The Rules Were Already There: Guideline 512, Guideline 513, Policy 504 New Brunswick Department Of Education

(Originally posted December 2, 2008 and updated May 10, 2009)

About a month after the tragedy that killed our sons, I started to search the Bathurst High School web site to see what changes could be made to the regulations and policies regarding transportation of children to off-site extra-curricular activities and events. To my utter disbelief the rules were already there for everyone to follow: the driver, the Activity Organizer, the Vice-Principal, the Principal, the Superintendent and the Captain of the Ship, Minister of Education, Kelly Lamrock.

Department of Education Changed Links to Guidelines in February 2009

The website for the Department's Guidelines and Policies can be found at http://www.gnb.ca/0000/policies.asp.

When we first made this posting in December 2008, we just linked to the page which contained the Guidelines 512 and 513, which were still on the website because they had not been changed yet.

But we just realized today, May 10, 2009, that in February 2009 the Department of Education removed the old Guidelines 512 and 513 (which were in effect at the time of the collision) and redirected the links from the old Guidelines 512 and 513 to the new Policies 512 and 513 which were introduced at the end of February 2009 to make it look like the Guidelines were Policy.

Very sneaky indeed. There's no mention of the old Guidelines on that page anywhere. Fortunately, we have copies of the old Guidelines.

WE HAVE COPIES OF THE OLD GUIDELINES

Fortunately for us, we made hard copies of the Guidelines from the website way back when we first stumbled upon them. Now that we know they are gone forever from the Department of Education website, we scanned the hard copies and turned them into PDFs so you can see for yourself what rules were already in effect at the time of the crash.

What strikes us is how everyone, from the driver all the way up to the Activity Organizer (whom we don't know but we think it's Dan MacDonald, a teacher at the High School), the former Vice-Principal Don McKay (who also happens to be part owner of Bathurst Van Inc.), the Principal Coleen Ramsay (another co-owner of Bathurst Van Inc.), the Superintendent John McLaughlin, and at the very top of the pile, the Minister of Education, Kelly Lamrock, violated the regulations and policies they were expected to follow.

Read the guidelines and policies yourself and you can see that it was abundantly clear what everyone was supposed to do.

Excerpts from the Guidelines 512 and 513 and clickable links to the PDFs are below:

Guideline 512 Student Activity Vehicles in PDF Format
Cover page
Page 1
Page 2
Page 3
Page 4

Guideline 513 Transportation to and from Off-Site School Related Activities in PDF Format
Cover page
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Appendix A, Requirements and Restrictions Established Under the Motor Vehicle Act for the Operation of Commercial Vehicles, Page 1
Appendix A, Requirements and Restrictions Established Under the Motor Vehicle Act for the Operation of Commercial Vehicles, Page 2
Appendix B Pre Trip Vehicle Inspection
Appendix C

Policy 504, Appendix B Pre Trip Vehicle Inspection

EXCERPTS FROM GUIDELINES AND POLICIES

Guidelines 512, Student Activity Vehicles
Principal’s responsibilities

4.1
A school principal should not permit students to be transported by a student activity vehicle to an off-site school-related activity unless all the requirements to this guideline and Guideline513- Transportation to and from off-Site School-Related Activities are met.

4.2
Overall responsibility for the student activity vehicle should be assigned, by the school principal, to one member of the school personnel. This person will be responsible for ensuring that the vehicle is registered, insured, maintained and equipped in accordance with this guideline.

Maintenance and other recommendations

4.16
A student activity vehicle should undergo a motor vehicle inspection every six months.

4.17
All defects or mechanical problems should either be fixed or reported immediately to the assigned person responsible for the
vehicle.

4,18
A procedure should be in place for situations involving a vehicle break down inside or outside the school district. This should be known by all drivers of the vehicle.

4.19
All required vehicle repairs should be made promptly and be performed by a certified mechanic.

4.20
The vehicle should be equipped with a fire extinguisher and a first aid kit.

4.21
The driver of a student activity vehicle should participate in a basic defensive driving skills training.

4.22
Care should be taken to ensure that tires are the proper size for the vehicle, tires should be inspected on a regular basis to ensure that they are in good condition. The use of snow tires during winter months is recommended.

4.23
Where possible it should be made apparent to motorists that the vehicle is transporting students; for example, by inscribing the school name on the side and back of the vehicle or by using reflective lettering to indicate "students on board".

___

513 Transportation to and from Off-Site School-Related Activities:

Section 4.0

Principal's responsibilities

4.1 A school principal should not permit students to be transported to an off-site school-related activity unless the requirement of this guideline are met.

Activity Organizer's reponsibilities

4.2 When organizing school-related activity that requires the conveyance of students by a motor vehicle, an activity organizer should:

a) for curricular and co-curricular activities, use only school buses or other school vehicles (as defined in Section 3.0)
b) for extra-curricular activities, give preferential consideration to the use of a school bus for suchy conveyance; and
c) not authorize overnight conveyance (i.e. travel through the night) to and from an off-site school-related activity.

Note: Provincial requirements for the maintenance and operation of school buses are identified in the Pupil Transportation Regulation.

4.3. An organizer of an extra-curricular school-related activity should only arrange for the conveyance of students to an off-site location in a vehicle other thana school bus when:

a) the off-site activity is an extra-curricular activity as defined in section 3.0;
b) it is not practical or not possible to use a school bus; and
c) all recommendations set out in section 4.0 of this guideline are followed.

4.4.

The activity organizer should ensure before each trip that;
a) the school has a readily accessible record of the names of the driver(s) and all passengers.
b) The driver has a readily accessible record of all the passengers, and
c) There is appropriate adult supervision of students being conveyed.

