S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2310
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law and the  education  law,  in
         relation to requiring the usage of seat safety belts on school buses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 4 of  section  1229-c  of  the
    2  vehicle  and  traffic law, as separately amended by chapters 232 and 509
    3  of the laws of 2004, is amended to read as follows:
    4    (a) "motor  vehicle"  shall  include  all  motor  vehicles  which  are
    5  required  by section three hundred eighty-three of this chapter or regu-
    6  lation or would be required if such motor vehicle were registered in New
    7  York state to be equipped [by a safety belt but shall not include]  WITH
    8  SEAT  BELTS, INCLUDING those vehicles which are used as school buses, as
    9  such term is defined in section one hundred forty-two  of  this  chapter
   10  [and];  PROVIDED,  HOWEVER,  THAT  THE  TERM  "MOTOR  VEHICLE" SHALL NOT
   11  INCLUDE those vehicles which are authorized emergency vehicles, as  such
   12  term is defined in section one hundred one of this chapter;
   13    S  2. Subdivision 11 of section 1229-c of the vehicle and traffic law,
   14  as added by chapter 653 of the laws of 1989 and as renumbered by chapter
   15  104 of the laws of 1991, is amended and a new subdivision 11-a is  added
   16  to read as follows:
   17    11.  [Notwithstanding  the  provisions  of  subdivision  four  of this
   18  section, no] NO person shall operate a school bus unless SUCH PERSON  IS
   19  REASONABLY SURE THAT all passengers under the age of four are restrained
   20  in  a  specially  designed  detachable  or removable seat as required by
   21  subdivision one of this section, or another restraining device  approved
   22  by the commissioner.
   23    11-A.  NO  PERSON SHALL OPERATE A SCHOOL BUS EQUIPPED WITH SEAT SAFETY
   24  BELTS PURSUANT TO SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHTY-THREE
   25  OF THIS CHAPTER OR PURSUANT TO SECTION THIRTY-SIX HUNDRED  THIRTY-FIVE-A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05682-01-5
       A. 2310                             2
    1  OF  THE  EDUCATION  LAW  UNLESS  SUCH PERSON IS REASONABLY SURE THAT ALL
    2  PASSENGERS ARE RESTRAINED BY A SEAT SAFETY BELT.  FOR  THE  PURPOSES  OF
    3  THIS  SUBDIVISION,  THE  TERM  "PASSENGER"  SHALL NOT INCLUDE SCHOOL BUS
    4  ATTENDANTS,   AS   THAT  TERM  IS  DEFINED  IN  SECTION  TWELVE  HUNDRED
    5  TWENTY-NINE-D OF THIS ARTICLE, OR ANY OTHER PERSON ACTING IN A  SUPERVI-
    6  SORY  CAPACITY.  FURTHERMORE,  IN  ANY ACTION FOR PERSONAL INJURIES BY A
    7  PASSENGER ON A SCHOOL BUS, THE PROVISIONS OF SUBDIVISION FOUR OF SECTION
    8  THIRTY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW SHALL APPLY.
    9    S 3. Subdivision 1 of section 3623 of the education law, as amended by
   10  chapter 474 of the laws of 1996, is amended to read as follows:
