NY lawmakers consider changes to seat belt law after deadly bus crash

State lawmakers are weighing changes to New York’s seat belt laws in response to a deadly tour bus crash upstate that killed five people.

The architects of a 2024 law requiring that most passengers on a charter bus wear seat belts or face fines say they’re open to bolstering seat belt usage, potentially through some sort of announcement at the start of a trip or signage on board.

"We've all been on these charter buses, whether for school trips or otherwise, and someone may say something, someone may not, but there's no bus monitor, there's no camera, there's no police officer walking down the aisle to make sure that you click it," said State Sen. Jeremy Cooney (D-Rochester) who sponsored the 2024 law and chairs the Senate transportation committee.

Assemb. William Magnarelli (D-Syracuse), who carried the bill in the Assembly, says he’s also open to tweaking the law, but enforcement begins with individuals.

"I believe that the public has to come to the realization that if they want to be safe, they need to buckle up," said Magnarelli, who also chairs his chamber’s transportation committee.

Late last month, five people were killed in western New York when a tour bus returning to New York City from Niagara Falls crashed, leaving dozens injured.

Gov. Kathy Hochul said last week that she wanted to talk to lawmakers about a legislative remedy, floating the idea that passengers be notified about wearing a seat belt similar to the protocol on airplanes.

"So I think there needs to be something specifically designed to address this situation, but having them in the first place is good," Hochul said. "But let me go back to the legislature and talk about, is there some way we can make people safer when they're on the roads in New York? Because that's the number one priority I have is keeping people safe."

The seat belt law was spurred by a fatal crash in September 2023 involving a bus transporting members of the Farmingdale High School marching band. The crash killed the marching band director and a chaperone and injured dozens of students.

The nascent law gives police the ability to issue $50 tickets to older teenagers and adults who aren’t wearing their seat belt. Parents or guardians of children ages 8 to 15 could also be fined if their child isn’t strapped in.

At a press briefing following the tour bus crash last month, National Transportation Safety Board officials said the 2005 tour bus was equipped with seat belts.

James O’Callaghan, a spokesperson for New York State Police, said the five people killed in the crash were not wearing their seat belts at the time of the collision. Seat belt usage among other passengers and where they were seated is still under investigation.

A preliminary report by the NTSB is expected later this month.

Any change to the state law isn’t likely to happen until next year, when lawmakers are scheduled to return to Albany in January for the legislative session. Cooney said he’s hoping to have legislation ready by then.