Relates to updating the fire safety components of school buses

BILL NUMBER:S6165

Title of bill

An act to amend the vehicle and traffic law, in relation to updating the fire safety components of school buses

Purpose or general idea of bill

The purpose of this bill is to update and modernize school bus equipment standards to improve fire safety.

Summary of specific provisions

Section 1. adds a new subdivision 21-j to section 375 of the vehicle and traffic law to provide that occupant seating in school buses meet the fire safety criteria of the American Society for Testing Materials test E 1537. Additionally, a new subdivision 21-k is added to section 375 of the vehicle and traffic law to provide that all plastic components contained in the engine compartment of every school bus meet a v-o classification when tested in accordance with Underwriters Laboratories standards for safety UL 94.

Justification

This bill updates and modernizes school bus fire safety standards for both the seating and the engine compartment to ensure that students in New York State will continue to travel in the safest vehicle possible. Moreover, the new testing standards will take effect in a manner that imposes little or no cost to the school bus industry.

Federal standard #302 for the flammability of school bus seating has not been updated since 1967. Since that time, the "paper bag test", similar to that embodied in American society for Testing Materials test E 1537 has proven to provide more comprehensive protection for school bus passengers. In fact, several of the largest school bus manufacturers, and several of the smaller enterprises, already install seating that meets the testing criteria of ASTM E 1537 and perform a paper bag test on their own volition. Moreover, NYS DOT regulations already require this standard for certain school buses that transport students with disabilities. Federal standard #302 was intended to prevent the effects of cigarette ignitions in cars whereas the ASTM E 1531 standard is widely accepted because it more closely simulates a real fire threat. A fire suppression system that meets the standard would cause the flame to extinguish or progress at a much slower rate, giving riders critical minutes to escape. The standard also does not drive any particular technology and provides manufacturers with the flexibility to choose how best to comply.

Plastic engine components often provide as much fuel for engine fires as liquefied fuels. The purpose of this standard is to ensure that when the plastic is confronted with a flame, burning stops within 10 seconds on a vertical specimen and no flaming particles drip from the plastic.

Prior legislative history

This is a new bill.

Fiscal implications for state and local governments

The provisions of the bill do not apply retroactively and do not become effective until January 1, 2014 to allow the industry time to incorporate these standards without disruption to current contracts, orders or to the procurement process. Some manufacturers already incorporate the standards prescribed by this legislation and would incur no fiscal implications. For manufacturers that do not currently comply with either updated safety standard, the fiscal implications are estimated to be between $32 and $267 per school bus (the average purchase price of a school bus is $80,000) depending on the type of technology used to comply.

Effective date

This legislation takes effect immediately to allow NYS DOT the proper time to implement regulations, but the new safety standards apply only to school buses manufactured for use in New York state on or after January 1, 2014.