51 N.J.R. 161(a)
VOLUME 51, ISSUE 3, FEBRUARY 4, 2019
RULE PROPOSALS
Reporter
51 N.J.R. 161(a)
NJ - New Jersey Register 2019 FEBRUARY FEBRUARY 4, 2019 RULE
PROPOSALS TRANSPORTATION -- MOTOR VEHICLE COMMISSION
Interested Persons Statement
Agency
TRANSPORTATION > MOTOR VEHICLE COMMISSION
Administrative Code Citation
Proposed Amendment: N.J.A.C. 13:20-50B.32
Text
Enforcement Service
Body Standards fo r School Buses
Authorized By: Motor Vehicle Commission, B. Sue Fulton, Chair and Chief Administrator.Copy Citationhttps://advance.lexis.com/documentprint/documentprintclick/?pdm fid=1...
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Authority: N.J.S.A. 39:2-3, 39:2A-21, 39:2A-28, and 39:3B-10 and P.L. 2018, c. 118.
Calendar Reference: See Summary below for expl anation of exception to calendar requirement.
Proposal Number: PRN 2019-018.Submit written comments by April 5, 2019, to:   Kate Tasch, Administrative Practice Officer
   Regulatory and Legal Affairs   Motor Vehicle Commission   225 East State Street   PO Box 162   Trenton, NJ 08666-0162   or via e-mail to: 
rulecomments@mvc.nj.gov
The agency proposal follows:SummaryThe public comment period for this notice of proposal will be 60 days, as the notice of proposal is not
listed in the agency rulemaking calendar. This noti ce of proposal is exce pted from the rulemaking
calendar requirements, pursuant  to N.J.A.C. 1:30-3.3(a)5.
The proposed amendment to N.J.A.C. 13:20-50B.32 se ts forth the regulation of seat belts on school
buses manufactured on or after February 21, 2019, to  be consistent with the enactment of P.L. 2018,
c. 118 on August 25, 2018 (which is effective on the 180th day following enactment, February 21,2019). This section is proposed for amendment to  indicate that school buses manufactured between
October 1, 1992 and February 20, 2019, shall be equipped with "either a Type 1" lap safety belts or"Type 2" lap and shoulder safety belts, as defi ned by Federal regulation. N.J.S.A. 39:3B-10 now
requires that seat belts for each seating position  on school buses be the three-point lap and shoulder
seat belt type, rather than the previously mandat ed lap belt type. P.L. 2018, c. 118 also mandates
that the rule shall be amended so as to be in  conformity with the statutory amendment, which
requires that all school buses manufactured on or after the effective date of February 21, 2019, mustbe equipped with Type 2 lap and shoulder belts.
Additionally, the proposed amendment conforms with Federal Motor Vehicle Safety Standards
(FMVSS) No. 222 (49 CFR § 571.222), which is incorporated herein by reference, as amended andsupplemented.
Social ImpactThe proposed amendments will have a positive impa ct because the installation of three-point lap and
shoulder seat belts provide greater safety than  the currently mandated lap belt seat belts.
Economic ImpactThe Motor Vehicle Commission (Commission) anticipates that the proposed amendments will have a
minor economic impact on the general public. As pa rt of the legislative process, the General Assembly
did a fiscal analysis on the impact of passage of the bill (June 25, 2018, bill number A4110). Theanalysis revealed that the bill would impose an  increased cost on the manufacturing of new school
buses. Because the new configuration causes a loss in seating capacity, more school buses will berequired to transport the same number of students. The rerouting of school buses may help toalleviate this problem. While not all the school buses will be purchased exclusively by the schooldistricts, it is assumed that the bulk of the cost  will eventually be borne by the districts through
contract pricing. Finally, the increased cost can also be weighed against the cost of treating injuriesthat would decrease with the use of the safer lap and shoulder belts.
