Order of the State Council of the People's Republic of China <br> No. 617
The Regulations on the Management of School Bus Safety have been adopted at the 197th executive meeting of the State Council on March 28, 2012 and are hereby promulgated and shall come into force as of the date of promulgation.
Prime Minister April 5, 2012
School Bus Safety Management Regulations
Chapter 1 General Provisions
Article 1 These Regulations are formulated for the purpose of strengthening the safety management of school buses and ensuring the personal safety of school bus students.
Article 2 The term "school bus" as used in these Regulations refers to the seven or more passenger cars that can be used to pick up and go students who receive compulsory education in accordance with this Regulation.
The school bus that transfers pupils should be a school bus designed and manufactured according to the national standards for special school buses.
Article 3 The local people's government at or above the county level shall, in accordance with such factors as the number and distribution of students in its administrative area, formulate and adjust school planning in accordance with the law to ensure that students enter schools nearby or enroll in boarding schools, thereby reducing the students' risks of going to and from school. The establishment and adjustment of schools that implement compulsory education and their teaching should fully listen to the opinions of parents and other relevant parties.
Local people's governments at or above the county level shall take measures to develop public transport in cities and rural areas, and plan and set public transport routes and stations in a rational manner so as to provide convenience for students who need to travel to and from school.
For rural areas where it is indeed difficult to guarantee close proximity to school and public transport cannot meet the needs of students going to and from school, local people's governments at or above the county level should take measures to guarantee that students receiving compulsory education receive school bus services.
The State has established a multi-channel financing mechanism for school buses, and supported the use of school buses for student services in accordance with the regulations through various means including financial assistance, tax incentives, and encouraging social donations. The financial funds needed to support school bus services are shared by the central government and local finances. The specific measures are formulated by the financial department of the State Council. Taxation incentives for school bus services shall be formulated in accordance with the taxation authority provided for by laws and administrative regulations.
Article 4 The State Council’s departments of education, public security, transportation, and industrial and information technology, quality supervision, inspection and quarantine, and safety production supervision and management shall be responsible for the related work of school bus safety management in accordance with laws, administrative regulations, and provisions of the State Council. The education and public security department of the State Council shall work with the relevant departments of the State Council to establish a coordination mechanism for the safety management of school buses, coordinate the major issues in the safety management of school buses, and work together to ensure the safety management of school buses.
Article 5 Local people's governments at or above the county level shall take overall responsibility for school bus safety management in their respective administrative regions, and organize relevant departments to formulate and implement school bus service programs that are compatible with the local economic development level and the demand for school bus services, and unified leadership, organization, and coordination. The department performs school bus safety management duties.
The relevant departments of education, public security, transportation, and production safety supervision and management of local people's governments at or above the county level perform the duties related to school bus safety management in accordance with these Regulations and the regulations of the people's government at the same level. The relevant departments shall establish a sound information sharing mechanism for school bus safety management.
Article 6 The department of standardization under the State Council shall, together with the departments of industry and information technology, public security, and transportation of the State Council, formulate and timely revise the national standards for school bus safety in accordance with the requirements for ensuring safety and economical application.
Enterprises that produce school buses shall establish a sound product quality assurance system to ensure that the school buses produced (including modified, the same below) meet the national standards for school bus safety; if they do not meet the standards, they may not be manufactured or sold.
Article 7 It is the joint responsibility of the government, schools, society and the family to ensure that the students go to and study the safety of transportation. All aspects of society should provide convenience for the passage of school buses and help ensure the safety of school buses.
Article 8 The education, public security, transportation, and production safety supervision and administration departments of county-level and municipal-level people's governments shall set up and publish a telephone reporting and reporting network platform to facilitate the public to report violations of school bus safety management regulations.
The department that receives the report shall promptly handle it according to law; the report that does not belong to the management responsibilities of the department shall be promptly transferred to the relevant department.
Chapter II School and School Bus Service Providers
Article 9 Schools may be equipped with school buses. The road passenger transportation operating enterprises, urban public transportation enterprises established according to law, and the school bus operating units established according to the regulations of local people's governments at the county level or above may provide school bus services.
Local people's governments at and above the county level may, in light of the actual conditions in the region, formulate management measures and organize individual operators of road passenger transport business licenses to provide school bus services.
Article 10 Schools and school bus service providers equipped with school buses shall establish a sound school bus safety management system, be equipped with safety management personnel, strengthen school bus safety maintenance, conduct regular safety education for school bus drivers, and organize school bus drivers to study road traffic safety laws and regulations. As well as safety precautions, emergency response and emergency rescue knowledge, students are guaranteed to ride the school bus safely.
