Motor Car Amendment (No. 3) Act 2008
MOTOR CAR AMENDMENT (NO. 3) ACT 2008



BERMUDA

2008 : 26

MOTOR CAR AMENDMENT (NO. 3) ACT 2008

Date of Assent: 26 March 2008

Operative Date: Notice in Gazette



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, which amends the Motor Car Act 1951 ("the principal
Act"), may be cited as the Motor Car Amendment (No. 3) Act 2008.

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

(a) in subsection (1B), by deleting the words “subsection
(1A)” and substituting the words “this section”;

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

“(1C) No person shall operate or cause or allow any other
person to operate a motor taxi unless the mobile
data terminal and the global positioning device that
the motor taxi is required to be equipped with are
in working order and are switched on.

(1D) When a motor taxi is being operated for hire, the
person who operates the motor taxi shall—


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(a) use the global positioning device for the
purposes of indicating the location of the motor
taxi to the taxi despatching service with which
the motor taxi is registered; and

(b) use the mobile data terminal for the purposes of
receiving messages from, and sending messages
to, that taxi despatching service with regard to
the hiring of the motor taxi.

(1E) Except in the case of emergency, no person who
operates a motor taxi shall use any equipment
other than the global positioning device and the
mobile data terminal for the purposes of
communication, with regard to the hiring of the
motor taxi, between the motor taxi and the taxi
despatching service with which the motor taxi is
registered.”; and

(c) in subsection (2) by—

(i) by inserting next after the words “subsection (1)”
the words “, (1C), (1D) or (1E)”, and

(ii) deleting the words “for every day” and
substituting the words “for the day on which the
offence is committed and for each day”.

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

(a) by inserting next after subsection (5) the following—

“(5A) No person shall operate a despatching service
unless the approved equipment referred to in
subsection (1C)(b) and (c) is in working order and
is switched on.

(5B) When a despatching service is being operated, the
operator of the despatching service shall use the
approved equipment referred to in subsection (5A)
for the purposes of—

(a) tracking the location of motor taxis that are
registered with the despatching service; and

(b) sending messages to, and receiving messages
from, motor taxis that are registered with the
despatching service with regard to the hiring of
them.

(5C) Except in the case of emergency, no person who
operates a despatching service shall use any

MOTOR CAR AMENDMENT (NO. 3) ACT 2008


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equipment other than the approved equipment
referred to in subsection (5A) for the purposes of
communication, with regard to the hiring of motor
taxis, between the motor taxi and the despatching
service with which the motor taxi is registered.”;
and

(b) in subsection (6), by―

(i) deleting the word “or” at the end of paragraph
(b), by replacing the full stop at the end of
paragraph (c) with a semicolon and the word
“or”, and by inserting next after paragraph (c)
the following—

“(d) operates such a service contrary to
subsection (5A), (5B) or (5C).”, and

(ii) deleting the words “for every day” and
substituting the words “for the day on which the
offence is committed and for each day”.

Commencement
4 This Act comes into operation on a day to be appointed by the
Minister responsible for Transport by Notice published in the Gazette.