Another Federal Agency Says School Buses Should Have Lap/Shoulder Belts; Most States, Including CT, Don't

The National Transportation Safety Board (NTSB) this week recommended to states that all new large school buses be equipped with both lap and shoulder seatbelts, the first time such a recommendation has been issued for the vehicles by the agency. The board also recommended requiring collision-avoidance systems and automatic emergency brakes on new school buses, but the follow-through on the recommendations falls to states and local jurisdictions.  The NTSB recommendation is not a federal requirement, and comes three years after a similar call by the National Highway Traffic Safety Administration (NHTSA). Connecticut, as most states, does not require lap and shoulder seat belts in school buses.

The NTSB recommendations, made to the 42 states, the District of Columbia, and Puerto Rico, all of which lack requirements for lap/shoulder belts on large school buses, were accompanied by a recommendation to the states of Florida, Louisiana, New Jersey, and New York to amend their statutes to upgrade their seat belts requirements from lap-only belts to lap and shoulder belts.

Connecticut’s legislature has previously debated a lap-and-shoulder belt requirement on school buses, but has failed to pass such a requirement, including, most recently, last year. Legislation that would have imposed a requirement in Connecticut, effective in 2022, failed to gain approval from the Transportation Committee after a public hearing.

Last summer, Nevada joined California, Florida, Louisiana, New Jersey, New York and Texas in enacting laws requiring seat belts. The law in Louisiana requires school buses be equipped with seat belts, but this is subject to appropriation for the purchase of such buses and the state legislature has not provided funding to trigger the requirement. Similar language in Texas’ law was removed in 2017, according to the National Conference of State Legislatures.

NTSB Chair Robert Sumwalt said at the close of Tuesday’s NTSB meeting this week, which included a review of two 2016 school bus crashes that killed 12 and injured 37, “The recommendations that we issued and reiterated today, if acted on, will help ensure that new school buses are manufactured with tried and true occupant protection such as lap-shoulder belts, as well as collision avoidance technology such as automatic emergency braking.”  The meeting was held just days after a school bus accident in New Jersey that killed a young student and teacher.

The recommendation comes three years after a similar stance from the then-Administrator of NHTSA, Mark Rosekind:  "The position of the National Highway Traffic Safety Administration is that seat belts save lives," Rosekind said in November 2015. "That is true whether in a passenger car or in a big yellow bus. And saving lives is what we are about. So NHTSA's policy is that every child on every school bus should have a three-point seat belt."

“The main hold up continues to be funding,” State Rep. Fred Camillo of Old Greenwich, who introduced Connecticut legislation to accomplish that objective, told CT by the Numbers last year.  Passage has been elusive here, and elsewhere, despite the change in position by NHTSA more than two years ago.  The federal agency previously viewed school buses as safe without seat belts, because of their construction.

That changed in 2015.  Since then, as Connecticut’s Office of Legislative Research noted in a 2016 report to the legislature, “NHTSA has been exploring ways to make seat belts on schools buses a reality.” NHTSA points out that seat belts have been required on passenger cars since 1968; and 49 States and the District of Columbia have enacted laws requiring the use of seat belts in passenger cars and light trucks.

The Connecticut Association of Public School Superintendents testified against the measure last year, calling for approval to be “postponed” until a series of questions – ranging from the use of bus monitors to the cost of seat belt maintenance to district liability from unused seat belts – could be answered.

The Connecticut Association of Boards of Education (CABE) – representing local elected school boards across the state – also voiced their opposition at a January 30, 2017 public hearing.  CABE officials expressed concern about “years of busses” that would “need to be replaced or retrofitted.”  They also noted that lap belts “would not work best for 5-year-olds and 18-year-olds alike.”  In addition, questions were raised about students who might “unclick the belt” and the liability of bus drivers if they did.

Camillo initially proposed the bill in 2011 after a Rocky Hill student was killed in a school bus crash.  Last year in Connecticut, in March, after a school bus accident in Canterbury sent five students to the hospital, public discussion on the pending proposal was renewed, but the legislature ultimately did not take action.  “This accident today is just another reminder that we really need to do something regarding this issue. We don’t want to wait for another tragedy to occur,” Camillo told the Norwich Bulletin.  Later that month, five people were injured after a crash involving a school bus in North Haven.

