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Debating the merits of mandatory seat belts on school buses

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On the morning of March 12, an Indianapolis school bus crashed into a stone bridge abutment, killing the bus driver and a 5-year-old passenger, and injuring several students. Almost immediately, in online forums and on news websites, readers began posting comments, wondering why the law does not require seat belts on school buses and whether seat belts would have made a difference in that crash.

Federal and state law does not require seat belts in school buses over 10,000 pounds. But since October 2009, federal law has required lap and shoulder restraints in new buses under 10,000 pounds – small vehicles made for 10 to 14 students.

The National Highway Traffic Safety Administration reports that in larger buses, the spacing and height of the seats offer crash protection for children through “compartmentalization.” But opinions remain divided about whether compartmentalization does enough to protect students and whether school bus seat belts should be required by law.

Federal regulation

A change in federal law since 2009 has required seat backs on buses to be 24 inches high, as opposed to the

previous standard 20 inches. That added height may offer additional protection for students in specific types of crashes by preventing children from being propelled over a seat.

Church Church Hittle & Antrim attorney Andrew Manna said the school corporation clients he contacted said they are not required to retrofit older buses to have 24-inch-high seat backs. And Dr. Marilyn Bull, co-medical director of the Automotive Safety Program at Riley Hospital for Children said buses are simply not built for easy retrofitting.

“The average life span of a bus is 10 to 15 years, so you can’t buy a new bus, but you can’t retire those buses with low seat backs,” she said.

In 2006, Pediatrics, the official journal of the American Academy of Pediatrics, featured a report by Bull and several colleagues that examined the epidemiology of non-fatal school bus-related injuries. It was the first, and most recent, report to study non-fatal school bus injuries.

Bull said that compartmentalization assumes that children always sit facing forward, with their feet on their floor and hands on their laps – an unrealistic scenario on most buses. Furthermore, while compartmentalization may prevent injuries in front- or rear-impact collisions, it offers limited protection in other crashes.

“Compartmentalization is recognized to be incomplete protection for side impact or rollover crashes,” Bull said. Crash tests have shown that three-point restraints – combined lap and shoulder seat belts – are much safer than compartmentalization or lap belts, she said.

Laws slow to change
 

tom wyss Wyss

Sen. Tom Wyss, R-Fort Wayne, chair of the Senate Homeland Security, Transportation and Veterans Affairs Committee, said that the buzz about the need for seat belt laws tends to arise whenever children are injured or killed in a school bus crash.

“Over the years, there’s been a lot of attention that has come up from different situations, and what has always happened is there’s always been resistance by the school corporations on mandating that this be done because of the vast cost that there would be in putting these in,” Wyss said.

And budgetary concerns are not unique to Indiana.

In Ashburn, Va., the Loudoun County School Board this year was considering no longer buying buses with safety belts in order to save money – about $10,000 per each new bus purchase. And Thomas Reed, an at-large Loudoun County school board member, said students simply weren’t using the safety belts.

“At the time that we did it, we expected that we would get compliance from students, and at the time, we expected that we would be in compliance with the federal government,” Reed said.

But the anticipated change in federal law – one that would mandate seat belts on all school buses – never came.

Wyss explained that people may be slow to warm up to ideas that require some significant effort to implement. As an example, he talked about legislation he authored in 2004 that requires children under age 1 to be in a rear-facing car seat and requires children up to age 8 to use a booster seat.

“We never used to think about putting kids in booster seats until we did that legislation, and I still think that’s one of the best things I was ever involved in,” he said. “But we had signs (at the Statehouse) in protest of what I was doing.”

He said he was surprised when parents complained to him about the cost and inconvenience of having to put multiple children in booster seats or about having to transfer booster seats between family cars, depending on who was transporting children.

“The point was not how inconvenient it was for people to do this for their kids, the point is saving their kids’ lives,” he said.

seatbeltfacts
Public policy

Ron Chew, president of the Indiana State School Bus Drivers Association, said that the organization does not support seat belts on school buses. He said one of the concerns about seat belts is that they may ultimately put children at greater risk in certain situations.

If a school bus were to overturn, he said, rescue might be more difficult if the children are buckled-in.

“There is also the possibility of a fire on the bus, and if the students were in an upside-down position, this would really slow the evacuation process tremendously,” he said. “Also, who is going to monitor the students to make sure they have fastened their belts?”

Bull is familiar with these concerns.

“In terms of egress during emergency, all children over the age of 5 know how to unbuckle their seat belt. Unfortunately, they do it too frequently,” she said. “Evacuating the bus during a fire is a concern always, and it’s something that is practiced twice a year by bus drivers.”

Bull said she’s heard arguments that children will use seat belts as weapons against each other, or that they simply won’t use them – but those issues should be addressed by outreach and education.

“With or without belts, behavior on buses needs to be a component, not only for the child, but for the parents,” she said.

Bull said that children who grow up riding in booster seats, being taught to fasten their seat belts and sit properly in family vehicles may be receiving inconsistent and confusing messages when they ride to school in buses that have no seat belts.

“One of my partners said her 5-year-old came home and asked, ‘How come only the driver gets a seat belt?’” Bull said.

Statistics

The NHTSA reports that school buses are one of the safest modes of transportation. Bull and Chew agree. But many of the statistics that support the safety of school bus travel look only at the number of school bus fatalities – not injuries – and school bus crash data is flawed for several reasons.

Many national crash datasets cannot adequately be compared, due to lack of consistency in terminology. Furthermore, Bull and her colleagues reported in their research that the Transportation Research Board – which at the time estimated the number of annual school bus related injuries to be 5,500 – accounted only for injuries that occurred between 6 a.m. and 8:59 a.m., and between 2 p.m. and 4:59 p.m., Monday through Friday, from Sept. 1 to mid-June. The research that Bull’s team conducted included injuries that occurred during any month of the year, concluding that the actual number of school bus injuries was about three times what the TRB reported.

Wyss remembers when he introduced legislation that ultimately lowered Indiana’s legal blood alcohol limit to 0.08, drunk-driving fatality statistics tended to persuade people of the value of such legislation. But without understanding the number of injuries, or their severity, people may be unaware of the extent to which crashes can ruin lives.

“People never really understand what ‘injured’ could be,” Wyss said.

Injuries in bus crashes vary by age, with children under age 9 more likely to sustain head injuries during a crash, Bull explained, and older students more likely to sustain injuries to their extremities – some of which are minor.

“We all recognize that for vehicle miles traveled, school buses are the safest vehicles on the road, but if you’re paraplegic or brain-damaged, it’s not minor,” she said.

Wyss anticipates that lawmakers will encounter some public pressure to take a closer look at the seat belt issue in the next legislative session.

“If parents demanded it – you’d have to find a way to do it,” he said.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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