Congressional
Record: March 21, 1996 (Senate)
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By
Mr. LAUTENBERG:
S. 1633. A bill to provide for school-bus safety, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
THE OMNIBUS SCHOOL TRANSPORTATION SAFETY ACT OF 1996
Mr. LAUTENBERG. Mr. President, today I am introducing
legislation, the Omnibus School Transportation Safety Act of 1996, that
would improve the safety of schoolbus travel.
The legislation would require background checks of schoolbus drivers,
establish minimum proficiency standards for such drivers, and promote
advanced technologies that can help prevent schoolbus accidents. In
addition, the bill calls for a variety of studies that could improve
schoolbus safety and increase the information on bus safety available
to school districts and parents.
Mr. President, America's schoolchildren have a right to safe
transportation to and from school. And we have a responsibility to do
everything we can to guarantee that safety.
To ensure our children's safety, we first must ensure that bus
drivers are decent individuals who will not harm their passengers.
Unfortunately, sexual deviants often are attracted to driving a
schoolbus because the job gives them easy access to children who are
the focus of their sexual desires.
Children who ride on schoolbuses, particularly those in elementary
school, are extremely vulnerable to physical abuse. They are too young
to comprehend what is being done to them and too small to physically
defend themselves from an attack. As a nation, we have a responsibility
to provide as much protection as possible to this vulnerable
population. My bill therefore would require all States to perform a
Federal background check on potential schoolbus drivers before they are
allowed to be alone with our children.
Eighteen States--Alaska, Arizona, California, Colorado, Connecticut,
Delaware, Florida, Michigan, Mississippi, New Jersey, New York, Ohio,
Oregon, Pennsylvania, Utah, Virginia, Washington, and Louisiana--
already conduct State and Federal background checks on their drivers.
My amendment generally would not affect how these States administer
their programs.
Fourteen States--Hawaii, Kentucky, Maryland, Massachusetts,
Minnesota, Missouri, New Hampshire, North Carolina, Rhode Island,
Texas, West Virginia, Nebraska, Illinois, and Wisconsin--currently
perform only state background checks. This is well-meaning, but
insufficient. A convicted sexual deviant can easily move to one of
these States, receive a clean background check, and begin driving his
prey to and from school. My bill therefore would require those States
to participate in the nationwide, Federal program.
There also are 18 States--Alabama, Arkansas, Georgia, Idaho, Indiana,
Iowa, Kansas, Maine, Montana, Nevada, New Mexico, North Dakota,
Oklahoma, South Carolina, South Dakota, Tennessee, Vermont, and
Wyoming--that have no background checks for their schoolbus drivers.
There is no rational reason why these States should not do more to
protect their citizens.
Mr. President, during the 2 months after California instituted
Federal criminal background checks in 1990, it screened out 150
convicted sex offenders, child molesters, and violent criminals who
tried to get permits to drive schoolbuses. This is shocking and my bill
would address this problem.
Beyond requiring background checks for prospective schoolbus drivers,
Mr. President, my bill includes a variety of provisions designed to
reduce school-bus accidents.
During the past 10 years, 300 school-age pedestrians under 19 years
of age have died in schoolbus-related crashes. Two-thirds were killed
by their own schoolbus. Half of all school-age pedestrians killed by
schoolbuses in the past 10 years were 5- and 6-year-olds. On average,
21 school-age pedestrians are killed by schoolbuses each year, and 9
are killed by other vehicles involved in schoolbus-related crashes.
Mr. President, as a nation, we need to do much more to prevent
schoolbus accidents. This bill attacks the problem on a number of
fronts.
First, it would establish proficiency standards for schoolbus
drivers.
Mr. President, driving a schoolbus with 40 young, screaming children
is a unique skill that deserves specialized training. Unfortunately,
many drivers are distracted when their young passengers are noisy or
otherwise disruptive, and the results can be tragic. Inattention is one
of the two factors most often reported by police for schoolbus drivers
striking school-age pedestrians.
Bus drivers already are required to possess a commercial driver's
license with a general endorsement for those driving vehicles with more
than 15 passengers. However, there are no Federal standards
specifically directed to schoolbus drivers. My bill would require the
Secretary of Transportation to prescribe such standards.
Mr. President, some States already prescribe a level of proficiency
for schoolbus drivers, but many do not. My bill generally would not
interfere with existing State programs, but it would ensure that all
schoolbus drivers meet a minimum standard of proficiency.
