Passenger Seating Capacity - For Hire Vehicles
Passenger/Seating
Seating Capacity indicates the adult seating capacity of the vehicle; which includes the driver and all (adult) passengers.
Passenger capacity indicates the number of adult passengers, excluding the driver.
The number of “SEATS” indicated on all of the following documents must match:
- New York State DMV Registration/Title Application (MV-82)/Registration Renewal Invitation (MV-3)
- New York State Insurance Certificate/ID Card
- New York State Department of Transportation Vehicle Inspection form (or Exemption letter), if required
- New York State DMV Registration Document
NOTE: When applicable, insurance ID cards should specify a "SEATS" count, even though the use of the statement "ALL OWNED VEHICLES" is still permitted by Part 32 of the Commissioner Rules & Regulations.
Buses/School Cars
Insurance Certificate
The New York State insurance certificate requires that “SEATS” be specified on the ID card. For Buses/School Cars, “SEATS” must indicate the adult Seating Capacity (including the driver). The number of “SEATS” on the insurance ID card must match the number of “SEATS” on the Registration.
Registration Application
The New York State DMV Registration/Title Application (MV-82) requires the “Adult Seating Capacity” of the vehicle. The New York State DMV Registration Document must indicate the adult Seating Capacity. This number includes the driver. This allows DMV to capture adult Seating Capacity for all vehicles.
Registration Fees
Registration fees for buses are based on Passenger Capacity. This fee calculation does not include the driver. This is defined in New York State VTL § 401.7.A.
Taxis and Liveries
Insurance Certificate
The New York State insurance certificate requires that “SEATS” be specified on the ID card. For taxis and liveries, “SEATS” must indicate the adult Seating Capacity (including the driver). The number of “SEATS” on the insurance ID card must match the number of “SEATS” on the Registration.
Registration Application
The New York State DMV Registration/Title Application (MV-82) requires the “Adult Seating Capacity” of the vehicle. The New York State DMV Registration Document must indicate the adult Seating Capacity. This number includes the driver. This allows DMV to capture adult Seating Capacity for all vehicles.
Registration Fees
Registration fees for taxis and liveries are based on Passenger Capacity. This fee calculation does not include the driver. This is defined in New York State VTL § 401.7.C.
Rental Vehicles
Insurance Certificate
The New York State insurance certificate requires “SEATS” be specified on the ID card. For rental vehicles, “SEATS” is defined as adult Seating Capacity (including the driver). The number of “SEATS” on the insurance ID card must match the number of “SEATS” on the Registration.
Registration Application
The New York State DMV Registration/Title Application (MV-82) requires the “Adult Seating Capacity” of the vehicle. The New York State DMV Registration Document must indicate the adult Seating Capacity. This number includes the driver. This allows DMV to capture adult Seating Capacity for all vehicles.
Registration Fees
Registration fees for rental vehicles are based on the Seating Capacity of the vehicle. This fee calculation includes the driver. This is defined in New York State VTL § 401.7.I.
Insurance Liability
New York State VTL § 370.1 describes the minimum liability limits for vehicles transporting passengers for hire. The minimum limits for seven (7) passengers do not include the driver. These vehicles would have a total adult seating capacity of eight (8) (with the driver).
The section describing the seating capacity of not less than eight (8) passengers, does not include the driver. The $1.5 million combined single limits pertain to vehicles that have eight (8) passengers and a total seating capacity (with the driver) of nine (9).
For damages for and incident to death or injuries to persons and injury to or destruction of property: For each motorcycle and for each motor vehicle engaged in the business of carrying or transporting passengers for hire, having a seating capacity of not more than seven passengers, a bond or insurance policy with a minimum liability of twenty-five thousand dollars and a maximum liability of fifty thousand dollars for bodily injury, and a minimum liability of fifty thousand dollars and a maximum liability of one hundred thousand dollars for death and a minimum liability of ten thousand dollars for injury to or destruction of property;
for each motor vehicle engaged in the business of carrying or transporting passengers for hire, having a seating capacity of not less than eight passengers, a bond or insurance policy with a combined single limit of at least one million five hundred thousand dollars for bodily injury or
death to one or more persons, and because of injury to or destruction of property in any one accident.
New York State Department of Transportation (NYS DOT) Vehicle Inspection
The NYS DOT includes the adult Seating Capacity (including the driver) on their Vehicle Inspection form (MC300C & MC300F).
The number of “SEATS” indicated on the following documents must all match:
- The MC300 Inspection form (or Exemption Letter)
- The New York State Insurance Certificate/ID card
- The New York State DMV Registration Document
DMV Registration Application
As of October 15, 2019, the NYS DMV requires the Seating Capacity (including the driver) of a vehicle be indicated on the DMV Registration/Title Application (MV-82). The MV-82 is used to generate a NYS DMV Registration Document. If the vehicle is being inspected by NYS DOT, the seating capacity indicated on the MV-82/Registration Document must match the seating capacity indicated on the MC300 (or Exemption Letter).