BILL NUMBER: S9361
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to seat belts
on charter buses
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill requires charter bus passengers aged 8 years or
older to wear seat belts and provides that police officers may only
issue tickets for a violation by a person aged 8 to 15 years to such
person's parent or guardian if the violation occurred in such parent or
guardian's presence and the parent or guardian is at least 18 years old.
Section two of the bill defines "charter bus" as a bus manufactured or
assembled on or after November 28, 2016, transporting passengers for
compensation in a chartered party, and defines "chartered party."
Section three provides that violations are subject to a maximum $50 fine
and establishes an affirmative defense that the charter bus was not
equipped with seat belts, or the seat belts were not clearly visible,
accessible, or maintained in good working order. This section also
provides a technical amendment to remove charter buses from a provision
of law that exempts buses other than school buses from the seat belt
Law.
Section four provides the effective date.
 
JUSTIFICATION:
On September 21, 2023 a charter bus carrying students and staff from
Farmingdale High School crashed while on route to a band camp. Trag-
ically, two adult chaperones on the trip were fatally injured. This and
other recent charter bus crashes show the importance of wearing seatbe-
lts in motor vehicles. Federal law requires that charter buses have
these belts installed but does not require that they be used. The matter
has been left to the states. California requires passengers in charter
buses to use seatbelts.
This legislation would require charter bus passengers 8 years of age or
older to use seat belts provided. It is modeled on other laws recently
passed in NY that expanded seatbelt use in stretch limousines, taxis and
livery vehicles. Seatbelts save lives and this legislation will prevent
further loss of life in crashes involving charter buses.
 
PRIOR LEGISLATIVE HISTORY:
S.8610
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

Statutes affected:
S9361: 1229-c vehicle and traffic law