Question:
I would hereby wish to find out what the regulations are in terms of the following scenario;
We are a company with 3 no. 14-ton trucks (with sleeper cab).
I will send out a truck with a driver and an assistant to do the deliveries where some clients assist with offloading, but others don’t. In the case where we do deliveries at our clients that don’t assist with offloading, we are forced to add an extra person.
My question is,
The license disc shows 002 persons, but there is enough space inside the truck for the extra person. Unfortunately, there is no extra seat belt.
Is this allowable or do we have to make other arrangements with regards to the 3rd person?
Answer:
Unfortunately not. The legislation has certain minimum requirements for a seat.
When the vehicle model is homologated the seats are measured and the maximum number of persons allowed in the vehicle is certified. This certification is put on the licence disc.
If the number of persons in the vehicle exceeds the number on the disc, the vehicle is considered to be overloaded. That is why there is no seat belt for a third person.
Reg 233. Number of persons that may be carried on motor vehicle in relation to seating capacity
(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.
