SUMMARY--Requires seat belts in certain school buses. (BDR 34-1149)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to school buses; requiring seat belts in certain school buses; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 392.410 is hereby amended to read as follows:
392.4101. Except as otherwise provided in this subsection, every school bus operated for the transportation of pupils to or from school must be equipped with:
(a) A system of flashing red lights of a type approved by the state board, and installed at the expense of the school district or operator. Except as otherwise provided in subsection 2, the driver shall operate this signal:
(1) When the bus is stopped to unload pupils.
(2) When the bus is stopped to load pupils.
(3) In times of emergency or accident, when appropriate.
(b) A mechanical device, attached to the front of the bus which, when extended, causes persons to walk around the device. The device must be approved by the state board and installed at the expense of the school district or operator. The driver shall operate the device when the bus is stopped to load or unload pupils. The installation of such a mechanical device is not required for a school bus which is used solely to transport pupils with special needs who are individually loaded and unloaded in a manner which does not require them to walk in front of the bus. The provisions of this paragraph do not prohibit a school district from upgrading or replacing such a mechanical device with a more efficient and effective device that is approved by the state board.
2. A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:
(a) Has been designated by a school district and approved by the department;
(b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;
(c) Is not within an intersection of roadways;
(d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;
(e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and
(f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.
3. Every school bus first put into operation on or after July 1, 1999, must be equipped with a lap-type safety belt assembly for each passenger.
4. In addition to the equipment required by [subsection] subsections 1 and 3, and except as otherwise provided in subsection 4 of NRS 392.400, each school bus must be equipped and identified as required by the regulations of the state board.
[4.] 5. The agents and employees of the department of motor vehicles and public safety shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered to the superintendent of schools of the school district wherein the vehicles are operating.
[5.] 6. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of it from the department of motor vehicles and public safety, he is guilty of a misdemeanor, and upon conviction must be removed from office.
[6.] 7. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 2 NRS 484.641 is hereby amended to read as follows:
484.641 1. It is unlawful to drive a passenger car manufactured after:
(a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.
(b) January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff's office.
(c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.
2. Any person driving and any passenger 5 years of age or older who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 6,000 pounds, on any highway, road or street in this state shall wear a safety belt if one is available for his seating position.
3. A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child 5 years of age or older but under 18 years, a citation must be issued to the driver for his failure to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of work for the community.
4. A violation of subsection 2:
(a) Is not a moving traffic violation under NRS 483.473.
(b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484.377.
(c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.
5. The department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.
6. The provisions of subsections 2 and 3 do not apply:
(a) To a driver or passenger who possesses a written statement by a physician certifying that he is unable to wear a safety belt for medical or physical reasons;
(b) If the vehicle is not required by federal law to be equipped with safety belts;
(c) To an employee of the United States Postal Service while delivering mail in the rural areas of this state;
(d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or
(e) To a passenger riding in a means of public transportation, including a taxi, school bus first put into operation before July 1, 1999, or emergency vehicle.
7. It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.
Sec. 3 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.