LEGISLATURE

LEGISLATURE - Massachusetts

HOUSE, No. 3953

HOUSE OF REPRESENTATIVES, July 14, 2003.

The committee on Public Safety, to whom were referred the petition (accompanied by bill, House, No. 397) of Mary E. Grant to promote safety in the transportation of students, the petition (accompanied by bill, House, No. 1724) of Ronald Mariano relative to the use of seat belts in vehicles used to transport pre-school students, the petition (accompanied by bill, House, No. 1912) of Robert J. Van Campon relative to requiring seatbelts on school buses, the petition (accompanied by bill, House, No. 1921) of Timothy J. Toomey, Jr., and other members of the General Court to promote safety in the transportation of students, the petition (accompanied by bill, House, No. 2499) of Geoffrey D. Hall, Steven C. Panagiotakos and another relative to the use of seat belts on school buses in the Commonwealth, and the petition (accompanied by bill, House, No. 2850) of Robert A. DeLeo for legislation to require the use of seat belts on school buses, reports recommending that the accompanying bill (House, No. 3953) ought to pass.

For the committee,

TIMOTHY J. TOOMEY

The Commonwealth of Massachusetts
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In the Year Two Thousand and Three.
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AN ACT TO PROMOTE SAFETY IN THE TRANSPORTATION OF STUDENTS.

      Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 7B of chapter 90 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding after the word “seated” in line 16, the following:— and, as of five years after the effective date of this act, a three-point lap and shoulder restraint system with retracting belts which is properly adjusted and fastened according to the manufacturer’s instructions shall be worn by every child riding as a passenger in said bus, and prior to said date if such bus is equipped with a restraint system, no child shall ride as a passenger in such bus unless such child is wearing such restraint system which is properly adjusted and fastened according to the manufacturer’s instructions.

SECTION 2. Said section 7B of said chapter 90, as so appearing, is hereby further amended by adding after the word “practices” in line 113, the following:— which shall include instruction in the use of the three point lap and shoulder restraint system.

SECTION 3. Said section 7B of said chapter 90, as so appearing, is hereby further amended by adding after the word “year” in line 130, the following:— ; (19) Every school bus may, prior to five years after the effective date of this act, and shall, as of five years after the effective date of this act, be equipped with a three point lap and shoulder restraint system with retracting belts for each permanent seating accommodation approved by the National Highway Transportation Safety Administration and installed in compliance with United States motor vehicle D.O.T. safety standards, which shall be fastened about each passenger at all times during vehicle operation.

SECTION 4. Section 7L of said chapter 90, as so appearing, is hereby amended by adding after the word “seated” in line 5, the following:— and, as of five years after the effective date of this act, a three point shoulder and lap restraint system with retracting belts which is properly adjusted and fastened according to the manufacturer’s instructions shall be worn by every child riding as a passenger in said bus, and prior to said date if such bus is equipped with a safety restraint system, no child shall ride as a passenger in such bus unless such child is wearing a three point lap and shoulder restraint system which is properly adjusted and fastened according to the manufacturer’s instructions.

SECTION 5. Section 7AA of said chapter 90, as so appearing, is hereby amended by adding, in line 11 after the word “bus” the words:— , prior to five years after the effective date of this act, unless such school bus is equipped with a three point shoulder and lap restraint system.

SECTION 6. Section 4 of chapter 175E, of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following section at the end thereof:—
(f) For motor vehicle insurance rates for school buses, the commissioner shall develop and promulgate a schedule of appropriate reductions in premium charges to account for the decreased risk of injury associated with the installation of a three point lap and shoulder restraint system approved by the National Highway Transportation Safety Administration in any such bus so equipped. The schedule shall be promulgated prior to five years after the effective date of this act, provided that an owner of any school bus so equipped prior to the promulgation of said schedule may apply to the commissioner and receive an appropriate reduction in the premium charge.

SECTION 7. No claim for damages shall arise from the failure of a school bus operator to ensure that a passenger of a school bus was wearing the restraint system prescribed by Sections 7B, 7L and 7AA of Chapter 90 of the General Laws.

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