Another way that my bill would reduce schoolbus accidents is by
assisting States to develop safer places for children to enter and
leave their bus. For example, States could make bus stops more safe by
increasing their visibility. Similarly, States could establish special
safe areas in which children could disembark from busses, away from
traffic.
The legislation also would require the Secretary of Transportation to
promote the use and reduce the cost of hazard warning systems or
sensors that alert schoolbus drivers of pedestrians or vehicles in, or
approaching, the path of the schoolbus. These types of warning systems
can be critical in saving the lives of young people. Unfortunatately,
many school districts have failed to invest in such systems. One reason
is that their cost can be high. We need to explore ways to reduce those
costs.
Another provision in the bill would require the Secretary to improve
training materials on schoolbus safety and to improve the distribution
and availability of such materials to schools for use by the student
safety patrols. The most effective way to protect schoolchildren is to
teach them to protect themselves. The Department of Transportation can
do more in this area.
My legislation also would promote research into the possibility of
installing safety belts in schoolbuses.
Mr. President, in addition to the loss of life attributed to
schoolbus accidents that I mentioned earlier, approximately 10,000
schoolbus passengers are injured every year. Most injuries occur during
side and rollover collisions. In this type of collision, the
compartmentalized seat does not protect children, who can fall up to 8
feet to strike the roof, windows, other seats, and other children.
To reduce these types of injuries, the State of New Jersey requires
the installation and use of safety belts in all schoolbuses. New
Jersey's State law in this area was adopted after a study by the New
Jersey Office of Highway Traffic Safety into the safety of lap
seatbelts in large school vehicles. That study concluded that
installation of seatbelts in all schoolbuses would improve vehicles'
overall safety performance. The study recommended that schoolbuses be
required to be equipped with seatbelts, which led to later enactment of
the New Jersey law.
Mr. President, I support this law and believe it should be adopted on
a Nation-wide basis. It is nearly impossible for a bus without belts to
rollover without causing injuries or death. However, I recognize that
some in Washington believe more information is needed before
establishing such a Federal requirement.
One cause of this skepticism is that the Federal Government does not
study crashes in which there are no injuries. The National
Transportation Safety Board only investigates bus crashes where there
are severe injuries or fatalities. Therefore, the data they collect do
not accurately reflect the benefits of safety belts in schoolbuses.
A bus with safety belts costs an average of $1,000 more than a bus
without belts. With an estimated schoolbus life of 15 years, seatbelt
installation would cost approximately $66 per bus per year.
Children are already required to wear seatbelts in cars. Installation
of seatbelts on the standard size schoolbuses would reinforce the
importance of wearing seatbelts, reduce injuries to our children, cost
relatively little to install and maintain, and overall, makes schoolbus
transportation safer for our children.
My bill would require the National Highway Traffic Safety
Administration [NHTSA] to study the safety impact of safety belts on
schoolbuses. It specifically requires that NHTSA evaluate the real life
consequences of New Jersey's safety belt law. I am hopeful that the
resulting study will help end the longstanding debate on this issue, so
we can move forward to protect the lives of our Nation's children.
Mr. President, this legislation also requires the Secretary of
Transportation to begin a rulemaking process to determine the
feasibility and practicability of: First, decreasing the flammability
of materials used in the construction of the interiors of schoolbuses;
second, informing purchasers of schoolbuses on the secondary market
that those buses may not meet current NHTSA standards; and third,
establishing construction and design standards for wheelchairs used in
the transportation of students in schoolbuses.
The bill also requires the Secretary to conduct a variety of studies
designed to provide an accurate data base of schoolbus safety
information. In addition, the bill, in response to requests from some
States, calls for Federal guidelines on the securing in a schoolbus of
children under the age of five, and on measures to facilitate their
evacuation in an emergency.
Mr. President, the Omnibus School Transportation Safety Act of 1996
is comprehensive legislation that would dramatically reduce deaths and
injuries of children associated with schoolbus accidents.
I hope my colleagues will support the bill, and ask unanimous consent
that the text of the legislation, along with a section-by-section
analysis of the bill, be included in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1633
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Omnibus
School Transportation Safety Act of 1996''.
(b) Findings.--The Congress finds the following:
(1) In the United States, school buses travel more than
4,000,000,000 miles each year to transport approximately
25,000,000 children to and from school and various school-
related activities.
