Current through Register Vol. 56, No. 18, September 16, 2024
(a) The provisions of this subchapter shall apply
to any home or agency that provides or arranges transportation for children:
1. To or from their homes or other prearranged
sites and the home; or
2. In connection
with an activity (such as a field trip) conducted by or through the auspices of the
home or agency.
(b) Any home,
person or agency, as defined in (a) above, also shall comply with applicable
provisions of New Jersey Motor Vehicle Commission law, pursuant to
39:1-1 et seq. and rules promulgated
thereunder, as specified in N.J.A.C. 13.
(c) The home or agency may authorize staff members
to utilize their own private passenger vehicles to transport children from the home,
to and from scheduled field trips or to transport children from the home 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 nine 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;
3. The vehicle has a valid motor vehicle
inspection sticker issued by the MVC;
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;
5. The home maintains
transportation records on every vehicle utilized for the above, as specified in
3A:56-8.4; and
6. The home or agency
ensures that the staff members apply the safety practices, as specified in
3A:56-8.1(d) and (e).
(d) The
home or agency shall ensure that all vehicles used to transport children:
1. Are maintained in clean and safe
condition;
2. Have a maximum seating
capacity that does not exceed the number of seat belts;
3. Have seats and back rests securely
fastened;
4. Have all seats that are
facing sideways or backwards bolted down;
5. Have seats upholstered with springs or foam
rubber;
6. Have an operable heater
capable of maintaining a temperature of 50 degrees Fahrenheit; and
7. Are equipped with:
i. A triangular portable red reflector device that
is fastened to the vehicle structure if located in the passenger
compartment;
ii. All weather radial or
snow tires from November 15 through April 1 (for New Jersey-based homes only);
and
iii. A removable, moisture-free and
dust-proof first-aid kit, which shall be located in the vehicle and fastened to the
vehicle structure if located in the passenger compartment.
(e) The home or agency shall ensure
that the following safety practices are followed:
1. A staff person is always present when an
adolescent, child or infant is in the vehicle;
2. All passengers who are eight years of age and
older or weigh 80 pounds or more are secured in an operable seat belt or car seat
while the vehicle is in motion;
3. All
passengers, who are under eight years of age and weigh less than 80 pounds are
secured in car seats (child passenger restraint systems) that meet Federal motor
vehicle safety standards in accordance with provisions of the New Jersey Motor
Vehicles Law, pursuant to N.J.S.A. 39:3-76
.2a;
4. All adolescents,
children and infants enter and exit from the curbside of the vehicle;
5. Children are not permitted to ride in the backs
or beds of trucks; and
6. Children and
staff members are not permitted to smoke tobacco products or use smokeless tobacco
in the vehicle.
(f) When
transporting more than six children below six years of age the home or agency 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 home shall ensure that one adult in addition
to the driver remains in the vehicle.
(h) The home or agency shall maintain
transportation records, as specified in 3A:56-8.4.
(i) If the home utilizes a Type I School Bus, Type
II School Bus or a Type S School Vehicle, the home shall:
1. Meet all appropriate Motor Vehicle Commission
(MVC) rules, Department of Education rules and/or Department of Children and
Families rules; and
2. Ensure that the
drivers of such 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 home shall limit travel in program vehicles including cars, vans and wagon
trains by:
1. Scheduling at least one full day of
rest after every four days of travel;
2.
Ensuring that no staff member drives for more than four hours without a 30-minute
break; and
3. Prohibiting driving
between 11:00 P.M. and 6:00 A.M., unless it is necessary to complete an emergency
evacuation.
