DRIVING THE INDUSTRY SINCE 1991 Attorney Ben Winig of the nonpartisan
ChangeLab Solutions discussed liability and risk in the context of crossing guard programs. In many communities, volunteer-run programs make the most sense, he said, and people are more likely to volunteer if they know that there’s some special legal protection available to them. Winig then introduced the Federal Volunteer Protection Act, which offers some protection to people who volunteer for school districts as well as certain other entities. “Of course, like many legal doctrines, there
are exceptions to this general rule. No protec- tion is available, for example, if someone acts criminally,” he explained. Winig noted that in some states, schools
can’t be held liable for the negligence of their volunteer crossing guards per state statute, but as with the Federal Volunteer Protection Act, there are some exceptions to this rule as well. “When you’re structuring a crossing-guard
program, you have to anticipate future problems including absences, and have subs in place,” he said. “Make sure crossing guards are on time ... Also, make sure they are trained. Doing these three things will definitely reduce your exposure to legal action and liability.”
ASSOCIATIONS POST MOTORCOACH SAFETY RESOURCES ON WEBSITES
N Espar_Act_half_Dec12_Layout 1 12/18/12 1:33 PM Page 1
APT and NASDPTS posted several online resources recently discussed during a Bus Safety Roundtable sponsored by the Federal Motor Carrier Safety Administration. At
fmcsa.dot.gov/safety-security/saferbus/saferbus.aspx, napto-
nline.org and
nasdpts.org, users can download the agency’s Safer Bus Mobile App to an Android or iPhone to search for bus company safe- ty ratings by DOT number. Aside from being able to download the app, FMCSA’s “Look Before You Book” website provides educational
information and resources on charter trips, the Interstate Passenger Carrying Driver’s Guide to Hours of Service and FMCSA regional and state contacts. Derek Graham, the state director at the North Carolina Office of Public Instruc-
tion, represented NASDTPS at the roundtable event in Washington, D.C., and said U.S. Transportation Secretary Anthony Foxx outlined “the overall importance of student safety when traveling on motorcoaches.” Graham noted that the roundtable also discussed how schools and other organiza-
tions should make decisions on chartering a motorcoach for a trip, such as choosing a safe bus/company and finding a safe driver who has a current CDL and a valid DOT medical card. Te roundtable also provided the “Top 3 Tings to Know When Planning Your
Next Bus Trip” and a link to the FMCSA’s Facebook Bus Safety Hub, which NAPT also links to.
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