EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0196*
HOUSE BILL 196
R6, R5 4lr1370
(PRE–FILED)
By: Delegates Taveras, Guyton, Hill, and Kaufman
Requested: October 31, 2023
Introduced and read first time: January 10, 2024
Assigned to: Environment and Transportation and Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Motor Vehicles – School Buses – Seat Belts 2
FOR the purpose of requiring the public school safety education program to include student 3
instruction concerning school bus safety and the proper use of seat belts on school 4
buses; prohibiting certain persons from allowing pupils to stand in a school bus while 5
the school bus is in motion; requiring school buses purchased after a certain date to 6
be equipped with seat belts in a certain manner; requiring school buses in operation 7
on a certain date to have seat belts installed by a certain date; prohibiting a person 8
from operating a school bus that is equipped with seat belts unless the person and 9
each occupant are restrained by a seat belt; and generally relating to the use of seat 10
belts in school buses. 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 7–410 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Transportation 18
Section 11–153 and 11–173 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2023 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Transportation 23
Section 21–1118, 22–412, and 22–412.3 24
Annotated Code of Maryland 25
(2020 Replacement Volume and 2023 Supplement) 26
2 HOUSE BILL 196
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Education 3
7–410. 4
(A) Each public school shall have a program of safety education that is organized 5
and administered under the bylaws, rules, and regulations of the State Board. 6
(B) THE PROGRAM OF SAFETY EDUCATION REQUIRED U NDER SUBSECTION 7
(A) OF THIS SECTION SHAL L INCLUDE STUDENT IN STRUCTION ON SCHOOL BUS 8
SAFETY AND THE PROPE R USE OF SEAT BELTS ON SCHOOL BUSES. 9
Article – Transportation 10
11–153. 11
“School bus” means a Type I school vehicle, as defined in this subtitle. 12
11–173. 13
(a) “Type I school vehicle” means a school vehicle that: 14
(1) Is designed and constructed to carry passengers; 15
(2) Is either of the body–on–chassis type construction or integral type 16
construction; and 17
(3) Has a gross vehicle weight of more than 15,000 pounds and provides a 18
minimum of 13 inches of seating space per passenger. 19
(b) “Type I school vehicle” does not include any bus operated by a common carrier 20
under the jurisdiction of a State, regional, or federal regulatory agency or operated by the 21
agency itself. 22
21–1118. 23
(a) The driver of a school bus: 24
(1) Is responsible for its operation; and 25
(2) May not drive it into any roadway without first stopping and 26
determining that there is no danger from any other vehicle. 27
(b) The person responsible for any pupils on a school bus is: 28
HOUSE BILL 196 3
(1) The teacher on the bus; or 1
(2) If a teacher is not present, the driver. 2
(c) [A person responsible for pupils on a school bus may not permit the number 3
of standing pupils to exceed one pupil for each part of the aisle that is bounded on both 4
sides by forward facing seats. 5
(d) A person responsible for pupils on a school bus may not permit any pupil to 6
stand if the school bus is equipped only with lengthwise or a combination of lengthwise and 7
forward facing seats. 8
(e) A person responsible for pupils on a school bus may not permit any pupil to 9
stand in front of the stanchion and guardrail] A PERSON RESPONSIBLE F OR PUPILS ON 10
A SCHOOL BUS MAY NOT ALLOW ANY PUPIL TO STAND WHILE THE S CHOOL BUS IS IN 11
MOTION. 12
[(f)] (D) A person responsible for pupils on a school bus may not [permit] 13
ALLOW any pupil to operate the front door opening mechanism, except in an emergency. 14
[(g)] (E) A person responsible for pupils on a school bus may not require any 15
pupil to sit on the floor. 16
[(h)] (F) Except for the driver and any fuel station attendant, a person may not 17
occupy a school bus while it is being supplied with fuel. 18
[(i)] (G) Either the driver or an adult aide assigned to each school vehicle that 19
is used to transport handicapped children shall be certified as having successfully 20
completed a first aid–safety course approved by the Department of Education. 21
22–412. 22
(a) Every motor vehicle registered in this State and manufactured or assembled 23
after June 1, 1964, shall be equipped with two sets of seat belts on the front seat of the 24
vehicle. 25
(b) Every motor vehicle registered in this State and manufactured or assembled 26
with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts on the rear 27
seat of the vehicle. 28
(c) (1) EVERY SCHOOL BUS PURCHASED ON OR AFTER OCTOBER 1, 2024, 29
AND REGISTERED IN TH E STATE SHALL BE EQUIPP ED WITH SEAT BELTS THAT ARE 30
ACCESSIBLE TO PASSEN GERS FOR EVERY SEAT ON TH E SCHOOL BUS. 31
(2) EVERY SCHOOL BUS IN O PERATION BEFORE OCTOBER 1, 2024, 32
AND REGISTERED IN TH E STATE SHALL HAVE SEAT BELTS THAT ARE ACCESSIBLE TO 33 4 HOUSE BILL 196
PASSENGERS INSTALLED FOR EVERY SEAT ON TH E SCHOOL BUS BY OCTOBER 1, 1
2026. 2
