Passenger Seating Capacity For Hire Vehicles

Passenger and Seating Capacity – For Hire Vehicles
NYS DMV Insurance Information & Enforcement System (IIES)
Important Information
February 18, 2021

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
  • Due to recent legislative changes, the number of “SEATS” indicated on all of the following documents must match:
    • NYS DMV Registration/Title Application (MV-82)/Registration Renewal Invitation (MV-3)
    • NYS Insurance Certificate/ID Card
    • NYS DOT Vehicle Inspection form (or Exemption letter), if required
    • NYS 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 NYS insurance certificate requires “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 NYS DMV Registration/Title Application (MV-82) requires the “Adult Seating Capacity” of the vehicle
  • The NYS 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 is based on Passenger Capacity
  • This fee calculation does not include the driver
  • Defined in NYS VTL § 401.7.A 


Taxis and Liveries

Insurance Certificate

  • The NYS insurance certificate requires “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 NYS DMV Registration/Title Application (MV-82) requires the “Adult Seating Capacity” of the vehicle
  • The NYS 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 is based on Passenger Capacity
  • This fee calculation does not include the driver
  • Defined in NYS VTL § 401.7.C

 

Rental Vehicles

Insurance Certificate

  • The NYS 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 NYS DMV Registration/Title Application (MV-82) requires the “Adult Seating Capacity” of the vehicle
  • The NYS 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 is based on Seating Capacity of the vehicle
  • This fee calculation includes the driver
  • Defined in NYS VTL § 401.7.I 

 

Insurance Liability

NYS VTL § 370.1 describes the minimum liability limits for vehicles transporting passengers for hire. The minimum limits for seven (7) passengers does 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 pertains 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.

 

NYS Department of Transportation (NYSDOT) Vehicle Inspection

As of October 15, 2019, the NYS DOT has been including the adult Seating Capacity (including the driver) on their Vehicle Inspection form (MC300C & MC300F).

  • The MC300 seating capacity includes the driver
  • The number of “SEATS” indicated on the following documents must all match:
    • The MC300 Inspection form (or Exemption Letter)
    • The NYS Insurance Certificate/ID card
    • The NYS 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).