is loaded 1800mm minimum when bus is loaded SCHOOL BUS SCHOOL BUS SCHOOL BUS A B A B A B 40A WHEN LIGHTS F L A S H 40 B 40 A WHEN LIGHTS F L A S H 40 B 40 A WHEN LIGHTS F L A S H 40 B WHEN LIGHTS F L A S H WHEN LIGHTS F L A S H WHEN LIGHTS F L A S H C C C C 6.3 Bus driver protocol: student pick-up and drop-off C C Bus drivers need to be vigilant when students are boarding and disembarking from the school bus. Drivers should: ensure they pull over in an area where it is safe for the student to access or disembark from the bus. If possible, this should be away from street corners or bends in the road where the student s visibility could be impeded wait until the bus is stationary before opening the doors wait until students are safely seated before leaving the pick-up zone when dropping students off, warn students of oncoming traffic if visible to the driver instruct students to remain at the drop-off point and not to cross the roadway until after the bus has departed and there is better line of sight for those students. 16 School Bus Safety Guidelines November 2015

19 6.4 Contract holder responsibilities Parent/school education Contract holders, parents and teachers have a mutual interest in promoting road safety around schools and buses. Contract holders should liaise with schools and parent groups at least at the commencement of each school year to determine how they can help with road and bus safety education. There are a range of tools available to assist contract holders in these educational initiatives, these include: Safety Town, launched by TfNSW in This is an online resource for primary school students in Years 5 and 6. It includes a variety of interactive activities on bus safety, including getting on and off the bus, behaviour on the bus and recognising behaviour that can distract the bus driver or place bus passengers at risk. Some activities encourage students to role play scenarios from the point of view of the bus driver. Existing road safety education resources for students from Kindergarten to Year 4 will be added to Safety Town by the end of Information on Safety Town can be found at safetytown.com.au. Free bus safety brochures, stickers and posters and Safety Town material for schools can be ordered online by ing rmsorders@bluestargroup.com.au. Road Safety Issues around Schools was developed by the Centre for Road Safety to provide information about safety around schools for parents, principals and the school community. This resource is available online at roadsafety.transport.nsw.gov.au/ stayingsafe/schools/backtoschoolsafety.html. The Bus Safety Program conducted by the NRMA in conjunction with NSW Police and local contract holders, provides students in kindergarten with face to face training on bus and road safety. The program teaches students how to catch the bus, safety on and off the bus, as well as other matters, such as where to place their bags on the bus. For further information contract holders should contact their local NRMA office or BusNSW Managing safety issues In addition to promoting educational initiatives on road safety and school bus safety, contract holders also have a role in facilitating the resolution of other road safety issues that can impact children around schools and on their journey to and from schools. Contract holders are encouraged to consult with their drivers and school principals to identify any safety issues and, where, refer these to the appropriate agencies for further advice and action. For example, when a contract holder/driver experiences a set of road conditions that may impact on their ability to service a section of their contracted route, they should bring this to the attention of the school principal, local council, RMS, TfNSW and the parents likely to be affected. A similar approach should be taken to all safety issues external to the bus. Some examples of problems associated with school student safety and the agency responsible for managing each issue are outlined below. Student safety around the bus 17

20 Table 3. School safety issues and responsible agency Safety issues Parent and student behaviour outside the school Roads near schools Responsible agents and examples Schools and Local Councils are responsible for: Illegal parking Unsafe crossing behaviour Pick-up and drop-off procedures RMS is responsible for: Installation and removal of school zones Installation and maintenance of school zone signs and all speed zone signs Installation and maintenance of school zone flashing lights Traffic signals Operating times of 40 km/h school zones Local Council is responsible for: Parking changes to restrictions and signs Road repairs Pedestrian crossings Installation of traffic calming devices, including speed humps and roundabouts Road surface repairs Law enforcement around schools NSW Police are responsible for: Enforcement of 40 km/h speed limit in school zones Enforcement of all speed limits Enforcement of parking restrictions Promoting voluntary driver compliance around schools Address illegal or unsafe driving behaviour Local Council is responsible for: Enforcement of parking restrictions Bus safety around schools TfNSW is responsible for: Student behaviour on buses Developing and reviewing the Code of Conduct in consultation with schools, contract holders, parent groups and bus driver representatives Promoting school bus safety education Administrating contracts for school bus services Contract holders are responsible for: Student behaviour on buses RMS is responsible for: Authorisation and licensing of bus drivers Accreditation of contract holders in NSW 18 School Bus Safety Guidelines November 2015

