On December 11, 2011, the Chinese government's legal information network published the "Policy Safety Regulations (Draft for Solicitation of Comments)" in the full text to solicit opinions from the public. As of January 11, 2012, a total of 2,818 people had submitted 7030 opinions through the Internet and letters. Many opinions expressed that the development of school bus safety regulations and the incorporation of school bus safety management into the legal track reflect the Party’s and the government’s high concern for the personal safety of minors, and establish and improve the basic system for guaranteeing the safety of school buses to ensure the safety of students going to and from school. It is necessary; at the same time, it puts forward many specific opinions and suggestions on the safety management of school buses and other related issues of the school bus system. mainly:
First, on the protection of the nearest school, give priority to the development of public transport and policy support for the school bus 1, on the protection of the nearest school. Many opinions have suggested that solving the traffic safety problem of students going to and from school cannot only consider the safety of the school bus itself. There is also a risk of school bus re-security, and measures should be taken from the source. The key should still be strictly in accordance with the provisions of the Compulsory Education Law, to ensure that students near the school or boarding school to reduce the students to go to school to learn the traffic risks. Some opinions have raised objections to the withdrawal of schools and teaching sites on a larger scale in some localities in recent years. It is suggested that when they set up and adjust the layout of schools and teaching centers, they should listen to the opinions of local people, especially parents of students. Some people suggest that if we think in reverse, let teachers go by car instead of students to train on the teacher. Is it less risky? Some comments suggest that it is better to build a school than to build a school nearby. A dedicated school bus will cost hundreds of thousands of yuan, plus an operating fee of tens of thousands of yuan per year. This exceeds the cost of building a primary school or teaching facility in rural areas. It is neither safe nor economical. Some suggestions and suggestions clearly stipulate that the withdrawal point and the school must seek the advice of the parents of the students and properly arrange the transportation problems for the students to go to and from school; if there is no proper arrangement, they must not withdraw their points from the school. Some of the opinions put forward that the relocation of schools in conjunction with the withdrawal of schools will help optimize the allocation of educational resources. In villages in rural areas, there are only a dozen or so students. If you want to run a school, it will be difficult to even complete teachers in all subjects, let alone keep good teachers. In order to ensure that rural children in remote areas can also receive better compulsory education, schools should be withdrawn and retreated. Students of boarding schools also have the need to go to and from school on weekends. The school bus safety regulations should not emphasize local schooling or setting up boarding schools. Instead, it should clearly provide that the government should take measures in the scattered rural areas so that students can get on a safe and standardized school bus.
2, on the development of public transport. Many opinions have suggested that local governments should vigorously develop public transport, especially rural passenger trains, to reduce the risk of student concentration. It is proposed to further enrich and refine the provisions in the Exposure Draft on the development of public transport. Some of the comments also suggested that the school bus system should start from the reality that there is a big difference in the level of urban and rural development in China, and make different regulations based on different situations in rural areas and cities. The proposal clearly stipulates that in addition to parents’ driving by themselves, the city should use buses to get to and from school, and it is not allowed to drive school buses, and schools are not encouraged to choose schools from a distance. School buses are mainly scattered in rural areas, and it is difficult to guarantee that students are close to school and public transportation cannot cover rural areas. Regional student services.
3. Policy support for school buses. Many opinions suggested that the state’s policy support for school buses, especially the policy support for school buses in rural areas, is the prerequisite for the implementation of school bus safety regulations. At present, the use of vehicles that do not comply with safety requirements to transport students and serious overloading, resulting in major accidents, mostly occurs in rural areas. Rural areas are the focus of safety school bus demand. It is suggested to further enrich the provisions in the Exposure Draft regarding the state's support for school bus services in rural areas through financial assistance and tax incentives. The first is to further clarify the range of financial aid and taxation preferences, specify the source of funds for the purchase and operation of school buses, and the second to specify the proportion of central finance and local fiscal sharing. Central financial support should be given to central and western regions and other financially difficult places. Tilt; Third, the local government should take measures to ensure that students in rural areas to obtain school bus service to make binding provisions. Some suggestions suggested that the target of financial support for school buses should also include private schools.
Some comments suggested that the school bus safety regulations should solve the problem of school bus safety management and should not be able to carry more content. To ensure that the nearest schools, public transportation, financial support, etc., that do not belong to the school bus safety regulations, should be specifically studied and made specific provisions and should not be stipulated in this Regulation.
Second, on the school bus service object For the use of school bus shuttle compulsory education stage of schooling, most of the views expressed in favor. There are different opinions as to whether children and high school students should use school buses.
Some of the opinions supported the use of school buses to pick up kindergarten children and think this is in line with the current situation. In particular, many young adults in rural areas go out to work, and children are looked after by grandfathers, grandmothers, and other elderly people. They have difficulties in getting children to and from school, and it is a good idea to use school buses to transport children to and from school. At present, many kindergartens have purchased school buses to pick up children. Some opinions disapproved of using school buses to collect and transport young children in a centralized manner. They thought that it was too risky to ensure safety for children aged 3-6 years old without safety precautions and self-protection. Local governments should take measures, including organizing kindergarten classes for children in rural kindergartens or natural villages, and preschool classes for elementary schools, etc., to ensure that children can enter the park nearest to school instead of spending money on school buses. At present, some private kindergartens are aimed at profit. In order to use a school bus to transport children from a distance, many accidents have occurred. The practice should not be promoted. For parents who really need to go to kindergarten, the parents should take care of the shuttle.
