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A4412Assembly2019-2020 Session

Zero Tolerance for Bus Drivers

Official title

“Criminalizes the operation of a school bus by a person having any amount of alcohol in his or her blood and providing sanctions for violations”

Sponsor J. Gary PretlowAD-89Affects Transportation
Status
In Assembly Committee
Transportation
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill makes it a felony to operate a school bus with any alcohol in the driver's blood and sets penalties for violations.

Why it matters

  1. Zero-tolerance policy for bus drivers. The bill introduces a strict "per se" rule that makes it illegal for anyone to operate a school bus with any detectable amount of alcohol in their system—removing any leeway for low blood alcohol levels that might be permitted for other drivers.

  2. Felony-level consequences. Violating this zero-tolerance standard while transporting at least one student is classified as a class E felony, subject to fines between $1,000 and $5,000 and possible imprisonment, elevating the legal risk for bus drivers and sending a strong deterrent message.

  3. Stricter focus on student safety. By specifically targeting school bus operations, the bill reflects heightened concern for the safety of children, recognizing the unique trust and responsibility placed on drivers transporting students.

  4. Clearer legal standards and enforcement. The bill removes and amends previous language to streamline the law, making enforcement more straightforward and ensuring that school bus drivers are held to the highest standard regarding alcohol use.

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Who cares

  • School bus drivers

    The bill would prohibit driving a school bus with any amount of alcohol in the blood shown by chemical analysis, even without student passengers aboard.

  • Students and their families

    Driving a school bus with any alcohol in the blood while carrying at least one student would be a class E felony, punishable by a $1,000–$5,000 fine, imprisonment or both.

  • Prosecutors and defense attorneys

    The bill would replace existing school-bus felony provisions for specified impaired-driving offenses with the new alcohol prohibition and remove the separate class D felony provision.

  • Department of Motor Vehicles

    The bill would remove the specified one-year license-revocation provision for school-bus offenses while retaining the three-year provision for drivers sentenced under the cited repeat-offense provision.

Headline styles

Zero Tolerance for Bus Drivers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
J. Gary Pretlow

Assembly Member · Assembly District 89

Chair, Ways and Means

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4412

2019-2020 Regular Sessions

IN ASSEMBLY

February 4, 2019

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.

LBD04970-01-9

A. 4412 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.