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05/20/2018

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05/20/2018

STATES REQUIRING SEAT BELTS ON SCHOOL BUSES

By: Paul Frisman, Principal Analyst

ISSUE You asked for information about federal and state school bus seat belt laws. This report updates the information provided in OLR Report 2010-R-0055.

SUMMARY

The National Highway Traffic Safety Administration (NHTSA), which sets national standards for school bus safety, requires three-point seat belts (lap-and-shoulder belts) on school buses weighing less than 10,000 pounds, but allows individual states to decide whether to require seat belts on larger school buses. Six states – California, Florida, Louisiana, New Jersey, New York, and Texas – do so.

These state laws address such issues as the type of seat belt required (lap or three-point), priority for allocation of seat belt-equipped school buses, liability of school bus operators, whether application of the law depends on the availability of funding, and other factors. For example, New York's law allows local school districts to decide if students must use seat belts; Texas requires school districts to report annually on school bus accidents.

NHTSA, which has traditionally maintained that seat belts are not needed on school buses, announced a change in policy in 2015, and is now exploring ways, in the words of NHTSA administrator Mark R. Rosekind, to “make seat belts on schools buses a reality.”

According to the National Conference of State Legislatures (NCSL), 10 states, including Connecticut, considered school bus seat belt bills in 2016, although none was enacted.

FEDERAL REGULATION

Federal law authorizes NHTSA to set national standards for school bus safety. NHTSA requires three-point seat belts on school buses weighing less than 10,000 pounds, but allows individual states or local jurisdictions to decide whether to require seat belts on larger school buses (49 C.F.R. § 571.222).

NHTSA has traditionally held that large school buses do not need seat belts because they are already the safest way for students to travel to school. It has said adding seat belts would cost between $7,346 and $10,296 per bus, and would reduce the number of students each bus could carry because the thicker seat backs needed to accommodate the seat belts would mean each bus would have fewer rows of seats.

“Given the trade-off between installing seat belts…and implementing other safety measures that could benefit pupil transportation or other social welfare initiatives, and given that large school buses are already very safe,” NHTSA stated in 2008, “we believe that states should be permitted the choice of deciding whether belts should be part of their large school bus purchases.”

In November 2015, NHTSA administrator Rosekind announced a change in position, saying the agency now believes “that every child on every school bus should have a three-point seat belt.” Rosekind said NHTSA would take a number of steps to achieve this goal, such as gathering better information on the safety benefits of seat belts in jurisdictions that require them and on whether seat belt requirements reduce the safety risks from driver distraction.

STATE LAWS REQUIRING SEAT BELTS ON SCHOOL BUSES
Florida

Florida law requires (1) new school buses purchased on and after January 1, 2001 to be equipped with seat belts or other federally-approved restraint system and (2) each school bus passenger to wear a properly adjusted belt when the bus is operating. It exempts (1) the state; (2) counties; (3) school districts; and (4) school bus operators and their agents, including teachers and volunteer chaperones, from liability for personal injury to a school bus passenger solely caused by (a) the injured passenger's failure to wear a seat belt or (b) another passenger's use or non-use of a seat belt in a dangerous or unsafe manner. It requires school districts to ensure that elementary schools receive first priority when they allocate school buses with seat belts, and exempts certain vehicles not used exclusively to transport public school students (Fla. Stat. Ann. § 316.6145 and § 1006.25(1)(b)).
California, Florida, Louisiana, New Jersey, New York, and Texas require school bus seat belts.

California

California law requires three-point seat belts on (1) school buses manufactured on and after July 1, 2005 that carry more than 16 passengers and (2) all other school buses manufactured on and after July 1, 2004. It requires school transportation providers, when feasible, to give priority to elementary school students when allocating seat-belt equipped school buses. Under the law, the state cannot charge any person, school district, or organization with violating this law if a passenger either does not fasten his or her seat belt, or does so improperly (Cal. Veh. Code § 27316).

