Preface

"Buckle up for safety!" and "Seat Belts save lives!" are two slogans that we all know well. Has education and training of the public through slogan campaigns been effective? Reported usage of seat belts before laws were in place requiring Americans to buckle-up was approximately 15%. ^iii-1 Yet today, with a tough seat belt law in place, usage rates are much higher. There are stringent seat belt and car seat laws to protect children in cars, but what about children in school buses? Why aren’t children wearing seat belts on school buses and what can we do to change this?

Human nature seems somewhat resistant to change, as people seem to be satisfied with the status quo. People who are motivated to change will educate themselves with relevant information, and then form their own opinions on the matter. Usually strong catalysts are necessary for people to make a move.

The issue that we are considering today is a very important one as it concerns the safety of our most precious possessions, our children. Parents’ instincts to protect their young are strong catalysts for change.

School bus accidents occur frequently, and unless there is a particularly severe accident most people are not even aware of its occurrence. As pointed out by many, the majority of these accidents are minor, such as when a driver misses a turn and hits a curb or swerves off the road. However the potential for tragedy is inherent in the winding and hazardous roads of this county. Bus accidents increase as weather conditions worsen. This has been seen here in Clarkstown over the past few months. A bus that might be hanging over a ditch could easily slide into it and roll over onto its side. A bus slid off Route 304 due to icy conditions on December 10, 1997. Its picture was on the front page of the Rockland Journal News. ^iv-2 Although the photo didn’t show it, the back wheel of that bus was hanging over a ditch. It could have easily toppled over if children had been jumping around or even if they all went to look out the window. On the evening of January 15, 1998 there were approximately 150 accidents in the area, one of which was a school bus accident at the Felix Festa Middle School where a car slid into a bus. In Suffern, three people were injured and taken to Good Samaritan Hospital after two buses collided when one was hit by a garbage truck. ^iv-3 Wearing seat belts on school buses will also keep children in their seats and prevent injuries in everyday occurrences like sharp turns or stopping short.

Accidents are reported to various agencies but are listed specifically by date and district and therefore it is very difficult to find and obtain a concise list. Data with regard to type and extent of injuries, as well as, whether or not the occupants were wearing seat belts is not often documented. From November 13, 1997 through February 14, 1998 this committee is aware of at least 14 school bus accidents of which at least two were rollovers, and one where a bus drove into the storefront of two businesses. These accidents occurred here in Rockland, Westchester and Long Island. This committee has compiled and attached to this report a compilation of some recent accidents that vary in severity. Several of the reports state that children were spared serious injury by the use of seat belts. ^iv-4 Additionally, attached is a compilation of recent related articles. ^iv-5

Accidents involving fatalities have occurred all over the United States, one of the nation’s most devastating happened right here in the Clarkstown Central School District at the Congers Railroad Crossing in 1972. Dr. Herbert Sperling who was the physician on duty in the emergency room at Nyack hospital the morning of the accident, recently wrote in an editorial to the Rockland Journal News how seat belts could have affected a different outcome to this tragedy. ^v-6

On the December 17, 1997 Kirk Granthom show on WRKL Radio, a listener called in and said, "a child will have to be sacrificed" ^v-7 before something is done. Too many children have been sacrificed already. "In Mahopac, New York on October 15, 1985, Paul Goodrow, Jr. was killed. This was an accident of minor impact severity and he was the only occupant to sustain significant injury. If he had been wearing a belt he would have been held in place and not thrown out of his seat." ^v-8 Paul Goodrow was eleven years old when his life was senselessly and needlessly cut short when his liver was ruptured after being tossed into the air and slammed down on top of a seat back. ^v-9 This young boy’s life was not however, lost in vain. His death was the example that spurred the passage of legislation in this state requiring the installation of seat belts on school buses. Will another child have to die so that the children will be asked to wear them?

In order to ensure the greatest percentage of seat belt usage on our buses a policy requiring children to use the belts needs to be in place. However, this committee considers encouragement and education to be a critical step in the right direction.

Lynn Brown, Chairperson
Clarkstown PTA Council Seat Belt Usage Committee

Foreword

The information contained herein was compiled by this committee to be presented to the Clarkstown Central School District School Board of Education, the Administration, and Transportation Department, and has been done in an effort to illustrate the benefits of seat belt usage, communicate the opinions of the parents, and clarify the misunderstandings about seat belt usage on school buses.

To accomplish this, committee members have conducted a review of various materials, including legislative reports, videos, articles, and government publications. Additionally, parents of elementary school students in the district were surveyed.

Presented here is a brief history of the issue of seat belt usage in Clarkstown, interpretations of the materials reviewed in support of seat belt usage, a summary of the parents’ survey, and an analysis of various misunderstandings regarding seat belt usage. The committee’s conclusions are followed by recommendations to be considered by the board.

The following committee members assisted in the review of materials, tabulating the surveys, and the compilation and preparation of this report:

PTA council President: Pat Villari

Chairperson: Lynn Brown

Contributors:

• Rhea Vogel
• Mary Gore
• Grace Comber
• Julie Hudson
• Rima Ritholtz
• Joyce Bidnick
• Laurie Streich
• Karen Kasman
• Neil Marchionni
• Jason Vogel

Thank you to the spouses and children of all who worked on this effort for their support and understanding of the immense amount of time that the review of this topic has taken.

Acknowledgements

The Clarkstown PTA Council Seat Belt Usage Committee would like to thank all the local PTA units at each of the elementary schools for all their support and assistance with the seat belt survey, and would also like to express its appreciation to all the parents who took the time to respond to the survey. We would also like to express our gratitude to all the Clarkstown school bus drivers for their daily commitment to transporting the children safely.

Thank you also to:

A special thank you to those who were instrumental in getting seat belts on New York State school buses.

• The late, Senator Norman J. Levy
• Carol Fast, former N.Y. State PTA School Bus Resource
• Dr. Arthur Yeager, former President of the Physicians for Automotive Safety

Introduction

Clarkstown school buses travel to and from the district schools each day, transporting thousands of students without incident. Like the rest of the nation, this district can boast of a school bus safety record that is, without question, outstanding. So why has this committee set out to influence this district in adopting a policy of promoting seat belt usage? Because school bus passengers are even safer when they are riding belted. The seats that are on the buses were designed to work in concert with the belts provided. Together, they keep the passenger within the seating compartment in the event of an accident. Children who use their seat belts remain seated and are generally better behaved on the bus. Better behaved school bus passengers result in the driver being able to keep his eyes on the road.

Clarkstown school buses are equipped with seat belts. With a policy that includes education, usage, and positive reinforcement, a very high percentage of student belt usage is attainable.

This committee hopes that the board and the district will carefully consider the materials that are presented here and make a decision that will further insure that the students transported each day on Clarkstown school buses are traveling in the safest manner available.

A History of the Seat Belt Issue in the

Clarkstown Central School District

On July 1, 1990, the Clarkstown Central School District School Board resolved to educate the students of this district on the use of seat belts. ^1-1 Although at that time the board could have issued a mandate requiring usage, they did not. This in part was relative to the fact that not all the buses had seat belts and that at the same session they had determined that it would not be cost effective to retrofit those buses that were lacking seat belts. Additionally, legislation prohibiting standees on New York State School buses had not yet been enacted. Further, there was a general misconception that lap belts could possibly be unsafe. Much has changed since then.

On November 13, 1996 this district approved a Transportation Bond in the amount of $734,609.00 to purchase nine buses and three vans so that all vehicles in the Clarkstown fleet would be equipped with seat belts. This was done to comply with New York State Vehicle and Traffic Law §375.20 (k):

(k) All omnibuses manufactured or assembled prior to April first, nineteen hundred seventy-seven and all omnibuses manufactured or assembled after April first, nineteen hundred seventy-seven which do not meet federal standards for school bus safety, shall be phased out of use beginning with the nineteen hundred ninety-six--nineteen hundred ninety-seven school year and ending with the nineteen hundred ninety-seven--nineteen hundred ninety-eight school year. In each of such school years, at least one-half of such omnibuses shall be retired from use according to the following formula: in the nineteen hundred ninety-six--nineteen hundred ninety-seven school year, the minimum number of such omnibuses to be phased out of each owner/operator's fleet shall be the total number of such omnibuses divided by two and rounded upwards to the nearest whole number. All such omnibuses remaining shall be phased out in the nineteen hundred ninety-seven--nineteen hundred ninety-eight school year.

