No, in fact there's
NOT
a limit on the number. The Queensland Transport Department allows
children to be packed into the bus solely according to the loaded weight
of the vehicle. There is nothing enforceable in law which says that
standing children have to have a certain amount of space. There is
a regulation that says enough "suitable handgrips" have to be provided
for standing passengers, but the definition of "suitable handgrip" is so
vague that it has never been enforced. In other words, Queensland
Transport inspectors have never noted or counted the number of handgrips
available on each individual bus. They have never limited the number
of standing children according the number of handgrips.
2. What about kids squashed up against the front windscreen of the bus - surely that's illegal?
No, in fact it's
not. The bus operators and the Transport Department sometimes get
embarrassed when it's pointed out to them and do something to stop it,
but the bottom line is that it's not illegal.
3. How many kids on a bus would there have to be to make it "overweight"?
No-one really
knows. Our local police have been so horrified by the situation that
they took one of the school buses (which appeared to be jammed pack with
kids), down to the nearby weighing station. To their disgust and
horror, the bus STILL did not come up to the legal weight limit.
To go OVER the legal weight limit, the buses would virtually have
to have kids clinging to the roof.
4. What are the daily consequences of kids being so tightly packed into the buses?
We've had kids
vomiting from heat exhaustion. Lot's of bullying goes on over available
seats, with the smaller and younger kids usually getting the worst of it.
The driver is unable to see any of what is going on because of the number
of children on board. This is also very dangerous when kids get off
the bus. It's possible for backpacks to get caught in folding doors
and for kids to be dragged by the moving bus - thankfully, this has never
happened locally - but it has been known to occur. Lot's of local
parents won't use the bus service because of the gross conditions.
5. What are the most dangerous consequences?
Standing children
become "missiles" in the event of an accident. They have a FAR
higher risk of death and injury. In America, no children are allowed
to stand on the schoolbus because of the dangers. In 1967 the University
of California Los Angeles (USA) produced a video called "Broken Bus" which
very graphically illustrates what happens to standing children in the event
of three different types of crashes. This is available from the Ames
Multimedia website. Just access the site and type "Broken
Bus" into the "search catalogue" section of their site. This video
costs $35 (American) extra to their quoted price, to cover postage and
conversion into an Australian format. The scientific papers associated
with this research and video can also be accessed from the website of People
Advocating Seatbelt Safety. Once you arrive at this site,
click on their link which says "1967 UCLA School Bus Crash Study".
This link will take you to the research paper itself. If you then
scroll down the page, you will come to a sub-heading entitled "Occupant
Kinematics". Underneath this sub-heading there is a point "4" listed.
This point says:- "[STN
Webmaster note: Conclusion #4 is presented in its entirety.] The
practice of transporting bus passengers standing in the aisle is dangerous
and should not be permitted, especially for school bus passengers.
Individuals standing in the aisle are far more likely to be injured than
passengers who are seated, regardless of the lack of quality of the seats.
During a collision passengers standing are thrown about the bus passenger
compartment stiking and injuring other individuals who may be adequately
restrained. The exposure for the standee relative to the head-on
and rear-end collision is, understandably, severe, owing to no structure
immediately in his path to retard his body being hurled down the aisle
to strike the front or rear of the bus forcibly, and often head first.
It was found that conditions are or may be as serious for the side impact
owing to the abruptness with which the standee is thrown against other
passengers and the side of the bus, or, in the instance of the individual
standing near the front of the bus, thrown against the opening and ejected
head first. The standee's chances of injury during a collision greatly
exceed those of seated passengers, even when safety seats are not included
in the bus. Standees thrown to the front of the bus may block the
exit with injured and unconscious bodies greatly increasing the evacuation
time for those able to move.
6. Isn't the Queensland Government aware of this 1967 American research and the conclusions quoted directly above (in mauve)?
YES, THEY ARE!
There was a 1993
Parliamentary Committee Report (Queensland) into the issue of standing
schoolchildren on school buses. This report blithely states that
there was NO research available that showed standing passengers were at
any greater risk (first paragraph, page 18 of the report) - this
was despite the 1967 American research and a blanket ban on this practise
in that country. How an earth a Queensland Parliamentary investigation
(which would have cost many thousands of dollars), could "overlook" a country
of over 200 million people that had TOTALLY banned standing children on
school buses, is beyond the comprehension of most ordinary people.
However, the Queensland report DID call for the relevant crash-testing
to be carried out (second paragraph, page 54 of the report) - guess what?
