Introduced By: Senators Cicilline, Coderre, Walton and Enos
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-22-10 and 31-22-11.6 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" are hereby amended to read as follows:
31-22-10. Regulation as to school buses. -- The registry of motor vehicles is hereby authorized to adopt such rules and regulations as it may deem necessary for the safety and protection of school children concerning the type, construction, and equipment of motor vehicles primarily used for the transportation of children to and from schools, and to and from child care facilities licensed by the department for children and their families, {ADD and to and from school sponsored activities including athletics and extra-curricular activities, ADD} and the operation thereof. It may from time to time alter, rescind, or add to the rules and regulations.
31-22-11.6. {DEL Child care vehicles. DEL} {ADD
-- Child care vehicles and school extra-curricular vehicles. ADD}--
(a) (1) Pursuant to section 31-22-10, the registry of motor vehicles
{DEL has promulgated DEL} {ADD is authorized to promulgate ADD}
rules and regulations concerning the type, construction, and equipment
of motor vehicles used for the transportation of children to and
from child care facilities {DEL . DEL} {ADD and to and from
school sponsored activities including athletics and extra-curricular
activities. ADD}
(2) {ADD For the purposes of this section, a school bus, as referred
to in section 31-1-3 of the general laws, is defined as a vehicle
which is used to carry children to or from school on school bound
routes at the outset of the children's school day and/or on home
bound routes at the end of the children's school day. For these
routes, a school bus must be used regardless of the number of
students being transported. For the purposes of this section,
school extra-curricular vehicles are defined as vehicles designed
to transport less than fifteen (15) students to and from school
sponsored activities including athletics, internships, work experiences,
and extra-curricular activities where school buses are not used
because of the small number of students being transported. ADD}
For the purpose of this section, a child care vehicle is defined
as a motor vehicle owned or leased by a licensed child care agency
that does not exceed fifteen (15) passengers and is being used
to transport children from schools to child care facilities and/or
from child care facilities to schools. Two (2) door sedans shall
not be considered child care vehicles {DEL . DEL} {ADD or
school extra-curricular vehicles. ADD}
(3) The registry of motor vehicles shall have the authority to suspend the registration of any vehicle used for child care transportation {ADD or school extra-curricular transportation ADD} that does not meet the following requirements:
(b) (1) Seating. - Adequate seating space for all passengers shall be provided. The maximum seating capacity of a child care vehicle {ADD or school extra-curricular vehicle ADD} shall be fifteen (15) persons, including the driver. No standing shall be permitted while the vehicle is in operation.
(2) Safety belts. - Safety belts shall be required for all passengers
riding in the child care vehicle {DEL . DEL} {ADD or school
extra-curricular vehicle. ADD}
(3) Vehicle registration. - All child care vehicles {ADD and school extra-curricular vehicles ADD} shall be registered as public vehicles.
(4) Vehicle inspection. - All child care vehicles {ADD and school extra-curricular vehicles ADD} shall be inspected for excessive emissions and/or safety items according to a staggered appointment schedule as determined by the director of administration, or his or her designee, and from time to time thereafter as may be required, and the vehicle owner shall display upon the vehicle the certificate of inspection and approval issued to the vehicle until the certificate shall expire.
(5) Inspector's rejection notice. - The director of administration, or his or her designee, may affix a notice of rejection to any vehicle that fails to pass the required inspection requirements. The rejection notice shall not be destroyed or removed from the vehicle until the vehicle has passed the inspection requirements, or its removal has been authorized by the director of administration or his or her designee.
(6) (i) Vehicle identification. - Any and all child care vehicles {ADD and school extra-curricular vehicles ADD} must have the name of the child care organization conspicuously placed on the side of the vehicle. The identification shall be required to possess two inch (2") letters, and be permanently affixed on the side of the vehicle.
(ii) Should any child care vehicle {ADD or school extra-curricular
vehicle ADD} be a leased vehicle, the vehicle shall forego the
requirement of having the name of the child care facility {ADD or
school ADD} permanently affixed to the side of the vehicle, but
instead may satisfy the identification requirement by placing
a magnetized sign naming the child care facility {ADD or school ADD}
or any other temporarily affixed apparatus; provided, however,
that the temporary identification sign not be interchanged, replaced,
or modified to change the purpose or function of the child care
vehicle {DEL . DEL} {ADD or school extra-curricular vehicle. ADD}
(7) Fire extinguisher. - (i) The child care vehicle {ADD or school extra-curricular vehicle ADD} shall be equipped with at least one pressurized, potassium bicarbonate base dry chemical-type fire extinguisher, mounted in the manufacturer's extinguisher bracket, and located in the driver's compartment in full view of and readily accessible to the driver. A pressure gauge shall be mounted on the extinguisher so as to be easily read without removing the extinguisher from its mounted position.
(ii) The fire extinguisher shall have a minimum capacity of not
less than two and a half pounds (21/2 lbs.)and be of a type approved
by the Underwriters Laboratories, Inc., with a rating of not less
than {DEL 10 B DEL} {ADD 10BC ADD}. The operating mechanism
shall be sealed with a type of seal that will not interfere with
use of the fire extinguisher.
(8) First-Aid kits. - Every child care vehicle {ADD or school extra-curricular vehicle ADD} shall be equipped with a first-aid kit mounted in an area accessible to the operator which consists of bandages, sterile pads, adhesive tape, and band-aids for use in the administration of first-aid treatment.
{ADD (9) All school extra-curricular vehicles purchased after January 1, 2000 shall further comply with regulations which the department of transportation is hereby authorized to promulgate which require such vehicles to meet applicable standards. The additional safety requirements of this subsection (9) shall, effective January 1, 2008, also apply to school extra-curricular vehicles in service prior to January 1, 2000, which are still in service after January 1, 2008. ADD}
SECTION 2. This act shall take effect upon passage.
