Motor Car Act 1951

PART III
USE OF MOTOR CARS BY HER MAJESTY'S AND THE UNITED STATES FORCES

48 Application of Act to mo tor cars used by H.M.'s and U.S. Forces

49 Use of motor cars in time of war

50 Use of motor cars in time of peace

PART IV
MOTOR CAR LICENCES AND REGISTRATION

51 Trailers

52 Motor car licences

53 Inclusion of special con ditions in certain motor car licences

54 Examination of motor cars in connection with motor car licences

55 Special provision for quarterly examination of public service vehicles

56 Minister may exempt cars in service of Forces from inspection

57 Trade licences

58 Export certificates

59 Licence duties

60 Exemptions for Govern ment owned motor cars

61 Exemptions in favour of Her Majesty's and United States Forces

62 Exemption for United States contractors work ing at Bases

62A Exemptions in favour of physically disabled per sons

63 Motor car register

64 Identification marks

65 Prohibition of use of un registered motor cars

66 Cancellation of registra tion of motor car

67 Change of ownership of motor car

68 Disposal of motor vehicles

69 Furnishing of information

70 Lost licences

71 Record of licences

72 Regulations in connection with Part IV

73 Authorization of move ment of unlicensed motor cars

PART V
DRIVERS' LICENCES

74 Drivers' licences

75 Drivers' licences to bear photograph of holder

76 Issue of drivers' licences

77 Driving instructors

78 Driving examinations

79 Issue of learner's permit

80 General restrictions on is sue of drivers' licences

81 Minimum age for issue of drivers' licences in respect of certain classes of motor car

82 Discretionary powers of Board concerning issue of drivers' licences to drive public service vehicles

83 Discretionary power of Minister concerning issue of drivers' licences to drive heavy trucks

84 Special provisions con cerning issue of drivers' li cences and learners' per mits to visitors

85 Production of driver's li cence

86 Duration and renewal of drivers' licences.

87 Duration and renewal of learners' permits

88 Suspension and cancella tion of driver's licence or learner's permit by Min ister

89 Examination by medical reference committee

90 Cancellation of licence to drive public service vehi cle

91 Exemptions in favour of Her Majesty's and United States Forces

92 Exemption for police offi cers

93 Furnishing of information regarding drivers' li cences, etc

94 Duplicates of lost drivers' licences

95 Record of drivers' licences

96 Regulations

PART VI
PUBLIC GARAGES

97 Saving for other Acts

98 Powers of Minister in re lation to public garages

99 Control of use of public garages

100 Examination and regis tration of motor car me chanics

101 Regulations in connection with the operation of pub lic service vehicles

PART VII
REGULATIONS, SUPPLEMEN TAL POWERS, LEGAL PRO CEEDINGS AND MISCELLA NEOUS PROVISIONS

102 Power of Minister gener ally to make regulations

103 Power of Minister to make regulations concerning particular matters

104 Parliamentary scrutiny of regulations

105 Notices to be in writing

106 Authentication of docu ments

107 Service of notices, orders, etc

108 Notification of right to have certain matters re mitted to a court

109 Effect of orders of Minister or Board

110 Interpretation for pur poses of Part VI

111 Obligation to stop motor car at request of police of ficer

112 Giving of name and ad dress and production of licence

113 Powers of police officer where motor car or equipment is defective

114 Duty of owner to give in formation as to driver and occupants of motor car

115 Power of arrest

116 Remission of matter to

"fire-fighting vehicle" means a motor car which is used as a fire engine or fire-fighting tender or auxiliary;

"heavy truck" has the meaning given in section 40;

"highway" means any street, road or place over which the general public have a right of way, and shall be deemed to include any place where for the time being motor traffic is being con trolled by a police officer;

"Her Majesty's Services" means any of the naval, military or air services of Her Majesty;

"instructional vehicle" means a motor car which is designed, constructed and used specifically for the purpose of providing instruction in driving by a driving instructor;

"invalid carriage" means a mechanically propelled vehicle capa ble of a speed of not more than 12 kilometres per hour which is specially designed and constructed, and not merely adapted, for the use of persons suffering from some physical disability, and is used solely by such persons;

"learner's permit" means a permit issued under section 79 to a person who is learning to drive a motor car;

"length overall" in relation to a motor car means the length mea sured between the front and rear of the motor car including all appendages:

Provided that, in the Second Schedule, in relation to any motor car not exceeding 162 inches in length it means the length specified by the manufacturer as being the standard length for the particular model;

"minibus" means a motor car, being a motor car (other than an airport limousine or an omnibus) which has seating accommodation for not less than eleven passengers, and which is lawfully used for the conveyance of passengers for hire or reward;

"the Minister" means the Minister of Transport;

"motor car" means any vehicle, of whatsoever description, which is propelled by mechanical or electrical power, except �

(i) an auxiliary bicycle;

(ii) a vehicle used exclusively on rails;

