Buses – Owned, Hired or Chartered by a School

Policy

This policy sets out the requirements for schools who purchase or hire buses, operate buses, or charter bus services.

Summary

• A bus is any motor vehicle built with seating positions for 10 or more adults (including the driver).
• School councils should seek advice from the Student Transport Unit and obtain approval from their regional director prior to purchasing or hiring a bus, or chartering a bus service.
• Schools who own or hire a bus where the driver is a school staff member must be accredited to operate a bus service (exemptions apply).
• Schools who charter a bus service, including driver, from a private bus operator must ensure the chartered bus operator is accredited.
• Schools who own, hire or charter a bus must ensure the bus services provided to students at their school are managed in accordance with this policy and guidance.
• The requirements for schools in relation to other vehicles are covered in: Vehicles (Excluding Buses) – Owned or Hired by a School.

Details

The Bus Safety Act 2009 (Vic) defines a bus as a motor vehicle that has been built with seating positions for 10 or more adults (including the driver). Schools who own or hire a bus where the driver is a school staff member are considered to operate a bus service. The Bus Safety Act (2009) requires all bus service operators, including schools, to obtain accreditation before transporting any passengers (some exemptions apply – see below).

This policy outlines how schools can purchase or hire a bus and obtain accreditation to operate a bus service. Schools seeking to charter a bus service from an accredited bus operator can navigate directly to the School chartered bus services chapter of the Guidance tab.

Purchasing or hiring a bus

The decision to purchase or hire a bus must be approved by the school council. Before approving any decision, the school council must:

• confirm that the school has sought advice from the department’s Student Transport Unit on alternative transportation options
• obtain the written approval from their regional director
• ensure that the decision complies with the Procurement Policy for schools
• confirm the school is able to meet all costs associated with the decision, including ongoing maintenance costs where applicable
• confirm that student resource package funds are being used appropriately (refer to the Use of student resource package funding chapter of the Guidance tab for more information).

Bus accreditation

School councils must obtain accreditation from Safe Transport Victoria before using school owned or hired buses to transport students. Accreditation ensures that bus service operators, including schools, maintain a culture of bus safety and continuous improvement, and meet the relevant regulatory requirements.

Refer to the Application process for bus accreditation chapter of the Guidance tab for details on the steps to take.

Exemption from accreditation

A school may be exempt from accreditation if they hire buses from time to time from an operator and the school provides the driver (e.g. one of the teachers).

For example, an exemption may apply where a school hires a bus a few times a year for school excursions and camps and it is driven by a member of school staff. In this instance, the company used to hire the bus is responsible for maintenance and repairs, and the school would still have safety and duty of care responsibilities under the Bus Safety Act 2009.

Schools that own a bus do not qualify for an exemption from accreditation even if they only use the bus from time to time.

Schools should contact Safe Transport Victoria to confirm if they qualify for an exemption.

Requirements before applying for accreditation

After purchasing or hiring a bus, school councils must undertake the following actions before applying for accreditation to operate a bus service:

• ensure the vehicle is maintained in a roadworthy state and registered with VicRoads
• insure the vehicle with the Victorian Managed Insurance Agency (VMIA) – for more information about insurance refer to Insurance for Schools.

Additionally, considering the use and maintenance of school buses is primarily the responsibility of the school principal, the school council should delegate authority for accreditation compliance to the school principal. This can be achieved through a minuted action at a school council meeting, with bus safety added as a standing agenda item for discussion.

Maintenance management systems and management information systems

As part of the application for accreditation, Safe Transport Victoria requires schools to develop their own maintenance management system (MMS) and management information system (MIS) based on their own operating conditions, risks, incident history and determined safety objectives. The MMS and MIS are unique procedures that set out the maintenance and administrative activities a school must undertake as an accredited bus operator.

The purpose of an MMS is to ensure, so far as is reasonably practicable, that each bus operated by an accredited school is safe and roadworthy whenever it is carrying passengers.

The purpose of an MIS is to ensure accredited schools have a method to produce, maintain and control documents and bus safety records relevant to the safe management of bus operations to ensure ongoing accuracy of data and currency of information.

