Existing law requires that schoolbuses manufactured on or after July 1, 2004, or July 1, 2005, depending on vehicle capacity and weight, and purchased or leased for use in California be equipped with a passenger restraint system, as specified, at all designated seating positions, unless specifically prohibited by the National Highway Traffic Safety Administration. Existing law makes a violation of these requirements a crime.

This bill would require that, on or before July 1, 2035, all schoolbuses in use in California be equipped with a passenger restraint system, as defined. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires that schoolbuses manufactured on or after July 1, 2004, or July 1, 2005, depending on vehicle capacity and weight, and purchased or leased for use in California be equipped with a passenger restraint system, as specified, at all designated seating positions, unless specifically prohibited by the National Highway Traffic Safety Administration. Existing law makes a violation of these requirements a crime.

This bill would require that, on or before July 1, 2035, all schoolbuses in use in California be equipped with a passenger restraint system, as defined. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires that schoolbuses manufactured on or after July 1, 2004, or July 1, 2005, depending on vehicle capacity and weight, and purchased or leased for use in California be equipped with a passenger restraint system, as specified, at all designated seating positions, unless specifically prohibited by the National Highway Traffic Safety Administration. A Existing law makes a violation of these provisions is requirements a crime.

This bill would require, no later than January 1, 2028, any schoolbus used for the transportation of any pupil attending a public or private primary or secondary school to be equipped with passenger restraint systems. The bill would authorize the person or entity owning or operating a schoolbus to comply with the passenger safety restraint requirement either through retrofitting existing schoolbuses or purchasing new schoolbuses. require that, on or before July 1, 2035, all schoolbuses in use in California be equipped with a passenger restraint system, as defined. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires that schoolbuses manufactured on or after July 1, 2004, or July 1, 2005, depending on vehicle capacity and weight, and purchased or leased for use in California be equipped with a passenger restraint system, as specified, at all designated seating positions, unless specifically prohibited by the National Highway Traffic Safety Administration. A violation of these provisions is a crime.

This bill would require, no later than January 1, 2028, any schoolbus used for the transportation of any pupil attending a public or private primary or secondary school to be equipped with passenger restraint systems. The bill would authorize the person or entity owning or operating a schoolbus to comply with the passenger safety restraint requirement either through retrofitting existing schoolbuses or purchasing new schoolbuses. Because a violation of the bills requirements would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

 THIRD READING  

Bill No: AB 1798

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 13-0, 6/19/18

AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/29/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires all schoolbuses in use in California to be equipped with a passenger restraint system by July 1, 2035.

ANALYSIS:

Existing law:

1. Requires all schoolbuses purchased or leased for use in California to be equipped at all designated seating positions with a combination pelvic and upper torso passenger restraint system, unless specifically prohibited by the National Highway Traffic Safety Administration (NHTSA).
2. Declares the intent of the Legislature that school pupil transportation providers ensure that elementary level schoolbus passengers receive first priority for new schoolbuses whenever feasible.

This bill requires, on or before July 1, 2035, all schoolbuses in use in California to be equipped with a passenger restraint system.

Comments

1. Purpose. According to the author, “We must do everything we can to prevent injuries and fatalities and ensure that children safely travel to and from school. Seatbelts save lives and various studies and reports agree. This bill will ensure that all students have equal access to the safest form of school transportation.”
2. Seat belts are already mandated on newly purchased schoolbuses. In 1999, the Legislature passed and Governor Davis signed AB 15 (Gallegos, Chapter 648, Statutes of 1999), which required all schoolbuses purchased or leased for use in California to have a seatbelt, starting in 2002 or 2003, depending on the type of schoolbus. The following year the Legislature extended the requirement to 2004 or 2005 in anticipation of a study conducted by the NHTSA on whether seatbelts were necessary in schoolbuses.
3. Early NHTSA stance. In 2002 NHTSA released their report concluding that lap belts appear to have little, if any, benefit in reducing serious-to-fatal injuries in severe frontal crashes. NHTSA recognized that schoolbus transportation is one of the safest forms of transportation in the United States. Because of the use of compartmentalization, schoolbuses are significantly safer than cars or trucks. Schoolbus seats, made with an energy-absorbing steel inner structure and high, padded seat backs, are secured to the schoolbus floor. Students are protected within the seating compartment much like eggs in a carton. According to NHTSA, American students are nearly eight times safer riding in a schoolbus than in their own family cars.

