BILL NO A06829
SAME AS No same as
Amd S2, add S160, Transp L; amd SS501 & 502, V & T L; amd S260.20, Pen L
Provides for the regulation of party buses with passengers under the age of 21.
TITLE OF BILL: An act to amend the transportation law, in relation to
regulation of party buses; to amend the vehicle and traffic law, in
relation to establishing a party bus endorsement for drivers licenses;
and to amend the penal law, in relation to unlawfully dealing with a
child in the first degree
PURPOSE: The purpose of this bill is to more comprehensively regulate
the operation of and safety guidelines used by charter bus companies
that operate "party busses" that are utilized by groups of individuals
under the age of 21.
SUMMARY OF PROVISIONS:
Section 1: Amends Transportation Law section 2 to add a definition for
the term "Party Bus". A party bus is a contract carrier of passengers
by motor vehicle that charters its services to a sponsoring
organization that is responsible for an organized trip for individuals
under the age of 21. A Party Bus is not a regular charter bus with
fixed seats, but a large, and often oversized, bus whose interior has
been reconfigured to allow its passengers to freely stand and
circulate around the bus while it is in motion. Further, food,
beverages and entertainment are often provided or sold to passengers
on such vehicle. In addition, some party buses have dance floors and
electronic media or music sources that can be commonly be shared by
its passengers via televisions, flat screens, or monitors.
Section 2: Adds a new Transportation Law section 160 to establish new
safety standards for the operation of and occupancy of a party bus.
Among the new safety standards includes:
-A Party Bus operator or driver must hold a party bus driver's
endorsement so that such driver is adequately trained and made aware
of the potential risks and dangers that are inherent in the operation
of such bus and is able to protect the safety of its passengers.
-Every Party Bus shall have a warning system to alert the bus driver
and other passengers that a door, window or other portal to enter or
exit the bus has been opened in an unauthorized manner, particularly
if the bus is moving. The bill amendment to the "B" print merely
clarified that it applies to all portals. Such warning system shall
consist of a red light and sound alarm that will alert the bus driver
and those adjacent to an exit that an exit has been opened in an
-Requires the sponsoring organization of the party bus trip or the bus
operator to provide adult chaperones to monitor the conduct of those
passengers under the age of 21. There shall be at least one chaperone
per 20 individuals under the age of 21, and at least one chaperone on
each deck of a double dickered bus. The bus driver shall not be deemed
to be a chaperone.
-Upon violation of any safety standard provided for under this act,
the bus operator is authorized to terminate the trip and return back
to its place of origin.
-The sponsoring organization, charter bus company, and bus driver
shall sign the contract that includes the terms of the safety
requirements that are contained in this act. Further, those persons
under the age of 21 are not permitted to possess or consume alcoholic
beverages, controlled substances, or marihuana while on the bus.
-Prior to the departure of the bus trip, the contract carrier shall
read a statement to all passengers as to the requirements and safety
measures provided for under this act and the safety features contained
on the bus. This is similar to the safety announcements that are given
before air travel commences.
-If the charter bus company, upon three occasions, violates the safety
provisions or protocols of this act, such carrier's permit shall be
suspended by the Commissioner for a period of not less than six
-Party bus operators must conspicuously post their U.S. Department of
Transportation and NYS DOT registration number on all: a) printed or
electronic advertisements that advertise party busses, b) internet
websites related to party busses, and 3) on the party bus itself.
Sections 3, 4, and 5: Amends the Vehicle and Traffic Law sections 501
and 502 to require that licensed bus drivers that operate a party bus,
must obtain a party bus safety operation endorsement to operate such
vehicles. The safety considerations and issues raised by operating a
Party Bus are different than those when operating a regular charter
bus. This provision ensures that such bus drivers have the information
needed to properly operate such a bus.
Section 6: Amends Penal Law section 260.20 relating to the class A
misdemeanor of unlawfully dealing with a child in the first degree to
apply when a driver of a party bus or a chaperone supervising the
conduct of minors on a party bus knowingly permits a person under the
age of 21 to possess or consume any alcoholic beverage, controlled
substance, or marihuana.
Sections 6 and 6-a also make technical changes to Penal Law section
260.20 relating to affirmative defenses to unlawfully dealing with a
minor which are necessary to bring current law into conformity with
changes to the alcoholic beverage control law made by chapter 118 of
the laws of 2012.
