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Safety Recommendation Details

Safety Recommendation H-04-009
Details
Synopsis: On April 4, 2002, about 8:19 a.m., a 15-passenger Ford E-350 van, driven by a 27-year-old driver and transporting six children to school, was southbound in the left lane of Interstate 240 in Memphis, Tennessee. The van was owned and operated by Tippy Toes Learning Academy (Tippy Toes), a private child care center. A witness driving behind the van stated that the vehicle was traveling about 65 mph when it drifted from the left lane, across two other lanes, and off the right side of the roadway. She said that she did not see any brake lights. The van then overrode the guardrail and continued to travel along the dirt and grass embankment until the front of the van collided with the back of the guardrail and a light pole. The rear of the van rotated counterclockwise and the front and right side of the van struck the bridge abutment at the Person Avenue overpass before coming to rest. The driver was ejected through the windshield and sustained fatal injuries. Four of the children sustained fatal injuries, and two were seriously injured.
Recommendation: TO THE STATES AND THE DISTRICT OF COLUMBIA CHILD CARE TRANSPORTATION OVERSIGHT AGENCIES: Implement an oversight program for child care transportation that includes the following elements: A regular vehicle maintenance and inspection program.
Original recommendation transmittal letter: PDF
Overall Status: Open - Acceptable Response
Mode: Highway
Location: Memphis, TN, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: hwy02MH015
Accident Reports: 15-Passenger Child Care Van Run-Off-Road Accident
Report #: HAR-04-02
Accident Date: 4/4/2002
Issue Date: 4/21/2004
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky, Office of Inspector General (Open - Acceptable Response)
Commonwealth of Massachusetts, Office of Child Care Services (Open - Unacceptable Response)
Commonwealth of Pennsylvania, Department of Public Welfare (Open - Acceptable Response)
Commonwealth of Virginia, Department of Social Services (Open - Acceptable Response)
District of Columbia, Department of Health (Open - Unacceptable Response)
State of Alabama, Department of Human Resources (Open - Acceptable Response)
State of Alaska, Department of Health and Social Services (Open - Acceptable Response)
State of Arizona, Department of Health Services (Open - Unacceptable Response)
State of Arkansas, Department of Human Services (Open - Unacceptable Response)
State of California, Department of Social Services (Closed - Acceptable Alternate Action)
State of Colorado, Department of Human Services (Open - Unacceptable Response)
State of Connecticut, Department of Public Health (Open - Unacceptable Response)
State of Delaware, Department of Services for Children, Youth and Families (Open - Unacceptable Response)
State of Florida, Department of Children and Families (Closed - Reconsidered)
State of Georgia, Department of Human Resources (Open - Acceptable Response)
State of Hawaii, Department of Human Services (Closed - Reconsidered)
State of Idaho, Department of Health and Welfare (Open - Unacceptable Response)
State of Illinois, Department of Human Services (Closed - Acceptable Alternate Action)
State of Indiana, Family and Social Services Administration (Open - Unacceptable Response)
State of Iowa, Department of Human Services (Open - Unacceptable Response)
State of Kansas, Department of Health and Environment (Open - Acceptable Response)
State of Louisiana, Department of Social Services (Open - Unacceptable Response)
State of Maine, Department of Health and Human Services (Closed - Unacceptable Action)
State of Maryland, Department of Human Resources (Open - Unacceptable Response)
State of Michigan, Family Independence Agency (Open - Acceptable Response)
State of Minnesota, Department of Human Services (Open - Unacceptable Response)
State of Mississippi, Department of Health (Closed - Acceptable Action)
State of Missouri, Department of Health and Senior Services (Open - Acceptable Response)
State of Montana, Department of Public Health and Human Services (Open - Unacceptable Response)
State of Nebraska, Department of Health and Human Services (Open - Unacceptable Response)
State of Nevada, Department of Human Resources (Open - Unacceptable Response)
State of New Hampshire, Department of Health and Human Services (Open - Acceptable Response)
State of New Jersey, Department of Human Services (Closed - Reconsidered)
State of New Mexico, Department of Children, Youth, and Families (Open - Unacceptable Response)
State of New York, Department of Family Assistance (Closed - Acceptable Action)
State of North Carolina, Department of Health and Human Services (Open - Unacceptable Response)
State of North Dakota, Department of Human Services (Open - Unacceptable Response)
State of Ohio, Department of Job and Family Services (Closed - Reconsidered)
State of Oklahoma, Department of Human Services (Open - Acceptable Response)
State of Oregon, Employment Department (Open - Unacceptable Response)
State of Rhode Island, Department of Children, Youth and Families (Open - Acceptable Response)
State of South Carolina, Department of Social Services (Open - Unacceptable Response)
State of South Dakota, Department of Social Services (Open - Unacceptable Response)
State of Tennessee, Department of Human Services (Closed - Reconsidered)
State of Texas, Department of Family and Protective Services (Open - Unacceptable Response)
State of Utah, Department of Health (Open - Acceptable Response)
State of Vermont, Human Services Agency (Open - Acceptable Response)
State of Washington, Department of Social and Health Services (Open - Unacceptable Response)
State of West Virginia, Department of Health and Human Services (Closed - Reconsidered)
State of Wisconsin, Department of Health and Family Services (Open - Acceptable Response)
State of Wyoming, Department of Family Services (Open - Acceptable Response)
Keyword(s):

Safety Recommendation History
From: NTSB
To: State of Mississippi, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060371) to our 6/2/2006 request for an update, which indicated that: According to MC 2060371, Mississippi's child care center regulations require all vehicles to have current safety inspection stickers, licenses, and registrations. This information is verified at least annually when the oversight agency renews a facility's license. According to information received subsequent to Mississippi's annual letter, the frequency of required inspections is set by the motor vehicle agency. Mississippi also requires child care centers to have a transportation policy that includes a maintenance policy.

From: State of Mississippi, Department of Health
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/4/2006 2:07:19 PM MC# 2060371

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 9/4/2014
Response: Has Texas taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed—Unacceptable Action."

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Texas does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Texas does not have a regular vehicle inspection program and does not require child care centers to establish a regular vehicle maintenance program. Texas requires child care centers to maintain in safe operating condition those vehicles used to transport children to and from school and school-related activities. Its legislature did not meet in 2006. According to MC 2070433, Texas did not pass applicable legislation in 2007.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 8/23/2007
Response: Letter Mail Controlled 8/24/2007 2:47:42 PM MC# 2070433: No legislation passed during the 2007 80th Legislative session addressing this recommendation.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060328) to our 6/2/2006 request for an update, which indicated that: Texas requires child care centers to maintain in safe operating condition those vehicles used to transport children to and from school and school-related activities, but Texas does not require regular vehicle maintenance or inspection of child care center vehicles used to transport children. Staff has been unable to determine whether Texas considered applicable legislation or regulations in 2005 or 2006.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/11/2006 1:33:30 PM MC# 2060328: Nothing additional to add at this time.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 3/30/2006
Response: The Safety Board notes that Texas Administrative Code, Title 40, Chapter 746, Subchapter X § 746.5603 requires that vehicles used to transport children to and from school and school-related activities be maintained in safe operating condition. The Board also notes, however, that § 746.5603 does not require child care centers to have a regular vehicle maintenance and inspection program in place. During the Board's investigation of the Memphis, Tennessee, accident, investigators found that although the accident van's worn brake pad, grooved brake rotor, and low-rear-tire inflation pressure did not contribute to the accident, these problems were indicative of poor maintenance. Had routine maintenance and inspections been conducted for the accident vehicle, these problems would have been identified. We would like to know whether Texas plans to implement a regular maintenance program for child care centers. Pending receipt of this information, Safety Recommendation H-04-9 is classified "Open-Acceptable Response

