Section 250.08. Transportation.

 

(1)   Applicability. This subsection applies to all center-provided transportation of children in care, including both regularly scheduled transportation to and from the center and field trip transportation.

(2)   Emergency information. All of the following emergency information shall be carried in the vehicle for each child transported:

(a) An address and telephone number where a parent or other adult can be reached in an emergency.

(b) The name, address and telephone number of the child's health care provider.

(c) Written consent from the child's parent for emergency medical treatment.

(3)   Driver.

(a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid Wisconsin operator's license for the type of vehicle driven.

(b) The licensee shall obtain a copy of the driving record for each driver annually and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.

(c) A driver whose driving record poses a threat to the children may not transport children.

(4)   Vehicle.

(a) The licensee shall ensure that each vehicle, including a licensed contract motor carrier vehicle, such as a hired school bus, that is used to transport children is all of the following:

1. Registered with the Wisconsin department of transportation.

2. Clean, uncluttered and free of obstruction on the floors, aisles and seats.

3. Enclosed. Children may not be transported in a truck except in the cab.

4. In safe operating condition.

(b) At 12-month intervals the licensee shall provide the department with evidence of a vehicle's safe operating condition on a form provided by the department.

(c) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300 .

(5)   Seat belts.

(a) Each child who is less than 1 year of age or who weighs less than 20 pounds being transported in a vehicle shall be properly seated and restrained in a rear-facing individual child car safety seat when being transported in a vehicle as specified in s. 347.48 , Stats.

(b) Each child who is at least one year old but less than 4 years of age or who weighs at least 20 pounds but less than 40 pounds shall be properly restrained in a forward-facing individual child car safety seat when being transported in a vehicle as specified in s. 347.48 , Stats.

(c) Each child who is at least 4 years old but less than 8 years of age, who weighs less than 80 pounds or who is 4 feet 9 inches tall or less shall be properly restrained in a shoulder-positioning child booster seat when being transported in a vehicle as specified in s. 347.48 , Stats.

(d) Each child who is not required to be in an individual child car safety seat or booster seat required under par. (a) , (b) or (c) when being transported shall be properly restrained by a seat belt. Each adult in the vehicle shall be properly restrained by a seat belt. Seat belts may not be shared.

(e) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer's specifications.

(6)   Vehicle capacity and supervision.

(a) Children may not be left unattended in a vehicle.

(b) Children under age 13 years who are in the care of the center may not ride in the front seat of a vehicle.

(c) When children are transported in a vehicle, there shall be at least one adult supervisor in addition to the driver whenever there are more than 3 children who are either under 2 years of age or who have a handicap which limits their ability to respond to an emergency.

(d) After transporting a child to his or her destination, an adult shall ensure the child is in the custody of a provider, a parent, or other adult designated by the parent. A parent of a school age child may authorize a child to enter a building unescorted.

(e) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.

(7)   Smoking. Smoking is prohibited in the vehicle while children are being transported.

(8)   Child care vehicle safety alarm.

(a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

1. The vehicle is owned or leased by a licensee or a contractor of a licensee.

2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.

3. The vehicle is used to transport children in care.

(b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.

History: CR 03-052 : cr. Register December 2004 No. 588 , eff. 3-1-05; CR 07-102 : renum. (3) and (5) to be (3) (a) and (5) (a) and am., cr. (3) (b), (c), (5) (b), (c), (d), (e) and (6) (e), r. and recr. (4), am. (6) (b) Register December 2008 No. 636 , eff. 1-1-09; CR 14-028 : cr. (8) Register July 2016 No. 727 , eff. 8-1-16.

Note

The department's form, Transportation Permission — Child Care Centers, may be used to obtain parental consent for transportation when regularly scheduled transportation between the center and the child's residence or other location is provided. Information on how to obtain a copy of the department form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The licensee must use the department's form, Child Care Enrollment, to obtain consent of the child's parent for emergency medical treatment. Information on how to obtain the department's form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on how to obtain driving records may be obtained by contacting the Department of Transportation at [phone] or http://www.dot.wisconsin.gov/drivers/drivers/points/abstract2.htm . Microsoft Windows NT 6.1.7601 Service Pack 1 The department's form, Vehicle Safety Inspection, is used to record evidence of the vehicle's safe operating condition. Information on how to obtain a copy of the department's form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 Form, Transportation Permission — Child Care Centers, may be used to designate an adult to receive a child being transported. Information on how to obtain a copy of this form is available on the department's website, http://dcf.wisconsin.gov , or from any regional licensing office in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on the required vehicle safety alarm is available in the "child care licensing/information for providers" section of the department website at http://dcf.wisconsin.gov . Microsoft Windows NT 6.1.7601 Service Pack 1