Child care transportation vehicle requirements [Jan. 2012]

DE TH

OF PU

PARTMENT

The Georgia Department Of Public Health

FACT SHEET

BLIC HEAL
CHILD CARE TRANSPORTATION VEHICLE REQUIREMENTS

It is important to note that Child Care Providers compliance of the new law is effective July 1, 2012.

Exempt from Car Seat / Booster Seat Requirement

NOT Exempt (see details below)

Standard School Bus

12 to 15 Passenger Van

Multi-Function School Activity Bus (MFSAB)

Shuttle Bus (does not meet School Bus Standards)

For "Traditional" 12 or 15 Passenger Vans and Shuttle Buses All children under age 8 must be in a car seat or booster seat All children age 8 and older must be in seat belts
For School Buses and Multi-Function School Activity Buses (MFSAB) Children must be in a seat belt per child care licensing regulations
Car seats or booster seats are not required by law; however 127(,QWKH1DWLRQDO+LJKZD\7UDIF6DIHW\$GPLQLVWUDWLRQ
(NHTSA) issued the, "Guideline for the Safe Transportation of Pre-School Age Children in School Buses." The NHTSA recommends using properly secured child restraint systems for pre-school age children. For more information, go to: http://www.nhtsa.dot.gov/people/injury/buses/Guide1999/ SUHNQDOKWP
7KHODZFDQEHIRXQGRQOLQHXQGHUWKH2IFLDO&RGHRI*HRUJLD$QQRWDWHG (O.C.G.A.) Section 40-8-76.

2 Peachtree Street, Atlanta, Ga 30303 www.dph.ga.gov

January 2012

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Frequently Asked Questions about Child Care Transportation Vehicle Requirements
1. Define a 15-passenger van. A 15-passenger van has five rows of seats and is intended to transport up to 15 people including the driver.
2. Can I continue to use a 15-passenger van to transport children? Yes. You may continue to use vans to transport children. However, children under age 8 must be in an appropriate child restraint system (e.g. car seat or booster seat).
3. What is a Multi-Function School Activity Bus (MFSAB)? A MFSAB meets all of Federal Motor Vehicle Safety Standards (FMVSS) for a school bus, but it is not painted yellow and does not have the stop lights, stop "arm", etc.
4. Why do vans have to use car seats and booster seats, but buses and MFSAB's do not? School buses and MFSAB's must meet more stringent Federal Motor Vehicle Safety Standards for transporting children. They are designed to provide enhanced protection for their occupants in a crash. Features such as high-back padded seats, stronger seat mounts, and enhanced rollover protection significantly reduce injuries and fatalities.
5. What if my school bus (or Multi-Function School Activity Bus) does not have seat belts? You may continue to transport children in school buses and MFSAB's without seat belts. However, if seat belts are available, the children must be using them to be in compliance with licensing rules and regulations.
6. What is an "appropriate" child restraint system? There are hundreds of products designed to safely transport children. Always refer to the manufacturer's instructions and/or labels for the child restraint system for information on proper use of the restraint (i.e. age, height, and weight limitations) and how to install the restraint properly. Generally, car seats are more appropriate for smaller children, and booster seats should be used for larger children. Under Georgia law, an "appropriate" child restraint system is, "appropriate for such child's height and weight and approved by the United States Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983, or at the time of manufacture."
7. Are there any van exemptions based on the height or weight of the child? Yes. The following exceptions are: If all other passenger seating positions with lap-shoulder belts are being used with an appropriate child restraint system, a child over 40 pounds may be in a lap belt only If a parent or guardian provides a written physician's statement that a physical or medical condition of the child prevents placing him or her in a child restraint system, the child is exempt If the child is over 4 feet 9 inches, the child may be placed in a seat belt only
8. What do I do about the seats in my van that do not have a shoulder belt? Most car seats can be properly installed using a lap belt only. However, most booster seats require both a lap and a shoulder belt. Unless the manufacturer's instructions state otherwise, you may not use a booster seat with a lap belt only. Doing so could increase the chances of an injury in a crash. Under the law, you must first properly secure the children in child restraint systems. If all seating positions with lap and shoulder belts are occupied, you may place children weighing over 40 pounds into a seat with a lap belt only.
9. Where can I learn more about the seat belt law? This law was enacted in July 2011 and can be found online under the Official Code of Georgia Annotated (O.C.G.A.) Section 40-8-76 at: http://www.lexis-nexis.com/hottopics/gacode/Default.asp.

CHILD CARE TRANSPORTATION VEHICLE REQUIREMENTS
10. How can I determine if a Bus is a School Bus or MFSAB? All school buses and MFSAB's have a label from the manufacturer certifying that it is a school bus or MFSAB. The label is usually, DI[HGWRHLWKHUWKHKLQJHSLOODUGRRUODWFKSRVWRUWKHGRRUHGJHWKDWPHHWV WKHGRRUODWFKSRVWQH[WWRWKHGULYHUVVHDWLQJSRVLWLRQRUWRWKHOHIWVLGHRIWKHLQVWUXPHQWSDQHO,IQRQH RIWKHVHORFDWLRQVDUHSUDFWLFDEOHWKHODEHOPXVWEHDI[HGWRWKHLQZDUGIDFLQJVXUIDFHRIWKHGRRUQH[WWR the driver's seating position. A bus that meets the FMVSSs applicable to school buses will state "school EXVRU0)6$%DVLWVYHKLFOHFODVVLFDWLRQ