State regulations require school bus passengers to (1) use the seat belts and (2) be taught how to use them in an age-appropriate manner (Cal. Code Regs. Title 5, § 14105).

05/13/2018

We, the people who are NOT Wealthy, or powerful; often are penalized for Lack of Money, Resources and The Tenants of Equal Justice and Equal Protection;
Let us Examine : Florida cases, and rulings when triers of fact do not obtain the facts, We all lose the Access to courts and Equal Justice that are Guaranteed by the United Sates constitution:
Are Courts and legislators using our PUBLIC TRUST to our Best Interests, or:
Do Courts and Legislators make Rules, Budgets and Orders that Deny Equal access to the Courts against the BEST Interests of Ethnic Minorities and Individuals and Families that cannot afford to Win against strong, wealthy Companies and Wealthy individuals?
Most decisions of a state or federal trial court (or an agency) are subject to review by an appeals court, including decisions regarding almost all types of civil cases.
Whether the appeal concerns a judge's order or a final judgment entered by a jury, an appeals court reviews what happened in proceedings below for any errors of law.
What happens when Lawyers for Poor People cannot envision a clear cut win and decide to Deny even Discussing Cases with Victimized Families?
Do you know of Cases of this type?
If the court finds an error that contributed to the trial court's decision, the appeals court will reverse that decision.
The lawyers for the parties submit briefs to the court and may be granted oral argument.
Once an appeals court has made its decision, the opportunity for further appeals is limited.
The number of parties filing appeals has risen substantially in the last few decades, causing the state and federal court systems to implement changes in an effort to keep up.
Is the Solution to Deny access to courts for People who are not wealthy,
Or; News Article;
Can OUR MASSIVE TAX Burden that disadvantaged Americans Pay annually – Be used to Pay for Legal Services; Controlled by Poor American Citizens; instead of Self – Serving Attorneys who rip off the Money from poor people: Can our TAX Dollars, that are paid by disadvantaged American Citizens be used to INSURE that we, Too: can Obtain Justice?
In Central Florida: we are being denied Services Based upon Racially Disparate Attitudes, archaic Racially Biased Board members; Who CHEAT Minority American Citizens and executives who are discriminating against African American, Haitian American Applicants Daily; and use the United States Tax Code to make Huge Salaries without paying usual Taxes that law firms usually pay.
Legal services Groups Collect Millions in Orange, Seminole, Osceola, Brevard, Polk, Marion and Lake Counties for Instance, Yet they Refuse to Develop Case Descriptions adequately and Refuse to allow Clients councils to Share in the vast amount of Information that the Wealthy Controllers of these agencies use; while pretending to even care about poor clients; whom they Refuse to serve adequately in amounts that equal more than half of those who are Qualified for the Legal Services they are PAID Millions to provide!
These actions go on and on: in their own selfish Activities each day.
African American Families Pay Millions of Dollars in taxes for Assistance from Legal services and Legal Aid Agencies and are cheated Daily of adequate or even appropriate legal services by Racially Disparate rules, actions and executive bias that permeate the agencies that are paid Millions to serve us.,
SM
Permission to Copy, Publish and or in any way affect the publication of this article Must obtain permission from the Author; Legal SERVICES CLIENTS, SM
Copyright 2018 Clients Councils, SM

04/12/2018

I commend Orlando Police Chief Mina and staff for hosting an engaging and informative forum today. Hats off to all the panelists for your impactful insight on bridging the gap between law enforcement and community. What can law enforcement and the community do to better respect and unite with each other? — with David Jacques, J Henry's Barbershop, Myra Mack, Diedra Mack Cobaris, Marvin A. Jackson, Fresh'Youth Impactchurch, Regina Hill and Kelvin Cobaris.

03/11/2018

https://pro.moneymappress.com/p/NVXELC39/PNVXU329/?src=aol&iris=880368&referrer=www.aol.com&d=https%3A%2F%2Fstrategictechinvestor.com&_ga=2.107949959.462013036.1520805694-28815353.1520805694&h=true

03/03/2018

Florida’s legal aid system Discriminates Racial diversity, Especially at the senior management levels.,
SM

03/02/2018

Work the Task.

