SECTION 340:110-3-154.5. Transportation

(a)   Vehicle requirements. Residential child care facilities comply with the vehicle requirements described in (1) - (5) of this subsection. A vehicle used to transport residents:

(1)   conforms to all applicable state motor vehicle laws and regulations;

(2)   is maintained in a safe operating condition;

(3)   has written documentation of regular maintenance of all facility vehicles to include quarterly inspection of tire wear and pressure, brakes, lights, and functioning seat belts;

(4)   has door locks. The driver is responsible for keeping the doors locked when the vehicle is moving; and

(5)   has an operable heater that is capable of maintaining a temperature of 65 degrees Fahrenheit in the vehicle, and a ventilation system.

(b)   Driver requirements. Facilities comply with driver requirements described in (1) and (2) of this subsection. Program staff that drive a vehicle used to transport residents:

(1)   are 21 years of age or older;

(2)   possess a valid driver's license appropriate for the type of vehicle driven;

(3)   do not transport more passengers than the manufacturer's designated capacity for the vehicle;

(4)   have no conviction within the last three years of driving under the influence of alcohol, drugs, or other impaired driving offense; and

(5)   designed to transport 10 or more passengers, complete training specific to the safe operation of that type of vehicle within three months of transporting residents.

(c)   Safety practices. Facilities comply with the safety practices described in this subsection.

(1)   The interior of each vehicle is maintained in a clean, safe condition with clear passage to operable doors.

(2)   Residents who are transported are properly secured in a child passenger restraint system or individual seat belt. The facility has policies to ensure the safety of residents involved in farm and ranch work. Buses with a capacity of ten or more passengers that meet state and federal requirements for school buses are exempt from this requirement.

(A)   Children are transported in compliance with applicable state law. [47 O.S. § 11-1112]

(B)   The child passenger restraint system is:

(i)   federally approved;

(ii)   installed according to the manufacturer's instructions;

(iii)   appropriate to the height, weight, and physical condition of the child, according to the manufacturer's instructions; and

(iv)   properly maintained.

(3)   Each seat belt is properly anchored to the vehicle and fits snugly across the child's hips or securely anchors car seats.

(4)   In accordance with state law, 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 individual is unable to use a seat belt for medical reasons.

(5)   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 OKDHS approved child passenger safety course. Information from the training is shared with all other staff that transport children. After May 2007, any staff used to meet this requirement have 60 days to obtain this training.

(6)   Vehicles containing residents younger than age 12 are never left without adult supervision.

(7)   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 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.

(8)   A first aid kit is available in the vehicle at all times.

(9)   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.

(d)   Transportation records. Facilities maintain transportation records.

(1)   The facility maintains on file the name of each driver who transports residents and a copy of the valid driver license for that person.

(2)   In accordance with state law, insurance verification is kept in the vehicle used to transport residents.

(e)   Insurance. If the facility's transportation services are provided by a private individual, a firm under contract, or by another arrangement, the facility maintains on file a copy of the individual's or firm's insurance coverage.

(f)   Emergency planning. The facility has a plan for transporting residents in case of emergency.

[Source: Added at 18 Ok Reg 3331, eff 10-1-01 (emergency); Added at 19 Ok Reg 1171, eff 5-13-02; Amended at 22 Ok Reg 28, eff 10-1-04 (emergency); Amended at 22 Ok Reg 921, eff 5-12-05; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 26 Ok Reg 2239, eff 7-1-09]