(2) School buses are specifically designed to carry
children safely to and from school, and generally are
operated by educational agencies that receive Federal
assistance for educational activities.
(3) On the average, each year in the United States--
(A) 17 occupants are killed while riding school buses, of
which--
(i) 10 pupils are killed while riding type I school buses
with a gross weight rating of greater than 10,000 pounds, and
those school buses are predominantly used in the United
States;
(ii) 2 pupils are killed while riding other vehicles used
as school buses; and
(iii) 5 drivers are killed while driving school buses;
(B) 38 children are killed in loading zones surrounding
school buses;
(C) 480 children are seriously injured while riding school
buses; and
(D) 160 children are seriously injured while boarding or
leaving school buses.
(4) Although most crashes involving school buses are minor,
some examples of serious crashes that have had tragic
consequences, include--
(A) the school bus crash that occurred in Alton, Texas;
(B) the school bus crash that occurred in October of 1995,
in Fox River Grove, Illinois; and
(C) the recent school bus crash outside of Green Bay,
Wisconsin, that killed the driver.
(5) Each year approximately 35,000 school buses are
manufactured in the United States. The components for those
buses are produced in various locations throughout the United
States. The few companies that manufacture those buses ship
the buses throughout the United States and to foreign
countries.
(6) Numerous Federal laws, including subtitle VI of title
49, United States Code, regulate school buses as commercial
motor vehicles. Subtitle VI of title 49, United States Code,
provides for--
(A) motor vehicle safety standards under chapter 311 of
that subtitle; and
(B) the regulation of commercial motor vehicle operators
under chapter 313 of that subtitle.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall
apply:
(1) Bus.--The term ``bus'' means a motor vehicle with
motive power, except a trailer, designed for carrying more
than 10 persons.
(2) Local educational agency.--The term ``local educational
agency'' means a local educational agency (as that term is
defined in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801)) that receives Federal
funds.
(3) National criminal history background check system.--The
term ``national
criminal history background check system'' has the meaning
given that term in section 5(6) of the National Child
Protection Act of 1993 (42 U.S.C. 5119c(6)).
(4) Newly employed.--With respect to the employment of a
school bus driver by an employer, the term ``newly employed''
applies to the initial employment of an individual who has
not been similarly employed by that employer.
(5) Postsecondary institution.--The term ``postsecondary
institution'' means an institution of higher education, as
that term is defined in section 481(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1088(a)(1)).
(6) Private school.--The term ``private school'' includes
any private postsecondary institution.
(7) School bus.--The term ``school bus''--
(A) means a bus that is used for purposes that include
carrying pupils to and from a public or private school or
school-related events on a regular basis; and
(B) does not include a transit bus or a school-chartered
bus.
(8) School-chartered bus.--The term ``school-chartered
bus'' means a bus that is operated under a short-term
contract with State, local, or private school authorities,
which have acquired exclusive use of the bus at a fixed
charge in order to provide transportation for a group of
pupils to a special school-related event.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS.
(a) Proficiency Standards.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue
regulations establishing proficiency standards for school bus
drivers (including drivers of school-chartered buses) who are
required under applicable State law to possess a commercial
driver's license to operate a school bus.
(b) Exemption for Certain States.--The regulations issued
under subsection (a) shall provide that a State may use State
proficiency standards, in lieu of the standards established
by such regulations, if--
(1) the State proficiency standards are established before
the date on which the proficiency standards under such
regulations are established; and
(2) the Secretary determines that such State proficiency
standards are as rigorous as the proficiency standards under
such regulations.
(c) Demonstration of Proficiency.--Upon the establishment
of the proficiency standards under subsection (a), each
school bus driver referred to in such subsection shall
demonstrate (at such intervals as the Secretary shall
prescribe) to the employer of the driver, the local
educational agency, the State licensing agency, or other
person or agency responsible for regulating school bus
drivers, the proficiency of that driver in operating a school
bus in accordance, as the case may be, with the proficiency
standards--
(1) established by the regulations issued under subsection
(a); or
(2) established by the State concerned and determined by
the Secretary to be as rigorous as the proficiency standards
established by the regulations issued under subsection (a).
SEC. 4. CRIMINAL BACKGROUND CHECKS OF SCHOOL BUS DRIVERS.
