(a) Policies and procedures.

1. (1) Transportation subcontractors must develop written policies and procedures that include operational procedures and general requirements pertaining to service provision.

2. (2) Procedures also must include:

   1. (A)

(c) (c) Other occurrence that could adversely affect the program.

1. (ii) The area agency on aging should be notified immediately of any such occurrence with a follow-up, in writing, to be received no later than three (3) working days after the occurrence; and

   1. (B) A system for subcontractors to encourage program contributions while maintaining confidentiality of contributors and amounts and ensuring that eligible persons will not be denied service because they do not contribute.

(b) Insurance coverage. Transportation subcontractors must:

1. (1) Comply with the following insurance requirements:

   1. (A)

      1. (i) Insurance coverage must be provided by a carrier with the Best's Insurance Reports rating of at least “A”, class size XII.
      2. (ii) The carrier should be licensed and admitted to do business in Arkansas; and
   2. (B) Liability limits must be equal to or exceed the minimum required by law, Arkansas Code § 27-22-104;
2. (2) Supply documentation that they carry insurance in the preceding amounts or produce a guarantee of equivalent coverage;
3. (3) Give immediate, or at least not to exceed, a thirty-day notice in the event of cancellation or material change in coverage; and

4. (4) Keep proof of liability insurance in the vehicle glove box in compliance with Arkansas Code § 27-22-103.

   1. (c) Driver selection.

5. (1) In addition to the general personnel selection procedures of the organization, selection of vehicle drivers must include:

   1. (A) Verifying that the applicant has a valid Arkansas driver's license;

   2. (B) Verifying that within the past three (3) years, the applicant has:

      1. (i) Had no more than one (1) moving traffic violation;
      2. (ii) Had no driving while intoxicated convictions; and
      3. (iii) Not been involved in any at-fault accidents; and

   3. (C)

      1. (i) Arranging for drug and alcohol testing for all drivers with commercial driver licenses operating commercial motor vehicles.
      2. (ii) This includes preemployment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing.

6. (2)

   1. (A) In addition, area agencies on aging and transportation subcontractors must comply with state and federal motor carrier safety regulations for each driver they select who:

      1. (i) Operates a commercial motor vehicle in interstate or intrastate commerce; and
      2. (ii) Is subject to commercial driver license requirements.

   2. (B)

      1. (i) The Federal Motor Carrier Safety Regulations Manual can be purchased from the Arkansas Motor Carrier Association.
      2. (ii) Controlled substance testing, driver qualification and record files, annual traffic violation record checks, and driver medical examiner's certificate are just a few of the regulations covered in the manual.
      3. (d) Driver license requirements and training.
7. (1) Before a new driver begins driving for the area agency on aging or transportation subcontractor under the transportation program, the area agency on aging or transportation subcontractor must certify that the vehicle driver is currently licensed for the type of vehicle to be driven in compliance with the Arkansas Uniform Commercial Driver License Act, Arkansas Code § 27-23-101 et seq.

8. (2) Driver license requirements.

   1. (A) Drivers of vehicles with a design capacity for fifteen (15) passengers or less must have a current Class D license.
   2. (B) Drivers of commercial motor vehicles must have a current commercial driver license of the appropriate class and endorsement (see definitions, 20 CAR § 430-1704).

9. (3) Training.

   1. (A) Before a new driver begins driving for the area agency on aging or transportation subcontractor under the transportation program, he or she must be fully briefed by the area agency on aging or transportation subcontractor about the transportation program, reporting forms, vehicle operation, and the geographic area in which they will operate their vehicles.
   2. (B) Drivers must be road tested by the area agency on aging or transportation subcontractor with each kind of vehicle to be driven before the driver begins driving for the area agency on aging or transportation subcontractor under the transportation program.

   3. (C) Before new drivers begin driving for the area agency on aging or transportation subcontractor under the transportation program, drivers must be trained by the area agency on aging or transportation subcontractor to use any special equipment installed on their vehicles such as:

      1. (i) Wheelchair lifts;
      2. (ii) Oxygen equipment; and
      3. (iii) Two­way radios.

   4. (D) Within the first year of employment, drivers must successfully complete:

      1. (i) The National Safety Council Defensive Driving Course;
      2. (ii) Driver's Education Program for Aging Transportation Systems; or
      3. (iii) An approved equivalent.
   5. (E) Within the first year of employment, drivers must successfully complete an approved course in first-aid training with certification kept up-to-date.

10. (4)

    1. (A) At the time of employment and annually thereafter, drivers must have a physical examination by a licensed physician as to their physical fitness and ability to safely operate a vehicle.

    2. (B)

       1. (i) A current physical examination must be kept on file for each driver.
       2. (ii) If approved by the area agency on aging, this may be done by a registered nurse.
11. (5) Documentation of valid driver's license for the type of vehicle to be driven and training must be maintained for all drivers.

(e) Driver evaluation.

1. (1) Transportation subcontractors must have a written plan for evaluating each driver's ability to transport the elderly and handicapped and for documenting performance.

