Activities
floors, sharp corners and edges and lack of secure stance in the entry and
exit areas, etc. results in increased risk of injury. If one follows the AUVA,
this is why injuries due to impact, falling, spraining one’s ankle and falling
down, as well as serious finger injuries and crushing from closing bus doors
are not a rarity (see AUVA bulletin 'Safety in and Around the School Bus',
http://www.auva.at/mediaDB/48617.PDF).
According to AUVA, in Austria, approx. 50,000 pupil accidents take place
per year; of these, only a small percentage take place en route to/from
school (7%) and of these so-called travel accidents, only a low percentage
are associated with school bus transports (6%). The number of traffic accidents en route to/from school (2004: 454, 2005: 387) declined in 2005,
however, the number of pupils injured in these remained the same, at 465
(source: Austrian Road Safety Board, Accident Statistics 2005).
Parent associations, the Catholic Association of Families, the Austrian
Road Safety Board, ÖAMTC (Austrian Automobile, Motorbike and Touring
Club) and ARBÖ (Austrian Automobile Club) have been promoting an
amendment for many years, to no avail, which satisfies the safety requirements, which the federal legislator now regards as indispensible with the
transporting of children in cars or minibuses, for transporting pupils, with at
least a number rule of 1:1.
The existing statutory basis is in fact detrimental not only to transport safety
and the safety of children, but also blatantly contradictory, because the gap
between the legislation on the transport of children by private individuals
(not only in 'family cars') and the transport of school children is increasingly
becoming wider.
Transporting a child unsecured or only secured with an adult safety belt in a
car or minibus, was regarded for a long time as a peccadillo. Since January 1, 1004, it has been legally regulated that children in a car must be secured by a child restraint system (i.e. car seats), appropriate to their age,
height and weight. Since January 1, 1999, children in a car or minibus must
have a fully-fledged own seat. Therefore, anyone who is travelling in his/her
car or minibus with their own or other children under the age of 14, who are
smaller than 1.50 cm, must satisfy the circumstance of kindergarten and
school children, who are too small to only use the conventional three-point
lap belt, by buying and using special vehicle seats equipped with belts for
their safety. Through the penalty system which has been in effect since July
1, 2005, not only charges and administrative penalties (range of punishment up to € 5,000.00) are imposed, but also an entry in the register of driving licences. Anyone who is caught doing so again within two years, must
attend special training and respectively, with three penalties, must give up
their driving licence. From January 1, 2007, the mandatory use of child
seats in cars and minibuses was further tightened: Child restraint systems,
which have been tested according to the more than ten-year-old norm versions ECE 44/02 or even 44/01, have no place in a car anymore. Child
seats that do not at least comply with the standard ECE 44 in the version
03 are regarded throughout Europe as being technically obsolete, so that
the Austrian legislator not only prohibits their use with a penalty, but also
their private onward sale.
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