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Minister Gajraj clarifies seating capacity of minibuses
GINA release, September 17, 2003
Minister of Home Affairs Ronald Gajraj says the
regulations governing the seating capacity of minibuses have been
in existence since 1962, and that the number of seats varies depending
on the size of the bus.
This came in light of allegations from minibus owners of the removal
of seats and conductors from their vehicles.
On a minibus with 14 seats or less, a conductor is not required,
he said. However, minibuses with 15 seats or more must have a conductor
as required by law.
He noted that that some minibus owners contend that they were purchasing
14 seater buses, while the dealers claim that they were 15 seater
vehicles.
The purchase price would be higher if the dealers are selling 15
seaters buses. And so the revenue licence and other statutory documents
such as insurance would be higher.
“What we have sought to do is to have the Traffic Department
involved in the registration of these minibuses, so that the correct
number of seats can be reflected,” said the Home Affairs Minister.
He pointed out that under the Motor Vehicles and Road Traffic Act,
Chapter 51:02 and the Road Traffic Regulations (Subsidiary Legislation)
states that,
150 . (1) The support of all seats shall be firmly fixed in position.
(2) No part of the back of any seat placed lengthwise shall be less
than 54 inches from the corresponding part of the seat facing it.
(3) Transverse seats shall be so fitted that-
(a)There is a clear space of at least 26 inches
in front of every part of the top of the seat back, any handles
or grips which do not project more than 4 inches from the back of
the seat being disregarded when measuring the clear space herein
referred to;
(b)There is a clear space of at least 19 inches between any part
of any other seat which faces it.
Seats over a wheel arch shall not be placed in
such a position as to cause discomfort to passengers.
162. A conductor shall be carried upon every motor
bus with a seating capacity which exceeds 14 passengers;
PART 1X SEATING CAPACITY
163. (1) at the time of registration of any motor
vehicle as a hire car or a motor bus the licencing officer shall
fix the greatest number of persons to be carried therein (hereinafter
referred to as “the permitted number”) and also the
number of persons of the permitted number which may be carried on
the front seat.
(2) The “ permitted number” of a motor bus and a hire
car shall be displayed on the outside of the vehicle by means of
a plate as specified and in the position and manner set out in the
Second Schedule.
In determining the “permitted number” of any vehicle-
(a) when separated seats for each persons are provided, one person
shall be counted for each separate seat provided;
(b) when the vehicle is fitted with continuous seats one person
shall be counted for each complete length of 16 inches measured
in a straight line lengthwise on the front of each seat;
Provided that the licensing officer may, in his discretion having
regard to make or type of vehicle, allow in respect of each person
a length of less than 16 inches.
(3) (a) the licencing officer may, having due regard for the safety
and comfort of the passengers, the state of the roads, and the construction
of the motor bus, permit a motor bus to carry a number of standing
passengers over and above the permitted number, subject to such
conditions as he may think fit………..”
He emphasized that there is no new regulation limiting the buses
to 12 seats or any other number of seats.
“The number of seats on the bus is determined by the measurements
as set out by this regulation which has been in existence since
1962. The number of seats in a minibus depends on the space and
the size of the bus, so there is no regulation limiting the number
of seats to 12,” said Gajraj.
On Friday members of the Minibus Association will meet with the
Minister to discuss the problem.
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Wednesday, September 17, 2003