Section 0520-12-01-.13 - TRANSPORTATION(1) If a program provides transportation or contracts for transportation, the program's management shall be fully responsible for all transportation of children, including between home and program (if different facility from school), to and from school, and on field trips.(2) Transportation services shall be operated in compliance with all state laws, regarding school transportation and all rules and regulations, promulgated by State Board of Education regarding school transportation and school buses.(3) Vehicles used to transport children and which are owned or operated by, contracted for or which are otherwise under the direction or control of the school-administered program, shall carry automobile liability insurance coverage for each vehicle used for that purpose in the minimum amounts required by T.C.A. § 49-6-2111 and defined in State Board of Education Pupil Transportation Rule 0520-01-05-.01(2). (a) Automobile insurance coverage for non-school community-based organizations which transport children shall comply with the following:1. Automobile liability coverage shall be maintained in a minimum amount of five hundred thousand dollars ($500,000) combined single limit of liability.2. Medical payment coverage shall be maintained in the minimum amount of five thousand dollars ($5,000) for injuries to children being transported in vehicles owned, operated or leased by the non-school community-based organization's program.(4) Vehicles used to transport children must be in compliance with the Federal Motor Vehicle Safety Standards as defined by Title 49 part 571 of the Code of Federal Regulations and the Tennessee Minimum School Bus Standards, adopted by the State Board of Education as required by Rule 0520-01-05-.02.(5) Fifteen (15) passenger vans are prohibited.(6) Children may be transported in passenger vehicles, however, children of all ages but must be in compliance with passenger restraint laws, T.C.A. § 55-9-602 at all times in passenger vehicles, and must be transported in rear seats. (a) Any child under one (1) year of age or any child weighing twenty pounds (20 lbs.) or less shall be properly secured in a child passenger restraint system in a rear facing position.(b) Any child, one (1) through three (3) years of age, weighing greater than twenty pounds (20 lbs.) shall be properly secured in a child passenger restraint system in a forward facing position.(c) Any child, four (4) through eight (8) years of age and measuring less than four feet, nine inches in height shall be properly secured in a child seat or a belt-positioning booster seat.(d) Any child, nine (9) through twelve (12) years of age, measuring four feet, nine inches or more in height, shall be properly secured in a passenger motor vehicle using a seat belt system in the rear seat of the vehicle.(e) Any child, thirteen (13) through fifteen (15) years of age, shall be properly secured in a passenger motor vehicle using a seat belt system.(7) Federally approved child care restraint systems must be provided and utilized during the transport of any child three (3) years of age or under on a school bus.(8) No child shall be allowed to ride on the floor of a vehicle, and no child shall be placed with another child in the same restraint device.(9) All school buses shall be inspected in compliance with the Rules and Regulations for School Bus Inspection, Chapter 1340-03-03, promulgated by and regulated by the Tennessee Department of Safety.(10) All persons hired for the position of "school bus driver" shall: (a) Be issued a commercial driver's license (CDL) by the Tennessee Department of Safety;(b) Have the "S" and "P" endorsements if employed by a public school or school system;(c) Have a "P" endorsement and completion of school bus driver training if employed by a nonpublic school or a non-school, community based organization;(d) Know and understands the school system's or private school's policies and procedures concerning transportation and to bus driver's responsibilities and duties;(e) Have no criminal offense or criminal record of a violation of any of the following: 1. Driving under the influence of an intoxicant as prohibited by T.C.A. § 55-10401;2. Vehicular assault as prohibited by T.C.A. § 39-13-106;3. Vehicular homicide as prohibited by T.C.A. § 39-13-213(a)(2);4. Aggravated vehicular homicide as prohibited by T.C.A. § 39-13-218; or5. Manufacture, delivery, sale or possession of a controlled substance as prohibited by T.C.A. § 39-17-417;(f) Complete the annual physical and mental examinations of school bus drivers as required by T.C.A. § 49-6-2108;(g) Complete the annual training for school bus drivers presented by the Tennessee Department of Safety (school bus driver training is not required for drivers of passenger vehicles only); and(h) Complete CPR and First Aid certifications. If driver is accompanied by regular staff that has certification in CPR and First Aid, the driver does not have to meet this requirement.(11) Drivers of any passenger vehicle, used to transport children, shall possess a current, valid driver's license and endorsement required by the Tennessee Department of Safety for transporting children in the applicable type of vehicle.(12) Seating capacity on a school bus shall be in compliance with T.C.A. § 49-6-2110(a), requiring a minimum of thirteen linear inches of seat space for each student.