Current through Register Vol. 56, No. 18, September 16, 2024
(a) The provisions of this subchapter shall apply
to each facility that provides or arranges transportation for children:
1. To or from the facility or between other
prearranged sites and the facility; or
2. In connection with an activity (such as a field
trip) conducted by or under the auspices of the facility.
(b) Each facility as specified in (a) above shall
also comply with applicable provisions of the New Jersey Motor Vehicle Commission's
laws and rules, at N.J.S.A. 39:1-1
et seq. and Title 13 of the New Jersey Administrative Code.
(c) The facility may authorize staff members to
utilize their own private passenger vehicles to transport children from the facility
to and from scheduled field trips or to transport children from the facility to a
hospital, clinic, or office for medical treatment. However, staff members may be
authorized to do so only if:
1. The vehicle has a
capacity of eight or fewer persons;
2.
The driver possesses a valid automobile driver's license issued by the New Jersey
Motor Vehicle Commission, hereinafter referred to as the MVC, or a valid automobile
driver's license issued by an approved out-of-State motor vehicle agency for the
state in which the driver is a legal resident;
3. The vehicle has a valid motor vehicle
inspection sticker issued by the MVC or by an approved out-of-State motor vehicle
agency for the state in which the vehicle is legally registered;
4. The vehicle owner possesses liability insurance
at least at the minimum amounts required by the New Jersey State insurance law,
pursuant to N.J.S.A. 17:28-1.1a or at least the minimum amounts required by a state
other than New Jersey in which the car is legally registered;
5. The facility maintains transportation records
on every vehicle utilized for the above, as specified in 3A:55-8.4; and
6. The facility ensures that staff members apply
the safety practices specified in (d) and (e) below.
(d) The facility shall ensure that all vehicles
used to transport children:
1. Are maintained in
clean and safe condition;
2. Are free
from tobacco smoke and the use of smokeless tobacco while children are
passengers;
3. Have a maximum seating
capacity that does not exceed the number of seat belts (unless the vehicle is not
required by law to have seat belts);
4.
Have seats and back rests securely fastened;
5. Have all seats that are facing sideways or
backwards bolted down;
6. Have seats
upholstered with springs or foam rubber;
7. Have an operable heater capable of maintaining
a temperature of 50 degrees Fahrenheit; and
8. Are equipped with:
i. A triangular portable red reflector
device;
ii. All season radial or snow
tires from November 15 through April 1 (for New Jersey-based facilities only);
and
iii. A removable, moisture-proof and
dust-proof first-aid kit, which shall be located in the vehicle.
(e) The facility shall
ensure that the following safety practices are followed:
1. A staff member is always present when an
adolescent, child or infant is in the vehicle;
2. Child passenger restraint systems and booster
seats are utilized as required by N.J.S.A.
39:3-76.2a;
3. Seat belts are used as required by
N.J.S.A. 39:3-76.2e et
seq.;
4. All adolescents, children and
infants are loaded and unloaded from the curbside of the vehicle; and
5. Children are not permitted to ride in the back
or beds of trucks.
(f) When
transporting more than six children below six years of age, the facility shall
ensure that one adult in addition to the driver remains in the vehicle.
(g) When transporting more than four infants
without their adolescent mothers, the facility shall ensure that one adult in
addition to the driver remains in the vehicle.
(h) The facility shall maintain transportation
records, as specified in 3A:55-8.4.
(i)
If the facility utilizes a Type I School Bus, Type II School Bus, or a Type II
School Vehicle, the facility shall:
1. Meet all
applicable rules of the MVC, New Jersey Department of Education, and New Jersey
Department of Children and Families; and
2. Ensure that the drivers of the vehicles possess
a valid Commercial Driver License (CDL) in at least Class B or Class C, with
passenger endorsement, as required by the MVC for the gross vehicle weight rating
(GVWR) of the vehicle, or an out-of-State equivalent license, as approved by the
MVC.
(j) The facility shall
limit travel for an adventure activity in program vehicles including cars, vans and
wagon trains by:
1. Scheduling at least one full
day of rest after every five days of travel;
2. Ensuring that no staff member drives for more
than four hours without a 30-minute break; and
3. Prohibiting scheduled driving between 11:00
P.M. and 6:00 A.M., unless it is necessary to complete an emergency
evacuation.
