S T A T E O F N E W Y O R K
________________________________________________________________________
7905
2023-2024 Regular Sessions
I N A S S E M B L Y
July 19, 2023
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the passing
of stopped school buses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 20 of section 375 of the vehi-
cle and traffic law, as separately amended by chapters 204 and 221 of
the laws of 1976, is amended to read as follows:
(a) For each such omnibus having a seating capacity in excess of
fifteen children, there shall be colored flashing signal lamps conform-
ing to regulations prescribed by the commissioner on the front and on
the rear thereof, including AT LEAST ONE FLASHING YELLOW SIGNAL LAMP ON
THE FRONT THEREOF AND AT LEAST ONE FLASHING YELLOW SIGNAL LAMP ON THE
REAR THEREOF AND at least one flashing red signal lamp on the front
thereof and at least one flashing red signal lamp on the rear thereof.
For each such omnibus having a seating capacity of not more than fifteen
children, there shall be colored flashing signal lamps conforming to
regulations prescribed by the commissioner facing the front and facing
the rear thereof, and at least ONE FLASHING YELLOW SIGNAL LAMP FACING
THE FRONT THEREOF AND AT LEAST ONE FLASHING YELLOW SIGNAL LAMP FACING
THE REAR THEREOF AND AT LEAST one flashing red signal lamp facing the
front thereof and at least one flashing red signal lamp facing the rear
thereof. The driver of every such vehicle shall keep such red signal
lamps lighted whenever passengers are being received or discharged or
whenever he has stopped within fifty feet to the rear of a vehicle with
such red signal lamps lighted, and shall light [all other] THE required
FLASHING YELLOW signal lamps, as a warning, prior to stopping to receive
or discharge passengers in accordance with regulations prescribed by the
commissioner.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11883-01-3
A. 7905 2
§ 2. Subdivisions (a) and (c) of section 1174 of the vehicle and traf-
fic law, subdivision (a) as amended by chapter 597 of the laws of 1990
and subdivision (c) as amended by chapter 254 of the laws of 2002, are
amended and a new paragraph (e) is added to read as follows:
(a) The driver of a vehicle upon a public highway, street or private
road upon meeting or overtaking from either direction any school bus
marked and equipped as provided in subdivision twenty of section three
hundred seventy-five of this chapter which has stopped on the public
highway, street or private road for the purpose of receiving or
discharging any passengers, or which has stopped because a school bus in
front of it has stopped to receive or discharge any passengers, shall
stop the vehicle before reaching such school bus when there is in opera-
tion on [said] SUCH school bus A FLASHING YELLOW SIGNAL LAMP OR a red
visual signal as specified in subdivision twenty of section three
hundred seventy-five of this chapter and [said] SUCH driver shall not
proceed until such school bus resumes motion, or until signaled by the
driver or a police officer to proceed. For the purposes of this section,
and in addition to the provisions of section one hundred thirty-four of
this chapter, the term "public highway" shall mean any area used for the
parking of motor vehicles or used as a driveway located on the grounds
of a school or of a board of cooperative educational services facility
or any area used as a means of access to and egress from such school or
facility.
(c) [Every person convicted of a violation of subdivision (a) of this
section shall: for a first conviction thereof, be punished by a fine of
not less than two hundred fifty dollars nor more than four hundred
dollars or by imprisonment for not more than thirty days or by both such
fine and imprisonment; for a conviction of a second violation, both of
which were committed within a period of three years, such person shall
be punished by a fine of not less than six hundred dollars nor more than
seven hundred fifty dollars or by imprisonment for not more than one
hundred eighty days or by both such fine and imprisonment; upon a
conviction of a third or subsequent violation, all of which were commit-
ted within a period of three years, such person shall be punished by a
fine of not less than seven hundred fifty dollars nor more than one
thousand dollars or by imprisonment for not more than one hundred eighty
days or by both such fine and imprisonment.] WITHIN ONE HUNDRED EIGHTY
DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
TWENTY-THREE WHICH AMENDED THIS SUBDIVISION, THE COMMISSIONER SHALL
ESTABLISH A METHOD WHEREBY ANY VIOLATION OF THIS SECTION SHALL BE ISSUED
TO THE OPERATOR OF THE VEHICLE AND NOT ISSUED TO THE OWNER OF SUCH VEHI-
CLE.
(E) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WHERE THERE IS A
DIVIDED HIGHWAY WHERE THERE IS A PHYSICAL BARRIER, INCLUDING, BUT NOT
LIMITED TO, A CREEK, BARRIER OR GRASSY MALL BETWEEN DIFFERENT DIRECTIONS
OF TRAVEL.
§ 3. This act shall take effect immediately.