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Archived（May 28, 2018）
Decree of Shenzhen Municipal People’s Government
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No. 150
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The Interim Measures of Shenzhen Municipality on the Traffic Safety Management of School Buses was adopted at the twenty-third executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented as of June 1, 2006.
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Xu Zongheng, Mayor
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April 13, 2006
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Interim Measures of Shenzhen Municipality on the Traffic Safety
Management of School Busses
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Chapter 1 General Provisions
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Article 1 In order to strengthen and standardize the traffic safety management of school buses, prevent and reduce traffic accidents and protect the personal safety of students, these Measures are formulated according to the provisions of the Law of the People’s Republic of China on Road Traffic Safety, the Regulations of the Shenzhen Municipality on the Administration of Safety of Schools and the relevant laws and regulations.
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Article 2 The school buses referred to in these Measures include motor vehicles with more than 9 seats used by general high schools and primary schools, secondary vocational schools (hereinafter the “schools”) and kindergartens to carry students to and from schools or carry students to participate in relevant educational activities.
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These Measures are applicable to the use of school buses by schools and kindergartens in the administrative areas of the city to carry students.
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Article 3 The school bus permit system shall be implemented. Schools and kindergartens shall use school buses with the School Bus Permit to carry students.
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Article 4 The traffic control department of the municipal bureau of public security shall be responsible for the road traffic safety management of school buses and issue the School Bus Permit.
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The municipal administrative department of education and the department in charge of secondary vocational schools shall be responsible for guiding and supervising the performance of the school bus safety management duties provided by schools and kindergartens under these Measures and including the implementation of the school bus safety work of schools and kindergartens in the scope of the year-end assessment of safety management work.
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Article 5 The traffic control department of the bureau of public security, the administrative department of education and the department in charge of secondary vocational schools shall establish the system for the notification of school bus safety management information and regularly study the strategies and measures of school bus management.
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Chapter 2 School Bus Permit Management
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Article 6 Uniform school bus patterns shall be painted on special school buses; uniform school bus signs shall be placed on non-special school buses.
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The school bus patterns and signs shall be determined by the traffic control department of the municipal bureau of public security together with the municipal administrative department of education.
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Article 7 Where the following conditions are met, the motor vehicle owner may apply to the traffic control department of the municipal bureau of public security for the School Bus Permit:
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(1) The motor vehicle is registered in Shenzhen;
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(2) The motor vehicle passes the safety technology test;
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(3) The motor vehicle with more than 16 seats is equipped with safety devices such as door handrails;
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(4) The front row seats of the motor vehicle are equipped with triangle safety belts or other types of car safety belts;
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(5) The school bus driver shall be qualified to drive motor vehicles for more than 5 years; the score of the school bus driver has not exceeded 6 points in any score period in the past 3 years and no fatal traffic accident for which the school bus driver bears secondary or primary responsibility has occurred;
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(6) Where schools and kindergartens rent motor vehicles, the motor vehicle owners shall have the qualifications to be engaged in road passenger transportation.
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Article 8 The issuing authority shall, within 5 working days after receiving the application materials, make a decision of approval if the conditions are met or make a decision of disapproval and explain the reasons in writing if the conditions are not met.
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Article 9 The approved applicant shall paint the uniform school bus patterns or place uniform school bus signs and collect the School Bus Permit after passing the test of the permit-issuing authority.
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Article 10 The School Bus Permit shall contain the plate number, the motor vehicle type, the approved number of passengers, the unit to which the vehicle belongs, the name of the school or kindergarten providing the service, the driver, the issuing unit, the period of validity, etc.
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Article 11 The period of validity of the School Bus Permit shall be the same as the period of validity of the test passed by the motor vehicle but shall not exceed 1 year.
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The School Bus Permit shall not be altered, forged, transferred or used for other motor vehicles.
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Article 12 Under any of the following circumstances, the permit holder shall apply to the original issuing authority to handle change procedures:
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(1) Addition or change of the school bus driver;
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(2) Addition or change of the school or kindergarten providing the service.
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Where the change conditions are met, the issuing authority shall handle change procedures immediately.
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Article 13 Where the school bus no longer carries students after the change in use, an application shall be made to cancel the School Bus Permit and the school bus patterns and signs.
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Article 14 The school bus patterns and signs shall not be used on other motor vehicles without the School Bus Permit.
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Chapter 3 School Bus Safety Management
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Article 15 The school bus owner shall implement the laws, regulations and rules on school bus safety management, and establish and improve the school bus safety responsibility system and safety examination system to ensure that the school bus and its driver meet the operating requirements.
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Carrier's liability insurance shall be purchased for the school bus.
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The school bus driver shall abide by the provisions of the laws, regulations and rules on road traffic safety and drive safely in a civilized manner according to the operating norms.
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Article 16 The school bus owner shall do the school bus safety maintenance work according to the following provisions and establish machine accounts:
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(1) Level-two maintenance shall be provided for the school bus with more than 20 seats every 3 months;
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(2) Level-two maintenance shall be provided for the school bus with less than 19 seats every 6 months.
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Article 17 The school bus shall be equipped with emergency rescue devices such as fire extinguishers.
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Article 18 The maximum number of students carried by the school bus shall be the approved number of passengers on the motor vehicle driving license. Overloading is strictly prohibited.
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Article 19 The school bus carrying students may travel on the special bus lane and passengers may get onto and get down from the school bus at the bus stop. When the school bus turns around, turns a corner or stops, other vehicles shall give way.
