Acts and Regulations

2001-51 - Pupil Transportation

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2001-51
under the
Education Act
(O.C. 2001-312)
Filed June 29, 2001
Under section 57 of the Education Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Pupil Transportation Regulation - Education Act.
2002-42
Definitions
2In this Regulation
“Act” means the Education Act; (Loi)
“bus” means any motor vehicle designed for carrying ten or more passengers and used for the transportation of persons; (autobus)
“contracted vehicle” means a school vehicle operating under a conveyance contract; (véhicule sous contrat)
“conveyance” includes conveyances to and from school and conveyances to and from co-curricular and extra-curricular activities; (transport)
“conveyance contract” means a contract between the superintendent of a school district, on behalf of the District Education Council, and an individual, corporation, organization or government for the conveyance of pupils in the public school system; (contrat de transport)
“driver” includes a driver of a school vehicle owned by the Province and a driver of a school vehicle who is employed under a conveyance contract or who is employed by a private organization operating school vehicles under a conveyance contract; (conducteur)
“school bus” means a school vehicle that is a bus, is painted national school bus yellow and is equipped with a warning system; (autobus scolaire)
“school vehicle” means a motor vehicle operated by a school district or under a conveyance contract for the conveyance of pupils in the public school system and excludes motor vehicles in a public transit system; (véhicule scolaire)
“warning system” means a system used to warn motorists that a school bus is stopping, or loading or unloading passengers, that consists of amber flashing warning lights, red flashing warning lights and a stop arm. (système d’avertissement d’urgence)
CONVEYANCE PRIVILEGES
Conveyance to and from school
3(1)The superintendent of each school district shall provide for the conveyance to and from school of all pupils
(a) who are entitled to free school privileges under section 8 of the Act,
(b) who are living at least two and four-tenths kilometres from the school that they attend, and
(c) whose conveyance privileges have not been suspended under section 6.
3(2)The superintendent concerned may, with the approval of the District Education Council and within the limits of the budget provided by the Minister under section 50.2 of the Act, provide for the conveyance of pupils living less than two and four-tenths kilometres from the school that they attend.
3(3)Where, in the opinion of the superintendent concerned, a pupil has a physical or mental disability such that the pupil requires specialized transportation, the superintendent shall provide for the conveyance of the pupil by the most practical means possible regardless of the distance the pupil lives from the school the pupil attends.
2021, c.10, s.2
Designation of loading points
4(1)The superintendent of each school district shall designate loading points along each conveyance route, and no pupil shall be taken on or discharged from a school vehicle except at such points.
4(2)Where a pupil lives on a public road and at least one and one-half kilometres from any loading point, the superintendent concerned shall provide for the pupil’s conveyance to the loading point.
4(3)Where a pupil lives on a private road, the superintendent concerned shall provide for the pupil’s conveyance from a location at or near the intersection of the private road and the closest public road to the closest loading point, where the intersection is at least one and one-half kilometres from that loading point.
4(4)The superintendent concerned may, with the approval of the District Education Council and within the limits of the budget provided by the Minister under section 50.2 of the Act, provide for the conveyance to a loading point of pupils not entitled to conveyance privileges under subsection (2) or (3).
2021, c.10, s.2
PUPIL CONDUCT
General rules of conduct
5The superintendent of each school district shall make and enforce rules, consistent with the Motor Vehicle Act and its regulations and the Education Act and its regulations, for the proper conduct of pupils while embarking onto, travelling in and disembarking from school vehicles.
Suspension of conveyance privileges
6(1)Where, after investigation, a principal or a teacher designated by the principal has reason to believe that the misconduct of a pupil during conveyance could endanger the safety of any occupant of a school vehicle or cause damage to the school vehicle, the principal or the teacher, as the case may be, may suspend the pupil from being conveyed.
