Bill Text: NY A08385 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to requiring three-point safety belts on school buses; provides for school districts to authorize such three-point safety belts upon an appropriation therefor.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A08385 Detail]

Download: New_York-2021-A08385-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8385

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced  by  M.  of  A.  CUSICK,  ZEBROWSKI,  REYES  -- read once and
          referred to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law and the  education  law,  in
          relation to requiring three-point seat safety belts on school buses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5 of section 383 of  the  vehicle  and  traffic
     2  law,  as added by chapter 747 of the laws of 1986, is amended to read as
     3  follows:
     4    5. (a) Passenger seat safety belts for school buses. Every school bus,
     5  as defined in section one hundred forty-two of  this  chapter,  manufac-
     6  tured  for  use in this state on and after July first, [nineteen hundred
     7  eighty-seven] two thousand twenty-five, shall be designed  so  that  all
     8  passenger seats on such vehicle are equipped with three-point seat safe-
     9  ty  belts  and  increased seat back padding on passenger seats of a type
    10  and specification as approved  by  the  commissioner  of  transportation
    11  through  the  adoption  of  rules  and regulations. Such rules and regu-
    12  lations shall provide that when any contactable surface  of  the  school
    13  bus,  as  specified in the Federal Motor Vehicle Safety Standard, 49 CFR
    14  Section 571.222, is impacted from any direction at twenty-two  feet  per
    15  second by the head form, the axial acceleration at the center of gravity
    16  of  the  head  form  shall be such that the head form impact requirement
    17  shall not exceed eight hundred.
    18    (b) Passenger three-point seat safety belts for existing school buses.
    19  [Any] Every school bus, as defined in section one hundred  forty-two  of
    20  this chapter, [which is scheduled for retrofitting pursuant to action by
    21  a  board  of  education  or  board  of trustees under section thirty-six
    22  hundred thirty-five-a of the education law]  not  equipped  with  three-
    23  point seat safety belts shall be retrofitted so that all passenger seats
    24  on  such  vehicles  are  equipped with three-point seat safety belts and
    25  additional padding of a  type  and  specification  as  approved  by  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13145-01-1

        A. 8385                             2

     1  commissioner  of  transportation through the adoption of rules and regu-
     2  lations. Such rules and regulations shall provide that when any contact-
     3  able surface of the school bus as specified in the Federal Motor Vehicle
     4  Safety  Standard,  49 CFR Section 571.222 is impacted from any direction
     5  at twenty-two feet per second by the head form, the  axial  acceleration
     6  at  the  center  of gravity of the head form shall be such that the head
     7  form impact requirement shall not exceed eight hundred. Furthermore, the
     8  commissioner shall have the  power  through  rules  and  regulations  to
     9  exempt  certain  design school buses from retrofitting. In granting such
    10  exemptions, the commissioner shall consider safety  factors,  structural
    11  integrity  of  the  school buses and any other items deemed necessary to
    12  preserve the safety and welfare of the school bus  passengers.  Provided
    13  further,  however,  that  the  commissioner  of transportation shall not
    14  authorize retrofitting of any school bus manufactured  [prior  to  April
    15  first,  nineteen hundred seventy-seven] for use on or after two thousand
    16  thirteen.
    17    § 2. Section 3635-a of the education law, as added by chapter  747  of
    18  the laws of 1986 and subdivision 1 as amended by chapter 474 of the laws
    19  of 1996, is amended to read as follows:
    20    § 3635-a. Safety  belt  usage.    1.  A board of education or board of
    21  trustees may, in its discretion, following  a  public  hearing  for  the
    22  purpose  of  determining  whether a resolution shall be adopted, provide
    23  for the use of three-point seat safety belts on such  school  buses,  in
    24  accordance with regulations and standards established by the commission-
    25  er  [under subdivision one of section thirty-six hundred thirty-eight of
    26  this chapter].
    27    2. Such public hearing, conducted upon  reasonable  notice,  shall  be
    28  held  to  consider:  (a)  whether the district shall install three-point
    29  seat safety belts on buses purchased and/or contracted for prior to [the
    30  effective date of this section] July first, two thousand twenty-five and
    31  require their use; (b) when such installation shall be provided, and (c)
    32  whether use of three-point seat safety belts shall be  required  on  all
    33  school  buses  within the district so equipped after a date to be deter-
    34  mined by the board of education or board of trustees.
    35    3. Such hearings shall consider the effect of three-point seat  safety
    36  belts  installation  on  the total number of students that can be trans-
    37  ported on such buses.
    38    4. Within twenty days after the public hearing, the board of education
    39  or board of trustees shall, by resolution, determine whether to  require
    40  installation  and  use  of  three-point seat safety belts on some or all
    41  school buses.
    42    5. This section shall apply only to vehicles owned or leased by school
    43  districts and  nonpublic  schools,  and  to  vehicles  used  to  perform
    44  contracts  with  such  school  districts  and  nonpublic schools for the
    45  purpose of transporting school children for hire.
    46    6. Nothing in this section shall be construed to impose  a  duty  upon
    47  boards  of  education  or boards of trustees to provide three-point seat
    48  safety belts on school buses purchased or contracted for prior  to  [the
    49  effective  date  of  this section] July first, two thousand twenty-five,
    50  nor shall any board of education or board of trustees be held liable for
    51  failure to provide  three-point  seat  safety  belts  pursuant  to  this
    52  section.  A  school board member or trustee shall have immunity from any
    53  civil or criminal liability that might otherwise be incurred or  imposed
    54  as  a result of the provisions of this section provided that such person
    55  shall have acted in good faith. For the purpose of any proceeding, civil
    56  or criminal, the good faith of any such person shall be presumed.

        A. 8385                             3

     1    7. The provisions of this section shall not apply to school  districts
     2  which  are  using  three-point seat safety belts on school buses or have
     3  installed or have contracted for the installation  of  three-point  seat
     4  safety  belts  prior to [the effective date of this section] July first,
     5  two thousand twenty-five.
     6    § 3. This act shall take effect on the thirtieth day following a first
     7  appropriation  for  the school districts electing to provide for the use
     8  of three-point seat safety belts;  provided  that  the  commissioner  of
     9  education shall notify the legislative bill drafting commission upon the
    10  occurrence  of such appropriation in order that the commission may main-
    11  tain an accurate and timely effective data base of the official text  of
    12  the  laws  of  the  state of New York in furtherance of effectuating the
    13  provisions of section 44 of the legislative law and section 70-b of  the
    14  public officers law.
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