Safety on Learner Transport (Wales) Measure 2011

The Safety on Learner Transport (Wales) Measure 2011 (‘the 2011 Measure’) makes amendments to the earlier Learner Travel (Wales) Measure 2008. These amendments were to achieve the Welsh Government’s objective of improving the safety image and travel experiences of dedicated school transport and to ensure that safety standards are sufficiently high for the public and parents to have confidence in dedicated learner transport.

The 2011 Measure provides the Welsh Ministers with powers (in the 2008 Measure) to make regulations to place duties on local authorities or a governing body of a maintained school to:

fit appropriate seat belts;
use only single deck vehicles;
use buses manufactured after a certain date;
fit CCTV cameras on buses;
use vehicles which meet the “yellow buses” specification;
provide the relevant standards of driver training;
carry out safety risk assessments;
provide staff to supervise school buses; and
provide specifications in relation to taxis and private hire vehicles.

To ensure compliance with these duties, the 2011 Measure amendments also enables the Welsh Ministers to:

create criminal offences for breaches of the safety regulations by providers of learner transport who fail to meet the prescribed requirements;
create a civil sanctions regime for breaches of the safety regulations by providers of learner transport who fail to meet the prescribed requirements;
establish an enforcement body to enforce regulations; and
establish a tribunal for appeals.

The Explanatory Notes to the Measure provide detailed commentary on the various provisions.

Coming into force

Section 1 of the 2011 Measure came into force on 1 October 2014 in accordance with section 16(1).

The remaining provisions of the Measure came into force at the end of the two-month period following Royal Approval (in other words on 10 July 2011).

Subordinate legislation made under the Measure

No subordinate legislation has been made under the 2011 Measure; the powers to make subordinate legislation were inserted into the 2008 Measure.

Consideration of the legislation by the Senedd

The Measure was introduced on 20 September 2010 by Ieuan Wyn Jones AM, Deputy First Minister and Minister for the Economy and Transport at the time. The Measure was passed by Senedd Cymru (known then as the National Assembly for Wales) on 22 March 2011.

More information about the Measure is available on the Senedd website including a record of the passage of the Measure through the Senedd and the Explanatory Memorandum which was prepared by the Welsh Government (at introduction).

The Measure received Royal Approval on 10 May 2011.