   11    1. a. NO PERSON SHALL OPERATE A SCHOOL BUS EQUIPPED WITH  SEAT  SAFETY
   12  BELTS PURSUANT TO SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHTY-THREE
   13  OF THE VEHICLE AND TRAFFIC LAW OR PURSUANT TO SECTION THIRTY-SIX HUNDRED
   14  THIRTY-FIVE-A OF THIS ARTICLE UNLESS SUCH PERSON IS REASONABLY SURE THAT
   15  ALL PASSENGERS ARE RESTRAINED BY A SEAT SAFETY BELT. FOR THE PURPOSES OF
   16  THIS  SUBDIVISION,  THE  TERM  "PASSENGER"  SHALL NOT INCLUDE SCHOOL BUS
   17  ATTENDANTS,  AS  THAT  TERM  IS  DEFINED  IN  SECTION   TWELVE   HUNDRED
   18  TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, OR ANY OTHER PERSON ACTING
   19  IN A SUPERVISORY CAPACITY. FURTHERMORE, IN ANY ACTION FOR PERSONAL INJU-
   20  RIES  BY A PASSENGER ON A SCHOOL BUS, THE PROVISIONS OF SUBDIVISION FOUR
   21  OF SECTION THIRTY-EIGHT HUNDRED THIRTEEN OF THIS CHAPTER SHALL APPLY.
   22    B. THE DRIVER OF A SCHOOL BUS SHALL BE REQUIRED  TO  ANNOUNCE  TO  THE
   23  PASSENGERS  OF  SUCH BUS: "EVERYBODY FASTEN YOUR SEAT BELT", BEFORE SUCH
   24  BUS IS PLACED IN MOTION.
   25    C. NO PERSON SHALL OPERATE A SCHOOL BUS WHILE ANY PASSENGER IS  STAND-
   26  ING, EITHER IN THE AISLE OR AT THEIR SEAT.
   27    D. The commissioner of transportation in consultation with the commis-
   28  sioner shall adopt, promulgate and enforce rules, standards and specifi-
   29  cations  regulating  and  controlling  the  efficiency  and equipment of
   30  school buses used to transport pupils, with  particular  regard  to  the
   31  safety and convenience of such pupils and the suitability and adaptabil-
   32  ity of such school buses to the requirements of the school district.  No
   33  school  bus  shall  be  purchased  by  a school district or used for the
   34  transportation of pupils unless and until it has been  approved  by  the
   35  commissioner  of  transportation  as complying with the rules, standards
   36  and specifications relating thereto.
   37    [b.] E. No bus manufactured  after  January  first,  nineteen  hundred
   38  seventy-four shall be used to transport pupils under any contract with a
   39  school  district  or board of cooperative educational services unless it
   40  has been similarly  approved  by  the  commissioner  of  transportation,
   41  except  that no such approval shall be required for buses used to trans-
   42  port pupils and also used to serve the general public  under  a  certif-
   43  icate  of  public  convenience  for the operation of a bus line, granted
   44  pursuant to the transportation  law  or  for  buses  used  to  transport
   45  pupils,  teachers  and other persons acting in a supervisory capacity to
   46  and from school activities and which bus does not receive  or  discharge
   47  passengers on or along the public highways on regularly scheduled routes
   48  and  is  operating  under  a  permit as a contract carrier of passengers
   49  granted pursuant to the transportation law or by the interstate commerce
   50  commission.   School buses manufactured  or  assembled  prior  to  April
   51  first,  nineteen  hundred  seventy-seven  may  not  be used to transport
   52  pupils, teachers and other persons acting in a supervisory  capacity  to
   53  and from school activities.
   54    [c.]  F.  The  commissioner shall PROVIDE FOR THE ENFORCEMENT OF PARA-
   55  GRAPH A OF THIS SUBDIVISION AND SHALL  establish  and  provide  for  the
   56  enforcement of rules and regulations requiring instruction on the use of
       A. 2310                             3
    1  seat  safety  belts  [as  specified in subdivision five of section three
    2  hundred eighty-three of the vehicle and traffic law and section  thirty-
    3  six  hundred  thirty-five-a of this chapter], INSTRUCTION ON THE DANGERS
    4  OF  STANDING  WHILE  THE  BUS  IS IN MOTION, drills in safe boarding and
    5  exiting procedures and emergency drills to be conducted  on  all  school
    6  buses  and  shall  emphasize  specific  hazards  encountered by children
    7  during snow, ice, rain and other  inclement  weather.  All  such  drills
    8  shall  include  instruction  in the importance of orderly conduct by all
    9  school bus passengers.  A minimum of [three] FOUR such drills  shall  be
   10  had on each school bus during the school year, the first to be conducted
   11  during the first seven days of session of the fall term.
   12    S  4.  Section 3635-a of the education law, as added by chapter 747 of
   13  the laws of 1986, subdivision 1 as amended by chapter 474 of the laws of
   14  1996, is amended to read as follows:
   15    S 3635-a. Safety belt usage.   1. A board of  education  or  board  of
   16  trustees  may,  in  its  discretion,  following a public hearing for the
   17  purpose of determining whether a resolution shall  be  adopted,  provide
   18  for the [use] INSTALLATION of seat safety belts on such school buses, in
   19  accordance with regulations and standards established by the commission-
   20  er  under  subdivision  one of section thirty-six hundred [thirty-eight]
   21  TWENTY-THREE of this [chapter] ARTICLE.
   22    2. Such public hearing, conducted upon  reasonable  notice,  shall  be
   23  held  to  consider:  (a)  whether the district shall install seat safety
   24  belts on buses purchased and/or contracted for prior  to  the  effective
   25  date  of this section [and require their use]; AND (b) when such instal-
   26  lation shall be provided[, and (c) whether  use  of  seat  safety  belts
   27  shall  be  required  on all school buses within the district so equipped
   28  after a date to be determined by the board  of  education  or  board  of
   29  trustees].
