PREAMBLE
In exercise of the
powers conferred by clause (xxxiii) of sub-section (2) of Section 96, Sections
111, 117 read with Section 67 of the Motor Vehicles Act, 1988 (59 of 1988), and
of all other powers enabling it in this behalf, the Government of Maharashtra
hereby makes the following rules, the same having been previously published, as
required by sub-section (1) of Section 212 of the said Act, namely:
Rule - 1.
These rules may be called the Maharashtra
Motor Vehicles (Regulations for School Buses), Rules, 2011.
Rule - 2. Definitions.
In these rules, unless the context otherwise
requires
(a)
"Act"
means the Motor Vehicles Act, 1988;
(b)
"Appropriate
Authority" means the Authority which is authorised under the Act to grant
a permit in respect of a school buses;
(c)
"Contract
Carriage" means as defined in Motor Vehicles Act, 1988;
(d)
"Educational
Institution Bus" means as defined in Motor Vehicles Act, 1988;
(e)
"School
Bus" means contract carriage vehicle which is designed and constructed
specially for schools, colleges, and other educational institutions and
includes four wheeler Light Motor Vehicle having registered seating capacity
upto 12;
(f)
"Transport
Vehicle" means as defined in Motor Vehicles Act, 1988;
(g)
"School
Authority" means the Head Master, Principal or Teacher of school;
(h)
"Attendant"
means a teacher or any other person appointed by the school for the purposes of
these rules;
(i)
"Prescribed"
means prescribed by rule made under this Act.
(j)
Words
and expressions used but not defined herein shall have their respective
meanings, as assigned to them in the Act.
Rule - 3. Necessity of permit.
No owner or operator of a motor vehicle shall
use or permit the use of the vehicle as a transport vehicle in any public place
for carrying school children unless he carries a valid contract carriage permit
issued under Section 74 of the Act permitting the use of the vehicle for
carrying school children and authorizing the use of the vehicle in that place
in the manner in which the vehicle is being used.
Rule - 4. Grant of contract carriage permit to carry school children.
Subject to the provisions of sub-section (3)
of Section 74 of the Act, a Regional Transport Authority may on an application
made to it under Section 73, grant a contract carriage permit for carrying
school children in accordance with the application or with such modifications
as it deems fit subject to conditions laid down under this rule, or refuse to
grant such permit.
Rule - 5. District School Bus Safety Committee.
(1)
There
shall be a District School Bus Safety Committee for each district to discuss,
decide and recommend the issues pertaining to safety of children and their
transportation under the Chairmanship of Police Commissioner or District Superintendent
of Police and (i) Chief Executive Officer, Zilla Parishad or his nominee not
below the rank of Additional Chief Executive Officer of Zilla Parishad, (ii)
Municipal Commissioner's or Additional Municipal Commissioner or his nominee
not below the rank of Deputy Municipal Commissioner, (iii) General Manager or
Transport Manager of Municipal Transport, (iv) Divisional Controller,
Maharashtra State Road Transport Corporation, (v) Chief Officer of Municipal
Council and (vi) Education Officer (Primary and Secondary) of Zilla Parishad
shall be the members of the said Committee, the chairman of committee shall
nominate one person from each taluka as representative of schools and colleges
and the Deputy Regional Transport Officer of the district shall be member-secretary
to the Committee. The Committee shall meet at least once in six months to
review and monitor the issues relating to safety of transportation of school
children.
(2)
Every
school shall have a transport committee to look into the matters pertaining to
safe transportation of school children, transportation fees, identification of
bus stops and the committee shall verify documents of the vehicle viz.
Registration Certificate, Certificate of Fitness, Certificate of Insurance,
Permit, Pollution under Certificate, Driving Licence, Fire Extinguisher, First
Aid Kit.
(3)
The
committee shall be headed by the Principal of the school and shall have one
Parent Teacher Association representative, Traffic or Police Inspector of the
respective area, Inspector of Motor Vehicles or Assistant Inspector of Motor
Vehicles of that area, Education Inspector, representative of bus contractor
and representative of local authority. The committee shall meet at least once
in three months prior to commencement of each semester.