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 5/27/2004
Response: Letter Mail Controlled 6/10/2004 2:00:03 PM MC# 2040302 The child-care licensing division is charged with protecting approximately 800,000 children in out-of-home care in Texas by establishing minimum standards for their safety and protection. Minimum standards for child day care were revised in 2002 and became effective September 1, 2003. During the revision process, we updated and strengthened regulations regarding transportation and captured many of your suggestions at that time. I have enclosed a copy of these regulations for your review. Although these regulations prescribe the minimum safety expectations for child-care centers that transport children, at this time, they are in line with other Texas laws regarding transportation and they reflect public opinion. We also utilize technical assistance provided by our licensing staff, media campaigns, provider training, and best practices included in our publication as opportunities to educate permit holders and parents on issues that impact children's health and safety. We agree that safe transportation is an important issue and we will continue to look at ways to incorporate your safety recommendations. Texas Administrative Code, Title 40. Social Services and Assistance Part XIX. Texas Department of Protective and Regulatory Services Chapter 746, Minimum Standards for Child-Care Centers Subchapter X, Transportation §746.5603 What type of vehicle may I use to transport children? We do not regulate the type of vehicle you may use to transport children, although we recommend that you check with the Texas Department of Motor Vehicles or refer to the federal motor vehicle safety standards regulating transportation to and from school and child care. Except as otherwise stated in this subchapter, the minimum standards in this subchapter do not apply to a bus with a gross vehicular weight rating (GVWR) of 10,000 pounds or more. Vehicles must be maintained in safe operating condition at all times.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 9/4/2014
Response: Has Montana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Montana does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. According to MC2080748, the Montana Dept. of Justice manages the oversight of school bus inspections throughout the state; however, individual school districts are responsible for the maintenance of buses.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Montana does not have a regular vehicle inspection program and does not require child care centers to establish a regular vehicle maintenance program.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060355) to our 6/2/2006 request for an update, which indicated that: According to MC 2060355, Montana does not require inspection and maintenance of child care center vehicles. Legislation to address this recommendation is not anticipated during the 2007 legislative session.

From: State of Montana, Department of Public Health and Human Services
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/24/2006 11:50:59 AM MC# 2060355: Montana does not require regular vehclc maintenance and inspection of vehicles uscd by child carc centers. Lcgislative action to address this issue is not expected in 2007.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 2/26/2015
Response: We are disappointed that, although you require all that vehicles in the state be inspected annually, you have not required child care providers to implement a regular vehicle maintenance program. Because you have no plans to do so, Safety Recommendation H-04-9 is classified CLOSED—UNACCEPTABLE ACTION.

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 10/9/2014
Response: -From Lauren V. Stewart, Director, Maine Department of Public Safety, Bureau of Highway Safety: Maine does not require child care centers to establish a regular vehicle maintenance program; the centers have the normal Maine inspection once a year.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 9/4/2014
Response: Has Maine taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Maine has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Maine has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060335) to our 6/2/2006 request for an update, which indicated that: Maine requires all vehicles registered in the State to undergo an annual inspection. Maine does not require child care centers to implement a regular maintenance program.

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/17/2006 1:18:16 PM MC# 2060335: No new information reported.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 1/31/2005
Response: The Safety Board notes that 29-A MRSA § 1751 requires all motor vehicles registered in Maine to have an annual inspection. The Board also notes that Maine does not require a regular maintenance program for vehicles used by day care facilities. During the Board's investigation of the Memphis, Tennessee accident, investigators found that while the accident van's worn brake pad, grooved brake rotor, and low rear tire inflation pressure did not contribute to the accident, these problems were indicative of poor maintenance. If there had been routine maintenance and inspections for the accident vehicle, these problems would have been identified. We would like to know whether Maine plans to implement a regular maintenance program for day care vehicles. Pending receipt of this information, Safety Recommendation H-04-9 is classified "Open--Acceptable Response."

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 6/2/2004
Response: Letter Mail Controlled 6/9/2004 10:29:59 AM MC# 2040289 The Rules for the Licensing of Child Care Facilities were revised effective November 12, 2002. They will be reviewed again within the next three years. The recommendations of the National Transportation Safety Board will guide the revision of the sections related to child care transportation oversight.

From: State of South Carolina, Department of Social Services
To: NTSB
Date: 12/2/2014
Response: -From Leroy Smith, Director, South Carolina Department of Public Safety: Implement an oversight program for child care transportation that includes the following elements: A regular vehicle maintenance and inspection program. NTSB Response/Question: South Carolina does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. Has South Carolina taken action to implement this recommendation? If no immediate action is planned, this recommendations status will be reconsidered with a likely change to "Closed -Unacceptable Action". Status: No legislation was filed in the 2013-2014 session of the South Carolina General Assembly which addressed this issue. We are not aware of any legislative effort to file a bill concerning these matters in the session commencing in January, 2015. (Source: Leigh Bolick, Director, Division of Early Care and Education, South Carolina Department of Social Services, October 10, 2014).

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 9/4/2014
Response: Has South Carolina taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: South Carolina does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: South Carolina does not have a regular vehicle inspection program and does not require child care centers to establish a regular vehicle maintenance program. South Carolina has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060311) to our 6/2/2006 request for an update, which indicated that: According to MC 2060311, South Carolina does not require regular vehicle maintenance or inspection of child care center vehicles used to transport children. Staff has been unable to determine whether South Carolina considered applicable legislation or regulations in 2005 or 2006.

From: State of South Carolina, Department of Social Services
To: NTSB
Date: 6/27/2006
Response: Letter Mail Controlled 7/5/2006 11:08:50 AM MC# 2060311: Currently, South Carolina does not require regular vehicle maintenance and inspection of vehicles used by child care centers.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 9/4/2014
Response: Has New Hampshire taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 7/6/2010
Response: Please advise what action New Hampshire has taken to require a regular vehicle maintenance program as recommended.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New Hampshire requires all vehicles, including child care center vehicles, to undergo annually a safety inspection at an official State inspection station. If the child care center uses a vehicle designed and constructed as a school bus, that vehicle must be inspected twice a year at an official State inspection station and receive an independent annual inspection by the State Police. Regulations mandate that child care center vehicles be maintained in safe operating condition at all times. No additional legislation is planned. Staff concluded that New Hampshire has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program.

From: State of New Hampshire, Department of Health and Human Services
To: NTSB
Date: 6/27/2008
Response: Letter Mail Controlled 7/8/2008 10:55:51 AM MC# 2080404: Vehicles used by child care centers must be registered, insured and inspected as required by State law and maintained in safe operating condition. State licensing requirements do not exceed that which is required for all vehicles under State law. These vehicles must be safety inspected at an official State inspection station once a year, on the month the vehicle registration expires. State Police also have the authority to pull any NH registered vehicle over at the roadside for safety inspection at any time. If the day care center uses a vehicle designed and constructed as a school bus, that vehicle must be inspected twice a year at an official State inspection station and also receives an independent inspection by State Police personnel once a year. DHHS child care regulations mandate that vehicles used to transport child care children be maintained in safe operating condition at all times. There is no additional legislation currently proposed or contemplated.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Hampshire has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has New Hampshire provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether New Hampshire requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether New Hampshire considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 9/4/2014
Response: Has or will Delaware take action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Delaware does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Delaware does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. Delaware has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060331) to our 6/2/2006 request for an update, which indicated that: According to MC 2060331, Delaware does not require regular vehicle maintenance or inspection of child care center vehicles used to transport children. Staff has been unable to determine whether Delaware considered applicable legislation or regulations in 2005 or 2006.

From: State of California, Department of Social Services
To: NTSB
Date: 7/12/2007
Response: Letter Mail Controlled 7/13/2007 12:44:13 PM MC# 2070348

From: NTSB
To: State of California, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060033, 2060379, 2060164) to our 6/2/2006 request for an update, which indicated that: According to MC 2060379, child care centers using vehicles (buses) designed, used, or maintained to transport more than 10 passengers including the driver are subject to all California motor carrier safety regulations and commercial (Class B) licensing requirements. Under these regulations, child care centers must have these vehicles inspected annually by the California Highway Patrol. The Patrol conducts an in-depth inspection of both the vehicle and the required vehicle (preventive maintenance) records. California does not mandate vehicle safety-related programs for operators of smaller vehicles (fewer than 10 passengers), and no legislation or regulations are pending.