The fatality rate for schoolbuses is only 0.2 fatalities per 100 million vehicle miles traveled (VMT), compared to 1.5 fatalities per 100 million VMT for cars. In nearly 10 years, 174 pupils in schoolbuses lost their lives in traffic accidents, compared to an estimated 40,200 traffic fatalities overall in 2016 alone.

1. More recent NHTSA policy. Recently, however, NHTSA has changed its stance on seatbelts in schoolbuses. In 2015 the NHTSA administrator stated, “The position of the National Highway Traffic Safety Administration is that seat belts save lives …. So NHTSA’s policy is that every child on every school bus should have a three-point seat belt.”

The National Transportation Safety Board also recognizes the benefits of seatbelts on schoolbuses and states, “Although schoolbuses are extremely safe, we have investigated schoolbus crashes in which children were injured and even killed. These were typically side-impact crashes or high-speed rollovers. In these accidents, compartmentalization was not enough to prevent all injuries; for some of the children involved, a seat belt could have lessened their injuries or even saved their lives. As a result of our schoolbus crash investigations, we believe — and have recommended — that, when investing in new schoolbuses, the purchased vehicles should provide children with the best protection available, which includes 3-point seat belts.”

1. Already Making Progress. According to the California Highway Patrol (CHP), the number of schoolbuses with passenger restraint systems has increased steadily since requiring new schoolbuses to have seatbelts. The percentage of schoolbuses equipped with restraint systems increased from around 7.4 percent (1,900 out of 25,822) in 2007 to around 54.4 percent (10,710 out of 19,690) in 2016. Based on current trends, CHP estimates that by 2025, around 90% of schoolbuses could be equipped with restraint systems.
2. Any Burden on Schools? A schoolbus generally has a useful life of about 30 years. Because all school buses purchased in California have included seatbelts since 2005, by 2035 all older schoolbuses that do not have seatbelts will have reached the end of their expected useful life. However, it is possible that some school districts would have used a small number of these older buses beyond their expected useful lives and will instead, because of this bill, need to replace these schoolbuses by 2035.

Related/Prior Legislation

SB 20 (Hill, Chapter 593, Statutes of 2017) required certain passengers of buses to wear a seatbelt if a seatbelt is equipped. This law excludes schoolbuses.

AB 692 (Chu, 2017) would have required school districts to provide information to the California Department of Education and the CHP to formulate a plan to have all schoolbuses equipped with passenger restraint systems by January 1, 2023. AB 692 was held on the Senate Appropriations Committee suspense file.

SB 568 (Morrow, Chapter 581, Statutes of 2001) delayed the AB 15 implementaion deadlines until July 1, 2005, for type 1 schoolbuses, and July 1, 2004, for type 2 schoolbuses.

AB 15 (Gallegos, Chapter 648, Statutes of 1999) required all schoolbuses manufactured by specified dates to be equipped with passenger restraint systems.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/6/18)

American Academy of Pediatrics

California Medical Association

County Health Executives Association of California

OPPOSITION: (Verified 8/6/18)

None received

ASSEMBLY FLOOR: 76-0, 5/29/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Kiley, Obernolte

Prepared by:

8/8/18 11:13:53

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 6/19/2018

SUBJECT:

DIGEST: This bill requires all schoolbuses in use in California to be equipped with a passenger restraint system by July 1, 2035.

ANALYSIS:

Existing law:

1. Requires all schoolbuses purchased or leased for use in California to be equipped at all designated seating positions with a combination pelvic and upper torso passenger restraint system, unless specifically prohibited by the National Highway Traffic Safety Administration (NHTSA).
2. Declares the intent of the Legislature that school pupil transportation providers ensure that elementary level schoolbus passengers receive first priority for new schoolbuses whenever feasible.

This bill requires, on or before July 1, 2035, all schoolbuses in use in California to be equipped with a passenger restraint system.