"motor car licence" means a licence issued under this Act to use a particular motor car on the highways of Bermuda;

"motor car register" has the meaning given in section 63(1);

"motor-cycle" has the meaning given in section 24;

"motor taxi" means a motor car, being a motor car which has seating accommodation for not more than six passengers, which is lawfully used for the conveyance of passengers for hire or reward;

"naval or military road" means a road which is under the control of the Lords Commissioners of the Admiralty, or of Her Majesty's Secretary of State for Defence;

"omnibus" means a motor car, being a motor car (other than an airport limousine) which has seating accommodation for not less than eleven passengers, which is lawfully used for the conveyance of passengers for hire or reward;

"owner", in relation to a motor car, includes a person entitled to the possession thereof under a hire purchase or instalment purchase agreement, and, except where the context otherwise requires, includes a part-owner;

"passenger motor car" has the meaning given in section 12;

"plying for hire" means plying or standing for hire by passengers whether on a highway or not; and cognate expressions shall be construed accordingly;

"police officer" means any member of the Police Service;

"prescribed" in relation to any fee, means prescribed by regula tions under the Government Fees Act 1965 [title 15 item 18]; and, in relation to any other matter or thing, means pre scribed by regulations made under this Act;

"private light truck" means a truck having the specifications given in the First Schedule and which, by virtue of a permit granted under section 40(1), may be used by the grantee of the permit as a private motor car;

"private motor car" has the meaning ordinarily assigned to that expression, that is to say, a passenger motor car other than a public service vehicle or a motor cycle, which is primarily used for the convenient conveyance of its owner from one place to another;

"public garage" means any premises and any land appurtenant thereto, which is used for the repair or servicing of motor cars, or for the keeping or storage of motor cars, in connec tion with any business or commercial undertaking the activi-ties of which consist of or include the repair or servicing of motor cars;

"public service vehicle" means an omnibus, a minibus a motor taxi an airport limousine or a purpose-built public service vehicle;

"purpose-built public service vehicle" means a motor car referred to in the proviso to section 10(1);

"radio despatching service" means the business of directing and controlling the movement of motor taxis by means of instruc tions issued to the drivers of such taxis through the medium of radio waves;

"repair and servicing", in relation to a motor car, means repairing or putting that motor car in order, installing thereon fittings and equipment, fuelling, lubricating, washing and otherwise maintaining the motor car, and examining the motor car with a view to discovering faults and defects; and cognate expres sions shall be construed accordingly;

"self-propelled constructional machine" includes a road roller, a road grader, and any vehicle which, in the opinion of the Minister, is primarily a crane or a mechanical contrivance de signed for use in connection with works of construction, ex cavation and the like;

"special school" has the meaning given in section 42 of the Edu cation Act 1954 [title 12 item 1];

"tractor" has the meaning given in section 43;

"specifications" and "statutory specifications" have the meanings respectively given in section 10;

"tank wagon" means a motor car constructed for the carriage of liquids in bulk;

"traffic officer" means a traffic officer within the meaning of sec tion 7;

"trailer" means a vehicle which has no independent motive power of its own, and which is attached by a draw bar or rigid shaft to a motor car;

"truck" means a motor car which is so constructed as to show that its primary purpose is the carriage of goods, substances, animals or other loads;

"the United States Services" means any of the military, naval or air services of the United States of America;

"United States road" means a road situated within an area which is leased to the United States of America in pursuance of the United States Bases Agreement or which by virtue of any Act is in the possession of the United States of America;

"used motor car" has the meaning given in section 15.

(2) [deleted by 1988:27]

(3) Except where otherwise expressly provided, nothing in this Act or in any regulations made thereunder shall apply in relation to the use or driving of a motor car, or in relation to the use of a trailer, else where than on a highway.

(4) Nothing in this Act shall derogate from or abridge the Road Traffic Act 1947 [title 21 item 3].

(5) Except as provided in this section and in section 25 this Act shall not apply to an invalid carriage.

(6) Notwithstanding any other provision in this Act the pur chaser of a timesharing interval in a timesharing scheme shall not be entitled to be registered as the owner of a motor car in relation to any such timesharing interval; and for the purpose of this subsection "purchaser", "timesharing interval" and "timesharing scheme" have the meanings respectively given in the Timesharing (Licensing and Control) Act 1981 [title 26 item 33A].

(7) Notwithstanding anything in this Act contained the Minister may exempt any motor car or class of motor car brought temporarily into Bermuda for the purpose of being used in any parade, display or similar spectacle or on any special occasion, by persons resident outside Bermuda, and the owner and driver thereof, from any provision of this Act or any regulations made thereunder subject to such terms, condi tions or limitations, as the Minister thinks fit to impose.

