Policies and Regulations NEPN Code: ECE-R
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Seat Belt Use

During school-related activities the use of seat belts (or the appropriate safety system for younger children) is required for students and staff, whether in private or school-owned vehicles. School buses are exempt from this policy.

All children under the age of 18 must be in the proper safety system at all times. Children under five years of age and under 40 pounds must be in a child passenger restraint system (car seat). Children under five years of age and over 40 pounds may be secured in a seat belt in lieu of a car seat. All vehicle passengers five years of age and older must wear seat belts.

All District employees (temporary and permanent) and their passengers are required to use seat belts while driving any District owned, rented, or leased vehicle. Vehicle(s) for the purpose of this policy means all vehicles equipped with seat belts and also applies to all types of motorized equipment used in construction and maintenance activities carried out by District employees. This includes such units as rubber-tired front-end loaders, mowing tractors, and any of the pieces of equipment in which federal safety regulations require the manufacturer to install seat belts at the factory.

This policy applies with equal force and effect to employees driving with or riding as passengers in District owned, rented, or leased vehicles. The vehicle operator should not drive a vehicle if any passenger refuses to use a seat belt. The District may take disciplinary action against any District employee who does not use a seat belt when installed on a District owned, rented, or leased vehicle.

It is the responsibility of the operator of any District owned vehicle to ensure that there are seat belts present in the vehicle and that they are usable. Unusable seat belts are to be reported to the immediate supervisor or designee immediately and prior to operating the vehicle.

The District reserves the right to make exceptions to this policy on a case-by-case basis when requested in writing by a physician. The request shall be made to the Business Manager or designee.

 

Legal Reference:

SDCL 32-37 - Child passenger restraint system
32-38 - Safety belt system usage in passenger vehicles

 

Regulation   Board Action (formerly 4159.2 & 5140.4)
Approved: 05-13-91 26143P  
Amended: 09-27-93 27432.3fd  
Revised: 03-11-02 33101  
Revised: 09-22-08 35168  
Revised: 10-10-11 36192  
Reviewed: 12-12-16 37652