THE TAMIL NADU MOTOR VEHICLES (REGULATION AND CONTROL OF SCHOOL BUSES) SPECIAL RULES, 2012 1 THE TAMIL NADU MOTOR VEHICLES (REGULATION AND CONTROL OF SCHOOL BUSES) SPECIAL RULES,
2012 1 In exercise of the powers conferred by Clause (xxxiii) of
sub-section (2) of Section 96,
Section 111, and Clause (i) of sub-section (2)
of Section 138 of the Motor Vehicles Act, 1988
(Central Act 59 of 1988),
the Governor of Tamil Nadu, hereby makes the following Rules, the draft of the
same having been previously published as required by sub-section (1)
of Section 212 of the said Act:-- (1) These Rules may be called the Tamil Nadu Motor
Vehicles (Regulation and Control of School Buses) Special Rules, 2012. (2) The provisions of these
Rules shall come into force with effect on and from the 1st
October 2012. (3) These Rules shall apply to
School Buses as defined in Clause (8) of Rule 2. (4) These Rules shall be in
addition to and not derogatory of the relevant provisions contained in the Motor
Vehicles Act, 1988 (Central Act 59
of 1988), the Central Motor Vehicles Rules, 1989
and the Tamil Nadu Motor Vehicles Rules, 1989. In these
Rules, unless the context otherwise requires-- (1) "Act" means the
Motor Vehicles Act, 1988 (Central Act 59
of 1988); (2) "Appropriate
Authority" means the Authority which is authorized under the Act to grant a
permit; (3) "Attendant" means
any person appointed by a School to perform duties specified in Rule 5; (4) "District Level
Inter-Departmental Committee" means a committee constituted under Rule 11
to monitor the implementation of provisions of these Rules at District Level; (5) "Educational
Authority" means the Authority empowered by the State Government or the
Central Government to control and regulate the functioning of a School; (6) "Parent Teacher
Association" means an Association formed under Rule 9
to ensure the safety of those students who are transported by school buses; (7) "School Authority"
means the Correspondent or Secretary of the School Management Committee and the
Head Master or the Principal of a School; (8) "School Bus" means
an omni bus which stands registered in the name of a school recognized by the
State Government or the Central Government or in the name of any other person
with whom the management of the school has entered into an agreement of lease
and has obtained a permit in the name of the school for the purpose of
transporting students and staff of the school only in connection with school
activities; (9) "School Level Transport
Committee" means the committee constituted under Rule 10
to monitor the implementation of provisions of these Rules at School Level; (10) "Special Cell"
means the Cell constituted under Rule 8 for testing
and inspecting School Buses for the purpose of issue and renewal of the fitness
certificate; and (11) Words and expressions used
but not defined herein shall have their respective meanings, as assigned to them
in the Act and the Rules made thereunder. (1) No School Bus shall be used
in any public place, whether or not such vehicle is actually carrying any
student, without obtaining necessary permit from the Appropriate Authority under
Section 76 of the Act. (2)
(i) An application for the
grant of School Bus permit shall be made in the relevant Form as prescribed in
Rule 170 of the Tamil Nadu Motor Vehicles Rules, 1989
to the Appropriate Authority in whose jurisdiction the School is functioning,
together with the order of approval from the Educational Authority and such
other documents as required by the Appropriate Authority. (ii) On receipt of an Application, the Appropriate Authority
shall make such verification as it may deem necessary and may also issue an
order sanctioning permit in accordance with sub-rule (a) of Rule 181
of the Tamil Nadu Motor Vehicles Rules, 1989. Upon
receipt of the required documents, the Appropriate Authority shall issue the
permit in the relevant Form as prescribed in Rule 171
of the Tamil Nadu Motor Vehicles Rules, 1989. In
the event of the School Authority failing to produce the required documents
within the time specified, the Appropriate Authority shall revoke its sanction
under sub-rule (b) of Rule 181 of the Tamil Nadu
Motor Vehicles Rules, 1989. (iii) The permit shall be normally valid for a period of five
years and the permit will cease to be effective unless the approval or
recognition of the school is got renewed. The School Authority shall produce to
the Appropriate Authority, necessary orders of renewal of recognition from the
Educational Authority. (iv) The school bus shall be registered in the name of the
school and not in the name of the Trust or Society conducting the school. No person shall drive or no School Authority shall allow any person to drive any
School Bus unless such person possess the following qualifications as well as
satisfy the following conditions: (1) He must have a valid Driving