6(2)Where a pupil has been suspended under subsection (1), the principal or the teacher designated by the principal shall
(a) report the matter immediately to a parent of the pupil or, in the case of an independent pupil, to the independent pupil and to the superintendent concerned and the driver of the school vehicle concerned, and
(b) forward immediately to the parent of the pupil or, in the case of an independent pupil, to the independent pupil a notice of such suspension including the length of such suspension.
6(3)The superintendent concerned may review the length of the suspension period and may vary or confirm it, and notice of such decision shall be forwarded to the principal and the driver of the school vehicle concerned.
6(4)Whether or not a review occurs under subsection (3), the parent of a pupil suspended under subsection (1) or, in the case of an independent pupil, the independent pupil may, where the pupil is suspended from being conveyed for more than five school days in a school year, appeal the most recent suspension to a school appeals committee by giving notice of the appeal to the principal of the school in accordance with section 40 of the School Administration Regulation - Education Act.
6(5)The parent of a pupil suspended under subsection (1) or, in the case of an independent pupil, the independent pupil is responsible for the conveyance of the pupil during the period of suspension.
Loading and unloading of school vehicles
7(1)The principal of each school shall
(a) maintain a plan for the safe loading and unloading of school vehicles at the school, and
(b) ensure appropriate supervision of the loading and unloading of school vehicles at the school.
7(2)For the purposes of the plan referred to in paragraph (1)(a), the principal shall
(a) where feasible, ensure that the operative doors of the school vehicles are facing the school,
(b) where school vehicles enter onto school grounds, designate part of the school grounds as a loading zone to give school vehicles unrestricted passage to the entrance of the school and determine periods of time during which no pupil or other vehicles are permitted in such zone, and
(c) where school vehicles load and unload on the street or highway, cooperate with local authorities, to have part of the street or highway adjacent to the school grounds designated as a loading zone.
Rules of conduct for loading and unloading of school buses
8(1)The superintendent of each school district shall ensure that at the beginning of each school year all pupils
(a) are instructed, commensurate with their age and abilities, in basic school bus safety rules including:
(i) when crossing the street or highway to embark onto a school bus, to stop, look and listen and cross the street or highway when it is safe to do so, and
(ii) when disembarking from a school bus and crossing a street or highway
(A) to proceed to a point at least three metres in front of the school bus,
(B) to stop, look and listen, and
(C) to cross the street or highway, when it is safe to do so, before the school bus proceeds, and
(b) participate in an emergency evacuation exercise.
8(2)A driver of a school bus shall enforce the rules set out in paragraph (1)(a) and shall report violations to the principal of the school.
DRIVER EMPLOYMENT REQUIREMENTS
Driver training and licensing requirements
9(1)No person shall drive any school vehicle unless
(a) the person holds a driver’s licence of a class appropriate to the type of vehicle being operated,
(b) before employment, the superintendent of the school district obtains, and determines to be satisfactory, an abstract of the person’s driving record issued by the Minister of Public Safety,
(c) before employment, the person provides to the superintendent of the school district such documentation as is required by the Minister or the District Education Council concerned in relation to a criminal background check, and
(d) the person is capable of conducting a daily school vehicle inspection as may be required by the Minister.
9(2)No person shall drive a school bus or other school vehicle that is a bus unless
(a) the person has a valid B or C endorsement on the person’s driver’s licence,
(b) the person has successfully passed the driver’s examination required by and conducted under the authority of the Minister of Public Safety
(i) each time the person’s driver’s licence expires, and
(ii) at any time during employment, upon request of the superintendent of the school district,
(c) the person provides to the superintendent of the school district, before employment and each time the person’s driver’s license expires or is renewed,
(i) proof that the person possesses a valid first aid certificate, and
(ii) an abstract of the person’s driving record issued by the Minister of Public Safety,
(d) the person satisfactorily completes the school bus driver training program provided by the Minister, and
(e) the person attends in each subsequent year a school bus driver refresher course provided by the Minister.
9(3)The superintendent of the school district shall not permit any driver of a school vehicle to convey pupils while holding a probationary licence.
