1. (a)

   1. (1) The requirements in this section apply to all transportation provided by the licensee, including transportation provided by any person on behalf of the licensee, regardless of whether the person is employed by the licensee.
   2. (2) Periodic transportation, such as a parent requesting that their child be picked up at school due to the parent’s work schedule or other conflicts, is also covered by these requirements, whether a fee is charged for this service or not.
2. (b) When participants are transported, emergency contact information shall be maintained on the vehicle at all times.

3. (c)

   1. (1) Staff transporting participants shall meet the following requirements:

      1. (A) Be at least twenty-one (21) years old or the minimum age required by the licensee’s commercial auto insurance;
      2. (B) Hold a current valid driver’s license or commercial driver’s license as required by state law, and a readable copy shall be maintained in the staff’s record; and
      3. (C)

4. (i) Successfully completed the training course in driver safety that is offered or approved by the Office of Early Childhood prior to transporting participants.

   1. (ii) Verification of the completed course in driver safety, when available, shall be maintained on-site in the staff’s record.

   2. (2) At least one (1) adult on the vehicle shall be certified in cardiopulmonary resuscitation and first aid.

      1. (d) The vehicle or vehicles used for the transportation of participants shall be in compliance with Arkansas state laws on transportation of participants.
5. (e) Vehicles shall be licensed and maintained in proper working condition including air conditioning and heating systems.

6. (f)

   1. (1) Commercial insurance coverage shall be maintained for any vehicle used for transportation by the facility.
   2. (2) Verification of commercial insurance coverage shall be provided to the childcare licensing specialist prior to transportation of participants.

   3. (3) Required coverage amounts to be maintained are:

      1. (A) Minimum coverage of one hundred thousand dollars ($100,000) combined single limit;
      2. (B) Minimum coverage of one hundred thousand dollars ($100,000) for both uninsured motorist and underinsured motorist; and
      3. (C) Minimum coverage of five thousand dollars ($5,000) personal injury protection for each passenger, based on the number of passengers the vehicle is manufactured to transport.
   4. (4) Exception. State institutions, political subdivisions, or other entities entitled to immunity from liability under Arkansas Code § 21-9-301 are not required to meet this requirement in order to be licensed.

7. (g)

   1. (1) During routine transporting of participants to and from an out-of-school time program, a ratio of one to eighteen (1:18) does not need to be maintained as long as there is one (1) additional adult present in the vehicle besides the driver.
   2. (2) When transporting participants for nonroutine purposes (ex. field trip) a ratio of one to eighteen (1:18) needs to be maintained at all times.
   3. (3) The driver may be counted in staff-to-participant ratio.

8. (h)

   1. (1) Any participant who is less than six (6) years old or weighs less than sixty pounds (60 lbs.) shall be restrained in a child passenger safety seat.
   2. (2) Any participant who is at least six (6) years or weighs at least sixty pounds (60 lbs.) must be restrained by a safety belt.

   3. (3)

      1. (A) Conventional school buses are exempt from this requirement except for the transportation of infants and toddlers.
      2. (B) See #1302.2.

   4. (4) Child passenger safety seats shall be used in accordance with manufacturer’s guidelines.

      1. (i) There shall be a seating space and an individual, appropriate restraint system provided for each participant transported.

9. (j)

   1. (1) Rosters listing the date, the names, and ages or dates of birth of all participants being transported as well as the name of the driver and any other staff member on the vehicle shall be maintained.
   2. (2) These rosters shall be used to check participants on and off the vehicle when they are picked up and dropped off at home, school, etc. and when they arrive at and leave the facility.
   3. (3) Transportation rosters shall be kept by the facility and available for review for one (1) year.

10. (k)

    1. (1) To ensure that no participants are left on the vehicle, the driver or a staff member must walk through the vehicle and physically inspect each seat before leaving the vehicle.

    2. (2) The driver or the staff member who conducted the walkthrough inspection must sign the transportation roster to verify that all participants have exited the vehicle.

       1. (l)
    3. (1) To ensure that participants have safely arrived in the appropriate program space, the transportation roster shall be reviewed by the director or designee and compared with attendance records.

    4. (2) The director or designee shall sign off on the transportation roster to verify that all participants have safely transitioned from the vehicle to the program.

       1. (m)
    5. (1) Any vehicles designed or used to transport more than seven (7) passengers and one (1) driver must have approved child safety alarm devices installed.
    6. (2) These devices must be properly maintained in working order at all times.
    7. (3) Vehicles in service at licensed facilities prior to July 1, 2005, shall have the alarm installed by a qualified technician or mechanic no later than December 31, 2005.
    8. (4) On or after July 1, 2005, all vehicles at newly licensed facilities and newly acquired vehicles at existing facilities shall have a child safety alarm installed before placing the vehicle in service.

11. (n)

    1. (1) The Child Care Licensing Unit shall maintain a list of approved alarm systems.

    2. (2) Clarification.

       1. (A)

          1. (i) The alarm system shall be installed so that the driver must walk to the very back of the vehicle to reach the switch that deactivates the alarm.
          2. (ii) Alarm switches installed in locations that do not require the driver to walk to the back of the vehicle and view all seating areas will not be acceptable.
       2. (B) The alarm system may be installed by any certified technician or mechanic employed by a recognized electronics or automotive business in accordance with the device’s manufacturer’s recommendations.
       3. (C) The time delay from activation of the alarm until the alarm sounds shall be no longer than one (1) minute.

       4. (D)

          1. (i)
12. (a) (a) Any of the following three (3) options are acceptable to meet the intent of Acts 2005, No. 1979, when participants are being delivered at the facility.

13. (b) (b) Other options must be approved by the licensing unit.

    1. (ii) Options.

14. (a)

    1. (1) (a)(1) Unload all of the participants, walk through the vehicle to ensure that no participants remain on board, and deactivate the alarm.
    2. (2) (2) This option will only work if you are able to unload all participants in less than one (1) minute.

15. (b)

    1. (1) (b)(1) Upon arrival, have one (1) staff member immediately walk through the vehicle to deactivate the alarm system.
    2. (2) (2) That staff member will remain near the alarm switch at the back of the vehicle until all participants have been unloaded to ensure that no participant is left on board.

    3. (3) (3) This option will require at least two (2) staff members:

       1. (A) (A) One (1) to supervise the participants; and

       2. (B) (B) One (1) to remain inside the vehicle.

          1. (c)
    4. (1) (c)(1) Upon arrival, deactivate the alarm and unload the participants.
    5. (2) (2) Immediately after unloading, start the vehicle and move it to a different location for final parking.
    6. (3) (3) This will reactivate the alarm and require a final walkthrough.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following at the end of subdivision (f)(4) of this section: "(Act 23 of 2015)". This section contained the following at the end of subdivision (h)(2) of this section: "(Act 470 of 2001)".