Seven years later we're still waiting. Along with the the total disregard
of American research, you couldn't blame some people for thinking that
this government just doesn't WANT to know! The "Bus Action Committee"
sent details of the above quoted Californian research (in question 5),
to the Queensland Minister for Transport, Mr. Stephen Bredhauer and asked
for his comments. Did he jump up with horror? Did he order
an immediate investigation? NO! Several weeks later we're STILL
waiting for a response.
NB. You'll need to use Adobe
Acrobat to read the above.
7. In the light of the above quoted Californian research into injuries sustained by standing passengers, could coach line operators be sued (in the event of deaths/injuries occurring) - even though they are operating within Queensland Government legislation?
Yes, this is entirely possible (in fact, it's highly likely) and it is a point with which both the coach industry and the insurance industry do not appear to have come to grips with, or even fully understand. A recent case before the Queensland courts was a landmark one, which clearly set the precedent that coach line operators have a "duty of care" towards children. The following quote is from Mr. Rob Davis's web page (he is the solicitor who prosecuted the land mark case):- "This is the first time that an Australian Court has held a school bus operator liable for the design and implementation of an administrative policy which unnecessarily places children at risk". The quote continues:- "Attwood Marshall Lawyers congratulate Mr. and Mrs. Scrase for their courage and determination in bringing this important case to trial. When governments refuse to protect our children then the courts remain the only option. The present case underscores the important role played by our common law courts in exposing and condemning conduct that exposes children to avoidable risks of death and injury. This case should serve as an object lesson to school bus operators, school bus drivers and ordinary road users. It demonstrates that our courts will require rigorous safety standards from road users, even in the absence of specific government legislation. Attwood Marshall Lawyers are proud to have represented Mr. and Mrs. Scrase in this important case. 'This case will hasten the day when Australian school buses will be made safer', said Mr. Davis, (the lawyer for Mr. and Mrs. Scrase and National APLA spokesperson on school bus safety issues). 'Until then we at Attwood Marshall Lawyers will continue to campaign to prevent injury to school children using school buses... And where injury or death results then we will continue to do our part to ensure the wrongdoers are brought to justice before our courts". " POSTSCRIPT: Surfside Buslines and Mr. Jarvis appealed against the decision of Mr. Justice Ambrose. On the 22nd December 1998 Mr. Justices Pincus and Muir (with Williams J dissenting) dismissed their appeal and confirmed the original decision".
The damages awarded
amounted to $500,000 for the avoidable death of one child. No parent
would see that as any sort of compensation - or indeed, that any compensation
would be "enough", or that it is ever possible to be "compensated" for
the death of a child, however, this case should send a chilling message
to all coach operators and the insurance industry. When looking at
the potential liability arising from a coach accident involving over 100
children in AVOIDABLE (as ALL the research shows), death and injury - financially
speaking, the skies the limit. There is a link to Mr. Rob Davis's
web site in "question 12" on this page.
8. What about the strength of the coach body, wouldn't that help in the event of accident?
No, it wouldn't.
Unlike the American school buses which have very specific standards in
regard to the "roll-over" strength of the coach body, there are no such
standards in place in Queensland. In a nutshell, our kids are travelling
all unrestrained, many standing, in vehicles that would crush like a can
in the event of accident. This is in 100klm/hr zones on roads that
are also major inter-state trucking routes. If you'd like a full
run down on the stringent construction standards in place for American
school buses (none of which exist in Queensland) you can access the website
of the National
Highway Traffic Administration (USA). A very telling quote
from this site is "NHTSA has established school bus safety standards requiring
higher levels of safety performance for school buses than other passenger
vehicles". All this information has been passed on to the Queensland
Minister for Transport - again, we have not had any response as yet.
9. What happens in a typical coach "roll-over" accident then? For instance, what happened in the Tamborine Mountain coach crash? Why were so many people killed and injured?
This quote from Mr. Rob Davis (a solicitor) paints a very graphic picture:-
"in 1989 the writer
represented the bus company involved in the Tamborine Bus Crash in which
11 people were killed and over 30 were seriously injured. The one
glaring lesson that emerged from that fatal accident was that buses are
not designed to be reasonably crash worthy. If a normal family sedan
had been involved in either the Tamborine or Gateway incidents there is
every reason to believe the occupants would have survived with relatively
minor injuries. the massive toll of death and injury that occurs
in almost any bus "roll-over" is caused by two main factors. First
is the fact that buses are not designed to withstand realistic roll-overs.
Second is the absence of seatbelts. During roll-over bus cabins distort,
windows pop and occupants are thrown around like shoes in a spin drier.
Some occupants may protrude through open window spaces, resulting in decapitation
injuries and the vehicle rolles. Others are beaten to death from
colliding with internal structures, such as seats, floors and other passengers".
