Motor Car Amendment Act 2005
MOTOR CAR AMENDMENT ACT 2005





BERMUDA

2005 : 16

MOTOR CAR AMENDMENT ACT 2005
Date of Assent: 26 July 2005

Operative date: 5 February 2006


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 (in this Act
referred to as "the principal Act"), may be cited as the Motor Car
Amendment Act 2005.

Amends section 2 of principal Act
2 Section 2 of the principal Act is amended in subsection (1) by
deleting the definition of "radio despatching service" and inserting next
after the definition of "special school" the following—

""taxi despatching service" means the business of directing and
controlling the movement of motor taxis by means of
instructions issued to the drivers of such taxis as provided in
section 35B;".

Amends section 33 of principal Act
3 Section 33 of the principal Act is amended by deleting
subsection (4).


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MOTOR CAR AMENDMENT ACT 2005


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Amends section 35B of principal Act
4 Section 35B of the principal Act is amended—

(a) by deleting the word "radio" from the heading and
substituting the word "taxi"; and

(b) by deleting subsection (1) and substituting the following —

"(1) Without prejudice to anything contained in this Act,
no person shall operate a motor taxi service unless the motor
taxi—

(a) is registered with a taxi despatching service; and

(b) is appropriately equipped.

(1A) For the purposes of subsection (1)(b) "appropriately
equipped" means equipped within six months of the
coming into operation of this subsection, with —

(a) a two-way radio set;

(b) a mobile data terminal;

(c) a global positioning device; and

(d) an alarm device,

approved by the Minister by Order subject to the
negative resolution procedure.

(1B) For the purposes of subsection (1A) and section 37A—

(a) "two-way radio set" means a radio set capable of
transmitting and receiving messages over the air
waves;

(b) "mobile data terminal" means a device which is
capable of receiving text messages from a taxi
despatching service and of responding to such
messages;

(c) "global positioning device" means a device which
enables a taxi despatching service to monitor the
location of a motor taxi which is registered with that
taxi despatching service; and

(d) "alarm device" means a device which when triggered
is capable of alerting the taxi despatching service
with which the motor taxi is registered and all other
motor taxis registered with that taxi despatching
service, that the operator of the motor taxi is in
need of assistance.".

MOTOR CAR AMENDMENT ACT 2005


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Amends section 37A of principal Act
5 Section 37A of the principal Act is amended —

(a) by deleting the word "Radio" from the heading and the
word "radio" wherever it appears in the section and
substituting the words "Taxi" and "taxi" respectively;

(b) by inserting next after subsection (1) the following —

"(1A) Subject to subsection (1B), a person shall not
operate a taxi despatching service unless that taxi
despatching service is furnished with approved
equipment.

(1B) Where prior to the coming into operation of this
subsection a person was operating a taxi despatching
service that person shall, within six months of the
coming into operation of this subsection, take such
steps as are necessary to comply with subsection (1A).

(1C) For the purposes of subsection (1A) "approved
equipment" means equipment which is approved by the
Minister by Order subject to the negative resolution
procedure and which is capable of communicating
with—

(a) a two-way radio set;

(b) a mobile data terminal;

(c) a global positioning device; and

(d) an alarm device."; and

(c) in subsection (6)—

(i) by deleting the comma at the end of paragraph
(b) and substituting "; or"; and

(ii) by inserting next after paragraph (b) the
following —

"(c) operates such a service without the service
being furnished with approved equipment,".

Transitional
6 No person shall be charged for an offence under section 35B (1)
or section 37A (1A) within six months of the coming into operation of this
Act.

Commencement
7 This Act shall come into operation on a day to be appointed by
the Minister by Notice published in the Gazette.




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