Licence to drive such class of vehicle; (2) He must have a minimum
driving experience of atleast 5 years in similar
category of vehicles; (3) He should not have been
challaned more than twice in a year for offences like red light jumping,
violation of lane discipline or allowing unauthorized person to drive, etcetera; (4) He should not have been
challaned even once for the offences of over speeding, drunken driving and
dangerous driving resulted in fatal accident; (5) He should undergo driving
skill test before the School Level Transport Committee once in a year. He should
also undergo eye test at that time; (6) The driver must maintain a
log book. He must point out any defect noticed while driving the School Bus, on
day to day basis and also he must ensure that the defects noticed in the log
book are rectified and mention the same in the log book; (7) While on duty he should be
in a uniform of Khaki Slack and Khaki Pant as specified in Clause (iv) of Rule 37
of the Tamil Nadu Motor Vehicles Rules, 1989. He
should also display on his left chest pocket a white plastic plate of size 8
cms x 2 cms inscribed with his name in bold black
letters of size 0.5 cm
both in English and in Tamil with badge number and the name of the district as
specified in Rule 21 of the Tamil Nadu Motor
Vehicles Rules, 1989; (8) He shall not drive the
School Bus in contravention of the speed limit prescribed; (9) He shall carry the
authorisation issued by the School Authority in Form AVT prescribed under Rule 12
of the Tamil Nadu Motor Vehicles Rules, 1989 and
certified by the Regional Transport Officer; (10) Utmost care should be taken
by the driver of the School Bus to follow the Rules of Road Regulations, 1989
as notified in the Government of India Notification No. SO 439(E),
dated 12.6.1989. (1) In every School bus, there
shall be an attendant while transporting students. He should possess valid
conductor licence granted under Chapter III of the Tamil Nadu Motor Vehicles
Rules, 1989. (2) The attendant shall not be
less than 21 years of age and not more than 50
years of age. He should be medically fit to get down first from the School Bus
at each stopping point to facilitate the embarkation and disembarkation of
school children. (3) The attendant should have
been adequately trained to handle young children to attend to their needs and
ensure their safety while travelling in the School Bus. (4) In case of the children, on
the return journey from the school, the attendant shall properly hand over the
children to the parent or to the authorised person at the bus stop where the
child gets down. (5) As the School Bus stops, the
attendant shall get down from the bus at first, stand outside the bus near the
steps, help the students to embark and disembark safely and ensure that their
parents or authorised person are present to take care of the children. (6) In case, the School Bus is
carrying exclusively girl students, there shall be a female attendant in the
School Bus. (1) Type of Body.-- Every School Bus shall be of semi-saloon type with steel body and no vehicle
shall be covered with canvass hood. (2) Painting.-- Every School Bus shall be fully painted as follows as specified in Rule 349-A
of the Tamil Nadu Motor Vehicles Rules, 1989: (a) Every School Bus shall be fully painted in yellow colour. (b) The inscription "School Bus"
(c) On both exterior sides of the vehicles in a circle of 60
centimeter diameter and on both the front and rear exterior sides in a circle of
20 centimeters diameter, the following diagram
shall be painted, in dark blue colour with yellow back-ground in school buses. (d) The particulars of name and address of the School,
contact phone number, mobile phone number, etc., shall be painted on exterior of
the body of the vehicle on the left rear side. (e) The name of the School shall be written conspicuously at
the top of the front and rear ends and on both sides of the body of the vehicle
and the writing shall be horizontal. (f) In rear right side of the vehicle the contact number of
Transport Officer in-charge of the School, local Regional Transport Officer and
Police authority should be painted. A separate e-mail ID shall be created and
displayed for registering the Complaints. (3) Entrance-cum-exit.-- In every School bus, there shall be one entrance-cum-exit in the front left
side. Hand rails shall be fixed firmly along the steps in the front
entrance-cum-exit. It shall be provided with a suitable door. (4)
Doors.-- In every School Bus, the door in the entrance-cum-exit shall be well maintained
to ensure safe locking and also easy unlocking. (5) Foot Board.-- In every School Bus, the first step of the foot-board shall be at a height not
exceeding 300 mms and not less than 250
mms from the ground and all steps shall be fitted with non-slip treads. In case
the School Bus is used exclusively for the conveyance of differently abled