Article 11 If a school bus service provider provides school bus service, the school shall sign the school bus safety management responsibility book with the school bus service provider, clarify their respective safety management responsibilities, and implement school bus operation safety management measures.
Schools shall report the responsibility for the safety management of school buses to the educational administrative department of the people's government at the county level or the district for record.
Article 12 Schools shall provide education on traffic safety to teachers, students and their guardians, explain to students the safety of school buses and the emergency handling skills of school bus accidents, and regularly organize emergency response drills for school bus accidents.
The guardian of a student shall perform the duty of guardianship and cooperate with school or school bus service provider's school bus safety management. The guardian of the student should refuse to use the vehicle that does not meet the safety requirements to transfer students to and from school.
Article 13 The education administrative department of the local people's government at or above the county level shall guide and supervise the establishment of a sound school bus safety management system, implement school bus safety management responsibilities, and organize schools to carry out traffic safety education. The traffic management department of the public security organ shall cooperate with the education administrative department to organize schools to carry out traffic safety education.
Chapter 3 School Bus License
Article 14 School buses shall be licensed in accordance with the provisions of these regulations.
To obtain school bus licenses, the following conditions must be met:
(1) The vehicle complies with the national standards for school bus safety, obtains the certificate for the inspection of motor vehicles, and has been registered with the traffic control department of the public security organ;
(b) Drivers who have obtained school bus driving qualifications;
(3) There are reasonable and feasible school bus operation plans including the route of travel, time of departure and stoppages;
(D) have a sound safety management system;
(5) Has already insured motor vehicle carrier liability insurance.
Article 15 Schools or school bus service providers who apply for school bus use permission shall submit a written application to the educational administrative department of the people's government at the county level or a district level to submit materials that meet the conditions specified in Article 14 of the Regulations. The administrative department for education shall, within 3 working days from the date of receipt of the application materials, send it to the traffic management department and the transportation department of the public security organ at the same level for opinions, and the traffic management department and transportation department of the public security organ shall be within 3 working days. Reply comments. The administrative department for education shall, within 5 working days from the date of receipt of the reply, submit its review opinions to the people's government at the corresponding level. If the people’s government at the same level decides to approve, the traffic management department of the public security organ shall issue the school vehicle sign and endorse the type of the school bus and the number of nuclear carriers on the motor vehicle driving permit; if it is not approved, the reason shall be stated in writing.
Article 16 The school bus placard shall clearly indicate the number of the vehicle, the owner of the vehicle, the driver, the driving route, the time of departure, the stop of the bus, the unit for the issuance of school bus signs, and the validity period.
Article 17 Vehicles that obtain school bus signs shall be equipped with uniform school bus signs and parking indication signs.
School buses that do not carry students on roads may not use school bus signs, school bus lights, and parking signs.
Article 18 It is forbidden to use vehicles that have not obtained school bus signs to provide school bus services.
Article 19 Where a vehicle that has obtained school bus signs reaches the scrapping standard or is no longer used as a school bus, the school or school bus service provider shall return the school bus sign to the traffic control department of the public security organ.
Article 20 The school bus shall conduct a technical inspection of motor vehicle safety every six months.
Article 21 School buses shall be equipped with safety devices such as escape hammers, dry powder fire extinguishers and first aid boxes. Safety equipment should be placed in an easily accessible location and ensure good performance and effective application.
The school bus should be equipped with a satellite positioning device with a driving record function.
Article 22 Schools and school bus service providers equipped with school buses shall, in accordance with the provisions of the State, do a good job in the maintenance of school buses, establish safety maintenance files, and ensure that school buses are in good technical condition. School buses that do not meet the safety technical conditions should be shut down for maintenance and eliminate potential safety hazards.
School buses shall be repaired by maintenance companies that have obtained corresponding qualifications according to law. Enterprises undertaking school bus repair business shall maintain the school bus in accordance with the prescribed maintenance technical specifications, and implement a quality guarantee period system for the school bus under maintenance in accordance with the regulations of the competent department of transportation under the State Council, and be responsible for the maintenance quality of the school bus during the quality assurance period.
Chapter 4 School Bus Drivers
Article 23 School bus drivers shall obtain school bus driving qualifications in accordance with the provisions of these Regulations.
