Section 7.13 - TransportationThe following requirements apply to all programs, including family child care, small group and school age and large group and school age child care.
(1)Written Plan for Transportation. The licensee must have a written plan for the safety and supervision of all children during transport. The plan must describe how children are transported to and from the program, in an emergency, and on field trips. The plan must also address the safety and supervision of children who walk and who arrive by public transportation. The plan must include any special arrangements for children with disabilities.(2) The licensee must have written parental consent for each child's individual transportation plan.(3) Whenever the licensee provides or contracts for transportation for children, the licensee must: (a) establish policies and procedures that are intended to keep children safe during transport. The policies and procedures must specify:1. the name and telephone number of the transportation coordinator for the program;2. the names and telephone numbers of contact persons during transportation times;3. how transportation is provided,4. whether transportation is provided by the licensee or a sub-contractor of the licensee. If transportation is provided by a subcontractor, the identity of the subcontractor;5. who is responsible for the supervision of children while being transported, prior to their arrival at the program;6. how the driver and/or monitor will respond to disruptive behavior, including children unbuckling seat belts or refusing to remain seated;7. how the driver and/or monitor will respond to a medical emergency;8. the system of communication available to the driver;9. the actions the driver and/or monitor must take if the child is not present at the pick-up location, or if the parent or approved adult is not present to receive the child at drop-off;10. the actions the driver and/or monitor must take if the vehicle becomes disabled;11. to whom and by whom any moving violation or accident that occurs while children are being transported must be reported.(b) ensure compliance with the Americans with Disabilities Act and the Rehabilitation Act of 1973, Section 504. Whenever possible, children with disabilities should be transported in the same vehicles used to transport other children;(c) append a copy of the current contract between the transportation provider and the licensee to the program's transportation plan, if transportation is provided by a subcontractor. The contract must include provisions for the transportation company to notify the licensee of any accidents, vehicle breakdowns, and moving violations that are cited while children are being transported.(d) make a copy of the transportation policies and procedures available to educators, drivers, monitors and parents on request.(4)Vehicle and Driver Requirements. Whenever transportation is provided or contracted by the licensee the licensee must ensure that:(a) any vehicle used for transportation of more than eight passengers at any one time and the driver thereof conform to Massachusetts school bus requirements as contained in the pertinent sections of M.G.L. c. 90 and 540 CMR 7.00: Minimum Standards for Construction and Equipment of School Buses;(b) any program-owned, private or hired vehicles such as sedans, vans, or station wagons used for the transportation of eight or fewer passengers, at any one time, and the driver thereof, conform to requirements as contained in M.G.L. c. 90, § 7(D), as applicable ;(c) any and all vehicles used for transportation of children are registered and inspected in accordance with the laws of the state;(d) the operator of any vehicle transporting children is licensed in accordance with the laws of the state;(e) the driver and any other attendants on the vehicle have received an orientation to the transportation plan;(f) at least one person on each vehicle is currently certified in first aid and CPR;(g) the driver of the vehicle is alert and is not distracted by telephone, radio or other communications;(h) one particular driver is regularly assigned to each route;(i) there is a plan for the use of substitute drivers when the regularly assigned driver is unavailable;(j) the driver of the vehicle takes attendance before and after each trip and conducts a complete vehicle inspection after every trip to ensure that children are not left alone in a vehicle at any time;(k) there is no smoking in the vehicle when children are present, and that if smoking has occurred in the vehicle it is properly ventilated prior to use by children.(5)Insurance. Any vehicle used to transport children, whether owned by the program, an educator or by a parent who is transporting children other than his or her own, must have the following minimum amounts of liability insurance:(a) Injury per person: $100,000;(b) Injury per accident: $300,000;(c) Property damage: $5,000.(6)Transportation Safety.(a) The licensee must not allow the number of children riding in a program-owned, educator's, or parent's vehicle, used to transport children while they are in care, or a vehicle hired for a program-related activity to exceed the number of seats therein at any time. All children must be seated when the vehicle is in operation.(b) Suitable car seats, safety carriers, restraints or seat belts must be provided for and used by each child, driver and attendant in all vehicles containing fewer than 16 passenger seats. All car restraints must meet the U.S. Department of Transportation Federal Motor Vehicle Safety Standards guidelines and must be crash tested and child approved.(c) Children younger than 12 years old must not be transported in the front seat of a vehicle if the vehicle is equipped with airbags.(d) When more than eight children are being transported, an attendant other than the driver is required.(e) Children's emergency contact information must be carried in the vehicle whenever children are present.(f) Sharp, heavy or potentially dangerous objects must be placed in the trunk or cargo area and securely restrained when transporting children.(g) The licensee must identify and communicate to the driver of the vehicle any information that may assist him/her in transporting a child, including, but not limited to, any medical or behavioral problems.(h) The driver of the vehicle must release children only to persons known or identified to the driver and authorized by the parent(s) in writing to receive the child.(i) Children must not be regularly transported for periods longer than 45 minutes one way between their home or school and the program.(j) A first aid kit, seat belt cutter and emergency numbers for the children must be easily available in all vehicles.(k) A working mechanism for making emergency telephone calls must be available on each vehicle during transport.(l) The licensee must ensure that every accident involving a program-owned or operated vehicle providing transportation services is reported in accordance with applicable accident reporting laws and requirements.