4.5

In circumstances where students are being conveyed in a rented, private or student activity vehicle classified as s abus (defined in 3.0), the activity organizer should also ensure that:

a) the vehicle and the driver meet the standards set in this guidline;
b) the driver or at least one of the passengers in the vehicle is trained in emergency first aid; and
c) all requirements and restrictions established under the Motor Vehicle Act in relation to the operation of commerical vehicles are followed. These rules apply to the hours of service for drivers, commercial log books, and out-of-province trip permits (see Appendix A for a description of the specific requirements and restrictions).

Vehicle Guidelines

4.6
The student should not be conveyed to an offsite school related activity in a rented, private vehicle classified as a bus or a
student activity vehicle unless
(a) is equipped with a fire extinguisher and a first aid kit
(b) has a received a pre-trip inspection in accordance with the requirements set out in Appendix B.

_____

Guideline 513

Section 4.16
No vehicle should be used to tow a trailer at the same time as it is being used to transport students to an off site school-
related activity.

Section 4.19
Groups travelling out of town should be prepared to stay overnight if weather or road conditions present a hazard.

_____

Guideline 513
Appendix A

Requirements and Restrictions Established Under the Motor Vehicle Act For the Operation of Commercial Vehicles

A vehicle is considered a commercial vehicle if it has the capacity to carry nine passengers (10 persons in total including the driver) or if it has a registered gross weight of or in excess of 4500 kg. As such, all motor vehicles classified as a bus under the guidleine are considered to be commercial vehicles.

As commerical vehicles, any time a vehicle classified asa bus is used to transport students; the following rules governing the operation of commercial vehicles must be followed.

Drivers'Hours of On-Duty Time

As per the Commerical Vehicle drivers Hours of Service Regulation (2007-39) established under the Motor Vehicle Act and the Federal Commerical Vehicle Drivesr Hours of Service REgulations (Canada), (1) no motor carrier shall request, require or allow a driver to drive and no drivers shall drive after the driver has accumulated 13 hours of driving time in a day and (2) no motor carrier shall requiest, require or allow a driver to drive and no driver shall drivef after the driver has accumulated 14 hours of on-duty time in a day. The driver must take at least 8 consecutive hours of off-duty time before driving again.

The driver must have documention in the commercial log book (see next section) of his / her on-duty time if traveling a distance in excess of 160 km (one-way) from the point of departure or oarticipating in a trip which will not return to the point of departure at the end of the day (maximum of 14 hours of on-duty time) to begin a minimum of 8 consecutive hours of off-duty time. This would include most out-of-province and overnight trips.

It is important to note that "on duty" time includes all the time than an individual works during a day including the time they spend driving. For example, if an individual came in to work at 8:00 am, worked until 4:00 pm, and then drove a sports team to another area, coached behind the bench and then drove back home at 1:05 am, that individual would have more than 14 hours "on duty" time.

Commercial Log Book

The commercial log book is a record of the driver's actions and must be completed accurately whenever the commercial vehicle
a) is used for a trip out-of-province
b) travels more than 160 kim (one-way) from its home terminal; or,
c) is used on a trip of a duration of more than 14 hours (i.e. the driver does not return to the home terminal at the end of the day to begin a minimum of 8 consecutive hours of off-duty time).

For any trip meeting one or more of these criteria, the driver must complete the Driver's Daily Log and theDriver's Vehicle Inspection Report (found on the reverse sideof the Daily Log).

Instructions on filling out the Daily Log and the INspection Report can be found on the back of the log book. In addition to filling out the Daily Log and the INspection Report, the driver must also indicate the number of hours of service that they have had "on duty" (see previous section) for the seven day period immediately prior to the trip. This information is entered in the appropriate column on the inside front cover of the log book.

Log books can be purchased from many major service stations.

Trip Permis -CAVR* and IFTA** Permits

*CANADIAN AGREEMENT OF VEHICLE REGISTRATIONS and **INTERNATIONAL FUEL TAX AGREEMENT

For travel within the Atlantic Provinces, specialized trip permits are not requ9ired.

When travelling into Quebec, all commercial vehicles must apply for trip permits. For information on the trip permits required, contact the Educational Facilities and Pupil Transportation Branch of the Department of Education or the school district transportation office.

If a vehicle is other than a provincially owned school bus and has a capacity for 20 or more passengers (or weighs more than 13,767 kg), a trip permit (International Fuel Tax Agreement or IFTA) is required to travel into Maine. The permit will cost $50.00 (USD), is valid for three days from the time of issue and can be obtained by calling the Maine Bureau of Motor Vehicles at (207) 624-9000 ext. 52137. The permit will be issued via fax. Provincially owned school buses do not require an IFTA permit.
____

Guideline 513
Appendix B
Pre Trip Vehicle Inspection

DAILY:

Note: Daily items should be checked by the driver of the vehicle.

Check fluid level in engine / power steering / hydraulics / brake / clutch / coolan - if applicable
Check all engine belts / hoses for leaks and wear
Check tires for cuts / pressure / loose nuts / rims / wear
Check that all lights are clean and working
Check brake and clutch operation
Look for visible leaks arund and under the vehicle
Start engine / check all guages and instruments / horn
Inspect glass and body for damage
Check windshield wiperse / fluid
Check for unusual noises

WEEKLY:

Note: Weekly items should be checked by the individual assigned for the repairs and general maintenance of the vehicle

Check the tranmsission / differential / transfer case / gear boxes / hydraulic system for fluid level and leaks, applicable
Check battery fluid / terminals / cables
Check for loose bolts / loose or bare wires
Check exhuaust system for looseness and leaks / springs
Check air filter / connections

Important reminder: If you are traveling out-of-province, overnight or a long distance, see Appendix A to determine specific requirements and limitations that may apply in relation to trip permits and completion of log book information.