Standees are not allowed on Clarkstown School buses. Moreover, research that had presented the possibility of lap belts causing more harm than good has been discounted by many in the pupil transportation field. However, according to Mara Robinson, Director of Transportation, Clarkstown Central School District, there are "[t]hree buses that are not equipped with seat belts. These buses are mostly used for athletic runs." ^2-2 Even though the district had resolved at that time to educate the students, little has been done in this area. As a result, students generally do not use their seat belts. Over the past eight years, parents have gone to their school administrators to request that the children wear seat belts. The district's answers have varied, but essentially, district practice does not encourage seat belt use by students.

Current practice in the district regarding belt usage is inconsistent. Some parents and teachers report that children are required to wear belts on field trips, while others report that this is not so. In the past the district had made efforts to encourage students to buckle their seat belts on the rides between home and school; however, these efforts were reportedly short lived and were abandoned years ago.

In 1990, then superintendent, Dr. John Krause, submitted recommendations to the board for discussion and approval. ^2-3 These included a structured educational program for all students designed to encourage the use of seat belts in school buses that were equipped with them. He recommended the "the district would initiate activities designed to create a strong value system on the part of all students . . . particularly in regard to seat belt utilization." ^3-4 Clearly these recommendations and the board's commitment to educate the students in seat belt use have only been minimally implemented.

Additionally, Dr. Krause recommended that "The district will continue to review research data relating to seat belts together with educational efforts to encourage their use as a basis for the potential move towards mandatory use of seat belts." ^3-5 Eight years have passed since Dr. Krause made his recommendations; yet there is still no uniform seat belt policy in place in this district.

In Support of Seat Belt Use

This section of our report will examine various individuals and organizations that support the use of seat belts on school buses. Many have been staunch supporters for over a decade and through their efforts have assured that the students of the Clarkstown Central School District have seat belts on buses as well as other very important safety measures. Some examples of this are 28" high and flexible seat backs flashing stop arms back-up beepers regular educational programs that review the essentials of school bus safety. Buses today are safer than ever before. >

Many organizations believe that school bus travel can be made safer still. Parents and medical organizations continue to lobby for the use of seat belts on school buses. Districts that are highly concerned with the safety of their students advocate the use of the belts and have developed and shared materials used in staff, parent, and student training. A number of surveys have been conducted regarding parental opinions in districts that use and those that are not currently using seat belts on buses. The results show that there are many benefits to using seat belts on buses.

Since 1970 there have been several dedicated individuals who have worked tirelessly to get seat belts and 28 inch seat back on New York State School buses. Taxpayers have paid countless dollars to provide the children with these proven safety features. Without a clear and consistent policy promoting seat belt use, "the belts will not be worn, and the potential benefits from the investment will be lost." ^5-1

Carol Fast, a representative of the New York State PTA and consultant on school bus safety, spent 17 years advocating for the use of seat belts on school buses. Working closely with the late Hon. Senator Norman J. Levy, she lobbied statewide and nationally for safer school bus transportation. She was instrumental in getting §383.5 (a) of the New York State Vehicle and Traffic Law and §140.5 of New York State Transportation Law passed which require all buses manufactured after July 1, 1987 to be equipped with seat belts as well as 28" high padded and flexible seat backs.

Her testimony delivered before the New York State Legislative Commission on Critical Transportation Choices is as pertinent today as it was in 1983. ^5-2 Still cogent and valid are issues that she brought forth regarding seat belt usage. For example, the formative years are the time to stress seat belt usage, as this will have a carry over effect. She also refuted the misrepresentations that seat belts could be injurious to the abdomens of young children, and supported her statements with medical opinions regarding the benefits of seat belt usage. ^6-3

Further, Ms. Fast stressed the point that belted children would be "[s]ecured to their seats instead of being ejected from the bus and crushed to death, or smashed from window to post within the bus with resulting fractured skulls and broken necks." ^6-4

The late Senator Norman J. Levy was responsible for sponsoring many school bus safety laws including the "first in the nation" mandatory seat belt law. He was the Chairman of the New York State Legislative Commission on Critical Transportation Choices. His energy and commitment to this issue will be missed by many.

Dr. Arthur Yeager, D.D.S., the one time president of the Physicians for Automotive Safety (PAS) Chairman of the National Coalition for Seat Belts on School Buses and dedicated advocate of seat belt legislation, spoke on this topic at the public hearing here in Clarkstown in 1990. He is still somewhat involved in this issue and has expressed his support for this committee's current effort.

The New York State and National PTA support the use of seat belts on school buses. The PTA has been instrumental in getting seat belt legislation passed in New York State and is active in this area and in other states as well. Resolution # 9 was retained at the New York State PTA Convention in 1997 and resolves to "encourage [PTA] units and councils to support the use of seat belts on all school buses . . . [T]his is based upon the fact that worldwide studies…prove they not only save lives, [but] . . . reduce the severity of injury." ^7-5 The National PTA supports the installation of seat belts and their use on school buses as well.

Stephen Langford, a proponent of seat belt use on school buses has been very active in the past several years preparing a document to convince the Oro Valley school district near Tucson, Arizona to install seat belts on school buses. He and his committee have prepared a document called "The River - A Primer on Seat Belt Use". It is available in its entirety on the internet. ^7-6 Much of it is based on information from the National Coalition for Seatbelts on School Buses.

The National Coalition for Seat Belts on School Buses was formed in 1984 and spoke to legislative groups on the whys and hows of seat belt use on buses. They were instrumental in getting legislation passed so that we could now have belts available to the children of Clarkstown. This organization has undergone some changes and is now called the National Coalition for School Bus Safety. Its president, Dr. Alan Ross, has been very active in providing and discussing materials with this committee. He is concerned about bus manufacturer's opposition to national and state legislation and how their position is supported based on the installation cost factors. ^7-7

The American Automobile Association supports the use of seat belts in automobiles and states that "restrained occupants are more likely to escape harm. By spreading the force of impact and gradually stopping the body, safety belts effectively reduce the severity of injuries." ^8-8 They are continuing to review legislation requiring seat belts on school buses.

Moreover, the following organizations also support and endorse the use of lap-style seat belt use on school buses since 1985: ^8-9

Clarkstown PTA Council Seat Belt Usage Survey - January 1998

As part of this committee's effort to ascertain the nature of the safety concerns of parents within the district and to determine the community opinion on seat belt usage, this survey was created. Survey forms were distributed to all local elementary PTA Unit Presidents in December 1997, shortly before the holiday break. We began receiving responses the second week of January 1998.

The survey, in its intent and design, was to have been conducted by telephone. Class parents were to be enlisted to make the calls to the members of their respective classes. Some of the schools performed the survey as intended. Others, for a variety of reasons, elected to conduct the survey either by sending a questionnaire home with the students or as an insert in their school newsletter.

Only the ten elementary schools in the district have participated in this survey. However, Peggy Coughlin, President, Felix Festa Middle School PTA, requested the materials to conduct the survey at the Felix Festa Middle School. A sixth question was added for FFMS survey only. That question was " Does your child always have a seat on the bus?" We have not, however, included any data pertaining to the survey conducted at Felex Festa Middle School. That information will be supplied, when it becomes available, under separate cover at a later date.

Survey Questions

1. Are you aware that all of the Clarkstown school buses are equipped with seat belts as required by New York State Law?
2. Do you believe that a child wearing a seat belt on a school bus is safer than one who does not?
3. Do you feel that having the children buckle their seat belts would help make the job of driving the bus safer?
4. Do you want your child to buckle his or her seat belt on the school bus?
5. Presently the district neither encourages nor discourages seat belt usage. Would you like to see the Clarkstown School District adopt a policy of encouraging seatbelt usage and requiring education for students and drivers in proper procedures for their use?

Statistical Data

• Number of elementary school students enrolled - 3751.
• Number of these students who are eligible to be bused to and from school - 2866.
• Percentage of student body who are eligible to be bused to and from school - 76% .
• Number of responses received to the survey - 1164.

