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Motor Car Amendment Act 2004

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Motor Car Amendment Act 2004
MOTOR CAR AMENDMENT ACT 2004

1

BERMUDA
2004 : 8

MOTOR CAR AMENDMENT ACT 2004

[Date of Assent: 26 March 2004]

[Operative Date: 1 April 2004]

WHEREAS it is expedient to amend the Motor Car Act 1951 to
make provision for vehicles to be used as loaner vehicles, to increase
vehicle licence duties and matters incidental thereto:

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 (the "principal
Act"), may be cited as the Motor Car Amendment Act 2004.

Amends section 2 of principal Act
2 Section 2 of the principal Act is amended by inserting in the
proper alphabetical order the following definition 

""dealer" means a dealer in motor cars;".

Inserts new sections 19A to 19F in principal Act
3 The principal Act is amended by inserting next after section 19
the following new sections 

MOTOR CAR AMENDMENT ACT 2004

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"Ownership and operation of loaner vehicles
19A (1) Notwithstanding anything in section 16, a dealer and the
owner or operator of a public garage ("loaner vehicle operator")
may, in accordance with this section, own and operate a loaner
vehicle service consisting of not more than —

(a) five private motor cars;

(b) five commercial vehicles; and

(c) two motor taxis.

(2) A loaner vehicle operator shall not operate or cause or
allow any other person to operate a loaner vehicle service except
under the authority of a valid permit granted by the Minister
authorizing the operation of the loaner vehicle service.

(3) A loaner vehicle operator shall not use or cause or allow
any person to use a loaner vehicle, other than a person whose
private motor car, motor taxi or commercial vehicle, as the case
may be, is being repaired by that operator.

(4) A loaner vehicle operator shall not loan to a person
whose motor car is being repaired a loaner vehicle other than a
loaner vehicle of the same class of motor car as the one that is
being repaired (an "appropriate loaner vehicle").

(5) For the purposes of this section, the holder of a valid
driver's licence shall be deemed to be licensed to drive an
appropriate loaner vehicle.

(6) In this section —

"commercial vehicle" means a light truck, an
intermediate truck or a heavy truck as specified in
the First Schedule;

"loaner vehicle" means a motor car which is a private
motor car, a motor taxi or a commercial vehicle
which —

(a) is owned by a dealer or a public garage; and

(b) from time to time is loaned, free of charge, to a
person whose private motor car, motor taxi or
commercial vehicle, as the case may be, is being
repaired by that dealer or public garage, and
"loaner vehicle service" shall be construed
accordingly.

MOTOR CAR AMENDMENT ACT 2004

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Application for permit
19B (1) An application for a permit authorizing a loaner vehicle
service shall be made to the Minister in the prescribed manner
and shall contain the prescribed particulars.

(2) The Minister shall consider every such application and
may in his discretion either grant or refuse to grant a permit.

Permits
19C (1) A permit shall be subject to such terms and conditions
as the Minister may specify.

(2) If at any time the Minister is satisfied that the holder of a
permit —

(a) has divested himself wholly or substantially of the
management and control of the service in respect of
which the permit was granted;

(b) is not operating in an efficient manner the service in
respect of which the permit was granted; or

(c) is not operating the service in respect of which the
permit was granted in accordance with the terms and
conditions of the permit,

then the Minister, subject to subsections (4) and (5), may by
notice in writing to the holder of the permit (which notice shall
specify the grounds on which the suspension is made) suspend
the permit for a period not exceeding twelve months.

(3) Where a permit is so suspended by the Minister then the
permit shall have no effect during the period of the suspension.

(4) Before suspending any permit on any of the grounds
mentioned in subsection (2), the Minister shall give the holder of
the permit an opportunity to object (and if he does object) an
opportunity to be heard by the Minister concerning his objection.

(5) On the expiration of the suspension the Minister may by
notice in writing to the holder revoke the permit.

(6) Where a person is aggrieved by a decision of the Minister
to suspend or revoke a permit granted to him he may have the
matter remitted to a court of summary jurisdiction in the
manner provided and subject to the conditions set out in section
116.

