Mandates ignition interlock devices for school buses

Summary of provisions

Section 1 of the bill adds a new section 375-b to the vehicle and traffic law to require every school bus manufactured for use in this state on and after July 1, 2013 to be equipped with a functioning ignition interlock device of a type and specification as approved by the National Highway Traffic Safety Administration and the NYS Commissioner of Transportation. Permits retrofitting of existing school buses with ignition interlock devices pursuant to action by a board of education or board of trustees under section 3635-c of the education law. Section 2 of the bill adds a new section 3635-c of the education law to permit a board of education or board of trustees, in its discretion, following a public hearing, to adopt a resolution to provide for installation and use of ignition interlock devices on school buses. Nothing in this section shall be construed to impose a duty upon boards of education or boards of trustees to provide ignition interlock devices on school buses purchased or contracted for prior to the effective date of this section, nor shall a board be held liable for failure to provide ignition interlock devices pursuant to this section. Section 3 of the bill adds a new paragraph f to section 3623-a(2) of the education law to provide state aid for expenses incurred for ignition interlock devices for school buses. Section 4 of the bill is the effective date.

Justification

Unfortunately, even with random alcohol and drug testing of school bus drivers, there have still been incidents of school bus drivers operating school buses while driving drunk or alcohol impaired. Over the last three years, there have been six incidents in New York State reported by the media of school bus drivers conducting their routes while under the influence of alcohol. Nationwide, there have been a reported thirty-seven incidents of school bus drivers performing their duties while under the influence over the last ten years.

Six reported incidents of school bus drivers driving while under the influence of alcohol are six too many. We do not know how many other incidents there may be that go undetected. School bus drivers are charged with a very important responsibility in the transportation of our most precious cargo, children. There are no excuses when a school bus driver gets behind the wheel of their bus, after they have been drinking, and proceeds to transport children on their route. Zero tolerance is the only possible policy when it comes to transporting New York's children. A man by the name of Joseph R. Argy understood the importance of safely transporting the most precious cargo in the world, children. Mr. Argy dedicated his entire life's work, over the span of forty years, to ensuring the travel safety of adults and children through his business as the owner and operator of Niagara Falls Coach Lines, Inc. Mr. Argy, concerned with increases in the occurrences of drunk driving among the general populace, began a project to develop a device which could be used to ensure members of

his fleet could never get behind the wheel of a school bus while under the influence of alcohol. He was concerned, not only about the daily school route, but also when drivers provide transportation of students to extracurricular activities in which the drivers often wait for hours without supervision. His search was for a technologically advanced measure that would prevent an alcohol-impaired school bus driver from starting a school bus. He worked with manufacturers to develop an ignition interlock device for school buses. While such products are coming onto the market, it was also his goal to press for their usage. Sadly, he passed away before he could personally witness widespread use of this device, but it is a legacy his family is working to bring to fruition. This legislation phases in the use of ignition interlock devices on school buses. The devices would be of a type and specification approved by the National Highway Traffic Safety Administration and the rules and regulations of the NYS Commissioner of Transportation. By requiring the use of ignition interlock devices on school buses, we can prevent further incidents of impaired driving from alcohol which endangers the lives of other motorists, pedestrians and the children entrusted to the driver.

Legislative history

S.1453 of 2009/2010; Referred to Senate Transportation S.507-A/A.2222-A of 2007/2008; Referred to Senate Transportation S.14 of 2005/2006; Referred to Senate Transportation S.928 of 2003/2004; Referred to Senate Transportation S.4700 of 2001/2002; Referred to Senate Transportation S.5469 of 1999/2000; Referred to Senate Transportation

Fiscal implications

None.

Effective date

This act shall take effect July 1, 2013 provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.