COMMENTS

1. Author’s statement: “We must do everything we can to prevent injuries and fatalities and ensure that children safely travel to and from school. Seatbelts save lives and various studies and reports agree. This bill will ensure that all students have equal access to the safest form of school transportation.”
2. Seat belts are already mandated on newly purchased schoolbuses. In 1999, the Legislature passed and Governor Davis signed AB 15 (Gallegos), Chapter 648, Statutes of 1999, which required all schoolbuses purchased or leased for use in California to have a seatbelt, starting in 2002 or 2003, depending on the type of schoolbus. The following year the Legislature extended the requirement to 2004 or 2005 in anticipation of a study conducted by the National Highway Traffic Safety Administration (NHTSA) on whether seatbelts were necessary in schoolbuses.
3. Early NHTSA stance. In 2002 NHTSA released their report concluding that lap belts appear to have little, if any, benefit in reducing serious-to-fatal injuries in severe frontal crashes. NHTSA recognized that schoolbus transportation is one of the safest forms of transportation in the United States. Because of the use of compartmentalization, schoolbuses are significantly safer than cars or trucks. Schoolbus seats, made with an energy-absorbing steel inner structure and high, padded seat backs, are secured to the schoolbus floor. Students are protected within the seating compartment much like eggs in a carton. According to NHTSA, American students are nearly eight times safer riding in a schoolbus than in their own family cars.

The fatality rate for schoolbuses is only 0.2 fatalities per 100 million vehicle miles traveled (VMT), compared to 1.5 fatalities per 100 million VMT for cars. In nearly 10 years, 174 pupils in schoolbuses lost their lives in traffic accidents, compared to an estimated 40,200 traffic fatalities overall in 2016 alone.

1. More recent NHTSA policy. Recently, however, NHTSA has changed its stance on seatbelts in schoolbuses. In 2015 the NHTSA administrator stated, “The position of the National Highway Traffic Safety Administration is that seat belts save lives …. So NHTSA’s policy is that every child on every school bus should have a three-point seat belt.”

The National Transportation Safety Board also recognizes the benefits of seatbelts on schoolbuses and states, “Although schoolbuses are extremely safe, we have investigated schoolbus crashes in which children were injured and even killed. These were typically side-impact crashes or high-speed rollovers. In these accidents, compartmentalization was not enough to prevent all injuries; for some of the children involved, a seat belt could have lessened their injuries or even saved their lives. As result of our schoolbus crash investigations, we believe—and have recommended—that, when investing in new schoolbuses, the purchased vehicles should provide children with the best protection available, which includes 3-point seat belts.”

1. Other states. California, Arkansas, Florida, Louisiana, New Jersey, New York, and Texas have passed some variation of a requirement for schoolbuses to have seatbelts.
2. Just how prevalent are schoolbuses without seatbelts? According to the California Highway Patrol (CHP), the number of schoolbuses with passenger restraint systems has increased steadily since requiring new schoolbuses to have seatbelts. The percentage of schoolbuses equipped with restraint systems increased from around 7.4 percent (1,900 out of 25,822) in 2007 to around 54.4 percent (10,710 out of 19,690) in 2016. Based on these numbers, the CHP estimates that by 2025, around 90% of schoolbuses could be equipped with restraint systems.
3. At what price? According to the Assembly Appropriations Committee analysis, the bill will result in cost pressures to school districts that do not otherwise plan to replace buses that do not have seatbelts by 2035. A schoolbus generally has a useful life of about 30 years. Because all school buses purchased in California have included seatbelts since 2005, by 2035 all older schoolbuses that do not have seatbelts will have reached the end of their expected useful life. However, it is possible that some school districts would otherwise use a small number of these older buses beyond their expected useful lives and will instead need to replace these schoolbuses sooner. If, for example, only 10 schoolbuses had to be replaced earlier than planned as a result of this bill, the aggregate replacement cost would be $3 million, assuming a $300,000 price tag for each schoolbus.

Related Legislation:

AB 692 (Chu, 2017) — would have required school districts to provide information to the California Department of Education (CDE) and the CHP to formulate a plan to have all schoolbuses equipped with passenger restraint systems by January 1, 2023. AB 692 was held on the Senate Appropriations Committee suspense file.

AB 15 (Gallegos, Chapter 648, Statutes of 1999) — required all schoolbuses manufactured by specified dates to be equipped with passenger restraint systems.

SB 568 (Morrow, Chapter 581, Statutes of 2001) — delayed the AB 15 implementaion deadlines until July 1, 2005 for type 1 schoolbuses, and July 1, 2004 for type 2 schoolbuses.

SB 20 (Hill, Chapter 593, Statutes of 2017) — required certain passengers of buses to wear a seatbelt if a seatbelt is equipped. This law excludes schoolbuses.

ASSEMBLY VOTES:

Floor: 76-0

Education: 6-0

Transportation: 13-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 13, 2018.)