2. (2) Evaluation methods must include at least the following:

   1. (A)

      1. (i) Annual observation, unless there is cause to justify more frequent observation, such as calls or reports of unsafe driving, of each driver's on-the-job performance.
      2. (ii) The supervisor should ride with the driver to observe his or her driving techniques; and

   2. (B)

      1. (i) Annual review of each driver's responsibilities and performance.
      2. (ii) As part of the annual review, drivers must receive an annual briefing which covers:

(b) (b) Reporting forms; and

1. (c) (c) Vehicle operation, including the operation of special equipment.

   1. (iii) It should be noted on the annual review that the driver was briefed on the transportation program.

(f) Driver responsibilities. Transportation subcontractors must establish driver responsibilities that include at least the following:

1. (1) Drivers will complete vehicle preoperational, maintenance, and safety check log as required in subdivision (g)(3)(E) of this section;

2. (2) Drivers will observe the following safety precautions:

   1. (A) Ensure that the vehicle interior is free of trash and other hazards;
   2. (B) Ensure that all passengers are seated before the vehicle is put into motion and remain seated while the vehicle is in motion;
   3. (C) Ensure that passengers, except those expressly excluded from statutory coverage, use and properly fasten seat safety belts in motor vehicles equipped with seat safety belts before vehicle is put into operation;
   4. (D) Not allow firearms;
   5. (E) Not allow alcoholic beverages in open containers;
   6. (F) Not allow animals in the vehicles, except for service dogs;
   7. (G) Ensure that all packages are safely stored before putting the vehicle in motion;
   8. (H) Assistance is offered to a passenger to enter and exit the vehicle;
   9. (I) Ensure that passengers enter and exit the vehicle in unobstructed and safe locations;
   10. (J) Use all necessary safety equipment (seat belts and tiedowns);
   11. (K) Observe all posted speed limits and modify driving according to weather hazards;
   12. (L) Not use alcohol prior to or while driving;
   13. (M) Not use any prescribed or patent medication that may impair driving ability prior to or while driving;
   14. (N) Refrain from smoking while in the vehicle; and
   15. (O) Help arrange escort assistance for a client requesting and in need of this service;

3. (3) Drivers are authorized to deny transportation to a service recipient attempting to board the vehicle who in the judgment of the driver:

   1. (A) Is intoxicated;
   2. (B) Is smoking;
   3. (C) Is too ill to be transported safely;
   4. (D) Refuses to use and properly fasten seat safety belt;
   5. (E) Demonstrates violent or unruly behavior; or
   6. (F) Insists on transporting prohibited items; and

4. (4)

   1. (A) Driver must report to the area agency on aging or transportation subcontractor any and all incidents of denial of services as soon as possible.
   2. (B) This can be reported verbally, to be followed up in writing to be received no later than three (3) working days after the occurrence.

(g) Maintenance and safety.

1. (1) Transportation subcontractors must implement and manage a maintenance program in accordance with the manufacturer's recommended maintenance schedule or an approved schedule based on actual operating conditions.

2. (2) Transportation subcontractors must provide the following safety equipment and items on each vehicle:

   1. (A)

      1. (i) First-aid kit.
      2. (ii) An example of Occupational Safety and Health Administration kit is attached, see Appendix A;
   2. (B) Approved United States Coast Guard fire extinguisher;
   3. (C) Triangular reflective warning devices;
   4. (D) Flashlight;
   5. (E) Chains or other traction aids, if vehicles are driven during hazardous winter driving conditions;
   6. (F) Accident report forms;
   7. (G) Heavy-duty jumper cables (optional);
   8. (H) Emergency numbers readily available for passengers and driver;
   9. (I) Regulatory signs regarding no smoking and seat safety belt use requirement;
   10. (J) Web cutter;
   11. (K) Spare tire; and
   12. (L) Jack.

3. (3) Transportation subcontractors must maintain a vehicle record file containing the following information:

   1. (A) Vehicle identification number;

   2. (B) Vehicle maintenance history including:

      1. (i) Type;
      2. (ii) Date performed; and
      3. (iii) Mileage;

   3. (C)

      1. (i) Vehicle accident/incident report listing:

(b) (b) Date;

1. (c) (c) Driver and passengers; and

   1. (d) (d) Addresses and telephone numbers, if not on file, of passengers.

      1. (ii) An example of a Motor Vehicle Accident Report is attached, see Appendix B;
   2. (D) Vehicle equipment check log verifying that special equipment has been checked according to the suggested schedule of the manufacturer, or at least semiannually; and

   3. (E)

      1. (i) Vehicle preoperational, maintenance, and safety check log recorded at the beginning of each work day and indicating relevant equipment is operational and the vehicle has not been damaged.
      2. (ii) Example of one is attached, see Appendix C.

2. (4)

   1. (A) Transportation subcontractors with commercial motor vehicles and those designed to carry sixteen (16) or more passengers, including the driver, must have an annual safety inspection on their commercial motor vehicles.
   2. (B) This inspection report should be on the Division of Arkansas State Police Commercial Motor Vehicle Inspection Report Form.
   3. (C) This completed form should be kept in the vehicle's glove compartment.

(h) Vehicle operation limitations. Vehicle operation should be subject to the following restrictions:

1. (1) All vehicles should be secured when not in service; and

2. (2) Vehicles purchased with federal or state funds must not be used for personal use.

   1. (i) Smoking policy. Transportation subcontractors must ensure that smoking will not be permitted on any vehicle used to provide transportation services and that signs prohibiting smoking will be prominently displayed in each vehicle.