Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) All school buses, school pupil activity
buses, youth buses, and child care vehicles subject to this chapter shall be
equipped with an operational child safety alert system meeting the requirements
of this section.
(b) The child
safety alert system shall be automatically activated within the first three
minutes of vehicle movement or prior to the time the vehicle reaches a speed of
10 miles per hour, whichever occurs first. Once activated, the child safety
alert system shall require the driver to manually contact or scan the device
prior to exiting the vehicle. The vehicle shall not be equipped with any method
to deactivate the device except as provided within this section.
(c) Following activation of the child safety
alert system as required by subsection (b), within three minutes of the time
the vehicle is stopped, the parking brakes are applied, the ignition is in the
off position, and all floor-level doors are closed, the child safety alert
system shall cause a tone or flashing light, or both, to be emitted from the
vehicle. The tone or flashing light shall be audible or visible at least 50
feet from the vehicle with all doors and windows in the closed and locked
position. Notwithstanding any permitted time delay, an activated child safety
alert system shall immediately cause the required audible or visible warning,
or both, to be emitted when any floor-level door is opened. The device shall
cause continuous emission of the required audible or visible warning, or both,
for not less than 30 continuous minutes. The driver's manual contact with, or
scanning of the device, shall deactivate the device and cause the audible and
visible warning to cease. Once active, the device shall not be deactivated
under any circumstance or by any method except as provided within this section,
prior to the driver exiting the vehicle.
(1)
The device may be connected to a flashing red light signal system required by
Section 25257 CVC, or other required or permitted device to preclude the
emission of warning tones or flashing lights while the driver is actively
engaged in loading, unloading, or escorting pupils as required by law. The
device shall remain activated as required by this section unless and until the
driver manually contacts or scans the device. Following manual contact or
scanning of the device, the device shall again be activated upon subsequent
movement of the vehicle.
(2) Child
safety alert systems may be designed in a manner which delays the audible or
visible warning for not more than three minutes from the time the vehicle is
stopped, the parking brakes are applied, the ignition is set to the off
position, and all floor-level doors are closed until the time the tone or
flashing lights, or both, begin to be emitted. The tone or flashing lights, or
both, shall cease upon manual contact or scanning of the device by the
driver.
(3) When the device is
configured with only flashing lights, the light shall be visible from any
location within the interior of the vehicle and for 360 degrees around the
exterior of the vehicle. Vehicle headlamps, tail lamps, or other required
exterior lighting devices may be used in fulfilling the exterior visibility
requirement. The vehicle horn required by Section 27000 CVC may be used to
fulfill the tone-emitting requirement.
(4) The child safety alert system shall be
designed so that when the device is activated, prior to the driver exiting the
vehicle, sufficient lighting is immediately provided within the interior of the
vehicle to facilitate a full and thorough inspection of the interior of the
vehicle, including, but not limited to, interior package-carrying areas, under
all seats, and throughout the driver compartment. The required interior
lighting shall remain illuminated for not less than one minute following
deactivation of the device and shall be extinguished automatically. Interior
lights required by Section
1217 of this chapter may be used
in fulfilling this requirement.
(A) When the
design of a vehicle precludes configuration of the device to ensure
illumination of the interior of the vehicle as required, the driver shall be
responsible to ensure sufficient illumination is provided. Any design
preclusion shall be certified by the vehicle manufacturer or an independent
engineer, in writing. A legible copy of the certification shall be carried on
the vehicle. The original certification shall be retained by the vehicle
operator or motor carrier for the duration of time the vehicle is in their
possession and transferred to the next operator upon sale or change of
possession of the vehicle. A legible copy or the original certification shall
be made available for inspection by any authorized employee of the department,
a parent, or guardian of a pupil transported on the vehicle, or any interested
member of the public.
(d) The child safety alert system shall be
permanently mounted at the rearmost portion of the interior of the vehicle in a
manner which ensures the device remains secure during all normal modes of
vehicle operation. The device and mounting shall be secure, resistant to
tampering, and of sufficient strength and durability to withstand normal and
anticipated movement of the vehicle without detriment to the device or mounting
integrity.
