Mandates ignition interlock devices for school buses manufactured after July 1, 2013; authorizes school boards to determine the specifics of retrofitting school buses manufactured prior to such date; permits school boards to adopt policies requiring installation and use of such devices; provides state aid for expenses incurred for such devices.
Sponsor: MAZIARZ TRANSPORTATION
Law Section: Vehicle and Traffic Law
Law: Add S375-b, V & T L; add S3635-d, amd S3623-a, Ed L
Law Section: Vehicle and Traffic Law
Law: Add S375-b, V & T L; add S3635-d, amd S3623-a, Ed L
- Jan 4, 2012: REFERRED TO TRANSPORTATION
- Jan 5, 2011: REFERRED TO TRANSPORTATION
BILL NUMBER:S244 TITLE OF BILL: An act to amend the vehicle and traffic law and the education law, in relation to mandating ignition interlock devices for school buses PURPOSE: To phase in usage of ignition interlock devices on school buses. SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 375-b to the vehicle and traffic law to require every school bus manufactured for use in this state on and after July 1, 2013 to be equipped with a functioning ignition interlock device of a type and specification as approved by the National Highway Traffic Safety Administration and the NYS Commissioner of Transportation. Permits retrofitting of existing school buses with ignition interlock devices pursuant to action by a board of education or board of trustees under section 3635-c of the education law. Section 2 of the bill adds a new section 3635-c of the education law to permit a board of education or board of trustees, in its discretion, following a public hearing, to adopt a resolution to provide for installation and use of ignition interlock devices on school buses. Nothing in this section shall be construed to impose a duty upon boards of education or boards of trustees to provide ignition interlock devices on school buses purchased or contracted for prior to the effective date of this section, nor shall a board be held liable for failure to provide ignition interlock devices pursuant to this section. Section 3 of the bill adds a new paragraph f to section 3623-a(2) of the education law to provide state aid for expenses incurred for ignition interlock devices for school buses. Section 4 of the bill is the effective date. JUSTIFICATION: Unfortunately, even with random alcohol and drug testing of school bus drivers, there have still been incidents of school bus drivers operating school buses while driving drunk or alcohol impaired. Over the last three years, there have been six incidents in New York State reported by the media of school bus drivers conducting their routes while under the influence of alcohol. Nationwide, there have been a reported thirty-seven incidents of school bus drivers performing their duties while under the influence over the last ten years. Six reported incidents of school bus drivers driving while under the influence of alcohol are six too many. We do not know how many other incidents there may be that go undetected. School bus drivers are charged with a very important responsibility in the transportation of our most precious cargo, children. There are no excuses when a school bus driver gets behind the wheel of their bus, after they have been drinking, and proceeds to transport children on their route. Zero tolerance is the only possible policy when it comes to transporting New York's children. A man by the name of Joseph R. Argy understood the importance of safely transporting the most precious cargo in the world, children. Mr. Argy dedicated his entire life's work, over the span of forty years, to ensuring the travel safety of adults and children through his business as the owner and operator of Niagara Falls Coach Lines, Inc. Mr. Argy, concerned with increases in the occurrences of drunk driving among the general populace, began a project to develop a device which could be used to ensure members of his fleet could never get behind the wheel of a school bus while under the influence of alcohol. He was concerned, not only about the daily school route, but also when drivers provide transportation of students to extracurricular activities in which the drivers often wait for hours without supervision. His search was for a technologically advanced measure that would prevent an alcohol-impaired school bus driver from starting a school bus. He worked with manufacturers to develop an ignition interlock device for school buses. While such products are coming onto the market, it was also his goal to press for their usage. Sadly, he passed away before he could personally witness widespread use of this device, but it is a legacy his family is working to bring to fruition. This legislation phases in the use of ignition interlock devices on school buses. The devices would be of a type and specification approved by the National Highway Traffic Safety Administration and the rules and regulations of the NYS Commissioner of Transportation. By requiring the use of ignition interlock devices on school buses, we can prevent further incidents of impaired driving from alcohol which endangers the lives of other motorists, pedestrians and the children entrusted to the driver. LEGISLATIVE HISTORY: S.1453 of 2009/2010; Referred to Senate Transportation S.507-A/A.2222-A of 2007/2008; Referred to Senate Transportation S.14 of 2005/2006; Referred to Senate Transportation S.928 of 2003/2004; Referred to Senate Transportation S.4700 of 2001/2002; Referred to Senate Transportation S.5469 of 1999/2000; Referred to Senate Transportation FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect July 1, 2013 provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
