Decree No.617 of the State Council, People's Republic of China (PRC)

The "Regulations on School Bus Safety Management" has been adopted at the197th executive meeting in the State Council on March 28th, 20/2, and is hereby promulgated and shall come into force as of the date of promulgation.

Chapter I General Provisions

Article 1 These Regulations are formulated in order to strengthen the safety management of school buses and ensure the personal safety of students who take school buses.

Article 2 The term "school bus" as mentioned in these Regulations refers to more than 7 buses licensed in accordance with these Regulations to transport students receiving compulsory education to and from school.

The school bus to pick up and drop off students shall be designed and manufactured in accordance with the national standards for special school buses.

Article 3 The local people's governments at or above the county level shall, according to factors such as the number and distribution of students within their respective administrative areas, formulate and adjust school setting plans according to law, ensure that students attend boarding schools nearby, and reduce the traffic risks of students going to and from school. The establishment and adjustment of compulsory education schools and their teaching points should fully listen to the opinions of parents and other relevant parties.

Local people's governments at or above the county level shall take measures to develop urban and rural public transport, rationally plan and set up public transport routes and stations, and provide convenience for students who need to go to school by bus.

The local people's governments at or above the county level shall take measures to ensure that students receiving compulsory education can get the school bus service in rural areas where it is really difficult to ensure that they are enrolled nearby and public transportation cannot meet the needs of students going to and from school.

The state establishes a multi-channel financing mechanism for school buses, and supports school buses to pick up and drop off students in accordance with regulations through financial assistance, tax incentives and encouraging social donations. The financial funds needed to support the school bus service shall be shared by the central and local governments, and the specific measures shall be formulated by the financial department of the State Council. Preferential tax policies to support school bus services shall be formulated in accordance with the tax administration authority stipulated by laws and administrative regulations.

Article 4 The departments of education, public security, transportation, industry and informatization, quality supervision, inspection and quarantine, and production safety supervision and management in the State Council shall be responsible for the safety management of school buses in accordance with laws, administrative regulations and the provisions of the State Council. The education and public security departments of the State Council shall, jointly with the relevant departments of the State Council, establish a coordination mechanism for school bus safety management, coordinate major issues of school bus safety management, and jointly do a good job in school bus safety management.

Article 5 The local people's governments at or above the county level shall be fully responsible for school bus safety management within their respective administrative areas, organize relevant departments to formulate and implement school bus service plans that are compatible with the local economic development level and school bus service demand, and uniformly lead, organize and coordinate relevant departments to perform school bus safety management duties.

The education, public security, transportation and production safety supervision and management departments of the local people's governments at or above the county level shall perform the relevant duties of school bus safety management in accordance with these regulations and the provisions of the people's governments at the corresponding levels. Relevant departments should establish and improve the information sharing mechanism of school bus safety management.

Article 6 The competent department of standardization in the State Council shall, jointly with the departments of industry and information technology, public security and transportation in the State Council, formulate and revise the national standards for school bus safety in accordance with the requirements of ensuring safety and economy.

Enterprises that produce school buses shall establish and improve the product quality assurance system to ensure that the school buses they produce (including modification, the same below) meet the national standards for school bus safety; Those that do not meet the standards shall not leave the factory and be sold.

Seventh to ensure the traffic safety of students to and from school is the common responsibility of the government, schools, society and families. All sectors of society should provide convenience for school bus traffic and help ensure school bus traffic safety.

Article 8 The departments of education, public security, transportation and production safety supervision and management of the people's governments at the county level and at the municipal level with districts shall set up and publish a reporting telephone number and a reporting network platform, so as to facilitate the masses to report violations of school bus safety management regulations.

The department that receives the report shall promptly handle it according to law; Reports that do not belong to the management responsibilities of this department shall be promptly transferred to relevant departments for handling.

Chapter II Schools and School Bus Service Providers

Article 9 Schools can be equipped with school buses. Road passenger transport enterprises established according to law, urban public transport enterprises and school bus operating enterprises established in accordance with the provisions of local people's governments at or above the county level can provide school bus services.

The local people's governments at or above the county level may, according to the actual situation in the region, formulate management measures and organize individual operators who have obtained road passenger transport business licenses according to law to provide school bus services.