Survey Responses Tables

Some other comments received were as follows: children would be better behaved if belted, drivers should be sure that children are met by an adult at the bus stop, parents should be allowed on the buses, children should remove back packs before buckling up, and there should be routine seat belt inspections. Some parents wanted to see other safety measures such as shoulder belts, electronic releases, more exits, and they wanted assurance that there were seat belt cutting tools in case of an emergency. A few parents expressed that there needs to be more research and information on this issue.

Survey Summary

Based on the responses received from the parents participating in this survey, this committee concludes that the overwhelming majority of the families in this district feel that their children would be safer on the school bus if they were to use the seat belt that is provided. Nearly 92% of the parents who responded to this survey unequivocally indicated that they want their children to use their seat belts. They would like to see the district reaffirm its commitment to promote seat belt usage on Clarkstown school buses and to educate the children in the proper method of usage. In fact, many would like to see seat belt usage become a requirement on the district's school buses. Accordingly, the results of this survey indicate broad parental support for the Clarkstown PTA Council's position that this district should adopt a policy of encouragement and education in the use of seat belts on our school buses.

Other Surveys

The New York State Education Department is in the process of preparing a report that is based on a survey of the 44 districts in the state which require seat belt usage including, New York City , 7 districts on Long Island , Ardsley, Greenburgh Central 7, Greenburgh 11, Greenburgh Central, Briarcliff Manor, Tarrytowns, White Plains, Tuckahoe, Peekskill, Schenectady and Nanuet. It will be sent to all New York State school districts in the near future. Initial reports indicate time for routes essentially remained the same once children became used to using the belts and that even incoming kindergartners were able to fasten and unfasten the belts independently. Management of student behavior also improved because when students remained seated, the bus trips were quieter with less fighting and physical contact, less confusion and fewer distractions for the drivers. Further, our source within the department has indicated that this document will support use of seat belts on school buses.

The Center for Urban Transportation Research at the University of South Florida conducted a survey of school districts using seat belts. They report " [r]espondents who have a mandatory seat belt student usage policy currently in effect also reported the highest student usage of the seat belts and the highest overall level of satisfaction with the performance of their seat belts . . . enforcement of a seat belt use policy is essential in order to achieve student usage of the seat belts." ^16-10 This report further states "[s]tudent school bus seat belt use is dependent on the presence of a mandatory school bus seat belt use policy" ^17-11

In 1986 the National Highway Traffic Safety Administration conducted a survey of various different school districts across the nation that had seat belts on their buses. They released their findings in the report "School Bus Safety Belts: Their Use, Carryover Effects and Administrative Issues." ^17-12 "Improved student conduct was reported on buses equipped with belts. . . .[i]n general all involved parties perceived that bus belts represented a step consistent with their other bus safety improvement efforts. . . . " ^17-13 They found that the communities that chose to install and use the belts were safety conscious and had "[a]ctive PTA's with a high concern for student safety. ^17-14 Transportation directors, parents and drivers agreed that support from senior school officials was an important influence on all aspects of program effectiveness." ^17-15

Other Districts' Experiences with Seat Belts

In Westchester, the two districts that used seat belts on buses were part of the above NHTSA survey.. Ardsley began in 1983 and Greenburgh Central 7 in 1979. Bus drivers were convinced of the importance of wearing the seat belts. They were then able to convey the importance of wearing the belts to the students. While Ardsley had bus monitors, Greenburgh Central 7 did not, yet the students wore the belts. This is still true today. These districts claim an 80-100% usage rate for middle and elementary school students. Monitors in Ardsley were trained in the same way as the drivers. These monitors were placed on buses after an experimental program where half the buses used monitors and the other half did not. Behavior improved significantly and children boarded and disembarked in a much safer manner. In a recent telephone interview, Carol Fast made the point that we would never consider putting 50-60 children in a classroom with a teacher's back turned to them. On buses drivers must attend to the road and monitors can help them do that job more effectively. ^18-16

Seat Belts and School Buses = The Safety Equation

The Governor's Traffic Safety Committee funded the production and distribution of "Seat Belts and School Buses - The Safety Equation," ^18-17 which promotes the use of seat belts on school buses. This program includes a very informative videotape and accompanying manual which argue the benefits of seat belt use and present their rationale. Their main points state that the use of seat belts on school buses will do the following:

• Improve student behavior
  Seat belts use will keep children seated and facing forward with their heads and arms inside the bus. Student behavior will improve, thereby reducing driver distraction, which is a leading cause of bus accidents.
  
  
• Prevent injuries
  Medical and Traffic safety organizations support the use of seat belts on school buses. Seat belts are especially beneficial in side impact collisions and rollovers to help keep children within the compartment of their seats and keep them from falling onto the roof where they can sustain serious head or spine injuries.
  
  
• Provide consistency between home and school vehicles
  The use of seat belts on school buses will be easily obtained with consistent rules and careful explanation of how seat belts will help keep children safe. The Clarkstown PTA Council Seat Belt Usage Committee strongly recommends this program and considers these materials to be a wonderful resource. We urge their review by the pertinent personnel affiliated with the Transportation Department in this district.

CNN Impact "School Bus Danger"

The recent CNN Impact Broadcast "School Bus Danger" ^20-18 begins with an interview with a young woman, an unfortunate casualty of this senseless debate. She will never again have the use of her legs because she was injured in a school bus accident. She feels that if she had worn a seat belt (there were none on her bus) her life would be vastly different today. The program went on to discuss various different statistics and viewers were directed to the CNN internet site for more information contained in a fact sheet. This committee has included this information and it is attached to this document. ^20-19

Two doctors spoke about the value of the seat belts in reducing injuries and possibly preventing some of the fatalities in severe crashed. A video camera on a bus that ran off a road in Knox, Indiana recorded the movements of students going in whatever direction the bus went. One student, at the back of the bus hit the ceiling and then was thrown to the floor.

Dr. Marilyn Bull, from the American Academy of Pediatrics stated that children are left with no protection from compartmentalization if they are out of their seats. She feels that seat belts would keep children in the safer compartment of their seat rather than riding in "risky ways" such as leaning into the aisles, standing or kneeling to see something or speak to their friends, or even lying down on a seat and falling asleep. ^20-20

This piece of television journalism is very compelling. It is the hope of this committee that at the time of reading this report, all members of the school board will have had the opportunity to view the CNN program.

Summary

The parents of this district support the use of seat belts along with their local, state and national PTA's. First and foremost, their concerns are your concerns. Many people before us have fought long and hard for legislation that got seat belts on N.Y. State school buses with the support of the major medical associations. Other surveys of school districts using belts indicate that the use of seat belts can be achieved with great success. Presently, within the county and state, there are others that are concerned with this very same issue and are simultaneously pursuing the very same goals. ^21-21 As evidenced by the national coverage afforded to this issue by CNN we are at the crest of a wave about to sweep this nation. Let us become leaders and resource persons to the many who want to follow.

Parents want their children to wear their seat belts that are provided on the Clarkstown Central School District buses. This committee strongly believes their usage will improve student behavior, provide consistency between home and school vehicles and prevent injuries and possibly fatalities in case of accidents. However, parents cannot do this alone. A joint effort among all the involved parties is the only way to ensure safer travel for our children.

Misunderstandings About Seat Belts

on School Buses

On the morning of March 24th 1972, Congers Crossing at Gilchrest Road in Congers, N.Y. was the site of one of the nation's worst school bus crashes. Five high school students were killed and many others were seriously injured. The National Transportation Safety Board conducted a thorough evaluation and investigation of this accident concluding that seat belts and high back padded seats would have prevented the seriousness of many of the injuries and would have prevented 4 out of five fatalities. "Contributing to the number of fatalities and the severity of injuries were …(2) The absence of high back padded seats and an occupant restraint system in the school bus, (3) the presence of standing students on the bus…." ^22-1

Now, unlike then, New York State has seat belts on all its buses; yet the children are neither required, encouraged nor properly educated in how to use them on Clarkstown school buses. This omission is due in part to misunderstandings regarding the usage of seat belts on school buses.

