Question:
I recently got a fine ticket for loading 4 passengers in a toyota tazz. The disc records that 4 persons should be loaded and I was of the opinion that the 4 refers to the passengers and not the driver. Is there any law in our country that can elaborate on this matter? Please help…
Answer:
Regulation 233 applies. You have to measure the seats at the widest part to see how many persons may sit in the vehicle. It is the back seat that you would need to look at as the front seats can obviously handle 1 person each.
Number of persons that may be carried on motor vehicle in relation to seating capacity
Reg 233. (1) Subject to the provisions of regulation 231, no person shall operate on a public road a motor vehicle, other than a minibus or bus which is used for hire or reward, motor cycle, motor tricycle, motor quadrucycle or pedal cycle if—
(a) the number of persons on any seat of such vehicle exceeds the number of persons for whom seating accommodation is provided for on such seat, at the rate of 380 millimetres per person measured at the widest part of the seat with the doors closed; and
(b) the total number of persons carried on such vehicle, excluding persons carried in the goods compartment of the vehicle, exceeds the number of persons for whom seating accommodation, determined in the manner referred to in paragraph (a), is available in such vehicle: Provided that, one child over the age of three years but under the age of six years may be carried on each transverse seat, in excess of the number of persons for whom seating accommodation is available on such seat, determined in the manner referred to in paragraph (a).
(2) Subject to the provisions of regulation 231, no person shall operate on a public road, a minibus, midibus or bus operating in terms of an operating license issued in accordance with the provisions of the NLTTA, first registered after 04 September 2006, if the number of persons on any seat exceeds the number of persons for whom seating accommodation is provided for, on such a seat at a rate of 400 millimetres per person, measured at the widest part of the seat with the doors closed.
(2A) Subject to the provisions of regulation 231, no person shall operate on a public road, a rapid transport bus or a rapid transport bus-train if the number of seated persons exceeds the number of persons for whom seating accommodation is provided for, on such a seat at a minimum rate of 420 millimetres per person, measured at the widest part of the seat with the doors closed but which does not apply to tip up seats in the wheelchair bay.
(3) For the purposes of subregulations (1) and (2) a row of seats shall be regarded as one seat.
(4) Where in this regulation a reference is made to a maximum or minimum dimension, a tolerance of 10 millimetres shall apply to such dimension.
Regards
Alta Swanepoel and Associates