Motor Car Amendment (No. 2) Act 1999

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1999/Acts/Motor%20Car%20Amendment%20%28No.%202%29%20Act%201999.pdf

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Motor Car Amendment (No. 2) Act 1999
MOTOR CAR AMENDMENT (N0 2) ACT 1999

1

BERMUDA
1999 : 38

MOTOR CAR AMENDMENT (N0 2) ACT 1999

[Date of Assent 14 September 1999]

[Operative Date 14 September 1999]

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:

Short title
1 This Act may be cited as the Motor Car Amendment (N0 2) Act
1999.

Interpretation
2 In this Act, the "principal Act" means the Motor Car Act 1951.

Amends section 2
3 Section 2 of the principal Act is amended by inserting the
following definition in its proper alphabetical order in subsection (1) —

""funeral home limousine" means a passenger motor car which
has the specifications given in the First Schedule, has seating
accommodation for not more than 8 persons including the
driver, and which is operated by a funeral home for the
transportation of mourners ;".

MOTOR CAR AMENDMENT (N0 2) ACT 1999

2

Amends section 12
4 Section 12 of the principal Act is amended by inserting "a funeral
home limousine" after "a private motor car" in subsection (1).

Inserts new section 25B
5 The principal Act is amended by inserting the following new
section after section 25 A —

"Use of funeral home limousines
25B (1) No person shall use or cause or allow any other
person to use a funeral home limousine except under the
authority and in accordance with the terms and conditions of a
permit granted by the Minister.

(2) No person shall use or cause or allow any other
person to use as a funeral home limousine a motor car which at
the time of its importation into Bermuda was a used motor car.

(3) With respect to permits authorising persons to
operate funeral home limousines —

(a) an application for the grant of a permit shall be
made to the Minister in writing and shall
contain such particulars as the Minister may
require;

(b) the Minister shall consider every such
application and may in his discretion either
grant or refuse to grant a permit;

(c) the Minister, if he grants a permit, may attach to
the permit such terms and conditions as to
additional specifications of funeral home
limousines and their use as he may think
expedient, but shall in no case authorise the
permit-holder to use more than two funeral
home limousines.".

Amends section 64
6 Section 64 of the principal Act is amended by inserting the
following proviso after proviso (c) —

"(d) in the case of motor cars in respect of which a permit
has been issued under section 25B to operate a funeral
home limousine, such distinctive identification marks
as may be prescribed;".

MOTOR CAR AMENDMENT (N0 2) ACT 1999

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Amends section 76
7 Section 76 of the principal Act is amended —

(a) by inserting the following class after "Class (k)" in
subsection (2) —

"Class (l) funeral home limousines.";

(b) by inserting the following new proviso after proviso (a) to
subsection 4 —

"(aa) a driver's licence which is valid for the driving
of an omnibus, airport limousine or a heavy
truck shall also be valid for the driving of a
funeral home limousine;".

Amends section 86
8 Section 86(1) of the principal Act is amended in subsection (1) by
inserting "funeral home limousine" before "public service vehicle" in
paragraph (d).

Amends First Schedule
9 The First Schedule to the principal Act is amended by inserting
the following heading after heading M ('Community Service Vehicles') —

"N FUNERAL HOME LIMOUSINES

1 Length not exceeding 280 inches

2 Width not exceeding 90 inches.".

Amends Second Schedule
10 The Second Schedule to the principal Act is amended by
inserting the following heading after heading M ('Minibuses') —

"N FUNERAL HOME LIMOUSINES

Any funeral home limousine ................ $1,200.".

Amends Traffic Offences Procedure Act 1974
11 Schedule I to the Traffic Offences Procedure Act 1974 is
amended by inserting "Unauthorised use of a funeral home limousine
contrary to Motor Car Act 1951 section 25B " after "Unauthorised use of
invalid chair contrary to Motor Car Act 1951 section 25".

MOTOR CAR AMENDMENT (N0 2) ACT 1999

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Amends Traffic Offences (Penalties) Act 1976
12 Schedule 1 to the Traffic Offences (Penalties) Act 1976 is
amended by inserting the following item after the item "Motor Car Act
1951, section 25" —

" Head 1: Motor Car Act 1951

Head 2: section 25B

Head 3: Unauthorised use of funeral home limousine

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months.".