Passenger Transport Services Regulations 2023

In this clause –

Subject to subclause (3) or (4), the operational seating capacity of a vehicle being used to provide a passenger transport service is equal to its adult seating capacity, as specified in the record of motor vehicles kept under the Vehicle and Traffic Act 1999 with the following qualifications:

any 3 children being carried on that passenger transport service are to be counted as 2 passengers if none of those children has attained the age of 10 years and the seating positions on the vehicle –

a child being carried on that passenger transport service need not be counted as a passenger if the child has not attained the age of 5 years and is being carried on the lap of another person.

The Commission may determine, having regard to the condition of the route and other relevant factors, that the operational seating capacity of a vehicle used to provide a regular passenger service should be less than the seating capacity determined under subclause (2).

If the Commission gives the accredited operator of a regular passenger service written notice of the making of a determination under subclause (3) in respect of a vehicle, the operational seating capacity of that vehicle when it is being used to provide the service is the seating capacity determined by the Commission under that subclause.

In this clause –

a distance between floor and roof, at each point where a passenger may stand upright, of at least 1.8m; and

an aisle width of at least 380mm; and

a holding device for each standing passenger.

The standing capacity of a prescribed vehicle is the same as the number of holding devices fitted to the vehicle but is not in any case greater than one person for each 1 600cm2 of unobstructed floor space.

The standing capacity of a vehicle providing a passenger transport service that is not a prescribed vehicle is zero.

Subject to subclauses (5) and (6), the operational standing capacity of a vehicle is the same as its standing capacity.

The Commission may determine, having regard to the length of the route and the normal operating speed and other relevant factors, that the operational standing capacity of a prescribed vehicle used to provide a regular passenger service should be less than the vehicle's standing capacity.

If the Commission gives the accredited operator of a regular passenger service written notice of the making of a determination under subclause (5) in respect of a prescribed vehicle, the operational standing capacity of that vehicle when it is being used to provide that service is the operational standing capacity determined by the Commission under that subclause.