Library: Policy

340:110-3-87. Transportation

Revised 6-1-22

(a) Driver qualifications. All drivers must:

(1) be at least 21 years of age;

(2) have an operator's license for the specific vehicle type and valid in the driver's state of residence;

(3) have no conviction of driving under the influence of alcohol or drugs or other impaired driving offense within the last five years; and

(4) when driving a vehicle designed to transport ten or more passengers, complete training specific to the vehicle's safe operation within three months of providing child transportation.

(b) Written permission. The primary caregiver maintains written transportation permission from the parent or guardian.

(d) Records. The driver is provided the names of children being transported and a method to contact children's parents or guardians in case of an emergency.

(e) Passenger restraints and seating. Children remain properly secured in a child passenger restraint system, such as car or booster seat or individual seat belt, per Section 11-1112 of Title 47 of the Oklahoma Statutes (47 O.S. § 11-1112). Children do not share a seat belt.

(1) The car and booster seats are:

(A) federally approved;

(B) installed, per manufacturer's instructions;

(D) properly maintained, such as not expired or previously involved in a vehicle accident.

(2) Each seat belt:

(A) is properly anchored to the vehicle; and

(B) fits the child appropriately.

(3) Children 12 years of age and younger are prohibited from sitting in the front seat of an airbag equipped passenger vehicle unless an airbag cut off switch is installed and activated or when the vehicle has airbags equipped with weight sensitive devices. If a child 12 years of age or younger must be placed in front of an air bag, because all other positions are taken, it must be a child whose age and weight requires a forward facing harness seat.

(4) Adult passengers, including the driver, remain properly secured in an individual seat belt unless unable due to medical reasons documented by a licensed physician.

(5) Vehicle maximum capacity and seating space, per manufacturer's designations, is not exceeded.

(6) Children are not transported in vehicles or parts of vehicles not designed for transporting individuals, such as truck beds, campers, and trailers.

(f) Vehicle requirements. All vehicles used to transport children are maintained in a safe operating condition and meet all applicable state laws. Vehicles have:

(1) door locks. Vehicle door locks are activated when the vehicle is moving;

(2) a first aid kit, per Oklahoma Administrative Code (OAC) 340:110-3-86.1(k); and

(3) an operable heater maintaining an interior temperature of at least 65 degrees Fahrenheit; and

(4) a ventilation system, such as air conditioning or operable windows.

(g) Supervision and safety. Supervision and safety requirements are met.

(1) Children are never left unattended.

(2) Before leaving the vehicle, the caregiver conducts vehicle inspections to ensure no children are remaining.

(3) An operable phone is in each vehicle transporting children.

(4) While transporting children, drivers do not use a phone or wireless communication device, including hands-free technology:

(A) when the vehicle is in motion, with the exception of a navigational system or global positioning system device; and

(B) unless emergency communication is necessary and the vehicle is secured in park before devices are used.

(5) Tobacco or simulated tobacco use is prohibited while transporting children.

(6) Safe conduct to and from vehicles and safe off-street loading space is provided to protect children from:

(A) backing vehicles;

(B) being between vehicles; and