14 Del. Admin. Code § 933-V-67.0

Current through Register Vol. 27, No. 11, May 1, 2024

Section 933-V-67.0 - Transportation

67.1 Use of a vehicle, other than a school bus, with a rated capacity as defined by the manufacturer, to carry more than 10 passengers in addition to the driver to transport children is prohibited. A licensee shall ensure 12-15 passenger vans are not used to transport children. Passenger includes the driver.

67.2 A licensee shall ensure when transporting children that the driver, when volunteering or employed by the center, and vehicle, when owned or leased by the center, comply with all applicable federal and State laws.

67.2.1 The driver shall be at least 21 years old.

67.2.2 The driver shall have a valid driver's license that authorizes the driver to operate the vehicle being driven.

67.2.3 The driver shall have a comprehensive background check confirming eligibility to be alone with children during transport.

67.2.4 The driver does not need to be qualified by DEEDS Early Learning.

67.2.5 The driver may not transport more children and adults than the vehicle's capacity.

67.3 A licensee shall ensure children are transported using child-safety restraints as required by State and federal laws.

67.4 A licensee shall ensure that companies contracted by the center to provide transportation services to children follow applicable State and federal laws.

67.5 A licensee shall ensure each child is secured in an individual safety restraint system appropriate to the age, weight, and height of the child at all times while the vehicle, other than a school bus, is in motion.

67.5.1 Safety restraints must be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard.

67.5.2 Child safety restraints must be installed and used as determined by the manufacturer and vehicle's instruction manual.

67.5.3 Safety restraints must be kept in a safe working condition and free of recall.

67.6 If using a school bus, children preschool-age or younger must only be transported on a school bus that is properly equipped with child safety restraints unless the licensee explains to parents or guardians in writing that while child safety restraints on school buses for children preschool-age or younger are not currently required by State law, the National Highway Traffic Administration recommends that children in this age group always be transported using child safety restraints, and the licensee receives written parent or guardian permission stating the child may be transported on a school bus unrestrained.

67.7 A licensee shall ensure vehicles used to transport children, including parent or guardian vehicles used for field trips (unless only transporting the parent's or guardian's own children), have and use the following:

67.7.1 A working heater capable of keeping an interior temperature of at least 50°F;

67.7.2 Air-conditioning to reduce the interior temperature when it exceeds 82°F (school buses are exempt);

67.7.3 A working phone;

67.7.4 A traveling first aid kit including children's emergency contact information; and

67.7.5 A dry chemical fire extinguisher approved by Underwriters Laboratory.

67.8 A licensee shall ensure children are loaded and unloaded at the vehicle's curbside or in a protected parking area or driveway.

67.9 A licensee shall ensure all doors are locked when the vehicle is moving.

67.10 A licensee shall have written parent or guardian permission for transportation provided by the center.

67.10.1 A licensee shall document arrangements with the parent/guardian including the pickup and drop off times when driving a child to and from the child's school.

67.10.2 A licensee shall inform the parent or guardian of the person or transportation service who is driving the vehicle and ask about special needs the child may have during the ride.

67.11 A licensee shall ensure children are never alone in the vehicle and that the vehicle is visually checked at the final location so that no child is left behind.

67.12 A licensee may not transport children in the open back of a truck.

14 Del. Admin. Code § 933-V-67.0

24 DE Reg. 267 (9/1/2020)
25 DE Reg. 1115 (6/1/2022) (Final)