(13) Vehicles used for transporting children shall: (a) Have a clearly visible identifying sign. Exceptions: Vehicles used exclusively for the occasional field trip; vehicles used exclusively for the limited provision of emergency transportation, e.g., vehicle used when regular vehicle has a mechanical breakdown; and The Department may waive the vehicle identification requirements for programs under the direction or control of a public agency.(b) Have fire extinguishers, emergency reflective triangles, a first aid kit, and a blood-borne pathogenic clean-up kit, and an adult familiar with the use of this equipment on board. Emergency exiting procedures shall be practiced by all staff responsible for transporting children on a regular basis. (Not applicable to occasional transportation by volunteers). All items must be secured.(14) Transportation routes shall be (school bus routes) in compliance with T.C.A. § 49-6-2105 to ensure no child is on a school bus more than one and one-half (11/2) hours in the morning and one and one-half (11/2) hours in the afternoon.(15) Firearms are prohibited in vehicles used to transport children.(16) Supervision of children in vehicles shall meet the following requirements: (a) An adult must be in the vehicle whenever a child is in the vehicle.(b) An adult must be seated behind the steering wheel if the motor is running and children are being loaded and/or are on board.(c) Transportation of children with special needs shall be in compliance with the Individual Education Plan (IEP) for each child.(d) Adult Monitor Requirements. 1. An adult monitor, in addition to the driver, is required on the vehicle for the transportation of four (4) or more children ages six (6) weeks to four (4) years of age.2. An adult monitor, in addition to the driver, is required on the vehicle for all routes exceeding thirty (30) minutes for children ages six (6) weeks to four (4) years of age, regardless of the total number of children being transported.3. An adult monitor, in addition to the driver, is required on the vehicle for the transportation of four (4) or more non-ambulatory children (permanently or temporarily non-ambulatory) of any age.4. An adult monitor, in addition to the driver, is required if more than ten (10) Voluntary Pre-Kindergarten students four (4) years of age are transported on the same bus.5. An adult monitor shall not be seated in the front passenger seat, but shall be seated in the vehicle in a position which will allow: (i) Each child to be seen with a quick glance;(ii) Each child to be heard at all times;(iii) Each child's activities to be observed; and(iv) The monitor to respond immediately should there be an emergency.(17) A passenger log shall be used to track each child during transportation. (a) The first and last name of each child received for transport shall be recorded on the passenger log. A sibling group shall not be listed as a single group entry, for example, "Smith children".(b) The driver of the vehicle or the monitor shall be designated as the person responsible for completing the log.(c) As each child is loaded onto the vehicle the time the child was placed on the vehicle shall be recorded on the passenger log.(d) The passenger log shall be updated immediately upon the child being released from the vehicle. The time the child was released shall be recorded and initialed by the person responsible for completing the log.(18) All drivers shall comply with the following: (a) Bus drivers who do not return to a central depot shall check at the end of every run to make sure that no person remains on the bus as defined in T.C.A. § 49-6-2114. Immediately upon unloading the last child the driver shall: 1. Physically walk through the vehicle;2. Inspect all seat surfaces, under all seats and in all compartments or recesses in the vehicle's interior;3. Sign the log, with the driver's full name, indicating the children are all unloaded.(b) If a child is expected for transport (based on the roster) but is not present at the location, the driver may not leave the location without checking with a designated member of staff and the center. If the designated member of staff is not present in the loading area and there is not an additional adult on the vehicle, all children will accompany the driver into the facility to verify the whereabouts of the child.(c) When Pre-Kindergarten children are transported on the return route, the school bus driver must not leave a Pre-K child at the child's home or bus stop unless the parent or other authorized person is present. If the parent or other authorized person is not present, the Pre-K student is not to exit the bus and the school bus driver is to follow the process/policy developed by the school system in collaboration with the Department of Children's Services and/or the police or sheriff's office.(19) All programs providing transportation for child care shall provide a written statement to the Department:(a) Stating the type(s) of transportation offered, e.g. transportation to and/or from school, transportation to and/or from child care program, transportation to and/or from child's home, etc.;(b) Listing and describing the vehicles that will be used for the transportation of children;(c) Describing any contracts, agreements or arrangements with any third (3rd) parties for the provision of transportation services, with copies of such contracts or agreements or arrangements available upon the Department's request;(d) Describing the agency's policy, procedures and staff training plans for maintaining compliance with responsibilities for loading and unloading and tracking each child;(e) Describing the agency's management plan for ensuring all transportation staff properly perform their duties in accordance with the licensing rules and agency policies and procedures;(f) Describing the agency's policy, procedures and staff transportation training plans for maintaining compliance with transportation rules and state law; and(g) Describing the agency's policy, procedures and staff training plans for the emergency evacuation of the vehicle.