(a) Prohibition on Employment Pending Check.--
Notwithstanding any other provision of law, no local
educational agency, private school, or contractor providing
school transportation services to a local educational agency
or private school, may newly employ an individual as a driver
of a school bus of, or on behalf of, the agency or private
school before the completion of a background check of that
individual through the national criminal history background
check system to determine whether the individual has been
convicted of a crime which would warrant barring the person
from duties as a driver of a school bus.
(b) Background Check Procedures.--
(1) In general.--Each State shall establish procedures for
conducting a background check under this section.
(2) Requirements for procedures.--The procedures
established under this subsection shall include the
designation of an agency of the State to--
(A) carry out the background checks; and
(B) meet the guidelines set forth in section 3(b) of the
National Child Protection Act of 1993 (42 U.S.C. 5119a(b)).
(c) Limitation on Liability.--A local educational agency,
private school, or a contractor providing school
transportation services to a local educational agency or
private school shall not be liable in an action for damages
on the basis of a criminal conviction of a person employed by
that agency or contractor as a school bus driver if--
(1) a background check of the person was conducted under
this section; and
(2) the conviction was not disclosed to the local agency,
private school, or contractor providing such transportation
services pursuant to the background check.
(d) Fees.--
(1) In general.--The Director of the Federal Bureau of
Investigation may impose and collect a fee for providing
assistance in the conduct of a background check under this
section. The amount of such fee may not exceed the actual
cost to the Federal Bureau of Investigation for providing
such assistance.
(2) Monitoring.--The Attorney General of the United States
shall monitor the collection of fees under this subsection
for purposes of ensuring that--
(A) the fees are collected on a uniform basis; and
(B) the amounts collected reflect only the actual cost to
the Federal Bureau of Investigation of providing assistance
in the conduct of background checks under this section.
(e) Applicability.--
(1) In general.--Except as provided in paragraph (2), this
section shall apply to an individual newly employed by a
local educational agency, private school, or contractor
providing school transportation services to a local
educational agency or private school beginning on the later
of--
(A) the date that is 60 days after the date of enactment of
this Act; or
(B) the date on which the State agency in which the local
educational agency, private school, or contractor providing
such transportation services is located establishes the
procedures required under subsection (c).
(2) Background checks conducted by the fbi.--
(A) In general.--To the maximum extent practicable, during
the period specified in subparagraph (B), a local educational
agency, private school, or contractor providing school
transportation services shall request that the Federal Bureau
of Investigation conduct a background check with fingerprints
of each individual newly employed by the local educational
agency, private school, or contractor as a school bus driver
of the local educational agency, private school, or
contractor.
(B) Period of applicability.--Subparagraph (A) shall apply
to a local educational agency, private school, or contractor
providing school transportation services during the period
beginning on the date of enactment of this Act and ending on
the date of applicability of this section, as determined
under paragraph (1).
(f) Funding.--
(1) Violence prevention programs.--Section 4116(b)(5) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7116(b)(5)) is amended by striking ``and neighborhood
patrols'' and inserting ``neighborhood patrols, and criminal
background checks of potential drivers of school buses under
section 4 of the Omnibus School Transportation Safety Act of
1996''.
(2) Innovative education assistance.--Section 6301(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7351(b)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(9) the carrying out of criminal background checks of
potential drivers of school buses under section 4 of the
Omnibus School Transportation Safety Act of 1996.''.
SEC. 5. DEVELOPMENT OF INTELLIGENT VEHICLE-HIGHWAY SYSTEMS
FOR SCHOOL BUS SAFETY.
Section 6055(d) of the Intelligent Vehicle-Highway Systems
Act of 1991 (23 U.S.C. 307 note) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) ensure that 1 or more operational tests advance the
use and reduce the cost of intelligent vehicle-highway system
technologies (including hazard warning systems or sensors)
that alert school bus drivers of pedestrians or vehicles in,
or approaching, the path of the school bus.''.
SEC. 6. STUDY OF OCCUPANT RESTRAINTS IN SCHOOL BUSES.
(a) Study.--The National Transportation Safety Board
organized under chapter 11 of title 49, United States Code,
shall conduct a study on the safety consequences of the
requirement of the State of New Jersey for lap belts in
school buses.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Chairman of the National
Transportation Safety Board shall submit to the Congress a
report containing the findings of the study conducted under
this section.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the National Transportation Safety
Board to carry out this section $100,000, which shall remain
available until expended.
SEC. 7. TRAFFIC ENGINEERING ACTIVITIES TO IMPROVE SCHOOL BUS
SAFETY.
