Kan. Admin. Regs. § 28-4-593 - Program-sponsored transportation

(a) If the operator provides or arranges for transportation for children and youth to and from the premises or for program-sponsored activities, the operator shall ensure that prior written permission is obtained for each child or youth to be transported as specified in K.A.R. 28-4-582. The operator shall ensure that the authorization for emergency medical care for each child or youth is in the vehicle in which the children or youth are being transported or is immediately available to emergency personnel. If the operator is unable to obtain written permission or authorization for emergency medical care, the operator shall follow the plan approved by the secretary as specified in K.A.R. 28-4-582.

(b) Transportation safety.

(1) Each operator shall ensure that the following transportation safety requirements are met while transporting children or youth:

(A) No child or youth under 13 years of age shall be seated in the front seat of a vehicle that is equipped with a passenger air bag.

(B) No child or youth shall be transported in a trailer pulled by another vehicle, a camper shell, or a truck bed.

(C) Each vehicle that is owned or leased by the operator and is used to transport children or youth shall be maintained in safe operating condition and shall contain a first-aid kit.

(2) Each driver shall comply with the following safety requirements:

(A) Be 18 years of age or older, hold an operator's license of the type appropriate for the vehicle being used, and observe all traffic laws;

(B) not allow the capacity of the transporting vehicle to be exceeded;

(C) remove accumulated trash from the transporting vehicle daily;

(D) lock or have under control each vehicle door while the vehicle is in motion;

(E) maintain order in the vehicle and ensure that all parts of each passenger's body remain inside the vehicle at all times;

(F) not permit any child or youth to enter the vehicle from or exit the vehicle into a traffic lane;

(G) leave no child or youth unattended in the vehicle at any time and, when the vehicle is vacated, ensure that no child or youth is left in the vehicle;

(H) prohibit smoking in the vehicle while children or youth are in the vehicle;

(I) not use a cellular phone while the vehicle is in motion; and

(J) transport each child or youth directly to the location designated by the operator and make no unauthorized stops along the way except in an emergency.

(d) Vehicle seat belt restraints.

(1) Except as specified in paragraph (d)(2), each operator shall ensure that each driver and each child or youth uses an individual seat belt restraint and that no more than one child or youth is restrained in each seat belt.

(2) If buses of the type used by schools are used to transport children and youth and are not equipped with individual restraints, no operator shall be required to install individual restraints.

Notes

Kan. Admin. Regs. § 28-4-593

Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.