NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4176
SPONSOR: Crespo 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 estab-
lishing 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 opera-
tion 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 team "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 endorse-
ment 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 unauthorized manner.
-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 months.
-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-deck-
er "party bus" operated by a Long Island based bus and limousine compa-
ny. 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. Fernan-
dez 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 recent-
ly 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 Califor-
nia 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 modi-
fied 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 drink-
ing 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 death.
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 exist-
ing 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 suffi-
cient 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 under-
age 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 vehicles.
LEGISLATIVE HISTORY:
New bill. A9378B of 2013 died in Assembly Transportation, Passed Senate.
A6829 of 2015/16, died in Assembly Transportation Committee
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.
