Published: January 30, 2008 12:38 pm         

School buses could be liability if used to transport public in times of disaster

CUMBERLAND - The Allegany County public school system is trying to obtain insurance in case school buses are used to transport the general public in times of disaster.

But Jay Walbert, supervisor of transportation for the Allegany County Board of Education, said the school system will do what it feels is right - with or without the appropriate administrative safeguards.

"In a real emergency, we're going to choose to do what we have to do" to help area residents, Walbert said. "It makes much more sense to make it appropriate through the legislation."

Through the school board, Walbert requested help from the District 1 legislative delegation last month to be able to provide transportation in emergencies and emergency drills. The delegation sent a letter earlier this month to Maryland Insurance Administration Commissioner Ralph Tyler to see if legislation is needed or whether the insurance industry already covers the practice. The MIA regulates the state's insurance industry.

Karen Barrow, a spokeswoman for the administration, said its legal team "will have to look into the law and get a handle on the issue before we can really respond."

The timeline of such a response, Barrow said, could depend "on how complicated an issue it turns out to be."

To her knowledge, it's the first time the agency has been asked to address the issue.

The delegation is considering introducing a bill that would provide school districts with supplemental insurance for emergencies and emergency exercises.

Walbert said Motor Vehicle Administration regulations leave no "in between" for buses licensed with regular school tags. Buses licensed with school bus tags are authorized to carry students, teachers and adults for school-related activities. The only exception is that buses can carry passengers age 60 and older at any time.

Charter buses are permitted to carry non-school related passengers in emergencies and practice drills. The higher insurance cost for charter buses, however, has aided in all the county's 103 contracted buses, and the 28 buses owned by the district, wearing regular school tags.

The designation has prevented Walbert from allowing the school buses to be used in drills, though he has received "numerous requests" to participate in such exercises in the past 12 to 18 months.

He said the district has allowed its buses to be used in emergency situations "but, in all honesty, we have really not been tagged correctly or insured correctly."

School buses were sent to a 79-car pileup on Interstate 68 on May 23, 2003, on Big Savage Mountain. Two buses transported uninjured people to the Eastern Garrett fire hall in Finzel and took "the walking wounded" to local hospitals.

Four buses transported about 200 Amtrak passengers to the Cumberland Holiday Inn in June 2004 when the train was stopped as police investigated a report of suspicious activity. School buses also have been used to help evacuate residents from flooded areas.

Walbert said the issue is a statewide one. If a bus is damaged and needs repaired or replaced, he doesn't want the school system liable for "doing the right thing."

Contact Kevin Spradlin at kspradlin@times-news.com.