Article 10 Schools equipped with school buses and school bus service providers shall establish and improve the school bus safety management system, equip safety management personnel, strengthen school bus safety maintenance, regularly educate school bus drivers on safety, organize school bus drivers to learn road traffic safety laws and regulations, safety precautions, emergency treatment and emergency rescue knowledge, and ensure the safety of students riding school buses.

Eleventh by the school bus service provider to provide school bus services, schools should sign a school bus safety management responsibility book with the school bus service provider, clear their respective safety management responsibilities, the implementation of school bus operation safety management measures.

Schools should report the school bus safety management responsibility to the education administrative department of the people's government at the county level or at the municipal level with districts for the record.

Twelfth schools should carry out traffic safety education for teachers, students and their guardians, explain the knowledge of school bus safety riding and the skills of emergency handling of school bus safety accidents to students, and regularly organize emergency handling drills for school bus safety accidents.

Student guardians shall fulfill their guardianship obligations and cooperate with schools or school bus service providers to do a good job in school bus safety management. Student guardians should refuse to use vehicles that do not meet the safety requirements to transport students to and from school.

Thirteenth education administrative departments of local people's governments at or above the county level shall guide and supervise schools to establish and improve the school bus safety management system, implement the school bus safety management responsibility, and organize schools to carry out traffic safety education. The traffic administrative department of the public security organ shall cooperate with the administrative department of education to organize schools to carry out traffic safety education.

Chapter III School Bus Permission

Fourteenth the use of school buses should be licensed in accordance with the provisions of these regulations.

To obtain a school bus permit, the following conditions shall be met:

(a) the vehicle meets the national school bus safety standards, obtains the motor vehicle inspection certificate, and is registered in the traffic management department of the public security organ;

(2) Drivers who have obtained the school bus driving qualification;

(3) It has a reasonable and feasible school bus operation plan, including the driving route, driving time and stopping stations;

(4) Having a sound safety management system;

(5) Insured motor vehicle carrier liability insurance.

Fifteenth schools or school bus service providers to apply for school bus license, shall submit a written application to the education administrative department of the people's government at the county level or the municipal people's government with districts, and meet the conditions stipulated in Article fourteenth of these regulations. The administrative department of education shall, within 3 working days from the date of receiving the application materials, send the application materials to the traffic management department and the transportation department of the public security organ at the same level for comments, and the traffic management department and the transportation department of the public security organ shall reply to the comments within 3 working days. The administrative department of education shall, within 5 working days from the date of receiving the reply, put forward the audit opinions and report them to the people's government at the corresponding level. If the people's government at the corresponding level decides to approve, the traffic administrative department of the public security organ shall issue school bus signs and endorse the type and number of school buses on the motor vehicle driver's license; If it is not approved, it shall explain the reasons in writing.

Sixteenth school bus signs shall specify the vehicle license plate number, owner, driver, driving route, driving time, stop site, licensing unit, validity period and other matters.

Seventeenth vehicles with school bus signs should be equipped with unified school bus sign lights and parking signs.

If the school bus does not carry passengers on the road, it is not allowed to use school bus signs, school lights and stop signs.

Eighteenth prohibit the use of vehicles without school bus signs to provide school bus services.

Nineteenth vehicles with school bus signs meet the scrapping standards or no longer used as school buses, schools or school bus service providers shall return the school bus signs to the traffic management department of the public security organs.

Twentieth school buses should conduct a motor vehicle safety technical inspection every six months.

Twenty-first school buses should be equipped with safety equipment such as escape hammer, dry powder fire extinguisher and first aid kit. Safety equipment should be placed in a convenient location, and ensure good performance and effective application.

The school bus should be equipped with a satellite positioning device with driving record function as required.

Twenty-second schools equipped with school buses and school bus service providers should do a good job in school bus safety maintenance in accordance with state regulations, establish safety maintenance files, and ensure that school buses are in good technical condition. School buses that do not meet the safety technical requirements shall be stopped for maintenance to eliminate potential safety hazards.

The school bus should be maintained by a maintenance enterprise that has obtained corresponding qualifications according to law. Enterprises undertaking the school bus maintenance business shall carry out the school bus maintenance in accordance with the specified technical specifications for maintenance, and implement the quality guarantee period system for the school bus after maintenance in accordance with the provisions of the transportation department in the State Council, and be responsible for the school bus maintenance quality during the quality guarantee period.

Chapter IV School Bus Drivers

Twenty-third school bus drivers should obtain school bus driving qualifications in accordance with the provisions of these regulations.