Many people agree that school bus service targets do not include high school students, and that high school students have strong self-protection capabilities. They can walk, ride bicycles, take buses, etc. to solve their own transportation problems. There is no need to concentrate on running school buses for high school students. And provide special protection for high school students to ride safety. Some people also suggested that most high school students belong to minors, and that their physical and psychological skills are not yet fully mature. High school students who need to travel to and from school should be included in the use of school buses.
Third, on the special school bus to seek public opinion The school bus on the transfer of infants, primary school students should be in accordance with the relevant national standards for the use of special school bus regulations, some of the views expressed in favor, that this can better protect the safety of children riding, primary school students. Some of the opinions did not support this provision and considered this provision unfeasible, especially in rural areas. The purchase and maintenance costs of private school buses are very high. Rural elementary schools and kindergartens cannot afford private school buses. Even if someone buys them, they cannot afford it. If the kindergarten fees are thus increased, the burden on parents will be increased. Some parents cannot afford them and can only allow children to sit on "black school buses." Moreover, road conditions in rural areas, especially in the mountains, are poor, and private school buses cannot be opened in some places. Some comments suggested that the key to the safety of school buses lies in the quality of drivers. Vehicles can meet the safety and technical conditions of passenger cars. They do not need to be copied abroad, and they must be special school buses.
IV. Duties division of school bus safety management Some opinions suggest that the education department should take the lead to take charge of school bus safety management to urge the education department to take into consideration the layout of the school and the rational use of school buses, and to guide and supervise schools and kindergartens. Good school bus safety management. Some opinions are that the safety management of school buses involves the technical safety conditions of the vehicles, the qualification management of drivers, the maintenance of road traffic orders, etc. These are not managed by the education department and should be the responsibility of the public security department. It is recommended that the public security department take the lead in the safety management of school buses. Some opinions also suggested that the transportation department is responsible for the planning of the transportation system and the management of the transportation market. The transportation and transportation departments should take the lead in the safety management of school buses. There are also opinions that school bus safety management involves many departments and they must cooperate with each other to do a good job together to avoid mutual evasion and create loopholes in management. Local governments can set up a school bus safety management system that can be jointly managed by setting up school bus safety management committees or offices.
Fifth, on the school bus operating mode 1, with school buses. Some of the comments supported the draft of the Opinions concerning the school’s provision of school buses and the fulfillment of the responsibilities for guaranteeing the safety of school buses. It is believed that the school’s opening of school buses is most conducive to guaranteeing student safety while schools also have an obligation to protect students’ safety on campus and on school buses. Some opinions are that schools should not make their own school buses, and they should not give anything or any responsibility to schools. The responsibilities that the school is currently undertaking are too many and too heavy to go beyond the responsibility of the school as an educational institution. The school school bus is a school-run society and it is a retrogression.
2. Whether school bus operations should be marketized. Some comments have suggested that the school bus is a purely public welfare undertaking. The acquisition and operation of the school bus should be entirely responsible by the government and cannot be marketized or commercialized. The government can purchase school buses and give them to the relevant departments such as education, or set up school bus operators to run school buses. If it is commercialized and profit-oriented, it is difficult to fundamentally guarantee the safety of school buses. Some opinions believe that although the school bus service has a certain degree of public welfare, it should not be packaged by the government. It is unsustainable for the government to package it. Should take the government-led, market-oriented operation of the way, to fully mobilize the enthusiasm of all sectors of society, the specific commitment of the school bus business, the government to give appropriate subsidies and strengthen safety supervision.
3. Whether to allow individuals to provide school bus services. Some comments suggested that school bus service is not an ordinary business operation and should not be done if one wants to do it. School bus service can only be provided by transport enterprises that have qualified for road passengers in accordance with the law or school bus franchises established by the government, which is conducive to ensuring safety. Individuals using cars to transport children and students for profit are often over-speeded and overloaded to earn more money; and operations are too scattered and difficult to supervise. Individuals should be explicitly prohibited from providing school bus services. Some of the comments pointed out that at present, the transportation of students by individual operating vehicles in many places, especially in rural areas, is quite common, and some of them are conducted under the organization of local governments. If individuals are not allowed to provide school bus services, on the one hand, the livelihoods of these self-employed individuals will be problematic. On the other hand, there will be cases where the school bus service cannot meet the demand. The key to ensuring the safety of school buses is not whether the school buses are run by companies or individuals, but to strengthen management. It is recommended to fully consider the actual situation and allow individuals to provide school bus services under the premise of strengthening management.
