Auxiliary Bicycles Amendment (No. 2) Act 2009
AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009
1
BERMUDA
2009 : 22
AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009
[Date of Assent: 19 June 2009]
[Operative Date: 1 April 2010]
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 Auxiliary Bicycles Act 1954 (the
“principal Act”), may be cited as the Auxiliary Bicycles Amendment (No.
2) Act 2009.
Amends section 1
2 Section 1 of the principal Act is amended by inserting the
following definition in its proper alphabetical order—
“ “Bermuda youth licence” means a licence issued under section
9A;”.
Amends section 9
3 Section 9 of the principal Act is amended—
AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009
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(a) in subsection (1), by adding next after the word “licence”
the words “or Bermuda youth licence”;
(b) in subsection (2), by adding next after the word “licence”
the words “or Bermuda youth licence”; and
(c) in subsection (3), by deleting the word “sixteen” and
substituting the word “eighteen”.
Inserts sections 9A, 9B, 9C and 9D
4 The principal Act is amended by inserting the following next after
section 9—
“Bermuda youth licence
9A (1) A Bermuda youth licence valid for driving a private
auxiliary bicycle or a livery auxiliary bicycle shall be issued to
any person over the age of sixteen years and under the age of
eighteen years who—
(a) makes an application to the Minister;
(b) produces a certificate that demonstrates
successful completion of Project Ride;
(c) produces a certificate of physical fitness; and
(d) pays the fee prescribed in respect of a Bermuda
youth licence.
(2) A Bermuda youth licence issued under this section—
(a) shall bear on the face of it a photograph of the
holder of the licence;
(b) shall be in such form as determined by the
Minister;
(c) shall, subject to any provision of law relating to
the cancellation or suspension of licences, expire
three months after the holder’s eighteenth
birthday; and
(d) shall not be renewable.
(3) If any alteration occurs in respect of the name or
address of the holder of a Bermuda youth licence issued under
subsection (1) the holder shall inform the Minister and shall
deliver up the licence to the Minister for amendment accordingly.
(4) In this section “Project Ride” means a program
established by the Minister for the purpose of educating young
AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009
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persons in the safe and responsible use of auxiliary bicycles and
road safety in general.
Prohibition from carrying passenger
9B (1) No person under the age of eighteen years shall drive
an auxiliary bicycle with a passenger.
(2) No person shall cause or allow a person under the age
of eighteen years to drive an auxiliary bicycle with a passenger.
(3) No person shall be a passenger on an auxiliary bicycle
driven by a person under the age of eighteen years.
Restricted driving hours
9C (1) No person under the age of eighteen years shall drive
an auxiliary bicycle between the hours of 1:00 a.m. and 5:00
a.m.
(2) No person shall cause or allow a person under the age
of eighteen years to drive an auxiliary bicycle between the hours
of 1:00 a.m. and 5:00 a.m.
Prohibition of driving by non-residents
9D No person under the age of eighteen years who is not a
resident of Bermuda shall drive an auxiliary bicycle.”.
Amends section 10
5 Section 10 of the principal Act is amended by adding next after
the words “driver’s licence” wherever they occur the words “or Bermuda
youth licence”.
Amends section 16
6 Section 16 of the principal Act is amended by adding next after
subsection (8) the following—
“(8A) No auxiliary bicycle livery shall hire an auxiliary
bicycle to any person under the age of eighteen years who does
not hold—
(a) a valid Bermuda youth licence; or
(b) a driver’s licence issued to that person before the
coming into operation of this subsection.”.
AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009
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Amends section 27
7 Section 27 of the principal Act is amended by adding next after
the words “auxiliary bicycle licence” the words “, Bermuda youth
licence”.
Amends section 28
8 Section 28 of the principal Act is amended by adding next after
the words “auxiliary bicycle licences” the words “, Bermuda youth
licences”.
Consequential amendment to the Government Fees Regulations
1976
9 The Schedule to the Government Fees Regulations 1976 is
amended by adding the following next after Head 2 item (5)—
“(5a) Issuing a Bermuda
youth licence under section 9A
$22.41”.
Consequential amendment to the Traffic Offences (Penalties) Act
1976
10 The Traffic Offences (Penalties) Act 1976 is amended—
(a) in section 1 in the definition of “driver’s licence”—
(i) by deleting the word “or” and substituting a
comma; and
(ii) by adding next after the words “Auxiliary
Bicycles Act 1954” the words “or a Bermuda
youth licence issued under section 9A of the
Auxiliary Bicycles Act 1954”.
(b) in Schedule 1 by inserting the following next after the
item on section 9(2) of the Auxiliary Bicycles Act 1954—
“Head 1: Auxiliary Bicycles Act 1954
Head 2: section 9B(1)
Head 3: A person under 18 years of age
driving with a passenger
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 9B(2)
Head 3: Allowing a person under 18 years
of age to drive with a passenger
Head 4: summary
AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009
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Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 9B(3)
Head 3: Passenger being driven by a person
under 18 years of age
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 9C(1)
Head 3: Person under 18 years of age
driving during restricted hours
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 9C(2)
Head 3: Allowing a person under 18 years
of age to drive during restricted hours
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 9D
Head 3: Driving of non-resident over 16 years
of age and under 18 years of age
Head 4: summary
Head 5: $400”.
Consequential amendment to the Traffic Offences Procedure Act
1974
11 Schedule 1 of the Traffic Offences Procedure Act 1974 is
amended—
(a) in the item on section 9(1) of the Auxiliary Bicycles Act
1954—
AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009
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(i) by inserting next after the word “licence” the
words “or Bermuda youth licence”, and
(ii) by inserting next after the reference “9(1)” the
words “or section 9A”;
(b) by inserting the following next after the item on section
9(2) of the Auxiliary Bicycles Act 1954—
“A person under 18 years of age driving an
auxiliary bicycle while carrying a passenger
contrary to the Auxiliary Bicycles Act 1954 section
9B(1)
Allowing a person under 18 years of age to drive
an auxiliary bicycle while carrying passenger
contrary to the Auxiliary Bicycles Act 1954 section
9B(2)
A passenger riding on an auxiliary bicycle contrary
to the Auxiliary Bicycles Act 1954 section 9B(3)
A person under 18 years of age driving an
auxiliary bicycle between 1:00 a.m. and 5:00 a.m.
contrary to the Auxiliary Bicycles Act 1954 section
9C(1)
Allowing a person under 18 years of age to drive
an auxiliary bicycle between 1:00 a.m. and 5:00
a.m. contrary to the Auxiliary Bicycles Act 1954
section 9C(2)
Non-resident under 18 years of age driving an
auxiliary bicycle contrary to section 9D”; and
(c) in the item on section 10 of the Auxiliary Bicycles Act
1954, by inserting next after the word “licence” the
words “or Bermuda youth licence”.
Saving
12 A driver’s licence issued under section 9 of the principal Act
before the coming into operation of this Act to a person under the age of
eighteen years at the time of issue is not invalidated by reason only of
the amendment to section 9(3) of the principal Act.
Commencement
13 This Act shall come into operation on such day as the Minister
responsible for Transport may appoint by notice published in the
Gazette.