Lok Sabha Question No. 1953 (UNSTARRED), answered on 2022-07-28
Subject: Transportation of School Children
Ministry: ROAD TRANSPORT AND HIGHWAYS
Asked by: Rajeshbhai Naranbhai Chudasama

## GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

## LOK SABHA UNSTARRED QUESTION NO. 1953 ANSWERED ON 28 TH  JULY, 2022

## TRANSPORTATION OF SCHOOL CHILDREN

1953.  SHRI RAJESHBHAI CHUDASAMA:

## Will the Minister of ROAD TRANSPORT AND HIGHWAYS

सड़क परिवहन औि िाजमार्ग मंत्री

## be pleased to state:

- (a) whether the Government is aware that unsafe means of transport are being used to carry the school children to their schools, thus putting their lives in danger and if so, the reaction of the Government thereto;
- (b) the number of such accidents which have occurred in Delhi and other States, during the last five years and the current year; and
- (c) the details of measures adopted to prevent the use of such unsafe mode of transport for school children and action taken against such vehicles that are violating the safety norms?

## ANSWER

## THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS

(SHRI NITIN JAIRAM GADKARI)

(a)  and  (b)  The  buses  owned  by  college,  school  or  other  educational institutions and used solely for the purpose of transporting students are transport  vehicles  which  require  permits  to  ply  on  public  roads.   Such permits are issued by a State or Regional Transport Authority for use of the vehicles as transport vehicles, in accordance with various terms and conditions,  including  safety  of  the  students.   As  per  provisions  under Section 192A of the Motor Vehicles Act, 1988, whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the permit conditions, shall be punishable with cancellation of the permit and/or with fine or imprisonment or with both.

- (c) The details of measures adopted to prevent the use of such unsafe mode  of  transport  for  school  children  and  norms  prescribed  by  this Ministry against such vehicles that are violating the safety norms are as under:-

(i)  As  per  Section  2  (47)  of  the  Motor  Vehicles  Act,  1988,  an educational institution bus is a transport vehicle which requires a permit to ply on road. Permits are granted by the State Governments with  various  terms  and  conditions.  Such  vehicles  also  need  to undergo mandatory fitness test without which the permit cannot be renewed. Section 192A of the Motor Vehicles Act, 1988 prescribes penalties for using vehicle without permit.

(ii)  The  sub-rule  (2)  of  rule  125C  of  Central  motor  Vehicles Rules, 1989 mandates that the testing and approval for the body building of school buses shall be in accordance with AIS:063-2005, as amended from time to time for vehicles mentioned therein.

Further, this Ministry vide G.S.R. 367(E) dated 13th April, 2018 has  mandated  that  all  school  buses  shall  be  fitted  with  Fire Detection  Alarm  System  (FDAS)  and  Fire  Detection  Suppression System (FDSS) meeting the requirements of AIS-135 and AIS:153.

Furthermore,  this  Ministry  vide  G.S.R.  48(E)  dated  the  27th January, 2022 has notified that the type III buses of category M3 [a motor vehicle used for carriage of passengers, comprising nine or more  seats  in  addition  to  the  driver's  seat  and  having  a  Gross Vehicle Weight exceeding five tonnes] and school buses shall also comply with fire Alarm and protection system in occupant compartment as per AIS-135.

(iii) Section 190 of the Motor Vehicles Act, 1988 prescribes penalties for using vehicle in unsafe condition. Sub-section 2 of Section 190 of the Motor Vehicles Act, 1988 stipulates that any person who drives or causes or allow to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of  three  months  and  for  any  second  or  subsequent  offence  with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.

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