students, the steps shall be suitably constructed to suit their convenience. In
the case of a Bus, which is used as a School Bus, these structural changes
should be carried out before the 1st November 2012. (6) Driver's Cabin.-- In every School Bus, grilled partition shall be provided to separate driver
cabin. In the case of a Bus, which is used as a School Bus, this structural
change shall be carried out before the 1st November
2012. (7) Seats.-- In every School Bus, all the seats shall be firmly fixed to the floor board by
bolts or studs and nuts and fastened by some efficient device to the floor board
so as to prevent them coming loose. (8) Bag racks.-- In every School Bus, suitable grilled provision shall be made for bag racks
under the seat for keeping bags and other things of the students. (9) Floor Board.-- In every School Bus, the floor boards shall be so fitted as to exclude as far as
possible draughts and dust. If any part of the floor board caves in or weakens,
no patch work shall be done. Instead, the entire length and breadth of that
stretch of the floor board shall be replaced by the new floor board. (10) Windows.-- Every School Bus shall be provided with windows on either sides of size not less
than 55 cms x 70 cms. (11) Window grill.-- In every School Bus, three horizontal steel bars shall be fixed on the exterior
of the bus along the windows in such a manner that the distance between
adjoining bars does not exceed 5 cms. (12) Emergency exit.-- (a) Every School Bus shall be fitted with an emergency exit
door at the rear right side or at the rear wind screen with quick release
latches mechanism which can be operated from inside and outside of the Bus. (b) The emergency exit shall be in the form of a frame fixed
with a toughened glass with dimensions of 150 cms x
120 cms or in the form of a door with the same
dimension hinged at the top, capable of being operated both from inside and
outside. The words "EMERGENCY EXIT" shall be prominently inscribed in
red colour on a white background both inside and outside of the emergency exit. (13) Reflecting Tape.-- Every School Bus, shall have retro reflecting marking as specified in Rule 104
of the Central Motor Vehicles Rules, 1989. (14) First Aid Box.-- In every School Bus, a first aid box containing articles as specified in
sub-rule (5) of Rule 172
of the Tamil Nadu Motor Vehicles Rules, 1989 shall
be provided and replaced periodically. (15) Fire Extinguisher.-- In every School Bus, two fire extinguishers of ABC type having a capacity of 2kg
each, bearing ISI mark shall be properly mounted. (16) Fitment of Speed Governor.-- In every school bus, speed controlling device (Speed governor) conforming to
standards prescribed, shall be fitted so that the speed of the vehicle does not
exceed 40 kilometer per hour within Corporation
limits and 50 kilometer per hour in other places. In addition to the general conditions of permit specified in Section 84
of the Act and Rule 172 of the Tamil Nadu Motor
Vehicles Rules, 1989, the following special
conditions shall be attached to every School Bus permit: (1) No School Bus shall 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. (2) No School Bus shall carry
more number of persons than the seating capacity mentioned in the certificate of
registration: Provided that in the case of School Buses only carrying
children below the age of twelve years, 1.5
times of the seating capacity can be permitted. (3) Log book must be maintained
and kept available in School Buses for inspection by the inspecting officers
authorized under the Act. (1) Constitution.--
A Special Cell shall be constituted for each Regional Transport Office and the
unit office under the Chairmanship of the Zonal Joint Transport Commissioner or
the Deputy Transport Commissioner, as the case may be, with the following
inspecting officers of Transport Department for the purpose of issue and renewal
of fitness certificates for school buses: (i) Regional Transport Officer of the region concerned. (ii) Regional Transport Officer (Enforcement Wing)/Motor
Vehicles Inspector Grade I/Grade II of Enforcement Wing, (iii) Motor Vehicles Inspector Grade I of the concerned
Regional Transport Office, (iv) Motor Vehicles Inspector Grade II wherever available in
the concerned Regional Transport Office. (2) Functions.-- (i) It shall be the responsibility of the Joint Transport
Commissioner/Deputy Transport Commissioner to prescribe the time table for
inspections and also be present for at least 10% of
the total number of inspections in each Regional Transport Officer's
jurisdiction. (ii) The Special Cell shall conduct the testing and
inspection of School Buses according to Chapter VII of the Act, the Rules made
thereunder as well as these Rules. (iii) Every School shall produce their School Buses before
the Special Cell once in three months from the date of issue or renewal of