Notwithstanding any other provision of law, the Secretary
shall ensure that each State receiving aid to conduct highway
safety programs under section 402(c) of title 23, United
States Code, may utilize a portion of such aid for the
purpose of conducting traffic engineering activities in order
to improve the safe operation of school buses.
SEC. 8. DETERMINATION OF PRACTICABILITY AND FEASIBILITY OF
CERTAIN SAFETY AND ACCESS REQUIREMENTS FOR
SCHOOL BUSES.
(a) Commencement of Rulemaking Process.--Not later than 6
months after the date of the enactment of this Act, the
Secretary shall commence or continue to carry out a
rulemaking process to determine the feasibility and
practicability of--
(1) a requirement for a decrease in the flammability of the
materials used in the construction of the interiors of school
buses;
(2) a requirement that individuals, local educational
agencies, or companies that sell in the secondary market
school buses that may be used in interstate commerce inform
purchasers of those buses that those buses may not meet
applicable National Highway Transportation Safety
Administration standards or Federal Highway Administration
standards; and
(3) the establishment of construction and design standards
for wheelchairs used in the transportation of pupils in
school buses.
(b) Final Rule.--Not later than 30 months after the date of
enactment of this Act, the Secretary shall issue a final
regulation providing for any requirement or standard referred
to in paragraph (1), (2), or (3) of subsection (a) that the
Secretary determines to be feasible and practicable.
(c) Report to Congress.--If the Secretary makes a
determination that a requirement or standard referred to in
paragraph (1), (2), or (3) is not feasible or practicable,
not later than the date specified in subsection (b), the
Secretary shall prepare and submit to the Congress a report
that provides the reasons for that determination.
SEC. 9. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN BY
SCHOOL BUS.
The Administrator of the National Highway Traffic Safety
Administration shall develop and disseminate guidelines for
ensuring the safe transportation in school buses of children
under the age of 5. Those guidelines shall include
recommendations for the evacuation of such children from such
buses in the event of an emergency.
SEC. 10. DISSEMINATION OF INFORMATION ON SCHOOL BUS SAFETY.
(a) Dissemination of Information.--In carrying out research
on highway safety under section 403 of title 23, United
States Code, in consultation with the appropriate officials
or representatives of the American Automobile Association,
State educational agencies, and highway safety organizations,
the Secretary shall provide for the improvement of--
(1) training materials on school bus safety; and
(2) the distribution and availability of such materials to
public and private schools for use by the student safety
patrols of those schools and to appropriate law enforcement
agencies.
(b) Funding.--Notwithstanding any other provision of law,
of the funds made available to the Secretary for research on
highway safety and traffic conditions under section 403 of
title 23, United States Code, for each of fiscal years 1996
through 2001, $100,000 shall be available for each of those
fiscal years for the purposes of carrying out this section.
SEC. 11. STUDY AND REPORT ON SCHOOL BUS SAFETY.
(a) Study.--
(1) In general.--The Secretary shall carry out a study to
determine--
(A) the extent to which public transit vehicles (as defined
by the Secretary) are engaged in school bus operations;
(B) the point at which a public transit vehicle is
sufficiently engaged in such operations as to be considered a
school bus for purposes of regulation under Federal law; and
(C) the differences between school bus operations carried
out directly by schools or local educational agencies and
school bus operations carried out by schools or local
educational agencies by contract or tripper service (as
defined by the Secretary).
(2) Areas.--The study conducted under this subsection shall
address the differences between the services and operations
referred to in paragraph (1)(C) in terms of--
(A) crash injury data;
(B) driver and carrier requirements;
(C) passenger transportation requirements;
(D) routes and operational requirements that affect safety;
(E) vehicle attributes that affect safety;
(F) bus construction and design standards;
(G) Federal and State operating assistance (per passenger,
per mile, per hour);
(H) total operating costs;
(I) Federal and State capital assistance (per passenger,
per mile, per hour);
(J) total capital costs; and
(K) any other factor that the Secretary considers
appropriate.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
committees described in paragraph (2) a report on the results
of the study carried out under subsection (a).
(2) Committees.--The committees referred to in paragraph
(1) are--
(A) the Committee on Environment and Public Works of the
Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Transportation and Infrastructure of
the House of Representatives;
(E) the Committee on Commerce of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
SEC. 12. IMPROVED INTERSTATE SCHOOL BUS SAFETY.
