Section 252.09. Transportation.

  The following requirements apply to all camp-provided transportation of children, including both regularly scheduled transportation to and from the camp and field trip transportation:

(1)   General.

(a) The camp shall assume responsibility 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.

(c)

1. Whenever the camp contracts with a firm for the provision of transportation, the camp shall ensure that the firm complies with all applicable requirements of this subsection.

2. When services for transportation are contracted, 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 camp.

(d) When children are transported in school buses as defined in s. 340.01 (56) , Stats., the school buses shall comply with ch. Trans 300 .

(e) When regularly scheduled transportation is provided by the camp, the name of each driver, type of license held and the date of expiration of the license shall be on file at the camp.

(f) The camp shall maintain a written plan for regularly scheduled transportation of children between the children's homes or camp pick-up and drop-off locations and the camp, which shall include:

1. A list of children transported and the method of taking daily attendance;

2. The transportation route and scheduled stops;

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

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

(g) The camp shall have written safety precautions to be followed when transporting children with disabilities or children who have a limited ability to respond to an emergency.

(h) The following information shall be carried in the vehicle for each child being 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.

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

(2)   Driver.

(a) The driver of a vehicle used to transport children enrolled in the camp shall have a valid Wisconsin operator's license for the type of vehicle being driven.

(b) The camp shall have a copy of the driver's driving record on file before that person may drive a camp-provided vehicle. The licensee shall annually obtain and review each driver's 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) The driver of a vehicle shall be at least 18 years of age and have at least one year of experience as a licensed driver.

(3)   Vehicle.

(a) All vehicles used to transport children shall be registered by the state of Wisconsin.

(b) All vehicles used to transport children shall be in safe operating condition, and at 12-month intervals the licensee shall provide the department with evidence of the vehicle's safe operating condition on a form provided by the department.

(c) Vehicles used to transport children shall be equipped with a first aid kit.

(d) All vehicles shall be clean, uncluttered, and free of obstructions on the floors, aisles and seats.

(e) All vehicles shall be enclosed. Children may not be transported in a truck except in the cab.

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

(g)

1. Each child under 4 years of age or who weighs less than 40 pounds being transported in a vehicle shall be properly restrained in a forward-facing child car safety seat as specified in s. 347.48 , Stats.

2. 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 before being transported in a vehicle as specified in s. 347.48 , Stats.

3. Each child not required to be transported in an individual child car safety seat or booster seat shall be properly restrained by a seat belt. Each adult in a vehicle shall be properly restrained by a seat belt. Seat belts may not be shared.

(h) Doors shall be locked at all times when the vehicle is moving.

(i) A copy of any accident report shall be submitted to the department within 5 days after the occurrence of an accident involving a vehicle transporting children.

(4)   Vehicle capacity and supervision.

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

(b) 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 have a disability or limited ability to respond to an emergency.

(c) There shall be at least one adult supervisor in addition to the driver when there are more than 10 children under 5 years of age in the vehicle.

(d) There shall be at least one adult supervisor in addition to the driver when there are more than 17 children 5 years and older in the vehicle.

(e) After transporting a child to his or her destination, the driver shall wait until the child enters the building or is in the hands of an adult designated by the parent, unless otherwise authorized by the parent.

(f) A seat shall be provided for each child. In a vehicle not required to have seat belts, the camp shall follow the manufacturer's recommendation regarding the capacity of the vehicle.

(g) The driver or adult supervisor shall be responsible for seeing that children remain seated while the vehicle is in motion.

(h) Children under age 13 may not ride in the front seat.

(i) The camp shall implement a procedure to ensure that all children exit the vehicle after transportation to a destination.

(5)   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 base camp.

History: Cr. Register, October, 1984, No. 346 , eff. 11-1-84; correction in (1) (h) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 07-102 : am. (intro.), (1) (a), (e), (f) (intro.), 2., (g), (2) (a), (c), (3) (a) to (c), (f), (4) (b) and (e), r. (1) (b), (2) (b) 1. and 2., renum. (1) (c), (h), (2) (b) (intro.) and (3) (g) to be (1) (c) 1., (h) (intro.), (2) (b) and (3) (g) 1. and am., cr. (1) (c) 2., (h) 1. to 3., (3) (g) 2. and 3., r. and recr. (4) (f), (h) and (i) Register December 2008 No. 636 , eff. 1-1-09; CR 14-028 : cr. (5) Register July 2016 No. 727 , eff. 8-1-16.

Note

The licensee may use either the department's form, Child Care Center Transportation Permission, or the licensee's own form to obtain consent of the child's parent for emergency medical treatment. Forms may be obtained from 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 calling the Department of Transportation at 608-261-2566 or via the Internet at http://www.dot.wisconsin.gov/drivers/drivers/points/abstract.htm . Microsoft Windows NT 6.1.7601 Service Pack 1 Form, Vehicle Safety Inspection, may be obtained from the department's website at http://dcf.wisconsin.gov or from any regional office listed in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 The licensee may use either the department's form, Alternate Arrival/Release Agreement — Child Care Centers, or the licensee's own form for securing the parent's signed authorization. Information on how to obtain the department's form is on the department's website at http://dcf.wisconsin.gov or from any regional 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