JUSTIFICATION: On September 30th, 2012, Daniel Fernandez, a sixteen
year-old high school student from Woodside, Queens, was killed on
board a double-decker "party bus" operated by a Long Island based bus
and limousine company. Mr. Fernandez was part of a large group of
teens from a Queens high School that rented the bus for a trip and an
event in New Jersey. Mr. Fernandez stuck his head out of the safety
hatch on top of the bus as the bus neared an overpass in New Jersey
and died instantly. Mr. Fernandez party was made up of sixty-five
students on a bus with two decks. There were only two adults to
supervise this large group: the driver of the bus and an additional
staff person from the bus company.
This tragic death in New Jersey is just one of several that have
recently occurred to passengers on party buses. Just last year, an
eleven year old girl was killed in Oregon and, in two separate
incidents, a twenty-five year old woman and twenty-four year old man
were killed in California when they fell out of badly secured exits on
party buses. Similarly, a twenty-six year old new mother was killed in
Kansas last year when she fell out of an unsecured emergency exit into
oncoming traffic. Several of these buses were operating illegally, and
all of the deaths were preventable. These incidents show that existing
rules and regulations on chartered buses are not adequate to deal with
this new kind of passenger bus service.
Existing regulations assume that charter buses will be used as a means
of transporting a group of individuals from one point to another for a
special event, with the passengers secure in their seats. Party buses
are meant to function as moving venues and the interior of the buses
are designed to make this possible. Movement within the bus is
expected and the interior is arranged to make moving around easier.
Some of the larger party buses offered for rental boast of dance
floors or stripper poles. Many of these buses also include areas in
which food and drinks can be served. These functional modifications
increase the dangers to passengers - individuals will be moving around
close to the exit points, both emergency and regular exits - and often
attract teenagers and young adults under the age of twenty one.
Because the buses are in motion, prematurely exiting the bus or having
any part of the body hanging out of the bus can be fatal.
The dangers of having people moving regularly and vigorously within a
moving bus are increased even further by the large size of the groups
that many of these buses are designed to fit. These crowded conditions
make it impossible for a driver to supervise passengers, particularly
if the bus is so large, as in the case that led to Mr. Fernandez
death, that it has two decks. As mentioned before, these buses have
been modified to serve as party venues, with many featuring bars. As
in any case in which large numbers of people gather to have a party,
the possibility that alcohol will be consumed is high, including large
parties of teens or young adults under 21. Lax supervision of such
groups in a venue designed for festivities increases the possibility
that underage drinking will occur. Indeed, there have been multiple
incidents where not only has underage drinking on party buses been
established, but that drinking has led to accidents, injuries, or even
Furthermore, in numerous cases, accidents or injuries have occurred on
vehicles that do not meet existing standards. Many party bus companies
throughout New York operate without the requisite state and federal
licenses and registrations, putting their patrons at risk. Under
existing law, it is very difficult to determine if a carrier has
registered, and what its safety history might be. This is detrimental
to both enforcement efforts and consumer protection, with the result
being that many bad actors are not identified until after they have
been involved in an incident.
This legislation attempts to combat the new risks present in these
party bus settings. The legislation makes it clear that there must be
sufficient supervision of large groups of teens and young adults to
ensure safety and to limit the possibilities of underage drinking.
The bill allows the groups chartering a party bus and the bus company
to come to an agreement on who will provide the necessary supervision
and mandates that there be at least one adult present per deck if a
bus has two decks and one supervising adult for every 20 passengers
under the age of 21. It also gives the bus company the ability to
terminate service if underage drinking if going on or if actions that
undermine the safety of the passengers occur.
The legislation also calls for the installation of warning systems
designed to inform a driver and those close to exits that exits to the
bus have been compromised while the bus is in motion. Finally, it will
require party bus operators to post their registration on their
websites, buses, and advertisements, allowing both consumers and
enforcement agencies to better identify bad actors. These new rules
and precautions will make trips in these modified buses safer and help
keep illegal operators off the road, giving the public confidence that
their sons and daughters will be safe riding in these kinds of
LEGISLATIVE HISTORY: New bill. A9378B of 2013 died in Assembly
transportation, Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: January first next succeeding the date upon which this
act shall have become law; provided, however, that section six-a of
this act shall take effect upon the expiration of section 17 of the
alcoholic beverage control law; provided further, that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and
directed to be completed on or before such date.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
April 6, 2015
Introduced by M. of A. CRESPO -- read once and referred to the Committee
AN ACT to amend the transportation law, in relation to regulation of
party buses; to amend the vehicle and traffic law, in relation to
establishing a party bus endorsement for drivers licenses; and to
amend the penal law, in relation to unlawfully dealing with a child in
the first degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2 of the transportation law is amended by adding a
2 new subdivision 20-a to read as follows:
