Current through Vol. 42, No. 1, September 16, 2024
(a)
Driver qualifications. All
drivers must:
(1) be at least 21 years of
age;
(2) have an operator's license
for the specific vehicle type andvalid in the driver's state of
residence;
(3) have no conviction
of driving under the influence of alcohol or drugs or other impaired driving
offense within the last five years; and
(4) when driving a vehicle designed to
transport ten or more passengers, complete training specific to the vehicle's
safe operation within three months of providing child transportation.
(b)
Written
permission. The primary caregiver maintains written transportation
permission from the parent or guardian.
(c)
Verifications. The vehicle
is covered by liability insurance.
(d)
Records. The driver is
provided the names of children being transported and a method to contact
children's parents or guardians in case of an emergency.
(e)
Passenger restraints and
seating. Children remain properly secured in a child passenger restraint
system, such as car or booster seat or individual seat belt, per Section
11-1112 of Title 47 of the
Oklahoma Statutes (47 O.S. § 11-1112). Children do not share a seat belt.
(1) The car and booster seats are:
(A) federally approved;
(B) installed, per manufacturer's
instructions;
(C) appropriate to
the child's height, weight, and physical condition, per manufacturer's
instructions; and
(D) properly
maintained, such as not expired or previously involved in a vehicle
accident.
(2) Each seat
belt:
(A) is properly anchored to the
vehicle; and
(B) fits the child
appropriately.
(3)
Children 12 years of age 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 when 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.
(4) Adult passengers, including the driver,
remain properly secured in an individual seat belt unless unable due to medical
reasons documented by a licensed physician.
(5) Vehicle maximum capacity and seating
space, per manufacturer's designations, is not exceeded.
(6) Children are not transported in vehicles
or parts of vehicles not designed for transporting individuals, such as truck
beds, campers, and trailers.
(f)
Vehicle requirements. All
vehicles used to transport children are maintained in a safe operating
condition and meet all applicable state laws. Vehicles have:
(1) door locks. Vehicle door locks are
activated when the vehicle is moving;
(2) a first aid kit, per Oklahoma
Administrative Code (OAC)340:110-3-86.1(k);
and
(3) an operable heater
maintaining an interior temperature of at least 65 degrees Fahrenheit;
and
(4) a ventilation system, such
as air conditioning or operable windows.
(g)
Supervision and safety.
Supervision and safety requirements are met.
(1) Children are never left
unattended.
(2) Before leaving the
vehicle, the caregiver conducts vehicle inspections to ensure no children are
remaining.
(3) An operable phone is
in each vehicle transporting children.
(4) While transporting children, drivers do
not use a phone or wireless communication device, including hands-free
technology:
(A) when the vehicle is in motion,
with the exception of a navigational system or global positioning system
device; and
(B) unless emergency
communication is necessary and the vehicle is secured in park before devices
are used.
(5) Tobacco or
simulated tobacco use is prohibited while transporting children.
(6) Safe conduct to and from vehicles and
safe off-street loading space is provided to protect children from:
(A) backing vehicles;
(B) being between vehicles; and
(C) traffic hazards.
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