2002-42; 2016, c.37, s.51; 2018-49; 2019, c.2, s.39; 2020, c.25, s.39; 2021, c.10, s.2; 2022, c.28, s.13
Physical fitness and comportment
10(1)No person shall drive any school vehicle unless
(a) the person is capable of exercising good judgment in handling the school vehicle being operated,
(b) the person is capable of exercising good judgment in managing the behaviour of the pupils travelling in the school vehicle,
(c) the person is of sober habits, industrious, neat and clean in appearance and in good health,
(d) the person is not less than twenty-one years of age, and
(e) the person, during the month of the person’s birthday, successfully passes a medical examination by a medical practitioner or a medical examination prescribed by the Minister of Public Safety
(i) every four years, if the person is under 45 years of age,
(ii) every two years, if the person is 45 years of age or over but under 65 years of age, and
(iii) annually, if the person is 65 years of age or over.
10(2)For the purposes of assessing a person’s health under paragraph (1)(c), a superintendent may request proof of medical fitness, certified by a medical practitioner, before employing or contracting with a person as a driver of a school vehicle.
10(3)Repealed: 2018-49
10(4)No person shall drive a school bus or other school vehicle that is a bus unless
(a) the person submits proof of medical fitness on a form provided by the Minister of Public Safety
(i) before employment,
(ii) each time the person’s driver’s licence expires or is renewed, and
(iii) at any time during employment, upon request of the superintendent of the school district, and
(b) subject to subsection (5), where the person has a history of diabetes, epilepsy or heart condition, the person is declared fit by an examining medical practitioner designated by the superintendent of the school district.
10(5)The superintendent of the school district may determine the frequency of medical examinations that a person referred to in paragraph (4)(b) is required to undergo.
2016, c.37, s.51; 2018-49; 2019, c.2, s.39; 2020, c.25, s.39; 2022, c.28, s.13
SCHOOL VEHICLE DRIVER RESPONSIBILITIES
General driver responsibilities
11(1)A driver of a school vehicle is responsible for
(a) the safety of the pupils,
(b) the efficient and economical operation of the school vehicle, and
(c) complying with the Motor Vehicle Act and its regulations, and the Education Act and its regulations.
11(2)A driver of a school vehicle shall not smoke on a school vehicle or allow any passengers to smoke while on a school vehicle.
11(3)A driver of a school vehicle shall never, when operating a school vehicle, be under the influence of any drugs or medication that may impair the driver’s ability, or under the influence of any level of alcohol.
11(4)Where a driver of a school vehicle owned by the Province violates subsection (3), the superintendent of the school district concerned may suspend or dismiss the driver.
11(5)Where a driver of a contracted vehicle violates subsection (3), the superintendent of the school district concerned, on behalf of the District Education Council, may cancel the conveyance contract under which the vehicle operates.
Failure to meet responsibilities
12(1)The superintendent of the school district may suspend or otherwise discipline the driver of a school vehicle owned by the Province who fails to fulfill the school vehicle driver responsibilities established under this Regulation.
12(2)An owner of a contracted vehicle is liable for any violation of this Regulation by the driver of the contracted vehicle.
12(3)When a driver of a contracted vehicle is assessed ten or more demerit points under the Motor Vehicle Act, the conveyance contract under which such vehicle operates may be terminated.
Operation of school vehicles
13(1)A driver of a school vehicle shall
(a) practise defensive driving at all times,
(b) operate the school vehicle at a speed commensurate with the conditions, within authorized speed limits,
(c) operate the school vehicle at a speed of no more than ten kilometres per hour when driving within thirty metres of a loading zone on school grounds,
(d) be courteous to other drivers on the highway,
(e) operate the school vehicle according to the route plan and schedule determined by the superintendent of the school district,
(f) conform to the plan for loading and unloading of school vehicles referred to in section 7,
(g) in the case of a school bus, use the front doors of the school bus for loading and unloading pupils and allow the use of the emergency exits only in the case of an emergency or during practice exercises,
(h) subject to paragraph 11(1)(c), ensure that all doors are secure when the school vehicle is in motion, and
(i) submit, as required by the superintendent of the school district, such information as may be required regarding the operation of the school vehicle.