SUPPORT:

American Academy of Pediatrics

California Medical Association

County Health Executives Association of California

OPPOSITION:

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1798

Author:(Chu)

As Amended Ver:March 14, 2018

Majority vote

SUMMARY: Requires all school buses to have seatbelts by July 1, 2035. Specifically, this bill:

1. Requires a person or public or private entity that owns or operates a school bus that is used for the transportation of a pupil attending a public or private primary or secondary school to be equipped with a passenger restraint system for all designated seating positions.
2. Requires the passenger restraint system to be in compliance with federal motor vehicle safety standards as those standards were in effect on the date the school bus was manufactured.
3. Provides that an individual may comply with this section by either retrofitting any non-compliant school bus with passenger restraint systems at all designated seating positions, or replacing any non-compliant school bus with a school bus equipped with passenger restraint systems at all designated seating positions.
4. Provides that a person, school district, or organization, with respect to a school bus with passenger restraint system shall not be charged with a violation of this code or regulation adopted requiring a passenger to use a passenger restraint system, if a passenger on the school bus fails to use or improperly uses the passenger restraint system.

FISCAL EFFECT: According to the Assembly Appropriations Committee, cost pressures (General Fund (GF)/Proposition 98) to school districts that do not otherwise plan to replace buses that do not have seatbelts by 2035. A school bus generally has a useful life of about 30 years. Because all school buses sold in California have included seatbelts since 2005, by 2035 all older school buses that do not have seatbelts will have reached the end of their expected useful life. However, it is possible that some school districts would otherwise use a small number of these older buses beyond the expected useful life and will instead need to use GF/Proposition 98 funds to replace these school buses sooner. For example, if only 10 school buses would not otherwise be replaced by 2035 the cost to replace these school buses sooner in order to meet the 2035 timeline would be $3,000,000, assuming $300,000 cost for each school bus.

COMMENTS: In 1999, the Legislature passed and Governor Davis signed AB 15 (Gallegos), Chapter 648, Statutes of 1999, which required all school buses purchased or leased for use in California to have a seatbelt by 2002 or 2003, depending on the type of school bus. The following year the legislature extended the requirement to 2004 or 2005 in anticipation of a study conducted by the National Highway Traffic Safety Administration (NHTSA) on whether seatbelts were necessary in school buses.

In 2002 NHTSA released their report concluding that lap belts appear to have little, if any, benefit in reducing serious-to-fatal injuries in severe frontal crashes. NHTSA recognized that school bus transportation is one of the safest forms of transportation in the United States. Because of the use of compartmentalization, school buses are significantly safer than cars or trucks. School bus seats, made with an energy-absorbing steel inner structure and high, padded seat backs, are secured to the school bus floor. Students are protected within the seating compartment much like eggs in a carton. According to NHTSA, American students are nearly eight times safer riding in a school bus than with their own parents and guardians in cars.

The fatality rate for school buses is only 0.2 fatalities per 100 million vehicle miles traveled (VMT), compared to 1.5 fatalities per 100 million VMT for cars. In nearly 10 years, the fatality rate for pupils in school buses was 174, compared to an estimated 40,200 traffic fatalities in 2016 alone.

Recently, however, NHTSA has changed course on its stance on seatbelts in school buses. In 2015 the NHTSA administrator stated, "The position of the National Highway Traffic Safety Administration is that seat belts save lives …. So NHTSA’s policy is that every child on every school bus should have a three-point seat belt."

The National Transportation Safety Board has also recognizes the benefits of seatbelts on school buses and states, "Although school buses are extremely safe, we have investigated school bus crashes in which children were injured and even killed. These were typically side-impact crashes or high-speed rollovers. In these accidents, compartmentalization was not enough to prevent all injuries; for some of the children involved, a seat belt could have lessened their injuries or even saved their lives. As result of our school bus crash investigations, we believe—and have recommended—that, when investing in new school buses, the purchased vehicles should provide children with the best protection available, which includes 3-point seat belts."

California, Arkansas, Florida, Louisiana, New Jersey, New York, and Texas have passed some variation of a requirement for school buses to have seatbelts. At least 29 states introduced legislation last year to mandate seatbelts.

According to the California Highway Patrol (CHP), the number of school buses with passenger restraint systems has increased steadily since requiring new school buses to have seatbelts. The percentage of school buses equipped with restraint systems increased from around 7.4% (1,900 out of 25,822) in 2007 to around 54.4% (10,710 out of 19,690) in 2016. Based on these numbers, the CHP estimates that by 2025, around 90% of school buses could be equipped with restraint systems.