[section 2 amended by 1997 : 31 effective 16 December 1997, by 1998 : 7 effective 1 April 1998; and by 1997 :37 effective by notice in Official Gazette]

Declaration of general principle of Act

3 It is hereby declared that the use of motor cars in Bermuda shall be governed by the following general principle, that is to say, that the number and the kinds of motor cars used and the manner in which mo tor cars are used shall be subject to special control and regulation so as to preserve as far as possible the amenities of Bermuda, notwithstanding any consideration of private gain or personal convenience.

Use of motor cars in Bermuda

4 In accordance with the principle declared in section 3 the use of motor cars in Bermuda shall be lawful generally but shall be subject to the conditions, restrictions and limitations imposed by or under this Act or any regulations made thereunder.

General functions of Minister under Act

5 (1) The Minister shall exercise a general supervision and con trol over matters concerning or connected with the use of motor cars in Bermuda.

(2) Without prejudice to the generality of subsection (1)�

(a) the Minister shall cause to be made such inquiries as he thinks expedient in respect of any matters concerning or connected with the use of motor cars, or in relation to any matters for which his sanction, approval or consent, or the sanction, approval or consent of any officer of the Department, is required by or under this Act;

(b) the Minister, in respect of matters connected with the use of motor cars, shall cause such statistical data to be obtained and recorded, and such records or reports to be published, as he may think expedient.

Establishment of Transport Control Department

6 (1) There shall be established a Department of Government which shall be charged with the duty of assisting the Minister in the dis charge of his responsibilities under this Act and any other enactment which shall be known as the Transport Control Department.

(2) The Department shall, subject to the general direction and control of the Minister, be under the supervision of a public officer who shall be known as the Director of Transport Control and shall consist of such number of other public officers as may from time to time be autho rized by the Governor.

[section 6 amended by 1998 : 20 effective 18 June 1998]

Appointment and functions of examiners and traffic officers

7 (1) Any person duly appointed by the Governor to the De partment, to be an Official Examiner, or an Assistant Examiner, or, as the case may be, a Traffic Officer or a Traffic Inspector, shall be, respec tively, an examiner or a traffic officer for the purposes of this Act.

(2) An examiner or traffic officer shall have the power and shall discharge the duties respectively conferred or imposed upon an examiner or traffic officer by or under this Act.

Delegation of powers and duties of Minister or Board

8 Any power or duty exercisable or to be performed by the Minister or the Board by virtue of Part IV and Part V may be exercised on behalf of the Minister or the Board by an officer of the Department authorized by the Minister or the Board in that regard:

Provided that if any person is aggrieved by anything done or omitted to be done by any officer so authorized he may appeal to the Minister or the Board.

Duties of police officers in relation to Act

9 Every police officer shall aid and assist the Minister or the Board in carrying out the provisions and objects of this Act.

PART II

RESTRICTIONS ON USE OF MOTOR CARS OF CERTAIN CLASSES

Restrictions on horse-power, weight and dimensions

10 (1) Subject to this section, no person shall use, or cause or al low any other person to use, any motor car the specifications of which are not in accordance with the several specifications (hereinafter in this section referred to as "statutory specifications") set out in the First Schedule and made applicable respectively to the several classes of mo tor cars therein mentioned:

Provided that�

(a) the restrictions imposed by this subsection shall not have effect�

(i) in relation to a motor car used in the service of the Governor; or

(ii) in relation to one motor car used in the service of each Consulate of a Foreign State in Bermuda as a Consulate official motor car within the meaning of section 39; or

(iii) in relation to a motor car used, with the written permission of the Minister, as a fire-fighting ve hicle or as an ambulance or as a self-propelled constructional machine or for the purpose of transporting persons who attend a special school or a hospital under the jurisdiction of the Bermuda Hospitals Board; or

(iv) in so far as they limit the cubic capacity of the engine of any motor car, in relation to any motor car propelled by electrical power; or

(v) in relation to Trucks, Tank Wagons and Tractors (set out at Item D in the Second Schedule) which prior to the 1st September, 1979 have been reg istered with statutory dimensions of length not exceeding 260 inches or width not exceeding 90 inches; or

(vi) in relation to a motor car owned by the Govern ment for use by the Premier;

(b) the restrictions imposed by this subsection shall not have effect in relation to�

(i) a motor car owned by the Government and used in the service of the Police Service so long as the dimensions of such motor car do not exceed such limits as the Minister may in any particular case determine; and

(ii) a purpose-built motor car; and

(iii) a purpose-built motor taxi; and

(iv) a purpose-built public service vehicle.