Rule - 6. Parking and halting places.
The Regional Transport Authority in
consultation with the School Authorities, Traffic Police and Municipal
Corporation or Council shall specify the parking and halting places at
appropriate locations exclusively for the school buses having regard to the
school timings and safety of the children.
Rule - 7.
(A)
Forms of application in respect of school buses
owned by school.
Every application for grant and renewal of
permit in respect of vehicle owned by school and used for transportation shall
be in Form P.Sc.Co.S. as prescribed in the Schedule under these Rules.
(B)
Forms of application for vehicles owned by other
than school and used as school contract carriage permit.
Every application for grant and renewal of
school contract carriage permit in respect of vehicles owned by other than
school and used as school contract carriage shall be in Form P.Co.S. as
prescribed in the Schedule under these rules.
Rule - 8. Forms of permits.
(A)
Permit
in respect of vehicle owned by school and used for transportation of school
children shall be granted in Form P.Sc.Co.S.A. as prescribed in the Schedule
under these rules.
(B)
Permit
in respect of vehicle owned by other than school and used as school contract
carriage for transportation of school children shall be granted in Form
P.Co.S.B. as prescribed in the Schedule under these Rules.
Rule - 9. Permit fees.
The fee in respect of application shall be,
(a)
for
grant and renewal of a permit or a counter signature for school bus owned by
schooltwo hundred rupees;
(b)
for
grant and renewal of a permit or a counter signature for contract carriage
school bustwo hundred rupees;
(c)
for
grant and renewal of a permit or a counter signature for contract carriage
permit in respect of four wheeled light motor vehicle with seating capacity
upto twelveone hundred and fifty rupees.
Rule - 10. General conditions attaching to school bus contract carriage permit.
(i)
The
vehicles covered by the said permit and used exclusively for carriage of school
children shall be painted in yellow colour and shall display the words
"School Bus" in front of the vehicle and in the rear. For school
identification the name of the school shall be painted on 150 mm wide, golden
brown band on all size of bus below the window level.
(ii)
The
vehicles having school contract in addition to any other contract shall not be
required to be painted in yellow colour:
Provided that, a yellow strip of 400 mm shall
be painted on all sides of the bus below the window level.
(iii)
The
vehicle used as school bus shall not be more than 15 years old from the date of
initial registration:
Provided that, school buses used in the city
of Mumbai shall not be more than 8 years old from the date of initial
registration:
Provided further that, school buses which are
running on Compressed Natural Gas (CNG) and which are not, more than 15 years
old from the date of initial registration shall be permitted for carrying
school children in Mumbai.
(iv)
The
vehicle shall carry a complete list of the school children, indicating in
respect of each student, the name, class, residential address, contact phone
number or mobile number, blood group and the points of stoppage for his or her
embarkation and disembarkation near his or her residence against his or her
name. The list shall also indicate the route plan duly attested by the head of
the educational institution showing the place of origin, termination and
detailed route it has to follow.
(v)
Every
school bus in addition to driver shall have an attendant as prescribed in Rule
249 of the Maharashtra Motor Vehicles Rules, 1989. In case of school bus
carrying girl child there shall be a female attendant present in the bus who
shall attend to the needs of children travelling in the school bus and ensure
their safety while they are embarking or disembarking from the school bus and
shall also keep a general vigil during the course of complete journey.
(vi)
In
case of emergency the school bus driver and the attendant shall inform the
school authorities about the incidence and make necessary arrangement for
safety of school children.
(vii)
In
case of kindergarden children if an authorized person (recognized mutually by
the school and parents) does not come to pick the child from the bus stop then
such child shall be taken back to the school and their parents should be called
to fetch the child.
(viii)
The
lowest foot step of the board shall be at a height not exceeding 220 m.m. from
the ground and all steps should be fitted with non-slip treads.