Fitness Certificate and shall obtain Road Worthiness Certificate. (iv) No School Bus shall be used on public roads except with
a valid Road Worthiness Certificate and Fitness Certificate obtained under
Section 56 of the Act from the Special Cell. (3) Powers.--
The Special Cell shall have the power to suspend or cancel the Fitness
Certificate under Rule 121 of the Tamil Nadu Motor
Vehicles Rules, 1989 and such other penal action
under the provisions of the Act. (i) As regards the operation and maintenance of the School
Buses, the parents of those students who are being transported by the School
Buses should have a major say. In order to enable such parents to make any
representations with regard to the conduct of drivers and attendants,
maintenance of School Buses and safety of the students, an exclusive Parent
Teacher Association headed by the Principal/Headmaster with such parents (whose
children are being transported to school by School Buses) as members shall be
formed in every school. (ii) The Association shall meet once in a month. The views,
suggestions and complaints made by the parents should be duly considered and
recorded by the Principal/Headmaster. On the same day, the minutes of the
meeting should be sent to the School Level Transport Committee specified in Rule
10. (iii) The Principal/Headmaster who is also the Chairman of
the School Level Transport Committee shall convene the meeting of the Committee
on the same day to consider the representation received from the Association and
take necessary action to redress the issues. (1) Constitution.--
Every School shall have a School Level Transport Committee to look into the
matters pertaining to safe transportation of school children. The committee
shall be headed by the Principal/Head Master of the School and consists of the
following members namely: (i) Police Official not below the rank of Sub-Inspector of
Police of the area concerned, (ii) An official from the Educational Authority concerned, (iii) The Motor Vehicles Inspector Grade I/Grade II of area
concerned, (iv) A representative from the Parent Teacher Association. (2) Functions.-- (i) The committee shall meet atleast once in a month on the
same day on which the meeting of the Parent Teacher Association is held. It
shall discuss about the matters pertaining to safe transportation of the school
children and evolve suitable plan of action. It shall verify the documents
relating to the School Buses viz. Certificate of Registration, Certificate of
Fitness, Certificate of Insurance, Permit, Pollution under control Certificate,
Driving Licence and ensure the provision of Fire Extinguisher and First Aid Kit. (ii) The Committee shall consider the representation received
from the Parent Teacher Association and take necessary action to redress the
issues on the same day. (iii) The committee shall send a report to the District Level
Inter-Departmental Committee constituted under Rule 11,
for necessary action. (1) Constitution.--
There shall be a District Level Inter-Departmental Committee for each district
to discuss and decide on the issues pertaining to safety of children and their
transportation. The committee shall be constituted under the Chairmanship of
local Revenue Divisional Officer/Sub-Collector/Assistant Collector at district
head quarters, as the case may be, with the following official as members: (i) Regional Transport Officer (Member Secretary). (ii) Deputy Superintendent of Police. (iii) Chief Educational Officer and District Educational
Officer. (iv) Motor Vehicles Inspector Grade-I/Grade-II. (2) Functions.-- (i) The Committee shall meet once in three months and evolve
an action plan to conduct inspection of School Buses either in the premises of
the school concerned or in such other places as to be decided so as to ensure
whether the School Buses comply with the provisions of these Rules. (ii) The Committee will function as a flying squad to enforce
the provisions of these Rules and the conditions of permit specified in Section 84
of the Act and they shall exercise the powers under Section 207
of the Act. (iii) The programme of inspection shall be decided in such a
manner that a particular School Bus is inspected by the committee atleast once
in a year. (iv) The Committee shall, at the time of inspection, verify
the log book written by the driver of the School Bus and verify all the records
as to whether the defects pointed out by the driver in the log book are
rectified or not. (v) Based on the Committee's Report, the Regional Transport
Officer shall take action to suspend or cancel the fitness certificate under
Rule 121 of the Tamil Nadu Motor Vehicles Rules, 1989
and such other penal action under the provisions of the Act.
shall be
painted in the front and rear top of the vehicle, as the case
may be, in bold
and clearly visible letters.
Print Judgement
