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Motor Car Amendment Act 2008

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Motor Car Amendment Act 2008
MOTOR CAR AMENDMENT ACT 2008


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BERMUDA

2008 : 9

MOTOR CAR AMENDMENT ACT 2008
Date of Assent: 25 March 2008

Operative Date: 19 June 2010

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 Act 2008.

Inserts new sections 123A to 123I
2 The Motor Car Act 1951 is amended by inserting the following
sections next after section 123

“Interpretation
123A In sections 123A to 123I—

“charges” in relation to towing and impounding of motor vehicles
means charges prescribed by regulations made under section
123I;

“motor vehicle” means a motor car or an auxiliary bicycle;

“owner” means the person in whose name the motor vehicle is
registered under this Act or, if the motor vehicle is not
registered, any other person who is proved to be the owner;

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“pound” means a place designated by regulations made under
section 123I as a place where motor vehicles may be
impounded;

“tow” and “towing” in the case of auxiliary bicycles means
remove and removal respectively.

Seizure, towing and impoundment of motor vehicles
123B (1) A police officer may seize a motor vehicle and drive
it to or have it towed to, and impounded at, a pound in any of the
following circumstances

(a) where the driver of the motor vehicle fails to
produce his or her driver’s licence immediately
upon being requested to do so by a police officer
and the police officer has reasonable grounds for
believing that the driver was driving the motor
vehicle contrary to section 74;

(b) where the driver of the motor vehicle fails to
produce a valid certificate of insurance under
section 4(4) of the Motor Car Insurance (Third-
Party Risks) Act 1943 in relation to the use of the
motor vehicle immediately upon being requested
to do so by a police officer and the police officer
has reasonable grounds for believing that the
driver was driving the motor vehicle contrary to
section 3 of that Act; or

(c) where the driver of the motor vehicle fails to
produce a motor car licence or an auxiliary bicycle
licence, as the case may be, that is in force in
respect of the motor vehicle immediately upon
being requested to do so by a police officer and
the police officer has reasonable grounds for
believing that the driver was driving the motor
vehicle contrary to section 52 of this Act or section
17 of the Auxiliary Bicycles Act 1954, as the case
may be.

(2) A police officer may, for the purposes of seizing a
motor vehicle, enter any building or place (other than a private
dwelling house) where the police officer has reason to believe the
motor vehicle to be. A private dwelling house does not include
any garage or land appurtenant to the dwelling house.

(3) Personal property present in or on a motor vehicle that
has been seized, other than personal property attached to or
used in connection with the operation of the motor vehicle, shall

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be returned to the owner of the property upon request and proof
of ownership.

Seizure notice
123C (1) On seizing a motor vehicle under section 123B, a
police officer shall give a seizure notice in accordance with this
section to the driver of the motor vehicle that is seized.

(2) If the driver is not the owner of the motor vehicle, a
police officer shall, as soon as possible after the motor vehicle
has been seized, give a copy of the seizure notice to the owner.

(3) The seizure notice shall be given by delivering it to the
driver and, where the owner is not the driver, a copy of the
seizure notice shall be given by delivering it to the owner or by
leaving it at the owner’s usual or last known address.

(4) The police officer who gives the seizure notice shall
also give a copy of it to the Minister, to the person who tows the
vehicle and to the operator of the pound where the motor vehicle
is to be impounded.

(5) A seizure notice shall contain the following
information—

(a) the name and address of the driver and the owner
of the motor vehicle as far as can be determined
when the motor vehicle is seized;

(b) the licence number of the motor vehicle;

(c) the date, time and place of the seizure;

(d) the pound where the motor vehicle is to be
impounded and the name of the operator of the
pound;

(e) a statement that the release of the vehicle must be
requested on or before a date that is 60 days after
the seizure of the motor vehicle, which date shall
be specified in the notice;

(f) a statement of the requirements of section 123D
for release of the motor vehicle and a statement of
the charges payable for towing and impounding
the motor vehicle;

(g) a statement that, if a request for release of the
motor vehicle has not been made on or before the
date specified in the notice or if the requirements

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of section 123D have not been met, the Minister
may dispose of it; and

(h) a statement that, if the motor vehicle is disposed
of, the owner of the motor vehicle is liable for
payment of the amount of all reasonable costs of
disposal, as well as the charges for towing and
impounding the motor vehicle, and that the
amount of those charges and costs may be
recovered from the owner as a debt owed to the
Crown and may be deducted from any proceeds of
disposal of the motor vehicle.

Release of motor vehicle
123D (1) The operator of a pound shall release an impounded
motor vehicle to the owner of the motor vehicle, or to a person
authorized by the owner, who requests that it be released, upon
production by the owner or that person of a certificate of release
issued by the Minister.