13(2)A driver of a school vehicle shall not
(a) use a school vehicle to tow any other vehicle while pupils are being conveyed,
(b) operate a school vehicle in reverse on the school grounds, except when being guided by the principal, a teacher designated by the principal, or another bus driver,
(c) back a school vehicle onto a highway from any driveway or turning point, or
(d) allow excessive traffic build-up behind a school vehicle.
Vehicle inspection and maintenance by drivers
14(1)A driver of a school vehicle shall
(a) conduct a school vehicle inspection, as specified by the Minister, on the vehicle at least once daily,
(b) in the case of a school bus, conduct a school vehicle inspection, as specified by the Minister, before any co-curricular or extra-curricular trip is taken outside of regular school hours, and
(c) clean the school vehicle once daily, or more often as required, to the satisfaction of the superintendent or in the case of a conveyance contract, the private owner of the school vehicle.
14(2)A driver of a school vehicle shall not convey pupils in a school vehicle of which the warning system, the steering apparatus, the exhaust system, the suspension, the brakes or the tires are not in good working condition.
14(3)Where, in the opinion of the driver, any part of a school vehicle appears defective, the driver shall request authorization from the superintendent of the school district, or in the case of a conveyance contract, the private owner of the school vehicle,
(a) to move the school vehicle for the purpose of obtaining repairs, or
(b) to correct or cause to be corrected the defect.
2021, c.10, s.2
Safety requirements
15(1)A driver of a school vehicle shall participate in the emergency evacuation exercise conducted under paragraph 8(1)(b).
15(2)A driver of a school bus, or a school vehicle that is marked “This vehicle stops at all railway crossings” or is similarly marked, shall at every railway crossing
(a) activate the four way emergency flashers no less than one hundred and fifty meters before the railway crossing,
(b) bring the vehicle to a stop not less than five and not more than fifteen metres before the railway crossing,
(c) in the case of a school bus, open the door of the vehicle,
(d) in the case of a school vehicle that is not a school bus and that is marked “This vehicle stops at all railway crossings” or is similarly marked, open the door or window of the vehicle,
(e) turn off the radio and fans,
(f) check for clearance of right-of-way,
(g) cross with the school vehicle so geared so that there is no need to change gears while proceeding across the railway tracks, and
(h) not shift gears while crossing the railway tracks.
15(3)Notwithstanding subsection (2), where a school vehicle that is a bus is being used for the conveyance of pupils, a driver of the bus shall not drive the bus across a private railway crossing.
15(4)Where a school bus is being used for a purpose other than for the conveyance of pupils, a driver of the school bus shall not stop the school bus on the travelled portion of a highway for the purpose of loading or unloading passengers.
15(5)A driver of a school vehicle shall not
(a) fill the fuel tank while pupils are inside a school vehicle, or while the engine is running,
(b) convey pupils in a school vehicle that is a bus that has not been marked to indicate that pupils are passengers,
(c) leave a school vehicle unattended while pupils are passengers, or
(d) put a school bus into motion unless all pupils who are passengers on the school bus are seated.
Operation of warning system
16(1)A driver of a school bus shall operate the warning system at least one hundred and fifty metres before coming to a stop and during that period of time that the school bus is stopped for the purpose of loading or unloading pupils.
16(2)Notwithstanding subsection (1),
(a) subject to an annual review by the Minister, a driver of a school bus is not required to operate the warning system at specified loading points when a written dispensation has been issued by the Minister, the superintendent concerned and the local police, and
(b) where a school bus is being used for a purpose other than for the conveyance of pupils, the warning system shall not be used.
16(3)Where a crossing arm has been installed on a school bus, a driver of the school bus shall operate the crossing arm in conjunction with the warning system.
16(4)Notwithstanding subsection (3), the operation of a crossing arm is not required when the front of a school bus stops within a distance of four metres of another vehicle or object.