21 Although the roles and responsibilities of the agencies vary, school principals must approve any request before the agencies responsible are contacted. For a full and updated list of agencies and their roles and responsibilities visit roadsafety.transport.nsw.gov.au/stayingsafe/schools/ authorities.html Transport interchanges The need to connect school buses with other buses and different modes of transport (such as trains) has seen an increase in the number of transport interchanges in rural and regional areas. The mix of students of different ages and from different schools, the high volume of vehicle movement, and passengers getting on and off buses and trains makes transport interchanges critical areas to ensure student safety. Contract holders and bus drivers have a responsibility to bring issues to the attention of the relevant authority when a safety issue at an interchange is encountered. (Refer to Section for the link to responsible agencies). Contract holders also play an important role in communicating and liaising with other contract holders using the interchange to identify and implement strategies to address and improve student safety. For example, by consulting with other contract holders and TfNSW, contract holders may be able to agree on better synchronisation of bus arrival and departure times to minimise student waiting time at interchanges. The need to connect school buses with other buses and different modes of transport (such as trains) has seen an increase in the number of transport interchanges in rural and regional areas. Student safety around the bus 19

22 7 Student safety on board the bus 7.1 Student behaviour When travelling between home and school, students must adhere to the Code of Conduct. The Code of Conduct outlines the standards of behaviour expected of students while travelling to and from school by bus (irrespective of whether they travel under the SSTS) and sets out sanctions for students who fail to abide by those standards. In the case of students travelling under the SSTS, this Code of Conduct is also printed on the application form. When signing the application form the parent/guardian explicitly declares that they support the Code of Conduct and that it has been explained to their child. It is essential that contract holders and drivers are aware of strategies to manage student behaviour while on board the bus and to respond appropriately where an instance of misbehaviour has occurred. A copy of the Code of Conduct is available at transport.nsw.gov.au/content/student-conductwhen-travelling. 7.2 Contract holder and driver responsibilities Student misbehaviour needs to be treated as a serious management issue by contract holders. Effective training and procedures in this area are essential. Drivers need to be trained to: effectively manage student behaviour on the bus report incidents of student misbehaviour in line with the Code of Conduct. 7.3 Managing student behaviour on the bus The Guidelines for Managing School Student Behaviour on Buses provides guidance to contract holders and drivers on managing student behaviour on buses. A copy of the Guidelines for Managing School Student Behaviour on Buses is available at transport.nsw.gov.au/sites/default/file/ssts/school-bus-guide.pdf. Early intervention is essential in minimising escalation of poor behaviour by students. When misbehaviour by a student is initially experienced, it is important that it is not ignored in the hope that the behaviour will stop. Rather, drivers should: approach the student and outline the unacceptable nature of the behaviour in a calm, firm and professional manner consciously avoid being provoked by the student. Drivers should remain calm and not verbalise their frustration. The communication techniques outlined below can assist drivers to maintain their professionalism and help de-escalate misbehaviour. 20 School Bus Safety Guidelines November 2015

23 Table 4. Communication when dealing with misbehaviour Suggested approaches Speak slowly but firmly Maintain eye contact Provide the student with choices about their behaviour Acknowledge the student s feelings (if they are upset) and indicate that you can see they are upset Avoid these approaches Do not shout or unnecessarily raise your voice Do not use sarcasm Do not make threats against the student Do not make light of the student s issues (particularly if they are upset) 7.4 Reporting student misbehaviour Even the most experienced bus drivers will encounter students who refuse to co-operate with instructions from the driver. When attempts to encourage students to behave appropriately fail, drivers need to follow the processes for reporting and managing student misbehaviour outlined in TfNSW s Guidelines for Managing School Student Behaviour on Buses Bus drivers Bus drivers should ensure that all incidents of misbehaviour (even minor ones) are reported to the contract holder in the manner by the company Contract holders It is important that contract holders follow the TfNSW Guidelines for Managing School Student Behaviour on Buses in dealing with driver reports of student misbehaviour. It is also important that the contract holder has a good relationship with the schools they service. The TfNSW Guidelines for Managing School Student Behaviour on Buses recognises that there is a wide variety of behaviour that could be described as misbehaviour. To ensure that the response taken matches the seriousness of the behaviour, misbehaviour is divided into three categories: Unacceptable behaviour Dangerous behaviour Highly dangerous or life threatening behaviour. These categories represent a sliding scale of seriousness from minor offences, such as shouting at the driver, through to life threatening behaviour, such as interfering with the driving controls or emergency exits on the bus. A full list of the behaviour covered in each category can be found in the TfNSW Guidelines for Managing School Student Behaviour on Buses. The sanctions imposed for student misbehaviour vary with each category. Student safety on board the bus 21