Qualifying for school bus driving shall meet the following conditions:
(1) Acquiring a corresponding quasi-driving driver's license and having a driving experience of more than 3 years, aged 25 to over 60 and not exceeding 60;
(b) No full scores have been recorded for the last 3 consecutive scoring periods;
(3) The accident record of a traffic accident without causing death or serious injury;
(4) Having no drunk driving or drunk driving motor vehicle records, there is no record of severe traffic violations such as overdriving passengers, speeding, etc. in the past one year;
(e) No criminal record;
(6) Physical and mental health, no infectious diseases, no epilepsy, mental illness, etc. may have a history of diseases that endanger driving safety, and there are no records of alcohol abuse or drug abuse.
Article 24 Motor vehicle drivers who apply for school bus driving qualifications shall submit a written application to the traffic control department of the public security organ of a county-level or district-level people's government to prove that they meet the conditions prescribed in Article 23 of the Regulations. . The traffic management department of the public security organ shall complete the examination within five working days from the date of receipt of the application materials. If the conditions are met, the motor vehicle driver's license may be endorsed for permission to drive the school bus; if the conditions do not meet the conditions, the reasons shall be stated in writing.
Article 25 A motorized vehicle driver shall not drive a school bus without obtaining school bus driving qualifications. It is forbidden to hire motorists who have not obtained school bus driving qualification to drive the school bus.
Article 26 The school bus driver shall accept the annual inspection of the traffic management department of the public security organ.
Article 27 Drivers of school buses shall abide by the laws and regulations on road traffic safety, and shall drive in a safe and civilized manner in strict accordance with the road traffic regulations and driving operation rules of motor vehicles.
Chapter 5 School Bus Safety
Article 28 School roads should try to avoid dangerous sections with sharp bends, steep slopes, cliffs and water. If they cannot be avoided, the management and maintenance units of roads or traffic facilities should set up safety protection for the above-mentioned dangerous road sections in accordance with standards. Facilities, speed limit signs, warning signs.
Article 29 Where a school bus passes a road that does not meet the conditions for safe traffic or there are hidden dangers of traffic safety, the local people's government shall organize relevant departments to promptly improve road safety conditions and eliminate potential safety hazards.
Article 30 When school buses carry students, school bus signs shall be placed in accordance with the positions stipulated by the public security department of the State Council, and the school bus lights shall be turned on.
School buses carrying students should follow the routes that have been verified and verified, except when traffic control, road construction, natural disasters, severe weather conditions, or major traffic accidents affect road traffic conditions.
Article 31 The traffic management department of the public security organ shall strengthen the management of the road traffic order on the school bus route. In case of traffic congestion, the traffic police should direct the school bus that will carry the students to pass.
School buses carry students and can drive on public traffic lanes and other roads that prohibit social vehicles but allow public traffic.
Article 32 Students on and off the school bus shall park at the stop of the school bus; the road section where no school bus stops may be parked on the public traffic platform.
The management and maintenance units of roads or transport facilities shall set the pre-notice of the school bus stop and the signage of the bus stop of the school bus in accordance with the standards, and plan the line marking the stop of the school bus.
Article 33 When a school bus stops a student on the road, students should stop by the right side of the road, turn on the danger warning flash, and turn on the parking instruction sign. When the school bus stops on the road with only one motor vehicle lane in the same direction, the rear vehicle should stop and wait and must not be overtaken. When a school bus is parked on a road with more than two motor vehicle lanes in the same direction, the motor vehicles on the rear of the parked bus lane and on the adjacent motor vehicle lanes should stop and wait. Motor vehicles on other motor vehicle lanes should slow down. The vehicle waiting for parking behind the school bus must not honour or use lights to urge the school bus.
Article 34 The school bus shall not exceed the authorized number of passengers and shall not be overrun for any reason.
School and school bus service providers must not ask school bus drivers to overcrowd and speed school buses.
Article 35 The maximum speed of a school bus carrying a student on a highway shall not exceed 80 kilometers, and the maximum speed of a school bus traveling on other roads shall not exceed 60 kilometers.
If the maximum speed per hour specified in the road traffic safety laws and regulations or on the road speed limit signs and markings is lower than that specified in the preceding paragraph, it shall prevail.
School buses carrying students shall run on sharp bends, steep slopes, narrow roads, narrow bridges, ice and snow, muddy roads, or in low visibility weather conditions such as fog, rain, snow, dust, and hail. The maximum speed shall not exceed 20 kilometers per hour. .
Article 36 The traffic police may, on the premise of eliminating illegal acts, clear the school buses that violate laws and regulations on road traffic safety, and then impose penalties on the school bus drivers after the school buses complete the task of picking up students.