2002-42; 2021, c.10, s.2
Conveyance of equipment and materials
17A driver of a school vehicle shall not
(a) allow the transport of any animal, weapon, explosive or other hazardous material in a school vehicle, or
(b) while passengers are being conveyed, allow any bundles, parcels, books or other objects in a school vehicle that
(i) block a stairwell, aisle or emergency exit, or
(ii) present a hazard to the passengers.
Accident procedures
18(1)A driver of a school vehicle that has been involved in an accident shall, where reasonable, endeavour to obtain or administer assistance, if required, for any injured person and then
(a) report the accident immediately
(i) to the superintendent of the school district, and
(ii) to the police, as required under the Motor Vehicle Act,
(b) take note of such information as is necessary to complete the required accident reports,
(c) inspect the school vehicle, and
(d) complete an accident report as specified by the Minister and submit the report to the superintendent of the school district within twenty-four hours after the accident.
18(2)A driver of a school vehicle that has been involved in an accident shall not proceed with pupils as passengers unless the driver is satisfied that the school vehicle is in a safe mechanical condition.
18(3)A driver of a school vehicle that has been involved in an accident shall not sign any document or make any admission of liability in any manner to any third party.
2021, c.10, s.2
VEHICLE SPECIFICATIONS AND MAINTENANCE
Increase in number of school vehicles
19The superintendent of a school district shall not increase the number of school buses used for the conveyance of pupils without the prior approval of the Minister.
2021, c.10, s.2
Specifications for school vehicles
20(1)The Minister shall adopt and enforce specifications, consistent with the Motor Vehicle Act and its regulations, for the design, construction, equipment and inspection of all school vehicles.
20(2)No person shall operate or permit the operation of a school vehicle that does not conform to the specifications adopted under subsection (1).
2021, c.10, s.2
Maintenance of school vehicles
21The superintendent of the school district shall
(a) maintain or cause to be maintained all school vehicles in the school district, other than contracted vehicles, in good mechanical condition in accordance with the manufacturer’s manual and any maintenance program prescribed by the Department of Transportation and Infrastructure, and
(b) require owners of contracted vehicles to maintain all contracted vehicles in good mechanical condition in accordance with the manufacturer’s manual for each vehicle.
2012, c.39, s.60
Inspection of school vehicles
22The Minister may at any time order an inspection of any school vehicle.
2021, c.10, s.2
CONVEYANCE CONTRACTS
Conveyance contracts
23(1)Subject to section 19, the superintendent of a school district may enter into a conveyance contract on behalf of the District Education Council.
23(2)Repealed: 2016-72
2016-72
Call for tenders
24(1)Subject to section 19, the superintendent of a school district may call for tenders for conveyance contracts on behalf of the District Education Council.
24(2)Every call for tenders for a conveyance contract shall be published, in a format approved by the Minister, in a newspaper having a general circulation in the school district for which the contract is being called, at least ten days before the date assigned for the opening and consideration of the tenders.
24(3)Notwithstanding subsection (2), in exceptional circumstances and with the approval of the Minister, a call for tenders referred to in subsection (2) may be published less than ten days before the date assigned for the opening and consideration of the tenders.
24(4)In every call for tenders for a conveyance contract, it shall be announced that the superintendent on behalf of the District Education Council is not bound to accept the lowest or any tender.
24(5)Where no satisfactory tender has been received under this section, the superintendent may
(a) make a new call for tenders in accordance with this section, or
(b) enter into negotiations with one or more persons without further calls.
2016-72; 2021, c.10, s.2
Terms of conveyance contracts
25(1)Subject to subsection (2), the duration of a conveyance contract shall not exceed five years.
25(2)With the agreement of the parties concerned and if the initial contract so provides, a conveyance contract may, under the same terms, be extended for a period of time not to exceed two years following the initial term of the contract.
25(3)A policy of insurance carried in accordance with section 26 shall accompany all conveyance contracts.
