Current through August 26, 2024
(1) APPLICABILITY. This section applies to
transportation of residents by any of the following:
(a) Center-owned or leased
vehicles.
(b) Vehicles driven by
volunteers, student interns or center staff.
(c) Center-contracted
transportation.
(2)
SCHOOL BUSES. A school bus, as defined in s.
340.01(56),
Stats., that is used to transport residents shall be in compliance with ch.
Trans 300.
(3) DRIVER INFORMATION.
(a) When a center provides transportation,
the name of each driver, type of license held and the date of expiration of the
license shall be on file at the center.
(b) When a center contracts for
transportation services, the center shall have on file the name, address and
telephone number of the contracting firm and the name and home telephone number
of a representative of the firm.
(4) DRIVER QUALIFICATIONS.
(a) The driver of a center-operated or
center-contracted vehicle shall hold a current valid operator's license for the
type of vehicle being driven, be at least 18 years of age and have one year of
experience as a licensed driver.
(b) A center shall obtain and keep on file
before initial service and annually thereafter a copy of each center driver's
driving record.
(c) Before a driver
may transport residents, the center shall check the driver's driving record for
any reckless driving safety violation under s.
346.62, Stats.,
and for operation of a motor vehicle under the influence of an intoxicant or
other drug under s.
346.63,
Stats. A driver having a driving record with any of these violations in the
last 12 months may not transport residents.
Note: For a copy of a driver's driving record, contact the
Bureau of Driver Services, Department of Transportation, P.O. Box 7918,
Madison, Wisconsin 53707.
(5) VEHICLE CAPACITY AND SUPERVISION.
(a) A center shall provide one adult
supervisor in a vehicle in addition to the driver in either of the following
circumstances:
1. When transporting more than
2 residents unable to take independent action and having limited ability to
respond to an emergency.
2. When
transporting a resident with a recent history of physically aggressive or
acting out behavior.
(b)
A center vehicle may only carry as many passengers as the vehicle is rated for
by the manufacturer.
(6)
VEHICLE.
(a)
Operation. A
vehicle used to transport residents shall meet all of the following conditions:
1. Be in safe operating condition and carry
vehicle liability insurance with minimums no less than those provided in s.
121.53(1),
Stats. Once a year for a vehicle 2 years of age or older, the licensee shall
place on file evidence of the vehicle's safe operating condition on a form
provided by the department.
Note: Form number CFS52, Vehicle Safety Inspection, is
available in the forms section of the department website at
http://dcf.wisconsin.govor by
writing or calling any field office listed in Appendix D.
2. Be registered in Wisconsin.
3. Carry emergency information such as local
police and ambulance service phone numbers and phone numbers of center
personnel to notify in case of accident.
4. Be clean, uncluttered and free of
obstructions on the floors, aisles and seats.
5. Be enclosed.
6. Have a Red Cross-approved first aid kit.
(am)
Child
safety seats. No licensee or person acting on behalf of a licensee may
transport any resident under the age of 8 years or less than 80 pounds in
weight in any private motor vehicle unless the following conditions are met, as
required in s.
347.48(4),
Stats.:
1. Each resident who is less than one
year old or who weighs less than 20 pounds being transported in a vehicle shall
be properly seated and restrained in a rear-facing individual child car safety
seat in the back seat of the vehicle.
2. Each resident who is at least one year old
but less than 4 years old or who weighs at least 20 pounds but less than 40
pounds shall be properly restrained in a forward-facing individual child car
safety seat in the back seat of the vehicle.
3. Each resident who is at least 4 years old
but less than 8 years old, who weighs at least 40 pounds but not more than 80
pounds, or who is 4 feet 9 inches tall or less, shall be properly restrained in
a shoulder-positioning child booster seat.
(b)
Seat belts. Each
resident who is not required to be in an individual child car safety seat when
being transported shall be properly restrained by a seat belt, except as
provided in s.
347.48(2m),
Stats., and ch. Trans 315. Seat belts may not be shared.
(c)
Doors locked. Passenger
doors shall be locked at all times when a vehicle transporting residents is
moving.
(d)
No
smoking. Smoking is prohibited in vehicles while transporting
residents.
(7) ACCIDENT
REPORT. A center shall submit to the department a copy of the official police
report of any accident involving a center vehicle transporting residents,
within 5 days after occurrence of the accident.