Once accredited, schools are required to follow the activities listed in their MMS and MIS in order to maintain their accreditation status. Refer to the Maintenance management system and Management information system chapters of the Guidance tab for detailed guidance on how to develop an MMS and MIS.

Other requirements and considerations for accredited school bus services

Audit

In the event that a school is audited by Safe Transport Victoria, please contact the Student Transport Unit for advice.

Child restraints

Schools should ensure vehicles they own, hire, or charter that seat 10 or more adults including the driver have seat belts for all passengers. VicRoads recommends that booster seats or child restraints be used for children under 7 years of age where possible. Visit VicRoads' Child restraints page for more information.

Risk management

The Bus Safety Act requires an operator of a bus service, or a procurer of a bus service to, so far as is reasonably practicable, ensure the safe operation of the bus service.

Accordingly, school councils owning, hiring or chartering a bus must use the department’s risk management process when assessing the risks for bus safety.

This requires schools and school councils to have a bus risk register and to complete the register for each vehicle in use by the school – refer to the registered bus operator risk register template on the Resources tab.

Schools must not allow students to drive school vehicles, including buses, under any circumstances.

Emergency management and incident reporting

Schools must comply with the department’s Emergency and Critical Incident Management Planning Policy and ensure that their Emergency Management Plan (via the online EMP Portal) incorporates emergency procedures for the use of a school owned, leased or chartered bus.

All incidents must be reported in eduSafe Plus as described in the Managing and Reporting School Incidents (including emergencies) Policy. If the bus is owned or hired by the school, the incident must also be reported to Bus Safety Victoria: Report a bus incident.

Records management

Schools are required to maintain all records related to the operation and maintenance of their buses in line with the department’s record management procedures. In addition to the records listed in this policy and guidance, Safe Transport Victoria requires schools to maintain records of the below items:

• the name, address and driver licence number of each person who drives a bus operated by the accredited bus operator
• any document produced as part of the annual audit of bus service operations
• evidence of annual bus inspections
• a fleet register of all the buses that the school operates; Accredited bus operator summary (DOCX).

Definitions

School owned bus
A bus that is procured using school funds and as such, is an asset of the school.

School hired bus
A hire (or lease) arrangement between a bus supplier and the school so that the school acts as the bus operator (the school provides the bus service). For example, a school hires a bus so that the school can use the bus to transport students and the school provides the driver of the bus. The hired or leased bus is commonly garaged at the school.

School chartered bus
A bus service that is chartered/hired by the school from a private bus operator where the bus operator provides the bus service (bus and driver). For example, a bus service may be chartered for an excursion, sports event or camp.

Management information system (MIS)
A method of producing, maintaining and controlling documents and bus safety records relevant to the safe management of bus operations to ensure ongoing accuracy of data and currency of information required for accreditation compliance.

Maintenance management system (MMS)
A system for ensuring that so far as is reasonably practicable, each bus operated by an accredited bus operator is safe and roadworthy whenever it is carrying passengers.

Licensed bus tester
A person who holds a tester’s licence under Chapter 6 of the Road Safety (Vehicles) Regulations 2009. More information about a licensed bus tester and how to locate a licensed bus tester can be found on the Safe Transport Victoria website.

Student Transport Unit
The Student Transport Unit (STU), located within Financial Services Division, Finance, Policy and Infrastructure Services, is responsible for the School Bus Program, Students with Disabilities Transport Program, Conveyance Allowance Program and is the owner of this policy.

Safe Transport Victoria
Safe Transport Victoria (STV) (previously Transport Safety Victoria), is the statutory regulator managing safety, compliance, accreditation and registration for commercial passenger vehicles, buses and the marine sector.

Bus Safety Victoria
Bus Safety Victoria (BSV) is a branch of STV and is responsible for bus accreditation, regulation and investigation and risk management. BSV can provide information about bus operator accreditation, the application process and your obligations as an accredited bus operator or procurer of a bus service.

VicRoads
VicRoads is the Victorian road and traffic authority responsible for the arterial road network and driver licensing and vehicle registration.