2016-72
INSURANCE REQUIREMENTS
Insurance requirements
26(1)On all school vehicles owned by the Province, the Minister shall carry insurance covering
(a) bodily injury and property damage for road hazard in an amount not less than five million dollars,
(b) bodily injury for passenger hazard in an amount not less than five million dollars, and
(c) specified perils, subject to such deductible provisions as the Minister considers appropriate.
26(2)A private owner of a contracted vehicle that is not a bus and that is used for the conveyance of any pupil who does not reside with the owner shall for each contracted vehicle carry insurance covering bodily injury and property damage for road hazard in an amount not less than two million dollars or such greater amount as may be determined by the Minister.
26(3)A private owner of a contracted vehicle that is a bus used for the conveyance of pupils shall for each contracted vehicle carry insurance covering
(a) bodily injury and property damage for road hazard in an amount not less than five million dollars or such greater amount as may be determined by the Minister, and
(b) bodily injury for passenger hazard in an amount not less than five million dollars or such greater amount as may be determined by the Minister.
2021, c.10, s.2
CO-CURRICULAR AND EXTRA-CURRICULAR USE
Use of school vehicles for co-curricular and extra-curricular activities
27(1)The superintendent of the school district may, subject to subsection (2) and within the limits of the budget provided by the Minister under section 50.2 of the Act, approve the use of a school vehicle owned by the Province for the conveyance of pupils for a co-curricular or extra-curricular activity
(a) anywhere within the Province,
(b) outside the Province for school vehicles leaving from or returning to Campobello Island where they must travel through the State of Maine to reach or to come from The Town of St. Stephen, and
(c) subject to the approval of the Minister, any other place outside the Province.
27(2)When approving the use of a school vehicle under subsection (1), the superintendent concerned shall ensure that
(a) such use does not interfere with the normal conveyance of pupils to and from school, and
(b) the principal of the school arranging the trip provides appropriate adult supervision for the pupils being conveyed.
27(3)Any group using a school vehicle under subsection (1) shall pay to the school district such incremental costs as are determined by the superintendent concerned in relation to this use of the school vehicle.
2010-141; 2021, c.10, s.2
Use of school vehicles by senior citizens
28(1)Where an organization of twenty or more senior citizens of the Province wishes to benefit from the use of a school vehicle owned by the Province, the proposed use of the school vehicle is scheduled so as not to interfere with the normal conveyance of pupils and the organization submits a request to the superintendent of the school district at least two weeks in advance, the superintendent, subject to any policies or directives of the District Education Council, may authorize the use of a school vehicle for transportation to any point situated not further than one hundred and sixty kilometres from the point of departure for a maximum of three trips annually for each organization.
28(2)Where a school vehicle is used under subsection (1), the organization shall pay to the superintendent of the school district any incremental costs incurred in relation to this use of the school vehicle including
(a) the driver’s meals and lodging in accordance with provincial travel guidelines,
(b) the driver’s wages,
(c) incremental insurance, and
(d) all costs of fuel, oil and repairs.
Use of school vehicles in emergency or exceptional circumstances
29(1)In cases of emergency or exceptional circumstances, the Minister may order the use of a school vehicle owned by the Province for a purpose other than the conveyance of pupils.
29(2)Where a school vehicle owned by the Province is used under subsection (1), the person or organization who uses the school vehicle shall pay the Province an appropriate rate for the use of the school vehicle as determined by the Minister.
2021, c.10, s.2
LODGING
Lodging
30Subject to the approval of the Minister, the superintendent of the school district may, in lieu of conveying a pupil, provide for the lodging of the pupil near the school the pupil is authorized to attend under the Act for the school year or any part of the school year.
2021, c.10, s.2
REPEAL
Repeal
31New Brunswick Regulation 97-151 under the Education Act is repealed.
COMMENCEMENT
Commencement
32This Regulation comes into force on July 1, 2001.
N.B. This Regulation is consolidated to June 10, 2022.