First, it is believed by many that children are adequately protected in an accident by compartmentalization alone. Second, because of the large size of school bus, the conception is that crash forces are distributed differently and are less intense. Third, in spite of the apparent flaws with the data presented by the 1984 Transport Canada crash test, many still rely on those results to support their contention that children are at greater risk of injury when wearing a seat belt in accidents. Fourth, an often-repeated rationale is the fear of passenger entrapment. Fifth, some maintain that the United States government's assertion that equipping all the nation's school buses with seat belts would not reduce fatalities and injuries significantly enough to warrant the expense, implies that the use of seat belts that are already installed on the buses is not necessary. Sixth, there have been concerns about increased liability and exposure to law suits in connection with a policy encouraging or requiring seat belt use. And finally, there are worries that there would be no good way to enforce or ensure consistent usage.

Compartmentalization

The first misconception about school bus safety is that compartmentalization formed by high seat backs is adequate in itself to protect passengers in a collision. In fact, compartmentalization alone is of limited value. However, when combined with a lap belt, it functions as originally intended and provides good protection to school bus passengers in the event of an accident. The higher seat back and extra padding were designed to keep the children within the compartment and to cushion impacts. Seat belts further insure that the passengers will be kept within the compartment.

Opponents of seat belt usage contend that compartmentalization alone (without a lap belt) provides adequate safety for school bus passengers in a frontal impact collision. However, this is not the only type of accident that occurs. "It is reasonable to conclude that approximately half of injury producing school bus crashes are head on impacts, another third are rollovers and side impacts, and the remainder rear end impacts." ^24-2 Compartmentalization alone fails to provide adequate protection for passengers in other types of accidents. Compartmentalization without the addition of a lap belt has been tested and proven effective only in frontal impact crashes. "Current compartmentalization countermeasures are most effective in frontal crashes . . ." ^24-3 the NHTSA further states, in rollover and side impact accidents, seat belts would be of additional benefit to passengers and would also prevent ejections. ^24-4 In the Congers Crossing accident two children were ejected from the bus when it was split in half on impact. They fell to the tracks below and were run over by the train. They would not have been had they been wearing seat belts. The accident report indicates that "At least two of the five fatalities were ejected as a result of a floor separation and lack of availability and use of an occupant restraint system on the bus." ^25-5

Crash tests were conducted in 1967 by the Institute for Transportation and Traffic Engineering at the University of California in Los Angeles (UCLA/ITTE) Three large school buses were crash tested in three different ways--front, rear, and side impact collisions. Many different seat and restraint configurations were tested. Films were made to observe the actions of the passengers inside the bus. From these films, an informational video was produced entitled, "Broken Bus." ^25-6 During the segment featuring the side impact test, the narrator says, " One of the passengers is thrust through the roof port. An emergency escape side window flails open upon the violent forces of impact. Bodies are tossed from side to side. . . ." Only two restraining devices are proving to be of practical value throughout these experiments." [the 28 inch high back, well padded safety seat equipped with a lap belt.]" ^25-7

This committee's position is that compartmentalization is a good design feature that works in a synergistic manner with the use of a lap belt to provide adequate protection for school bus passengers in all manners of accidents.

Crash Forces

It is a common belief that the size of the school bus offers a great degree of protection from injury in the event of an accident, because a bus is so big it will absorb the impact, and that the passengers inside will not get hurt. Thus, some people consider that seat belts are not really a necessity. This thinking does not take into account how unpredictable physical forces play a part in the kinematics of the passengers after the moment of impact.

In a vehicular accident, passengers continue to move about the interior of the vehicle after the initial crash. "For unrestrained occupants the vehicle collision and resulting deceleration are followed by the collision of occupants with the interior . . . . Further impact protection can be provided if occupants are restrained in the passenger compartment by seat belts . . . . Restraints not only allow the occupant to decelerate more slowly than padding allows, but they also reduce collisions among occupants . . . and provide significant control over occupants' motions during the wide range of impacts that can occur." ^26-8 The NTSB report of the Congers Crossing accident addresses the subject of post-impact movement of passengers inside of a bus. "The availability of seat belts in combination with padded high-back seats of improved design would have reduced the injury severity in the following ways: restraints would have prevented the ejection experienced in this accident. Restraints would have prevented the post-impact kinematics of the passengers. This is especially true of the rear section that came to rest on its top. ^26-9

Moreover, post-impact movement is increased when children are not in their seats. "Two of the seven standees in this bus were injured fatally, and each of the remaining five received some type of head injury." The children were thrown about the bus, "The greatest number of injuries occurred to the head. These injuries can be attributed to the tumbling movements of the passengers as they struck each other and interior components of the bus." ^27-10

In the event of an accident, a belted school bus passenger is afforded the protection of not being hurled about, contacting the hard and unyielding surfaces of the buses interior. This committee contends that belted passengers stand a better chance of escaping injuries resulting from the effects of post impact movement and deceleration forces then unrestrained passengers.

Transport Canada Study: An Evaluation

Opponents of seat belt usage on school buses most often rely on The School Bus Safety Study, conducted in 1984 by Transport Canada (the Canadian equivalent to the U.S. Department of Transportation). ^27-11 This study is often cited for the contention that the use of lap belts on school buses is more dangerous than using no belts at all. This test has been widely criticized, however, by prominent researchers, as well as by the United States National Highway Traffic Safety Administration. It is the position of this committee that given the inherent limitations of the Transport Canada study, its conclusions have no applicability to the present issue before the board.

These criticisms target several factors of the study. First, the buses that were tested were equipped with substantially different seats than those present in New York State school buses. Second, there was evidence that compartmentalization alone would not adequately protect riders. Third, the testing was inadequate as only one relevant vehicle was crash tested, and only one type of collision was simulated. Finally, the test made use of too few dummies of inadequate size variation to obtain results representative of different size passengers. The construction of the dummies did not replicate the movement of the human body accurately, and there was an absence of instrumentation on key components on the dummies and within the bus. Further, there are many questions regarding the head injury criteria measurements as they apply to children. The remainder of this section will address these issues.

The results of the Canadian study are of limited usefulness, as New York State school buses are equipped with seat backs that are 28 inches high, 4 inches higher then those included in the Transport Canada test. " The additional height ensures that the . . . dummies used in the Canadian tests will impact the vertical surface on the back of the seat rather that the top of the seat back as occurred in the Canadian tests." ^28-12 Further, "[t]he exact point of head contact with the seat back is very important. There may yet be improvements which can be made to seat design in order to minimize injury as a result of head contact, whether or not seat belts are used." ^28-13 Higher seat backs, as used in New York State represent just such an improvement. Since the Canadian tests were conducted solely with lower seat backs, and much of the data extracted from these tests relied on how the dummies impacted the tops of the seat backs, the results of these tests are clearly not applicable to New York State school buses equipped with 28 inch seat backs.

This study concluded that seat compartmentalization "functions as intended during frontal impacts and provides excellent protection for occupants." ^29-14 Nevertheless, no allowance was made for the extreme dynamics that can occur in actual crashes "In the real world, occupants are frequently pitched upward as well as forward and thrown from their seats." ^29-15 The unbelted dummy in position #4 in the crash test of the large school bus did not remain in the compartment. " ^29-16 On rebound, the dummy struck the front edge of the seat cushion with the small of its back. It then rotated in-board and ended up laying in the aisle" ^29-17 "It should be noted that there were no sensors located on the dummy's back that could have measured the force of impact to the spine. Thus, one third of the dummies in this test were not protected by compartmentalization, and the study inadequately tested the full extent of this failure.

While one would assume a comprehensive examination of seat belt efficacy would require a series of crash tests including front, rear, and side impacts, the Canadian Study conducted only one 30 mph frontal impact barrier crash test. "A 30 mph barrier crash force for a large bus is an unlikely occurrence. . ." ^29-18 "It is reasonable to conclude that approximately half of injury producing school bus crashes are head on impacts, another third are rollovers and side impacts, and the remainder rear end impacts." ^29-19 "50% of the occupant fatalities in school buses occur in rollover accidents and 14.7% of the occupant fatalities occur in side impact accidents. It is in these types of accidents that safety belts might be most likely to provide additional safety benefits to school bus occupants." ^30-20 The Canadian Study itself states that further research on other types of crashes is needed. "Further collection and analysis of such data should be pursued. In particular, the direction of impact with the bus and the type of injuries encountered should be documented more fully." ^30-21 When data results from only one crash simulation the study's results are of limited value.