Sixth, on the school bus use permit majority opinion on the draft for comments on the use of school buses should meet the conditions of security, access to the use of the law to review the approval of the provisions in favor of the same time, put forward the following main comments:
1. The conditions for obtaining permission to use school buses. Some proposals clearly stipulate that only vehicles that meet the national standards for private school buses can be used as school buses. The use of modified vehicles as school buses is prohibited. Some proposals put the school’s need to use school buses as a permit condition. Schools that do not need school buses to apply for a school bus permit will not be allowed to enter the school bus. Some proposals provide that school buses should be equipped with technical equipment that ensures safety, such as GPS positioning systems, in-vehicle surveillance equipment, driving recorders, and other appropriate safety devices. There are also recommendations that clearly specify the minimum amount of passenger insurance liability insurance policy. With regard to the issue of the maximum age of school buses, many people think that the provisions of the draft for seeking exposure must not be stricter than the eight-year rule, especially for special school buses. Special school buses have high design standards, good safety performance and relatively high prices. Apart from transporting a few students each day, the rest of the time is basically idle. Most private school buses run less than 20,000 kilometers a year, and some even run only a few thousand kilometers. After 8 years of use, the vehicle condition is still good. If you can't continue using it for 8 years, it will cause great waste. Some people think that the eight-year rule is not strict enough to ensure safety. It is suggested that the school bus lifespan be further shortened.
2. Procedures for applying for permission to use school buses. Some comments were in favor of consultation drafts. The application for permission to use school buses should first be reviewed by the education department, and then the provisions for corresponding registration procedures should be handled with the public security bureau. Some opinions do not support the review by the education department. They believe that the education department is not familiar with the situation of vehicle management and there is no way to issue an audit opinion. It is proposed that the application be made directly to the public security traffic control department. Some proposals should first be reviewed by the transportation department to issue opinions and then apply to the public security traffic control department for school bus signs.
VII. As regards school bus drivers, it is generally believed that the quality and driving behavior of school bus drivers are the key to ensuring the safety of school buses. They are in favor of clearly defining the qualifications of school bus drivers. After the examination meets the conditions, school bus driving qualifications can be obtained. For the qualifications of school bus drivers and the procedures for applying for school bus driving qualifications, the following are the main opinions:
1. Qualifications for school bus drivers. Some people think that the qualification requirements for school bus drivers stipulated in the draft are not strict enough and should be more stringent. Such as: the corresponding quasi-driving qualification "more than 3 years" to "more than 5 years"; the age of not more than 60 years old to not more than 50 years of age, and the provisions of the lower age limit, too young not; requires school bus drivers There should be a certain degree of security and defense skills; increase the psychological quality of school bus drivers; the school bus driver must have no traffic accidents, and so on. Some opinions are that the qualifications of the school bus driver as stipulated in the consultation draft are too strict and practically infeasible in many rural areas. There are few people in rural areas who have a Ben (bus driver's license). Most of these people can find higher-paying jobs, and some have monthly wages of more than 8,000 yuan. It is impossible for school bus to have such a high income. Local monthly income is less than 1,000 yuan. How can the school bus driver’s qualifications be raised so high that where can you find school bus drivers? As long as the school bus driver has the driver's license of the corresponding model, there is a certain driving experience. The key to ensuring safety is to be responsible. The conditions in other areas are too harsh and do not make much sense.
2. Procedures for applying for school bus driving qualifications. Many opinions disapproved of the draft for comments on the qualifications of applying for school bus driver qualifications should first be reviewed by the education department, and then handled the formalities for driving and school bus endorsement procedures with the public security traffic control department. It was considered that the education department was in charge of education, and there was no experience in managing drivers and Capacity does not grasp the driver's relevant information. It is stipulated that the review by the education department has no practical significance, and it also increases the management process, which easily leads to unclear responsibilities. It is recommended that the public security department directly responsible for the review.
VIII. Opinions on Guaranteeing the Safety of School Bus Traffic Protection The safety of school buses is mainly focused on two issues.
1, on school bus traffic priority. Most of them supported the Opinion Draft on the priority of school bus traffic. They considered this as the "bright spot" of the regulations, which is necessary to ensure the safety of underage students in collective travel, and is also conducive to the formation of a caring and comity school bus in the whole society. The civilized fashion. It is recommended to further improve the relevant implementation safeguard measures. Some of the opinions put forward that these provisions are to follow the example of foreign countries and are inconsistent with our national conditions. There are no bus lanes in rural areas, and few traffic policemen are on duty. These priorities are basically not available. In cities, traffic congestion will be exacerbated. The privilege of school buses may also lead to a reduction in the driver’s sense of responsibility and it may be unsafe. On the road, the school bus encountered ambulances and fire engines. Whoever asked whom, was also a problem. Some opinions suggest that different regulations should be made according to different situations. For example, when the school bus is parked, it is stipulated separately that: The bus parked on the school bus has multiple lanes in the same direction, and the car behind the school bus parking lane should be parked and waiting. Vehicles in other lanes do not have to wait; or it is stipulated that when the school bus is parked up or down, the rear vehicle should drive cautiously and pass at a low speed.