(e) A child safety alert
system shall be capable of operation under all reasonably anticipated
conditions of temperature, time, vehicle loading, or vehicle status. Any such
device may be powered by mechanical, electrical, or electro-mechanical means of
sufficient measure to ensure the device and all required warning tones and
lamps function as required and remain in operation for the duration required by
this section. The device may be connected to the vehicle electrical system for
power or functionality, but shall not require any item or element of design
required by the Federal Motor Vehicle Safety Standards, any requirement of law,
or any regulation to be disabled, removed, or rendered ineffective.
(f) Any malfunction of the child safety alert
system shall be documented and retained by the motor carrier or operator of the
vehicle for not less than two years. Documentation shall include a description
of the malfunction, any repairs or adjustments made to restore correct
functionality, and be made available for inspection upon request of any
authorized employee of the California Highway Patrol.
(1) A driver who encounters any device
malfunction shall immediately report the malfunction to the motor carrier or
operator of the vehicle. The report may be made initially via radio or other
electronic communication. When verbal or other electronic notification is made,
the driver shall also note the malfunction on the driver's vehicle condition
report required by Section
1215, or other document submitted
to the motor carrier or operator of the vehicle, to ensure proper
notification.
(g)
Definitions. For the purpose of the section, the following definitions apply.
(1) A "child safety alert system" is a device
located at the rearmost portion of the interior of a vehicle that requires the
driver to either manually contact or scan the device before exiting the
vehicle, thereby prompting the driver to inspect the entirety of the interior
of the vehicle before exiting. A child safety alert system is an electronic,
mechanical, or electro-mechanical device, which requires manual, electronic, or
a combination of manual and electronic contact. The term 'electronic contact'
means to swipe or scan as defined in (g)(3) of this section.
(2) Manual contact means the driver makes
physical contact with the device for the purpose of interacting with it. This
contact may take the form of pushing a button, entering a unique personal
identification code, or other means of ensuring the driver contacts the device
in a manner which is recognized by the device.
(3) Swipe or scan the device means the driver
interacts with the device by means of a card or other electronic or
electro-mechanical device, or the device conducts biometric identification of
an individual person in a manner which is recognized by the device. Swiping or
scanning the device must require the driver, card, or other device to be within
not more than six inches of the device and prohibits the use of any device
which permits deactivation of the device in any manner not permitted or
required by this section.
(4) Prior
to the driver exiting the vehicle means the vehicle is stopped, the parking
brakes are applied, the ignition is in the off position, all floor-level doors
are closed, and prior to the time the driver exits the vehicle by means of a
floor-level door. A driver loading or unloading pupils, or escorting pupils
pursuant to Section 22112 CVC, is not deemed to have exited the vehicle for the
purpose of this section.
(5)
Active, activate, or activated means the child safety alert system is armed and
will cause a tone or flashing light, or both, to be emitted from the vehicle
under the conditions and in the manner required by this section. Any device so
activated shall require the driver to manually contact or scan the device prior
to exiting the vehicle.
(6) Audible
or visible warning means the tone or flashing lights, or both, required by this
section.
(7) Flashing lights means
lighting devices which operate at a rate of 60 to 120 flashes per minute, with
a 40 to 60 percent on-time under all operating conditions.
(8) Tone means an audible sound which is
readily recognizable as a warning. The tone may be unvarying, variable, or
discontinuous sound which repeats at a rate lower than 90 cycles per minute.
The sound frequency, including any harmonics, shall be lower than 100 hz or
higher than 5,000 hz.
1. New
section filed 12-28-2017; operative 1-1-2018 pursuant to Government Code
section 11343.4(b)(3) (Register 2017, No. 52).
2. Amendment filed
4-22-2022; operative 7-1-2022 (Register 2022, No.
16).
Note: Authority cited: Section 28160, Vehicle Code.
Reference: Sections 28160 and 34506, Vehicle
Code.