U.N. officials weren't prepared for what they found in Alabama, where they said they found the worst poverty in the developed world.

03/01/2018

Today we celebrate Brazil's Black Consciousness Day (Dia da Consciencia Negra). It's also a day of remembrance of our great leader Zumbi dos Palmares (see below)

What I love about the fact that Brazil calls it "Black Consciousness" day and not "Black History" day, is that today, we don't just reflect on our history but also who we are as a people. To be conscious is to be awake to the essence of who we are. We are creators of everything in existence in Ilê Aiye, the founders, the genesis.

As a great friend stated: "To be black is old, but to be conscious is new" ~J Carlos Salles

Ṣeun Ọlọrun awọn itoju ti wa itan ati asa

*************

Zumbi dos Palmares

Zumbi dos Palmares was born free in the Palmares region of Brazil in the year 1655, the last of the military leaders of the Quilombo (Kimbundu word: "kilombo," of the North Mbundu Bantu language in Angola, meaning "warrior village or settlement") of Palmares. The Quilombo dos Palmares were a free society (free born, maroons, or refugee slave), an old South American republic, which included the present day Brazilian coastal state of Alagoas, Brazil.

At approximately 6 years old, Zumbi was captured from the Palmares region by the Portuguese and given as a slave to a Portuguese priest, António Melo. Baptized Francisco, Zumbi was taught Latin, the Portuguese religion and language, and assigned to serve the Catholic mass. In 1670, at 15 years old, Zumbi escaped and returned to his birthplace where he soon became known as a Capoeira master in the roda (wheel or circle) of Palmares' practitioners of this African martial art. By his early twenties, he became a respected military strategist.

Before King Ganga Zumba's death, Zumbi commanded the leadership of the independent Quilombos dos Palmares, becoming the commander-in-chief of its resistance. Fifteen years after Zumbi assumed military leadership of Palmares, Portuguese colonial military commanders from the São Paulo region -- Domingos Jorge Velho and Bernardo Vieira de Melo -- mounted a military assault against Palmares. By 1680, Zumbi of Palmares reigned against the Portuguese.

Zumbi eluded the Portuguese and continued the Quilombo resistance. Commentators have written that he was betrayed by a captured Quilombo who led the Portuguese of São Paulo (Paulistas) to Zumbi's hideout. In any case, led by Domingos Jorge Velho and Vieira de Mello, on February 6, 1694, after 67 years military conflict with Palmares, the Portuguese eventually destroyed the Palmares compound Cerca do Macaco ("monkey enclosure"). While the Quilombo remained in the Palmares region, Zumbi was captured and killed on November 20, 1695. His head is said to have been shipped to Recife, Brazil where it was displayed in the central praça as proof that Zumbi was not immortal and as a warning to other African resistance fighters.

02/23/2018

https://www.cheatsheet.com/culture/alabama-poverty-un.html/

U.N. officials weren't prepared for what they found in Alabama, where they said they found the worst poverty in the developed world.

02/14/2018

We must overcome Racial Inequality in Florida’s Judicial System Now !
SM

Our LEGAL SERVICES CLIENTS COUNCIL S M INC has been set up 7/13/2015
We do not render legal advice.
Our services are to support citizens who exercise our rights under the United States Constitution if our own free will, The LEGAL SERVICES CLIENTS COUNCIL S M INC principal adress is 2404 MONTE CARLO TRAIL, CORPORATE OFFICE SUITE, ORLANDO, 32854. Meanwhile you can send your letters to 2404 MONTE CARLO TRAIL, CORPORATE OFFICE SUITE, ORLANDO, FL, 32854. The company`s registered agent is ADAMS TIM L 2404 MONTE CARLO TRAIL, ORLANDO, FL, 32805. The company`s management are President, , Secretary - Adams Tim L, Vice President, , Treasurer - Adams V. R, Vice President