(2) Notwithstanding anything in subsection (1), the Minister may grant permission for the use of a motor car the specifications of which are not in accordance with the statutory specifications�

(a) for the purpose of the transportation of any load where the Minister is satisfied�

(i) that the load is so heavy or so large that in the circumstances it would cause grave inconve nience to transport it by means of a motor car the specifications of which are in accordance with the statutory specifications, or by any other means; and

(ii) that the circumstances in which the transporta tion is required are exceptional;

(b) for the purpose of the removal of any such motor car�

(i) from the place where it has been landed to the place where it is to be kept; or

(ii) from a place where it is being kept to a place where it is to be kept; or

(iii) from any place where it is being kept to any place for the purpose of repairing it or putting it in order or for installing in it fittings or equip ment;

(c) where the purpose of such use is the transportation of guests, members or players about the premises of an hotel, club, cottage colony or golf course or the trans portation of any articles or equipment used in the oper ation of such premises and it is necessary to give effect to such purpose that the motor car should cross a high way or an estate road or use such part of a highway or an estate road as may be specified in the permission:

Provided that no permission shall be given under this paragraph for any motor car which is in length greater than 160 inches or in width greater than 54 inches;

(d) where the purpose of such use is the transportation of guests of any hotel for the time being licensed under the Hotels (Licensing and Control) Act 1969 [title 17 item 2] to or from the hotel premises to or from any beach com monly used for the convenience of guests and it is nec essary to give effect to such purpose that the motor car should cross any estate road or highway other than a highway designated as a commuter route or tourist route for the purposes of the Development Plan 1974:

Provided that no permission shall be given under this paragraph for the use of any motor car which is greater than 180 inches in length or 71 inches in width; or

(e) where in the opinion of the Minister, after consultation with the Minister responsible for Works and Engineer ing, it is in the public interest that approval of specifica tions of larger dimensions should be given,

and the use of such a motor car in accordance with the terms of any such permission shall not be deemed to be in contravention of this sec tion.

(3) Notwithstanding anything in subsection (1), the Minister may grant permission for the use of a motor car which has temporarily attached thereto any additions or fitments for the purpose of being used in any procession, parade, pageant or similar spectacle, and the use, in accordance with the terms of any such permission, of a motor car having attached thereto such additions or fitments shall not be deemed to be in contravention of this section.

(4) The Minister, in granting any permission under subsection (1), (2) or (3), may impose conditions or limitations concerning the time at which and the highways on which the motor car is to be used, and such other conditions or limitations (whether of the same kind as those aforementioned or not) as the Minister thinks fit to impose.

Any such permission may be granted either in respect of a par ticular case or in respect of cases of a class specified in the permission.

(5) In this section and in the First Schedule "specifications" means, in relation to any motor car, the engine capacity, weight, dimen sions and other special features or characteristics of the motor car.

(6) In this section and in section 62A�

(a) "purpose-built motor car" means a motor car�

(i) which is constructed or adapted to accommodate a wheelchair;

(ii) the length of which does not exceed 180 inches and the width of which does not exceed 73 inches; and

(iii) the owner of which satisfies the Minister that the motor car is intended to be used, wholly or partly, for the transportation of a person with a physical disability of such a nature and extent that it is necessary for that person to use a wheelchair; and

(b) "purpose-built public service vehicle" means a motor car�

(i) which is constructed or adapted to accommodate a wheelchair;

(ii) the length of which does not exceed 200 inches and the width of which does not exceed 76 inches; and

(iii) the owner of which satisfies the Minister that the motor car is intended to be used, for hire or reward, wholly or partly, for the transportation of persons with physical disability of such a nature and extent that it is necessary for them to use wheelchairs, and persons having the care of such persons.

(7) in this section "purpose-built motor taxi" means a motor taxi�

(a) which is constructed or adapted by the manufacturer to accommodate a wheelchair; and

(b) the length of which does not exceed 200 inches, the width of which does not exceed 75 inches and the engine capacity of which does not exceed 3800 cubic centimetres.

[Section 10 amended by 1995:31 effective 30 June 1995, by 1995 : 46 effective 22 December 1995, by 1997 : 31 effective 16 December 1997; and by 1997 : 37 effective by notice in Official Gazette]

Restrictions on design, colour and equipment

11 (1) No person shall use or to cause or allow any other person to use any motor car on a highway�

(a) if the design of the motor car; or

(b) if the colour of the motor car; or

is prohibited by regulations made under this Act.

(2) No person shall use or to cause or allow any person to use any motor car on a highway or estate road�

(a) unless the motor car is equipped in accordance with regulations made under this Act;

(aa) unless the tinted film, sunshading material or other coloured material affixed to the windscreen or window of the motor car is of a type that complies with the requirements imposed by law; or

(b) unless the equipment so prescribed for the motor car is in good working order.

(3) Provision may be made by regulations made under this Act�

(a) for regulating the design of motor cars;

(a) the duration of occupation of the residence by each of those persons;

(b) the period for which each of those persons has been registered as the owner of a private motor car; and

(5) While a motor car licence issued to any person in respect of a particular private motor car remains in force, a motor car licence shall not be issued to that person in respect of another private motor car.

(6) While a person is registered as the owner of a particular private motor car he shall not be registered as the owner of another pri vate motor car.

(7) While a person is entitled to use a particular private motor car on the highways of Bermuda, he shall not use or cause or allow any other person to use on such highways any other private motor car which, though not licensed or registered in his name, is owned by him or is or dinarily at his disposal.

