Ontario School Bus Capacity Rules: How Many Children Legally?

Under Ontario Regulation 419/05 (Vehicle Permits, Highway Traffic Act), school bus capacity depends on bus type and design rating.

Type A, B, C Buses (Conventional, Transit, Small)

• Designed for 16+ passengers: Max children = Design capacity minus 1
• Designed for <16 passengers: Max children = Design capacity minus 2

Type D Buses (Transit-Style, Flat Front)

• Minimum design capacity: 40 passengers
• Max children: Design capacity minus 1 (same as large A/B/C)

Non-School Bus Vehicles

Maximum 16 children in any vehicle not classified as a school bus.

Critical Definitions

• Design capacity = Manufacturer's rated seating (on FMVSS label)
• "Children" = Persons under 18 years
• Each child = one seating position (no doubling, lap-sitting, standing)

Compliance & Enforcement

• Drivers and operators liable for violations
• MTO enforcement blitzes target overloading
• Penalties: fines, CVOR points, possible license suspension

Verification

Check the FMVSS certification label (usually near driver's seat) for exact design capacity. For current regulations, consult Ontario Ministry of Transportation or the e-Laws database.