Section 1240-04-01-.17 - TRANSPORTATION(1) Transportation shall comply with all state laws and these rules.(2) Child care agencies shall not transport children without prior written approval by the Department.(3) Prior to providing child care transportation services of any type, directly or by contract, all new and existing child care agencies shall provide a written statement to the Department that includes:(a) Scope of transportation that will be offered;(b) A list and description of the vehicles that will be used, including color, make, and model of vehicle, the license plate number, and provisions for how the child care agency will address emergency situations if the temporary use of alternate vehicles is necessary;(c) Copies of any contracts, agreements or arrangements with any third parties for transportation; and(d) Policies, procedures, and staff training plans to ensure that all transportation staff properly performs all duties related to the following requirements: 1. Child care agencies shall adhere to child-safety restraint requirements set forth in state law;2. Child care agencies shall account for each child when loading or unloading to ensure that no child is left on a vehicle unattended;3. Child care agencies shall conduct vehicle emergency evacuation drills quarterly;4. Use of cell phones and texting devices is prohibited while en route; Exception: Limited use of cell phones and texting devices by vehicle monitors, who are not driving, to communicate with the child care agency or parents, is allowable, but personal calls are prohibited.
5. Child care agencies shall institute plans for emergency communication during transportation;6. Carrying, possessing, or storing firearms or other weapons in vehicles is prohibited;7. Routine transportation shall be limited to forty-five (45) minutes each way;(i) An individualized plan may be approved by the Department allowing the child care agency to exceed this time frame if signed by the parent/guardian and the child care agency.(ii) Field trip travel time is not limited for school-agers.8. Child care agencies shall have current documentation of medical and liability insurance as required by law;9. Child care agencies shall use Department-approved vehicle monitoring devices for all vehicles designed to transport six (6) passengers or more;(i) Exceptions:(I) Vehicles in which all the children being transported are five (5) years of age and in kindergarten, or older, unless any of the children are developmentally or physically disabled or non-ambulatory;(II) Vehicles used exclusively for field trips; or(III) Vehicles used by family or group child care homes.10. Child care agencies shall maintain documentation of daily inspections and necessary repairs or other appropriate action taken before transporting children that includes: (i) A visual inspection of the vehicle's tires for wear and adequate pressure;(ii) A visual inspection for working headlights and tail lights, signals, mirrors, wiper blades and dash gauges;(iii) An inspection for properly functioning child and driver safety restraints;(iv) An inspection for properly functioning doors and windows;(v) 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;(vi) A determination that the vehicle has adequate fuel; and(vii) An inspection for, and cleaning of, debris from the vehicle's interior.11. Hazardous Temperatures and Extreme Weather;(i) Staff shall consider the special needs of individual children when determining if children can be transported safely during extreme temperatures;(ii) Child care agency staff shall monitor the interior temperature of a vehicle when transporting children during extreme weather conditions to ensure child safety.12. Emergency Transportation; (i) The child care agency shall notify the Department immediately or no later than one business day following emergency transportation that requires the use of alternate vehicles.(4) The child care agency is fully responsible for compliance with all transportation rules, regardless of whether the agency provides transportation directly, through a third party by contract, or otherwise.(5) The child care agency shall be fully responsible for the children during transportation on any vehicle which it operates, for which it contracts, or which is otherwise under its direction or control.(6) The child care agency shall maintain responsibility for all children until the children are signed off the vehicle by the parent/guardian or authorized individual.(7) Exceptions for Field Trips. (a) Child care agencies that are not licensed to transport on a regular basis may provide transportation for up to four (4) field trips per calendar year.(b) Drivers for these four (4) field trips shall comply with driving regulations that apply to all drivers in Tennessee:1. Proof of at least a valid Class D driver license;2. Proof of adequate insurance required by Tennessee law; and3. Vehicles shall have and use age-appropriate restraints for all adults and children being transported.(c) All rules regarding monitoring of children apply, except for the requirement of the vehicle to have a monitoring device.(d) Vehicle capacity and cargo rules shall be followed during these four (4) field trips.(e) Vehicles utilized for these four (4) field trips, which are designed to carry ten (10) or more passengers but which do not conform to all Federal Motor Vehicle Safety Standards (FMVSS) governing either "large" school buses or "small" school buses are prohibited.(f) Vehicles utilized for these four (4) field trips are not required to have signage required by 1240-04-01-.17(13).(8) Supervision of Children during Transportation. (a) An adult shall be in the vehicle whenever a child is in the vehicle.(b) An adult shall be seated behind the steering wheel if the motor is running and children are being loaded and/or are on board.(c) Adult Monitor Requirements. 