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340:110-3-29. Transportation
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Revised 6-1-06
(a) Center responsibility. When transportation, including field trips, is provided by paid staff or volunteers, all requirements regarding transportation are met.
- (1) The vehicle and operator of a vehicle used to transport children are in compliance with all applicable state laws.
- (2) Written permission from parents or guardian for transportation of their child is on file at the center.
- (3) Parents receive prior notification of each field trip. Written parental permission is only required for participation in swimming and other potentially dangerous activities, in accordance with OAC 340:110-3-25.2(c)(5).
- (4) Supervision of the children begins at the designated pick-up time.
- (5) The driver is responsible for leaving the child only with the person or school designated by the parent. Written instructions and approval from the parent for such a plan is required.
- (6) Effective June 2007, programs providing transportation for children younger than six years of age must have one staff person with current documentation of training in an Oklahoma Department of Human Services (OKDHS) approved child passenger safety course.
- (A) Information from the training is shared with all other staff who transport children.
- (B) After May 2007, any staff used to meet this requirement has 60 days to obtain this training.
(b) Driver qualifications. All drivers, including volunteers, must:
- (1) be at least 21 years old;
- (2) have an operator's license of the type appropriate for the vehicle that is valid in the driver's state of residence;
- (3) have no conviction within the last three years of driving under the influence of alcohol or drugs or other impaired driving offense; and
- (4) if driving a vehicle designed to transport ten or more passengers, complete training specific to the safe operation of that type of vehicle within three months of providing transportation to children.
(c) Staff-child ratios.
- (1) When transporting children younger than four years of age, proper staff-child ratios are maintained without counting the driver. Centers with only one staff person, or who transport one or two children, may provide transportation locally without a second staff person.
- (2) For children four years old and older, the driver may be counted toward meeting the staff-child ratio.
(d) Safety procedures.
- (1) A schedule showing accurate route and itinerary is planned and kept at the center to show approximately where the vehicle is at all times. If the vehicle is equipped with a mobile communication system, route information is not required.
- (2) The driver is provided with:
- (A) a copy of the scheduled route;
- (B) the name, address, and telephone number of the child care center;
- (C) names of children being transported; and
- (D) a method to contact the children's parents in case of an emergency.
- (3) Safe conduct to and from all vehicles and safe off-street loading space is provided to protect children from:
- (A) backing vehicles;
- (B) being between vehicles; and
- (C) all traffic hazards.
- (4) Attendance is checked each time children board and exit the vehicle.
- (5) Children are not permitted to ride more than 60 minutes one way. Exceptions for a special field trip may be allowed, but these exceptions are infrequent, and allowance is made for rest and stretch stops during the trip.
- (6) Children remain seated while the vehicle is in motion, and no part of a child's body extends from windows.
- (7) Vehicles containing children are never left unattended.
- (8) Use of tobacco products is prohibited while children are transported.
(e) Passenger restraints. Children transported are properly secured in a child passenger restraint system (car seat) or individual seat belt. Buses with a capacity of ten or more passengers that meet state and federal requirements for school buses are exempt from this requirement.
- (1) Children are transported in compliance with applicable state law, per Section 11-1112 of Title 47 of the Oklahoma Statutes.
- (2) The car seat is:
- (A) federally approved;
- (B) installed according to the manufacturer's instructions;
- (C) appropriate to the height, weight, and physical condition of the child, according to the manufacturer's instructions; and
- (D) properly maintained.
- (3) Each seat belt:
- (A) is properly anchored to the vehicle; and
- (B) fits snugly across the child's hips or securely anchors the car seat.
- (4) All adult passengers, except those in a full-size school bus, and the driver are properly secured by individual seat belts unless the driver or passenger has written verification from a doctor licensed in Oklahoma that the person is unable to use a seat belt for medical reasons.
- (5) Children 12 years of age and younger are prohibited from sitting in the front seat of an airbag equipped passenger vehicle unless an airbag cut off switch is installed and activated or the vehicle has airbags equipped with weight sensitive devices. If a child 12 years of age or younger must be placed in front of an air bag because all other positions are taken, it must be a child whose age and weight requires a forward facing harness seat.
(f) Vehicle requirements. Any vehicle used to transport children complies with the requirements listed in this subsection.
- (1) The vehicle's maximum seating capacity is not exceeded. Maximum seating capacity of the vehicle is based on the manufacturer's designated seating capacity for children or on a minimum of 13 inches of seating space per child.
- (2) All passengers are able to sit comfortably in a stationary padded seat with a back that is properly anchored to the vehicle.
- (3) Vehicles used to transport children are maintained in a clean, safe, operating condition, free of hazardous objects or other nonessential items that could injure children.
- (4) Children are not transported in vehicles or parts of vehicles that were not designed for the purpose of transporting people, such as truck beds, campers, and trailers.
- (5) When transporting children, vehicles, with the exception of public transportation, are visibly marked with the name and telephone number of the facility or sponsoring organization.
- (6) Each vehicle operated by a center for transportation of children has door locks. The driver is responsible for keeping the doors locked when the vehicle is moving.
- (7) The transporting vehicle is covered by medical and liability insurance as required by Oklahoma laws.
- (8) A vehicle used to transport children has an operable heater that is capable of maintaining a temperature of 65 degrees Fahrenheit in the vehicle, and a ventilation system.
- (9) A first aid kit described in OAC 340:110-3-27(h) is available in the vehicle at all times.
- (10) Written documentation is kept of regular maintenance of all facility vehicles to include quarterly inspection of tire wear and pressure, brakes, lights, and functioning seat belts.
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