Maryland 2025 Regular Session

Maryland Senate Bill SB498 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0498
6	6
7	7	SENATE BILL 498
8	8	R5, F1 5lr2741
9	9	SB 724/24 – JPR CF HB 134
10	10	By: Senator Ellis
11	11	Introduced and read first time: January 23, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Motor Vehicles – School Buses – Seat Belts 2
19	19
20	20	FOR the purpose of requiring the public school safety education program to include student 3
21	21	instruction concerning school bus safety and the proper use of seat belts on school 4
22	22	buses; requiring school buses purchased after a certain date and registered in the 5
23	23	State to be equipped with certain seat belts in a certain manner; prohibiting a civil 6
24	24	action for damages based on the failure of a school bus operator to ensure that an 7
25	25	occupant of a school bus was wearing a seat belt; and generally relating to the use of 8
26	26	seat belts on school buses. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Education 11
30	30	Section 7–410 12
31	31	Annotated Code of Maryland 13
32	32	(2022 Replacement Volume and 2024 Supplement) 14
33	33
34	34	BY repealing and reenacting, without amendments, 15
35	35	Article – Transportation 16
36	36	Section 11–153 and 11–173 17
37	37	Annotated Code of Maryland 18
38	38	(2020 Replacement Volume and 2024 Supplement) 19
39	39
40	40	BY repealing and reenacting, with amendments, 20
41	41	Article – Transportation 21
42	42	Section 21–1118, 22–412, and 22–412.3 22
43	43	Annotated Code of Maryland 23
44	44	(2020 Replacement Volume and 2024 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 SENATE BILL 498
49	49
50	50
51	51	Article – Education 1
52	52
53	53	7–410. 2
54	54
55	55	(A) Each public school shall have a program of safety education that is organized 3
56	56	and administered under the bylaws, rules, and regulations of the State Board. 4
57	57
58	58	(B) THE PROGRAM OF SAFETY EDUCATION REQUIRED U NDER SUBSECTION 5
59	59	(A) OF THIS SECTION SHAL L INCLUDE STUDENT IN STRUCTION ON SCHOOL BUS 6
60	60	SAFETY AND THE PROPE R USE OF SEAT BELTS ON SCHOOL BUSES . 7
61	61
62	62	Article – Transportation 8
63	63
64	64	11–153. 9
65	65
66	66	“School bus” means a Type I school vehicle, as defined in this subtitle. 10
67	67
68	68	11–173. 11
69	69
70	70	(a) “Type I school vehicle” means a school vehicle that: 12
71	71
72	72	(1) Is designed and constructed to carry passengers; 13
73	73
74	74	(2) Is either of the body–on–chassis type construction or integral type 14
75	75	construction; and 15
76	76
77	77	(3) Has a gross vehicle weight of more than 15,000 pounds and provides a 16
78	78	minimum of 13 inches of seating space per passenger. 17
79	79
80	80	(b) “Type I school vehicle” does not include any bus operated by a common carrier 18
81	81	under the jurisdiction of a State, regional, or federal regulatory agency or operated by the 19
82	82	agency itself. 20
83	83
84	84	21–1118. 21
85	85
86	86	(a) The driver of a school bus: 22
87	87
88	88	(1) Is responsible for its operation; and 23
89	89
90	90	(2) May not drive it into any roadway without first stopping and 24
91	91	determining that there is no danger from any other vehicle. 25
92	92
93	93	(b) The person responsible for any pupils on a school bus is: 26
94	94
95	95	(1) The teacher on the bus; or 27
96	96
97	97	(2) If a teacher is not present, the driver. 28 SENATE BILL 498 3
98	98
99	99
100	100
101	101	(c) A person responsible for pupils on a school bus may not [permit] ALLOW the 1
102	102	number of standing pupils to exceed one pupil for each part of the aisle that is bounded on 2
103	103	both sides by forward facing seats. 3
104	104
105	105	(d) A person responsible for pupils on a school bus may not [permit] ALLOW any 4
106	106	pupil to stand if the school bus is equipped only with lengthwise or a combination of 5
107	107	lengthwise and forward facing seats. 6
108	108
109	109	(e) A person responsible for pupils on a school bus may not [permit] ALLOW any 7
