as introduced - 87th Legislature (2011 - 2012) Posted on 01/26/2011 10:49am
|Introduction||Posted on 01/26/2011|
A bill for an act
relating to pupil transportation; amending seat belt equipment requirements
for procurement of school buses; amending Minnesota Statutes 2010, sections
169.447, subdivision 2a; 169.685, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2010, section 169.447, subdivision 2a, is amended to
(a) In addition to the requirements in
section 169.4501, subdivision 1deleted text begin,deleted text endnew text beginnew text end
new text beginnew 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 busnew text beginnew text end
new text beginnew text end.
new text beginnew text endThe design and installation of lap belts and lap and shoulder belts required
under deleted text beginthisdeleted text end paragraph new text beginnew text endmust meet the standards of the commissioner established under
new text beginnew text endparagraph 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
(d) A passenger on a school bus 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 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
(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
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.
Minnesota Statutes 2010, section 169.685, subdivision 1, is amended to read:
deleted text beginAfter January 1, 1964,deleted text end All new
motor vehicles, not exempt from Minnesota license fees, other than a bus, deleted text beginschool bus,deleted text end
motorcycle, motorized bicycle, farm tractor, road tractor, and truck, sold or offered for
sale or registered in Minnesota shall be equipped to permit the installation of seat belts
in the front seat thereof.