(8) While a person holds a motor car licence in respect of a particular private motor car and is registered as the owner of that private motor car, no motor car licence in respect of a private motor car shall be issued to any member of the same household as that person, nor shall any member of the same household as that person be registered as the owner of a private motor car.

(9) No motor car licence shall be issued to any corporate body, company, firm or association of persons in respect of a private motor car, nor shall any corporate body, company, firm or association of persons be registered as the owner of a private motor car.

In this subsection "association of persons" means an organized body of persons such as a society or club or similar body of persons.

(10) Any motor car licence, any registration of a motor car, and any certificate of registration which is not in compliance with any of the foregoing provisions of this section, shall be void.

(11) Subject to the exceptions or modifications provided in sub section (12), a driver's licence or learner's permit issued to any person, although it is a driver's licence or learner's permit valid for the driving of private motor cars, shall not authorize that person to drive more than one particular private motor car, and shall not authorize that person to drive any private motor car unless it falls within one of the following de scriptions, that is to say�

(a) a private motor car in respect of which that person him self holds a motor car licence and is registered as the owner; or

(b) a private motor car in respect of which a member of the same household as that person holds a motor car licence and is registered as the owner;

(c) where that person is in the employment of another per son, the employment being whole time employment of a domestic or purely personal nature, a private motor car in respect of which his employer holds a motor car li cence and is registered as the owner; or

(d) a private motor car in respect of which another person with a physical disability holds a motor car licence and is registered as the owner;

and unless, also, the identification mark of the private motor car is spec ified in the driver's licence or learner's permit held by that person.

(12) Notwithstanding anything in subsection (11)�

(a) a person may lawfully drive any private motor car while he is undergoing a driving examination under the super vision of an examiner for the purpose of testing his com petency to drive a private motor car;

(b) an examiner or traffic officer may lawfully drive any pri vate motor car while acting within the scope of his duties as such;

(d) a person may lawfully drive any private motor car�

(i) while a person holding a motor car licence in re spect of that private motor car; or

(ii) while a person who is a member of the same household as the person who holds that motor car licence; or

(iii) while a person who holds a driver's licence in re spect of the driving of that private motor car,

is a passenger therein;

(e) a medical practitioner or veterinary practitioner holding a driver's licence or learner's permit in respect of a par ticular private motor car, and any other person holding a driver's licence or learner's permit in respect of the
driving of that particular motor car may, while that mo tor car is unserviceable, lawfully drive any other private motor car for a purpose connected with the professional requirements of the practitioner;

(f) a person who is engaged or employed in the operation of a public garage may, in connection with the operation of the public garage and subject as prescribed, lawfully drive any private motor car in order to move it to any place for the purpose of repairing or servicing it or in or der to move it to any place appointed by the owner of the motor car or by some person on the owner's behalf after the carrying out of any such repair or servicing as afore said;

(g) a person who is contemplating the purchase of a partic ular private motor car from the holder of a trade licence may, while the holder of the trade licence is a passenger therein, and subject as prescribed, lawfully drive that private motor car for the purpose of assessing its quali ties.

(13) Any person who drives a private motor car which he is not authorized under this section to drive commits an offence against this Act.

(14) For the purposes of this section, a person shall be deemed to be a member of the same household as another person if he resides in the same residence as that other person.

In this section �

"residence" means a building or part of a building occupied or capable of beneficial occupation for residential purposes which �

(a) is entered as a separate valuation unit in the valuation list maintained under the Land Valuation and Tax Act 1967 [title 14 item 31]; or

(b) if not so entered �

(i) forms part of an approved dormitory; or

(ii) is acknowledged by a certificate issued by or on be half of the Minister as a separate residence for the purposes of the issue of motor car licences under this section.

The Minister may by notice published in the Gazette designate any building or complex of buildings which is occupied by hotel staff, nurses, police, or prison officers, service personnel or other persons having the same employer as an approved dormitory for the purposes of this sec tion.

(15) Nothing in the foregoing provisions of this section shall prejudice the effect of section 74.

(16) The principles and provisions laid down in this section shall apply to a private light truck as if for the words "private motor car" wher ever used in the section there were substituted the words "private light truck":

Provided that subsection (11)(c) shall not preclude an employee from obtaining a licence to drive his employer's private light truck in the course of his employment.

(17) No private light truck shall be eligible for registration unless it is of a type approved by the Minister.

(18) Notwithstanding any other provision in this Act or any Reg ulations made thereunder no lettering, figure, sign, design, motif, orna mentation or advertisement of any kind shall be painted or exhibited on the interior or exterior surface of a private light truck except such as may be approved by the Minister.

(19) In this section "a person with a physical disability" means the owner of a motor car who satisfies the Minister that he suffers from a physical disability of such a nature and extent that his ability to move from one place to another within Bermuda depends entirely upon the use of his motor car.

