S T A T E O F N E W Y O R K
________________________________________________________________________
8486
2009-2010 Regular Sessions
I N A S S E M B L Y
May 21, 2009
___________
Introduced by M. of A. P. RIVERA -- Multi-Sponsored by -- M. of A. ALFA-
NO, BARRA -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring the usage of
seat safety belts by passengers of school buses which are equipped
with such belts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 3623 of the education law, as
amended by chapter 474 of the laws of 1996, is amended to read as
follows:
1. a. NO SCHOOL BUS, AS THAT TERM IS DEFINED IN SECTION ONE HUNDRED
FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW, WHICH IS EQUIPPED WITH SEAT
SAFETY BELTS AS SPECIFIED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED
EIGHTY-THREE OF THE VEHICLE AND TRAFFIC LAW AND SECTION THIRTY-SIX
HUNDRED THIRTY-FIVE-A OF THIS ARTICLE, SHALL BE OPERATED UNLESS ALL
PASSENGERS ARE RESTRAINED BY A SEAT SAFETY BELT.
B. ON EVERY SCHOOL BUS EQUIPPED WITH SEAT SAFETY BELTS, AS SPECIFIED
IN SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHTY-THREE OF THE VEHICLE
AND TRAFFIC LAW AND SECTION THIRTY-SIX HUNDRED THIRTY-FIVE-A OF THIS
ARTICLE, THE COMMISSIONER OF TRANSPORTATION SHALL POST AND MAINTAIN IN
PLAIN VIEW OF THE PASSENGERS A CONSPICUOUS WARNING SIGN READING "NEW
YORK STATE LAW REQUIRES EVERY PASSENGER OF THIS SCHOOL BUS TO WEAR A
SEATBELT WHILE THIS BUS IS IN OPERATION".
C. The commissioner of transportation in consultation with the commis-
sioner shall adopt, promulgate and enforce rules, standards and specifi-
cations regulating and controlling the efficiency and equipment of
school buses used to transport pupils, with particular regard to the
safety and convenience of such pupils and the suitability and adaptabil-
ity of such school buses to the requirements of the school district.
THE COMMISSIONER OF TRANSPORTATION SHALL BEAR ALL COSTS ASSOCIATED WITH
PROVIDING, INSTALLING AND MAINTAINING THE WARNING SIGNS MANDATED PURSU-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02310-01-9
A. 8486 2
ANT TO PARAGRAPH B OF THIS SUBDIVISION. No school bus shall be purchased
by a school district or used for the transportation of pupils unless and
until it has been approved by the commissioner of transportation as
complying with the rules, standards and specifications relating thereto.
[b.] D. No bus manufactured after January first, nineteen hundred
seventy-four shall be used to transport pupils under any contract with a
school district or board of cooperative educational services unless it
has been similarly approved by the commissioner of transportation,
except that no such approval shall be required for buses used to trans-
port pupils and also used to serve the general public under a certif-
icate of public convenience for the operation of a bus line, granted
pursuant to the transportation law or for buses used to transport
pupils, teachers and other persons acting in a supervisory capacity to
and from school activities and which bus does not receive or discharge
passengers on or along the public highways on regularly scheduled routes
and is operating under a permit as a contract carrier of passengers
granted pursuant to the transportation law or by the interstate commerce
commission. School buses manufactured or assembled prior to April
first, nineteen hundred seventy-seven may not be used to transport
pupils, teachers and other persons acting in a supervisory capacity to
and from school activities.
[c.] E. The commissioner shall PROVIDE FOR THE ENFORCEMENT OF PARA-
GRAPH A OF THIS SUBDIVISION AND SHALL establish and provide for the
enforcement of rules and regulations requiring instruction on the use of
seat safety belts as specified in subdivision five of section three
hundred eighty-three of the vehicle and traffic law and section thirty-
six hundred thirty-five-a of this [chapter] ARTICLE, drills in safe
boarding and exiting procedures and emergency drills to be conducted on
all school buses and shall emphasize specific hazards encountered by
children during snow, ice, rain and other inclement weather. All such
drills shall include instruction in the importance of orderly conduct by
all school bus passengers. A minimum of three such drills shall be had
on each school bus during the school year, the first to be conducted
during the first seven days of session of the fall term.
S 2. Section 3635-a of the education law, as added by chapter 747 of
the laws of 1986, subdivision 1 as amended by chapter 474 of the laws of
1996, is amended to read as follows:
S 3635-a. Safety belt usage. 1. A board of education or board of
trustees may, in its discretion, following a public hearing for the
purpose of determining whether a resolution shall be adopted, provide
for the [use] INSTALLATION of seat safety belts on such school buses, in
accordance with regulations and standards established by the commission-
er under subdivision one of section thirty-six hundred [thirty-eight]
TWENTY-THREE of this [chapter] ARTICLE.
2. Such public hearing, conducted upon reasonable notice, shall be
held to consider: (a) whether the district shall install seat safety
belts on buses purchased and/or contracted for prior to the effective
date of this section [and require their use]; AND (b) when such instal-
lation shall be provided[, and (c) whether use of seat safety belts
shall be required on all school buses within the district so equipped
after a date to be determined by the board of education or board of
trustees].
3. Such hearings shall consider the effect of seat safety belts
installation on the total number of students that can be transported on
such buses.
A. 8486 3
4. Within twenty days after the public hearing, the board of education
or board of trustees shall, by resolution, determine whether to require
installation [and use] of seat safety belts on some or all school buses.
4-A. IF THE BOARD OF EDUCATION OR BOARD OF TRUSTEES HAS DETERMINED TO
REQUIRE THE INSTALLATION OF SEAT SAFETY BELTS, THE USE OF SUCH BELTS
SHALL BE MANDATORY PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF SECTION
THIRTY-SIX HUNDRED TWENTY-THREE OF THIS ARTICLE.
5. This section shall apply only to vehicles owned or leased by school
districts and nonpublic schools, and to vehicles used to perform
contracts with such school districts and nonpublic schools for the
purpose of transporting school children for hire.
6. Nothing in this section shall be construed to impose a duty upon
boards of education or boards of trustees to provide seat safety belts
on school buses purchased or contracted for prior to the effective date
of this section, nor shall any board of education or board of trustees
be held liable for failure to provide seat safety belts pursuant to this
section. A school board member or trustee shall have immunity from any
civil or criminal liability that might otherwise be incurred or imposed
as a result of the provisions of this section provided that such person
shall have acted in good faith. For the purpose of any proceeding, civil
or criminal, the good faith of any such person shall be presumed.
7. The provisions of this section shall not apply to school districts
which are using safety belts on school buses or have installed or have
contracted for the installation of seat safety belts prior to the effec-
tive date of this section.
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.