Ariz. Admin. Code § 9-5-517

Current through Register Vol. 30, No. 40, October 4, 2024

Section R9-5-517 - Transportation

A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:

1. Obtain dated, written permission from the enrolled child's parent before the licensee transports the enrolled child;

2. Maintain written permission required in subsection (A)(1) on facility premises for 12 months after the date on the written permission;

3. Ensure that the motor vehicle is registered by the Arizona Department of Transportation as required by A.R.S. Title 28, Chapter 7;

4. Maintain documentation of current motor vehicle insurance coverage inside the motor vehicle;

5. Contact the Department no later than 24 hours after a motor vehicle accident that occurs while transporting an enrolled child;

6. Submit a written report to the Department within seven calendar days after a motor vehicle accident that occurs while transporting an enrolled child;

7. Not permit an enrolled child to be transported in a truck bed, camper, or trailer attached to a motor vehicle;

8. Use a child passenger restraint system, as required by A.R.S. § 28-907, for each enrolled child who is:

a. Under eight years of age, and

b. Not more than four feet nine inches tall.

;

9. Ensure that the motor vehicle has:

a. A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air temperatures are below 60° F;

b. Except as provided in subsection (E), a working air-conditioning system capable of maintaining a temperature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F;

c. Except as provided in subsection (F), a first aid kit that meets the requirements of R9-5-514(A);

d. Two large, clean towels or blankets; and

e. Sufficient drinking water available to meet the needs of each enrolled child in the motor vehicle and sufficient cups or other drinking receptacles so that each enrolled child can drink from a different cup or receptacle;

10. Ensure that the motor vehicle is:

a. Maintained in a clean condition,

b. In a mechanically safe condition, and

c. Free from hazards; and

11. Maintain the service and repair records of the motor vehicle as follows:

a. A person operating a single child care facility shall maintain the service and repair records for at least 12 months after the date of an inspection or repair in a single location on facility premises;

b. A public or private school that uses a school bus, as defined in A.R.S. § 28-101, shall maintain the service and repair records for the school bus as provided in A.A.C. R17-9-108(F); and

c. A school governing board, charter school, or person operating multiple child care facilities shall maintain the service and repair records for any motor vehicle other than a school bus for at least 12 months after the date of an inspection or repair in a single administrative office located in the same city, town, or school attendance area as the facility.

B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child:

1. Is 18 years of age or older;

2. Holds a valid driver's license issued by the Arizona Department of Motor Vehicles as prescribed by A.R.S. Title 28, Chapter 8;

3. Carries a list stating the name of each enrolled child being transported and a copy of each enrolled child's Emergency, Information, and Immunization Record card including the attached immunization record or exemption affidavit, in the motor vehicle;

4. Requires that each door be locked before the motor vehicle is set in motion and keeps the doors locked while the motor vehicle is in motion;

5. Does not permit an enrolled child to be seated in front of a motor vehicle's air bag;

6. Requires that each enrolled child remain seated and entirely inside the motor vehicle while the motor vehicle is in motion;

7. Except as provided in subsection (E), requires that each enrolled child be secured in a seat belt before the motor vehicle is set in motion and while the motor vehicle is in motion;

8. Does not permit an enrolled child to open or close a door or window in the motor vehicle;

9. Sets the emergency parking brake and removes the ignition keys from the motor vehicle before exiting the motor vehicle;

10. Ensures that each enrolled child is loaded into or unloaded from the motor vehicle away from moving traffic at curbside or in a driveway, parking lot, or other location designated for this purpose; and

11. Does not use audio headphones or a telephone while the motor vehicle is in motion.

C. When transporting an enrolled school-age child in a motor vehicle, a licensee shall ensure that the staff-to-children ratios required in R9-5-404(A) are met. A motor vehicle driver may be counted in the staff-to-children ratio, when transporting an enrolled school-age child in a motor vehicle, if the motor vehicle driver meets the qualifications of a teacher-caregiver.

D. When transporting an enrolled child who is not school-age in a motor vehicle, a licensee shall ensure that the staff-to-children ratios required in R9-5-404(A) are met. A motor vehicle driver may be counted in the staff-to-children ratio, when transporting an enrolled child who is not school-age in a motor vehicle, only if four or fewer enrolled children are being transported and the motor vehicle driver meets the qualifications of a teacher-caregiver.

E. A licensee who is transporting an enrolled child in a commercial vehicle, as defined in A.R.S. § 28-1301, is exempt from the provisions in subsections (A)(9), (A)(10)(b), and (B)(7).

F. A licensee who is transporting an enrolled child in a school bus, as defined in A.R.S. § 28-101, is exempt from the provision in subsection (A)(10)(c) and shall comply with A.A.C. R17-9-110.

Ariz. Admin. Code § R9-5-517

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 1086, effective May 5, 2007 (Supp. 07-1). Amended by exempt rulemaking at 16 A.A.R. 1564, effective September 30, 2010 (Supp. 10-3). Amended by final expedited rulemaking at 24 A.A.R. 3429, effective 12/5/2018.