14 Del. Admin. Code § 934-III-46.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 934-III-46.0 - Transportation46.1 A licensee shall ensure the driver and vehicle used to transport children complies with all applicable federal, State and local laws. If transporting children in a vehicle that is owned or leased by the licensee, the licensee shall have documentation of motor vehicle insurance. A licensee may not use 12-15 passenger vans to transport children. Passenger includes the driver. Use of a vehicle, other than a school bus, with a rated capacity as defined by the manufacturer, to carry more than 10 passengers in addition to the driver to transport children is prohibited.46.2 A licensee shall ensure the driver of a vehicle does not transport more children and adults than the vehicle's capacity determined by the manufacturer.46.3 A licensee shall ensure the vehicle is inspected for safety before transporting children.46.4 A licensee shall ensure each child is secured in an individual safety restraint system appropriate to the age, weight, and height of the child at all times while the vehicle, other than a school bus, is in motion.46.4.1 Safety restraints must be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard.46.4.2 Child safety restraints must be installed and used as determined by the manufacturer and vehicle's instruction manual.46.4.3 Safety restraints must be kept in a safe working condition and free of recall.46.5 A child preschool-age or younger must only be transported on a school bus that is properly equipped with child safety restraints.46.5.1 With written parent or guardian permission, a child preschool-age or younger may be transported on a school bus unrestrained.46.5.2 A licensee shall explain to parents or guardians in writing that while child safety restraints on school buses for children preschool-age or younger are not currently required by State law, the National Highway Traffic Administration recommends that children in this age group always be transported using child safety restraints.46.6 A licensee shall ensure vehicles used to transport children, including parent or guardian vehicles used for field trips (unless only transporting parent/guardian's own children), have and use the following:46.6.1 A working heater capable of keeping an interior temperature of at least 50°F;46.6.2 Air-conditioning to reduce the interior temperature when it exceeds 82°F (school buses are exempt);46.6.4 A traveling first aid kit including children's emergency contact information; and46.6.5 A dry chemical fire extinguisher approved by Underwriters Laboratory.46.7 A licensee shall ensure children are loaded and unloaded at the vehicle's curbside or in a protected parking area or driveway.46.8 A licensee shall ensure all doors are locked when the vehicle is moving.46.9 A licensee shall have written parent or guardian permission for transportation provided by the home. A licensee shall document arrangements with the parent or guardian including the pickup and drop off times when driving a child to and from the child's school. A licensee shall inform the parent or guardian of the person or transportation service who is driving the vehicle and ask about special needs the child may have during the ride. 46.10 A licensee shall ensure children are never alone in the vehicle and that the vehicle is visually checked at the final location so that no child is left behind.46.11 A licensee may not transport children in the open back of a truck.14 Del. Admin. Code § 934-III-46.0
24 DE Reg. 272 (9/1/2020)
24 DE Reg. 677 (1/1/2021)
25 DE Reg. 1017 (5/1/2022) (Final)