Senate Bill 322
By: Senators Davenport of the 17th, Wicks of the 34th, Jones II of the 22nd, Jackson of the
41st, Parent of the 44th and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to program weights and funding requirements, so as to require that the
State Board of Education include instruction in the proper use of a school bus passenger
restraint system within its program of safety instruction; to amend Part 6 of Article 1 of
Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of
school buses, so as to require that school buses be equipped with passenger restraint systems;
to require that each school child wear a passenger restraint system in certain instances; to
provide for an exception; to authorize a penalty; to provide for a definition; to provide for the
promulgation of rules and regulations; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to program weights and funding requirements, is amended by revising subsection (e)
of Code Section 20-2-188, relating to student transportation, as follows:
"(e) The State Board of Education shall establish and require adherence to minimum
specifications for vehicles used or contracted to be used by local units of administration for
transporting students, including a motor vehicle with a capacity of eight persons or less
operated and marked for the transportation of school children to and from school and
school related activities, taking into account the factors and circumstances set forth in
subsection (a) of this Code section, and shall establish and require adherence to minimum
standards and requirements respecting maintenance, repair, inspection, and use of such
vehicles and minimum qualifications for the drivers of such vehicles. The <del>state board</del> <ins>State
Board of Education</ins> shall require, monitor, and fund a program of safety instruction in the
practices of safe riding, <ins>which shall include instruction in the proper use of a school bus
passenger restraint system in accordance with Code Section 40-8-111,</ins> and emergency bus
evacuation drills for both school bus drivers and students riding school buses."
SECTION 2.
Part 6 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated,
relating to equipment of school buses, is amended by revising Code Section 40-8-111,
relating to equipment generally, as follows:
"40-8-111.
<ins>(a) As used in this Code section, the term 'passenger restraint system' means:
(1) A type 2 seat belt assembly that is in compliance with Federal Motor Vehicle Safety
Standard 209 and with Federal Motor Vehicle Safety 210 as such standards were in effect
on the date the school bus was manufactured; or
(2) A type 2 lap and shoulder restraint system that is in compliance with Federal Motor
Vehicle Safety Standard 222.
(a)(b)</ins> Each school bus used for the transportation of school children in <del>the State of
Georgia shall be in compliance with</del> <ins>this state shall comply with the provisions of this Code
</ins>
<ins>section and</ins> the State Board of Education bus specifications for the model year of such
school bus.
<ins>(c)(1) On and after July 1, 2027:
(A) Each school bus manufactured and used for the transportation of school children
in this state shall be equipped with passenger restraint systems for each school child
based upon the maximum passenger capacity of the school bus; and
(B) The State Board of Education shall require each school child to wear a passenger
restraint system. Except as provided in paragraph (3) of this subsection, each such
child shall wear a passenger restraint system at all times while the school bus is in
motion.
(2) It shall be the responsibility of a school bus driver operating such school bus to
ensure that each such child being transported is wearing a passenger restraint system prior
to the school bus being placed into motion. A school child's parent or guardian shall not
be held liable for such child's failure to wear a passenger restraint system in accordance
with the provisions of subparagraph (c)(1)(B) of this Code section.
(3) A school child with a physically disabling condition or medical condition that
prevents appropriate restraint in a passenger restraint system shall not be required to wear
a passenger restraint system on a school bus; provided, however, that such child's
physically disabling or medical condition is certified in writing by a licensed healthcare
provider.
</ins> <del>(b)(d)</del> Each public school system shall be required to maintain each of its school buses in
good working condition, including all safety equipment required in accordance with the
specifications established pursuant to subsection <del>(a)</del> <ins>(b)</ins> of this Code section. <ins>A public
school system that fails to comply with such specifications may be subject to a penalty to
be determined by the State Board of Education.
</ins>
<del>(c)(e)</del> Nothing in subsection <del>(a)</del> <ins>(b)</ins> of this Code section shall apply to motor vehicles
operated by a local transit system which transport school children to and from school on
regular or scheduled routes of a transit vehicle with regular fare-paying passengers.
<ins>(f) The State Board of Education shall promulgate rules and regulations to implement the
provisions of this Code section."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.