Vehicle capacity and banding

Vehicle capacity and banding

Context

Vehicle capacity and banding may be identified and applied by the Board in the terms and conditions of licence for passenger directed vehicles. These help to distinguish between different types of passenger transportation service and establish parameters for the type of service provided. 

"Vehicle capacity” is the maximum number of passengers plus a driver that a vehicle can legally accommodate at any one time. 

“Banding” is used to distinguish between different categories and usage of vehicles by capacity. 

Applicability

This policy applies to:

  • Passenger directed vehicles

Policy

Vehicle capacity

Vehicle capacity focuses on the seating capacity of the vehicle, not on the actual number of passengers that a licensee transports at any one time. Unless otherwise stated on the terms and conditions of licence, the number of passengers that a licensee transports ranges from the driver plus one to the maximum number of passengers that a vehicle may legally carry.

If an operator uses a vehicle with a manufacturer’s carrying capacity of greater than 12 persons and removes any seats or seatbelts, so that the vehicle can only accommodate 11 passengers or less (and a driver), then the vehicle meets the definition of a passenger directed vehicle and a special authorization is required from the Board for its operation. 

Vehicle capacity bands

The Board typically utilizes standard terminology to describe certain types of vehicles and their capacity in the terms and conditions of licence. Unless the Board specifies otherwise, vehicle capacity on terms and conditions of licence applications will be in one of the following bands:

Table 1: Vehicle Bands for PDVs

Vehicle Category

Description

T

Taxis must accommodate a driver and not less than 2 passengers and not more than 7 passengers. Licensees: a) Charge metered rates and have Board authorization to use a taxi meter, or b) Charge non-metered rates and have a licence that contains express authorization to use a top light or pick up hails and flags from the street, and operate one or more vehicles.

SL

Sedan limousines must accommodate a driver and not less than 3 and not more than 5 passengers. Vehicles which bear a National Safety Mark or Compliance Label as a passenger car under the Canada Motor Safety Act that has 4 passenger doors, a closed body, and a wheelbase of not less than 113 inches (287.02 cm).

SV

Small vehicles accommodate a driver and not less than 2 and not more than 5 passengers. Vehicles smaller than Large Vehicles and are not taxis or sedan limousines.

LV

Large vehicles accommodate a driver and not less than 6 and not more than 11 passengers. Limousines, larger passenger vans, sport utility vehicles, etc.

PSB

Perimeter seating buses accommodate a driver and 12 or more passengers, such as super stretch limousines and limousine buses.

M

Motorcycles must accommodate a driver and not less than 1 passengers and not more than 2 passengers. Vehicle to be a motorcycle as defined by the Motor Vehicle Act.

Legislation

Passenger Transportation Act

23 (1) A person must not operate a motor vehicle as a type of commercial passenger vehicle unless the following requirements are met:

(a)    the motor vehicle is being operated under a valid licence that authorizes the motor vehicle to be operated as that type of commercial passenger vehicle;

(b)    the motor vehicle is being operated under a valid safety certificate;

(c)    the person meets prescribed requirements and is otherwise operating the motor vehicle in compliance with the licence, this Act, the regulations and other applicable laws;

Passenger Transportation Regulation

3 (1) Subject to subsection (3), the number of persons prescribed for the purposes of paragraph (a) (i) of the definition of "passenger directed vehicle" in section 1 of the Act is 11.