8 Colo. Code Regs. § 1402-1-2.338

Current through Register Vol. 47, No. 11, June 10, 2024

Section 8 CCR 1402-1-2.338 - TRANSPORTATION

A. The driver of a vehicle used to transport children must follow required state laws, including possession of a current valid Colorado driver's license, current automobile insurance, and meet the requirements of Colorado child passenger safety laws at sections 42-4-236 and 42-4-237, C.R.S.

B. At least one (1) adult in the vehicle transporting children must have current Department-approved first aid certificate and Department-approved CPR certificate. and for all ages of children. A first aid kit must be available in the vehicle.

C. Any child transported must be properly restrained in a child restraint system that meets the requirements of the Colorado child passenger safety laws in sections 42-4-236 and 42-4-237, C.R.S., that require:

1. Children under the age of one (1) years and weighing less than twenty pounds, must ride the back seat of the vehicle, in a rear-facing child restraint system, according to the manufacturer's instructions.

2. Children ages one (1) to four (4) years and who weigh twenty (20) to forty (40) pounds must be properly restrained in a rear-facing or forward-facing child restraint system, according to the manufacturer's instructions.

3. Children who are under eight (8) years of age and who are being transported, shall be properly restrained in a child restraint system, according to manufacturer's instructions.

4. Children who are at least eight (8) years of age but less than sixteen(16) years of age who are being transported, shall be properly restrained in a safety belt or child restraint system according to manufacturer's instructions.

D. When any vehicle is used by the family child care home to transport children in care, the following requirements must be met:

1. Two (2) or more children must never be restrained in one (1) seat belt or child restraint system;

2. It is the responsibility of the driver transporting children to ensure that children are provided with, and that they properly use, a child restraint system or safety belt system;

3. Children who meet the requirements to be restrained in a safety belt must be instructed and monitored to keep the seat belt properly fastened and adjusted;

4. Children, who are appropriately placed in a safety belt system according to state law, must be properly secured by the safety belt system. The shoulder belt must never be placed behind the back or under the arm. The lap belt must be secured low and tight across the upper thighs;

5. Children under thirteen (13) years of age must never be transported in the front seat of a vehicle;

6. Children must never be left alone in a vehicle;

7. Children must be loaded and unloaded safely and out of the path of moving vehicles;

8. The total number of passengers being transported shall never exceed the vehicle manufacturer's specifications;

9. The provider cannot transport more children than any vehicle can safely accommodate with child restraint systems and seat belts that are properly installed in the vehicle;

10. The seats of the vehicle must be constructed and installed according to the manufacturer's specifications;

11. Modifications to vehicles including, but not limited to, the addition of seats and seat belts must be completed by the manufacturer or an authorized representative of the manufacturer. Documentation of such modifications must be available for review by the Department;

12. The vehicle must be enclosed and have door locks in proper working order;

13. The vehicle must be kept in satisfactory condition to assure the safety of occupants. Vehicle tires, brakes, and lights must meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division (section 42-4-236, C.R.S.); and

14. At a large family child care home, there must be at least one (1) adult supervisor, in addition to the driver, when nine (9) to twelve (12) children are being transported in the vehicle.

E. The primary provider must obtain written permission from the parent or guardian for transportation of the child.

F. If the family child care home provides transportation to and from care, the primary provider, applicant 2, equally qualified provider, qualified substitute, or staff member must supervise the child between the vehicle and the child's home or another home authorized by the child's parent(s) or guardian(s) until the child is safely in the care of another adult.

G. If the family child care home provides transportation to and or from care, children remaining at the family child care home must be supervised by the primary provider, applicant 2, an equally qualified provider, qualified substitute, or staff member.

H. Agreement must be made annually between the provider and parents or guardians on transportation arrangements for school age children (e.g. walking, riding a bicycle, bus, or traveling in a vehicle) to and from the family child care home. It is the provider's responsibility to ensure the child arrives to the destination at agreed upon time.

8 CCR 1402-1-2.338

47 CR 04, February 25, 2024, effective 3/16/2024