a We operate a 12-seater public service vehicle on contract to
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an education committee for carrying school children. We understand that with this 12-seater we may carry 18 children under the age of 12 but if the vehicle were a "non-p.s.v." it would be restricted to carrying only 12 children. Is this correct?
AThe relevant regulations are the Public Service Vehicles and Trolley Vehicles (Carrying Capacity) Regulations, 1954 (No. 1612), and as amended.
Regulation 3 provides that where children only and, if any, not more than six necessary attendants are carried on a vehicle, then in reckoning the number of seating passengers carried, three children not exceeding 15 years of age may be reckoned as two passengers. But where the seating capacity is not for more than 12 passengers only nine such children can be so reckoned. In the case of a 12-seater the effect of this would be that nine children could be carried in place of six adults with a further six passengers, whether adult or children, making a total of 15.
It is also provided in Regulation 3 that where a child attains the age of 15 during a school term the child shall not, for the purposes of this regulation be considered more than 15 years old during that term.