Section 29-378. TRANSPORTATION REQUIREMENTS

 

378.1Each Child Development Facility that owns, operates or maintains one or more motor vehicles used for transporting children shall comply with all applicable federal and District of Columbia laws and regulations governing the maintenance and operation of motor vehicles and the transportation of children.

 

378.2Each Facility that enters into a contract with another entity for the provision of transportation services shall obtain a signed attestation from the contractor entity that the transportation service complies with the requirements of this section and with all other applicable laws and regulations pertaining to the provision of transportation services.

 

378.3Each Facility shall establish and implement policies and procedures intended to ensure the safe transportation of children, including policies and procedures for the training and monitoring of all staff responsible for the transportation of enrolled children.

 

378.4The Facility's transportation policies and procedures shall address alternative transportation means to be employed if the Facility's primary vehicle breaks down or is otherwise unavailable for use.

 

378.5Before any child may be transported while under the care of the Facility, the Facility shall obtain written and signed permission from the child's parent(s) or guardian(s).

 

378.6Each Facility that owns, operates or maintains one or more motor vehicles used for transporting children shall label each such vehicle with the name and phone number of the Facility.

 

378.7Each Facility that owns, operates or maintains one or more motor vehicles used for transporting children shall maintain proof of current motor vehicle insurance coverage for each such vehicle, both on the Facility premises and inside the vehicle.

 

378.8Each Facility that owns, operates or maintains one or more motor vehicles used for transporting children shall ensure that only licensed drivers who are covered by the Facility's insurance policy operate any such vehicle when transporting enrolled children.

 

378.9Each Facility shall immediately notify the Director of any traffic accident involving children being transported while under the care of the Facility. The Facility shall also submit a written report to the Director, on a form approved by him or her, within twenty-four (24) hours of the accident, and shall include a copy of the police report regarding the accident, if available. Facilities that participate in the Child Care Subsidy Program shall also notify the Department of Human Services, as required by subsections 322.1(f) and 322.2 of this Chapter.

 

378.10Each Facility that owns, operates or maintains one or more motor vehicles used for transporting children shall ensure that each such vehicle is maintained in a clean and mechanically safe condition, as verified by a current inspection sticker from the District of Columbia Department of Motor Vehicles or the equivalent agency in another state and by the Facility's own maintenance records.

 

378.11Each Child Development Facility that owns, operates or maintains one or more motor vehicles used for transporting children shall maintain inspection and repair records for each such vehicle on file for at least twelve (12) months from the date of each inspection or repair. A person or entity that operates multiple Child Development Facilities may maintain all such records in a single administrative office.

 

378.12The Facility shall ensure that no staff member who has been convicted of Driving While Intoxicated (DWI), Driving Under the Influence of Alcohol or Drugs (DUI), or the equivalent, within the previous three (3) years, transports by motor vehicle any children enrolled at the Facility. The Facility shall also adopt and implement a policy prohibiting any other person, including a parent, guardian, and/or volunteer, who has been convicted of Driving While Intoxicated (DWI), Driving Under the Influence of Alcohol or Drugs (DUI), or the equivalent, within the previous three (3) years, from transporting by motor vehicle children enrolled at the facility, and shall advise all parents, guardians, and volunteers of this policy in writing.

 

378.13If the primary driver identified by a Facility becomes unavailable, the Facility shall identify and utilize a substitute driver who meets the requirements of this section.

 

378.14The Facility shall ensure that no driver smokes, wears headphones, uses a cellular phone or wears earphones while transporting enrolled children.

 

378.15The Facility shall ensure that each child transported in a personal motor vehicle while under the care of the Facility is properly restrained in an approved child safety restraint system and/or a seat belt, as required by applicable District of Columbia laws and regulations. The Facility shall also ensure that: each child under three (3) years of age is properly restrained in a child restraint seat; each child under eight (8) years of age is properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer's instructions; and each booster seat is used with both lap and shoulder belts.

 

378.16The Facility shall ensure that no child or staff member stands or sits on the floor of a vehicle while the vehicle is in motion, and that no child is held on another person's lap while the vehicle is in motion.

 

378.17The Facility shall ensure that all vehicle doors remain locked at all times except when staff and/or children are boarding or departing the vehicle.

 

378.18The Facility shall ensure that no child is left unattended in a vehicle at any time.

 

378.19The Facility shall maintain a safe vehicle loading and unloading area for children on or adjacent to the Facility premises.

 

378.20The Facility shall ensure that identification is securely attached to the person of each child participating on a field trip, and that the identification contains the Facility name, address, telephone number, and emergency contact telephone number if applicable.

 

378.21The Facility shall ensure that the following items are present in each vehicle when transporting children on field trips or other routine trips:

 

(a)A first-aid kit that meets requirements specified in section 369 of this Chapter;

 

(b)A working fire extinguisher;

 

(c)A supply of drinking water sufficient for all of the children in the vehicle;

 

(d)A minimum of two (2) large clean towels or blankets;

 

(e)Emergency contact information, and telephone numbers of the parent(s) or guardian(s), for each child in the vehicle;

 

(f)A copy of the signed Emergency Medical Treatment Authorization form, as required by section 324 of this Chapter, for each child in the vehicle;

 

(g)A cellular phone or a two-way radio;

 

(h)A working flashlight; and

 

(i)In the case of buses, vans, or other large vehicles, a footstool or equivalent aid sufficient to enable small children to safely board and disembark from the vehicle.

 

378.22The Facility shall ensure that at least one staff member trained and currently certified in First Aid and CPR for children is present in each vehicle when children are being transported.

 

378.23When a child with special needs is being transported in a wheelchair while under the care of a Child Development Facility, the Facility shall comply with the following additional safety requirements:

 

(a)The vehicle shall be equipped with a working wheelchair lift;

 

(b)The child's wheelchair shall be secured in the motor vehicle, using a minimum of four (4) anchorages attached to the floor of the vehicle, and four (4) securing devices, such as straps or webbing that have buckles and fasteners, which attach the wheelchair to the anchorages;

 

(c)The child shall be secured in the wheelchair by means of a wheelchair restraint that contains a combination of pelvic and upper body belts; and

 

(d)The child's wheelchair shall be placed in a position in the vehicle that neither prevents access to the child nor passage to the front and rear of the motor vehicle.

 

source

Final Rulemaking published at 54 DCR 003793 (April 27, 2007).