What's happening
This bill makes it a crime to operate a school bus with any amount of alcohol in the driver's blood and sets penalties.
Why it matters
Establishes a zero-tolerance standard for alcohol in school bus drivers. , meaning any detectable amount—not just legal intoxication—would be a violation, which could dramatically change enforcement and disciplinary actions for drivers.
Classifies violations as a class E felony for drivers operating a school bus with students onboard. , leading to serious criminal consequences (including possible imprisonment and substantial fines) for even minimal alcohol presence.
Signals heightened legislative concern for student safety and public trust. , potentially increasing scrutiny of school transportation providers and prompting stricter hiring, monitoring, and compliance practices in school districts.
Removes and updates certain older penalty categories. to focus on the new zero-tolerance provision, clarifying the law and possibly making prosecution more straightforward in cases involving school bus drivers and alcohol.
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Who cares
School bus drivers
The bill would prohibit driving a school bus with any amount of alcohol in their blood shown by chemical analysis, with a class E felony and possible fines or imprisonment when carrying at least one student passenger.
Students and parents
The bill would replace specified school-bus alcohol and drug felony provisions with a felony provision tied to any detectable blood alcohol while transporting a student.
School districts and school bus operators
The bill would retain the protection against revoking a school bus’s registration for a driver’s violation while changing the applicable offenses and sanctions.
Department of Motor Vehicles
The bill would remove the specified one-year license revocation provision for school bus violations while retaining the specified three-year provision.
Headline styles
Ban Alcohol for Bus Drivers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Zero Tolerance for Bus Drivers
In Senate Committee · Transportation · Sponsor Carl L. Marcellino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2124
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to criminalizing the operation of a school bus by a person having any amount of alcohol in his or her blood and providing sanctions for violations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1192 of the vehicle and traffic law is amended by adding a new subdivision 6-a to read as follows:
6-a. School buses: per se. Notwithstanding the provisions of section eleven hundred ninety-five of this article, no person shall operate a school bus while such person has any amount of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.
§ 2. Subparagraph 4-a of paragraph (d) of subdivision 1 and subparagraph 4-a of paragraph (b) of subdivision 2 of section 1193 of the vehicle and traffic law, subparagraph 4-a of paragraph (d) of subdivision 1 as amended by chapter 732 of the laws of 2006 and subparagraph 4-a of paragraph (b) of subdivision 2 as added by chapter 26 of the laws of 1996, are amended to read as follows:
(4-a) A violation of subdivision [two, three, four or four-a] six-a of section eleven hundred ninety-two of this article wherein the violator is operating a school bus as defined in section one hundred forty-two of this chapter and such school bus is carrying at least one student passenger shall be a class E felony punishable by a fine of not less than one thousand dollars nor more than five thousand dollars, or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment. [A violation of subdivision two-a of section eleven hundred ninety-two of this article wherein the violator is operating a school bus as defined in section one hundred forty-two of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04229-01-7
A. 2124 2
chapter and such school bus is carrying at least one student passenger shall be a class D felony punishable by a fine of not less than two thousand dollars nor more than ten thousand dollars, or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment.]
(4-a) School buses. (A) [One year, where the holder is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article, such violation was committed while the holder was driving a school bus, and the holder is sentenced pursuant to subparagraph one, one-a or four-a of paragraph (d) of subdivision one of this section.
(B)] Three years where the holder is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article, such violation was committed while the holder was driving a school bus, and the holder is sentenced pursuant to subparagraph four of paragraph (d) of subdivision one of this section.
[(C)] (B) Notwithstanding the provisions of the opening paragraph of this paragraph [(b)], the commissioner shall not revoke the registration of a school bus driven in violation of section eleven hundred ninety-two of this article.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.