Vol. 562 No. 3
6 Mr. Naughten asked the Minister for Education and Science if he intends to review the current regulations regarding seat belts in view of a court case in County Kerry regarding a successful prosecution due to the non-provision of seat belts on school buses. [25378/02]
I am aware of the Circuit Court decision referred to by the Deputy. The case was subsequently appealed to the High Court which overturned the Circuit Court decision and found in favour of the bus operator. The accident in question occurred on a private service outside the scope of the school transport scheme.
Legislation regarding the fitting and use of seat belts in public vehicles is the responsibility of the Minister for the Environment and Local Government. Under existing regulations, seat belts are not compulsory on school buses. In operating the school transport scheme Bus Éireann is fully compliant with all relevant regulations as laid down by that Department. Contractors' large vehicles, when tested by the Garda authorities to obtain the licence to operate school bus and other public services, are not required to have seat belts installed to get the PSV licence.
The safety aspects of school transport, including the question of the provision of seat belts, is being examined by the school transport section of my Department with Bus Éireann and the Department of the Environment and Local Government. In line with the commitment given, The Road to Safety – The Government Strategy for Road Safety, 1998-2002, a consultation paper that set out a wide range of options for enhancing school bus safety, was published by the Department of the Environment and Local Government last year. Following an extended consultation period, a large number of responses were received. These are being reviewed with a view to identifying a range of specific proposals for implementation.
In regard to the Government's road safety strategy, a commitment was given that the review would be completed and decisions made on any changes to the legislation by the time the strategy was completed last December. Given that the joint Oireachtas committee completed a report on school transport and school bus safety three and a half years ago, will the Minister of State implement two of its recommendations which deal specifically with this case? One related to seat belts – the Circuit Court found the operator to be negligent in the aforementioned case – while the other proposed bringing private operators under the regulations introduced under the Department of Education and Science's school transport scheme.
Obviously, the High Court has precedence over the Circuit Court. As I said, the High Court overturned the decision of the lower Circuit Court. In regard to safety, there was extensive consultation in drawing up the report. The recommendations are not yet to hand but when they are, we will see what we will do about their implementation. The Deputy will be aware that the Department of Education and Science played a significant role in the consultation process in which it outlined its views.
Safety on school transport is of paramount importance to the Department and Bus Éireann which operates the school transport scheme on behalf of the Department. Great care is taken by Bus Éireann to ensure loading does not exceed the maximum legal carrying capacity of the vehicle. All vehicles operating under the scheme are required to meet the statutory regulations as laid down by the Department of the Environment and Local Government. We look forward to identifying the range of specific proposals in the report when it is made available and implementing its recommendations.
In regard to carrying capacity, does the Minister of State agree that squeezing three 16 or 17 year olds into two seats is overcrowding and needs to be amended? When will the recommendations of the review be completed and published? In the interim, will the Minister of State publish the report completed for the previous Minister of State, Deputy O'Dea, in regard to the joint Oireachtas committee's report on school transport? The Department undertook a review and its costings. Will they be published in the interim?
As promised at a previous Question Time, the appeals boards is in operation in regard to the school transport system. Other issues are under review. I am looking at the whole system of school transport in conjunction with departmental officials. When we reach conclusions, we will be happy to make them available to the House.
Safety is a matter for the Department of the Environment and Local Government. We have taken the opportunity to ensure the Department of Education and Science's views are known in that regard. As I said, we await the publication of the report and implementation of its recommendations.
The Deputy raised the question of the three to two ratio in regard to seating and seat belts. The loading on all school buses is determined by the relevant sections of the road traffic regulations for the construction, equipment and use of vehicles laid down by the Department of the Environment and Local Government. Under the PSV regulations, the licensed carrying capacity of all vehicles engaged in school transport is based on a ratio of three pupils to every two adult seats. Under existing regulations passenger seat belts are not compulsory on buses, including those operated under the school transport scheme. To provide seat belts on buses for all pupils would require the replacement of the 3:2 seating ratio with a 2:2 ratio in the first instance and this would mean considerable technical difficulties and significant costs.
