Current through Register Vol. 56, No. 24, December 18, 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.