Another troublesome aspect of the Canadian Study is that it only used eight anthropomorphic test device (ATD) dummies, too few to assure accurate results. Six were equivalent in size to a 14 year old female of which three were belted. Two dummies represented 6 year olds, neither of which was instrumented or restrained by a lap belt." ^30-22 A further flaw in the Canadian study was the failure of Transport Canada to use dummies of various sizes to represent all sizes of children." ^30-23 "It is also unfortunate that one of the 6 year old dummies was not restrained for comparison purposes…" ^30-24 The use of so few dummies does not address the fact that in real life two or three children ride in a seat. The study itself indicated "The use of one ATD per seat in these tests limits the scope of the results since different ATD kinematics may have occurred if two or three had been placed in each seat. ^31-25

Further, numerous questions have arisen regarding the sufficiency of the dummies used in this test. The conclusions drawn regarding neck injuries are of uncertain validity, as there was no equipment on the dummies' necks or the tops of seat backs to measure these types of injuries. "…The unrestrained dummy necks interacted directly with the tops of the seatbacks, but the dummies were not equipped to measure the resulting loads and thus no reliable injury prediction can be made." ^31-26 "The report claims in its summary that 'The neck extension of several restrained dummies was judged to be life threatening.' Nowhere in the report, however, is there any discussion or reference to the biomechanical justification for this judgment." ^31-27 The Canadian study finds fault with its own test results, "The forces of the impact resulted in severe rear neck flexure for several ATD's …. There is, however, no criteria available to judge the possible severity of injury that could result from this bending. It is worth noting that the ATD neck is exceptionally stiff, much more so than that of a human. ^31-28 "We know from field experience that humans bend differently than these stiff dummies and do not tend to suffer "life threatening" neck injuries in these situations." ^31-29

There was also an apparent lack of flexibility of the spines of the dummies. This coupled with the aforementioned stiff necks presented crucial factors in the overall behavior of the dummies in this test. Certainly the heads of more flexible dummies would have impacted the seats in an entirely different manner. "These dummies do not accurately model the human spine …the stiffness induces excess velocity in the head. . ." ^31-30 The Canadian study acknowledges this about its own research, "The head acceleration traces showed very severe peaks, particularly when the head of the dummy contacted the area of the seat containing the structural steel tubing. This is partly due to the fact that the ATD's used are very stiff. ^32-31 In conducting a study with the specific intent of measuring head and neck injuries, the employment of a device that accurately mimics the articulation of the human neck and spine should presumably be the preferred choice. Unfortunately, the Canadian Study chose otherwise.

The Canadian Study used the adult measurement of 1000 for head injury criterion (HIC)."The Head Injury Criterion (HIC) is a measure of the degree which a head or head form is assaulted during a collision." ^32-32 The employment of the HIC level of 1000 has been questioned and challenged. "Adult injury criteria were used. The HIC of 1000 is almost certainly not applicable to children." ^32-33 The Canadian Study states. "The level of 1000 has been challenged by researchers…." ^32-34 "There is some question in the literature as to whether or not a HIC value of 1000 is a conclusive measure of serious head injury, particularly for children." ^32-35 "Certainly, a HIC of 1000 is probably not the best value for a limit of human tolerance for children." ^32-36 This study states that the belted dummies incurred higher levels of HIC then the unbelted dummies, but the level by which they are judging these results "has been set somewhat arbitrarily, at the level of HIC 1000." ^32-37 Even so, the belted dummies HIC levels did not exceed 729. ^32-38 All that can be suggested from the data presented is that the combination of a stiff dummy wearing a lap belt results in higher HIC levels for the dummy. There is nothing here that could indicate what would happen to an actual child.

Given this study's use of so few test subjects, any malfunction would greatly compromise the results of the outcome. In fact, the unbelted dummy in the first row left position did malfunction and the HIC data for that dummy was lost, leaving only two fully functioning unbelted dummies. Coincidentally the malfunctioning dummy incurred the highest level of chest acceleration, 60.4g. ^33-39 The level exceeded the maximum level allowed of 60g. Anything over 60g is to be considered life threatening, ^33-40 and so it can be concluded that this unbelted dummy experienced the only fatal injury in the course of this test.

It should be noted that in 1978 the Canadian Motor Vehicle Safety Standard 222 "School Bus Passenger Seating and Crash Protection" proposed requiring seat belts in school buses, however, due to pressures exerted by various special interest groups the requirement was withdrawn. This study was in done to address the concerns of these groups. It is plausible that this study was affected adversely by special interest bias and that a conclusion regarding seat belt use was arrived at before any testing was begun. "The 'School Bus Testing Program' was planned to determine the reaction of belted and unbelted test dummies. . . It was suspected that the pivoting of the anthropomorphic test device (ATD) about the seat belt could result in greater head injuries than if the ATD were unrestrained." ^33-41 It would seem by these remarks that the crash tests conducted are suspect and may have been conducted in such a way as to insure support of the predicted outcome.

Finally, the Transport Canada Study itself calls for further investigation and on that alone should be judged inconclusive in its findings. With respect to the often quoted conclusion about increased head and neck injuries, the study states " The use of a type I seat belt system in any of the three sizes of recent model school bus which were tested may result in more severe head and neck injuries for a belted occupant than an unbelted one, in a severe frontal collision. ^34-42 The National Highway Traffic Safety Administration acknowledges that "only one size dummy was used which typically represents a junior high school student. The geometry for younger children would be significantly different with likely different results. Taken together, the results of the Canadian tests should be viewed with caution. ^34-43

Given these clear shortcomings of the Transport Canada Study, it is the position of this committee that it presents no conclusive evidence that children wearing seat belts are at greater risk of injury in case of accident. As stated by Dr. Melvin and Ms. Weber in their evaluation of the Transport Canada Study for the University of Michigan "No case can be made from the results of this test program that belted children will have an increased likelihood of severe head and neck injuries in frontal crashes." ^34-44 Accordingly, this committee concurs with the National Highway Traffic Safety Administration's recommendation, that this study be viewed with caution. The Transportation Research Board's Special Report 222 in its review of lap belt effectiveness, concluded, ". . . that seat belts, when properly used on large, post-1977 buses are not inherently harmful and that they may reduce the likelihood of death of or injury to passengers involved in school bus crashes by up to 20 percent. ^34-45

Possibility of Entrapment

Another often heard rationale for not using seat belts is the fear of entrapment in the event of a fire. Those who promote this concept are also inclined not to buckle their seat belt in a car. The National Research Council, in the course of its research for Special Report 222 reviewed and analyzed accident data from the National Highway Traffic Safety Administration (NHTSA) and Fatal Accident Reporting System (FARS) for the five year period, 1982-1986, as well as other accident information from individual states. ^35-46 Special Report 222 states that "Post crash fires are very rare, during this study no evidence was found of school bus accident fatalities that resulted from fire or smoke inhalation." ^35-47 The Federal government has strict standards that address the fuel systems in school buses. "…No more than 5 oz of fuel spills during the first 5 min [sic] following impact." ^35-48

It is reasonable to assume, given the reported rarity of this type of accident, and the stringent safety regulations put forth by the U.S. government with regard to fuel containment on school buses, that no case against seat belt usage on buses can be made for fear of entrapment during a fire.

Additionally, this same group of seat belt opponents claim that a child belted in a school bus cannot get out of harm's way in the case of an impending collision. The NTSB stated in its report on the Congers Crossing accident "It can be argued that if the passengers who were seated in the front section (primarily in the impact area) had been belted, they would not have been able to escape the crushing effect of the locomotive . . . unless unbelted passengers in the impact area are alerted to the impending collision in sufficient time to escape, it is probable that they will suffer severe injury in any case.

Accidents happen quickly and the dynamics of crash forces exert themselves in only fractions of a second. In the UCLA/ITTE video, "Broken Bus," during the side impact crash test, the narrator tells us that: "at 1/20th of a second the sedan under-rides the bus… by 2/10ths of a second an unexpected near rollover occurs." ^36-49 It is unreasonable to propose that any passenger in this bus could possibly have anticipated the yaw of the bus after the impact, much less the impact itself.

Here, this committee chooses to rely on the common sense approach. A belted school bus passenger is a safer passenger, and to speculate that an unrestrained passenger would be able to escape the point of impact in a collision is preposterous.