3 20-A. "PARTY BUS" MEANS ANY MOTOR VEHICLE HAVING A CAPACITY OF TWENTY
4 OR MORE PASSENGERS, OPERATED BY A CONTRACT CARRIER OF PASSENGERS BY
5 MOTOR VEHICLE, WITHIN WHICH PASSENGERS ARE CAPABLE AND PERMITTED TO
6 REGULARLY STAND AND CIRCULATE THROUGHOUT THE VEHICLE, AND IN WHICH FOOD,
7 BEVERAGES AND ENTERTAINMENT MAY BE PROVIDED OR SOLD TO SUCH PASSENGERS.
8 S 2. The transportation law is amended by adding a new section 160 to
9 read as follows:
10 S 160. REGULATION OF PARTY BUSES. 1. THE PROVISIONS OF THIS SECTION
11 SHALL APPLY TO THE OPERATION OF ANY PARTY BUS IN WHICH ALL THE PASSEN-
12 GERS, EXCLUDING THE DRIVER AND ANY CHAPERONES, ARE UNDER THE AGE OF
13 TWENTY-ONE YEARS.
14 2. NO CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE SHALL ALLOW A
15 PARTY BUS, SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, TO BE OPERATED
16 BY A DRIVER WHO DOES NOT HOLD A PARTY BUS ENDORSEMENT ISSUED PURSUANT TO
17 SUBPARAGRAPH (XI) OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION FIVE
18 HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW.
19 3. EVERY PARTY BUS, SPECIFIED IN SUBDIVISION ONE OF THIS SECTION,
20 SHALL BE EQUIPPED WITH A WARNING SYSTEM WHICH PROVIDES NOTICE TO THE
21 DRIVER OF SUCH BUS AND THOSE ADJACENT TO ANY DOOR, WINDOW OR OTHER
22 ACCESS PORTAL TO THE EXTERIOR OF SUCH BUS THAT SUCH DOOR, WINDOW OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 6829 2