2, on the school bus speed limit. Some of them agreed that the speed of school buses should not exceed 60 kilometers per hour. It is recommended that technical measures be taken to limit the maximum speed of school buses in the design and production processes. Some suggestions suggest to further reduce the maximum speed of school buses, such as 50 kilometers or 40 kilometers. Some opinions are that school buses, like other vehicles, can implement the speed limit regulations of road traffic safety laws and regulations. Limiting the maximum speed of a school bus to 60 kilometers is too rigid, and its operability is not strong enough. It is not completely in line with reality. For example, a school bus is not safe at a speed limit of 60 kilometers on a highway, and it also affects traffic efficiency. Some proposals provide that the speed of the school bus on the highway must not exceed 100 kilometers.
Nine, on the protection of school bus ride safety, there are three main views.
1. About the assigned car care personnel assigned by the school. Some comments were in favor of the Opinion Draft, which stipulated that the school should appoint personnel to follow the student's rules throughout the school bus. He believed that the school's assigned personnel were familiar with the student situation and that it was convenient for students to communicate and communicate with each other. The unified management, education, and training of these personnel are beneficial to ensuring the safety of students' travel. Some opinions disapproved that the school assigned car escorts to the staff, thinking that the establishment of the school was strained and that the pressure on the teachers was already very great. Before the students went to school and after school, they also had to take care of the vehicles, which was unbearable and could affect teaching. The order and quality of teaching are even more so in the case of schools with multiple school buses. The proposal clearly stipulates that the school-owned school bus can be assigned by the school to attend the car; the school provides the school bus to the school bus service provider, and the school bus service provider assigns the car care worker; or the school and the school bus supplier negotiate on whom Assign car care personnel.
2, on the prohibition of school bus overload. Some of them supported the Opinion Draft that school buses should not be overloaded for any reason. They believed that the current phenomenon of serious overloading of school buses was widespread and brought serious risks to the safety of school buses. In the event of an accident, it often caused serious student casualties, and school buses must be strictly prohibited from overloading. Increase penalties for overloading. Some opinions are that the above provisions are not realistic and not entirely reasonable. Many of the school buses currently in use are based on adult standards to verify the number of passengers, and are not in line with the actual conditions of students, especially pupils and children, their height and weight. In a seat, two to three children and elementary school students can sit completely, and one seat and one seat are not safe. From the actual situation, overload is not the main cause of the accident. The buses in the city are overloaded every day. If the school bus is completely prohibited from overloading, the school bus has to increase the speed and increase the number of operations. This poses a greater safety risk. It is recommended that a reasonable range of allowable overloading be provided, or that the number of on-board passengers be reasonably verified according to the actual situation of primary school children and young children.
X. Regarding legal liability Some opinions hold that the legal responsibility stipulated in the consultation draft should be further aggravated, such as a substantial increase in the amount of fines, the cancellation of the passenger transport business license of the school bus service provider, the ban on driving of school bus drivers for life, and the revocation of the position of principal. Dismiss teachers and car attendants, expel relevant personnel from public positions, etc. to enhance the deterrence of the law. Some opinions do not support a substantial increase in legal liability. They believe that the main problem in practice is not that penalties are not severe enough, but that supervision is not in place. If we can ensure that regulatory enforcement is in place, the legal responsibilities provided for by existing laws and regulations are sufficient to play the necessary disciplinary and warning roles. If we cannot effectively solve the issue of regulatory enforcement, it will be useless to provide multiple legal responsibilities. There are also opinions that the main problems that currently jeopardize the safety of school buses, such as speeding, overloading, etc., have already been stipulated in the current "Road Traffic Safety Law." This regulation does not need to be specified otherwise, nor should it be inconsistent with the superior law. Provisions.
XI. Regarding the implementation of the draft of the draft for the transitional period, the special school buses used to transport infants and primary school children within 3 years from the date of the implementation of this regulation cannot meet the demand, and non-specialized school buses may be used in accordance with the regulations of the provincial government. For a certain period of transition, they generally agree. However, there are different opinions on the specific period of the transitional period. Some people think that the three-year transitional period is in line with reality and they agree. Some opinions believe that the three-year transition period is too long. As long as the government is determined to rectify and strengthen support for the production and deployment of special school buses, it can meet the requirements in the short term. It is recommended that the transition period be shortened to 1-2 years. Some suggest that all private school buses should be completed before September 1, 2012. There are also many opinions that the three-year transition period is relatively short. Many places have difficulties in replacing private school buses within three years. In addition, setting up a transitional period cannot only consider the problem of cars, but should also consider the issue of roads. Some impoverished mountainous areas do not have access to special school buses due to the existing road conditions. To solve the road problem, it is obviously not enough for three years. It is recommended that the transition period be extended to 5 years or longer.
In addition, all parties also proposed some other amendments to the Opinion Draft, which mainly include: The models of special school buses should be diversified, not all large vehicles, to adapt to the conditions of roads in different places, especially in mountainous regions; public transport bus companies should be listed And the models they produce are easy for schools and kindergartens to buy; the requirement that the car attendant and the student's guardian should be handed over to the stop of the school bus is unrealistic; the driver should be prohibited from smoking on the school bus and making phone calls; the school bus should be increased Charged content etc.
