Kostelka: Crowded school bus

Many students of the commercial college Eisenerz have been complaining about crowded school busses already since 2008. The busses bring them from Leoben over the winding mountain street of Präbichl to Eisenerz and back home again.  

The ORF team accompanied the young people. Friday morning, shortly before 6:30 clock the school bus arrives in Leoben. All 52 seats are already taken, a boy sits on the ground. Every morning close to 300 girls and boys have to take the bus from Leoben and the surrounding communities to the school center in Eisenerz.

On some days, up to 40 of them have to spend the journey standing. In the dense crowd small children are forced to stand on the footboard or have to stand in the front of the bus without holders. On the way home, it is particularly bad, and sometimes children are not allowed to enter because it might damage the doors due to overcrowding. Bus breakdowns in winter are particularly uncomfortable. After complaints of some parents, the headmaster turned directly to the ÖBB-Postbus GmbH (Austrian railways and postbusses).

In advance, the classes prepared for talks with a representative from the company where most important complaints were written down. But they were not heard and the young people kept unsatisfied: “We complained and tried everything within our power. But it did not help.” Finally, a student turned to the Austrian Ombudsman Board.

In the studio, ÖBB-Postbus GesmbH stated that the school transport would be conducted according to current regulations. A bigger bus (15 m) instead of the currently used bus (12 m) could indeed improve the situation, but stations along the line are only licensed for smaller busses. Another problem is caused by the bus stop “Vordernberg”, since it could only be approached after reconstructions for larger busses. Although he would understand the victims, he pointed out that the only accident in recent years was caused by a wrangling between two passengers. The use of an additional 12 m bus (including drivers), would have to be financed by third parties and costs in the amount of € 80.000, - per school year would arise.

Ombudsman Dr. Peter Kostelka calls for a rethink: "Parents initiatives, the ‘Kinderfreunde’, the Catholic Family Association, provincial assemblies, as well as parliamentary parties always give attention to the need for more security in student transportation. The legal framework for motor vehicle traffic is absurd. In a bus with 50 seats and 45 standing passengers, according to the counting rule 2:3, 142 children could be transported. Only in school busses, they can be transported insecure and standing. Children do often carry school and sports bags or laptops - without a seat and perhaps without holders, the situation is intolerable."

The headmaster of the commercial college reported that the number of students in Eisenerz in recent years had increased from 200 to 300. 80% percent of them are commuters. But the ÖBB-Postbusse GmbH did not respond to this increase – due to financial reasons.

Ombudsman Kostelka: "We need, however, a short-term solution. In the case of a way to school this long and over a mountain section, this is understandable. Furthermore, the Austrian Ombudsman Board calls for legal regulations that guarantee security – which do not exist yet.” The representative of the ÖBB-Postbus GesmbH announced to talk to the Styrian Transport Federation and to evaluate the ridership. If the state confirms to finance another bus, there would be a chance for another bus.

Re-Examination: Personal assistance for disabled people

The law for equal opportunities entitles disabled people to personal assistance. However, a 26-year-old suffering from spastic paralysis does not receive the personal assistance needed to live independently from his family. The young man lives in Upper-Austria with his parents. He is 80 % paralysed and finished his apprenticeship as an office administrator in December 2009. Since January 2010, he works as a secretary in Linz, the capital of Upper Austria. His father quit his job to be able to take his son to work and pick him up afterwards – all together, this means four hours driving every day. Since the family has to care for the 90-years-old grandfather and two children of minor age, the 26-year-old wants to help his family and wants to move to Linz. Therefore, he needs personal assistance – but due to budgetary reasons, his application was rejected by the authorities.

At the end of November 2010, Ombudsman Kostelka turned to the members of state parliament and pointed out that the number of people receiving personal assistance is smaller than the number of people on the waiting list. Finally, an appendix to the budget was reached. Starting from March 2011, Mr. N.N. will receive personal assistance to the extent of 250 hours per month. Ombudsman Kostelka: “I am pleased that we could solve this case. But 100 other persons are still on the waiting list. In other states, this kind of support does not even exist.”