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School buses do need more than 13 seats to get permits: HC tells state

Rosy.Sequeira@timesgroup.com

Mumbai:

Bombay high court on Monday told the state government that the central law that allows school bus permits to be issued to vehicles with a seating capacity of 13 and above will prevail.

“Don’t put interests of school bus operators forward,” said a bench of Justices Satyaranjan Dharmadhikari and Riyaz Chagla. It heard a 2016 PIL by PTA United Forum that alleged safety of children was being compromised as rules to issue permits for school buses were not strictly enforced.

As per the 2016 amendment to the Central Motor Vehicle Rules, 1989, school bus permit can be issued to a vehicle with a seating capacity of 13 and above. However the state Rules define a school bus as having a seating capacity up to 12 and autorickshaws with “a hard top and closed passenger body”. In January 2018, the HC was told the government is in the process of changing the state rules to allow permits to school vans.

Government’s advocate Bhupesh Samant said the reason for allowing vans and rickshaws was big school buses are unable to enter narrow lanes. But the judges said there have been instances when small vehicles have turned turtle with children. They suggested that school buses stop close to the schools and the staff usher the children. “Except for those children who require assistance,” said Justice Dharmadhikari.

The judges said they do think the central legislation can be ignored. “You enforce the rules. It is clear that you cannot indulge in this,” said Justice Dharmadhikari.

Samant sought time saying the advocate general will address the court. The judges said they will examine the issue on November 21.

Source : https://epaper.timesgroup.com/