The Absence of a Federal Mandate

Detractors of seat belt usage point to TRB Special Report 222's determination that nationwide installation of seat belts is not warranted. However, the rationale for this determination was that given the disproportionate number of school bus injuries which occur to students while boarding or disembarking from buses, and not in accidents, combined with the extreme expense required to retrofit the nation's school buses with seat belts, "[t]he funds used to purchase and maintain seat belts might be better spent on other school bus safety programs." ^36-50 Opponents cite this report as the foundation for their position that seat belt usage in school buses is unnecessary.

It is important to note that this is an entirely different issue than the one facing the Clarkstown School District. The report's determination is wholly irrelevant to the question of whether the children riding Clarkstown school buses should use their seat belts. Unlike the situation addressed in Special Report 222, Clarkstown already has seat belts on all of the school buses. Thus, the district faces no countervailing expense that overrides the safety benefit it would achieve if seat belt use were endorsed.

It is completely unsound to advance the premise, that because of the absence of a federal mandate for installation due to expense considerations, that seat belt usage by the students is therefore unnecessary where belts are already installed. This committee accordingly feels that the lack of a federal requirement for seat belts does not translate into a reason for not using the seat belts that are already on the buses.

School District Liability

School district liability exposure is a very important concern. Certainly Clarkstown Schools want to provide the safest possible conditions for all of their students. It is important for the district to know that this committee is equally concerned for the safety of all the children who ride the buses in this district. Decisions on school bus safety should be made strictly with passenger safety in mind. Belted children are safer and less prone to injuries in the event of an accident. "Seat belt use on school buses may actually decrease a school district's exposure to liability." ^37-51 Fewer injuries mean fewer possibilities for law suits.

There has been concern regarding the possible liability problems that could arise should the district adopt a policy that encourages or requires usage of seat belts. The argument is that by encouraging seat belt use, the district has assumed a duty to ensure that all students are belted at all times. Thus, an unbelted student injured in an accident where the district otherwise is not at fault might argue that the district was negligent in not meeting this duty. This issue was addressed by the New York State Legislature and disposed of by New York Education Law §3813 (4) which provides:

In any action for personal injuries by a passenger on a school bus against a school district, school bus operator under contract with a school district, or any agent or employee of a district or operator (including, but not limited to, bus drivers, matrons, teachers serving as chaperones and volunteers) no such person shall be held liable solely because the injured party was not wearing a seat safety belt; provided, however, that nothing contained herein shall be construed to grant immunity from liability for failure to:
a) maintain in operating order any equipment by statute, rule or regulation;
b) comply with applicable statutes, rules or regulations. ^38-52

This law provides that a student, who was either required or encouraged by the district to wear a seat belt but chose not to, and was subsequently injured in an accident, could not sue on the theory that injuries sustained were caused by his not wearing a seat belt. However, this law implies a duty to the district to maintain all equipment and to be in compliance with all rules and regulations. A failure here will result in a loss of immunity. Further, the district may be exposed to liability because of its choice not to promote seat belt usage. New York Education Law §3623 (1a.) and the Transportation Commissioner's Regulations §156.3 (i) specify that the district has a duty to educate the students in the use of seat belts. "[A]nd shall include but not be limited to:
1. proper fastening and release of seat safety belts;
2. acceptable placement of seat safety belts on pupils;
3. times at which the seat safety belts should be fastened and released; and
4. acceptable placement of the seat safety belt when not in use." ^38-53

An unbelted student injured in an accident, not otherwise the fault of the district, could thus argue that the district had failed to comply with §3623 and §156.3 (i), disentitling it to immunity under §3813 (4). Further, it could be argued that this noncompliance constitutes negligence per se under the long-established rule of Martin v. Herzog; "the unexcused omission of the statutory [vehicular safety measures] is more than some evidence of negligence. It is negligence in itself." ^39-54

Thus, by adopting a program of seat belt use encouragement and education, the district would assure compliance with §3623 and §156.3 (i), and so fall within the guarantee of immunity set forth in §3813 (4). Accordingly, it is this committee's position that the district would minimize its exposure to liability by encouraging seat belt use.

Ensuring Seat Belt Usage by School Bus Passengers

Some opponents of seat belt usage contend that children will not comply with a seat belt rule, therefore issuing such a rule would be pointless. In fact districts which encourage seat belt use have been able to achieve high rates of student usage. ^39-55 Thus, the present low rate of usage by Clarkstown students is likely a result of the absence of a district policy of encouragement.

The NHTSA conducted a survey in 1986 of several school districts in the nation that had seat belt equipped buses. In its Summary of Study Site Experiences it states, "Bus drivers and students said that many students buckled belts on buses in response to instruction and reminders. . . ." ^39-56 The bus drivers are instrumental in getting the children to buckle up. "Transportation directors said that initial and ongoing training was essential for providing drivers . . . with information about school belt use policies, familiarizing them with techniques for getting students to use their safety belts, and fostering positive attitudes." ^40-57 More importantly, "[a]dministrators reported that if they had to make the decision over again they would opt for equipping buses with belts and would recommend belt programs to other schools." ^40-58

Moreover, the NHTSA study says "[s]chool officials, educators, and parents expressed a widespread belief that routine bus belt use by students would be habit forming." ^40-59 The report also stressed that "[t]he drivers' . . . own attitudes and approaches toward students and to belt use promotion affected the students' belt use behavior. . . . Rates seemed highest on school buses with experienced divers who knew each of their passengers and used personal ways to encourage them to buckle up." ^40-60

Undeniably, the correlation between consistent usage by bus passengers and a policy of reinforcement through education has been proven. That the rate of usage on Clarkstown buses is low is not surprising. This committee agrees with Special Report 222 in that "[s]tates and local districts that choose to require seat belts in buses must ensure that all school bus passengers wear them and wear them correctly. Any program to require the use of seat belts on school buses can be effective only if it has the support of the school board, school administrators, teachers parents and school bus drivers." ^40-61 Further, this committee asserts that belt usage will greatly increase upon the institution of programs designed to encourage use on Clarkstown School buses.

Summary

1. Compartmentalization alone does not provide adequate protection in the event of an accident. The standards included for the "compartmentalization" seat design in Federal Motor Vehicle Safety Standard 222 ^41-62 are the minimum as required by law. "It is important to emphasize that FMVSS No.222 "School Bus Passenger Seating and Crash Protection,' specifies the minimum safety requirements applicable to school buses." As such, the standard falls short of providing more than a minimal protection for school bus passengers. The use of a seat belt in conjunction with the guidelines set forth in FMVSS No. 222 is the best measure of protection that can be afforded to school bus passengers at this time.

2. Unbelted school bus passengers are at substantially greater risk of being injured as a result of post impact movement and deceleration then belted passengers. Passenger ejections represent one fourth of all school bus fatalities. Seat belts usage would prevent these deaths. ^41-63 A belted passenger is contained within the seating compartment and is therefor safer.

3. The conclusion reached by the 1984 Transport Canada study, that seat belted school bus passengers are at greater risk of injury than unrestrained passengers has been widely criticized by many involved in pupil transportation research, as well as by the United States National Highway Traffic Safety Administration (NHTSA). The tests conducted were limited in scope and utilized insufficient testing apparatus. It is the position of this committee that the data represented by the Transport Canada Crash study in regard to seat belt usage is inconclusive and flawed and its claims unfounded.

4. Common sense indicates that vehicular accidents happen too quickly to allow time for a reaction. The use of a seat belt would not impede an occupants escape from the point of impact, as such escape is impossible. Further, the rarity of post crash fires renders the argument that a belted passenger is at risk of entrapment groundless.

5. It is failed logic to contend that the failure of the federal government to mandate seat belt installation on the nation's school buses is a reason not to use the belts that are already installed on Clarkstown school buses. The financial considerations that have influenced the federal government's determination have no applicability to the issue before this school board. Thus, the lack of a federal requirement for seat belts should not be put forth as a reason for not using the seat belts that are already on the buses.