From: State of California, Department of Social Services
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/1/2006 8:14:16 AM MC# 2060379

From: State of California, Department of Social Services
To: NTSB
Date: 12/22/2005
Response: Letter Mail Controlled 1/9/2006 2:46:41 PM MC# 2060033

From: NTSB
To: State of California, Department of Social Services
Date: 11/23/2005
Response: The Safety Board notes that California Title 22, Sections 102417 and 101225, require that motor vehicles used to transport children be maintained in a safe operating condition. The Board further notes that, according to Section 102417, if CDSS licensing staff identify unsafe vehicles, licensing staff may develop a plan with the child care facility to correct the problem and submit a safety check from a certified mechanic. As Section 102417 does not require regular vehicle maintenance and inspections for child care transportation vehicles, we would like to know if CDSS licensing staff are trained or qualified to identify unsafe vehicles and how often they inspect child care transportation vehicles and whether California has plans to require a regular vehicle maintenance and inspection program. Pending receipt of this information, Safety Recommendation H-04-9 is classified "Open-Acceptable Response."

From: State of California, Department of Social Services
To: NTSB
Date: 7/20/2004
Response: Letter Mail Controlled 7/29/2004 2:52:40 PM MC# 2040466:California Title 22, Section 102417 regulation and policy for Family Child Care homes allows Licensing staff to review licensee's and assistant's driver's licenses to ensure they are current and valid. If the vehicle used to transport children appears unsafe Licensing staff can develop a plan with the Licensee to correct obvious problems and, if deemed necessary, submit a safety check from a certified mechanic. California Title 22, Section 101225 regulation and policy for Child Care Centers states only drivers licensed for the type of vehicle operated shall be permitted to transport children. Motor vehicles used to transport children shall be maintained in safe operating condition. If Commercial driver's licenses are required by the vehicle code to operate a 15 passenger van then Licensing can require that as well.

From: State of Tennessee, Department of Human Services
To: NTSB
Date: 2/8/2005
Response: Letter Mail Controlled 2/17/2005 1:27:10 PM MC# 2050071

From: NTSB
To: State of Tennessee, Department of Human Services
Date: 2/7/2005
Response: The Safety Board recognizes that Tennessee providers are required to perform visual inspections of their vehicles each day and to keep records verifying that their vehicles receive all required maintenance in a timely manner. The Board notes that as a result of a 2003 rule, effective January 1, 2004, all child care vehicles are required to pass an annual inspection performed by the Tennessee Department of Safety. Accordingly, Safety Recommendation H-04-9 is classified "Closed--Reconsidered," as the requirement was in place before the Board issued its recommendation.

From: State of Tennessee, Department of Human Services
To: NTSB
Date: 6/7/2004
Response: Letter Mail Controlled 6/16/2004 11:47:09 AM MC# 2040310 Child care vehicles designed to carry ten (10) or more passengers are required to meet federal school bus safety standards by no later than January 1, 2007. To the best of our knowledge, only seven (7) states currently require or have a law that is scheduled to require the use of school buses for child care transportation. Of these seven (7) states, five (5) require school buses only during to and from school transportation. Accordingly, only two (2) states (in addition to Tennessee) require or will require school buses for all child care transportation. Tennessee is phasing in this requirement to allow providers to budget the additional money that is needed to purchase these vehicles, as well as to allow any current vehicle leases to expire before these new vehicles must be purchased or leased.

From: State of Nevada, Department of Human Resources
To: NTSB
Date: 12/29/2014
Response: -From Traci Pearl, Highway Safety Coordinator, Nevada Department of Public Safety, Office of Traffic Safety: NRS 392.400 gives authority to the Nevada Highway Patrol (NHP) to inspect school buses in Nevada semiannually. NHP has the authority to place any bus out-of-service for any violation listed in the "2013-2014 School Bus Out-of-Service Criteria" manual. School buses are inspected according the Nevada State School Bus Standards, approved by the State Board of Education. Please reference Nevada Administrative Code 432A.200 SERVICES AND FACILITIES FOR CARE OF CHILDREN, as well as NRS (Nevada Revised Statutes) 432A.077, 432A.141, 432A.170, 432A.175. See: http://www.leg.state.nv.us/Division/Legal/LawLibrary/NAC/NAC-432A.html AND http://www.leg.state.nv.us/NRS/NRS-432A.html#NRS432ASec077

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 9/4/2014
Response: Has Nevada taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Nevada does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Nevada does not have a regular vehicle inspection program and does not require child care centers to establish a regular vehicle maintenance program. Its statutes and regulations do not address the issue of regular vehicle maintenance or inspection of child care center vehicles; local licensing agencies (city and county) may adopt more stringent regulations. Nevada has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060333) to our 6/2/2006 request for an update, which indicated that: According to MC 2060333, Nevada statutes and regulations do not address the issue of regular vehicle maintenance or inspection of child care center vehicles; local licensing agencies (city and county) may adopt more stringent regulations. Staff has been unable to determine whether Nevada considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 9/4/2014
Response: Has Virginia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Virginia has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. Virginia State Police conduct annual safety inspections on all motor vehicles registered in Virginia; child care center vehicles are therefore inspected annually. If the State Police see a vehicle in great disrepair and question the safety of the vehicle, they can issue a citation that requires the child care center to correct the problem or discontinue use of the vehicle until it is repaired/replaced. Virginia did not consider applicable legislation or regulations in 2007 or 2008.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/3/2008
Response: Letter Mail Controlled 7/3/2008 2:46:32 PM MC# 2080397: No legislation addressing safety inspections or maintenance programs specifically for child care transportation was introduced during the 2007 or 2008 General Assembly, and no regulations were proposed. The Standards for Child Care Programs, promulgated by the Child Day Care Council and enforced by VDSS, requires the vehicle be manufactured for the purpose of transporting people seated in an enclosed area, with seats attached to the floor, meet safety standards set by DMV and be in satisfactory condition. The Virginia State Police conduct annual safety inspections of all motor vehicles registered in VA, including those vehicles used by child-care centers.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Virginia has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. Virginia State Police conduct annual safety inspections on all motor vehicles registered in Virginia; child care center vehicles are therefore inspected annually. If the State Police see a vehicle in great disrepair and question the safety of the vehicle, they can issue a citation that requires the child care center to correct the problem or discontinue use of the vehicle until it is repaired/replaced. According to MC 2070347, Virginia reports no changes, and it did not consider applicable legislation in 2007.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/13/2007
Response: Letter Mail Controlled 7/13/2007 12:22:52 PM MC# 2070347: DMV sought assistance from VA Dept.of Social Services in response to this recommendation. VDSS reports no change from last year. VASP conduct annual safety inspections of all motor vehicles registered in VA, including vehicles used by child-care centers. VDSS asserts if VASP see a vehicle in disrepair and question the safety, they can issue a citation requiring problems be repairedlreplaced before the vehicle can be used. No legislation addressing safety inspections for child care transportation was introduced during the 07 General Assembly.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060339) to our 6/2/2006 request for an update, which indicated that: According to MC 2060339, Virginia's State police conduct annual safety inspections on all motor vehicles registered in Virginia; child care center vehicles are therefore inspected annually. Regulations require child care center vehicles to meet safety standards and be kept in satisfactory condition to assure the safety of children. If the oversight agency sees a vehicle in great disrepair and questions the safety of the vehicle, the agency can issue a citation that requires the child care center to correct the problem or not use the vehicle until it is repaired/replaced.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/17/2006 3:23:50 PM MC# 2060339: Virginia DMV sought assistance from the Virginia Department of Social Services (VDSS) in responding to this recommendation. State police conduct annual safety inspections of all motor vehicles registered in Virginia. As such. vehicles used by child-care centers are inspected annually. Additionally, VDSS pointed out that as outlined by the Standards for Child Dajy Programs: The vehicle shall meet the safety standards set by the Department of Motor Vehicles and shall be kept in satisfactory condition to assure the safety of cliildren; and VDSS asserts that if they see vehicle in great disrepair & question the “safety” they can issue a citation that required the problem to be repaired or not used until repairedheplaced.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 6/12/2015
Response: We are pleased that you require all motor vehicles transporting passengers to and from schools, for hire, or owned and/or operated by school districts or any public or private school, including childcare providers (1) to have their vehicles undergo a comprehensive inspection every 6 months, (2) to have their drivers conduct pre- and post-trip vehicle inspections, (3) to correct any noted defects before returning a vehicle to service, and (4) to conduct regular vehicle maintenance reviews. These actions satisfy Safety Recommendation H-04-9, which is classified CLOSED—ACCEPTABLE ACTION.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 11/4/2014
Response: -From Chuck DeWeese, Assistant Commissioner, Governor’s Traffic Safety Committee: On behalf of New York State DMV Commissioner Barbara Fiala, I have attached the updates on Open NTSB Highway Safety Recommendations. New York continues to make progress on some of the outstanding issues but, as you are aware, many of the areas of concern require legislative action which often takes years to achieve passage. The New York State Department of Motor Vehicles remains committed to the safety of transportation on our highways and will continue to seek improvements, including those recommended by the NTSB. Please advise if you have any questions. Pursuant to NYS Transportation Law, all motor vehicles transporting passengers to and from schools, for hire, or owned and/or operated by school districts or any public or private school are required to undergo a comprehensive NYSDOT inspection every six months. “School” means every place of academic, vocational or religious service or instruction for persons under the age of twenty-one, except places of higher education. It shall include every child care center; every institution for the care or training of the mentally and physically handicapped. Operators subject to this inspection must conduct regular maintenance reviews based on pre-established regular maintenance intervals. Drivers must perform pre-trip and post-trip vehicle inspections. Noted defects must be corrected before the vehicle can be used in service.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 9/4/2014
Response: Has New York taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of New York, Department of Family Assistance
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New York has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New York has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. According to MC 2070376, all vehicles registered in New York must be inspected annually at certified inspection stations.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/19/2007
Response: Letter Mail Controlled 7/27/2007 9:44:08 AM MC# 2070376: ALL vehicles registered in New York must be inspected annually at certified inspection stations. Should pre-school vehicles be defined as school buses (See H-04-008 above), then inspection would be done by DOT inspectors twice a year (Also, see H-04-008).

