§ 47.65 Transportation.
RCNY § 47.65
(a)Motor vehicles used to transport children to or from a program shall comply with all requirements of the New York State Department of Transportation specified in 17 NYCRR Part 720 or successor rule, and shall prominently display a current certificate of inspection issued by or on behalf of the State Department of Transportation, and shall be operated in accordance with all applicable law.
(b)A program that provides transportation facilities shall supervise the transportation so as to preserve the health, safety and comfort of the children.
(c)All children shall be secured in safety seats or by safety belts as appropriate for the age of the child in accordance with the requirements of the Vehicle and Traffic Law before any child may be transported in a motor vehicle where such transportation is provided for or arranged for by the operator.
(d)When transportation is provided by or on behalf of the program, the driver of the vehicle may not be included in the staff / child ratios.
(e)A transportation schedule shall be arranged so that no child will regularly travel more than one hour between his or her home and the place where the program is operated.
(f)Parental consent. The permittee shall obtain and maintain on file written consent from the parent or guardian for any transportation of children that is provided or arranged for by the permittee, including, but not limited to, trips to an offsite park, playground or library. The consent form shall include the child's name and age, the destination, mode of transportation, whether by motor vehicle, mass transit, walking, carriage, buggy, or on foot, and the maximum length of travel time and the types of activities children will engage in at the offsite location.
(g)Documentation of transfers. The permittee must supervise and document all transfers of children between the program and drivers of school buses and other vehicles provided by the program or by a transportation service under contract with the program and must incorporate its policies and procedures for transfers and transportation in the program's written safety plan. A permittee must be able to immediately verify that no child has at any time been left on a school bus, other vehicle or other means of transportation without appropriate adult supervision. At a minimum, the written safety plan must describe how the permittee will maintain the following minimum accountability procedures: (1) Transfer supervision, including name-to-face visual identification and confirmation for each child received from or delivered to a driver.
(2)Providing drivers with updated lists daily of the names and addresses of children who are scheduled to receive transportation services on each route, and completing and maintaining a daily log of children placed aboard vehicles for transport home. Such logs shall be kept on site and made available to the Department upon request.
(3)Drivers employed by the permittee or a transportation contractor must maintain a daily trip log with the names of the driver and other staff of the permittee or transportation service assigned to the vehicle to maintain supervision; the name, address, and contact information of the contractor transport service, if applicable; the name of each child and the times of entry and departure from the transport vehicle. A paper or electronic copy of the log must be given to the permittee when children arrive at the facility.
(4)Permittees must maintain all required records on site for at least six months and make such records available to the Department upon request. (Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
