Section 251.08. Transportation.

 

(1)   Applicability. This section applies to all center-provided transportation of children, including both regularly scheduled transportation to and from the center and transportation for field trips that are under the auspices of the center.

(2)   General.

(a) The center shall be responsible for a child between the time the child is placed in a vehicle until the child reaches his or her destination and is released to a person responsible for the child.

(b) The following emergency information shall be carried in the vehicle for each child transported:

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

2. The name, address, and telephone number of the child's physician or medical facility.

3. Written consent from the child's parent for emergency medical treatment.

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

(d) The center administrator shall submit a copy of any accident report to the department within 5 days after the occurrence of an accident involving a vehicle transporting children.

(3)   Driver.

(a) The driver of a center-provided vehicle shall be or have all of the following:

1. At least 18 years of age.

2. A valid Wisconsin operator's license for the type of vehicle driven.

3. At least one year of experience as a licensed driver.

(b) The licensee shall obtain a copy annually of the driving record for each driver of a center-provided vehicle and shall 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) A vehicle used to transport children shall be:

1. Registered in Wisconsin.

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

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

(b)

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

2. Each child who is at least 1 year of age 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.

3. Each child who is at least 4 years of age but less than 8 years, weighing not more than 80 pounds or taller than 4 feet 9 inches shall be properly restrained in a shoulder-positioning child booster seat when being transported in a vehicle as specified in s. 347.48 , Stats.

4. Each child who is not required to be transported in an individual child car safety seat or booster seat when being transported in a vehicle 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.

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

(c) Passenger doors shall be locked at all times when a vehicle transporting children is moving.

(d) Children under age 13 may not ride in the front seat of a vehicle.

(5)   Vehicle capacity and supervision.

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

(b) When children are transported in a vehicle, there shall be at least one adult supervisor in addition to the driver in either of the following circumstances:

1. There are more than 3 children who are either under 2 years of age or have a disability which limits their ability to respond in an emergency.

2. There are more than 10 children under 5 years of age in the vehicle.

(c) After transporting a child to his or her destination, an adult shall wait until the child enters the building or is in the custody of an adult designated by the parent, unless otherwise authorized by the parent of a school-age child.

(d) A seat in the vehicle shall be provided for each child. In a vehicle not required to have seat belts, the manufacturer shall determine the capacity of the vehicle.

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

(6)   Regularly scheduled transportation.

(a) When regularly scheduled transportation is provided by a center, the center shall maintain the following information in writing at the center and in each vehicle:

1. A list of children transported.

2. The transportation route and scheduled stops.

3. The name and address of the person authorized to receive a child if the child is dropped off at a place other than the child's residence.

4. Procedures to be followed when the parent or designated authorized adult is not at home to receive the child.

(b) The center shall maintain written safety precautions to be followed and implemented when transporting children with disabilities or children who have a limited ability to respond in an emergency.

(c) When transportation services are contracted or chartered, the name, address and telephone number of the contracting firm and the name of a representative of the firm who may be contacted after hours shall be on file at the center.

(7)   Center vehicles.

(a) A center-provided vehicle shall be in safe operating condition. Except for licensed contract motor carrier vehicles, the licensee shall provide the department evidence of the vehicle's safe operating condition at 12-month intervals on a form the department provides. Licensed contract motor carrier vehicles shall comply with all applicable standards for those vehicles.

(b) A center-provided vehicle, other than a licensed contract motor carrier, shall be equipped with a first aid kit.

(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.

Cr. Register, January, 1997, No. 493 , eff. 8-1-97; CR 03-052 : r. and recr. (3) and (7), am. (4) (b) and (5) (d), cr. (4) (d) Register December 2004 No. 588 , eff. 3-1-05; CR 07-102 : am. (1), (3) (b), (4) (d), (5) (b) 1. and (6) (b), r. and recr. (2) (a), cr. (3) (c), (4) (b) 2. to 5. and (5) (e), renum. (4) (b) to be (4) (b) 1. and am. 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 licensee may use either the department's form, Transportation Permission — Child Care Centers, or the licensee's own form 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 driver license records can be obtained by contacting the Department of Transportation at 608-261-2566 or http://www.dot.wisconsin.gov/drivers/drivers/points/abstract.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 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 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