From: NTSB
To: State of New York, Department of Family Assistance
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060348, 2060619) to our 6/2/2006 request for an update, which indicated that: According to MC 2060348, all vehicles registered in New York must be inspected annually at certified inspection stations. If New York passes legislation to define vehicles used by pre-schools as school buses, then inspections would be completed by DOT inspectors twice a year.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/19/2006 11:17:40 AM MC# 2060348: ALL vehicles registered in New York must be inspected annually at certified inspection stations. Should pre-school vehicles be defined as school buses (See H-04-008 above), then inspection would be done by DOT inspectors twice a year.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 9/4/2014
Response: Has New Mexico taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New Mexico requires child care centers to engage in regular vehicle maintenance, but child care center regulations (annually, biannually, etc.) do not require regular vehicle inspections. New Mexico did not consider applicable legislation or regulations in 2007 or 2008, but there may be an effort to address this recommendation in the future. Staff reviewed the applicable regulations (8.16.2 New Mexico Administrative Code), which specified that vehicles must be "properly maintained" and "inspected inside and out." There is nothing to indicate that maintenance must be conducted at regular intervals by mechanics.

From: State of New Mexico, Department of Children, Youth, and Families
To: NTSB
Date: 9/5/2008
Response: Letter Mail Controlled 9/26/2008 1:48:42 PM MC# 2080593: CYFD: New Mexico's Child Care Licensing Requirements (8.16.2 NMAC) required regular vehicle maintenance and inspection of vehicles used by child care centers The regulations do not stipulate that the vehicles must be inspected annually or biannually. In 2007 and 2008 New Mexico did not consider legislation or regulations to establish these requirements. There may be an effort to address this recommendation in the future. MTD: Depending on the size of the vehicle, New Mexico follows the regulations under CFR49 pertaining to inspection and maintenance.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Mexico has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has New Mexico provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether New Mexico requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether New Mexico considered applicable legislation or regulations in 2005 or 2006.

From: State of North Carolina, Department of Health and Human Services
To: NTSB
Date: 12/9/2014
Response: -From Don Nail, Director, GR, Governor’s Highway Safety Program, North Carolina Department of Transportation: NC G.S. 20-183.2, requires an annual inspection of most vehicles (does not have a law specific to child care nor does it specify exemptions or additions based on the size of the vehicles). NC Child Care Requirements references that all other applicable laws must be met which would include G.S. 20-183.2. This is monitored by NC DCD staff during the annual compliance visit.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 9/4/2014
Response: Has North Carolina taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: North Carolina has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has it provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: North Carolina has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has North Carolina provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether North Carolina requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether North Carolina considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 9/4/2014
Response: Has Kansas taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Kansas has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Kansas has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. Child care centers must maintain their vehicles in safe operating condition.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060343) to our 6/2/2006 request for an update, which indicated that: According to MC 2060343, Kansas regulations require child care centers to obtain annual inspections for vehicles used to transport children and maintain these vehicles in safe operating condition.

From: State of Kansas, Department of Health and Environment
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/19/2006 9:21:00 AM MC# 2060343: Child care center regulations require that vehicles used to transport children have yearly inspections and require the vehicles to be maintained in a safe operating condition.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 9/4/2014
Response: Has Indiana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Indiana has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has Indiana provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Indiana has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has Indiana provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether Indiana requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether Indiana considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 9/4/2014
Response: Has Georgia take action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Georgia has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. According to MC 2080586, its child care center rules require child care centers to maintain vehicles with an annual safety check; a copy of the standard inspection reported or an equivalent shall be kept at the center or in the vehicle. Georgia has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 9/23/2008
Response: Letter Mail Controlled 9/24/2008 1:08:58 PM MC# 2080586: Georgia does implement an oversight program for child care transportation that includes the following elements: A regular vehicle maintenance and inspection program. Rules for Child Care Learning Centers 591-1-1-.36 (2) (a) Vehicle Safety. Vehicles used for transporting children shall be maintained as follows: (a) Annual Safety Check. Each vehicle shall have a satisfactory annual safety check of: tires, headlights, horn, taillights, brakes, suspension, exhaust system, steering, windshields, and windshield wipers. A copy of a standard inspection report used by the Department or an equivalent shall be kept in the center or the vehicle.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Georgia has a regular vehicle inspection program, and the inspection forms are maintained by the Georgia Department of Early Care and Licensing. According to MC 2070308, in this inspection process, Georgia requires child care centers to regularly maintain their vehicles for proper safety.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 6/29/2007
Response: Letter Mail Controlled 7/3/2007 8:39:12 AM MC# 2070308: Georgia has recently established a State Child Passenger Safety (CPS) Board. Among other things, the CPS Board will review and make recommendations to the appropriate authority regarding this and other issues. It is currently recommended by state authorities to transport children in vehicles built to school bus standards or MFSABs. (see attached flyer that has been developed and is distributed)

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060422) to our 6/2/2006 request for an update, which indicated that: According to MC 2060422, child care centers that provide transportation are required to have evidence of annual vehicle inspections. The inspection forms are maintained by the Georgia Department of Early Care and Licensing.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 8/22/2006
Response: Letter Mail Controlled 8/24/2006 8:36:35 AM MC# 2060422: Under Dept. of Education regulation 160-5-3-.03, local units of administration shall ensure that all school buses are inspected annually by the Department of Motor Vehicle Safety. Additionally, local units of administration maintenance or service personnel shall inspect all school buses monthly. However, this does not apply to private schools or to private child care providers.

From: State of Utah, Department of Health
To: NTSB
Date: 12/16/2014
Response: -From Kristy K. Rigby, Director, Highway Safety Office: No change.

From: NTSB
To: State of Utah, Department of Health
Date: 9/4/2014
Response: Has Utah taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Utah, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: As confirmed by MC 2080368, Utah requires child care centers to meet current safety inspection standards for their vehicles, including a vehicle inspection every other year if less than 8 years old and every year if 8 years or older. Utah Administrative Rule R430-90-13 requires child care centers to maintain documentation that any vehicle used for transporting children has a current vehicle registration, insurance for child care transportation, and safety inspection, and is maintained in a clean and safe manner. Utah does not require a maintenance log.