(a) Applicability of Federal Motor Carrier Safety
Regulations to Interstate School Bus Operations.--Section
31136 of title 49, United States Code, is amended--
(1) by striking the second sentence of subsection (e); and
(2) by adding at the end the following new subsection:
``(g) Applicability to School Transportation Operations of
Local Educational Agencies.--Not later than 18 months after
the date of enactment of this subsection, the Secretary shall
issue regulations making the relevant commercial motor
carrier safety regulations issued under subsection (a)
applicable to all interstate school transportation operations
by local educational agencies (as defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)).''.
(b) Education Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall develop
and implement an education program informing all local
educational agencies that those agencies are required to
comply with the Federal commercial motor vehicle safety
regulations issued under section 31136 of title 49, United
States Code, when providing interstate transportation on a
school bus vehicle to and from school-sanctioned and school-
related activities.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
____
Omnibus School Transportation Safety Act of 1996--Section by Section
Sec. 1: Short Title; Findings.
Sec. 2: Definitions.
Sec. 3: Directs the Secretary to prescribe proficiency
standards for school bus drivers.
At present, school bus drivers are required to have a
Commercial Drivers License (CDL). However, CDL training for
bus drivers is geared primarily towards commercial motor
carrier drivers. ``Inattention'' and ``failure to yield''
were the factors most often reported by police for school bus
drivers striking a school-age pedestrian. A school bus driver
faces unique driving and pupil control situations that
current CDL training does not address. This section will
require school bus drivers to be trained to handle these
unique situations before they are allowed on the road.
Sec. 4: Requires states to conduct federal background
checks with fingerprints of prospective school bus drivers.
School bus drivers are alone and off of school property
with students for extended periods of time. At present, 18
States conduct Federal background checks, 14 States only do
state background checks, and 18 States do no background
checks on potential drivers. State background checks are not
sufficient. Someone can easily move from one State to another
and leave their criminal history behind. This provision is
designed to ensure that parents know who is alone with their
children. Just 2 months after requiring fingerprint criminal
background checks, California screened out 150 convicted sex
offenders, child molesters and violent criminals who tried to
get permits to drive school buses. Funding to assist states
that are not already committing resources to this type of
activity is provided through the Department of Education's
crime free school program.
Sec. 5: Directs the Secretary to do one or more operation
tests to advance the use and reduce the cost of hazard
warning systems that alert school bus drivers of pedestrians
or vehicles in, or approaching, the path of the school bus.
Two out of every three children killed in school bus
related accidents are killed outside the school bus. Many are
struck by their own school bus. The causes vary from driver
inattentiveness, blind spots, or children's clothing being
caught on a part of the bus causing the bus to drag the child
to death. These accidents occur in the bus' ``danger zone.''
While there are electronic devices on the market that are
designed to detect and warn drivers when an object is in the
danger zone, most are expensive and have reliability
problems. The goal of this section is to increase the
reliability and reduce the cost of existing technology.
Sec. 6: Directs to the National Transportation Safety Board
to study the safety consequences of required use of safety
belts in New Jersey school buses.
Approximately 10,000 school bus passengers are injured
every year. Most injuries and fatalities in the bus occur
during side and rollover collisions. In these types of
collisions the ``compartmentalized'' seat does not protect
children who fall about eight feet and strike the roof,
windows, seats and other children. Safety belts have been
standard equipment in passenger automobiles for quite some
time, and they have proven to be effective life-saving and
injury-preventing devices. However, not all school buses are
required to be equipped with seat belts.
The debate on whether or not safety belts should be
required on school buses is heated. However, the lack of
sufficient data, makes an accurate estimate on the
effectiveness of school bus seat belts very difficult.
Therefore, my bill directs the National Transportation Safety
Board to study the safety consequences of the use of safety
belts in New Jersey school buses. New Jersey is the only
State which has mandatory school bus safety belt use and it
will provide an excellent opportunity for researchers to
build the base of knowledge on this subject that we need to
determine if safety belts in school buses should be the norm.
Sec. 7: Provides aid for the purpose of conducting traffic
engineering activities in order to improve the safe operation
of school buses in the ``danger zone.''
An overwhelming number of students are killed during the
loading and unloading of the school bus. Proper engineering
of loading and unloading zones will improve the safety and
reduce the number of accidents and fatalities which take
place in the ``danger zone.'' This provision will allow
States to utilize section 402(C) funds to assist in the
development of safety guidelines for the construction and
selection of school bus loading and un-loading zones.