1 OTHER ACCESS PORTAL HAS BEEN OPENED IN AN UNAUTHORIZED MANNER. SUCH
2 WARNING SYSTEM SHALL CAUSE AN AUDIBLE ALARM TO SOUND AND A RED LIGHT TO
3 ILLUMINATE ON THE DRIVING DASHBOARD OF THE BUS WHEN ACTIVATED AND CAN BE
4 SEEN AND HEARD BY THOSE NEAR SUCH DOOR, WINDOW OR PORTAL.
5 4. EVERY PARTY BUS, SPECIFIED IN SUBDIVISION ONE OF THIS SECTION,
6 SHALL PRIOR TO DEPARTING ITS POINT OF ORIGIN AND DURING THE ENTIRETY OF
7 THE PROVISION OF THE TRANSPORTATION AND SERVICES BY THE PARTY BUS, BE
8 STAFFED WITH NOT LESS THAN ONE CHAPERONE, OVER THE AGE OF TWENTY-ONE
9 YEARS OF AGE, FOR EACH TWENTY PASSENGERS UNDER AGE OF TWENTY-ONE YEARS;
10 PROVIDED, HOWEVER, THAT IF SUCH PARTY BUS HAS MORE THAN ONE LEVEL OR
11 FLOOR, EACH LEVEL OR FLOOR SHALL BE STAFFED BY AT LEAST ONE CHAPERONE.
12 CHAPERONES SHALL BE PROVIDED BY THE CONTRACT CARRIER AND/OR THE PARTY
13 CONTRACTING FOR THE PARTY BUS. UNDER NO CIRCUMSTANCES SHALL THE DRIVER
14 OF A PARTY BUS BE DESIGNATED AS A CHAPERONE.
15 5. UPON VIOLATION OF ANY PROVISION OF THIS SECTION OR ANY OTHER LAW,
16 RULE OR REGULATION BY THE PASSENGERS OF A PARTY BUS, SPECIFIED IN SUBDI-
17 VISION ONE OF THIS SECTION, THE DRIVER THEREOF SHALL IMMEDIATELY RETURN
18 TO THE POINT OF ORIGIN OF THE TRANSPORTATION. COMPLIANCE WITH THE
19 PROVISIONS OF THIS SUBDIVISION SHALL GRANT THE PARTY BUS DRIVER AND THE
20 CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE WITH BOTH CIVIL AND
21 CRIMINAL IMMUNITY FOR ANY SUCH VIOLATIONS AND BREACH OF CONTRACT.
22 6. THE CONTRACT FOR THE PROVISION OF TRANSPORTATION AND SERVICES BY A
23 PARTY BUS, AS SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, SHALL
24 INCLUDE THEREIN THE PROVISIONS OF THIS SECTION, ALL SAFETY RULES FOR
25 SUCH BUSES, AND THAT THE PASSENGERS UNDER THE AGE OF TWENTY-ONE YEARS OF
26 AGE SHALL BE PROHIBITED FROM CONSUMING OR POSSESSING ALCOHOLIC BEVERAG-
27 ES, CONTROLLED SUBSTANCES OR MARIHUANA. SUCH CONTRACT SHALL INCLUDE AN
28 ATTESTATION THAT ANY PARTY ALLOWING ANY VIOLATION THEREOF MAY BE HELD
29 BOTH CIVILLY AND CRIMINALLY LIABLE. EVERY SUCH CONTRACT SHALL BE SIGNED
30 BY THE CONTRACTING PARTY, THE CONTRACT CARRIER OF PASSENGERS BY MOTOR
31 VEHICLE AND THE DRIVER OF THE PARTY BUS.
32 7. PRIOR TO THE DEPARTURE FROM THE POINT OF ORIGIN OF A PARTY BUS,
33 SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, THE CONTRACT CARRIER OF
34 PASSENGERS BY MOTOR VEHICLE SHALL READ A STATEMENT TO ALL PASSENGERS
35 RELATING TO REQUIREMENTS OF THIS SECTION AND ALL OTHER SAFETY FEATURES
36 AND REQUIREMENTS OF SUCH PARTY BUS.
37 8. EVERY CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE WHICH OPER-
38 ATES ONE OR MORE PARTY BUSES SHALL CONSPICUOUSLY POST ITS FEDERAL
39 DEPARTMENT OF TRANSPORTATION REGISTRATION NUMBER AND ITS PERMIT NUMBER
40 ISSUED BY THE DEPARTMENT PURSUANT TO THIS ARTICLE UPON EACH OF ITS:
41 (A) PRINTED AND ELECTRONIC ADVERTISEMENTS WHICH ADVERTISE A PARTY BUS
42 OR PARTY BUSES;
43 (B) INTERNET WEBSITES WHICH OFFER A PARTY BUS OR PARTY BUSES FOR
44 LEASE, RENTAL OR CHARTER; AND
45 (C) PARTY BUSES.
46 9. UPON THE OCCASION OF THREE OR MORE VIOLATIONS OF THE PROVISIONS OF
47 THIS SECTION OR ANY RULES AND REGULATION ADOPTED PURSUANT THERETO, OR
48 ANY OTHER PROVISION OF LAW RELATING TO PARTY BUSES BY CONTRACT CARRIER
49 OF PASSENGERS BY MOTOR VEHICLE OR ANY OF ITS DRIVERS, SUCH CARRIER'S
50 PERMIT SHALL BE SUSPENDED BY THE COMMISSIONER FOR A PERIOD OF NOT LESS
51 THAN SIX MONTHS.
52 S 3. Paragraph (b) of subdivision 2 of section 501 of the vehicle and
53 traffic law is amended by adding a new subparagraph (xi) to read as
55 (XI) PARTY BUS ENDORSEMENT. SHALL BE REQUIRED TO OPERATE A PARTY BUS
56 PURSUANT TO SECTION ONE HUNDRED SIXTY OF THE TRANSPORTATION LAW.
A. 6829 3
1 S 4. Section 501 of the vehicle and traffic law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. PARTY BUS ENDORSEMENT. THE COMMISSIONER OF TRANSPORTATION SHALL BY
4 RULE ESTABLISH THE REQUIREMENTS AND COURSE OF INSTRUCTION FOR THE GRANT-
5 ING OF PARTY BUS ENDORSEMENTS.
6 S 5. Paragraph (a) of subdivision 2 of section 502 of the vehicle and
7 traffic law, as amended by chapter 520 of the laws of 1991, is amended
8 to read as follows:
9 (a) An applicant for a class A license or for a commercial driver's
10 license which contains an H [or], an X OR A PARTY BUS endorsement, or
11 which is valid for operation in interstate commerce shall be at least
12 twenty-one years of age.
