Transportation

Transportation. (1) Applicability. (a) Except as provided in par. (b) , this section applies to all transportation of children in care, including both regularly scheduled transportation to and from the center and field trip transportation, if any of the following apply: 1. The licensee owns or leases the vehicle used. 2. The licensee contracts with another person or organization that owns or leases the vehicle used. 3. Employees, parents, or volunteers are transporting children other than their own at the direction of, at the request of, or on behalf of the licensee. (b) The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers who are not counted in the staff-to-child ratios specified in Table DCF 250.055: 1. The requirement that a licensee obtain a copy of the driver’s driving record and review it under sub. (4) (c) . 2. The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub. (5) (b) . 3. The requirements related to child care vehicle safety alarms under sub. (8) . (c) The licensee shall document in the licensee’s policies that transportation provided through a written or verbal contract with another person or organization meets the requirements of this section. (2) Permission and emergency information. Before transporting a child, a licensee shall obtain signed permission from the parent for transportation and emergency information for each child. The form shall include all of the following information: (a) The purpose of the transportation and the parent’s permission to transport the child for that purpose. (b) An address and telephone number where a parent or other adult can be reached in an emergency. (c) The name, address, and telephone number of the child’s health care provider. (d) Written consent from the child’s parent for emergency medical treatment. (3) Required information for each trip. The licensee shall ensure that written documentation of all of the following is maintained at the center and in any vehicle transporting children while the children are being transported: (a) A list of the children being transported. (b) A copy of the completed permission and emergency information form under sub. (2) for each child being transported. (c) For transportation to or from a child’s home or school, the transportation route and scheduled stops. (4) Driver. (a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid driver’s license from the state where the driver resides and for the type of vehicle driven. (b) Before a driver who is not the licensee first transports children and annually thereafter, the licensee shall provide the driver with an orientation. The licensee shall document the training. The training shall include all of the following: 1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat. 2. The procedure for loading, unloading, and tracking of children being transported. 3. The procedure for evacuating the children from a vehicle in an emergency. 4. Behavior management techniques for use with children being transported. 5. A review of applicable statutes and rules affecting transportation of children. 6. A review of applicable center policies. 7. First aid procedures. 8. A review of child abuse and neglect laws and center reporting procedures. 9. Information on any special needs a child being transported may have and the plan for how those needs will be met. 10. A review of the use of the vehicle alarm, if applicable. 11. Any other job responsibilities as determined by the licensee. (c) 1. Prior to the day a driver first transports children in care and annually thereafter, the licensee shall obtain a copy of the driving record for each driver and 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. 2. In determining whether a driver may pose a threat to the children, the licensee shall consider the totality of the driver’s record, any other relevant facts, and the following factors in combination: a. The seriousness of any accidents or violations. b. The amount of time that has passed since an accident or violation occurred. c. The number of accidents or violations. d. The likelihood that a similar incident will occur. 3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children. (d) 1. Except as provided in subd. 2. , a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children, except when the vehicle is out of traffic, not in operation, and any of the following applies: a. The phone or device is used to call 911. b. The phone or device is used to communicate with emergency responders. c. The phone or device is used to communicate with the center regarding an emergency situation. 2. A navigation device may be used during transportation of children if the device is programmed to a destination when the vehicle is out of traffic and not in operation. (5) Vehicle. (a) The licensee shall ensure that each vehicle that is used to transport children is all of the following: 1. Registered with the Wisconsin department of transportation or the appropriate authority in another state. 2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats. 3. In safe operating condition. (b) At 12-month intervals, the licensee shall provide the department with evidence of a vehicle’s safe operating condition on a form provided by the department. (c) The licensee shall obtain and maintain vehicle liability insurance with minimums no less than those specified in subch. VI of ch. 344 , Stats. (d) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300 . (e) At least once per year, the licensee shall make available to the department each vehicle that is required to have a child safety alarm under sub. (8) (a) to determine whether the child safety alarm is in good working order.