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.