School "bus" issue

Hughto

New member
My son came home today and yesterday in a Chevy suburban with just a lap/shoulder belt. He is a 5.25 year old, 43 inch, maybe 41 lb with clothing on kid (I have him harnessed in my own car). I live in NYS and the bus garage is fighting allowing him a booster seat because it is a school "bus." (Has he required markings by NYS and is DOT certified or whatever). Is there any search I can provide him that proves he is incorrect that is legal in the school bus world and unsafe?
 
ADS

Baylor

New member
It is not a school bus if it is a suburban. There is no way I would be okay with that.
I am sure someone here who may know the laws in that state can help you.
 

ketchupqueen

CPST and ketchup snob
Staff member
While it's legal for him to ride without a booster, it's not safe. I don't see how they could prevent him using one he brings with him, though. (Bubblebum might be good here...) Just because they aren't required doesn't mean they are prohibited.
 

sm1982

New member
From DMVs website:

SEAT BELTS IN SCHOOL VEHICLES

In a school vehicle which is not built to meet federal school bus construction standards, New York State Law requires that all children must ride in a properly installed, federally-certified child safety seat or booster until their 8th birthday. Vehicles of these types include school cars, vans, suburbans and SUVs.
 

sm1982

New member
Is that new, or did I just confuse NY law with another state?

I don't believe so. I've never had to look it up before so I can't say for certain. But changes in car safety (or bus safety) laws usually make the news here and I don't recall seeing any stories on it.
 

Hughto

New member
Thank you for the info! I did find that dmv info earlier, which of course was not one of the places he told us to look to prove his point (he only said nysed and dot- but couldn't find anything there at all), but at least it gives us something to argue. Hopefully it's enough to resolve right in the morning. Thanks again!
 

Hughto

New member
No, I know I didn't do that... I was thinking of a state back east where they allow non school bus vehicles to be used as buses if you put a sign on.

Maybe it's MA?

What I had discovered tonight, they do let regular SUVs and vans become school "buses" as long as they have it written on the vehicle and it is either school bus yellow or national something-another grey. But it isn't considered a bus unless it can transport at least 10 passengers, and a suburban can not, so it is a school vehicle...
 

morlando27

New member
I'm in NYS and when DS2 was in UPK the school attempted to transport him in just a seat belt in a Suburban too. I looked into it and while it seemed to me that a Suburban was clearly defined as a school "vehicle", not a school "bus", both the school and state troopers (I contacted a CPST I knew) felt the law was contradictory in it's description of a school bus and that it could be argued that a Suburban is considered a bus and therefore exempt from the child restraint requirement. The school seemed to have little knowledge or regard for crash dynamics as if being painted yellow magically made it safe. They ultimately let me to purchase and donate a new hbb to the UPK program, which would be used for my DS since no one else was requesting one for their DC . It was ridiculous! As I posted here, the school seemed to be more concerned about the liability of damages to someone's booster seat and the hassle it would be for them use than the potential injuries a child could sustain from being improperly restrained. I do think it was ignorance, rather than blatant disregard for student safety, but still they weren't hearing the message I was trying to convey that these Suburbans were not an appropriate choice for transporting small children without child safety seats.
 

Hughto

New member
I'm in NYS and when DS2 was in UPK the school attempted to transport him in just a seat belt in a Suburban too. I looked into it and while it seemed to me that a Suburban was clearly defined as a school "vehicle", not a school "bus", both the school and state troopers (I contacted a CPST I knew) felt the law was contradictory in it's description of a school bus and that it could be argued that a Suburban is considered a bus and therefore exempt from the child restraint requirement. The school seemed to have little knowledge or regard for crash dynamics as if being painted yellow magically made it safe. They ultimately let me to purchase and donate a new hbb to the UPK program, which would be used for my DS since no one else was requesting one for their DC . It was ridiculous! As I posted here, the school seemed to be more concerned about the liability of damages to someone's booster seat and the hassle it would be for them use than the potential injuries a child could sustain from being improperly restrained. I do think it was ignorance, rather than blatant disregard for student safety, but still they weren't hearing the message I was trying to convey that these Suburbans were not an appropriate choice for transporting small children without child safety seats.

Thank you! It certainly seems like it depends on your district on how willing they are to help/ accept this. I called another local district today that was also using a suburban that goes to his school, and they do allow the booster for one of their students.

My husband spoke with someone at the DOT today who does the inspections on the buses and KNOWS the man who runs my bus garage and was surprised to hear that he wasn't allowing it. The other family with the kindergartner on this "bus" did make some headway with the director this morning, but I haven't heard yet if they are accepting of the resolution.

I do agree that they info on what is a bus or vehicle is very contradictory. They best I can see is that buses carry 10 plus passengers, which a suburban does not, however one place it stated only that it has the markings. I'm beside myself that this has to be something to fight about. That yes, they are concern more about the time it takes to put a seat into the vehicle and liability issues. You better bet if something happened to my child because he was not properly restrained that there would be a major problem that is a whole lot worse than concern over possible damage to a $50 seat.
 

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