Bill Text: MN SF71 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Seat belt equipment requirements for school buses modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-20 - Referred to Transportation [SF71 Detail]
Download: Minnesota-2011-SF71-Introduced.html
1.2relating to pupil transportation; amending seat belt equipment requirements
1.3for procurement of school buses; amending Minnesota Statutes 2010, sections
1.4169.447, subdivision 2a; 169.685, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 169.447, subdivision 2a, is amended to
1.7read:
1.8 Subd. 2a. Passenger lap and shoulder belts. (a) In addition to the requirements in
1.9section169.4501, subdivision 1 ,:
1.10(1) a school bus may be equipped with an approved lap belt or an approved lap and
1.11shoulder belt installed for each passenger-seating position on the bus; and
1.12(2) a school bus purchased after December 31, 2011, must be equipped with an
1.13approved lap and shoulder belt installed for each passenger-seating position on the bus.
1.14(b) The design and installation of lap belts and lap and shoulder belts required
1.15underthis paragraph (a) must meet the standards of the commissioner established under
1.16this paragraph(b). (b) The commissioner shall consider all concerns necessary to properly
1.17integrate lap belts or lap and shoulder belts into the current compartmentalization safety
1.18system and prescribe standards for the design and installation of lap and shoulder belts
1.19required under paragraph (a). The standards are not subject to chapter 14 and are
1.20specifically not subject to section14.386 .
1.21(c) This subdivision does not apply to specially equipped school buses under section
1.22169.4504
.
1.23(d) A passenger on a school bus equipped with lap belts or lap and shoulder belts
1.24must use these lap belts or lap and shoulder belts unless the passenger, or if the passenger
2.1is a minor, the passenger's parent or guardian, has notified the school district in writing
2.2that the passenger does not intend to wear the lap belt or lap and shoulder belt.
2.3(e) In an action for personal injury or wrongful death against a school district, a
2.4school bus operator under contract with a school district, or any agent or employee of a
2.5school district or operator, or against a volunteer, no such person or entity shall be held
2.6liable solely because the injured party was not wearing a safety belt; provided, however,
2.7that nothing contained herein shall be construed to grant immunity from liability for
2.8failure to:
2.9(1) maintain in operating order any equipment required by statute, rule, or school
2.10district policy; or
2.11(2) comply with an applicable statute, rule, or school district policy.
2.12(f) In an action for personal injury or wrongful death, a school district, a school bus
2.13contract operator, any agent or employee of a school district or operator, or a volunteer
2.14is not liable for failing to assist any child with the adjustment, fastening, unfastening, or
2.15other use of the lap belt or lap and shoulder belt.
2.16 Sec. 2. Minnesota Statutes 2010, section 169.685, subdivision 1, is amended to read:
2.17 Subdivision 1. Requirement; exemptions.After January 1, 1964, All new
2.18motor vehicles, not exempt from Minnesota license fees, other than a bus,school bus,
2.19motorcycle, motorized bicycle, farm tractor, road tractor, and truck, sold or offered for
2.20sale or registered in Minnesota shall be equipped to permit the installation of seat belts
2.21in the front seat thereof.
1.3for procurement of school buses; amending Minnesota Statutes 2010, sections
1.4169.447, subdivision 2a; 169.685, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 169.447, subdivision 2a, is amended to
1.7read:
1.8 Subd. 2a. Passenger lap and shoulder belts. (a) In addition to the requirements in
1.9section
1.10(1) a school bus may be equipped with an approved lap belt or an approved lap and
1.11shoulder belt installed for each passenger-seating position on the bus; and
1.12(2) a school bus purchased after December 31, 2011, must be equipped with an
1.13approved lap and shoulder belt installed for each passenger-seating position on the bus.
1.14(b) The design and installation of lap belts and lap and shoulder belts required
1.15under
1.16this paragraph
1.17integrate lap belts or lap and shoulder belts into the current compartmentalization safety
1.18system and prescribe standards for the design and installation of lap and shoulder belts
1.19required under paragraph (a). The standards are not subject to chapter 14 and are
1.20specifically not subject to section
1.21(c) This subdivision does not apply to specially equipped school buses under section
1.23(d) A passenger on a school bus equipped with lap belts or lap and shoulder belts
1.24must use these lap belts or lap and shoulder belts unless the passenger, or if the passenger
2.1is a minor, the passenger's parent or guardian, has notified the school district in writing
2.2that the passenger does not intend to wear the lap belt or lap and shoulder belt.
2.3(e) In an action for personal injury or wrongful death against a school district, a
2.4school bus operator under contract with a school district, or any agent or employee of a
2.5school district or operator, or against a volunteer, no such person or entity shall be held
2.6liable solely because the injured party was not wearing a safety belt; provided, however,
2.7that nothing contained herein shall be construed to grant immunity from liability for
2.8failure to:
2.9(1) maintain in operating order any equipment required by statute, rule, or school
2.10district policy; or
2.11(2) comply with an applicable statute, rule, or school district policy.
2.12(f) In an action for personal injury or wrongful death, a school district, a school bus
2.13contract operator, any agent or employee of a school district or operator, or a volunteer
2.14is not liable for failing to assist any child with the adjustment, fastening, unfastening, or
2.15other use of the lap belt or lap and shoulder belt.
2.16 Sec. 2. Minnesota Statutes 2010, section 169.685, subdivision 1, is amended to read:
2.17 Subdivision 1. Requirement; exemptions.
2.18motor vehicles, not exempt from Minnesota license fees, other than a bus,
2.19motorcycle, motorized bicycle, farm tractor, road tractor, and truck, sold or offered for
2.20sale or registered in Minnesota shall be equipped to permit the installation of seat belts
2.21in the front seat thereof.