From: State of Utah, Department of Health
To: NTSB
Date: 6/16/2008
Response: Letter Mail Controlled 6/24/2008 12:28:05 PM MC# 2080368: No change to the current status has occurred. No additional legislation has been proposed to change the vehicle requirements to meet this recommendation.

From: NTSB
To: State of Utah, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070310, Utah requires child care centers to meet current safety inspection standards for their vehicles. Utah Administrative Rule R430-90-13 requires child care centers to maintain documentation that any vehicle used for transporting children has a current vehicle registration, insurance for child care transportation, and safety inspection, and is maintained in a clean and safe manner. Through independent research, staff determined that all vehicles registered in Utah must have an inspection every other year if less than 8 years old and every year if 8 years old or older.

From: State of Utah, Department of Health
To: NTSB
Date: 6/21/2007
Response: Letter Mail Controlled 7/3/2007 9:06:26 AM MC# 2070310: Utah does require childcare vehicles to meet current safety inspection standards. This requirement is addressed under Utah Administrative Rule R430- 90-1 3 (1) The licensee shall maintain documentation that any vehicle used for transporting children has a current vehicle registration, insurance for child care transportation, safety inspection and shall maintain the vehicle in a clean and safe manner.

From: NTSB
To: State of Utah, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether Utah requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether Utah considered applicable legislation or regulations in 2005 or 2006.

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 12/3/2014
Response: -From Mark Gottlieb, P.E., Secretary, Department of Transportation: Under administrative codes DCF 250.08 (4)(b), DCF 251.08 (7)(a) and DCF 252.09 (3)(b), all vehicles used to transport children are required to have an annual vehicle safety inspection and that any deficiencies noted during that inspection must be corrected before transporting children in that vehicle.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 9/4/2014
Response: Has Wisconsin taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Wisconsin has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. It did not consider legislation to address the remaining element of this recommendation.

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 9/4/2008
Response: Letter Mail Controlled 9/18/2008 10:13:03 AM MC# 2080570: As provided in our 2006 response, Wisconsin does require child care centers to have a regular vehicle inspection program, but does not require them to establish a regular maintenance program. There have been no legislative proposals regarding an oversight program for child care transportation to require child care centers to establish a vehicle maintenance program.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Wisconsin has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. It requires annual inspection by a certified mechanic of vehicles used by child care center transportation service providers.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060344) to our 6/2/2006 request for an update, which indicated that: According to MC 2060344, Wisconsin requires annual inspection by a certified mechanic of vehicles used by child care center transportation service providers. According to information received subsequent to Wisconsin's annual letter, Wisconsin does not require child care centers to implement a regular vehicle maintenance program.

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/19/2006 9:44:12 AM MC# 2060344: State administrative rules require annual inspectban of vehicles used by childcare transportation service providers by a certified mechanic.

From: State of Rhode Island, Department of Children, Youth and Families
To: NTSB
Date: 11/6/2014
Response: -From Michael P. Lewis, Director, Rhode Island Department of Transportation: Rhode Island has a regular vehicle inspection program for child care vehicles. The Rhode Island DMV requires that "Child Care Vehicles" be registered as public service vehicles and must therefore pass inspection at the DMV inspection facility no less than once every 12 months. However Rhode Island does not require child care centers to establish a regular vehicle maintenance program. This issue will be reviewed and re-evaluated by the incoming (2015) Administration.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 9/4/2014
Response: Has Rhode Island taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Rhode Island has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070365, Rhode Island requires child care center vehicles to display Public plates, and all public-plated vehicles are required to have an annual comprehensive tear-down inspection conducted by the Division of Motor Vehicles Safety and Emission Control Section.

From: State of Rhode Island, Department of Children, Youth and Families
To: NTSB
Date: 6/27/2007
Response: Letter Mail Controlled 7/24/2007 2:00:18 PM MC# 2070365: Child care vehicles as defined in 3 1-22-1 1.6 are required to have Public plates. All public plated vehicles are required to have an annual comprehensive tear-down inspection conducted by the Division of Motor Vehicles Safety and Emission Control Section.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether Rhode Island requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether Rhode Island considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Oregon, Employment Department
Date: 9/4/2014
Response: Has Oregon taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Oregon, Employment Department
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Oregon does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Oregon, Employment Department
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Oregon does not have a regular vehicle inspection program and does not require child care centers to establish a regular vehicle maintenance program. It requires child care centers to keep vehicles used to transport children in compliance with all State and local motor vehicle laws and maintained in a safe operating condition. Oregon has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Oregon, Employment Department
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Oregon requires child care centers to keep vehicles used to transport children in compliance with all State and local motor vehicle laws and maintained in a safe operating condition. Oregon does not require regular vehicle maintenance or inspection of child care center vehicles used to transport children. Staff has been unable to determine whether Oregon considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Oregon, Employment Department
Date: 5/17/2005
Response: The Safety Board notes that Oregon Administrative Rule (OAR) 414-300-0350 requires child care center vehicles used to transport children to be in compliance with all State and local motor vehicle laws and to be maintained in a safe operating condition. The Board would like to know whether Oregon plans to include a requirement for a regular vehicle maintenance and inspection program when revisions to the Rules for the Certification of Child Care Centers are made. Pending receipt of further information regarding revisions to OAR 414-300-350 that would require a regular vehicle maintenance and inspection program, Safety Recommendation H-04-9 is classified "Open--Acceptable Response."

From: State of Oregon, Employment Department
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 1:49:26 PM MC# 2040211 The Child Care Division of the Oregon Employment Department is responsible for licensing child care businesses and promulgating administrative rules to ensure the health and safety of children in child care. The transportation of children in child care centers is addressed in Oregon Administrative Rule 414-300-0350. Four of the NTSB's seven recommendations (H-04-9, - 10, - 11, - 13) are currently included in the division's rules for certification of child care centers. The full text of the rule may be found at http://findit.emp.state.or.us/childcare/CCDl320701.pdf. The three recommendations that are not included, H-04-8, - 12, and - 14, will be taken under consideration in the next cycle of rule revisions.

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 12/4/2014
Response: -From Director Darrin T. Grondel, Washington Traffic Safety Commission: Washington has no plans to take action on this recommendation.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 9/4/2014
Response: Washington does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. Has Washington taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Washington does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Washington does not have a regular vehicle inspection program and does not require child care centers to establish a regular vehicle maintenance program. Washington requires child care centers to use vehicles that are maintained in good repair and safe operating condition, and regulators conduct visual assessment of vehicles. It is unclear, however, how often regulators conduct these visual assessments or whether regulators are qualified to identify potential vehicle hazards.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060332, 2060291) to our 6/2/2006 request for an update, which indicated that: Washington requires child care centers to use vehicles that are maintained in good repair and safe operating condition, and regulators conduct visual assessment of vehicles. It is unclear, however, how often regulators conduct these visual assessments or whether regulators are qualified to identify potential vehicle hazards. Washington does not require regular vehicle maintenance or inspection of vehicles used by child care centers.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 2/24/2006
Response: In its January 31, 2005, letter, the Safety Board classified Safety Recommendations H-04-8, -9, and -14 "Open-Unacceptable Response," and Safety Recommendations H-04-11 through -13 "Open-Acceptable Response." Your March 2005 response does not indicate any new actions to implement Safety Recommendations H-04-8, -9, or -11 through -14. Therefore, the classifications of these recommendations will remain the same. The Safety Board encourages the State to revise its child care licensing requirements to include the Board's recommendations for improving transportation safety for children transported to and from school and school-related activities by child care providers. Please notify the Board when any future action has been taken to address these recommendations. If the Safety Board can be of assistance to the State of Washington in this effort, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6170.

