Queens Tribune
 
....June 22, 5:43 PM
 
 
   
Seatbelt Dilemma: Despite State Mandate, City Doesn’t Enforce Their Use

Though every effort is made to ensure the safety of children once they get to school, there is no rule requiring them to wear safety belts to or from school on school buses.

By Ellen Thompson

In 1986, a school bus overturned while driving in Mahopac, up in the Catskills, killing one child. A few weeks later, a similar accident injured several students in Nassau County, sending politicians scrambling to draft legislation to require seat belts in public school buses.

A year later, the state Legislature passed a law mandating that all school buses purchased after July 7, 1987 must possess seat belts. Although the law did not require existing buses to be retrofitted with seat belts, today school officials say every bus in its fleet is able to wrap a nylon strap around its riders’ waists.

But seatbelts are only effective when worn. Yet, no state law specifically requires all students to wear their belts while riding in public buses. Over the course of several interviews, the Tribune found that while officials expressed good intentions toward student safety, their policy toward enforcing the wearing of seat belts remains at best ambiguous.

A Loose Law
According to the Department of Education, by June 30 their fleet of contracted buses will consist only of buses manufactured after 1986, assuring that every student will have a chance to safely strap themselves in for the ride.

The state law governing the use of those belts primarily puts the decision making in the hands of each local school district, DOE officials said. But when repeatedly asked by the Tribune to elaborate on the City’s policy concerning the usage of the seatbelts, DOE spokeswoman Marge Feinberg only referred back to state guidelines in a vaguely-worded statement.

“The safety of our students is the Department’s top priority,” Feinberg said in the statement. “Through our Office of Pupil Transportation, tasked with the safe and efficient busing of 170,000 NYC students, we ensure that each of our 6,000 buses comply with state law in every respect – including all provisions that address the presence and use of seat belts.”

The Mayor’s Office when contacted regarding the seatbelt policy said they were in line with the DOE. If no new state policy or legislation was enacted, then the City does not need to update its policy.

The only students mandated to wear seat belts are special education students and children under the age of 4, who are required to be in child safety seats, according to the New York State Department of Motor Vehicles. No statute states specifically that all students are required to wear seatbelts on city school buses or describes a process by which such a policy would be enforced.

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Students load onto a bus outside a Briarwood elementary school.

Confusion Spreads
Community Education Council Presidents and Community Superintendents couldn’t specify whether or not their district or region had a policy in place for seatbelt usage. District 28 CEC President Shirley Huntley said she was not aware of any regulations set in place for the general education students.

“At one time I think there was talk about setting [a seatbelt regulation] in our Council meeting,” she said. “It really should be mandated that students wear seatbelts though, especially if they have to wear them when in their parents’ car.” State law requires all passengers in a car to wear seatbelts.

Huntley said she finds that some parents do assume their children are wearing the seat belts when on the bus, and if students are not, her district will see that they are.
Seeing to it that students are wearing their seatbelts is not an easy feat, said District 30 CEC President Jeannie Tsavaris-Basini, and it’s an even harder feat mandating that they do.

A few years ago her CEC passed a resolution that would mandate all students – including general education students – to wear a seatbelt when a school bus is in motion. District 30 was told by the DOE that the rule could not be upheld, since the resolution was not an official piece of legislation.

Legislative Aid
Recognizing the concern of Queens parents and the need for safe transportation to and from school, state Senators Frank Padavan (R-Bellerose) and Serphin Maltese (R-Glendale) earlier this year supported a bill by Sen. Charles J. Fuschillo (R-Freeport) to require the usage of seat safety belts by passengers of school buses.

The bill states that no school bus shall be operated unless all passengers are restrained by a seat safety belt. In addition, on every school bus equipped with seat safety belts the commissioner of transportation shall post and maintain in plain view of the passengers a conspicuous warning sign reading “New York State Law Requires Every Passenger Of This School Bus To Wear A Seatbelt While This Bus Is In Operation”.

According to Padavan’s office the New York State Association For Pupil Transportation has opposed the bill as well as its companion bill in the Assembly introduced by Assemblywoman Audrey Pheffer (D-Rockaway).

Pheffer’s bill would require children aged 5 to 15 on school buses to use safety belts. Children should have at least the same safety protection while on a school bus that they are afforded in a private motor vehicle, Pheffer said.
“Reports that I recall reading were very ambivalent whether seatbelts are a plus or a minus,” Padavan said. “One of the things I do recall is that safety belts can only be applied when there is someone else on the bus who can assure that they are being used properly. The driver obviously has his responsibility of driving safely and cannot see the kids behind him or below the top of the seat to determine whether or not the student is wearing the seat belt.”

Unless a matron is put on every bus, which Padavan would be in favor of to assure seat belts are used properly, seatbelts could actually be hazardous. Studies have found that in some cases kids were playing with the belts and doing harm to each other, Padavan said.

He added that when Senate hearings were held regarding the bill, school districts around the state were not in favor of mandating seat belt enforcement regulations, a voice echoed by the State Department of Education.

“There’s nothing in the law that says they can’t do it. For example if a school district like New York City wanted to do it there is nothing stopping them from doing it,” Padavan said.

Andrew Moesel contributed

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