A memorial outside Farmingdale High School for marching band director Gina Pellettiere...

A memorial outside Farmingdale High School for marching band director Gina Pellettiere and chaperone Beatrice Ferrari in October 2023. Credit: Rick Kopstein

ALBANY — Most riders on charter buses who don’t use seat belts could face a fine under a measure signed into law Wednesday that was prompted by the fatal crash last year involving a bus carrying Farmingdale High School Marching Band members.

The law empowers police to issue violations to adults and older teenagers who don’t use seat belts. The fine would be $50. For children 8 to 15 years old who don’t use seat belts on the bus, their parents could be fined $50 if they are riding with them. The law is effective in six months.

Assembly Transportation Committee Chairman William B. Magnarelli (D-Syracuse) has said the bill is intended to prompt schools, chaperones and parents to emphasize the need for children to use seat belts on school bus trips. In the debate over the bill, legislators said they didn’t want to allow fining younger children if their parents or legal guardians weren’t present.

The law cites the Sept. 21, 2023, crash in which a bus rolled into a 50-foot ravine in Orange County as impetus for the measure. The band leader and a former teacher died and dozens of students were injured in the trip to a Greeley, Pennsylvania, musical camp.

Although a federal law has required seat belts on charter buses built since 2016, no state or federal law had required they be used.

"Seat belts save lives and this legislation will to prevent further loss of life in crashes involving charter buses," the new law states. The bill was passed by the State Legislature in June.

The National Transportation Safety Board said the most common cause of deaths in charter bus crashes was rollovers, and using seat belts reduces the likelihood of a death by 77%.

"Seat belts are the first line of defense in a crash and should be required to be used by all passengers in all motor vehicles in all states," said Cathy Chase, president of Advocates for Highway and Auto Safety based in Washington.

The measure was one of several traffic safety bills Hochul signed into law Wednesday. Others include:

  • Extending the red light camera program in Nassau County. The program, designed to penalize drivers who run stop lights, was first authorized in 2009. The law was scheduled to expire Dec. 1, but will now continue through at least 2029, according to the law.
  • Increasing the penalty for illegally passing a school bus when it stops to pick up or discharge students. "Right now it's $1,000, that's a lot of money," Hochul said Wednesday. "But apparently it's not working, because people are still violating the law, putting our kids' lives in jeopardy. So let's try raising the fine. Let's raise that fine to $1,500 and see if that has an impact ..."
  • Expanding the state’s red light camera program in New York City to 600 intersections, from the current 150. The law also expands the program into the Hudson Valley. Local governments must request inclusion into the program.
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