At NTSB, Robert L. Sumwalt was sworn in as chairman last August, after being nominated by President Trump and confirmed by the U.S. Senate. He began his tenure at the NTSB in August 2006 when President Bush appointed him to the Board and designated him as Vice Chairman. In November 2011, President Obama reappointed him to an additional five-year term as Board Member.

The NTSB this week also called for “facial recognition data to catch driver license fraud at every opportunity, with data shared across states. It demands that certified medical examiners effectively play their role in denying medically unfit drivers a medical certificate.”  Added Sumwalt:  “Action on the safety recommendations issued and reiterated today will constitute a crackdown, but only from the point of view of drivers who put the safety of our children and other road users at risk. Such a crackdown is long overdue.”

New School Year Approaches Without Seat Belt Requirement on School Buses

June 7 was the final day of the regular legislative session in Connecticut.  It was also the day following the signing of a new law to require seat belts on school buses – in Nevada. Gov. Brian Sandoval signed legislation, approved overwhelmingly by his state’s legislature, which requires that any new school bus purchased by a school district on or after July 1, 2019, be equipped with a shoulder-harness-type safety belt assembly for passengers.

There was no similar bill signing in Connecticut.  Legislation that would have imposed a similar requirement in Connecticut, effective in 2022, failed to get out of the Transportation Committee after a public hearing months earlier.  The new school year approaches with no requirement in Connecticut, and no change in policy on the horizon, despite years of efforts.

Nevada joins only six other states — California, Florida, Louisiana, New Jersey, New York and Texas —in enacting laws requiring seat belts. In Louisiana and Texas, however, the requirements are contingent upon funds being appropriated by the state, which has yet to occur.

The Connecticut legislator leading the unsuccessful effort says cost, rather than safety, drove the result.

"While the bill did not get voted out of the Transportation Committee, it was given a public hearing and received some favorable comments from committee members,” Rep. Fred Camillo told CT by the Numbers this week.  “The main hold up continues to be funding, something that will take out of the box concepts as the state fiscal situation has not been resolved. I look forward to continuing the effort until our goal is achieved."

It has been elusive here, and elsewhere, despite a change in position by the National Highway Traffic Administration, more than a year ago.  The federal agency previously viewed school buses as safe without seat belts, because of their construction.  That changed in 2015.  Since then, as Connecticut’s Office of Legislative Research noted last year in a report to the legislature, “NHTSA has been exploring ways to make seat belts on schools buses a reality.”

The Connecticut Association of Public School Superintendents testified against the measure, calling for approval to be “postponed” until a series of questions – ranging from the use of bus monitors to the cost of seat belt maintenance to district liability from unused seat belts – could be answered.

The Connecticut Association of Boards of Education (CABE) – representing local elected school boards across the state – also voiced their opposition at the January 30 public hearing.  CABE officials expressed concern about “years of busses” that would “need to be replaced or retrofitted.”  They also noted that lap belts “would not work best for 5-year-olds and 18-year-olds alike.”  In addition, questions were raised about students who might “unclick the belt” and the liability of bus drivers if they did.

Camillo initially proposed the bill in 2011 after a Rocky Hill student was killed in a school bus crash.   earlier this year, in March, after a school bus accident in Canterbury sent five students to the hospital, public discussion on the pending proposal was renewed, but the legislature did not take action.  “This accident today is just another reminder that we really need to do something regarding this issue. We don’t want to wait for another tragedy to occur,” Camillo told the Norwich Bulletin.  Later that month, five people were injured after a crash involving a school bus in North Haven.

Federal law doesn’t require seat belts on the “big yellow school buses” that most students ride, Stateline reported earlier this year. The buses are designed to protect riders through “compartmentalization,” structural safety features such as high, energy-absorbing seat backs and closely spaced seats so children are kept snug like eggs in a carton, Stateline reporting explained.

