N.J. Admin. Code § 3A:56-8.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 3A:56-8.1 - General requirements

(a) The provisions of this subchapter shall apply to any home or agency that provides or arranges transportation for children:

1. To or from their homes or other prearranged sites and the home; or

2. In connection with an activity (such as a field trip) conducted by or through the auspices of the home or agency.

(b) Any home, person or agency, as defined in (a) above, also shall comply with applicable provisions of New Jersey Motor Vehicle Commission law, pursuant to N.J.S.A. 39:1-1 et seq. and rules promulgated thereunder, as specified in N.J.A.C. 13.

(c) The home or agency may authorize staff members to utilize their own private passenger vehicles to transport children from the home, to and from scheduled field trips or to transport children from the home to a hospital, clinic or office for medical treatment. However, staff members may be authorized to do so only if:

1. The vehicle has a capacity of nine or fewer persons;

2. The driver possesses a valid automobile driver's license issued by the New Jersey Motor Vehicle Commission, hereinafter referred to as the MVC;

3. The vehicle has a valid motor vehicle inspection sticker issued by the MVC;

4. The vehicle owner possesses liability insurance at least at the minimum amounts required by the New Jersey State insurance law, pursuant to N.J.S.A. 17:28-1.1a;

5. The home maintains transportation records on every vehicle utilized for the above, as specified in 3A:56-8.4; and

6. The home or agency ensures that the staff members apply the safety practices, as specified in 3A:56-8.1(d) and (e).

(d) The home or agency shall ensure that all vehicles used to transport children:

1. Are maintained in clean and safe condition;

2. Have a maximum seating capacity that does not exceed the number of seat belts;

3. Have seats and back rests securely fastened;

4. Have all seats that are facing sideways or backwards bolted down;

5. Have seats upholstered with springs or foam rubber;

6. Have an operable heater capable of maintaining a temperature of 50 degrees Fahrenheit; and

7. Are equipped with:

i. A triangular portable red reflector device that is fastened to the vehicle structure if located in the passenger compartment;

ii. All weather radial or snow tires from November 15 through April 1 (for New Jersey-based homes only); and

iii. A removable, moisture-free and dust-proof first-aid kit, which shall be located in the vehicle and fastened to the vehicle structure if located in the passenger compartment.

(e) The home or agency shall ensure that the following safety practices are followed:

1. A staff person is always present when an adolescent, child or infant is in the vehicle;

2. All passengers who are eight years of age and older or weigh 80 pounds or more are secured in an operable seat belt or car seat while the vehicle is in motion;

3. All passengers, who are under eight years of age and weigh less than 80 pounds are secured in car seats (child passenger restraint systems) that meet Federal motor vehicle safety standards in accordance with provisions of the New Jersey Motor Vehicles Law, pursuant to N.J.S.A. 39:3-76.2a;

4. All adolescents, children and infants enter and exit from the curbside of the vehicle;

5. Children are not permitted to ride in the backs or beds of trucks; and

6. Children and staff members are not permitted to smoke tobacco products or use smokeless tobacco in the vehicle.

(f) When transporting more than six children below six years of age the home or agency shall ensure that one adult in addition to the driver remains in the vehicle.

(g) When transporting more than four infants without their adolescent mothers, the home shall ensure that one adult in addition to the driver remains in the vehicle.

(h) The home or agency shall maintain transportation records, as specified in 3A:56-8.4.

(i) If the home utilizes a Type I School Bus, Type II School Bus or a Type S School Vehicle, the home shall:

1. Meet all appropriate Motor Vehicle Commission (MVC) rules, Department of Education rules and/or Department of Children and Families rules; and

2. Ensure that the drivers of such vehicles possess a valid Commercial Driver License (CDL) in at least Class B or Class C, with passenger endorsement, as required by the MVC for the gross vehicle weight rating (GVWR) of the vehicle or an out-of-State equivalent license, as approved by the MVC.

(j) The home shall limit travel in program vehicles including cars, vans and wagon trains by:

1. Scheduling at least one full day of rest after every four days of travel;

2. Ensuring that no staff member drives for more than four hours without a 30-minute break; and

3. Prohibiting driving between 11:00 P.M. and 6:00 A.M., unless it is necessary to complete an emergency evacuation.

N.J. Admin. Code § 3A:56-8.1

Administrative Change, 49 N.J.R. 98a.

Amended by 50 N.J.R. 135(a), effective 1/2/2018