The Legal Affairs Office of the State Council and the relevant departments are conscientiously sorting out the opinions of the public, studying them one by one, and making further amendments to the draft for soliciting opinions.
First, on the protection of the nearest school, give priority to the development of public transport and policy support for the school bus 1, on the protection of the nearest school. Many opinions have suggested that solving the traffic safety problem of students going to and from school cannot only consider the safety of the school bus itself. There is also a risk of school bus re-security, and measures should be taken from the source. The key should still be strictly in accordance with the provisions of the Compulsory Education Law, to ensure that students near the school or boarding school to reduce the students to go to school to learn the traffic risks. Some opinions have raised objections to the withdrawal of schools and teaching sites on a larger scale in some localities in recent years. It is suggested that when they set up and adjust the layout of schools and teaching centers, they should listen to the opinions of local people, especially parents of students. Some people suggest that if we think in reverse, let teachers go by car instead of students to train on the teacher. Is it less risky? Some comments suggest that it is better to build a school than to build a school nearby. A dedicated school bus will cost hundreds of thousands of yuan, plus an operating fee of tens of thousands of yuan per year. This exceeds the cost of building a primary school or teaching facility in rural areas. It is neither safe nor economical. Some suggestions and suggestions clearly stipulate that the withdrawal point and the school must seek the advice of the parents of the students and properly arrange the transportation problems for the students to go to and from school; if there is no proper arrangement, they must not withdraw their points from the school. Some of the opinions put forward that the relocation of schools in conjunction with the withdrawal of schools will help optimize the allocation of educational resources. In villages in rural areas, there are only a dozen or so students. If you want to run a school, it will be difficult to even complete teachers in all subjects, let alone keep good teachers. In order to ensure that rural children in remote areas can also receive better compulsory education, schools should be withdrawn and retreated. Students of boarding schools also have the need to go to and from school on weekends. The school bus safety regulations should not emphasize local schooling or setting up boarding schools. Instead, it should clearly provide that the government should take measures in the scattered rural areas so that students can get on a safe and standardized school bus.
2, on the development of public transport. Many opinions have suggested that local governments should vigorously develop public transport, especially rural passenger trains, to reduce the risk of student concentration. It is proposed to further enrich and refine the provisions in the Exposure Draft on the development of public transport. Some of the comments also suggested that the school bus system should start from the reality that there is a big difference in the level of urban and rural development in China, and make different regulations based on different situations in rural areas and cities. The proposal clearly stipulates that in addition to parents’ driving by themselves, the city should use buses to get to and from school, and it is not allowed to drive school buses, and schools are not encouraged to choose schools from a distance. School buses are mainly scattered in rural areas, and it is difficult to guarantee that students are close to school and public transportation cannot cover rural areas. Regional student services.
3. Policy support for school buses. Many opinions suggested that the state’s policy support for school buses, especially the policy support for school buses in rural areas, is the prerequisite for the implementation of school bus safety regulations. At present, the use of vehicles that do not comply with safety requirements to transport students and serious overloading, resulting in major accidents, mostly occurs in rural areas. Rural areas are the focus of safety school bus demand. It is suggested to further enrich the provisions in the Exposure Draft regarding the state's support for school bus services in rural areas through financial assistance and tax incentives. The first is to further clarify the range of financial aid and taxation preferences, specify the source of funds for the purchase and operation of school buses, and the second to specify the proportion of central finance and local fiscal sharing. Central financial support should be given to central and western regions and other financially difficult places. Tilt; Third, the local government should take measures to ensure that students in rural areas to obtain school bus service to make binding provisions. Some suggestions suggested that the target of financial support for school buses should also include private schools.
Some comments suggested that the school bus safety regulations should solve the problem of school bus safety management and should not be able to carry more content. To ensure that the nearest schools, public transportation, financial support, etc., that do not belong to the school bus safety regulations, should be specifically studied and made specific provisions and should not be stipulated in this Regulation.
Second, on the school bus service object For the use of school bus shuttle compulsory education stage of schooling, most of the views expressed in favor. There are different opinions as to whether children and high school students should use school buses.
Some of the opinions supported the use of school buses to pick up kindergarten children and think this is in line with the current situation. In particular, many young adults in rural areas go out to work, and children are looked after by grandfathers, grandmothers, and other elderly people. They have difficulties in getting children to and from school, and it is a good idea to use school buses to transport children to and from school. At present, many kindergartens have purchased school buses to pick up children. Some opinions disapproved of using school buses to collect and transport young children in a centralized manner. They thought that it was too risky to ensure safety for children aged 3-6 years old without safety precautions and self-protection. Local governments should take measures, including organizing kindergarten classes for children in rural kindergartens or natural villages, and preschool classes for elementary schools, etc., to ensure that children can enter the park nearest to school instead of spending money on school buses. At present, some private kindergartens are aimed at profit. In order to use a school bus to transport children from a distance, many accidents have occurred. The practice should not be promoted. For parents who really need to go to kindergarten, the parents should take care of the shuttle.
