The DPS is a prior authorisation procedure that transport undertakings must follow before being accepted as potential operators of passenger transport services. Operators who meet the minimum standards will be included in the DPS and invited to submit tenders. Applications for the DPS can be submitted at any time. While 24×7 Limited advertises for local drivers, Kiernan was concerned that they would not offer safe, long-term contracts, adding that the company – in its current form – does not have an operator licence with the Council. “Nine of our `One School` contracts, where a supplier delivers all vehicles and staff to a school, were recently reallocated, allowing 24×7 Limited to receive all seven of these contracts. 47. Many children go to school on special school buses or by taxi or private rental vehicle. For the purposes of the Protection of Vulnerable Groups (Scotland) Act 2007 (“PVG Act”), drivers of special school transport and all persons engaged by the company or transport authority to accompany or supervise children travelling on such transport are entitled to membership in the PVG system when performing “regulated work” with children. This includes the supervision or exclusive responsibility of children as part of the normal duties of the position. Therefore, when an authority offers its own special school transportation, it is expected to employ only individuals who are members of the PVG program as drivers and escorts or supervisors. The supply of passenger transport is an important activity and a significant part of the expenses of many authorities. School taxi contracts are almost always obtained via a dynamic purchasing system (DPS). 54.
The obligation under the School Transport Seat Belts Act 2017 (Scotland) to ensure that seat belts are installed in special school transport services includes vehicles owned and supplied directly for that service, as well as vehicles supplied indirectly through contractual arrangements with a third-party transport company. To fulfill this obligation, a school board must ensure that all vehicles used in its school transportation services that were not equipped with seat belts are attached to the vehicles. Alternatively, school authorities have the option of using vehicles already equipped with seat belts or of putting into service the use of vehicles. 58. For the purposes of the Road Vehicle Lighting Regulations, 1989, as amended by the Road Vehicle Lighting Regulations (Amendment), 1994[31], designated buses used for trips to and from the school must be equipped with distinctive yellow retro-reflective school bus signs attached to the front and rear of the bus. These signs must be clearly visible to road users in front of and behind the bus. Vehicles with a school bus sign may also use hazard lights when the vehicle is stationary and children are getting on or off. 50. The Contractor may submit the disclosure protocol to the local education authority or school only if the employee concerned has given his or her written consent to the Contractor.
Consent must be given freely and not under duress. The contractor must clearly indicate to the employee that the local authority or school, with the employee`s consent, has the opportunity to give its opinion on the employee`s ability to accept the transportation service contract. “I want to be clear. I will fight for taxi drivers in Lewes district. The letter asks County Council to explain why the Essex-based company was awarded the contract for a more local contractor. 53. The type of vehicle used for school transport should be adapted to its intended use. For example, the authorities are free to exclude the use of double-decker buses if they deem it appropriate and to stipulate that minibuses must be used on certain routes, such as narrow and difficult roads. Authorities may also consider the potential benefits of stipulating that buses running on some or all routes must be equipped with video surveillance. 55.
The accompanying national guidelines[30] provide an example of good practice in seat belt specifications that school authorities can follow when determining their school transport contracts. In the latest call for tenders, East Sussex County Council awarded most of its “One School” contracts, where a supplier delivers all vehicles and staff for a school, to 24×7 Limited. 59. The purpose of the signs and hazard lights of school buses is to draw the attention of other road users to the fact that when the vehicle is stationary, children are likely to get on or off the bus and possibly cross the road. Other road users should therefore be very careful when passing a school bus in these circumstances. There is no legal obligation to remove school bus signs if vehicles are not used to transport children, or to use hazard lights when the vehicle is stationary and children are getting on or off. However, local authorities may want to stipulate in their contracts that signs can only be affixed when transporting children and that hazard lights must be used when children get on or off vehicles. .