(ix)
The
school bus shall be equipped with convex cross view mirrors by which the driver
should be able to see the exit door and entrance door and the front of the rear
wheels of the motor vehicle clearly and it is also equipped with large
parabolic rear view mirror to enable the driver to have a clear view of the
inside of the bus.
(x)
The
school bus shall be provided with hand-rails along the steps at the front door,
which shall also be used both as entry and exit door. The height, material
design of the hand rails shall be as per general directions issued by the
Government.
(xi)
The
school bus shall have vertical stanchions, appropriately spaced from each other
and firmly rooted to the roofs and the surface of the stanchions and floor of
the vehicle is made of material which is non-slippery as per general directions
issued by the Government.
(xii)
The
school bus shall not be fitted with any pressure horn or any other device for
producing tonal sound which is operated on air pressure drawn from the braking
system.
(xiii)
The
school bus shall be equipped with, First-Aid Box with glazed front and two fire
extinguishers of ABC type, capacity 5 kg each bearing ISI mark, one in the
drivers cabin and other in the rear near the emergency door of the school bus:
Provided that, it shall be sufficient to have
one fire extinguisher of ABC type, capacity of 5 kg each bearing ISI mark in
four wheeled light motor vehicle having registered seating capacity up to
twelve.
(xiv)
The
bus shall have provision for bag racks under the seats and provision for such
other things as may be specified through an order of the Transport
Commissioner, from time to time.
(xv)
The
driver of such vehicle shall have 5 years experience of driving and that shall
be the holder of transport licence and shall hold a valid badge at the time of
employment as a school bus driver.
(xvi)
The
school bus shall have Hazard warning lights, which shall be activated when such
vehicle is stopped for boarding or alighting of the children.
(xvii)
In
the case of educational institution school buses and medium or heavy passenger
motor vehicles being used for the purpose of transporting school students,
horizontal three window steel bars shall be fixed on the exterior of the bus in
such a manner that the distance between any two bars does not exceed five
centimeters.
(xviii)
Speed
governor shall be fitted to the vehicle so that the speed of vehicle does not
exceed 40 km per hour within Municipal Corporation limits and in other than
Municipal Corporation limits it shall not exceed 50 km per hour.
(xix)
The
vehicle to be used as school bus shall have a board of size 350 mm x 350 mm
secured firmly on the front and the rear exterior of the vehicle for display of
the fact that the vehicle is being used for the purpose of the school. The
board shall have painted two school going children (one girl and one boy) of
height not less than 250 mm in black colour. Below the pictures the words
"SCHOOL BUS" shall be written in black colour and the height of the
letters must be at least 100 mm and the line thickness (width) of the type must
be at least 11 mm.
(xx)
Every
school bus other than four wheeled light motor vehicle with seating capacity
upto twelve shall display a board to identify the school and the route number
and that board shall be of the size 30 inches in length and 8 inches in height
which shall be displayed in the front at top and on the rear at top, and board
of size 18 inches in length and 8 inches in height at the top of the entry/exit
door.
(xxi)
Every
four wheeled light motor vehicle with seating capacity upto twelve used for
carrying school children shall display a board to identify the school and the
route number of the vehicle and that board shall be of the size 18 inches in
length and 8 inches in height which shall be displayed in the front at top and
on the rear at the top.
(xxii)
The provisions of Rule 20 of Maharashtra Motor
Vehicles Rules, 1989, shall be scrupulously followed by the permit holder as
well as his driver.
(xxiii)
The
vehicle which is to be used as school bus shall be closed body type with
complete steel body. No vehicle with canvass hood shall be permitted as school
bus. The vehicle shall be fitted with child lock system.
(xxiv)
The
vehicles registered under this category shall be subject to fitness test as per
the provisions of the Motor Vehicles Act, 1988 and the rules made thereunder.
(xxv) Wherever available
the school authorities shall provide for space inside the school premises in
order to ensure safe alighting of school children from the vehicle.
(xxvi)
The
number of children that can be permitted in the school bus shall be determined
as per provisions of Rule 106 of the Maharashtra Motor Vehicles Rules, 1989.