Article 37 The traffic management department of the public security organ shall strengthen the supervision and inspection of the school bus operation, investigate and punish the school road traffic safety violations according to law, and periodically copy the school bus driver's road traffic safety violations and traffic accident information to its subordinate units and Education administration department.
Chapter 6 School Bus Safety
Article 38 Schools and school bus service providers equipped with school buses shall appoint care workers to take care of the students along with the school bus. Where school bus service providers provide school bus service for the school, the two parties may agree that the school will appoint car attendants.
School and school bus service providers should regularly provide safety education to the car attendants, organize car attendants to learn road traffic safety laws and regulations, emergency handling and emergency rescue knowledge.
Article 39 The car care personnel shall perform the following duties:
(1) When the students get on and off the train, they shall be guided and directed under the car to maintain the order of getting on and off the train;
(2) To find out that the driver has no school bus driving qualifications, drunk driving, driving after drunkenness, or serious physical discomfort and school bus overcrowding, which obviously obstruct traffic safety, stop the school bus from operating;
(3) Count the number of students who will be riding in the bus, help and guide the students in safe seating, fasten the seat belts, and confirm that the driver will start the school bus after the doors are closed;
(4) to prevent students from leaving the seat during the school bus and other dangerous behaviors;
(e) Verify the number of students who have gotten off the bus and confirm that the student who has already left the car can leave the car.
Article 40 Students shall not be allowed to ride in the passenger seat of the school bus.
During school bus transportation, students are prohibited from boarding except for drivers and car attendants.
Article 41 Before a school bus driver drives a school bus on a road, the bus driver shall check whether the conditions of the school bus such as braking, steering, exterior lighting, tires, safety doors, seats, and seat belts are in compliance with safety technical requirements. The hidden school bus runs on the road.
The school bus driver must not refuel the vehicle when the school bus carries the student, and must not leave the driver's seat before the engine of the school bus goes out.
Article 42 In the event of a traffic accident on a school bus, the driver and the person in charge of the vehicle shall immediately report an alarm and set a warning sign. If the student continues to remain in the school bus while he is in danger, the escort officer should evacuate the student to a safe area and contact the school, school bus service provider, and student guardian in a timely manner to handle the follow-up.
Chapter VII Legal Liability
Article 43 If a school bus that does not meet the national standards for school bus safety is produced or sold, it shall be punished in accordance with the laws and administrative regulations on road traffic safety and product quality management.
Article 44 If a motorized vehicle that has been assembled or reaches the standard of scrapping is used to pick up or transfer students, the traffic management department of the public security organ shall collect and forcefully retire the motor vehicle; if the driver is fined not less than 2,000 yuan but not more than 5,000 yuan, his motor vehicle driver's license shall be revoked. A fine of more than 80,000 yuan but less than 100,000 yuan shall be imposed on the owner of the vehicle, and illegal income shall be confiscated.
Article 45 If a school bus service is provided by a vehicle that has not obtained school bus signs or a school bus is driven by a person who has not obtained a school bus driving qualification, the motor vehicle shall be detained by the traffic control department of the public security organ and be punted from 10,000 yuan to 20,000 yuan. Fines, illegal gains will be confiscated.
Where an enterprise or self-employed person that obtains a road transportation business license has the illegal behavior as prescribed in the preceding paragraph, except for the punishment in accordance with the preceding paragraph, if the circumstances are serious, the competent department of transportation shall revoke its operating license.
Forgery, alteration, or use of forged or altered school bus signs, the traffic administrative department of the public security organ shall collect the forged or altered school bus signs, detain the motor vehicle, and impose a fine of 2,000 yuan up to 5,000 yuan.
Article 46 If a school bus is not equipped with safety equipment in accordance with the provisions, or the safety maintenance of the school bus is not carried out in accordance with the provisions, the traffic administrative department of the public security organ shall order it to correct and impose a fine of not less than 1,000 yuan but not more than 3,000 yuan.
Article 47 If a motorized vehicle driver fails to obtain school bus driving qualification to drive a school bus, the traffic administrative department of the public security organ shall impose a fine of not less than 1,000 yuan but not more than 3,000 yuan. If the circumstances are serious, the motor vehicle driver's license may be revoked concurrently.
