Activities If transporting of pupils takes place in the form of occasional minibus (up to eight seats) services, in consultation with the school keepers and municipalities, since 1999, the same rules have applied to these pupil transports, as with transporting in private vehicles. All children have a seat and must be accordingly secured. With respect to this legal development, it is comprehensible for the Ombudsman Board, that parents have little understanding for why accident prevention appears subordinate for the legislator, as soon as their children climb into larger buses within the context of transporting pupils in larger school buses. In view of the associated risks, the 3:2 number rule, which has remained unchanged since 1991, does not, in fact, appear to be justifiable anymore, as the traffic safety statistics clearly speak in favour of the 1:1 number rule. However, there are repeatedly tragic traffic accidents, which revive the discussion again, of why safety aspects do not take effect with the daily bus journeys with kindergarten and school children. In this respect, it is particularly worth highlighting three accidents en route to/from schools, which took place in 2005, within a period of a few months in Upper Austria and are intended to document that one should not speculate with statistical probabilities, in the interest of children when transporting pupils. Without it being the fault of the respective school bus driver, in all three of these accidents, 65 school children were put into danger and unfortunately, some were also seriously injured. In January 2005, an articulated vehicle drove into the back of a stopped school bus containing 50 children, on the Rieder federal highway (B141). At the beginning of May 2005, a truck collided with a school bus in Eferding on the B 134 highway. The collision was due to the truck driver's failure to stop at a give way sign. As a result, the school bus was ripped off at the driver's seat. 10 children were injured, 2 seriously, as well as both drivers. An unrestrained boy, in particular, had enormous luck in that he 'only' received contusions, after being thrown through the windscreen of the school bus. At the end of May, a trainee from a bakery business had a frontal collision with a minibus containing pupils from the Neukirchen an der Vöckla Secondary School and died at the scene of the accident; the 51-year-old driver of the school bus and two pupils were seriously injured, while five suffered minor injuries. Although it was planned in the ministerial draft of the 26th amendment to the KFG (Kraftfahrgesetz – Motor Vehicles Act) [277/ME (XXII. GP)] to generally abolish the 3:2 rule for occasional transport service (i.e. for free journeys for pupils), as a result of objections by the Ministry of Finance in the 96th meeting of the Council of Ministers on June 14, 2005, it was resolved that the option should remain for motor transport services to also be permitted to transport on the basis of two seats for three children between the ages of 6 and 14. In the National Council meeting on September 28, 2005, a legislative decision took place, which only contained the abolishment of the 3:2 rule for occasional journeys or journeys to school events, ski courses and school weeks in the countryside. The overfilling of school buses was therefore also not eliminated with the 26th amendment to the KFG (Federal Law Gazette I no. 117/2005). The fact that particularly larger school and public transport buses, which transport children on a daily basis, are frequently so obsolete in terms of safety technology that they do not even offer the theoretical possibility of 16

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