For the purposes of 2° of article R. 211-10, transport is considered to be carried out in sufficiently safe conditions:
a) With regard to passenger cars, estate cars and vehicles used for the public transport of persons, when the passengers are transported inside the vehicles;
b) In the case of commercial vehicles, when the persons being transported are seated either inside the cab, on a platform fitted with sideboards, or inside an enclosed body, and when their number does not exceed eight in addition to the driver; in addition, the number of persons transported outside the cab must not exceed five.
For the application of the foregoing provisions, children under ten years of age count for only half the number of passengers;
c) For tractors not falling into category b, where the number of persons carried does not exceed the number of seats provided by the manufacturer;
d) As regards two-wheeled vehicles and three-wheelers, when the vehicle carries only one passenger in addition to the driver; a second passenger may, however, be carried when the vehicle is a tandem.
In addition, where the vehicle is fitted with a sidecar, the number of persons carried in the sidecar must not exceed the number of seats specified by the manufacturer; the presence of a child under the age of five, accompanied by an adult, does not mean that this limit is exceeded;
e) With regard to trailers and semi-trailers, where these are built to carry passengers and where the passengers are carried inside the trailer or semi-trailer.