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Motor Car Amendment (No.2) Act 2006

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Motor Car Amendment (No.2) Act 2006
MOTOR CAR AMENDMENT (NO. 2) ACT 2006



BERMUDA

2006 : 22

MOTOR CAR AMENDMENT (NO. 2) ACT 2006


Date of Assent: 3 July 2006
Operative Date: Notice in Gazette



ARRANGEMENT OF SECTIONS

1 Short title
2 Amends section 2
3 Amends section 19A
4 Inserts sections 36A, 36B,

36C, 36D and 36E

5 Amends section 37A
6 Amends section 76
7 Amends First Schedule
8 Amends Second Schedule
9 Commencement



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 (No. 2) Act
2006.

Amends section 2
2 Section 2 of the Motor Car Act 1951 (in this Act referred to as
“the principal Act”) is amended —

(a) by deleting the definition of “public service vehicle”; and

(b) by inserting the following definitions in their proper
alphabetical positions —


1



MOTOR CAR AMENDMENT (NO. 2) ACT 2006

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“limousine” means a passenger motor car used in
connection with the operation of a limousine service
as provided under section 36A;

“public service vehicle” means an omnibus, a minibus, a
motor taxi, an airport limousine, a limousine or a
purpose-built public service vehicle.

Amends section 19A
3 Section 19A of the principal Act is amended in subsection (6) by
deleting the definition of “loaner vehicle” and substituting the following
definition —

“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,

but does not include a limousine, and “loaner service vehicle”
shall be construed accordingly.”.

Inserts sections 36A, 36B, 36C, 36D and 36E
4 The principal Act is amended by inserting the following sections
next after section 36 —

“Use of limousines in operation of limousine services
36A (1) No person shall use, or cause or allow any other
person to use a limousine, except under the authority of a valid
permit granted by the Board and authorizing the operation of a
limousine service.

(2) No person shall use or cause or allow any other person
to use a limousine for any purpose which is not one of the
purposes of a limousine service; and if a limousine is used for
any purpose other than a limousine service, then the holder of
the permit and the person who at the material time was the
person in charge of the limousine, notwithstanding section 119,
each commit an offence against this Act.

(3) It shall not be a contravention of subsection (1) to use
a limousine for the purpose of taking it to or from any place
where it is kept or to be kept or for purposes connected with the
repair, maintenance, or fuelling of the limousine or for similar
purposes.

(4) The purpose of a limousine service shall be the
conveyance from or to any place in Bermuda including Bermuda
International Airport, whether for hire or reward or free of

MOTOR CAR AMENDMENT (NO. 2) ACT 2006



3


charge, of persons and the personal baggage or effects of such
persons by reservation or appointment.

(5) With respect to permits authorizing persons to operate
limousine services—

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

(b) the Board shall consider the application under
paragraph (a) and may in its discretion either
grant or refuse to grant a permit;

(c) where a permit is granted, the maximum number
of limousines that may be used for the purpose of
operating the service shall be such as the Board
in its discretion may determine, and shall be
specified in the permit, and the holder of the
permit shall not use or cause or allow to be used
for the purpose of operating the service any
greater number of limousines than that specified
in the permit;

(d) where a permit is granted, the Board shall have a
discretion to impose in such permit a condition
that the holder of the permit shall only use or
cause to be used a limousine of such
specifications as may be specified in the permit;

(e) every permit shall specify the period (to be
determined by the Board) within which the service
is to be instituted, and the Board may revoke any
permit if the holder of the permit fails to institute
the service within the period specified or within
such longer period as the Board in particular
cases may allow;

(f) if at any time it appears to the Board that the
holder of a permit —

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

(ii) is not operating in an efficient manner the
service in respect of which the permit was
granted,

then the Board may, by notice in writing to the
holder of the permit (which notice shall specify the
grounds on which the suspension is made),

MOTOR CAR AMENDMENT (NO. 2) ACT 2006

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suspend the permit for a period of two months;
and where a permit is so suspended by the Board
then, subject to paragraphs (g) and (h), the permit
shall have no effect during the period of the
suspension; and on the expiration of the period of
the suspension, the Board may by notice in
writing to the holder, revoke the permit;

