A5630

An Act concerning school bus safety, amending P.L.2015, c.266, and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2015, c.266 (C.39:3B-26) is amended to read as follows:

2. [Each] Except as otherwise provided in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), each school bus, as that term is defined in R.S.39:1-1, shall be equipped with a sensor to [determine] detect the presence of objects in the front or back of the bus.

The design and installation of the sensor shall conform to regulations to be promulgated by the State Board of Education, in consultation with the Chief Administrator of the New Jersey Motor Vehicle Commission in the Department of Transportation, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(cf: P.L.2015, c.266, s.2)

2. (New section) a. As used in this section:

“Pedestrian” means the same as that term is defined in R.S.39:1-1.

“School bus” means the same as that term is defined in R.S.39:1-1.

“School bus danger zone” means the radius surrounding a school bus, which radius is to be determined by the Department of Education pursuant to subsection d. of this section.

“Sensor” means the school bus sensor described in subsection b. of this section and any related safety technology that may be required to support the functionality of the school bus sensor.

b. Each school bus purchased or manufactured after the effective date of this section shall be equipped with a sensor to detect the presence of pedestrians and other objects in the school bus danger zone. At a minimum, the sensor shall be capable of providing the school bus driver with a live, three-dimensional panoramic view of the school bus danger zone.

c. Any images captured or recorded by a sensor shall only be used for school transportation safety purposes, including crash investigations, school bus driver training, and administrative or law enforcement review, and shall not be used for surveillance purposes.

d. The Department of Education, in consultation with the Chief Administrator of the New Jersey Motor Vehicle Commission, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement the provisions of this section. At a minimum, the rules and regulations shall establish the radius surrounding a school bus that constitutes the school bus danger zone and procedures for:

(1) maintaining the sensor;

(2) reporting any technological or mechanical sensor failure that occurred while a school bus was being operated or any other identified school bus safety concerns; and

(3) securing, protecting, and purging any images captured or recorded by the sensor.

3. (New section) a. The Office of School Bus Safety in the Department of Education shall research the feasibility of retrofitting school buses that are not subject to the requirements set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) to voluntarily comply with the requirements of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The office may collaborate with any other State department or agency, board, commission, corporation, or authority as may be necessary to conduct its research.

b. Within one year of the effective date of this section, the office shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), detailing the findings from the research conducted pursuant to subsection a. of this section and any recommendations for future legislative or regulatory action.

4. This act shall take effect on the 180th day after the date of enactment. However, the Department of Education, in consultation with the Chief Administrator of the New Jersey Motor Vehicle Commission, may take any anticipatory administrative action prior to the effective date as shall be necessary to implement the provisions of this act.

STATEMENT

This bill establishes new requirements for school bus safety features. Specifically, the bill requires each school bus purchased or manufactured 180 days after the bill’s enactment to be equipped with a sensor to detect the presence of pedestrians and other objects in the school bus danger zone. At a minimum, the sensor is to be capable of providing the school bus driver with a live, three-dimensional panoramic view of the school bus danger zone. The bill provides that any images captured or recorded by a sensor may only be used for school transportation safety purposes and are not to be used for surveillance purposes.

The bill requires the Department of Education (DOE), in collaboration with the Chief Administrator of the New Jersey Motor Vehicle Commission, to adopt rules and regulations necessary to implement the provisions of the bill. At a minimum, the rules and regulations are to establish the radius surrounding a school bus that constitutes the school bus danger zone and procedures for: (1) maintaining the sensor; (2) reporting any technological or mechanical sensor failure that occurred while a school bus was being operated or any other identified school bus safety concerns; and (3) securing, protecting, and purging any images captured or recorded by the sensor.

Finally, the bill requires the Office of School Bus Safety (office) to research the feasibility of retrofitting school buses that are not subject to the new sensor requirements established by the bill to voluntarily comply with those requirements. The bill permits the office to collaborate with any other State department or agency, board, commission, corporation, or authority as may be necessary to conduct its research. The office is required to submit a report on its research findings, including the feasibility of retrofitting school buses on a voluntary basis, and any recommendations for future legislative or regulatory action, to the Governor and Legislature.

Under current law, each school bus is required to be equipped with a sensor to detect the presence of objects in the front or back of the bus.