Imagine the horror of this scenario involving
a bus load of over a 100 children with 30 to 40 standing, ALL unrestrained,
in buses 20 years old or more.
10. What about all the previous deaths and injuries in coach accidents - doesn't the Queensland Government take them into account when looking at school bus safety standards?
No, the Queensland
Government doesn't. In looking at school bus safety, it excludes
from the statistics all other coach crashes other than school bus crashes.
It also excludes any other journey other than that to and from school.
This is why the March 1989 Cairns school bus crash (in which 6 children
died and 15 were injured) is excluded from the statistics - it was a school
"excursion", not a journey "to or from" school. Wonderful what you
can do with statistics when you really try isn't it? The "Bus Action
Committee" informed both the "Cairns Post" and the "Cairns Sun" about the
way in which the fatal school bus accident local to them had been ignored
in the school bus safety statistics. They were shocked and angry.
It's highly likely that they'll be writing about this situation.
11. What about the relative safety of coach to car travel?
Statistically
speaking, coach travel is safer. However, this is because a great
majority of car accidents are caused by speed, alcohol and young drivers
under 25. If you take out these factors, the coach and car accident
statistics move far closer together. Thank God not many buses are
driven by speeding, drunken 17 year olds. But the Queensland Transport
Department conveniently ignores the fact that in comparing coach and car
accident statistics, they are not comparing like with like.
12. What about when accidents actually occur - are un-restrained coach/bus passengers, even if they're seated, more likely to be killed or injured than restrained car passengers?
Yes, they are.
The two major coach accidents in recent times in South-East Queensland
(at Tamborine Mountain and at the Gateway Bridge) were relatively low-speed
affairs, yet they resulted in massive death and injury. As the quote
in question 9 above says, restrained car passengers in a normal
family sedan would have, most likely, survived or suffered far less devastating
injuries. Again, if you access the website of People
Advocating Seatbelt Safety and click on their link which says "comparison
of restraint simulation (Busbelts)", you will then arrive at a page
which has still pictures taken from computer animated graphics of what
happens to both restrained and un-restrained schoolbus passengers (seated)
in the event of a crash. If you also visit Rob
Davis's website, you will find the graphic description of what
happens in coach crashes (also quoted on this web page), as well as a heart-wrenching
quote from the traffic accident investigator involved in the Tamborine
Mountain accident. Rob Davis also has a great deal more useful information
about school bus safety issues on his web page. He is a solicitor
on the Gold Coast who has been involved with these safety issues for many
years. In the United States, as well as a total ban on standing children
in school buses, the states of New York, New Jersey, California, Florida,
Minnesota and Louisiana have all mandated seatbelts on school buses.
The State of Florida introduced it's seatbelt law as recently as April
1999, which was passed in their legislative assembly on a majority of 144
to 4.
13. What argument does the Queensland Government use to avoid having to seat and restrain schoolchildren - surely Governments should be subject to the same safety standards as every private motorist in the country?
In a nutshell,
statistically speaking, not enough schoolchildren have been killed and
injured in bus accidents to warrant any action. What the Queensland
Government is saying is that they require a bus load of kids to be killed
and injured before action is taken - and even then, statistically speaking,
it may not be "enough"! They are applying a "cost effectiveness"
formula to our children's lives, in other words, it's cheaper to let a
few die than do anything about the glaring dangers. The "Bus Action
Committee" has written to the Queensland Minister for Transport, asking
him how many deaths and injuries he would consider to "enough" before action
is taken - needless to say, just like all the other questions we have asked,
we have not received an answer.
14. What can we do about this terrible situation?
Despite Mr. Andrew
Watson (the Transport Minister's most senior advisor), saying that the
media "doesn't matter" and "won't make a difference to Government policy"
- as well as saying he "didn't want to hear" what the "Bus Action Committee"
were doing in regard to the media, ordinary people tend to take the common
sense view that the media, in fact, matters very much to politicians.
At the moment, television, newspapers and radio are all very interested
in the story. The other ray of hope is that the Queensland Government
is on a very narrow majority of one seat, with some of their seats won
on margins as narrow as 0.5% to 2.5%. The "Bus Action Committee"
is NOT party political - however, we advise people to prioritise
children's lives in their voting intentions. In other words, if ANY
political party chooses to ignore this horrendous situation, then they
should be prepared to suffer the electoral consequences. Let's face
it - on the scale of what's important in people's lives you could get anything
of more relevance than their kids! Click on the link to our campaign
page to hear more about what we are doing.
Links