ASSEMBLY, No. 414

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman KELLY

An Act concerning the use of seat belts in school buses, amending N.J.S.18A:25-2 and P.L.1992, c.92 and supplementing chapter 37 of Title 18A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.18A:25-2 is amended to read as follows:

    18A:25-2. A teacher or other person in authority over such pupil shall hold every pupil accountable for disorderly conduct in school and during recess and on the playgrounds of the school and on the way to and from school.

    The driver shall be in full charge of the school bus at all times and shall be responsible for order; he shall never exclude a pupil from the bus, but, if unable to manage any pupil, shall report the unmanageable pupil to the principal of the school which he attends.

    A pupil may be excluded from the bus for disciplinary reasons by the principal, including refusal by the student to wear a properly adjusted and fastened seat belt while riding a school bus, and his parents shall provide for his transportation to and from school during the period of such exclusion.

(cf: P.L.1969, c.175, s.1)

    2. Section 2 of P.L.1992, c.92 (C.39:3B-11) is amended to read as follows:

    2. Beginning on September 1 of the second year next following the year of enactment of P.L.1992, c.92 (C.39:3B-10 et seq.), each passenger on a school bus which is equipped with seat belts shall wear a properly adjusted and fastened seat belt or other child restraint system that is in conformity with applicable federal standards at all times while the bus is in operation. The operator may report a student

who refuses to be secured in a seat to his supervisor or the school principal.

    Nothing in this section shall make the owner or operator of a school bus liable for failure to properly adjust and fasten a seat belt or other child restraint system that is in conformity with applicable federal standards for a passenger who sustains injury as a direct result of the passenger's failure to comply with the requirement established by this section.

(cf: P.L.1992, c.92, s.2)

    3. (New section) Whenever a pupil fails to comply with the provisions of section 2 of P.L.1992, c.92 (C.39:3B-11) requiring the pupil to be secured properly in his seat on a school bus, it shall constitute good cause for suspension of that student.

    4. This act shall take effect September 1, 1994.

STATEMENT

    Under current law, a pupil may be excluded from a school bus for disciplinary reasons by the principal, and his parents must provide for his transportation to and from school during the period of such exclusion. This bill would specify that a student may be so disciplined for the refusal by the student to wear a properly adjusted and fastened seat belt while riding a school bus. Under the bill, a student who refuses to be secured in a seat belt in a school bus which is equipped with seat belts may be reported by the bus operator to the bus operator's supervisor or the school principal. In addition, the bill provides that refusal to wear a seat belt on a bus is good cause for suspension from school.

    Under legislation recently enacted into law (P.L.1992, c.92), a school bus will soon be equipped with seat belts or restraint systems. In addition, a passenger in a school bus will have to be secured with a seat belt or restraint system whenever the bus is being operated. That law became effective September 1, 1994.

Establishes sanction for refusal to wear school bus seat belt.