HomeMy WebLinkAboutORD 1947-037v
COUNTY OF HAWAII
TERRITORY OF HAWAII
ORDINANCE N0. 37
AN ORDINANCE TO PROVIDE FOR THE DETERMINATION OF THE PASSENGER
CARRYING CAPACITY OF MOTOR VE[iICLE COMMON CARRIERS OF PASSENGERS
IN THE COUNTY'OF HAWAII.
BE IT ORDAINED BY THE BOARD OF SUpERVLSORS OF THE COUNTY OF HAWAII:
Section 1. DETERMINATION OF PASSENGER CAPACITY. The seating
(i.e. passenger carrying) capacity of each motor vehicle common
carrier of passengers, as defined in Act 186, S.L. 1941, operating
over any public street or highway within the County of Hawaii shall
be determined and rated as follows:
e. If the length of any seating apace in the vehicle is
twenty-two (22) inches or less, the seating capacity of such sgace
is one passenger;
b. If more than twenty-two (22) inches but not more than
thirty-eight (38) inches, the seating capacity is two passengers;
c. Each additional fifteen (15) inches or fraction thereof
shall be considered as seating space for an additional passenger;
d. In determining the seating cepaclty of vehiolea of the
so-called "Sampan Bua" type, where there is no divisional space
between the side and end seats, the inside perimeter of the seat
shall be measured to determine the length of the seat and the same
shall be considered as but one eontinuoua seating apace;
e. The seating apace occupied by the chauffeur shall be
included in and considered es part of the rated seating space of
each vehicle.
f. (1) In fixing the capacity of vehicles whose passenger
seating capacity, es determined above, is in excess of 17 passengers,
if the Examiner of Chauffeurs of the Police Department of the $~~~i~,.
w i c, _._.
E"
i' , , ,
County of Hawaii, shall Pind that the minimum inside distance from
the aisle floor to the ceiling of any such vehicle is 74 inches,
and that the construction of such vehicle is such that it may safely
carry an additional number oP standing peasengers in excess of the
actual passenger seating capacity of such vehicle, then the Examiner
of Chauffeurs aforesaid may, in his discretion, fix and allow a
rated passenger carrying capacity to such vehicle in excess of the
'rated seating capacity', and for all purposes of this ordinance,
such rated passenger carrying capacity, so determined, shall be
deemed the 'rated seating capacity' of such vehicle.
(2) In determining the number of standing passengers
which such vehicle may carry in eacess of its actual passenger
seating capacity, the Examiner oY Chauffeurs, aforesaid, shall con-
sider ea a bsais for such determination (but not be limited thereto),
a minimum area of 1~ square Peet of aisle floor space per standing
passenger.
(3} No such vehicle, whose 'rated seating capacity', as
above determined, shall include standing passengers therein, shall
be permitted to carry passengers in eacess of its actual passenger
seating capacity (as distinguished from its 'rated seating capacity')
within any area of the County of Hawaii outside the geographical limits
of the City of Hilo; Provided that the Board oY Supervisors may by
resolution extend and take away the privilege oP carrying standing
peasengers in any such vehicle to such other areas of the County oP
Hawaii and for such periods as the Board shall find necessary.
Section 2. CHILDREN: A child under the age oP five (5) years
not occupying seating space shall not be considered a passenger within
the meaning of this Ordinance.
Section 3. NO LICENSE TO BE ISSUED IN EXCESS OF RATED CAPACITY:
No license shall be issued in the County of Hawaii under Section 2528
oP the Revised Laws of Hawaii 1935, for any such motor vehicle common
carrier of passengers allowing Por the carrying of peasengers of a
_~
number in excess of the .rated seating capacity of the vehicle, as
above determined.
Section 4. E%AAaINER OF CHAUFFEURS TU DETEPMINE SEATING
CAPACITY: The Examiner of Chauffeurs of the Pol ce Department of
the County of Hawaii shall measure the seating space of every such
vehicle common carrier and shall determine the seating capacity of
such vehicle.
Section 5, SEATING CAPACITY TO BE PAINTED ON VEHICLE. Tha
seating capacity of each vehicle, except a sedan operated as a taxi-
cab, shall be painted in numerals at least six (6) inches high upon
the right exterior of such vehicle, in such place and color as the
Examiner of Chauffeurs shall direct; also the seating capacity of
each vehicle shall be indir,ated in numerals two (2) inches high,
painted. in the upper right corner of the windshield, such numerals
shall be painted on the inside of the windshield in such a manner
as to be readily legible from the inside of the vehicle.
Section 6. PENALTY: If any such motor vehicle common carrier
of passengers operating upon or using the public streets or highways
of the County of Hawaii. shall. carry passengers (including the
chauffeur) in excess of the rated seating capacity, the chauffeur
thereof shall.. be guilty of a misdemeanor and shall be punished by
fine not to exceed Five Hundred Dollars 0500.00).
-3-