Driver not to overload bus
94 Driver not to overload bus
The driver of a bus must not—
carry at any one time in a single-decked bus (or on either deck of a two-decked bus) a greater number of passengers seated than the number authorised to be carried seated in the single-decked bus (or on that deck of the two-decked bus), or
carry at any one time in a single-decked bus (or on the lower deck of a two-decked bus) a greater number of passengers standing than the number authorised to be carried standing.
Maximum penalty—5 penalty units.
In calculating the number of passengers being carried, the following persons are not to be taken into account—
any child apparently under the age of 5 years who is being held on the lap of a seated passenger,
of the children apparently under the age of 12 years (whether seated or standing), every third such child.
For the purposes of subclause (2)(b), the following children are not to be taken into account—
children who are seated on single seats,
children who are seated on multiple seats that are designed (either by means of fixed armrests or seating places contoured for individual passengers) so as to be impracticable for use by more than the number of passengers for whom they are designed.
The number of passengers who, for the purposes of this clause, are authorised to be carried seated, or are authorised to be carried standing, is the appropriate number specified in a certificate issued by the manufacturer of the bus or by a consulting engineer approved by TfNSW for the purposes of this clause.
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