(20) Non-school, community-based organization vehicles shall meet the following requirements: (a) Annually, all non-school, community-based organization's vehicles that are designed by the vehicle manufacturer to carry ten (10) or more passengers shall be inspected in accordance with the schedule established by the Department of Safety. Any maintenance or repair to the vehicles disclosed by the inspections shall be the sole responsibility of the non-school, community-based organization.(b) The non-school, community-based organization's vehicle may have a stop arm in accordance with T.C.A. § 55-8-151(d) if the bus driver has completed annual school bus driver training provided by the Department of Safety.(c) The non-school, community-based organization's vehicle with a stop arm is required to be distinctly marked "Youth Bus" on the front and rear thereof in letters not less than six inches (6") in height and legibly written.(d) No vehicle which does not pass the inspections required in part (a) shall be used by the non-school, community-based organization to provide transportation services until necessary repairs, as determined by Department of Safety, have been made.(e) Non-school, community-based organization vehicles shall receive regular inspections and maintenance by a certified mechanic in accordance with the maintenance schedule recommended by the vehicle manufacturer.(f) Vehicle equipment shall be certified as inspected at least every four thousand (4,000) miles, if not covered by and/or otherwise serviced in accordance with the manufacturer's maintenance schedule, including: brakes; steering; oil levels; coolant; brake, windshield- washer and transmission fluids; hoses and belts; and tires.(g) The following equipment shall be maintained in the vehicle and stored in a manner which is not readily accessible to children: fire extinguisher; emergency reflective triangles; first aid kit; blood-borne pathogenic clean-up kit; and seat-belt cutter or similar device designed to immediately release the vehicle's child restraint system(s) in an emergency.(h) The bus driver or transportation monitor assigned to the vehicle shall be familiar with the location and use of all equipment required under part (g).(i) The non-school, community-based organization shall maintain documentation that the following daily inspections have been performed and any necessary repairs completed or other appropriate action taken before transporting children.1. A visual inspection of the vehicle's tires for wear and adequate pressure;2. A visual inspection for working headlights and taillights (brake lights and back-up lights), signals, mirrors, wiper blades and dash gauges;3. An inspection of properly functioning child and driver safety restraints;4. An inspection for properly functioning doors and windows;5. An inspection for the presence of safety equipment required by these rules or any other provisions of law or regulations, and repair or replacement as necessary based upon visual evidence of the need to do so;6. A determination that the vehicle has adequate fuel; and7. An inspection for, and cleaning of, debris from the vehicle's interior.(j) Emergency exiting procedures shall be practiced on a regular basis by all staff responsible for transporting children.(k) Any vehicle, contracted by a non-school community-based organization for the purposes of transporting children in a program administered by a non-school, community-based organization, shall be a for hire commercial passenger vehicle properly registered with the Federal Motor Carrier Safety Administration.(l) The contracted vehicle shall have a commercial license plate (tag) and shall have minimum levels of liability insurance as defined by the Federal Motor Carrier Safety Administration rule § 387.33. 1. Any vehicle with seating capacity of sixteen (16) passengers or more shall have five million dollars ($5,000,000) liability coverage.2. Any vehicle with seating capacity of fifteen (15) passengers or less shall have one and one half million dollars ($1,500,000) liability coverage.Tenn. Comp. R. & Regs. 0520-12-01-.13
Original rule filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Emergency rule filed August 30, 2010; effective through February 26, 2011. Repeal and new rule filed December 21, 2010; effective through March 21, 2011. Emergency rule filed August 30, 2010 and to have been effective through February 26, 2011 expired; on February 27, 2011 the rule reverted to its previous status. Repeal and new rule filed December 21, 2010; effective through March 21, 2011. Amendment filed September 29, 2011; effective February 28, 2012. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective 4/25/2019.Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-302(l); 49-6-2101 through 49-6-2117; 55-8-151; 55-9-602; 55-10-401; and 55-50-101, et seq.