KEY POINTS:
Another 5-year old pupil was killed recently getting off a school bus. Who protects our children when they are in this situation? The answer is no one.
This country's legislation is inadequate to safeguard the plight of these children. This is in contrast to the protection ensured under the laws of the United States.
Our laws fail to take into account the fact that very young school children are unpredictable in what may be a stressful situation for them or when they are distracted by seeing a parent on the opposite side of the road.
Whenever a child is killed under these circumstances the grief and loss to family and friends is immeasurable, as well as to those who may bear the blame. These fatalities recur at irregular intervals, yet in almost all cases death could have been prevented.
Our present legislation seems to favour the motorist involved in the fatality because they are allowed to pass a stationary school bus. Few observers are able to reliably assess the speed of passing vehicles.
Sometimes the motorist may not be at fault and sometimes it may be relatively easy, in the bus driver's defence, to suggest that the bus had begun to move, in which case the bus driver is absolved from liability.
However, the major obstacle to change seems to be the failure by those with the legal and political clout to act in this matter. It is not easy to identify who these people might be, whether police, judges, legislators, the coroner or those concerned with the rights of children.
In spite of the most dedicated action by parents, schools and traffic instruction carefully instilled into classes, young school children remain unprotected. This has been the situation for the past 50 years.
Legislation is mandatory to safeguard their future.
Schoolchildren, their caregivers and the motorist, should follow a set of simple rules.
No motorist, under any circumstances should be allowed to pass a stationary school bus. Children alighting at the bus stop would then only cross the road under the protection of a flashing light of a distinctive hue, say a puce colour, attached to the bus. The flashing light would remain activated while the bus driver has the door open. These buses would display "school bus" at the front and back.
Ambulances, police and fire engines in emergencies would be dealt with under the present conditions that apply when they are proceeding through a red light at an intersection. Emergency vehicles would sound a siren so the bus driver could delay the opening of the bus door.
This issue needs to be taken up by an interest group with the ability to pursue it to the seats of power.
* Dr Ken Mickleson is a paediatrician.
