NY State Senate Bill 2023-S8329

Senate Bill S8329

2023-2024 Legislative Session

Relates to the passing of stopped school buses on divided highways and to the location of school bus stops on divided highways

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2024	referred to transportation

co-Sponsors

2023-S8329 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1174, V & T L
Versions Introduced in 2025-2026 Legislative Session:: S716

2023-S8329 (ACTIVE) - Summary

Relates to the passing of stopped school buses on divided highways; provides that vehicles traveling in the opposite direction of a school bus on such highway shall not have to stop if a physical barrier is present between the different directions of travel.

2023-S8329 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8329

SPONSOR: RHOADS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the passing
of stopped school buses on divided highways with four or more lanes and
the location of school bus stops on divided highways with four or more
lanes

 
PURPOSE:

To amend the vehicle and traffic, in relation to the passing of stopped
school buses on divided highways with four or more lanes and the
location of school bus stops on divided highways with four or more
lanes.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision (a) and (b) of section 1174 of the vehicle and
traffic law, as amended by chapter 597of the laws of 1990, are amended
to read as follows.

Section 2. This act shall take effect immediately.

 
JUSTIFICATION:

In 2019, New York State adopted legislation safeguarding our young chil-
dren and holding people accountable by authorizing school bus cameras to
catch drivers passing a school bus discharging children.  Now that the
school bus camera law is being implemented in several jurisdictions,
however, it has highlighted an unforeseen problem.  Drivers travelling
in the opposite direction of a stopped school bus along multi-lane
divided highways are forced to come to a sudden and complete stop where
it is unsafe to do so and where it is equally unsafe for children to
attempt to cross. Consequently, for drivers in that situation, there is
a heightened risk of accident and injury while encouraging children to
cross a multi-lane divided highway, they should not cross. According to
Educationweek.org, New York is the only state in the Nation that
requires vehicles travelling in both directions on a multi-lane road
divided by a median to stop for a stopped school bus.  This legislation
would amend the Vehicle and Traffic Law to alleviate this danger by
removing the requirement to stop for vehicles travelling in the opposite
direction of a stopped school bus discharging passengers on multilane
divided highways. In this way, we can continue to protect children with-
out creating unnecessary danger to unsuspecting motorists.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8329 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8329
 
                             I N  S E N A T E
 
                             January 18, 2024
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the  passing
   of  stopped  school  buses on divided highways with four or more lanes
   and the location of school bus stops on divided highways with four  or
   more lanes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (a) and (b) of section 1174 of the vehicle and
 traffic law, as amended by chapter 597 of the laws of 1990, are  amended
 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 school bus a red visual signal as specified in subdivision
 twenty of section three hundred seventy-five of this  chapter  and  said
 driver  shall not proceed until such school bus resumes motion, or until
 signaled by the driver or a police officer to proceed; PROVIDED,  HOWEV-
 ER,  THE  REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY TO THE DRIVER
 OF A VEHICLE TRAVELING IN THE OPPOSITE DIRECTION OF A SCHOOL  BUS  ON  A
 DIVIDED HIGHWAY WHICH, FOR PURPOSES OF THIS SECTION, SHALL BE DEFINED AS
 A ROAD WITH FOUR OR MORE LANES WHERE THERE IS A PHYSICAL BARRIER BETWEEN
 DIFFERENT DIRECTIONS OF TRAVEL. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11994-03-4
 S. 8329                             2
 
   (b) [The] EXCEPT ON A DIVIDED HIGHWAY AS DEFINED IN SUBDIVISION (A) OF
 THIS SECTION, THE driver of such school bus, when receiving or discharg-
 ing passengers who must cross a public highway, street or private  road,
 shall  instruct  such  passengers  to  cross in front of the bus and the
 driver  thereof shall keep such school bus halted with red signal lights
 flashing until such passengers have reached the opposite  side  of  such
 highway,  street  or  private road. Whether such passengers are crossing
 such highway, street or private road or discharging to the same side  of
 such  highway, street or private road, the driver of such bus shall keep
 such school bus halted  with  red  signal  lights  flashing  until  such
 passengers  are  at  least  fifteen feet from the bus and either off the
 highway, street or private road or on a sidewalk.
   § 2. This act shall take effect immediately.

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Senate Bill S8329

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Sponsored By

Steven D. Rhoads