[Section 16 amended by 1995:31 effective 30 June 1995]

Restrictions upon replacement of private motor cars

17 (1) Subject to this section and section 18, where any person who is registered as the owner of a private motor car under this Act sells or otherwise disposes of that motor car, or in the case of a part-owner his interest in that motor car, no motor car shall be registered �

(a) by him;

(b) by any member of his household; or

until after the date of the registration or the licensing of the motor car in the name of another person or of the disposal of the motor car.

(2) For the purposes of this section a motor car is treated as disposed of�

(a) where the motor car to be disposed of is certified by an examiner to be so damaged as to be beyond repair and to be permanently unserviceable and has been disposed of in such manner as the Minister may direct;

(b) where an export certificate is issued in respect of the motor car under section 58 and the Minister is satisfied that the motor car has been exported;

(3) Any motor car licence, any registration and any certificate of registration which is issued or made in contravention of this section shall be void.

(4) In this section "member of the same household" and "residence" have the same meanings as in section 16.

[section 17 amended by 1993 : 3 effective 12 March 1993]

Transitional provisions governing multiple registration of private motor cars

18 [omitted]

Restriction on licensing of second-hand private motor cars

19 (1) A private motor car which has previously been licensed in the name of one person shall not be registered or licensed in the name of any other person unless that motor car, at a date within one month be fore the date of the application for such registration or licence, has been examined by an examiner and has been certified by the examiner to be fit to be licensed as a private motor car.

(2) Section 54(5) shall apply to an examination carried out un der subsection (1).

Entitlement of excepted persons to own and use two private motor cars

20 (1) Notwithstanding anything in section 16, an excepted person shall be entitled, in addition to any private motor car which he is autho rized to own and have at his disposal under section 16, to licence a pri vate motor car for use in his professional capacity.

(2) A motor car licensed under subsection (1) shall bear such distinctive identification mark as the Minister may determine.

(3) A motor car licensed under subsection (1) shall be driven by the following persons only: �

(a) the excepted person in whose name the motor car is registered;

(b) a locum tenens authorized by the Bermuda Medical Council to undertake the duties of the excepted person during any period he is absent from Bermuda or is oth erwise unable to carry out his professional duties;

(d) any person authorized in writing by the Minister.

(4) Any person who, not being a person mentioned in subsec tion (3), drives a motor car licensed under subsection (1) commits an of fence.

(5) In this section "excepted person" means a registered medi cal practitioner or, as the case may be, a registered veterinary practitioner �

(a) who is ordinarily resident in Bermuda; and

(b) who is in active practice as a medical practitioner or, as the case may be, as a veterinary practitioner; and

(i) a Government Medical Officer within the mean ing of the Public Health Act 1949 [title 11 item 1]; or

(ii) a Medical Director or other full time officer of the Bermuda Hospitals Board; or

(iii) a medical officer in Her Majesty's Regular Forces or in the United States Forces.

21 [repealed by 1976:58]

Restriction on use of instructional vehicles

22 (1) No person shall use or cause or allow any other person to use any instructional vehicle except under the authority and in accor dance with the terms and conditions of a permit granted by the Minister.

(2) A permit issued for the purposes of subsection (1) shall only be issued to and in the name of a driving instructor and no driving in structor shall be issued with more than one such permit.

(3) The Minister shall refuse to issue a permit unless he is sat isfied that the instructional vehicle is constructed and equipped in the manner provided in any regulations relating to such a vehicle and may issue a permit subject to such conditions and limitations as he sees fit to specify in the permit.

(4) A permit issued for the purposes of subsection (1) shall ex pire 12 months after the date of the issue thereof.

(5) Nothing in sections 15, 16, 17, 18, 19, 20 and 21 shall have effect in relation to an instructional vehicle in respect of which a permit has been issued under this section.

Use of instructional vehicles

23 No person shall drive or cause or allow any other person to drive an instructional vehicle unless �

(a) the instructional vehicle is being used for the purposes of providing driving instruction or of travelling to or from the place where such instruction is to be, or has been, given; and

(b) the person driving the instructional vehicle is �

(i) a driving instructor; or

(ii) a person being lawfully taught to drive under the supervision of a driving instructor.

Use of motor cycles

24 (1) Subject as hereinafter provided, no person shall use or cause or allow any other person to use a motor cycle, the cubic capacity of the motor of which exceeds 150 cubic centimetres:

Provided that the foregoing restrictions shall not apply in relation to any motor cycle owned by the Government and used in the service of the Police Service.

(2) Except with the written permission of the Minister, and in accordance with any conditions or limitations specified in the permis sion, a motor cycle shall not be used for any purpose other than the purpose of the convenient conveyance of its driver and any passenger thereon from one place to another.

(3) Nothing in section 16 or section 17 shall have effect in rela tion to a motor cycle.

