Section 86174 - [Operative 7/1/2024] Transportation(a) Only drivers licensed for the type of vehicle operated shall be permitted to transport participants.(b) The manufacturer's rated seating capacity of the vehicles shall not be exceeded.(c) Motor vehicles used to transport participants shall be maintained in a safe operating condition.(d) When transporting participants, the licensee shall ensure the participants and the participant's children are secured in a safety restraint system in accordance with Vehicle Code Sections 27315(e) and 27360(a).(e) The licensee and their staff are prohibited from smoking a tobacco product, or permitting any person from smoking a tobacco product in a motor vehicle that is regularly used to transport children, regardless of when the children are present. This prohibition applies when the motor vehicle is moving or at rest. Smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code, and tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.(f) A licensee shall provide transportation for a participant in a timely manner to the following: (1) Health-related services, as defined in Section 86001(h)(1).(3) Extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, provided the transportation to these activities is reasonable, in accordance with the reasonable and prudent parent standard specified in Section 86067.(g) The licensee shall ensure that the transportation provided safeguards the health and safety of a participant and shall not violate the personal rights of a child or nonminor dependent as required by Section 86172, including the right to have equal access to all available services and to not be subjected to discrimination based on actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and gender expression, mental or physical disability, or HIV status.(h) A licensee may satisfy their obligation to provide transportation as required by this section if the licensee has entered into a written agreement with a third party, such as an agency, entity or individual, for the regular provision of transportation. The written agreement shall be made available to the department upon request. A licensee may also satisfy its obligation to provide transportation as required by this section if the licensee uses a third party on a rare occurrence, that is not regular or routine, to provide transportation without a written agreement and the licensee meets all requirements for the reasonable prudent parent standard, as defined in Section 86001(r)(1).Cal. Code Regs. Tit. 22, § 86174
Note: Authority cited: Sections 1530, 1530.91 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1530.7, 1531 and 118948, Health and Safety Code; Sections 362.05, 16001.9 and 16522.1, Welfare and Institutions Code; Sections 27315 and 27360, Vehicle Code; and Sections 22950.5(c) and 22950.5(d), Business and Professions Code.
Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1530.7, 1531 and 118948, Health and Safety Code; Section 16522.1, Welfare and Institutions Code; Sections 27315 and 27360, Vehicle Code; and Sections 22950.5(c) and 22950.5(d), Business and Professions Code.
1. Change without regulatory effect renumbering and amending former section 86074 to new section 86174 filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
2. Amendment of subsection (e), new subsections (f)-(h) and amendment of NOTE filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).