Section R9-5-517. Transportation

A.      A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:

1.        Obtain dated, written permission from the enrolled child’s parent before the licensee transports the enrolled child;

2.        Maintain written permission required in  subsection (A)(1) on facility premises for 12 months after the date on the written permission;

3.        Ensure that the motor vehicle is registered by the Arizona Department of Transportation as required by A.R.S. Title 28, Chapter 7;

4.        Maintain documentation of current motor vehicle insur- ance coverage inside the motor vehicle;

5.        Contact the Department no later than 24 hours after a motor vehicle accident that occurs while transporting an enrolled child;

6.        Submit a written report to the Department within seven days after a motor vehicle accident that occurs while transporting an enrolled child;

7.        Not permit an enrolled child to be transported in a truck bed, camper, or trailer attached to a motor vehicle;

8.        Use a child passenger restraint system, as required by

A.R.S. § 28-907, for each enrolled child who is younger than five years old;

9.        Except as provided in subsection (E), use an adjustable lap belt or an integrated lap and shoulder belt for each enrolled child who is five years old or older;

10.     Ensure that the motor vehicle has:

a.        A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air tempera- tures are below 60° F;

b.        Except as provided in subsection (E), a working air- conditioning system capable of maintaining a tem- perature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F;

c.        Except as provided in subsection (F), a first aid kit that meets the requirements of R9-5-514(A);

d.        Two large, clean towels or blankets; and

e.        Sufficient drinking water available to meet the needs of each enrolled child in the motor vehicle and suffi- cient cups or other drinking receptacles so that each enrolled child can drink from a different cup or receptacle;

11.     Ensure that the motor vehicle is:

a.        Maintained in a clean condition,

b.        In a mechanically safe condition, and

c.        Free from hazards; and

12.     Maintain the service and repair records of the motor vehi- cle as follows:

a.        A person operating a single child care facility shall maintain the service and repair records for at least 12 months after the date of an inspection or repair in a single location on facility premises;

b.        A public or private school that uses a school bus, as defined in A.R.S. § 28-101, shall maintain the ser- vice and repair records for the school bus as pro- vided in A.A.C. R17-9-108(F); and

c.        A school governing board, charter school, or person operating multiple child care facilities shall maintain the service and repair records for any motor vehicle other than a school bus for at least 12 months after the date of an inspection or repair in a single admin- istrative office located in the same city, town, or school attendance area as the facility.

B.       A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child:

1.        Is 18 years of age or older;

2.        Holds a valid driver’s license issued by the Arizona Department of Motor Vehicles as prescribed by A.R.S. Title 28, Chapter 8;

3.        Carries a list stating the name of each enrolled child being transported and a copy of each enrolled child’s Emer- gency, Information, and Immunization Record card including the attached immunization record or exemption affidavit, in the motor vehicle;

4.        Requires that each door be locked before the motor vehi- cle is set in motion and keeps the doors locked while the motor vehicle is in motion;

5.        Does not permit an enrolled child to be seated in front of a motor vehicle’s air bag;

	6.     Requires  that  each  enrolled   child  remain  seated  and		3.     Maintain the written permission in subsection (A)(1) and
	entirely inside the motor vehicle while the motor vehicle		written field trip plan in subsection (A)(2) on facility
	is in motion;		premises for 12 months after the date of the field trip.
	7.     Except as provided in subsection (E), requires that each	B.	A licensee shall ensure that a staff member taking enrolled
	enrolled child be secured in a seat belt before the motor		children on a field trip carries the following on the field trip:
	vehicle is set in motion and while the motor vehicle is in		1.     A copy of the Emergency, Information, and Immuniza-
	motion;		tion Record card including the attached immunization
	8.     Does not permit an enrolled child to open or close a door		record or exemption affidavit, of each enrolled child par-
	or window in the motor vehicle;		ticipating in the field trip;
	9.     Sets the emergency parking brake and removes the igni-		2.     A copy of the written field trip plan required in subsec-
	tion keys from the motor vehicle before exiting the motor		tion (A)(2);
	vehicle;		3.     A  list stating   the name of each  participating  enrolled
	10.   Ensures   that  each  enrolled  child  is  loaded  into  or		child; and
	unloaded from the motor vehicle away from moving traf-		4.     Sufficient water to meet the needs of each enrolled child
	fic at curbside or in a driveway, parking lot, or other loca-		participating in the field trip.
	tion designated for this purpose; and	C.	A staff member shall verify the presence of each enrolled child
	11.   Does not use audio headphones or a telephone while the		and place a checkmark next to the enrolled child’s name on the
	motor vehicle is in motion.		list required in subsection (B)(3) for each enrolled child who is
C.	When transporting an enrolled school-age child in a motor		present at the following times:
	vehicle, a licensee shall ensure that the staff-to-children ratios		1.     At the beginning of the field trip or when boarding the
	required in R9-5-404(A) are met. A motor vehicle driver may		motor vehicle,
	be counted in the staff-to-children ratio, when transporting an		2.     Upon arrival and each hour while at the field trip destina-
	enrolled school-age child in a motor vehicle, if the motor vehi-		tion,
	cle driver meets the qualifications of a teacher-caregiver.		3.     When preparing to leave the field trip destination or when
D.	When transporting an enrolled child who is not school-age in a		boarding the motor vehicle to return to the facility, and
	motor vehicle, a licensee shall ensure that the staff-to-children		4.     When reentering the facility at the conclusion of the field
	ratios required in R9-5-404(A) are met. A motor vehicle driver		trip.
	may be counted in the staff-to-children ratio, when transport-	D.	A licensee shall ensure that each enrolled child participating in
	ing an enrolled child who is not school-age in a motor vehicle,		a field trip is wearing in plain view a written identification
	only if four or fewer enrolled children are being transported		stating the facility’s name, address, and telephone number.
	and the motor vehicle driver meets the qualifications of a	E.	A licensee shall also ensure that each enrolled child is wearing
	teacher-caregiver.		out of view a written identification stating the enrolled child’s
E.	A licensee who is transporting an enrolled child in a commer-		name.
	cial vehicle, as defined in A.R.S. § 28-1301, is exempt from	F.	If a licensee uses a motor vehicle volunteered by a parent or
	the provisions in subsections (A)(9), (A)(10)(b), and (B)(7).		other individual for a field trip, a licensee shall determine
F.	A licensee who is transporting an enrolled child in a school		before the field trip begins that the motor vehicle is in compli-
	bus, as defined in A.R.S. § 28-101, is exempt from the provi-		ance with R9-5-517(A)(3) and (4) and that the motor vehicle
	sion in subsection (A)(10)(c) and shall comply with A.A.C.		driver is in compliance with R9-5-517(B)(1) and (2).
	R17-9-110.	G.	When six or more enrolled children are participating in a field
	Historical Note		trip, a licensee shall ensure that a teacher-caregiver and at least
	Adopted effective December 12, 1986 (Supp. 86-6). Sec-		one additional staff member are present on the field trip.

tion repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 13

A.A.R. 1086, effective May 5, 2007 (Supp. 07-1). Amended by exempt rulemaking at 16 A.A.R. 1564,

effective September 30, 2010 (Supp. 10-3).