Many people agree that school bus service targets do not include high school students, and that high school students have strong self-protection capabilities. They can walk, ride bicycles, take buses, etc. to solve their own transportation problems. There is no need to concentrate on running school buses for high school students. And provide special protection for high school students to ride safety. Some people also suggested that most high school students belong to minors, and that their physical and psychological skills are not yet fully mature. High school students who need to travel to and from school should be included in the use of school buses.
Third, on the special school bus to seek public opinion The school bus on the transfer of infants, primary school students should be in accordance with the relevant national standards for the use of special school bus regulations, some of the views expressed in favor, that this can better protect the safety of children riding, primary school students. Some of the opinions did not support this provision and considered this provision unfeasible, especially in rural areas. The purchase and maintenance costs of private school buses are very high. Rural elementary schools and kindergartens cannot afford private school buses. Even if someone buys them, they cannot afford it. If the kindergarten fees are thus increased, the burden on parents will be increased. Some parents cannot afford them and can only allow children to sit on "black school buses." Moreover, road conditions in rural areas, especially in the mountains, are poor, and private school buses cannot be opened in some places. Some comments suggested that the key to the safety of school buses lies in the quality of drivers. Vehicles can meet the safety and technical conditions of passenger cars. They do not need to be copied abroad, and they must be special school buses.
IV. Duties division of school bus safety management Some opinions suggest that the education department should take the lead to take charge of school bus safety management to urge the education department to take into consideration the layout of the school and the rational use of school buses, and to guide and supervise schools and kindergartens. Good school bus safety management. Some opinions are that the safety management of school buses involves the technical safety conditions of the vehicles, the qualification management of drivers, the maintenance of road traffic orders, etc. These are not managed by the education department and should be the responsibility of the public security department. It is recommended that the public security department take the lead in the safety management of school buses. Some opinions also suggested that the transportation department is responsible for the planning of the transportation system and the management of the transportation market. The transportation and transportation departments should take the lead in the safety management of school buses. There are also opinions that school bus safety management involves many departments and they must cooperate with each other to do a good job together to avoid mutual evasion and create loopholes in management. Local governments can set up a school bus safety management system that can be jointly managed by setting up school bus safety management committees or offices.
Fifth, on the school bus operating mode 1, with school buses. Some of the comments supported the draft of the Opinions concerning the school’s provision of school buses and the fulfillment of the responsibilities for guaranteeing the safety of school buses. It is believed that the school’s opening of school buses is most conducive to guaranteeing student safety while schools also have an obligation to protect students’ safety on campus and on school buses. Some opinions are that schools should not make their own school buses, and they should not give anything or any responsibility to schools. The responsibilities that the school is currently undertaking are too many and too heavy to go beyond the responsibility of the school as an educational institution. The school school bus is a school-run society and it is a retrogression.
2. Whether school bus operations should be marketized. Some comments have suggested that the school bus is a purely public welfare undertaking. The acquisition and operation of the school bus should be entirely responsible by the government and cannot be marketized or commercialized. The government can purchase school buses and give them to the relevant departments such as education, or set up school bus operators to run school buses. If it is commercialized and profit-oriented, it is difficult to fundamentally guarantee the safety of school buses. Some opinions believe that although the school bus service has a certain degree of public welfare, it should not be packaged by the government. It is unsustainable for the government to package it. Should take the government-led, market-oriented operation of the way, to fully mobilize the enthusiasm of all sectors of society, the specific commitment of the school bus business, the government to give appropriate subsidies and strengthen safety supervision.
3. Whether to allow individuals to provide school bus services. Some comments suggested that school bus service is not an ordinary business operation and should not be done if one wants to do it. School bus service can only be provided by transport enterprises that have qualified for road passengers in accordance with the law or school bus franchises established by the government, which is conducive to ensuring safety. Individuals using cars to transport children and students for profit are often over-speeded and overloaded to earn more money; and operations are too scattered and difficult to supervise. Individuals should be explicitly prohibited from providing school bus services. Some of the comments pointed out that at present, the transportation of students by individual operating vehicles in many places, especially in rural areas, is quite common, and some of them are conducted under the organization of local governments. If individuals are not allowed to provide school bus services, on the one hand, the livelihoods of these self-employed individuals will be problematic. On the other hand, there will be cases where the school bus service cannot meet the demand. The key to ensuring the safety of school buses is not whether the school buses are run by companies or individuals, but to strengthen management. It is recommended to fully consider the actual situation and allow individuals to provide school bus services under the premise of strengthening management.