Sec. 8: Requires the Secretary to begin a rulemaking
process to determine the feasibility and practicality of:
A requirement for a decrease in the flammability of the
materials used in the construction of the interiors of school
buses;
A requirement that sellers of school buses in the secondary
market inform purchasers that such buses may not meet current
National Highway Transportation Safety Administration or
Federal Highway Administration standards and;
Establishing construction and design standards
for wheelchairs used in the transportation of students in
school buses.
Reduction of the flammability of material in school buses
continues to be on the National Transportation Safety Board's
most wanted list. NTSB made this recommendation after the
1988 Carrollton, KY bus accident. In that incident, a pre-
1977 school bus was struck by a pick-up truck. The bus' gas
tank was ruptured and a fire ensued, engulfing the entire
bus. The bus driver and 26 bus passengers were fatally
injured. Had stricter flammability requirements been in
effect during construction of this bus the NTSB believes more
of the passengers could have escaped the bus without serious
injury.
Used school buses are a popular form of transportation for
church groups and civic organizations. Unfortunately, many of
these groups believe that school buses are built to the
highest safety standards available. This is not the case.
Therefore, the bill would require that potential purchasers
of used buses are made aware of this fact so they can modify
their uses of the bus based upon the level of safety the bus
offers in certain situations.
While there are Federal standards relating to how
wheelchairs must be secured into school buses, there are no
standards for the wheelchairs themselves. This provision is
designed to ensure that students who use a wheelchair are
afforded maximum protection in case of a school bus accident.
Sec. 9: Requires NHTSA to develop and disseminate
guidelines on securing children under the age of five in
school buses and on evacuating those same children from
school buses.
For one reason or another school districts are beginning to
transport more and more children below the age of five in
traditional school buses. Most, if not all, school buses and
school bus seats are designed to accommodate and protect
children age five and older. In addition, state laws and
common sense dictate that children under the age of four use
a car seat when riding in a motor vehicle. Many communities
are struggling with the appropriate way to safely transport
children below the age of five in school buses. This
provision would require NHTSA to develop guidelines on
securing young children in school buses. The provision also
addresses the problems evacuation of children in car seats
could pose in an emergency.
Sec. 10: Requires the Secretary to improve and distribute
school bus safety information.
Every year approximately 20 children are killed outside
their school bus. They are either struck by their own bus or
by another vehicle. One of the most effective ways to prevent
these types of accidents is to properly educate children and
their parents to these dangers. While a variety of safety
information is available, it is not widely distributed. This
provision would require the Secretary to review existing
safety material, make improvements if necessary and then
ensure that the material is adequately distributed to
children and parents.
Sec. 11: Require the Secretary to carry out a study to
determine the following:
The extent to which public transit vehicles are engaged in
school bus operations;
The point at which a public transit vehicle is sufficiently
engaged in such operations as to be considered a school bus
for purposes of regulation under Federal law and;
The differences between school bus operations carried out
directly by schools or school districts and school bus
operations carried out by schools or school districts by
contract.
Federal law prohibits school districts from contracting out
to the local municipal bus service to carry out the school
district's pupil transportation activities. However, there
are some specific exceptions to this rule. With present
budget pressures school districts are increasingly looking to
take advantage of these exceptions also known as ``tripper
service.'' This provision is designed to determine how many
communities may be using tripper service as a means of school
transportation, at what point a municipal bus engaged in
tripper service should be considered a school bus, and the
differences between contracted school bus operations and non-
contracted school bus operations.
Sec. 12: Extends the applicability of Federal Motor
Carriers Safety Regulations to the school transportation
operations of Local Education Agencies.
When operating across State lines, school buses almost
without exception must use the same highways--many of them
high-speed arteries--as other vehicles. The speeds attained
are considerably greater and there is an elevated risk of
associated driver fatigue. This fact underscores the need for
comprehensive and consistent application of the FMCSR's to
any school bus operating across state lines when engaged in
school-related and sanctioned activities.
Since their inception in 1935, the FMCSR's have been
incrementally modified. For example, in 1989 the FHWA issued
modifications which for the first time subjected all
interstate contractor-operated school transportation
operations to the FMCSR's. In 1994, the FHWA extended
application of the FMCSR's to most interstate private bus
operations such as scout groups and churches. My bill would
extend the applicability of FMCSR's to buses used by local
education agencies which are used in interstate commerce.
Sec. 13: Authorization of Appropriations.