(2) The Minister shall issue a certificate of release to the
owner, or to a person authorized by the owner, if the owner or
that person pays to the Minister the charges for towing and
impounding the motor vehicle and produces—

(a) a valid driver’s licence authorizing the owner or
that person to drive the motor vehicle;

(b) a valid certificate of insurance under section 4(4)
of the Motor Car Insurance (Third-Party Risks) Act
1943 in relation to the use by the owner or that
person of the motor vehicle; and

(c) a valid motor car licence or auxiliary bicycle
licence, as the case may be, in respect of the
motor vehicle.

(3) The owner of a motor vehicle that has been seized
under section 123B is not liable to pay the charges under
subsection (2) if the owner establishes to the satisfaction of the
Minister that he or she—

(a) was not the driver of the motor vehicle at the time
when it was seized; and

(b) did not know that the motor vehicle was being
driven at that time, had not consented to it being
driven and could not, by taking reasonable steps,
have prevented it from being driven.

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(4) Where a motor vehicle is released to the owner and
the owner is not required to pay the charges for towing and
impounding the motor vehicle, the driver of the motor vehicle is
liable to pay the charges to the Minister and the charges may be
recovered as a debt owed to the Crown.

Disposal of motor vehicles
123E (1) If, by the date specified in the seizure notice in
respect of a motor vehicle, a request for release of the motor
vehicle, accompanied by a certificate of release issued by the
Minister, has not been made, the Minister may dispose of the
motor vehicle, in accordance with this section, in any manner
that the Minister sees fit.

(2) Before disposing of a motor vehicle, the Minister shall
publish in the Gazette a notice that the Minister intends to
dispose of the motor vehicle after the expiry of 30 days from the
date when the notice is published.

(3) A motor vehicle may not be disposed of earlier than
30 days after the date when the notice of intention to dispose of
it is published.

(4) Notwithstanding subsections (1) to (3), the owner of a
motor vehicle or a person authorized by the owner may obtain
the release of the motor vehicle at any time prior to it being
disposed of if they meet the requirements of section 123D for
release of the motor vehicle.

(5) Where the Minister disposes of a motor vehicle, the
Minister shall pay to the owner of the motor vehicle any proceeds
realized from the disposal, after deducting the charges for towing
and impounding the motor vehicle and all reasonable costs
incurred by the Minister in respect of the disposal of the motor
vehicle.

(6) If the amount of the proceeds of the disposal does not
exceed the amount of the charges and costs referred to in
subsection (5), the owner is liable to pay the amount of the
charges and costs that remains outstanding and that amount
may be recovered from the owner as a debt owed to the Crown.

(7) If the driver is not the owner and the Crown is unable
to recover the outstanding amount referred to in subsection (6)
from the owner, the driver is liable to pay the outstanding
amount and that amount may be recovered from the driver as a
debt owed to the Crown.

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Owner’s right against driver
123F If the owner of a motor vehicle that has been seized was
not the driver at the time it was seized, the owner may bring an
action against the driver to recover any charges for towing and
impounding the motor vehicle, and any costs of its disposal, that
the owner has paid.

Payment of charges and liability
123G (1) The Minister shall be responsible for payment of the
charges for towing and impounding a motor vehicle to the person
who tows the vehicle and to the operator of the pound
respectively.

(2) The person who tows a motor vehicle is responsible
for any claims resulting from the towing of the motor vehicle.

(3) The operator of the pound where a motor vehicle is
impounded is responsible for any claims resulting from the
impoundment of the motor vehicle.

(4) The Minister shall not be liable for any loss or
damage as a result of a motor vehicle being seized, towed or
impounded.

Certificate of designation of persons
123H (1) For the purposes of sections 123A to 123G, the
Minister may designate persons who are authorized to tow motor
vehicles and persons who are authorized to act as operator of a
pound.

(2) The Minister shall provide a person who is designated
under subsection (1) with a certificate certifying the person’s
designation and, on towing or impounding a motor vehicle, the
person designated shall show the certificate to the owner or
driver of the motor vehicle if the owner or driver requests proof of
the designation.

Regulations
123I For the purposes of sections 123A to 123G, the Minister
may make regulations—

(a) designating a place as a pound where motor
vehicles may be impounded;

(b) prescribing conditions applicable to persons who
are authorized to tow motor vehicles;

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(c) prescribing conditions applicable to the operation
of a pound and to persons who are authorized to
act as operator of a pound;

(d) requiring persons who are authorized to tow
motor vehicles and persons who are authorized to
act as operator of a pound to have insurance
against loss or damage to motor vehicles that are
towed or impounded, as the case may be; and

(e) prescribing the charges that are payable in
respect of the towing and impoundment of a
motor vehicle.”.

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