Related policies

• Emergency and Critical Incident Management Planning
• Finance Manual – Financial Management for Schools
• Insurance for Schools
• Managing and Reporting School Incidents (including emergencies)
• Risk Management – Schools
• Vehicles (excluding buses) – Owned or Hired by a School
• Work-Related Driving

Relevant legislation

• Bus Safety Act 2009 (Vic)
• Bus Safety Regulations 2020 (Vic)
• Heavy Vehicle National Law Application Act 2013 (Vic)
• Worker Screening Act 2020 (Vic)

Contacts

Student Transport Unit

03 7022 2247

student.transport@education.vic.gov.au

Safe Transport Victoria/Bus Safety Victoria

1800 223 022

information@transportsafety.vic.gov.au

This guidance contains the following chapters:

• Application process for bus accreditation
• Maintenance management system
• Management information system
• School chartered bus services
• Use of student resource package funding to purchase, hire or charter a school bus

Application process for bus accreditation

Schools seeking to operate a bus service must by accredited by Safe Transport Victoria. Schools can obtain accreditation by completing the following application process.

Step 1 – complete the application form

Schools must download and complete the Application for bus operator accreditation form (DOCX).

Note: The school council is the accredited operator and the principal is the relevant person and responsible person.

An example of a completed application form (DOCX), excluding the supporting documents, is provided on the Resources tab.

Step 2 – gather supporting documentation

Schools must gather completed copies of the following documents comprising the MIS (refer to the Management information system chapter for guidance on developing an MIS):

• Bus safety policy (DOCX)
• Accredited bus operator summary template (DOCX)
• Governance and internal control arrangement template (DOCX)
• Position descriptions (DOCX)
• Bus risk register (DOC) (staff login required)
• Emergency Management Plan

Schools must gather completed copies of the following documents comprising the MMS (refer to the Maintenance management system chapter for guidance on developing an MMS):

• MMS policy and procedure (DOCX)
• Accountabilities and authorities register (DOCX)
• Training register (DOCX)
• Driver qualifications and training record (DOCX)
• Maintenance register (DOCX)
• Pre-trip inspection checklist and record (DOCX)
• Defect and clearance report form (DOCX)
• Bus safety internal audit report (DOCX)
• Roadworthy certificate/s for each bus to be operated by the school
• Copy of the COVID-19 Safety Management Plan (DOCX) for schools
• School principal: an original national police check certificate
• School principal: a copy of one primary ID document (for example, Australian driver’s licence) certified as a true copy or 2 secondary ID documents (for example, Australian birth certificate and utility bill) certified as true copies
• A printed extract from the Australian Business Register of the school council’s ABN (search by school name)
• A list of the names of all members of the school council at the date of the application

For assistance in completing the application, please contact Safe Transport Victoria on phone: 1800 223 022 or email: information@safetransport.vic.gov.au

Step 3 – submit application form and supporting documentation

Schools can submit their completed application and supporting documentation via email or post to Safe Transport Victoria (email and address information are on the application form (DOCX)).

Payment of the accreditation fee (an invoice will be sent to the school) will be required once Safe Transport Victoria has received all documents required to proceed with their assessment.

Step 4 – outcome of application

Schools should be notified of the outcome of their application within 3 months, though Safe Transport Victoria may extend the determination if necessary.

Schools wishing to contest the outcome of their application should speak to the Student Transport Unit for further advice.

Step 5 – obtain accredited bus number plates

If approved, schools are required to take their certificate of accreditation to their local VicRoads office for the issue of accredited bus number plates. Refer to the Accredited number plates guidance provided by Safe Transport Victoria.

Step 6 – display the accreditation number on the bus

Refer to the Signage accreditation number guidance provided by Safe Transport Victoria.

Step 7 – maintaining accreditation status

Schools are required to follow all actions specified in their MIS and MMS at the frequency specified in those documents. Refer to the Maintenance management system and Management information system chapters of the Guidance tab for more information.

Maintenance management system

The purpose of the maintenance management system (MMS) is to ensure that the bus is serviced and maintained in a safe and roadworthy condition.

The components of an MMS (from Safe Transport Victoria) are:

• maintenance
• bus safety and inspections:
  • pre-trip inspections
  • vehicle safety inspections
  • annual bus safety inspections
• defect reporting and clearance.

This guidance chapter outlines how schools are to address the components of an MMS. Templates are provided to support schools to meet these requirements. For more detailed guidance, refer to Safe Transport Victoria.

