As the school year progresses, senior students move from L-Plates to P-Plates. As licenced drivers, some students may start driving to and from school, accessing school parking and driving friends and family to school and school events. 

Where the risk of a P-Plater being involved in a serious crash is between three and six times higher than when they were learning to drive, the risk of injury is foreseeable. Schools manage this risk in different ways. How the risk is assessed should direct a school's response to the risk. 

This article aims to provide school leaders with guidance in the way that driving risks are assessed and managed. 

In Australia, schools owe a legal duty of care to their students, which extends beyond the classroom to any 'school activity'. 

The term 'school activity' has, at the time of writing, not been judicially considered. A common sense approach to this phrase likely means that duty schools owe extends to any activity arranged or authorised by a school (eg, excursions, school sport and school camps). For more information on a school's duty of care we recommend an article published by our Insurance Practice in December 2023.

The duty of care, in respect of P-Plater risk requires schools to take reasonable steps to prevent foreseeable harm to students. This might include providing the opportunity for training, implementing policies and measures to ensure the safety of P-Plate drivers, students and pedestrians on school grounds and around transport to school events. 

How the risk is managed will depend on the school. Some schools may not provide on campus parking, in that instance, the risk around P-Platers might not be applicable. However, where driving is encouraged or endorsed to school events or during school time or school supervision (eg from school to a sporting or cultural event), where parking at school is allowed, schools should take steps to assess and mitigate the risk.

Where the risk of injury or accident is foreseeable, schools should consider how they assess and address the risk associated with students driving and parking on school grounds or at school events to foster safety as far as reasonably practicable. 

Part of the approach to risk management is setting expectations of P-Plate drivers. A policy for P-Platers who access school property or who drive to school events (as an alternative to catching a school bus to an excursion, for example) might be a good start. Such policies could address:

• Record appropriate details: Under the policy students who drive on school grounds (including to sporting fields or other campuses) might be asked to agree to comply with school policies around driving and parking.  

• Outline the legal requirements: Schools policies might be developed which reflect state specific rules around transporting passengers (which vary across Australia) and any school considerations. For example, where P-Platers are more at risk of being involved in an accident when their friends are passengers, the policy might respond to that risk. 

• Require compliance with traffic laws: Student should acknowledge that as student drivers they are to abide by all signs and requirements on school grounds and they agree to drive on school grounds in a safe and responsible manner. The requirement might also specify that if students are found not to comply, that their right to park at school might be revoked. 

• Limit the driving to transport to and from school: Depending on how risk is assessed, the policy might stipulate whether students are permitted to park at off campus events (for example sporting fields, or cultural centres which are separate to the school's main campus and/or, parking at other schools for school related events).

• Limit access to vehicles during school hours: Students who elect to park either on campus or off campus might be limited in accessing their cars during school hours. Students congregating in cars off site during school hours would impact on a school's ability to supervise students. 

• Parking on campus (exclusion of liability): The policy should require students who are permitted to park their private vehicles on campus to acknowledge that they do so at their own risk and no liability will be accepted by the school for any damage sustained to the student's vehicle whilst parked or driven on the school grounds. At the same time students should be required to accept that they will be liable for any loss or damage they might cause. 

• Parking off campus (exclusion of liability): If there is no parking available for students on the school grounds, the policy should state that the student's motor vehicles must be parked legally in neighbouring streets, not in staff car parks or designated visitor spaces. If off campus parking is metred, the school should address whether students will be permitted to leave school to replenish metres. Such a decision should be weighed against the obligation to supervise students. Students' parking in surrounding streets can cause conflict with neighbours. If that is an issue for your school, you might consider how such nuisance can be minimised. The policy might state that students remain liable for any loss or damage they cause. 

• Outline the path from car to school: The Policy should require that all students who park off campus must obey traffic laws once they exit their vehicle and enter the school grounds using the school safety crossing area. 

• Consequences for violations: Define and communicate the consequences for violating driving and parking policies, such loss of parking privileges, or disciplinary actions. The Policy should state that the school may report any dangerous driving to the police.

• Require parental/guardian sign off: Where students are under 18 years of age, students and their parent/guardian should be required to accept the student driver policy which outlines their responsibilities as student drivers and that they and their parents/guardians accept the extent of the College's responsibility.

Safe driver programs can significantly and positively improve student driving safety:

• Driver’s education programs: Consider partnering with local driving schools and/or offer on-campus driver’s education courses to ensure students receive professional driving instruction. Alternatively you might make recommendations to families about such options. 

• Safe driving campaigns: Launch campaigns that focus on the dangers of distracted driving, speeding, and driving under the influence as part of the pastoral curriculum. Use posters, assemblies, and guest speakers to reinforce these messages.

• Insurance education: Educate students and families about the importance of car insurance and the implications of being added to a parent’s policy. 

• Parent involvement: Encourage parents to participate in safe driving workshops and discussions. Provide them with resources to support their teen drivers at home.

Implementing enhanced safety measures on and around campus can help protect student drivers and pedestrians:

• Traffic flow management: Designate specific entry and exit points for student drivers to reduce congestion and minimise accidents. Clearly mark crosswalks and install traffic signs to guide drivers and pedestrians.

• Surveillance and monitoring: Use surveillance cameras to monitor parking lots and driving areas. Employ staff or security personnel to oversee student driving and parking behaviour during peak times.

• Emergency preparedness: Develop emergency response plans for accidents occurring on or near school property. Ensure staff are trained in first aid and know how to respond to various scenarios.

Safety at school has long been the responsibility of school leadership teams. Recognising the impact on safety of student drivers is an important part of keeping staff and students safe on campus. By establishing clear policies, promoting education, enhancing campus safety, providing legal support, and continuously improving practices, schools can help ensure the wellbeing of their student drivers. If your school needs further assistance in developing or refining student driving policies, we are here to help. 

Contact our team today for expert advice and support.