S T A T E O F N E W Y O R K ________________________________________________________________________ 244 2011-2012 Regular Sessions I N SENATE (PREFILED) January 5, 2011 ___________ Introduced by Sens. MAZIARZ, ALESI, FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the vehicle and traffic law and the education law, in relation to mandating ignition interlock devices for school buses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new section 375-b to read as follows:
S 375-B. IGNITION INTERLOCK DEVICES FOR SCHOOL BUSES. 1. EVERY SCHOOL BUS, AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER, MANU- FACTURED FOR USE IN THIS STATE ON AND AFTER JULY FIRST, TWO THOUSAND THIRTEEN, SHALL BE EQUIPPED WITH A FUNCTIONING IGNITION INTERLOCK DEVICE OF A TYPE AND SPECIFICATION AS APPROVED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND THE COMMISSIONER OF TRANSPORTATION THROUGH THE ADOPTION OF RULES AND REGULATIONS. SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS FOR SETTING THE CALIBRATION AND SHALL INCLUDE, BUT NOT BE LIMITED TO, REQUIREMENTS THAT THE DEVICES:
(A) HAVE FEATURES THAT MAKE CIRCUMVENTING DIFFICULT AND THAT DO NOT INTERFERE WITH THE NORMAL OR SAFE OPERATION OF THE VEHICLE; (B) WORK ACCURATELY AND RELIABLY IN AN UNSUPERVISED ENVIRONMENT; (C) RESIST TAMPERING AND GIVE EVIDENCE IF TAMPERING IS ATTEMPTED; (D) MINIMIZE INCONVENIENCE TO A SOBER USER; (E) OPERATE RELIABLY OVER THE RANGE OF AUTOMOBILE ENVIRONMENTS; AND (F) ARE MANUFACTURED BY A PARTY COVERED BY PRODUCT LIABILITY INSUR- ANCE. 2. ANY 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-D OF THE EDUCATION LAW SHALL BE RETROFITTED SO THAT ALL SUCH VEHICLES ARE EQUIPPED WITH AN IGNITION INTERLOCKING DEVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01308-01-1 S. 244 2 3. FOR THE PURPOSES OF THIS SECTION, THE TERM "IGNITION INTERLOCKING DEVICE" SHALL MEAN A DEVICE THAT CONNECTS TO A MOTOR VEHICLE IGNITION SYSTEM AND PREVENTS THE OPERATION OF A MOTOR VEHICLE BY AN INTOXICATED OR IMPAIRED PERSON. S 2. The education law is amended by adding a new section 3635-d to read as follows:
S 3635-D. IGNITION INTERLOCK DEVICE 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 IGNITION INTERLOCK DEVICES ON SCHOOL BUSES, IN ACCORDANCE WITH REGULATIONS AND STANDARDS ESTABLISHED BY THE COMMISSION- ER OF TRANSPORTATION UNDER SUBDIVISION ONE OF SECTION THREE HUNDRED SEVENTY-FIVE-B OF THE VEHICLE AND TRAFFIC LAW. 2. SUCH PUBLIC HEARING, CONDUCTED UPON REASONABLE NOTICE, SHALL BE HELD TO CONSIDER: (A) WHETHER THE DISTRICT SHALL INSTALL IGNITION INTER- LOCK DEVICES ON BUSES PURCHASED AND/OR CONTRACTED FOR PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND REQUIRE THEIR USE; (B) WHEN SUCH INSTALLATION SHALL BE PROVIDED; AND (C) WHETHER USE OF IGNITION INTER- LOCK DEVICES 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. 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 IGNITION INTERLOCK DEVICES ON SOME OR ALL SCHOOL BUSES. 4. 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. 5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPOSE A DUTY UPON BOARDS OF EDUCATION OR BOARDS OF TRUSTEES TO PROVIDE IGNITION INTERLOCK DEVICES ON SCHOOL BUSES PURCHASED OR CONTRACTED FOR PRIOR TO THE EFFEC- TIVE DATE OF THIS SECTION, NOR SHALL ANY BOARD OF EDUCATION OR BOARD OF TRUSTEES BE HELD LIABLE FOR FAILURE TO PROVIDE IGNITION INTERLOCK DEVICES 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. 6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SCHOOL DISTRICTS THAT ARE USING IGNITION INTERLOCK DEVICES ON SCHOOL BUSES OR HAVE INSTALLED OR HAVE CONTRACTED FOR THE INSTALLATION OF IGNITION INTERLOCK DEVICES PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. S 3. Subdivision 2 of section 3623-a of the education law is amended by adding a new paragraph f to read as follows:
F. EXPENSES INCURRED FOR IGNITION INTERLOCK DEVICES FOR SCHOOL BUSES IN ACCORDANCE WITH SECTION THREE HUNDRED SEVENTY-FIVE-B OF THE VEHICLE AND TRAFFIC LAW AND SECTION THIRTY-SIX HUNDRED THIRTY-FIVE-D OF THIS ARTICLE, AS APPROVED PURSUANT TO REGULATIONS OF THE COMMISSIONER OF TRANSPORTATION. S 4. This act shall take effect July 1, 2013; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date is authorized and directed to be made and completed on or before such effective date.