NOTE:
In 1999, the National Highway Traffic Safety Administration (NHTSA) released
the Guideline for the Safe Transportation of Pre-School Age Children in
School Buses. The guideline recommends pre-school age children
transported in school buses always be transported in properly secured child
restraint systems. For more information - http://www.nhtsa.dot.gov/people/injury/buses/Guide1999/prekfinal.htm
The law can be found
online under the Official Code of Georgia Annotated (O.C.G.A.) Section
40-8-76.
Frequently Asked Questions
about Child Care Transportation Vehicle
Requirements
·
Do I
have to stop using vans after July 1, 2007?
·
No. You
may continue using vans to transport children. However, after July 1, 2007,
children under age 6 that are being transported in a van must be in an
appropriate child restraint system (e.g. car or booster seat).
·
What is
a Multi-Function School Activity Bus (MFSAB)?
·
An MFSAB
is basically a standard school bus that meets all of the Federal Motor
Vehicle Safety Standards (FMVSS) for a school bus, but is not painted yellow
and does not have the stop lights, stop “arm”, etc.
·
Why do
vans have to use car seats and booster seats but not buses & MFSAB’s?
·
School
buses and MFSAB’s are constructed according to the Federal Motor Vehicle
Safety Standards for transporting children. As such, they are designed and
built to provide enhanced protection for their occupants in the event of a
crash. Features such as high-back padded seats, stronger seat mounts, and
enhanced rollover protection features have been proven to significantly
reduce injuries and fatalities as compared to the standard construction
features of passenger vans.
·
What if
my school bus (or Multi-Function School Activity Bus) does not have
seatbelts?
·
Under the
current laws and regulations, you may still transport children in school
buses and MFSAB’s without seatbelts. However, if seatbelts are available on
your bus, the children must be using them to remain in compliance with
licensing rules and regulations.
·
What is
an “appropriate” child restraint system?
·
There are
literally hundreds of different products by many different manufacturers
that are designed for safely transporting children. As a general rule, car
seats are more appropriate for smaller children while booster seats should
be used for larger children. Under the law, an “appropriate” child restraint
system is one that is “appropriate for such child’s height and weight and
approved by the United States Dept. of Transportation under provisions of
Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983, or
at the time of manufacture”. You will need to verify that the child
restraint you are using is clearly intended for the height and weight of the
child who will be using it. Refer to the instructions that accompany each
child restraint system for these guidelines or can be obtained directly from
the manufacturer.
·
Are
there any Van exemptions based on the height or weight of the child?
-
A child over 40
pounds may be in a lap belt only if, excluding the driver’s seat, all
other lap/shoulder belt seating positions are being used with an
appropriate child restraint system.
-
A parent or guardian
may provide a written physician’s statement that a physical or medical
condition of the child prevents placing him or her in a child restraint
system.
-
If the parent or
guardian can show that the child’s height is over 4 feet 9 inches, the
child may be placed in a safety belt only.
·
What do
I do about the seating positions in my van that do not have a shoulder belt
available?
·
Since the
proper installation and use of most booster seats requires the use of both a
lap and shoulder belt, they should not be used in seating positions with
only a lap belt. Under the law, you must first use all of the seating
positions that do have both lap and shoulder belts available to properly
secure the children in child restraint systems. Once all seating positions
with both lap and shoulder belts are occupied, you may then place children
weighing over 40 pounds into the remaining seating positions with a lap
belt. NOTE: Unless the manufacturer’s recommendations state otherwise, you
may not use a booster seat with only a lap belt as doing so could
potentially increase the chances of injury in a crash.
·
Where
can I learn more about this law?
·
This law
was enacted in May of 2004 and can be found online under the Official Code
of Georgia Annotated (O.C.G.A.) Section 40-8-76.
The Georgia Child Care
Association
