Assembly Bill A4793

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4793
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced  by  M.  of  A.  E. BROWN,  BEEPHAN, MIKULIN -- read once and
   referred to the Committee 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] SUCH DRIVER 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 stop-
 ping 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.
                                                            LBD07271-01-5
 A. 4793                             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 433 of the laws of  2024,  are
 amended and a new subdivision (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 five hundred 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-FIVE WHICH AMENDED THIS SUBDIVISION, THE COMMISSION-
 ER  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 VEHICLE.
   (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.