Kan. Admin. Regs. § 28-4-130 - Transportation
Current through Register Vol. 40, No. 39, September 30, 2021
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28-4-130. Transportation. (a) Facility-owned or leased vehicles.
(1) When a vehicle used for transportation of children is owned or leased by the facility, the driver shall be 18 years of age or older, and shall hold an operator's license of a type appropriate for the vehicle being used. Trailers pulled by another vehicle, camper shells or truck beds shall not be used for transportation of children.
(2)(A) Each transporting vehicle shall be maintained in safe operating condition.
(B) The transporting vehicle shall have a yearly mechanical safety check of tires, lights, windshield, wipers, horn, signal lights, steering, suspension, glass, brakes, tail lights, exhaust system, and outside mirror. A record of the date of the annual safety check and corrections made shall be kept on file at the facility.
(3) The vehicle shall be covered by accident and liability insurance in amount of not less than $100,000 for personal injury or death in any one accident, $300,000 for injury or death to two or more persons in any one accident; and $50,000 for loss to property of others.
(4)(A) Emergency release forms and health assessment records shall be in the vehicle when children are transported. Residential facilities shall be exempt from K.A.R. 28-4-130(a)(4)(A) unless children are being transported more than 60 miles from the facility, or if children are in emergency care.
(B) A first-aid kit shall be in the transporting vehicle and shall include band-aids of all sizes; adhesive tape; a roll of gauze; scissors; one package of 4X4 inch gauze squares; a cleansing agent; and one elastic bandage.
(5) Each vehicle shall be equipped with an individual restraint for each child as follows:
(A) An infant unable to sit up without support shall be provided with an infant car carrier which faces the rear.
(B) A child able to sit up without support shall be provided with one of the following restraints:
(i) A shield-type device;
(ii) a car seat facing the front that is designed to hold a child weighing up to 40 pounds; or
(iii) a safety harness.
(C) A child four years of age or older, or weighing 40 pounds or more, shall have a lap belt. Shoulder straps shall be used if they do not cross the child's neck or face.
(D) Not more than one child shall be restrained in each lap belt.
(E) Buses of the type used by schools shall not be required to be equipped with individual restraints if the buses are used to transport only school-age children.
(6) The safety of the children riding in the vehicle shall be protected as follows:
(A) All doors except the front door on the driver's side shall be locked while the vehicle is in motion.
(B) Discipline shall be maintained at all times.
(C) All parts of the child's body shall remain inside the vehicle at all times.
(D) Children shall neither enter nor exit the vehicle into a lane of traffic.
(E) Children under 10 years of age shall not be left in a vehicle unattended by an adult. When the vehicle is vacated, the driver shall make certain no child is left in the vehicle.
(F) Smoking in the vehicle shall be prohibited while children are being transported.
(G)(i) Day care facilities defined by K.S.A. 65-517, K.A.R. 28-4-113 and K.A.R. 28-4-420 shall maintain applicable staff/child ratios.
(ii) Residential facilities as defined by K.A.R. 28-4-268 and K.A.R. 28-4-311 shall maintain applicable staff/child ratios when children under six are being transported.
(H) The driver shall transport the child to the intended location, person, agency or institution as designated by the child's parent or legal guardian, or by the agency person in charge.
(b) Vehicles owned by staff or volunteers.
(1) When a vehicle used for transportation of children is owned by staff or volunteers the vehicle shall be covered by accident and liability insurance required by K.S.A. 40-3104 and 40-3118 and any amendments to it.
(2) Each such vehicle shall meet the requirements of K.A.R. 28-4-130(a)(1); (a)(2)(A); (a)(4)(A); (a)(5); and (a)(6)(A) through (H).
(c)(1) Each driver shall be informed of the provisions of K.A.R. 28-4-130.
(2) Paragraphs (A) through (H) of subsection (a)(6) of K.A.R. 28-4-130 shall be posted in the vehicle or given to the driver. (Authorized by and implementing K.S.A. 65-508; effective May 1, 1986; amended May 1, 1987; amended Feb. 26, 1990.)