To obtain the school bus driving qualification, the following conditions shall be met:

(a) to obtain the corresponding driving license, with more than 3 years of driving experience, at the age of 25 years old and under 60 years old;

(two) the recent three consecutive scoring cycles did not get full marks;

(3) There is no record of traffic accident liability that causes death or serious injury;

(4) It has no record of driving a motor vehicle after drinking or drunk driving, and has no record of serious traffic violations such as overcrowding and speeding of passenger vehicles in the last year;

(5) Having no criminal record;

(six) physical and mental health, no infectious diseases, no history of epilepsy, mental illness and other diseases that may endanger driving safety, no record of alcoholism and drug abuse.

Twenty-fourth motor vehicle drivers applying for school bus driving qualification shall submit a written application to the traffic management department of the public security organ of the county-level people's government or the municipal people's government with districts and materials proving that they meet the conditions stipulated in Article 23 of these regulations. The traffic administrative department of the public security organ shall complete the examination within 5 working days from the date of receiving the application materials, and endorse the motor vehicle driver's license to allow driving the school bus if it meets the requirements; Do not meet the conditions, explain the reasons in writing.

Twenty-fifth motor vehicle drivers who have not obtained the school bus driving qualification shall not drive the school bus. It is forbidden to employ motor vehicle drivers who have not obtained the school bus driving qualification to drive the school bus.

Twenty-sixth school bus drivers should be inspected by the traffic management department of the public security organ every year.

Twenty-seventh school bus drivers should abide by road traffic safety laws and regulations, and drive safely and civilized in strict accordance with motor vehicle road traffic rules and driving operation norms.

Chapter V Traffic Safety of School Bus

Twenty-eighth school bus routes should try to avoid sharp bends, steep slopes, cliffs, stagnant water and dangerous sections; If it is unavoidable, the management and maintenance unit of roads or traffic facilities shall set up safety protection facilities, speed limit signs and warning signs for the above-mentioned dangerous sections in accordance with the standards.

Article 29 If the road where the school bus passes does not meet the safety conditions or there are traffic safety hazards, the local people's government shall organize relevant departments to improve the road safety conditions and eliminate the safety hazards in time.

Thirtieth school bus to pick up students, should be set up in accordance with the provisions of the public security department of the State Council school bus signs, turn on the school bus lights.

The school bus carrying students should follow the approved route, except in case of traffic control, road construction, natural disasters, bad weather conditions or major traffic accidents that affect road traffic.

Thirty-first traffic management departments of public security organs should strengthen the road traffic order management of school bus routes. In case of traffic jam, the traffic police should direct and guide the school bus carrying students to pass first.

The school bus can pick up and drop off students in bus lanes and other sections where buses are prohibited but allowed to pass.

Thirty-second school bus to pick up students should stop at the school bus stop; Where there is no bus stop, you can park at the bus stop.

Or the road facilities management and maintenance unit shall, in accordance with the standards, set up the notice signs and signs of the school bus station and draw the school bus station markings.

Thirty-third school buses should stop at the right side of the road to get on and off students, turn on the danger warning flash and turn on the stop sign. When the school bus stops on a road with only one motor vehicle lane in the same direction, the vehicles behind it should stop and wait, and shall not overtake. When the school bus stops on a road with more than two motor vehicle lanes in the same direction, vehicles behind the school bus and adjacent motor vehicle lanes should stop and wait, and vehicles in other motor vehicle lanes should slow down. Motor vehicles parked behind the school bus are not allowed to honk or use lights to urge the school bus.

Thirty-fourth school buses shall not carry more passengers than the approved number, and shall not be overcrowded for any reason.

And the school bus service provider shall not require the school bus driver to overload or overspeed the school bus.

Article 35 The maximum speed of school buses carrying students on expressways shall not exceed 80 kilometers per hour, and the maximum speed of school buses on other roads shall not exceed 60 kilometers per hour.

If the maximum speed stipulated in road safety laws and regulations or road speed limit signs and markings is lower than that stipulated in the preceding paragraph, such provisions shall prevail.

When the school bus carrying students runs on sharp bends, steep slopes, narrow roads, narrow bridges, icy roads and muddy roads, or in case of low visibility meteorological conditions such as fog, rain, snow, dust and hail, the maximum speed shall not exceed 20 kilometers per hour.

Article 36 The traffic police may, on the premise of eliminating the illegal acts, release the school bus that violates the laws and regulations on road traffic safety, and then punish the school bus driver after the school bus completes the task of picking up and dropping off students.

