Síle de Valera (Clare, Fianna Fail)

I propose to take questions Question Nos. 49 and 50 together.

The safety of the school transport service is constantly under review in my Department. In January 2005, I initiated a warning flashing light pilot scheme on school buses. These lights reduce the risk of accidents in the vicinity of the school bus as pupils descend where safety research has shown the majority of accidents occur. It is planned to roll out the scheme on a phased basis to other parts of the country following a successful evaluation of the pilot project. The question of introducing legislation to require motorists to stop on approaching a school bus showing flashing lights is being examined actively.

An older bus does not mean an unsafe bus. All vehicles operating under the school transport scheme are required to meet the statutory regulations as laid down by the Department of Transport. Where vehicles have over eight adult seats and are more than one year old, they are required to pass that Department's annual roadworthiness test. No bus which is unsafe or dangerous is allowed onto the road to carry children. About 20% of the vehicles used for school transport are owned by Bus Éireann and the remaining 80% are owned by private operators on contract to Bus Éireann. The average age of the Bus Éireann large capacity bus fleet is 16 years. The average age of all vehicles used is 11.5 years.

Since 1999, Bus Éireann has purchased a large number of vehicles as part of an ongoing school bus fleet replacement programme, in order to improve the age profile and condition of its school bus fleet. The Bus Éireann school bus fleet currently has around 400 large capacity buses that were transferred from the general service fleet into the dedicated school transport bus fleet. Over 250 of these buses were transferred in the period 1999-2003, and they represent another valuable source of replacement buses over this period. This investment has produced an improvement in the condition of the fleet generally and this fleet replacement programme, aimed at replacing older buses with more modern vehicles, is continuing.

The loading of all school buses is determined by the relevant sections of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations laid down by the Department of Transport. In accordance with relevant legislation, the licensed carrying capacity of all vehicles engaged in school transport is based on a ratio of three pupils for every two adult seats. My Department has been in discussions with Bus Éireann with a view to phasing out the three for two arrangements. The discussions have been advanced to a stage at which I can confirm that the necessary steps are being taken to commence the general phasing out of three for two seating arrangements over two to three years from next September.

The wearing of seat belts and the three for two rule are intrinsically linked, in the context of which no legal requirement to wear seat belts in buses, including school buses, obtains. However, EU Directive 2003/20, which requires seat belts to be used where they are fitted, must be transposed into national law by 9 May 2006. Proposals to extend the requirement to fit seat belts in all new vehicles, except city buses used in stage-stop routes, have been developed separately at EU level. Once the directive has been adopted, all school buses being registered from a future date, which is yet to be determined, will be required to be fitted with seat belts. The directive is not expected to provide for the mandatory retrofitting of seat belts in existing buses.

Seat belts on school buses would have to be introduced on a phased basis having regard to the logistical difficulties of sourcing seat-belt equipped right-hand drive buses. The type or types of seat belt to be fitted must be determined with regard to the differing sizes of the student passengers being carried. My Department is working closely with the Department of Transport and Bus Éireann on these matters and meetings with international safety experts will begin very soon to facilitate progress. A phased programme of retrofitting of seat belts on some buses to a high specification may also be possible depending on safety research. I will consider which proposals should be brought to Government having regard to the advice of safety experts when it becomes available.

See this speech in context