EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0196*
HOUSE BILL 196
R6, R5 4lr1370
(PRE–FILED) CF SB 724
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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2024
CHAPTER ______
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 certain seat belts in a certain manner; requiring school buses in 7
operation on a certain date to have seat belts installed by a certain date; prohibiting 8
a person from operating a school bus that is equipped with seat belts unless the 9
person and each occupant are restrained by a seat belt civil action for damages based 10
on a failure to ensure that an occupant of a school bus was wearing a seat belt; and 11
generally relating to the use of seat belts in school buses. 12
BY repealing and reenacting, with amendments, 13
Article – Education 14
Section 7–410 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Transportation 19
Section 11–153 and 11–173 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2023 Supplement) 22 2 HOUSE BILL 196
BY repealing and reenacting, with amendments, 1
Article – Transportation 2
Section 21–1118, 22–412, and 22–412.3 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Education 8
7–410. 9
(A) Each public school shall have a program of safety education that is organized 10
and administered under the bylaws, rules, and regulations of the State Board. 11
(B) THE PROGRAM OF SAFETY EDUCATION REQUIRED U NDER SUBSECTION 12
(A) OF THIS SECTION SHAL L INCLUDE STUDENT IN STRUCTION ON SCHOOL BUS 13
SAFETY AND THE PROPE R USE OF SEAT BELTS ON SCHOOL BUSES . 14
Article – Transportation 15
11–153. 16
“School bus” means a Type I school vehicle, as defined in this subtitle. 17
11–173. 18
(a) “Type I school vehicle” means a school vehicle that: 19
(1) Is designed and constructed to carry passengers; 20
(2) Is either of the body–on–chassis type construction or integral type 21
construction; and 22
(3) Has a gross vehicle weight of more than 15,000 pounds and provides a 23
minimum of 13 inches of seating space per passenger. 24
(b) “Type I school vehicle” does not include any bus operated by a common carrier 25
under the jurisdiction of a State, regional, or federal regulatory agency or operated by the 26
agency itself. 27
21–1118. 28
(a) The driver of a school bus: 29
HOUSE BILL 196 3
(1) Is responsible for its operation; and 1
(2) May not drive it into any roadway without first stopping and 2
determining that there is no danger from any other vehicle. 3
(b) The person responsible for any pupils on a school bus is: 4
(1) The teacher on the bus; or 5
(2) If a teacher is not present, the driver. 6
(c) [A person responsible for pupils on a school bus may not permit the number 7
of standing pupils to exceed one pupil for each part of the aisle that is bounded on both 8
sides by forward facing seats. 9
(d) A person responsible for pupils on a school bus may not permit any pupil to 10
stand if the school bus is equipped only with lengthwise or a combination of lengthwise and 11
forward facing seats. 12
(e) A person responsible for pupils on a school bus may not permit any pupil to 13
stand in front of the stanchion and guardrail] A PERSON RESPONSIBLE F OR PUPILS ON 14
A SCHOOL BUS MAY NOT ALLOW ANY PUPIL TO S TAND WHILE THE SCHOO L BUS IS IN 15
MOTION. 16
[(f)] (D) A person responsible for pupils on a school bus may not [permit] 17
ALLOW any pupil to operate the front door opening mechanism, except in an emergency. 18
[(g)] (E) A person responsible for pupils on a school bus may not require any 19
pupil to sit on the floor. 20
[(h)] (F) Except for the driver and any fuel station attendant, a person may not 21
occupy a school bus while it is being supplied with fuel. 22
[(i)] (G) Either the driver or an adult aide assigned to each school vehicle that 23
is used to transport handicapped children shall be certified as having successfully 24
completed a first aid–safety course approved by the Department of Education. 25
22–412. 26
(a) Every motor vehicle registered in this State and manufactured or assembled 27
after June 1, 1964, shall be equipped with two sets of seat belts on the front seat of the 28
vehicle. 29
(b) Every motor vehicle registered in this State and manufactured or assembled 30
with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts on the rear 31
seat of the vehicle. 32 4 HOUSE BILL 196
(c) (1) EVERY SCHOOL BUS PURC HASED ON OR AFTER OCTOBER 1, 2024 1
JULY 1, 2027, AND REGISTERED IN TH E STATE SHALL BE EQUIPP ED WITH 3–POINT 2
SEAT BELTS THAT ARE ACCESSIBLE TO PASSEN GERS FOR EVERY SEAT ON THE 3
SCHOOL BUS. 4
(2) EVERY SCHOOL BUS IN O PERATION BEFORE OCTOBER 1, 2024, 5
AND REGISTERED IN TH E STATE SHALL HAVE SEAT BELTS THAT ARE ACCES SIBLE TO 6
PASSENGERS INSTALLED FOR EVERY SEAT ON TH E SCHOOL BUS BY OCTOBER 1, 7
2026. 8
(D) A person may not sell or offer for sale any vehicle in violation of this section. 9
[(d)] (E) For the purpose of this section only, “motor vehicle” does not include 10
any motorcycle other than an autocycle, bus, or truck. 11
[(e)] (F) For the purpose of this section only, “seat belt” means any belt, strap, 12
