HomeMy WebLinkAboutORD 1967-034~z~ ~
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COUI~iTY OF HAiVAII - STA1^E OF HAIIAII
ORDIIANCE 'tJO, 34
AN ORDINANCE TO PROVIDE FOiZ THE DETERi?liiATIOPi OP THE PASSENGER
CARRYIIIG CAPACITY OF LiCJI'OR VEHICLE COPII:IOPi CA'RI]?RS OF PASSENGERS
IN THE COUNTY OF HA';iAII ,
BE IT ORDAINED BY 'i'Ii0 BOA_~D CF SUPERVISORS Ol' TIDE COUNTY OF
HALTAI I
SECTION 1. DETERIIIIJATIOid OF PASSENGER CAPACITY. The seating
(i.e. passenger carrying) capacity of each motor vehicle common
carrier of passengers, as defined in Chapter 160-141, Revised Laws
of Hawaii 1955, operating over any public street or highway within
the County of Hawaii shall be determined and ratted as follows:
a, If the length of any seating space in t: he vehicle is
twenty••two (22) inches or less, the seating capacity of such space
is one passenger.
b. If the length of any seating space is more than twenty-ttro
(22) inches but not more than Thirty-eight (38) inches, the seating
capacity is two passengers; provided, however, that for any motor
vehicle common carrier transporting children to and from school or
during school excursions and ou tings under any school bus
transportation contract with the County o:F Hawaii, if the length
of any seating space is more than thirty-right (38) inches but less
than forty (40) inches, the saa±ing capac±y i_s three passengers
below nineteen (19) years of sg2.
c. Each additional fifteen ':15) inches shall be considered as
seating space for an additional passenge:°.
d. In determining tlu~ seating capacity of vehicles of the
so-called "Sampar- Bus" type, wt.ele ±here is no divisional space
between the side and end setts; ~i:e inside perirneter of the seat
shall be measured tc cetermine the length of the seat and the same
shall be considered as bu-- one cor.'einuous seating space;
e. The seating space occupied by the chauf:Peur shall be included
in and considered as pa:r.t of the rated seeiting space of each vehicle.
f. (1) In fixing the capacity of vehicles whose passenger
seating capacity, as determined above, is in excess of 17 passengers,
if the Examiner of Chauffeurs of the Police Department of the County
of Hawaii, shall find that the minimum inside distance from the
aisle floor to the ceiling of any such. ve'_Zic1e is 74 inches,
excepting any vehicle used exclusively for the transportation of
school students in which case .. he minimmm inside distance shall be
70 inches, and that the construction of such vehicle is such that
it may safely carry an additional number of standing passengers 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 far all purposes of
this ordinance, such rated passenger r_arrying capacity, so determined,
shall be deemed the "rated seating capacity" of such vehidle,
except that the motor vehicle common carrier transporting children
to and from school or during school excursions and outings under any
school bus transportation c-~ntract with the County of Hawaii, th2e
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rated passenger carrying capacity shall be the actual passenger
seating capacity of such vehicle.
(2) In determining, the number of standing passengers which
such vehicle may carry in excess of its actual passenger seating
capacity, the Examiner of Chauffeurs, aforesaid, shall consider as
a basis for sucks determination (but not be limited thereto), a
minimum area of 11 square feet of aisle floor space per standing
passenger.
(3) P1o such vehicle, whose "rated seating capacity," as above
determined, shall include standing passengers t: herein, 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 of- Havraii cutside the geographical
limits of the City of Hilo; provided that the I3oard of Supervisors
may by resolution extend and take aoray the privilege of carrying
standing passengers in any such vehicle to sucks other areas of the
County of Hawaii and for such periods as 'the Board shall find
necessary.
SECTION 2. CHILDRE~1, A child under the age of five (5) years
not occupying seating space shall not be considered a passenger
within the meaning of this Ordinance.
SECTIOPI 3, i10 LICEbISE TU BE ISSUED IN EY.CESS OP RAPED CAPACITY.
No license shall be issued in the County of Hawaii under Section
155-111, Revised Laws of Hawaii 1955, for any such motor vehicle
common carrier of passengers alloc.~ing for the carrying of passengers
of a number in excess of the rated seating capacity of the vehicle,
as above determined.
SECTION 4, El.AiiIPIER OF' CHAUFFEURS TO DETERP,IIIdE SEATING CAPACITY.
The Examiner of Chauffeurs of the Police 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,
SECTIODI 5. SEATIPIG CAPACITY `I'0 BE PAINTED ON VEHICLE, The
seating capacity of each vehicle, except a sedan operated as a
taxicab, 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 indicated in numerals twc (2) inches high,
painted in the upper right corner of the windshield in such a manner
as to be readily legible from the inside of the vehicle.
SECTION 6, PENALT
of passengers operating
of the County of Hawaii
chauffeur) in excess of
thereof shall be guilty
fine not to exceed Five
Y. If any such motor vehicle common carrier
upon or using they public streets or highways
shall carry passengers (including the
the rated seating capacity, the chauffeur
of a misdemeanor and sh+311 be punished by
Hundred Dollars (~~500.00),
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