Article 48 If a school bus driver has one of the following circumstances, the traffic management department of the public security organ shall order it to correct and may impose a fine of 200 yuan:
(1) Driving a school bus to carry students, failing to place a school bus sign, opening a school bus sign light in accordance with regulations, or failing to follow a route that has been verified and verified;
(2) Students on the school bus and up and down are not parked at the stop of the school bus in accordance with the regulations;
(3) The school bus has not carried the students on the road and used school bus signs, school bus lights and parking signs;
(4) Before driving a school bus on a road, it is not checked whether the school vehicle's vehicle condition meets the safety technical requirements, or the school bus on which the safety hazard exists is driving;
(5) Refuel the vehicle when the school bus carries students, or leave the driver's seat before the engine of the school bus goes out.
If a school bus driver violates road traffic safety laws and regulations on road access regulations, the traffic management department of the public security organ shall give heavier punishment according to law.
Article 49 If a school bus driver is punished according to law and regulations on road traffic safety and is punished according to law, or a road traffic accident has occurred and is no longer in conformity with the condition of the school bus driver as prescribed in the present Regulations, the traffic management department of the public security organ shall cancel the school bus driving qualification and stay on board. Motor vehicle driver's license endorsement.
Article 50 Where the number of people carrying school buses exceeds the authorized number, the traffic management department of the public security organ shall remove the vehicles to the state of violation of law and shall he severely punished in accordance with the provisions of road traffic safety laws and regulations.
Article 51 If the traffic management department of the public security organ investigates and punishes a road traffic safety violation of a school bus and detains a vehicle according to law, it shall notify the relevant school or school bus service provider to transfer the student and return the detained vehicle immediately after the illegal status is eliminated.
Article 52 If a motor vehicle driver violates the provisions of these Regulations and does not avoid the school bus, a fine of 200 yuan shall be imposed by the traffic control department of the public security organ.
Article 53 Where a person in charge of attending a school bus without attending a school bus under the provisions of these Regulations is required to take care of a student on board, the public security organ shall order it to make corrections and may be fined 500 yuan.
If the car care worker fails to perform the duties stipulated in these Regulations, the school or school bus service provider shall order it to make corrections; if it refuses to make corrections, it shall be given sanctions or be dismissed.
Article 54 Where a school or school bus service provider that has obtained a school bus license violates the provisions of these Regulations and the circumstances are serious, the local people's government that originally made the licensing decision may revoke its school bus use permit and the traffic management department of the public security organ shall reclaim the school bus badge.
Article 55 If a school violates the provisions of these Regulations, except for punishment in accordance with the relevant provisions of these Regulations, the education administrative department shall give a public criticism; if a student casualty accident occurs, it shall be the responsible leader of the government-run school. Persons directly responsible shall be given punishment in accordance with the law; for privately-run schools, the examination and approval authority shall order them to suspend their enrollment. If the circumstances are serious, their school licenses shall be revoked, and the education administrative department shall order the responsible leaders and directly responsible personnel not to engage in school management within 5 years. .
Article 56 Where the local people's government at or above the county level fails to perform the duties of school bus safety management in accordance with law, resulting in a major school bus accident in this administrative area, the responsible and responsible personnel shall be given sanctions in accordance with the law.
Article 57: Relevant departments such as education, public security, transportation, industry and informationization, quality supervision, inspection and quarantine, and supervision over production safety, etc., and their staff members who do not perform the duty of school bus safety management according to law shall be responsible for the leadership Persons directly responsible for punishment shall be given according to law.
Article 58 Where a violation of the provisions of these Regulations constitutes a violation of public security management, the public security organ shall impose a punishment for public security administration in accordance with the law; if it constitutes a crime, criminal responsibility shall be investigated according to law.
Article 59 If there is a school bus accident that causes personal injury or death or property damage, it shall be liable for compensation according to law.
Chapter VIII Supplementary Provisions
Article 60 Local people's governments at or above the county level shall rationally plan the layout of kindergartens so that young children can enter the park.
Preschool children should be picked up by guardians or their entrusted adults. For those who cannot be picked up by guardians or their entrusted adults due to special circumstances and need to use vehicles for centralized transportation, they shall use the special school bus designed and manufactured in accordance with the national standards for private school buses, and abide by the provisions of this regulation on the safety management of school buses.
Article 61 The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in light of the actual conditions in the region, formulate the measures for the implementation of these Regulations.
Article 62 This Regulation shall come into force as of the date of promulgation.
The school and school bus service providers and school bus service providers who have already provided school buses prior to the implementation of these Regulations shall apply for the school bus permission and school bus driving qualifications within 90 days from the date when this Regulation is implemented.
After the implementation of this Regulation, if a special school bus for picking up primary school children and young children cannot meet the demand, other passenger cars that obtain school bus signs may be used within the transition period prescribed by the people's government of the province, autonomous region, or municipality directly under the Central Government.
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