6. The school board's concerns regarding liability and law suits in the event a passenger choose to ignore a seat belt rule and remain unbelted were addressed by the New York State Legislature. Instituting a program of seat belt use, encouragement, and education assures district compliance with N.Y. ED. Law §3623 and Comm's Regs. §156.3 (i), and would insure the guarantee of immunity set forth in N.Y. ED Law §3813 (4). The added benefit of encouraging seat belt usage would be improving overall safety, thereby minimizing injuries, which would reduce the possibility of lawsuits.

7. There is only one way to assure higher levels of seat belt usage-by adopting a policy that encourages and educates the children in usage. Undoubtedly, the mere prompt by the bus driver to a passenger upon boarding to buckle his seat belt will result in vastly increased seat belt use. "With this support it is easier to teach children to wear seat belts correctly, and they will be more willing to comply with the requirement that they wear them." ^43-64

Dr. Herbert Sperling was the physician on duty at Nyack Hospital the morning of the Congers Crossing accident, and in a recent editorial wrote, "I triaged the students who were injured and killed in the congers school bus accident. There is no doubt in my mind that many of the students would have been spared injury if they were wearing a seat belt." ^43-65 The NTSB in its report on this accident agrees. According to Special Report 222 "the committee concludes that the use of seat belts on large post-1977 school buses may reduce the likelihood of death or serious injury to school bus passengers by up to 20 percent." ^43-66 Unfortunately those five students who perished that morning did not have the benefit of seat belts installed in their bus, it was not required by law. Perhaps if they did the outcome to that tragedy could have been different.

Conclusion

This committee strongly urges the Clarkstown Central School District to take the necessary steps to improve the safety of the children who ride the school buses each day, and renew the commitment it made to educate students in the use of seat belts on the district's school buses. Moreover, efforts to improve safety for school bus passengers should be an ongoing initiative in the district.
Through the seat belt survey that was distributed in December 1997 - January 1998, the parents of this district strongly indicated that they want their children to use their seat belts. They are not alone in their concerns or their convictions. Many groups and medical associations concur, endorsing the use of seat belts on school buses.
Other school districts, both locally and nationally, have had good success with aggressive seat belt usage programs. They are a resource for program information, materials and other beneficial information and can assist this district in future efforts to establish usage, training, and education programs.
The issue of school bus safety and particularly the effectiveness of seat belts in insuring passenger safety has recently been gaining a good deal of attention nationally as evidenced by the recent broadcast on the CNN show "Impact".
FMVSS No. 222, which affords only minimal protection to school bus passengers is the focus of a new course of school bus safety advocacy. Further, the concept of compartmentalization, designed to work in conjunction with a lap belt is a proven method for providing better safety for school bus passengers. Additionally, the results put forth by Transport Canada crash tests, that seat belts could be harmful, have been exposed as flawed and inconclusive.
The literature reviewed by this committee addresses the unfounded fears of the possibility fires and entrapment on school buses. Fires on school buses are so rare that there were none to be investigated by the various agencies that have been reviewing school bus accident data.
Clarkstown school buses have seat belts. The lack of federal legislation requiring seat belts on all of the nation's school buses cannot, nor should be used to justify not using the belts that are provided on these buses.
Although a policy promoting or even requiring usage cannot guarantee that all the children will comply with this rule, certainly the majority will. For those few who for what ever reason, choose not to wear a seat belt, and are injured in an accident where the district is not at fault, there is protection for the school district against law suits. Of course this protection is provisional on the district's compliance with certain laws and regulations, as detailed earlier in this report.
Finally, on the basis of the information, materials, and documents it has had the opportunity to review, which were considered and selected by the committee as being the most pertinent and critical to this issue, this committee maintains the position that the children of this district are safer wearing their seat belts when riding on district school buses. Our recommendations to the Clarkstown Central School District Board of Education follow.

Recommendations

This committee recommends:

1. That the Clarkstown Central School District adopt a uniform policy promoting seat belt use on all district school buses.

2. That the Clarkstown Central School District make a strong commitment to develop an educational program that at the minimum complies with New York State Education Law § 3623 (c), Transportation Commissioners regulations §156.3 (i) and New York State Education Law §3813.4 (b).

3. That the Clarkstown Central School District insure that all seat belts be maintained and operable so as to comply with New York State Education Law §3813.4 (a).

4. That the Clarkstown Central School District require all school bus drivers to advise the students upon boarding the bus to buckle their seat belts and prominently display signs on all of the school buses in its fleet that advise the students to buckle their seat belts.

5. That the Clarkstown Central School District require all bus drivers to refrain from moving their vehicles until all children are safely boarded and seated.

6. That the Clarkstown Central School District insure that there is no overcrowding, which could result in standees on buses, by assuring adequate seats for all students registered to ride on buses as assigned. Further, enforce a policy of checking school bus passes to insure that students board correct buses, and provide that middle school and high school students do not ride more than two in a seat.

7. That a committee be formed consisting of representatives of the PTA and the Pupil Transportation Department for the purpose of conducting evaluations three times a year for no less than the next five years to assess the effectiveness of the instituted seat belt program including evaluating usage rates and student behavior.

8. That a committee be formed made up of representatives of the PTA and the Pupil Transportation Department for the purpose of cooperating and collaborating on the following issues including, but not limited to:

· Researching, obtaining, and developing materials for training students, parents, drivers, staff and administration.
· Improving communication between parents, students and bus drivers.
· Exploring and sharing information with other districts using seat belts.
· Participating with other research concerns with the goal of getting more recent data on all the issues surrounding this topic.
· Reviewing and revising current accident procedure policies.

9. That the Clarkstown Central School District investigate the workability of using adult monitors on the district school buses including the examination of the availability of possible funding sources for reimbursement of costs associated with the transporting of special needs students.

10. That the Clarkstown Central School District retire all remaining buses in its fleet that do not have seat belts on or before June 25, 1998 so as to comply with New York State Vehicle and Traffic Law §375.20 (k).

Endnotes

^iii-1 Judith Kaplan Wener, Buckle Up! Principal May 1985, at 26-27 [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990].

^iv-2 Ian Blake Newman, Wintry Mess Snarls Traffic, Rockland Journal News, December 11, 1997.

^iv-3 Laurel Babcock,, Woman Killed In Car Crash Was Planning Engagement, Rockland Journal News, January 17,1998 at 1-2.

^iv-4 See Committee's Accident List, infra Appendix A.

^iv-5 See Committee's Articles List, infra Appendix B.

^v-6 Dr. Herbert Sperling, Letter to the Editor, M.D. in Bus Tragedy Urges Seat Belt Use, Rockland Journal News, Jan.27, 1998 at A8.

^v-7 The Kurt Granthom Show, (WRKL radio broadcast, December 17, 1997).

^v-8 Letter from John D. States, M.D. Chairman and Professor, Department of Orthopedics, University of Rochester and Chairman of the New York Coalition for Safety Belt Use to Chairman Norman J. Levy of the N.Y.S. Legislative Comm'n on Critical Transportation Choices (December 23, 1985) [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990].

^v-9 Stephen Langford,. The River - A Primer for Seat Belt Use, (1994)
(available on the internet http://www.theriver.com/public/busbeltkids/).

^1-1 Regular Meeting of The Board of Education of The Clarkstown School District (July 2, 1990) [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990].

^2-2 Letter from Mara Robinson, Director of Transportation, Clarkstown Central School District to Lynn Brown, Chair, Clarkstown PTA council Seat Belt Usage Committee, (February 26, 1998).

^2-3 Memorandum from John L. Krause, Superintendent of Schools, Clarkstown Central School District, to the Board of Education, Regarding: June 28 Workshop on Seat Belts (June 27, 1990) [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990].

^3-4 Ibid.

^3-5 Ibid.,(emphasis added).

^5-1 Letter from Kathleen Weber, Child Passenger Protection, University of Michigan to Rhea Vogel, Clarkstown PTA Council Seat Belt Usage Committee member (February 11, 1998)

^5-2 Testimony, Carol Fast, School Bus Resource, NEW YORK STATE PTA SAFETY COMMITTEE BEFORE NEW YORK STATE LEGISLATIVE COMM'N ON CRITICAL TRANSPORTATION CHOICES, (DECEMBER 8, 1983) [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990].

^6-3 Ibid.

^6-4 Ibid.

^7-5 New York State PTA Convention, Resolution #9 - retained (1997).

