OSSTF District 11- Thames Valley
Ontario Secondary School Teachers' Federation

680 Industrial Road, London, Ontario, N5V 1V1
Phone: (519) 659-6588; Fax: (519) 659-2421; Email: osstf11@execulink.com

There are a number of examples when Teachers, PSSP members and Educational Assistants use their vehicles to transport students.  OSSTF has always advised members to NOT transport any students at any time because of the potential legal complexities that may be faced. 

The District 11 PSSP Bargaining Unit, under the leadership of President Sandra Miller, has been proactive in discouraging members from driving students.  The issue was raised at a Mutual Concerns Committee meeting and In November, 2004 a memo was sent to PSSP members from Bill Tucker, Superintendent of Special Education.  The memo indicated that the Thames Valley District School Board recommends that PSSP members do not transport students in their vehicles.  The memo stated that:

“As an alternative, a special fund has been set up that PSSP staff can access to provide students and/or parents with bus tickets or cab fares for transportation to specific meetings which require their attendance.  For other needs (sports and other after-school events, suspensions, illnesses, etc.) it is the responsibility of the principal, or designate, to arrange for alternate transportation.

Staff that continue to transport students and/or parents will be doing so at their own risk.  An Application for Appointment by Principal to Provide Transportation for Students must be completed.  It is your personal responsibility to have the appropriate liability coverage for your vehicle and to inform your insurance company that you transport students.”

This being said, however, there may be circumstances that arise for our members that make them feel compelled to use their vehicles to transport students.  Teacher members who drive students need to be aware of two main pieces of legislation: The Education Act, Regulation 298, Operation of Schools and Section 20, Duties of Teachers and the Highway Traffic Act, Section 192, Liability for Loss or Damage.  In addition to these statutory obligations, the common law imposes a duty of care between teacher and student. 

The Highway Traffic Act states that the owner of the vehicle is the one liable regardless of whether he/she was operating the vehicle at the time of the accident.  In other words, if a teacher is driving a family vehicle owned by their spouse/partner, the owner of the vehicle will incur liability that may result in the event of an accident.  The Education Act states that all reasonable safety precautions must carried out not only in courses but in any activity for which the teacher is responsible. 

Should a member occasionally transport students in a private passenger vehicle, their standard Ontario Automobile Policy (OAP#1) does not restrict coverage.  There are several facts to take into consideration, however

●Members should purchase more than the minimum $200,000 of liability coverage if they intend to occasionally transport students.  OSSTF advises members to carry the maximum amount of third-party liability coverage;

●Regardless of the coverage carried by the Employer, the member’s own insurance is the primary coverage.  Any litigation allowable under No Fault insurance would be settled using the member’s personal insurance.  Once the member’s insurance is exhausted, the Employer’s liability coverage will be accessed.

●Drivers owe a special duty of care to child passengers.

If the transportation of students is frequent or included in the scope of their duties, this would be considered carrying passengers for compensation and the coverage should be extended beyond the scope of the basic automobile policy.  This is done by adding an endorsement called OPCF (Ontario Policy Change Form) # 6A, Permission to Carry Passengers for Compensation.  A change in premium would obviously accompany this policy change.

OSSTF takes the position that the Employer should set up a special fund that can be accessed by staff to provide students and/or parents with bus tickets or cab-fares in order that they may attend specific meetings but for other needs (sporting events, after school events, illnesses, etc.) it is the responsibility of the principal, or designate, to arrange alternate transportation.