(xxvii)
All
buses used as school buses shall be fitted with an emergency door or exit
window as specified by State Transport Authority, from time to time.
(xxviii)
All school buses shall comply with the
requirements and specifications prescribed by "Code of Practice for Bus
Body Design and Approval-AIS-063 and AIS-052" specified by the Central
Government of India, from time to time.
Rule - 11. Approval of vehicles models as school bus.
The Transport Commissioner shall approve the
models of all vehicles which can be used as school buses. In doing so the
Transport Commissioner shall ascertain the safety provisions provided by the
manufacturer keeping in mind the safety of children.
Rule - 12. Power to grant exemption.
The State Government may, grant exemption to
the vehicles registered as school bus from one or any of the conditions after
giving reason in writing.
SCHEDULE
FORM-P.Sc.Co.S.
[See Rule 7(A)]
Applications for
grant and renewal of permit in respect of vehicle owned by school and used for transportation
of school children (School Bus)
To,
The Deputy/Asstt. Regional Transport Officer,
......................
In accordance with the provisions of Sections
69, 70 and 71 of the Motor Vehicles Act, 1988, I, the undersigned, hereby apply
for the permit under Section 66 of the Act in respect of school bus/school van
owned by the undersigned and used for transportation of school children on hire
or reward,
1.
Full
Name of applicant/company..............
(Surname)
(Name) ................................................
(Father/Husband's Name)
2.
Age....................................................
3.
Full
address...................................
4.
Telephone
No................................
5.
Area
or route for which permit required..............
|
Name
of the School and it's timing
|
|
|
1.....................................................
|
|
|
2.....................................................
|
|
|
3.....................................................
|
|
|
4..................................................
|
|
6.
I/We
are enclosing a copy of common standard agreement contract with the school and
list of the children proposed to be transported by the Motor Vehicle
No..............
7.
Seating
Capacity..............
8.
Type
of Vehicle..............
9.
Particulars
of any state carriage or contract carriage permit valid in State or any other
and held by the applicant in respect of:
(a)
this
vehicle;
(b)
any
other vehicle.
10.
Particulars
of any permit held by the application in respect of the use of any transport
vehicle in any State during the last four years which has been the subject of
any order of suspension or cancellation:
11.
I
am in possession of the vehicle, the Certificate of Registration of which is
enclosed.
12.
I
have not yet obtained possession of the vehicle and I understand that the permit
will not be issued until I have done so and have produced the Certificate of
Registration and further declare that I proposed to purchase a vehicle
manufactured in the year:
13.
I
intend to drive the vehicle No. ...............my M.D.L. No. ..............P.S.V.A.
No. ...............issued by..............
14.
I
hereby declare that the above statements are true and agree that there shall be
conditions of any permit issued to me.
Date..............
No..............
Place..............
Signature/thumb-impression of the applicant.
(To be filled in the office of the Transport
Authority)
1.
Date
of Receipt..............
2.
Amount
of rupees.....received, vide receipt No. ...............dated.........
Circulation to members
3.
Date
of consideration at meeting..............
4.
Granted
in modified form on the..............day of..............rejected
5.
Number
of permit issued
Secretary,
Transport Authority.
FORM-P.Co.S.
[See Rule 7(B)]
Application for grant
and renewal of permit in respect of vehicle owned by other than school and
taken on contract by school and used for transportation of school children
(School Bus)
To,
The Deputy/Asstt. Regional Transport Officer,
..........................................
In accordance with the provisions of Sections
69, 70 and 71 of the Motor Vehicles Act, 1988, I, the undersigned, hereby apply
for the permit under Section 66 of the Act in respect school bus/school van
owned by the undersigned and used for transportation of school children on hire
or reward,
1.
Full
Name of applicant/company.......................................
|
(Surname)
|
(Name)
|
|
(Father/Husband's
Name)
|
|
2.
Age...........................................
3.
Full
address............................
4.
Telephone
No........................
5.
Area
or route for which permit
required..............................................................
|
Name
of the School and it's timing
|
|
|
1................................................
|
|
|
2................................................
|
|
|
3................................................
|
|
|
|
6.