110	110	pupil to stand in front of the stanchion and guardrail. 8
111	111
112	112	(f) A person responsible for pupils on a school bus may not [permit] ALLOW any 9
113	113	pupil to operate the front door opening mechanism, except in an emergency. 10
114	114
115	115	(g) A person responsible for pupils on a school bus may not require any pupil to 11
116	116	sit on the floor. 12
117	117
118	118	(h) Except for the driver and any fuel station attendant, a person may not occupy 13
119	119	a school bus while it is being supplied with fuel. 14
120	120
121	121	(i) Either the driver or an adult aide assigned to each school vehicle that is used 15
122	122	to transport handicapped children shall be certified as having successfully completed a first 16
123	123	aid–safety course approved by the Department of Education. 17
124	124
125	125	22–412. 18
126	126
127	127	(a) Every motor vehicle registered in [this] THE State and manufactured or 19
128	128	assembled after June 1, 1964, shall be equipped with two sets of seat belts on the front seat 20
129	129	of the vehicle. 21
130	130
131	131	(b) Every motor vehicle registered in [this] THE State and manufactured or 22
132	132	assembled with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts 23
133	133	on the rear seat of the vehicle. 24
134	134
135	135	(c) EVERY SCHOOL BUS PURC HASED ON OR AFTER JULY 1, 2027, AND 25
136	136	REGISTERED IN THE STATE SHALL BE EQUIPP ED WITH, FOR EACH SEAT ON THE 26
137	137	SCHOOL BUS, 3–POINT SEAT BELTS THAT ARE ACCESSIBLE TO PASSEN GERS. 27
138	138
139	139	(D) A person may not sell or offer for sale any vehicle in violation of this section. 28
140	140
141	141	[(d)] (E) For the purpose of this section only, “motor vehicle” does not include 29
142	142	any motorcycle other than an autocycle, bus, or truck. 30
143	143
144	144	[(e)] (F) For the purpose of this section only, “seat belt” means any belt, strap, 31
145	145	harness, or like device. 32 4 SENATE BILL 498
146	146
147	147
148	148
149	149	[(f)] (G) A seat belt may not be sold or offered for sale for use in connection with 1
150	150	the operation of a motor vehicle in [this] THE State after June 1, 1964, unless it meets 2
151	151	applicable federal motor vehicle safety standards. 3
152	152
153	153	22–412.3. 4
154	154
155	155	(a) (1) In this section the following words have the meanings indicated. 5
156	156
157	157	(2) (i) “Motor vehicle” means a vehicle that is: 6
158	158
159	159	1. Registered or capable of being registered in [this] THE 7
160	160	State as a Class A (passenger), Class E (truck), Class F (tractor), Class M (multipurpose), 8
161	161	or Class P (passenger bus) vehicle; and 9
162	162
163	163	2. Required to be equipped with seat belts under federal 10
164	164	motor vehicle safety standards contained in the Code of Federal Regulations. 11
165	165
166	166	(ii) “Motor vehicle” does not include a Class L (historic) vehicle. 12
167	167
168	168	(3) “Outboard front seat” means a front seat position that is adjacent to a 13
169	169	door of a motor vehicle. 14
170	170
171	171	(4) (i) “Seat belt” means a restraining device described under § 22–412 15
172	172	of this subtitle. 16
173	173
174	174	(ii) “Seat belt” includes a combination seat belt–shoulder harness. 17
175	175
176	176	(b) A person may not operate a motor vehicle unless the person and each occupant 18
177	177	under 16 years old are restrained by a seat belt or a child safety seat as provided in § 19
178	178	22–412.2 of this subtitle. 20
179	179
180	180	(c) (1) The provisions of this subsection apply to a person who is at least 16 21
181	181	years old. 22
182	182
183	183	(2) Unless a person is restrained by a seat belt, the person may not be a 23
184	184	passenger in an outboard front seat of a motor vehicle. 24
185	185
186	186	(3) (i) Unless a person is restrained by a seat belt, the person may not 25
187	187	be a passenger in a rear seat of a motor vehicle. 26
188	188
