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Document:51 N.J.R. 1281(b)
51 N.J.R. 1281(b)
VOLUME 51, IS SUE 15, A UGUST 5, 2019
RULE ADOPTIONS
Reporter
51 N.J .R. 1281(b)
NJ - New Jersey Register
 2019
 AUGUST
 AUGUST 5, 2019
 RULE
ADOPTIONS
 TRANSPORTATION -- MOTOR VEHICLE COMMISSION
Agency
TRANSPOR TATION > MO TOR VEHICLE COMMIS SION
Administrative Code Citation
Adopted Amendment: N.J.A.C. 13:20-50B.32
Text
Enforcement Service
Body Standards for School Buses
Proposed: F ebruary 4, 2019, at 51 N.J .R. 161(a).
Adopted: July 3, 2019, b y the Motor V ehicle Commission, B . Sue Fulton, Chair and Chief Administr ator.
Filed: July 5, 2019, as R.2019 d.082, without change .
Authorit y: N.J .S.A. 39:2-3, 39:2A -21, 39:2A -28, and 39:3B -10 and P .L. 2018, c. 118.
Effectiv e Date: A ugust 5, 2019.
Expiration Date: December 4, 2020.
Summary  of Public Comments and Agency R esponses:
The written comments receiv ed by the Motor V ehicle Commission (MVC) regarding its F ebruary 4, 2019, notice of
proposal are a vailable for inspection at the Office of the Chief Administr ator, Motor V ehicle Commission, 225 East
State Street, 9th Floor , Trenton, New Jersey .Copy Citation8/8/2019 https://advance.lexis.com/documentprint/documentprintclick/?pdmfid=1000516&crid=5906d97a-c391-4410-8336-107821e56499&ecomp= …
https://advance.lexis.com/documentprint/documentprintclick/?pdmfid=1000516&crid=5906d97a-c391-4410-8336-107821e56499&ecomp=65qfkkk&pri … 2/3[page=1282] COMMENT : Michael A. Vr ancik, Director Go vernmental R elations, New Jersey School Boards Association
stated that the proposed regulation does not pro vide an y source of funds to meet the needs of the mandate. The
commenter estimated that it ma y cost up to an additional $ 20,000 per bus for the required T ype 2 lap and shoulder
belts. In addition to the direct increase in manufacturing costs, mandatory installation of lap and shoulder belts on all
school buses is lik ely to reduce seating capacit y on the v ehicles. Consequently , school districts ma y have to purchase
additional v ehicles and hire more driv ers to serv e the same number of students. The commenter asks the MVC to
identif y a funding source to meet the costs of the requirement.
RESPONSE: The rule is promulgated in accordance with the statute enacted in 2018 (P .L. 2018, c. 118). According to
the Legislativ e Fiscal Estimate, the marginal increase in cost to purchase a new school bus with lap and shoulder
belts is appro ximately $ 5,000 per school bus. Further , the Legislature considered the reduced seating capacit y and
the need for additional school buses and driv ers and fuel costs in passing the legislation. The reduced seating
capacit y will depend on the configur ation chosen b y the school district and the selected route and the amount of
congestion for those routes. Additionally , not all school buses will be purchased ex clusiv ely by school districts. Some
buses will be purchased b y priv ate companies that supply school buses on a service contr act basis.
Federal Standards Statement
The F ederal standards for lap seat belts (known as T ype 1) are go verned b y the same F ederal regulations for the new
shoulder and lap belts (known as T ype 2), namely 49 CFR 571.208 (occupant cr ash protection), 571.209 (seat belt
assemblies), 571.210 (seat belt assembly anchor ages), and 571.222 (school bus passenger seating and cr ash
protection), which are incorpor ated into the rules b y reference. These amendments are being adopted pursuant to
the enactment of P .L. 2018, c. 118, which imposed the installation of T ype 2 seatbelts or other child restr aint
systems that are in conformit y with applicable F ederal standards in all school buses manufactured after F ebruary 21,
2019.
The legislation imposes a stricter standard than the corresponding F ederal regulations, which require T ype 2 shoulder
and lap belts for school buses weighing less than 10,000 pounds. The legislation imposes the requirement for T ype 2
belts to all school buses regardless of weight due to safet y concerns for students expressed in the statute.
The State standard ex ceeds the F ederal regulation because of the enactment of N.J .S.A. 39:3B -10, as well as the
public policy goal of pro viding for the safet y of children while being tr ansported in a school bus. In the passage of the
bill, the Legislature performed a financial analysis that determined that there would be an increase in cost in the
manufacture of new school buses, but that the increased cost is abated b y the lower costs resulting from a decrease
in treating injuries.
Regulations
Full text  of the adoption follows:
SUBCHAPTER 50B.  BODY STANDARDS FOR SCHOOL BUSES
13:20-50B.32  Seat belts for driv er and passengers
(a)-(b)  (No change.)
(c) Every school bus as defined in N.J .S.A. 39:1-1 with a manufacturer date of October 1, 1992 through
February 20, 2019, shall be equipped with either passenger T ype 1 lap safet y belts or T ype 2 lap and
shoulder safet y belts, as defined in FMVS S (Federal Motor V ehicle Safet y Standards) No . 209 (49 CFR
571.209) for each seat position. All school buses as defined in N.J .S.A. 39:1-1 manufactured on or after
February 21, 2019, shall be equipped with a T ype 2 lap and shoulder safet y belt or other child restr aint
system that is in conformit y with applicable F ederal standards for each seat position. All seat belts and
installation shall conform to FMVS S Nos. 208, 209, 210, and 222 (49 CFR 571.208, 571.209, 571.210, and
571.222), incorpor ated herein b y reference, as amended and supplemented. If safet y belt floor installation is
used, attachment hardw are shall be designed to prev ent attaching bolts and other parts from becoming
inadv ertently disengaged from the floor of the school bus.
(d) (No change.)8/8/2019 https://advance.lexis.com/documentprint/documentprintclick/?pdmfid=1000516&crid=5906d97a-c391-4410-8336-107821e56499&ecomp= …
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Terms: 
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Date and T ime: Aug 08, 2019   10:48:19 a.m. EDT  NEW JERSEY REGISTER
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