All buses, including school buses, are required to comply with the standards set out in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations and the Road Traffic (Public Service Vehicles) Regulations. Under the 3:2 provision, three children may be reckoned as two passengers when determining the passenger capacity of a bus being used to carry children to and from school or school-related physical activities.
The Department of Education and Science has overall responsibility for the administration of the school transport service, while Bus Éireann is responsible for the day-to-day operation of the service. I am advised that the Department of Education and Science is satisfied, on the basis of the information available from Bus Éireann, that school buses are being operated in accordance with the requirements of the road traffic law and that great care is taken to ensure that the loading of school buses does not exceed the maximum legal carrying capacity on each vehicle in use.
EU Directive 2003/20 provides for the mandatory wearing of seat belts by passengers in a wide range of vehicles, including buses fitted with seat belts. The implementation of the directive, which must take place from 2006 onwards, will effectively remove the three for two concession for new buses used as school buses after 2007.
In June 2003, the European Commission published proposals that provide, inter alia, for the mandatory fitment of seat belts in buses and coaches at manufacturing stage. Under the proposals it would be a requirement for the registration, sale and entry into service of new buses and coaches, from 1 January 2006 that their safety belts, restraint systems, seats and the anchorages for these would conform to the technical requirements specified in the proposed directives. Ireland actively supports the proposed measures with the intention that they will be implemented at the earliest possible date after their adoption to maximise the benefits of the requirement to use seat belts where they are fitted in vehicles, including in school buses.
In 2002 my Department published a discussion paper on school bus safety. A range of possible safety related enhancements covering vehicles, passenger related measures, and the road traffic environment in which school buses operate were identified in the paper. The purpose of the paper was to give the public an opportunity to put forward their views and suggestions on enhancing school bus safety. The responses to the discussion document are being reviewed by my Department with a view to identifying the most cost-effective approach to enhancing road safety for school transport taking into account the obligations and timing of EU requirements and proposed requirements.