SENATE, No. 77

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator BASSANO

 

 

An Act concerning the use of seat belts in school buses, amending N.J.S.18A:25-2, supplementing chapter 37 and chapter 39 of Title 18A of the New Jersey Statutes, and repealing section 2 of P.L.1992, c.92.

 

    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. (New section) 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.

    This section shall be enforced pursuant to the provisions of Title 18A of the New Jersey Statutes; the enforcement provisions of Title 39 of the Revised Statutes shall not be applicable.

 

    3. (New section) Whenever a pupil fails to comply with the provisions of section 2 of P.L. ,c. (C. ) (now pending before the Legislature as this bill) 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. Section 2 of P.L.1992, c.92 (C.39:3B-11) is hereby repealed.

 

    5. This act shall take effect immediately.

 

 

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 provides 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 provisions of 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.

 

 

 

Establishes sanction for refusal to wear school bus seat belt.