(a) In addition to Section 80074, the following shall apply:

(b) The licensee and their staff are prohibited from smoking a tobacco product, or permitting any person from smoking a tobacco product in a motor vehicle that is regularly used to transport children, regardless of when the children are present. This prohibition applies when the motor vehicle is moving or at rest. Smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code, and tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

(c) The licensee shall provide transportation for a child in a timely manner to and from the following:

(d) The licensee shall ensure that the transportation provided safeguards the health and safety of a child and shall not violate the personal rights of a child as required by Section 84072, including the right to have equal access to all available services and to not be subjected to discrimination on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.

(e) The licensee may satisfy the obligation to provide transportation as required by this section if the licensee has entered into a written agreement with a third party, such as an agency, entity or individual, for the regular provision of transportation. The written agreement shall be made available to the department upon request. The licensee may also satisfy the obligation to provide transportation as required by this section if the licensee uses a third party on a rare occurrence, that is not regular or routine, to provide transportation without a written agreement and the licensee meets all requirements for the reasonable prudent parent standard.