What's happening
This bill requires all New York school buses to have three-point seat safety belts and increased seat back padding for student safety.
Why it matters
Mandates upgrades for all school buses, not just new ones. Existing school buses that do not already have three-point seat belts and increased seat back padding must be retrofitted, expanding safety requirements beyond future bus purchases. This ensures that students riding in older buses benefit from enhanced safety protections, not just those riding in newly manufactured vehicles.
Aligns state safety standards with federal impact requirements. The bill specifically references federal regulations (FMVSS 571.222) for seat padding and impact safety, meaning that New York’s school buses must meet or exceed rigorous national crash safety standards. This could reduce injury severity in the event of accidents.
Allows for exceptions but prioritizes safety. The Commissioner of Transportation can exempt certain buses from retrofitting based on safety or structural concerns, but must consider the safety and welfare of passengers first. This provides flexibility for unique cases (such as older or structurally unsound buses) without broadly weakening the safety mandate.
Requires school districts to publicly consider how seat belts affect capacity and policy. Before adopting or expanding the use of three-point seat belts, local school boards must hold public hearings to discuss not only installation and use policies but also how the new belts might affect the number of students each bus can carry. This ensures transparency, community input, and careful planning around implementation and logistics.
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Who cares
Headline styles
Require Seat Belts on Buses
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4701
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the education law, in relation to requiring three-point seat safety belts on school buses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 383 of the vehicle and traffic law, as added by chapter 747 of the laws of 1986, is amended to read as follows:
5. (a) Passenger seat safety belts for school buses. Every school bus, as defined in section one hundred forty-two of this chapter, manufactured for use in this state on and after July first, [nineteen hundred eighty-seven] two thousand nineteen, shall be designed so that all passenger seats on such vehicle are equipped with three-point seat safety belts and increased seat back padding on passenger seats of a type and specification as approved by the commissioner of transportation through the adoption of rules and regulations. Such rules and regulations shall provide that when any contactable surface of the school bus, as specified in the Federal Motor Vehicle Safety Standard, 49 CFR Section 571.222, is impacted from any direction at twenty-two feet per second by the head form, the axial acceleration at the center of gravity of the head form shall be such that the head form impact requirement shall not exceed eight hundred.
(b) Passenger three-point seat safety belts for existing school buses. [Any] Every school bus, as defined in section one hundred forty-two of this chapter, [which is scheduled for retrofitting pursuant to action by a board of education or board of trustees under section thirty-six hundred thirty-five-a of the education law] not equipped with threepoint seat safety belts shall be retrofitted so that all passenger seats on such vehicles are equipped with three-point seat safety belts and additional padding of a type and specification as approved by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00530-01-7
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commissioner of transportation through the adoption of rules and regulations. Such rules and regulations shall provide that when any contactable surface of the school bus as specified in the Federal Motor Vehicle Safety Standard, 49 CFR Section 571.222 is impacted from any direction at twenty-two feet per second by the head form, the axial acceleration at the center of gravity of the head form shall be such that the head form impact requirement shall not exceed eight hundred. Furthermore, the commissioner shall have the power through rules and regulations to exempt certain design school buses from retrofitting. In granting such exemptions, the commissioner shall consider safety factors, structural integrity of the school buses and any other items deemed necessary to preserve the safety and welfare of the school bus passengers. Provided further, however, that the commissioner of transportation shall not authorize retrofitting of any school bus manufactured prior to April first, [nineteen hundred seventy-seven] two thousand four.
§ 2. Section 3635-a of the education law, as added by chapter 747 of the laws of 1986 and subdivision 1 as amended by chapter 474 of the laws of 1996, is amended to read as follows:
§ 3635-a. Safety belt usage. 1. A board of education or board of trustees may, in its discretion, following a public hearing for the purpose of determining whether a resolution shall be adopted, provide for the use of three-point seat safety belts on such school buses, in accordance with regulations and standards established by the commissioner [under subdivision one of section thirty-six hundred thirty-eight of this chapter].
2. Such public hearing, conducted upon reasonable notice, shall be held to consider: (a) whether the district shall install three-point seat safety belts on buses purchased and/or contracted for prior to [the effective date of this section] July first, two thousand nineteen and require their use; (b) when such installation shall be provided, and (c) whether use of three-point seat safety belts shall be required on all school buses within the district so equipped after a date to be determined by the board of education or board of trustees.
3. Such hearings shall consider the effect of three-point seat safety belts installation on the total number of students that can be transported on such buses.
4. Within twenty days after the public hearing, the board of education or board of trustees shall, by resolution, determine whether to require installation and use of three-point seat safety belts on some or all school buses.
5. This section shall apply only to vehicles owned or leased by school districts and nonpublic schools, and to vehicles used to perform contracts with such school districts and nonpublic schools for the purpose of transporting school children for hire.
6. Nothing in this section shall be construed to impose a duty upon boards of education or boards of trustees to provide three-point seat safety belts on school buses purchased or contracted for prior to [the effective date of this section] July first, two thousand nineteen, nor shall any board of education or board of trustees be held liable for failure to provide three-point seat safety belts pursuant to this section. A school board member or trustee shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed as a result of the provisions of this section provided that such person shall have acted in good faith. For the purpose of any proceeding, civil or criminal, the good faith of any such person shall be presumed.
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7. The provisions of this section shall not apply to school districts which are using three-point seat safety belts on school buses or have installed or have contracted for the installation of three-point seat safety belts prior to [the effective date of this section] July first, two thousand nineteen.
§ 3. This act shall take effect on the thirtieth day following a first appropriation for the school districts electing to provide for the use of three-point seat safety belts; provided that the commissioner of education shall notify the legislative bill drafting commission upon the occurrence of such appropriation in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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