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 3/9/2005
Response: Letter Mail Controlled 3/17/2005 12:33:35 PM MC# 2050113: Our licensing requirements mandate that vehicles used to transport children in child care be maintained in good repair and safe operating condition. Our child care regulators conduct inspections addressing these requirements when conducting on-site inspections. We do not require annual inspections. Legislation has not been introduced this year addressing a regular vehicle maintenance and inspection program.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 1/31/2005
Response: The Safety Board notes that Washington requires vehicles used to transport children in child care to be maintained in good repair and safe operating condition, and that the State requires regulators to conduct a visual assessment of vehicles. The Board notes, however, that Washington does not require annual inspections of vehicles used to transport children in child care. The Board would like further information from the State regarding (1) the frequency of the visual vehicle assessments and (2) whether Washington plans to implement a regular vehicle maintenance and inspection program. Pending receipt and review of this information, Safety Recommendation H-04-9 is classified "Open--Unacceptable Response."

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 7/2/2004
Response: Letter Mail Controlled 7/13/2004 8:35:15 AM MC# 2040398 Our licensing requirements mandate the vehicles used to transport children in child care be maintained in good repair and safe operating condition. Our child care regulators conduct a visual assessment of vehicles used to transport children. We do not require annual inspections.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 7/6/2005
Response: The Safety Board notes that vehicles used to transport children for routine trips or field trips are required to be mechanically safe and to receive an annual safety check from an automotive service excellence certified mechanic or other entity pre-approved by the Ohio Department of Job and Family Services (ODJFS). The Board further notes that a written verification of the safety check, including notation and correction of any safety violations must be maintained on file at the child care center. Accordingly, Safety Recommendation H-04-9 is classified "Closed--Reconsidered," as this requirement was in place before the recommendation was issued.

From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 2:26:08 PM MC# 2040215 Ohio's Child Care Licensing Rules currently provides for compliance with four of the seven recommendations made by NSTB, namely requirements for vehicle standards and maintenance, restraint usage, and driver fitness. The three other recommendations regarding use of vehicles meeting school bus standards, driver drug testing, and the requirement that child care vehicle be labeled with both the center and the oversight agency's names and phone numbers will be further explored for rule revision consideration.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 9/4/2014
Response: Has Arizona taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Arizona, Department of Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Arizona requires child care centers to maintain service and repair records for 12 months from the date of inspection or repair. It does not specify, however, how often maintenance and inspections must occur. Arizona has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Arizona requires child care centers to maintain service and repair records for 12 months from the date of inspection or repair. It does not specify, however, how often maintenance and inspections must occur. Arizona has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: By regulation, Arizona requires vehicles used by child care centers to be maintained in clean and mechanically safe conditions. Child care centers are required to maintain service and repair records for 12 months from the date of inspection or repair. Arizona does not specify, however, how often maintenance and inspections must occur. Arizona has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: By regulation, Arizona requires vehicles used by child care centers to be maintained in clean and mechanically safe conditions. Child care centers are required to maintain service and repair records for 12 months from the date of inspection or repair. Nothing specifies, however, how often maintenance and inspections must occur. Staff has been unable to determine whether Arizona considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 7/6/2005
Response: The Safety Board notes that Arizona Administrative Code Title 9, Chapter 5 § R9-5-517 requires that vehicles used by child care providers to transport children be maintained in clean and mechanically safe conditions. The Board also notes that child care providers are required to maintain the service and repair records for 12 months from the date of an inspection or repair for all vehicles. The Board notes, however, that § R9-5-517 did not state how often vehicle maintenance and inspections must be conducted. The Board would like clarification and documentation of Arizona's regulation for the recommended maintenance and inspection program. Pending receipt of this information, Safety Recommendation H-04-9 is classified "Open--Acceptable Response."

From: State of Arizona, Department of Health Services
To: NTSB
Date: 7/19/2004
Response: Letter Mail Controlled 7/26/2004 12:16:09 PM MC# 2040456 The Arizona Department of Health Services (Department) received your letter dated April 21, 2004 regarding child care transportation safety issues. Catherine Eden, Director of the Department, requested that I respond to your concerns and recommendations on her behalf. In your letter, you requested that we review your submitted recommendations for a comprehensive child care transportation safety program. The Department has reviewed the recommendations and is providing a summary of the Department's rules which do not require further action: · A regular vehicle maintenance and inspection program; · A requirement that occupants wear age-appropriate restraints at all times; · A requirement that drivers receive a criminal background check, and · Review by oversight agency of periodic driver background checks.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 9/4/2014
Response: Has Iowa taken action to enact this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Iowa, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Iowa does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program, but it previously expressed the intent to work with the State Child Care Advisory Council on revising its regulations to incorporate Safety Board recommendations. The review and revision of regulations were to be completed by January 1, 2006, but Iowa has not provided information on whether it has made the changes.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Iowa does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program, but Iowa has expressed the intent to work with the State Child Care Advisory Council on revising its regulations to incorporate Safety Board recommendations. The review and revision of regulations were to be completed by January 1, 2006, but Iowa has not provided information on whether it has made the changes.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060365) to our 6/2/2006 request for an update, which indicated that: Iowa does not require regular vehicle maintenance or inspection of child care center vehicles used to transport children, but Iowa has expressed the intent to work with the State Child Care Advisory Council on revising its regulations to incorporate Safety Board recommendations. The review and revision of regulations were to be completed by January 1, 2006, but staff has been unable to obtain confirmation from Iowa on whether changes were made.

From: State of Iowa, Department of Human Services
To: NTSB
Date: 7/25/2006
Response: Letter Mail Controlled 7/27/2006 11:01:10 AM MC# 2060365: this would fall under DHS or Dept. of Ed.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 2/7/2005
Response: The Safety Board notes that Iowa does not currently have any of the recommended requirements listed above in place, but that Iowa's Department of Human Services will be working with the State Child Care Advisory Council (Council) to revise transportation regulations. The Board also notes that these recommendations will be shared with the Council and will be used as background material to develop recommendations for policy. Iowa indicates that it plans to complete the review and revisions by January 1, 2006. Please provide us a copy of the revised transportation regulations for child care centers once this action has been completed. Given Iowa's positive indication that it will work to develop regulations in this area and pending receipt of Iowa's revised transportation regulations, Safety Recommendations H-04-8, -9, -12, and -14 are classified "Open--Acceptable Response." If the Board can provide assistance to the Council in these efforts, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.

From: State of Iowa, Department of Human Services
To: NTSB
Date: 7/14/2004
Response: Letter Mail Controlled 7/20/2004 2:46:30 PM MC# 2040427 The Department will be working with the State Child Care Advisory Council to redraft the transportation regulations. Your letter and my response letter will be shared with the Council as part of the background material that will be provided to develop recommendations for policy. Once we have a recommendation from the State Child Care Advisory Council, we will start the rule making process. This process in Iowa is a six-month process that allows for public input. Rules are adopted by the policy making body for the Department, which is the Council on Human Services. In addition, all proposed rules are reviewed by the Iowa Legislature's Administrative Rules Review Committee before they can become effective. Proposed rules can be found under the publication section of our website, http://www.dhs.state.ia.us. Iowa's child care center licensing laws and regulations do not include the following four recommendations addressed in your letter: · Use of vehicles built to school bus standards or of multifunction school activity buses. · A regular vehicle maintenance and inspection program. · Pre-employment, random, post-accident, and "for cause" drug testing for all child care transportation providers and the prohibition of anyone who tests positive for drugs from transporting children. · A requirement that child care vehicles be labeled with the child care center's and oversight agency's name and phone numbers.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 9/4/2014
Response: Has Alaska taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Alaska has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. Specifically, Alaska requires child care centers to complete (and update annually) a vehicle safety checklist form prior to transporting children.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 7/28/2008
Response: Letter Mail Controlled 8/12/2008 3:54:55 PM MC# 2080480: Would need to be addressed by the Department of Administration, Division of Motor Vehicles. We have forwarded a copy to them for their direct response.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 6/16/2008
Response: Letter Mail Controlled 6/19/2008 9:40:18 AM MC# 2080337: Alaskarequires that vehicles used to transport children be in good repair, safe, and free of hazards, also need to complete a vehicle safety checklist form prior to transporting children, which shall be updated annually.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Alaska has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. It requires that vehicles used to transport children be in good repair, safe, and free of hazards. Alaska also requires child care centers to complete (and update annually) a vehicle safety checklist form prior to transporting children.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060408) to our 6/2/2006 request for an update, which indicated that: Alaska requires that vehicles used to transport children be in good repair, safe, and free of hazards. According to MC 2060408, Alaska also requires child care centers to complete (and update annually) a vehicle safety checklist form prior to transporting children.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 8/15/2006
Response: Letter Mail Controlled 8/17/2006 3:06:15 PM MC# 2060408: Alaska requires that vehicles used to transport children be in good repair safe, and free of hazards, also need to mnplete a vehicle safety checklist form prior to transporting children, which shall be updated annually.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 7/28/2005
Response: The Safety Board notes that 4 Alaska Administrative Code (AAC) 62.465 requires (1) that vehicles used to transport children be in good repair, safe, and free of hazards and (2) that during extreme weather, they must be equipped with appropriate safety equipment for those conditions. However, it is not clear to the Board whether Alaska has a regular vehicle maintenance and inspection program. The Board would like clarification and documentation of Alaska's regulation for the recommended maintenance and inspection program. Pending receipt and review of this information, Safety Recommendation H-04-9 is classified "Open--Acceptable Response."

