Senate Bill S6165

                                BILL NUMBER:S6165

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to updating the fire
safety components of school buses

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to update
and modernize school bus equipment standards to improve fire safety.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. adds a new subdivision 21-j
to section 375 of the vehicle and traffic law to provide that
occupant seating in school buses meet the fire safety criteria of the
American Society for Testing Materials test E 1537. Additionally, a
new subdivision 21-k is added to section 375 of the vehicle and
traffic law to provide that all plastic components contained in the
engine compartment of every school bus meet a v-o classification when
tested in accordance with Underwriters Laboratories standards for
safety UL 94.

JUSTIFICATION:
This bill updates and modernizes school bus fire safety
standards for both the seating and the engine compartment to ensure
that students in New York State will continue to travel in the safest
              

vehicle possible. Moreover, the new testing standards will take
effect in a manner that imposes little or no cost to the school bus
industry.

Federal standard #302 for the flammability of school bus seating
has
not been updated since 1967. Since that time, the "paper bag test",
similar to that embodied in American society for Testing Materials
test E 1537 has proven to provide more comprehensive protection for
school bus passengers. In fact, several of the largest school bus
manufacturers, and several of the smaller enterprises, already
install seating that meets the testing criteria of ASTM E 1537 and
perform a paper bag test on their own volition. Moreover, NYS DOT
regulations already require this standard for certain school buses
that transport students with disabilities. Federal standard #302
was
intended to prevent the effects of cigarette ignitions in cars
whereas the ASTM E 1531 standard is widely accepted because it more
closely simulates a real fire threat. A fire suppression system that
meets the standard would cause the flame to extinguish or progress at
a much slower rate, giving riders critical minutes to escape. The
standard also does not drive any particular technology and provides
manufacturers with the flexibility to choose how best to comply.

Plastic engine components often provide as much fuel for engine fires
as liquefied fuels. The purpose of this standard is to ensure that
when the plastic is confronted with a flame, burning stops within 10
seconds on a vertical specimen and no flaming particles drip from the
plastic.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The
provisions of the bill do not apply retroactively and do not become
effective until January 1, 2014 to allow the industry time to
incorporate these standards without disruption to current contracts,
orders or to the procurement process. Some manufacturers already
incorporate the standards prescribed by this legislation and would
incur no fiscal implications.
For manufacturers that do not currently comply with either updated
safety standard, the fiscal implications are estimated to be between
$32 and $267 per school bus (the average purchase price of a school
bus is $80,000) depending on the type of technology used to comply.

EFFECTIVE DATE:
This legislation takes effect immediately to allow NYS
DOT the proper time to implement regulations, but the new safety
standards apply only to school buses manufactured for use in New York
state on or after January 1, 2014.