14 Del. Admin. Code § 935-46.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 935-46.0 - Transportation46.1 Excluding the use of school buses, a licensee shall ensure only vehicles with a rated capacity as defined by the manufacturer of 10 passengers plus the driver or less may be used to transport children.46.2 A licensee shall ensure when transporting children that the driver, when employed by the facility or program, and vehicle, when owned or leased by the facility or program, comply with all applicable federal and State laws. 46.2.1 The driver shall be at least 21 years old.46.2.2 The driver shall have a valid driver's license and vehicle insurance that authorizes the driver to operate the vehicle being driven.46.2.3 The driver shall have a background check confirming eligibility to be alone with children during transport.46.2.4 The driver may not transport more children and adults than the vehicle's capacity.46.3 A licensee shall ensure that companies contracted by the facility to provide transportation services to children follow applicable State and federal laws.46.4 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. 46.4.1 Safety restraints must be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard.46.4.2 Child safety restraints must be installed and used as determined by the manufacturer and vehicle's instruction manual.46.4.3 Safety restraints must be kept in a safe working condition and free of recall.46.5 A licensee shall ensure vehicles used to transport children have and use the following: 46.5.1 A working heater capable of keeping an interior temperature of at least 50°F;46.5.2 Air-conditioning to reduce the interior temperature when it exceeds 82°F (school buses are exempt);46.5.4 A traveling first aid kit including children's emergency contact information; and46.5.5 A dry chemical fire extinguisher approved by Underwriters Laboratory.46.6 A licensee shall ensure children are loaded and unloaded at the vehicle's curbside or in a protected parking area or driveway.46.7 A licensee shall ensure all doors are locked when the vehicle is moving.46.8 A licensee shall have written parent permission or the referring agency's permission for transportation provided by the facility or program.46.9 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.46.10 A licensee may not transport children in the open back of a truck.46.11 A licensee that chooses to transport non-ambulatory children with disabilities shall ensure the following additional equipment is provided for all vehicles except automobiles used for transporting children:46.11.1 A ramp device to permit entry and exit of a child;46.11.2 A fastening system for wheelchairs that secures the chair to the vehicle floor; and46.11.3 Adequate aisle space that does not impede access to the exit door.14 Del. Admin. Code § 935-46.0
27 DE Reg. 599 (2/1/2024) (Final)