2024-06

Mandate Seat Belts on All School Buses and Ensuring Compliance and Safety Measures in School Bus Transportation

Sponsored by

Del. Deni Taveras (MD)

Reported to the Caucus by the NHCSL Education Task Force

Sen. Teresa Ruiz (NJ), Chair

Unanimously ratified by the Caucus on November 23, 2024

WHEREAS, the safety of children is paramount and requires the highest standards of transport safety measures; and,

WHEREAS, the installation of three-point seat belts on school buses is proven to significantly enhance safety for children and reduce injuries in the event of accidents[1]; and,

I. Comprehensive Seat Belt Implementation on School Buses

WHEREAS, The National Transportation Safety Board (NTSB) is an independent federal agency responsible for investigating transportation accidents, determining their causes, and making safety recommendations to prevent future incidents[2]; and,

WHEREAS, this act recommends that each state put forth legislation requiring the inclusion of three-point seat belts in all newly purchased school buses, including electric vehicles, as they replace their old school buses starting after June 1, 2025; and,

WHEREAS, It was commonly known that the current compartmentalization design of school buses was sufficiently safe for children without seat belts, however as of December 4, 2022, the National Safety Board changed its position on compartmentalization[3] stating it was insufficient at protecting children on school buses, mandating three-point seat belts on school buses; and,

WHEREAS, it was found by NTSB that children had a higher likelihood of concussions on sideswiping and bus rollovers, as well as a higher mortality rate, with an average of 111 fatalities each year in school bus accidents[4]; and,

WHEREAS, the use of a three-point seat belt also reduces the likelihood of injuries resulting in the paralysis of children in accidents when compared to other seat belt options[5]; and,

WHEREAS, the use of three-point seat belts has been found to reduce behavioral problems on school buses[6]; and,

WHEREAS, nine states have already implemented seat belts on school buses: Arkansas, California, Florida, Louisiana, Nevada, New Jersey, New York, Iowa, and Texas[7]; and,

WHEREAS, it is recommended seat belts be replaced through a natural school bus replacement schedule while allowing for flexible seating if necessary, where overcrowded school districts may be an issue of concern; and,

WHEREAS, states that look to increase school bus safety must amend their educational and transportation regulations regarding school buses accordingly; and,

II. Mandatory Use of Seat Belts by All Occupants

WHEREAS, all school bus passengers should be strapped in prior to the bus going into motion, thus fostering a culture of safety; and,

WHEREAS, once passengers are educated of the importance of seat belt use, the bus passengers are exempted from traffic tickets for non-compliance, with the exemption of the bus driver (only regarding his own seat belt, not those of the bus passengers), underscoring the reality of child disobedience and commitment to still enforce safe driving measures; and,

III. Education and Training

WHEREAS, the public school safety education program will now include comprehensive instruction on the proper use of seat belts, alongside existing school bus safety protocols; and,

WHEREAS, such educational initiatives are designed to instill lifelong safety habits among students and their families to prepare them to take personal responsibility for their own safety; and,

IV. Legal and Fiscal Accountability

WHEREAS, the implementation of this policy may involve amendments to several statutes within the Education and Transportation articles of each state’s Annotated Code, reflecting a broad legislative consensus; and, legal and fiscal accountability

WHEREAS, funding for the inclusion of three-point seat belts with the natural replacement of existing buses, with provisions made to minimize financial impact on local school districts while prioritizing student safety; and,

WHEREAS, given children are children, a bus driver cannot be expected to control children while driving the bus, which is their primary responsibility,

WHEREAS, the failure of a child to stay restrained within their seat belt may not be the basis of a civil action for damages against the school bus operator, the bus operator’s employer, school, school district, or municipality; and,

WHEREAS, it is the responsibility of parents and guardians to educate their children on the importance of seat belt use in addition to receiving training if needed.

THEREFORE, BE IT RESOLVED, that the National Hispanic Caucus of State Legislators calls on states to enact mandatory installation of seat belts on all school buses as a critical measure towards ensuring the safety of our children; uphold the highest standards of safety in school transportation and contribute to the well-being and security of future generations.

THE NHCSL EDUCATION TASK FORCE, AT ITS MEETING OF JULY 5, 2024, UNANIMOUSLY RECOMMENDED THIS RESOLUTION TO THE EXECUTIVE COMMITTEE FOR APPROVAL.

THE EXECUTIVE COMMITTEE UNANIMOUSLY APPROVED THIS RESOLUTION AT ITS MEETING OF JULY 13, 2024.

THE NATIONAL HISPANIC CAUCUS OF STATE LEGISLATORS UNANIMOUSLY RATIFIED THIS RESOLUTION AT ITS ANNUAL MEETING OF NOVEMBER 23, 2024 IN DENVER, COLORADO.

[1] National Highway Traffic Safety Administration, "School Bus Safety: Crashworthiness Research," available at

https://www.ntsb.gov/Advocacy/safety-topics/Pages/schoolbuses.aspx.

[2] National Conference of State Legislatures, "School Bus Safety: Seat Belts," available at http://www.ncsl.org/research/transportation/school-bus-safety-seat-belt-laws.aspx

[3] National Transportation Safety Board, “NTSB Reiterates Call for Lap and Shoulder Seatbelts in All School Buses” (Nov 3, 2022) available at https://www.ntsb.gov/news/press-releases/Pages/NR20221103.aspx (“The NTSB is renewing its 2018 recommendation that states require passenger lap and shoulder belts on new, large school buses as well as its call to require systems that prevent lane departure on heavy vehicles, first issued in 2010 and updated in 2021.”).

[4] NHTSA’s National Center for Statistics and Analysis. Traffic Safety Facts: Seat Belt Use in 2022 — Overall Results. Report no. DOT HS 813 477. Washington, DC: National Highway Traffic Safety Administration, March 2023.

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813477.pdf (“From 2012 to 2021 there were 998 fatal school-transportation-related crashes, and 1,110 people of all ages were killed in those crashes—an average of 111 fatalities per year”).

[5] Insurance Institute for Highway Safety. "Seat Belts." Accessed June 3, 2024. https://www.iihs.org/topics/seat-belts

[6] National Conference of State Legislatures. "Should School Buses Have Seat Belts?" January 24, 2022.

https://www.ncsl.org/transportation/should-school-buses-have-seat-belts

[7] Iowa Administrative Code. Chapter 44: School Bus Safety Standards. Last modified September 23, 2020. https://www.legis.iowa.gov/docs/iac/chapter/281.44.pdf. National Conference of State Legislatures. "Should School Buses Have Seat Belts?" January 24, 2022. https://www.ncsl.org/transportation/should-school-buses-have-seat-belts