^7-6 Stephen Langford,. The River - A Primer for Seat Belt Use, (1994)
(available on the internet http://www.theriver.com/public?busbeltkids/).

^7-7 Dr. Alan Ross, Telephone conversation with Lynn Brown, Chair Clarkstown PTA Council Seat Belt Usage Committee, (December 1997).

^8-8 American Automobile Association, Crash Protection, Traffic Safety and Engineering, Heathrow, Florida, (April 1996).

^8-9 NEW YORK STATE EDUCATION DEPARTMENT, NEW YORK STATE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, MADISON-ONEIDA BOCES, SAFETY BELTS AND SCHOOL BUSES at 9 (1994).

^16-10 CENTER FOR URBAN TRANSPORTATION RESEARCH, COLLEGE OF ENGINEERING, UNIVERSITY OF SOUTH FLORIDA, TO BELT OR NOT TO BELT? EXPERIENCES OF SCHOOL DISTRICTS THAT OPERATE LARGE SCHOOL BUSES EQUIPPED WITH SEAT BELTS (1994), at v.

^17-11 Ibid., at vi.

^17-12 National Highway Safety Administration, United States Department of Transportation, School Bus Safety Belts: Their Use, Carryover Effects and Administrative Issues (1986) [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990].

^17-13 Ibid., at 16

^17-14 Ibid., at 4

^17-15 Ibid., at 20

^18-16 Carol Fast, Telephone Conversation, with Lynn Brown, Chair Clarkstown PTA Council Seat Belt Usage Committee (February 22, 1998).

^18-17 NEW YORK STATE EDUCATION DEPARTMENT, NEW YORK STATE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, MADISON-ONIEDA BOCES, SAFETY BELTS AND SCHOOL BUSES (1994)

^20-18 CNN Impact: School Bus Danger (CNN Cable television broadcast, January 18, 1998).

^20-19 CNN Impact: School Bus Danger, fact sheet,<CNN.com/impact> infra Appendix C.

^20-20 Ibid.

^21-21 Jane Lerner, Should Students Buckle Up? Rockland Journal News, February 8, 1998, at 1, & 6A.

^22-1 NATIONAL TRAFFIC SAFETY BUREAU REPORT, NTSB-RHR-73-1, 3/21/73
Railroad/Highway Accident report - Penn Central Freight Train/ School Bus collision, near Congers, New York, March 24, 1972, (emphasis added) [hereinafter Congers Crossing Accident] [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990].

^24-2 Letter from John D. States, M.D. Chairman and Professor, Department of Orthopedics, University of Rochester and Chairman of the New York Coalition for Safety Belt Use to Chairman Norman J. Levy of the N.Y.S. Legislative Comm'n on Critical Transportation Choices (December 23, 1985) [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990 [hereinafter Letter from Dr. John States to Chairman Levy]

^24-3 National Highway Safety Administration, United States Department of Transportation, Safety Belts on School Buses at 7 (1985) [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990].[hereinafter NHTSA Safety Belts on School Buses]

^24-4 Ibid., at 7.

^25-5 Congers Crossing Accident, supra note 1.

^25-6 Videotape: Broken Bus UCLA/ITTE Crash Tests (Charles Cahill and Associates 1967) [herinafter Broken Bus].

^25-7 Ibid.

^26-8 TRANSPORTATION RESEARCH BOARD, NAT'L. RESEARCH COUNCIL, SPECIAL REP. NO. IMPROVING SCHOOL BUS SAFETY at 62 (1989) [hereinafter TRB S.R. 222].

^26-9 Congers Crossing Accident, supra note 1.

^27-10 Ibid.

^27-11 TRANSPORT CANADA, TRAFFIC SAFETY STANDARDS AND RESEARCH, SCHOOL BUS SAFETY VOLUME 1 REPORT (1985).

^28-12 Letter from Dr. John States to Chairman Levy, supra note 2

^28-13 TRANSPORT CANADA, TRAFFIC SAFETY STANDARDS AND RESEARCH, SCHOOL BUS SAFETY VOLUME 1 REPORT (1985), at 58 [hereinafter Canadian Study].

^29-14 Ibid., at 76

^29-15 Letter from Dr. John States to Chairman Levy supra note at 2

^29-16 See Photo: Post-Test Dummy Position No. 4 View, infra Appendix A

^29-17 Canadian Study supra note 13 at 61

^29-18 NHTSA Safety Belts on School Buses, supra note 3 at 9.

^29-19 Letter from Dr. John States to Chairman Levy supra note at 2

^30-20 NHTSA Safety Belts on School Buses supra note 3 at 7.

^30-21 Canadian Study supra note 13 at 77.

^30-22 See TRB S.R. 222, supra note 8 at 70.

^30-23 N.Y.S. LEGISLATIVE COMM'N ON CRITICAL TRANSPORTATION CHOICES, INCREASING SCHOOL BUS SAFETY FOR NEW YORK STATE'S CHILDREN THROUGH SEAT BELTS ON SCHOOL BUSES AND THE ELIMINATION OF STANDEES!, at 4 (1986). [on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990]

^30-24 John W. Melvin, Ph.D. and Kathleen Weber, MA, Transport Canada School Bus Safety Study (Ann Arbor: University of Michigan, 1986 p. 2 [hereinafter Michigan Report].

^31-25 Canadian Study, supra note 13 at 58.

^31-26 Michigan Report, supra note 24, at 2

^31-27 Ibid., at 3 quoting School Bus Safety Study, Transport Canada (1985)

^31-28 Canadian Study, supra note 13 at 59. (emphasis added)

^31-29 Michigan Report, supra note 24, at 3.

^31-30 Letter from Dr. John States to Chairman Levy, supra note 2.

^32-31 Canadian Study, supra note 13 at 58.

^32-32 TRB S.R. 222, supra note 8 at 72.

^32-33 Letter from Dr. John States to Chairman Levy, supra note 2.

^32-34 Canadian Study, supra note 13 at 21

^32-35 Ibid., at 57

^32-36 Ibid., at 21

^32-37 Ibid., at 21

^32-38 Ibid., at 51, table 3, Summary of Dynamic Test Results.

^33-39 TRB S.R. 222, supra note 8 at 72 [table 4-2].

^33-40 Canadian Study, supra note 13 at 6.

^33-41 Ibid., at 19.

^34-42 Ibid., at 76 (emphasis added).

^34-43 NHTSA Safety Belts on School Buses, supra note 3 at 9.

^34-44 Michigan Report, supra note 24, at 3.

^34-45 TRB S.R. 222, supra note 8 at 83.

^35-46 Ibid., at 31.

^35-47 Ibid., at 96.

^35-48 Ibid., at 97.

^35-49 Broken Bus, supra note 6

^36-50 TRB S.R. 222, supra note 8 at 148.

^37-51 NEW YORK STATE EDUCATION DEPARTMENT, NEW YORK STATE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, MADISON-ONIEDA BOCES, SAFETY BELTS AND SCHOOL BUSES at 15 (1994)

^38-52 New York Education Law § 3813, (4)

^38-53 Chapter II, Commissioner's Regulations, Transportation §156.3 (i).

^39-54 Martin v. Herzog, 228 N.Y. 164, 168, 126 N.E. 814, 815 (1920).

^39-55 National Highway Safety Administration, United States Department of Transportation, School Bus Safety Belts: Their Use, Carryover Effects and Administrative Issues at 25 (1986)[on file at Clarkstown Central School District Clerk's Office/Public Hearing - Seat Belts, 1990]. [hereinafter NHTSA School Bus Safety Belts: Their Use]

^39-56 Ibid., at (x).

^40-57 Ibid., at (x).

^40-58 Ibid., at (xii).

^40-59 Ibid., at (xii).

^40-60 Ibid., at 11.

^40-61 TRB S.R. 222, supra note 8 at 148.

^41-62 CHAPTER V--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS, §571.222 Standard No. 222; School bus passenger seating and crash protection.

^41-63 NHTSA Safety Belts on School Buses, supra note 3 at 7

^43-64 TRB S.R. 222, supra note at 149.

^43-65 Dr. Herbert Sperling, Letter to the Editor, M.D. in Bus Tragedy Urges Seat Belt Use, Rockland Journal News, Jan.27,1998 at A8.

^43-66 TRB S.R. 222, supra note at 148.