(g) for the purposes of paragraph (f), the operation of
a service in an efficient manner shall be deemed
to include making available for the use of the
public, the number (with reasonable exceptions) of
limousines specified in the permit, and also the
maintenance of limousines in a decent and
comfortable condition, having regard to such
matters as paint work, upholstery, cleanliness
and good external and internal appearance; and
the Board, in determining whether or not a service
is being operated in an efficient manner, may also
take into consideration the behaviour of persons
engaged or employed in the operation of the
service;

(h) before suspending any permit on either of the
grounds mentioned in paragraph (f) the Board
shall give the holder of the permit an opportunity
to object and (if he objects), an opportunity to be
heard by the Board concerning his objection;

(i) where a person is aggrieved by a decision of the
Board 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, and where the court reverses the decision of
the Board, the Board shall not again suspend the
permit during a period of two months from the
date of the reversal of the decision or from the
date on which the suspension of the permit was
due to expire or the revocation of the permit to
take effect, whichever is the latest date; but,
subject as aforesaid, the reversal of that decision
shall not preclude the Board from again
suspending and, subject to this subsection, from
again revoking, the permit;

(j) the Board may at any time require the holder of a
permit to furnish to the Board, in such manner as
the Board may direct, including a sworn
declaration, such information as the Board may
specify, being information required by the Board

MOTOR CAR AMENDMENT (NO. 2) ACT 2006



5


in connection with the discharge of their functions
under this section; and if the Board directs that
the information is to be furnished by a sworn
declaration, the declaration may be sworn before a
Justice of the Peace or a Commissioner for taking
affidavits in the Supreme Court;

(k) without prejudice to any other provision of this
Act relating to the examination of motor cars, the
Board may require the holder of a permit to make
available for inspection by any member of the
Board, or by any person designated by the Board,
all or any of the limousines used for the purpose
of the limousine service operated by him;

(l) hearings by the Board, of applications for permits
shall be open to the public.

(6) Where on the coming into force of this Act, an applicant
for a permit to operate a limousine service under subsection (5),
is already in possession of a permit to operate a motor taxi under
section 33, the Board may in its discretion allow the permit
obtained under section 33 to be swapped for a permit under
subsection (5), provided the applicant meets the criteria for the
grant of a permit under this section.

(7) Subsection (6) shall apply to the first fifty applicants
only.

(8) No person shall use or cause or allow to be used as a
limousine a motor car which at the time of its importation into
Bermuda was a used motor car.

(9) No motor vehicle presently registered in Bermuda shall
be converted to be used as a limousine.

(10) Where a motor vehicle has been registered and used
as a limousine, it shall not subsequently be licensed as a private
motor car or licensed in any other category.

Number of authorized limousines
36B (1) The number of limousines which may be operated in
Bermuda under the authority of permits granted under section
36A shall not in total exceed one hundred.

(2) The Minister may, from time to time, after consultation
with the Board, by Order published in the Gazette, vary the
maximum number of limousines specified in subsection (1).

(3) The negative resolution procedure shall apply to an
Order made under subsection (2).

MOTOR CAR AMENDMENT (NO. 2) ACT 2006

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Transfer of permits
36C (1) Subject to this section, a permit granted under section
36A shall be capable of being transferred by its holder or by the
estate representative of the holder (in both cases in this section
referred to as "the transferor") to another person (in this section
referred to as "the transferee").

(2) The transferor shall make an application for the
transfer of the permit and the application shall be accompanied
by such information relating to the transferee as the Board may
require, and, if the Board is satisfied that the transferee is a
suitable person to operate a limousine service, the Board may
approve the application for transfer.

(3) Upon approval of the application for transfer by the
Board the transferor shall surrender the permit to the Board
which may either cancel the permit and grant a new one to the
transferee subject to such conditions as the Board may
determine, or cause such endorsement to be made on the permit
as may be necessary to evidence the transfer of the permit to the
transferee.

(4) Section 36A shall apply to a permit granted to the
transferee under subsection (3) as it applies to a permit granted
under that section.

Permit as security for loan
36D (1) A permit granted under section 36A or pursuant to
section 36C(3) shall be capable of being used by its holder (in
this section called "the borrower") as security for a loan.