Article 37 The traffic administrative department of the public security organ shall strengthen the supervision and inspection of the school bus operation, investigate and punish the traffic safety violations of the school bus according to law, and regularly send a copy of the traffic safety violations and traffic accident information of the school bus drivers to their subordinate units and education administrative departments.

Chapter VI Safety of School Bus Ride

Article 38 Schools equipped with school buses and school bus service providers shall assign nurses to look after students who ride with the school bus. If the school bus service provider provides school bus service for the school, both parties may agree that the school shall designate vehicle attendants.

And school bus service providers should regularly carry out safety education for on-board caregivers, and organize on-board caregivers to learn road traffic safety laws and regulations, emergency treatment and emergency rescue knowledge.

Article 39 A car attendant shall perform the following duties:

(1) When students get on and off, guide and direct students to get off and maintain the order of getting on and off;

(two) found that the driver is not qualified to drive the school bus, drinking, drunk driving or serious physical discomfort or school bus overcrowding, stop the school bus operation. ;

(3) Count the number of students on the bus, help guide students to sit safely and fasten their seat belts, and signal the driver to start the school bus after confirming that the doors are closed;

(4) Stop dangerous behaviors such as students leaving their seats during school bus driving;

(5) Check the number of students who get off the bus and make sure that all the students get off the bus before I can get off.

Fortieth the passenger seat of the school bus shall not be arranged for students to ride.

In the process of transporting students, no one can take the school bus except the driver and the attendant.

Article 41 Before driving the school bus on the road, the driver of the school bus shall check whether the braking, steering, external lighting, tires, safety doors, seats and safety belts of the school bus meet the safety technical requirements, and shall not drive the school bus with potential safety hazards on the road.

The driver of the school bus is not allowed to refuel the vehicle when there are students on board, and is not allowed to leave the driver's seat before the engine of the school bus is turned off.

Forty-second school bus traffic accidents, drivers and flight attendants should immediately report to the police and set up warning signs. If it is dangerous for students to stay in the school bus, the vehicle attendant shall evacuate the students to a safe area and contact the school, the school bus service provider and the student guardian in time to handle the follow-up matters.

Chapter VII Legal Liability

Article 43 Whoever produces or sells school buses that do not meet the national standards for school bus safety shall be punished in accordance with the provisions of laws and administrative regulations such as road traffic safety and product quality management.

Forty-fourth use assembled or scrapped motor vehicles to pick up students, the traffic administrative department of the public security organ shall confiscate and forcibly scrap the motor vehicle; Impose a fine of more than 2,000 yuan and less than 5,000 yuan on the driver, and revoke the motor vehicle driver's license; Impose a fine of more than 80,000 yuan and less than 654.38+10,000 yuan on the owner, and confiscate the illegal income.

Article 45 Whoever uses vehicles without school bus signs to provide school bus services, or uses persons without school bus driving qualifications to drive school buses, shall be detained by the traffic administrative department of the public security organ, and shall be fined 1 10,000 yuan but not more than 20,000 yuan, and the illegal income shall be confiscated.

If an enterprise or individual operator that has obtained a road transport business license commits an illegal act as stipulated in the preceding paragraph, it shall be punished in accordance with the provisions of the preceding paragraph, and if the circumstances are serious, its business license shall be revoked by the transportation department.

Anyone who forges, alters or uses a forged or altered school bus sign shall be confiscated by the traffic administrative department of the public security organ, and the motor vehicle shall be detained, and a fine ranging from 2,000 yuan to 5,000 yuan shall be imposed.

Article 46 Whoever fails to equip the school bus with safety equipment or repair the school bus in accordance with the regulations shall be ordered by the traffic administrative department of the public security organ to make corrections and be fined between 1000 yuan and 3000 yuan.

Article 47 If a motor vehicle driver drives a school bus without school bus driving qualification, the traffic administrative department of the public security organ shall impose a fine of more than 3000 yuan 1000 yuan. If the circumstances are serious, the motor vehicle driving license may be revoked at the same time.

