92002E3744

WRITTEN QUESTION E-3744/02

by Proinsias De Rossa (PSE) to the Commission

(20 December 2002)

Subject: Seat belts on school buses

In a reply to Written Question E-2901/94(1) concerning seat belts in school buses, the Commission said that it had no plans at that point to propose legislation making the wearing of seat-belts mandatory on school buses on the grounds that such a law would be premature until a significant number of school buses are actually fitted with seat belts.

In view of the adoption and entry into force since then of Directives 96/36/EC(2), 96/37/EC(3) and 96/38/EC(4) which lay down a European standard for the fitting of safety belts to all seats of new coaches and minibuses built after October 1999, could the Commission indicate if it has now altered its position as set out in the reply to E-2901/94 and if so, when will it be coming forward with such a proposal and what elements will it contain and, if it has not altered its stance, could it indicate why?

(1) OJ C 139, 5.6.1995, p. 46.

(2) OJ L 178, 17.7.1996, p. 15.

(3) OJ L 186, 25.7.1996, p. 28.

(4) OJ L 187, 26.7.1996, p. 95.

Answer given by Mrs de Palacio on behalf of the Commission

(14 February 2003)

Commission Directives 96/36/EC of 17 June 1996 adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles, 96/37/EC of 17 June 1996 adapting to technical progress Council Directive 74/408/EEC relating to the interior fittings of motor vehicles (strength of seats and of their anchorages), and 96/38/EC of 17 June 1996 adapting to technical progress Council Directive 76/115/EEC relating to anchorages for motor vehicle safety belts lay down European standards for installation of safety belts, their anchorages and compatible seats on all motor vehicles. The Directives came into force on 1 October 1999 for all new coaches over 3,5 tonnes and for minibuses on 1 October 2001.

It should however be noted that, at present, Directives 96/36/EC to 38 are optional for vehicles other than passenger cars i.e. Member States may choose to oblige new coaches and minibuses registered on their territory to meet the standards laid down in the Directives or to maintain their national legislations. The Commission will propose early in 2003 to make the installation of safety belts in buses and coaches mandatory from 2004. Nonetheless, many reputable coach and minibus operators are already opting to fit safety belts on new coaches.

However the effectiveness of safety belts is entirely conditional on their being used. It is therefore reasonable that passengers on coaches and minibuses that are fitted with safety belts should be required to wear them when they are seated. This is the reason why the Commission made a proposal requiring that all motor vehicle users shall wear safety belts if they are provided. (Proposal for a Directive of the Parliament and of the Council amending Council Directive 91/671/EEC on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes(1)). The Council has reached a common position on this proposal and a second reading in the Parliament is foreseen for March 2003.

The Commission will investigate in 2003 any necessary supplementary actions to securing school transport such as the mandatory use of vehicles equipped with seat belts, the signing of the vehicles as well as specific requirements for the drivers.

(1) OJ C 96 E, 27.3.2001.