Sixth, on the school bus use permit majority opinion on the draft for comments on the use of school buses should meet the conditions of security, access to the use of the law to review the approval of the provisions in favor of the same time, put forward the following main comments:
1. The conditions for obtaining permission to use school buses. Some proposals clearly stipulate that only vehicles that meet the national standards for private school buses can be used as school buses. The use of modified vehicles as school buses is prohibited. Some proposals put the school’s need to use school buses as a permit condition. Schools that do not need school buses to apply for a school bus permit will not be allowed to enter the school bus. Some proposals provide that school buses should be equipped with technical equipment that ensures safety, such as GPS positioning systems, in-vehicle surveillance equipment, driving recorders, and other appropriate safety devices. There are also recommendations that clearly specify the minimum amount of passenger insurance liability insurance policy. With regard to the issue of the maximum age of school buses, many people think that the provisions of the draft for seeking exposure must not be stricter than the eight-year rule, especially for special school buses. Special school buses have high design standards, good safety performance and relatively high prices. Apart from transporting a few students each day, the rest of the time is basically idle. Most private school buses run less than 20,000 kilometers a year, and some even run only a few thousand kilometers. After 8 years of use, the vehicle condition is still good. If you can't continue using it for 8 years, it will cause great waste. Some people think that the eight-year rule is not strict enough to ensure safety. It is suggested that the school bus lifespan be further shortened.
2. Procedures for applying for permission to use school buses. Some comments were in favor of consultation drafts. The application for permission to use school buses should first be reviewed by the education department, and then the provisions for corresponding registration procedures should be handled with the public security bureau. Some opinions do not support the review by the education department. They believe that the education department is not familiar with the situation of vehicle management and there is no way to issue an audit opinion. It is proposed that the application be made directly to the public security traffic control department. Some proposals should first be reviewed by the transportation department to issue opinions and then apply to the public security traffic control department for school bus signs.
VII. As regards school bus drivers, it is generally believed that the quality and driving behavior of school bus drivers are the key to ensuring the safety of school buses. They are in favor of clearly defining the qualifications of school bus drivers. After the examination meets the conditions, school bus driving qualifications can be obtained. For the qualifications of school bus drivers and the procedures for applying for school bus driving qualifications, the following are the main opinions:
1. Qualifications for school bus drivers. Some people think that the qualification requirements for school bus drivers stipulated in the draft are not strict enough and should be more stringent. Such as: the corresponding quasi-driving qualification "more than 3 years" to "more than 5 years"; the age of not more than 60 years old to not more than 50 years of age, and the provisions of the lower age limit, too young not; requires school bus drivers There should be a certain degree of security and defense skills; increase the psychological quality of school bus drivers; the school bus driver must have no traffic accidents, and so on. Some opinions are that the qualifications of the school bus driver as stipulated in the consultation draft are too strict and practically infeasible in many rural areas. There are few people in rural areas who have a Ben (bus driver's license). Most of these people can find higher-paying jobs, and some have monthly wages of more than 8,000 yuan. It is impossible for school bus to have such a high income. Local monthly income is less than 1,000 yuan. How can the school bus driver’s qualifications be raised so high that where can you find school bus drivers? As long as the school bus driver has the driver's license of the corresponding model, there is a certain driving experience. The key to ensuring safety is to be responsible. The conditions in other areas are too harsh and do not make much sense.
2. Procedures for applying for school bus driving qualifications. Many opinions disapproved of the draft for comments on the qualifications of applying for school bus driver qualifications should first be reviewed by the education department, and then handled the formalities for driving and school bus endorsement procedures with the public security traffic control department. It was considered that the education department was in charge of education, and there was no experience in managing drivers and Capacity does not grasp the driver's relevant information. It is stipulated that the review by the education department has no practical significance, and it also increases the management process, which easily leads to unclear responsibilities. It is recommended that the public security department directly responsible for the review.
VIII. Opinions on Guaranteeing the Safety of School Bus Traffic Protection The safety of school buses is mainly focused on two issues.
1, on school bus traffic priority. Most of them supported the Opinion Draft on the priority of school bus traffic. They considered this as the "bright spot" of the regulations, which is necessary to ensure the safety of underage students in collective travel, and is also conducive to the formation of a caring and comity school bus in the whole society. The civilized fashion. It is recommended to further improve the relevant implementation safeguard measures. Some of the opinions put forward that these provisions are to follow the example of foreign countries and are inconsistent with our national conditions. There are no bus lanes in rural areas, and few traffic policemen are on duty. These priorities are basically not available. In cities, traffic congestion will be exacerbated. The privilege of school buses may also lead to a reduction in the driver’s sense of responsibility and it may be unsafe. On the road, the school bus encountered ambulances and fire engines. Whoever asked whom, was also a problem. Some opinions suggest that different regulations should be made according to different situations. For example, when the school bus is parked, it is stipulated separately that: The bus parked on the school bus has multiple lanes in the same direction, and the car behind the school bus parking lane should be parked and waiting. Vehicles in other lanes do not have to wait; or it is stipulated that when the school bus is parked up or down, the rear vehicle should drive cautiously and pass at a low speed.