MMS policy and procedure

Schools must prepare an MMS policy and procedure. A department template (DOCX) is provided to assist schools in meeting this requirement. The MMS policy and procedure outlines the processes for completing each type of inspection and the service and maintenance intervals of the buses. Schools must also retain documentation regarding how, when and what was serviced, maintained or rectified. These components of the MMS policy and procedure are outlined below.

Maintenance requirements

Schools must maintain a maintenance service schedule that is suitable for the age, make and model of all the buses in their fleet.

Schools are encouraged to use the manufacturer’s service schedule if it is available. Schools may use the department’s Maintenance register (DOCX) if the manufacturers schedule is not available.

Bus safety and inspections

Schools must ensure they keep:

• a record of school bus driver qualifications and safety training (DOCX)
• a training register (DOCX) to record any training undertaken by school staff in relation to bus maintenance and safety.

Schools must ensure that each bus undergoes a vehicle safety inspection (VSI) every 3 months and annually unless the bus meets the criteria for an annual safety inspection as per below.

• A VSI can be substituted by an annual safety inspection (ASI) if the bus travels:
  • less than 20,000 km a year for a bus that is less than 5 years old
  • less than 10,000 km for a bus that is 5 years old or more, or for any bus that has already travelled 500,000 km or more.
• The age of a bus can be determined in the following manner:
  • for an Australian manufactured new bus: the date of registration of body or chassis, whichever is earlier
  • for an Australian manufactured pre-owned bus: the date of first registration of body or chassis, whichever is earlier
  • for an imported new bus: the date of registration of body or chassis, or Australian compliance plate, whichever is earlier
  • for an imported pre-owned bus: the date of manufacture of body or chassis, whichever is earlier.
• A VSI must be conducted by a qualified motor mechanic or equivalent.
• The date of the first ASI is the ‘anniversary date’ for each bus – annual inspections must occur within 14 days either side of each bus’s anniversary date.
• Annual bus safety inspections may only be undertaken by a licensed bus tester.

Safe Transport Victoria has developed examples of how a school bus operator can substitute a VSI with an ASI (DOCX) and the qualifications required to conduct a VSI or ASI.

Pre-trip inspections

Schools must ensure that an inspection of the bus is completed prior to the first passenger carrying trip on each operating day and maintain a record of the inspection, including the date, bus details and result of the inspection. Schools may use the department’s Pre-trip inspection checklist and record (DOCX) for this purpose. This checklist may be modified to suit school circumstance.

If any defects are identified, schools must not use the bus. Refer to the ‘defect reporting’ section for further information.

Defect reporting

Schools must maintain a defect and clearance report for owned and hired buses which records the defect and the steps taken to address it. Schools may use the department’s Defect and clearance report template (DOCX) to assist in meeting this requirement.

Schools must ensure a bus is not used until defects are repaired.

Management information system

The purpose of the management information system (MIS) is to document the systems that schools have in place for managing information about the operation of their buses.

An MIS must have up-to-date documents that reflect the school’s bus operating conditions, risks, incident history and safety objectives.

The components of an MIS (from Safe Transport Victoria) are:

• bus safety policy
• governance and internal controls
• roles and responsibilities
• emergency management, hazard, risk and change management
• internal audit.

This guidance chapter outlines how schools are to address the components of an MMS. Templates are provided to support schools to meet these requirements. The consolidated MIS template (DOCX) (which combines all the separate components of an MIS) can be used by schools when applying for accreditation. For more detailed guidance, refer to Safe Transport Victoria.

Roles and responsibilities

Schools must maintain a fleet register that provides information about the bus service they operate.

Schools must use a qualified mechanic for bus maintenance and repairs. Schools must document the accountabilities and authorities for all persons involved with the maintenance and repair of buses using the Accountabilities and authorities register (DOCX).

Schools must document how they will manage risk and how they will maintain control and oversight to ensure they are providing a safe bus service. Schools may use the Governance and internal controls template (DOCX) to assist in meeting this requirement.

The position holder for each relevant job description must sign/accept their role and responsibilities as outlined in the department’s Position descriptions template (DOCX) to signify they have read and understood their bus safety obligations. The signed bus safety related job descriptions must be saved on file by the school.

