Add S375-b, V & T L; add S3635-d, amd S3623-a, Ed L
Mandates ignition interlock devices for school buses manufactured after July 1, 2018; authorizes school boards to determine the specifics of retrofitting school buses manufactured prior to such date; permits school boards to adopt policies requiring installation and use of such devices; provides state aid for expenses incurred for such devices.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A361
SPONSOR: Ryan TITLE OF BILL: An act to amend the vehicle and traffic law and the
education law, in relation to mandating ignition interlock devices for
school buses
PURPOSE OR GENERAL IDEA OF BILL: To phase in usage of ignition inter-
lock devices on school buses.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new section 375-b to the vehicle and traf-
fic law to require every school bus manufactured for use in this state
on and after July 1, 2018 to be equipped with a functioning ignition
interlock device of a type and specification as approved by the National
Highway Traffic Safety Administration and the NYS Commissioner of Trans-
portation. Permits retrofitting of existing school buses with ignition
interlock devices pursuant to action by a board of education or board of
trustees under section 3635-c of the education law. Section 2 of the
bill adds a new section 3635-c of the education law to permit a board of
education or board of trustees, in its discretion, following a public
hearing, to adopt a resolution to provide for installation and use of
ignition interlock devices on school buses. Nothing in this section
shall be construed to impose a duty upon boards of education or boards
of trustees to provide ignition interlock devices on school buses
purchased or contracted for prior to the effective date of this section,
nor shall a board be held liable for failure to provide ignition inter-
lock devices pursuant to this section. Section 3 of the bill adds a new
paragraph f to section 3623a(2) of the education law to provide state
aid for expenses incurred for ignition interlock devices for school
buses. Section 4 of the bill is the effective date.
JUSTIFICATION: Unfortunately, even with random alcohol and drug test-
ing of school bus drivers, there have still been incidents of school bus
drivers operating school buses while driving drunk or alcohol impaired.
Over the last three years, there have been six incidents in New York
State reported by the media of school bus drivers conducting their
routes while under the influence of alcohol. Nationwide, there have been
a reported thirty-seven incidents of school bus drivers performing their
duties while under the influence over the last ten years.
Six reported incidents of school bus drivers driving while under the
influence of alcohol are six too many. We do not know how many other
incidents there may be that go undetected. School bus drivers are
charged with a very important responsibility in the transportation of
our most precious cargo, children. There are no excuses when a school
bus driver gets behind the wheel of their bus, after they have been
drinking, and proceeds to transport children on their route. Zero toler-
ance is the only possible policy when it comes to transporting New
York's children. A man by the name of Joseph R. Argy understood the
importance of safely transporting the most precious cargo in the world,
children. Mr. Argy dedicated his entire life's work, over the span of
forty years, to ensuring the travel safety of adults and children
through his business as the owner and operator of Niagara Falls Coach
Lines, Inc. Mr. Argy, concerned with increases in the occurrences of
drunk driving among the general populace, began a project to develop a
device which could be used to ensure members of his fleet could never
get behind the wheel of a school bus while under the influence of alco-
hol. He was concerned, not only about the daily school route, but also
when drivers provide transportation of students to extracurricular
activities in which the drivers often wait for hours without super-
vision. His search was for a technologically advanced measure that would
prevent an alcohol-impaired school bus driver from starting a school
bus. He worked with manufacturers to develop an ignition interlock
device for school buses. While such products are coming onto the market,
it was also his goal to press for their usage. Sadly, he passed away
before he could personally witness widespread use of this device, but it
is a legacy his family is working to bring to fruition. This legislation
phases in the use of ignition interlock devices on school buses. The
devices would be of a type and specification approved by the National
Highway Traffic Safety Administration and the rules and regulations of
the NYS Commissioner of Transportation. By requiring the use of ignition
interlock devices on school buses, we can prevent further incidents of
impaired driving from alcohol which endangers the lives of other motor-
ists, pedestrians and the children entrusted to the driver.
PRIOR LEGISLATIVE HISTORY: n/a
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect July 1,2018 provided,
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.
