SCHEDULE 1 - Operational capac SCHEDULE 1 - Operational capacity

Regulation 15

1.   Operational capacity

The operational capacity of a vehicle being used to provide a passenger transport service is the sum of its operational seating capacity as determined under clause 2 to this Schedule and its operational standing capacity as determined under clause 3 to this Schedule.

2.   Operational seating capacity

(1) In this clause –

compliant seatbelt means a seatbelt that complies with the relevant second edition ADR or third edition ADR;

[Schedule 1 Amended by S.R. 2024, No. 58, Applied:16 Oct 2024] second edition ADR has the same meaning as in the Vehicle and Traffic (Vehicle Standards) Regulations 2024 ;

[Schedule 1 Amended by S.R. 2024, No. 58, Applied:16 Oct 2024] third edition ADR has the same meaning as in the Vehicle and Traffic (Vehicle Standards) Regulations 2024 .

(2) Subject to subclause (3) or (4) , the operational seating capacity of a vehicle being used to provide a passenger transport service is equal to its adult seating capacity, as specified in the record of motor vehicles kept under the Vehicle and Traffic Act 1999 with the following qualifications:

(a) any 3 children being carried on that passenger transport service are to be counted as 2 passengers if none of those children has attained the age of 10 years and the seating positions on the vehicle –

(i) are not fitted with seatbelts; or

(ii) are fitted with compliant seatbelts that are designed specifically to convert from 2 adult seating positions to 3 child seating positions;