Makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when violation is on camera or observed

BILL NUMBER:S2646

Title of bill

An act to amend the vehicle and traffic law, in relation to the liability of owners of motor vehicles used to overtake or pass a stopped school bus receiving or discharging passengers and authorizing the use of photographic evidence in the prosecution of such traffic infraction; and to amend the penal law, in relation to assault in the third degree and criminally negligent homicide

Purpose

This legislation makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when violation is on camera or observed.

Justification

The Vehicle and Traffic Law requires that all motorists stop for a school bus with its red lights illuminated indicating that it is picking up or discharging students. Current estimates indicate that motorists illegally pass a stopped school bus more than 75,000 times per day which places our children at risk of injury or even death. Illegally passing motorists have been responsible for killing two of New York's children in the past four years and several more children have been injured as a result.

This bill adds a new section to the Vehicle and Traffic Law allowing for photographic evidence to be used to report overtaking a stopped school bus violation. This bill further amends the Vehicle and Traffic Law to allow for a summons to be issued to the registered owner of vehicles identified as illegally passing school buses that are stopped for dropping off or picking up students.

Section 120.00 of the Penal Law is amended to establish the crime of aggravated assault when an individual is injured and criminally negligent homicide when an individual is killed in the act of illegally passing a school bus.

Legislative history

4/29/11 Referred to Transportation 1/4/12 Referred to Transportation

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of September next succeeding the date on which it shall have become law.