Question: I'm wondering what the offence is if I carry three passengers in a vehicle that's only equipped for two? If one passenger was seated on the floor / a box between the two installed seats? It's a 3 ton truck.
Following the deaths of 3 farm workers after the crash of an overloaded 15 passenger van in Abbotsford in 2007, the provincial government added Division 39 to the Motor Vehicle Act Regulations.
This legislation essentially means that you can only carry one person per seat and only on seats that were installed by the manufacturer when the vehicle was produced. Adding seats on your own or not using a seat at all is generally forbidden.
Definition of Designated Seating Position
"Designated seating position" means a seating position for which a seat belt assembly is provided or is required to be provided under the Act.
Seating Requirements for Passengers
39.01 A person who is 16 years of age or more and in a vehicle being driven or operated on a highway must
(a) remain seated in a designated seating position, and
(b) be the only occupant of that designated seating position.
Passengers under the age of 16 are properly seated if they are using a seatbelt or are in a properly installed child restraint.
Driver, Owner and Employer are Responsible
The onus is on the driver to insure that the rules are complied with and there are penalties for the carrier, owner or employer of the driver as well.
Exemptions
There are few exemptions and the most common one is a city transit bus operated by BC Transit.
Penalties
The penalties are found in the Violation Ticket Administration and Fines Regulation. Tickets range from $167 for drivers and passengers to $598 for owners and employers.
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