189	189	(ii) A police officer may enforce this paragraph only as a secondary 27
190	190	action when the police officer detains a driver of a motor vehicle for a suspected violation 28
191	191	of another provision of the Code. 29
192	192
193	193	(d) If a physician licensed to practice medicine in [this] THE State determines 30
194	194	and certifies in writing that use of a seat belt by a person would prevent appropriate 31 SENATE BILL 498 5
195	195
196	196
197	197	restraint due to a person’s physical disability or other medical reason, the provisions of this 1
198	198	section do not apply to the person. 2
199	199
200	200	(e) A certification under subsection (d) of this section shall state: 3
201	201
202	202	(1) The nature of the physical disability; and 4
203	203
204	204	(2) The reason that restraint by a seat belt is inappropriate. 5
205	205
206	206	(f) The provisions of this section do not apply to U.S. Postal Service and contract 6
207	207	carriers while delivering mail to local box routes. 7
208	208
209	209	(g) A violation of this section is not considered a moving violation for purposes of 8
210	210	§ 16–402 of this article. 9
211	211
212	212	(h) (1) Failure of an individual to use a seat belt in violation of this section may 10
213	213	not: 11
214	214
215	215	(i) Be considered evidence of negligence; 12
216	216
217	217	(ii) Be considered evidence of contributory negligence; 13
218	218
219	219	(iii) Limit liability of a party or an insurer; or 14
220	220
221	221	(iv) Diminish recovery for damages arising out of the ownership, 15
222	222	maintenance, or operation of a motor vehicle. 16
223	223
224	224	(2) Subject to the provisions of paragraph (3) of this subsection, a party, 17
225	225	witness, or counsel may not make reference to a seat belt during a trial of a civil action that 18
226	226	involves property damage, personal injury, or death if the damage, injury, or death is not 19
227	227	related to the design, manufacture, installation, supplying, or repair of a seat belt. 20
228	228
229	229	(3) (i) Nothing contained in this subsection may be construed to 21
230	230	prohibit the right of a person to institute a civil action for damages against a dealer, 22
231	231	manufacturer, distributor, factory branch, or other appropriate entity arising out of an 23
232	232	incident that involves a defectively installed or defectively operating seat belt. 24
233	233
234	234	(ii) In a civil action in which [2] TWO or more parties are named as 25
235	235	joint tort–feasors, interpleaded as defendants, or impleaded as defendants, and [1] ONE of 26
236	236	the joint tort–feasors or defendants is not involved in the design, manufacture, installation, 27
237	237	supplying, or repair of a seat belt, a court shall order separate trials to accomplish the ends 28
238	238	of justice on a motion of any party. 29
239	239
240	240	(4) THE FAILURE OF A SCHO OL BUS OPERATOR TO E NSURE THAT AN 30
241	241	OCCUPANT OF A SCHOOL BUS WAS WEARING A SE AT BELT MAY NOT BE THE BASIS OF 31 6 SENATE BILL 498
242	242
243	243
244	244	A CIVIL ACTION FOR D AMAGES AGAINST THE S CHOOL BUS OPERATOR O R A SCHOOL, 1
245	245	SCHOOL DISTRICT , OR MUNICIPALITY . 2
246	246
247	247	(i) The Administration and the Department of State Police shall establish 3
248	248	prevention and education programs to encourage compliance with the provisions of this 4
249	249	section. 5
250	250
251	251	(j) The Administration shall include information on [this] THE State’s experience 6
252	252	with the provisions of this section in the annual evaluation report on the State’s highway 7
253	253	safety plan that [this] THE State submits to the National Highway Traffic Safety 8
254	254	Administration and the Federal Highway Administration under 23 U.S.C. § 402. 9
255	255
256	256	(k) Any person convicted of a violation of this section is subject to a fine of not 10
257	257	more than $50. 11
258	258
259	259	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
260	260	October 1, 2025. 13
261	261