The school council, as the accredited bus operator, should nominate the principal as the ‘responsible person’ who can provide information and assume responsibility of the day-to-day operations and compliance of the bus service

The principal may delegate tasks to others who are trained and competent to undertake the delegated activities.

Emergency management, hazard, risk and change management

Schools must review their existing arrangements for emergency management and hazard, risk and change management to ensure they contain reference to ‘bus safety’ activities

The department’s Registered bus operator risk register template (DOC) (staff login required) must be completed by all schools that provide a school-managed bus service.

Schools should seek advice from their regional emergency management representatives for advice on appropriate emergency response plans.

Communication of bus safety requirements and culture

Schools must document their Bus Safety Policy (DOCX) which must include a commitment to safety and to the continuous improvement in all aspects of bus safety management and be signed by the school principal as the responsible person.

The Bus Safety Policy must identify how safety information is communicated to persons performing bus safety work for their buses and that bus safety workers can advise the school about safety issues.

Schools can use the following strategies to communicate safety information:

• ensure that the Bus Safety Policy is readily accessible to persons acting for or on behalf of the school/school council
• circulate safety bulletins to all staff involved in bus safety when particular bus safety issues are identified
• use electronic media, such as emails and the school noticeboard, to disseminate bus safety information such as safety training sessions and how to report bus incidents.

Governance and internal control arrangements

Schools operating bus services must have appropriate governance arrangements in place. Schools are strongly encouraged to complete the Governance and internal control arrangements template (DOCX), which contains strategies for schools to implement appropriate governance and internal controls for their local context.

Internal audit

Schools must undertake an annual internal audit of the MIS to identify any deficiencies in the system and to rectify those deficiencies.

Schools may use the department’s Bus safety audit report template (DOCX) to assist in meeting this requirement and also refer to Procedure 6 Monitor and review work-related driving safety of the department’s Work-Related Driving Policy.

Schools must maintain a copy of the audit report on file.

Bus driver requirements for school-operated bus services

Schools are responsible for ensuring school-operated bus services are appropriately staffed. This means ensuring that staff who are required to operate school owned or hired buses (school bus drivers) meet the appropriate licensing requirements and follow the department’s procedure for work related driving. These requirements are outlined below.

Licensing and driver accreditation requirements

VicRoads is responsible for the licensing of drivers in Victoria and providing advice on the types of licenses required to drive a variety of vehicles including buses used for school excursions and other events.

For further information visit VicRoads' License categories page.

Work-related driving procedure for school-operated bus services

School staff who drive school owned or hired buses are required to follow the Work-Related Driving Policy and Procedure.

School chartered bus services

A chartered bus service is a private contractual arrangement between a school council and a bus operator where the school council is the procurer of the bus service from the bus operator for the purpose of transport services for the school (for example, transporting students to/from school, for sporting events, camps, excursions and so on).

The decision to charter a bus service must be approved by the school council.

Before approving and procuring a bus service, the school and school council must:

• ensure the bus service is accredited
• ensure that the procurement decision complies with the Procurement Policy for schools, including Working with Children Clearances for bus drivers
• confirm that, where applicable, student resource package funds are being used appropriately (refer to the Use of student resource package funding chapter of the Guidance tab for more information).
• ensure, so far as is reasonably practicable, the service will be operated safely.

To ensure the chartered bus service is safe and compliant, school councils must seek confirmation from chartered bus operators that their bus and driver meet all accreditation, licensing and insurance requirements by requesting from the bus operator copies of their certificate of accreditation and certificates of currency.

Where a bus operator is not able to provide copies of their certificate of accreditation, certificates of currency, or evidence the bus staff are licensed, the operator should not be engaged by the school.

Use of student resource package funding to purchase, hire or charter a school bus

Student Resource Package (SRP) funds must not be used for the following procurement activities:

• long-term lease/hire/charter (12 months or more) of a bus (a vehicle with 10 seats or more including the driver) for regular passenger activities (daily morning and afternoon services)
• purchase of a bus (a vehicle with 10 seats or more including the driver) for the primary purpose of regular passenger activities (daily morning and afternoon services).