2, on the school bus speed limit. Some of them agreed that the speed of school buses should not exceed 60 kilometers per hour. It is recommended that technical measures be taken to limit the maximum speed of school buses in the design and production processes. Some suggestions suggest to further reduce the maximum speed of school buses, such as 50 kilometers or 40 kilometers. Some opinions are that school buses, like other vehicles, can implement the speed limit regulations of road traffic safety laws and regulations. Limiting the maximum speed of a school bus to 60 kilometers is too rigid, and its operability is not strong enough. It is not completely in line with reality. For example, a school bus is not safe at a speed limit of 60 kilometers on a highway, and it also affects traffic efficiency. Some proposals provide that the speed of the school bus on the highway must not exceed 100 kilometers.
Nine, on the protection of school bus ride safety, there are three main views.
1. About the assigned car care personnel assigned by the school. Some comments were in favor of the Opinion Draft, which stipulated that the school should appoint personnel to follow the student's rules throughout the school bus. He believed that the school's assigned personnel were familiar with the student situation and that it was convenient for students to communicate and communicate with each other. The unified management, education, and training of these personnel are beneficial to ensuring the safety of students' travel. Some opinions disapproved that the school assigned car escorts to the staff, thinking that the establishment of the school was strained and that the pressure on the teachers was already very great. Before the students went to school and after school, they also had to take care of the vehicles, which was unbearable and could affect teaching. The order and quality of teaching are even more so in the case of schools with multiple school buses. The proposal clearly stipulates that the school-owned school bus can be assigned by the school to attend the car; the school provides the school bus to the school bus service provider, and the school bus service provider assigns the car care worker; or the school and the school bus supplier negotiate on whom Assign car care personnel.
2, on the prohibition of school bus overload. Some of them supported the Opinion Draft that school buses should not be overloaded for any reason. They believed that the current phenomenon of serious overloading of school buses was widespread and brought serious risks to the safety of school buses. In the event of an accident, it often caused serious student casualties, and school buses must be strictly prohibited from overloading. Increase penalties for overloading. Some opinions are that the above provisions are not realistic and not entirely reasonable. Many of the school buses currently in use are based on adult standards to verify the number of passengers, and are not in line with the actual conditions of students, especially pupils and children, their height and weight. In a seat, two to three children and elementary school students can sit completely, and one seat and one seat are not safe. From the actual situation, overload is not the main cause of the accident. The buses in the city are overloaded every day. If the school bus is completely prohibited from overloading, the school bus has to increase the speed and increase the number of operations. This poses a greater safety risk. It is recommended that a reasonable range of allowable overloading be provided, or that the number of on-board passengers be reasonably verified according to the actual situation of primary school children and young children.
X. Regarding legal liability Some opinions hold that the legal responsibility stipulated in the consultation draft should be further aggravated, such as a substantial increase in the amount of fines, the cancellation of the passenger transport business license of the school bus service provider, the ban on driving of school bus drivers for life, and the revocation of the position of principal. Dismiss teachers and car attendants, expel relevant personnel from public positions, etc. to enhance the deterrence of the law. Some opinions do not support a substantial increase in legal liability. They believe that the main problem in practice is not that penalties are not severe enough, but that supervision is not in place. If we can ensure that regulatory enforcement is in place, the legal responsibilities provided for by existing laws and regulations are sufficient to play the necessary disciplinary and warning roles. If we cannot effectively solve the issue of regulatory enforcement, it will be useless to provide multiple legal responsibilities. There are also opinions that the main problems that currently jeopardize the safety of school buses, such as speeding, overloading, etc., have already been stipulated in the current "Road Traffic Safety Law." This regulation does not need to be specified otherwise, nor should it be inconsistent with the superior law. Provisions.
XI. Regarding the implementation of the draft of the draft for the transitional period, the special school buses used to transport infants and primary school children within 3 years from the date of the implementation of this regulation cannot meet the demand, and non-specialized school buses may be used in accordance with the regulations of the provincial government. For a certain period of transition, they generally agree. However, there are different opinions on the specific period of the transitional period. Some people think that the three-year transitional period is in line with reality and they agree. Some opinions believe that the three-year transition period is too long. As long as the government is determined to rectify and strengthen support for the production and deployment of special school buses, it can meet the requirements in the short term. It is recommended that the transition period be shortened to 1-2 years. Some suggest that all private school buses should be completed before September 1, 2012. There are also many opinions that the three-year transition period is relatively short. Many places have difficulties in replacing private school buses within three years. In addition, setting up a transitional period cannot only consider the problem of cars, but should also consider the issue of roads. Some impoverished mountainous areas do not have access to special school buses due to the existing road conditions. To solve the road problem, it is obviously not enough for three years. It is recommended that the transition period be extended to 5 years or longer.
In addition, all parties also proposed some other amendments to the Opinion Draft, which mainly include: The models of special school buses should be diversified, not all large vehicles, to adapt to the conditions of roads in different places, especially in mountainous regions; public transport bus companies should be listed And the models they produce are easy for schools and kindergartens to buy; the requirement that the car attendant and the student's guardian should be handed over to the stop of the school bus is unrealistic; the driver should be prohibited from smoking on the school bus and making phone calls; the school bus should be increased Charged content etc.
The Legal Affairs Office of the State Council and the relevant departments are conscientiously sorting out the opinions of the public, studying them one by one, and making further amendments to the draft for soliciting opinions.
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