1. An adult monitor, in addition to the driver, is required to be in the vehicle for transportation of four (4) or more children ages six (6) weeks through five (5) years of age, who are not in kindergarten.2. An adult monitor, in addition to the driver, is required to be in the vehicle on all routes exceeding thirty (30) minutes for children ages six (6) weeks through five (5) years of age who are not in kindergarten, regardless of the total number being transported.3. An adult monitor, in addition to the driver, is required to be in the vehicle for transportation of twenty (20) or more children ages five (5) years of age and older.4. An adult monitor, in addition to the driver, is required to be in the vehicle for transportation of four (4) or more non-ambulatory children (permanent or temporary) of any age.5. An adult monitor shall not be seated in the front passenger seat, but shall be seated in the vehicle in a position that allows each child's activities to be observed and that allows the monitor to respond immediately should there be an emergency.(9) Responsibility for Loading, Unloading and Accounting for Each Child.(a) Passenger Log:1. A passenger log provided by, or in a format approved by, the Department shall be used to account for each child during transportation.2. The first and last name of each child received for transport shall be recorded on the passenger log.3. Either the driver of the vehicle or the monitor shall be designated by the child care agency as the person responsible for completing the log.4. Passenger logs shall be maintained for one (1) year.(b) Loading Procedures:1. As each child is loaded onto the vehicle the time shall be recorded onto the passenger log.2. If the child was loaded from home, the parent/guardian or other authorized person will also sign the log indicating that the child was placed on the vehicle.(c) Unloading Procedures: 1. The individual designated by the child care agency as responsible for the log shall update it immediately upon the child being released from the vehicle. The log shall be updated by the designated staff member by:(i) Recording the time the child was released; and(ii) Initialing next to the time of release.2. The parent/guardian or other authorized person shall sign the log indicating that the child was released to them.(d) Confirming That Every Child Is Off of the Vehicle after Each Trip Destination1. Immediately upon unloading the last child the driver shall: (i) Physically walk through the vehicle;(ii) Inspect all seat surfaces, under all seats and in all compartments or recesses in the vehicle's interior;(iii) Sign the passenger log, with the driver's full name; and(iv) Give the passenger log to the reviewer.2. Reviewer responsibilities:(i) The child care agency shall designate a staff person as a reviewer to conduct an additional inspection once the vehicle has been unloaded.(ii) The reviewer shall: (I) Have no other responsibilities at the time of the vehicle inspection;(II) Physically walk through the vehicle;(III) Inspect all seat surfaces, under all seats and in all compartments or recesses in the vehicle's interior;(IV) Reconcile the passenger log with the child care agency's master sign-in and out sheet to verify that each child is off the vehicle and accounted for in the child care agency;(V) Sign the passenger log with the reviewer's full name; and(VI) Immediately notify the director or other individual designated in charge of any discrepancies between the passenger log and the master sign-in and out sheet.3. Additional responsibilities for a family or group home with a single educator:(i) In circumstances when an additional adult is not available the primary educator shall develop a Department-approved alternative system for ensuring that all children are off the vehicle.(e) Loading/Unloading Children at School. 1. When children are transported to school, they shall be released in accordance with the following procedures: (i) Children shall be unloaded only at the location designated by the school;(ii) Children shall be unloaded from the child care agency's vehicle only at the time the school is officially open with staff present to receive them;(iii) When possible, the driver/monitor shall watch the children who are unloaded from the vehicle walk through the entrance door designated by the school for the children;(iv) Any additional procedures established by the school shall be followed;(v) Passenger logs shall be completed in accordance with this Rule 1240-0401-.17.2. After all the children have been unloaded at school, the vehicle shall return to the child care agency for the vehicle inspection procedures outlined above.3. When children are picked up from school they shall be loaded on the vehicle at the location designated by the school. Passenger logs shall be completed in accordance with this Rule 1240-04-01-.17.4. The child care agency shall develop a written policy approved by the Department that contains procedures for the driver to follow in the event that a child scheduled to be picked up does not report to the vehicle.(f) Unloading Children at the End of the Day. If a vehicle does not return to the child care agency for the final inspection, the child care agency shall develop procedures approved by the Department, to: 1. Verify that all children are off the vehicle; and2. Verify that each child was released to the parent/guardian or authorized individual.(10) Transportation Staff Qualifications.(a) Driver Qualification. Except as provided in part 2., all drivers and monitors employed by the child care agency or provided through contract or otherwise, shall comply with all applicable transportation staff qualifications set forth in this chapter. Exception: Drivers providing transportation for up to four (4) off-site trips per year are only subject to the qualifications in 1240-04-01-.17(3)(h) 2.
