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Auxiliary Bicycles Amendment (No. 2) Act 2009

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Auxiliary Bicycles Amendment (No. 2) Act 2009

AUXILIARY BICYCLES AMENDMENT (NO. 2) ACT 2009



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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.