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<br /> <br /> <br /> <br /> <br /> than thirty-eight inches but less than forty inches, the seating <br /> capacity is three passengers below nineteen years of age. <br /> (3) Each additional fifteen inches shall be seating space for an <br /> additional passenger. <br /> (4) In determining the seating capacity of a vehicle of the so-called <br /> "sampan bus" type, where there is no divisional space between the <br /> side and end seats, the inside perimeter of the seat shall be <br /> measured to determine the length of the seat and the same shall be <br /> considered as but one continuous seating space. <br /> (5) The seating space occupied by the chauffeur shall be included in <br /> and considered as part of the rated seating space of each vehicle. <br /> (6) In fixing the capacity of any vehicle whose passenger seating <br /> capacity, as determined by subsection (a), is in excess of seventeen <br /> passengers, if the examiner of chauffeurs of the County [pehc-e <br /> dept] department of finance finds that the minimum inside <br /> distance from the aisle floor to the ceiling of any vehicle is <br /> seventy-four inches, except any vehicle used exclusively for the <br /> transportation of school students in which case the minimum inside <br /> distance shall be seventy inches, and that the construction of the <br /> vehicle may safely carry an additional number of standing <br /> passengers in excess of the actual passenger seating capacity of the <br /> vehicle, then the examiner of chauffeurs may fix and allow a rated <br /> passenger carrying capacity to the vehicle in excess of the "rated <br /> seating capacity," and for all purposes of this article, the rated <br /> passenger carrying capacity, so determined, shall be the "rated <br /> seating capacity" of the vehicle, except that the motor vehicle <br /> common carrier transporting children to and from school or during <br /> school excursions and outings under any school bus transportation <br /> contract with the County, the rated passenger carrying capacity <br /> shall be the actual passenger seating capacity of the vehicle. <br /> (A) In determining the number of standing passengers which <br /> the vehicle may carry in excess of its actual passenger <br /> seating capacity, the examiner of chauffeurs shall consider <br /> as a basis for a determination, but not be limited to, a <br /> minimum area of one and one-half square feet of aisle floor <br /> space per standing passenger. <br /> (B) No vehicle, whose "rated seating capacity," includes <br /> standing passengers therein shall be permitted to carry <br /> passengers in excess of its actual passenger seating capacity <br /> (as distinguished from its "rated seating capacity") within <br /> any area of the County outside the geographical limits of <br /> the City of Hilo; provided that the council may by <br /> resolution extend and take away the privilege of carrying <br /> standing passengers in any vehicle to any other area of the <br /> County and for any period as the council finds necessary. <br /> <br /> <br /> 2 <br />