Forty-eighth school bus drivers in any of the following circumstances, the traffic administrative department of the public security organ shall order them to make corrections, and may be fined in 200 yuan:

(a) driving a school bus to pick up students, not placing a school bus sign, not turning on the school bus sign light according to the regulations, or not driving according to the approved route;

(two) when the school bus picks up students, it does not stop at the school bus in accordance with the regulations;

(three) the school bus does not carry students on the road, using school bus signs, school signs and stop signs;

(four) before the school bus on the road, did not check whether the school bus meets the safety technical requirements, or driving the school bus with safety hazards on the road;

(5) Refuel the vehicle when there are students on the school bus, or leave the driver's seat before the engine of the school bus is turned off.

School bus drivers who violate the provisions of road traffic safety laws and regulations on road traffic management shall be severely punished by the traffic management department of the public security organ according to law.

Article 49 If a school bus driver violates road traffic safety laws and regulations and is punished according to law or has a road traffic accident, and no longer meets the requirements of the school bus driver stipulated in these Regulations, the traffic administrative department of the public security organ shall cancel the qualification of the school bus driver and endorse the motor vehicle driver's license. Article 50 If the school bus carries more passengers than the approved number, the traffic administrative department of the public security organ shall detain the vehicle until the illegal state is eliminated, and impose a heavier punishment in accordance with the provisions of road traffic safety laws and regulations.

Article 51 The traffic administrative department of the public security organ shall investigate and deal with the traffic safety violations of school buses and detain vehicles according to law, and shall notify relevant schools or school bus service providers to pick up and drop off students, and return the detained vehicles immediately after the illegal state is eliminated.

Fifty-second motor vehicle drivers in violation of regulations, did not avoid the school bus, the traffic management department of the public security organ shall impose a fine on 200 yuan.

Fifty-third did not arrange for nurses to take the school bus to pick up students in accordance with the provisions of these regulations, the public security organ shall order it to make corrections, and may impose a fine on 500 yuan.

If the flight attendants fail to perform the duties stipulated in these regulations, the school or school bus service provider shall order them to make corrections; Those who refuse to make corrections shall be punished or dismissed.

Article 54 If a school or school bus service provider that has obtained a school bus license violates the provisions of these Regulations, and the circumstances are serious, the local people's government that originally made the licensing decision may revoke its school bus license, and the traffic administrative department of the public security organ shall take back the school bus sign.

Fifty-fifth schools in violation of the provisions of these regulations, in addition to being punished in accordance with the relevant provisions of these regulations, the administrative department of education shall give informed criticism; In the event of student casualties, the responsible leaders and directly responsible personnel of public schools shall be punished according to law; For private schools, the examination and approval authorities shall order them to suspend enrollment. If the circumstances are serious, the school license shall be revoked, and the administrative department of education shall order the responsible leaders and persons directly responsible not to engage in school management for five years.

Fifty-sixth local people's governments at or above the county level fail to perform their duties of school bus safety management according to law, resulting in a major school bus safety accident within their respective administrative areas, and the responsible leaders and persons directly responsible shall be punished according to law.

Article 57 If the relevant departments of education, public security, transportation, industry and information technology, quality supervision, inspection and quarantine, supervision and administration of production safety and their staff fail to perform the duties of school bus safety management according to law, the responsible staff and the persons directly responsible shall be punished according to law.

Fifty-eighth violation of the provisions of this Ordinance, which constitutes a violation of public security management, shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-ninth school bus safety accidents, resulting in personal injury or property losses, should be liable for compensation according to law.

Chapter VIII Supplementary Provisions

Article 60 Local people's governments at or above the county level shall rationally plan the layout of kindergartens to facilitate children to enter the park nearby.

Children entering the park should be taken back by guardians or adults entrusted by them. Due to special circumstances, it is impossible for the guardian or an adult entrusted by him to pick up and drop off the vehicle, so it is necessary to use centralized pick-up and drop off the vehicle. Children's special school buses designed and manufactured according to the national standards for special school buses shall be used, and the safety management regulations for school buses shall be observed.

Article 61 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the actual conditions in their respective regions, formulate measures for implementation.

Article 62 These Regulations shall come into force as of the date of promulgation.

Before the implementation of these regulations, schools equipped with school buses and school bus service providers and school bus drivers employed by them shall, within 90 days from the date of implementation of these regulations, apply for school bus licenses and school bus driving qualifications in accordance with the provisions of these regulations.

After the implementation of these regulations, if the special school bus used to pick up and drop off students and children cannot meet the demand, other school buses with school bus signs can be used during the transition period stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

General manager Wen Jiabao.

April 5, 2065 438+02

Regulations on school bus safety management

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