Current through Register Vol. 54, No. 7, April 4, 2022
vehicle used under the auspices of the facility in transporting individuals
shall be properly registered, inspected, and insured in accordance with New
Jersey State motor vehicles laws and rules.
1. The licensee shall maintain or document
valid liability insurance on all vehicles used to transport
2. The interior of
each vehicle shall be maintained in a clean, safe condition and shall be free
of obstacles obstructing clear passage to operable doors.
3. All items maintained in the vehicle,
including, but not limited to, first aid kits, fire extinguishers and snow
tires shall be securely fastened at all times.
The vehicle operator shall operate the
vehicle in a safe manner at all times by abiding by all laws pertaining to
motor vehicle safety, including posted speed limits, cautions, and all other
1. The vehicle operator
shall not be permitted to operate a facility vehicle when a physical or mental
impairment compromises his or her ability to operate a vehicle safely. This
includes, but is not limited to illness, injuries, vision problems, emotional
distress, or medication side effects. The Department may require the facility
to obtain a second opinion regarding the fitness of a vehicle
2. The vehicle operator
shall not operate a vehicle while under the influence of drugs and/or alcohol.
This includes prescribed medications and over-the-counter medications that warn
against operating machinery while taking such medication.
3. The vehicle operator shall conduct a
visual safety check of the vehicle before each trip to inspect for obvious
safety hazards including mirrors, directional signals, seat belts, child
passenger restraint systems, booster seats, wheelchair tie-downs and other
safety related equipment. Unsafe vehicles shall be reported to the appropriate
facility maintenance authority and shall be immediately repaired or removed
from use until all necessary repairs are completed.
4. The vehicle operator and all passengers
shall use a properly adjusted and fastened seat belt system, child passenger
restraint system or booster seat system at all times while in transit. All
safety mechanisms in vehicles used to transport individuals in wheelchairs
shall be employed at all times.
Before departure, the vehicle operator shall ensure that all passengers are
secured safely in the vehicle by seat belt, child passenger restraint system,
or booster seat system. The vehicle shall not be in motion without passengers
being properly secured in their seats.
6. No vehicle operator shall use a hand-held
communication device while the vehicle is in motion. Vehicle operators shall
pull to the side of the road to a safe location to respond to or to make a
vehicle shall be inspected prior to the expiration date on the registration
(d) The vehicle shall be
serviced according to manufacturer's recommendations.
Each vehicle operator acting on behalf of
the facility shall be properly licensed to operate the class of vehicle used in
transporting individuals, and such license status shall be routinely updated.
1. No person shall transport individuals
without a driver's license valid in the State of New Jersey.
2. A vehicle operator who transports
individuals in vans seating 15 or more passengers shall have a commercial
driver's license current and valid in the State of New Jersey.
3. No vehicle operator with more than five
points shall operate a facility owned/leased vehicle. It shall be the
responsibility of the vehicle operator to advise the designated facility staff
of the status of the vehicle operator's license. Vehicle operators with five or
more points shall be required to reduce their points to less than five points
within 30 days of such notification either by standard point reduction or by a
New Jersey Motor Vehicle Commission approved point reduction program.
(f) Vehicle occupancy shall not
exceed the number of properly operating seat belts and the vehicle's rated
The facility shall
provide sufficient supervision in each vehicle used by the facility to
1. No individual whose
IDT has determined that being left unattended in a vehicle would present a
danger to him or her shall be left without direct supervision by facility staff
in a vehicle at any time.
individual shall remain in a vehicle that does not have the air conditioning on
when the outside temperature exceeds 80 degrees Fahrenheit or in a vehicle that
does not have the heater on when the outside temperature falls below 40 degrees
3. No vehicle shall be
left running and unattended at any time.
4. No individual shall be locked in a vehicle
at any time when facility staff are not physically present in the
5. No facility staff shall
transport individuals in the staff person's personal vehicle.
(h) Vehicles used to transport
individuals with physical disabilities shall be adapted to their
The following additional
transportation arrangements shall be required for facilities serving
1. A hydraulic
lift that also provides for manual usage shall be provided in all vehicles,
except automobiles, used to transport nonambulatory individuals;
2. Wheelchairs shall be properly tied down,
using the appropriate securement points, while individuals who use wheelchairs
are in the vehicle; and
arrangement of the wheelchairs shall provide aisle space and shall not impede
access to the exit doors of the vehicle.
(j) The facility shall ensure that each
individual is provided with transportation in order to implement the
individual's IHP and in case of emergency.
All vehicles used under facility auspices
to transport individuals shall have the following, which shall be properly
secured in or on the vehicle, as appropriate:
1. Emergency equipment that shall include a
spare tire, jack and at least three portable red reflector warning
A first aid kit to
ii. Rolled gauze bandages;
iii. Sterile gauze bandages;
iv. Adhesive paper or ribbon tape;
vi. Adhesive bandages (for example,
vii. CPR mask;
viii. Vinyl gloves;
3. Snow tires, all-weather tires,
or chains when weather conditions dictate their use; and
4. A 10:BC dry chemical fire