   30    3.  Such  hearings  shall  consider  the  effect  of seat safety belts
   31  installation on the total number of students that can be transported  on
   32  such buses.
   33    4. Within twenty days after the public hearing, the board of education
   34  or  board of trustees shall, by resolution, determine whether to require
   35  installation [and use] of seat safety belts on some or all school buses.
   36    4-A.  IF THE BOARD OF EDUCATION OR BOARD OF TRUSTEES HAS DETERMINED TO
   37  REQUIRE THE INSTALLATION OF SEAT SAFETY BELTS, THE  USE  OF  SUCH  BELTS
   38  SHALL BE MANDATORY PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF SECTION
   39  THIRTY-SIX HUNDRED TWENTY-THREE OF THIS ARTICLE AND PURSUANT TO SUBDIVI-
   40  SION ELEVEN-A OF SECTION TWELVE HUNDRED TWENTY-NINE-C OF THE VEHICLE AND
   41  TRAFFIC LAW.
   42    5. This section shall apply only to vehicles owned or leased by school
   43  districts  and  nonpublic  schools,  and  to  vehicles  used  to perform
   44  contracts with such school  districts  and  nonpublic  schools  for  the
   45  purpose of transporting school children for hire.
   46    6.  Nothing  in  this section shall be construed to impose a duty upon
   47  boards of education or boards of trustees to provide seat  safety  belts
   48  on  school buses purchased or contracted for prior to the effective date
   49  of this section, nor shall any board of education or board  of  trustees
   50  be held liable for failure to provide seat safety belts pursuant to this
   51  section.  A  school board member or trustee shall have immunity from any
   52  civil or criminal liability that might otherwise be incurred or  imposed
   53  as  a result of the provisions of this section provided that such person
   54  shall have acted in good faith. For the purpose of any proceeding, civil
   55  or criminal, the good faith of any such person shall be presumed.
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    1    7. The provisions of this section shall not apply to school  districts
    2  which  are  using safety belts on school buses or have installed or have
    3  contracted for the installation of seat safety belts prior to the effec-
    4  tive date of this section.
    5    S  5.  Subdivision 1 of section 1229-d of the vehicle and traffic law,
    6  as added by chapter 675 of the laws of  1985,  is  amended  to  read  as
    7  follows:
    8    (1) (A) "School bus attendant" shall mean a person, INCLUDING A SCHOOL
    9  AID  OR MONITOR, employed or authorized by a school district OR EMPLOYED
   10  BY A MOTOR CARRIER UNDER CONTRACT TO A SCHOOL  DISTRICT  to  ride  on  a
   11  school  bus  as  defined  in paragraph (a) of subdivision one of section
   12  five hundred nine-a of this chapter for the purpose of maintaining order
   13  or rendering assistance to pupils with special needs.
   14    (B) ANY PUPIL WITH SPECIAL NEEDS WHO IS UNABLE TO UTILIZE A SEAT SAFE-
   15  TY BELT, AS REQUIRED PURSUANT TO SUBDIVISION ELEVEN-A OF SECTION  TWELVE
   16  HUNDRED  TWENTY-NINE-C  OF  THIS  ARTICLE AND SUBDIVISION ONE OF SECTION
   17  THIRTY-SIX HUNDRED TWENTY-THREE OF THE EDUCATION LAW, SHALL BE  ASSIGNED
   18  A SCHOOL BUS ATTENDANT.
   19    S  6.  Subdivision 4 of section 3813 of the education law, as added by
   20  chapter 747 of the laws of 1986, is amended to read as follows:
   21    4. In any action for personal injuries by a passenger on a school  bus
   22  against  a  school  district,  school bus operator under contract with a
   23  school district, or any agent or employee  of  a  district  or  operator
   24  (including,  but  not limited to, bus drivers, matrons, teachers serving
   25  as chaperones and volunteers) no such person shall be held liable solely
   26  because the injured party was not wearing a seat  safety  belt  OR  HELD
   27  LIABLE  SOLELY  BECAUSE  THE  INJURED PARTY WAS INJURED AS THE RESULT OF
   28  WEARING A SEAT SAFETY BELT; provided, however,  that  nothing  contained
   29  herein  shall  be construed to grant immunity from liability for failure
   30  to:
   31    (a) maintain in operating order any  equipment  required  by  statute,
   32  rule or regulation;
   33    (b) comply with applicable statutes, rules or regulations.
   34    S  7.  This  act  shall  take  effect  on  the first of September next
   35  succeeding the date on which it shall have become a law. Provided,  that
   36  any  rules  and  regulations  necessary for the timely implementation of
   37  this act on its effective date shall be promulgated before such date.