SF 315

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to transportation; amending seat belt requirements for motor coaches
used in school-related transportation; amending Minnesota Statutes 2008, section
169.447, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 169.447, subdivision 2a, is amended to
read:

Subd. 2a.

Passenger lap and shoulder belts.

(a) In addition to the requirements in
section 169.4501, subdivision 1 deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end a school bus may be equipped with an approved lap belt or an approved lap and
shoulder belt installed for each passenger-seating position on the bus new text begin ; and
new text end

new text begin (2) a school motor coach must be equipped with an approved lap belt or an approved
lap and shoulder belt installed for each passenger-seating position new text end .

new text begin (b) new text end The design and installation of lap belts and lap and shoulder belts required
under deleted text begin this deleted text end paragraph new text begin (a) new text end must meet the standards of the commissioner established under new text begin
this new text end paragraph deleted text begin (b) deleted text end .

deleted text begin (b) deleted text end The commissioner shall consider all concerns necessary to properly integrate
lap belts or lap and shoulder belts into the current compartmentalization safety system
and prescribe standards for the design and installation of lap and shoulder belts required
under paragraph (a). The standards are not subject to chapter 14 and are specifically not
subject to section 14.386.

(c) This subdivision does not apply to specially equipped school buses under section
169.4504.

(d) A passenger on a school bus new text begin or school motor coach new text end equipped with lap belts
or lap and shoulder belts must use these lap belts or lap and shoulder belts unless the
passenger, or if the passenger is a minor, the passenger's parent or guardian, has notified
the school district in writing that the passenger does not intend to wear the lap belt or lap
and shoulder belt.

(e) In an action for personal injury or wrongful death against a school district, a
school bus new text begin or school motor coach new text end operator under contract with a school district, or any
agent or employee of a school district or operator, or against a volunteer, no such person or
entity shall be held liable solely because the injured party was not wearing a safety belt;
provided, however, that nothing contained herein shall be construed to grant immunity
from liability for failure to:

(1) maintain in operating order any equipment required by statute, rule, or school
district policy; or

(2) comply with an applicable statute, rule, or school district policy.

(f) In an action for personal injury or wrongful death, a school district, a school
bus new text begin or school motor coach new text end contract operator, any agent or employee of a school district or
operator, or a volunteer is not liable for failing to assist any child with the adjustment,
fastening, unfastening, or other use of the lap belt or lap and shoulder belt.

new text begin (g) For purposes of this subdivision, "school motor coach" means a bus that has
an elevated passenger deck located over a baggage compartment, when the vehicle is
used to transport pupils to or from a school, as defined in section 120A.22, or to or from
school-related activities, by (1) the school or a school district, or (2) someone under an
agreement with the school or a school district, including operation under charter carrier
authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end