SB 20: Vehicles: buses: seatbelts.

Existing law prohibits a person from operating a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. Existing law makes the violation of this provision an infraction.

This bill would also require a passenger who is 16 years of age or older in a bus that is equipped with safety belts to be properly restrained by a safety belt and would require a motor carrier to maintain those safety belts in good working order for the use of the passengers. The bill would prohibit a parent, legal guardian, or chartering party from transporting on a bus that is equipped with safety belts, or permitting to be transported on a bus that is equipped with safety belts, a child, ward, or passenger who is 8 years of age or older, but under 16 years of age, unless he or she is properly restrained by a safety belt. The bill would also prohibit a parent, legal guardian, or chartering party from transporting on a bus that is equipped with safety belts, or permitting to be transported on a bus that is equipped with safety belts, a child, ward, or passenger who is under 8 years of age and under 4 feet 9 inches in height, unless he or she is acceptably restrained by a safety belt, except as specified. The bill would exempt a passenger leaving his or her seat to use an onboard bathroom from the seatbelt requirement. The bill would also require a motor carrier operating a bus equipped with safety belts to either: (1) require the bus driver to inform passengers of the requirement to wear a seatbelt or (2) post, or allow to be posted, signs or placards informing passengers of the requirement to wear a seatbelt, as specified. The bill would make a violation of the provisions requiring a passenger to wear a safety belt, an infraction punishable by a fine of not more than $20 for a first offense and a fine of not more than $50 for each subsequent offense. By creating a new crime, the bill would impose a state-mandated local program. The bill would specify that these provisions do not apply to a schoolbus or a school pupil activity bus, as defined.

This bill, if the bus is equipped with a driver safety belt, would require the driver to be properly restrained by the safety belt and would require the motor carrier to maintain the driver safety belt. The bill would make violation of these provisions an infraction punishable by a fine of up to $20 for the first violation and of up to $50 for subsequent violations. By creating a new crime, this bill would impose a state-mandated local program.

Existing law requires a charter-party carrier of passengers engaged in charter bus transportation to ensure that drivers of certain vehicles provide each passenger with written or video instructions that include, among other things, the importance of wearing a seatbelt, if available. A violation of this provision is an infraction.

This bill would instead require those written or video instructions to include, among other things, instructions on the requirement to wear a seatbelt, if available, and the penalties for violating that requirement. By changing the definition of a crime, the bill would impose a state-mandated local program.

This bill would also make a technical correction and other conforming changes. The provisions of this bill would become operative on July 1, 2018.

This bill would incorporate additional changes to Section 12810.2 of the Vehicle Code proposed by SB 810 and would make these changes operative only if this bill and SB 810 are enacted and this bill is enacted last.

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.