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 6/24/2004
Response: Letter Mail Controlled 7/13/2004 9:07:03 AM MC# 2040403 Alaska Statute at Title 47.35 and Administrative Code 4 AAC 62 give our Division of Public Assistance, Child Care Program Office authority to monitor and provide oversight to all state-licensed child care facilities. Transportation is specifically addressed as follows: 4AAC 62.465 provides for a regular vehicle maintenance and inspection program.

From: NTSB
To: District of Columbia, Department of Health
Date: 9/4/2014
Response: Has the District of Columbia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: District of Columbia, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: The District of Columbia has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program. It also has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: District of Columbia, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: The District of Columbia has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program. The District also has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: District of Columbia, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether the District of Columbia requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether the District considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 9/4/2014
Response: Has Oklahoma taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Oklahoma requires child care centers to establish a regular vehicle maintenance program, but does not have a regular vehicle inspection program. Oklahoma did not enact applicable legislation in 2007 or 2008.

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 9/2/2008
Response: Letter Mail Controlled 9/3/2008 2:20:08 PM MC# 2080536: The agency with jurisdiction over this matter is the Oklahoma Department of Human Services. To the best of our knowledge no legislation was passed in the last session to address this area. Attempts to meets the standards of 49, CFR, Part 571 should be addressed to the Oklahoma Department of Human Services. the point of contact at that agency is Mitzi Lee at (405) 521-2556. The contact for information from the Oklahoma Department of Education is Randy McLaren at (405) 521- 3472.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Oklahoma requires child care centers to establish a regular vehicle maintenance program, but does not have a regular vehicle inspection program. Effective June 1, 2006, Oklahoma requires child care centers, part-day children's programs, school-age programs, and residential child care programs to keep written documentation of regular maintenance of all facility vehicles to include quarterly inspection of tire wear and pressure, brakes, lights, and functioning seat belts.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060598) to our 6/2/2006 request for an update, which indicated that: According to MC 2060598, effective June 1, 2006, Oklahoma requires child care centers, part-day children's programs, school-age programs, and residential child care programs to keep written documentation of regular maintenance of all facility vehicles to include quarterly inspection of tire wear and pressure, brakes, lights, and functioning seat belts.

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 8/16/2006
Response: Letter Mail Controlled 12/19/2006 9:13:50 AM MC# 2060598: Revised requirements effective June 1, 2006 for child care centers, part-day children’s programs, school-age programs, and residential child care programs state: "Written documentation is kept of regular maintenance of all facility vehicles to include quarterly inspection of tire wear and pressure, brakes, lights, and functioning seat belts."

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 4/12/2005
Response: This recommendation was not addressed in your letter. During the Safety Board's investigation of the Memphis, Tennessee, accident, investigators found that while the accident van's worn brake pad, grooved brake rotor, and low rear tire inflation pressure did not contribute to the accident, these problems were indicative of poor maintenance. Routine maintenance and inspections of the accident vehicle would have identified these problems. We would like to know whether Oklahoma requires regular vehicle maintenance and inspections for vehicles used by child care providers to transport children. Pending receipt of this information, Safety Recommendation H-04-9 is classified "Open--Await Response."

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 7/13/2004
Response: Letter Mail Controlled 7/19/2004 11:47:15 AM MC# 2040420 A committee has been established and is meeting to discuss the possibility of drug and alcohol testing for employees that have a criminal history involving the use of alcohol and/or drugs. The child care licensing staff in Oklahoma have surveyed all child care centers to determine if they use 15 passenger vans in transporting children, if their insurance companies have placed any stipulations on their use of these vans, and if any modifications have been made to the van due to safety concerns. If was determined that approximately 1/3 of the licensed child care centers in Oklahoma are using 15 passenger vans and that very few insurance companies have placed any stipulations on the use of these vans. Due to the safety concerns, an information letter will be mailed to all licensed child care centers. The letter includes the safety recommendations from the National Transportation Safety Board regarding the of use of vehicles built to school bus standard (see attached). The Oklahoma DHS Division of Child Care will also share this information with the Child Care Advisory Committee for the consideration of a revision to licensing requirements. We will notify you of changes made in the future.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 9/4/2014
Response: Has Louisiana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Louisiana has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has it provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Louisiana has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has Louisiana provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060312) to our 6/2/2006 request for an update, which indicated that: According to MC 2060312, Louisiana did not take legislative action in 2006. Staff has been unable to determine whether Louisiana requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether Louisiana considered applicable regulations in 2005 or 2006.

From: State of Louisiana, Department of Social Services
To: NTSB
Date: 6/26/2006
Response: Letter Mail Controlled 7/5/2006 11:21:45 AM MC# 2060312: No legislative action taken.

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 4/1/2005
Response: The Board notes that (1) West Virginia's child care center licensing regulation §78-I-22.1.a. requires centers to conform with State law to have an annual inspection of the vehicle and (2) that the Department of Health and Human Services (the Department) inspects child care centers at least once annually to determine compliance with regulations. Accordingly, Safety Recommendation H-04-9 is classified "Closed--Reconsidered," as this requirement was in place before the recommendation was issued.

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 5/21/2004
Response: Letter Mail Controlled 6/1/2004 2:51:53 PM MC# 2040258 Child care center licensing regulation §78-I-22.1 .a. requires centers to conform with state law to have an annual inspection of the vehicle. The Department inspects child care centers at least once annually to determine compliance with regulations.

From: State of Colorado, Department of Human Services
To: NTSB
Date: 12/1/2014
Response: -From Darrell S. Lingk, Director, Office of Transportation Safety, Colorado Department of Transportation, Colorado Governor’s Highway Safety Coordinator (designee): Colorado does not require child care centers to use vehicles built to school bus standards or acceptable alternatives (multifunction school activity buses). Colorado’s requirements for vehicles are: 1. Any vehicle used for the transportation of children to and from the center or during center activities must meet the following requirements: a. The vehicle must be enclosed and have door locks. b. The seats of the vehicle must be constructed and installed according to the vehicle manufacturer's specifications. c. The vehicle must be kept in satisfactory condition to assure the safety of occupants. Vehicle tires, brakes, and lights must meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division. d. Seating must be comfortable with a seat of at least 10 inches wide for each child. Code of Colorado Regulations 54. 2. In passenger vehicles, which include automobiles, station wagons, and vans with a manufacturer's established capacity of 16 or fewer passengers and less than 10,000 pounds, the following is required: a. Each child must be restrained in an individual seat belt. b. Two or more children must never be restrained in 1 seat belt. c. Lap belts must be secured low and tight across the upper thighs and under the belly. d. Children must be instructed and encouraged to keep the seat belt properly fastened and adjusted. 3. In vehicles with a manufacturer's established capacity of 16 or more passengers, seat belts for passengers are not required. No information was provided by the Colorado Department of Human Services on action(s) taken to enact this recommendation.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 9/4/2014
Response: Has Colorado taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Colorado, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Colorado does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Colorado does not have a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. Colorado requires that child care center vehicles be kept in satisfactory condition to ensure the safety of occupants, including keeping tires, brakes, and lights in compliance with safety standards set by the Motor Vehicle Division. Colorado has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Colorado, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060338) to our 6/2/2006 request for an update, which indicated that: According to MC 2060338, Colorado requires that child care center vehicles be kept in satisfactory condition to ensure the safety of occupants, including keeping tires, brakes, and lights in compliance with safety standards set by the Motor Vehicle Division. According to information received subsequent to Colorado's annual letter, Colorado does not require annual vehicle inspections of motor vehicles registered in Colorado. Staff has been unable to determine whether Colorado considered applicable legislation or regulations in 2005 or 2006.

