N.D. Admin. Code 75-03-40-50

Current through Supplement No. 395, January, 2025

Section 75-03-40-50 - Transportation

This section applies to the transportation of residents in a facility-owned or leased vehicle, driven by personnel. A facility shall develop a comprehensive transportation policy addressing the following:

1. Driver information. A facility shall maintain a list of approved personnel drivers. The list must indicate the name of each driver, type of license held, and the date of expiration of the license. The list must be on file at the facility.

2. Driver qualifications.

All drivers shall hold a current valid operator's license for the type of vehicle being driven, be at least twenty-one years of age, and have at least one year of experience as a licensed driver. The facility shall complete an initial check of the driver's driving record for any driving safety violations upon hire and annually thereafter.

3. Vehicle capacity and supervision.

a. A facility shall meet employee-to-resident ratios; and

b. A facility shall determine if additional supervision is required to minimize risk while transporting, based on the resident's needs.

4. Vehicle operation. Any vehicle used by a facility for the transportation of residents must:

a. Be maintained and inspected on a monthly basis, with records of inspections maintained at the facility;

b. Be registered and licensed in accordance with North Dakota law and carry vehicle liability insurance;

c. Have a first aid kit stored inside the vehicle;

d. Have a log to track date and time of the transport, who was driving, and the residents in the vehicle. The log book also must list emergency contact information for community first responders and facility administration to notify in case of an accident;

e. Have operating seat belts for the use of all occupants on each transport;

f. Prohibit smoking, tobacco use, and vaping; and

g. Prohibit the use of a cell phone while operating the vehicle.

5. Accident report. A facility shall implement a policy for personnel to follow when operating a facility vehicle impacted by a motor vehicle accident. In addition, the facility shall keep on file a copy of the official police report of any accident involving a facility vehicle transporting residents.

N.D. Admin Code 75-03-40-50

Adopted by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11-03

Law Implemented: NDCC 50-11-02