I/We
are enclosing a copy of common standard agreement contract with the school and
list of the children proposed to be transported by the Motor Vehicle
No..............
7.
Seating
Capacity..............
8.
Type
of Vehicle..............
9.
Particulars
of any state carriage or contract carriage permit valid in a State or any other
and held by the applicant in respect of:
(a)
this
vehicle;
(b)
any
other vehicle.
10.
Particulars
of any permit held by the applicant in respect of the use of any transport
vehicle in any State during the last four years which has been the subject of
any order of suspension or cancellation;
11.
I
am in possession of the vehicle, the Certificate of Registration of which is
enclosed.
12.
I
have not yet obtained possession of the vehicle and I understand that the
permit will not be issued until I have done so and have produced the
Certificate of Registration and further declare that I proposed to purchase a
vehicle manufactured in the year:
13.
I
intend to drive the vehicle No..............my M.D.L. No. ...............
P.S.V.A. No..............issued by..............
14.
I
hereby declare that the above statements are true and agree that there shall be
conditions of any permit issued to me.
Date ..............
Place ..............
Signature/thumb-impression of the applicant
(To be filled in the office of the Transport
Authority)
1.
Date
of Receipt..............
2.
Amount
of rupees..............received, vide receipt No.............................
dated..............Circulation to members....................
3.
Date
of consideration at meeting..............
4.
Granted
in modified form on the..............day of..............rejected
5.
Number
of permit issued
Secretary,
Transport Authority.
FORM-P.Sc.Co.S.A.
[See Rule 8(A)]
Permit in respect of
vehicle owned by school and used for transportation of school children
(School Bus)
Transport Authority
P.Sc.Co.S.A. (No.)
1.
Name
of Holder..............
|
(Surname)
|
(Name)
|
|
...............................................................
|
|
|
(Father/Husband's
Name)
|
|
2.
Address:
.......................................
3.
Route/Area
for which permit is valid:
4.
The
type or types of vehicles to be used as casual contract carriage and the
(........) seating capacity:
(i)
Registration
Mark..............
(ii)
Chassis
No..............
vehicles
of.....................................seats
vehicles
of.....................................seats
5.
Date
of expiry......................................
6.
This
permit shall be subject to the conditions laid down in Section 84 of the Act
and Rule 10:
(a)
The
Regional Transport Authority after giving notice of not less than one month:
(i)
vary
the condition of the permit;
(ii)
attach
to the permit further conditions;
(b)
Any
other conditions:
7.
This
permit does not entitle the holder to use any vehicle stage carriage or as
goods vehicle for hire.
Dated:..............
Secretary,
Transport Authority.
Renewals
Renewed up to..........................subject
to...........................
Also valid in..............
Dated
Secretary,
Transport Authority.
FORM-P.Co.S.B.
[See Rule 8(B)]
Permit in respect of
vehicle owned by other than school and taken on contract by school and used for
transportation of school children
(School Bus)
Transport Authority
P.Co.S.B. (No.)
1.
Name
of Holder..............
|
(Surname)
(Name)
|
(Father/Husband's
Name)
|
2.
Address:
..............
3.
Route/Area
for which permit is valid;
4.
The
type or types of vehicles to be used as casual contract carriage and the
(..............) seating capacity:
(i)
Registration
Mark.....................
(ii)
Chassis
No..................................
vehicles
of.......................................seats
vehicles of............................................seats
5.
Date
of expiry.......................................
6.
This
permit shall be subject to the conditions laid down in Section 84 of the Act
and Rule 10:
(a)
The
Regional Transport Authority after giving notice of not less than one month:
(i)
vary
the condition of the permit:
(ii)
attach
to the permit further condition;
(b)
Any
other conditions:
7.
This
permit does not entitle the holder to use any vehicle stage carriage or as
goods vehicle for hire.
Dated:
Secretary,
Transport Authority.
Renewals
Renewed
upto...........................subject to..........
Also valid
in................................................
Dated................
Secretary,
Transport Authority.