From: State of Colorado, Department of Human Services
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/17/2006 2:33:55 PM MC# 2060338: Updated Information: The vehicle must be kept in satisfactory condition to assure the safety of occupants that includes; vehicle tires, brakes, and lights that must meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division.

From: State of Alabama, Department of Human Resources
To: NTSB
Date: 12/11/2014
Response: -From Bill Whatley, Public Safety Unit Chief, Law Enforcement and Traffic Safety Division, Alabama Department of Economic and Community Affairs: No legislation was introduced to implement this program.

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 9/4/2014
Response: Has Alabama taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Alabama has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program.

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070372, Alabama requires a safety check, on the required form, completed annually and signed and dated by a mechanic, for all vehicles regularly used by the center to transport children. According to information received subsequent to Alabama's annual letter, it does not require child care centers to establish a regular vehicle maintenance program. Alabama has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: State of Alabama, Department of Human Resources
To: NTSB
Date: 7/24/2007
Response: Letter Mail Controlled 7/25/2007 3:19:46 PM MC# 2070372: DHR’s Minimum Standards for Day Care Centers and Nighttime Centers require a "g" safety check. (1) A safety check, on the required form shall be done annually and signed and dated by a mechanic, on all vehicles regularly used by the center to transport children. (2) A copy of the safety check, on the required form, shall be on file in the center. The safety check shall show that the following items are operation in a safe condition: brakes; tires; lights (head, signal, brake, tail), windshield wipers; steering; and exhaust system; ventilation and heating system; and passenger restraint systems.

From: NTSB
To: State of Alabama, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether Alabama requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether Alabama considered applicable legislation or regulations in 2005 or 2006.

From: Commonwealth of Massachusetts, Office of Child Care Services
To: NTSB
Date: 3/24/2015
Response: -From Kristen Boreyko, Program Coordinator, Highway Safety Division, Office of Grants and Research, Executive Office of Public Safety and Security, Commonwealth of Massachusetts: Massachusetts has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program. Has Massachusetts taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action." The Registry of Motor Vehicles (RMV) inspects all schools buses three times a year. There are approximately 9,000 buses and each one is inspected by RMV staff. Smaller vehicles like sedans and vans that are used for child care transportation fall under Section 7D requirements (vehicles that carry 8 or fewer passengers) and are mandated to have safety equipment, and for drivers to have a special license, background check, and medical exam. Inspections of these vehicles are done by certified stations.

From: NTSB
To: Commonwealth of Massachusetts, Office of Child Care Services
Date: 9/4/2014
Response: Massachusetts has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program. Has Massachusetts taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: Commonwealth of Massachusetts, Office of Child Care Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Massachusetts has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has it provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: Commonwealth of Massachusetts, Office of Child Care Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Massachusetts has not provided information on whether it has a regular vehicle inspection program or requires child care centers to establish a regular vehicle maintenance program, nor has Massachusetts provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: Commonwealth of Massachusetts, Office of Child Care Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether the Massachusetts requires regular vehicle maintenance or inspection of child care center vehicles used to transport children or whether Massachusetts considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: Commonwealth of Pennsylvania, Department of Public Welfare
Date: 9/4/2014
Response: Has Pennsylvania taken action to enact this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: Commonwealth of Pennsylvania, Department of Public Welfare
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Pennsylvania has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. Child care transportation vehicles are considered school buses in Pennsylvania, and school buses, including multifunction school activity buses, must be inspected semi-annually. Such vehicles are also subject to random safety inspections from the State Police.

From: Commonwealth of Pennsylvania, Department of Public Welfare
To: NTSB
Date: 9/2/2008
Response: Letter Mail Controlled 9/3/2008 2:39:59 PM MC# 2080537: PA has an inspection and maintenance program for child care transportation. Title 67, Chapter 171 defines schools to include child care centers. PA law requires both school buses and school vehicles to be semiannually inspected, which is intended to detect poor vehicle maintenance. School vehicles and busses are subject to random safety inspections from the State Police. Additionally, school busses are also inspected annually by the State Police.

From: NTSB
To: Commonwealth of Pennsylvania, Department of Public Welfare
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Pennsylvania has a regular vehicle inspection program, but does not require child care centers to establish a regular vehicle maintenance program. Child care transportation vehicles are considered school buses in Pennsylvania, and school buses, including multifunction school activity buses, must be inspected semi-annually. Even when child care centers use passenger vehicles (vans that carry no more than 10 people including the driver), the vehicles must be inspected semi-annually. According to MC 2070366, the semi-annual inspection for school buses is intended to detect poor vehicle maintenance. School vehicles and buses are also subject to random safety inspections and annual inspections by the State Police.

From: Commonwealth of Pennsylvania, Department of Public Welfare
To: NTSB
Date: 7/23/2007
Response: Letter Mail Controlled 7/24/2007 2:06:46 PM MC# 2070366: PA has an inspection and maintenance program for child care transportation. Title 67, Chapter 171 defines schools to include child care centers. PA law requires both school buses and school vehicles to be semiannually inspected, which is intended to detect poor vehicle maintenance. School vehicles and busses are subject to random safety inspections from the State Police. Additionally, school busses are also inspected annually by the State Police.

From: NTSB
To: Commonwealth of Pennsylvania, Department of Public Welfare
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060366) to our 6/2/2006 request for an update, which indicated that: According to MC 2060366, child care transportation vehicles are considered school buses in Pennsylvania, and school buses, including multifunction school activity buses, must be inspected semi-annually. According to information received subsequent to Pennsylvania's annual letter, even when child care centers use passenger vehicles (vans that carry no more than 10 people including the driver), the vehicles must be inspected semi-annually. Pennsylvania does not require child care centers to establish a regular vehicle maintenance program.

From: Commonwealth of Pennsylvania, Department of Public Welfare
To: NTSB
Date: 7/20/2006
Response: Letter Mail Controlled 7/27/2006 2:23:06 PM MC# 2060366: The Pennsylvania Vchicle Code requires semi-annual school bus inspections. Multifunction school activity buses are a subcategory of school buscs, and as such are rcquired to comply with the same inspection requirements.

From: State of North Dakota, Department of Human Services
To: NTSB
Date: 4/17/2015
Response: -From Mark Nelson, Governor’s Highway Safety Representative, Deputy Director for Driver and Vehicle Services, North Dakota Department of Transportation: We have reviewed all referenced safety recommendations and there are no changes from the responses previously submitted.

From: State of North Dakota, Department of Human Services
To: NTSB
Date: 10/14/2014
Response: -From Karin Mongeon, Safety Division Director, North Dakota Department of Transportation: There were no changes to this information since last submission although federal regulations require that vehicles must be properly maintained. Contact: Jennifer Barry, DHS Children and Family Services Program Administrator

From: NTSB
To: State of North Dakota, Department of Human Services
Date: 9/4/2014
Response: Has North Dakota taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of North Dakota, Department of Human Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Three states (CT, MD and ND) do not require regular vehicle maintenance and inspection of child care vehicles used to transport children and have not taken action to implement the recommended action in the last two years. Accordingly, Safety Recommendation H 04 9 is classified OPEN—UNACCEPTABLE RESPONSE, for these three states.

From: NTSB
To: State of North Dakota, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: North Dakota does not require a regular vehicle inspection program nor does it require child care centers to establish a regular vehicle maintenance program. It did not consider applicable legislation in 2007. According to MC 2080563, the North Dakota Early Childhood Services Office continues to work on administrative rule revisions. The fiscal impact of this requirement may cause a hardship for child care centers, but the Department of Human Services is considering it.