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093 FN: 0003068

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1798

Author:(Chu) – As Amended Ver:March 14, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires all school buses to have seatbelts by July 1, 2035.

FISCAL EFFECT:

Cost pressures (GF/Proposition 98) to school districts that do not otherwise plan to replace buses that do not have seatbelts by 2035. A school bus generally has a useful life of about 30 years. Because all school buses sold in California have included seatbelts since 2005, by 2035 all older school buses that do not have seatbelts will have reached the end of their expected useful life. However, it is possible that some school districts would otherwise use a small number of these older buses beyond the expected useful life and will instead need to use GF/Proposition 98 funds to replace these school buses sooner. For example, if only 10 school buses would not otherwise be replaced by 2035 the cost to replace these school buses sooner in order to meet the 2035 timeline would be $3,000,000, assuming $300,000 cost for each school bus.

COMMENTS:

1. Background. Under federal law, all small school buses (under 10,000 pounds) must be equipped with a seatbelt at each seating position on the bus. For larger school buses, state law requires school buses purchased or leased after 2004 or 2005 (depending on the various types of buses) to have seatbelts at all seating positions. School bus manufacturers have been selling only seatbelt-equipped buses in California since these laws went into effect. As a result, many school buses in the state have seatbelts. However, some older school buses, which were purchased prior to 2004, are still being operated without seatbelts. In a recent study, CHP found that in 2016 more than 54% of school buses on the road had seatbelts. CHP estimates that by 2025, 90% of all school buses will have seatbelts.
2. Purpose. This bill requires all school buses to have seatbelts by July 1, 2035, essentially requiring schools with older buses that do not have seatbelts to replace these buses by 2035.
3. Prior legislation. AB 692 (Chu), of the current legislative session, requires school districts to provide information to the California Department of Education (CDE) and the CHP to formulate a plan to have all school buses equipped with passenger restraint systems by January 1, 2023. AB 692 was held on the Senate Appropriations Committee suspense file.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: April 11, 2018

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1798 (

Author:Chu) – As Amended Ver:March 14, 2018

[This bill was double referred to the Assembly Transportation Committee and was heard by that committee as it applies to issues within its jurisdiction.]

SUBJECT: Schoolbuses: passenger restraint systems

SUMMARY: Requires all school buses to have seatbelts by July 1, 2035. Specifically, this bill:

1. Requires a person or public or private entity that owns or operates a school bus that is used for the transportation of a pupil attending a public or private primary or secondary school to be equipped with a passenger restraint system for all designated seating positions.
2. Requires the passenger restraint system to be in compliance with federal motor vehicle safety standards as those standards were in effect on the date the school bus was manufactured.
3. Provides that an individual may comply with this section by either retrofitting any non-compliant school bus with passenger restraint systems at all designated seating positions, or replacing any non-compliant school bus with a school bus equipped with passenger restraint systems at all designated seating positions.
4. Provides that a person, school district, or organization, with respect to a school bus with passenger restraint system shall not be charged with a violation of this code or regulation adopted requiring a passenger to use a passenger restraint system, if a passenger on the school bus fails to use or improperly uses the passenger restraint system.

EXISTING LAW:

Existing federal law requires that small school buses (10,000 pounds or less) be equipped with a seatbelt at each seating position.

Existing state law:

1. Requires all school buses purchased or leased for use in California to be equipped at all designated seating positions with a combination pelvic and upper torso passenger restraint system by 2004 or 2005 depending on the type of school bus.
2. Prohibits a person, school district, or organization from being charged for a violation of a requirement of a passenger to use a passenger restraint system if a passenger on the school bus fails to use or improperly uses the passenger restraint system.
3. States the intent of the Legislature that school pupil transportation providers work to ensure that elementary level school bus passengers receive first priority for new school buses whenever feasible, as specified.

FISCAL EFFECT: Legislative Counsel has keyed this bill a state-mandated local program

COMMENTS: In 1999, the Legislature passed and Governor Davis signed AB 15 (Gallegos), Chapter 648, Statutes of 1999, which required all school buses purchased or leased for use in California to have a seatbelt by 2002 or 2003, depending on the type of school bus. The following year the legislature extended the requirement to 2004 or 2005 in anticipation of a study conducted by the National Highway Traffic Safety Administration (NHTSA) on whether seatbelts were necessary in school buses.