However, published reports indicate that those features don’t necessarily protect children during side-impact crashes or high-speed rollovers because passengers don’t always remain within their seating compartment, according to the National Transportation Safety Board, which has recommended for nearly two years that three-point seat belts be included in new buses.

Over the past 10 years, NHTSA reports, 6.2% of fatal injuries in school bus related crashes were school bus occupants.

The American School Bus Council, urging people to “support the school bus,” points out that “students are about 70 times more likely to get to school safely if they ride in the school bus instead of a car.”

Legislatures Consider Changes in Transportation Safety in CT, Nationwide

The National Conference of State Legislatures (NCSL), in cooperation with the National Highway Traffic Safety Administration, is tracking legislation on a range of traffic safety subjects that have been introduced in the 50 states and the District of Columbia – and is providing updates on the organization’s website.  The site reflects 14 proposed bills in Connecticut, being considered in the General Assembly session that began last month.   Traffic safety topics being tracked nationwide include: Aggressive Driving, Automated Enforcement/Photo Monitoring, Child Passenger Protection, Distracted Driving, Driver’s Licensing, Impaired Driving, Motorcycle Safety, Pedestrian and Bicycle Safety, School Bus Safety, Seatbelts and Occupant Protection, Senior Drivers Issues, Slow-Medium speed vehicles, Speed Limits, and Teen Driver Issues.

Among the proposals being considered in Connecticut is one that would require three-point seat safety belts for school buses and require passengers of a school bus to wear seat safety belts.  A similar proposal would require three-point seat safety belts for school buses that are model year 2019 or newer.  NCSL reports that 20 state legislatures are considering a variety of school bus safety proposals. 

Three proposals would increase fines for distracted driving offenses, including texting or using a hand-held mobile telephone while driving, and one calls for additional funds to be appropriated to the state Department of Emergency Services and Public Protection to “combat distracted driving.”  Connecticut is one of 14 states that have seen distracted driving bills suggested. 

Legislative proposals also include one that would mandate the use of helmets by motorcycle operators and passengers, and another that would regulate the operation of high-speed and low-speed electric bicycles in the state. Twenty-six states in addition to Connecticut have motorcycle safely proposals under consideration.

Members of the legislature’s Planning and Development Committee will consider proposals that call for modifications to urban street design guidelines, in order to “improve the safety, economic life and vibrancy of urban streets.”

Among the nation’s states, the largest number of legislative proposals relate to impaired driving, followed by motorcycle safety, pedestrian and bike safety, drivers licensing, drivers licensing, and school bus safety.

Forty-seven states have begun their 2017 legislative sessions.

Will CT School Buses Be Required to Add Seat Belts? New Federal Policy May Spur Change

When word came down from the National Highway Traffic Safety Administration last week that the longstanding preference for school buses without three-point lap/shoulder seat belts was being reversed, one Connecticut town could say: been there, done that. Wilton, which has about 4,200 school children on busses each day, has had the three-point safety belt system installed on its school busses since August 2012.  They apparently were the first in the state to do so.

Earlier this year, Massachusetts legislators considering a requirement for seat belts on school buses were told that passenger restraint systems would add between $11,000 and $13,000 to the cost of buses, which currently range from $90,000 to $105,000.

Frank Underhill, executive director of the School Transportation Association of Massachusetts, which includes more than 100 school bus contractors and municipalities who run their own school buses, told members of the legislature’s Public Safety Committee that six states require seat belts on school buses, but said that none of those states has fully implemented the requirement, due to a lack of funding.

Those states - California, Florida, Louisiana, New Jersey, New York and Texas -- have some sort of legislation in place requiring seat belts on school buses, according to Governing magazine. The states’ laws vary in levels of enforcement; some simply require two-point seat belts to be present on school buses, while others require that all passengers use the more secure, three-point belts.  Connecticut does not have a statewide requirement.

Wilton Transportation Coordinator Mary Channing isn’t aware of other Connecticut communities that have followed her community’s lead.  The town included the three-point belt as an option in their most recent RFP, in 2012, for student transportation, and the winning bid included the lap/shoulder belts.  It is not a board policy.