(b) Documentation of all transportation staff qualifications, including a clearance letter from the Department that specifically states that the individual is clear to drive, shall be kept on file at the child care agency and be available to the Department upon request.(c) Driver License. At a minimum, the driver shall possess a current, valid Tennessee driver license with an "F" ("For Hire") endorsement or a valid driver license from the state of residence and recognized by the Department of Safety as meeting the minimum qualifications for transportation of children enrolled in the child care agency in the applicable type of vehicle in which the children are being transported.(d) Health Examinations for Drivers.1. The child care agency or the contractor shall maintain documentation, updated annually and signed by the examining licensed medical professional, verifying that the driver is physically, mentally and emotionally capable of safely and appropriately providing transportation for children.(e) Drug Screenings for Drivers. 1. Individuals, including contractors, shall pass a drug screening test no later than ten (10) days prior to assuming driving duties.2. At a minimum, the drug screening shall utilize a five (5) panel test as defined by this chapter.3. The child care child care agency shall immediately review the results.4. In the event of a positive drug screen result, the child care agency shall immediately: (i) Notify the Department and prohibit the individual from any duties involving any children; and(ii) Comply with a safety plan that excludes the individual from driving until the individual passes a drug screen test and is otherwise approved, in writing, by the Department, to provide driving duties.5. The child care agency shall be responsible for verifying that a contractor, or other person or entity providing transportation for compensation to the child care agency, has not employed or assigned any driving duties to any individual who fails to pass a drug screen as required by this subparagraph.6. Based upon reasonable suspicion, the Department may require that a driver to have a drug screening test. (i) If the results are positive for illegal drug use, such person shall be subject to a safety plan that excludes the individual from driving duties until the individual passes a drug screen test and is otherwise approved, in writing, by the Department, to provide driving duties.(f) Required Transportation Training.1. Prior to assuming their duties, and no less often than every six (6) months thereafter, all drivers, monitors and reviewers and persons who may become responsible at any time for transportation shall complete and have documented Department-recognized training in:(i) All Department transportation rules;(ii) The proper daily safety inspection of the vehicle as required by these rules;(iii) The proper use of child safety restraints required by these rules;(iv) The proper loading, unloading, and tracking of children as required by these rules;(v) The proper use of a bloodborne pathogen kit, first aid kit, and other required vehicle emergency equipment as required by these rules;(vi) The proper verification procedures for the evacuation of the vehicle based upon the type of vehicle and the ages of the children served; and(vii) The developmentally appropriate practices applicable to the behavior management and supervision of children during transportation.2. Driver/Monitor Training Requirements. (i) The child care agency shall maintain documentation of completion of any training and testing required, provided, or otherwise approved by the Department.(ii) All drivers and monitors shall obtain Department-approved annual training.(g) Emergency Aid Training. All drivers and monitors, or staff who may become responsible at any time for transportation, shall hold current certification in:1. Infant/Child Cardiopulmonary Resuscitation (CPR) or equivalent from the American Red Cross, the American Heart Association, or other certifying organization as recognized by the Department; and (i) The certification shall be applicable to the ages present on the vehicle:(I) Infant/Child CPR; and/or(II) Adult CPR if children over age twelve (12) are present.2. A first aid course from a certifying organization recognized by the Department. (i) The certification shall be applicable to the ages present on the vehicle:(I) Infant/Child first aid; and/or(II) Adult first aid if children over age twelve (12) are present.(h) The child care agency shall ensure that volunteers meet the requirements described in 1240-04-01-.17(3)(h) 2., and that any individuals who do not appear to be capable of driving for any reason, including, but not limited to, the use of alcohol or drugs, are not permitted to provide transportation for off-site trips.(11) Vehicle Requirements and Inspections.(a) The requirements of this paragraph do not apply to vehicles used exclusively for the provision of the allowed four (4) field trips as defined in 1240-04-01-.17(3)(h) 1.(b) The following equipment shall be maintained in the vehicle and stored in a manner which is not readily accessible to children: 1. Fire extinguisher - a pressurized UL approved dry chemical extinguisher with a minimum rating of 2A:10BC, equipped with a pressure gauge which indicates that the extinguisher is sufficiently charged;2. Emergency reflective triangles;4. Seat-belt cutter or similar device manufactured and designed to immediately release the vehicle's child restraint system(s) in an emergency;5. Bloodborne pathogenic clean-up kit; and(c) The driver or monitor assigned to the vehicle shall be familiar with the location and use of all equipment required under subparagraph (b) above.(d) The child care agency shall maintain documentation that:1. Maintenance of the vehicle used for the transportation of children has been performed by a certified mechanic in accordance with the maintenance schedule recommended by the vehicle manufacturer; and2. The vehicle has received regular inspections.(e) Vehicle Safety Standards. 1. All vehicles utilized by a child care agency which are designed to carry ten (10) or more passengers shall conform to all Federal Motor Vehicle Safety Standards (FMVSS) governing either "large" school buses or "small" school buses.