In 2002 NHTSA released their report concluding that lap belts appear to have little, if any, benefit in reducing serious-to-fatal injuries in severe frontal crashes. NHTSA recognized that school bus transportation is one of the safest forms of transportation in the United States. Because of the use of compartmentalization, school buses are significantly safer than cars or trucks. School bus seats, made with an energy-absorbing steel inner structure and high, padded seat backs, are secured to the school bus floor. Students are protected within the seating compartment much like eggs in a carton. According to NHTSA, American students are nearly eight times safer riding in a school bus than with their own parents and guardians in cars.

The fatality rate for school buses is only .2 fatalities per 100 million vehicle miles traveled (VMT), compared to 1.5 fatalities per 100 million VMT for cars. In nearly 10 years, the fatality rate for pupils in school buses was 174, compared to an estimated 40,200 traffic fatalities in 2016 alone.

Recently, however, NHTSA has changed course on its stance on seatbelts in school buses. In 2015 the NHTSA administrator stated, “The position of the National Highway Traffic Safety Administration is that seat belts save lives …. So NHTSA’s policy is that every child on every school bus should have a three-point seat belt.”

The National Transportation Safety Board has also recognizes the benefits of seatbelts on school buses and states, “Although school buses are extremely safe, we have investigated school bus crashes in which children were injured and even killed. These were typically side-impact crashes or high-speed rollovers. In these accidents, compartmentalization was not enough to prevent all injuries; for some of the children involved, a seat belt could have lessened their injuries or even saved their lives. As result of our school bus crash investigations, we believe—and have recommended—that, when investing in new school buses, the purchased vehicles should provide children with the best protection available, which includes 3-point seat belts.”

California, Arkansas, Florida, Louisiana, New Jersey, New York, and Texas have passed some variation of a requirement for school buses to have seatbelts. At least 29 states introduced legislation last year to mandate seatbelts.

According to the California Highway Patrol (CHP), the number of school buses with passenger restraint systems has increased steadily since requiring new school buses to have seatbelts. The percentage of school buses equipped with restraint systems increased from around 7.4 percent (1,900 out of 25,822) in 2007 to around 54.4 percent (10,710 out of 19,690) in 2016. Based on these numbers, the CHP estimates that by 2025, around 90% of school buses could be equipped with restraint systems.

Related legislation. AB 692 (Chu) of 2017, would have required school districts to provide information to the California Department of Education (CDE) and the CHP to formulate a plan to have all school buses equipped with passenger restraint systems by January 1, 2023. AB 692 was held on the Senate Appropriations Committee suspense file.

AB 15 (Gallegos), Chapter 648, Statutes of 1999, requires all school buses manufactured on or after a certain date to be equipped with passenger restraint systems.

SB 568 (Morrow), Chapter 581, Statutes of 2001, delayed the effective date for the requirement for all school buses to be manufactured with seatbelts to July 1, 2005 for type 1 school buses, and July 1, 2004 for type 2 school buses.

SB 20 (Hill), Chapter 593, Statutes of 2017, requires certain passengers of buses to wear a seatbelt if a seatbelt is equipped. This law excludes school buses.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics

California Medical Association

County Health Executives Association of California

Opposition

None received

Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087

Date of Hearing: March 19, 2018

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1798 (

Author:Chu) – As Amended Ver:March 14, 2018

SUBJECT: Schoolbuses: passenger restraint systems

SUMMARY: Requires all school buses to have seatbelts by July 1, 2035. Specifically, this bill:

1. Requires a person or public or private entity that owns or operates a school bus that is used for the transportation of a pupil attending a public or private primary or secondary school to be equipped with a passenger restraint system for all designated seating positions.
2. Requires the passenger restraint system to be in compliance with federal motor vehicle safety standards as those standards were in effect on the date the school bus was manufactured.
3. Provides that an individual may comply with this section by either retrofitting any non-compliant school bus with passenger restraint systems at all designated seating positions, or replacing any non-compliant school bus with a school bus equipped with passenger restraint systems at all designated seating positions.
4. Provides that a person, school district, or organization, with respect to a school bus with passenger restraint system shall not be charged with a violation of this code or regulation adopted requiring a passenger to use a passenger restraint system, if a passenger on the school bus fails to use or improperly uses the passenger restraint system.

EXISTING LAW:

Existing federal law requires that small school buses (10,000 pounds or less) be equipped with a seatbelt at each seating position.

