(a) (1) Pursuant to § 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 childcare facilities and to and from school sponsored activities including athletics and extracurricular activities.
(a) (2) (i) For the purposes of this section, "school bus," as referred to in § 31-1-3, 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 §§ 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 extracurricular 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 extracurricular activities where school buses are not used because of the small number of students being transported.
(iii) For the purpose of this section, "childcare vehicle" is defined as a motor vehicle owned or leased by a licensed child daycare center 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 childcare facilities and/or from childcare facilities to schools or other activities of the child daycare center. Two (2) door sedans shall not be considered childcare vehicles or school extracurricular vehicles.
(iv) For the purposes of this section, a "Family childcare home vehicle" is defined as a motor vehicle owned or leased by a family daycare 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 childcare home and/or from the childcare home to schools or to other activities of the childcare home.
(b) The division of motor vehicles shall have the authority to suspend the registration of any vehicle used for childcare transportation or school extracurricular 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 childcare vehicle and school extracurricular 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 childcare vehicle and school extracurricular vehicle.
(3) Vehicle registration. All childcare vehicles and school extracurricular vehicles shall be registered as public vehicles.
(4) Vehicle inspection. All childcare vehicles and school extracurricular 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.
(b) (6) (i) Vehicle identification. Any and all childcare vehicles and school extracurricular vehicles must have the name of the childcare 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 childcare home vehicles shall be exempt from the vehicle identification requirements of this section.
(ii) Should any childcare vehicle and school extracurricular vehicle be a leased vehicle, the vehicle shall forego the requirement of having the name of the childcare 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 childcare 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 childcare vehicle and school extracurricular vehicle.
(b) (7) (i) Fire extinguisher. The childcare vehicle and school extracurricular 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 (2½ lbs.) and be of a type approved by the Underwriters Laboratories, Inc., with a rating of not less than ten (10) B:C. The 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 childcare vehicle, family childcare home vehicle and school extracurricular 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, for use in the administration of first-aid treatment. In addition, every childcare vehicle, family childcare home vehicle and school extracurricular vehicle shall be equipped with a bodily fluid spill kit and every childcare vehicle and school extracurricular vehicle shall be equipped with an approved emergency airway kit.
(9) Each childcare 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 Rhode Island chauffeur's license and shall have passed a written test as may be prescribed by the 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 extracurricular 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 extracurricular vehicles in service prior to January 1, 2000, which are still in service after January 1, 2008.
History of Section.
P.L. 1989, ch. 188, § 1; P.L. 1999, ch. 424, § 1; P.L. 1999, ch. 514, § 1; P.L. 2004, ch. 6, § 16; P.L. 2007, ch. 185, § 2; P.L. 2007, ch. 207, § 2; P.L. 2008, ch. 98, § 18; P.L. 2008, ch. 145, § 18; P.L. 2011, ch. 151, art. 10, § 4; P.L. 2013, ch. 280, § 1; P.L. 2013, ch. 345, § 1.