(a) Program responsibility. When transportation, including field trips, is provided by paid staff or volunteers, all requirements regarding transportation are met.
- (1) The part-day children's program (program) ensures that the vehicle and operator of a vehicle used to transport children are in compliance with all applicable state laws.
- (2) The program maintains on file written permission from parents or guardian for transportation of their child.
- (3) Parents are provided 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 340:110-3-49.
- (4) The program is responsible for supervision of the children beginning at the designated pick-up time.
- (5) The driver is responsible for leaving the child only at the designated drop-off point or with the person designated by the parent. The program obtains written instructions and approval from the parent for such a plan.
- (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. Local transportation may be provided for children without a second staff person when:
- (A) the program has only one staff person;
- (B) only one or two children are transported; or
- (C) no more than four children, who are at least two years of age, are transported.
- (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 program to show approximately where the vehicle is at all times.
- (2) The driver is provided with:
- (A) a copy of the scheduled route;
- (B) the name, address, and telephone number of the program;
- (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 the 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 may not ride more than 60 minutes one way except for field trips.
- (6) Children remain seated while the vehicle is in motion, and no part of a child's body may extend 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 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 age 12 years 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 if 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. All vehicles used to transport children meet the requirements contained in this subsection.
- (1) The vehicle is not used to transport children in excess of the maximum seating capacity. 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 if thrown about as a result of a collision.
- (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) Each vehicle has door locks. Doors are kept locked when the vehicle is moving.
- (6) The transporting vehicle is covered by medical and liability insurance as required by Oklahoma laws.
- (7) A first aid kit as described in OAC 340:110-3-49.3(h) is available in the vehicle at all times.
- (8) Vehicles owned by the program:
- (A) are visibly marked with the name and telephone number of the facility or sponsoring organization; and
- (B) have an operable heater, capable of maintaining a temperature of 65 degrees Fahrenheit in the vehicle, and a ventilation system.
- (9) 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.