Motor Car Amendment (No. 3) Act 2001

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2001/Acts/Motor%20Car%20Amendment%20%28No.%203%29%20Act%202001.pdf

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Motor Car Amendment (No. 3) Act 2001
MOTOR CAR AMENDMENT (NO. 3) ACT 2001

1

BERMUDA
2001 : 38

MOTOR CAR AMENDMENT (NO. 3) ACT 2001

[Date of Assent: 27 December 2001]

[Operative Date: 1 January 2004]

WHEREAS it is expedient to amend the Motor Car Act 1951 so
as to provide for the wearing of seat belts and related matters:

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, which amends the Motor Car Act 1951 ("principal Act"),
may be cited as the Motor Car Amendment (No. 3) Act 2001.

Inserts new sections 20A to 20C in principal Act
2 The principal Act is amended by inserting next after section 20
the following sections—

"Seat belts: adults
20A (1) Except as provided by this section and by regulations, a
person shall not drive a motor car on a highway unless he and
any passenger riding in the front seat of the motor car are
wearing a seat belt in conformity with the regulations.

(2) Subsection (1) does not apply

MOTOR CAR AMENDMENT (NO. 3) ACT 2001

2 1989 Revision

(a) to a person riding in the front passenger seat of a
motor car who is under the age of fourteen years; or

(b) in the case of a motor car which does not have seat
belts fitted.

Seat belts: children
20B (1) Except as provided by this section and by regulations,
where a child under the age of fourteen years is in a motor car, a
person shall not without reasonable excuse drive the motor car
on a highway unless the child is wearing a seat belt in
conformity with regulations.

(2) Subsection (1)

(a) does not apply in the case of a motor car which
does not have seat belts fitted;

(b) does not require a child to ride in the front seat of a
motor car which does not have seat belts fitted in
the rear seats.

(3) In this section, "seat belt" includes any description of
restraining device prescribed by regulations; and any reference
to wearing a seat belt shall be construed accordingly.

Offences
20C (1) Any person who—

(a) drives a motor car in contravention of section
20A or 20B; or

(b) rides in the front passenger seat of a motor car
in contravention of section 20A,

commits an offence.

(2) Notwithstanding subsection (1)(b) or any enactment or
rule of law, where the person actually committing an offence
contrary to that subsection is under the age of eighteen years the
driver of the motor car is guilty of the offence.".

Inserts new section 102A in principal Act
3 The principal Act is amended by inserting next after section 102
the following section

MOTOR CAR AMENDMENT (NO. 3) ACT 2001

3

"Power to make regulations concerning seat belts
102A Without prejudice to the generality of the power

conferred on the Minister by section 102(1), the Minister may
make regulations—

(a) excepting from the prohibition in section 20A or 20B

(i) persons of any prescribed description including,
in particular, any person holding a valid
certificate signed by a registered medical
practitioner to the effect that it is inadvisable on
medical grounds for him to wear a seat belt;

(ii) persons driving motor cars in such
circumstances as may be prescribed;

(b) prescribing for the purposes of section 20B, the
description of seat belt to be worn by children and the
manner in which such a seat belt is to be fixed or used;

(c) extending or otherwise varying the classes of motor cars
to which the prohibition in section 20A or 20B applies;

(d) prescribing such other matters concerning seat belts as
appear to him necessary or desirable for the purposes of
section 20A or 20B.".

Transitional
4 No proceedings for an offence under section 20C of the principal
Act shall be instituted until after the period of one year beginning with
the day appointed by the Minister of Transport under section 5 of this
Act.

Commencement
5 This Act comes into operation on such day as the Minister of
Transport may appoint by notice published in the Gazette.