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letter from DOT on optional equip removal

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Posts: 94
Location: dryden, ny
Bill,
 
Thanks for your question.
 
The child check system is an option. It may be removed from the vehicle because there is no legal mandate for the device. However, from a liability perspective the choice of disabling the device could be questioned. Drivers and monitors have been charged with criminal offenses when children have been left on a bus.
 
Our long standing policy is that all devices on the vehicle must be maintained. This is so that a device will not cause failure of the operation of another component or other components on the vehicle or otherwise present a safety hazzard.
 
This leads us to discussion of what is the difference between removed and disabled. If an optional device is no longer to be used then all interface to the bus must be disconnected in a workmanlike manner and all wires, hoses, tubing etc. must be disconnected, and in some cases major components must be removed so that there is no potential for problems because of the discontinued use and maintenance of the device. Also, indications of the existence of the device must be modified in such a manner so as there is no expectation for the functionally of the device when lack of function could lend to potential for accident or injury.
 
Have a good day. 
 
 
Rusty Seastrum
Chief Technician

NYS DOT
Passenger Carrier Safety Bureau; POD 53
50 Wolf Road
Albany, New York 12232



>>> On 2/19/2008 at 10:12 AM, in message <d68.21a328d0.34ec4bea@aol.com>, <BKRBLY@aol.com> wrote:


Rusty,
 
Over the weekend I received a call from an employee from a neighboring district. The concern was that the supervisor had disabled the child check system. The question is, can he legally do this? The employee understands that the supervisor has signed some sort of waiver.
 
Bill Mitchell

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