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Article 20 The school or kindergarten that rents the school bus shall sign a lease contract with the school bus owner. The lease contract shall contain specific terms on safety responsibilities.
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Article 21 Schools and kindergartens shall establish files on the use of school buses and submit them to the administrative department of education.
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Article 22 Before the school bus carrying students begins to travel, the school or kindergarten shall designate special persons to examine the school bus. Under any of the following circumstances, the school bus shall be prohibited from traveling:
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(1) The number of students carried exceeds the approved number of passengers;
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(2) The driver is not the one designated in the School Bus Permit;
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(3) The driver is drunk;
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(4) Other circumstances where driving safety is clearly affected.
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Chapter 4 Legal Liabilities
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Article 23 Where the applicant obtains the School Bus Permit through unfair means such as deception and bribery, the traffic control department of the bureau of public security shall cancel the School Bus Permit and the applicant shall not apply again in 3 years.
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Article 24 Where the carrying activities provided in Article 2 of these Measures are conducted without the School Bus Permit in violation of the provisions of these Measures, the traffic control department of the bureau of public security shall seize the motor vehicle and impose a fine of RMB 10,000 on the school, kindergarten and rental school bus owner.
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Article 25 Where the holder of the School Bus Permit fails to handle change procedures according to the provisions, the traffic control department of the bureau of public security shall order correction within a time limit and impose a fine of RMB 200; where the driver is not the driver contained in the School Bus Permit, the traffic control department of the bureau of public security shall seize the motor vehicle.
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Article 26 Where the school bus carrying no students travels on the special bus lane or passengers get onto and get down from the school bus carrying no students at the bus stop, the traffic control department of the bureau of public security shall impose a fine of RMB 200.
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Article 27 Where the traffic control department of the bureau of public security discovers other violations of the Law of the People’s Republic of China on Road Traffic Safety by school buses, it shall order correction immediately and impose penalties according to the law.
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Article 28 Where the traffic control department of the bureau of public security seizes the school bus according to the law when investigating and dealing with illegal activities, it shall notify the relevant schools, kindergartens and the school bus owner and help transfer students; after illegal activities are stopped, it shall return the motor vehicle seized immediately.
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Article 29 Where carrier's liability insurance is not purchased for the school bus, the traffic control department of the bureau of public security shall order insurance within a time limit; in case of refusal to purchase the insurance, the School Bus Permit shall be revoked.
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Article 30 Where the school bus owner fails to maintain the school bus which is a motor vehicle for operation according to the provisions, the administrative department of traffic control shall order correction and impose a fine of RMB 5,000; where the school bus is a motor vehicle not for operation, the traffic control department of the bureau of public security shall order correction and impose a fine of RMB 5,000.
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Article 31 Where the school or kindergarten fails to submit the files on the use of school buses to the administrative department of education or fails to examine the school buses according to the provisions, the administrative department of education shall give warnings and order correction within a time limit; in case of refusal to make corrections, a notice of criticism shall be circulated and the headmaster of the government-operated school or the head of the government-operated kindergarten shall be given administrative punishments.
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Article 32 Where the school or kindergarten uses a motor vehicle without the School Bus Permit to carry students, the administrative department of education shall give administrative punishments to the headmaster of the government-operated school or the head of the government-operated kindergarten and other responsible persons; the operator of the private school or kindergarten or jointly-operated school or kindergarten and the persons responsible for safety or other directly responsible persons shall not be engaged in the management affairs of the school or kindergarten in 2 years.
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Article 33 Where the school or kindergarten fails to perform the duties of school bus safety management and protection according to the provisions, causing a serious fatal accident, the administrative department of education shall remove the headmaster of the government-operated school or the head of the government-operated kindergarten and other responsible persons from their posts and public office; the operator of the private school or kindergarten or jointly-operated school or kindergarten and the persons responsible for safety or other directly responsible persons shall not be engaged in the management affairs of the school or kindergarten in 5 years; if a crime is constituted, they shall be held accountable for criminal liabilities according to the law.
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Article 34 Where the traffic control department of the bureau of public security discovered a school or kindergarten operated without authorization when handling the School Bus Permit and carrying out road traffic safety management, it shall report to the administrative department of education in time; the administrative department of education shall order the school or kindergarten operated without authorization to make corrections within a time limit or order suspension of school operation according to the law.
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Article 35 Where the department responsible for school bus safety supervision and management fails to perform or fails to completely perform the safety management duties, administrative punishments shall be given to the person in charge of the department and responsible persons according to the law.
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Article 36 Where the department and staff responsible for school bus safety supervision and management abuse their power, practice favoritism and neglect their duties, they shall be given administrative punishments according to the law; if a crime is constituted, they shall be held accountable for criminal liabilities according to the law.
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Article 37 If the parties concerned have objections to the decision on administrative penalties made by the relevant departments, they may apply for administrative review or file an administrative lawsuit according to the law. If the parties concerned neither apply for administrative review within the time limit or file an administrative lawsuit at a people’s court nor implement the decision on administrative penalties, the relevant departments shall apply to a people’s court for compulsory enforcement according to the law.
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Chapter 5 Supplementary Provisions
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Article 38 These Measures and the relevant provisions are applicable to the use of school buses by schools in other places to carry students to and from school in the city.
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| Article 39 These Measures shall be implemented as of June 1, 2006. |
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