SECTION 340:110-3-87. Transportation

(a)   Driver qualifications. All drivers 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.

(b)   Written permission. The primary caregiver maintains on file written permission from the parent or guardian to transport children.

(c)   Verifications. The vehicle is covered by liability insurance.

(d)   Records. The driver is provided the names of the children being transported and a method to contact the children's parents or guardians in case of an emergency.

(e)   Passenger restraints. Children transported are properly secured in a child passenger restraint system (car seat) or individual seat belt, in compliance with applicable state law, per Section 11-1112 of Title 47 of Oklahoma Statutes.

(1)   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.

(2)   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.

(3)   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 have:

(1)   door locks. Doors are kept locked when the vehicle is moving;

(2)   a first aid kit as described in OAC 340:110-3-86(d)(4); and

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

(g)   Supervision and safety.

(1)   Children are never left unattended.

(2)   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.

[Source: Amended at 10 Ok Reg 107, eff 10-13-92 (emergency); Amended at 10 Ok Reg 2287, eff 6-11-93; Amended at 17 Ok Reg 1607, eff 5-25-00; 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 25 Ok Reg 22, eff 10-1-07 (emergency); Amended at 25 Ok Reg 1962, eff 7-1-08]