(2) Where the borrower uses his permit as security for a
loan—

(a) the permit together with written evidence of the
loan signed by the person granting the loan (in
this section called "the lender") and by the
borrower shall be submitted to the Director of
Transport Control (in this section called "the
Director") who shall endorse on the permit the fact
of the loan made and shall make and keep a
record of the transaction;

(b) the permit shall, after being duly endorsed, be
returned by the Director to the lender;

(c) on an application in writing signed by the lender
and the borrower requesting cancellation of the
endorsement on the permit, the Permanent
Secretary shall —

(i) cancel the endorsement on the permit;

MOTOR CAR AMENDMENT (NO. 2) ACT 2006



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(ii) make the necessary entries in his
records evidencing the cancellation of
the endorsement; and

(iii) deliver the permit to the borrower;
(d) if during the subsistence of the loan the lender

submits to the Director an application in writing
signed by the lender and the borrower for
permission to transfer the permit to another
person the Permanent Secretary shall submit the
application to the Board and if the Board
considers that other person to be a suitable
person to operate a limousine service, the Board
shall approve the transfer of the permit to that
other person freed and discharged from the loan
endorsed thereon;

(e) the transfer shall be in such form as the Minister
shall approve.

(3) Section 36A(5)(f) relating to the revocation of a permit
shall not apply to a permit which is used as security for a loan
but in the case of a permit so used the Board shall, if the
circumstances specified in section 36A(5)(f)(i) and (ii) occur,
suspend the permit as specified in section 36A and in place of
the power of revocation, may order that the permit be transferred
by the lender to a person whom the Board considers suitable to
operate a limousine service.

(4) No action, suit, prosecution or other proceedings shall
be brought or instituted against the Board or any member of the
Board in respect of any act done bona fide in pursuance or
execution or intended execution of any function under this
section.

Limousines to register with despatching service
36E (1) Without prejudice to anything contained in this Act,
no person shall operate a limousine service unless the
limousine —

(a) is registered with a despatching service; and

(b) is appropriately equipped.

(2) For the purposes of subsection (1)(b) “appropriately
equipped” means equipped with —

(a) a two-way radio set;

(b) a mobile data terminal;

(c) a global positioning device; and

MOTOR CAR AMENDMENT (NO. 2) ACT 2006

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(d) an alarm device,

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

(3) For the purposes of subsection (2) and section 37A —

(a) “two-way radio set” means a radio set capable of
transmitting and receiving message over the air
waves;

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

(c) “global positioning device” means a device which
enables a despatching service to monitor the
location of a limousine which is registered with
that despatching service; and

(d) “alarm device” means a device which when
triggered is capable of alerting the despatching
service with which the limousine is registered,
that the operator of the limousine is in need of
assistance.

(4) Any person who contravenes subsection (1) commits
an offence and is punishable on summary conviction, to a fine of
$1,400.00 for every day during which the offence continues and
shall also be liable to have his permit suspended by the Board
for such period as the Board may think proper.”.

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

(a) by deleting the words “motor taxi” wherever they appear
and substituting “motor vehicle”; and

(b) by deleting the word “taxi” wherever it appears.

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

(a) in subsection 2(g) by inserting next after the words
“motor taxis” but before the semi-colon, the words “or
limousines”;

(b) in subsection (3) by inserting next after the words “motor
taxi” but before the semi-colon, the words “or
limousines”; and

MOTOR CAR AMENDMENT (NO. 2) ACT 2006



9


(c) in subsection (4)(c) by deleting the words “or airport
limousine” and substituting the words “, airport
limousine or limousine”.

Amends First Schedule
7 The First Schedule to the principal Act is amended by inserting
the following paragraph next after paragraph B —

“BA. LIMOUSINES

1 Single deck only
2 Engine capacity not exceeding 5,000 c.c.'s
3 Length overall not exceeding 210 inches
4 Width overall not exceeding 77 inches”.



Amends Second Schedule
8 The Second Schedule to the principal Act is amended by
inserting the following paragraph next after paragraph F —

“FA. LIMOUSINES

Where the dimensions—

do not exceed 5334 mm (210 ins.) in length and 1955.8
mm (77 ins.) in width


$533.90”.



Commencement
9 This Act shall come into force on such day as the Minister
appoints by Notice in the Gazette.