Motor Car Amendment (No. 2) Act 1994

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1994/Acts/Motor%20Car%20Amendment%20%28No.%202%29%20Act%201994.pdf

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Motor Car Amendment (No. 2) Act 1994
The Laws of Bermuda
Annual Volume of Public Acts 1994 : 13

1

107

BERMUDA
1994 : 13

MOTOR CAR AMENDMENT (NO. 2) ACT 1994

[Date of Assent 23 March 1994]

[Operative Date 23 March 1994]

WHEREAS it is expedient to amend the Motor Car Act 1951:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act which amends the Motor Car Act 1951 (hereinafter
referred to as the "principal Act") may be cited as the Motor Car
Amendment (No. 2) Act 1994.

Amends section 52
2 Section 52 of the principal Act is amended by inserting next after
subsection (2) the following—

"(3) For the purposes of this section the date of the issue of a
motor car licence shall be deemed to be the day following the anniversary
of the birth of the driver immediately preceeding the actual date of the
issue.

(4) Subsection (3) does not apply to a motor car licence issued
prior to the coming into operation of this Act.".

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Amends section 54
3 Section 54 of the principal Act is amended—

(a) in subsection (1), by deleting the words "A motor car" at
the beginning of that subsection and substituting the
words "Subject to subsections (7), (8) and (9), a motor
car";

(b) in subsection (6), by deleting the words "Unless the
Minister" and substituting the words "Subject to
subsection (7), unless the Minister,";

(c) by inserting next after subsection (6) the following—

(7) The Minister may, in the case of a new
motor car, other than—

(a) a motor car purchased otherwise than
through a dealer; or

(b) a modified motor car,

authorize a dealer to examine the motor car.

(8) Where pursuant to subsection (7) a dealer
examines a motor car and the dealer certifies—

(a) that the motor car is not a motor car
purchased otherwise than through a
dealer;

(b) that the motor car is new;

(c) that the motor car has been examined
by him; and

(d) that the motor car is fit for the purpose
for which it is to be licensed,

that motor car shall be deemed to have been examined
pursuant to subsection (1).

(9) In this section—

"dealer" means a dealer in motor cars ; and

"modified motor car" means a private motor car
the overall length of which—

(a) exceeds the length specified under this
Act in relation to private motor cars; and

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Annual Volume of Public Acts 1994 : 13

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(b) has been modified to accord with the
length so specified.".

Amends section 55
4 Section 55 of the principal Act is amended—

(a) by deleting subsection (1) and the proviso thereto and
substituting the following—

"(1) Notwithstanding anything in section 54(1),
every motor car licensed as a public service vehicle shall
be examined by an examiner once in every successive
period of six months subsequent to the date on which
the motor car licence came into force."; and

(b) in subsection (2), by deleting the words "four - monthly"
and substituting the words "six - monthly".

Amends section 86
5 Section 86 of the principal Act is amended by deleting
subsection (1) and the proviso thereto and substituting the following—

"(1) Subject to the subsections (1A) to (5) and the provisions of
this Part, unless suspended or cancelled under any Act—

(a) a driver's licence issued to a person who was at the time
of such issue eighteen years of age or over—

(i) shall remain in force for the period of
ten years next succeeding the date of
the issue of the licence; and

(ii) may be renewed every ten years without
the applicant for renewal being required
to pass a further driving examination
and to obtain a further certificate of
competence, or to produce a certificate
of physical fitness as is required by the
provisions of section 80; and

(b) a driver's licence issued to a person who was at the time
of such issue sixty-five years of age or over shall remain
in force for a period of five years next succeeding the
date of the issue of the licence and may be renewed for
another period of five years;

(c) a driver's licence issued to a person who was at the time
of such issue seventy-five years of age or over shall

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remain in force for a period of two years next succeeding
the date of the issue of the licence;

(d) a driver's licence valid for the driving of a public service
vehicle, heavy truck, tractor trailer, tank wagon,
community service vehicle or a self-propelled
constructional machine shall remain in force for a period
of three years next succeeding the date of the issue of
the licence; and

(e) a driver's licence issued to a person who was at the time
of such issue a visitor to these Islands within the
meaning of section 84, shall remain in force—

(i) for the period of six months next
succeeding the date of issue of the
licence; or

(ii) for the period which ends upon his next
departure from these Islands after the
issue of the licence,

whichever is the longer period; so, however, that where
the period mentioned in sub-paragraph (ii) exceeds three
years the succeeding provisions of this section shall have
effect notwithstanding that such a person is a visitor to
these Islands.

(1A) Where, but for this subsection, a driver's licence—

(a) issued to a person under subsection (1)(a)(i); or

(b) renewed under subsection (1)(a)(ii),

would remain in force after that person attains sixty-five years of age,
then, notwithstanding the provisions of subsection (1)(a), that driver's
licence shall remain in force until that person attains sixty-five years of
age, and no longer.

(1B) Where, but for this subsection, a driver's licence issued to a
person, or renewed, under subsection (1)(b), would remain in force after
that person attains seventy-five years of age, then, notwithstanding
subsection (1)(b), that driver's licence shall remain in force until that
person attains seventy-five years of age, and no longer.

(1C) Subsections (1), (1A) and (1B) do not apply to a driver's
licence issued prior to the coming into operation of this Act.".

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Annual Volume of Public Acts 1994 : 13

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Amendments to various Acts
6 (1) The enactments specified in the first column of the
Schedule are amended in the manner and to the extent specified in the
second column of that Schedule.

(2) Subsection (1) does not apply to a driver's licence issued
prior to the coming into operation of this Act.

Schedule (section 6)

Amendment to Acts

Enactment Amendment

Auxiliary Bicycles Act 1954 In section 9—

(a) delete the word "three" and
substitute the word "ten";
and

(b) delete the word "triennially"
and substitute the words
"every ten years".

Public Carriage Act 1949 In section 15, delete the words
"twelve calendar months" and
substitute the words "three
years".

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