(7) Where the court reverses the decision of the Minister,
the Minister shall not again suspend the permit during a period
of two months from the date of the reversal of the decision or

MOTOR CAR AMENDMENT ACT 2004

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from the date on which the suspension of the permit was due to
expire or the revocation of the permit was due to take effect,
whichever is the later date:

Provided that, subject as aforesaid the reversal of that
decision shall not preclude the Minister from again suspending
or, subject to this subsection, from again revoking the permit.

Minister may vary number of loaner vehicles
19D (1) The Minister may, from time to time, by order published
in the Gazette, vary the number of loaner vehicles which a loaner
vehicle operator may own and operate.

(2) An order made under subsection (1) shall be subject to
the negative resolution procedure.

Permit not transferable
19E A permit granted under section 19B shall not be capable of
being transferred by its holder or by the holder's estate
representative to another person.

Offences against section 19A
19F A person who contravenes any of the provisions of section
19A commits an offence against this Act.".

Amends section 54 of principal Act
4 Section 54(9) of the principal Act is amended by deleting the
definition of "dealer".

Repeals and replaces Second Schedule to principal Act
5 The Second Schedule to the principal is repealed and replaced
by the Schedule to this Act.

Commencement
6 This Act shall come into operation on 1 April 2004.

SCHEDULE (Section 5)

"SECOND SCHEDULE (Section 59)

A MOTOR CYCLES (INCLUDING SCOOTERS)

Where the engine capacity—

does not exceed 100 c.c. $73.00

exceeds 100 c.c. but does not exceed 125 c.c. $80.30

MOTOR CAR AMENDMENT ACT 2004

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exceeds 125 c.c. but does not exceed 150 c.c. $127.75

B PRIVATE MOTOR CARS AND INSTRUCTIONAL VEHICLES

Where the length overall—

does not exceed 3505 mm (138 ins.) $248.20

exceeds 3505 mm (138 ins.) but does not exceed 3658 mm (144
ins.)

$339.45

exceeds 3658 mm (144 ins.) but does not exceed 3810 mm (150
ins.)

$481.80

exceeds 3810 mm (150 ins.) but does not exceed 3963 mm (156
ins.)

$594.95

exceeds 3963 mm (156 ins.) but does not exceed 4115 mm (162
ins.)

$832.20

exceeds 4115 mm (162 ins.) but does not exceed 4217 mm (166
ins.)

$963.60

exceeds 4217 mm (166 ins.) but does not exceed 4293 mm (169
ins.)

$1,120.55

C MOTOR TAXIS

Any motor taxi $266.45

D TRUCKS, TANK WAGONS AND TRACTORS NOT ELSEWHERE
SPECIFIED IN THIS SCHEDULE

The fees specified in this paragraph shall be reduced by 50 per cent in
the case of a tank wagon employed exclusively in the transport of water,

Where the dimensions—

do not exceed 4293 mm (169 ins.) in length and 1702 mm (67
ins.) in width $755.55

exceed 4293 mm (169 ins.) in length and 1702 mm (67 ins.) in
width but do not exceed 4572 mm (180 ins.) in length and
1801 mm (71 ins.) in width $1,007.40

exceed 4572 mm (180 ins.) in length and 1801 mm (71 ins.) in
width but do not exceed 5334 mm (210 ins.) in length and
1931 mm (76 ins.) in width $1,343.20

exceed 5334 mm (210 ins.) in length and 1931 mm (76 ins.) in
width but do not exceed 6096 mm (240 ins.) in length and
2032 mm (80 ins.) in width $1,598.70

exceed 6096 mm (240 ins.) in length and 2032 mm (80 ins.) in
width but do not exceed 6605 mm (260 ins.) in length and
2286 mm (90 ins.) in width $1,938.15