In exceptional cases, SRP funds may be used for the above activities. For example:

• the bus is used to transport students on a regular basis for a government-funded OSHC program
• no alternative public transport is available to transport students to/from school where they reside within the school zone. Note that SRP funded buses must not be used to transport students to/from school where they reside outside of the school’s enrolment zone.

School councils must seek specific regional director for the use of SRP in such exceptional cases, and the bus must only be used for its documented/approved purpose.

Resources

Safe Transport Victoria

Safe Transport Victoria (STV) is the first point of contact for schools in relation to bus accreditation. STV has guidance sheets for schools on their dedicated School buses webpage.

Applying for accreditation

Safe Transport Victoria has following information on their School buses webpage for schools applying for accreditation:

• Bus Operator Accreditation application form (DOCX)
• Example of a completed Bus Operator Accreditation application form (DOCX) (excluding supporting documents)

Use the department’s accreditation checklist (DOCX) to ensure you have completed all the necessary components.

Management information system

Safe Transport Victoria has the following guidance on their School buses webpage for schools that operate their own bus/buses to understand what is required for a compliant management information system (MIS):

• Management Information Systems Guidance – overview of the MIS components.
• Safety Policy Guidance
• Governance and Internal Controls Guidance
• Accountabilities and Authorities Guidance
• Bus Safety Worker Guidance
• Bus Safety Duties Guidance
• Alcohol and Drug Management Guidance
• Fire Extinguisher Requirements Guidance – the required number of fire extinguishers on a bus
• Devices for School Buses Guidance – complying with the requirements for bus warning lights and signs
• Accredited Number Plates Guidance – how to obtain accredited number plates for the bus
• Signage Accreditation Number Guidance – where to display the accreditation number on the bus
• Risk Register Guidance – using a risk register to manage bus safety risks
• Emergency Management Plan Guidance – what should be included in a school’s Emergency Management Plan for school buses
• Information Management Guidance – how schools must have a system to record and retain the documents required for accreditation
• Incident Reporting Guidance – how to report bus incidents to STV. Schools must also report incidents through eduSafe
  • STV online form for category 1 and 2 incidents (DOCX)
  • STV category 3 incident form (DOCX)

The department has produced the following templates to assist schools in developing their MIS:

• Management Information System template (DOCX) – a consolidated document comprising all components of the MIS. It can be used by schools when applying for accreditation
• Bus safety policy template (DOCX) – can be used by schools as the basis for a Bus Safety Policy
• Governance and internal control arrangement template (DOCX) – can be used to record how the school will manage risk and maintain control and oversight of the bus service
• Position descriptions template (DOCX) – outlines the roles and responsibilities of all school staff involved in bus safety related activities
• Registered bus operator risk register template (with examples) (DOC) (staff login required) – should be updated to suit the school’s specific context
• Accredited bus operator summary/fleet register template (DOCX) – can be used to record the size/complexity of the school’s bus operations

Maintenance management system

Safe Transport Victoria has the following guidance on their School buses webpage for schools that operate their own bus/buses to understand what is required for a compliant maintenance management system (MMS):

• Maintenance Management Systems Guidance – information about documenting the servicing and maintenance of buses
• Bus Safety Inspections Guidance – summary of the bus inspections required to remain compliant
• Pre-trip Inspection Guidance – what safety checks a school must complete before a bus trip
• Defect Identification and Clearance Guidance
• Vehicle Safety Inspection VSI Guidance
• Internal Audit Guidance

The department has produced the following templates to assist schools in developing their MMS:

• MMS policy and procedure template (DOCX)
• Accountabilities and authorities register (DOCX) – can be used to record the individuals or organisations responsible for activities required to be undertaken by accredited bus operators
• Driver qualifications and training record (DOCX) – can be used to record the qualifications and training of persons driving the school bus
• Training register (DOCX) – can be used to record the training undertaken by school staff in relation to bus maintenance and safety
• Maintenance register (DOCX) – can be used to record the maintenance program for the bus/buses
• Pre-trip inspection checklist and record (DOCX)
• Defect clearance report form (DOCX) – used to report any defects found in the pre-trip inspection and how they were resolved
• Bus safety audit report template (DOCX) – can be used for the annual bus safety audit