S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11330
 
                           I N  A S S E M B L Y
 
                            September 19, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
   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 implementing combination lap safety and  shoulder  harness
   seat  safety  belts  and requiring students use safety belts on school
   buses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of section 383 of the vehicle and traffic
 law, as added by chapter 747 of the laws of 1986, is amended to read  as
 follows:
   5. (a) Passenger seat safety belts for school buses. Every school bus,
 as  defined  in  section one hundred forty-two of this chapter, manufac-
 tured for use in this state on and after July first,  [nineteen  hundred
 eighty-seven]  TWO  THOUSAND  NINETEEN,  shall  be  designed so that all
 passenger seats on such vehicle are equipped with COMBINATION LAP SAFETY
 AND SHOULDER HARNESS seat safety belts and increased seat  back  padding
 on  passenger  seats  of  a  type  and  specification as approved by the
 commissioner of transportation through the adoption of rules  and  regu-
 lations. Such rules and regulations shall provide that when any contact-
 able  surface of the school bus, as specified in the Federal Motor Vehi-
 cle Safety Standard, 49  CFR  Section  571.222,  is  impacted  from  any
 direction  at  twenty-two  feet  per  second by the head form, the axial
 acceleration at the center of gravity of the head  form  shall  be  such
 that the head form impact requirement shall not exceed eight hundred.
   (b)  Passenger COMBINATION LAP SAFETY AND SHOULDER HARNESS seat safety
 belts for existing school buses. [Any] EVERY school bus, as  defined  in
 section  one  hundred  forty-two of this chapter, which is scheduled for
 retrofitting pursuant to action by a board  of  education  or  board  of
 trustees under section thirty-six hundred thirty-five-a of the education
 law  NOT  EQUIPPED WITH COMBINATION LAP SAFETY AND SHOULDER HARNESS SEAT
 SAFETY BELTS shall be retrofitted so that all passenger  seats  on  such
 vehicles  are  equipped with COMBINATION LAP SAFETY AND SHOULDER HARNESS
 seat safety belts and additional padding of a type and specification  as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16097-01-8

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 approved  by  the commissioner of transportation through the adoption of
 rules and regulations. Such rules and  regulations  shall  provide  that
 when  any  contactable  surface  of  the  school bus as specified in the
 Federal Motor Vehicle Safety Standard, 49CFR Section 571.222 is impacted
 from  any  direction at twenty-two feet per second by the head form, the
 axial acceleration at the center of gravity of the head  form  shall  be
 such  that  the  head  form  impact  requirement  shall not exceed eight
 hundred. Furthermore, the commissioner  shall  have  the  power  through
 rules  and regulations to exempt certain design school buses from retro-
 fitting. In granting such exemptions, the  commissioner  shall  consider
 safety  factors,  structural integrity of the school buses and any other
 items deemed necessary to preserve the safety and welfare of the  school
 bus  passengers.  Provided  further,  however,  that the commissioner of
 transportation shall not authorize retrofitting of any school bus  manu-
 factured  prior  to  April  first,  [nineteen hundred seventy-seven] TWO
 THOUSAND NINETEEN.
   § 2. Section 3635-a of the education law, as added by chapter  747  of
 the laws of 1986 and subdivision 1 as amended by chapter 474 of the laws
 of 1996, is amended to read as follows:
   § 3635-a. Safety  belt  usage.  [1.  A  board of education or board of
 trustees may, in its discretion, following  a  public  hearing  for  the
 purpose  of  determining  whether a resolution shall be adopted, provide
 for the use of seat safety belts on such  school  buses,  in  accordance
 with  regulations  and  standards  established by the commissioner under
 subdivision one of section thirty-six hundred thirty-eight of this chap-
 ter.
   2. Such public hearing, conducted upon  reasonable  notice,  shall  be
 held  to  consider:  (a)  whether the district shall install seat safety
 belts on buses purchased and/or contracted for prior  to  the  effective
 date  of  this section and require their use; (b) when such installation
 shall be provided, and (c) whether use of seat  safety  belts  shall  be
 required  on  all  school  buses within the district so equipped after a
 date to be determined by the board of education or board of trustees.
   3. Such hearings shall  consider  the  effect  of  seat  safety  belts
 installation  on the total number of students that can be transported on
 such buses.
   4. Within twenty days after the public hearing, the board of education
 or board of trustees shall, by resolution, determine whether to  require
 installation and use of seat safety belts on some or all school buses.]
   1.  ALL  STUDENTS  SHALL  USE  SAFETY BELTS WHILE BEING TRANSPORTED ON
 SCHOOL BUSES, IN ACCORDANCE WITH REGULATIONS AND  STANDARDS  ESTABLISHED
 BY THE COMMISSIONER; PROVIDED, HOWEVER, ALTERNATIVE ACCOMMODATIONS SHALL
 BE  MADE  WHERE A PUPIL WITH SPECIAL NEEDS IS UNABLE TO UTILIZE A SAFETY
 BELT.
   [5.] 2. This section shall apply only to vehicles owned or  leased  by
 school  districts and nonpublic schools, and to vehicles used to perform
 contracts with such school  districts  and  nonpublic  schools  for  the
 purpose of transporting school children for hire.
   [6.]  3.  Nothing  in this section shall be construed to impose a duty
 upon boards of education or boards of trustees to  provide  seat  safety
 belts on school buses purchased or contracted for prior to the effective
 date of this section, nor shall any board of education or board of trus-
 tees be held liable for failure to provide seat safety belts pursuant to
 this  section. A school board member or trustee shall have immunity from
 any civil or criminal liability that  might  otherwise  be  incurred  or
 imposed as a result of the provisions of this section provided that such