MOTOR CAR AMENDMENT ACT 2004

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E SELF-PROPELLED CONSTRUCTIONAL MACHINES

Where the weight—

does not exceed 5,000 lbs. $620.50

exceeds 5,000 lbs. but does not exceed 10,000 lbs. $773.80

exceeds 10,000 lbs. but does not exceed 15,000 lbs. $996.45

exceeds 15,000 lbs. $1,215.45

F OMNIBUSES AND AIRPORT LIMOUSINES

Where the dimensions—

do not exceed 5812 mm (230 ins.) in length and 1931
mm (76 ins.) in width $934.40

do not exceed 9300 mm (366.14 ins.) in length and 2300
mm (90.55 ins.) in width $1,865.15

G BOAT TRAILERS

For commercial use $383.25

For use by bona fide boat clubs or members thereof $83.95

H TRAILERS

Where the dimensions—

do not exceed 4293 mm (169 ins.) in length and 1702
mm (67 ins.) in width $94.90

exceed 4293 mm (169 ins.) in length and 1702 mm (67
ins.) in width but do not exceed 4572 mm (180 ins.)
in length and 1801 mm (71 ins.) in width $200.75

exceed 4572 mm (180 ins.) in length and 1801 mm (71
ins.) in width but do not exceed 5331 mm (210 ins.)
in length and 1931 mm (76 ins.) in width $401.50

I TRACTOR TRAILERS

Any tractor trailer $2,861.60

J FARM TRACTORS

Any farm tractor $18.25

MOTOR CAR AMENDMENT ACT 2004

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K SPECIAL GARBAGE COLLECTION VEHICLES

Any special garbage collection vehicle $2,306.80

L COMMUNITY SERVICE VEHICLES

Any Community Service Vehicle $675.25

M MINIBUSES

Any minibus $266.45

N FUNERAL HOME LIMOUSINES

Any funeral home limousine $1,324.95

O LOANER VEHICLES  PRIVATE MOTOR CARS

Where the length overall 

does not exceed 3505 mm (138 ins.) $ 264.00

exceeds 3505 mm (138 ins.) but does not exceed 3658 mm
(144 ins.)

$ 360.00

exceeds 3658 mm (144 ins.) but does not exceed 3810 mm
(150 ins.)

$ 504.00

exceeds 3810 mm (150 ins.) but does not exceed 3963 mm
(156 ins.)

$ 624.00

exceeds 3963 mm (156 ins.) but does not exceed 4115 mm
(162 ins.)

$ 876.00

exceeds 4115 mm (162 ins.) but does not exceed 4217 mm
(166 ins.)

$1,008.00

exceeds 4217 mm (166 ins.) but does not exceed 4293 mm
(169 ins.)

$1,176.00

P LOANER VEHICLES MOTOR TAXIS

Any motor taxis $ 276.00

MOTOR CAR AMENDMENT ACT 2004

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Q LOANER VEHICLES  TRUCKS, TANK WAGONS AND TRACTORS
[NOT ELSEWHERE SPECIFIED IN THIS SCHEDULE]

Where the dimensions

do not exceed 4293 mm (169 ins.) in length and 1702 mm
(67 ins.) in width

$ 792.00

exceed 4293 mm (169 ins.) in length and 1702 mm (67 ins.)
in width but do not exceed 4572 mm (180 ins.) in length
and 1801 mm (71 ins.) in width

$1,056.00

exceed 4572 mm (180 ins.) in length and 1801 mm (71 ins.)
in width but do not exceed 5334 mm (210 ins.) in length
and 1931 mm (76 ins.) in width

$1,404.00

exceed 5334 mm (210 ins.) in length and 1931 mm (76 ins.)
in width but do not exceed 6096 mm (240 ins.) in length
and 2032 mm (80 ins.) in width

$1,680.00

exceed 6096 mm (240 ins.) in length and 2032 mm (80 ins.)
in width but do not exceed 6605 mm (260 ins.) in length
and 2286 mm (90 ins.) in width

$2,028.00

In this Schedule "farm tractor" means a tractor employed
exclusively for agricultural purposes.

MOTOR CAR AMENDMENT ACT 2004

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