Okla. Admin. Code § 340:110-3-305

Current through Vol. 42, No. 4, November 1, 2024

Section 340:110-3-305 - Transportation

(a)General.

(1) When children in care are transported in a vehicle, whether provided, arranged, or contracted by the program, requirements in this Section are met.

(2) When the program contracts for transportation, including use of public transportation, the program is responsible for ensuring the contracted entity meets transportation requirements, including child passenger safety training.

(3) Children are not transported in vehicles or parts of vehicles not designed for transporting individuals, such as truck beds, campers, and trailers.

(4) Drivers and vehicles used to transport children comply with all applicable state laws, including vehicle insurance. Documentation is maintained, per Oklahoma Administrative Code (OAC) 340:110-3-281.2(c) and (d).

(5) Children do not ride more than 60 minutes one way. However, longer field trips may occur infrequently provided necessary rest and stretch stops are made.

(b)Driver, child passenger safety, cardio-pulmonary resuscitation (CPR), and first aid.

(1) The driver requirements are met, per OAC 340:110-3- 284.3(d).

(2) The child passenger safety training requirements are met by the:

(A) program, per OAC 340:110-3-284(d); and

(B) drivers and personnel assisting with child passenger safety restraints, per OAC 340:110-3-284.3(d).

(3) CPR and first aid certification requirements are met, per OAC 340:110-3-284(d).

(c)Parent permission and attendance documentation.

(1) Transportation and field trip permission is maintained, per OAC 340:110-3-281.4(b).

(2) Attendance documentation is maintained, per OAC 340:110-3-281.2(c) and (d).

(d)Ratios and supervision.

(1) The driver may count in ratios, unless excluded, per OAC 340:110-3- 286(a).

(2) Supervision is maintained, per OAC 340:110-3-287(h).

(e)Communication.

(1) An operable phone is in each vehicle transporting children.

(2) While transporting children, drivers do not use a phone or wireless communication device, including hands-free technology:

(A) when the vehicle is in motion, with the exception of a navigational system or global positioning system device; and

(B) unless emergency communication is necessary and the vehicle is secured in park before devices are used.

(f)Safety and tobacco-free.

(1) Vehicles have a first aid kit, per OAC 340:110-3-279(d).

(2) Vehicles are free of hazards, per OAC 340:110-3-303.

(3) Safe conduct to and from vehicles and safe off-street loading spaces are provided to protect children from:

(A) backing vehicles;

(B) being between vehicles; and

(C) traffic hazards.

(4) Vehicle door locks are activated when the vehicle is moving.

(5) Tobacco use is prohibited, per OAC 340:110-3-294(g).

(g)Passenger restraints, seating, and airbags.

(1) Vehicle maximum capacity and seating space, per manufacturer's designations, is not exceeded.

(2) Children sit in seats behind the front seat. However, when all these positions are occupied by other children, a child may sit in the front seat, provided requirements in (A) and (B) of this paragraph are met.

(A) When there is a front seat passenger airbag and children 12 years of age or younger are in the front seat, the airbag is deactivated by a weight sensitive seat, when equipped with such, or a manual switch.

(B) When the airbag cannot be deactivated, the front seat is pushed back as far as possible, and only a child whose age and weight requires a forward facing car seat with a harness, per manufacturer's instructions, may sit in the front seat.

(3) Children remain properly secured in child passenger restraint system, such as a car or booster seat or an individual seat belt complying with applicable state laws, unless the vehicle is exempt, per (5) of this subsection. Children do not share a seat belt.

(A) Car and booster seats are:

(i) federally approved;

(ii) installed, per manufacturer's instructions;

(iii) appropriate to the child's height, weight, and physical condition, per manufacturer's instructions; and

(iv) properly maintained, such as not expired or previously involved in a vehicle accident.

(B) Seat belts:

(i) are properly anchored to the vehicle; and

(ii) fit the child appropriately, per Child Passenger Safety training, per OAC 340:110-3-284(d).

(4) Adult passengers, including the driver, remain properly secured in an individual seat belt unless:

(A) unable due to documented medical reasons, per OAC 340:110-3- 281.3(b); or

(B) the vehicle is exempt, per (5) of this subsection.

(5) The vehicle exemption to passenger restraints is for buses, unless designed for or equipped with seat belts or the Lower Anchors and Tethers for Children (LATCH) system. However, passengers remain seated.

(h)Vehicles and vehicle maintenance.

(1) Vehicle requirements apply to:

(A) program vehicles at all times; and

(B) personal vehicles when transporting children.

(2) Vehicle maintenance is:

(A) conducted at least quarterly for:

(i) program vehicles; and

(ii) personal vehicles used regularly; and

(B) documented, per OAC 340:110-3-281.2(c).

(3) The vehicles:

(A) are identified with the program or business entity name and phone number easily read by the public, unless using contracted transportation;

(B) are in a safe operating condition;

(C) have an operable heater maintaining an interior temperature of at least 65 degrees Fahrenheit;

(D) have a ventilation system, such as air conditioning or operable windows; and

(E) have stationary padded seats with a back properly anchored to the vehicle.

Okla. Admin. Code § 340:110-3-305

Amended and renumbered from 340:110-3-29 at 32 Ok Reg 704, eff 1-1-16 (emergency)

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023