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| Quote ="AlfieMoon"There is far too much information missing from this to make a proper judgment.
We all agree that the girl should not have been on the luggage rack, but IMO the fact that she is 12 will rule out any hope of contributory negligence. Ellie Rose would be required to undertake a risk assessment and develop a safe system of work which should take into account that they are transporting school children, and the associated, foreseeable risk that children will skylark.
I have no idea about the condition of the window, but obviously the bus would need to undergo its required servicing and inspections. I dont think that the driver would be expected to check the intreguity of each individual window on a daily user check (more things like lights, indicators, brakes etc).
The Council/School also have a responsibilty to ensure the competence of their sub-contractors and not just to go for the cheapest option. If it is found that Ellie Rose did not have adequate systems in place, then I would think that the council/school could be considered to be at fault also.
It should also be noted that this is entirely a civil claim and that the HSE have had no involvement which I think they would have had if there had been serious H&S breaches.
IMO legally, the parents have every right to claim. Morally, I agree that they are showing their daughter that silly, foolish behaviour can be rewarded. A clear message to the daughter is more important than a quick payout.'"
All very valid points.
[url=http://www.thisishullandeastriding.co.uk/news/Boss-backing-driver-Catherine/article-1729202-detail/article.htmlWhat a load of garbage[/url
Using legislation for HGV drivers to potentially prosecute the drivers, ffs!
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| Quote ="Standee"All very valid points.
[url=http://www.thisishullandeastriding.co.uk/news/Boss-backing-driver-Catherine/article-1729202-detail/article.htmlWhat a load of garbage[/url
Using legislation for HGV drivers to potentially prosecute the drivers, ffs!'"
Simple answer
Bus driver will then refuse to let prams/wheelchairs unstable parcels on
Id even say they have every right to insist on seat belts.
oh and buses are self loading to id say it is the loaders responsibilty which is the person themselves, hope Ellie Rose launch a counter suit for defamation of business etc
Quote As a result of the incident, Ellie Rose Travel has withdrawn its service to Cottingham High School'"
i applaud them for that
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| Quote ="Standee"All very valid points.
[url=http://www.thisishullandeastriding.co.uk/news/Boss-backing-driver-Catherine/article-1729202-detail/article.htmlWhat a load of garbage[/url
Using legislation for HGV drivers to potentially prosecute the drivers, ffs!'"
Really?
More a case of yet more sloppy reporting:
The Road Traffic Act 1988 and the Public Passenger Vehicles Act 1981 (as amended by the Road Traffic Act 1991) provide the framework for most of the important provisions relating to the use of motor vehicles on roads in the United Kingdom. Section 40A of the 1988 Act states that a person is guilty of an offence if a danger or injury is caused to any person because of, for example, the manner in which passengers are carried or the load is secured in a vehicle. The Road Vehicles (Construction and Use) Regulations 1986 (C&U), as amended, govern the construction, equipment, maintenance and use of road vehicles. In addition, buses and coaches that are public service vehicles must comply with the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981.
However Regulation 100 of C&U requires that all passengers be carried in a manner such that 'no danger is caused to any person'. This generally refers to latent defects or, for example, unsecured loads.
It's the Mail FFS
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| Quote ="Hutchie"nothing RIDDOR reportable then.
Anyways hope them who are defending the girl and parents will be happy when coach prices to away trips go up for there relevant clubs'"
She only had minor injuries, no broken bones and I would imagine spent less than 24 hours in hospital. If this was the case and she was back at school within 3 days, then this would not need reporting.
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| Quote ="chico's nose"She only had minor injuries, no broken bones and I would imagine spent less than 24 hours in hospital. If this was the case and she was back at school within 3 days, then this would not need reporting.'"
Taken to hopsital in ambulance form the scene ?
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| Quote ="cod'ead"Really?
More a case of yet more sloppy reporting:
The Road Traffic Act 1988 and the Public Passenger Vehicles Act 1981 (as amended by the Road Traffic Act 1991) provide the framework for most of the important provisions relating to the use of motor vehicles on roads in the United Kingdom. Section 40A of the 1988 Act states that a person is guilty of an offence if a danger or injury is caused to any person because of, for example, the manner in which passengers are carried or the load is secured in a vehicle. The Road Vehicles (Construction and Use) Regulations 1986 (C&U), as amended, govern the construction, equipment, maintenance and use of road vehicles. In addition, buses and coaches that are public service vehicles must comply with the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981.
However Regulation 100 of C&U requires that all passengers be carried in a manner such that 'no danger is caused to any person'. This generally refers to latent defects or, for example, unsecured loads.
It's the Mail FFS'"
Fair point cod'ead, I sit corrected.
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| Quote ="Hutchie"Taken to hopsital in ambulance form the scene ?'"
I have recently had experience of this. We reported an accident under RIDDOR because someone had been taken away in an ambulance. Only minor injuries were sustained and the HSE did investigate, but apparently, we did not have to report the incident just because they had been taken to hospital in an ambulance.
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| Quote ="chico's nose"I have recently had experience of this. We reported an accident under RIDDOR because someone had been taken away in an ambulance. Only minor injuries were sustained and the HSE did investigate, but apparently, we did not have to report the incident just because they had been taken to hospital in an ambulance.'"
It's simply safer and easier to report just about anything, better be told "there was no need" then get the "why didn't you report it" stare!
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| Quote ="Standee"It's simply safer and easier to report just about anything, better be told "there was no need" then get the "why didn't you report it" stare!'"
That's exactly the reason why we reported it.
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| It always amuses me when non-parents give advice on parenting.
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| Quote ="GODS UNDERTAKER"It always amuses me when non-parents give advice on parenting.
'" [
It's a little like commenting on a game that you never had the good fortune to see!
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| Quote ="withernsea zebra"Quote ="GODS UNDERTAKER"It always amuses me when non-parents give advice on parenting.
'" [
It's a little like commenting on a game that you never had the good fortune to see!'" '"
This place would be very, very, quiet if nobody commented on things they don't have direct experience of.
For a start, we couldn't comment about people we've never met, or the value of their opinions.
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| Quote ="Hutchie"i applaud them for that'"
I too am glad they have withdrawn the service. The ultimate end game is that there will be few if any companies willing/able to offer school bus services if either the threat of action against them or their drivers exists when a child has brazenly misbehaved and broken the rules.
My old school as well. How standards have slipped. Clive Wiley would have been waiting for her with the slipper next day.
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| Lets face sensible facts here , and as a father too.
my boy is my best mate and vice versa, travels the planet with me , travels to all rugby with me, scrambles with me , and we do nothing without him unless he is with his Grandma .
He has a few other pals in the village who are all great kids also and very close to each other they all are however as they are not exposed to city life day in day out they still respect folk, we have NO vandalism in the village, never have parents dragging them home etc etc because the parents are all switched on too and the whole area plays by old rules which makes me feel sorry for a lot of inner city kids who simply miss out on that backbone of safety and security from their parents so go out and seek it in gangs etc ,
they prat around and so on because they are bored they say???
BORED??? how can kids be bored today when there are events and youth clubs everywhere for them and what happened to footballs and playing fields etc.
its all about the parents, nothing more nothing less,
if parents throw them out onto the streets at every chance the kids will become feral , if they took the time to interact with them and take an interest in them they would see all kids have a good heart you just gotta find it before its too late which would make them happier children and less likely to become issue kids!!
but when parents are teaching their kids to scam then that is a serious issue that local agencies should be discussing with them under caution in my book!!..
soap box removed sorry
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| Quote ="Standee":1ax3ceml'" :1ax3ceml
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