harness, or like device. 13
[(f)] (G) A seat belt may not be sold or offered for sale for use in connection with 14
the operation of a motor vehicle in this State after June 1, 1964, unless it meets applicable 15
federal motor vehicle safety standards. 16
22–412.3. 17
(a) (1) In this section the following words have the meanings indicated. 18
(2) (i) “Motor vehicle” means a vehicle that is: 19
1. Registered or capable of being registered in this State as a 20
Class A (passenger), Class E (truck), Class F (tractor), Class M (multipurpose), or Class P 21
(passenger bus) vehicle; and 22
2. Required to be equipped with seat belts under federal 23
motor vehicle safety standards contained in the Code of Federal Regulations. 24
(ii) “Motor vehicle” does not include a Class L (historic) vehicle. 25
(3) “Outboard front seat” means a front seat position that is adjacent to a 26
door of a motor vehicle. 27
(4) (i) “Seat belt” means a restraining device described under § 22–412 28
of this subtitle. 29
(ii) “Seat belt” includes a combination seat belt–shoulder harness. 30
HOUSE BILL 196 5
(b) (1) A person may not operate a motor vehicle unless the person and each 1
occupant under 16 years old are restrained by a seat belt or a child safety seat as provided 2
in § 22–412.2 of this subtitle. 3
(2) A PERSON MAY NOT OPERA TE A SCHOOL BUS THAT IS EQUIPPED 4
WITH SEAT BELTS UNLE SS THE PERSON AND EACH OCCU PANT ARE RESTRAINED BY 5
A SEAT BELT. 6
(c) (1) The provisions of this subsection apply to a person who is at least 16 7
years old. 8
(2) Unless a person is restrained by a seat belt, the person may not be a 9
passenger in an outboard front seat of a motor vehicle. 10
(3) (i) Unless a person is restrained by a seat belt, the person may not 11
be a passenger in a rear seat of a motor vehicle. 12
(ii) A police officer may enforce this paragraph only as a secondary 13
action when the police officer detains a driver of a motor vehicle for a suspected violation 14
of another provision of the Code. 15
(d) If a physician licensed to practice medicine in this State determines and 16
certifies in writing that use of a seat belt by a person would prevent appropriate restraint 17
due to a person’s physical disability or other medical reason, the provisions of this section 18
do not apply to the person. 19
(e) A certification under subsection (d) of this section shall state: 20
(1) The nature of the physical disability; and 21
(2) The reason that restraint by a seat belt is inappropriate. 22
(f) The provisions of this section do not apply to U.S. Postal Service and contract 23
carriers while delivering mail to local box routes. 24
(g) A violation of this section is not considered a moving violation for purposes of 25
§ 16–402 of this article. 26
(h) (1) Failure of an individual to use a seat belt in violation of this section may 27
not: 28
(i) Be considered evidence of negligence; 29
(ii) Be considered evidence of contributory negligence; 30
(iii) Limit liability of a party or an insurer; or 31
6 HOUSE BILL 196
(iv) Diminish recovery for damages arising out of the ownership, 1
maintenance, or operation of a motor vehicle. 2
(2) Subject to the provisions of paragraph (3) of this subsection, a party, 3
witness, or counsel may not make reference to a seat belt during a trial of a civil action that 4
involves property damage, personal injury, or death if the damage, injury, or death is not 5
related to the design, manufacture, installation, supplying, or repair of a seat belt. 6
(3) (i) Nothing contained in this subsection may be construed to 7
prohibit the right of a person to institute a civil action for damages against a dealer, 8
manufacturer, distributor, factory branch, or other appropriate entity arising out of an 9
incident that involves a defectively installed or defectively operating seat belt. 10
(ii) In a civil action in which 2 or more parties are named as joint 11
tort–feasors, interpleaded as defendants, or impleaded as defendants, and 1 of the joint 12
tort–feasors or defendants is not involved in the design, manufacture, installation, 13
supplying, or repair of a seat belt, a court shall order separate trials to accomplish the ends 14
of justice on a motion of any party. 15
(4) THE FAILURE OF A SCHO OL BUS OPERAT OR TO ENSURE THAT AN 16
OCCUPANT OF A SCHOOL BUS WAS WEARING A SE AT BELT MAY NOT BE T HE BASIS OF 17
A CIVIL ACTION FOR D AMAGES AGAINST THE S CHOOL BUS OPERATOR O R A SCHOOL, 18
SCHOOL DISTRICT , OR MUNICIPALITY . 19
(i) The Administration and the Department of State Police shall establish 20
prevention and education programs to encourage compliance with the provisions of this 21
section. 22
(j) The Administration shall include information on this State’s experience with 23
the provisions of this section in the annual evaluation report on the State’s highway safety 24
plan that this State submits to the National Highway Traffic Safety Administration and 25
the Federal Highway Administration under 23 U.S.C. § 402. 26
(k) Any person convicted of a violation of this section is subject to a fine of not 27
more than $50. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2024. 30