24 Table 5. Penalties for school student misbehaviour Category of misbehaviour Type of offence Penalty Unacceptable behaviour Dangerous behaviour Highly Dangerous/ Life Threatening Behaviour First Offence Second Offence Subsequent Offences First Offence Second Offence Subsequent Offences First Offence Subsequent Offences Warning (no penalty) Up to 2 weeks suspension Up to 10 weeks suspension (permanent suspension may apply for further offences) Up to 4 weeks suspension Up to 10 weeks suspension Possible permanent suspension may apply Up to 12 months suspension (or in the most extreme cases, permanent suspension) Up to 12 months suspension (or in the most extreme cases, permanent suspension) Contract holders should familiarise themselves with the TfNSW Guidelines for Managing School Student Behaviour on Buses to ensure that the appropriate sanction is applied for each category of misbehaviour. They also need to follow the procedures and protocols attached to each type of misbehaviour. For example, in most cases, suspension of student travel will take place only after the parents have been given the opportunity to make alternative arrangements for transporting the student Student Misbehaviour database One of the requirements of the Code of Conduct is to advise TfNSW of any instance of misbehaviour that is likely to result in the suspension of the student s travel. Since 2008, this has been done electronically via TfNSW s Student Misbehaviour database. A User s Guide and other information on the database are available for contract holders on the TfNSW website at transport.nsw.gov.au/sites/default/files/b2b/bus/student-misbehaviour-user-guide.pdf. 7.5 Students left on board the bus All bus drivers must ensure that they undertake a walk through of the bus at the end of each trip to ensure no student is left on the bus. A sample End of Trip Inspection Procedure to this effect has been included as Appendix C. Contract holders should include such information in their induction training and/or driver manuals. 22 School Bus Safety Guidelines November 2015

25 8 Heavy vehicle operations on bus routes The presence of heavy vehicles such as semi-trailers, B-doubles and other large trucks, along bus routes can impact on the safety of school bus travel. This is particularly the case in rural areas, where the road used is often a narrow single carriageway, or winding with poor visibility on curves and crests, and higher speed limits prevail. The following information provides some basic guidance for contract holders and drivers to assist in minimising the risk of incidents relating to heavy vehicle traffic along school routes. The guidelines below provide information for contract holders who are responsible for many of the planning decisions involved in school bus travel, and for drivers who are responsible for the day to day management of risks experienced along the bus route. 8.1 Contract holder role Contract holders can play an important role in reducing the risk posed by heavy vehicles on school bus routes. While heavy vehicles may use these roads at any time of the day or night, school buses operate within a narrow period of time, generally between am and pm Liaison with heavy vehicle operators Where heavy vehicle traffic poses a hazard to school bus travel, the contract holder should contact the particular heavy vehicle operator to discuss the risk. It may be possible for heavy vehicle operators to vary their route or the time of travel to avoid sharing the road with school buses. At the very least, liaison will alert the heavy vehicle operator and allow them to bring the issue to the attention of their drivers to ensure that lower speeds and other safety measures are encouraged during school bus travel times Liaison with Government/Industry Associations If these informal communication mechanisms fail to work, contract holders should contact the relevant agencies to explain the risks and discuss options to improve the situation. These agencies are outlined below. Heavy vehicle operations on bus routes 23