Existing state law:

1. Requires all school buses purchased or leased for use in California to be equipped at all designated seating positions with a combination pelvic and upper torso passenger restraint system by 2004 or 2005 depending on the type of school bus.
2. Prohibits a person, school district, or organization from being charged for a violation of a requirement of a passenger to use a passenger restraint system if a passenger on the school bus fails to use or improperly uses the passenger restraint system.
3. States the intent of the Legislature that school pupil transportation providers work to ensure that elementary level school bus passengers receive first priority for new school buses whenever feasible, as specified.

FISCAL EFFECT: Unknown

COMMENTS: In 1999, the Legislature passed and Governor Davis signed AB 15 (Gallegos), Chapter 648, Statutes of 1999, which required all school buses purchased or leased for use in California to have a seatbelt by 2002 or 2003, depending on the type of school bus. The following year the legislature extended the requirement to 2004 or 2005 in anticipation of a study conducted by the National Highway Traffic Safety Administration (NHTSA) on whether seatbelts were necessary in school buses.

In 2002 NHTSA released their report concluding that lap belts appear to have little, if any, benefit in reducing serious-to-fatal injuries in severe frontal crashes. NHTSA recognized that school bus transportation is one of the safest forms of transportation in the United States. Because of the use of compartmentalization, school buses are significantly safer than cars or trucks. School bus seats, made with an energy-absorbing steel inner structure and high, padded seat backs, are secured to the school bus floor. Students are protected within the seating compartment much like eggs in a carton. According to NHTSA, American students are nearly eight times safer riding in a school bus than with their own parents and guardians in cars.

The fatality rate for school buses is only .2 fatalities per 100 million vehicle miles traveled (VMT), compared to 1.5 fatalities per 100 million VMT for cars. In nearly 10 years, the fatality rate for pupils in school buses was 174, compared to an estimated 40,200 traffic fatalities in 2016 alone.

Recently, however, NHTSA has changed course on its stance on seatbelts in school buses. In 2015 the NHTSA administrator stated, “The position of the National Highway Traffic Safety Administration is that seat belts save lives …. So NHTSA’s policy is that every child on every school bus should have a three-point seat belt.”

The National Transportation Safety Board has also recognizes the benefits of seatbelts on school buses and states, “Although school buses are extremely safe, we have investigated school bus crashes in which children were injured and even killed. These were typically side-impact crashes or high-speed rollovers. In these accidents, compartmentalization was not enough to prevent all injuries; for some of the children involved, a seat belt could have lessened their injuries or even saved their lives. As result of our school bus crash investigations, we believe—and have recommended—that, when investing in new school buses, the purchased vehicles should provide children with the best protection available, which includes 3-point seat belts.”

California, Arkansas, Florida, Louisiana, New Jersey, New York, and Texas have passed some variation of a requirement for school buses to have seatbelts. At least 29 states introduced legislation last year to mandate seatbelts.

According to the California Highway Patrol (CHP), the number of school buses with passenger restraint systems has increased steadily since requiring new school buses to have seatbelts. The percentage of school buses equipped with restraint systems increased from around 7.4 percent (1,900 out of 25,822) in 2007 to around 54.4 percent (10,710 out of 19,690) in 2016. Based on these numbers, the CHP estimates that by 2025, around 90% of school buses could be equipped with restraint systems.

Double referral: This bill will be referred to the Assembly Education Committee should it pass out of this committee.

Previous legislation: AB 692 (Chu) of 2017, would have required school districts to provide information to the California Department of Education (CDE) and the CHP to formulate a plan to have all school buses equipped with passenger restraint systems by January 1, 2023. AB 692 was held on the Senate Appropriations Committee suspense file.

AB 15 (Gallegos), Chapter 648, Statutes of 1999, requires all school buses manufactured on or after a certain date to be equipped with passenger restraint systems.

SB 568 (Morrow), Chapter 581, Statutes of 2001, delayed the effective date for the requirement for all school buses to be manufactured with seatbelts to July 1, 2005 for type 1 school buses, and July 1, 2004 for type 2 school buses.

SB 20 (Hill), Chapter 593, Statutes of 2017, requires certain passengers of buses to wear a seatbelt if a seatbelt is equipped. This law excludes school buses.

REGISTERED SUPPORT / OPPOSITION:

Support

County Health Executives Association of California

Opposition

School Transportation Coalition

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093