Friday, March 13, 2020

39:3B-11 Seat belts, child restraint systems, wheelchair securement systems, use required; liability.

39:3B-11  Seat belts, child restraint systems, wheelchair securement systems, use required; liability.

   2. a. Beginning on September 1 of the second year next following the year of enactment of P.L.1992, c.92 (C.39:3B-10 et seq.), each passenger on a school bus which is equipped with seat belts shall wear a properly adjusted and fastened seat belt or other child restraint system that is in conformity with applicable federal standards at all times while the bus is in operation.

   b.   Beginning on September 1 of the second year next following the year of enactment of P.L.2017, c.349 (C.39:3B-10.1 et al.), a school bus operator shall secure or cause to be secured a passenger using a wheelchair on a school bus equipped to transport passengers using wheelchairs using a properly adjusted and fastened four-point securement system in conformity with applicable federal standards and section 1 of P P.L.2017, c.349 (C.39:3B-10.1) at all times while the bus is in operation.

   c.   Nothing in this section shall make the owner or operator of a school bus liable for failure to properly adjust and fasten a seat belt or other child restraint system or four-point securement system that is in conformity with applicable federal standards for a passenger who sustains injury as a direct result of the passenger's failure to comply with the requirement established by this section.

   L.1992, c.92, s.2; amended 2017, c.349, s.2.

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