Statewide, nearly 500,000 children are transported on buses to and from school each day.  National policy, based on numerous studies, has been that buses are designed to be inherently safer than cars because of the high backs/fronts creating a “compartmentalization” and providing better crash protection.  It has been noted, however, that when students lean outside the seating “compartment” – which can occur as students, backpacks, winter gear, overcrowd seats – their level of safety diminishes.

The National Highway Traffic Safety Administration is endorsing three-point seat belts on school buses for the first time.  NHTSA Administrator Mark Rosekind acknowledged that the agency "has not always spoken with a clear voice on the issue of seat belts on school buses. The position of the National Highway Traffic Safety Administration is that seat belts save lives," Rosekind said. "That is true whether in a passenger car or in a big yellow bus. And saving lives is what we are about. So NHTSA's policy is that every child on every school bus should have a three-point seat belt."

The issue of seat belts on schools buses garnered considerable attention in Connecticut in 2010 when 16-year-old Vikas Parikh was killed in a school bus accident. The Rocky Hill High School student sustained a traumatic head injury while riding a school bus that tumbled down an embankment off of I-84 after hitting another car.  As a result, state lawmakers reopened the debate on whether to require Connecticut's roughly 10,000 school buses to install three-point seatbelt systems.  They did not.

Instead, Public Act 10-83, created a Connecticut School Bus Seat Belt account to help school districts respond to the cost of equipping school buses with lap/shoulder (3-point) seat belts, should they choose to do so.  In June 2010, the office of then-Gov. M. Jodi Rell announced that “under the law, the Department of Motor Vehicles will begin offering a program in July 2011 that offsets a portion of the sales tax bus companies pay for school buses equipped with three-point seatbelts. The program will be funded through a $50 increase in the fees paid for restoring suspended or revoked driver’s licenses, commercial driver’s licenses and vehicle registrations. The program will run through at least 2018. During the 2018 legislative session, lawmakers will hold a hearing on the program and decide whether it should be continued.”

Said Rell: “This law provides a modicum of state assistance to districts wanting to add seat belts to their fleet but does not impose a costly new mandate on all districts –- striking a good balance between incentive and choice.”

It is unclear if funds have accumulated in that account, or if any towns or companies have sought the assistance.  Some published reports suggest that the funds have been diverted to other uses in recent years.  The law requires that “school district participating in the program shall provide written notice concerning the availability and proper use of such seat belts to a parent or legal guardian of each student who will be transported on such school bus,” and that participating  school districts “instruct such students on the proper use, fastening and unfastening of such seat belts.”

A 2010 editorial in The Hartford Courant noted that “A study of emergency room visits by Columbus (Ohio) Children's Hospital found 17,000 school bus injuries in the U.S. every year — two to three times National Highway Traffic Safety Administration estimates, which use only a sampling of data and exclude field trips like the one on which Vikas Parikh died.  Seat belts work best in rollover and side-impact collisions in which students are thrown out of their seats, as Vikas was. The American Academy of Pediatrics supports restraints on buses.”

The website of the Connecticut School Transportation Association (COSTA) points out that a three-point system, “similar to the ones in automobiles, works with compartmentalization and, according to NHTSA, could provide some additional benefit to occupants of school buses, if it is consistently and properly used. But the federal government does not believe that a mandate for lap/shoulder belts is justified, because the safety benefits are very small and the cost is high. Furthermore, there are several potential negative factors, such as children wearing the shoulder portion improperly, that could mitigate the benefits of the restraints and result in a net loss of safety.”

The organization goes on to “emphasize that school buses without restraints are still safer than any other current mode of transportation—whether it’s walking to school, riding bikes, or traveling in parents’ cars,” adding “the biggest mistake that districts could make is to reduce the number of students who qualify for transportation in order to afford new buses with restraint systems. Any possible benefit of the restraints would be completely overshadowed by the increased risk to students who were denied school bus transportation.”

Last week, however, the Parikh family was among those lauding the federal change and looking for follow-through from Connecticut policy makers.  Vikas’ mother told NBC Connecticut, “If it can save at least one life, it is worth it.”

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