1. (1) Applicability. This section applies to transportation of residents by any of the following:

   1. (a) Center-owned or leased vehicles.
   2. (b) Vehicles driven by volunteers, student interns or center staff.
   3. (c) Center-contracted transportation.
2. (2) School buses. A school bus, as defined in s. 340.01 (56), Stats., that is used to transport residents shall be in compliance with ch. Trans 300.

3. (3) Driver information.

   1. (a) When a center provides transportation, the name of each driver, type of license held and the date of expiration of the license shall be on file at the center.
   2. (b) When a center contracts for transportation services, the center shall have on file the name, address and telephone number of the contracting firm and the name and home telephone number of a representative of the firm.

4. (4) Driver qualifications.

   1. (a) The driver of a center-operated or center-contracted vehicle shall hold a current valid operator’s license for the type of vehicle being driven, be at least 18 years of age and have one year of experience as a licensed driver.
   2. (b) A center shall obtain and keep on file before initial service and annually thereafter a copy of each center driver’s driving record.

   3. (c) Before a driver may transport residents, the center shall check the driver’s driving record for any reckless driving safety violation under s. 346.62, Stats., and for operation of a motor vehicle under the influence of an intoxicant or other drug under s. 346.63, Stats. A driver having a driving record with any of these violations in the last 12 months may not transport residents.

      Note: For a copy of a driver’s driving record, contact the Bureau of Driver Services, Department of Transportation, P.O. Box 7918, Madison, Wisconsin 53707.

5. (5) Vehicle capacity and supervision.

   1. (a) A center shall provide one adult supervisor in a vehicle in addition to the driver in either of the following circumstances:

      1. 1. When transporting more than 2 residents unable to take independent action and having limited ability to respond to an emergency.
      2. 2. When transporting a resident with a recent history of physically aggressive or acting out behavior.
   2. (b) A center vehicle may only carry as many passengers as the vehicle is rated for by the manufacturer.

6. (6) Vehicle.

   1. (a) Operation. A vehicle used to transport residents shall meet all of the following conditions:

      1. 1. Be in safe operating condition and carry vehicle liability insurance with minimums no less than those provided in s. 121.53 (1), Stats. Once a year for a vehicle 2 years of age or older, the licensee shall place on file evidence of the vehicle’s safe operating condition on a form provided by the department.

         Note: Form number CFS52, Vehicle Safety Inspection, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D.

      2. 2. Be registered in Wisconsin.
      3. 3. Carry emergency information such as local police and ambulance service phone numbers and phone numbers of center personnel to notify in case of accident.
      4. 4. Be clean, uncluttered and free of obstructions on the floors, aisles and seats.
      5. 5. Be enclosed.
      6. 6. Have a Red Cross-approved first aid kit.

   2. (am) Child safety seats. No licensee or person acting on behalf of a licensee may transport any resident under the age of 8 years or less than 80 pounds in weight in any private motor vehicle unless the following conditions are met, as required in s. 347.48 (4), Stats.:

      1. 1. Each resident who is less than one year old or who weighs less than 20 pounds being transported in a vehicle shall be properly seated and restrained in a rear-facing individual child car safety seat in the back seat of the vehicle.
      2. 2. Each resident who is at least one year old but less than 4 years old or who weighs at least 20 pounds but less than 40 pounds shall be properly restrained in a forward-facing individual child car safety seat in the back seat of the vehicle.
      3. 3. Each resident who is at least 4 years old but less than 8 years old, who weighs at least 40 pounds but not more than 80 pounds, or who is 4 feet 9 inches tall or less, shall be properly restrained in a shoulder-positioning child booster seat.
   3. (b) Seat belts. Each resident who is not required to be in an individual child car safety seat when being transported shall be properly restrained by a seat belt, except as provided in s. 347.48 (2m), Stats., and ch. Trans 315. Seat belts may not be shared.
   4. (c) Doors locked. Passenger doors shall be locked at all times when a vehicle transporting residents is moving.
   5. (d) No smoking. Smoking is prohibited in vehicles while transporting residents.
7. (7) Accident report. A center shall submit to the department a copy of the official police report of any accident involving a center vehicle transporting residents, within 5 days after occurrence of the accident.

History

History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; EmR1106: emerg. cr. (6) (am), r. and recr. (6) (b), eff. 9-16-11; CR 11-026: cr. (6) (am), r. and recr. (6) (b) Register December 2011 No. 672, eff. 1-1-12.