(f) Vehicle Inspections. 1. All child care vehicles that are designed by the vehicle manufacturer to carry ten (10) or more passengers shall be inspected as required by the Department.2. With prior approval by the Department, a qualifying replacement vehicle may be used for up to fourteen (14) business days without inspection.(g) Vehicles that do not pass the inspections required shall not be used until necessary repairs have been made and approved in writing by the Department.(h) Capacity Limitations and Cargo Requirements. 1. The total number of adults and children in vehicles used for the transportation of children enrolled in the child care agency shall never exceed the manufacturer's rated passenger capacity.2. All cargo, luggage or equipment of any type shall be adequately secured at all times in such manner as to protect the passengers in case of accident or emergency maneuvers.(12) Passenger Safety Restraints. (a) The provisions of this paragraph apply to all transportation, including transportation used for field trips.(b) All vehicles shall have a rear seat that has been factory-installed or professionally-retrofitted. 1. The rear seat shall have factory-installed or professionally-retrofitted passenger restraint anchorages and passenger restraints as required by the provisions of this paragraph for the age and size of the passengers being transported and the type of vehicle being used.2. Passenger restraint devices which are designed by the manufacturer to be attached to the seat by the end-user, e.g., add-on restraint systems such as infant carriers and harness systems, are not required to be factory-installed.(c) All restraints shall be used in accordance with the restraint manufacturer's instructions and shall be secured to the vehicle in accordance with the vehicle manufacturer's and the restraint manufacturer's instructions.(d) Passenger air bags shall remain turned off unless an adult or a child fifteen (15) years of age or older is riding in the front passenger seat of the vehicle.(e) No child or adult shall ride on the floor of a vehicle.(f) No child shall be placed with another child in the same restraint device.(g) Children under four (4) years of age shall always be placed in a rear seat of the vehicle. For the purposes of this paragraph, a "rear seat" in any vehicle which is categorized as a "school bus" shall mean any passenger seat that has been factory-installed or professionally-retrofitted and that is located behind the bus driver or behind the bus entrance which is directly to the right of the bus driver.(h) All vehicles shall have qualifying restraints based upon the class of the vehicle in accordance with state and federal law.(i) Child Restraint Requirements under Applicable State or Federal Law. In addition to the requirements set forth in subparagraphs (a) through (h) above, all children shall be restrained in accordance with the requirements for child passenger restraint systems set forth in T.C.A. §§ 55-9-601-55-9-603 and any applicable federal law or regulation.(j) Adult Restraint Requirements. Adults shall be restrained in accordance with applicable state or federal law or regulation.(13) Vehicle Signage Requirements.(a) On each side of the vehicle the following information shall be displayed in a block font that is not less than one and one-half inches (1 1/2") in height: 1. The name of the child care agency and emergency contact phone number for the child care agency; and2. The words "Child Care Transportation Complaints" followed by the Department' s toll-free Child Care Complaint Hotline phone number.(b) On the rear of the vehicle the following information shall be displayed:1. The name of the child care agency and the words "Child Care Transportation Complaints" followed by the Department's toll-free Child Care Complaint Hotline phone number in black letters in a block font not less than one inch (1") in height. Exception: Display of the Complaint number is not required on passenger automobiles used for transportation by the child care agency with a manufacturer's rated seating capacity of six (6) or fewer passengers.
(c) Special Requirements for Centralized Transportation. Central transportation operations or any other entity that may own or operate more than one (1) child care agency and which may provide centralized transportation services for its child care agencies, and contractors, or other transportation service providers under the direction or control of the child care agency that may provide centralized transportation services to more than one child care agency, may substitute for the name and phone number of the child care agency the full name and emergency contact number of the central operator, contractor or other transportation service providers under the direction or control of the child care agency. If the name on the vehicle does not clearly designate the child care agency or entity as one providing child care transportation, language such as "Child Care Transportation Vehicle" or "Child Care Transportation Services", or similar language approved by the Department, shall be displayed on the vehicle in a manner that demonstrates, as determined by the Department, that the vehicle is providing child care transportation.(d) Exceptions to Vehicle Identification Requirements:1. Vehicles used exclusively for the provision of the allowed four (4) field trips as defined in 1240-04-01-.17(3)(h) 1.2. Vehicles used exclusively for the limited provision of emergency transportation, e.g., as a result of the mechanical breakdown of the regular child care vehicle.3. The Department may, in its discretion, waive the requirements of this paragraph (9) if circumstances clearly warrant such an exemption.Tenn. Comp. R. & Regs. 1240-04-01-.17
Original rules filed May 1, 2018; effective July 30, 2018. Amendments filed March 31, 2022; effective 6/29/2022.Authority: T.C.A. §§ 4-5-201, et seq.; 55-9-601 through 55-9-603; 71-1-105(a)(5); 71-3-501, et seq.; 71-3-502(a)(2); and 71-3-502(d)(7)(C)(iii); 49 C.F.R. §§ 571, et seq.; and 49 C.F.R. § 571.208.