Current through Vol. 42, No. 1, September 16, 2024
(a)
Vehicle requirements.
Residential child care facilities comply with the vehicle requirements
described in (1) - (5) of this subsection. A vehicle used to transport
residents:
(1) conforms to all applicable
state motor vehicle laws and regulations;
(2) is maintained in a safe operating
condition;
(3) has written
documentation of regular maintenance of all facility vehicles to include
quarterly inspection of tire wear and pressure, brakes, lights, and functioning
seat belts;
(4) has door locks. The
driver is responsible for keeping the doors locked when the vehicle is moving;
and
(5) has an operable heater that
is capable of maintaining a temperature of 65 degrees Fahrenheit in the
vehicle, and a ventilation system.
(b)
Driver requirements.
Facilities comply with driver requirements described in (1) and (2) of this
subsection. Program staff that drive a vehicle used to transport residents:
(1) are 21 years of age or older;
(2) possess a valid driver's license
appropriate for the type of vehicle driven;
(3) do not transport more passengers than the
manufacturer's designated capacity for the vehicle;
(4) have no conviction within the last three
years of driving under the influence of alcohol, drugs, or other impaired
driving offense; and
(5) designed
to transport 10 or more passengers, complete training specific to the safe
operation of that type of vehicle within three months of transporting
residents.
(c)
Safety practices. Facilities comply with the safety practices
described in this subsection.
(1) The
interior of each vehicle is maintained in a clean, safe condition with clear
passage to operable doors.
(2)
Residents who are transported are properly secured in a child passenger
restraint system or individual seat belt. The facility has policies to ensure
the safety of residents involved in farm and ranch work. Buses with a capacity
of ten or more passengers that meet state and federal requirements for school
buses are exempt from this requirement.
(A)
Children are transported in compliance with applicable state law. [47 O.S.
§
11-1112
]
(B) The child passenger restraint
system is:
(i) federally approved;
(ii) installed according to the
manufacturer's instructions;
(iii)
appropriate to the height, weight, and physical condition of the child,
according to the manufacturer's instructions; and
(iv) properly maintained.
(3) Each seat belt is
properly anchored to the vehicle and fits snugly across the child's hips or
securely anchors car seats.
(4) In
accordance with state law, all adult passengers, except those in a full-size
school bus, and the driver are properly secured by individual seat belts unless
the driver or passenger has written verification from a doctor licensed in
Oklahoma that the individual is unable to use a seat belt for medical
reasons.
(5) Effective June 2007,
programs providing transportation for children younger than six years of age
must have one staff person with current documentation of training in an OKDHS
approved child passenger safety course. Information from the training is shared
with all other staff that transport children. After May 2007, any staff used to
meet this requirement have 60 days to obtain this training.
(6) Vehicles containing residents younger
than age 12 are never left without adult supervision.
(7) Children age 12 years 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 if the
vehicle has airbags equipped with weight sensitive devices. If a child 12 years
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.
(8) A first aid kit
is available in the vehicle at all times.
(9) Safe conduct to and from all vehicles and
safe off-street loading space is provided to protect children from:
(A) backing vehicles;
(B) being between vehicles; and
(C) all traffic hazards.
(d)
Transportation
records. Facilities maintain transportation records.
(1) The facility maintains on file the name
of each driver who transports residents and a copy of the valid driver license
for that person.
(2) In accordance
with state law, insurance verification is kept in the vehicle used to transport
residents.
(e)
Insurance. If the facility's transportation services are provided
by a private individual, a firm under contract, or by another arrangement, the
facility maintains on file a copy of the individual's or firm's insurance
coverage.
(f)
Emergency
planning. The facility has a plan for transporting residents in case of
emergency.
Added at 18 Ok Reg
3331, eff 10-1-01 (emergency); Added at 19 Ok Reg 1171, eff 5-13-02; 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 26 Ok Reg 2239, eff
7-1-09
