New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.6 - Transportation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The program
			   must obtain written consent on forms furnished by the office or approved
			   equivalents from the parent of the child for any transportation of the children
			   in care at the center, provided or arranged for by the program.
(b) When transportation is provided or
			   arranged for by the program, parents must be informed when the person who or
			   vendor that is providing transportation changes.
(c) Parents must be informed of and agree to
			   a transportation plan before a child can be transported by the
			   program.
(d) A child must never be
			   left unattended in any motor vehicle or other form of transportation. The
			   program must develop and follow procedures to guarantee no children are left
			   alone on a bus, vehicle or other transportation modes without adult supervision
			   at any time, including insuring all children have departed the
			   vehicle.
(e) Each child must board
			   or leave a vehicle from the curb side of the street.
(f) All children must be secured in child
			   safety seats properly installed per manufacturers recommendations, or with
			   safety belts, as appropriate for the age of the child in accordance with the
			   requirements of the Vehicle and Traffic Law, before any child may be
			   transported in a motor vehicle where such transportation is provided or
			   arranged for by the program.
(g)
			   Programs that offer transportation services either directly or by contract with
			   a third party must ensure that drivers and vehicles meet all Department of
			   Motor Vehicles and Department of Transportation requirements.
(h) Drivers must be 18 years of age or older
			   and hold a current valid license to drive the class of vehicle they are
			   operating.
(i) Any motor vehicle,
			   other than a public form of transportation, used to transport children in care
			   at the center must have a current registration and inspection
			   sticker.
(j) Parents whose children
			   receive transportation services must receive, at the time of enrollment of
			   their children, a copy of the program's transportation plan. If the plan is
			   amended, parents must receive a copy of the amended plan prior to its start
			   date.
(k) No person transporting
			   child care children shall operate a motor vehicle while using a mobile phone,
			   or other electronic communication device, including hands-free devices. All
			   communications made or received by the driver while the motor vehicle is in use
			   for the transportation of child care children must be made from a legally
			   permitted parked position off the road.
(l) The program must openly display its daily
			   transportation schedules.
(m) When
			   transportation is provided by the child day care center, the driver of the
			   vehicle may not be included in the supervision ratio except when the only
			   children being transported are enrolled in kindergarten or a higher
			   grade.
(n) Child care programs are
			   prohibited from transporting child care children in a vehicle built to hold
			   more than 10 passengers, including the driver, unless the vehicle: meets the
			   National Highway Traffic Safety Administration definition of a school bus or a
			   multifunction school activity bus; complies with the National Highway Traffic
			   Safety Administration Federal Motor Vehicle Safety Standards applicable to a
			   school bus or multifunction school activity bus; and is inspected per New York
			   State Department of Transportation rules and regulations.