Senate: New York needs stiffer penalties for drivers who pass school buses

Every day, nearly 50,000 vehicles illegally pass stopped school buses in New York state. According to the Governor’s Traffic Safety Committee 2009 report, 69 students were injured between 2002 and 2004 by motorists illegally passing buses. One student was killed.

Drivers who currently pass a school bus with its red flashing lights on receive a $400 fine. The New York State Senate Transportation Committee, chaired by Sen. Charles Fuschillo Jr., a Republican from Merrick, recently approved legislation to increase the fine to $750 for first-time offenders. The bill was introduced by Sen. George Maziarz, a Republican from Niagara County.

If signed into law, the legislation would also increase fines for repeat offenders. Drivers who are convicted of a second offense within three years would receive a maximum fine of $1,150, up from $750. Those who commit the offense three or more times within three years would face a maximum fine of $1,500, up from the current $1,000 maximum.

Fuschillo said he was pleased to announce passage of the bill in the Senate Transportation Committee. “Drivers are required to stop for school buses with red lights flashing in order to protect the children boarding or exiting the bus,” he said. “Illegally passing a stopped school bus jeopardizes the lives and safety of the students on the bus. Stronger fines and penalties will create a greater deterrent and give drivers another incentive not to pass stopped school buses.”

The legislation would also ensure that drivers who cause injuries or fatalities by illegally passing stopped school buses would face criminal penalties. If someone were injured as a direct result of a driver passing a school bus, the defendant would face charges of aggravated vehicular assault. Additionally, drivers who kill someone would face charges of criminally negligent homicide.

According to both Fuschillo’s office and New York State Assemblyman Harvey Weisenberg, a Democrat from Long Beach, there is currently no corresponding legislation in the state Assembly. However, Maziarz’s office is confident the bill would pass in the Assembly. “We’re pushing hard to pass it in this house,” Matt Neloigan, Maziarz’s director of operations and public policy, said. “We’re still working on a sponsor in the Assembly … We expect to get one.”