(D) A person may not sell or offer for sale any vehicle in violation of this section. 3
[(d)] (E) For the purpose of this section only, “motor vehicle” does not include 4
any motorcycle other than an autocycle, bus, or truck. 5
[(e)] (F) For the purpose of this section only, “seat belt” means any belt, strap, 6
harness, or like device. 7
[(f)] (G) A seat belt may not be sold or offered for sale for use in connection with 8
the operation of a motor vehicle in this State after June 1, 1964, unless it meets applicable 9
federal motor vehicle safety standards. 10
22–412.3. 11
(a) (1) In this section the following words have the meanings indicated. 12
(2) (i) “Motor vehicle” means a vehicle that is: 13
1. Registered or capable of being registered in this State as a 14
Class A (passenger), Class E (truck), Class F (tractor), Class M (multipurpose), or Class P 15
(passenger bus) vehicle; and 16
2. Required to be equipped with seat belts under federal 17
motor vehicle safety standards contained in the Code of Federal Regulations. 18
(ii) “Motor vehicle” does not include a Class L (historic) vehicle. 19
(3) “Outboard front seat” means a front seat position that is adjacent to a 20
door of a motor vehicle. 21
(4) (i) “Seat belt” means a restraining device described under § 22–412 22
of this subtitle. 23
(ii) “Seat belt” includes a combination seat belt–shoulder harness. 24
(b) (1) A person may not operate a motor vehicle unless the person and each 25
occupant under 16 years old are restrained by a seat belt or a child safety seat as provided 26
in § 22–412.2 of this subtitle. 27
(2) A PERSON MAY NOT OPERA TE A SCHOOL BUS THAT IS EQUIPPED 28
WITH SEAT BELTS UNLESS THE PERSON AN D EACH OCCUPANT ARE RESTRAINED BY 29
A SEAT BELT. 30
HOUSE BILL 196 5
(c) (1) The provisions of this subsection apply to a person who is at least 16 1
years old. 2
(2) Unless a person is restrained by a seat belt, the person may not be a 3
passenger in an outboard front seat of a motor vehicle. 4
(3) (i) Unless a person is restrained by a seat belt, the person may not 5
be a passenger in a rear seat of a motor vehicle. 6
(ii) A police officer may enforce this paragraph only as a secondary 7
action when the police officer detains a driver of a motor vehicle for a suspected violation 8
of another provision of the Code. 9
(d) If a physician licensed to practice medicine in this State determines and 10
certifies in writing that use of a seat belt by a person would prevent appropriate restraint 11
due to a person’s physical disability or other medical reason, the provisions of this section 12
do not apply to the person. 13
(e) A certification under subsection (d) of this section shall state: 14
(1) The nature of the physical disability; and 15
(2) The reason that restraint by a seat belt is inappropriate. 16
(f) The provisions of this section do not apply to U.S. Postal Service and contract 17
carriers while delivering mail to local box routes. 18
(g) A violation of this section is not considered a moving violation for purposes of 19
§ 16–402 of this article. 20
(h) (1) Failure of an individual to use a seat belt in violation of this section may 21
not: 22
(i) Be considered evidence of negligence; 23
(ii) Be considered evidence of contributory negligence; 24
(iii) Limit liability of a party or an insurer; or 25
(iv) Diminish recovery for damages arising out of the ownership, 26
maintenance, or operation of a motor vehicle. 27
(2) Subject to the provisions of paragraph (3) of this subsection, a party, 28
witness, or counsel may not make reference to a seat belt during a trial of a civil action that 29
involves property damage, personal injury, or death if the damage, injury, or death is not 30
related to the design, manufacture, installation, supplying, or repair of a seat belt. 31
6 HOUSE BILL 196
(3) (i) Nothing contained in this subsection may be construed to 1
prohibit the right of a person to institute a civil action for damages against a dealer, 2
manufacturer, distributor, factory branch, or other appropriate entity arising out of an 3
incident that involves a defectively installed or defectively operating seat belt. 4
(ii) In a civil action in which 2 or more parties are named as joint 5
tort–feasors, interpleaded as defendants, or impleaded as defendants, and 1 of the joint 6
tort–feasors or defendants is not involved in the design, manufacture, installation, 7
supplying, or repair of a seat belt, a court shall order separate trials to accomplish the ends 8
of justice on a motion of any party. 9
(i) The Administration and the Department of State Police shall establish 10
prevention and education programs to encourage compliance with the provisions of this 11
section. 12
(j) The Administration shall include information on this State’s experience with 13
the provisions of this section in the annual evaluation report on the State’s highway safety 14
plan that this State submits to the National Highway Traffic Safety Administration and 15
the Federal Highway Administration under 23 U.S.C. § 402. 16
(k) Any person convicted of a violation of this section is subject to a fine of not 17
more than $50. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2024. 20