N.J. Admin. Code § 10:47-10.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:47-10.3 - Transportation

(a) Each vehicle used under the auspices of the facility in transporting individuals shall be properly registered, inspected, and insured in accordance with New Jersey State motor vehicles laws and rules.

1. The licensee shall maintain or document valid liability insurance on all vehicles used to transport individuals.

2. The interior of each vehicle shall be maintained in a clean, safe condition and shall be free of obstacles obstructing clear passage to operable doors.

3. All items maintained in the vehicle, including, but not limited to, first aid kits, fire extinguishers and snow tires shall be securely fastened at all times.

(b) The vehicle operator shall operate the vehicle in a safe manner at all times by abiding by all laws pertaining to motor vehicle safety, including posted speed limits, cautions, and all other posted advisories.

1. The vehicle operator shall not be permitted to operate a facility vehicle when a physical or mental impairment compromises his or her ability to operate a vehicle safely. This includes, but is not limited to illness, injuries, vision problems, emotional distress, or medication side effects. The Department may require the facility to obtain a second opinion regarding the fitness of a vehicle operator.

2. The vehicle operator shall not operate a vehicle while under the influence of drugs and/or alcohol. This includes prescribed medications and over-the-counter medications that warn against operating machinery while taking such medication.

3. The vehicle operator shall conduct a visual safety check of the vehicle before each trip to inspect for obvious safety hazards including mirrors, directional signals, seat belts, child passenger restraint systems, booster seats, wheelchair tie-downs and other safety related equipment. Unsafe vehicles shall be reported to the appropriate facility maintenance authority and shall be immediately repaired or removed from use until all necessary repairs are completed.

4. The vehicle operator and all passengers shall use a properly adjusted and fastened seat belt system, child passenger restraint system or booster seat system at all times while in transit. All safety mechanisms in vehicles used to transport individuals in wheelchairs shall be employed at all times.

5. Before departure, the vehicle operator shall ensure that all passengers are secured safely in the vehicle by seat belt, child passenger restraint system, or booster seat system. The vehicle shall not be in motion without passengers being properly secured in their seats.

6. No vehicle operator shall use a hand-held communication device while the vehicle is in motion. Vehicle operators shall pull to the side of the road to a safe location to respond to or to make a phone call.

(c) The vehicle shall be inspected prior to the expiration date on the registration sticker.

(d) The vehicle shall be serviced according to manufacturer's recommendations.

(e) Each vehicle operator acting on behalf of the facility shall be properly licensed to operate the class of vehicle used in transporting individuals, and such license status shall be routinely updated.

1. No person shall transport individuals without a driver's license valid in the State of New Jersey.

2. A vehicle operator who transports individuals in vans seating 15 or more passengers shall have a commercial driver's license current and valid in the State of New Jersey.

3. No vehicle operator with more than five points shall operate a facility owned/leased vehicle. It shall be the responsibility of the vehicle operator to advise the designated facility staff of the status of the vehicle operator's license. Vehicle operators with five or more points shall be required to reduce their points to less than five points within 30 days of such notification either by standard point reduction or by a New Jersey Motor Vehicle Commission approved point reduction program.

(f) Vehicle occupancy shall not exceed the number of properly operating seat belts and the vehicle's rated capacity.

(g) The facility shall provide sufficient supervision in each vehicle used by the facility to transport individuals.

1. No individual whose IDT has determined that being left unattended in a vehicle would present a danger to him or her shall be left without direct supervision by facility staff in a vehicle at any time.

2. No individual shall remain in a vehicle that does not have the air conditioning on when the outside temperature exceeds 80 degrees Fahrenheit or in a vehicle that does not have the heater on when the outside temperature falls below 40 degrees Fahrenheit.

3. No vehicle shall be left running and unattended at any time.

4. No individual shall be locked in a vehicle at any time when facility staff are not physically present in the vehicle.

5. No facility staff shall transport individuals in the staff person's personal vehicle.

(h) Vehicles used to transport individuals with physical disabilities shall be adapted to their needs.

(i) The following additional transportation arrangements shall be required for facilities serving non-ambulatory individuals:

1. A hydraulic lift that also provides for manual usage shall be provided in all vehicles, except automobiles, used to transport nonambulatory individuals;

2. Wheelchairs shall be properly tied down, using the appropriate securement points, while individuals who use wheelchairs are in the vehicle; and

3. The arrangement of the wheelchairs shall provide aisle space and shall not impede access to the exit doors of the vehicle.

(j) The facility shall ensure that each individual is provided with transportation in order to implement the individual's IHP and in case of emergency.

(k) All vehicles used under facility auspices to transport individuals shall have the following, which shall be properly secured in or on the vehicle, as appropriate:

1. Emergency equipment that shall include a spare tire, jack and at least three portable red reflector warning devices;

2. A first aid kit to include:

i. Antiseptic;

ii. Rolled gauze bandages;

iii. Sterile gauze bandages;

iv. Adhesive paper or ribbon tape;

v. Scissors;

vi. Adhesive bandages (for example, Band-Aids);

vii. CPR mask; and

viii. Vinyl gloves;

3. Snow tires, all-weather tires, or chains when weather conditions dictate their use; and

4. A 10:BC dry chemical fire extinguisher.

N.J. Admin. Code § 10:47-10.3

Repeal and New Rule, R.2007 d.72, effective 3/5/2007.
See: 38 N.J.R. 4352(a), 39 N.J.R. 777(a).
Section was "Transportation".