According to a report commissioned by the Connecticut General Assembly (CGA), federal law requires seat belts on some school buses. Small school buses, weighing less than 10,000 lbs., must have seat belts, per the National Highway Traffic Safety Administration (NHTSA). Larger school buses, which make up about 80 percent of the nation's fleet, as of February 2010, are not covered by national regulations. States reserve the right to devise and implement their own school bus seat belt laws.
Every state in the nation has child passenger safety laws requiring the use of child restraint devices, reports the Governors Highway Safety Association (GHSA). A majority of states even require booster seats for children of certain ages or sizes. These statutes tend to exempt school buses. As of May 2010, six states--New York, New Jersey, California, Florida, Texas and Louisiana--have laws governing seats belts on school buses.
A major concern inherent in the school bus seat belt debate involves the liability of school districts and their employees, particularly school bus drivers. California and Florida's laws, for example, both explicitly state that school districts, including their employees, are not responsible for ensuring that children actually wear a seat belt, though the law calls for buses to be equipped with them. In such cases, school districts are not responsible for proper use of safety belts.
The New York law leaves the decision over the use of seat belts on school buses to local school boards. According to the CGA report, approximately 35 of New York's 690 school districts require seat belt use on school buses, as of February 2010. The Texas law, which requires seat belts on all buses purchased after Sept. 1, 2010, mandates seat belt use on all buses equipped with them. It allows school districts to take disciplinary action against pupils who do not comply.
Execution of seat belt laws in Texas and Louisiana, for instance, are contingent upon the program's funding. While Texas has money earmarked for the program, the CGA report notes that, as of February 2010, "funding (for Louisiana's school bus seat belt law) does not seem likely in the near future." In Florida and California, the law states that school districts must make buses transporting elementary school children the priority when outfitting school buses with seat belts.