26 The RMS website provides maps of NSW roads indicating routes that are restricted or prohibited for heavy vehicles, visit rms.nsw.gov.au/business-industry/heavy-vehicles/maps/ restricted-access-vehicles-map/index.html. Contract holders should use this information to view roads along their school route which may have heavy vehicle restrictions in place. Many councils chair Local Traffic Committees with RMS and police representatives, which can provide an important communication channel for contract holders experiencing problems. Contract holders should also request that RMS and or local Council install signage where appropriate, warning all motorists that the road is part of a school bus route. Table 6. School bus safety issues and agencies Agency RMS (responsibility for heavy vehicle access permits may shift to the National Heavy Vehicle Regulator in the future) Local Council TfNSW Trucking Association or Industry Body (e.g. Grain Handlers, Farmers Association, Livestock Transporters Association, Minerals Council) Responsibility Responsible for issuing permits permitting/restricting heavy vehicle access to certain roads Responsible for general traffic conditions on all roads and for maintenance and repair on state roads Responsible for signage along school bus routes Responsible for maintenance and repair on local roads Responsible for signage along school bus routes Responsible for contracts with contract holders and for administering the SSTS Responsible for notifying members and assisting with industry safety strategies Consultation/instruction for drivers Consultation with school bus drivers is vital on all road safety issues. Contract holders need a system in place to communicate with their drivers, either one on one (in the case of a smaller contract holder) or via tool box and other types of meetings. Drivers should be advised when seasonal variations are likely to lead to an increase in heavy vehicle traffic, for example, crop harvesting. And contract holders should encourage drivers to report any issues or problems experienced with heavy vehicles or other traffic along the bus route. Contract holders should also cover this information in induction training and driver manuals. 8.2 Bus driver role Bus drivers need to ensure that they report any problems associated with heavy vehicle traffic to the contract holder immediately. From time to time, there may also be the need for drivers to communicate directly with heavy vehicle drivers. For example, they many need to use a CB radio to warn heavy vehicle drivers that a school bus is in the vicinity. 24 School Bus Safety Guidelines November 2015

27 9 Emergency management According to the Government s Safety Management System guidelines, contract holders need to be equipped with a system and documented procedures to ensure a prompt and appropriate response in the event of an emergency. A contract holder s emergency management system needs to include procedures that respond appropriately to an emergency situation as well as comply with the requirements of police and other emergency service agencies, RMS and the Office of Transport Safety Investigations (OTSI). Bus drivers and other employees must be trained in the contract holder s emergency response system and procedures. 9.1 Contract holder responsibilities Forward planning The first step in emergency management is deciding who within the bus company will undertake which emergency response functions. This will avoid confusion in the event of an emergency. For small contract holders, only a limited number of people will be involved, often simply the driver and the contract holder. A typical allocation of emergency responsibilities for a small contract holder is outlined below: Table 7. Typical emergency responsibilities for smaller contract holders Driver responsible for: Evacuating passengers (where appropriate) and rendering the area safe Alerting emergency services Alerting the depot Assisting emergency service personnel as Completing an incident report on return to base Contract holder/manager responsible for: Coordinating the organisation s emergency response Responding to media enquiries Provision of replacement bus service (if appropriate) Investigating the incident Arranging counselling or other assistance for driver (if ) Formally reporting the incident to police, OTSI and RMS These responsibilities should form the basis of the contract holder s emergency procedures and training. Emergency management 25

28 9.1.2 Communication systems Communication between the driver and the depot and between the depot/driver and emergency services (e.g. ambulance, police) is a vital step in emergency management. This is particularly important in rural and remote areas where radios and mobile phones may not always be in range. For that reason, contract holders need to consider how and when communication equipment will be used in the event of an emergency. For example: How will the depot know about an incident/emergency? Is two way radio communication possible if power to the bus is cut off? Are buses always in mobile telephone range? What other communication options are available? The communication systems to be used in the event of an emergency should be incorporated into the contract holder s emergency procedures and training. Drivers need to know where to locate key phone numbers, how to use communication equipment and what to do if the equipment is not working Staff procedures and training It is essential that emergency procedures are in place for staff to follow. All staff should to be trained in procedures of this type to ensure the safety of passengers. 9.2 Driver responsibilities In the event of an emergency, the driver s primary responsibilities will be to: assess whether any passengers should remain or be removed from the bus assess if there is help available (e.g. passing motorist) communicate and liaise with the depot and emergency services secure the area around the bus to prevent further damage or injury ensure a safe and orderly evacuation of the bus (where this is appropriate) provide a point of contact and communicate with passengers on the bus assist emergency services provide the contract holder with full details of the incident on returning to the depot. A sample Driver Emergency Procedure has been included as Appendix D. 9.3 Incident reporting As part of managing an emergency, contract holders are (as a condition of their accreditation) to report bus crashes and incidents to RMS through the Bus Incident Management database, to OTSI and to the police. The reporting requirements for each of these agencies are outlined below Office of Transport Safety Investigation OTSI is the agency responsible for investigating serious crashes and incidents that have occurred on trains, buses or ferries in NSW. 26 School Bus Safety Guidelines November 2015

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