5101:2-12-18.1 Transportation/vehicle requirements for licensed child care centers.

(A) Requirements for center transportation vehicles.

(1) Effective January 1, 2017:

(a) Centers shall not be permitted to use converted cargo vans or passenger vans designed by the manufacturer to carry ten or more passengers.

(b) Vehicles used to transport children which are required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, must have factory installed passenger restraint anchorages and passenger restraints that are suitable for use in transporting children of any age who are to be transported. "Factory installed", means installed by the manufacturer or retrofitting that is accompanied by a certification document from the manufacturer. Add-on restraints such as infant carriers, car seats or booster seats are designed to be installed by the end user and are not subject to these requirements.

(2) Effective September 1, 2008:

(a) Centers that are issued a provisional license shall not be permitted to use converted cargo vans or passenger vans designed by the manufacturer to carry ten or more passengers when the license is issued. Vehicles used to transport children which are required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, must have factory installed passenger restraint anchorages and passenger restraints that are suitable for use in transporting children of any age who are to be transported. "Factory installed", means installed by the manufacturer or retrofitting that is accompanied by a certification document from the manufacturer. Add-on restraints such as infant carriers, car seats or booster seats are designed to be installed by the end user and are not subject to these requirements.

(b) Centers that replace or add a vehicle for use before January 1, 2017 shall not be permitted to use converted cargo vans or passenger vans designed by the manufacturer to carry ten or more passengers. This applies to all vehicles that are owned, leased or contracted. Vehicles used to transport children which are required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, must have factory installed passenger restraint anchorages and passenger restraints that are suitable for use in transporting children of any age who are to be transported. "Factory installed", means installed by the manufacturer or retrofitting that is accompanied by a certification document from the manufacturer. Add-on restraints such as infant carriers, car seats or booster seats are designed to be installed by the end user and are not subject to these requirements.

(B) All vehicles operated by the center or driven by the center staff, or vehicles used by contractors for transporting children for routine trips or field trips shall be mechanically safe and shall receive an annual safety check from an automotive service excellence (ASE) certified mechanic. A vehicle sticker issued from the Ohio state highway patrol indicating the vehicle has passed a school bus or personal vehicle inspection may be used to meet this requirement. School buses and multifunction school activity buses which are inspected and licensed by the Ohio state highway patrol are exempt from the annual safety check required in this rule.

(1) The safety check shall be completed and approved prior to the use of any vehicle for transporting children, except that a new vehicle purchased directly from the dealer shall have the safety check completed before one year from the date of purchase. The bill of sale from the vehicle purchase must be maintained on file at the center to verify compliance.

(2) Verification of the safety check shall be documented on the JFS 01230 "Vehicle Inspection Report" (rev. 9/2006). This verification shall include notation and correction of any safety violation and shall be maintained on file at the center for review by the department.

(C) For all vehicles used for transporting children, the center shall maintain and shall require providers of transportation services for children to maintain, documentation that staff have performed weekly inspections followed by any necessary repairs or other appropriate actions, for the following items:

(1) A visual inspection of the vehicle's tires for wear and adequate pressure.

(2) A visual inspection for working headlights and taillights, signals, mirrors, wiper blades and dash gauges.

(3) An inspection for properly functioning child and driver restraints.

(4) An inspection for properly functioning doors and windows.

(5) An inspection for, and cleaning of, debris from the vehicle's interior.

(D) School buses and multifunction school activity buses are not required to complete the inspections of paragraph (C) of this rule. They shall prepare the buses before each trip following the Ohio department of education's operational and safety rules of division 3301-83 of the Administrative Code.

(E) Emergency exiting procedures shall be practiced by all persons required to complete the driver transportation training requirement of paragraph (C)(2) of rule 5101:2-12-18.2 of the Administrative Code. The emergency exiting procedures shall be practiced with the children on a monthly basis. This practice shall occur during months that the vehicle is used for transporting children and shall take place on the center's premises or other safe location that is protected from traffic and other hazards to assure the safety of the children involved. A written record shall be kept of the dates when the emergency exiting procedure was practiced and the staff that were involved.

(F) Parents, who are not employed by the center, who use their vehicles for transportation to occasional field trips shall not have to meet the requirements of paragraphs (B), (C) and (E) of this rule. "Occasional" means three or fewer times per calendar year.

Effective: 09/29/2011
R.C. 119.032 review dates: 07/01/2015
Promulgated Under: 119.03
Statutory Authority: 5104.011
Rule Amplifies: 5104.011
Prior Effective Dates: 1/1/07, 7/1/2010,