Chapter 345
2013 -- S 1013
Enacted 07/15/13
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES
Introduced By: Senator Elizabeth A. Crowley
Date Introduced: June 20, 2013
It is enacted by the General
Assembly as follows:
SECTION 1. Section 31-22-11.6 of the General Laws in Chapter
31-22 entitled
"Miscellaneous
Rules" is hereby amended to read as follows:
31-22-11.6.
Child care vehicles and school extra-curricular vehicles.
-- (a) (1)
Pursuant to section 31-22-10, the division of motor
vehicles is authorized to promulgate rules and
regulations concerning the type, construction, and equipment of
motor vehicles used for the
transportation of children to and from child care facilities and to
and from school sponsored
activities including athletics and extra-curricular activities.
(2) (i) For the purposes of this section, "school
bus", as referred to in section 31-1-3(v),
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 or a pupil
transportation vehicle as set forth in sections
31-22.1-1 and 31-22.1-2 must be used regardless of the
number of students being transported.
(ii) For purposes of
this section, "school extra-curricular vehicles" is defined as
vehicles
designed to transport fewer 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.
(iii) For the purpose
of this section, "child care vehicle" is defined as a motor vehicle
owned or leased by a licensed child day care center
agency as defined in subdivisions 42-72.1-
2(6) and 42-72.1-2(11), 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 or other
activities of the child day care center. Two (2) door sedans shall not be considered child
care
vehicles or school extra-curricular vehicles.
(iv)
For the purposes of this section, a "Family child care home
vehicle" is defined as a
motor vehicle owned or leased by a family day care home
provider as defined in subdivision 42-
72.1-2(10) or an assistant to that licensed provider, that
does not exceed fifteen (15) passengers
and is used to transport children from schools to the
family child care home and/or from the child
care home to schools or to other activities of the child
care home.
(b) The division of
motor vehicles shall have the authority to suspend the registration of
any vehicle used for child care transportation or school
extra-curricular transportation that does
not meet the following requirements:
(1) Seating. - Adequate
seating space for all passengers shall be provided. The maximum
seating capacity of a child care vehicle and school
extra-curricular vehicle 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 and school extra-curricular vehicle.
(3) Vehicle
registration. - All child care vehicles and school extra-curricular vehicles
shall be registered as public vehicles.
(4) Vehicle inspection.
- All child care vehicles and school extra-curricular vehicles shall
be inspected for excessive emissions and/or safety items
according to a staggered appointment
schedule as determined by the director of revenue, 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 revenue, 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 revenue
or his or her designee.
(6) (i) Vehicle identification. - Any
and all child care vehicles and school extra-
curricular vehicles 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. Family child
care home vehicles shall be exempt
from the vehicle identification requirements of this
section.
(ii) Should any child
care vehicle and school extra-curricular vehicle be a leased vehicle,
the vehicle shall forego the requirement of having the name
of the child care facility or school
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 or school or any other
temporarily affixed apparatus; provided, that the temporary
identification sign not be
interchanged, replaced, or modified to change the purpose or
function of the child care vehicle
and school extra-curricular vehicle.
(7) (i) Fire extinguisher. - The child
care vehicle and school extra-curricular vehicle 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 (2 1/2 lbs.) and be of a type approved by the
Underwriters Laboratories, Inc., with a rating
of not less than ten (10) BThe
operating mechanism shall be sealed with a type of seal that will
not interfere with use of the fire extinguisher.
(8) First-Aid, Airway,
and Bodily Fluid Spill kits. - Every child care vehicle, family
child care home vehicle and school extra-curricular vehicle 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, as well as an approved Emergency
Airway Kit, for use in the administration
of first-aid treatment. In addition, every child care
vehicle and child care vehicle, family child
care home vehicle and school extra-curricular vehicle shall be equipped with a bodily fluid
spill
kit and every child care vehicle and school
extracurricular vehicle shall be equipped with an
approved emergency airway kit.
(9) Each child care
center vehicle and school extracurricular vehicle shall also have an
audible door alarm and an audible back up alarm.
(10) All persons
operating a pupil transportation vehicle to convey children shall hold a
department of motor vehicles. In addition, all such persons who
operate a pupil transportation
vehicle to convey children shall submit to a national and
statewide criminal and driving record
background check by the hiring agency.
(11) School
extra-curricular vehicles purchased after January 1, 2000 shall further
comply with regulations which the division of motor vehicles
is authorized to promulgate which
require these vehicles to meet appropriate safety standards.
The additional safety requirements of
this subsection 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.
SECTION 2. This act shall take effect upon passage.
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LC02768
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