What's happening
This bill makes it a crime to operate a school bus with any amount of alcohol in the driver's blood, with new penalties.
Why it matters
Expands criminal liability. By making it a crime to operate a school bus with any detectable amount of alcohol in the driver’s blood, the bill sets a "zero tolerance" standard, which is stricter than the existing legal thresholds for driving under the influence.
Imposes felony penalties. Violators will face a class E felony—which can include significant fines ($1,000–$5,000) and possible imprisonment—potentially ending careers and impacting livelihoods for even minor, non-impairing alcohol consumption.
Targets safety for children. The legislation underscores the heightened duty of care expected of school bus drivers, aiming to maximize safety for student passengers and address public concerns over child protection in school transportation.
Signals policy shift. By removing certain language and increasing penalties, the bill reflects a legislative move toward more severe consequences for risks taken by those entrusted with transporting children, possibly deterring even casual alcohol use among school bus drivers.
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Who cares
Headline styles
Zero Tolerance 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.
Ban Alcohol for Bus Drivers
In Assembly Committee · Transportation · Sponsor J. Gary Pretlow
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1150
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed 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
S. 1150 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.
Sponsor's memo
Title of bill
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
Purpose
This legislation would criminalize the operation of a school bus by a person having any amount of alcohol in his or her blood.
Summary of provisions
The Vehicle and Traffic Law is amended by adding a new subdivision 6-a to Section 1192 to criminalize the operation of a school bus by a person having any amount of alcohol in his or her blood and providing sanctions for violations.
Justification
School bus drivers play an important role in protecting our children from harm by providing a safe atmosphere on our roads. It is unconscionable that someone would endanger the lives of school children and other drivers by consuming alcohol prior to driving their school bus route. Their needs to be a zero tolerance policy when it comes to alcohol use and the safety of children.
This legislation would lower the legal blood alcohol content level (BAC) for New York State school bus operators from .04 to .00.
Legislative history
S.734 of 2015/16
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.