Federal Standards StatementThe Federal standards for lap seat belts (known as Type 1) are governed by the same Federal
regulations for the new shoulder and lap belts (known as Type 2), namely 49 CFR 571.208 (occupantcrash protection), 49 CFR 571.209 (seat belt assemblies), 49 CFR 571.210 (seat belt assemblyanchorages), and 49 CFR 571.222 (school bus passenger seating and crash protection), which areincorporated into the rules by reference. These proposed amendments are promulgated due to theenactment of P.L. 2018, c. 118, which imposed the installation of Type 2 seatbelts or other child
restraint systems that are in conformity with applicable Federal standards in all school buses
manufactured on or after February 21, 2019.https://advance.lexis.com/documentprint/documentprintclick/?pdm fid=1...
2 of 4 3/26/2019, 11:35 AMThe legislation imposes a stricter standard than the corresponding Federal regulations, which require
Type 2 shoulder and lap belts for school buses we ighing less than 10,000 pounds. The legislation
imposes the requirement for Type 2 belts to all sch ool buses, regardless of weight due to safety
concerns for students expressed in the statute.
The State standard exceeds the Federal regulation because of the enactment of N.J.S.A. 39:3B-10, as
well as the public policy goal of providing for the safety of children while being transported in a school
bus. In the passage of the bill, the Legislature pe rformed a financial analysis that determined that
there would be an increase in cost in the manufacture of new school buses, but that the increasedcost is abated by the lower costs resulting from a decrease in treating injuries.
Jobs ImpactThe Commission does not anticipate that the proposed amendments will have any impact on jobs.Agriculture Industry ImpactThe proposed amendments have no impact on the agriculture industry. They are not intended to
regulate farming, crop, or animal production.
Regulatory Flexibility StatementThe proposed amendments do not impose any reporting, recordkeeping, or compliance requirements
on small businesses as that term is defined in th e Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et
seq. The school bus manufacturers affected by the requirements of the proposed amendments arelarge businesses, not small businesses.
Housing Affordability Impact AnalysisIt is not anticipated that the proposed amendmen ts will have any impact on the affordability of
housing in New Jersey and there is an extreme unlikelihood that the amendments will evoke a changein the average costs associated with housing because the proposed amendments pertain solely to theinstallation of shoulder and lap seat belts on school buses manufactured on or after February 21,
2019.
Smart Growth Development Impact AnalysisIt is not anticipated that the proposed amendments  will have any impact on smart growth in New
Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in
housing production in Planning Areas 1 or 2, or within designated centers, under the State
Development and Redevelopment Plan in New Jersey because the proposed amendments pertainsolely to the installation of shoulder and lap se at belts on school buses manufactured on or after
February 21, 2019.
Racial and Ethnic Community Criminal  Justice and Public Safety Impact
The Commission has determined that the proposed amendments will have no impact on pretrial
detention, sentencing, probation, or  parole [page=162] policies concerning juveniles and adults in the
State. Accordingly, no furt her analysis is required.
Regulations
Full text  of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets
[thus]):
SUBCHAPTER 50B. BODY STANDARDS FOR SCHOOL BUSES
13:20-50B.32 Seat belts for driver and passengers(a)-(b) (No change.)(c) Every school bus as defined in N.J.S.A. 39:1-1 with a manufactu rer date of October 1,https://advance.lexis.com/documentprint/documentprintclick/?pdm fid=1...
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Date and Time: Mar 26, 2019   11:35:52 a.m. EDT1992 through February 20, 2019,  shall be equipped with  either  passenger Type 1  lap safety belts
or Type 2  lap and shoulder safety belts , as defined in FMVSS (Federal Motor Vehicle Safety
Standards) No. 209 (49 CFR 571.209)  for each seat position [that] . All school buses as defined
in N.J.S.A. 39:1-1 manufactured on or after February 21, 2019, shal l be equipped with a
Type 2 lap and shoulder safety belt or other child restraint system that is in conformity
with applicable Federal standards for each seat position. All seat belts and installation shall
conform to FMVSS Nos. 208, 209, [and] 210 , and 222  (49 CFR [§§] 571.208, 571.209, [and]
571.210 , and 571.222 ), incorporated herein by reference, as amended and supplemented. If safety
belt floor installation is used, attachment hardware shall be designed to prevent attaching bolts andother parts from becoming inadvertently dise ngaged from the floor of the school bus.
(d) (No change.)
NEW JERSEY REGISTER
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