13 S 6. Section 260.20 of the penal law, as amended by chapter 362 of the
14 laws of 1992 and the third undesignated paragraph as added by chapter
15 435 of the laws of 2010, is amended to read as follows:
16 S 260.20 Unlawfully dealing with a child in the first degree.
17 A person is guilty of unlawfully dealing with a child in the first
18 degree when:
19 1. He OR SHE knowingly permits a child less than eighteen years old to
20 enter or remain in or upon a place, premises or establishment where
21 sexual activity as defined by article one hundred thirty, two hundred
22 thirty or two hundred sixty-three of this chapter or activity involving
23 controlled substances as defined by article two hundred twenty of this
24 chapter or involving marihuana as defined by article two hundred twen-
25 ty-one of this chapter is maintained or conducted, and he OR SHE knows
26 or has reason to know that such activity is being maintained or
27 conducted; or
28 2. He OR SHE gives or sells or causes to be given or sold any alcohol-
29 ic beverage, as defined by section three of the alcoholic beverage
30 control law, to a person less than twenty-one years old; except that
31 this subdivision does not apply to the parent or guardian of such a
32 person or to a person who gives or causes to be given any such alcoholic
33 beverage to a person under the age of twenty-one years, who is a student
34 in a curriculum licensed or registered by the state education depart-
35 ment, where the tasting or imbibing of alcoholic beverages is required
36 in courses that are part of the required curriculum, provided such alco-
37 holic beverages are given only for instructional purposes during classes
38 conducted pursuant to such curriculum.
39 It is no defense to a prosecution pursuant to THIS subdivision [two of
40 this section] that the child acted as the agent or representative of
41 another person or that the defendant dealt with the child as such.
42 It is an affirmative defense to a prosecution pursuant to THIS subdi-
43 vision [two of this section] that the defendant who sold, caused to be
44 sold or attempted to sell such alcoholic beverage to a person less than
45 twenty-one years old, had not been, at the time of such sale or
46 attempted sale, convicted of a violation of this section or section
47 260.21 of this article within the preceding five years[, and such
48 defendant, subsequent to the commencement of the present prosecution,
49 has completed an alcohol training awareness program established pursuant
50 to subdivision twelve of section seventeen of the alcoholic beverage
51 control law]. A defendant otherwise qualifying pursuant to this para-
52 graph may request and shall be afforded a reasonable adjournment of the
53 proceedings to enable him or her to complete such alcohol training
54 awareness program[.]; OR
55 3. HE OR SHE, BEING THE DRIVER OF OR A CHAPERONE UPON A PARTY BUS
56 PURSUANT TO SECTION ONE HUNDRED SIXTY OF THE TRANSPORTATION LAW, KNOW-
A. 6829 4
1 INGLY PERMITS ANY PERSON LESS THAN TWENTY-ONE YEARS OF AGE TO POSSESS OR
2 CONSUME ANY ALCOHOLIC BEVERAGE, AS DEFINED IN SECTION THREE OF THE ALCO-
3 HOLIC BEVERAGE CONTROL LAW, OR ANY CONTROLLED SUBSTANCE OR MARIHUANA, AS
4 DEFINED IN SECTION 220.00 OF THIS CHAPTER.
5 Unlawfully dealing with a child in the first degree is a class A
7 S 6-a. The third undesignated paragraph of section 260.20 of the penal
8 law, as amended by section six of this act, is amended to read as
10 It is an affirmative defense to a prosecution pursuant to this subdi-
11 vision that the defendant who sold, caused to be sold or attempted to
12 sell such alcoholic beverage to a person less than twenty-one years old,
13 had not been, at the time of such sale or attempted sale, convicted of a
14 violation of this section or section 260.21 of this article within the
15 preceding five years, AND SUCH DEFENDANT, SUBSEQUENT TO THE COMMENCEMENT
16 OF THE PRESENT PROSECUTION, HAS COMPLETED AN ALCOHOL TRAINING AWARENESS
17 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWELVE OF SECTION SEVENTEEN
18 OF THE ALCOHOLIC BEVERAGE CONTROL LAW. A defendant otherwise qualifying
19 pursuant to this paragraph may request and shall be afforded a reason-
20 able adjournment of the proceedings to enable him or her to complete
21 such alcohol training awareness program; or
22 S 7. This act shall take effect on the first of January next succeed-
23 ing the date on which it shall have become a law; provided, however,
24 that section six-a of this act shall take effect upon the expiration of
25 section 17 of the alcoholic beverage control law as provided in section
26 4 of chapter 118 of the laws of 2012; provided further, that, effective
27 immediately, any rules and regulations necessary to implement the
28 provisions of this act on its effective date are authorized and directed
29 to be completed on or before such date.