A driver says the Passenger endorsement is unnecessary because the bus has only 12 riders today, even though it is designed for 20 including the driver. What is the correct response?

1. The endorsement is still required because the design capacity is 16 or more people including the driver
2. The endorsement is unnecessary unless 16 passengers are actually seated
3. The endorsement is required only if all seats are filled
4. The endorsement is required only if the route leaves Ohio