Chapter 18 Public Transportation

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P UBLIC T RANSPORTATION §18-15 (6) In fixing the capacity of any vehicle whose passenger seating capacity, as determined by subsection (a), is in excess of seventeen passengers, if the examiner of chauffeurs of the County department of finance finds that the minimum inside distance from the aisle floor to the ceiling of any vehicle is seventy-four inches, except any vehicle used exclusively for the transportation of school students in which case the minimum inside distance shall be seventy inches, and that the construction of the vehicle may safely carry an additional number of standing passengers in excess of the actual passenger seating capacity of the vehicle, then the examiner of chauffeurs may fix and allow a rated passenger carrying capacity to the vehicle in excess of the “rated seating capacity,” and for all purposes of this article, the rated passenger carrying capacity, so determined, shall be the “rated seating capacity” of the vehicle, except that the motor vehicle common carrier transporting children to and from school or during school excursions and outings under any school bus transportation contract with the County, the rated passenger carrying capacity shall be the actual passenger seating capacity of the vehicle. (A) In determining the number of standing passengers which the vehicle may carry in excess of its actual passenger seating capacity, the examiner of chauffeurs shall consider as a basis for a determination, but not be limited to, a minimum area of one and one-half square feet of aisle floor space per standing passenger. (B) No vehicle, whose “rated seating capacity,” includes standing passengers therein shall be permitted to carry passengers in excess of its actual passenger seating capacity (as distinguished from its “rated seating capacity”) within any area of the County outside the geographical limits of the City of Hilo; provided that the council may by resolution extend and take away the privilege of carrying standing passengers in any vehicle to any other area of the County and for any period as the council finds necessary. (1983 CC, c 18, art 1, sec 18-15; am 2008, ord 08-107, sec 3.)18-15 Section 18-16. Children excepted from consideration. A child under the age of five years not occupying seating space shall not be considered a passenger within the meaning of this division. (1983 CC, c 18, art 1, sec 18-16.)18-16 Section 18-17. Seating capacity determined by examiner of chauffeurs. The examiner of chauffeurs of the County department of finance shall measure the seating space of every common carrier vehicle and shall determine the seating capacity of each vehicle. (1983 CC, c 18, art 1, sec 18-17; am 2008, ord 08-107, sec 4.)18-17 18-7