(4) No person shall use or cause or allow to be used any motor cycle which at the time of its importation into Bermuda was a used mo tor cycle, that is to say, a motor cycle which had already been used oth erwise than for the purpose of testing it:

Provided that the foregoing re strictions shall not apply �

(a) where a person imports for the first time into Bermuda a motor cycle �

(i) which is owned by him; and

(ii) which has been owned by him for a period not longer than the period of 6 months immediately preceding the date of the importation of the motor cycle into Bermuda; and

(iii) which, prior to the date on which it was first im ported into Bermuda, has not been used except for the purpose of testing it, or for the personal use of the person who imports it into Bermuda;

(b) where a person re-imports into Bermuda a motor cycle owned by him and which was owned and was being lawfully used by him immediately before it was exported from Bermuda.

(5) In this section, "motor cycle" means a motor car designed to travel on two wheels, which is equipped with two or more gear ratios or the motor of which has a cubic capacity exceeding 50 cubic centime tres, but, subject to subsection (1), not exceeding 150 cubic centimetres.

[section 24 amended by 1997 : 37 effective by notice in Official Gazette]

Use of invalid carriages

25 (1) Subject to this section it shall not be necessary for a person to hold a licence or a permit for the use of an invalid carriage on a road.

(2) Every invalid carriage shall be of a type approved by the Minister and shall be equipped with an efficient braking system, so de signed and constructed that application of the brakes shall bring the ve hicle to rest within a reasonable distance.

(3) Before any person may use an invalid carriage on a road for the first time he shall submit it to an examiner who shall test the brak ing system and if the braking system is efficient for the purposes of the vehicle the examiner shall issue, free of charge, to certificate to that ef fect.

(4) Examinations of invalid carriages shall be made at such times and such places as the Minister may appoint by notice.

(5) Where an invalid carriage is used at night a single head lamp showing a white light to the front shall be attached to the vehicle. A reflector showing red to the rear shall also be attached to the vehicle.

(6) If at any time it is made to appear to the Minister that the physical or mental condition of a person who operates an invalid carriage has deteriorated to such an extent as to be likely to prevent him from op erating the invalid carriage in a safe and proper manner on a road, hav ing regard to other users thereof, the Minister may by notice addressed to him prohibit him from using an invalid carriage on the road or on a particular road.

(7) The Minister may make regulations generally in relation to the use of invalid carriages and otherwise in respect thereof.

(8) Any person who contravenes subsection (2), (3), (5) or (6) commits an offence:

Punishment on summary conviction: a fine of $350.

(9) For the purposes of this section "road" includes a highway, an es tate road, a naval or military road, a United States road as so de fined in section 1 of the Road Traffic Act 1947 [title 21 item 3], sidewalk so de fined in that Act, and grass verges adjoining a road.

(10) The following enactments shall not apply to an invalid car riage:

(a) section 7 of the Road Traffic Act 1947 [title 21 item 3] relating to the speed limits of vehicles;

(b) section 25 of the Road Traffic Act 1947 [title 21 item 3] relating to the carrying of lights during the hours of darkness; and

Use of community service vehicles

25A (1) No person shall use or cause or allow any other person to use any motor car as a community service vehicle except under the au thority and in accordance with the terms and conditions of a permit granted by the Minister.

(2) With respect to permits authorizing persons to use commu nity service vehicles�

(a) an application for the grant of a permit shall be made to the Minister in the prescribed manner and shall contain the prescribed particulars;

(b) the Minister shall consider every such application and may in his discretion either grant or refuse to grant a permit;

(c) without prejudice to the discretionary power of the Min ister, in any application made to him to grant a permit the Minister, in determining any application shall �

(i) not grant a permit unless he is satisfied that the applicant operates a service or a facility involv ing the care of young children or the care of el derly, disabled or infirm persons which is of demonstrable benefit to the public;

(ii) take into consideration whether there is reasonable need for such transport facilities in the community;

(d) no person shall own or be registered as the owner of more than two community service vehicles;

(e) if the Minister is satisfied that the circumstances by rea son of which a permit is granted under this section have ceased to exist or have been materially modified, then the Minister may by notice in writing to the holder of the permit revoke or vary the permit.

(3) Provision may be made by regulations made under this Act�

(a) for prescribing the particulars to be furnished to the Minister by applicants for the grant of permits;

(b) for requiring the holders of permits to notify the Minister upon ceasing to engage in the business involving the service or facility which necessitated the use of a com munity service vehicle;

General restrictions on use of motor cars for hire or reward

26 (1) Subject to subsection (3), no person shall use or cause or allow any other person to use �

(a) any motor car other than a public service vehicle for the carriage of passengers for hire or reward;

(b) any motor car other than a truck (including a tank wagon) for the carriage of goods, substances, animals or other loads for hire or reward.