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 person  shall  have acted in good faith. For the purpose of any proceed-
 ing, civil or criminal, the good faith  of  any  such  person  shall  be
 presumed.
   [7.]  4.  The  provisions  of  this  section shall not apply to school
 districts which are using safety belts on school buses or have installed
 or have contracted for the installation of seat safety  belts  prior  to
 the effective date of this section.
   §  3.  Paragraph (a) of subdivision 4 of section 1229-c of the vehicle
 and traffic law, as amended by chapter 448  of  the  laws  of  2015,  is
 amended to read as follows:
   (a)  "motor  vehicle"  shall  include  all  motor  vehicles  which are
 required by section three hundred eighty-three of this chapter or  regu-
 lation or would be required if such motor vehicle were registered in New
 York  state to be equipped [by a safety belt but shall not include] WITH
 SAFETY BELTS, INCLUDING those vehicles which are used as  school  buses,
 as such term is defined in section one hundred forty-two of this chapter
 [and];  PROVIDED,  HOWEVER,  THAT  THE  TERM  "MOTOR  VEHICLE" SHALL NOT
 INCLUDE those vehicles which are authorized emergency vehicles, as  such
 term  is  defined  in section one hundred one of this chapter, provided,
 however, that for purposes of this section, "motor vehicle"  shall  also
 include fire vehicles owned and/or operated by a fire company as defined
 by  subdivision  two of section one hundred of the general municipal law
 and ambulances owned and/or operated by a voluntary ambulance service as
 defined by subdivision three of  section  one  hundred  of  the  general
 municipal law;
   §  4. Subdivision 11 of section 1229-c of the vehicle and traffic law,
 as added by chapter 653 of the laws of 1989 and as renumbered by chapter
 104 of the laws of 1991, is amended and a new subdivision 11-a is  added
 to read as follows:
   11.  [Notwithstanding  the  provisions  of  subdivision  four  of this
 section, no] NO person shall operate a school bus unless SUCH PERSON  IS
 REASONABLY SURE THAT all passengers under the age of four are restrained
 in  a  specially  designed  detachable  or removable seat as required by
 subdivision one of this section, or another restraining device  approved
 by the commissioner.
   11-A.  NO  PERSON SHALL OPERATE A SCHOOL BUS EQUIPPED WITH SEAT SAFETY
 BELTS PURSUANT TO SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHTY-THREE
 OF THIS CHAPTER OR PURSUANT TO SECTION THIRTY-SIX HUNDRED  THIRTY-FIVE-A
 OF  THE  EDUCATION  LAW  UNLESS  SUCH PERSON IS REASONABLY SURE THAT ALL
 PASSENGERS ARE RESTRAINED BY A SEAT SAFETY BELT, PROVIDED THAT THE  TERM
 "PASSENGER"  SHALL NOT INCLUDE SCHOOL BUS ATTENDANTS OR ANY OTHER PERSON
 ACTING IN A SUPERVISORY CAPACITY FOR PURPOSES OF THIS SECTION.  FURTHER-
 MORE,  IN  ANY  ACTION  FOR PERSONAL INJURIES BY A PASSENGER ON A SCHOOL
 BUS, THE PROVISIONS OF SUBDIVISION FOUR OF SECTION THIRTY-EIGHT  HUNDRED
 THIRTEEN OF THE EDUCATION LAW SHALL APPLY.
   §  5.  This act shall take effect July 1, 2019. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.