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At the high school I go to, our school district's transportation department (likely due to budget reasons) has allocated more students onto one bus than its maximum capacity, resulting in kids sitting in the aisles, or hanging off of a seat. I've found what I believe is my state's related law (WAC 392-145-021) which states that

No school bus shall be operated unless each passenger aboard has been provided with a safe seat of sufficient size to accommodate each passenger within the seat compartment. There shall be no auxiliary seating accommodations such as temporary or folding jump seats in any school bus. Students shall remain seated while the school bus is in motion.

I realize that as kids need to go home, the bus driver needs to drive despite the conditions of the bus (also, to keep their job I presume) and so it isn't their fault. However, I'm curious if, in the eyes of the law, the bus driver is held accountable for operating the vehicle.

On top of that, is there a case to be made that could protect them?

tripleee
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violetorigin
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3 Answers3

77

I realize that as kids need to go home, the bus driver needs to drive despite the conditions of the bus

Not really. The driver should refuse to drive the bus with too many passengers. If that were to happen, the person responsible for assigning too many students to the bus would be liable for the children (or some of them) not getting home.

As it is, both that person and the driver risk civil and criminal liability in case of injury or death, and the driver is breaking the law by driving the bus with too many passengers.

The need is not for the kids to get home, but for the kids to get home safely. Consider other possible "conditions of the bus": should the driver drive the bus if the brake lights aren't working or if the tires are bald?

phoog
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55

I realize that as kids need to go home, the bus driver needs to drive despite the conditions of the bus (also, to keep their job I presume) and so it isn't their fault, however I'm curious if in the eyes of the law, the bus driver is held accountable for operating the vehicle.

On top of that, is there a case to be made that could protect them?

The bus driver is legally responsible even if he is ordered by his employer to break the law, on pain of being fired for failing to do so. The bus driver has no protection from legal liability and neither does his employer.

If his employer does discipline or fire him for insisting on acting legally, he probably has remedies for wrongful termination of employment.

ohwilleke
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WAC 392-145-021 is to be obeyed by the local school district, pursuant to regulations set forth and enforced by the superintendent of public instruction. 392-145-016 separately states rules that are supposed to be created for students to obey, and 392-145-031 sets forth drive requirements. The issue you point to is not a "driver requirement". It is possible that the school district has a policy disallowing drivers from driving an overloaded bus, but not following employer rules is not breaking the law. The district cannot argue that they are "forced" to break the law, instead, they are required to get more buses and drivers. Whether or not the driver should take a labor-action stance is a rather complicated and separate political question.

user6726
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