(2) Subject to subsection (3), it shall be unlawful for any person to demand or accept any reward �

(a) in respect of the use of any motor car other than a pub lic service vehicle for the carriage of passengers for hire or reward;

(b) in respect of the use of any motor car other than a truck (including a tank wagon) for the carriage of goods, sub stances, animals or other loads.

(3) Nothing in subsections (1) or (2) shall have effect �

(a) in relation to the carriage of goods, substances, animals or other loads in public service vehicles for hire or re ward in accordance with regulations made under this Act or, in respect of omnibuses operated by the Govern ment, in accordance with regulations duly made by the Public Transportation Board under any other Act; or

(b) in relation to the carriage in an ambulance of a sick or injured person or from a hospital or other place for the purpose of his relief or treatment; or

Introductory provisions concerning use of public service vehicles

27 [omitted]

Establishment of Public Service Vehicles Licensing Board

28 (1) There shall be established for the purpose of licensing the use of public service vehicles a board of persons to be called the Public Service Vehicles Licensing Board which shall have the powers and dis charge the duties conferred or imposed upon the Public Service Vehicles Licensing Board by or under sections 32, 33, 34, 35, 36, 90(1), 90(4), 90(5) and 90(6) of this Act and any other enactment.

(2) The Governor shall by notice in the Gazette appoint annu ally such numbers of persons, being not less than five nor more than eleven as the Governor may decide, to be members of the Board.

(3) Any person appointed to be a member of the Board shall hold office during the Governor's pleasure and unless his appointment is earlier terminated it shall be deemed to terminate one year from the date upon which such appointment took effect.

(4) There shall be a Chairman and Deputy Chairman of the Board each of whom shall be appointed by the Governor from among the members of the Board and each of whom shall hold office as such during the Governor's pleasure:

Provided that the Board shall be deemed to be properly consti tuted notwithstanding that there is a vacancy in the office of Chairman or Deputy Chairman or any member.

(5) Any meeting of the Board shall be presided over by �

(a) the Chairman; or

(b) in the absence of the Chairman, the Deputy Chairman; or

(c) in the absence of both the Chairman and the Deputy Chairman such member of the Board as the members present elect to act as Chairman at that meeting.

(6) A majority of the members of the Board in Bermuda at the date of any meeting shall form a quorum thereat:

Provided that such majority shall consist of not less than four members.

(7) Every question or matter to be determined by the Board at any meeting shall be decided by a majority of the votes of the members present and voting on the question or matter:

Provided that in the event of any equal division of votes the per son presiding at the meeting may, if he thinks fit, give a second or cast ing vote.

(8) Fees shall be paid to members of the Board in accordance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

(9) Subject to subsections (1) to (8) the Board may regulate its own procedure.

(10) In the exercise of his powers under this section the Gover nor shall act on the advice of the Minister.

Minister may give Board general directions

29 The Minister may, after consultation with the Board, give to the Board directions of a general character as to the exercise and perfor mance by the Board of their functions under this Act and any other en actment in relation to matters which appear to him to affect the public interest, and the Board shall give effect to any such directions.

Board may call upon Department

30 In the exercise and performance of their functions under this Act and any other enactment the Board may call upon the Department to provide such advice and assistance as the Board consider necessary for the performance of their functions and the Department shall provide such advice and assistance.

Board to furnish Minister with reports

31 (1) The Board shall furnish the Minister with such reports, re turns, statistics and other information concerning the exercise and per formance by them of their functions as he may from time to time require.

(2) Without prejudice to the generality of subsection (1) the Board shall, as soon as possible after the first day of January in each year, make to the Minister a report on the exercise and performance by them of their functions during the preceding year and such report shall set out any direction given by the Minister to the Board during the year.

(3) A copy of every report made to the Minister under subsec tion (2) shall be laid by him before each House of the Legislature.

Use of omnibuses and minibuses

32 (1) The Government may operate omnibuses, or minibuses, or both either directly or through an agent, on the highways of Bermuda.

(2) Subject as aforesaid, no person other than an approved omnibus company or an approved minibus company shall use, or cause or allow any other person to use any motor car as an omnibus or a minibus.

(3) In this section "approved omnibus company and approved minibus company" means a com pany incorporated in Bermuda and operating omnibuses or minibuses, as the case may be, on the high ways of Bermuda with the prior approval of the Board and under and in accordance with an Act of the Legislature.

(4) This section shall have effect notwithstanding any other Act or any power conferred thereunder.

[section 32 amended by 1998 : 7 effective 1 April 1998]

Use of motor taxis

33 (1) No person shall use, or cause or allow any other person to use, any motor car as a motor taxi except under the authority of a valid permit granted by the Board authorizing the operation of a motor taxi service.

(2) With respect to permits authorizing persons to operate mo tor taxi services�

(a) an application for the grant of a permit shall be made to the Board in the prescribed manner and shall contain the prescribed particulars;

(b) the Board shall consider every such application and may in their discretion either grant or refuse to grant a per mit;

Bermuda Consolidated Legislation

Motor Car Act 1951